Section 16-401
§ 16-401 Short title. This chapter shall be known as and may be called
the "New York City Rechargeable Battery Law".
Section 16-402
§ 16-402 Declaration of policy. It is hereby declared to be the public
policy of the city of New York to reduce environmental pollution, to
reduce the toxicity of waste materials in the solid waste stream
directed to resource recovery and sanitary landfill facilities, and to
maximize the removal of used rechargeable batteries and products that
contain rechargeable batteries and encourage their recycling by entities
that manufacture rechargeable batteries by banning the disposal of used
rechargeable batteries from the solid waste stream and requiring
manufacturers of rechargeable batteries to take back and recycle the
used rechargeable batteries sold or disposed of in the city of New York.
Section 16-403
§ 16-403 Definitions. When used in this chapter:
a. "Battery manufacturer" means every person, firm or corporation
that: (i) produces rechargeable batteries sold or distributed in the
city of New York, or packages such batteries for sale in the city of New
York, except that if such production or packaging is for a distributor
having the right to produce or otherwise package that same brand of
battery in the city of New York, then such distributor shall be deemed
to be the battery manufacturer; or (ii) imports rechargeable batteries
into the United States that are sold or distributed in the city of New
York.
b. "Consumer" means any person who purchases one or more rechargeable
batteries, or products containing such batteries at the time of sale,
for personal use.
c. "Place of business" means the location at which a retailer sells or
offers for sale to consumers, rechargeable batteries, or products
containing such batteries at the time of sale.
d. "Rechargeable battery" means any rechargeable nickel-cadmium,
sealed lead, lithium ion, nickel metal hydride battery, or any other
such dry cell battery capable of being recharged weighing less than
twenty-five pounds, or battery packs containing such batteries, but
shall not include a battery used as the principal electric power source
for a vehicle, such as, but not limited to, an automobile, boat, truck,
tractor, golf cart or wheelchair, for storage of electricity generated
by an alternative power source, such as solar or wind-driven generators,
or for memory backup in an electronic device.
e. "Retailer" means a person, firm or corporation that engages in the
sale of rechargeable batteries, or products containing such batteries,
to a consumer in the city of New York, including, but not limited to,
transactions conducted through sales outlets, catalogs, by mail,
telephone or the internet. For the purposes of this section retailer
shall not include a "food store".
f. "Food Store" means a store selling primarily food and food products
for consumption or use off the premises that occupies less than 14,000
square feet of display space.
Section 16-404
§ 16-404 Rechargeable battery disposal ban. a. No person shall
knowingly dispose of rechargeable batteries as solid waste at any time
in the city of New York.
Section 16-405
§ 16-405 Rechargeable battery recycling program. a. Rechargeable
batteries shall be returned to a retailer that sells such batteries that
are similar in shape, size and function to those to be disposed of.
Rechargeable batteries contained in electronic products must be removed
prior to disposal of such product.
1. Retailers having a place of business in the city of New York shall
accept from consumers at any time during normal business hours
rechargeable batteries of a similar size and shape as the retailer
offers for sale. Retailers shall take up to ten such batteries per day
from any person regardless of whether such person purchases replacement
batteries, and retailers shall also accept as many such batteries as a
consumer purchases from the retailer. Retailers shall conspicuously post
and maintain, at or near the point of entry to the place of business, a
legible sign, not less than 8 1/2 inches by 11 inches in size, stating
that used rechargeable batteries of the size and shape sold or offered
for sale by the retailer may not enter the solid waste stream, and that
the retail establishment is a collection site for recycling such
batteries. Such sign shall state the following in letters at least
one-inch in height: "It is illegal to dispose of rechargeable batteries
in the city of New York as solid waste. We accept used rechargeable
batteries for return to the manufacturer."
2. Retailers that sell rechargeable batteries to consumers in the city
of New York through non-retail outlets such as through catalogs, or by
mail, telephone or the internet shall provide at the time of purchase or
delivery to the consumer notice of an opportunity to return used
rechargeable batteries at no cost to the consumer for reuse or
recycling.
3. Retailers in the city of New York shall conspicuously maintain, at
a location within the retail establishment convenient for use by
consumers, collection boxes or other suitable receptacles, supplied by
the manufacturer, into which consumers may deposit used rechargeable
batteries.
b. Every battery manufacturer, or any combination of battery
manufacturers working together, shall, at the battery manufacturer's own
expense, arrange for the return of, and recycle, all used rechargeable
batteries collected by retailers. Battery manufacturers shall be
responsible for, at a minimum, the following:
1. Every battery manufacturer, or any combination of battery
manufacturers working together, shall, within six months of the passage
of this law, submit a plan to the commissioner, or any other person
responsible for the city of New York's recycling programs, that
identifies the methods by which battery manufacturers will collect,
transport, and recycle rechargeable batteries collected by retailers at
the expense of the battery manufacturer.
2. Every battery manufacturer, or any combination of battery
manufacturers working together, shall submit annual reports concerning
the amount of rechargeable batteries received and recycled within the
city of New York, either by number or by weight; the costs of such
efforts; and any other relevant information to the commissioner or any
other person responsible for the city of New York's recycling programs.
3. Every battery manufacturer, or any combination of battery
manufacturers working together, shall undertake efforts to educate the
citizens of the city of New York regarding the appropriate ways to
recycle rechargeable batteries.
c. The commissioner, or any other person responsible for the city of
New York's recycling programs, shall approve or reject any battery
manufacturer's collection, transportation, and recycling plans described
in paragraph one of subdivision (b) of this section within thirty days
of submission and, if rejected, inform the battery manufacturer in
writing as to any deficiencies in the plan. Battery manufacturers shall
amend and resubmit any rejected plans for reconsideration within sixty
days of notification of the rejection of said plan. The commissioner or
any other person responsible for the city of New York's recycling
programs shall approve or reject said plan within thirty days of
resubmission.
d. The commissioner, or any other person responsible for the city of
New York's recycling programs, shall analyze the information provided by
battery manufacturers pursuant to paragraph two of subdivision (b) of
this section and report to the Mayor and the City Council every two
years.
e. The commissioner, or any other person responsible for the city of
New York's recycling programs, shall promulgate any rules needed to
implement this law.
Section 16-406
§ 16-406 Penalties. a. Any person who violates section 16-404 of this
chapter shall be liable for a civil penalty recoverable in a proceeding
before the environmental control board in the amount of fifty dollars
for the first violation, one hundred dollars for a second violation
committed within twelve months of a prior violation and two hundred
dollars for a third or subsequent violation committed within twelve
months of any prior violation.
b. Any retailer who violates section 16-405 of this chapter shall be
liable for a civil penalty in a proceeding before the environmental
control board in the amount of two hundred dollars for the first
violation, four hundred dollars for a second violation committed within
twelve months of a prior violation, and five hundred dollars for a third
or subsequent violation committed within twelve months of any prior
violation.
c. Any battery manufacturer who violates section 16-405 of this
chapter shall be liable for a civil penalty recoverable in a proceeding
before the environmental control board in the amount of two thousand
dollars for the first violation, four thousand dollars for a second
violation committed within twelve months of a prior violation, and five
thousand dollars for a third or subsequent violation committed within
twelve months of any prior violation.