Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 74.00 - Removal And Recycling Of Mercury-added Components In Vehicles › Section 74.02 - Definitions

Current through Register 1525, July 5, 2024
The definitions found in 310 CMR 74.02 apply and are limited to
				310 CMR 74.00.
Automobile Dealer or Vehicle Dealer
means any person who, in the ordinary course of his business, is engaged in the
				business of selling motor vehicles to consumers or other end users pursuant to
				a franchise agreement and who is required to obtain a Class 1 or Class 2
				license pursuant to the provisions of M.G.L. c. 140,§§ 58 and
				59.
Automobile Manufacturer or Vehicle
				Manufacturer
means any person, firm, association, partnership,
				corporation, governmental entity, organization, combination or joint venture
				which is last in the production or assembly process of a new vehicle that uses
				mercury-added components, or in the case of an imported vehicle, the importer
				or domestic distributor of the vehicle; however, if a company from whom an
				importer or domestic distributor purchases the merchandise has a U.S. presence
				or assets, that company shall be considered to be the manufacturer and the
				distributor as defined in M.G.L. c. 93B shall not be considered to be the
				manufacturer.
Department
means the Massachusetts
				Department of Environmental Protection.
End-of-life Vehicle
means any vehicle,
				which is sold, given, or otherwise conveyed to a vehicle recycler or scrap
				recycling facility for the purpose of dismantling, recycling or
				disposal.
Mercury-added Component
means a
				component that contains mercury, including but not limited to a mercury-added
				vehicle switch, mercury high intensity discharge (HID) headlamp, or fluorescent
				lamps.
Mercury-added Vehicle Switch
means a
				mercury-added component installed in a motor vehicle that opens or closes an
				electrical circuit or gas valve, including, but not limited to, those used in
				light switches and antilock braking systems.
Motor Vehicle
(See "Vehicle").
Person
means any natural or corporate
				person, whether public or private, including corporations, societies,
				associations and partnerships and bodies politic and corporate, public
				agencies, authorities, departments, offices and political subdivisions of the
				Commonwealth of Massachusetts.
Scrap Recycling Facility
means a
				facility, location, device or unit, including, but not limited to, scrap
				recyclers and vehicle shredders, where machinery and equipment are used for
				processing and manufacturing scrap metal into prepared grades and whose
				principal product is scrap iron, scrap steel or nonferrous metallic scrap for
				sale for remelting purposes.
Vehicle or Motor Vehicle
means a
				vehicle propelled by an internal combustion engine or an electric motor, such
				as an automobile, van, truck, motorized construction equipment, motorized
				recreational vehicle, motorcycle or forklift.
Vehicle in Commerce
means any vehicle
				offered for sale by a vehicle dealer, or duly registered in Massachusetts or in
				the United States to be operated on public roads and highways.
Vehicle Recycler
means any individual
				or entity engaged in the business of acquiring, dismantling, crushing
				(including partial crushing) or destroying six or more vehicles in a calendar
				year for the primary purpose of reselling their parts. For the purposes of
				310 CMR 74.00, an individual
				or entity owning or operating a mobile or stationary crushing unit is
				considered a vehicle recycler.