New Jersey § 13:1e-99

§ 13:1e-99.

The Legislature finds and declares that mercury is a persistent and toxic pollutant

that bioaccumulates in the environment and that 41 states, including New Jersey, have

issued fish advisories that warn certain individuals to restrict or avoid consuming

fish from bodies of water contaminated with mercury. The Legislature further finds and declares that the United States Food and Drug Administration

has advised pregnant women and women of childbearing age who may become pregnant not

to eat shark, swordfish, king mackerel, and tilefish due to methyl mercury contamination,

and that according to estimates of the United States Environmental Protection Agency,

over 600,000 babies are born annually at risk for adverse neuro-developmental effects

from in-utero exposure to methyl mercury resulting from the consumption of mercury

contaminated fish. The Legislature further finds and declares that recent findings show that historic

and current use of mercury in vehicles can cause the release of as much as 10 tons

of mercury to the nation's environment each year. The Legislature further finds and declares that the vehicle recycling industry, consisting

primarily of small business operators, is a vital component of the State's overall

recycling efforts; that iron and steel manufacturers provide a valuable scrap metal

recycling service; that reliable estimates indicate that iron and steel manufacturing

plants are the largest in-State source of mercury emissions; that the main feed stock

for these plants is scrap metal which includes shredded end-of-life vehicles, some

of which contain mercury in switches that can be emitted to the atmosphere when the

scrap metal is melted in high-temperature processes to convert it into new iron and

steel products; that mercury provides no benefit to iron and steel manufacturing

plants and has no role in the manufacture of iron and steel; and that the federal

Environmental Protection Agency recently finalized regulations that would require

certain iron and steel foundries to implement work practice standards to exclude mercury

switches from the scrap metal feed materials of these foundries. The Legislature further finds and declares that, with regard to mercury emissions,

pollution prevention is more desirable than waste management and pollution control;

and that removing mercury switches from end-of-life vehicles before they are crushed

or shredded and preventing mercury from entering high temperature processes is an

effective way to reduce mercury emissions into the environment. The Legislature further finds and declares that a majority of vehicle manufacturers

have responsibly ceased using mercury switches in currently-manufactured vehicles;

that over the next decade and beyond millions of vehicles containing mercury switches

will be recycled; that vehicle mercury switch collection programs are being established

across the country to protect human health and the environment; and that iron and

steel foundries, vehicle recyclers and the residents of this State would benefit from

a Statewide program that removes mercury switches from end-of-life vehicles. The Legislative therefore determines that it is in the public interest of the residents

of New Jersey to reduce the quantity of mercury in the environment by removing mercury

switches from end-of-life vehicles in New Jersey, by creating a collection and recovery

program for mercury switches removed from end-of-life vehicles in New Jersey, and

by establishing a system to store the mercury collected and recovered from vehicle

mercury switches in the event that environmentally appropriate management technologies

are not available.