Section 77.05 - Management of Mercury-added Thermostats(1) Except as otherwise provided in 310 CMR 77.05, all persons shall dispose of mercury-added thermostats by recycling or by disposing as hazardous waste or universal waste in compliance with 310 CMR 30.000: Hazardous Waste.(2) Contractors who remove mercury-added thermostats from buildings shall deliver such thermostats to a collection site established by mercury-added thermostat manufacturers pursuant to 310 CMR 77.04.(3) Persons who demolish buildings shall remove all mercury-added thermostats prior to building demolition and either:(a) Deliver such thermostats to collection sites established by mercury-added thermostat manufacturers pursuant to 310 CMR 77.04; or(b) 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.(4) Persons who remove mercury-added thermostats from a location that is participating in an energy efficiency or weatherization program supported or administered in whole or part by a department, agency, authority, or political subdivision of the Commonwealth or conducted as a result of any statutory requirement, including, but not limited to, demand-side management or least-cost procurement, shall deliver such thermostats to a collection site established by mercury-added thermostat manufacturers pursuant to 310 CMR 77.04.(5) No municipal or private solid waste haulers or operators of solid waste disposal facilities shall knowingly dispose, or allow to be disposed, a mercury-added thermostat as solid waste, as defined in 310 CMR 19.006: Definitions, unless the mercury has been first removed by recycling or disposed as hazardous waste in accordance with 310 CMR 30.000: Hazardous Waste.(6) Solid waste facility operators may knowingly accept or collect mercury-added thermostats for proper disposal, only if:(a) The device is segregated from solid waste and stored in an identified recycling container; and: 1. the facility participates in a mercury-added thermostat manufacturer's collection program as a collection site; or2. the facility has established a site to collect, manage, and dispose of mercury-added thermostats as hazardous waste or universal waste in accordance with all applicable federal and state laws and regulations, including 310 CMR 30.000: Hazardous Waste.(b) Solid waste facility operators will not be found in violation of 310 CMR 77.05, if they:1. Make a good faith and consistent effort, as determined by the Department, to comply with 310 CMR 77.05(6);2. Post, in a conspicuous location at the facility, a sign stating that mercury-added thermostats are not accepted at this facility; and3. Notify, in writing, any person authorized to deposit solid waste at that facility that mercury-added thermostats are not accepted at this facility.Adopted by Mass Register Issue 1388, eff. 4/5/2019.