NY Env Conserv L § 27-1807 (2021)
2021 New York Laws ENV - Environmental Conservation Article 27 - Collection, Treatment and Disposal of Refuse and Other Solid Waste Title 18 - Rechargeable Battery Recycling 27-1807 - Rechargeable Battery Recycling Program.

§ 27-1807. Rechargeable battery recycling program.1.  Rechargeable  batteries shall be returned to a retailer that sells   such batteries that are similar in shape, size and function to those  to   be  disposed of. Rechargeable batteries contained in electronic products   must be removed prior to disposal of such product.a. Retailers having a place of business in the state shall accept from   consumers  at  any  time  during  normal  business  hours   rechargeable   batteries  of  a similar size and shape as the retailer offers for sale.   Retailers shall take up to ten such batteries per day  from  any  person   regardless  of  whether such person purchases replacement batteries, and   retailers shall also  accept  as  many  such  batteries  as  a  consumer   purchases  from  the  retailer.  Retailers  shall conspicuously post and   maintain, at or near the point of entry to  the  place  of  business,  a   legible  sign,  not less than eight and one-half inches by eleven inches   in size, stating that used rechargeable batteries of the size and  shape   sold  or  offered for sale by the retailer may not enter the solid waste   stream, and that the retail  establishment  is  a  collection  site  for   recycling such batteries. Such sign shall state the following in letters   at  least  one inch in height: "It is illegal to dispose of rechargeable   batteries in the state of New  York  as  solid  waste.  We  accept  used   rechargeable batteries for return to the manufacturer."b.  Retailers  that  sell  rechargeable  batteries to consumers in the   state through non-retail outlets such as through catalogs, or  by  mail,   telephone  or  the  internet  shall  provide  at the time of purchase or   delivery to the  consumer  notice  of  an  opportunity  to  return  used   rechargeable  batteries  at  no  cost  to  the  consumer  for  reuse  or   recycling.c. Retailers in the state shall conspicuously maintain, at a  location   within the retail establishment that is convenient for use by consumers,   collection   boxes  or  other  suitable  receptacles,  supplied  by  the   manufacturer, into which consumers may safely deposit used  rechargeable   batteries.d.  Retailers  must  be  in  compliance  with  the  provisions of this   subdivision no later than one hundred eighty days  after  the  effective   date of this title.2.   Every   battery  manufacturer,  or  any  combination  of  battery   manufacturers working together, shall, at the battery manufacturer's own   expense,  arrange  for  the  return  of,  and  recycling  of,  all  used   rechargeable   batteries   collected   by   retailers.   Every   battery   manufacturer  or  any  combination  of  battery  manufacturers   working   together, shall be responsible for, at a minimum, the following:a. Within ninety days of the effective date of this title, submittance   to  the  commissioner  of  a  plan  that identifies the methods by which   battery  manufacturers  will  safely  collect,  transport,  and  recycle   rechargeable  batteries  collected  by  retailers  at the expense of the   battery manufacturer and provide retailers with information on the  safe   handling and storage of rechargeable batteries.b.  Submittance  to  the  department  of  annual  reports,  on  a form   prescribed by the department,  concerning  the  amount  of  rechargeable   batteries  received within the state and recycled either by number or by   weight; the costs of such efforts; and any other relevant information as   required by the department.c. Undertaking of  efforts  to  educate  the  citizens  of  the  state   regarding the appropriate ways to recycle rechargeable batteries.3. The commissioner shall approve or reject any battery manufacturer's   collection, transportation, and recycling plans described in paragraph a   of subdivision two of this section within ninety days of submission and,   if  rejected,  inform  the  battery  manufacturer  in  writing as to any    deficiencies  in  said  plan.  Battery  manufacturers  shall  amend  and   resubmit  any  rejected  plans  for reconsideration within sixty days of   notification of the rejection  of  said  plan.  The  commissioner  shall   approve or reject said plan within thirty days of resubmission.4.  The commissioner shall analyze the information provided by battery   manufacturers pursuant to paragraph b of subdivision two of this section   and report such analysis to the governor and the legislature  every  two   years.5.  The  commissioner  is  authorized  to  promulgate  any  rules  and   regulations needed to implement this title.