North Carolina § 130A-310 - 50. (Repealed effective June 30, 2031) Definitions.

§ 130A-310. 50. (Repealed effective June 30, 2031) Definitions.

As used in this Part: Repealed by Session Laws 2007-142, s. 1, effective June 29, 2007. "End-of-life vehicle" means a vehicle that is sold, given, or otherwise conveyed to a vehicle crusher, vehicle dismantler, vehicle recycler, or scrap vehicle processing facility for the purpose of recycling. "Inaccessible", when used in connection with mercury switch, means that, due to the condition of the vehicle, the mercury switch cannot be removed from a vehicle without a significant risk of a release of mercury into the environment. (4) Repealed by Session Laws 2007-142, s. 1, effective June 29, 2007. "Mercury recovery performance ratio" means the ratio of the number of pounds of mercury recovered from mercury switches from the State in a calendar year to the estimated number of pounds of mercury available to be recovered from mercury switches from the State in the same calendar year. Reserved for future codification purposes. "National mercury recovery performance ratio" means the ratio of the number of pounds of mercury recovered from mercury switches from the United States in a calendar year to the estimated number of pounds of mercury available to be recovered from mercury switches from the United States in the same calendar year. "NVMSRP" means the Memorandum of Understanding to establish the National Vehicle Mercury Switch Recovery Program dated 11 August 2006. "Vehicle crusher" means a person who engages in the business of flattening, crushing, or otherwise processing end-of-life vehicles for recycling. Vehicle crusher includes, but is not limited to, a person who uses fixed or mobile equipment to flatten or crush end-of-life vehicles for a vehicle recycler or a scrap vehicle processing facility. "Vehicle dismantler" has the same meaning as "vehicle recycler." "Vehicle manufacturer" means a person, firm, association, partnership, corporation, governmental entity, organization, combination, or joint venture that is the last person in the production or assembly process of a motor vehicle that contains one or more mercury switches, or in the case of an imported vehicle, the importer or domestic distributor of the vehicle. "Vehicle manufacturer" does not include any person engaged in the business of selling new motor vehicles at retail or any person who converts or modifies new motor vehicles after the production or assembly process. (5) "Mercury switch" means each capsule or assembly containing mercury that is part of a convenience light switch installed in a vehicle. (6) "Scrap vehicle processing facility" means a fixed location where machinery and equipment are used to process scrap vehicles into specification grade commodities including facilities where a shredder or fragmentizer is used to process scrap vehicles into shredded scrap and facilities where end-of-life vehicles are prepared to be shredded. (7) "Vehicle" means any passenger automobile or passenger car, station wagon, truck, van, or sport utility vehicle with a gross vehicle weight rating of less than 12,000 pounds. (8) "Vehicle recycler" means a person or entity engaged in the business of acquiring, dismantling, or destroying six or more end-of-life vehicles in a calendar year for the primary purpose of resale of parts of the vehicle, including scrap metal. History (2005-384, s. 1; 2006-255, s. 5; 2007-142, s. 1; 2016-94, s. 14.1(a); 2017-57, s. 13.21(a); 2020-74, s. 7(a).) Part 6 Has a Delayed Repeal Date. - Session Laws 2007-142, s. 9, as amended by Session Laws 2016-94, s. 14.1(a), as amended by Session Laws 2017-57, s. 13.21(a), and as amended by Session Laws 2020-74, s. 7(a), provides, in part: "Effective June 30, 2031, Part 6 of Article 9 of Chapter 130A of the General Statutes, as amended by this act, is repealed." Editor's Note. - Session Laws 2005-384, s. 3, provides: "The Commission for Health Services [now the Commission for Public Health] shall amend 15A NCAC 13A.0119 to adopt rules governing the management of waste mercury-containing devices, as defined in the Notice of Proposed Rulemaking published on June 12, 2002 in the Federal Register, Volume 67, Number 113, Pages 40507 through 40528, as universal waste." Session Laws 2007-142, s. 1, enacted a new subdivision (5a), which was redesignated as subdivision (4a) at the direction of the Revisor of Statutes to maintain alphabetical order. Session Laws 2016-94, s. 14.1(a), effective July 1, 2016 amended Session Laws 2007-142, s. 9, to remove the December 1, 2017 expiration date of the act, and to add the following delayed repeal: "Effective June 30, 2017, Part 6 of Article 9 of Chapter 130A of the General Statutes, as amended by this act, is repealed." Session Laws 2016-94, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2016.' " Session Laws 2016-94, s. 39.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2016-2017 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2016-2017 fiscal year." Session Laws 2016-94, s. 39.7, is a severability clause. Session Laws 2017-57, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2017.'" Session Laws 2017-57, s. 39.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2017-2019 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2017-2019 fiscal biennium." Session Laws 2017-57, s. 39.6, is a severability clause. Effect of Amendments. - Session Laws 2007-142, s. 1, as amended by Session Laws 2016-94, s. 14.1(a), effective June 29, 2007, deleted subdivision (1) concerning "Capture rate"; in subdivision (2), inserted "vehicle crusher, vehicle dismantler" and substituted "scrap vehicle processing" for "scrap metal recycling"; added subdivision (2a); deleted former subdivision (3) concerning "Manufacturer"; deleted former subdivision (4) concerning "Mercury minimization plan"; substituted "capsule or assembly containing mercury that is part of a convenience light switch" for "mercury containing capsule, commonly known as a 'bullet', that is part of a convenience light switch assembly" in subdivision (5); added subdivisions (5a) through (5c); rewrote subdivision (6); added subdivision (7a) through (7c); and, in subdivision (8), substituted "a person" for "an individual" near the beginning and added "including scrap metal" at the end.