1.Findings; purpose.
The Legislature finds that the establishment of a system to provide for the collection and recycling of electronic devices in this State is consistent with its duty to protect the health, safety and welfare of its citizens, enhance and maintain the quality of the environment, conserve natural resources and prevent air, water and land pollution. The Legislature further finds that such a system is consistent with the overall state solid waste management policy including its intent to pursue and implement an integrated approach to solid waste management and to aggressively promote waste reduction, reuse and recycling as the preferred methods of waste management.
2.Definitions.
As used in this section, unless the context otherwise indicates, the following terms have the
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1.
Findings; purpose.
The Legislature finds that the establishment of a system to provide for the collection and recycling of electronic devices in this State is consistent with its duty to protect the health, safety and welfare of its citizens, enhance and maintain the quality of the environment, conserve natural resources and prevent air, water and land pollution. The Legislature further finds that such a system is consistent with the overall state solid waste management policy including its intent to pursue and implement an integrated approach to solid waste management and to aggressively promote waste reduction, reuse and recycling as the preferred methods of waste management.
2.
Definitions.
As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
3.
Sales prohibition.
Beginning January 1, 2006 the following sales prohibitions apply to manufacturers and retailers.
4.
Manufacturer label required.
Beginning January 1, 2005, a manufacturer may not offer for sale in this State a covered electronic device unless a visible, permanent label clearly identifying the manufacturer of that device is affixed to it.
5.
Responsibility for recycling.
Municipalities, consolidators, manufacturers and the State share responsibility for the disposal of covered electronic devices as provided in this subsection.
6.
Manufacturer plan and reporting requirements.
6-A.
Manufacturer registration.
Prior to offering a covered electronic device and by April 1st annually, a manufacturer that offers or has offered within the preceding calendar year a covered electronic device for sale in or into this State shall submit a registration to the department. The annual registration must include:
7.
Enforcement; cost recovery.
The department must enforce this section in accordance with the provisions of sections 347‑A and 349. If a manufacturer fails to pay for the costs allocated to it pursuant to subsection 5, paragraph D, subparagraph (1), the department may pay a consolidator its legitimate costs from the Maine Solid Waste Management Fund established in section 2201 and seek cost recovery from the nonpaying manufacturer. Any nonpaying manufacturer is liable to the State for costs incurred by the State in an amount up to 3 times the amount incurred as a result of such failure to comply.
8.
Reports to Legislature.
The department shall submit a report on the recycling of electronic waste in the State to the joint standing committee of the Legislature having jurisdiction over natural resources matters as part of each product stewardship report submitted in accordance with section 1772. The report may include an evaluation of the recycling rates in the State for covered electronic devices and recommendations for any changes to the system of collection and recycling of electronic devices in the State.
9.
State procurement.
All vendors of electronic devices to the State shall provide take-back and management services for their products at the end of life of those products and must be in compliance with all the requirements of this section. Vendors shall provide assurances that all take-back and management services will operate in compliance with all applicable environmental laws. Purchasing preference must be given to electronic devices that incorporate design for the preservation of the environment.
10.
Rulemaking.
The department shall adopt routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A as necessary to implement, administer and enforce this chapter. The rules must identify the criteria that consolidators must use to determine reasonable operational costs attributable to the handling of covered electronic devices.
11.
Interstate clearinghouse for electronic waste.
The department may participate in the establishment and implementation of a regional multistate organization or compact to assist in carrying out the requirements of this chapter.
RR 2003, c. 2, §119 (RAL). PL 2005, c. 330, §§37-40 (AMD). PL 2005, c. 561, §8 (AMD). PL 2007, c. 292, §§39-44 (AMD). PL 2009, c. 231, §§1-5 (AMD). PL 2009, c. 231, §7 (AFF). PL 2009, c. 397, §§2-12 (AMD). PL 2009, c. 397, §14 (AFF). PL 2011, c. 250, §§2-10 (AMD). PL 2017, c. 391, §§1-5 (AMD).