Manufacturer Guide to Maine’s Electronic Waste Recycling Law
Shared Responsibility for Recycling of Household E-Waste
In the Spring of 2009, Maine amended its Electronic Waste Recycling Law (“E-Waste Law”). The amendments add desktop printers and video game consoles (those designed for use with a separate monitor or television, not hand-held devices) to the list of covered electronic devices which includes televisions, computer monitors (including notebook computers and digital picture frames) and computers. The changes also harmonize Maine’s law with other states’ laws by establishing market share as the basis for allocating responsibility to television and video game console manufacturers (effective January 1, 2010), and by streamlining manufacturer submittal requirements into an annual registration system.
Following is a summary of the provisions of Maine’s E-Waste Law relevant to manufacturers. A complete copy of the law can be obtained at www.Maine.gov/dep/rwm/ewaste.
Manufacturers
Maine’s E-Waste Law defines "Manufacturer" as an entity who:
- Manufactures or has manufactured a covered electronic device under its own brand or label;
- Sells, or has sold under its own brand or label a covered electronic device produced by other suppliers;
- Owns a brand that it licenses or licensed to another person for use on a covered electronic device; or
- Imports or has imported a covered electronic device into the United States that is manufactured by a person without a presence in the United States.
The Maine Department of Environmental Protection (Maine DEP) holds the brand owner responsible for implementing the manufacturer requirements of the E-Waste Law, unless the brand owner does not have a presence in the United States, in which case the first importer of the brand is responsible.
Covered electronic devices
Covered electronic devices include:
• Computer monitors, including portable notebook computers and digital picture frames with video displays greater than four inches (4”) measured diagonally;
• televisions, including portable DVD players, with video displays greater than four inches (4”) measured diagonally;
• Desktop printers, including multifunctional devices;
• Video game consoles designed for use with a monitor or television; and
• Computer central processing units. Please note that labeling is the only requirement of this law that applies to computer central processing units.
Products with cathode ray tubes or flat panel displays in which the cathode ray tube or flat panel display is contained within and not separate from the larger piece of equipment that are not subject to the law include: an automobile, a household appliance, a large piece of commercial or industrial equipment, such as commercial medical equipment, or other medical devices as that term is defined under the Federal Food, Drug, and Cosmetic Act.
Sales prohibition
Manufacturers and retailers may not offer a covered electronic device for sale in Maine unless the manufacturer is in compliance with this law. Maine DEP maintains a “DO NOT SELL” list of non-compliant manufacturers and their brands on its web site at www.maine.gov/dep/rwm/ewaste, and routinely notifies retailers when a manufacturer is added to this listing.
Manufacturer label required
A manufacturer may not offer a covered electronic device in Maine unless there is a visible, permanent label clearly identifying the manufacturer of that device affixed to it.
Manufacturer initial and annual submittals to Maine DEP
Maine’s E-Waste Law requires manufacturers to develop and submit to the Maine DEP a plan for compliance prior to offering their products for sale in the state. Historic manufacturers of computer monitors and desktop printers are also responsible for their products in Maine’s household waste stream, even if they are no longer producing or selling product in Maine. Manufacturers are also required to submit an annual report to the Maine DEP by July 1 each year.
Beginning July 1, 2010, these requirements are replaced by an annual registration requirement. For manufacturers who have not yet submitted compliance plans to the Maine DEP, Maine DEP provides an “initial registration form” which a manufacturer can complete and submit to meet both the current compliance plan and the future registration requirements; this form is available at www.maine.gov/dep/rwm/ewaste/registrationform.doc (MS Word format) (pdf format)
Manufacturer responsibility for recycling
Manufacturers are individually responsible for the costs of handling and recycling of all Maine household-generated televisions, computer monitors, desktop printers and game consoles managed by approved consolidators. This includes products manufactured by any business for which the manufacturer has assumed legal responsibility, as well as historic brands of computer monitors and desktop printers which appear in Maine’s household waste stream, even if the manufacturer is no longer producing or selling that product in Maine.
Until January 1, 2010, each manufacturer is invoiced for their actual product in the waste stream plus any orphan share responsibility as determined by Maine DEP on a basis proportional to the best available data on products in the waste stream. Beginning January 1, 2010, television and video game console manufacturers’ “recycling share” responsibility will be determined proportional to market share so that recycling of all units is provided for, including orphans. Computer monitor and desktop printer manufacturers will continue to be responsible for their collected products plus a pro rata share of the orphan waste in those waste streams. Maine DEP annually determines each manufacturer’s orphan and/or recycling share based on the best available information, and provides this information to manufacturers and consolidators by December for the next calendar year.
Each year, the Maine DEP solicits applications from consolidators (experienced Universal Waste management companies) for approval to participate in Maine’s household e-waste program. Maine DEP evaluates these applications in accordance with standards set in its Chapter 415 regulations, Reasonable Costs for the Handling and Recycling of Electronic Waste. Maine DEP approves applicants who:
- demonstrate the financial capacity and technical ability to perform in accordance with all applicable laws and regulations,
- utilize recyclers that meet Maine’s Environmentally Sound Management Guidelines, and
- offer a competitive cost schedule for transportation, handling & recycling.
Collection sites (mostly operated by municipalities) choose one of the approved consolidators to pick up their collected household electronics. The consolidators then record the weight and brand of each unit (starting January 1, 2010 consolidators will record the total weight per shipment of televisions and game consoles), and invoice manufacturers on a monthly basis for their share of the waste stream. Manufacturers are responsible for paying invoices for allowable costs incurred by that consolidator within 90 days of receipt.
Manufacturers have the option of having consolidators separate and store their product, and then taking responsibility for the transporting and recycling of their product from the consolidator. Under this “Option 1”, manufacturers are invoiced by the consolidators for the initial transportation and handling, and the manufacturer arranges for and pays the additional transportation to their selected recycler and the recycling. This “Option 1” will not be available to television and game console manufacturers as of January 1, 2010.
Maine DEP contact information
Program web site: www.maine.gov/dep/rwm/ewaste
Household E-Waste Program Manager:
Carole Cifrino, Environmental Specialist IV
Phone: 207-287-7720 Fax: 207-287-6220 carole.a.cifrino@Maine.gov
Manufacturer Registration contact:
Enid Mitnik, Environmental Specialist III
Phone: 207-287-8556 Fax: 207-287-6220 enid.mitnik@maine.gov
Data contact:
Susan Alderson, Planning & Research Associate I susan.a.alderson@maine.gov
Phone: 207-287-2806 Fax: 207-287-4774
Mailing address:
Maine Department of Environmental Protection
Bureau of Remediation & Waste Management, E-waste Program
17 State House Station
Augusta, Maine 04333-0017
