The Vermont Statutes Online
Conservation and Development
COMPREHENSIVE MERCURY MANAGEMENT
7116. Mercury-containing thermostats
responsibility. Each thermostat manufacturer that has offered for final sale,
sold at final sale, or has distributed mercury-containing thermostats in
Vermont shall, individually or collectively:
(1) Not later
than October 1, 2008 submit a plan to the Agency for approval that describes a
collection and financial incentive program for mercury thermostats. The program
contained in this plan shall ensure that the following take place:
(A) That an effective
education and outreach program shall be developed and shall be directed toward
wholesalers, retailers, contractors, and homeowners. There shall be no cost to
thermostat wholesalers or thermostat retailers for education and outreach
handling and recycling of mercury-containing thermostats are accomplished in a
manner that is consistent with the provisions of the universal waste rules
adopted by the Secretary.
containers for mercury-containing thermostat collection are provided to all
thermostat wholesalers. The cost to thermostat wholesalers shall be limited to
an initial, reasonable one-time fee per container as specified in the plan.
collection systems are provided to all collection points registered pursuant to
subdivision (d)(3) of this section. Collection systems can include individual
product mail back or multiple collection containers. The cost to registered
collection points shall be limited to an initial, reasonable one-time fee per
container as specified in the plan.
(E) That a
financial incentive is established with a minimum value of $5.00 for the return
of each mercury-containing thermostat to a thermostat wholesaler by a
contractor or service technician. The financial incentive shall be in the form
of cash or coupons that are redeemable by the contractor or service technician.
(F) That a
financial incentive is established with a minimum value of $5.00 to homeowners
or nonprofessionals for the return of each mercury-containing thermostat to a
collection point registered with the Agency. The financial incentive shall be
in the form of cash or in the form of a coupon that can be redeemed for cash
from the manufacturer or can be redeemed for a credit toward purchase of
general merchandise in the retail location where the thermostat was returned.
to protect against the fraudulent return of thermostats are established.
(2) No later
than April 1, 2009, implement a mercury thermostat collection plan approved by
the secretary under subdivision (d)(1) of this section.
wholesaler and thermostat retailer responsibilities.
(1) By April 1,
2009, a thermostat wholesaler shall not offer for final sale, sell at final
sale, or distribute thermostats unless the wholesaler:
(A) acts as a
collection site for thermostats that contain mercury.
(B) promotes and
utilizes the collection containers provided by thermostat manufacturers to
facilitate a contractor collection program as established by subsection (a) of
this section, and all other tasks as needed to establish and maintain a
cost-effective manufacturer collection and financial incentive program.
(2) By April 1,
2009, a thermostat retailer shall not offer for final sale, sell, or distribute
thermostats in the State unless the thermostat retailer participates in an
education and outreach program to educate consumers on the collection program
for mercury thermostats.
prohibition. Beginning April 1, 2009, the following sales prohibitions shall
apply to manufacturers, thermostat wholesalers, and thermostat retailers:
manufacturer not in compliance with this section is prohibited from offering
any thermostat for final sale in the State, selling any thermostat at final
sale in the State, or distributing any thermostat in the State. A manufacturer
not in compliance with this section shall provide the necessary support to
thermostat wholesalers and thermostat retailers to ensure the manufacturer's
thermostats are not offered for final sale, sold at final sale, or distributed
in this State.
(2) A thermostat
wholesaler or thermostat retailer shall not offer for final sale, sell at final
sale, or distribute in this State any thermostat of a manufacturer that is not
in compliance with this section.
(1) Within 60
days of receipt of a complete application from a manufacturer, the Agency shall
review and may grant, deny, or approve with modifications a manufacturer plan
required by subdivision (a)(1) of this section. The Agency shall not approve a
plan unless all elements of subdivision (a)(1) are adequately addressed. In
reviewing a plan, the Agency may consider consistency of the plan with
collection and financial incentive requirements in other states and consider
consistency between manufacturer collection programs. In reviewing plans, the
Agency shall ensure that education and outreach programs are uniform and
consistent to ensure ease of implementation by thermostat wholesalers and
(2) The Agency
shall establish a process under which a plan submitted by a manufacturer is,
prior to plan approval, available for public review and comment for 30 days.
The Agency shall consult with interested persons, including representatives
from thermostat manufacturers, environmental groups, thermostat wholesalers,
thermostat retailers, service contractors, municipalities, and solid waste
collection points. The Agency shall maintain and post on the Agency of Natural
Resources' website a list of municipalities, solid waste districts, and
thermostat retailers who wish to register as collection points for mercury
and outreach. In conjunction with the educational and outreach programs
implemented by manufacturers, the Agency shall conduct an education and
outreach program directed toward wholesalers, retailers, contractors, and
homeowners to promote the collection of discarded mercury-containing
(e) Rate of
collection. By July 1, 2010, the Agency shall estimate the number of out-of-service
thermostats generated in Vermont on an annual basis, in consultation with
interested persons, including representatives from thermostat manufacturers,
thermostat wholesalers, thermostat retailers, service contractors,
environmental groups, municipalities, and solid waste districts. Beginning July
1, 2011, should collection efforts fail to result in the collection and
recycling of at least 65 percent of the out-of-service mercury-containing
thermostats in the State, the Agency shall, in consultation with interested
persons, require modifications to manufacturers' collection plans in an attempt
to improve collection rates in accordance with these goals. (Added 2007, No.
149 (Adj. Sess.), § 4; amended 2011, No. 139 (Adj. Sess.), § 51, eff. May 14,