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This entry was published on 2014-09-22
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SECTION 27-2903
Mercury-containing thermostat collection
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 27, ARTICLE 27T29
* § 27-2903. Mercury-containing thermostat collection.

1. Each thermostat manufacturer shall, individually or collectively,
with other thermostat manufacturers, establish and maintain a program
for the collection, transportation, recycling, disposal and proper
management of out-of-service mercury thermostats in accordance with the
provisions of this section.

2. Each thermostat manufacturer shall, individually or collectively
with other thermostat manufacturers through a collection program, do the
following:

(a) On and after July first, two thousand fourteen, compile a list of
thermostat wholesalers in the state and offer each thermostat wholesaler
containers for the collection of out-of-service mercury thermostats.

(b) On and after July first, two thousand fourteen, make collection
containers available to all qualified contractors, thermostat
wholesalers, thermostat retailers, and qualified local government
authorities that request a container. Each thermostat manufacturer shall
with each container include information regarding the proper management
of out-of-service mercury thermostats.

(c) Establish a system to collect, transport, recycle, dispose and
properly manage out-of-service mercury thermostats from all collection
sites.

(d) Not include any fees or other charges to consumers or persons
participating in the program. Each thermostat wholesaler, qualified
contractor, qualified local government authority, or thermostat retailer
that is provided with one or more collection containers may be charged a
fee not to exceed twenty-six dollars to replace any collection container
that is misplaced, stolen or otherwise lost.

(e) Beginning July first, two thousand fourteen, conduct education and
outreach efforts, including, but not limited to the following:

(i) establish and maintain a public website for the dissemination of
educational materials to promote the collection of out-of-service
mercury thermostats. This website shall include templates of the
educational materials on the internet website in a form and format that
can be easily downloaded and printed. The link to this website shall be
provided to the department;

(ii) contact thermostat wholesalers at least once a year to encourage
their support and participation in educating customers on the importance
of statutory requirements for the collection and proper management of
out-of-service mercury thermostats;

(iii) create and maintain a web-based program that allows contractors
and consumers to identify collection sites for out-of-service mercury
thermostats in the state and provide a list of collection sites to the
department; and

(iv) develop informational articles, press releases, and news stories
pertaining to the importance of and opportunities for collecting and
recycling out-of-service mercury thermostats and distribute those
materials to trade publications, local media, and stakeholder groups.

(f) On or before July first, two thousand fourteen, develop and update
as necessary educational and other outreach materials for distribution
to contractors, contractor associations and consumers. These materials
shall be made available for use by participating thermostat wholesalers,
thermostat retailers, contractors, and qualified government authorities.
The materials shall include, but not be limited to, the following:

(i) signage, such as posters and cling signage, that can be
prominently displayed to promote the collection of out-of-service
mercury thermostats to contractors and consumers; and

(ii) written materials or templates of materials for reproduction by
thermostat wholesalers and thermostat retailers to be provided to
customers at the time of purchase or delivery of a thermostat. The
materials shall include, but not be limited to, information on the
importance of properly managing out-of-service mercury thermostats and
opportunities for the collection of these thermostats.

(g) Provide an opportunity for the department to review and offer
feedback and suggestions on the collection program.

3. The collection programs established by thermostat manufacturers
under this section shall be designed to achieve collectively the
following statewide goals:

(a) For calendar year two thousand fifteen, the collection of no less
than fifteen thousand five hundred out-of-service mercury thermostats;

(b) For calendar years two thousand sixteen through two thousand
twenty-three, the collection goals shall be established by the
department. The department shall establish collection goals no later
than October first, two thousand fifteen. The collection goals
established by the department shall achieve the maximum feasible number
of out-of-service mercury thermostats in the state. In developing the
collection goals, the department shall take into account, at a minimum,
(i) the effectiveness of collection programs for out-of-service mercury
thermostats in the state and other states, including education and
outreach efforts, (ii) collection requirements in other states,
including those states with the highest collection goals, (iii) any
reports or studies on the number of out-of-service mercury thermostats
that are available for collection in this state, other states, and
nationally, and (iv) other relevant factors. Prior to establishing the
collection goals, the department shall consult with stakeholder groups
that include, at a minimum, representatives of thermostat manufacturers,
environmental groups, municipal recyclers, thermostat wholesalers,
qualified contractors, and thermostat retailers.

(c) Thermostat manufacturers shall implement any collection program
revisions approved by the department within ninety days.

4. If the collection programs do not collectively achieve the
collection goals provided for in subdivision three of this section for
calendar year two thousand fifteen or any year thereafter the
department, after conducting stakeholder consultations, may require
modifications to one or more collection programs that the department
determines are necessary to achieve the collection goals. Modifications
required by the department may include improvements to outreach and
education conducted under the collection program, expansion of the
number and location of collection sites established under the program,
modification of the roles of participants, and a five dollar financial
incentive in the form of either cash or coupon offered by the
manufacturer to contractors and consumers for each out-of-service
mercury thermostat returned to a collection site.

5. No later than April first, two thousand fifteen, and no later than
April first of each year thereafter, each thermostat manufacturer shall,
individually or collectively with other thermostat manufacturers, submit
an annual report on its collection program to the department covering
the one-year period ending December thirty-first of the previous year.
Each report shall be posted on the manufacturer's or program operator's
respective internet website. The annual report shall include the
following:

(a) the number of out-of-service mercury thermostats collected and
managed under this section during the previous calendar year;

(b) the estimated total amount of mercury contained in the
out-of-service mercury thermostats collected under this section during
the previous calendar year;

(c) a list of all thermostat wholesalers, contractors, qualified local
government authorities, and thermostat retailers participating in the
program as mercury thermostat collection sites and the number of
out-of-service mercury thermostats returned by each;

(d) an accounting of the program's administrative costs;

(e) a description of outreach strategies employed under paragraph (e)
of subdivision two of this section;

(f) examples of outreach and educational materials used under
paragraph (e) of subdivision two of this section;

(g) the internet website address of addresses where the annual report
may be viewed online;

(h) a description of how the out-of-service mercury thermostats were
managed;

(i) any modifications that the thermostat manufacturer is planning to
make in its collection program; and

(j) the identification of a collection program contact and the
business phone number, mailing address, and e-mail address for the
contact.

6. All contractors, thermostat wholesalers, thermostat manufacturers,
and thermostat retailers participating in the program shall handle and
manage the out-of-service mercury thermostats in a manner that is
consistent with the requirements for the disposal of hazardous waste.

7. On and after July first, two thousand fourteen, no thermostat
wholesaler shall sell, offer to sell, distribute, or offer to distribute
thermostats unless the wholesaler participates as a collection site for
out-of-service mercury thermostats or requests and receives a waiver
from the department following a demonstration that such participation
would pose an undue burden.

* NB Repealed January 1, 2024