§ 27-1701. Lead-acid battery recycling.\n 1. Legislative findings. The legislature hereby finds that the\nimproper disposal of lead-acid batteries is a direct threat to the\nhealth and safety of the citizens of this state. Further, the\nlegislature finds that the disposal of these batteries constitutes a\nwaste of recyclable materials. Therefore, the legislature finds and\ndeclares it to be in the public interest to facilitate the collection\nand recycling of lead-acid batteries in this state by prohibiting the\nimproper disposal of lead-acid batteries, establishing a financial\nincentive for the return of used batteries, and requiring lead-acid\nbattery retailers and distributors to accept used batteries free of\ncharge from the public.\n 2. Definitions. When used in this section:\n a.
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§ 27-1701. Lead-acid battery recycling.\n 1. Legislative findings. The legislature hereby finds that the\nimproper disposal of lead-acid batteries is a direct threat to the\nhealth and safety of the citizens of this state. Further, the\nlegislature finds that the disposal of these batteries constitutes a\nwaste of recyclable materials. Therefore, the legislature finds and\ndeclares it to be in the public interest to facilitate the collection\nand recycling of lead-acid batteries in this state by prohibiting the\nimproper disposal of lead-acid batteries, establishing a financial\nincentive for the return of used batteries, and requiring lead-acid\nbattery retailers and distributors to accept used batteries free of\ncharge from the public.\n 2. Definitions. When used in this section:\n a. "Authorized hazardous waste facility" means any hazardous waste\ntreatment, storage and disposal facility permitted pursuant to section\n27-0913 of this article which is authorized to accept lead-acid\nbatteries.\n b. "Collector" means any person who accepts lead-acid batteries in\norder to transfer them to a recycling facility, an authorized hazardous\nwaste facility or another collector.\n c. "Consumer" means any person who purchases a lead-acid battery for\nuse other than resale, provided however, that consumer does not mean a\nperson who purchases a new or used vehicle containing a lead-acid\nbattery.\n d. "Dispose" or "disposal" means the abandonment, discharge, deposit,\ninjection, dumping, spilling, leaking or placing of any substance so\nthat such substance or any related constituent thereof may enter the\nenvironment. Disposal also means the thermal destruction of waste or\nhazardous waste and the burning of such wastes as fuel for the purpose\nof recovering useable energy.\n e. "Distributor" means any person who sells lead-acid batteries to a\nretailer in this state, including any manufacturer who sells to\nretailers in the state.\n f. "Lead-acid battery" means any battery with a capacity of six or\nmore volts which contains lead and sulfuric acid and which is used as a\npower source in a vehicle.\n g. "Manufacturer" means any person who manufactures lead-acid\nbatteries.\n h. "Mixed municipal solid waste" means any material managed at a solid\nwaste management facility as defined in section 27-0701 of this article.\n i. "Recycling facility" means any person who processes lead-acid\nbatteries and/or parts thereof in order to recover the materials\ncontained therein for later use.\n j. "Retailer" means any person in this state who sells new lead-acid\nbatteries to consumers.\n k. "Return incentive payment" means a payment pursuant to subdivision\nfive of this section to a retailer from a consumer who does not return a\nused lead-acid battery at the time of purchasing a new lead-acid battery\nfrom such retailer.\n l. "Vehicle" means any motor powered device which is self-propelled\nand designed for carrying persons or property or which is used for the\ntransportation of persons, including, but not limited to, automobiles,\nbuses, trucks, boats, motorcycles, snowmobiles and lawn and garden\nequipment.\n 3. Lead-acid battery disposal prohibitions. a. No person shall dispose\nof a lead-acid battery in mixed municipal solid waste or otherwise\ndispose of a lead-acid battery except by delivery to a retailer,\ndistributor, collector, recycling facility or as a method of last resort\nto an authorized hazardous waste facility.\n b. No retailer shall dispose of a lead-acid battery except by delivery\nto a distributor, collector, recycling facility or as a method of last\nresort to an authorized hazardous waste facility.\n c. No distributor shall dispose of a lead-acid battery except by\ndelivery to a collector, recycling facility or as a method of last\nresort to an authorized hazardous waste facility.\n d. No collector shall dispose of a lead-acid battery except by\ndelivery to a recycling facility, another collector, or as a method of\nlast resort to an authorized hazardous waste facility.\n e. No recycling facility or authorized hazardous waste facility shall\nstore, recycle or dispose of a lead-acid battery except in accordance\nwith regulations promulgated pursuant to this chapter.\n 4. Lead-acid battery collection. a. Every retailer shall accept up to\ntwo used lead-acid batteries per calendar month from any individual at\nno charge to such individual.\n b. Every distributor shall accept up to two used lead-acid batteries\nper calendar month from any individual at no charge to such individual\nand shall accept used lead-acid batteries from any retailer to which the\ndistributor sells lead-acid batteries at no charge to such retailer.\n 5. a. Any consumer purchasing a new lead-acid battery who does not\nreturn a used lead-acid battery to the retailer at the time of such\npurchase shall pay such retailer a return incentive payment of five\ndollars per lead-acid battery sold.\n b. A retailer shall refund to a consumer the five dollar return\nincentive payment collected pursuant to this subdivision if, within\nthirty days of the date of the purchase of a new lead-acid battery, the\nconsumer returns to such retailer a used lead-acid battery. Any return\nincentive payment not refunded to the consumer pursuant to this\nsubdivision shall be retained by the retailer.\n c. In collecting a return incentive payment pursuant to this\nsubdivision, the retailer shall inform the consumer of the retailer's\nobligation to refund such return incentive payment to such consumer\nshould the consumer return a used lead-acid battery within thirty days.\n 6. Posting requirements. Every retailer and distributor shall post a\nconspicuous sign, open to public view, displaying the universal\nrecycling symbol and stating: "IT IS ILLEGAL TO DISCARD VEHICLE\nBATTERIES. STATE LAW REQUIRES US TO ACCEPT VEHICLE BATTERIES AT NO\nCHARGE FOR RECYCLING."\n 7. Applicability of other laws. For the purposes of this section, any\nretailer, distributor, or collector who complies with the requirements\nset forth in this section shall be exempt from the provisions of titles\nseven and nine of this article and article seventy-two of this chapter.\n 8. Any provision of any local law or ordinance, or any rule or\nregulation promulgated thereto, governing the collection, return or\nrecycling of lead-acid batteries which is inconsistent with any\nprovision of this title shall upon the effective date of this title be\npreempted, provided, however, that such preemption shall not extend to\nany provision of a local law or ordinance prohibiting the illegal\ndisposal of lead-acid batteries.\n 9. The provisions of this title shall be severable and if any portion\nthereof or the applicability thereof to any person or circumstances\nshall be held invalid, the remainder of this title and the application\nthereof shall not be affected thereby.\n