Bill Text: NJ S2712 | 2010-2011 | Regular Session | Introduced
Bill Title: Prohibits sale of mercury batteries and consumer products that use mercury batteries; prohibits disposal of used mercury batteries as solid waste.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-02-22 - Introduced in the Senate, Referred to Senate Environment and Energy Committee [S2712 Detail]
Download: New_Jersey-2010-S2712-Introduced.html
Sponsored by:
Senator LINDA R. GREENSTEIN
District 14 (Mercer and Middlesex)
SYNOPSIS
Prohibits sale of mercury batteries and consumer products that use mercury batteries; prohibits disposal of used mercury batteries as solid waste.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning mercury batteries, and supplementing Title 13 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. On or after January 1, 2013 no person shall sell, offer for sale, or offer for promotional purposes in this State a mercury battery for consumer use or a product for consumer use that operates with a mercury battery.
As used in this act, "mercury battery" means any button, coin, cylindrical, rectangular or other shaped dry cell battery consisting of mercury which is designed or sold for commercial, industrial, medical or institutional use.
2. a. On or after January 1, 2013 no person shall knowingly dispose of used mercury batteries as solid waste at any time.
b. Any person seeking to dispose of used mercury batteries may:
(1) transport them to a household hazardous waste collection site established pursuant to a county household hazardous waste collection program;
(2) place them for collection in the manner provided by the municipal recycling ordinance in instances where the adopted district recycling plan as approved by the Department of Environmental Protection pursuant to section 3 of P.L.1987, c.102 (C.13:1E-99.13) requires the collection and disposition of used dry cell batteries as a designated source separated recyclable material; or
(3) collect, transport, recycle or dispose of them as otherwise provided by the battery management plan required pursuant to section 8 of P.L.1991, c.521 (C.13:1E-99.66).
3. The Commissioner of Environmental Protection shall establish a means of addressing consumer complaints and a public education program to assure the widespread dissemination of information concerning the purposes of this act.
4. a. A person who violates this act shall be subject to a penalty of not less than $500 nor more than $1,000 for each offense, to be collected in a civil action by a summary proceeding under the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). The municipal court and the Superior Court shall have jurisdiction of proceedings for the enforcement of the penalty provided by this section.
If the violation is of a continuing nature, each day during which it continues constitutes an additional, separate, and distinct offense.
b. The Department of Environmental Protection may institute a civil action for injunctive relief to enforce this act and to prohibit and prevent a violation of this act, and the court may proceed in the action in a summary manner.
5. This act shall take effect immediately.
STATEMENT
This bill would prohibit, on or after January 1, 2013, any mercury battery or any product for consumer use that operates with a mercury battery to be sold, offered for sale, or offered for promotional purposes in this State. In addition, on or after January 1, 2013 no person shall knowingly dispose of used mercury batteries as solid waste at any time. The bill establishes alternative procedures for any person seeking to dispose of used mercury batteries. "Mercury battery" is defined in the bill to mean any button, coin, cylindrical, rectangular or other shaped dry cell battery consisting of mercury which is designed or sold for commercial, industrial, medical or institutional use.
