10/20/2014 The Vermont Statutes Online

http://www.leg.state.vt.us/statutes/fullsection.cfm?Title=10&Chapter=164&Section=07110 1/2

The Vermont Statutes Online

Title 10: Conservation and Development

Chapter 164: COMPREHENSIVE MERCURY MANAGEMENT

10 V.S.A. § 7110. Mercury-added products used in dental procedures

§ 7110. Mercury-added products used in dental procedures

(a) Dental amalgam, a formulated mercury-added product, shall not be regulated by any

other sections of this chapter.

(b) Vermont dental offices and vocational dental education programs shall use and

instruct on the use of best management practices to minimize the presence of elemental

mercury, unused amalgam, and waste amalgam in their wastewater discharge and in their

solid waste. The agency shall develop best management practices that include a requirement

for an amalgam removal efficiency of at least 95 percent. The required best management

practices shall be defined by a procedure of the agency by January 1, 2006, including

reporting requirements to verify compliance with best management practices. The agency

shall consult with the Vermont state dental society and other interested parties during the

development of best management practices. Dental offices shall comply with best

management practices.

(c) No later than January 1, 2007, a dental office that in the course of treating its patients

places or removes dental amalgam must install an amalgam separator system in the

wastewater discharge line. For the purposes of this section, an amalgam separator system

means a device that removes dental amalgam from the waste stream prior to discharge into

either the local public wastewater system or a private septic system located at the dental

facility and that has been certified as conforming to the standards of ISO 11143, Dental

Equipment-Amalgam Separators. A dental office must demonstrate proper installation,

operation, maintenance, and amalgam waste recycling or disposal in accordance with the

manufacturer's recommendations by maintaining annual records on waste shipment and

maintenance of the system and any other reporting required in subsection (b) of this section.

Records of the previous three years shall be maintained at all times. Methods or technologies

other than amalgam separators that achieve equivalent or greater dental amalgam discharge

reductions and that are approved by the agency shall be deemed to comply with the

requirements of this subsection.

(d) Exemptions.

(1) The following categories of dental offices are exempt from the requirement to

install an amalgam separator:

(A) Orthodontists;
10/20/2014 The Vermont Statutes Online

http://www.leg.state.vt.us/statutes/fullsection.cfm?Title=10&Chapter=164&Section=07110 2/2

(B) Periodontists;

(C) Endodontists;

(D) Oral and maxillofacial surgeons;

(E) A dental office that is scheduled to no longer be used as a dental office after

July 1, 2007;

(F) Any other dental office that does not place or remove amalgam.

(2) A dental office in subdivision (1) of this subsection shall be exempt only if all

dentists practicing at the site using a shared vacuum system qualify for an exemption.

(e) The agency shall conduct a survey of dental offices once every five years, beginning

July 1, 2006, to ascertain the use of dental amalgam. The survey results shall be provided to

the advisory committee on mercury pollution for inclusion in their report to the general

assembly. The agency shall consult with the Vermont state dental society for assistance in

conducting the survey.

(f) For the purposes of this section:

(1) "Dental amalgam" or "amalgam" means a mixture of mercury and silver alloy that

forms a hard solid metal dental restorative material. For purposes of this section, dental

amalgam or amalgam shall include mercury and silver alloy precapsulated and ready for

mixing.

(2) "Dental office" means any dental clinic, dental office, or dental practice. (Added

2005, No. 13, § 1.)