§ 7107 — Discarded mercury-added products

(a) Management of discarded mercury-added products. After July 1, 2007, discarded mercury-added products, except for mercury-added button cell batteries, products containing mercury-added button cell batteries as their only mercury-added components, and photographic film shall be managed as provided in this section.
(1) Disposal ban. No person shall knowingly dispose of mercury-added products in a solid waste landfill or combustor.
(2) Source separation. Except as otherwise provided by this section, every person who discards solid waste shall separate mercury-added products from that solid waste for management as hazardous waste or universal hazardous waste, according to all applicable State and federal rules or regulations. Any contractor who replaces or removes mercury-added products shall assure that any discarded mercury-added product is subject to proper separation and management as a hazardous waste or universal hazardous waste. Any contractor who replaces a mercury-containing thermostat from a building shall deliver the mercury-containing thermostat to an appropriate collection location for recycling.
(b) Facility requirements. Solid waste transfer, combustion facility, and landfill facility requirements:
(1) Disposal ban. Effective July 1, 2007, the owner and operator of a solid waste landfill, transfer station, or combustion facility shall not knowingly accept for disposal mercury-added products.
(2) Notification of disposal ban. Effective July 1, 2007, solid waste transfer facilities, solid waste combustion facilities, and landfill facilities shall implement the following minimum mechanisms to notify the public and haulers of the disposal ban:
(A) posting of clearly visible and easily read signs at the facility, providing notice of the prohibition of the disposal and combustion of mercury-added products; and
(B) providing customers information about collection programs, and facilities that are permitted to accept mercury-added products.
(c) Collection program.
(1) By December 1, 1998, every solid waste implementation plan of every solid waste management district or municipality having such a plan shall be amended to provide for:
(A) an informational effort to advise the public about labeled mercury-added products; and
(B) a collection program for the collection of mercury-added products identified in subsection (a) of this section.
(2) These amended plans shall be implemented by each solid waste management district or municipality by June 1, 1999. Components of these amended plans that are related to subdivisions (1)(A) and (B) of this subsection shall not be required to receive approval from the Agency of Natural Resources.
(d) Removal of mercury-added components. The Agency shall conduct a study and make recommendations for requirements to remove effectively and feasibly mercury-added components in products prior to disposal or recycling processes. This report shall identify removal and collection systems at public and private solid waste management facilities and salvage businesses, manufacturer-sponsored or operated collection and take-back programs, and other feasible programs. The Agency will identify costs mechanisms for financing such programs. The study shall address removal and collection of mercury-added components in automobiles and the collection of switches, relays, and gauges in home appliances, heating devices, and other equipment. The Agency shall report to the General Assembly no later than January 15, 2006.
(e) Exemption for certain federally regulated products. If a formulated mercury-added product is a cosmetic or pharmaceutical product subject to the federal Food and Drug Administration’s regulatory requirements relating to mercury, the product is exempt from the requirements of this section.
(f) Exemption for solidified latex paint. Formulated mercury-added latex paint solidified for disposal is exempt from the requirements of this section. (Added 2005, No. 13, § 1; amended 2005, No. 117 (Adj. Sess.), § 5; 2007, No. 149 (Adj. Sess.), § 3; 2019, No. 131 (Adj. Sess.), § 45.)