Section 250-RICR-140-20-3.11 - Collection of Mercury Added ProductsA. Collection Requirement. 1. On and after January 1, 2006, no person shall offer any mercury-added product for sale or distribute any such product for promotional purposes unless the manufacturer either on its own or in concert with other persons, has implemented a system, after review and approval by the Department, for the convenient and accessible collection of such products when the consumer is finished with them. The collection plans shall be submitted to the Interstate Mercury Education and Reduction Clearinghouse (IMERC), who will forward a recommendation regarding approval/denial to the Department. The Department shall forward its decision of approval/denial to the applicant in writing.2. If a mercury-added product is a component of another product, the collection system shall provide for removal and collection of the mercury-added component or collection of both the mercury-added component and the product containing it. Mercury-added components in motor vehicles shall be collected and recycled as provided for in § 3.12 of this Part.B. The Collection System.1. The collection system plan shall include:a. An education program to inform consumers of mercury-added products about the purpose of the collection program and how to participate in it;b. A plan which specifically addresses the following issues: (1) Location of the mercury-added product and how to remove it;(2) The manner in which the items will be collected and stored;(3) The frequency and method of disposal/recycling for the items collected;(4) The recordkeeping protocol that will be used to assure compliance with this plan;c. A plan for implementing and financing the collection system;d. Documentation of the willingness of all parties to the system to implement the proposed collection system;e. A best estimated, targeted capture rate for the applicable mercury-added product(s) or component(s);f. A description of the performance measures to be utilized and reported by the manufacturer to demonstrate that the collection system is meeting capture rate targets;g. A description of additional or alternative actions that will be implemented to improve the collection system and its operation in the event that the program targets are not met; andh. Other special conditions or information related to the affected mercury-added product.C. Not later than July 1, 2007 and biennially thereafter, the manufacturer or entity that submitted the plan on behalf of the manufacturer shall submit a report to the Department and the Interstate Mercury Education and Reduction Clearinghouse (IMERC) on the effectiveness of the collection system. The report shall include an estimate of the amount of mercury that was collected, the capture rate for the mercury-added products or components, the results of the other performance measures included in the manufacturer's collection system plan, and such other information as the Department may request. The Department may make such reports available to the public.D. The applicant shall identify, in writing, any known impediment that impacts the effectiveness of the collection system and what corrective measures may be appropriate. Unless otherwise provided by DEM, the corrective measures shall be implemented.E. The following are exempt from the provisions of § 3.11 of this Part: 1. Mercury-added button cell batteries;2. Mercury-added lamps; and,3. Products where the only mercury contained in the product comes from a mercury-added button cell battery or a mercury-added lamp.F. Mercury-added components in motor vehicles at end-of-life shall be collected and recycled as provided for in § 3.12 of this Part.G. Alternative Statewide Collection System. Manufacturers of mercury-added products may satisfy their obligations by entering into a written agreement with the Rhode Island Resource Recovery Corporation and/or the Department to support and enhance the statewide program for collection and disposal of household hazardous wastes to accommodate the collection of mercury-added products when the household customer is finished with them. Such an agreement may support and enhance the existing program operated by Rhode Island Resource Recovery Corporation by improving advertisement, infrastructure, education and funding, and other activities as appropriate and agreed to, or may establish an alternative program. A two party agreement between a manufacturer and Rhode Island Resource Recovery Corporation must be submitted for review and approval to the Department pursuant to § 3.11(A)(1) of this Part and must demonstrate that it will satisfy the requirements of §§ 3.11(B), (C) and (D) of this Part. This provision is not applicable to motor vehicle manufacturers subject to the provisions of § 3.12 of this Part.250 R.I. Code R. 250-RICR-140-20-3.11