reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:1E-99.41 - Material code labels on bottles, containers; required

13:1E-99.41. Material code labels on bottles, containers; required
a. On or after January 1, 1991, no person shall sell, offer for sale, or distribute any plastic bottle or plastic container in this State unless the bottle or container is labeled with a material code indicating the plastic resin used to produce the bottle or container. Any plastic bottle or plastic container with a label or basecup affixed thereto, the composition of which consists of a different material than the bottle or container itself, shall be coded by its basic material.
b. The material code shall consist of a uniform symbol and identification number, and an acronym comprising no more than five letters. The symbol shall consist of a triangular-shaped configuration of three arrows with a specific number placed within the center of the symbol to indicate the composition of the material used to produce the bottle or container. The acronym shall be placed below the triangle of arrows. The triangle shall be equilateral, formed by three arrows with the apex of each point of the triangle at the midpoint of each arrow, rounded with a short radius. The pointer (arrowhead) of each arrow shall be at the midpoint of each side of the triangle with a short gap separating the pointer from the base of the adjacent arrow. The triangle, formed by the three arrows curved at their midpoints shall depict a clockwise path around the code number.
c. The material code shall consist of an identification number and acronym as follows:
(1) Polyethylene terephthalate: "1" and "PETE";
(2) High density polyethylene: "2" and "HDPE";
(3) Vinyl: "3" and "V";
(4) Low density polyethylene: "4" and "LDPE";
(5) Polypropylene: "5" and "PP";
(6) Polystyrene: "6" and "PS"; and
(7) All other plastic resins and laminates: "7" and
"OTHER".
d. The commissioner shall maintain on file in the department for public inspection copies of the material code provided in subsection c. of this section. The department shall provide a copy to any person upon request.
L.1989, c.268, s.2.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:1E-99.42 - Violations, penalties

13:1E-99.42. Violations, penalties
a. Any person convicted of a violation of this act shall be subject to a penalty of not less than $500.00 nor more than $1,000.00 for each offense, to be collected in a civil action by a summary proceeding under "the penalty enforcement law," (N.J.S.2A:58-1 et seq.), or in any case before a court of competent jurisdiction wherein injunctive relief has been requested. The Superior Court and the municipal court shall have jurisdiction to enforce the provisions of "the penalty enforcement law" in connection with this act. If the violation is of a continuing nature, each day during which it continues constitutes an additional, separate, and distinct offense.
b. The department may institute a civil action for injunctive relief to enforce this act and to prohibit and prevent a violation of this act, and the court may proceed in the action in a summary manner.
L.1989, c.268, s.3.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:1E-99.43 - Rules, regulations

13:1E-99.43. Rules, regulations
The commissioner shall adopt, within one year of the effective date of this act and pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations necessary to implement this act.
L.1989, c.268, s.4.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:1E-99.45 - Findings, declarations, determinations

13:1E-99.45. Findings, declarations, determinations
2. The Legislature finds that discarded packaging constitutes the largest single category of solid waste within New Jersey's waste stream and is, therefore, a necessary focus of any effort to reduce the flow of solid waste to costly disposal facilities; that the presence of heavy metals in packaging is a matter of great concern in light of their likely presence in emissions or ash when packaging is incinerated at a resource recovery facility, or in leachate when packaging is landfilled; that lead, mercury, cadmium and hexavalent chromium, on the basis of available scientific and medical evidence, are of particular concern; that it is desirable as a first step in reducing the toxicity of packaging waste to eliminate the addition of these heavy metals to packaging; and that because New Jersey is faced with a very restricted range of disposal alternatives, the reduction at the source of toxic packaging materials can make a significant contribution to the reduction of the State's overall solid waste stream.
The Legislature further finds and declares that a Statewide solid waste reduction strategy must begin with fundamental changes in manufacturing practices and packaging processes; and that the most effective and appropriate method to promote reduction is to prohibit the distribution or sale of toxic packaging in this State.
The Legislature therefore determines that it is in the public interest to achieve this reduction in toxicity without impeding or discouraging the expanded use of post-consumer waste materials in the production of packaging and its components.
L.1991,c.520,s.2.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:1E-99.46 - Definitions.

13:1E-99.46 Definitions.
3. As used in this act:
"Commissioner" means the Commissioner of Environmental Protection.
"Department" means the Department of Environmental Protection.
"Distribution" means the practice of taking title to packages or packaging components for promotional purposes or resale.
"Distributor" means any person who distributes packaged products intended for retail sale in packages or packaging components, but shall not include any person involved solely in delivering packages or packaging components on behalf of third parties.
"Manufacturing" means the physical or chemical modification of a material to produce packaging or packaging components.
"Package" means a container specifically manufactured for the purposes of marketing, protecting or handling a product and shall include a unit package, an intermediate package and a shipping container as defined by the American Society for Testing and Materials in ASTM D996; "package" shall also mean and include such unsealed receptacles as carrying cases, crates, cups, pails, rigid foil and other trays, wrappers and wrapping films, bags and tubs.
"Package manufacturer" means any person who manufactures packages or packaging components.
"Packaging component" means any individual assembled part of a package including, but not limited to, any interior or exterior blocking, bracing, cushioning, weatherproofing, exterior strapping, coating, closure, ink, label, dye, pigment, adhesive, stabilizer or any other additive; except that a "coating" shall not include a thin tin or zinc layer applied to base steel or sheet steel during manufacturing of the steel or package; except that tin-plated steel that meets ASTM specification A-623 shall be considered as a single package component, and electro-galvanized coated steel and hot dipped coated galvanized steel that meets the ASTM specification A-525 and A-879 shall be treated in the same manner as tin-plated steel.
"Product manufacturer" means any person who purchases packages or packaging components from a package manufacturer for the purposes of marketing, protecting or handling the contents of the package or packaging component, including a product intended for retail sale.
"Retailer" means any person who engages in the sale within the State of packaged products intended for retail sale in packages or packaging components to a consumer at retail for off-premises use or consumption.
L.1991,c.520,s.3; amended 1997, c.307, s.1.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:1E-99.47 - Sale of certain packages, components, packaged products, restricted; terms defined.

13:1E-99.47 Sale of certain packages, components, packaged products, restricted; terms defined.
4. a. On or after January 1, 1993, no person shall sell, offer for sale, or offer for promotional purposes in this State any package or packaging component which includes, in the package itself or in any packaging component, inks, dyes, pigments, adhesives, stabilizers or any other additives containing any lead, cadmium, mercury or hexavalent chromium which has been intentionally introduced as a chemical element during manufacturing or distribution as opposed to the incidental presence of any of these elements.
b. On or after January 1, 1993, no person shall sell, offer for sale, or offer for promotional purposes in this State any product contained in a package which includes, in the package itself or in any packaging component, inks, dyes, pigments, adhesives, stabilizers or any other additives containing any lead, cadmium, mercury or hexavalent chromium which has been intentionally introduced as a chemical element during manufacturing or distribution as opposed to the incidental presence of any of these elements.
c. The sum of the concentration levels of lead, cadmium, mercury or hexavalent chromium present in any package or packaging component, which shall constitute an incidental presence, shall not exceed the following levels:
(1) Not more than 600 parts per million by weight (0.06%) after January 1, 1993;
(2) Not more than 250 parts per million by weight (0.025%) after January 1, 1994;
(3) Not more than 100 parts per million by weight (0.01%) after January 1, 1995.
As used in this section, "incidental presence" means the presence or a regulated metal as an unintended or undesired ingredient of a package or packaging component.
As used in this section, "intentionally introduced" means the deliberate use of a regulated heavy metal to provide a desired characteristic, appearance, or quality.
"Intentionally introduced" shall not include:
(1) Using a regulated metal as a processing agent or intermediate to impart certain chemical or physical changes during manufacturing, whereupon the incidental retention of a residue of a regulated metal in the final package or packaging component is neither desired nor deliberate, if the final package or packaging component is in compliance with this act; or
(2) Using recycled materials as feed stock for the manufacture of new packaging materials, where some portion of the recycled materials may contain amounts of the regulated metals if the new package or packaging component is in compliance with this act.
L.1991,c.520,s.4; amended 1997, c.307, s.2.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:1E-99.49 - Request for information by department

13:1E-99.49. Request for information by department
6. a. Any person claiming an exemption pursuant to subsection a. of section 5 of this act shall maintain on file, and shall transmit, in writing, to the department upon its request, the following information:
(1) A statement setting forth the specific basis upon which the exemption is claimed;
(2) The full name, business address, telephone number and signature of the person claiming the exemption; and
(3) The full name, business address and telephone number of the authorized local representative of the person claiming the exemption.
b. The information required pursuant to this section shall be furnished to the department for each specified package or packaging component requested by the department.
L.1991,c.520,s.6.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:1E-99.50 - Fees

13:1E-99.50. Fees
7. a. The department may, in accordance with a fee schedule adopted as a rule or regulation pursuant to the provisions of the "Administrative Procedure Act," establish and charge fees for any of the services to be performed or rendered in connection with this act, and for the costs of compliance monitoring and administration.
b. The fee schedule shall reasonably reflect the duration or complexity of the specific service performed or rendered, information reviewed, or inspection, sampling or testing conducted.
L.1991,c.520,s.7.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:1E-99.51 - Certification of compliance

13:1E-99.51. Certification of compliance
8. No later than January 1, 1993, a written certification of compliance stating that a package or packaging component is in compliance with the requirements of this act shall be furnished by the package manufacturer to the product manufacturer or distributor of the product packaged in that specified package or packaging component, which certification shall be signed by an authorized representative of the package manufacturer.
a. The product manufacturer or distributor shall retain the certification of compliance for as long as the package or packaging component is in use. A copy of the certification of compliance shall be kept on file by the package manufacturer. Copies of each certification of compliance shall be furnished to the department upon its request and to members of the public in accordance with the provisions of section 14 of this act.
b. In the event that the package manufacturer reformulates or creates a new package or packaging component, a new or amended certification of compliance shall be furnished by the package manufacturer to the product manufacturer or distributor for the reformulated or new package or packaging component.
c. The provisions of this section shall not apply to any package or packaging component for which a declaration of exemption is kept on file pursuant to subsection b. of section 5 of this act.
L.1991,c.520,s.8.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:1E-99.52 - Determination of compliance by department

13:1E-99.52. Determination of compliance by department
9. a. The department shall have the right to enter the premises of a package manufacturer, product manufacturer, distributor or retailer at which packages or packaging components are manufactured or stored, or at which products packaged in packages or packaging components are sold or offered for sale or for promotional purposes, in order to determine compliance with the provisions of this act, or any rule or regulation adopted pursuant thereto. The department may, at any time during normal business hours and upon presentation of appropriate credentials, conduct inspections, including the taking of samples of products packaged in a package or packaging component, for the purpose of testing the package or packaging component. The department may be required to purchase any product packaged in a package or packaging component for which a sample is sought at a retail establishment, if requested to do so by the retailer.
b. The department may request, by certified mail, that any package manufacturer, product manufacturer or distributor transmit to the department a written certification that a specified package or packaging component is in compliance with the provisions of this act. The package manufacturer, product manufacturer or distributor, as the case may be, shall submit copies of each declaration of exemption and certification of compliance to the department within 45 days of receipt of the request. Upon receipt by the department of the information requested from the package manufacturer, product manufacturer or distributor, the department shall review this information and shall verify that all certifications of compliance are complete and that all declarations of exemption claimed are valid and in accordance with the criteria provided in section 5 of this act.
L.1991,c.520,s.9.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:1E-99.53 - Noncompliance

13:1E-99.53. Noncompliance
10. a. Whenever the commissioner finds that a package or packaging component fails to comply with the provisions of this act, or any rule or regulation adopted pursuant thereto, the commissioner may issue an order requiring the distributor or retailer, as the department deems appropriate, to remove or arrange for the removal of the entire allotment of the product packaged in the noncomplying package or packaging component from the premises, and directing that the distributor or retailer return the entire allotment of the product packaged in the noncomplying package or packaging component to the product manufacturer for credit or reimbursement.
b. Whenever the commissioner finds that a package manufacturer, product manufacturer or distributor has failed to respond to a request for certification made by the department pursuant to subsection b. of section 9 of this act, the commissioner may issue an order requiring the package manufacturer or product manufacturer, as the department deems appropriate, to submit a specified package or packaging component to laboratory analysis, conducted at the ordered person's expense by a laboratory certified by the department in accordance with rules or regulations adopted pursuant to the "Administrative Procedure Act," in order to certify that the package or packaging component is in compliance with the provisions of this act.
c. Whenever the commissioner finds that a package or packaging component fails to comply with the provisions of this act, or any rule or regulation adopted pursuant thereto, all samples taken from the same allotment of the noncomplying package or packaging component for the purpose of testing shall constitute a single violation.
L.1991,c.520,s.10.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:1E-99.55 - "Toxic Packaging Reduction Fund" created

13:1E-99.55. "Toxic Packaging Reduction Fund" created
12. There is created in the Department of Environmental Protection and Energy a special nonlapsing fund to be known as the "Toxic Packaging Reduction Fund." The fund shall be administered by the department and shall be the depository for all fees collected pursuant to section 7 of this act, and all assessments and penalties received pursuant to section 11 of this act, and any interest earned thereon. Unless otherwise specifically provided by law, monies in the fund shall be utilized exclusively by the department to administer and enforce the provisions of this act, or any rule or regulation adopted pursuant thereto.
L.1991,c.520,s.12.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:1E-99.56 - Review, report.

13:1E-99.56 Review, report.
13. The department, in consultation with the Source Reduction Task Force of the Coalition of Northeastern Governors (CONEG), shall review the effectiveness of this act no later than 42 months after its effective date and shall provide to the Governor and the Legislature a written report based upon that review.
a. The report shall include:
(1) a recommendation whether to continue the exemptions provided in paragraphs (7), (8) and (9) of subsection a. of section 5 of this act; and
(2) a description of the nature of the substitute elements used in lieu of lead, cadmium, mercury or hexavalent chromium during the manufacturing or distribution of a package or packaging component.
b. The report may contain recommendations to include additional toxic substances contained in packages or packaging components on the list set forth in section 4 of this act in order to further reduce the toxicity of packaging waste.
Any recommendation to include an additional toxic substance on the list set forth in section 4 of this act shall include:
(1) a determination as to whether the continued use of the proposed substance presents or will present an unreasonable risk to health or the environment, which determination shall utilize a nationally recognized risk assessment protocol taking into account the magnitude and severity of the environmental harm against the benefits of the substance to product manufacturers and the general public;
(2) a determination as to the availability of a substitute element to be used in lieu of the proposed substance; and
(3) a description of other adverse effects which the addition of the proposed substance to the list set forth in section 4 of this act may have on product manufacturers or the general public.
L.1991,c.520,s.13; amended 1997, c.307, s.4.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:1E-99.57 - Request for copy of declaration of exemption, certificate of compliance

13:1E-99.57. Request for copy of declaration of exemption, certificate of compliance
14. A member of the public may request a package manufacturer, product manufacturer or distributor for a copy of the declaration of exemption or certification of compliance for any specified package or packaging component. The request shall be made in writing with a copy thereof provided to the department. The package manufacturer, product manufacturer or distributor shall respond, in writing, within 60 days of receipt of the request and shall provide a copy of this response to the department.
L.1991,c.520,s.14.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:1E-99.58 - Rules, regulations

13:1E-99.58. Rules, regulations
15. The department shall adopt, pursuant to the provisions of the "Administrative Procedure Act," any rules or regulations necessary to implement the provisions of this act.
L.1991,c.520,s.15.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:1E-99.62 - Restricted sales of certain batteries

13:1E-99.62. Restricted sales of certain batteries
4. a. No person shall sell, offer for sale, or offer for promotional purposes in this State any alkaline manganese battery which exceeds the following mercury concentration levels:
(1) For alkaline manganese batteries, other than button or coin shaped batteries, not more than 250 parts per million by weight (0.025%) for all batteries manufactured on or after January 1, 1992; and
(2) For button or coin shaped alkaline manganese batteries, not more than 25 milligrams of mercury per battery for all batteries manufactured on or after January 1, 1992.
b. No person shall sell, offer for sale, or offer for promotional purposes in this State any zinc-carbon battery which exceeds a mercury concentration level of one part per million by weight (0.0001%) for all batteries manufactured on or after January 1, 1992.
c. No person shall sell, offer for sale, or offer for promotional purposes in this State any alkaline manganese battery which exceeds a mercury concentration level of one part per million by weight (0.0001%) for all batteries manufactured on or after January 1, 1996.
L.1991,c.521,s.4.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:1E-99.63 - Restricted sale of consumer mercuric oxide battery

13:1E-99.63. Restricted sale of consumer mercuric oxide battery
5. a. No person shall sell, offer for sale, or offer for promotional purposes in this State any consumer mercuric oxide battery which exceeds a mercury concentration level of more than 250 parts per million by weight (0.025%) for all batteries manufactured on or after January 1, 1992.
b. Prior to January 1, 1994, the provisions of this section shall not apply to consumer mercuric oxide batteries being sold for use in hearing aids which require a consumer mercuric oxide battery to function properly and which are sold by hearing aid dispensers licensed pursuant to the provisions of P.L.1973, c.19 (C.45:9A-1 et seq.) or by other specialized hearing aid dispensers authorized by the commissioner to sell these batteries.
L.1991,c.521,s.5.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:1E-99.65 - Sale of certain batteries dependent on battery management plan

13:1E-99.65. Sale of certain batteries dependent on battery management plan
7. a. No person shall sell, offer for sale, or offer for promotional purposes in this State any mercuric oxide battery, or any nickel-cadmium or sealed lead rechargeable battery, unless the manufacturer thereof has obtained the prior written approval of the department of a plan for the collection, transportation, recycling or proper disposal of that used dry cell battery pursuant to the provisions of section 8 of this act.
Any two or more manufacturers may submit a joint plan to the department for any specified mercuric oxide battery or rechargeable battery that they manufacture.
b. Every manufacturer shall be liable, at his own expense, for the environmentally sound collection, transportation, recycling or proper disposal of every used mercuric oxide battery, or used nickel-cadmium or sealed lead rechargeable battery, as the case may be, produced by him and sold or offered for promotional purposes in this State.
c. Manufacturers may establish or utilize a trade association or a consortium comprised of members of the dry cell battery industry, as appropriate, in order to facilitate compliance with the requirements of this act.
L.1991,c.521,s.7.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:1E-99.67 - Submission of dry cell battery collection plan

13:1E-99.67. Submission of dry cell battery collection plan
9. a. Within nine months of the effective date of this act, every manufacturer of dry cell batteries sold or offered for promotional purposes in this State shall prepare and submit to the department, in writing, a dry cell battery collection plan to expand or increase the Statewide collection, recycling or proper disposal of all used dry cell batteries produced by that manufacturer.
b. Each dry cell battery collection plan submitted by a manufacturer shall include, but need not be limited to:
(1) A strategy for expanding and increasing the collection, recycling or proper disposal of all used dry cell batteries in each county, including, but not limited to, those alkaline manganese, consumer mercuric oxide or zinc-carbon batteries manufactured prior to the effective date of this act; and
(2) A strategy for establishing and implementing, as the department deems necessary, an industry-wide uniform coding system for the identification and labeling of all dry cell batteries by brand name, electrode type, product type or shape; except that the commissioner may grant a waiver from this requirement based on evidence furnished to the department that it is not technologically feasible to label a specified dry cell battery.
The commissioner shall maintain on file in the department for public inspection copies of any uniform coding system implemented pursuant to this paragraph. The department shall provide a copy to any person upon request.
c. Within 15 months of the effective date of this act and at least once every six months thereafter, every manufacturer of dry cell batteries shall submit a written report to the department on used dry cell battery return or recovery rates in accordance with rules and regulations adopted by the department therefor.
L.1991,c.521,s.9.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:1E-99.68 - Disposal of mercuric oxide batteries as solid waste, prohibited

13:1E-99.68. Disposal of mercuric oxide batteries as solid waste, prohibited
10. a. No person shall knowingly dispose of used mercuric oxide batteries as solid waste at any time.
b. Any person seeking to dispose of used mercuric oxide batteries may:
(1) transport these types of used dry cell batteries to a household hazardous waste collection site established pursuant to a county household hazardous waste collection program;
(2) place these types of used dry cell batteries for collection in the manner provided by the municipal recycling ordinance in instances where the adopted district recycling plan as approved by the department pursuant to section 3 of P.L.1987, c.102 (C.13:1E-99.13) requires the collection and disposition of used dry cell batteries as a designated source separated recyclable material; or
(3) collect, transport, recycle or dispose of these types of used dry cell batteries as otherwise provided by the battery management plan required pursuant to section 8 of this act.
L.1991,c.521,s.10.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:1E-99.69 - Disposal of used nickel-cadmium rechargeable batteries as solid waste, prohibited

13:1E-99.69. Disposal of used nickel-cadmium rechargeable batteries as solid waste, prohibited
11. a. No person shall knowingly dispose of used nickel-cadmium rechargeable batteries or used sealed lead rechargeable batteries as solid waste at any time.
b. Any person seeking to dispose of used nickel-cadmium or sealed lead rechargeable batteries derived from household use may:
(1) return these types of used dry cell batteries to a retailer unless otherwise provided by the battery management plan required pursuant to section 8 of this act;
(2) transport these types of used dry cell batteries to a household hazardous waste collection site established pursuant to a county household hazardous waste collection program;
(3) place these types of used dry cell batteries for collection in the manner provided by the municipal recycling ordinance in instances where the adopted district recycling plan as approved by the department pursuant to section 3 of P.L.1987, c.102 (C.13:1E-99.13) requires the collection and disposition of used dry cell batteries as a designated source separated recyclable material; or
(4) collect, transport, recycle or dispose of these types of used dry cell batteries as otherwise provided by the battery management plan required pursuant to section 8 of this act.
L.1991,c.521,s.11.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:1E-99.70 - Solid waste collector not to collect certain used batteries

13:1E-99.70. Solid waste collector not to collect certain used batteries
12. a. No solid waste collector registered pursuant to sections 4 and 5 of P.L.1970, c.39 (C.13:1E-4 and 13:1E-5) shall, at any time, knowingly collect used mercuric oxide batteries, used nickel-cadmium rechargeable batteries or used sealed lead rechargeable batteries placed for collection and disposal as solid waste.
b. A solid waste collector may refuse to collect the contents of a solid waste container containing a visible quantity of used mercuric oxide batteries or used rechargeable batteries.
L.1991,c.521,s.12.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:1E-99.71 - Solid waste facility not to accept certain used batteries for disposal

13:1E-99.71. Solid waste facility not to accept certain used batteries for disposal
13. a. No solid waste facility in this State shall knowingly accept for disposal any truckload or roll-off container of solid waste containing a visible quantity of used mercuric oxide batteries, used nickel-cadmium rechargeable batteries or used sealed lead rechargeable batteries at any time.
b. The owner or operator of a solid waste facility may refuse to accept for disposal any truckload or roll-off container of solid waste containing a visible quantity of used mercuric oxide batteries or used rechargeable batteries.
L.1991,c.521,s.13.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:1E-99.72 - Retailers, distributors, manufacturers to accept used batteries

13:1E-99.72. Retailers, distributors, manufacturers to accept used batteries
14. a. Except as otherwise provided in a battery management plan approved by the department pursuant to the provisions of section 8 of this act, every retailer shall:
(1) Accept from customers at any time during business hours up to three used nickel-cadmium rechargeable batteries or sealed lead rechargeable batteries derived from household use, of the type and size he sells or offers for sale;
(2) Conspicuously post and maintain, at or near the point of display, a legible sign, not less than 8 1/2 inches by 11 inches in size, informing customers that used rechargeable batteries of the type and size 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 the recycling or proper disposal of these types of used dry cell batteries. The sign shall contain the following inscription:
"It is illegal to dispose of used nickel-cadmium or sealed lead rechargeable batteries in this State as solid waste"; and
"State law requires us to accept used nickel-cadmium or sealed lead rechargeable batteries for return to the manufacturer"; and
(3) Conspicuously provide or maintain, at a convenient location within the retail establishment, collection boxes or other suitable receptacles into which customers may deposit used nickel-cadmium or sealed lead rechargeable batteries accepted by the retailer.
b. Except as otherwise provided in a battery management plan approved by the department pursuant to the provisions of section 8 of this act, a distributor or his agent shall accept the return of all used nickel-cadmium or sealed lead rechargeable batteries he distributes in his service area from a retailer.
c. Every manufacturer, at his own expense, shall accept the return of all used nickel-cadmium or sealed lead rechargeable batteries he manufactures from distributors or retailers as provided in a battery management plan approved by the department pursuant to the provisions of section 8 of this act. A manufacturer shall, upon return of a used dry cell battery, provide for its proper disposal or recycling.
d. The provisions of this section shall not apply to any retail establishment where food or food products are sold or offered for sale directly to the consumer for consumption off the premises of the retail establishment.
L.1991,c.521,s.14.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:1E-99.73 - Institutional generator to provide for disposal of certain batteries

13:1E-99.73. Institutional generator to provide for disposal of certain batteries
15. a. Every institutional generator shall provide for the on-site source separation, collection and disposal of all used mercuric oxide batteries, nickel-cadmium rechargeable batteries and sealed lead rechargeable batteries generated at the facility.
b. Every small quantity generator shall provide for the on-site source separation, collection and disposal of all used mercuric oxide batteries, nickel-cadmium rechargeable batteries and sealed lead rechargeable batteries generated at the facility.
c. Except as otherwise provided in rules or regulations adopted by the department pursuant to P.L.1970, c.39 (C.13:1E-1 et seq.), or as otherwise prescribed under any other applicable federal or State law, every institutional or small quantity generator shall source-separate used mercuric oxide batteries, nickel-cadmium rechargeable batteries and sealed lead rechargeable batteries for collection and disposal in the manner provided in the battery management plan required pursuant to section 8 of this act.
L.1991,c.521,s.15.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:1E-99.74 - Adoption of district household hazardous waste management plan.

13:1E-99.74 Adoption of district household hazardous waste management plan.
16. Whenever a county prepares and adopts a district household hazardous waste management plan, the commissioner may require the plan to be adopted as an amendment to the district solid waste management plan required pursuant to the "Solid Waste Management Act," P.L.1970, c.39 (C.13:1E-1 et seq.). Any district household hazardous waste management plan adopted by a county shall be subject to approval by the department.
a. Each district household hazardous waste management plan, subject to approval by the department, shall identify the county strategy or strategies for the collection and disposal of household hazardous waste, which shall, at a minimum:
(1) provide for the collection and disposal of used mercuric oxide batteries, nickel-cadmium rechargeable batteries and sealed lead rechargeable batteries at least once every 90 days;
(2) be consistent with the provisions of the district recycling plan required pursuant to section 3 of P.L.1987, c.102 (C.13:1E-99.13);
(3) designate, if necessary, one or more collection sites within the county for household hazardous waste collection and disposal; and
(4) include such other information as may be prescribed in rules or regulations of the department.
b. A district household hazardous waste management plan, subject to approval by the department, may provide for the collection and disposal of any used dry cell batteries, cathode ray tubes from used computer monitors or television sets.
c. Household hazardous waste shall be collected, stored and transported in accordance with all applicable standards for such wastes adopted as rules or regulations by the department pursuant to P.L.1970, c.39, or as prescribed under any other applicable federal or State law.
d. The department may use a portion of the moneys available in the State Recycling Fund pursuant to paragraph (2) of subsection b. of section 5 of P.L.1981, c.278 (C.13:1E-96) for the purposes of providing to counties technical assistance and training in proper used dry cell battery management.
L.1991,c.521,s.16; amended 2002, c.106, s.6.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:1E-99.75 - Implementation of countywide used dry cell battery source separation and collection program

13:1E-99.75. Implementation of countywide used dry cell battery source separation and collection program
17. a. The provisions of P.L.1970, c.39 (C.13:1E-1 et seq.) or any rules and regulations adopted pursuant thereto to the contrary notwithstanding, the department, as a condition of any permit or approval required pursuant to P.L.1970, c.39, may require the owner or operator of any resource recovery facility, in conjunction with the governing body of the county wherein the resource recovery facility is located, to implement a countywide used dry cell battery source separation and collection program, which program shall be subject to approval by the department, to ensure that any used dry cell batteries found to be of particular concern are removed from the solid waste stream prior to acceptance for disposal at the resource recovery facility.
b. As used in this section, "resource recovery facility" means a solid waste facility constructed and operated for the incineration of solid waste for energy production and the recovery of metals and other materials for reuse.
L.1991,c.521,s.17.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:1E-99.77 - Addressing consumer complaints, establishment of public education program, determination of compliance

13:1E-99.77. Addressing consumer complaints, establishment of public education program, determination of compliance
19. a. The commissioner shall establish a means of addressing consumer complaints and a public education program to assure the widespread dissemination of information concerning the purpose of this act.
b. The department shall have the right to enter, at any time during normal business hours and upon presentation of appropriate credentials, any retail establishment at which consumer mercuric oxide batteries, nickel-cadmium rechargeable batteries or sealed lead rechargeable batteries are sold or offered for promotional purposes in order to determine compliance with the provisions of this act.
L.1991,c.521,s.19.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:1E-99.78 - Violations, penalties

13:1E-99.78. Violations, penalties
20. a. Any person convicted of a violation of this act shall be subject to a penalty of not less than $500.00 nor more than $1,000.00 for each offense, to be collected in a civil action by a summary proceeding under "the penalty enforcement law," (N.J.S.2A:58-1 et seq.), or in any case before a court of competent jurisdiction wherein injunctive relief has been requested. The Superior Court and the municipal court shall have jurisdiction to enforce the provisions of "the penalty enforcement law" in connection with this act.
If the violation is of a continuing nature, each day during which it continues constitutes an additional, separate, and distinct offense.
b. The department may institute a civil action for injunctive relief to enforce this act and to prohibit and prevent a violation of this act, and the court may proceed in the action in a summary manner.
L.1991,c.521,s.20.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:1E-99.79 - Rules, regulations

13:1E-99.79. Rules, regulations
21. The commissioner shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations necessary to implement this act.
L.1991,c.521,s.21.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:1E-99.80 - Report by commissioner to the Legislature

13:1E-99.80. Report by commissioner to the Legislature
22. a. The commissioner shall prepare a report to the Legislature concerning the implementation of this act, including recommendations as to whether the collection, transportation, recycling or disposal methods prescribed in this act are the most appropriate means to ensure the environmentally sound collection, transportation, recycling or proper disposal of used dry cell batteries. The report shall be transmitted to the Legislature not later than two years following the effective date of this act.
b. The report shall include, but need not be limited to, recommendations concerning:
(1) A requirement that manufacturers further reduce the cadmium, lead or mercury concentration levels in dry cell batteries:
(a) For alkaline manganese dry cell batteries, except for button or coin shaped batteries, not more than one part per million by weight (0.0001%); and
(b) For button or coin shaped alkaline manganese dry cell batteries, not more than five milligrams of mercury per battery;
(2) The practicability and feasibility of providing for the collection of used dry cell batteries by requiring a deposit on, and establishing a refund value for, any dry cell battery sold or offered for promotional purposes in this State; and
(3) The practicability and feasibility of ensuring the proper disposal of used dry cell batteries by imposing a pre-disposal surcharge on the sale of dry cell batteries.
L.1991,c.521,s.22.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:1E-99.81 - Collector, transporter exemptions

13:1E-99.81. Collector, transporter exemptions
23. No collector or transporter utilized by a manufacturer for the collection of used dry cell batteries who is not otherwise required to file a disclosure statement with the Attorney General and the department shall be subject to the provisions of P.L.1983, c.392 (C.13:1E-126 et seq.).
L.1991,c.521,s.23.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:1E-99.84 - Definitions relative to mercury switches in scrap vehicles.

13:1E-99.84 Definitions relative to mercury switches in scrap vehicles.
3. As used in this act:
"Capture rate" means the annual removal, collection, and recovery of mercury switches as a percentage of the total number of mercury switches available for removal from end-of-life vehicles;
"Commissioner" means the Commissioner of Environmental Protection;
"Department" means the Department of Environmental Protection;
"End-of-life vehicle" means a vehicle that is sold, given or otherwise conveyed to a vehicle recycler or scrap recycling facility for the purpose of recycling;
"Manufacturer" means a person, firm, association, partnership, corporation, governmental entity, organization, combination, or joint venture which is the last person in the production or assembly process of a new vehicle that utilizes mercury switches, or in the case of an imported vehicle, the importer or domestic distributor of the vehicle;
"Mercury minimization plan" means a plan for removing, collecting and recovering mercury switches from end-of-life vehicles and prepared pursuant to section 4 of this act;
"Mercury switch" means each mercury-containing capsule, commonly known as a "bullet," that is part of a convenience light switch assembly or part of an anti-lock braking system assembly installed in a vehicle. An anti-lock braking system assembly may contain more than one mercury switch;
"Scrap recycling facility" means a fixed location where machinery and equipment are utilized for processing and manufacturing scrap metal into prepared grades and whose principal product is scrap iron, scrap steel or nonferrous metallic scrap for sale for remelting purposes;
"Vehicle" means any passenger car, station wagon, truck, van, or sport utility vehicle with a gross vehicle weight rating of less than 12,000 pounds; and
"Vehicle recycler" means an individual or entity engaged in the business of acquiring, dismantling or destroying six or more end-of-life vehicles in a calendar year for the primary purpose of resale of their parts.
L.2005,c.54,s.3.