.26 Special Requirements for Fluorescent Lamps.

A. Applicability. This regulation applies to fluorescent lamps that exhibit the toxicity characteristic of COMAR and that are:

(1) Generated by small quantity generators, that is, persons that generate and accumulate hazardous waste in amounts less than those identified in COMAR, C, and D(3); or

(2) Household waste, as defined in COMAR

B. Disposition of Waste Fluorescent Lamps.

(1) A person that generates, in a calendar year, more than 200 kilograms of waste fluorescent lamps meeting the criteria of §A of this regulation shall assure that the waste lamps are delivered to a:

(a) Reclamation facility, as defined in §C of this regulation; or

(b) Destination facility, as defined in COMAR

Agency note: 200 kilograms represents, for example, approximately 720 4-foot T12 fluorescent lamps.

(2) For the purposes of §B(1) of this regulation, waste fluorescent lamps include lamps that are to be disposed and lamps that are to be recycled.

(3) Unless otherwise provided under federal or State law:

(a) An owner or operator of an industrial or commercial property may assign the responsibility for ensuring compliance with the requirements of §B(1) of this regulation to a tenant who is otherwise responsible for maintaining the property through a written agreement with the tenant; and

(b) If a tenant is responsible for assuring compliance under §B(3)(a) of this regulation and fails to do so, the owner of the property is not liable for the failure to comply.

C. For the purposes of this regulation, "reclamation facility" means a site:

(1) Where equipment is used to recapture mercury from mercury-added fluorescent lamps for the purpose of recycling or reusing the mercury; or

(2) That collects mercury containing components from mercury-added fluorescent lamps for the eventual recapture and recycling or reuse of the mercury.