Maine Revised Statutes Title 38 Sec. 1610 – Electronic waste
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(REALLOCATED FROM TITLE 38, SECTION 1609)
(REALLOCATED FROM TITLE 38, SECTION 1609)
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.
The Legislature finds that the purpose of this section is to establish a comprehensive electronics recycling system that ensures the safe and environmentally sound handling, recycling and disposal of electronic products and components and encourages the design of electronic products and components that are less toxic and more recyclable.
The Legislature further finds that it is the purpose of this section to establish an electronics recycling system that is convenient and minimizes cost to the consumer of electronic products and components. It is the intent of the Legislature that manufacturers of electronic products and components will be responsible for ensuring proper handling, recycling and disposal of discarded products and that costs associated with consolidation, handling and recycling be internalized by the manufacturers of electronic products and components before the point of purchase.
The Legislature further finds that the manufacturers of electronic products and components should reduce and, to the extent feasible, ultimately phase out the use of hazardous materials in these products.
The Legislature further finds that a system of shared responsibility for the collection and recycling of covered electronic devices among manufacturers, consolidators, municipalities and other parties is the most effective and equitable means of achieving the purposes of this section. Manufacturers of electronic devices and components, in working to achieve the goals and objectives of this section, should have the flexibility to act in partnership with each other, with state, municipal and regional governments and with businesses that provide collection and handling services to develop, implement and promote a safe and effective electronics recycling system for the State.
[PL 2007, c. 292, §39 (AMD).]
Terms Used In Maine Revised Statutes Title 38 Sec. 1610
- Contract: A legal written agreement that becomes binding when signed.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Month: means a calendar month. See Maine Revised Statutes Title 1 Sec. 72
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72
- Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72
2. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. [PL 2017, c. 391, §1 (RP).]
B. “Consolidation facility” means a facility where electronic wastes are consolidated and temporarily stored while awaiting shipment of at least a 40-foot trailer full of covered electronic devices to a recycling, treatment or disposal facility. “Consolidation facility” includes a transport vehicle owned or leased by a consolidator and used to collect covered electronic devices at collection sites in this State at a cost no greater than the per pound transportation rate for a full 40-foot trailer as approved by the department for each consolidator pursuant to the rules governing reasonable operational costs adopted under subsection 5, paragraph D, subparagraph (1). [PL 2011, c. 250, §2 (AMD).]
B-1. “Consolidator” means a person that provides consolidation and handling services for electronic wastes and that operates at least one consolidation facility. [PL 2007, c. 292, §41 (NEW).]
B-2. “Covered entity” means a household in this State, a business or nonprofit organization exempt from taxation under the United States Internal Revenue Code, Section 501(c)(3) that employs 100 or fewer individuals, a primary school or a secondary school. [PL 2011, c. 250, §3 (NEW).]
C. “Covered electronic device” means a desktop printer, a video game console, a cathode ray tube, a cathode ray tube device, a flat panel display or similar video display device with a screen that is greater than 4 inches measured diagonally and that contains one or more circuit boards. “Covered electronic device” does not include an automobile; a household appliance; a large piece of commercial or industrial equipment, such as commercial medical equipment, that contains a cathode ray tube, a cathode ray tube device, a flat panel display or similar video display device that is contained within, and is not separate from, the larger piece of equipment; other medical devices as that term is defined under the Federal Food, Drug, and Cosmetic Act; or a cellular telephone subject to section 2143. [PL 2017, c. 391, §1 (AMD).]
C-1. “Desktop printer” means a device weighing 100 pounds or less that prints text or illustrations on paper or 3-dimensional objects and that is designed for external use with a desktop or portable computer. “Desktop printer” includes, but is not limited to, a daisy wheel, dot matrix, inkjet, laser, LCD and LED line or thermal printer, including a device that performs other functions in addition to printing such as copying, scanning or transmitting a facsimile. [PL 2017, c. 391, §1 (AMD).]
D. “Manufacturer” means a person who:
(1) Manufactures or has manufactured a covered electronic device under its own brand or label;
(2) Sells or has sold under its own brand or label a covered electronic device produced by other suppliers;
(3) Imports or has imported a covered electronic device into the United States that is manufactured by a person without a presence in the United States; or
(4) Owns a brand that it licenses or licensed to another person for use on a covered electronic device. [PL 2007, c. 292, §42 (AMD).]
D-1. “Market share” means a manufacturer’s national sales of a covered electronic device expressed as a percentage of the total of all manufacturers’ national sales for that category of covered electronic devices. [PL 2009, c. 231, §1 (NEW); PL 2009, c. 231, §7 (AFF).]
E. “Municipal collection site” means a municipally owned solid waste transfer station or recycling center, including a facility owned by a consortium of municipalities or a facility that is under contract with a municipality or consortium of municipalities to provide solid waste management services. [RR 2003, c. 2, §119 (RAL).]
F. [PL 2011, c. 250, §4 (RP).]
G. [PL 2017, c. 391, §1 (RP).]
H. “Recycling” means the use of materials contained in previously manufactured goods as feedstock for new products, but not for energy recovery or energy generation by means of combustion. [RR 2003, c. 2, §119 (RAL).]
I. “Recycling and dismantling facility” means a business that processes covered electronic devices for reuse and recycling. [RR 2003, c. 2, §119 (RAL).]
J. “Retailer” means a person who sells or provides a platform for the sale of a covered electronic device in the State to a consumer. “Retailer” includes, but is not limited to, a manufacturer of a covered electronic device who sells directly to a consumer through any means, including, but not limited to, transactions conducted through sales outlets, catalogs or the Internet, or any similar electronic means, but not including wholesale transactions with a distributor or other retailer. [PL 2017, c. 391, §1 (AMD).]
K. [PL 2017, c. 391, §1 (RP).]
L. “Video game console” means an interactive entertainment computer or electronic device that produces a video display signal that can be used with a display device such as a television or computer monitor to display a video game. [PL 2009, c. 397, §6 (NEW).]
[PL 2017, c. 391, §1 (AMD).]
3. Sales prohibition. Beginning January 1, 2006 the following sales prohibitions apply to manufacturers and retailers.
A. A manufacturer not in compliance with this section is prohibited from offering a covered electronic device for sale in this State. A manufacturer not in compliance with this section shall provide the necessary support to retailers to ensure the manufacturer’s covered electronic devices are not offered for sale in this State. [RR 2003, c. 2, §119 (RAL).]
B. A retailer may not offer for sale in this State a covered electronic device of a manufacturer that is not in compliance with this section. [RR 2003, c. 2, §119 (RAL).]
[RR 2003, c. 2, §119 (RAL).]
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.
[RR 2003, c. 2, §119 (RAL).]
5. Responsibility for recycling. Municipalities, consolidators, manufacturers and the State share responsibility for the disposal of covered electronic devices as provided in this subsection.
A. Each municipality that chooses to participate in the state collection and recycling system shall ensure that covered electronic devices generated as waste from covered entities within that municipality’s jurisdiction are delivered to a consolidation facility in this State. A municipality may meet this requirement through collection at and transportation from a local or regional solid waste transfer station or recycling facility, by contracting with a disposal facility to accept waste directly from the municipality’s residents or through curbside pickup or other convenient collection and transportation system. [PL 2017, c. 391, §2 (AMD).]
A-1. A covered entity may deliver no more than 7 covered electronic devices at one time to a municipal collection site or consolidator collection event, unless the municipal collection site or consolidator is willing to accept additional covered electronic devices. [PL 2011, c. 250, §6 (NEW).]
B. A consolidator is subject to the requirements of this paragraph.
(1-A) A consolidator shall maintain a written log of the total weight of each type of covered electronic device delivered each month to the consolidator and identified as generated by a covered entity in the State. By March 1st each year, a consolidator shall provide this accounting to the department.
(3) A consolidator shall work cooperatively with manufacturers to ensure implementation of a practical and feasible financing system with costs calculated on a basis proportional to the manufacturer’s national market share of each type of covered electronic device sold in the State multiplied by the total pounds recycled. At a minimum, a consolidator shall invoice the manufacturers for the handling, transportation and recycling costs for which they are responsible under the provisions of this subsection.
(4) A consolidator shall transport covered electronic devices to a recycling and dismantling facility that provides a sworn certification pursuant to paragraph C. A consolidator shall maintain for a minimum of 3 years a copy of the sworn certification from each recycling and dismantling facility that receives covered electronic devices from the consolidator and shall provide the department with a copy of these records within 24 hours of request by the department. [PL 2017, c. 391, §2 (AMD).]
C. A recycling and dismantling facility shall provide to a consolidator a sworn certification that its handling, processing, refurbishment and recycling of covered electronic devices meet guidelines for environmentally sound management published by the department. [PL 2007, c. 292, §43 (AMD).]
D. Covered electronic device manufacturers are subject to the requirements of this paragraph.
(1) Manufacturers shall pay the reasonable operational costs of the consolidator attributable to the handling of all covered electronic devices received at consolidation facilities in this State, the transportation costs from the consolidation facility to a licensed recycling and dismantling facility and the costs of recycling. “Reasonable operational costs” includes the costs associated with ensuring that consolidation facilities are geographically located to conveniently serve all areas of the State as determined by the department. The recycling of each type of covered electronic device must be funded by allocating the cost of the program among the manufacturers selling covered electronic devices in the State on a basis proportional to the manufacturer’s national market share of the type of covered electronic device. The department shall annually determine each manufacturer’s recycling share based on readily available national market share data. If the department determines that a manufacturer’s market share is less than 1/10 of 1%, the department may determine that market share de minimus. A manufacturer whose market share is determined de minimus by the department is not responsible for payment of a pro rata share for the corresponding billing year. The total market shares determined de minimus by the department must be proportionally allocated to and paid for by the manufacturers that have 1/10 of 1% or more of the market of each type of covered electronic device.
(2) Each manufacturer shall work cooperatively with consolidators to ensure implementation of a practical and feasible financing system. Within 90 days of receipt of an invoice, a manufacturer shall reimburse a consolidator for allowable costs incurred by that consolidator. [PL 2017, c. 391, §2 (AMD).]
E. Annually by January 1st the department shall provide manufacturers and consolidators with a listing of each manufacturer’s proportional market share responsibility for the recycling of covered electronic devices for the subsequent calendar year. [PL 2017, c. 391, §2 (AMD).]
[PL 2017, c. 391, §2 (AMD).]
6. Manufacturer plan and reporting requirements.
[PL 2009, c. 397, §8 (RP); PL 2009, c. 397, §14 (AFF).]
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:
A. The name, contact and billing information of the manufacturer; [PL 2009, c. 397, §9 (NEW); PL 2009, c. 397, §14 (AFF).]
B. The manufacturer’s brand name or names and the type of covered electronic device on which each brand is used, including:
(1) All brands sold in the State in the preceding calendar year; and
(2) All brands currently being sold in the State; [PL 2017, c. 391, §3 (AMD).]
C. When a word or phrase is used as the label, the manufacturer must include that word or phrase and a general description of the ways in which it may appear on the manufacturer’s electronic products; [PL 2009, c. 397, §9 (NEW); PL 2009, c. 397, §14 (AFF).]
D. When a logo, mark or image is used as a label, the manufacturer must include a graphic representation of the logo, mark or image and a general description of the logo, mark or image as it appears on the manufacturer’s electronic products; [PL 2009, c. 397, §9 (NEW); PL 2009, c. 397, §14 (AFF).]
E. The method or methods of sale used in the State; [PL 2009, c. 397, §9 (NEW); PL 2009, c. 397, §14 (AFF).]
F. Annual national sales data on the weight, number and type of covered electronic devices sold by the manufacturer in this State over the 5 years preceding the filing of the plan. The department may keep information submitted pursuant to this paragraph confidential as provided under section 1310?B; [PL 2017, c. 391, §3 (AMD).]
G. The manufacturer’s consolidator handling option for the next calendar year, as selected in accordance with rules adopted pursuant to subsection 10; and [PL 2011, c. 250, §9 (AMD).]
H. A registration fee paid by a manufacturer as follows:
(1) Seven hundred and fifty dollars for manufacturers with less than 0.1% national market share as determined by the department based on the most recent readily available national market share data; and
(2) Three thousand dollars for all other manufacturers. [PL 2017, c. 391, §3 (AMD).]
A manufacturer’s annual registration filed subsequent to its initial registration must clearly delineate any changes in information from the previous year’s registration. Whenever there is any change to the information on the manufacturer’s registration, the manufacturer shall submit an updated form within 14 days of the change. Registration fees collected by the department pursuant to this subsection must be deposited in the Maine Environmental Protection Fund established in section 351.
[PL 2017, c. 391, §3 (AMD).]
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.
The Attorney General is authorized to commence a civil action against any manufacturer to recover the costs described in this subsection, which are in addition to any fines and penalties established pursuant to section 349. Any money received by the State pursuant to this subsection must be deposited in the Maine Solid Waste Management Fund established in section 2201.
[PL 2017, c. 391, §4 (AMD).]
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.
[PL 2011, c. 250, §10 (AMD).]
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.
[RR 2003, c. 2, §119 (RAL).]
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.
[PL 2017, c. 391, §5 (AMD).]
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.
[PL 2009, c. 397, §12 (NEW).]
SECTION HISTORY
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).