GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1991

H	2 

HOUSE BILL 620
Second Edition Engrossed 5/9/91

Short Title:  Recycle Lead-Acid Batteries.	(Public)
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Sponsors: Representatives Gray; and Bowman.
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Referred to:  Environment.
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April 8, 1991

A BILL TO BE ENTITLED
AN ACT TO REQUIRE THE RECYCLING OF LEAD-ACID BATTERIES AND TO OTHERWISE REGULATE THE DISPOSAL OF LEAD-ACID BATTERIES.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 130A-309.10(f) reads as rewritten:
"(f)	In accordance with the following schedule, no person shall knowingly dispose of the following special wastes in landfills:
	(2)	Used oil, after 1 October 1990.
(3)	Yard trash, after 1 January 1993, except in landfills classified for such use under rules adopted by the Commission.  Yard trash that is source separated from solid waste may be accepted at a solid waste disposal area where the area provides and maintains separate yard trash composting facilities.
(4)	White goods, after 1 January 1991."
Sec. 2.  Article 9 of Chapter 130A of the General Statutes is amended by adding a new Part to read:
"Part 2C.  Lead-Acid Batteries.
"§ 130A-309.70.  Landfilling, incinerating lead-acid batteries prohibited; delivery for recycling required.
(a)	No person shall place or dispose of a used lead-acid battery in a landfill, incinerator, or in any waste-to-energy facility.  Any person may deliver a lead-acid battery to a battery retailer or wholesaler, or to a secondary lead smelter, or to a collection or recycling facility authorized under this Chapter or by the United States Environmental Protection Agency.
(b)	No battery retailer shall place or dispose of a used lead-acid battery in a landfill, incinerator, or waste-to-energy facility.  Any battery retailer may deliver a used lead-acid battery to the agent of a battery wholesaler or a secondary lead smelter, to a battery manufacturer for delivery to a secondary lead smelter, or to a collection or recycling facility authorized under this Chapter or by the United States Environmental Protection Agency.
(c)	Any person who places or disposes of a lead-acid battery in violation of this section shall be assessed a civil penalty of not more than fifty dollars ($50.00) per violation.  Each battery improperly disposed of shall constitute a separate violation.
"§ 130A-309.71.  Retailers required to collect lead-acid batteries for recycling.
A person who sells or offers for sale lead-acid batteries at retail in this State shall:
(1)	Accept from customers, at the point of transfer or sale, used lead-acid batteries of the type and in a quantity at least equal to the number of new batteries purchased, if offered by customers; and
(2)	Post written notice which must be at least 8 1/2 inches by 11 inches in size and must contain the universal recycling symbol and the following language:
a.	'It is illegal to discard a motor vehicle battery or other lead-acid battery.'
b.	'Recycle your used batteries.'; and
c.	'State law requires us to accept used motor vehicle batteries or other lead-acid batteries for recycling in exchange for new batteries purchased.'
"§ 130A-309.72.  Notices provided; inspections of battery retailers authorized.
(a)	The Department shall produce, print, and distribute the notices required by G.S. 130A-309.71 to all places in the State where lead-acid batteries are offered for sale at retail.
(b)	The Department may inspect any place, building, or premise subject to the provisions of G.S. 130A-309.71.  The Department may issue warnings to persons who fail to comply with the provisions of this Part.
(c)	Any person who fails to post the notice required under G.S. 130A-309.71 after receiving a warning to do so pursuant to this section shall be assessed a civil penalty of not more than fifty dollars ($50.00) per day.
"§ 130A-309.73.  Wholesalers required to accept lead-acid batteries.
(a)	No person selling new lead-acid batteries at wholesale shall refuse to accept from customers at the point of transfer, used lead-acid batteries of the type and in a quantity at least equal to the number of new batteries purchased, if offered by customers.  A person accepting batteries in transfer from a battery retailer shall be allowed a period not to exceed 90 days to remove batteries from the retail point of collection.
(b)	Any person who violates this section shall be assessed a civil penalty of fifty dollars ($50.00) per violation.  Each battery refused by a wholesaler or not removed from the retail point of collection within 90 days shall constitute a separate violation.
"§ 130A-309.74.  Construction of this Part.
The provisions of this Part shall not be construed to prohibit any person who does not sell lead-acid batteries from collecting and recycling such batteries."
Sec. 3.  The Department of Environment, Health, and Natural Resources shall use funds available within its budget for the 1991-92 fiscal year for publications, including the line items for postage and printing and binding, to provide funds for producing, printing, and distributing the notices required in Section 2 of this act.
Sec. 4.  This act becomes effective l October 1991.