Laguna Woods Municipal Code Ch. 4.22 Battery Recycling by Businesses

The purpose of this chapter is to regulate the recycling of batteries of all kinds in the City of Laguna Woods by requiring retail businesses that sell batteries to provide for the collection of used batteries and the transfer of the collected batteries to recycling centers; to promote the public health, safety, comfort, convenience, quality of life and general welfare of the City's residents, and to advance the protection of environmental resources by promoting the recycling of recyclable products.

In adopting and implementing the regulatory provisions of this chapter, it is the intent of the Laguna Woods City Council to further the objectives specified above, and to create reasonable regulations in conformance with the California Public Resources Code and the regulations promulgated by the California Department of Toxic Substances Control.

The Laguna Woods City Council has found and determined that these requirements for used battery recycling are necessary to attain such purposes and to promote access to legal, convenient, and environmentally safe methods for the disposal of used batteries.

These regulations are intended to complement any applicable provisions of the California Public Resources Code and any regulations promulgated by the California Department of Toxic Substances Control pertaining to the recycling of used batteries and to establish requirements for the provision of battery recycling programs by retail businesses that sell batteries, taking into consideration the possibility that these regulations may change over time.

(Ord. No. 06-01, § 1, 2-15-2006)

For purposes of this chapter, the following words, terms, phrases and their derivations shall have the meanings given herein. The word "shall" is always mandatory and not merely directory.

(05) Battery means, as defined in Title 22, Section 66273.9 of the California Code of Regulations, a device consistent of one or more electrically connected electrochemical cells which is designed to receive, store, and deliver electrical energy. An electrochemical cell is a system consisting of an anode, cathode, and an electrolyte, plus such connections (electrical and mechanical) as may be needed to allow the cell to deliver or receive energy. However, for purposes of this chapter, automotive-type spent lead-acid batteries shall not be deemed "batteries."

(10) Retail business means a person or establishment that sells batteries as all or part of its operations. "Retail business" does not include a person or establishment who has less than $1,000,000.00 annually in gross sales.

(15) Recycling system means a method by which business customers may hand over to a business used batteries of the general type sold by the business for the purpose of transferring those batteries for recycling to companies, corporations, or other enterprises engaged in the business of recycling used batteries.

(Ord. No. 06-01, § 1, 2-15-2006)

All retail businesses that sell or otherwise provide for a fee or charge for batteries in the City of Laguna Woods are subject to this chapter.

(Ord. No. 06-01, § 1, 2-15-2006)

(a) Every retail business selling batteries in the City of Laguna Woods shall maintain on its premises a convenient, safe, and environmentally friendly battery recycling system and shall make the presence of the recycling system known to customers by printed materials clearly visible in the business and by verbal communications about the recycling system.

(b) Where feasible, a recycling system shall include a marked canister or box into which batteries may be placed by customers.

(c) Every retail business selling batteries in the City of Laguna Woods shall, at the request of the City of Laguna Woods, make available the name, address, and telephone number of the company, corporation, or other enterprise to which it transfers for the purpose of recycling all batteries collected by its recycling system.

(d) Every retail business selling batteries in the City of Laguna Woods shall, at the request of the City of Laguna Woods, make available records regarding the transfer of batteries from its recycling system to the company, corporation or other enterprise responsible for recycling the batteries.

(e) Nothing in this chapter shall be deemed to require the recycling of batteries by individual residents of the City of Laguna Woods.

(f) Nothing in this chapter shall be deemed to require a business to accept as part of its recycling system a battery of a type not generally sold by the business. However, nothing in this chapter shall be deemed to forbid a business from accepting as part of its recycling system a battery of a type not generally sold by the business.

(Ord. No. 06-01, § 1, 2-15-2006)