San Luis Obispo County Municipal Code Ch. 8.96 Retail Take-Back Program

For the purpose of this chapter, the following words and phrases are defined, and shall be construed as set out in this chapter:

"Consumer" means a purchaser or owner of a regulated product. "Consumer" also includes a business, corporation, limited partnership, nonprofit organization, or governmental entity, but does not include an entity involved in a wholesale transaction between a distributor and retailer.

"County" means the geographic area that includes the unincorporated area of San Luis Obispo County, California.

"Distributor" means a person who sells a regulated product to a retailer.

"Fluorescent tubes" (also referred to as "universal waste lamp") means the bulb or tube portion of an electric lighting device. A lamp is specifically designed to produce radiant energy, most often in the ultraviolet, visible, and infra-red regions of the electromagnetic spectrum. Examples of common universal waste lamps include, but are not limited to, fluorescent tubes, compact fluorescent lamps (cfl), high intensity discharge, neon, mercury vapor, high pressure sodium, and metal halide lamps.

"Home-generated sharps waste" means hypodermic needles, pen needles, intravenous needles, lancets, and other devices that are used to penetrate the skin for the delivery of medications derived from a household, including a multifamily residence or household.

"Household batteries" means batteries used primarily for household and personal uses, including nickel-cadmium, alkaline, carbon-zinc, Li Ion, NiMH and other batteries generated as non-RCRA waste similar in size to those typically generated as household waste. "Household batteries" does not include lead-acid batteries such as motor vehicle batteries.

"Out-of-service mercury-added thermostat" means a mercury-added thermostat that is removed from a building or facility in the county.

"Regulated paint" means latex paint (water-based paint) sold in a liquid form in one quart or larger containers. Regulated paint does not include oil-based paint.

"Regulated products" means household batteries, fluorescent tubes, sharps for personal use, regulated paint, or thermostats.

"Retailer" means any entity, including, but not limited to, a person or business, of whatever form of organization, which sells to the general public, a regulated product in the county to a consumer, including a manufacturer of a regulated product who sells a regulated product to a consumer.

"Sharps" means hypodermic needles, pen needles, intravenous needles, lancets, and other devices that are used to penetrate the skin for the delivery of medications.

"Thermostat" means a product or device that uses a switch to sense and control room temperature through communication with heating, ventilating, or air-conditioning equipment. "Thermostat" includes a thermostat used to sense and control room temperature in residential, commercial, industrial, and other buildings.

"Used regulated products" means the following products that are intended to be discarded: household batteries, fluorescent tubes, home-generated sharps waste, regulated paint, and out-of-service mercury-added thermostats.

(Ord. No. 3461, § 1, 11-16-21)

(a) Every retailer of regulated products sold in this county shall establish within the retail outlet a system for the acceptance and collection of the applicable used regulated products for recycling or proper disposal. A retailer who sells a regulated product is required to accept, collect and dispose of applicable used regulated products.

(b) A system established by a retailer for the acceptance and collection of used regulated products during the retailer's normal hours of operation, for recycling or proper disposal shall, at a minimum, include all of the following elements:

(1) A convenient location within the retail establishment for the "take-back" from the consumer of applicable used regulated products at no cost to that consumer. While this section prohibits the retailer from charging the consumer to take back used regulated products, nothing in this section prohibits the retailer from increasing the sales price or adding a recycling surcharge on regulated products to fund the cost of taking back used regulated products.

(2) Appropriate signage, prominently displayed within five feet of any entrance to the retail establishment and easily visible to the consumer, indicating that the retail establishment accepts and collects applicable used regulated products from consumers.

(c) A retailer who is required to accept used regulated products shall at a minimum provide the following take-back services:

(1) The take-back from the consumer of used regulated products that the retailer sold or previously sold to the consumer, at no cost to that consumer. In that event, the retailer may require proof of purchase of the prior sales. In addition, if the retailer sells the brand of regulated product that the consumer brings to the retailer that shall be considered proof of purchase. The retailer shall only be required to accept used regulated products in an amount not to exceed the amount previously sold to the consumer.

(2) The take-back of used regulated products from a consumer purchasing regulated products from the retailer, at no cost to that consumer. In that event, the retailer shall only be required to accept used regulated products in an amount not to exceed the amount being purchased.

(3) The take-back from the consumer of used regulated products that the retailer did not sell or previously sell to the consumer, at no cost to that consumer. The retailer shall only be required to accept used regular products if it sells the applicable regulated product and shall only be required to accept applicable used regulated products in the following amounts:

a. Used Household Batteries. An amount not to exceed fifteen used household batteries per consumer per week from any consumer who resides in the county.

b. Used Fluorescent tubes. An amount not to exceed eight used fluorescent tubes per consumer per week from any consumer who resides in the county.

c. Used Home-Generated Sharps Waste. An amount not to exceed a two quart size sharps container per week per consumer from any consumer who resides in the county.

d. Used Regulated Paint. An amount not to exceed two gallons of actual liquid used paint per week per consumer from any consumer who resides in the county.

e. Out-of-Service Mercury-Added Thermostats. An amount not to exceed ten out-of-service mercury-added thermostats per week per consumer from any consumer who resides in the county.

(Ord. No. 3461, § 1, 11-16-21)

Any violation of any provision of this Chapter 8.96 shall constitute a "violation" under Section 1.05.020 of this code. All of the provisions of Chapter 1.05, Administrative Fines, shall be applicable to a violation of any provision of this Chapter 8.96.

(Ord. No. 3461, § 1, 11-16-21)