Section I: Authority and Purpose
These regulations shall be effective on or after August 7, 2002, and shall remain in effect until modified or amended by the North Reading Board of Health. They are enacted under the authority of Massachusetts General Laws Chapter 111, Section 31. Board of Health regulations are an exercise of power under which levels of government are responsible for protection of public health, safety, welfare and the environment.
These regulations of the North Reading Board of Health have been enacted for the purpose of protection of the citizens of the Town of North Reading by reducing the amount of mercury entering the environment via the disposal of solid waste. Mercury is toxic to the human nervous system, as well as fish and animals. Mercury can enter the body either through skin absorption or through inhalation of mercury vapors.
These regulations are made to prevent mercury from used thermostats from entering the environment.
Thermostats, thermometers, switches and other mercury containing devices contain several grams of mercury in fragile glass bulbs or ampoules, these ampoules may break, releasing droplets of toxic mercury.
Section II: Definitions
Individuals – Person, or persons that are removing or replacing any mercury containing devices from a property. The individual may be the property owner or hired contractor such as but not limited to a carpenter, plumber or electrician.
Building – The definition includes residential, commercial, industrial or recreational buildings or facilities.
Section III: Regulations
1. Mercury devices shall not be disposed of through any waste stream that
results in their incineration, landfilling, discharge into the general
environment or any other method of disposal not approved by the
Department of Environmental Protection and local Board of Health.
2. It shall be the responsibility of the individual(s) removing or replacing such
mercury devices to properly dispose of this mercury device in accordance
with these regulations and any state regulation regarding proper mercury
disposal.
3. Used devices containing mercury must be disposed of through an approved
Board of Health recycling program. Approved programs shall at a minimum
document how they will accept, store, recycle an/or transfer each mercury
device. In addition, the programs yearly approval will be contingent on
providing evidence to the Board, through properly documented manifests,
that all devices have had their mercury successfully recycled.
Section IV: Effective Date and Enforcement
The effective date of this regulation is the date posted on the front page of this regulation, which shall be identical to the date of adoption of these regulations.
1. As of the effective date of this regulation any individual that removes,
replaces, or engages any activity that would result in the removal or
replacement of a mercury device shall comply with the provisions of this
regulation.
2. The Building Department or any other department that would oversee the
removal or replacement or installation of any mercury devices must notify
the individual removing, replacing the mercury device, of these regulations
and notify the Board of Health upon issuance of a permit to do so.
Section V: Penalties
Failure to comply with provisions of these regulations will result in a levy of fines no less than $100.00, but no more than $300.00 per incident.
Section VI: Severability
Each provision of this regulation shall be construed as separate to the end that if any provision, sentence, clause, or phase thereof, shall be held invalid for any reason, that remainder of that section and all other sections shall continue in full force and effect.
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