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USA Statutes : maine
Title : Title 38. WATERS AND NAVIGATION
Chapter : Chapter 16-B. MERCURY-ADDED PRODUCTS AND SERVICES (HEADING. PL 1999, c. 779, @2 (new))
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Title 38 - §1661-A. Notification
Title 38: WATERS AND NAVIGATION
Chapter 16-B: MERCURY-ADDED PRODUCTS AND SERVICES (HEADING: PL 1999, c. 779, @2 (new))
§1661-A. Notification
1. Prior written notice required. Effective January 1, 2002, a product to which mercury is intentionally added during formulation or manufacture, or a product
containing one or more components to which mercury is intentionally added during formulation or manufacture, may not be offered
for final sale or use or distributed for promotional purposes in the State unless the manufacturer of the product or product
component or a trade association representing manufacturers of the product or component has provided written notice to the
department in accordance with this section. The requirements of this section do not apply to drugs approved by the United
States Food and Drug Administration. The notice must include the following information on a form provided by the department
or the clearinghouse under section 1671:
A. A brief description of the product or product component;
[2001, c. 373, §3 (new).]
B. The purpose for which mercury is used in the product or product component;
[2001, c. 373, §3 (new).]
C. The amount of mercury in each unit of the product or product component, reported as an exact number, as an average per product
or component with an upper or lower limit or as falling within a range approved by the department;
[2001, c. 373, §3 (new).]
D. The total amount of mercury in all units of the product or product components sold in the United States during the most
recent calendar year for which sales figures are available, reported either for the units or components sold by the manufacturer
or as aggregated by a manufacturer trade association for all units of the product or components made by the industry; and
[2001, c. 373, §3 (new).]
E. The name and address of the manufacturer, and the name, address and phone number of a contact person for the manufacturer.
[2001, c. 373, §3 (new).]
[2001, c. 373, §3 (new).]
2. Exemption. A mercury-added product or product component for which federal law governs notice in a manner that preempts state authority
is exempt from the requirements of this section.
[2001, c. 373, §3 (new).]
3. Product category information. With the approval of the department, the manufacturer may supply the information required in subsection 1 for a product
category rather than an individual product. The manufacturer shall update and revise the information in the notification
whenever there is significant change in the information or when requested by the department. The information required under
subsection 1, paragraph D must be updated and provided to the department every 3 years.
[2001, c. 373, §3 (new).]
4. Confidentiality. Information submitted to the department pursuant to this section may be kept confidential as provided under sections 1310-B
and 1671.
[2001, c. 373, §3 (new).]
5. Product components. Notwithstanding subsection 1, paragraph C, the manufacturer of a product containing one or more mercury-added components
is not required to include information on the amount of mercury in the component in the notice to the department if the component
manufacturer has provided that information to the department and the manufacturer of the product that contains the component
identifies the component and component manufacturer in the notice.
[2001, c. 626, §20 (amd).]
div>
An importer of the product or product component from a foreign country may not sell, use or distribute the product or product
component in the State unless the manufacturer of the product or product component is in compliance with this section, except
that this prohibition does not apply to retailers for whom importing is not a primary business.
[2001, c. 373, §3 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 38 - §1661-B. Disclosure for mercury-containing products used in hospitals
Title 38: WATERS AND NAVIGATION
Chapter 16-B: MERCURY-ADDED PRODUCTS AND SERVICES (HEADING: PL 1999, c. 779, @2 (new))
§1661-B. Disclosure for mercury-containing products used in hospitals
Effective January 1, 2002, the manufacturer of a formulated product that contains mercury or a mercury compound from any source
or cause, whether intended or unintended, and that is offered for sale or use to a hospital in the State must provide, upon
request of the hospital, a certificate of analysis documenting the mercury content of the product unless the concentration
is less than 200 parts per 1,000,000,000,000. The certificate must be based on representative samples of the product as determined
in consultation with the hospital and, at a minimum, an annual analysis of the product. The hospital shall provide a copy
of the certificate to the department upon request. For the purpose of this section, a "formulated product" means a consistent
mixture of chemicals, including, but not limited to, acids, alkalis, laboratory chemicals, bleach and other products used
for cleaning or disinfection, pharmaceuticals, stains, reagents, preservatives, fixatives, buffers and dyes.
[2001, c. 373, §3 (new).]
div>
The requirements of this section do not apply to drugs approved by the United States Food and Drug Administration.
[2001, c. 373, §3 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 38 - §1661-C. Restrictions on sale and use of mercury
Title 38: WATERS AND NAVIGATION
Chapter 16-B: MERCURY-ADDED PRODUCTS AND SERVICES (HEADING: PL 1999, c. 779, @2 (new))
§1661-C. Restrictions on sale and use of mercury
1. Fever thermometers. Effective January 1, 2002, a person may not sell or supply a mercury fever thermometer to consumers and patients, except
by prescription. With each mercury fever thermometer sold by prescription, the manufacturer shall supply clear instructions
on the careful handling of the thermometer to avoid breakage and on proper cleanup should breakage occur. For purposes of
this subsection, a "mercury fever thermometer" means a thermometer that contains mercury for the purpose of measuring body
temperature, but does not include a thermometer containing mercury solely within a button-cell battery.
[2001, c. 373, §3 (new).]
2. Manometers. Effective January 1, 2002, a mercury-containing manometer of the type used in milking machines on dairy farms may not be
sold or offered for sale, or distributed for promotional purposes in the State. Manufacturers of such manometers shall notify
wholesalers and retailers about this ban and shall instruct them on how to properly dispose of the remaining inventory. The
department, in consultation with the Department of Agriculture, Food and Rural Resources, shall conduct a program to collect
and replace mercury-containing manometers already in use on dairy farms in the State.
[2001, c. 373, §3 (new).]
3. Schools. Effective January 1, 2002, bulk elemental or chemical mercury or mercury compounds may not be sold for use in a primary
or secondary classroom in the State. Manufacturers of such materials shall notify wholesalers and retailers about this ban
and shall instruct them on how to properly dispose of the remaining inventory. Mercury-added products used by schools are
not subject to this ban.
[2001, c. 373, §3 (new).]
4. Elemental mercury. Effective January 1, 2002, a person may not sell or provide elemental mercury to another person except for manufacturing
or recycling purposes without providing that person with a material safety data sheet, as defined in 42 United States Code,
Section 11049, and without requiring the purchaser or recipient to sign a statement that the purchaser or recipient:
A. Will use the mercury only for medical, dental amalgam dispose-caps or research purposes;
[2003, c. 551, §18 (amd).]
B. Understands that mercury is toxic and that the purchaser will store and use it appropriately so that no person is exposed
to the mercury; and
[2001, c. 373, §3 (new).]
C. Will not place or allow anyone under the purchaser's control to place or cause to be placed the mercury in solid waste for
disposal or in a wastewater treatment and disposal system.
[2001, c. 373, §3 (new).]
[2003, c. 551, §18 (amd).]
5. Mercury-added thermostats. After January 1, 2006, a person may not sell or offer to sell or distribute for promotional purposes a mercury-added thermostat
except for a thermostat used by a blind or visually impaired person. A manufacturer of mercury-added thermostats may apply
to the commissioner prior to January 1, 2003 for an exemption from the provisions of this subsection for one or more specific
uses of a mercury-added thermostat. The Commissioner of Environmental Protection may grant an exemption with or without conditions
upon finding that:
A. The manufacturer has demonstrated that a system exists for the proper collection, transportation and processing of the mercury-added
thermostat at the end of its life; and
[2001, c. 620, §1 (new).]
B. The specific use or uses of the mercury-added thermostat provide a net benefit to the environment, public health or public
safety when compared to available nonmercury alternatives.
[2001, c. 620, §1 (new).]
For the purposes of this subsection, a "mercury-added thermostat" means a product or device that uses a mercury switch to
sense and control room temperature through communication with heating, ventilating or air-conditioning equipment. "Mercury-added
thermostat" includes thermostats used to sense and control room temperature in residential, commercial, industrial and other
buildings but does not include a thermostat used to sense and control temperature as part of a manufacturing process.
[2003, c. 221, §3 (amd).]
6. Instruments and measuring devices. Effective July 1, 2006, a person may not sell or offer to sell or distribute the following mercury-added products:
A. A barometer;
[2003, c. 221, §4 (new).]
B. An esophageal dilator, bougie tube or gastrointestinal tube;
[2003, c. 221, §4 (new).]
C. A flow meter;
[2003, c. 221, §4 (new).]
D. A hydrometer;
[2003, c. 221, §4 (new).]
E. A hygrometer or psychrometer;
[2003, c. 221, §4 (new).]
F. A manometer other than a manometer prohibited from sale under subsection 2;
[2003, c. 221, §4 (new).]
G. A pyrometer;
[2003, c. 221, §4 (new).]
H. A sphygmomanometer; or
[2003, c. 221, §4 (new).]
I. A thermometer other than a thermometer prohibited from sale under subsection 1.
[2003, c. 221, §4 (new).]
This subsection does not apply to the sale of a mercury-added product listed in paragraphs A to I if use of the product is
a federal requirement or if the only mercury-added component in the product is a button cell battery.
[2003, c. 221, §4 (new).]
7. Mercury switches and relays. Effective July 1, 2006, a person may not sell or offer to sell or distribute a mercury switch or mercury relay individually
or as a product component. This prohibition does not apply if the switch or relay is used to replace a switch or relay that
is a component in a larger product in use prior to July 1, 2006 and one of the following applies:
A. The larger product is used in manufacturing; or
[2003, c. 221, §4 (new).]
B. The switch or relay is integrated and not physically separate from other components of the larger product.
[2003, c. 221, §4 (new).]
This subsection does not apply to the sale of a mercury switch or mercury relay if use of the switch or relay is a federal
requirement.
[2003, c. 221, §4 (new).]
8. Exemptions. Subsections 6 and 7 do not apply to the sale of a mercury-added product for which an exemption is obtained under this subsection.
The manufacturer or user of the product may apply for an exemption by filing a written petition with the commissioner. The
commissioner may grant an exemption with or without conditions upon finding that:
A. The exemption is requested because the mercury-added product is required to meet specific advanced technology product specifications
identified by the customer or end user of the product; or
[2003, c. 221, §4 (new).]
B. The mercury-added product is reasonable and appropriate for a specific use. In this situation, the petitioner must demonstrate
that:
(1) A system exists for the proper collection, transportation and processing of the product at the end of its life; and
(2) One of the following applies:
(a) Use of the product provides a net benefit to the environment, public health or public safety when compared to available
nonmercury alternatives; or
(b) Technically feasible nonmercury alternatives are not available at comparable cost.
[2003, c. 221, §4 (new).]
Prior to approving an exemption, the commissioner may consult with neighboring states, by means of the interstate clearinghouse
under section 1671 or otherwise, to promote consistency in the way in which mercury-added products are regulated. The commissioner
may request individuals receiving an exemption to maintain records and provide reasonable reports to the department that characterize
mercury use. Exemptions may be granted for a term not to exceed 5 years and may be renewed upon written application if the
commissioner finds that the mercury-added product continues to meet the criteria of this subsection and the manufacturer or
other persons comply with the conditions of its original approval. The board shall adopt rules for processing exemption applications
that provide for public participation, taking into account the role of the interstate clearinghouse. Rules adopted under
this subsection are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A.
[2003, c. 221, §4 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 38 - §1661. Definitions
Title 38: WATERS AND NAVIGATION
Chapter 16-B: MERCURY-ADDED PRODUCTS AND SERVICES (HEADING: PL 1999, c. 779, @2 (new))
§1661. Definitions
For the purposes of this chapter, unless the context otherwise indicates, the following terms have the following meanings.
[2001, c. 656, §1 (new).]
1. Mercury-added product. "Mercury-added product" means any of the following items if it contains mercury added during manufacture:
A. A thermostat or thermometer;
[2001, c. 656, §1 (rpr).]
B. A switch or other device, individually or as part of another product, used to measure, control or regulate gas, other fluids
or electricity;
[2001, c. 656, §1 (rpr).]
C. A medical or scientific instrument;
[2001, c. 656, §1 (rpr).]
D. An electric relay or other electrical device; and
[2001, c. 656, §1 (rpr).]
E. A lamp.
[2001, c. 656, §1 (rpr).]
[2001, c. 656, §1 (rpr).]
1-A. Amalgam separator system. "Amalgam separator system" means a device that removes dental amalgam from the waste stream prior to its discharge into
either the local public wastewater system or a private septic system located at the dental facility and that meets a minimum
removal efficiency of 95% if installed prior to March 20, 2003 or 98% if installed on or after March 20, 2003, as determined
through testing in accordance with standards contained in "ISO 11143, Dental Equipment - Amalgam Separators," published by
the International Organization for Standardization, in effect on the date the system is installed.
[2003, c. 301, §1 (new).]
1-B. Dental amalgam. "Dental amalgam" means a mixture of silver and mercury used to restore dental integrity.
[2003, c. 301, §1 (new).]
2. Mercury headlamp. "Mercury headlamp" is a mercury-added lamp that is mounted on the front of a motor vehicle to illuminate the roadway.
[2001, c. 656, §1 (new).]
3. Mercury light switch. "Mercury light switch" means a mercury switch used for the purpose of turning a light bulb or lamp on and off.
[2001, c. 656, §1 (new).]
3-A. Mercury relay. "Mercury relay" means a mercury-added product or device that opens or closes electrical contacts to effect the operation
of other devices in the same or another electrical circuit. "Mercury relay" includes mercury displacement relays, mercury
wetted reed relays and mercury contact relays.
[2003, c. 221, §1 (new).]
4. Mercury switch. "Mercury switch" means a mercury-added product or device that opens or closes an electrical circuit or gas valve. "Mercury
switch" includes mercury float switches actuated by rising or falling liquid levels, mercury tilt switches actuated by a change
in the switch position, mercury pressure switches actuated by a change in pressure, mercury temperature switches actuated
by a change in temperature and mercury flame sensors. "Mercury switch" does not include a mercury-added thermostat.
[2003, c. 221, §2 (rpr).]
5. Motor vehicle component. "Motor vehicle component" means a mercury-added product that is a component in a motor vehicle. "Motor vehicle component"
includes, but is not limited to, a mercury headlamp, a mercury light switch and a mercury switch in antilock braking systems.
[2001, c. 656, §1 (new).]
6. Scrap recycling facility. "Scrap recycling facility" means a fixed location where machinery and equipment are used to process and manufacture scrap
metal into prepared grades and whose principal product is scrap iron, scrap steel or nonferrous metallic scrap for sale for
remelting purposes.
[2005, c. 148, §2 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 38 - §1662. Labeling and consumer information
Title 38: WATERS AND NAVIGATION
Chapter 16-B: MERCURY-ADDED PRODUCTS AND SERVICES (HEADING: PL 1999, c. 779, @2 (new))
§1662. Labeling and consumer information
1. Labeling required for certain products. Effective January 1, 2002, a manufacturer may not sell at retail in this State or to a retailer in this State, and a retailer
may not knowingly sell, a mercury-added product unless the item is labeled pursuant to this subsection. The label must clearly
inform the purchaser or consumer that mercury is present in the item and that the item may not be disposed of or placed in
a waste stream destined for disposal until the mercury is removed and reused, recycled or otherwise managed to ensure that
it does not become part of solid waste or wastewater. Manufacturers shall affix to mercury-added products labels that conform
to the requirements of this subsection.
The board shall adopt rules to establish standards for affixing labels to the product and product package. The rules must
strive for consistency with labeling programs in other states and provide for approval of alternative compliance plans by
the department. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter
2-A.
This subsection applies to mercury-added lamps effective January 1, 2006, except that it does not apply to products containing
mercury-added lamps. The manufacturer of a mercury-added lamp is in compliance with this subsection if the manufacturer labels
all mercury-added lamps sold in this State in compliance with similar requirements adopted by another state.
[2005, c. 148, §3 (amd).]
2. Mercury-added lamps; large use applications. A person who sells mercury-added lamps to the owner or manager of an industrial, commercial or office building or to any
person who replaces or removes from service outdoor lamps that contain mercury shall clearly inform the purchaser in writing
on the invoice for the lamps or in a separate document that the lamps contain mercury, a hazardous substance that is regulated
by federal and state law, and that they may not be placed in solid waste destined for disposal. Retail establishments that
incidentally sell mercury-added lamps to the specified purchasers are exempt from the requirements of this subsection.
A person who contracts with the owner or manager of an industrial, commercial or office building or with a person responsible
for outdoor lighting to remove from service mercury-added lamps shall clearly inform in writing the person for whom the work
is being done that the lamps being removed from service contain mercury and what the contractor's arrangements are for the
management of the mercury in the removed lamps.
[1999, c. 779, §2 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 38 - §1663. Disposal ban
Title 38: WATERS AND NAVIGATION
Chapter 16-B: MERCURY-ADDED PRODUCTS AND SERVICES (HEADING: PL 1999, c. 779, @2 (new))
§1663. Disposal ban
After July 15, 2002, a person may not knowingly place a mercury-added product in solid waste for disposal in a solid waste
disposal facility. This section may not be construed to affect existing laws, rules or regulations governing disposal of
mercury-added products prior to July 15, 2002.
[1999, c. 779, §2 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 38 - §1664. Source separation
Title 38: WATERS AND NAVIGATION
Chapter 16-B: MERCURY-ADDED PRODUCTS AND SERVICES (HEADING: PL 1999, c. 779, @2 (new))
§1664. Source separation
1. Removal from service; products containing mercury. When a mercury-added product is removed from service, the mercury in the item must be reused, recycled or otherwise managed
to ensure compliance with section 1663.
A person who is in the business of replacing or repairing a mercury-added product in households shall ensure, or deliver the
item to a facility that will ensure, that the mercury contained in an item that is replaced or repaired is reused, recycled
or otherwise managed in compliance with section 1663.
[1999, c. 779, §2 (new).]
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.
[2003, c. 640, §1 (new).]
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.
[2003, c. 640, §1 (new).]
[2003, c. 640, §1 (rpr).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 38 - §1665-A. Motor vehicle components
Title 38: WATERS AND NAVIGATION
Chapter 16-B: MERCURY-ADDED PRODUCTS AND SERVICES (HEADING: PL 1999, c. 779, @2 (new))
§1665-A. Motor vehicle components
Notwithstanding sections 1663 and 1664, this section applies to a mercury-added product that is a motor vehicle component.
[2001, c. 656, §3 (new).]
1. Prohibition on sale of new motor vehicles with mercury switches. A person may not sell a motor vehicle manufactured on or after January 1, 2003 if it contains a mercury switch. A motor
vehicle manufacturer may apply to the commissioner for an exemption from this prohibition. The commissioner may grant an
exemption upon finding that:
A. The manufacturer has provided assurance that a system exists for the proper removal and recycling of the mercury switch;
and
[2001, c. 656, §3 (new).]
B. Either of the following applies:
(1) Use of the mercury switch is necessary to protect public health or safety; or
(2) There are no technically feasible alternatives to the mercury switch at comparable cost.
[2001, c. 656, §3 (new).]
[2001, c. 656, §3 (new).]
2. Prohibition on replacement mercury light switches. Effective January 1, 2003, a person may not sell or distribute a mercury light switch for installation in a motor vehicle.
[2001, c. 656, §3 (new).]
3. Removal of certain mercury components when vehicle use ends. A person may not flatten, crush or bale a motor vehicle for the purpose of sending it to a scrap recycling facility, or
arrange for a motor vehicle to be flattened, baled or crushed for that purpose, without first removing all mercury switches
and mercury headlamps, except that a scrap recycling facility may agree to accept a motor vehicle that has not been flattened,
crushed or baled. If a scrap recycling facility accepts such a motor vehicle, the scrap recycling facility is responsible
for removing the mercury switches and mercury headlamps before the vehicle is flattened, crushed, baled or shredded. Upon
removal, the components must be collected, stored, transported and otherwise handled in accordance with the universal waste
rules adopted by the board under subsection 8.
[2005, c. 148, §4 (rpr).]
4. Voluntary removal of mercury light switches prior to end of vehicle use. A motor vehicle dealer or any person engaged in motor vehicle repair or maintenance may participate in the mercury light
switch removal and collection effort pursuant to subsection 5, as long as the person notifies the department before commencing
removal and receives such training as may be required by the department. Any person who removes a mercury light switch from
a motor vehicle before the motor vehicle is removed from service shall affix an official sticker to the motor vehicle to indicate
that the switch has been removed. The stickers may be obtained from the department and must be affixed to the doorpost or
other location specified by the department. A person may not install a mercury light switch into a motor vehicle to which
the sticker is affixed.
[2001, c. 656, §3 (new).]
5. Motor vehicle manufacturer responsibility. Manufacturers of motor vehicles sold in this State that contain mercury switches or mercury headlamps shall, individually
or collectively, do the following:
A. By January 1, 2003, establish and maintain consolidation facilities geographically located to serve all areas of the State
to which mercury switches removed pursuant to this section may be transported by the persons performing the removal. A consolidation
facility may not be a facility that is licensed in the State as a new or used automobile dealership;
[2001, c. 656, §3 (new).]
B. Pay a minimum of $3 for each mercury switch brought to the consolidation facilities as partial compensation for the removal,
storage and transport of the switches and a minimum of $4 if the vehicle identification number of the source vehicle must
be provided to receive this payment;
[2005, c. 148, §5 (amd).]
C. Ensure that mercury switches redeemed at the consolidation centers are managed in accordance with the universal waste rules
adopted by the board under subsection 8; and
[2001, c. 656, §3 (new).]
D. Provide the department and persons who remove motor vehicle components under this section with information, training and
other technical assistance required to facilitate removal and recycling of the components in accordance with the universal
waste rules adopted by the board under subsection 8, including, but not limited to, information identifying the motor vehicle
models that contain or may contain mercury switches or mercury headlamps.
[2001, c. 656, §3 (new).]
The goal of this collection and recycling effort is to collect and recycle at least 90 pounds of mercury per year from mercury
switches removed from motor vehicles. By September 30, 2002, motor vehicle manufacturers shall provide the department with
a plan as to how they intend to comply with the requirements of this subsection.
In complying with the requirements of this subsection, manufacturers of motor vehicles shall establish a system that does
not require a person who removes a mercury switch to segregate switches separately according to each manufacturer of motor
vehicles from which the switches are removed.
[2005, c. 148, §5 (amd).]
6. Department responsibility. The department shall:
A. Assist those subject to the source separation requirements of this section by providing training on the universal waste
rules adopted by the board under subsection 8 and by taking other steps as determined appropriate to provide for the safe
removal and proper handling of motor vehicle components;
[2001, c. 656, §3 (new).]
B. Design and distribute the stickers required under subsection 4; and
[2001, c. 656, §3 (new).]
C. Make available to the public information concerning services to remove mercury light switches in motor vehicles.
[2001, c. 656, §3 (new).]
[2001, c. 656, §3 (new).]
7. Labeling. Effective July 15, 2002, the labeling requirements of section 1662 apply to motor vehicle components. In approving an alternative
compliance plan for labeling for motor vehicles under section 1662, the commissioner shall require a motor vehicle manufacturer
to apply a doorpost label listing the mercury-added products that may be components in the motor vehicle. The commissioner
may not require a manufacturer to affix a label to each mercury-added component.
[2001, c. 656, §3 (new).]
8. Rulemaking. The board shall revise the universal waste rules adopted pursuant to section 1319-O, subsection 1, paragraph F as necessary
to establish standards by which mercury switches in motor vehicles may be handled as universal waste.
[2001, c. 656, §3 (new).]
9. Reporting. Before January 1, 2003 and annually thereafter, motor vehicle manufacturers doing business in the State shall report to
the joint standing committee of the Legislature having jurisdiction over natural resources matters on any fee or other charge
collected on the sale of new motor vehicles for the purpose of paying the cost of carrying out the manufacturer responsibilities
under subsection 5. The report must specify the amount of the fee or charge collected and how the amount of the fee or charge
was determined. Before July 1, 2004 and annually thereafter, motor vehicle manufacturers shall report in writing to the department
on the results of the source separation required under this section. The report must include, at a minimum, the number of
mercury switches removed and recycled from motor vehicles during the previous calendar year; the estimated total amount of
mercury contained in the components; and any recommendations to improve the future collection and recycling of motor vehicle
components. Before January 1, 2004 and annually thereafter, the department shall report to the Mercury Products Advisory
Committee on the effectiveness of the source separation required under this section, whether the partial reimbursement payment
under subsection 5, paragraph B should be adjusted to increase the number of switches brought to consolidation facilities,
whether other motor vehicle components should be added to the source separation efforts and whether the program should be
terminated and, if so, when.
[2003, c. 6, §1 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 38 - §1665. Automobile component parts (REPEALED)
Title 38: WATERS AND NAVIGATION
Chapter 16-B: MERCURY-ADDED PRODUCTS AND SERVICES (HEADING: PL 1999, c. 779, @2 (new))
§1665. Automobile component parts (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 38 - §1666. Household hazardous waste exemption
Title 38: WATERS AND NAVIGATION
Chapter 16-B: MERCURY-ADDED PRODUCTS AND SERVICES (HEADING: PL 1999, c. 779, @2 (new))
§1666. Household hazardous waste exemption
A person who uses mercury-added products in that person's home is not subject to the provisions of section 1663 or 1664 until
January 1, 2005 with respect to those products the person uses in that person's home and is not subject to fines or penalties
for noncompliance with the provisions of section 1663 or 1664 with respect to those products the person uses in that person's
home.
[1999, c. 779, §2 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 38 - §1667. Dental procedures
Title 38: WATERS AND NAVIGATION
Chapter 16-B: MERCURY-ADDED PRODUCTS AND SERVICES (HEADING: PL 1999, c. 779, @2 (new))
§1667. Dental procedures
1. Prevention plan. By July 15, 2002, the department shall work with dentists and other interested parties to develop a pollution prevention
plan for mercury from dental procedures that provides for reasonable measures to reduce mercury pollution from dental procedures
and related sources. The plan must include options and strategies for implementing source reduction.
[2003, c. 301, §2 (new).]
2. Dental office defined. For purposes of this section, "dental office" means any dental clinic, dental office or dental practice, but does not include
the practice of oral and maxillofacial surgery.
[2003, c. 301, §2 (new).]
3. Amalgam separator system required. No later than December 31, 2004, a dental office that, in the course of treating its patients, adds, removes or modifies
dental amalgam must install an amalgam separator system in the wastewater line in accordance with the following:
A. Wastewater containing dental amalgam particles must pass through the amalgam separator system prior to discharge to either
a publicly owned treatment works or a private septic or waste disposal system, and waste containing dental amalgam must be
collected from the amalgam separator system and disposed of in a manner satisfactory to the department;
[2003, c. 301, §2 (new).]
B. Once the amalgam separator system has been installed, the dental office must notify the department in writing:
(1) Of the type of system installed;
(2) That the system is certified as meeting the standards required in accordance with section 1661, subsection 1-A;
(3) Of the date upon which the system became operational; and
(4) Of the method of disposing of the material after removal from the separator system.
If the amalgam separator system is connected to a publicly owned treatment works, the dental office shall provide the same
notification to the director or chief engineer of that facility;
[2003, c. 301, §2 (new).]
C. Installation, operation and maintenance of an approved amalgam separator system by a dentist in accordance with manufacturer's
recommendations must fulfill the requirements of this section. A dentist must demonstrate proper operation and maintenance
by maintaining, for a period of 3 years, all shipping records for replacement filters sent to licensed recyclers and written
documentation that demonstrates that the system has been properly inspected and maintained; and
[2003, c. 301, §2 (new).]
D. The department, after receiving proper notification of the installation of the amalgam separator system and after being
satisfied that it meets the requirements of this section, must provide the dentist or the dental practice with written confirmation
of receipt of evidence of compliance with this section in a format suitable for display by the dental office.
[2003, c. 301, §2 (new).]
[2003, c. 301, §2 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 38 - §1668. Education program
Title 38: WATERS AND NAVIGATION
Chapter 16-B: MERCURY-ADDED PRODUCTS AND SERVICES (HEADING: PL 1999, c. 779, @2 (new))
§1668. Education program
The department and the Executive Department, State Planning Office shall implement an education program relating to mercury-added
products no later than January 1, 2001. The program must provide information to the public about labeled mercury-added products,
the requirements of the law regarding the source separation of waste mercury-added products and collection programs that are
available to the public.
[1999, c. 779, §2 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 38 - §1669. Technical assistance to municipalities
Title 38: WATERS AND NAVIGATION
Chapter 16-B: MERCURY-ADDED PRODUCTS AND SERVICES (HEADING: PL 1999, c. 779, @2 (new))
§1669. Technical assistance to municipalities
The department shall coordinate with the Executive Department, State Planning Office to assist interested municipalities and
regional associations in developing collection programs for mercury-added products.
[1999, c. 779, §2 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 38 - §1670. Mercury Products Advisory Committee (CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
Title 38: WATERS AND NAVIGATION
Chapter 16-B: MERCURY-ADDED PRODUCTS AND SERVICES (HEADING: PL 1999, c. 779, @2 (new))
§1670. Mercury Products Advisory Committee (CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
p align="center">(WHOLE SECTION TEXT EFFECTIVE UNTIL 80106)
div>
The Mercury Products Advisory Committee, established by Title 5, section 12004-I, subsection 24-A and referred to in this
section as the "committee," shall advise the department, the Executive Department, State Planning Office and the Legislature
on further actions needed to prevent and reduce environmental releases of mercury from consumer products.
[1999, c. 779, §2 (new).]
1. Appointment; composition. The committee consists of the following 13 members:
A. Two members from the Senate appointed by the President of the Senate. When making the appointments, the President of the
Senate shall give preference to members from the joint standing committee of the Legislature having jurisdiction over natural
resources matters;
[1999, c. 779, §2 (new).]
B. Two members from the House of Representatives appointed by the Speaker of the House. When making the appointments, the
Speaker of the House shall give preference to members from the joint standing committee of the Legislature having jurisdiction
over natural resources matters;
[1999, c. 779, §2 (new).]
C. Four members representing the business community, at least one of whom is an owner or represents an owner of a small business,
appointed by the Governor;
[1999, c. 779, §2 (new).]
D. Two members representing environmental organizations, appointed by the Governor;
[1999, c. 779, §2 (new).]
E. Two members representing municipalities, appointed by the Governor; and
[1999, c. 779, §2 (new).]
F. One member representing the general public, appointed by the Governor.
[1999, c. 779, §2 (new).]
[1999, c. 779, §2 (new).]
2. Terms. Except for the Legislators, who serve terms coincident with their legislative terms, all members are appointed for 3-year
terms. A vacancy must be filled by the same appointing authority that made the original appointment. Appointed members may
not serve more than 2, 3-year terms.
[1999, c. 779, §2 (new).]
3. Compensation. Legislative members are entitled to receive the legislative per diem, as defined in Title 3, section 2, and to reimbursement
for expenses according to Title 5, section 12004-I, subsection 24-A. Public members not otherwise compensated by their employers
or other entities whom they represent are entitled to reimbursement of necessary expenses incurred for their attendance at
authorized meetings of the committee.
[1999, c. 779, §2 (new).]
4. Quorum; actions. A quorum is a majority of the members of the committee. An affirmative vote of the majority of the members present at a
meeting is required for any action. Action may not be considered unless a quorum is present.
[1999, c. 779, §2 (new).]
5. Chairs. The first-appointed Senate member is the Senate chair of the committee and the first-appointed House of Representatives
member is the House chair of the committee.
[1999, c. 779, §2 (new).]
6. Meetings. The committee shall meet at least 2 times per year and at any time at the call of the chairs or upon written request to
the chairs by 4 of the voting members.
[2003, c. 551, §19 (amd).]
7. Staff support. The commissioner shall provide the committee with staff support.
[1999, c. 779, §2 (new).]
8. Duties; powers. The committee shall:
A. Provide assessment, advice and recommendations on emerging policy concerns or on adjustments to existing programs related
to mercury-added products;
[1999, c. 779, §2 (new).]
B. Assess the feasibility of establishing, and foster establishment if possible, of consumer education and collection programs
for mercury-added products that would achieve, but not be limited to, the following:
(1) Contracts by waste management firms that would provide comprehensive collection, transportation, storage, record keeping
and recycling of mercury-added products used by industrial, commercial, office and other large users;
(2) Recovery and recycling of at least 70% of the mercury-added lamps in the State;
(3) Education and outreach programs to promote the use of energy-saving fluorescent lighting, the availability of waste
management service contracts for recycling of mercury-added lamps and other mercury-added products and the environmental importance
and market availability of low-mercury models of fluorescent lamps; and
(4) Conversion of at least 70% of the mercury-added lamps in the State to low-mercury models;
[1999, c. 779, §2 (new).]
C. Report annually beginning January 15, 2002 to the joint standing committee of the Legislature having jurisdiction over natural
resources matters on the effectiveness and extent of established programs for the collection, transportation and recycling
of mercury-added products and on the performance of such systems in achieving the goals identified in paragraph B;
[1999, c. 779, §2 (new).]
D. Include in its 2002 annual report an assessment of whether and how mercury switches or other electrical devices, other than
those in automobile components, should be added to the universal waste rules adopted by the board; and
[1999, c. 779, §2 (new).]
D-1. Include in its 2002 or 2003 annual report recommendations as to whether and how manufacturers should be required to reduce
or phase out the use of mercury in consumer products;
[2001, c. 373, §5 (new).]
E. Include in its 2004 annual report an assessment and recommendations relating to collection and recycling programs for mercury-added
products, including the following:
(1) An assessment of how well collection and recycling programs in the State are performing in comparison to programs established
in other states with recommendations for improvements;
(2) An assessment of existing programs and infrastructure, and the costs and feasibility of expanded programs and infrastructure,
for the collection and recycling of mercury-added products used by municipalities and households, with recommendations on
whether additional municipal and regional solid waste collection facilities should be established to facilitate residential
and municipal recycling of mercury-added products; and
(3) Recommendations on whether manufacturers of mercury-added products should be required to establish programs for collection
from users. Any such recommendation should be based on an assessment of the effectiveness of fee-for-service private-sector
programs that may have been established for the collection, transportation and recycling of mercury-added products.
[1999, c. 779, §2 (new).]
[2001, c. 373, §5 (amd).]
9. Repeal date. This section is repealed August 1, 2006.
[1999, c. 779, §2 (new).]
38 §01670
Mercury Products Advisory Committee
(WHOLE SECTION TEXT REPEALED 80106 by T. 38, §16709, sub-§9; 1999, c. 779, §2 (new))
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 38 - §1671. Interstate clearinghouse
Title 38: WATERS AND NAVIGATION
Chapter 16-B: MERCURY-ADDED PRODUCTS AND SERVICES (HEADING: PL 1999, c. 779, @2 (new))
§1671. Interstate clearinghouse
The department may participate in the establishment and implementation of a regional, multistate clearinghouse to assist in
carrying out the requirements of this chapter and to help coordinate reviews of the manufacturer notifications under section
1661-B, applications for alternative labeling under section 1662, education and outreach activities and any other activities
related to the administration of this chapter. Notwithstanding section 1310-B, subsection 2, the department may provide the
interstate clearinghouse with product information submitted to the department under section 1661-A and the department and
the interstate clearinghouse may compile or publish analyses or summaries of such information provided the analyses or summaries
do not identify any manufacturer or reveal any confidential information.
[2001, c. 373, §6 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
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