Section 77.04 - Collection of Mercury-added Thermostats(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; andb. 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; and5. 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: b. The date each location received its mercury-added thermostat collection container; andc. 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;c. Qualified contractors; andd. 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: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; andb. Mercury-added thermostat collection opportunities.(2) Thermostat wholesalers shall: (a) Not offer for final sale, sell at final sale, or distribute any thermostat of a manufacturer that is not in compliance with 310 CMR 77.00.(b) Not offer for final sale, sell at final sale, or distribute any thermostat unless that thermostat wholesaler acts as a collection site for mercury-added thermostats. 1. To qualify as a collection site, the thermostat wholesaler shall either:a. Collect and manage mercury-added thermostats in accordance with applicable federal and state laws governing hazardous waste and universal waste, including 310 CMR 30.000: Hazardous Waste; orb. Participate as a collection site in a manufacturer sponsored collection program established pursuant to 310 CMR 77.04.2. All collection sites shall provide visible signage identifying the location as a mercury-added thermostat collection site.(3) Thermostat retailers shall: (a) Not offer for final sale, sell at final sale, or distribute any thermostat of a manufacturer that is not in compliance with 310 CMR 77.00.(b) Provide visible signage identifying the location as a mercury-added thermostat collection site, if acting as a collection site. 1. To qualify as a collection site, the thermostat retailer shall either:a. Collect and manage mercury-added thermostats in accordance with applicable federal and state laws governing hazardous waste and universal waste, including 310 CMR 30.000: Hazardous Waste; orb. Participate as a collection site in a manufacturer sponsored collection program established pursuant to 310 CMR 77.04.(4) Qualified contractors acting as collection sites shall provide visible signage identifying the location as a mercury-added thermostat collection site. To qualify as a collection site, qualified contractors shall either:(a) Collect and manage mercury-added thermostats in accordance with applicable federal and state laws governing hazardous waste and universal waste, including 310 CMR 30.000: Hazardous Waste; or(b) Participate as a collection site in a manufacturer sponsored collection program established pursuant to 310 CMR 77.04.Adopted by Mass Register Issue 1388, eff. 4/5/2019.