06-096 C.M.R. ch. 415, § 1 - Definitions

The following terms, as used in this chapter, have the following meanings unless the context indicates otherwise.

A. 3D Printer. "3D printer" means an electronic device that produces athree-dimensional object from a digital file.

B. Consolidation facility."Consolidation facility" means a facility where electronic wastes are consolidated and temporarily stored while awaiting shipment of at least a 40-foot trailer full of covered electronic devices to a recycling, treatment or disposal facility. Consolidation facility includes a transport vehicle owned or leased by a consolidator and used to collect and transport covered electronic devices in this State at a cost no greater than the per pound transportation rate for a full 40-foot trailer as approved by the Department for each consolidator pursuant to this chapter. For purposes of this chapter, 16,000 pounds of covered electronic devices is equivalent to a full 40-foot trailer.

C. Consolidator."Consolidator" means a person that provides consolidation services including handling, transportation, and recycling for covered electronic devices, and that operates at least one consolidation facility, as provided for in this chapter.

D. Covered electronic device."Covered electronic device" means a desktop printer, a video game console, or a video display device with a screen that is greater than four inches measured diagonally and that contains one or more circuit boards. Covered electronic device does not include an automobile; a household appliance; a large piece of commercial or industrial equipment, such as commercial medical equipment, that contains a cathode ray tube, a cathode ray tube device, a flat panel display or similar video display device that is contained within, and is not separate from, the larger piece of equipment; other medical devices as that term is defined under the Federal Food, Drug, and Cosmetic Act; or a cellular telephone subject to 38 M.R.S. §2143.

E. Covered electronic device type. "Covered electronic device type" means a category of consumer electronic products delineated by the Department based on similar recycling management systems and costs and/or materials value resulting from recycling.

F. Covered entity. "Covered entity" means a household in this State; a business that employs 100 or fewer individuals; a nonprofit organization exempt from taxation under the United States Internal Revenue Code, Section 501(c)(3), that employs 100 or fewer individuals; a primary school; or a secondary school.

G. Department."Department" means the Maine Department of Environmental Protection.

H. Desktop printer."Desktop printer" means a device weighing 100 pounds or less that prints text or illustrations on paper or that prints three-dimensional objects, and is designed for external use with a desktop or portable computer. Desktop printer includes, but is not limited to, a daisy wheel, dot matrix, inkjet, laser, LCD and LED line or thermal printer, including a device that performs other functions in addition to printing such as copying, scanning or transmitting a facsimile.

I. Geographic service area."Geographic service area" means one of four regions of Maine delineated as: Region 1 - Aroostook, Washington, and Hancock Counties; Region 2 - Piscataquis and Penobscot Counties; Region 3 - Sagadahoc, Kennebec, Somerset, Waldo, Knox and Lincoln Counties; and Region 4 - Franklin, Oxford, Cumberland, Androscoggin and York Counties.

J. Handle."Handle" means to receive, collect, consolidate, store, transfer, track, package, load for transport, and perform associated administrative tasks, including recordkeeping and reporting.

K. Maine's E-waste Law."Maine's E-waste Law" means the provisions in 38 M.R.S. §1610.

L. Manufacturer."Manufacturer" means a person who:

(1) Manufactures or has manufactured a covered electronic device under its own brand or label;

(2) Sells, or has sold under its own brand or label a covered electronic device produced by other suppliers;

(3) Owns a brand that it licenses or licensed to another person for use on a covered electronic device; or

(4) 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.

M. Market share."Market share" means a manufacturer's national sales of a covered electronic device expressed as a percentage of the total of all manufacturers' national sales by weight for that category of covered electronic devices.

N. Municipal collection site."Municipal collection site" means a municipally owned solid waste transfer station or recycling center, including a facility owned by a consortium of municipalities or a facility that is under contract with a municipality or consortium of municipalities to provide solid waste management services. A municipal collection site as defined herein is not inherently a consolidation facility for purposes of this chapter.

O. Person."Person" means any individual; partnership; corporation; firm; federal, state or local government entity; or public or private organization of any character.

P. Qualified recycling and dismantling facility."Qualified recycling and dismantling facility" means a business that processes covered electronic devices for reuse or recycling and that provides the consolidator with a sworn certification that its processing, refurbishment for reuse, and recycling of covered electronic devices meets the guidelines for environmentally sound management contained in Appendix A; or a facility that maintains a current R2 or e-Stewards certification.

Q. Recycling."Recycling" means processing of covered electronic devices or their component materials for recovery of useable materials. Recycling includes refurbishment, but does not include resale of unrefurbished units into the consumer market, or energy recovery or energy generation by means of combustion.

NOTE:Smelting of hazardous wastes to recover metals for reuse in conformance with all applicable laws and regulations is not considered disposal or energy recovery.

R. Recycling share."Recycling share" means the percentage of the cost of transportation, handling, and recycling of the total weight of a covered electronic device type assigned to a manufacturer by the Department.

S. Refurbishment. "Refurbishment" means the production of a fully functional device that performs original intended functions from parts of one or more discarded devices and/or new component parts by a facility certified to the Sustainable Electronics Recycling International's R2 Standard for responsible recycling (R2).

T. Television. "Television" means a covered electronic device that has a display and receives video programming via broadcast, cable or satellite transmission; recorded transmissions from VHS, DVD and similar video players; and/or video from surveillance or other similar cameras.

U. Universal waste."Universal waste" means cathode ray tubes, lamps, mercury-containing devices, non-leaking polychlorinated biphenyl ballasts, and certain batteries as further defined in Maine's Identification of Hazardous Wastes, 06-096 CMR 850(4)(A)(14) and Universal Waste 06-096 CMR 858(12).

V. Video game console."Video game console" means an interactive entertainment computer or electronic device that produces a video display signal that can be used with a display device such as a television or computer monitor to display a video game.

Notes

06-096 C.M.R. ch. 415, § 1