8-9-303. Lead-acid batteries.

8-9-303. Lead-acid batteries. (a) A person selling lead-acid batteries at retail or offering lead-acid batteries for retail sale in the state shall: (1) Accept, at the point of transfer, in a quantity at least equal to the number of new lead-acid batteries purchased, used lead-acid batteries from customers, if offered by customers; and (2) Post written notices which must be at least eight and one-half inches by eleven inches (8½" x 11") in size and must contain the universal recycling symbol and the following language: (A) “It is illegal to discard a motor vehicle or marine battery.”; (B) “Recycle your used batteries.”; (C) “State law requires us to accept used lead-acid batteries for recycling, in exchange for new lead-acid batteries purchased.”; and (D) “When you purchase any new lead-acid battery, you will be charged an additional ten dollars ($10.00) unless you return a used lead-acid battery for refund within thirty (30) days.” (b)(1) Each person who purchases a lead-acid battery at retail shall be assessed a surcharge of ten dollars ($10.00) per lead-acid battery by the retailer unless for each lead-acid battery purchased: (A) That person returns a used lead-acid battery to the retailer within thirty (30) days of the date of his or her surcharged purchase; (B) That person provides a valid police report which indicates that a lead-acid battery has been stolen from that person; or (C) The purchase is for installation in an item which was sold without a lead-acid battery and there is no used lead-acid battery for that item which could be returned, and that person signs a written statement containing the following language: “I attest that this purchase of a lead-acid battery is for installation in an item which was sold without a lead-acid battery, and there is no used battery for this item which can be returned.” (2) A retailer shall refund the ten-dollar surcharge to any purchaser of a new lead-acid battery who presents a used lead-acid battery to the retailer with a receipt for the purchase of a new lead-acid battery from that retailer within that thirty-day period. (3) A retailer may keep any lead-acid battery surcharge moneys which are not properly claimed within thirty (30) days after the date of sale. (c) The Division of Environmental Quality shall produce, print, and distribute the notices required by this section to all places where lead-acid batteries are offered for sale at retail. (d) In performing its duties under this section, the division may inspect any place, building, or premises governed by this section. (e)(1) Any person selling new lead-acid batteries at wholesale shall accept, at the point of transfer, in a quantity at least equal to the number of new lead-acid batteries purchased, used lead-acid batteries from customers if offered by customers. (2) A person accepting lead-acid batteries in transfer from a lead-acid battery retailer shall be allowed a period not to exceed ninety (90) days to remove lead-acid batteries from the retail point of collection. (f) No person shall place a used lead-acid battery in municipal solid waste or discard or otherwise dispose of a lead-acid battery, except by delivery to: (1) A lead-acid battery retailer or wholesaler; (2) A collection or recycling facility authorized under the law of the State of Arkansas; or (3) A secondary lead smelter permitted by the United States Environmental Protection Agency. (g) No lead-acid battery retailer shall dispose of a used lead-acid battery except by delivery to the agent of a lead-acid battery wholesaler, to a battery manufacturer for delivery to a secondary lead smelter permitted by the United States Environmental Protection Agency, or to a collection or recycling facility authorized under the law of the State of Arkansas or to a secondary lead smelter permitted by the United States Environmental Protection Agency. (h) An owner or operator of a solid waste landfill shall not knowingly accept for disposal a lead-acid battery. (i) Each lead-acid battery improperly disposed of or accepted for disposal shall constitute a separate violation. (j) The requirements for retailers contained in subsections (a) and (b) of this section shall not apply to a person whose retail sales of lead-acid batteries are not in the ordinary course of business. (k) Nothing in this section shall be construed to prohibit the collection, transportation, or disposal of lead-acid batteries mixed or commingled with solid waste by any person engaged in the collection, transportation, or disposal of solid waste, unless it can be demonstrated that the person knew or should have known that such lead-acid batteries had been mixed or commingled with the solid waste collected, transported, or disposed of, and unless it can be demonstrated that it is economically and environmentally feasible to remove and recover the lead-acid batteries from the solid waste collected, transported, or disposed of.