CHAPTER 640
H.P. 1407 - L.D. 1901
An Act To Protect Health and the Environment by Improving the System for the Collection and Recovery of Mercury-added Thermostats
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 38 MRSA §1664, sub-§2, as enacted by PL 1999, c. 779, §2, is repealed and the following enacted in its place:
2. Thermostats. The following provisions apply to thermostats that contain mercury.
A. A manufacturer of thermostats that contain mercury or a manufacturer of thermostats that may replace thermostats that contain mercury shall, in addition to meeting the requirements under section 1662, provide incentives and sufficient information to purchasers and consumers of the thermostats for the purchasers or consumers to ensure that mercury in thermostats being removed from service is reused, recycled or otherwise managed in compliance with section 1663. A manufacturer that has complied with this subsection is not liable for improper disposal by purchasers or consumers of thermostats. Manufacturer collection programs conducted in accordance with universal waste rules adopted by the department meet the requirements of this subsection.
B. A wholesaler may not sell a thermostat in the State unless the wholesaler acts as a collection site for thermostats that contain mercury.
(1) A wholesaler may meet the requirements of this paragraph by participating as a collection site in a manufacturer collection program as described under paragraph A or by collecting thermostats that contain mercury and disposing of the collected thermostats in accordance with universal waste rules adopted by the department.
(2) For purposes of this paragraph, "wholesaler" means a business that the department determines is primarily engaged in the distribution and wholesale selling of large quantities of heating, ventilation and air conditioning components to contractors who install heating, ventilation and air conditioning components.
Effective July 30, 2004, unless otherwise indicated.
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