§ 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
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