Md. Code Regs. 26.13.10.26 - Special Requirements for Fluorescent Lamps
A. Applicability. This regulation applies to
fluorescent lamps that exhibit the toxicity characteristic of COMAR
26.13.02.14 s and that are:
(1) Generated by small quantity generators,
that is, persons that generate and accumulate hazardous waste in amounts less
than those identified in COMAR
26.13.02.05 s A, C, and D(3);
or
(2) Household waste, as defined
in COMAR 26.13.02.04 s -1B.
B. Disposition of Waste
Fluorescent Lamps.
(1) A person that
generates, in a calendar year, more than 200 kilograms of waste fluorescent
lamps meeting the criteria of §A of this regulation shall assure that the waste
lamps are delivered to a:
(a) Reclamation
facility, as defined in §C of this regulation; or
(b) Destination facility, as defined in COMAR
26.13.01.03 s B.
Agency note: 200 kilograms represents, for example, approximately 720 4-foot T12 fluorescent lamps.
(2) For the purposes of §B(1) of this
regulation, waste fluorescent lamps include lamps that are to be disposed and
lamps that are to be recycled.
(3)
Unless otherwise provided under federal or State law:
(a) An owner or operator of an industrial or
commercial property may assign the responsibility for ensuring compliance with
the requirements of §B(1) of this regulation to a tenant who is otherwise
responsible for maintaining the property through a written agreement with the
tenant; and
(b) If a tenant is
responsible for assuring compliance under §B(3)(a) of this regulation and fails
to do so, the owner of the property is not liable for the failure to
comply.
C.
For the purposes of this regulation, "reclamation facility" means a site:
(1) Where equipment is used to recapture
mercury from mercury-added fluorescent lamps for the purpose of recycling or
reusing the mercury; or
(2) That
collects mercury containing components from mercury-added fluorescent lamps for
the eventual recapture and recycling or reuse of the mercury.
Notes
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