(1) |
Terms Used In Utah Code 19-6-1004- Person: means an individual, trust, firm, estate, company, corporation, partnership, association, state, state or federal agency or entity, municipality, commission, or political subdivision of a state. See Utah Code 19-1-103
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(a) |
Each manufacturer of any vehicle sold within this state, individually or in cooperation with other manufacturers, shall submit a plan, accompanied by a fee, to the director. |
(b) |
If the director disapproves a plan, the manufacturer shall submit an amended plan within 90 days. |
(c) |
A manufacturer shall submit an updated plan within 90 days of any change in the information required by Subsection (2). |
(d) |
The director may require the manufacturer to modify the plan at any time upon finding that an approved plan as implemented has failed to meet the requirements of this part. |
(e) |
If the manufacturer does not know or is uncertain about whether or not a switch contains mercury, the plan shall presume that the switch contains mercury. |
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(2) |
The plan shall include:
(a) |
the make, model, and year of any vehicle, including current and anticipated future production models, sold by the manufacturer that may contain one or more mercury switches; |
(b) |
the description and location of each mercury switch for each make, model, and year of vehicle; |
(c) |
education materials that include:
(i) |
safe and environmentally sound methods for mercury switch removal; and |
(ii) |
information about hazards related to mercury and the proper handling of mercury; |
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(d) |
a method for storage and disposal of the mercury switches, including packaging and shipping of mercury switches to an authorized recycling, storage, or disposal facility; |
(e) |
a procedure for the transfer of information among persons involved with the plan to comply with reporting requirements; and |
(f) |
a method to implement and finance the plan, which shall include the prompt reimbursement by the manufacturer of costs incurred by a person removing and collecting mercury switches. |
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(3) |
In order to ensure that the costs of removal and collection of mercury switches are not borne by any other person, the manufacturers of vehicles sold in the state shall pay:
(a) |
a minimum of $5 for each mercury switch removed by a person as partial compensation for the labor and other costs incurred in removing the mercury switch; |
(b) |
the cost of packaging necessary to store or transport mercury switches to recycling, storage, or disposal facilities; |
(c) |
the cost of shipping mercury switches to recycling, storage, or disposal facilities; |
(d) |
the cost of recycling, storage, or disposal of mercury switches; |
(e) |
the cost of the preparation and distribution of educational materials; and |
(f) |
the cost of maintaining all appropriate record-keeping systems. |
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(4) |
Manufacturers of vehicles sold within this state shall reimburse a person for each mercury switch removed and collected without regard to the date on which the mercury switch is removed and collected. |
(5) |
The manufacturer shall ensure that plan implementation occurs by July 1, 2007. |
Amended by Chapter 360, 2012 General Session