Battery Recycling and Research Act of 1989 - Amends the Solid Waste Disposal Act to prohibit the disposal of used lead-acid batteries except through recycling as specified under this Act. Requires any individual, retail or wholesale seller, or manufacturer of such batteries to dispose of batteries only by delivery to an authorized secondary lead smelter, an authorized collection or recycling facility, or other specified entities. Sets penalties for violations of this Act.
Establishes additional battery collection requirements, including requirements that: (1) retailers give written notice to customers about the illegality of improperly discarding used motor vehicle, and other types of, lead-acid batteries; and (2) retailers, wholesalers, and manufacturers accept such batteries for recycling without charge.
Authorizes the Administrator of the Environmental Protection Agency to: (1) prescribe regulations, including a model notice for use by retailers; and (2) inspect any establishment subject to this Act and issue warnings and citations to individuals for failures to comply.
Prohibits the sale of any lead-acid battery not bearing a permanent label containing information about the illegality of improper disposal and the requirement that retailers must accept used lead-acid batteries for recycling in exchange for new batteries purchased.
Directs the Administrator to study and report to the Congress on the disposal and potential recyclability of household dry-cell batteries.
HR 2853 IH 101st CONGRESS 1st Session H. R. 2853 To amend the Solid Waste Disposal Act to require the recycling of used lead-acid batteries, and to require a study by the Administrator of the Environmental Protection Agency on the disposal of used household dry-cell batteries. IN THE HOUSE OF REPRESENTATIVES July 11, 1989 Mr. HOCHBRUECKNER (for himself, Mr. ACKERMAN, Mr. ATKINS, Mr. BROWN of California, Mr. BRYANT, Mrs. COLLINS, Mr. DELLUMS, Mr. DOUGLAS, Mr. DOWNEY, Mr. GIBBONS, Mr. HAWKINS, Mr. HENRY, Mr. HUGHES, Mr. LIPINSKI, Mr. MATSUI, Mr. MCNULTY, Mr. MORRISON of Connecticut, Mr. MRAZEK, Mr. NEAL of North Carolina, Mr. PALLONE, Mr. SCHEUER, and Mr. SIKORSKI) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Solid Waste Disposal Act to require the recycling of used lead-acid batteries, and to require a study by the Administrator of the Environmental Protection Agency on the disposal of used household dry-cell batteries. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `Battery Recycling and Research Act of 1989'. SEC. 2. FINDINGS AND PURPOSES. (a) FINDINGS- The Congress finds the following: (1) Over 70 million used lead-acid batteries are generated each year in the United States, containing an estimated 630,000 tons of lead. (2) All used lead-acid batteries are not being recycled, and it is believed that some are disposed of in municipal solid waste landfills or otherwise improperly discarded or stored. (3) Lead-acid batteries contain hazardous constituents and could pose an environmental and public health threat if not recycled or disposed of properly. (b) PURPOSES- The purposes of this Act are the following: (1) To establish as a national policy the goal of achieving and sustaining nationwide recycling of all lead-acid batteries by requiring retailers, wholesalers, and manufacturers of lead-acid batteries to accept used lead-acid batteries from consumers for recycling and by prohibiting disposal of these batteries in landfills or incinerators. (2) To solicit Federal agency recommendations concerning household batteries in municipal solid waste and potential recycling programs for household batteries. SEC. 3. LEAD-ACID BATTERY RECYCLING REQUIREMENTS. (a) IN GENERAL- Subtitle B of the Solid Waste Disposal Act (42 U.S.C. 6911 et seq.) is amended by adding at the end the following new section: `SEC. 2009. RECYCLING REQUIREMENTS FOR USED LEAD-ACID BATTERIES. `(a) RECYCLING REQUIREMENTS- (1) No person may discard or otherwise dispose of a used lead-acid battery in a manner other than by recycling in accordance with this section. `(2) A person other than a person described in paragraph (3), (4), or (5) shall discard or otherwise dispose of a used lead-acid battery only by delivery to one of the following: `(A) A person who sells lead-acid batteries at retail or wholesale. `(B) A secondary lead-acid smelter authorized by a State or by the Administrator. `(C) A collection or recycling facility authorized by a State or by the Administrator. `(3) A person who sells lead-acid batteries at retail shall discard or otherwise dispose of used lead-acid batteries only by delivery to one of the following: `(A) A person who sells lead-acid batteries at wholesale. `(B) A secondary lead smelter authorized by a State or by the Administrator. `(C) A battery manufacturer. `(D) A collection or recycling facility authorized by a State or by the Administrator. `(4) A person who sells lead-acid batteries at wholesale shall discard or otherwise dispose of used lead-acid batteries only by delivery to one of the following: `(A) A secondary lead smelter authorized by a State or by the Administrator. `(B) A battery manufacturer. `(D) A collection or recycling facility authorized by a State or by the Administrator. `(5) A person who manufacturers lead-acid batteries shall discard or otherwise dispose of used lead-acid batteries only by delivery to one of the following: `(A) A secondary lead smelter authorized by a State or by the Administrator. `(B) A collection or recycling facility authorized by a State or by the Administrator. `(6) A person who violates any provision of this subsection shall be fined under title 18, United States Code. For purposes of this subsection, each instance of discarding or disposal of a battery other than in accordance with this subsection shall be considered a separate violation. `(b) BATTERY COLLECTION REQUIREMENTS- `(1) RETAILERS- (A) A person who sells, or offers for sale, lead-acid batteries at retail shall accept from customers, if offered by customers, used lead-acid batteries of the same type as the batteries sold and in a quantity of not more than three used lead-acid batteries from a customer at one time. The used lead-acid batteries shall be accepted at the place where the lead-acid batteries are offered for sale. `(B)(i) Such a retailer also shall post a written notice for customers that contains information about this section, including statements about the illegality of improperly discarding used motor vehicle batteries and other types of lead-acid batteries and the requirement that retailers must accept used lead-acid batteries for recycling in exchange for new batteries purchased. `(ii) The notice shall be in such size and format, and contain such other information, as the Administrator prescribes in regulations. Such regulations shall include a model notice for use by retailers. `(C) The Administrator may inspect any establishment subject to this subsection and may issue warnings and citations to any person who fails to comply with any provision of this subsection. Any person who fails to post the notice required by subparagraph (B) after a warning by the Administrator is subject to a fine of not more than $1,000 per day. `(2) WHOLESALERS- (A) A person who sells, or offers for sale, lead-acid batteries at wholesale shall accept from customers, if offered by customers, used lead-acid batteries of the same type as the batteries sold and in a quantity at least equal to the number of batteries sold. `(B) In the case of a wholesaler who sells lead-acid batteries to a retailer, the wholesaler also shall provide for removing used lead-acid batteries at the retailer's place of business. Such removal shall occur not later than 90 days after the retailer notifies the wholesaler that there are used lead-acid batteries ready for removal. `(3) MANUFACTURERS- A person who manufactures lead-acid batteries shall accept from customers, if offered by customers, used lead-acid batteries of the same type as the batteries sold and in a quantity at least equal to the number of batteries sold. `(4) PROHIBITION ON CHARGES- No person subject to this subsection may charge a fee to a customer for accepting a used lead-acid battery from the customer. `(5) ENFORCEMENT- A violation of any provision of this subsection shall be considered a misdemeanor under title 18, United States Code. `(c) LABELING REQUIREMENT- (1) Beginning on January 1, 1990, no person may sell a lead-acid battery unless such battery bears a permanent label containing information about the illegality of improperly discarding used motor vehicle batteries or other types of lead-acid batteries and about the requirement that retailers must accept used lead-acid batteries for recycling in exchange for new batteries purchased. `(2) A violation of this subsection shall be considered a misdemeanor under title 18, United States Code. `(d) DEFINITION- For purposes of this section: `(1) The term `lead-acid battery' means any battery that consists of lead and sulfuric acid, is used as a power source, and has a capacity of six volts or more. `(2) The term `secondary lead smelter' means a facility which produces metallic lead from various forms of lead scrap, including used lead-acid batteries. Such a facility also may produce plastic chips that are sent for reprocessing.'. (b) TECHNICAL AMENDMENT- Section 1001 of the Solid Waste Disposal Act is amended in the table of contents by inserting after the item relating to section 2008 the following new item: `Sec. 2009. Recycling requirements for used lead-acid batteries.'. SEC. 4. STUDY ON HOUSEHOLD BATTERIES. (a) STUDY- The Administrator of the Environmental Protection Agency shall conduct a study on the disposal and potential recyclability of household dry-cell batteries. In conducting the study, the Administrator shall take into account any studies that have already been conducted on such batteries and their relation to solid waste. The study shall include, at a minimum, the following: (1) The effects of used household dry-cell batteries on municipal solid waste landfills and incinerators, including any threats to human health or the environment. (2) The potential recyclability of used household dry-cell batteries, including-- (i) recycling technologies that could be used; (ii) the potential effectiveness of those technologies in recovering reusable materials from such batteries; (iii) existing and potential collection systems for such batteries; (iv) the potential human health effects resulting from exposure to such batteries at all phases of the recycling process, including collection, storage, transportation, and reclamation of reusable materials; and (v) the costs of recycling such batteries. (b) REPORT- Not later than one year after the date of the enactment of this Act, the Administrator shall submit to Congress a report describing the results of the study conducted under this section, with recommendations on whether there is a need for legislation, regulation, or further study relating to the disposal or recyclability of used household dry-cell batteries.
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Transportation and Hazardous Materials.
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