[HISTORY: Adopted by the Rockland County Legislature 10-15-2002
by L.L. No. 8-2002. Amendments noted where applicable.]
A.Â
The Legislature of Rockland County hereby finds that
there are serious health risks posed to Rockland County residents by the use
of mercury gauges or mercury-containing manometers for the testing of liquid
or gas pressure and by the use of mercury fever thermometers, mercury-containing
indoor or outdoor thermometers, and mercury-containing thermostats, and that,
given the fragility of these devices, mercury spills can easily occur, thereby
exposing residents to the harmful effects of mercury.
B.Â
The Legislature of Rockland County further finds that
although elemental mercury, a silvery-white metal which is liquid at room
temperature, is not easily absorbed by the skin, spilled mercury can be easily
vaporized and inhaled, causing a range of effects, from tremors and nausea
at low levels of exposure to irreversible brain and kidney damage at high
levels. The amount of mercury found in one commercially available mercury-containing
manometer is about 88 grams, or approximately three ounces, the amount of
mercury found in one mercury fever thermometer is about 0.7 grams, or just
under one gram, and the amount of mercury found in a mercury-containing thermostat
is about three grams, amounts sufficient to overexpose people to the deadly
pollutant. This pollutant is especially dangerous to children and pregnant
women, because even small amounts of mercury can cause serious developmental
problems.
C.Â
The Legislature of Rockland County further finds that
there is a serious danger posed by mercury gauges or mercury-containing manometers,
mercury fever thermometers, mercury-containing indoor or outdoor thermometers,
and mercury-containing thermostats to Rockland County residents, their property,
and to the environment, and therefore this chapter prohibits the use of mercury
gauges or mercury-containing manometers for the testing of liquid or gas pressure,
bans the sale by any person of mercury fever thermometers, mercury-containing
indoor or outdoor thermometers, and places restrictions on the installation
and replacement of mercury-containing thermostats.
As used in this chapter, the following terms shall have the meanings
indicated:
A room or building equipped for experimental study in a science.
An instrument containing mercury that is used to measure air temperature
either indoors or outdoors.
An instrument containing mercury used to measure the pressure of
liquids or gases.
An instrument containing mercury that is used to control room temperature
in a residential dwelling or commercial structure.
A mercury-containing product encased in glass that is used to measure
body temperature.
Any natural person, corporation, unincorporated association, firm,
partnership, joint venture, joint-stock association or other entity or business
organization of any kind, including any master plumber or journey-level plumber
licensed or certified to engage in the business of plumbing pursuant to the
laws of Rockland County.
Use relating to the methods or principles of science.
A.Â
It shall be unlawful for any person to use a mercury
gauge or mercury-containing manometer for the measurement or testing of liquid
or gas pressure in Rockland County, except where the use of a mercury gauge
or mercury-containing manometer is specifically required by local law, regulation
or ordinance of a Town or Village within Rockland County, or except when the
use of a mercury gauge or mercury-containing manometer is needed for purposes
relating to the rendering of medical treatment or care, or except when the
use of a mercury gauge or mercury-containing manometer is needed for purposes
relating to scientific use in a laboratory.
B.Â
It shall be unlawful for any person in Rockland County
to sell or cause to be sold any mercury fever thermometer.
C.Â
It shall be unlawful for any person in Rockland County
to sell or cause to be sold any mercury-containing indoor or outdoor thermometer.
D.Â
For all new residential dwellings and commercial structures
in Rockland County built or occupied after April 30, 2003, it shall be unlawful
for the owner or occupant to install a mercury-containing thermostat.
E.Â
It shall be unlawful for the owner or occupant of a residential
dwelling or commercial structure in Rockland County to replace an existing
thermostat within that dwelling or structure with a mercury-containing thermostat.
F.Â
After December 31, 2004, it shall be unlawful for any
person in Rockland County to sell or cause to be sold any mercury-containing
thermostat.
[Added 11-3-2004 by L.L. No. 11-2004]
This chapter shall apply to all actions occurring on or after the effective
date of this chapter.
Any person who violates the provisions of this chapter shall be subject
to the imposition of a civil penalty by the Rockland County Department of
Health not exceeding $200 for each single violation. No civil penalty shall
be imposed by the Rockland County Department of Health as provided for herein
unless the alleged violator has received notice of the charge against him
or her and has had an opportunity to be heard pursuant to the normal procedures
of the Rockland County Department of Health. Prior to the imposition of a
civil penalty on an alleged violator, the Rockland County Department of Health
shall make a good-faith effort to issue a warning to the alleged violator
and shall make a good-faith effort to educate the alleged violator about the
provisions of this chapter.
The Rockland County Department of Health is requested, within 180 days
of the adoption of this chapter, to present to the Rockland County legislature
and to the Rockland County Executive a plan for public education concerning
the operation and administration of this chapter, the nature and effects of
mercury, and what to do in the event of a mercury leak or spill. In addition,
the Rockland County Department of Health is requested, within 180 days of
the adoption of this chapter, to present to the Rockland County Legislature
and to the Rockland County Executive a plan for public education directed
at the medical and scientific communities concerning the use of mercury gauges
or mercury-containing manometers for purposes relating to the rendering of
medical treatment or care and the use of mercury gauges or mercury-containing
manometers for purposes relating to scientific use in a laboratory.
This chapter shall become effective April 30, 2003.
