Dry Cell Batteries Title38 Sec 2165.pdf
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- Attached to
- Heavy Duty Dry Cell Alkaline Batteries
- Solicitation number
- RFQ - 18P - 08060500000000000874
- Issued by
- Kennebec County, Maine
About this file
This file is a regulatory statute from the State of Maine governing the disposal and sale of certain dry cell batteries. The regulation establishes requirements for government agencies, industrial facilities, communications facilities, and medical facilities that employ 15 or more people regarding the collection and proper handling of dry cell mercuric oxide batteries and rechargeable batteries, including nickel-cadmium and sealed lead-acid types. Employees of covered entities are prohibited from disposing of these batteries outside of established collection systems. Government agencies and industrial/communications/medical facilities must collect and segregate batteries by chemical type and return them either to the original supplier or to a manufacturer-designated collection facility. The regulation took effect January 1, 1994, with certain provisions for mercury content restrictions in alkaline manganese batteries and zinc carbon batteries implemented on January 1, 1993 and January 1, 1996, respectively.
Battery manufacturers subject to this regulation must establish and maintain collection, transportation, and processing systems for waste batteries; clearly inform purchasers of disposal prohibitions and available collection options; identify designated collection systems; and include the costs of proper collection, transportation, and processing in sales transactions with purchasers. Final suppliers must also inform purchasers of their responsibilities under the statute. The regulation establishes strict mercury content limits for various battery types, with alkaline manganese batteries limited to 0.025% mercury content except for button or coin-sized batteries, which may contain up to 25 milligrams. Violations are civil infractions subject to forfeitures of up to $100 per battery for improper disposal, up to $100 for manufacturer non-compliance, and up to $100 per battery for violations of mercury content restrictions, with each day of violation constituting a separate offense.
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38 §2165. Regulation of certain dry cell batteries The State of Maine claims a copyright in its codified statutes. If you intend to republish this material, we require that you include the following disclaimer in your publication:
All copyrights and other rights to statutory text are reserved by the State of Maine. The text included in this publication reflects changes made through the First Regular Session of the 123rd Legislature, and is current through December 31, 2007, but is subject to change without notice. It is a version that has not been officially certified by the Secretary of State. Refer to the Maine Revised Statutes Annotated and supplements for certified text.
The Office of the Revisor of Statutes also requests that you send us one copy of any statutory publication you may produce. Our goal is not to restrict publishing activity, but to keep track of who is publishing what, to identify any needless duplication and to preserve the State's copyright rights.
PLEASE NOTE: The Revisor's Office cannot perform research for or provide legal advice or interpretation of Maine law to the public.
If you need legal assistance, please contact a qualified attorney.
38 §2165. Regulation of certain dry cell batteries
1. Definitions. As used in this section and section 2166, the following terms have the following meanings.
A. "Industrial, communications or medical facility" means a structure or site where 15 or more people are employed and:
(1) Where articles are assembled, manufactured or fabricated;
(2) Are included in major group 48 of the federal Office of Management and Budget, Standard Industrial Codes; or
(3) Where medical services are provided. [1991, c. 808, §2 (NEW).]
B. "Rechargeable battery" means any nickel-cadmium or sealed lead-acid battery that is designed for reuse and is capable of being recharged after repeated use. [1991, c. 808, §2 (NEW).]
[ 1991, c. 808, §2 (NEW) .]
2. Disposal ban. A person employed directly or indirectly by a government agency, or an industrial, communications or medical facility may not knowingly dispose of a dry cell mercuric oxide battery or a rechargeable battery in a manner that is not part of a collection system established under subsection 4.
[ 1991, c. 808, §2 (NEW) .]
3. User responsibility. A government agency or industrial, communications or medical facility shall collect and segregate, by chemical type, the batteries that are subject to the disposal prohibition under subsection 2 and return each segregated collection either to the supplier that provided the facility with that type of battery or to a collection facility designated by the manufacturer of that battery or battery-powered product.
[ 1991, c. 808, §2 (NEW) .]
4. Manufacturer responsibility. A manufacturer of dry cell mercuric oxide or rechargeable batteries that are subject to subsection 1 shall:
A. Establish and maintain a system for the proper collection, transportation and processing of waste dry cell mercuric oxide and rechargeable batteries for purchasers in this State; [1991, c. 808, §2
(NEW).]
MRS Title 38 §2165. Regulation of certain dry cell batteries
2 |
B. Clearly inform each purchaser that intends to use these batteries of the prohibition on disposal of dry cell mercuric oxide and rechargeable batteries and of the available systems for proper collection, transportation and processing of these batteries; [1991, c. 808, §2 (NEW).]
C. Identify a collection system through which mercuric oxide and rechargeable batteries must be returned to the manufacturer or to a manufacturer-designated collection site; and [1991, c. 808, §2 (NEW).]
D. Include the cost of proper collection, transportation and processing of the waste batteries in the sales transaction or agreement between the manufacturer and any purchaser. [1991, c. 808, §2
(NEW).]
[ 1991, c. 808, §2 (NEW) .]
5. Supplier responsibility. A final supplier of mercuric oxide and rechargeable batteries or battery-operated products is responsible for informing the purchasers that intend to use these batteries of the purchaser's responsibilities under this section.
[ 1991, c. 808, §2 (NEW) .]
6. Mercury content. A person may not sell, distribute or offer for sale in this State the following batteries:
A. An alkaline manganese battery that contains more than .025% mercury except that any alkaline manganese battery resembling a button or coin in size and shape may contain no more than 25 milligrams of mercury; [1991, c. 808, §2 (NEW).]
B. Effective January 1, 1993, a consumer mercuric oxide button cell; [1991, c. 808, §2
(NEW).]
C. A zinc carbon battery manufactured on or after January 1, 1993 that contains any added mercury; or [1991, c. 808, §2 (NEW).]
D. An alkaline manganese battery manufactured on or after January 1, 1996 that contains any added mercury except that any alkaline manganese battery resembling a button or coin in size and shape, may contain no more than 25 milligrams of mercury. [1991, c. 808, §2 (NEW).]
[ 1991, c. 808, §2 (NEW) .]
7. Effective date. Except as otherwise indicated, this section takes effect January 1, 1994.
[ 1991, c. 808, §2 (NEW) .]
8. Penalty. A violation of subsection 2 is a civil violation for which a forfeiture of not more than $100 per battery disposed of improperly may be adjudged. A violation of subsection 4 is a civil violation for which a forfeiture of not more than $100 may be adjudged. A violation of subsection 6 is a civil violation for which a forfeiture of not more than $100 per battery sold, distributed or offered for sale may be adjudged. Each day that a violation continues or exists constitutes a separate offense.
[ 1991, c. 2, §150 (COR) .]
9. Battery management plan.
[ 1995, c. 656, Pt. A, §49 (RP) .]
SECTION HISTORY
1991, c. 808, §2 (NEW). RR 1991, c. 2, §150 (COR). 1995, c. 656, §A49
(AMD).
File details come from the government source that posted it. Updated .