I. No person shall knowingly dispose of mercury-added products in solid waste landfills, transfer stations, or incinerators.
II. Owners and operators of solid waste landfills, transfer stations, and incinerators may develop programs to sort, collect, and recycle or dispose of mercury-added products in accordance with applicable laws and regulations.

Terms Used In New Hampshire Revised Statutes 149-M:58

  • following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
  • person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
  • state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4

III. Except as otherwise provided by this section, every person who discards solid waste within the state shall separate mercury-added products from that solid waste for recycling or disposal as a hazardous waste. Any contractor who replaces or removes mercury-added products shall assure the proper separation and recycling or the disposal as a hazardous waste of any discarded mercury-added product.
IV. After proper separation of mercury-added products, each person who discards that waste shall either:
(a) Set that waste in a designated area for collection by a hauler who shall deliver that waste to a facility that is legally authorized and permitted to accept that waste; or
(b) Deliver that waste to a facility that is legally authorized and permitted to accept that waste.
V. Owners and operators of solid waste landfills, transfer stations, and incinerators shall not be found to have knowingly accepted or disposed of mercury-added products if, at a minimum, the facility has implemented all of the following mechanisms:
(a) Posting of signs at the facility providing notice of the prohibition against the disposal of mercury-added products.
(b) Written notification to, or agreements with, the facility’s customers, providing notice of the prohibition against the disposal of mercury-added products.
(c) Implementation of a procedure, approved by the department, for periodically monitoring incoming wastes to detect the presence of mercury-added products at the facility and for separating out observed mercury-added products for return to the generator, recycling, or disposal as a hazardous waste.
(d) Provide customers with information about collection programs or facilities that are permitted to accept mercury-added products for recycling or disposal as a hazardous waste.
VI. This section shall not apply to prescription drugs or any substance regulated by the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq. or to biological products regulated by the Food and Drug Administration under the Public Health Service Act, 42 U.S.C. § 262 et seq.