(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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