1. (a) A universal waste handler shall contain, using a container that meets the requirements of Env-Hw 1102.03(c), any mercury-containing device that shows evidence of leakage, spillage, or damage that could cause leakage.

2. (b) A universal waste handler shall not remove mercury-containing ampules from universal waste mercury-containing devices unless the universal waste handler complies with 40 CFR 273.33(c)(2), as reprinted in Appendix D, except that:

   1. (1) Containers of mercury resulting from spills or leaks from broken ampules shall meet the requirements of Env-Hw 100 through 800 and Env-Hw 1200; and
   2. (2) Removed intact ampules shall be stored in containers that meet the requirements of Env-Hw 1102.03(c).
3. (c) An intact mercury-containing ampule that has been removed in accordance with (b), above, may be handled as a universal waste.

4. (d) A universal waste handler shall not remove open original housings from universal waste mercury-containing devices unless the universal waste handler:

   1. (1) Immediately seals the open original housing holding the mercury with an airtight seal to prevent the release of any mercury to the environment; and
   2. (2) Removes and manages all open original housings in accordance with the requirements for removing and managing ampules specified in (b), above.
5. (e) An open original housing that has been removed and sealed in accordance with (d), above, may be handled as a universal waste.

6. (f) A universal waste handler that removes mercury-containing ampules from mercury-containing devices or seals mercury from mercury-containing devices in its original housing shall determine whether the following materials exhibit a characteristic of hazardous waste identified in Env-Hw 403:

   1. (1) Mercury cleanup residues or other wastes resulting from spills or leaks; and
   2. (2) Other waste generated as a result of the removal of mercury-containing ampules or original housings, such as the remaining mercury-containing devices.

7. (g) If the mercury residues or other waste described in (f), above, or any combination thereof, exhibit a characteristic of hazardous waste, the universal waste handler shall:

   1. (1) Be considered the generator of the mercury residues, or other waste, or both; and
   2. (2) Comply with all applicable requirements of Env-Hw 400 through Env-Hw 800 and Env-Hw 1200.

Source. #7578, eff 10-13-01; (See Revision Note #1 at chapter heading for Env-Hw 1100) ss by #9367, eff 1-28-09; ss by #12353, eff 8-14-17; ss by #12922, eff 11-23-19 (See Revision Note #2 at chapter heading for Env-Hw 1100); ss by #13406, eff 7-23-22; ss by #14281, eff 8-1-25, EXPIRES: 8-1-35