Reports to the 2007 General Assembly

Legislative Report 25

Title: Compliance with Low Mercury or Mercury Free Products

Concerning the Purchase of Mercury-Free or Lowest Mercury Content Feasible Products

In accordance with Executive Order 03-02, the Department of Buildings and General Services, in conjunction with the Department of Environmental Conservation, submit the following joint report.

Overview

This report presents findings during the time period of 1/01/06 to 1/01/07 regarding compliance with Executive Order # 03-02 (signed April 4th, 2002) which required state agencies, departments, and offices:

To eliminate the purchase of products that contain mercury where mercury-free alternatives exist at reasonable cost and offer performance comparable to mercury- added products.

Where such mercury free alternatives do not exist, to give preference to the purchase of products with the lowest total mercury content feasible (and documented as such) and to products that bear a mercury label as required of product manufacturers under Vermont law.

To reflect these practices in the administrative purchasing policies of the state no later than July 1, 2002, and in all new contracts issued after the effective date of the order.
For DEC to assist BGS in identifying mercury-added products and low and mercury-free product alternatives.

For BGS and DEC to jointly report to the Secretary of the Agency of Administration annually regarding compliance with the Executive Order

The Executive Order # 03-02 took effect upon signing (April 4, 2002) and will sunset on June 30, 2012.

Compliance Report for the time period of 1/01/06 to 1/01/07 Regarding Executive Order # 03-02 issued April 4, 2002

Activities Regarding Key Elements of the Executive Order

To eliminate the purchase of products that contain mercury where mercury-free alternatives exist at reasonable cost and comparable performance to mercury added products.

Where mercury-free alternative products do not exist, preference will be given to the purchase of products with the lowest (documented) total mercury content feasible and products that bear a mercury content warning label as required of product manufacturers under Vermont law

1. Requests for proposal (RFPs) and requests for quotation (RFQs) contain the following language favoring the purchase of mercury-free products. Purchases made by departments pursuant to a Blanket Delegation of Authority are also expected to comply with these requirements.

"The State of Vermont is committed to minimizing the amount of mercury utilized in its operations, and desires to eliminate the purchase of products that contain mercury whenever feasible alternatives exist at a reasonable cost and comparable performance. Where mercury-free alternative products do not exist, preference will be given to the purchase of products with the lowest (documented) total mercury content feasible and products that bear a mercury content warning label as required of product manufacturers under Vermont law, Executive Order #03-02.”

1. The State of Vermont continues to urge suppliers to continue to develop, produce, and bring to market appropriate, cost competitive, and effective mercury-free replacements.
2. Vendors are required to submit a mercury certification form with their bids certifying either that there is no mercury contained in any products being bid or disclosing the amount of mercury, if any.
3. The RFP for passenger cars and vans continues to require that all vehicles be free of mercury-containing switches.
4. Purchases by the Department of Buildings and General Services (BGS) for use in state facilities have continued to exclude the purchase of mercury-added products (primarily thermostats) because reasonably-priced, mercury-free alternatives that are comparable in performance are known to exist.
5. Since the failure rate for thermostats is quite low, BGS engages in the preemptive replacement of mercury-containing thermostats when performing maintenance work in the vicinity of such thermostats. These replacement efforts have been made even more attractive by an innovative industry-sponsored program made available by most of our suppliers/venders to take back whole thermostats for recycling at no cost when mercury-free replacements are purchased. Gradually, mercury-containing wall thermostats are being replaced and safely recycled and it is becoming more difficult to locate such devices in state-owned facilities.
6. In 2005 our contract for the purchase of lamps was awarded to the vendor whose products contained the lowest levels of mercury relative to other manufacturers.   Our contract for the purchase of fluorescent bulbs requires the use of bulbs with the lowest mercury content feasible and provides for the appropriate collection and recycling of spent bulbs by the supplier. An estimated 32,000 linear feet (equivalent) of low mercury-content fluorescent bulbs and compact fluorescent bulbs from state facilities are replaced and recycled through BGS each year. The use of energy-saving fluorescent lamps requiring some added mercury in order to operate (instead of mercury-free incandescent lamps), is necessary to conserve electrical energy and to achieve adequate overall lighting performance when compared to practical mercury-free alternatives.
7. New mercury-containing products now must bear a warning label required under Vermont law (see Appendix A). This law affects products manufactured after 11/30/03. Device-labeling helps to warn individuals who are replacing such devices or performing work on or around such equipment that special caution may need to be exercised while working with such products and that special consideration may have to be given to the disposal of mercury-containing waste generated. In addition, being made aware of the existence of mercury in labeled products allows users (such as BGS) to consider the use and purchase of alternative products in compliance with this executive order.
8. As of July 1st, 2006 and Jan 1st, 2007 the purchase, sale, or distribution of many mercury-added products has been restricted or prohibited by Vermont Law (see below).

To reflect these practices in the administrative purchasing policies of the state no later than July 1, 2002 and in all new contracts issued after the effective date of the order.

This has been done, and continues to be the practice (see the purchasing policies and procedures outlined above).

For DEC to assist BGS in identifying mercury-added products and low and mercury-free alternatives.

With the assistance of DEC staff  in the development of a tool to identify mercury-containing devices, and in the printing of stick-on warning labels, BGS undertook a pilot program to identify and label all known mercury-containing devices in the BGS Southern Maintenance District in 2005.  Following the successful completion of that pilot project, the efforts were expanded and the identification and labeling process was completed throughout the other maintenance districts in the state.

DEC staff continue to assist the BGS Fleet Management Division in the removal of mercury-added components from fleet trucks and automobiles that are slated for disposal, and in the proper management of the waste generated by this practice.
The effective dates related to many provisions of Vermont Statutes 10 V.S.A. §7105 and §7106 have (and will as of 1/01/07) come into effect during the time period of this report.   

A ban on the purchase of mercury dairy thermometers for use by anyone other than a licensed dairy service provider (under certain conditions) went into effect January 1st, 2006.

After July 1st, 2006  sale or distribution of mercury-containing fever thermometers or mercury containing thermostats for the control of space heating in Vermont and the sale of mercury-added novelty products (with the exception of novelties containing button cell batteries or mercury-added lamps) was prohibited.

As of July 1st, 2006, no person is allowed to provide elemental mercury to another person in Vermont, except for manufacturing or recycling or disposal purposes, without providing a "material safety data sheet," and the law requires the purchaser or recipient to sign a statement that the purchaser:

(A) Will use the mercury only for medical or research purposes;

(B) Understands that mercury is toxic, and the purchaser will store and use it appropriately so that no person is exposed to the mercury; and

(C) Will not place the mercury in solid waste for disposal or in a wastewater treatment and disposal system, and will not allow anyone under the purchaser's control to place or cause mercury to be placed in such a location.

Also as of July 1, 2006, no person may purchase elemental mercury from someone outside the state of Vermont for use in Vermont without a certified statement from the purchaser (to be provided to ANR) certifying that the conditions specified above have been met.

Effective January 1, 2007 (with very few exceptions) many mercury-added products may no longer be offered for final sale, sold at a final sale, or distributed in Vermont as a new manufactured product.

No barometer, esophageal dilator, bougie tube, gastrointestinal tube, flow meter, hydrometer, hygrometer or psychrometer, manometer (see exception above), pyrometer, sphygmomanometer, thermometer (other than a mercury fever thermometer), mercury-added neon-type sign or lamp, mercury switch, or mercury relay that contains elemental mercury (individually or as a product component), may be offered for final sale, sold at a final sale, or distributed in Vermont as a new manufactured product.

With existing equipment, these new product purchase prohibitions do not apply if the switch, relay, or measuring device is used to replace a switch, relay, or measuring device which is a component of a larger product in use prior to January 1, 2007, provided the owner of that equipment has made every reasonable effort to determine that no compatible non-mercury replacement component exists. With regard to the manufacture of such mercury added products, ANR may offer exemptions under certain specific conditions.

Relevant Vermont Statutes (Title 10 VSA §6621(d), §7105, §7106, and §7107) regarding mercury added products and components and the disposal of the same are attached as Appendix A.

Appendix A
The Vermont Statutes Online
Title 10: Conservation and Development
Chapter 159: WASTE MANAGEMENT
10 V.S.A. § 6621d. Mercury-added consumer products

§ 6621d. Mercury-added consumer products
(a) Labeling. Effective March 1, 2000, a manufacturer or wholesaler may not sell at retail in this state, to a retailer in this state, or for use in this state, and a retailer may not knowingly sell, any of the following items at retail if they contain mercury added during manufacture, unless the item is labeled. 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. Primary responsibility for affixing labels required under this section shall be on the manufacturer, and not on the wholesaler or retailer. By October 1, 1999, each manufacturer required to label by this section shall certify to the agency of natural resources that it has developed a labeling plan for its mercury-added products that complies with this section and any administrative labeling rule adopted by the agency of natural resources and that this labeling shall be implemented for products manufactured after March 1, 2000. The labeling plan shall include detailed descriptions of the products involved and the label size, material, content, location, and attachment method for each product and for the product packaging, where necessary under the rules, so a label is clearly visible at time of purchase. The plan must be submitted to the agency with the certification. Items to be labeled are:

(1) A thermostat or thermometer.
(2) A switch, individually or as part of another product.
(3) A medical or scientific instrument.
(4) An electric relay or other electrical device.
(5) A lamp.
(6) A battery, sold to the public, other than a button battery.

(b) Source separation. Except as otherwise provided by this section, every person who discards solid waste within the state shall separate labeled mercury-added consumer products from that solid waste. Any contractor who replaces or removes labeled mercury-added consumer products shall assure the proper separation and disposal of any discarded mercury-added consumer product.

(c) Collection. After proper separation of labeled mercury-added consumer products, each person who discards that waste either shall:

(1) set that waste in a designated area for collection by a hauler; or
(2) deliver that waste to a facility that is legally authorized and permitted to accept that waste.

(d) Collection program.

(1) By December 1, 1998, every solid waste implementation plan of every solid waste management district or municipality having such a plan shall be amended to provide for:

(A) an informational effort to advise the public about labeled mercury-added products; and

(B) a collection program for the collection of mercury-added products identified in subsection (a) of this section.

(2) These amended plans shall be implemented by each solid waste management district or municipality by June 1, 1999. Components of these amended plans that are related to subdivisions (1) (A) and (B) of this subsection shall not be required to receive approval from the agency of natural resources.

(e) Support.

(1) The agency of natural resources and the health department shall assist the municipalities and solid waste management districts in developing, designing and disseminating information for the public about labeled mercury-added products, the requirements of the law regarding the source separation of waste mercury-added products, and the collection programs that are available to the public, including any manufacturer- based reverse distribution system. A component of this information program shall be directed specifically at large public and private institutions that use and discard substantial numbers of waste mercury-added products, and at any other large users of those products.

(2) Support for information dissemination regarding labeled mercury-added products and for the collection program for labeled mercury-added products shall be from disposal fees, or other revenues collected by the solid waste management district or municipality, and may include a manufacturer-based reverse distribution system.

(f) Rulemaking. By December 1, 1998, rules adopted to implement this section shall establish standards for affixing of labels, in compliance with federal law, either to the product or to the package.

(g) Penalties. No household shall be subject to the provisions of section 6612 of this title for noncompliance with subsections (b) and (c) of this section.

 (Added 1997, No. 151 (Adj. Sess.), § 2; amended 1999, No. 63, § 5.)

Title 10: Conservation and Development

Chapter 164: COMPREHENSIVE MERCURY MANAGEMENT

10 V.S.A. § 7105. Restrictions on the sale and use of certain mercury-added products

§ 7105. Restrictions on the sale and use of certain mercury-added products

(a) Novelties. After July 1, 2006, no mercury-added novelty may be offered for sale, sold at final sale, or distributed in Vermont. This ban on sale or distribution shall not apply to a novelty incorporating one or more button cell batteries, or one or more mercury-added lamps, as its only mercury-added components. Manufacturers that produce and sell mercury-added novelties must notify retailers about the provisions of this product ban and how to return the remaining inventory to the manufacturer.

(b) Thermometers and thermostats. After July 1, 2006, no mercury fever thermometer or mercury-containing thermostat for the control of space heating or cooling may be offered for final sale, sold at final sale, or distributed in Vermont.

(c) Dairy manometers. After January 1, 2006, no mercury dairy manometer may be offered for final sale, sold at a final sale, or distributed in Vermont, with the exception of a mercury dairy manometer purchased by a licensed dairy service provider to calibrate customers' manometers and other milking equipment. The agency of agriculture, food and markets will notify dairy service providers of this product ban, and how to dispose properly of remaining inventory. The Vermont agency of agriculture, food and markets and Vermont solid waste districts and municipalities will continue their education, outreach, and assistance programs for dairy farms, focusing on the hazards of mercury, and encouraging dairy farmers to replace their mercury-containing manometers with mercury-free alternatives in an effort to help further reduce mercury in the environment.

(d)(1) Elemental mercury. Effective July 1, 2006, no person may sell or provide elemental mercury to another person in Vermont, except for manufacturing or recycling or disposal purposes, without providing a "material safety data sheet," as defined in 42 U.S.C. § 11049, and requiring the purchaser or recipient to sign a statement that the purchaser:

(A) Will use the mercury only for medical or research purposes;

(B) Understands that mercury is toxic, and the purchaser will store and use it appropriately so that no person is exposed to the mercury; and

(C) Will not place the mercury in solid waste for disposal or in a wastewater treatment and disposal system, and will not allow anyone under the purchaser's control to place or cause mercury to be placed in such a location.

(2) Effective July 1, 2006, no person may purchase elemental mercury from someone outside the state of Vermont for use in Vermont without a certified statement from the purchaser provided to the agency, certifying that the conditions specified in subdivision

(1) of this subsection, if applicable, have been met. These conditions shall not apply to the sale or provision of elemental mercury for manufacturing, recycling, or disposal purposes.

(e) Instruments, measuring devices, and neon signs.

(1) Effective January 1, 2007, none of the following mercury-added products may be offered for final sale, sold at a final sale, or distributed in Vermont as a new manufactured product:

(A) A barometer;
(B) An esophageal dilator, bougie tube, or gastrointestinal tube;
(C) A flow meter;
(D) A hydrometer;
(E) A hygrometer or psychrometer;
(F) A manometer other than a manometer prohibited from sale under subsection (c) of this section;
(G) A pyrometer;
(H) A sphygmomanometer;
(I) A thermometer that contains elemental mercury, other than a mercury fever thermometer.
(J) A mercury-added neon type sign or lamp.

(2) This prohibition does not apply to the sale of a mercury-added product listed in subdivisions (1) (A)-(J) of this subsection if use of the product is a federal requirement, or if the only mercury-added component of the product is a button cell battery. This prohibition does not apply to the sale of mercury-added lamps when used in semiconductor manufacturing and other manufacturing operations.
(f) Mercury switches and relays. Effective January 1, 2007, no mercury switch or mercury relay, individually or as a product component, may be offered for final sale, sold at a final sale, or distributed in Vermont as a new manufactured product. This subsection does not apply to the sale of a mercury switch or mercury relay if the manufacturer provides satisfactory documentation that the use of the switch or relay is a federal requirement.

(g) Exclusion for existing equipment. The prohibitions in subsections (e) and (f) of this section do not apply if the switch, relay, or measuring device is used to replace a switch, relay, or measuring device which is a component of a larger product in use prior to January 1, 2007, provided the owner of that equipment has made every reasonable effort to determine that no compatible nonmercury replacement component exists.
(h)(1) Exemptions. A manufacturer of a mercury-added switch, relay, or measuring device may apply to the agency and notify the multistate clearinghouse for an exemption from the sales ban in subsections (e) and (f) of this section, provided that exemption shall be for not more than five years. With agency approval, an agent of the manufacturer, who may be a user, may apply for an exemption.

(2) The manufacturer or agent of the manufacturer seeking an exemption to offer for sale, sell, or distribute a switch, relay, or measuring device in Vermont after January 1, 2007 shall apply for the exemption not later than March 1, 2006. Exemption applications for new types of switches, relays, or measuring devices developed and intended to begin initial sale or distribution after January 1, 2007 must be received at least nine months prior to the intended offer for sale, the sale, or the distribution in Vermont.

(3) Application for the exemption or exemption renewal shall be on a form and be supported by the information and materials required by the agency. The exemption application shall document the basis for the requested exemption or renewal of exemption and describe how the manufacturer will ensure that a system exists for the proper collection, transportation, and processing of the switches, relays, or measuring devices at the end of their useful life.

(4) The agency may grant an exemption with or without conditions upon findings that:

(A) A system exists for the proper collection, transportation, and processing of the product at the end of its life, including a system for the direct return of a waste product to the manufacturer or a collection and recycling system that is supported by an industry or trade group, or other similar private or public sector efforts; and

(B) One of the following applies:

(i) Use of the product provides a net benefit to the environment, public health, or public safety when compared to available nonmercury alternatives; or

(ii) Technically feasible alternatives are not available at reasonable cost.

(C) With respect to renewals of an exemption, in addition to subdivisions (A) and (B) of this subdivision (4), reasonable efforts have been made to remove mercury from the product.

(5) Prior to issuing an exemption or conditional exemption, the agency may consult with the multistate clearinghouse and other states to promote consistency in the implementation of this section.

(6) The agency may renew, for a period not longer than five years, an exemption or conditional exemption one or more times if the manufacturer applies for renewal, and the agency finds that the manufacturer meets the requirements for that exemption, and that the manufacturer has complied with all the conditions of the original approval. With agency approval, an agent of the manufacturer may apply for the exemption renewal. (Added 2005, No. 13, § 1.)

 § 7106. Labeling of mercury-added products

(a) No mercury-added product may be offered for final sale, sold at a final sale, or distributed in Vermont after July 1, 2007, unless both the product and its packaging are labeled in accordance with this section. This requirement also may be met by compliance with the terms of any approved alternative labeling method granted under subsection (h) or (i) of this section. A retailer may not be found in violation of this subsection if the retailer lacked knowledge that the product contained mercury.

(b) This section shall not apply to mercury-added button cell batteries, products containing mercury-added button cell batteries, photographic film, or the packaging of these products.

(c) If a mercury-added component is part of another product, the product containing the component, the component, and the product package must be labeled. The label on a product containing a mercury-added component shall identify the component with sufficient detail so that it may be readily located for removal.

(d) All labels must be legible and must clearly inform the purchaser or consumer, using words or symbols, in a minimum of 10 point font type, that mercury is present in the product and clearly specify that the mercury-added product should 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 the mercury in the product does not become mixed with other solid waste or wastewater. Component, product, and package labels must be placed such that they are clearly visible. A label must also be visible prior to sale.

(e) Labels affixed to the product or any component shall be constructed of materials that are sufficiently durable to remain legible for the useful life of the product.

(f) Responsibility for product and package labels required under this section shall be on the manufacturer. In the case of a multi-component product in which a mercury-added component is included, the responsible manufacturer is the last manufacturer to produce or assemble the product. In the case of a mercury-added product imported from a foreign country, the importer shall assure the manufacturer has complied with this section before the offering for final sale or distribution of the product in Vermont.

(g) Any mercury-added product for which federal law governs labeling in a manner that preempts state authority shall be exempt from the requirements of this section. This section shall not apply to prescription drugs or any substance that may lawfully be sold over the counter without a prescription under the federal Food, Drug and Cosmetic Act, 21 U.S.C. §§ 301 et seq.

(h) Alternative methods of labeling are as follows:

(1)(A) A manufacturer may apply to the agency or the multistate clearinghouse for an alternative to the requirements of subsections (a) through (f) and (i) of this section where:

(i) strict compliance with the requirements is not feasible as determined by the agency;
(ii) the proposed alternative would be at least as effective in providing presale notification of mercury content;
(iii) the proposed alternative would be at least as effective in providing instructions on proper disposal; or
(iv) federal law governs labeling in a manner that preempts state authority.

(B) The agency may approve an alternative concerning a certain product category without application by manufacturers, but the agency must consider other alternatives for the category upon application by a manufacturer for the use of an unapproved alternative.

(2) Applications for an alternative to the requirements of subsections (a) through (f) and i) of this section must:

(A) Document the justification for the requested alternative;
(B) Describe how the alternative ensures that purchasers or recipients of mercury-added products are made aware of mercury content prior to purchase or receipt;
(C) Describe how a person discarding the mercury-added product will be made aware of the need for proper handling to ensure that it does not become part of solid waste or wastewater;
(D) Document the readiness of all necessary parties to implement the proposed alternative; and
(E) Describe the performance measures to be utilized by the manufacturer to demonstrate that the alternative is providing effective presale notification and predisposal notification.

(3) The agency may grant, deny, or approve with modifications or conditions a request for an alternative to the requirements of subsections (a) through (f) and (j) of this section. This approval of an alternative shall be for a period, specified by the agency, of no less than two years. The agency may review alternatives and modify or condition a previously approved alternative after providing notice to the affected parties. Modifications shall be implemented within a time frame approved by the agency, which shall not exceed two years. Requests for renewals shall be submitted 90 days before the expiration of the approval. Prior to approving an alternative, the agency may consult with states, provinces, and regional organizations to review consistency with other states that have similar legislation.

(4) Alternatives that authorize font sizes less than 10-point type that have been approved by the agency prior to the effective date of this chapter shall remain in effect until July 1, 2015.

(i) The following alternative methods of labeling for specific products are approved, and no further agency approval is required:

(1) Labeling of a large appliance sold in a store where that appliance is on display shall meet all requirements of subsections (a) through (f) of this section, except that no package labeling is required.

(2) Labeling of all new motor vehicles shall meet all the requirements of subsections (a) through (f) of this section, except that the mercury-added components are not required to be labeled. A driver's side doorpost label applied by the manufacturer shall list the mercury-added components that may be present on the vehicle. Only in the case of a trade of a new vehicle by a dealer with a dealer in another state shall the motor vehicle dealer be responsible for applying the doorpost label to the vehicle. No labeling of used motor vehicles shall be required. For motor vehicles without doorposts, label placement will be subject to the approval of the agency.

(3)(A) Labeling of products that contain, as their only mercury-added components, one or more lamps not intended to be replaceable by the user or consumer that are used for one or more of the purposes enumerated in this subdivision shall meet all the requirements of subsections (a) through (f) of this section, except no label is required on the internal lamp, no label is required on the package, and no label is required to be visible prior to purchase. A label must be included in the care and use manual or product instructions, if any. Lamp purposes subject to this subdivision shall be:

(I) backlighting;
(II) liquid crystal display (LCD) panel;
(III) scanning images; or
(IV) copying images.

(ii) This subdivision (A) shall apply to products containing lamps used for other purposes, if those products are approved under subsection (h) of this section, except that there need not be compliance in this instance with the requirement established in subdivision (h)(1)(A)(ii), regarding the effectiveness of the proposed alternative.

(B) Labeling of products with a screen or LCD panel less than seven inches on the diagonal that contain, as their only mercury-added components, one or more lamps not intended to be replaceable by the user or consumer that are used for backlighting shall meet all the requirements of subsections (a) through (c) of this section by placing the label on the product or in the care and use manual or product instructions, if any. No label is required on the internal lamp, and no label shall be required to be visible prior to purchase.

(C) Labeling of a product that contains as its only mercury-added components a lamp or lamps at least one of which is intended to be replaceable by the user or consumer must meet the labeling requirements of subsections (a) through (f) of this section, except no label is required to be visible prior to purchase. A label must also be included in the care and use manual or product instructions, if any. If the replaceable lamp is placed within a housing intended to be replaceable by the user or consumer, the housing must also be labeled.

(4) Labeling of flashlights or portable lanterns in which the lamp is the only mercury-added component shall meet all the requirements of subsections (a) through (f) of this section, except that no label is required on the product itself. This subdivision shall be repealed on July 1, 2009.

(j) No later than October 1, 2006, each manufacturer required to label by this section shall certify to the agency that it has developed a labeling plan for its mercury-added products that complies with this section, and that this labeling plan shall be implemented for products offered for final sale, sold at a final sale, or distributed in Vermont after July 1, 2007. The labeling plan shall include detailed descriptions of the products involved and the label size, font size, material, wording, location, and attachment method for each product and for the product packaging. The plan shall include how prior-to-sale notification will be provided, if required. The plan, together with the certification, must be submitted to the agency and the multistate clearinghouse for approval. If a manufacturer has an approved certified labeling plan on file with the agency, the manufacturer must provide an update no later than October 1, 2006 identifying changes, if any, to the product or manufacturer's contact information and shall include all information required in this section. The update must be submitted in writing to the agency and identified as an amendment to the plan. Any changes in labeling methods for products or product categories already approved under the existing plan in order to comply with new labeling requirements must be submitted and reviewed by the agency for approval. (Added 2005, No. 13, § 1.)

§ 7107. Discarded mercury-added products

(a) Management of discarded mercury-added products. After July 1, 2007, discarded mercury-added products, except for mercury-added button cell batteries, products containing mercury-added button cell batteries as their only mercury-added components, and photographic film shall be managed as provided in this section.

(1) Disposal ban. No person shall knowingly dispose of mercury-added products in a solid waste landfill or combustor.
(2) Source separation. Except as otherwise provided by this section, every person who discards solid waste shall separate mercury-added products from that solid waste for management as hazardous waste or universal hazardous waste, according to all applicable state and federal regulations. Any contractor who replaces or removes mercury-added products shall assure that any discarded mercury-added product is subject to proper separation and management as a hazardous waste or universal hazardous waste.

(b) Solid waste transfer, combustion facility, and landfill facility requirements:

(1) Disposal ban. Effective July 1, 2007, the owner and operator of a solid waste landfill, transfer station, or combustion facility shall not knowingly accept for disposal mercury-added products.
(2) Notification of disposal ban. Effective July 1, 2007, solid waste transfer facilities, solid waste combustion facilities, and landfill facilities shall implement the following minimum mechanisms to notify the public and haulers of the disposal ban:

(A) Posting of clearly visible and easily read signs at the facility, providing notice of the prohibition of the disposal and combustion of mercury-added products; and

(B) Providing customer’s information about collection programs and facilities that are permitted to accept mercury-added products.

(c) Collection program.

(1) By December 1, 1998, every solid waste implementation plan of every solid waste management district or municipality having such a plan shall be amended to provide for:

(A) an informational effort to advise the public about labeled mercury-added products; and
(B) a collection program for the collection of mercury-added products identified in subsection (a) of this section.

(2) These amended plans shall be implemented by each solid waste management district or municipality by June 1, 1999. Components of these amended plans that are related to subdivisions (1) (A) and (B) of this subsection shall not be required to receive approval from the agency of natural resources.

(d) Removal of mercury-added components. The agency shall conduct a study and make recommendations for requirements to remove effectively and feasibly mercury-added components in products prior to disposal or recycling processes. This report shall identify removal and collection systems at public and private solid waste management facilities and salvage businesses, manufacturer-sponsored or -operated collection and take-back programs and other feasible programs. The agency will identify costs and mechanisms for financing such programs. The study shall address removal and collection of mercury-added components in automobiles and the collection of switches, relays, and gauges in home appliances, heating devices, and other equipment. The agency shall report to the general assembly no later than January 15, 2006.

(e) Exemption for certain federally regulated products. If a formulated mercury-added product is a cosmetic or pharmaceutical product subject to the federal Food and Drug Administration's regulatory requirements relating to mercury, the product is exempt from the requirements of this section.

(f) Exemption for solidified latex paint. Formulated mercury-added latex paint solidified for disposal is exempt from the requirements of this section. (Added 2005, No. 13, § 1.)