Section 25214.8.1 Of Article 10.2.1. Mercury-added Thermostats, Relays, Switches, And Measuring Devices From California Health And Safety Code >> Division 20. >> Chapter 6.5. >> Article 10.2.1.
25214.8.1
. (a) The Legislature finds and declares all of the
following:
(1) Once mercury is released into the environment it can change to
methyl mercury, a highly toxic compound. Methyl mercury is easily
taken up in living tissue and bioaccumulates over time, causing
serious health effects, including neurological and reproductive
disorders in humans and wildlife. Since mercury does not break down
in the environment, it has become a significant health threat to
humans and wildlife.
(2) Due to the bioaccumulation of mercury and other contaminants
in fish, the California Environmental Protection Agency has issued a
warning advising that adults and women who are pregnant or who may
become pregnant should limit their fish intake from several state
waterways.
(3) Increasingly stringent mercury discharge limits for wastewater
treatment plants make the identification and elimination of
unnecessary sources of mercury a critical task, because the cost of
mercury removal at a wastewater treatment plant is far greater than
the societal benefits of continuing use of mercury-containing
products, as currently formulated.
(4) Thermostats and other switches and relays are among the
largest remaining sources of mercury in consumer products that can be
legally sold in California.
(5) Most thermostats contain 3,000 milligrams of mercury and have
a 35-year lifespan.
(6) Many other mercury-containing switches hold up to 4 grams of
mercury, and mercury-containing relays hold as much as 153 grams.
(7) Esophageal dilators contain as much as two pounds of mercury.
(8) Mercury thermostats, switches, relays, measuring devices,
esophageal dilators, and gastrointestinal tubes are hazardous waste
when discarded, and on and after January 1, 2006, all mercury
thermostat, switch, relay, measuring device, esophageal dilator, and
gastrointestinal tube wastes will be prohibited from disposal in a
solid waste landfill under the regulations adopted pursuant to this
chapter.
(9) Economical alternatives to mercury thermostats, relays,
switches, measuring devices, esophageal dilators, and
gastrointestinal tubes are available for commercial and, when
applicable, residential applications.
(b) For purposes of this article the following definitions shall
apply:
(1) "Mercury-added product" means any product or device that
contains mercury.
(2) "Mercury-added thermostat" means a product or device that uses
a mercury switch to sense and control room temperature through
communication with heating, ventilating, or air-conditioning
equipment. A mercury-added thermostat includes thermostats used to
sense and control room temperature in residential, commercial,
industrial, and other buildings but does not include a thermostat
used to sense and control temperature as part of a manufacturing
process.
(3) "Mercury relay" means a mercury-added product or device that
opens or closes electrical contacts to effect the operation of other
devices in the same or another electrical circuit. "Mercury relay"
includes, but is not limited to, mercury displacement relays, mercury
wetted reed relays, and mercury contact relays.
(4) "Mercury switch" means a mercury-added product or device that
opens or closes an electrical circuit or gas valve.
(A) A mercury switch includes, but is not limited to, mercury
float switches actuated by rising or falling liquid levels, mercury
tilt switches actuated by a change in the switch position, mercury
pressure switches actuated by a change in pressure, mercury
temperature switches actuated by a change in temperature, and mercury
flame sensors.
(B) A mercury switch does not include a mercury-added thermostat
or a mercury diostat.
(C) "Mercury diostat" means a mercury switch that controls a gas
valve in an oven or oven portion of a gas range.