NY Env Conserv L § 27-1701 (2021)
2021 New York Laws ENV - Environmental Conservation Article 27 - Collection, Treatment and Disposal of Refuse and Other Solid Waste Title 17 - Lead-Acid Battery Recycling 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.