Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 77.00 - Collection and Recycling of Mercury-added Thermostats › Section 77.04 - Collection of Mercury-added Thermostats

Current through Register 1525, July 5, 2024
(1) Manufacturers that distributed, offered
			 for final sale, or sold at final sale, any mercury-added thermostat within the
			 Commonwealth shall, individually or collectively:
(a) Establish a system to collect, transport,
			 and properly manage out-of-service mercury-added thermostats, including
			 recycling, from all collection sites established pursuant to 310 CMR 77.04.
			 Mercury-added thermostat manufacturers shall not charge a fee or other charge
			 for this service, except a one-time program administration fee not to exceed
			 $25 per collection container provided pursuant to 310 CMR
			 77.04(1)(b).
(b) Make collection
			 containers available to thermostat wholesalers, thermostat retailers, qualified
			 contractors, and local government authorities within the Commonwealth that
			 request them. Such containers shall be accompanied by information on proper
			 management of mercury-added thermostats as a hazardous waste or universal
			 waste, in accordance with Department regulations at 310 CMR 30.000:
Hazardous Waste
.
(c) Submit an annual report to the Department
			 by March 1st of every year of the program, on a form
			 prescribed by the Department, that shall include at a minimum:
1. The number of mercury-added thermostats
			 collected by the manufacturer(s) in the previous calendar year;
a. The number disposed; and
b. The number from which the facility
			 separated and recovered the components and mercury contained therein.
2. The estimated total amount of
			 mercury contained in the thermostat components collected and recycled by the
			 manufacturer(s) in the previous calendar year;
3. An evaluation of the effectiveness of the
			 manufacturer(s)' collection program including, but not limited to, an estimate
			 of how many out-of-service mercury-added thermometers have yet to be
			 collected;
4. An accounting of the
			 administrative costs of administering the collection and recycling program;
			 and
5. A list of all locations
			 where collection containers were provided by the manufacturer(s), including
			 locations that received collection containers during the calendar year. The
			 list shall contain information including, but not limited to:
a. Location address;
b. The date each location received its
			 mercury-added thermostat collection container; and
c. The number of mercury-added thermostats
			 collected from each location.
6. A description of the education and
			 outreach efforts conducted pursuant to 310 CMR 77.04(1)(d).
(d) Conduct education and outreach
			 to:
1. Promote the availability of collection
			 containers to:
a. Thermostat
			 wholesalers;
b. Thermostat
			 retailers;
c. Qualified
			 contractors; and
d. Units of local
			 government in the Commonwealth.
2. Promote the importance of proper
			 mercury-added thermostat management, mercury-added thermostat collection
			 opportunities, and the availability of the manufacturer sponsored collection
			 program to:
a. Contractors;
b. Homeowners; and
c. Persons.
3. Provide signage to participating
			 collection sites that can be prominently displayed to promote the collection
			 and recycling of out-of-service mercury-added thermostats.
4. Provide written materials or templates of
			 written materials for reproduction by thermostat wholesalers and thermostat
			 retailers to provide to customers at the time of purchase or delivery of
			 thermostats. These materials shall include, but not be limited to, the
			 following information:
a. The importance of
			 properly managing out-of-service mercury-added thermostats; and
b. Mercury-added thermostat collection
			 opportunities.