CHAPTER 148
H.P. 136 - L.D. 185
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 30-A MRSA §4452, sub-§5, ¶J, as repealed and replaced by PL 1995, c. 58, §1, is amended to read:
J. Laws pertaining to junkyards, automobile graveyards and automobile recycling businesses and local ordinances regarding junkyards, automobile graveyards and automobile recycling businesses, pursuant to chapter 183, subchapter I 1 and Title 38, section 1665-A, subsection 3.
Sec. 2. 38 MRSA §1661, sub-§6 is enacted to read:
6. Scrap recycling facility. "Scrap recycling facility" means a fixed location where machinery and equipment are used to process and manufacture scrap metal into prepared grades and whose principal product is scrap iron, scrap steel or nonferrous metallic scrap for sale for remelting purposes.
Sec. 3. 38 MRSA §1662, sub-§1, as enacted by PL 1999, c. 779, §2, is amended to read:
1. Labeling required for certain products. Effective January 1, 2002, a manufacturer may not sell at retail in this State or to a retailer in this State, and a retailer may not knowingly sell, a mercury-added product unless the item is labeled pursuant to this subsection. The label must clearly inform the purchaser or consumer that mercury is present in the item and that the item may not be disposed of or placed in a waste stream destined for disposal until the mercury is removed and reused, recycled or otherwise managed to ensure that it does not become part of solid waste or wastewater. Manufacturers shall affix to mercury-added products labels that conform to the requirements of this subsection.
The board shall adopt rules to establish standards for affixing labels to the product and product package. The rules must strive for consistency with labeling programs in other states and provide for approval of alternative compliance plans by the department. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter II-A 2-A.
This subsection does not apply applies to mercury-added lamps effective January 1, 2006, except that it does not apply to products containing mercury-added lamps. The manufacturer of a mercury-added lamp is in compliance with this subsection if the manufacturer labels all mercury-added lamps sold in this State in compliance with similar requirements adopted by another state.
Sec. 4. 38 MRSA §1665-A, sub-§3, as enacted by PL 2001, c. 656, §3, is repealed and the following enacted in its place:
3. Removal of certain mercury components when vehicle use ends. A person may not flatten, crush or bale a motor vehicle for the purpose of sending it to a scrap recycling facility, or arrange for a motor vehicle to be flattened, baled or crushed for that purpose, without first removing all mercury switches and mercury headlamps, except that a scrap recycling facility may agree to accept a motor vehicle that has not been flattened, crushed or baled. If a scrap recycling facility accepts such a motor vehicle, the scrap recycling facility is responsible for removing the mercury switches and mercury headlamps before the vehicle is flattened, crushed, baled or shredded. Upon removal, the components must be collected, stored, transported and otherwise handled in accordance with the universal waste rules adopted by the board under subsection 8.
Sec. 5. 38 MRSA §1665-A, sub-§5, ¶B, as enacted by PL 2001, c. 656, §3, is amended to read:
B. Pay a minimum of $1 $3 for each mercury switch brought to the consolidation facilities as partial compensation for the removal, storage and transport of the switches and a minimum of $4 if the vehicle identification number of the source vehicle must be provided to receive this payment;
Effective September 17, 2005.
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