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The Vermont Statutes Online
Title
10
:
Conservation and Development
Chapter
164
:
COMPREHENSIVE MERCURY MANAGEMENT
§
7110. Mercury-added products used in dental procedures
(a) Dental
amalgam, a formulated mercury-added product, shall not be regulated by any
other sections of this chapter.
(b) Vermont
dental offices and vocational dental education programs shall use and instruct
on the use of best management practices to minimize the presence of elemental
mercury, unused amalgam, and waste amalgam in their wastewater discharge and in
their solid waste. The agency shall develop best management practices that
include a requirement for an amalgam removal efficiency of at least 95 percent.
The required best management practices shall be defined by a procedure of the
agency by January 1, 2006, including reporting requirements to verify
compliance with best management practices. The agency shall consult with the
Vermont state dental society and other interested parties during the
development of best management practices. Dental offices shall comply with best
management practices.
(c) No later
than January 1, 2007, a dental office that in the course of treating its
patients places or removes dental amalgam must install an amalgam separator
system in the wastewater discharge line. For the purposes of this section, an
amalgam separator system means a device that removes dental amalgam from the
waste stream prior to discharge into either the local public wastewater system
or a private septic system located at the dental facility and that has been
certified as conforming to the standards of ISO 11143, Dental Equipment-Amalgam
Separators. A dental office must demonstrate proper installation, operation,
maintenance, and amalgam waste recycling or disposal in accordance with the
manufacturer's recommendations by maintaining annual records on waste shipment
and maintenance of the system and any other reporting required in subsection
(b) of this section. Records of the previous three years shall be maintained at
all times. Methods or technologies other than amalgam separators that achieve
equivalent or greater dental amalgam discharge reductions and that are approved
by the agency shall be deemed to comply with the requirements of this
subsection.
(d) Exemptions.
(1) The
following categories of dental offices are exempt from the requirement to
install an amalgam separator:
(A)
Orthodontists;
(B)
Periodontists;
(C)
Endodontists;
(D) Oral and
maxillofacial surgeons;
(E) A dental
office that is scheduled to no longer be used as a dental office after July 1,
2007;
(F) Any other
dental office that does not place or remove amalgam.
(2) A dental office
in subdivision (1) of this subsection shall be exempt only if all dentists
practicing at the site using a shared vacuum system qualify for an exemption.
(e) The agency
shall conduct a survey of dental offices once every five years, beginning July
1, 2006, to ascertain the use of dental amalgam. The survey results shall be
provided to the advisory committee on mercury pollution for inclusion in their
report to the general assembly. The agency shall consult with the Vermont state
dental society for assistance in conducting the survey.
(f) For the
purposes of this section:
(1) "Dental
amalgam" or "amalgam" means a mixture of mercury and silver
alloy that forms a hard solid metal dental restorative material. For purposes
of this section, dental amalgam or amalgam shall include mercury and silver
alloy precapsulated and ready for mixing.
(2) "Dental
office" means any dental clinic, dental office, or dental practice. (Added
2005, No. 13, § 1.)