75-10-1505. Manufacturer collection and recycling program -- requirements. (1) By January 1, 2010, a manufacturer shall establish and maintain a program for out-of-service mercury-added thermostats in compliance with this part. A manufacturer may establish a program individually or collectively with other manufacturers. A manufacturer or a group of manufacturers operating a program collectively may contract with a retailer for collection of out-of-service mercury-added thermostats.

(2) A program for out-of-service mercury-added thermostats must meet the following requirements:

(a) Out-of-service mercury-added thermostats collected by the program must be collected, handled, and recycled in compliance with this part and rules adopted pursuant to 75-10-1509.

(b) The program shall provide collection bins for out-of-service mercury-added thermostat collection to wholesalers and qualified contractors at a nominal one-time administrative fee not to exceed $40 to offset the cost of each collection bin for each collection location.

(c) The program shall make available authorized recycling bins for out-of-service mercury-added thermostats at a nominal one-time administrative fee not to exceed $40 to offset the cost of each collection bin for each collection location to any local governmental entity that requests a bin for use at a household hazardous waste collection facility or event.

(d) The program shall either arrange for pickup of the collection bins provided pursuant to this section or pay for the costs of shipping the collection bins for proper handling and recycling in accordance with the program.

(e) The program shall develop educational and other outreach materials for contractors and homeowners and make those materials available at program collection locations. These materials may include, but are not limited to:

(i) signage that is prominently displayed and easily visible to consumers and contractors;

(ii) written materials and templates of materials for reproduction by retailers and wholesalers to be provided to the consumer at the time of purchase, delivery, or both purchase and delivery of a thermostat. The materials must include the proper management of out-of-service mercury-added thermostats and the locations of collection bins.

(iii) advertising or other promotional materials, or both, that include references to the collection locations; and

(iv) materials to be used in direct communications with the consumer and contractor at the time of purchase.

(f) The program shall provide nonfinancial incentives and education to contractors, service technicians, and homeowners to encourage the return of out-of-service mercury-added thermostats to established collection locations.

(g) The program shall encourage the purchase of thermostats that are programmable and increase energy efficiency as replacements for mercury-added thermostats.

(3) The department may order a manufacturer or a group of manufacturers operating a program to revise the program to comply with this section.