Collection and recycling programs

Act 97 of 2008, § 6, under MERCURY-FREE THEMOSTAT ACT - ENACTMENT.

Act 97 of 2008, § 6

Section 6. Collection and recycling programs.

(a) Manufacturer programs.--

(1) Each manufacturer of mercury thermostats that have

been sold in this Commonwealth shall, individually or

collectively, establish and maintain a department-approved

collection and recycling program for out-of-service mercury

thermostats from wholesalers, contractors and retailers,

service technicians and homeowners.

(2) The program shall be developed in a manner that

ensures to the maximum extent that:

(i) The capture of out-of-service mercury

thermostats is maximized.

(ii) There is no direct cost to contractors, service

technicians or homeowners for participating in the

program, except that wholesalers, contractors and

retailers may be assessed a nominal administrative fee to

offset the cost of each collection bin for each

collection location for out-of-service thermostats.

(iii) Information and education on proper management

and recycling of mercury thermostats are provided to

contractors, service technicians, wholesalers, retailers,

institutions and homeowners to encourage the return of

out-of-service thermostats at established recycling

collection points.

(iv) The purchase of mercury-free programmable

thermostats qualified by the Environmental Protection

Agency's Energy Star program as replacements for mercury

thermostats is encouraged.

(v) Mechanisms are in place to protect against the

fraudulent return of thermostats.

(vi) The handling and recycling of mercury

thermostats is accomplished in a manner compliant with

section 5 and all other applicable Federal, State and

local requirements.

(vii) The program otherwise implements all aspects

of the collection program as instructed by the

department.

(b) Wholesaler and retailer participation.--

(1) Beginning one year after the effective date of this

section, except as provided for in paragraph (4), a

wholesaler or retailer may not sell a thermostat in this

Commonwealth unless the wholesaler, retailer or contractor

acts as a collection site for thermostats that contain

mercury.

(2) A wholesaler, retailer or contractor may meet the

requirements of this subsection by participating as a

collection site in a manufacturer collection program as

described under subsection (a) or by collecting thermostats

that contain mercury and managing the collected thermostats

in accordance with applicable Federal and State universal

waste rules.

(3) A wholesaler or retailer acting as a collection site

shall provide visible signage at the site about the

collection and recycling of mercury thermostats.

(4) A retailer or contractor that sells thermostats, but

chooses not to act as a collection site or participate in a

manufacturer collection program as a collection site, shall

provide notice to consumers that recycling of mercury

thermostats is required under Pennsylvania law, and the

notice shall include the specific names and locations of any

collection sites within reasonably close proximity that

recycle mercury thermostats.

(c) Department oversight.--

(1) Each manufacturer shall submit to the department for

review and approval the collection and recycling program

required under subsection (a) no later than 180 days after

the effective date of this section. The proposed collection

and recycling program may include appropriate enhancements to

an existing program or a new program.

(2) Within 30 days after receipt of a manufacturer's

proposed collection and recycling program, the department

shall issue a public notice of the availability of the

proposal and solicit public comment for 30 calendar days.

Within 90 days after receipt of a proposal, the department

shall approve, conditionally approve or disapprove the

proposed collection and recycling program.

(3) If the proposed collection and recycling program is

approved, with or without conditions, the manufacturer or

manufacturers shall begin implementing the program within 90

days after receipt of approval.

(4) If the entire proposed collection and recycling

program is not approved, the department shall inform the

manufacturer as to the reasons for the disapproval. The

manufacturer shall have 30 days thereafter to submit a

revised plan.

(5) Within 30 days after receipt of a manufacturer's

revised collection and recycling program, the department

shall issue a public notice of the availability of the

revised proposal and solicit public comments for 30 calendar

days. Within 90 days after receipt of a proposal, the

department shall approve, conditionally approve or disapprove

the proposed collection and recycling program.

(6) If the revised collection and recycling program is

not approved, the manufacturer shall be considered out of

compliance for the purposes of subsection (b) beginning on

the date the revised plan is disapproved by the department.

(7) In conducting its duties under this subsection, the

department shall take into account the experience of

thermostat collection programs in other states. The

department shall approve a manufacturer's proposed collection

and recycling program if it contains terms and conditions

sufficient for the department to conclude that the proposed

program will substantially improve and sustain mercury

thermostat collection and recycling in this Commonwealth.

(d) Safe management and recycling program.--The department shall provide education and outreach to business, local government, schools and the public on proper management of mercury thermostats and other products containing mercury, including a listing of department-approved collection sites. A list of department-approved collection sites shall also be distributed to wholesalers, retailers and contractors or made available on the department's Internet website.

(e) Reporting.--

(1) Each manufacturer with an approved collection and

recycling program shall submit an annual report to the

department by June 1 of each year that includes:

(i) The number of mercury thermostats collected and

recycled by the manufacturer pursuant to this act during

the previous year.

(ii) The estimated total amount of mercury contained

in the mercury components collected by the manufacturer

pursuant to this act during the previous year.

(iii) An evaluation of the effectiveness of the

manufacturer's collection and recycling program and any

recommendations for improvements, including modifications

to the program.

(iv) Collection goals which shall be established to

ensure an increase in the number of mercury thermostats

collected each year until 2015 or a time that the

department determines that the number of in-service

thermostats is steadily declining as a result of the ban

on sales and installation.

(2) Within 90 days after receipt of the manufacturer's

annual reports, the department shall publish information in

its Internet website about the collection and recycling of

mercury thermostats in this Commonwealth. This information

shall include:

(i) A description of the collection and recycling

program established under this act.

(ii) Collection goals and data on actual collection

rates.

(3) In conjunction with the manufacturer, the department

may alter any and all elements of the previously approved

manufacturer collection and recycling program, including, but

not limited to, the number and location of the collection

points and collection goals and means to achieve established

goals, provided alterations are not inconsistent with the

requirements of this and other applicable laws.

(4) The Secretary of Environmental Protection may

discontinue the requirement for the annual report pursuant to

this subsection on finding that mercury thermostats no longer

pose a threat to the environment and to public health.