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Statutes Text

Article - Environment




§6–905.3.

    (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.

    (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.

    (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.



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