N.Y. Environmental Conservation Law § 27-1701: Lead-acid battery recycling

§ 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.