§ 8-10-301 - Sale of certain batteries prohibited -- Disposal requirements. - Arkansas Statutes

8-10-301. Sale of certain batteries prohibited -- Disposal requirements.

(a) Alkaline manganese batteries manufactured on or after January 1, 1996, shall not be sold in this state if the battery contains any intentionally introduced mercury, as distinguished from mercury which may be incidentally present in other materials, except, however, that the limitation on mercury content in alkaline manganese button cells shall be twenty-five milligrams (25 mg.) of mercury per button cell.

(b) Zinc carbon batteries manufactured on or after January 1, 1994, shall not be sold in this state if the battery contains any intentionally introduced mercury.

(c) (1) It shall be illegal to sell consumer mercuric oxide button cell batteries in this state on or after January 1, 1994.

(2) As used in this subsection, the term "consumer mercuric oxide button cell batteries" refers to batteries which contain mercuric oxide electrodes, resemble buttons in size and shape, and are used in consumer products such as hearing aids.

(d) (1) (A) On or after January 1, 1994, no person shall dispose of mercuric oxide batteries in municipal solid waste or in medical waste.

(B) Mercuric oxide batteries are subject to disposal or recycling under the provisions of or pursuant to the provisions of the Arkansas Hazardous Waste Management Act of 1979, 8-7-201 et seq.

(2) As used in this subsection, the term "mercuric oxide batteries" refers to batteries containing mercuric oxide electrodes, except that consumer mercuric oxide button cell batteries are excluded from the definition.

(e) The Arkansas Pollution Control and Ecology Commission may promulgate, modify, or repeal rules or regulations as necessary or appropriate to implement or effectuate the purpose and intent of this section.

(f) Any person violating any provision of this section or of any rule, regulation, or order issued pursuant to this section shall be subject to the same penalty and enforcement provisions as are contained in the Arkansas Solid Waste Management Act, 8-6-204.