Enforcement of Maine 's E-Waste Law

38 MRSA §1610.7 describes the Department's authority to enforce Maine's E-Waste Law. It reads:

7. Enforcement. The department must enforce this section in accordance with the provisions of sections 347-A and 349. If a manufacturer fails to pay for the costs allocated to it pursuant to section 1610, subsection 5, paragraph D, subparagraph (1), including its prorate share of costs attributable to orphan waste, the department may pay a consolidator its legitimate costs from the Maine Solid Waste Management Fund established in section 2201 and seek cost recovery from the nonpaying manufacturer. Any nonpaying manufacturer is liable to the State for costs incurred by the State in an amount up to 3 times the amount incurred as a result of such failure to comply.

The Attorney General is authorized to commence a civil action against any manufacturer to recover the costs described I this subsection, which are in addition to any fines and penalties established pursuant to section 349. Any money received by the State pursuant to this subsection must be deposited in the Maine Solid Waste Management Fund established in section 2201.

Link to 06-096 CMR 347-A and 349

At section 3, Maine 's E-Waste Law also prohibits manufacturers and retailers from selling televisions, computer monitors, and CPUs produced by any manufacturer that is not in compliance with this law as of January 1, 2006.

The Maine DEP will inform retailers and manufacturers of non-compliant manufacturers and their brands through e-mails, web site postings, and trade association newsletters.

When an entity is found to be in violation of Maine 's E-Waste law, the Department will notify the responsible party of the violation, will ascertain when the party is in compliance, and will pursue resolution of the violations through enforcement action as appropriate.

PROGRAMS

Enforcement of Maine 's E-Waste Law