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Title

10

:
Conservation and Development






Chapter

164

:
COMPREHENSIVE MERCURY MANAGEMENT











 

§

7116. Mercury-containing thermostats

(a) Manufacturer

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

materials.

(B) That

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.

(C) That

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.

(D) That

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.

(G) Mechanisms

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.

(3) Repealed.]

(b) Thermostat

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.

(c) Sales

prohibition. Beginning April 1, 2009, the following sales prohibitions shall

apply to manufacturers, thermostat wholesalers, and thermostat retailers:

(1) A

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.

(d) Agency

responsibilities.

(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

thermostat retailers.

(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

districts.

(3) Registered

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

thermostats.

(4) Education

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

thermostats.

(5) Repealed.]

(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,

2012.)