U.S Code last checked for updates: Feb 22, 2025
§ 14323.
Requirements
(a)
Batteries subject to certain regulations
(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) if the Administrator finds that—
(A)
the State has adopted requirements that are identical to those referred to in subsection (a) governing the collection, storage, or transportation of batteries referred to in subsection (a); and
(B)
the State provides for enforcement of such requirements.
(Pub. L. 104–142, title I, § 104, May 13, 1996, 110 Stat. 1335.)
cite as: 42 USC 14323