81-15,325.

Covered battery; disposal; requirements; solid waste facility; solid waste collector; treatment.

(1) Beginning January 1, 2028, all of the following shall apply:

(a) A person may dispose of a covered battery only by delivery to a collection site or collection event operated under a battery stewardship plan approved under section 81-15,317, unless the battery is regulated as hazardous waste;

(b) No person may knowingly cause or allow the mixing of a covered battery with recyclable materials that are intended for processing and sorting at a material recovery facility;

(c) No person may knowingly cause or allow the mixing of a covered battery with municipal waste that is intended for disposal at a landfill;

(d) No person may knowingly cause or allow the disposal of a covered battery in a landfill;

(e) No person may knowingly cause or allow the mixing of a covered battery with waste that is intended for burning or incineration; and

(f) No person may knowingly cause or allow the burning or incineration of a covered battery.

(2) An owner or operator of a solid waste facility may not be found in violation of this section if the facility has posted in a conspicuous location a sign stating that covered batteries shall be managed through collection sites established by a battery stewardship organization and are not accepted for disposal.

(3) A solid waste collector may not be found in violation of this section for a covered battery placed in a disposal container by a third party.

(4) Unless the department is notified of the reason, a battery stewardship organization shall not refuse to accept covered batteries that are inadvertently received by a recycling or solid waste facility if the batteries are properly packaged.