New Jersey § 13:1e-99

§ 13:1e-99.

As used in sections 1 through 23 of this act: 1 “ Commissioner ” means the Commissioner of the Department of Environmental Protection; “ Consumer mercuric oxide battery ” means any button or coin shaped mercuric oxide battery which is purchased at retail

by a consumer for personal or household use; “ Department ” means the Department of Environmental Protection; “ Distributor ” means a person who sells dry cell batteries at wholesale to retailers in this State,

including any manufacturer who engages in these sales, except that a “distributor”

shall not include any wholesaler or distributor owned cooperatively by retailers; “ Dry cell battery ” means any type of button, coin, cylindrical, rectangular or other shaped, enclosed

device or sealed container consisting of a combination of two or more voltaic or galvanic

cells, electrically connected to produce electric energy, composed of lead, lithium,

manganese, mercury, mercuric oxide, silver oxide, cadmium, zinc, copper or other metals,

or any combination thereof, and designed for commercial, industrial, medical, institutional

or household use, including any alkaline manganese, lithium, mercuric oxide, silver

oxide, zinc-air or zinc-carbon battery, nickel-cadmium rechargeable battery or sealed

lead rechargeable battery; “ Institutional generator ” means the owner or operator of any public or private, commercial or industrial establishment

or facility, including any establishment owned or operated by, or on behalf of, a

governmental agency, health care facility or hospital, licensed or other authorized

hearing aid dispenser, research laboratory or facility, who routinely uses large quantities

of mercuric oxide batteries or nickel-cadmium or sealed lead rechargeable batteries;

or the owner or operator of any public or private facility identified by the department

that generates at least 220 pounds of these types of used dry cell batteries per month,

or the owner or operator of any public or private facility that accumulates 220 pounds

of these types of used dry cell batteries at any time; “ Lithium battery ” means any button, coin, cylindrical, rectangular or other shaped dry cell battery

consisting of lithium and other chemicals commonly used in pocket calculators, wrist

watches and other electrical appliances; “ Manufacturer ” means a person producing dry cell batteries for sale to institutional generators,

distributors, retailers, small quantity generators or consumers; “ Mercuric oxide battery ” means any button, coin, cylindrical, rectangular or other shaped dry cell battery

consisting of zinc, potassium and mercury oxide which is designed or sold for commercial,

industrial, medical or institutional use; “ Nickel-cadmium rechargeable battery ” means any button, coin, cylindrical, rectangular or other shaped dry cell battery

composed of cadmium and nickel which is designed for reuse and is capable of being

recharged after repeated uses, and which has a useful life of at least 12 months , except that “nickel-cadmium rechargeable battery” shall not include any dry cell

battery used as a backup power source for memory or program instruction storage, timekeeping,

or any similar purpose that requires uninterrupted electrical power in order to operate

if the primary energy supply fails or fluctuates momentarily ; “ Rechargeable battery ” means any nickel-cadmium rechargeable battery or sealed lead rechargeable battery; “ Rechargeable consumer product ” means any product, including, but not limited to, a cordless electrical tool or

appliance, containing a nickel-cadmium rechargeable battery or a sealed lead rechargeable

battery, which is purchased at retail and commonly used for personal or household

purposes; “ Retailer ” means a person engaged in the sale of rechargeable batteries to any consumer at

retail; “ Sealed lead rechargeable battery ” means any button, coin, cylindrical, rectangular or other shaped dry cell battery

composed of lead and other chemicals which is designed for reuse and is capable of

being recharged after repeated uses, and which has a useful life of at least 12 months; “ Silver oxide battery ” means any button, coin, cylindrical, rectangular or other shaped dry cell battery

consisting of silver oxide, potassium hydroxide or sodium hydroxide and zinc, and

mercury commonly used in wrist watches and other electrical appliances; “ Solid waste container ” means a receptacle, container or bag suitable for the depositing of solid waste; “ Solid waste facilities ” mean and include the plants, structures and other real and personal property acquired,

constructed or operated or to be acquired, constructed or operated by any person pursuant

to the provisions of P.L.1970, c. 39 ( C. 13:1E-1 et seq. ), P.L.1970, c. 40 ( C. 48:13A-1 et seq. ) or any other act, including transfer stations, incinerators, resource recovery facilities,

sanitary landfill facilities or other plants for the disposal of solid waste, and

all vehicles, equipment and other real and personal property and rights therein and

appurtenances necessary or useful and convenient for the collection or disposal of

solid waste in a sanitary manner; “ Small quantity generator ” means the owner or operator of any public or private, commercial or industrial establishment

or facility, including any establishment owned or operated by, or on behalf of, a

governmental agency, health care facility or hospital, licensed or other authorized

hearing aid dispenser, research laboratory or facility, who routinely uses small quantities

of mercuric oxide batteries or nickel-cadmium or sealed lead rechargeable batteries;

or the owner or operator of any public or private facility identified by the department

that generates less than 220 pounds of these types of used dry cell batteries per

month, or the owner or operator of any public or private facility that accumulates

over 20 pounds but less than 220 pounds of these types of used dry cell batteries

at any time; “ Zinc-air battery ” means any button, coin, cylindrical, rectangular or other shaped dry cell battery

consisting of zinc, potassium hydroxide and commonly used in hearing aids, photographic

equipment and electrical appliances. 1

N.J.S.A. §§ 13:1E-99.59 to 13:1E-99.81.