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Maryland Code, Environment § 6-905.3

Current as of January 01, 2025 | Updated by Findlaw Staff

(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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Cite this article: FindLaw.com - Maryland Code, Environment § 6-905.3 - last updated January 01, 2025 | https://codes.findlaw.com/md/environment/md-code-envir-sect-6-905-3/

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.

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