81-15,324.

Collection and recycling services; operation; conditions.

(1) Nothing in the Safe Battery Collection and Recycling Act prevents or prohibits a person from offering or performing a fee-based household collection service or a mail-back service for covered batteries or a recycler located in this state from offering a fee-based battery collection service for covered batteries independently of a battery stewardship organization if:

(a) The services are performed and facilities are operated in compliance with all applicable federal, state, and local laws and requirements; and

(b) Except as provided in subsection (2) of this section, all batteries collected by the person or recycler from customers in this state are provided to a battery stewardship organization implementing a battery stewardship plan approved under section 81-15,317. After providing collected batteries to a battery stewardship organization, any transport and processing of such batteries by the battery stewardship organization shall be done at the battery stewardship organization's expense. A battery stewardship organization may refuse to accept batteries from any such person or recycler if the department is notified of the reason for such refusal.

(2) A person or recycler described in subsection (1) of this section may keep the covered batteries collected from customers in this state for purposes of recycling if such person or recycler provides collection data and recycling data to the department. Such data shall include (a) the weight, by chemistry, of covered batteries collected, (b) the weight of materials recycled from covered batteries collected, in total and by method of battery recycling, (c) a calculation of such person's or recycler's recycling efficiency rate, (d) a list of all facilities used in the processing or disposition of covered batteries and a summary of any violations of environmental laws and regulations during the previous three years at each facility, (e) a description of how each facility used for the final disposition of covered batteries recycled or otherwise managed batteries and battery components, and (f) the weight and chemistry of covered batteries sent to each facility that is used for the final disposition of batteries. Such person or recycler shall not receive compensation from a battery stewardship organization for any batteries collected, transported, or recycled under this subsection.