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§ 6-905.3. Electric switches, electric relays, and gas valve switches

West's Annotated Code of MarylandEnvironmentEffective: October 1, 2017

West's Annotated Code of Maryland
Environment
Title 6. Toxic, Carcinogenic, and Flammable Substances (Refs & Annos)
Subtitle 9. Mercury
Part II. Mercury and Products that Contain Mercury
Effective: October 1, 2017
MD Code, Environment, § 6-905.3
§ 6-905.3. Electric switches, electric relays, and gas valve switches
Currentness
In general
(a) Except as provided in subsection (b) of this section, on or after October 1, 2018, a marketer may not knowingly sell or provide to a consumer individually or as a product component:
(1) An electric switch containing mercury;
(2) An electric relay containing mercury; or
(3) A gas valve switch containing mercury.
Scope of section
(b) This section does not apply to an electric switch, an electric relay, or a gas valve switch that is sold or provided to replace a switch or relay that is a component of a larger product in use on or before October 1, 2018, if:
(1) The larger product is used in manufacturing;
(2) The larger product is used in a generating, transmission, or distributing facility for electric energy, gas, or water;
(3) The switch or relay is integrated with, and not physically separate from, other components of the larger product;
(4) The use of the switch or relay is required under federal law or regulation; or
(5) The manufacturer of the larger product has not approved for use in the larger product a switch or relay that does not contain mercury.
Violation of section; penalties
(c)(1) A person that violates this section is liable for a civil penalty to be collected in a civil action in the circuit court for any county in the State not exceeding:
(i) $1,000 for a first offense;
(ii) $2,500 for a second offense; or
(iii) $5,000 for a third or subsequent offense.
(2)(i) In addition to any other remedies available at law or in equity, after an opportunity for a hearing, the Department may impose a fine for each violation of this section, not exceeding:
1. $1,000 for a first offense;
2. $2,500 for a second offense; or
3. $5,000 for a third or subsequent offense.
(ii) The Department shall consider the following in assessing the fine in subparagraph (i) of this paragraph:
1. The willfulness of the violation;
2. The extent to which the violation was known, but uncorrected, by the violator;
3. The extent to which the violation resulted in actual harm to human health or the environment;
4. The nature and degree of injury to, or interference with, general welfare and health; and
5. The extent to which the current violation is part of a pattern of the same or a similar type of violation by the violator.
(3) Each day a violation continues is a separate offense under this section.

Credits

Added by Acts 2017, c. 808, § 2, eff. Oct. 1, 2017; Acts 2017, c. 809, § 2, eff. Oct. 1, 2017.
MD Code, Environment, § 6-905.3, MD ENVIR § 6-905.3
Current through legislation effective through April 25, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document