{"data":{"id":"us-md/md.-code-environment-6-905.3","jurisdiction":"us-md","citation":"Md. Code, Environment § 6–905.3","heading":"","body":"(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:\n(1) An electric switch containing mercury;\n(2) An electric relay containing mercury; or\n(3) A gas valve switch containing mercury.\n(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:\n(1) The larger product is used in manufacturing;\n(2) The larger product is used in a generating, transmission, or distributing facility for electric energy, gas, or water;\n(3) The switch or relay is integrated with, and not physically separate from, other components of the larger product;\n(4) The use of the switch or relay is required under federal law or regulation; or\n(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.\n(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:\n(i) $1,000 for a first offense;\n(ii) $2,500 for a second offense; or\n(iii) $5,000 for a third or subsequent offense.\n(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:\n1. $1,000 for a first offense;\n2. $2,500 for a second offense; or\n3. $5,000 for a third or subsequent offense.\n(ii) The Department shall consider the following in assessing the fine in subparagraph (i) of this paragraph:\n1. The willfulness of the violation;\n2. The extent to which the violation was known, but uncorrected, by the violator;\n3. The extent to which the violation resulted in actual harm to human health or the environment;\n4. The nature and degree of injury to, or interference with, general welfare and health; and\n5. The extent to which the current violation is part of a pattern of the same or a similar type of violation by the violator.\n(3) Each day a violation continues is a separate offense under this section.","path":["Article - Environment"],"source_url":"https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gen\u0026section=6-905.3","current_through":"2026-01-01","vintage":"","retrieved_at":"2026-09-14T19:57:58Z","sha256":"9077fc474d2b8aaf7969eb79dc37746819fd5f0567443d5dd43bbf219dff154c","source_id":"us-md","stale":false,"prev":"us-md/md.-code-environment-6-905.2","next":"us-md/md.-code-environment-6-905.4"},"notice":"GroundRules: Original legal text. Not legal advice."}