language to be deleted (2) new language
relating to health and the environment; prohibiting the sale of certain mercury-containing products; modifying restrictions on the sale, use, and disposal of certain mercury-containing products; requiring certain consumer information; modifying lamp recycling facility operation requirements; providing for consumer education regarding fluorescent bulbs;
amending Minnesota Statutes 2006, sections 115A.932, subdivision 1; 116.92, subdivisions 3, 7a, by adding subdivisions; 116.93, subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 116; 121A; 325E.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
(a) A person may not place mercury or a thermostat, thermometer, electric switch, appliance, gauge, medical or scientific instrument, or electric relay or other electrical device from which the mercury has not been removed for reuse or recycling:
(1) in solid waste; or
(2) in a wastewater disposal system.
(b) A person may not knowingly place mercury or a thermostat, thermometer, electric switch, appliance, gauge, medical or scientific instrument, or electric relay or other electrical device from which the mercury has not been removed for reuse or recycling:
(1) in a solid waste processing facility; or
(2) in a solid waste disposal facility, as defined in section 115.01, subdivision 4.
(c) A person may not knowingly place a fluorescent or high intensity discharge lamp:
(1) in solid waste; or
(2) in a solid waste facility , except a household hazardous waste collection or recycling facility.
This paragraph does not apply to waste lamps generated by households until August 1, 1994.
A manufacturer or wholesaler may not sell and a retailer may not knowingly sell any of the following items in this state that contain mercury unless the item is labeled in a manner to clearly inform a purchaser or consumer that mercury is present in the item and that the item may not be placed in the garbage until the mercury is removed and reused, recycled, or otherwise managed to ensure that it does not become part of solid waste or wastewater:
(1) a thermostat or thermometer;
(2) an electric switch, individually or as part of another product, other than a motor vehicle;
(3) an appliance;
(4) a medical or scientific instrument; and
(5) an electric relay or other electrical device.
Any information regarding fluorescent lamps containing mercury that is sent by a utility to a customer, present on a utility's Web site, or contained in a utility's print, radio, or video advertisement, must
(1) state that the lamps contain mercury
that is harmful to the environment and
that it is illegal to place them in garbage and
(2) provide a toll-free telephone number or Web site that customers can access to learn how to lawfully dispose of the lamps.
(a) A person may not operate a lamp recycling facility without obtaining a permit or license for the facility from the agency. The permit or license must require:
(1) a plan for response to releases, including emergency response;
(2) proof of financial responsibility for closure and any necessary postclosure care at the facility which may include a performance bond or other insurance; and
(3) liability insurance or another financial mechanism that provides proof of financial responsibility for response actions required under chapter 115B.
(b) A lamp recycling facility that is licensed or permitted by a county under section 473.811, subdivision 5b, complies with this subdivision if the license or permit held by the facility contains at least all the terms and conditions required by the agency for a license or permit issued under this subdivision.
(c) A lamp recycling facility with a demonstrated capability for recycling that is in operation prior to adoption of rules for a licensing or permitting process for the facility by the agency may continue to operate in accordance with a compliance agreement or other approval by the commissioner until a license or permit is issued by the agency under this subdivision.
Presented to the governor May 18, 2007
Signed by the governor May 21, 2007, 2:56 p.m.
Official Publication of the State of Minnesota Revisor of Statutes