Ch. 305

LAWS OF MARYLAND

(2) AN INDEPENDENT MARINE MAINTENANCE CONTRACTOR WHO
ENGAGES IN ANY OF THE ACTIVITIES UNDER PARAGRAPH (1) OF THIS
SUBSECTION.

(E)   "TRIBUTYLTIN COMPOUND" MEANS ANY ORGANOTIN COMPOUND
THAT HAS 3 NORMAL BUTYL GROUPS ATTACHED TO A TIN ATOM AND WITH OR
WITHOUT AN ANION, SUCH AS CHLORIDE, FLUORIDE, OR OXIDE.

(F)  (1) "VESSEL" MEANS A WATERCRAFT OR OTHER CONTRIVANCE
USED AS A MEANS OF TRANSPORTATION ON WATER, WHETHER
SELF-PROPELLED OR OTHERWISE.

(2) "VESSEL" INCLUDES BARGES AND TUGS.

14-102. 5-902.

(A) (1) EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS
SECTION, A PERSON MAY NOT DISTRIBUTE, POSSESS, SELL, OFFER FOR
SALE, USE, OR OFFER FOR USE ANY ANTIFOULING PAINT CONTAINING A
TRIBUTYLTIN COMPOUND.

(2) A PERSON MAY NOT DISTRIBUTE, POSSESS, SELL, OFFER
FOR SALE, USE, OR OFFER FOR USE ANY SUBSTANCE THAT CONTAINS A
TRIBUTYLTIN COMPOUND IN CONCENTRATED FORM AND THAT IS LABELED FOR
MIXING WITH PAINT BY THE USER TO PRODUCE AN ANTIFOULING PAINT FOR
USE ON A VESSEL.----------

(B)(1) A PERSON MAY DISTRIBUTE OR SELL AN ANTIFOULING
PAINT CONTAINING A TRIBUTYLTIN COMPOUND WITH AN ACCEPTABLE
RELEASE RATE TO THE OWNER OR AGENT OF A COMMERCIAL BOATYARD.

(2) THE OWNER OR AGENT OF A COMMERCIAL BOATYARD MAY
POSSESS AND APPLY OR PURCHASE FOR APPLICATION AN ANTIFOULING
PAINT CONTAINING TRIBUTYLTIN WITH AN ACCEPTABLE RELEASE RATE, IF
THE ANTIFOULING PAINT:

(I)   IS APPLIED ONLY WITHIN A COMMERCIAL
BOATYARD; AND

(II)   IS APPLIED ONLY TO VESSELS EXCEEDING 25
METERS IN LENGTH OR THAT HAVE ALUMINUM HULLS.

(C) THIS SECTION DOES NOT PROHIBIT THE SALE, USE,
DISTRIBUTION, OR POSSESSION OF AN ANTIFOULING PAINT CONTAINING A
TRIBUTYLTIN COMPOUND, IF THE ANTIFOULING PAINT:

(1)  IS IN A SPRAY CAN OF 16 OUNCES OR LESS;

(2)   IS COMMONLY REFERRED TO AS AN OUTBOARD OR LOWER
DRIVE UNIT PAINT; AND

(3)  HAS AN ACCEPTABLE RELEASE RATE.

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