Indiana § 13-20-17-5 - Violations

§ 13-20-17-5. Violations

Sec. 5. A person who knowingly violates this chapter commits a Class C infraction.

[Pre-1996 Recodification Citation: 13-1-16-7.]

As added by P.L.1-1996, SEC.10.

IC 13-20-17.5Chapter 17.5. Mercury and Mercury Products

13-20-17.5-1Applicability of chapter 13-20-17.5-2Prohibition of sale or distribution of mercury-added novelty 13-20-17.5-3Mercury thermometers 13-20-17.5-4Mercury in schools 13-20-17.5-5Restrictions on sale of mercury commodities 13-20-17.5-6Public education programs 13-20-17.5-7Mercury collection programs

IC 13-20-17.5-1Applicability of chapter Sec. 1. This chapter does not apply to antiques.

As added by P.L.225-2001, SEC.15.

IC 13-20-17.5-2Prohibition of sale or distribution of mercury-added novelty Sec. 2. (a) This section does not apply to a mercury-added novelty if:

(1) the novelty uses a mercury-added button cell battery to function; and

(2) the only mercury contained in the novelty is found in the mercury-added button cell battery.

(b) After July 1, 2003, a mercury-added novelty may not be:

(1) offered for final sale; or

(2) distributed for promotional purposes;

in Indiana if the offerer or distributor knows or has reason to know that the novelty contains mercury.

As added by P.L.225-2001, SEC.15.

IC 13-20-17.5-3Mercury thermometers Sec. 3. (a) This section does not apply to a mercury thermometer or to a thermometer if:

(1) the thermometer uses a mercury-added button cell battery; and

(2) the only mercury contained in the thermometer is found in the mercury-added button cell battery.

(b) Except as provided in subsection (c), after July 1, 2003, a person may sell or supply a mercury fever thermometer to an individual only if:

(1) the person is a pharmacist or a pharmacist's assistant working at a pharmacy; and

(2) the thermometers are stored in such a manner that the pharmacist or the pharmacist's assistant must obtain the thermometer for the individual.

(c) A licensed practitioner of medicine may sell or supply a mercury fever thermometer to an individual.

As added by P.L.225-2001, SEC.15.

IC 13-20-17.5-4Mercury in schools Sec. 4. After July 1, 2003, a public school or nonpublic school may not use or purchase for use in a primary or secondary classroom:

(1) a mercury commodity;

(2) mercury compounds; or

(3) mercury-added instructional equipment and materials;

except measuring devices and thermometers for which no adequate substitute exists for use in laboratories.

As added by P.L.225-2001, SEC.15.

IC 13-20-17.5-5Restrictions on sale of mercury commodities Sec. 5. After July 1, 2003, a person may sell or provide a mercury commodity to another person in this state (other than for collection for recycling) only if:

(1) the person selling or providing the mercury commodity provides a material safety data sheet with the mercury commodity; and

(2) the person selling or providing the mercury commodity requires the purchaser or recipient to sign a statement with respect to the mercury in the mercury commodity that the purchaser or recipient:

(A) will use the mercury only:

(i) for medical purposes;

(ii) in dental amalgam dispose-caps;

(iii) for training;

(iv) for research; or

(v) for manufacturing purposes;

(B) understands that mercury is toxic;

(C) will store and use the mercury appropriately so that no individual is exposed to the mercury under normal conditions of use; and

(D) will not intentionally:

(i) place or cause to be placed; or

(ii) allow anyone under the control of the purchaser or recipient to place or cause to be placed;

the mercury commodity in solid waste for disposal, in a sewage disposal system, or in a wastewater treatment plant.

As added by P.L.225-2001, SEC.15. Amended by P.L.159-2011, SEC.31.

IC 13-20-17.5-6Public education programs Sec. 6. (a) The districts shall implement educational programs to provide information to the public concerning:

(1) the reuse and recycling of mercury in:

(A) mercury commodities; and

(B) mercury-added products; and

(2) collection programs available to the public for:

(A) mercury commodities; and

(B) mercury-added products.

(b) The department, with assistance from districts and other appropriate persons, shall develop and provide districts with a curriculum model that includes educational core principles concerning the reuse, recycling, and collection of mercury. The districts shall implement educational programs that meet the minimum standards established by the department in the curriculum model.

(c) Units, in cooperation and with the support of the department, may implement educational programs to provide information to the public concerning:

(1) the reuse and recycling of mercury in:

(A) mercury commodities; and

(B) mercury-added products; and

(2) collection programs available to the public for:

(A) mercury commodities; and

(B) mercury-added products.

As added by P.L.225-2001, SEC.15. Amended by P.L.37-2012, SEC.40.

IC 13-20-17.5-7Mercury collection programs Sec. 7. (a) Districts shall implement mercury collection programs for the public and small businesses.

(b) Units may implement mercury collection programs for the public and small businesses.

As added by P.L.225-2001, SEC.15.

IC 13-20-17.7Chapter 17.7. Mercury Switches in End of Life Vehicles

13-20-17.7-0.5Goal of mercury switch removal program; implementation meets national standards 13-20-17.7-1Development of mercury switch plan 13-20-17.7-2Content of plan 13-20-17.7-3Costs to be paid by motor vehicle manufacturers 13-20-17.7-4Procedure for approval of mercury switch plan 13-20-17.7-5Requirement for removal from vehicles of mercury switches, ABS sensors, and other mercury components; exceptions; acceptance of vehicles by recyclers; records; representation of removal 13-20-17.7-6Payment by department for mercury items; amount established by commissioner; payments from solid waste management fund 13-20-17.7-7Adoption of rules 13-20-17.7-8Enforcement; penalties 13-20-17.7-9Repealed

IC 13-20-17.7-0.5Goal of mercury switch removal program; implementation meets national standards Sec. 0.5. (a) The goal of the program established under this chapter is to remove at least eighty percent (80%) of all mercury switches from end of life vehicles processed in Indiana by motor vehicle recyclers.

(b) Implementing the program established under this chapter addresses the mercury national emission standards for hazardous air pollutants for facilities using recycled steel.

As added by P.L.114-2008, SEC.19.

IC 13-20-17.7-1Development of mercury switch plan Sec. 1. (a) Except as provided in subsection (b), motor vehicle manufacturers engaged on July 1, 2006, in the business of offering motor vehicles for sale in Indiana shall, individually or collectively:

(1) develop a plan to:

(A) remove;

(B) collect;

(C) recover; and

(D) recycle or dispose of;

mercury switches from end of life vehicles;

(2) submit the plan to the commissioner before October 1, 2006; and

(3) implement the plan as required under section 4(b) of this chapter.

(b) Subsection (a) does not apply to a motor vehicle manufacturer that has never installed mercury switches in the manufacturer's motor vehicles.

As added by P.L.170-2006, SEC.15.

IC 13-20-17.7-2Content of plan Sec. 2. A plan described in section 1 of this chapter must include the following:

(1) An education program concerning the purposes of the mercury switch collection program and how to participate in the program, including the following:

(A) Educational materials about the program.

(B) Information identifying which end of life vehicles might contain mercury switches by make, model, and year of manufacture.

(C) Instructions on safe and environmentally sound methods to remove mercury switches.

(2) The provision of containers for collecting and storing mercury switches.

(3) Procedures for the transportation of mercury switches to recycling, storage, or disposal facilities.

(4) Procedures for the recycling, storage, and disposal of mercury.

(5) Procedures to track the progress of the program, including a description of performance measures to be used and reported to demonstrate that the program is meeting measures of the effectiveness of the program, including the following:

(A) The number of mercury switches collected from end of life vehicles.

(B) The amount of mercury collected.

(6) Procedures for implementing the plan.

As added by P.L.170-2006, SEC.15. Amended by P.L.53-2014, SEC.126; P.L.130-2018, SEC.66.

IC 13-20-17.7-3Costs to be paid by motor vehicle manufacturers Sec. 3. Motor vehicle manufacturers that submit plans, individually or collectively, under this chapter shall pay the following costs incurred for implementing the plans:

(1) Educational materials.

(2) Training.

(3) Packaging for transporting mercury switches to recycling, storage, or disposal facilities.

(4) Shipping of mercury switches to recycling, storage, or disposal facilities.

(5) Recycling, storage, or disposal of mercury switches.

(6) Maintenance of all appropriate systems and procedures to protect the environment from mercury contamination.

As added by P.L.170-2006, SEC.15.

IC 13-20-17.7-4Procedure for approval of mercury switch plan Sec. 4. (a) The commissioner shall do the following:

(1) Not more than thirty (30) days after receiving a plan developed by a motor vehicle manufacturer or a group of motor vehicle manufacturers under section 1 of this chapter, issue a public notice of a period of at least thirty (30) days during which the public may submit written comments on the plan to the commissioner.

(2) Not more than one hundred twenty (120) days after receiving a plan, determine whether the entire plan complies with this chapter and:

(A) if the entire plan complies with this chapter, approve the plan in its entirety;

(B) if no part of the plan complies with this chapter, reject the plan in its entirety; or

(C) if only part of the plan complies with this chapter, approve that part and reject the rest of the plan.

(b) If a plan is approved in its entirety under subsection (a)(2)(A), the motor vehicle manufacturers shall begin implementing the plan not more than thirty (30) days after the date the plan is approved. If an entire plan is rejected under subsection (a)(2)(B), the commissioner shall inform the motor vehicle manufacturers why the plan was rejected, and the manufacturers shall submit a new plan not more than thirty (30) days after the commissioner informs the manufacturers that the entire plan was rejected. If a plan is approved in part and rejected in part under subsection (a)(2)(C), the manufacturers shall immediately implement the approved part of the plan and submit a revision of the rejected part of the plan not more than thirty (30) days after the commissioner informs the manufacturers of the commissioner's partial approval. The commissioner shall make a determination on a revised plan not more than thirty (30) days after receiving the revised plan.

(c) Not more than two hundred forty (240) days after receiving a plan developed by motor vehicle manufacturers under section 1 of this chapter, the commissioner shall complete, on behalf of the manufacturer, any part of the plan that has not yet been approved.

As added by P.L.170-2006, SEC.15. Amended by P.L.135-2026, SEC.206.

IC 13-20-17.7-5Requirement for removal from vehicles of mercury switches, ABS sensors, and other mercury components; exceptions; acceptance of vehicles by recyclers; records; representation of removal Sec. 5. (a) Beginning thirty (30) days after the earliest date the commissioner approves a plan under section 4 of this chapter, except as provided in subsection (f), a motor vehicle recycler is required to remove all mercury switches from each end of life vehicle the motor vehicle recycler receives upon receipt of the vehicle.

(b) A mercury switch that is removed from a vehicle shall be collected, stored, transported, and recycled or properly disposed of in accordance with the plan approved under section 4 of this chapter. Either of the following that is removed from a vehicle shall be collected, stored, transported, and recycled or properly disposed of in the same manner as a mercury switch:

(1) An ABS sensor.

(2) Any other component containing more than ten (10) milligrams of mercury.

(c) Notwithstanding subsection (a), a motor vehicle recycler may accept an end of life vehicle containing mercury switches that has not been intentionally flattened, crushed, or baled if the motor vehicle recycler assumes responsibility for removing the mercury switches.

(d) A motor vehicle recycler or any other person that removes mercury switches, ABS sensors, or any other components containing more than ten (10) milligrams of mercury in accordance with this section shall maintain records that document the number of:

(1) end of life vehicles the person processed for recycling;

(2) end of life vehicles the person processed that contained mercury switches, ABS sensors, or any other components containing more than ten (10) milligrams of mercury; and

(3) mercury switches, ABS sensors, and any other components containing more than ten (10) milligrams of mercury the person collected.

A person that maintains records under this section shall retain the records for at least three (3) years.

(e) A person may not represent that mercury switches, ABS sensors, or any other components containing more than ten (10) milligrams of mercury have been removed from a motor vehicle being sold or otherwise conveyed for recycling if the person has not removed the mercury switches, sensors, or other components from the vehicle.

(f) Subsection (a) does not apply to a mercury switch in an end of life vehicle that is:

(1) intentionally flattened, crushed, or baled; or

(2) damaged to the extent that the mercury switch cannot be removed without dismantling the vehicle.

As added by P.L.170-2006, SEC.15. Amended by P.L.114-2008, SEC.20.

IC 13-20-17.7-6Payment by department for mercury items; amount established by commissioner; payments from solid waste management fund Sec. 6. (a) Subject to subsections (b), (c), and (d), a person is entitled to payment from the department for each of the following the person removes from an end of life vehicle under section 5 of this chapter:

(1) A mercury switch.

(2) An ABS sensor.

(3) Any other component containing more than ten (10) milligrams of mercury.

(b) The commissioner shall establish:

(1) the amount of the payment under subsection (a), which must be:

(A) at least one dollar ($1); and

(B) not more than five dollars ($5);

per mercury switch, ABS sensor, or other component containing more than ten (10) milligrams of mercury; and

(2) a procedure for claims for payment under this section.

(c) The commissioner shall determine:

(1) whether to use money in the state solid waste management fund; and

(2) if the commissioner determines under subdivision (1) to use money in that fund, the amount of money from the fund to be used;

to make payments under this section.

(d) The department is required to make payments under this section only to the extent of the amount of money determined by the commissioner under subsection (c)(2).

As added by P.L.170-2006, SEC.15. Amended by P.L.114-2008, SEC.21.

IC 13-20-17.7-7Adoption of rules Sec. 7. The board may adopt rules under IC 4-22-2 and IC 13-14-9 to implement this chapter.

As added by P.L.170-2006, SEC.15.

IC 13-20-17.7-8Enforcement; penalties Sec. 8. (a) This chapter shall be enforced under IC 13-30-3.

(b) A violation of this chapter or a rule adopted under this chapter is subject to the penalties set forth in the following:

(1) IC 13-30-4.

(2) IC 13-30-5.

(3) IC 13-30-8.

In addition, a violation of this chapter may lead to criminal prosecution under IC 13-30-10.

As added by P.L.170-2006, SEC.15. Amended by P.L.137-2007, SEC.20.

IC 13-20-17.7-9RepealedAs added by P.L.170-2006, SEC.15. Repealed by P.L.112-2016, SEC.20.

IC 13-20-18Chapter 18. Repealed[Pre-1996 Recodification Citations:

13-20-18-1formerly 13-7-25-313-20-18-2formerly 13-7-25-413-20-18-3formerly 13-7-25-513-20-18-4formerly 13-7-25-613-20-18-5formerly 13-7-25-713-20-18-6formerly 13-7-25-813-20-18-7formerly 13-7-25-913-20-18-8formerly 13-7-25-1013-20-18-9formerly 13-7-25-1113-20-18-10formerly 13-7-25-1213-20-18-11formerly 13-7-25-1313-20-18-12formerly 13-7-25-14.]Repealed by P.L.1-2002, SEC.172.

IC 13-20-19Chapter 19. Mandatory Coding of Plastic Containers

13-20-19-1Recycling coding required before sale 13-20-19-2Requirements of coding 13-20-19-3Container with label or base cup of different material to be coded according to primary material