The Vermont Statutes Online

Title 10: Conservation and Development

Chapter 164A: Collection and Disposal of Mercury-Containing Lamps

• § 7151. Definitions

  As used in this chapter:

  (1) “Agency” means the Agency of Natural Resources.

  (2) “Covered entity” means any person who presents to a collection facility that is included in an approved plan:

  (A) any number of compact fluorescent mercury-containing lamps; or

  (B) 10 or fewer mercury-containing lamps that are not compact fluorescent lamps.

  (3) “Lamp” means an electric lamp, including mercury-containing lamps, incandescent lamps, halogen lamps, and light-emitting diode lamps.

  (4) “Manufacturer” means a person who:

  (A) manufactures or manufactured a mercury-containing lamp under its own brand or label for sale in the State;

  (B) sells in the State under its own brand or label a mercury-containing lamp produced by another supplier;

  (C) owns a brand that it licenses or licensed to another person for use on a mercury-containing lamp sold in the State;

  (D) imports into the United States for sale in the State a mercury-containing lamp manufactured by a person without a presence in the United States;

  (E) manufactures a mercury-containing lamp for sale in the State without affixing a brand name; or

  (F) assumes the responsibilities, obligations, and liabilities of a manufacturer as defined under subdivisions (A) through (E) of this subdivision (4), provided that the Secretary may enforce the requirements of this chapter against a manufacturer defined under subdivisions (A) through (E) of this subdivision (4) if a person who assumes the manufacturer’s responsibilities fails to comply with the requirements of this chapter.

  (5) “Mercury-containing lamp” means a general purpose lamp to which mercury is intentionally added during the manufacturing process. “Mercury-containing lamp” does not mean a lamp used for medical, disinfection, treatment, or industrial purposes.

  (6) “Program year” means the period from July 1 through June 30.

  (7) “Retailer” means a person who sells a mercury-containing lamp to a person in the State through any means, including a sales outlet, a catalogue, the telephone, the Internet, or any electronic means.

  (8) “Secretary” means the Secretary of Natural Resources.

  (9) “Sell” or “sale” means any transfer for consideration of title or of the right to use by lease or sales contract a mercury-containing lamp to a person in the State of Vermont. “Sell” or “sale” does not include the sale, resale, lease, or transfer of a used mercury-containing lamp or a manufacturer’s or a distributor’s wholesale transaction with a distributor or a retailer.

  (10) “Stewardship organization” means an organization, association, or entity that has developed a system, method, or other mechanism which assumes the responsibilities, obligations, and liabilities under this chapter of multiple manufacturers of mercury-containing lamps. (Added 2011, No. 36, § 2, eff. May 19, 2011.)

• § 7152. Sale of mercury-containing lamps; stewardship organization registration

  (a) Sale prohibited. Beginning on July 1, 2012, except as set forth under section 7155 of this title, a manufacturer of a mercury-containing lamp shall not sell, offer for sale, or deliver to a retailer for subsequent sale a mercury-containing lamp unless all of the following have been met:

  (1) The manufacturer is implementing an approved collection plan.

  (2) The manufacturer has paid the fee under section 7158 of this title.

  (3) The name of the manufacturer and the manufacturer’s brand are designated on the Agency of Natural Resources’ website as covered by an approved plan.

  (4) The manufacturer has submitted an annual report under section 7153 of this title.

  (5) The manufacturer has conducted a plan audit consistent with the requirements of subsection 7153(b) of this title.

  (6) The manufacturer has demonstrated that no alternative non-mercury energy efficient lamp is available that provides the same or better overall performance at a cost equal to or better than the classes of lamps that the manufacturer proposes to sell.

  (b) Stewardship organization registration requirements.

  (1) Beginning January 1, 2012 and annually thereafter, a stewardship organization shall file a registration form with the Secretary. The Secretary shall provide the registration form to a stewardship organization. The registration form shall include:

  (A) a list of the manufacturers participating in the stewardship organization;

  (B) the name, address, and contact information of a person responsible for ensuring the manufacturer’s compliance with this chapter;

  (C) a description of how the stewardship organization meets the requirements of subsection 7155(b) of this title, including any reasonable requirements for participation in the stewardship organization; and

  (D) the name, address, and contact information of a person for a nonmember manufacturer to contact on how to participate in the stewardship organization to satisfy the requirements of this chapter.

  (2) A renewal of a registration without changes may be accomplished through notifying the Agency of Natural Resources on a form provided by the Agency. (Added 2011, No. 36, § 2, eff. May 19, 2011.)

• § 7153. Annual report; plan audit

  (a) Annual report. At the end of each program year, a manufacturer of a mercury-containing lamp shall submit an annual report to the Secretary that contains the following:

  (1) A description of the collection program.

  (2) The number and type of mercury-containing lamps collected and the collection facility from which the lamps were collected.

  (3) An estimate of the number of mercury-containing lamps available for collection and the methodology used to develop this number. Sales data and other confidential business information provided under this section shall not be subject to inspection and review pursuant to 1 V.S.A. chapter 5, subchapter 3 (access to public records). Confidential information shall be redacted from any final public report.

  (4) The steps that the manufacturer has taken during the past program year to improve the collection rate and life cycle performance of mercury-containing lamps.

  (b) Plan audit. Once every five years, the manufacturer shall hire an independent third party to audit the plan and plan operation. The auditor shall examine the effectiveness of the program in collecting and disposing of mercury-containing lamps. The auditor shall examine the cost-effectiveness of the program and compare it to that of collection programs for mercury-containing lamps in other jurisdictions. The auditor shall make recommendations to the Secretary on ways to increase program efficacy and cost-effectiveness. (Added 2011, No. 36, § 2, eff. May 19, 2011.)

• § 7154. Collection plans

  (a) Collection plan required. Prior to February 1, 2012, a manufacturer, individually or as a participant in a stewardship organization, shall submit a collection plan to the Secretary for review.

  (1) Free collection of mercury-containing lamps. The collection program shall provide for free collection of mercury-containing lamps from covered entities. A manufacturer shall accept all mercury-containing lamps collected from a covered entity and shall not refuse the collection of a mercury-containing lamp based on the brand or manufacturer of the mercury-containing lamp. The collection program shall also provide for the payment of the costs for recycling and transportation from a collection facility to a recycler.

  (2) Convenient collection location. The manufacturer shall develop a collection program that:

  (A) allows all municipal collection locations and all retailers that sell mercury-containing lamps to opt to be a collection facility; and

  (B) at a minimum, has not less than two collection facilities in each county.

  (3) Public education and outreach. The collection plan shall include an education and outreach program that may include media advertising, retail displays, articles in trade and other journals and publications, and other public educational efforts. At a minimum, the education and outreach program shall notify the public of the following:

  (A) that there is a free collection program for mercury-containing lamps;

  (B) the location of collection points and how a covered entity can access this collection program; and

  (C) the special handling considerations associated with mercury-containing lamps.

  (4) Compliance with appropriate environmental standards. In implementing a collection plan, a manufacturer shall comply with all applicable laws related to the collection, transportation, and disposal of mercury-containing lamps. A manufacturer shall comply with any special handling or disposal standards established by the Secretary for a mercury-containing lamp or for the collection plan of the manufacturer.

  (b) Term of collection plan. A collection plan approved by the Secretary under section 7156 of this title shall have a term not to exceed five years, provided that the manufacturer remains in compliance with the requirements of this chapter and the terms of the approved plan. (Added 2011, No. 36, § 2, eff. May 19, 2011.)

• § 7155. Stewardship organizations

  (a) Participation in a stewardship organization. A manufacturer may meet the requirements of this chapter by participating in a stewardship organization that undertakes the manufacturer’s responsibilities under sections 7152, 7153, and 7154 of this title.

  (b) Qualifications for a stewardship organization. To qualify as a stewardship organization under this chapter, an organization shall:

  (1) commit to assume the responsibilities, obligations, and liabilities of all manufacturers participating in the stewardship organization;

  (2) represent at least 45 percent of the market share of mercury-containing lamps sold in the State;

  (3) not create unreasonable barriers for participation in the stewardship organization; and

  (4) maintain a public website that lists all manufacturers and manufacturers’ brands covered by the stewardship organization’s approved collection plan.

  (c) Exemption from antitrust provisions. A stewardship organization and manufacturers participating in a stewardship organization subject to the requirements of this chapter may engage in anticompetitive conduct to the extent necessary to develop and implement the collection plan required by this chapter. A stewardship organization or a manufacturer participating within a stewardship organization that is engaged in anticompetitive conduct under this subsection shall be immune from liability for conduct under State laws relating to antitrust, restraint of trade, unfair trade practices, and other regulation of trade or commerce if the stewardship organization is exercising due diligence to comply with the requirements of this chapter. (Added 2011, No. 36, § 2, eff. May 19, 2011.)

• § 7156. Agency responsibilities

  (a) Review and approve collection plans. The Secretary shall review and approve or deny collection plans submitted under section 7154 of this title. The Secretary shall approve a collection plan if the Secretary finds that the plan:

  (1) complies with the requirements of subsection 7154(a) of this title;

  (2) provides adequate notice to the public of the collection opportunities available for mercury-containing lamps;

  (3) ensures that collection of mercury-containing lamps will occur in an environmentally sound fashion that is consistent with the law or with any special handling requirements adopted by the Secretary;

  (4) promotes the collection and disposal of mercury-containing lamps.

  (b) Plan amendment. The Secretary, in his or her discretion or at the request of a manufacturer or a stewardship organization, may require a manufacturer or a stewardship organization to amend an approved plan. Plan amendments shall be subject to the public input provisions of subsection (c) of this section.

  (c) Procedure. Before approving a collection plan under this chapter, the Secretary shall proceed in accordance with chapter 170 of this title.

  (d) Registrations. The Secretary shall accept, review, and approve or deny registrations required by this chapter. The Secretary may revoke a registration of a stewardship organization for actions that are unreasonable, unnecessary, or contrary to the requirements or the policy of this chapter.

  (e) Supervisory capacity. The Secretary shall act in a supervisory capacity over the actions of a stewardship organization registered under this section. In acting in this capacity, the Secretary shall review the actions of the stewardship organization to ensure that they are reasonable, necessary, and limited to carrying out requirements of and policy established by this chapter.

  (f) Special handling requirements. The Secretary may adopt, by rule, special handling requirements for the collection, transport, and disposal of mercury-containing lamps.

  (g) Approved plans; Internet posting. The Secretary shall post on the agency website all manufacturers and manufacturers’ brands that are covered under an approved plan. For stewardship organizations, the Agency may link to the list of manufacturers and manufacturers’ brands on the stewardship organization’s website. (Added 2011, No. 36, § 2, eff. May 19, 2011; amended 2015, No. 150 (Adj. Sess.), § 29, eff. Jan. 1, 2018.)

• § 7157. Retailer obligations

  (a) Sale prohibited. Except as set forth under subsection (b) of this section, beginning July 1, 2012, no retailer shall sell or offer for sale a mercury-containing lamp unless the retailer has reviewed the Agency website required in subsection 7156(g) of this title to determine that the manufacturer of the mercury-containing lamp is implementing an approved collection plan or is a member of a stewardship organization.

  (b) Inventory exception; expiration or revocation of manufacturer registration. A retailer shall not be responsible for an unlawful sale of a mercury-containing lamp under this subsection if:

  (1) the retailer purchased the mercury-containing lamp prior to July 1, 2012; or

  (2) the manufacturer’s collection plan expired or was revoked, and the retailer took possession of the in-store inventory of mercury-containing lamps prior to the expiration or revocation of the manufacturer’s collection plan. (Added 2011, No. 36, § 2, eff. May 19, 2011.)

• § 7158. Fees; disposition

  (a) A manufacturer or stewardship organization shall pay $2,000.00 annually for operation under a collection plan approved by the Secretary under section 7156 of this title.

  (b) The fees collected under subsection (a) of this section shall be deposited in the Environmental Permit Fund established under 3 V.S.A. § 2805. The Agency shall utilize no more than $20,000.00 annually of the fees collected under subsection (a) for the performance of its responsibilities under section 7156 of this title. (Added 2011, No. 36, § 2, eff. May 19, 2011.)

• § 7159. Mercury content standards

  (a) Mercury content standards for lamps. Beginning January 1, 2013, a mercury-containing lamp sold in this State shall satisfy the mercury-content standard for lamps set by California.

  (b) Rulemaking; implementation. The Agency of Natural Resources may adopt rules to implement the requirements of this chapter, including exemptions from the mercury content standards established under subsection (a) of this section.

  (c) Certificate of compliance.

  (1) Beginning April 1, 2013, the Secretary may request a manufacturer of a lamp or lamps to submit a certification, supported by technical information, that the manufacturer’s lamp or lamps that are sold or offered for sale in the State comply with the standard established under subsection (a) of this section. A manufacturer shall submit a certificate of compliance within 30 days of the Secretary’s request. If a manufacturer fails to provide a requested certification within 30 days of the request, the manufacturer shall be prohibited from selling lamps or offering lamps for sale in the State.

  (2) Upon request of a retailer or other person selling a manufacturer’s lamps, a manufacturer shall provide a certification that the manufacturer’s lamp or lamps comply with the standard established under subsection (a) of this section. A manufacturer shall provide a certificate of compliance within 30 days of the retailer’s request. The certification must specify that the lamp or lamps are not prohibited from sale in the State. If a manufacturer fails to provide a certification under this subdivision (c)(2), the manufacturer shall be prohibited from selling lamps or offering lamps for sale in the State. (Added 2011, No. 36, § 2, eff. May 19, 2011.)

• § 7160. Other disposal programs

  A municipality or other public agency may not require covered entities to use public facilities to dispose of mercury-containing lamps to the exclusion of other lawful programs available. A municipality and other public agencies are encouraged to work with manufacturers to assist them in meeting their collection and disposal obligations under this chapter. Nothing in this chapter prohibits or restricts the operation of any program collecting and disposing of mercury-containing lamps in addition to those provided by manufacturers or prohibits or restricts any persons from receiving, collecting, transporting, or disposing of mercury-containing lamps, provided that all other applicable laws are met. (Added 2011, No. 36, § 2, eff. May 19, 2011.)

• § 7161. Continued implementation of approved collection plan

  (a) Notwithstanding application of the requirements of this chapter to manufacturers of mercury containing lamps who sell, offer for sale, or deliver for subsequent sale in the State, a manufacturer that sold, offered for sale, or delivered mercury containing lamps for subsequent sale in the State prior to January 1, 2024 shall be required to continue implementation of an approved collection plan and to continue compliance with the requirements under this chapter.

  (b) Beginning on January 15, 2025, and biennially thereafter, the Secretary of Natural Resources shall recommend to the House Committee on Environment and Energy and the Senate Committee on Natural Resources and Energy whether the General Assembly should continue to require implementation of a collection plan by manufacturers under subsection (a) of this section. The Secretary may include the recommendation required by this subsection in the biennial report on solid waste required under subsection 6004(b) of this title. (Added 2021, No. 120 (Adj. Sess.), § 4, eff. July 1, 2022.)