§ 6030.6. Collection and recycling programs
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and SafetyEffective: December 8, 2008
Effective: December 8, 2008
35 P.S. § 6030.6
§ 6030.6. Collection and recycling programs
(1) Each manufacturer of mercury thermostats that have been sold in this Commonwealth shall, individually or collectively, establish and maintain a department-approved collection and recycling program for out-of-service mercury thermostats from wholesalers, contractors and retailers, service technicians and homeowners.
(ii) There is no direct cost to contractors, service technicians or homeowners for participating in the program, except that wholesalers, contractors and retailers may be assessed a nominal administrative fee to offset the cost of each collection bin for each collection location for out-of-service thermostats.
(vi) The handling and recycling of mercury thermostats is accomplished in a manner compliant with section 51 and all other applicable Federal, State and local requirements.
(2) A wholesaler, retailer or contractor may meet the requirements of this subsection by participating as a collection site in a manufacturer collection program as described under subsection (a) or by collecting thermostats that contain mercury and managing the collected thermostats in accordance with applicable Federal and State universal waste rules.
(4) A retailer or contractor that sells thermostats, but chooses not to act as a collection site or participate in a manufacturer collection program as a collection site, shall provide notice to consumers that recycling of mercury thermostats is required under Pennsylvania law, and the notice shall include the specific names and locations of any collection sites within reasonably close proximity that recycle mercury thermostats.
(1) Each manufacturer shall submit to the department for review and approval the collection and recycling program required under subsection (a) no later than 180 days after the effective date of this section. The proposed collection and recycling program may include appropriate enhancements to an existing program or a new program.
(2) Within 30 days after receipt of a manufacturer's proposed collection and recycling program, the department shall issue a public notice of the availability of the proposal and solicit public comment for 30 calendar days. Within 90 days after receipt of a proposal, the department shall approve, conditionally approve or disapprove the proposed collection and recycling program.
(5) Within 30 days after receipt of a manufacturer's revised collection and recycling program, the department shall issue a public notice of the availability of the revised proposal and solicit public comments for 30 calendar days. Within 90 days after receipt of a proposal, the department shall approve, conditionally approve or disapprove the proposed collection and recycling program.
(7) In conducting its duties under this subsection, the department shall take into account the experience of thermostat collection programs in other states. The department shall approve a manufacturer's proposed collection and recycling program if it contains terms and conditions sufficient for the department to conclude that the proposed program will substantially improve and sustain mercury thermostat collection and recycling in this Commonwealth.
(d) Safe management and recycling program.--The department shall provide education and outreach to business, local government, schools and the public on proper management of mercury thermostats and other products containing mercury, including a listing of department-approved collection sites. A list of department-approved collection sites shall also be distributed to wholesalers, retailers and contractors or made available on the department's Internet website.
(3) In conjunction with the manufacturer, the department may alter any and all elements of the previously approved manufacturer collection and recycling program, including, but not limited to, the number and location of the collection points and collection goals and means to achieve established goals, provided alterations are not inconsistent with the requirements of this and other applicable laws.
2008, Oct. 9, P.L. 1346, No. 97, § 6, effective in 60 days [Dec. 8, 2008].
35 P.S. § 6030.5.
35 P.S. § 6030.6, PA ST 35 P.S. § 6030.6
Current through 2023 Regular Session Act 1. Some statute sections may be more current, see credits for details.
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