39-7002. DISPOSAL OF LEAD ACID BATTERIES. (1) The disposal of lead acid batteries in landfills and the incineration of those batteries is prohibited. An owner or operator of a solid waste disposal facility shall not knowingly accept a lead acid battery for disposal unless the owner or operator is removing lead acid batteries from the waste stream for recycling. A lead acid battery shall be discarded or disposed of only as follows:
(a) A lead acid battery retailer or wholesaler may deliver a lead acid battery to any one (1) of the following:
(i) A permitted secondary lead smelter.
(ii) A battery manufacturer.
(iii) A collection or recycling facility authorized by the federal environmental protection agency or department of environmental quality.
(iv) In the case of battery retailers only, an agent of a battery wholesaler.
(v) A landfill operator who offers collection services for recycling lead acid batteries.
(2) A person other than a lead acid battery retailer or wholesaler may deliver a lead acid battery to any of the following:
(a) A lead acid battery retailer or wholesaler.
(b) A permitted secondary lead smelter.
(c) A collection or recycling facility authorized by the federal environmental protection agency or the department of environmental quality.
(d) A landfill operator who offers collection services for recycling lead acid batteries.
History:
[39-7002, added 1991, ch. 292, sec. 1, p. 752; am. 2001, ch. 103, sec. 63, p. 301.]
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