§ 62-154. Collection of used batteries.

(a)

Retailers.

(1)

A person who sells, or offers for sale, lead-acid batteries at retail shall accept from individuals, if offered by them, used lead-acid batteries of the same or similar type as the batteries sold and in a quantity of not more than three used lead-acid batteries from an individual at one time. The used lead-acid batteries shall be accepted at the place where the lead-acid batteries are offered for sale.

(2)

Such a retailer also shall post a written notice for customers that contains information about this section, including statements about the illegality of improperly discarding used motor vehicle batteries and other types of lead-acid batteries and the requirement that retailers must accept used lead-acid batteries for recycling. The notice shall be in such size and format, and contain such other information, as the director shall prescribe, and shall substantially conform to a model notice which the director shall prepare for use by retailers.

(3)

The director may inspect any establishment subject to this section to determine compliance with this article. It is a violation for any person to fail to comply with any provisions of this section. Any person who fails to post the notice required by subsection (a)(2) of this section shall be guilty of an ordinance violation.

(b)

Wholesalers.

(1)

A person who sells, or offers for sale, lead-acid batteries at wholesale shall accept from customers and individuals, if offered by them, used lead-acid batteries of the same or similar type as the batteries sold and in a quantity at least equal to the number of batteries sold.

(2)

In the case of a wholesaler who sells lead-acid batteries to a retailer, the wholesaler also shall provide for removing used lead-acid batteries at the retailer's place of business. Such removal shall occur not later than 90 days after the retailer notifies the wholesaler that there are used lead-acid batteries ready for removal.

(c)

Manufacturers. A person who manufactures lead-acid batteries shall accept from customers and individuals, if offered by them, used lead-acid batteries of the same or similar type as the batteries sold and in a quantity at least equal to the number of batteries sold.

(d)

Charging fee for accepting batteries. No person subject to this section may charge a fee to a customer for accepting a used lead-acid battery from the customer.

(e)

Storage of batteries. Used lead-acid batteries collected and stored for disposal and recycling pursuant to the provisions of this section shall be stored only in an adequately ventilated enclosure in good repair that will protect its contents from any precipitation, which has a poured concrete or other solid surface floor equipped with curbs, sumps or other reliable methods to contain any spilled acid and prevent its discharge to sewers, waterways or the ground. Any such spilled acid shall be collected and neutralized immediately and the residue disposed of promptly and properly as may be required by law. Any storage enclosure facility shall be clearly marked with signs prohibiting smoking in or near the enclosure.

(Code of Gen. Ords. 1967, § 16.78; Ord. No. 64918, 12-14-89)

Cross reference

Storage of dangerous materials affecting drainage, § 60-122.