CHAPTER 640

H.P. 1407 - L.D. 1901

An Act To Protect Health and the Environment by Improving

the System for the Collection and Recovery of Mercury-added

Thermostats

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 38 MRSA §1664, sub-§2, as enacted by PL 1999, c. 779, §2, is repealed and the following enacted in its place:

2.__Thermostats.__The following provisions apply to thermostats that contain mercury.

A.__A manufacturer of thermostats that contain mercury or a manufacturer of thermostats that may replace thermostats that contain mercury shall, in addition to meeting the requirements under section 1662, provide incentives and sufficient information to purchasers and consumers of the thermostats for the purchasers or consumers to ensure that mercury in thermostats being removed from service is reused, recycled or otherwise managed in compliance with section 1663.__A manufacturer that has complied with this subsection is not liable for improper disposal by purchasers or consumers of thermostats.__Manufacturer collection programs conducted in accordance with universal waste rules adopted by the department meet the requirements of this subsection.

B.__A wholesaler may not sell a thermostat in the State unless the wholesaler acts as a collection site for thermostats that contain mercury.