2011 US Code
Title 42 - The Public Health and Welfare
Chapter 137 - MANAGEMENT OF RECHARGEABLE BATTERIES AND BATTERIES CONTAINING MERCURY (§§ 14301 - 14336)
Subchapter II - RECYCLING OF RECHARGEABLE BATTERIES (§§ 14321 - 14323)
Section 14323 - Requirements
View Metadata| Publication Title | United States Code, 2006 Edition, Supplement 5, Title 42 - THE PUBLIC HEALTH AND WELFARE |
| Category | Bills and Statutes |
| Collection | United States Code |
| SuDoc Class Number | Y 1.2/5: |
| Contained Within | Title 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 137 - MANAGEMENT OF RECHARGEABLE BATTERIES AND BATTERIES CONTAINING MERCURY SUBCHAPTER II - RECYCLING OF RECHARGEABLE BATTERIES Sec. 14323 - Requirements |
| Contains | section 14323 |
| Date | 2011 |
| Laws in Effect as of Date | January 3, 2012 |
| Positive Law | No |
| Disposition | standard |
| Source Credit | Pub. L. 104-142, title I, §104, May 13, 1996, 110 Stat. 1335. |
| Statutes at Large References | 79 Stat. 997 90 Stat. 2795 110 Stat. 1335 |
| Public Law References | Public Law 89-272, Public Law 94-580, Public Law 104-142 |
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The collection, storage, or transportation of used rechargeable batteries, batteries described in section 14302(5)(C) of this title or in subchapter III of this chapter, 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) of this section 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) of this section if the Administrator finds that—
(A) the State has adopted requirements that are identical to those referred to in subsection (a) of this section governing the collection, storage, or transportation of batteries referred to in subsection (a) of this section; and
(B) the State provides for enforcement of such requirements.
(Pub. L. 104–142, title I, §104, May 13, 1996, 110 Stat. 1335.)
References in TextThe Solid Waste Disposal Act, referred to in subsec. (b)(1), is title II of Pub. L. 89–272, Oct. 20, 1965, 79 Stat. 997, as amended generally by Pub. L. 94–580, §2, Oct. 21, 1976, 90 Stat. 2795, which is classified generally to chapter 82 (§6901 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6901 of this title and Tables.
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