Section 6030.6 - Collection and recycling programs(a) Manufacturer 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.(2) The program shall be developed in a manner that ensures to the maximum extent that: (i) The capture of out-of-service mercury thermostats is maximized.(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.(iii) Information and education on proper management and recycling of mercury thermostats are provided to contractors, service technicians, wholesalers, retailers, institutions and homeowners to encourage the return of out-of-service thermostats at established recycling collection points.(iv) The purchase of mercury-free programmable thermostats qualified by the Environmental Protection Agency's Energy Star program as replacements for mercury thermostats is encouraged.(v) Mechanisms are in place to protect against the fraudulent return of thermostats.(vi) The handling and recycling of mercury thermostats is accomplished in a manner compliant with section 5 and all other applicable Federal, State and local requirements.(vii) The program otherwise implements all aspects of the collection program as instructed by the department.(b) Wholesaler and retailer participation.--(1) Beginning one year after the effective date of this section, except as provided for in paragraph (4), a wholesaler or retailer may not sell a thermostat in this Commonwealth unless the wholesaler, retailer or contractor acts as a collection site for thermostats that contain mercury.(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.(3) A wholesaler or retailer acting as a collection site shall provide visible signage at the site about the collection and recycling of mercury thermostats.(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.(c) Department oversight.--(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.(3) If the proposed collection and recycling program is approved, with or without conditions, the manufacturer or manufacturers shall begin implementing the program within 90 days after receipt of approval.(4) If the entire proposed collection and recycling program is not approved, the department shall inform the manufacturer as to the reasons for the disapproval. The manufacturer shall have 30 days thereafter to submit a revised plan.(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.(6) If the revised collection and recycling program is not approved, the manufacturer shall be considered out of compliance for the purposes of subsection (b) beginning on the date the revised plan is disapproved by the department.(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.(e) Reporting.--(1) Each manufacturer with an approved collection and recycling program shall submit an annual report to the department by June 1 of each year that includes: (i) The number of mercury thermostats collected and recycled by the manufacturer pursuant to this act during the previous year.(ii) The estimated total amount of mercury contained in the mercury components collected by the manufacturer pursuant to this act during the previous year.(iii) An evaluation of the effectiveness of the manufacturer's collection and recycling program and any recommendations for improvements, including modifications to the program.(iv) Collection goals which shall be established to ensure an increase in the number of mercury thermostats collected each year until 2015 or a time that the department determines that the number of in-service thermostats is steadily declining as a result of the ban on sales and installation.(2) Within 90 days after receipt of the manufacturer's annual reports, the department shall publish information in its Internet website about the collection and recycling of mercury thermostats in this Commonwealth. This information shall include: (i) A description of the collection and recycling program established under this act.(ii) Collection goals and data on actual collection rates.(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.(4) The Secretary of Environmental Protection may discontinue the requirement for the annual report pursuant to this subsection on finding that mercury thermostats no longer pose a threat to the environment and to public health.2008, Oct. 9, P.L. 1346, No. 97, §6, effective in 60 days [ 12/8/2008].