Chapter 4 - Enacted without chapter heading.

Section 16-401

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

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

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

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

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

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.