310 CMR 75.05 - Mercury-added Lamps

(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 1^st 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 1^st 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."

Notes

310 CMR 75.05

Amended by Mass Register Issue 1388, eff. 4/5/2019.