1. (1) The disposal of lead acid batteries in landfills and the incineration of those batteries is prohibited. An owner or operator of a solid waste disposal facility shall not knowingly accept a lead acid battery for disposal unless the owner or operator is removing lead acid batteries from the waste stream for recycling. A lead acid battery shall be discarded or disposed of only as follows:

   1. (a) A lead acid battery retailer or wholesaler may deliver a lead acid battery to any one (1) of the following:

      1. (i) A permitted secondary lead smelter.
      2. (ii) A battery manufacturer.
      3. (iii) A collection or recycling facility authorized by the federal environmental protection agency or department of environmental quality.
      4. (iv) In the case of battery retailers only, an agent of a battery wholesaler.
      5. (v) A landfill operator who offers collection services for recycling lead acid batteries.

2. (2) A person other than a lead acid battery retailer or wholesaler may deliver a lead acid battery to any of the following:

   1. (a) A lead acid battery retailer or wholesaler.
   2. (b) A permitted secondary lead smelter.
   3. (c) A collection or recycling facility authorized by the federal environmental protection agency or the department of environmental quality.
   4. (d) A landfill operator who offers collection services for recycling lead acid batteries.

[39-7002, added 1991, ch. 292, sec. 1, p. 752; am. 2001, ch. 103, sec. 63, p. 301.]