44-1322. Disposal of lead acid batteries

A. The disposal of lead acid batteries in landfills and the incineration of those batteries is prohibited.

B. An owner or operator of a solid waste disposal facility shall not knowingly accept a lead acid battery for disposal.

C. A lead acid battery shall be discarded or disposed of only as follows:

1. A lead acid battery retailer or wholesaler may deliver a lead acid battery to any one of the following:

(a) A permitted secondary lead smelter.

(b) A battery manufacturer.

(c) A collection or recycling facility authorized by the federal environmental protection agency or the department of environmental quality.

(d) In the case of battery retailers only, an agent of a battery wholesaler.

2. A person other than a lead acid battery retailer or wholesaler may deliver a lead acid battery to any one 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. The director of the department of environmental quality shall register collection and recycling facilities that accept lead acid batteries. The director shall require collection and recycling facilities that handle lead acid batteries to pay an initial registration fee and annual fee established by rule.  The director shall deposit, pursuant to sections 35-146 and 35-147, registration fees in the solid waste fee fund established by section 49-881.