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8-9-606. Removal and proper management of mercury-added vehicle components.
Arkansas Code — all titles (historical 2020) · legal_authorities
8-9-606. Removal and proper management of mercury-added vehicle components.
(a) Commencing thirty (30) days after the approval or conditional approval of a mercury minimization plan pursuant to § 8-9-605, a vehicle recycler that sells, gives, or otherwise conveys ownership of an end-of-life vehicle to a scrap recycling facility for recycling shall remove all mercury switches identified in the approved mercury minimization plan from the end-of-life vehicle prior to delivery to a scrap recycling facility, unless a mercury switch is inaccessible due to significant damage to the end-of-life vehicle in the area surrounding the location of the mercury switch, in which case the damage shall be noted on the normal business records of the vehicle recycler who delivered the end-of-life vehicle to the scrap recycling facility.
(b) Notwithstanding subsection (a) of this section, a scrap recycling facility may agree to accept an end-of-life vehicle containing mercury switches that has not been intentionally flattened, crushed, or baled, in which case the scrap recycling facility shall be responsible for removing the mercury switches identified in the mercury minimization plan approved pursuant to § 8-9-605 before the end-of-life vehicle is intentionally flattened, crushed, baled, or shredded.
(c)(1) A vehicle recycler or scrap recycling facility that removes mercury switches pursuant to subsection (a) or subsection (b) of this section shall maintain records documenting the number of:
(A) Mercury switches collected;
(B) End-of-life vehicles containing mercury switches;
(C) End-of-life vehicles processed for recycling;
(D) The makes and models of end-of-life vehicles from which mercury switches were removed; and
(E) Mercury switches collected from each make.
(2) Thes
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-9-606
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:8-9-606
Source file: gov.ar.code.title.08.odt
Pages: Not recorded – Not recorded
Passage SHA-256: ef00fc71c62571fa10b4b0859ce7c23a1564a62c0cd48d7ce59833321ec5ea3f
Source location: content.xml paragraph 10261
Stored source content
8-9-606. Removal and proper management of mercury-added vehicle components.
(a) Commencing thirty (30) days after the approval or conditional approval of a mercury minimization plan pursuant to § 8-9-605, a vehicle recycler that sells, gives, or otherwise conveys ownership of an end-of-life vehicle to a scrap recycling facility for recycling shall remove all mercury switches identified in the approved mercury minimization plan from the end-of-life vehicle prior to delivery to a scrap recycling facility, unless a mercury switch is inaccessible due to significant damage to the end-of-life vehicle in the area surrounding the location of the mercury switch, in which case the damage shall be noted on the normal business records of the vehicle recycler who delivered the end-of-life vehicle to the scrap recycling facility.
(b) Notwithstanding subsection (a) of this section, a scrap recycling facility may agree to accept an end-of-life vehicle containing mercury switches that has not been intentionally flattened, crushed, or baled, in which case the scrap recycling facility shall be responsible for removing the mercury switches identified in the mercury minimization plan approved pursuant to § 8-9-605 before the end-of-life vehicle is intentionally flattened, crushed, baled, or shredded.
(c)(1) A vehicle recycler or scrap recycling facility that removes mercury switches pursuant to subsection (a) or subsection (b) of this section shall maintain records documenting the number of:
(A) Mercury switches collected;
(B) End-of-life vehicles containing mercury switches;
(C) End-of-life vehicles processed for recycling;
(D) The makes and models of end-of-life vehicles from which mercury switches were removed; and
(E) Mercury switches collected from each make.
(2) These records shall be made available for review by the Division of Environmental Quality upon the request of the division.
(d) No person shall represent that mercury switches have been removed from an end-of-life vehicle being sold, given, or otherwise conveyed for recycling if that person has not removed the mercury switches or arranged with another person to remove the mercury switches.
(e) Upon removal, mercury switches shall be collected, stored, transported, and otherwise handled in accordance with the:
(1) Mercury minimization plan approved pursuant to § 8-9-605; and
(2) Provisions of the rules concerning universal waste adopted by the division pursuant to the Arkansas Hazardous Waste Management Act of 1979, § 8-7-201 et seq.
(f) No scrap recycling facility or other person that receives an intentionally flattened, crushed, or baled end-of-life vehicle shall be in violation of this subchapter if a mercury switch is found in the end-of-life vehicle after its acquisition.
Cross-references
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Arkansas Code — all titles (historical 2020) · legal_authorities
8-7-201. Title.
This subchapter may be cited as the “Arkansas Hazardous Waste Management Act of 1979”.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-7-201
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 8-7-201. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
8-9-605. Plan approval and implementation.
(a)(1) Within one hundred twenty (120) days after receipt of a mercury minimization plan, the Director of the Arkansas Department of Environmental Quality, now the Director of the Division of Environmental Quality, shall approve, disapprove, or conditionally approve the entire mercury minimization plan. The director may solicit input from representatives of vehicle recyclers, scrap recycling facilities, and other stakeholders as the director deems appropriate.
(2)(A) If the entire mercury minimization plan is approved, the manufacturer shall begin implementation within thirty (30) days after receipt of approval or as otherwise agreed to by the director.
(B) If the entire mercury minimization plan is disapproved, the director shall inform the manufacturer as to the reasons for the disapproval. The manufacturer shall have thirty (30) days thereafter to submit a new mercury minimization plan.
(3)(A) The director may approve those parts of a mercury minimization plan that meet the requirements of § 8-9-604 and disapprove the parts that do not comply with the requirements of § 8-9-604.
(B) The manufacturer shall implement the approved parts of the mercury minimization plan within thirty (30) days after receipt of approval or as otherwise agreed to by the director and submit a revised mercury minimization plan for the disapproved parts within thirty (30) days after receipt of notification of the disapproval of the director.
(C) The director shall review and approve, conditionally approve, or disapprove a revised mercury minimization plan within thirty (30) days after receipt.
(4)(A) If at the conclusion of the time period of one hundred twenty (120) days after receipt of a mercury minimization plan the director has neit
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-9-605
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 8-9-605. This identifies an authority to review, not proof of applicability.