[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 2157 Introduced in Senate (IS)]







104th CONGRESS
  2d Session
                                S. 2157

  To amend the Solid Waste Disposal Act to provide for the efficient 
 collection and recycling of spent lead-acid batteries and educate the 
 public concerning the collection and recycling of such batteries, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 28, 1996

   Mr. Smith introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
  To amend the Solid Waste Disposal Act to provide for the efficient 
 collection and recycling of spent lead-acid batteries and educate the 
 public concerning the collection and recycling of such batteries, and 
                          for other purposes.

    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 ``Lead-Acid Battery Recycling Act''.

 SEC. 2. RECYCLING OF LEAD-ACID BATTERIES.

    (a) In General.--Subtitle D of the Solid Waste Disposal Act (42 
U.S.C. 6941 et seq.) is amended by adding at the end the following:

``SEC. 4011. RECYCLING OF LEAD-ACID BATTERIES.

    ``(a) Definitions.--In this section:
            ``(1) Lead-acid battery.--The term `lead-acid battery' 
        means a battery that--
                    ``(A) contains lead and sulfuric acid;
                    ``(B) is used as a power source; and
                    ``(C) is not a rechargeable battery.
            ``(2) Municipal solid waste.--The term `municipal solid 
        waste' means--
                    ``(A) solid waste generated by the general public 
                or from a residential, commercial, institutional, or 
                industrial source, consisting of paper, wood, yard 
                waste, plastics, leather, rubber, and other combustible 
                material and noncombustible material such as metal and 
                glass, including residue remaining after recyclable 
                material has been separated from waste destined for 
                disposal, and including waste material removed from a 
                septic tank, septage pit, or cesspool (other than from 
                portable toilets); but
                    ``(B) does not include--
                            ``(i) waste identified or listed as a 
                        hazardous waste under section 3001 of this Act 
                        or waste regulated under the Toxic Substances 
                        Control Act (15 U.S.C. 2601 et seq.);
                            ``(ii) waste, including contaminated soil 
                        and debris, resulting from a response action 
                        taken under section 104 or 106 of the 
                        Comprehensive Environmental Response, 
                        Compensation, and Liability Act of 1980 (42 
                        U.S.C. 9604, 9606) or any corrective action 
                        taken under this Act;
                            ``(iii) medical waste listed in section 
                        11002;
                            ``(iv) industrial waste generated by 
                        manufacturing or industrial processes, 
                        including waste generated during scrap 
                        processing and scrap recycling;
                            ``(v) recyclable material; or
                            ``(vi) sludge.
            ``(3) Rechargeable battery.--The term `rechargeable 
        battery'--
                    ``(A) means 1 or more voltaic or galvanic cells, 
                electrically connected to produce electric energy, that 
                is designed to be recharged for repeated uses; and
                    ``(B) includes any type of enclosed device or 
                sealed container consisting of 1 or more such cells, 
                including what is commonly called a battery pack; but
                    ``(C) does not include--
                            ``(i) a battery that is used to start an 
                        internal combustion engine or is used as the 
                        principal electrical power source for a 
                        vehicle, such as an automobile, truck, 
                        construction equipment, motorcycle, garden 
                        tractor, golf cart, wheelchair, or boat;
                            ``(ii) a battery that is used for load 
                        leveling or for storage of electricity 
                        generated by an alternative energy source, such 
                        as a solar cell or wind-driven generator;
                            ``(iii) a battery that is used as a backup 
                        power source for memory or program instruction 
                        storage, timekeeping, or any similar purpose 
                        that requires uninterrupted electrical power in 
                        order to function if the primary energy supply 
                        fails or fluctuates momentarily; or
                            ``(iv) a rechargeable alkaline battery.
    ``(b) Prohibition.--
            ``(1) In general.--A person shall not--
                    ``(A) place a lead-acid battery in a landfill;
                    ``(B) incinerate a lead-acid battery; or
                    ``(C) otherwise dispose of a lead-acid battery in a 
                manner other than in accordance with subsection (c).
            ``(2) Commingled waste.--A person that is an owner or 
        operator of a municipal solid waste landfill, incinerator, or 
        collection program that receives a lead-acid battery that--
                    ``(A) is commingled with municipal solid waste 
                (other than lead-acid batteries); and
                    ``(B) is not readily removable from the waste 
                stream,
        shall not be considered to violate paragraph (1) if the owner 
        or operator has established contractual requirements or other 
        appropriate notification or inspection procedures that are 
        reasonably designed to ensure that no lead-acid battery is 
        received at, or burned in, the landfill or incinerator facility 
        or accepted through the collection program.
    ``(c) Lawful Disposal.--
            ``(1) By persons in general.--
                    ``(A) In general.--A person (other than a person 
                described in paragraph (2), (3), or (4)) shall return a 
                spent lead-acid battery by delivering the battery to 1 
                of the authorized recipients described in subparagraph 
                (B).
                    ``(B) Authorized recipients.--The authorized 
                recipients described in this subparagraph are--
                            ``(i) a person that sells lead-acid 
                        batteries at retail or wholesale;
                            ``(ii) a lead smelter regulated by a State 
                        or the Administrator under this Act or the 
                        Clean Air Act (42 U.S.C. 7401 et seq.);
                            ``(iii) an automotive dismantler or scrap 
                        dealer (as defined by the Administrator);
                            ``(iv) a collection entity, program, or 
                        facility designated by a State to accept spent 
                        lead-acid batteries; and
                            ``(v) a manufacturer of lead-acid batteries 
                        of the same general type as the type delivered.
            ``(2) By retailers.--
                    ``(A) In general.--A person that sells lead-acid 
                batteries at retail shall return a spent lead-acid 
                battery by delivering the battery to 1 of the 
                authorized recipients described in subparagraph (B).
                    ``(B) Authorized recipients.--The authorized 
                recipients described in this subparagraph are--
                            ``(i) a person that sells lead-acid 
                        batteries at wholesale;
                            ``(ii) a lead smelter regulated by a State 
                        or the Administrator under this Act or the 
                        Clean Air Act (42 U.S.C. 7401 et seq.);
                            ``(iii) an automotive dismantler or scrap 
                        dealer (as defined by the Administrator);
                            ``(iv) a manufacturer of lead-acid 
                        batteries of the same general type as the type 
                        delivered; and
                            ``(v) a collection entity, program, or 
                        facility designated by a State to accept spent 
                        lead-acid batteries.
            ``(3) By wholesalers, automotive dismantlers, and 
        collection programs, entities and facilities.--
                    ``(A) In general.--A person that sells lead-acid 
                batteries at wholesale, an automotive dismantler, and a 
                collection entity, program, or facility designated by a 
                State to accept spent lead-acid batteries shall return 
                a spent lead-acid battery by delivering the battery to 
                1 of the authorized recipients described in 
                subparagraph (B).
                    ``(B) Authorized recipients.--The authorized 
                recipients described in this subparagraph are--
                            ``(i) a lead smelter regulated by a State 
                        or the Administrator under this Act or the 
                        Clean Air Act (42 U.S.C. 7401 et seq.); and
                            ``(ii) a manufacturer of lead-acid 
                        batteries of the same general type as the type 
                        delivered.
            ``(4) By manufacturers.--
                    ``(A) In general.--A person that manufactures lead-
                acid batteries shall return a spent lead-acid battery 
                by delivering the battery to the authorized recipient 
                described in subparagraph (B).
                    ``(B) Authorized recipient.--The authorized 
                recipient described in this subparagraph is a lead 
                smelter regulated by a State or the Administrator under 
                this Act or the Clean Air Act (42 U.S.C. 7401 et seq.).
    ``(d) Collection requirements.--
            ``(1) Retailers.--
                    ``(A) In general.--A person that sells or offers 
                for sale lead-acid batteries at retail shall accept 
                spent lead-acid batteries of the same general type as 
                the batteries sold in a quantity that is approximately 
                equal to the number of batteries sold.
                    ``(B) Exemption.--Subparagraph (A) shall not apply 
                to a retailer that sells not more than 5 lead-acid 
                batteries per month on average over a calendar year, if 
                a collection entity, program, or facility is in 
                operation for the collection of spent lead-acid 
                batteries in the locality of the retailer.
            ``(2) Wholesalers.--
                    ``(A) In general.--A person that sells or offers 
                for sale lead-acid batteries at wholesale shall accept 
                spent lead-acid batteries of the same general type as 
                the batteries sold and in a quantity approximately 
                equal to the number of batteries sold.
                    ``(B) Acceptance from retailers.--A wholesaler that 
                sells or offers for sale lead-acid batteries to a 
                retailer shall provide for the removal of spent lead-
                acid batteries at the place of business of the 
                retailer--
                            ``(i) not later than 90 days after the 
                        retailer notifies the wholesaler of the 
                        existence of the spent lead-acid batteries for 
                        removal; or
                            ``(ii) if the quantity of batteries to be 
                        removed is less than 5, not later than 180 days 
                        after notification.
            ``(3) Manufacturers.--A person that manufactures lead-acid 
        batteries shall accept spent lead-acid batteries of the same 
        general type as the batteries sold and in a quantity 
        approximately equal to the number of batteries sold.
    ``(e) Notice Requirements.--
            ``(1) Posted notice by retailers.--A person that sells or 
        offers for sale lead-acid batteries at retail shall post a 
        written notice that--
                    ``(A) is clearly visible in a public area of the 
                establishment in which the lead-acid batteries are sold 
                or offered for sale;
                    ``(B) is at least 8\1/2\ inches by 11 inches in 
                size; and
                    ``(C) contains the following text:
                            ``(i) It is illegal to throw away a motor 
                        vehicle battery or other lead-acid battery.
                            ``(ii) Recycle your used lead-acid 
                        batteries.
                            ``(iii) Federal (or State) law requires 
                        battery retailers to accept used lead-acid 
                        batteries for recycling when a lead-acid 
                        battery is purchased.
            ``(2) State requirements.--Nothing in paragraph (1) shall 
        be construed to prohibit a State from requiring the posting of 
        substantially similar notice in lieu of that required under 
        paragraph (1).
            ``(3) Labeling.--
                    ``(A) In general.--Each lead-acid battery 
                manufactured on or after the date that is 1 year after 
                the date of enactment of this Act, whether produced 
                domestically or imported, shall bear a label comprised 
                of--
                            ``(i) the 3 chasing arrow recycling symbol; 
                        and
                            ``(ii) immediately adjacent to the 
                        recycling symbol, the words `LEAD', `RETURN', 
                        `RECYCLE'.
                    ``(B) International symbols.--
                            ``(i) Application.--On application by a 
                        person subject to the labeling requirements of 
                        this paragraph, the Administrator shall certify 
                        that a different label meets the requirements 
                        of this paragraph if the label conforms with a 
                        recognized international standard that is 
                        consistent with the overall purposes of this 
                        section.
                            ``(ii) Failure to act.--If the 
                        Administrator fails to act on an application 
                        under clause (i) within 120 days after the date 
                        on which the application is filed, the 
                        Administrator shall be considered to have 
                        certified that the label proposed in the 
                        application meets the requirements of this 
                        paragraph.
            ``(4) Uniformity.--No State or political subdivision of a 
        State may enforce any labeling requirement intended to 
        communicate information about the recyclability of lead-acid 
        batteries that is not identical to the requirements contained 
        in paragraph (3).
            ``(5) Recycling information.--Nothing in this subsection 
        shall be construed to prohibit the display on a label of a 
        lead-acid battery of any other information intended by the 
        manufacturer to encourage recycling or warn consumers of the 
        potential hazards associated with lead-acid batteries.
    ``(f) Publication of Notice.--Not later than 180 days after the 
date of enactment of this section, the Administrator shall publish in 
the Federal Register a notice of the requirements of this section and 
such other related information as the Administrator determines to be 
appropriate.
    ``(g) Export for Purposes of Recycling.--Notwithstanding any other 
provision of this section, a person may export a spent lead-acid 
battery for the purposes of recycling.
    ``(h) Enforcement.--The Administrator may issue a warning or 
citation to any person that fails to comply with the requirements of 
this section.
    ``(i) Civil Penalty.--
            ``(1) In general.--When on the basis of any information the 
        Administrator determines that a person is in violation of this 
        section, the Administrator--
                    ``(A) in the case of a willful violation, may issue 
                an order assessing a civil penalty of not more than 
                $1,000 for each violation and requiring compliance 
                immediately or within a reasonable specified time 
                period, or both; or
                    ``(B) in the case of any violation, may commence a 
                civil action in the United States district court in 
                which the violation occurred for appropriate relief, 
                including a temporary or permanent injunction.
            ``(2) Contents of order.--An order under paragraph (1) 
        shall State with reasonable specificity the nature of the 
        violation.
            ``(3) Considerations.--In assessing a civil penalty under 
        paragraph (1), the Administrator shall take into account the 
        seriousness of the violation and any good faith efforts to 
        comply with applicable requirements.
            ``(4) Finality of order; request for hearing.--An order 
        under paragraph (1) shall become final unless, not later than 
        30 days after the date on which the order is served, a person 
        named in the order requests a hearing on the record.
            ``(5) Hearing.--On receiving a request under paragraph (4), 
        the Administrator shall promptly conduct a hearing on the 
        record.
            ``(6) Subpoena power.--In connection with any hearing on 
        the record under this subsection, the Administrator may issue 
        subpoenas for the attendance and testimony of witnesses and for 
        the production of relevant papers, books, and documents.
            ``(7) Continued violation after expiration of period for 
        compliance.--If a violator fails to take corrective action 
        within the time specified in an order under paragraph (1), the 
        Administrator may assess a civil penalty of not more than 
        $1,000 for the continued noncompliance with the order.''.
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