An Act To Improve the Recycling Rate of Mercury-added Motor Vehicle Components
Maine Legislature, Session 125, LD 0716
Committee: Environment and Natural Resources
Sponsors: WALSH INNES, GOODALL, CHIPMAN, DUCHESNE, HARLOW, HINCK
Amends: 38 MRSA §1665-A

Legislative Document 
No. 716 
H.P. 547 
House of Representatives, February 23, 2011 
An Act To Improve the Recycling Rate of Mercury-added Motor 
Vehicle Components 
Received by the Clerk of the House on February 18, 2011.  Referred to the Committee on 
Environment and Natural Resources pursuant to Joint Rule 308.2 and ordered printed pursuant 
to Joint Rule 401. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative WALSH INNES of Yarmouth. 
Cosponsored by Senator GOODALL of Sagadahoc and 
Representatives: CHIPMAN of Portland, DUCHESNE of Hudson, HARLOW of Portland, 
HINCK of Portland. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  38 MRSA §1665-A, sub-§5, as amended by PL 2009, c. 277, §3, is 
further amended to read: 
5.  Motor vehicle manufacturer responsibility.  Manufacturers of motor vehicles 
sold in this State that contain mercury switches or mercury headlamps shall, individually 
or collectively, do the following: 
A.  Establish a system to collect and recycle mercury switches removed pursuant to 
subsection 3. The system may consist of consolidation facilities geographically 
located to serve all areas of the State to which the switches may be transported by the 
persons performing the removal or any other collection methodology approved by the 
department. The system must be convenient to use, must accept the switches free of 
charge and may not provide for collection of the switches at an automobile 
dealership; 
B.  Pay for each mercury switch brought to the consolidation facilities as partial 
compensation for the removal, storage and transport of the switches a minimum of $4 
if the vehicle identification number or year, make and model of the source vehicle is 
provided.  If the vehicle identification number or year, make and model of the source 
vehicle is not provided, no payment is required; 
C.  Ensure that mercury switches collected pursuant to paragraph A are managed in 
accordance with the universal waste rules adopted by the board under subsection 8; 
and 
D.  Provide the department and persons who remove motor vehicle components under 
this section with information, training and other technical assistance required to 
facilitate removal and recycling of the components in accordance with the universal 
waste rules adopted by the board under subsection 8, including, but not limited to, 
information identifying the motor vehicle models that contain or may contain 
mercury switches or mercury headlamps. 
The goal of this collection and recycling effort is to minimize mercury emissions to the 
environment by ensuring that all mercury switches are removed from motor vehicles for 
recycling before the vehicles are flattened, baled or crushed.   
In complying with the requirements of this subsection, manufacturers of motor vehicles 
shall establish a  system that does not require a person who removes a mercury switch to 
segregate switches separately according to each manufacturer of motor vehicles from 
which the switches are removed. 
For purposes of this subsection, unless the context otherwise indicates, "manufacturer" 
means a person, or a person's successor in interest, that has legal ownership of the brand 
of a product sold in the State, or imports a product branded by a person that has legal 
ownership of the brand of a product sold in the State and has no physical presence in the 
United States. 
Sec. 2.  38 MRSA §1665-A, sub-§10 is enacted to read: 
10.  Enforcement; cost recovery.  If a manufacturer under subsection 5 fails to 
implement a mercury switch collection and recycling program approved by the 
department, or fails to pay costs incurred and allocated to it by a product stewardship 
program pursuant to chapter 18 for its responsibilities pursuant to subsection 5, the 
department may pay for the legitimate costs of collection and recycling of the 
manufacturer's mercury switches from the Maine Solid Waste Management Fund 
established in section 2201 and seek cost recovery from the nonpaying manufacturer.  
Any nonpaying manufacturer is liable to the State for costs incurred by the State in an 
amount up to 3 times the amount incurred as a result of such failure to comply. 
The Attorney General is authorized to commence a civil action against a nonpaying 
manufacturer to recover the costs described in this subsection, which are in addition to 
any fines and penalties established pursuant to section 349.  Money received by the State 
pursuant to this subsection must be deposited in the Maine Solid Waste Management 
Fund established in section 2201. 
SUMMARY 
This bill clarifies that payment is required for the disposal of mercury-added motor 
vehicle components for motor vehicles for which a vehicle identification number or year, 
make and model have been provided.  The bill defines the term "manufacturer."  The bill 
also authorizes the Department of Environmental Protection to pay for the cost of 
collecting and recycling a manufacturer's mercury switches and seek cost recovery from 
the nonpaying manufacturer.  The bill also authorizes the Attorney General to bring a 
civil action against a nonpaying manufacturer to recover the costs.