
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC14323]

 
                 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


(a) Batteries subject to certain regulations

    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, Sec. 104, May 13, 1996, 110 Stat. 1335.)

                       References in Text

    The 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, Sec. 2, Oct. 21, 1976, 90 Stat. 2795, which 
is classified generally to chapter 82 (Sec. 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.

                  Section Referred to in Other Sections

    This section is referred to in sections 14304, 14306 of this title.
