Definitions

The definitions found in 310 CMR 77.02 apply to, and are limited to, 310 CMR 77.00. Collection Site means a location for the collection of out-of-service mercury-added thermostats which is either part of a manufacturer sponsored collection program established pursuant to 310 CMR 77.04 or a location where mercury-added thermostats are collected and managed in accordance with applicable federal and state laws governing hazardous waste and universal waste, including 310 CMR 30.000: Hazardous Waste. Contractor means a person engaged in the business of installation, service or removal of heating, ventilation, and air conditioning components. Department means the Massachusetts Department of Environmental Protection. Local Governmental Authority means a household hazardous waste facility, a solid waste management agency, an environmental management agency, or a department of public health. Manufacturer means an organization or entity that sells or sold a mercury-added thermostat under a brand or label it owns or is or was licensed to use a brand or label for a mercury-added thermostat produced by other suppliers. Mercury-added Thermostat means a product or device that uses a mercury switch to sense and control room temperature through communication with heating ventilation, or air conditioning equipment, including thermostats used to sense and control room temperature in residential, commercial, industrial, or other buildings, but excluding thermostats used to sense and control temperature as part of a manufacturing process. Person means an individual, trust, firm, joint stock company, corporation, including a government corporation, partnership, association, the federal government or any agency or subdivision thereof, a state, municipality, commission, political subdivision of a state or any interstate body. Properly Manage Out-of-service Mercury-added Thermostats means to recycle or manage as a hazardous waste or universal waste in compliance with 310 CMR 30.000: Hazardous Waste. Qualified Contractor means a person engaged in the business of installation, service, or removal of heating, ventilation, and air conditioning components who employs seven or more service technicians or installers or who is located in an area outside an urban area, as defined by the United States Bureau of Census. Solid Waste Facility means a site or works, and other appurtenances thereto, which is, has been, or will be used for the handling, storage, transfer, processing, treatment or disposal of solid waste, as defined in 310 CMR 19.006: Definitions, including all land, structures and improvements which are directly related to solid waste activities. Thermostat Retailer means a person that sells thermostats of any kind directly to homeowners, other non-professionals, or contractors through any selling or distribution mechanism, including, but not limited to, sales using the internet or catalogs. Thermostat Wholesaler means a person engaged in the distribution and wholesale sale of thermostats and other heating, ventilation, and air conditioning components to contractors who install heating, ventilation, and air conditioning components.