Section 27-1701. Lead-acid battery recycling

1.  Legislative  findings.  The  legislature  hereby  finds  that  the
  improper disposal of lead-acid batteries  is  a  direct  threat  to  the
  health   and  safety  of  the  citizens  of  this  state.  Further,  the
  legislature finds that the disposal of  these  batteries  constitutes  a
  waste  of  recyclable  materials.  Therefore,  the legislature finds and
  declares it to be in the public interest to  facilitate  the  collection
  and  recycling  of  lead-acid batteries in this state by prohibiting the
  improper disposal  of  lead-acid  batteries,  establishing  a  financial
  incentive  for  the  return  of  used batteries, and requiring lead-acid
  battery retailers and distributors to  accept  used  batteries  free  of
  charge from the public.
    2. Definitions. When used in this section:
    a.  "Authorized  hazardous  waste  facility" means any hazardous waste
  treatment, storage and disposal facility permitted pursuant  to  section
  27-0913  of  this  article  which  is  authorized  to  accept  lead-acid
  batteries.
    b. "Collector" means any person who  accepts  lead-acid  batteries  in
  order  to transfer them to a recycling facility, an authorized hazardous
  waste facility or another collector.
    c. "Consumer" means any person who purchases a lead-acid  battery  for
  use  other  than resale, provided however, that consumer does not mean a
  person who purchases a  new  or  used  vehicle  containing  a  lead-acid
  battery.
    d.  "Dispose" or "disposal" means the abandonment, discharge, deposit,
  injection, dumping, spilling, leaking or placing  of  any  substance  so
  that  such  substance  or  any related constituent thereof may enter the
  environment. Disposal also means the thermal  destruction  of  waste  or
  hazardous  waste  and the burning of such wastes as fuel for the purpose
  of recovering useable energy.
    e. "Distributor" means any person who sells lead-acid batteries  to  a
  retailer  in  this  state,  including  any  manufacturer  who  sells  to
  retailers in the state.
    f. "Lead-acid battery" means any battery with a  capacity  of  six  or
  more  volts which contains lead and sulfuric acid and which is used as a
  power source in a vehicle.
    g.  "Manufacturer"  means  any  person  who   manufactures   lead-acid
  batteries.
    h. "Mixed municipal solid waste" means any material managed at a solid
  waste management facility as defined in section 27-0701 of this article.
    i.  "Recycling  facility"  means  any  person  who processes lead-acid
  batteries and/or  parts  thereof  in  order  to  recover  the  materials
  contained therein for later use.
    j.  "Retailer"  means any person in this state who sells new lead-acid
  batteries to consumers.
    k. "Return incentive payment" means a payment pursuant to  subdivision
  five of this section to a retailer from a consumer who does not return a
  used lead-acid battery at the time of purchasing a new lead-acid battery
  from such retailer.
    l.  "Vehicle"  means  any motor powered device which is self-propelled
  and designed for carrying persons or property or which is used  for  the
  transportation  of  persons, including, but not limited to, automobiles,
  buses, trucks, boats,  motorcycles,  snowmobiles  and  lawn  and  garden
  equipment.
    3. Lead-acid battery disposal prohibitions. a. No person shall dispose
  of  a  lead-acid  battery  in  mixed  municipal solid waste or otherwise
  dispose of a  lead-acid  battery  except  by  delivery  to  a  retailer,

  distributor, collector, recycling facility or as a method of last resort
  to an authorized hazardous waste facility.
    b. No retailer shall dispose of a lead-acid battery except by delivery
  to  a  distributor, collector, recycling facility or as a method of last
  resort to an authorized hazardous waste facility.
    c. No distributor shall dispose  of  a  lead-acid  battery  except  by
  delivery  to  a  collector,  recycling  facility  or as a method of last
  resort to an authorized hazardous waste facility.
    d. No collector  shall  dispose  of  a  lead-acid  battery  except  by
  delivery  to  a recycling facility, another collector, or as a method of
  last resort to an authorized hazardous waste facility.
    e. No recycling facility or authorized hazardous waste facility  shall
  store,  recycle  or  dispose of a lead-acid battery except in accordance
  with regulations promulgated pursuant to this chapter.
    4. Lead-acid battery collection. a. Every retailer shall accept up  to
  two  used  lead-acid batteries per calendar month from any individual at
  no charge to such individual.
    b. Every distributor shall accept up to two used  lead-acid  batteries
  per  calendar  month from any individual at no charge to such individual
  and shall accept used lead-acid batteries from any retailer to which the
  distributor sells lead-acid batteries at no charge to such retailer.
    5. a. Any consumer purchasing a new lead-acid  battery  who  does  not
  return  a  used  lead-acid  battery  to the retailer at the time of such
  purchase shall pay such retailer a  return  incentive  payment  of  five
  dollars per lead-acid battery sold.
    b.  A  retailer  shall  refund  to  a  consumer the five dollar return
  incentive payment collected pursuant  to  this  subdivision  if,  within
  thirty  days of the date of the purchase of a new lead-acid battery, the
  consumer returns to such retailer a used lead-acid battery.  Any  return
  incentive  payment  not  refunded  to  the  consumer  pursuant  to  this
  subdivision shall be retained by the retailer.
    c.  In  collecting  a  return  incentive  payment  pursuant  to   this
  subdivision,  the  retailer  shall inform the consumer of the retailer's
  obligation to refund such return  incentive  payment  to  such  consumer
  should the consumer return a used lead-acid battery within thirty days.
    6.  Posting  requirements. Every retailer and distributor shall post a
  conspicuous  sign,  open  to  public  view,  displaying  the   universal
  recycling  symbol  and  stating:  "IT  IS  ILLEGAL  TO  DISCARD  VEHICLE
  BATTERIES. STATE LAW REQUIRES US  TO  ACCEPT  VEHICLE  BATTERIES  AT  NO
  CHARGE FOR RECYCLING."
    7.  Applicability of other laws. For the purposes of this section, any
  retailer, distributor, or collector who complies with  the  requirements
  set  forth in this section shall be exempt from the provisions of titles
  seven and nine of this article and article seventy-two of this chapter.
    8. Any provision of any  local  law  or  ordinance,  or  any  rule  or
  regulation  promulgated  thereto,  governing  the  collection, return or
  recycling  of  lead-acid  batteries  which  is  inconsistent  with   any
  provision  of  this title shall upon the effective date of this title be
  preempted, provided, however, that such preemption shall not  extend  to
  any  provision  of  a  local  law  or  ordinance prohibiting the illegal
  disposal of lead-acid batteries.
    9. The provisions of this title shall be severable and if any  portion
  thereof  or  the  applicability  thereof  to any person or circumstances
  shall be held invalid, the remainder of this title and  the  application
  thereof shall not be affected thereby.