§ 66-424. Prohibited activities and transactions.

523 words·~2 min read·/nc/chapter-66/66-424

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)A secondary metals recycler shall not do any of the following:

(1)Operate any business that cashes checks at a fixed site at which the secondary metals recycler purchases regulated metals property.

(2)Purchase nonferrous metals for the purpose of recycling the nonferrous metals, unless the nonferrous metals purchaser possesses a valid permit.

(3)Purchase any central air conditioner evaporator coils or condensers, except that a secondary metals recycler may purchase these items from a company, contractor, or individual that is in the business of installing, replacing, maintaining, or removing these items.

(3a)Purchase any catalytic converters that are not attached to a vehicle, except that a secondary metals recycler may purchase these items from a person listed in G.S. 14-164.1.

(4)Purchase any regulated metals property that the secondary metals recycler knows or reasonably should know to be stolen.

(b)It shall be unlawful to transport or possess on highways of this State an amount of copper weighing in the aggregate more than 25 pounds, unless at least one of the following is true:

(1)The vehicle is used in the ordinary course of business for the purpose of transporting nonferrous metals. This term includes vehicles used by gas, electric, communications, water, plumbing, electrical, and climate conditioning service providers, and their employees, agents, and contractors, in the course of providing these services.

(2)The person transporting or possessing the copper possesses, and presents when requested, a valid bill of sale for the copper.

(3)A law enforcement officer determines that the copper is not stolen and is in the rightful possession of the person.

(c)A secondary metals recycler shall not purchase any of the following:

(1)Any regulated metal marked with the initials or other identification of a telephone, cable, electric, water, or other public utility, or any brewer.

(2)Any utility access cover.

(3)Any street light pole or fixture.

(4)Any road or bridge guard rail.

(5)Any highway or street sign.

(6)Any water meter cover.

(7)Any metal beer keg, including any made of stainless steel that is clearly marked as being the property of the beer manufacturer.

(8)Any traffic directional or control sign.

(9)Any traffic light signal.

(10)Any regulated metal marked with the name of a government entity.

(11)Any spikes, plates, or other railroad track components or signs, and any property owned by a railroad and marked and otherwise identified as such.

(12)Any historical marker or any grave marker or burial vase.

(d)It shall be unlawful for any person that is not a secondary metals recycler to purchase a used catalytic converter not attached to a vehicle.

(e)The provisions of this section do not apply to a used and detached catalytic converter that has been tested, certified, and labeled, or otherwise approved for reuse, and being bought or sold for purposes of reuse, in accordance with the federal Clean Air Act (42 U.S.C. § 7401 et seq.) and regulations under the Clean Air Act, as they may, from time to time, be amended. (2012-46, s. 28; 2021-154, s. 4; 2022-68, s. 1(c).)