Contractor and Building Demolition Requirements Under the Mercury Thermostat Collection Act of 2008

December 21st, 2011 → 9:40 pm @ // No Comments

Thermal Air Conditioning Inc, will like to inform you the consumer and Los Angeles Air conditioning companies that a law took effect on July 1, 2009, that requires contractors and persons engaged in building demolition to properly manage out-of-service mercury-added thermostats. The Department of Toxic Substances Control (DTSC) believes that air conditioning companies in Los Angeles and other companies may be subject to these new requirements.

Questions??  Thermal Air Conditioning, Inc. is here to answer them.

Which Contractors & Building Demolition Professionals are affected?

The Mercury Thermostat Collection Act of 2008 (the Act) (ch.572, stats. 2008) imposes requirements on: “Any contractor who installs heating, ventilation, and air-conditioning [HVAC] components and who removes a mercury-added thermostat” (California Health and Safety Code section 25214.8.15). The Act also imposes requirements on: “Any person who demolishes a building” (California Health and Safety Code Section 25214.8.16).

What are Affected Contractors Required to Do?

A contractor that meets the above definition is required by law to handle and transport out-of-service mercury-added thermostats in accordance with the Universal Waste Regulations found in California Code of Regulations, title 22, chapter 23. In addition, contractors must dispose of out-of-service mercury-added thermostats at a collection location that is operated in accordance with Universal Waste Regulations.

What are Affected Persons Engaged in Building Demolition Required to Do?

A person who demolishes a building is required to remove out-of-service mercury-added thermostats, prior to demolition, in accordance with all applicable California regulations. Out-of-service mercury-added thermostats must be handled and transported in accordance with the Universal Waste Regulations found in California Code of Regulations, title 22, chapter 23. In addition, out-of-service mercury-added thermostats must be disposed of at a collection location that is operated in accordance with Universal Waste Regulations.

How Should Out-of-Service Mercury-Added Thermostats be Managed?

Out-of-service mercury-added thermostats are classified as universal waste in California. Universal wastes are certain commonly-generated hazardous wastes that may be managed under special rulels that are easy to understand and follow. A contractor or building demolition professional that removes ou-of-service mercury-added thermostats from a building is regulated under Universal Waste Regulations.

For information on the requirements for Universal Waste Regulations, please visit DTSC’s universal waste web page at http://www.dtsc.ca.gov/hazardouswaste/upload /uw-_-thermostats_NS.pdf

Where Should Out-of-Service Mercury-Added Thermostats be Taken for Disposal?

Collection bins for out-of-service mercury-added thermostats are required by law to be provided at certain HVAC wholesaler locations in California, as defined under the Act. To find a HVAC wholesaler collection location near you, visit http://www.thermostat-recycle.org .

Collection bins may also be found at local government agency household hazardous waste (HHW) collection facilities. To find a HHW collection facility near you, visit http://www.dtsc.ca.gov/hazardouswaste/universalwaste/hhw.cfm

Who will Enforce these Requirements?

The act is part of California’s Hazardous Waste Control Law. Therefore, DTSC has authority to enforce its requirents. DTSC will use this authority as appropriate to ensure  compliance with requirements of The Act. Failure to comply with this law may result in penalties of up to twenty-five thousand dollars ($25,000) for each seperate violation or, for continuing violations, for each day that a violation continues.

Additional information about the Mercury Thermostat Collection Act of 2008 and the obligations of manufacturers, retailers, and wholesalers is available on DTSC’s web site at: http://www.dtsc.ca.gov/hazardouswaste/mercury_therm_act.cgm. If you have any questions about enforcements under this law, please contact Ms. Taryn Stokell at tstokell@dtsc.ca.gov or at (916) 322-7527.


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