81-15,319.

Battery stewardship organization; collection duties.

(1) A battery stewardship organization implementing a battery stewardship plan approved under section 81-15,317 shall do all of the following:

(a) Provide for the collection of all covered batteries from any person, regardless of the chemistry or brand of the battery, on a free, continuous, convenient, visible, and accessible basis;

(b) Provide to collection sites under the plan, at no cost to the sites, suitable collection containers for covered batteries that are segregated from other solid waste, or make alternative arrangements for the collection of such batteries at the site, with the agreement of the collection site;

(c) Ensure that medium format batteries are collected only at household hazardous waste collection sites or other staffed collection sites that meet applicable federal, state, and local requirements for managing medium format batteries;

(d) Provide for the collection of damaged and defective batteries, by persons trained to handle and ship such batteries, at collection sites and at each permanent household hazardous waste facility and each household hazardous waste collection event provided by the department. As used in this subdivision, damaged and defective batteries means batteries that have been damaged or that have been identified by the manufacturer as being defective for safety reasons and that have the potential to produce a dangerous evolution of heat or fire or short circuit;

(e) Ensure statewide collection opportunities for all covered batteries;

(f) Coordinate activities with others, such as electronic waste recyclers and other battery stewardship organizations, to provide efficient delivery of services and avoid unnecessary duplication of effort and expense. A battery stewardship organization shall use existing public and private waste collection services and facilities, transporters, consolidators, processors, and retailers if cost effective, mutually agreeable, and otherwise practical;

(g) For portable batteries, provide all of the following within three years after approval of the battery stewardship plan:

(i) At least one permanent collection site within a fifteen-mile radius for at least ninety-five percent of state residents; and

(ii) At least one permanent collection site, collection service, or collection event for every thirty thousand residents of a county;

(h) For medium format batteries, provide all of the following within three years after approval of the battery stewardship plan:

(i) At least ten permanent collection sites in this state. Such sites shall be reasonably dispersed throughout the state; and

(ii) A collection event at least once every three years in each county that does not have a permanent collection site, which shall provide for the collection of all medium format batteries, including damaged and defective medium format batteries; and

(i) Use as a collection site or the site of a collection event any entity that meets the criteria for a collection site or collection event under an approved battery stewardship plan and that requests to serve as a collection site or collection event, up to the number of collection sites required to comply with subdivisions (1)(g) and (h) of this section.

(2) A battery stewardship organization implementing a battery stewardship plan approved under section 81-15,317 may issue a warning to, suspend, or terminate a collection site or service that does not comply with the criteria contained in the approved plan or that poses an immediate concern to health and safety.

(3) A battery stewardship organization is not required to provide for the collection of battery containing products, covered batteries that remain contained in a battery containing product at the time of delivery to a collection site or collection event, or batteries or battery containing products being recalled for safety reasons. A battery stewardship organization may seek reimbursement from the producer of a battery or battery containing product being recalled for safety reasons for the costs incurred in collecting, transporting, or processing such batteries and products.