75-10-1507. Annual report -- publication. (1) By April 1, 2011, and by April 1 of each succeeding year, a manufacturer shall submit an annual report to the department covering the previous calendar year. The annual reports must provide the department with the following:

(a) the number of out-of-service mercury-added thermostats collected by the program;

(b) the estimated total amount of mercury contained in the thermostat components collected by the program;

(c) an evaluation of the effectiveness of the program;

(d) collection goals that must ensure an increase in the number of mercury-added thermostats collected each year until 2016 or a time that the department determines that the number of in-service thermostats is steadily declining;

(e) an accounting of the program administrative costs, including a copy of internal revenue service form 990 for a nonprofit organization's program. For a for-profit organization's program, the manufacturer or group of manufacturers operating a program shall submit independently audited financial statements detailing revenue and a full accounting of administrative costs incurred.

(f) a description of outreach strategies used to increase participation and collection rates;

(g) examples of outreach and educational materials used by the program;

(h) names and locations of collection locations;

(i) the number of out-of-service mercury-added thermostats collected at each collection location;

(j) a description of how the collected out-of-service mercury-added thermostats were managed; and

(k) any proposed modifications the manufacturer may make to the program.

(2) The department shall use the report to determine whether collection goals are being met. If collection goals are not met, the department shall require modifications to manufacturers' collection plans in an attempt to improve collection rates.

(3) The manufacturer or group of manufacturers operating a program shall post the report to a public website.

(4) The department shall post reports submitted pursuant to this section on the department website or may provide a link to the public website.

(5) Based on diminished return of thermostats, the department may discontinue the requirement for the annual report pursuant to this section on finding that mercury-added thermostats no longer pose a threat to the environment and public health in Montana.