North Carolina § 130A-310 - 53. (Repealed effective June 30, 2031) Removal of mercury switches from end-of-life vehicles.

§ 130A-310. 53. (Repealed effective June 30, 2031) Removal of mercury switches from end-of-life vehicles.

A vehicle crusher, vehicle dismantler, vehicle recycler, or scrap vehicle processing facility shall not flatten, crush, bale, or shred an end-of-life vehicle that contains accessible mercury switches. Except as provided in this subsection, a vehicle crusher, vehicle dismantler, vehicle recycler, or scrap vehicle processing facility shall remove all accessible mercury switches from end-of-life vehicles before the vehicle is flattened, crushed, baled, or shredded, or before the vehicle is conveyed to another vehicle crusher, vehicle dismantler, vehicle recycler, or scrap vehicle processing facility. If a vehicle crusher, vehicle dismantler, vehicle recycler, or scrap vehicle processing facility conveys an end-of-life vehicle to another vehicle crusher, vehicle dismantler, vehicle recycler, or scrap vehicle processing facility without removing accessible mercury switches, the receiving vehicle crusher, vehicle dismantler, vehicle recycler, or scrap vehicle processing facility must agree to accept the end-of-life vehicle and assume responsibility for the proper removal of all accessible mercury switches. The agreement to assume responsibility for the proper removal of all accessible mercury switches shall be documented on an invoice that is provided by the vehicle crusher, vehicle dismantler, vehicle recycler, or scrap vehicle processing facility to the person to whom the vehicle is conveyed. A vehicle crusher, vehicle dismantler, vehicle recycler, or scrap vehicle processing facility that removes all accessible mercury switches from an end-of-life vehicle shall mark the vehicle to indicate that all accessible mercury switches have been removed. The vehicle crusher, vehicle dismantler, vehicle recycler, or scrap vehicle processing facility shall certify to any person to whom the vehicle is conveyed, in a form acceptable to the Department, that all accessible mercury switches have been removed from the vehicle. , (d) Repealed by Session Laws 2007-142, s. 3, effective July 1, 2007. Mercury switches that are removed from end-of-life vehicles are considered "universal waste" as defined in 40 Code of Federal Regulations § 273.9 (July 1, 2006 Edition). Mercury switches that are removed from end-of-life vehicles shall be collected, transported, treated, stored, disposed of, and otherwise handled in accordance with rules adopted by the Commission governing universal waste. Vehicle manufacturers, in cooperation with the Department, shall develop, implement, and bear the costs of a mercury switch collection system in accordance with the NVMSRP. This system shall be developed and implemented so as to enhance vehicle recyclability, promote public education and outreach, and provide for the proper removal, collection, and disposal of mercury switches from end-of-life vehicles. History (2005-384, s. 1; 2006-255, s. 5; 2007-142, s. 3; 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 2016-94, s. 14.1(a), 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. 14.1(b), (c), as amended by Session Laws 2017-57, s. 13.21(b), and as amended by Session Laws 2020-74, s. (b), provides: "(b) Section 13.10B of S.L. 2011-145 [Which amended this section] is repealed. "(c) Subsection (b) of this section becomes effective June 30, 2031. Funds remaining in the Mercury Pollution Prevention Fund (Fund Code 24300-2119) on that date shall be transferred to the Division of Waste Management (Fund Code 14300-1760). " This repeal occurs at the same time as the repeal of Part 6 of Article 9 of Chapter 130A of the General Statutes, pursuant to Session Laws 2007-142, s. 9, as amended by Session Laws 2016-94, s. 14.1(a), and as amended by Session Laws 2017-57, s. 13.21(a), and as amended by Session Laws 2020-74, s. 7(a). 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. 3, as amended by Session Laws 2016-94, s. 14.1(a), effective July 1, 2007, rewrote subsections (a) and (b); deleted subsections (c) and (d); substituted "2006 Edition" for "2004 Edition" in the middle of subsection (e); and added subsection (f).