§ 23-24.9-10 Collection of mercury-addedproducts. – (a) After January 1, 2006, no mercury-added product shall be offered for finalsale or use or distribution for promotional purposes in Rhode Island unless themanufacturer, either on its own or in concert with other persons, hasimplemented a system, after review and approval of the director, for theconvenient and accessible collection of such products when the consumer isfinished with them. Where a mercury-added product is a component of anotherproduct, the collection system must provide for removal and collection of themercury-added component or collection of both the mercury-added component andthe product containing it. Mercury-added components in motor vehicles shall becollected and recycled as provided for in subdivision (b)(2) of this section.
(b) This section shall not apply to the collection ofmercury-added button cell batteries or mercury-added lamps or products wherethe only mercury contained in the product comes from a mercury-added buttoncell battery or a mercury-added lamp; and
(2) Mercury-added components in motor vehicles at end-of-lifeshall be collected and recycled as provided in this subsection. Significant,willful failure to comply with rules and/or regulations to implement theprovisions of this section shall constitute, as may be determined by thedepartment, a violation of the ban established in § 23-24.9-9. No scraprecycling facility or other person that receives a flattened, crushed or baledend-of-life vehicle shall be deemed to be in violation of subdivision23-24.9-10(b)(2) and rules and regulations pursuant thereto or § 23-24.9-9if a mercury switch is found in the vehicle after its acquisition.
For the purposes of subdivision 23-24.9-10(b)(2) thefollowing terms shall have the following meanings: (i) "Capture rate" means theannual removal, collection, and recovery of mercury switches, as a percentageof the total number of mercury switches available for removal from end-of-lifevehicles as determined by the department of environmental management. Capturerate shall not include mercury switches that are inaccessible due tosignificant damage to the motor vehicle in the area where the mercury switch islocated; (ii) "Mercury added component" or "Mercury switch" means amercury-added convenience light switch assembly or capsule from an end-of-lifemotor vehicle; (iii) "Scrap recycling facility" means a fixed location wheremachinery and equipment are utilized for processing and manufacturing scrapmetal into prepared grades and whose principal product is scrap iron, scrapsteal, or nonferrous metallic scrap for sale for remelting purposes; and (iv)"Vehicle recycler" means and individual or entity licensed under the provisionsof § 42-14.2-3 that engages in the business of acquiring, dismantling,parts recycling from, or destroying six (6) or more end-of-life vehicles in acalendar year.
(A) Manufacturers of motor vehicles sold in Rhode Island thatcontain mercury switches shall, individually or collectively, establish andimplement a collection program for mercury switches to achieve a capture rateof not less than fifty percent (50%) for calendar year 2006, and not less thanseventy percent (70%) for calendar year 2007 and each calendar year thereafterthrough calendar year 2017.
(B) The department shall develop, issue, administer andenforce regulation compelling the manufacturers of motor vehicles sold in RhodeIsland that contain mercury switches to undertake a collection program as setforth in this subparagraph, 23-24.9-10(b)(2)(B). The department shall determinethat the capture rate in each year of the program and shall access whether anyfailure to achieve the capture rate was the result of a force-majeure. Thedepartment shall report publicly on or before March 31, each year its findingswith regard to the capture rate during the prior year. The manufacturer ormanufacturers shall pay the total cost of the removal, replacement, collectionand recovery system for mercury switches, under this subparagraph,23-24.9-10(b)(2)(B), to the vehicle recycler or scrap recycling facility thatremoved the switch. The total cost shall include, but not be limited to aminimum of five dollars ($5.00) for each mercury switch removed by a vehiclerecycler or by a scrap recycling facility, as partial compensation for thelabor and other costs incurred in the removal of the mercury switch.
(3) The provisions of subdivision 23-24.9-10(b)(2) shallsatisfy collection programs and disposal requirements for mercury switches forall motor vehicles sold in the state.
§ 23-24.9-10 Collection of mercury-addedproducts. – (a) After January 1, 2006, no mercury-added product shall be offered for finalsale or use or distribution for promotional purposes in Rhode Island unless themanufacturer, either on its own or in concert with other persons, hasimplemented a system, after review and approval of the director, for theconvenient and accessible collection of such products when the consumer isfinished with them. Where a mercury-added product is a component of anotherproduct, the collection system must provide for removal and collection of themercury-added component or collection of both the mercury-added component andthe product containing it. Mercury-added components in motor vehicles shall becollected and recycled as provided for in subdivision (b)(2) of this section.
(b) This section shall not apply to the collection ofmercury-added button cell batteries or mercury-added lamps or products wherethe only mercury contained in the product comes from a mercury-added buttoncell battery or a mercury-added lamp; and
(2) Mercury-added components in motor vehicles at end-of-lifeshall be collected and recycled as provided in this subsection. Significant,willful failure to comply with rules and/or regulations to implement theprovisions of this section shall constitute, as may be determined by thedepartment, a violation of the ban established in § 23-24.9-9. No scraprecycling facility or other person that receives a flattened, crushed or baledend-of-life vehicle shall be deemed to be in violation of subdivision23-24.9-10(b)(2) and rules and regulations pursuant thereto or § 23-24.9-9if a mercury switch is found in the vehicle after its acquisition.
For the purposes of subdivision 23-24.9-10(b)(2) thefollowing terms shall have the following meanings: (i) "Capture rate" means theannual removal, collection, and recovery of mercury switches, as a percentageof the total number of mercury switches available for removal from end-of-lifevehicles as determined by the department of environmental management. Capturerate shall not include mercury switches that are inaccessible due tosignificant damage to the motor vehicle in the area where the mercury switch islocated; (ii) "Mercury added component" or "Mercury switch" means amercury-added convenience light switch assembly or capsule from an end-of-lifemotor vehicle; (iii) "Scrap recycling facility" means a fixed location wheremachinery and equipment are utilized for processing and manufacturing scrapmetal into prepared grades and whose principal product is scrap iron, scrapsteal, or nonferrous metallic scrap for sale for remelting purposes; and (iv)"Vehicle recycler" means and individual or entity licensed under the provisionsof § 42-14.2-3 that engages in the business of acquiring, dismantling,parts recycling from, or destroying six (6) or more end-of-life vehicles in acalendar year.
(A) Manufacturers of motor vehicles sold in Rhode Island thatcontain mercury switches shall, individually or collectively, establish andimplement a collection program for mercury switches to achieve a capture rateof not less than fifty percent (50%) for calendar year 2006, and not less thanseventy percent (70%) for calendar year 2007 and each calendar year thereafterthrough calendar year 2017.
(B) The department shall develop, issue, administer andenforce regulation compelling the manufacturers of motor vehicles sold in RhodeIsland that contain mercury switches to undertake a collection program as setforth in this subparagraph, 23-24.9-10(b)(2)(B). The department shall determinethat the capture rate in each year of the program and shall access whether anyfailure to achieve the capture rate was the result of a force-majeure. Thedepartment shall report publicly on or before March 31, each year its findingswith regard to the capture rate during the prior year. The manufacturer ormanufacturers shall pay the total cost of the removal, replacement, collectionand recovery system for mercury switches, under this subparagraph,23-24.9-10(b)(2)(B), to the vehicle recycler or scrap recycling facility thatremoved the switch. The total cost shall include, but not be limited to aminimum of five dollars ($5.00) for each mercury switch removed by a vehiclerecycler or by a scrap recycling facility, as partial compensation for thelabor and other costs incurred in the removal of the mercury switch.
(3) The provisions of subdivision 23-24.9-10(b)(2) shallsatisfy collection programs and disposal requirements for mercury switches forall motor vehicles sold in the state.
§ 23-24.9-10 Collection of mercury-addedproducts. – (a) After January 1, 2006, no mercury-added product shall be offered for finalsale or use or distribution for promotional purposes in Rhode Island unless themanufacturer, either on its own or in concert with other persons, hasimplemented a system, after review and approval of the director, for theconvenient and accessible collection of such products when the consumer isfinished with them. Where a mercury-added product is a component of anotherproduct, the collection system must provide for removal and collection of themercury-added component or collection of both the mercury-added component andthe product containing it. Mercury-added components in motor vehicles shall becollected and recycled as provided for in subdivision (b)(2) of this section.
(b) This section shall not apply to the collection ofmercury-added button cell batteries or mercury-added lamps or products wherethe only mercury contained in the product comes from a mercury-added buttoncell battery or a mercury-added lamp; and
(2) Mercury-added components in motor vehicles at end-of-lifeshall be collected and recycled as provided in this subsection. Significant,willful failure to comply with rules and/or regulations to implement theprovisions of this section shall constitute, as may be determined by thedepartment, a violation of the ban established in § 23-24.9-9. No scraprecycling facility or other person that receives a flattened, crushed or baledend-of-life vehicle shall be deemed to be in violation of subdivision23-24.9-10(b)(2) and rules and regulations pursuant thereto or § 23-24.9-9if a mercury switch is found in the vehicle after its acquisition.
For the purposes of subdivision 23-24.9-10(b)(2) thefollowing terms shall have the following meanings: (i) "Capture rate" means theannual removal, collection, and recovery of mercury switches, as a percentageof the total number of mercury switches available for removal from end-of-lifevehicles as determined by the department of environmental management. Capturerate shall not include mercury switches that are inaccessible due tosignificant damage to the motor vehicle in the area where the mercury switch islocated; (ii) "Mercury added component" or "Mercury switch" means amercury-added convenience light switch assembly or capsule from an end-of-lifemotor vehicle; (iii) "Scrap recycling facility" means a fixed location wheremachinery and equipment are utilized for processing and manufacturing scrapmetal into prepared grades and whose principal product is scrap iron, scrapsteal, or nonferrous metallic scrap for sale for remelting purposes; and (iv)"Vehicle recycler" means and individual or entity licensed under the provisionsof § 42-14.2-3 that engages in the business of acquiring, dismantling,parts recycling from, or destroying six (6) or more end-of-life vehicles in acalendar year.
(A) Manufacturers of motor vehicles sold in Rhode Island thatcontain mercury switches shall, individually or collectively, establish andimplement a collection program for mercury switches to achieve a capture rateof not less than fifty percent (50%) for calendar year 2006, and not less thanseventy percent (70%) for calendar year 2007 and each calendar year thereafterthrough calendar year 2017.
(B) The department shall develop, issue, administer andenforce regulation compelling the manufacturers of motor vehicles sold in RhodeIsland that contain mercury switches to undertake a collection program as setforth in this subparagraph, 23-24.9-10(b)(2)(B). The department shall determinethat the capture rate in each year of the program and shall access whether anyfailure to achieve the capture rate was the result of a force-majeure. Thedepartment shall report publicly on or before March 31, each year its findingswith regard to the capture rate during the prior year. The manufacturer ormanufacturers shall pay the total cost of the removal, replacement, collectionand recovery system for mercury switches, under this subparagraph,23-24.9-10(b)(2)(B), to the vehicle recycler or scrap recycling facility thatremoved the switch. The total cost shall include, but not be limited to aminimum of five dollars ($5.00) for each mercury switch removed by a vehiclerecycler or by a scrap recycling facility, as partial compensation for thelabor and other costs incurred in the removal of the mercury switch.
(3) The provisions of subdivision 23-24.9-10(b)(2) shallsatisfy collection programs and disposal requirements for mercury switches forall motor vehicles sold in the state.
