Current through Register 1531, September 27, 2024
(1) A manufacturer
of mercury-added lamps shall satisfy the requirements of
310 CMR
75.04 if, such manufacturer who sells
mercury-added lamps in the Commonwealth of Massachusetts individually pays,
until June 30, 2024, an annual registration fee in accordance with the
requirements of
310 CMR
4.03(2): Table 4.03
and with the requirements of
310 CMR
75.05. Manufacturers shall make such payments
to the Department to be deposited into an expendable trust fund established in
accordance with M.G.L. c. 6A, § 6. Such fund shall be maintained for the
purpose of Department and municipal administration, access, communication,
enforcement, and education costs for proper mercury-added lamp recycling or
disposal.
(2) Manufacturers of
mercury added lamps that either fail to pay an annual registration fee in
accordance with
310 CMR
4.03(2): Table 4.03
and
310 CMR
75.05, or fail to submit and implement a
collection and recycling plan and the annual compliance certifications pursuant
to
310 CMR
75.04, shall not sell, offer to sell, or
distribute mercury-added lamps in Massachusetts.
(3) Manufacturers of mercury-added lamps that
do not submit a collection and recycling plan or the annual compliance
certification pursuant to
310 CMR
75.04 shall comply with
310 CMR
75.05(3)(a) or (b).
(a) Manufacturers that sold, offered for sale
or distributed mercury-added lamps in Massachusetts in the prior calendar year
shall submit to the Department:
1. on or
before 30 days after April 5, 2019 and on or before March
1st of every year thereafter, through 2024, an
annual registration on a form prescribed by the Department. Such registration
shall include the total number of mercury-added lamps sold by that manufacturer
in Massachusetts in the previous calendar year, and the certification required
by
310 CMR
75.05(8). This annual
registration will also serve as a basis for an invoice for an annual
registration fee based on mercury-added lamp sales in Massachusetts in the
prior calendar year and established in accordance with
310 CMR
4.03(2): Table
4.03. Mercury-added lamp manufacturers choosing to calculate
Massachusetts sales on the basis of population shall use the most recently
published population estimates published by the United States Census Bureau;
and
2. on or before the invoice
payment due date of each year, the annual registration fee established in
accordance with
310 CMR
4.03(2): Table
4.03.
(b)
Manufacturers that did not sell, offer for sale, or distribute mercury-added
lamps in Massachusetts in the prior calendar year shall submit a
non-applicability notification to the Department on or before 30 days after
April 5, 2019 and on or before March 1st of every
year thereafter, through 2024.
1. Such
notification shall be on a form prescribed by the Department and shall include
the certification required by
310 CMR
75.05(8).
2. In calendar year 2019 such notification is
only required from manufacturers that had submitted a mercury-added lamp
compliance certification in 2014. Thereafter, through 2024, the
non-applicability notification is only required from mercury-added lamp
manufacturers that were required to submit an annual registration in the prior
year.
(4)
Each manufacturer of mercury-added lamps shall notify the Department when there
has been a change in ownership. Such notification shall be submitted to the
Department no later than 30 days following the change in ownership and shall
include the date of the change in ownership.
(5) Manufacturers of mercury-added lamps
shall individually or collectively provide mercury-added lamp retailers with a
printed copy of the following notice free of charge upon request. The notice
shall be in 24-point type or larger and shall state the following: "Fluorescent
bulbs save energy and reduce environmental pollution.
Note: Fluorescent bulbs contain a small amount of
mercury and must be properly recycled at the end of their use. Contact your
municipality or www.lamprecycle.org for bulb recycling options."
(6) Qualified mercury-added lamp recyclers
shall:
(a) Upon collection of mercury-added
lamps from within Massachusetts, provide a mercury-lamp recycling certificate
to each person delivering mercury-added lamps from within Massachusetts to the
facility. The certificate shall be on a form prescribed by the
Department.
(b) Submit to the
Department an annual report containing information regarding the recycling of
mercury-added lamps by persons in the Commonwealth of Massachusetts on a form
prescribed by the Department, including but not limited to:
1. The number of mercury-added lamp recycling
certificates issued during the previous year;
2. The number of intact mercury-added lamps
collected from within Massachusetts during the previous year; and
a. The number disposed;
b. The number from which the facility
separated and recovered the components and mercury contained therein;
c. The amount of mercury disposed;
and
d. The amount of mercury made
available for reuse.
3.
An estimate of the number of broken mercury-added lamps collected from within
Massachusetts during the previous year and;
4. The name and address of the facility where
the mercury-added lamps were recycled.
(7) Each person delivering mercury-added
lamps from Massachusetts to a qualified mercury-added lamp recycler shall
retain all mercury-lamp recycling certificates for a minimum of three years and
provide access to such certificates upon request by the Department.
(8) The annual registration required by
310 CMR
75.05(3)(a), the
non-applicability notification described in
310 CMR
75.05(3)(b), and the annual
report required by
310 CMR
75.05(6)(b) shall include
the following certification: "I, [name of Responsible Official, as defined in
310 CMR 70.02:
Environmental Results Program Certification], attest under the
pains and penalties of perjury:
(a) that I
have personally examined and am familiar with the information contained in this
submittal, including any and all documents accompanying this certification
statement;
(b) that, based on my
inquiry of those individuals responsible for obtaining the information, the
information contained in this submittal is to the best of my knowledge, true,
accurate, and complete; and
(c)
that I am fully authorized to make this attestation on behalf of this facility
or unit. I am aware that there are significant penalties, including, but not
limited to possible fines and imprisonment, for submitting false, inaccurate,
or incomplete information."
