2007 California Health and Safety Code Article 10.6. Management Of Small Household Batteries

CA Codes (hsc:25216-25216.3)

25216.  For the purposes of this article, "batteries" means primary
or secondary batteries, including nickel-cadmium, alkaline,
carbon-zinc, and other batteries generated as non-RCRA waste similar
in size to those typically generated as household waste.  "Batteries"
does not include lead-acid batteries.



25216.1.  (a) Any collection location or intermediate collection
location that receives, or any person that transports, spent
batteries, as defined in this article, is exempt from the
requirements of this chapter concerning the receipt, storage, and
transportation of hazardous waste if the batteries are subsequently
sent from that collection location to a facility authorized to
receive  those batteries and all of the following conditions are met:

   (1) The collection location is either of the following:
   (A) The collection location does not store more than  600 pounds
of batteries at any one time and no batteries are stored for longer
than 180 days.
   (B) The collection location is operated, or is authorized to be
operated, by a public agency as part of a curbside collection
program, no batteries are stored for longer than 180 days, and the
public agency has considered appropriate volume limits and other
necessary precautions to protect the public health, safety, and the
environment.
   (2) The batteries are stored and transferred in a manner which
minimizes the possibility of fire, explosion, or any release of
hazardous substances or hazardous waste constituents.
   (3) The collection location, transporter, and receiving facility
retains a copy of the hazardous waste manifest or bill of lading used
during transportation for a period of three years.  If a bill of
lading is used, the bill of lading shall have, at a minimum, all of
the following information:
   (A) The name, address, and telephone number of the collection
location, transporter, and receiving facility.
   (B) A general description and quantity of batteries.
   (C) The date of the transfer.
   (D) The signatures of the transporter and the collection location
representative.
   (4) The batteries are not treated or reclaimed at any location
exempted from the requirements of this chapter by this article.
   (5) Batteries which are received in accordance with  subparagraph
(A) or (B) of paragraph (1) which are not subsequently recycled at
the facility or transferred to a permitted recycling facility are
transferred to a disposal facility authorized to accept such
batteries.
   (b) A household hazardous waste collection facility, as defined in
subdivision (f) of Section 25218.1, may refuse to accept spent
batteries if the volume of spent batteries delivered for receipt
exceeds the facility's storage capabilities.  Such a facility may
charge a fee to recover the handling, storage, and disposal costs of
those spent batteries, which shall not exceed the facility's
handling, storage, and disposal costs.


25216.2.  (a) (1) This article does not apply to batteries that are
disposed of on or into the land, water, or air.
   (2) For purposes of this subdivision, disposal does not include a
battery which is delivered to a collection location or an
intermediate collection location and subsequently transported to a
household hazardous waste collection facility.
   (b) The department shall implement this article consistent with
all applicable state and federal laws.



25216.3.  (a) For purposes of this section, "spent dry cell battery
containing zinc electrodes" means an alkaline or zinc-carbon battery,
that meets all of the following conditions:
   (1) It is an enclosed device or sealed container consisting of one
or more voltaic or galvanic cells, electrically connected to produce
electric energy, of any shape, including, but not limited to,
button, coin, cylindrical, or rectangular, and designed for
commercial, industrial, medical, institutional, or household use.
   (2) It contains an electrode comprised of zinc or zinc oxide or a
combination thereof, and a liquid starved or gelled electrolyte.
   (3) It does not contain any constituent, other than zinc or zinc
oxide, that would cause it to be classified as a hazardous waste
pursuant to this chapter.
   (4) It is discarded by the user.
   (b) Notwithstanding any other provision of law, a spent dry cell
battery containing zinc electrodes is not a hazardous waste, and is
not subject to the requirements of this chapter, if all of the
following conditions are met:
   (1) The spent dry cell battery containing zinc electrodes is
disposed of in a permitted municipal solid waste landfill, as defined
in Section 20164 of Title 27 of the California Code of Regulations,
or in a permitted municipal solid waste transformation facility, as
defined in Section 40201 of the Public Resources Code, or is
accumulated for recycling.
   (2) The spent dry cell battery containing zinc electrodes is not
stored or accumulated for longer than 180 days.  In addition, at
least 75 percent, by weight or volume, of all spent dry cell
batteries containing zinc electrodes stored or accumulated at a site
during a calendar year shall be transferred to a different site for
disposal or recycling during that calendar year.
   (3) The spent dry cell battery containing zinc electrodes is
stored, accumulated, and transferred in a manner that minimizes the
possibility of fire, explosion, or any release of hazardous
substances or hazardous waste constituents.