§ 14323. Requirements

340 words·~2 min read·/usc/title-42/section-14323

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Batteries subject to certain regulations The collection, storage, or transportation of used rechargeable batteries, batteries described in section 14302(5)(C) of this title or in subchapter III, and used rechargeable consumer products containing rechargeable batteries that are not easily removable rechargeable batteries, shall, notwithstanding any law of a State or political subdivision thereof governing such collection, storage, or transportation, be regulated under applicable provisions of the regulations promulgated by the Environmental Protection Agency at 60 Fed. Reg. 25492 (May 11, 1995), as effective on May 11, 1995, except as provided in paragraph

(2)of subsection

(b)and except that—

(1)the requirements of 40 CFR 260.20, 260.40, and 260.41 and the equivalent requirements of an approved State program shall not apply, and

(2)this section shall not apply to any lead acid battery managed under 40 CFR 266 subpart G or the equivalent requirements of an approved State program.

(b)Enforcement under Solid Waste Disposal Act

(1)Any person who fails to comply with the requirements imposed by subsection

(a)of this section may be subject to enforcement under applicable provisions of the Solid Waste Disposal Act [42 U.S.C. 6901 et seq.].

(2)States may implement and enforce the requirements of subsection

(a)if the Administrator finds that—

(A)the State has adopted requirements that are identical to those referred to in subsection

(a)governing the collection, storage, or transportation of batteries referred to in subsection (a); and

(B)the State provides for enforcement of such requirements.

(Pub. L. 104–142, title I, § 104, May 13, 1996, 110 Stat. 1335.)

Connections3 cite this · traces to 2

Cited by 3 sections

U.S. Code

§ 14304
Enforcement

statute-compilations

Sec. 104
REQUIREMENTS

statutes-at-large

Public Law 104–142
To phase out the use of mercury in batteries and provide for the efficient and cost-effective collection and recycling or proper disposal of used nickel cadmium batteries, small sealed lead-acid batteries, and certain other batteries, and for other purposes

Traces to 2 documents

U.S. Code

6 references not yet in our index

Pub. L. 104–142, title I, § 104
110 Stat. 1335
Pub. L. 89–272
79 Stat. 997
Pub. L. 94–580, § 2
90 Stat. 2795

Citation graph

cites case law

§ 14323

Requirements

Stat. Comp.×1

Stat.×1

U.S.C.×1

U.S.C.§ 14302

U.S.C.§ 6901

Pub. L.Pub. L. 104–142, title I, § 104

Stat.110 Stat. 1335

Pub. L.Pub. L. 89–272

Stat.79 Stat. 997

Pub. L.Pub. L. 94–580, § 2

Cites 8 · showing 7Cited by 3 across 3 sources