Unofficial Copy 2001 Regular Session

M3 1lr0223

 (PRE-FILED)

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By: Delegate Hubbard

Requested: June 21, 2000

Introduced and read first time: January 10, 2001

Assigned to: Environmental Matters

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Committee Report: Favorable with amendments

House action: Adopted

Read second time: March 16, 2001

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CHAPTER 639

1 AN ACT concerning

2 Environment - Mercury and Mercury Products - Sale and Disposal Products

3 that Contain Mercury

4 FOR the purpose of prohibiting a person from selling elemental mercury; prohibiting

5 a manufacturer from selling mercury-added novelties and mercury-added

6 products; prohibiting the disposal of mercury, mercury-added products, and

7 mercury-added novelties on or after a certain date except in a certain manner

8 prohibiting certain persons from selling or providing to consumers certain fever

9 thermometers after a certain date except under certain circumstances;

10 establishing a certain date after which the use of mercury in certain classrooms

11 is prohibited; requiring the Department to provide certain assistance and

12 outreach to schools; declaring certain findings of the General Assembly;

13 requiring the Department of the Environment to adopt certain regulations;

14 providing that a person who violates certain provisions is guilty of a

15 misdemeanor and subject to certain penalties; requiring the Department to

16 implement a certain program; requiring the Department to review the

17 effectiveness of this Act and report to the Governor and General Assembly on

18 certain subjects by a certain date and in a certain manner; repealing provisions

19 governing the disposal and regulation of mercuric oxide batteries; requiring

20 State agencies to give preference to certain products beginning on a certain date

21 and under certain circumstances; authorizing the Board of Public Works to

22 adopt certain regulations; requiring the Children's Environmental Health and

23 Protection Advisory Council to conduct a certain survey and provide a certain

24 report in a certain manner by a certain date; defining terms; and generally

25 relating to the regulation of the disposal of mercury, mercury-added novelties,

26 and mercury-added products mercury and products that contain mercury.

1 BY repealing and reenacting, without amendments,

2 Article - Environment

3 Section 6-901 through 6-903, inclusive, and the subtitle "Subtitle 9. Mercuric

4 Oxide Batteries to be under the amended subtitle "Subtitle 9. Mercury"

5 and the new part "Part I. Mercuric Oxide Batteries"

6 Annotated Code of Maryland

7 (1996 Replacement Volume and 2000 Supplement)

8 BY adding to

9 Article - Environment

10 Section 6-901 through 6-906, inclusive, to be under the new subtitle "Subtitle 9.

11 Mercury and Mercury Products" Section 6-904 through 6-907, inclusive,

12 to be under the new part "Part II. Mercury and Products that Contain

13 Mercury"

14 Annotated Code of Maryland

15 (1996 Replacement Volume and 2000 Supplement)

16 BY adding to

17 Article - State Finance and Procurement

18 Section 14-406

19 Annotated Code of Maryland

20 (1995 Replacement Volume and 2000 Supplement)

21 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF

22 MARYLAND, That the Laws of Maryland read as follows:

23 Article - Environment

24 [Subtitle 9. Mercuric Oxide Batteries MERCURY.] PART I. MERCURIC OXIDE

25 BATTERIES.

26 [6-901.

27 (a) On or after July 1, 1994, a person may not dispose of a mercuric oxide

28 battery except in a manner that the Department approves under regulations adopted

29 by the Department.

30 (b) Any 2 or more manufacturers may develop a joint plan for recycling or

31 disposal of any specified mercuric oxide battery that they manufacture.

32 (c) (1) A manufacturer shall be responsible for the environmentally sound

33 collection, transportation, and recycling or proper disposal, including the cost of these

34 activities, of every used mercuric oxide battery produced by the manufacturer and

35 sold or offered for promotional purposes in the State.

36 (2) Notwithstanding paragraph (1) of this subsection, a retailer or seller

37 may provide for the collection, recycling, or proper disposal of used mercuric oxide

1 batteries through the sale to a refiner or a refiner's agent if the retailer or seller

2 complies with any requirement established by the Department to implement this

3 section.

4 (d) Manufacturers may establish or utilize a trade association or a consortium

5 comprised of members of the dry cell battery industry in order to facilitate compliance

6 with the requirements of this section.

7 (e) A manufacturer shall consult with the Office of Recycling in developing its

8 plan.

9 (f) Each battery management plan submitted by a manufacturer shall

10 include:

11 (1) The designation of the collector, transporter, processor, or collection

12 system to be utilized by the manufacturer, or by the county or municipal corporation,

13 institutional generator, retailer or small quantity generator on behalf of the

14 manufacturer, for the collection, transportation, and recycling or proper disposal of

15 used mercuric oxide batteries in each county;

16 (2) The designation of the funding source or mechanism to be used by the

17 manufacturer to defray the costs of implementing the battery management plan; and

18 (3) A strategy for informing consumers, on any store display promoting

19 the sale or use of the batteries the manufacturer manufactures, that these types of

20 used dry cell batteries may not enter the solid waste stream, and that a convenient

21 mechanism for the collection, transportation, and recycling or proper disposal of these

22 types of used batteries is available to the consumer.]

23 [6-902.

24 A person may not sell, distribute, or offer for sale in this State a mercuric oxide

25 battery unless:

26 (1) The person is a party to a plan approved by the Department under §

27 6-901 of this subtitle; or

28 (2) A retailer or seller has provided for the collection, recycling, or proper

29 disposal of used mercuric oxide batteries through the sale to a refiner or a refiner's

30 agent and the retailer or seller has complied with any requirement established by the

31 Department to implement § 6-901 of this subtitle.]

32 [6-903.

33 A person who violates any provision of this subtitle is guilty of a misdemeanor

34 and on conviction is subject to a fine not exceeding $100 for each violation.]

1 SUBTITLE 9. PART II. MERCURY AND MERCURY PRODUCTS PRODUCTS THAT

2 CONTAIN MERCURY.

3 6-901. 6-904.

4 (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS

5 INDICATED.

6 (B) (1) "MERCURY-ADDED NOVELTY" MEANS A MERCURY-ADDED PRODUCT

7 INTENDED MAINLY FOR PERSONAL OR HOUSEHOLD ENJOYMENT OR ADORNMENT.

8 (2) "MERCURY-ADDED NOVELTY" INCLUDES:

9 (I) ADORNMENTS;

10 (II) CANDLES;

11 (III) CARDS;

12 (IV) FIGURINES;

13 (V) GAMES;

14 (VI) HOLIDAY DECORATIONS;

15 (VII) ITEMS INTENDED FOR USE AS PRACTICAL JOKES;

16 (VIII) ITEMS OF APPAREL, INCLUDING FOOTWEAR;

17 (IX) JEWELRY;

18 (X) ORNAMENTS;

19 (XI) TOYS; AND

20 (XII) YARD STATUES AND FIGURES.

21 (C) (1) "MERCURY-ADDED PRODUCT" MEANS A PRODUCT OR A PRODUCT

22 WITH A COMPONENT THAT CONTAINS ELEMENTAL MERCURY OR A MERCURY

23 COMPOUND ADDED TO THE PRODUCT FOR ANY REASON.

24 (2) "MERCURY-ADDED PRODUCT" INCLUDES:

25 (I) BATTERIES;

26 (II) CLEANSERS;

27 (III) DEGREASERS;

28 (IV) DENTAL AMALGAMS;

29 (V) DYES OR PIGMENTS;

1 (VI) ELECTRIC SWITCHES;

2 (VII) FLUORESCENT LAMPS;

3 (VIII) HOSPITAL EQUIPMENT;

4 (IX) THERMOMETERS; AND

5 (X) THERMOSTATS.

6 6-902.

7 THE GENERAL ASSEMBLY FINDS THAT:

8 (1) MERCURY IS A PERSISTENT AND TOXIC POLLUTANT THAT

9 BIOACCUMULATES IN THE ENVIRONMENT;

10 (2) CONSUMPTION OF MERCURY-CONTAMINATED FISH POSES A

11 SIGNIFICANT HEALTH THREAT;

12 (3) COMBUSTION OF MUNICIPAL AND OTHER SOLID WASTE IS A SOURCE

13 OF MERCURY POLLUTION;

14 (4) BOTH INDUSTRY AND GOVERNMENT ARE WORKING TO REDUCE THE

15 CONTENT OF MERCURY IN PRODUCTS AND TO CONTROL THE RELEASE OF MERCURY

16 INTO THE ENVIRONMENT;

17 (4) (5) ACCIDENTAL MERCURY SPILLS, BREAKAGES, AND RELEASES

18 HAVE OCCURRED AT SCHOOLS IN THE UNITED STATES, EXPOSING STUDENTS,

19 TEACHERS, AND ADMINISTRATORS TO MERCURY EMISSIONS; AND

20 (5) HEALTH CARE, EDUCATIONAL, AND RESEARCH FACILITIES IN THE

21 UNITED STATES HAVE EXPERIENCED EMPLOYEE EXPOSURES TO MERCURY,

22 RESULTING IN SIGNIFICANT COSTS; AND

23 (6) REMOVAL OF MERCURY AND MERCURY CONTAINING PRODUCTS

24 FROM THE WASTE STREAM PRIOR TO COMBUSTION OR DISPOSAL IS AN EFFECTIVE

25 WAY TO REDUCE MERCURY POLLUTION.

26 6-903.

27 (A) A PERSON MAY NOT OFFER FOR SALE, SELL, OR PROVIDE IN THIS STATE

28 ELEMENTAL MERCURY.

29 (B) A MANUFACTURER MAY NOT OFFER FOR SALE, SELL, OR PROVIDE IN THIS

30 STATE:

31 (1) A MERCURY-ADDED NOVELTY; OR

32 (2) A MERCURY-ADDED PRODUCT.

1 6-904. 6-905.

2 (A) ON OR AFTER OCTOBER 1, 2003, A PERSON MAY NOT DISPOSE OF MERCURY,

3 A MERCURY-ADDED NOVELTY, OR A MERCURY-ADDED PRODUCT EXCEPT IN A

4 MANNER THAT THE DEPARTMENT APPROVES UNDER REGULATIONS ADOPTED BY

5 THE DEPARTMENT UNDER THIS SECTION.

6 (A) IN THIS SECTION, "MARKETER" MEANS A PERSON WHO MANUFACTURES,

7 ASSEMBLES, SELLS, DISTRIBUTES, AFFIXES A BRAND NAME OR PRIVATE LABEL TO,

8 OR LICENSES THE USE OF A BRAND NAME ON A FEVER THERMOMETER CONTAINING

9 MERCURY.

10 (B) BEGINNING OCTOBER 1, 2002, A MARKETER MAY NOT SELL OR PROVIDE A

11 FEVER THERMOMETER CONTAINING MERCURY TO A CONSUMER EXCEPT BY

12 PRESCRIPTION.

13 (C) THIS SECTION DOES NOT APPLY TO:

14 (1) FEVER THERMOMETERS SOLD OR PROVIDED TO BE USED IN

15 HOSPITALS OR OTHER PLACES WHERE MEDICAL SERVICES ARE PROVIDED BY

16 MEDICAL SERVICE PROFESSIONALS; OR

17 (2) DIGITAL THERMOMETERS USING MERCURY-ADDED BUTTON CELL

18 BATTERIES.

19 6-906. 

20 (A) BEGINNING OCTOBER 1, 2003, NO PRIMARY OR SECONDARY SCHOOL,

21 EXCEPT FOR A SCHOOL ENGAGED IN VOCATIONAL TRAINING, MAY USE OR

22 PURCHASE FOR USE ELEMENTAL OR CHEMICAL MERCURY IN A PRIMARY OR

23 SECONDARY CLASSROOM.

24 (B) THE DEPARTMENT SHALL PROVIDE OUTREACH ASSISTANCE TO SCHOOLS

25 RELATING TO THE PROPER MANAGEMENT, RECYCLING, AND DISPOSAL OF MERCURY

26 AND MERCURY-ADDED PRODUCTS.

27 (B) THE DEPARTMENT SHALL ADOPT REGULATIONS GOVERNING THE

28 DISPOSAL OF MERCURY, MERCURY-ADDED NOVELTIES, AND MERCURY-ADDED

29 PRODUCTS.

30 6-905.

31 A PERSON WHO VIOLATES ANY PROVISION OF THIS SUBTITLE IS GUILTY OF A

32 MISDEMEANOR AND ON CONVICTION IS SUBJECT TO A FINE NOT EXCEEDING:

33 (1) $100 FOR THE FIRST VIOLATION;

34 (2) $250 FOR THE SECOND VIOLATION; AND

35 (3) $500 FOR THE THIRD AND EACH SUBSEQUENT VIOLATION.

1 6-906. 6-907.

2 (A) THE DEPARTMENT SHALL IMPLEMENT A PUBLIC EDUCATION, OUTREACH,

3 AND ASSISTANCE PROGRAM FOR HOUSEHOLDS, WASTE GENERATORS, LOCAL AND

4 REGIONAL SOLID WASTE MANAGEMENT UNITS, VEHICLE DISMANTLERS,

5 INSTITUTIONS, AND SCHOOLS ON RELATING TO:

6 (1) THE HAZARDS OF MERCURY;

7 (2) THE REQUIREMENTS AND OBLIGATIONS OF PERSONS AND

8 MANUFACTURERS UNDER OF THIS SUBTITLE; AND

9 (3) VOLUNTARY EFFORTS THAT INDIVIDUALS, INSTITUTIONS, AND

10 BUSINESSES CAN UNDERTAKE TO HELP FURTHER REDUCE MERCURY IN THE

11 ENVIRONMENT.

12 (B) THE DEPARTMENT SHALL COOPERATE WITH NEIGHBORING STATES AND

13 REGIONAL ORGANIZATIONS IN THE MID-ATLANTIC AND NORTHEASTERN UNITED

14 STATES ON DEVELOPING OUTREACH, ASSISTANCE, AND EDUCATION PROGRAMS,

15 WHERE APPROPRIATE, ON THE ITEMS COVERED UNDER SUBSECTION (A) OF THIS

16 SECTION.

17 Article - State Finance and Procurement

18 14-406.

19 (A) IN THIS SECTION, "PREFERENCE" INCLUDES:

20 (1) A PERCENTAGE PRICE PREFERENCE; AND

21 (2) ANY OTHER PROVISION THAT FAVORS PRODUCTS OR EQUIPMENT

22 THAT ARE MERCURY FREE OR THAT CONTAIN THE LEAST AMOUNT OF MERCURY

23 NECESSARY TO MEET PRODUCT OR EQUIPMENT PERFORMANCE STANDARDS OVER

24 OTHER PRODUCTS.

25 (B) BEGINNING OCTOBER 1, 2003, ALL STATE AGENCIES SHALL GIVE

26 PREFERENCE TO PRODUCTS AND EQUIPMENT THAT ARE MERCURY FREE OR

27 CONTAIN THE LEAST AMOUNT OF MERCURY NECESSARY TO MEET PRODUCT OR

28 EQUIPMENT PERFORMANCE STANDARDS.

29 (C) THIS SECTION DOES NOT APPLY TO A CONTRACT OR PROCUREMENT

30 AGREEMENT IN EFFECT ON OCTOBER 1, 2001.

31 (D) THE BOARD MAY ADOPT REGULATIONS TO IMPLEMENT THIS SECTION.

32 SECTION 2. AND BE IT FURTHER ENACTED, That:

33 (a) the The Department of the Environment shall report to the Governor, the

34 Senate Economic and Environmental Affairs Committee, and the House

1 Environmental Matters Committee on or before October 1 in 2002, 2003, and 2004 in

2 accordance with § 2-1246 of the State Government Article.

3 (b) The reports required under this section shall: (a)

4 (1) review the effectiveness of this Act; and (b) make any

5 recommendations for changes to this Act to improve efforts to reduce the use of

6 mercury and the incidence of mercury in the waste stream

7 (2) report on legislation enacted in other states to require labeling of

8 mercury and products that contain mercury and to specifically regulate mercury and

9 products containing mercury in the waste stream; and

10 (3) make any recommendations for changes to this Act to improve efforts

11 to reduce the use of mercury and the incidence of mercury in the waste stream.

12 (c) The report required to be submitted on or before October 1, 2003 in this

13 section shall also:

14 (1) include information regarding the products, processes, and

15 components of products and processes that contain mercury and are likely to be

16 disposed of in wastewater, landfills, or incinerators;

17 (2) denominate the contribution of the various sources of mercury in

18 each disposal method; and

19 (3) recommend priorities for the regulation of use and disposal of each

20 source of mercury in order to minimize mercury contamination in the environment.

21 SECTION 3. AND BE IT FURTHER ENACTED, That the Children's

22 Environmental Health and Protection Advisory Council shall, by October 1, 2002:

23 (a) conduct a survey of primary and secondary schools in the State that are

24 regulated under § 6-906 of the Environment Article as enacted by this Act to

25 determine how many schools have elemental or chemical mercury that will be

26 prohibited for use under this Act; and

27 (b) report to the Department of the Environment, the Governor, and, subject

28 to § 2-1246 of the State Government Article, the General Assembly on:

29 (1) the number and location of primary and secondary schools in the

30 State that are regulated under this Act that have elemental or chemical mercury; and

31 (2) any recommendations to create a program to collect the mercury from

32 these schools and dispose of it in accordance with regulations adopted by the

33 Department of the Environment.

34 SECTION 3. 4. AND BE IT FURTHER ENACTED, That this Act shall take

35 effect October 1, 2001.