An Act To Protect Public Health and the Environment through the Collection and Recycling of Electronic Waste
Maine Legislature, Session 121, LD 0743
Committee: Natural Resources
Sponsors: THOMPSON, MARTIN, COWGER, DUPLESSIE, HUTION, KOFFMAN, MAKAS, SA VIELLO, TWOMEY, SAWYER

Legislative Document 
No. 743 
H.P.549 
House of Representatives, February 14, 2003 
An Act To Protect Public Health and the Environment through the 
Collection and Recycling of Electronic Waste 
Reference to the Committee on Natural Resources suggested and ordered printed. 
Presented by Representative THOMPSON of China. 
Cosponsored by Senator MARTIN of Aroostook and 
/J(~ 
/h./JlP£~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: COWGER of Hallowell, DUPLESSIE of Westbrook, HUTION of 
Bowdoinham, KOFFMAN of Bar Harbor, MAKAS of Lewiston, SA VIELLO of Wilton, 
TWOMEY of Biddeford, Senator: SAWYER of Penobscot. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 38 MRSA c. 13. sub-c. 6 is enacted to read: 
SUBCHAPTER 6 
ELECTRONIC WASTE 
§1319-AA. 
Definitions 
As 
used in this subchapter, unless the context otherwise 
indicates, the following terms have the following meanings. 
1. 
Electronic 
equipment. 
"Electronic 
equipment" 
means 
equipment 
that 
is 
dependent 
on 
electric 
currents 
or 
electromagnetic fields in order to work properly or that contains 
one 
or 
more 
printed circuit boards. 
"Electronic 
equipment" 
includes, but is not limited to, computer equipment. including 
cathode ray tubes, display monitors, central processing units, 
keyboards, 
printers 
and 
peripherals; 
television monitors 
and 
displays; 
telecommunications 
equipment. 
including 
telephones, 
cellular phones, facsimile machines and answering machines; small 
electronic devices and appliances containing one or more circuit 
boards; video and stereo equipment; toys, games and educational 
devices containing one or more printed circuit boards; and major 
household 
appliances 
containing 
one 
or 
more 
printed circuit 
boards. 
2. 
Electronic waste. 
"Electronic waste" means electronic 
equipment 
that enters 
the 
solid waste 
collection, 
recovery, 
treatment, processing or recycling system. 
3. 
Historic 
waste. 
"Historic 
waste" 
means 
electronic 
equipment, 
the producer of which is still in business, 
that 
beCame electronic waste prior to the effective date of this 
subchapter. 
4. 
Orphaned waste. 
"Orphaned waste" means electronic waste 
manufactured by or bearing the brand name of a company that is no 
longer in business as of the effective date of this subchapter. 
5. 
Plan. 
"Plan" 
means 
the 
plan 
for 
producer-financed 
collection, 
recovery 
and 
recycling 
of 
electronic 
waste 
as 
provided for in section 1319-BB. 
6. 
Producer. 
"Producer" means any person that: 
A. 
Manufactures and sells electronic equipment under its 
own brand; 
Page l-LR1l94(1) 
• 
B. 
Resells, 
under its own brand, 
equipment produced by 
other manufacturers: or 
c. 
Imports electronic equipment for first sale in the State. 
7. 
Recycling. 
"Recycling" means the reprocessing of waste 
materials for the original purpose of the material or for other 
purposes, but not for the purpose of energy recovery or energy 
generation by means of combusting electronic waste. 
8. 
Reuse. 
"Reuse" means any operation by which electronic 
waste or components of electronic waste are used for the same 
purpose for which they were conceived, includirig the continued 
use of the equipment or components of the equipment that are 
returned to collection points, recyclers or producers. 
§13l9-BB. 
Submission and approval of plan 
Within 6 months of the effective date of this section, each 
producer of electronic equipment sold in the State shall submit 
to 
the department for 
approval 
a 
plan for 
producer-financed 
collection, recovery and recycling of electronic waste. 
Plans 
must 
be 
submitted 
to, 
reviewed 
by 
and 
approved 
by 
the 
department. 
Plans will be evaluated based on their sufficiency 
in light of all the required elements in this subchapter, and the 
department shall develop a means for scoring initial submissions 
and providing feedback to producers for integration into their 
final plans. 
To be approved, a plan must, at a minimum, provide 
the following: 
1. 
Collection strategy. 
A strategy for 
financing 
the 
collection, 
treatment, 
recovery, 
reuse and disposition of all 
electronic equipment sold by that producer in the State: 
2. 
Orphaned waste and historic waste strategy. 
A strategy 
for 
financing 
that 
producer's 
share 
of 
orphaned 
waste 
and 
historic waste in the State: 
3. 
Product recovex:y strategy. 
A strategy for meeting the 
product recovery and materials reuse and recycling rates under 
section l319-GG, subsections 1 and 2; 
4. 
Labeling strategy. 
A strategy for meeting the labeling, 
consumer notification and public education requirements pursuant 
to section 13l9-FF that are necessary to ensure the protection of 
electronic users and electronic waste processors and recyclers 
and to ensure consumer participation in the producer's product 
recovery program: 
5. 
Documentation. 
Documentation of the willingness of all 
parties involved in the producer's product recovery program to 
implement 
the 
proposed 
electronic 
equipment 
recovery 
and 
assurance 
that that 
system will 
comply 
with all 
applicable 
existing environmental laws and rules in the State; 
6. 
Performance measures. 
A description of the performance 
measures 
to 
be 
used 
and 
reported 
by 
the 
producer 
to 
the 
department to demonstrate that the recovery system is meeting 
reuse and recycling rates under section 1319-GG, subsections I 
and 2, as well as other measures of the program's effectiveness 
as may be required by the department by rule. 
Rules adopted 
pursuant 
to 
this 
subsection are 
routine 
technical 
rules 
as 
defined in Title 5, chapter 375, subchapter 2-A; and 
7. 
Alternative actions. 
A description of the alternative 
or additional actions that will be implemented by the producer to 
improve the recovery system in the event that the program targets 
are not met. 
Within 12 months of the effective date of this section, or 
upon approval of the plan, whichever is sooner, 
a producer of 
electronic equipment sold in the State shall provide to the 
department a 
financial guarantee to ensure that no costs for 
program 
evaluation or 
enforcement 
or 
for 
the 
management 
of 
orphaned waste and historic waste are borne by taxpayers. 
Any producer that fails to meet any of the re-;ruirements of 
this section wi thin -the required time frames is prohibited from 
selling electronic equipment in the State. 
§1319-CC. 
Financial responsibility of producers 
1. 
Product recovery program. 
Within 
months 
of 
the 
effective date of this section, each producer shall implement a 
program 
for 
ensuring 
the 
environmentally 
sound 
collection, 
treatment, recovery and final disposition of electronic waste. 
2. 
Financing 
for 
producer's 
products. 
A 
producer 
is 
responsible for financing the environmentally sound management of 
the electronic waste from its own products, but may execute this 
obligation through collective or individual financing schemes. 
3. 
Financing for orphaned waste and historic waste. 
The 
responsibility for financing the management of orphaned waste and 
historic waste equipment must be shared proportionally to each 
producer's respective share of the market, by product type, at 
the time waste costs are incurred. 
The department on an annual 
basis may adjust this proportional responsibility for orphaned 
waste and historic waste. 
-
,. 
4. 
Conswners 
and 
equipment 
end 
users. 
Consumers 
and 
equipment end users may be responsible for delivering electronic 
waste into the solid waste collection system, as may be provided 
for in the plan. 
Under the plan, 
consumers must be able to 
return electronic waste to the producer free of charge. 
5. 
Penalty. 
A producer who fails to implement a program 
wi thin the time provided for under subsection 1 is prohibited 
from selling electronic equipment in the State. 
1319 DD. 
Ban on incineration and landfilling of electronic waste 
Electronic 
waste 
may 
not 
be 
disposed 
of 
in landfills, 
incinerators, cement kilns or other methods of energy recovery or 
energy generation dependent on combustion of waste. 
This ban 
applies to whole units of electronic waste and to the constituent 
subunits and materials from which the units are made. 
1319-EE. 
Restrictions on hazardous materials 
By 2006, producers selling electronic equipment in the State 
must phase out the use of lead, mercury, 
cadmium, 
hexavalent 
chromium, brominated flame retardants and polyvinyl chloride and 
may offer for 
sale only products 
that contain less harmful 
alternatives. 
If a producer provides_§ufficient demonstration to 
the de2artment that it is technically impossible to find an 
alternative, the department may issue a limited-term exemption. 
An 
exemption 
may 
be 
rescinded 
once it becomes 
possible 
to 
eliminate 
the 
substance. 
If 
the 
exemption 
is granted, 
the 
department 
must 
assign 
a 
limited 
amount 
of 
time before 
the 
exemption expires 
to 
ensure that producers 
are 
investing in 
research and development to identify an appropriate alternative. 
1319-FF. 
Labeling; consumer notification; public education 
1. 
Labeling. 
Within 12 months of the effective date of 
this section, electronic equipment sold in the State must be 
clearly marked and labeled, or informational materials must be 
provided with the new product, providing consumers and end users 
with information relating to the following: 
A. 
The 
hazardous materials contained in the electronic 
equipment 
and 
the 
parts 
or 
subunits 
containing 
the 
particular substances; 
B. 
The requirement not to dispose of electronic equipment 
in landfills, incinerators or any other means not approved 
as part of the plan; and 
C. 
A toll-free phone number or publicly accessible site on 
the 
Internet where 
consumers 
can obtain information 
and 
instructions about the safe disposition of the electronic 
product through the plan. 
2. 
Consumer education. 
As part of a plan approved by the 
department pursuant to section 1319-BB, 
a 
producer must 
take 
appropriate steps to implement a consumer education plan that is 
designed 
to 
ensure 
that 
consumers 
and 
users 
of 
electronic 
equipment understand the following: 
A. 
The prohibition on disposal of electronic waste by any 
means not included as part of the plan; 
B. 
The 
electronic 
waste 
return 
and 
collection 
systems 
available to them; 
C. 
The 
potential effects 
on 
the 
environment 
and 
human 
health as a result of the presence of hazardous substances 
contained 
in 
electronic 
equipment 
and 
the 
dangers 
of 
improper disposal: and 
D. 
The consumers' and users' roles in contributing to the 
reuse, 
recycling 
and 
other 
forms 
of 
electronic 
waste 
recovery. 
3. 
Public 
education. 
Within 
months 
following 
implementation 
of 
the 
producer' s 
product 
recovery 
program 
pursuant to section 1319-CC, each producer shall demonstrate that 
it has achieved a level of 85°0 public awareness of the program 
for each of its covered product categor ies through independent 
public polling. 
Producers 
may collectively undertake 
such 
a 
demonstration 
of 
public 
awareness 
so 
long 
as 
the 
polling 
instrument is designed to identify public awareness of a majority 
of producers' programs or a majority of the electronic equipment 
types 
covered by this subchapter. 
The design, 
protocols 
and 
implementation plan for 
the opinion polling required in this 
subsection must be approved by the department. 
4. 
Information to recyclers and processors. 
As part of a 
plan, 
and 
in order 
to 
facilitate 
the 
environmentally 
sound 
treatment of electronic waste, producers shall implement adequate 
measures 
to provide information to recyclers and other waste 
processors for the producers' electronic equipment. 
Wi thin one 
year after new electronic equipment enters the market, producers 
shall 
provide 
new 
information 
to 
recyclers 
and 
other 
waste 
processors regarding the end-of-life treatment of the new product 
relating to disassembly, material content and safety. 
1319-GG. 
Environmental performance requirements 
II 
• 
• 
1. 
Orphaned and historic waste. 
For orphaned and historic 
waste, a producer shall demonstrate to the department: 
A. 
Within 2 years of the implementation of a producer's 
program 
pursuant 
to 
section 
1319-CC, 
collection 
of 
electronic waste equal to or greater than 2 kilograms per 
person per 
person per 
year 
in 
the State 
and 
reuse 
or 
recycling of electronic waste egual to 1.5 kilograms per 
person per year in the State; and 
B. 
Wi thin 5 years of the implementation of a producer's 
program 
pursuant 
to 
section 
1319-CC, 
collection 
of 
electronic waste equal to 4 kilograms per person per year in 
the State and reuse or recycling of electronic waste egual 
to 3.5 kilograms per person per year in the State. 
2. 
Electronic 
waste 
generated 
after 
program 
implementation. 
For 
electronic 
waste 
generated 
after 
the 
implementation 
of 
a 
program 
pursuant 
to 
section 
1319-CC, 
a 
producer shall demonstrate to the department: 
A. 
Within 
years of the implementation of a producer's 
program 
pursuant 
to 
section 
1319-CC, 
electronic 
waste 
recovery egual to 75% of the producer's products sold in the 
State 
and 
65% 
reuse 
or 
recycling of 
the 
components 
and 
materials contained in the producer's products; and 
B. 
Wi thin 5 years of the implementation of a producer's 
program 
pursuant 
to 
section 
1319-CC, 
electronic 
waste 
recovery equal to 90% of the producer's products sold in the 
State and 
95% 
reuse or 
recycling of 
the 
components 
and 
materials contained in the producer's products. 
3. 
Prison labor. 
A plan may not include reliance on prison 
labor unless all incarcerated workers involved in the processing 
and recycling of electronic waste are provided with compensation 
equivalent to prevailing wages for the work performed and are 
afforded the protections of state occupational safety and health 
laws and regulations. 
4. 
Ban on hazardous waste ex~rt. 
In order to be approved 
by the department, 
a plan must forbid the export of electronic 
waste to countries that are not members of the Organisation for 
Economic Co-operation and Development or successor organization. 
As 
part 
of 
the 
producer's 
annual 
program 
reports 
to 
the 
department pursuant to section 1319-11, subsection 1, a producer 
shall document that the program has not resulted in the export of 
electronic waste to any country that is not a 
member of the 
Organisation 
for 
Economic 
Co-operation 
and 
Development 
or 
successor organization. 
1319-BB. 
State procurement and purchasing 
Within 
months 
following 
the 
effective 
date 
of 
this 
section, the State and each of its departments and agencies shall 
establish purchasing and procurement policies requiring producers 
of electronic equipment sold to the State to take back electronic 
waste. 
State 
purchasing 
and 
procurement policies 
must 
also 
establish 
a 
preference 
for 
electronic 
equipment 
that 
meets 
specified environmental 
performance 
standards relating to 
the 
reduction or elimination of hazardous materials. 
Rules adopted 
pursuant to this section are routine technical rules as defined 
in Title 5, chapter 375, subchapter 2-A. 
1319-II. 
Reporting; monitoring; compliance; penalties 
1. 
Performance report. 
A report detailing performance of a 
producer's program pursuant to subsection l3l9-CC, and detailing 
compliance with all the requirements of this subchapter must be 
submitted 
annually 
to 
the 
department. 
The 
department 
shall 
review a report within 6 months of its submission and provide 
notice of deficiency or noncompliance to producers by the end of 
the following quarter. 
2. 
Public availability of reports. 
Annual reports required 
under this section must be made available to the public through 
the Internet. 
3. 
Oversight and advisory committee. 
The department mCiY 
establish a multistakeholder oversight and advisory committee to 
oversee program implementation of a program pursuant to section 
l3l9-CC 
and 
review 
annual 
reports 
submitted 
pursuant 
to 
SUbsection 1. 
1319-JJ. 
Private right of enforcement 
An 
individual 
may 
maintain 
an 
action 
to 
enforce 
the 
provisions 
and 
requirements 
of 
this 
subchapter 
against 
any 
governmental 
or 
private party 
for 
declaratory 
and 
equitable 
relief, 
civil penalties 
and restoration damages 
in order 
to 
protect the public health and environment of the State 
from 
pollution, 
impairment or destruction resulting from electronic 
waste. 
The 
court 
may 
award 
the 
full 
costs 
of 
litigation, 
including, 
but not limited to, 
reasonable expert witness 
and 
attorney's fees, 
to the plaintiff if the plaintiff prevails. 
This provision is supplementary to existing rights and procedures 
provided by law. 
• 
,. 
For purposes of this section, "environment" includes all the 
state's 
natural 
resources, 
including 
land, 
air 
and 
water 
resources and plant and animal species and the habitat upon which 
they depend. 
1319-KK. 
Presumption of liability 
Contamination 
of 
landfills 
with 
heavy metals, 
including 
lead, mercury, beryllium and chromium, and contamination of the 
soil 
and 
groundwater 
surrounding 
landfills, 
is 
presumed 
to 
result, unless proven otherwise, from the electronic waste in the 
municipal waste stream. 
SUMMARY 
This bill requires producers of electronic equipment 
to 
implement 
a 
program 
for 
ensuring 
the 
environmentally 
sound 
collection, 
treatment, 
recovery 
and 
final 
disposition 
of 
discarded and obsolete electronic equipment.