§2165. Regulation of certain dry cell batteries
1. Definitions.
As used in this section and section 2166, the following terms have the following
meanings.
A. "Industrial, communications or medical facility" means a structure or site where
15 or more people are employed and:
(1) Where articles are assembled, manufactured or fabricated;
(2) Are included in major group 48 of the federal Office of Management and Budget,
Standard Industrial Codes; or
(3) Where medical services are provided. [1991, c. 808, §2 (NEW).]
B. "Rechargeable battery" means any nickel-cadmium or sealed lead-acid battery that
is designed for reuse and is capable of being recharged after repeated use. [1991, c. 808, §2 (NEW).]
[
1991, c. 808, §2 (NEW)
.]
2. Disposal ban.
A person employed directly or indirectly by a government agency, or an industrial,
communications or medical facility may not knowingly dispose of a dry cell mercuric
oxide battery or a rechargeable battery in a manner that is not part of a collection
system established under subsection 4.
[
1991, c. 808, §2 (NEW)
.]
3. User responsibility.
A government agency or industrial, communications or medical facility shall collect
and segregate, by chemical type, the batteries that are subject to the disposal prohibition
under subsection 2 and return each segregated collection either to the supplier that
provided the facility with that type of battery or to a collection facility designated
by the manufacturer of that battery or battery-powered product.
[
1991, c. 808, §2 (NEW)
.]
4. Manufacturer responsibility.
A manufacturer of dry cell mercuric oxide or rechargeable batteries that are subject
to subsection 1 shall:
A. Establish and maintain a system for the proper collection, transportation and processing
of waste dry cell mercuric oxide and rechargeable batteries for purchasers in this
State; [1991, c. 808, §2 (NEW).]
B. Clearly inform each purchaser that intends to use these batteries of the prohibition
on disposal of dry cell mercuric oxide and rechargeable batteries and of the available
systems for proper collection, transportation and processing of these batteries; [1991, c. 808, §2 (NEW).]
C. Identify a collection system through which mercuric oxide and rechargeable batteries
must be returned to the manufacturer or to a manufacturer-designated collection site;
and [1991, c. 808, §2 (NEW).]
D. Include the cost of proper collection, transportation and processing of the waste
batteries in the sales transaction or agreement between the manufacturer and any purchaser. [1991, c. 808, §2 (NEW).]
[
1991, c. 808, §2 (NEW)
.]
5. Supplier responsibility.
A final supplier of mercuric oxide and rechargeable batteries or battery-operated
products is responsible for informing the purchasers that intend to use these batteries
of the purchaser's responsibilities under this section.
[
1991, c. 808, §2 (NEW)
.]
6. Mercury content.
[
2009, c. 86, §2 (AMD);
2011, c. 206, §35 (RP)
.]
7. Effective date.
Except as otherwise indicated, this section takes effect January 1, 1994.
[
1991, c. 808, §2 (NEW)
.]
8. Penalty.
A violation of subsection 2 is a civil violation for which a forfeiture of not more
than $100 per battery disposed of improperly may be adjudged. A violation of subsection
4 is a civil violation for which a forfeiture of not more than $100 may be adjudged.
Each day that a violation continues or exists constitutes a separate offense.
[
2011, c. 206, §36 (AMD)
.]
9. Battery management plan.
[
1995, c. 656, Pt. A, §49 (RP)
.]
SECTION HISTORY
RR 1991, c. 2, §150 (COR).
1991, c. 808, §2 (NEW).
1995, c. 656, §A49 (AMD).
2009, c. 86, §2 (AMD).
2011, c. 206, §§35, 36 (AMD).