| Home > 104th Congressional Bills > S. 61 (is) To amend title XIX of the Social Security Act to provide for coverage of services provided by nursing school clinics under State medicaid programs, and for other purposes. [Introduced in Senate] ...
S. 61 (is) To amend title XIX of the Social Security Act to provide for coverage of services provided by nursing school clinics under State medicaid programs, and for other purposes. [Introduced in Senate] ...
Calendar No. 182 104th CONGRESS 1st Session S. 619 [Report No. 104-136] _______________________________________________________________________ A BILL To phase out the use of mercury in batteries and provide for the efficient and cost-effective collection and recycling or proper disposal of used nickel cadmium batteries, small sealed lead-acid batteries, and certain other batteries, and for other purposes. _______________________________________________________________________ August 30, 1995 Reported with amendments Calendar No. 182 104th CONGRESS 1st Session S. 619 [Report No. 104-136] To phase out the use of mercury in batteries and provide for the efficient and cost-effective collection and recycling or proper disposal of used nickel cadmium batteries, small sealed lead-acid batteries, and certain other batteries, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 24 (legislative day, March 23), 1995 Mr. Smith (for himself, Mr. Lautenberg, Mr. Faircloth, Mr. McConnell, Mr. Simon, Mr. Mack, Mr. Bond, Mr. Graham, Mr. Lieberman, Mr. Warner, Mr. Reid, Mr. Inhofe, and Ms. Snowe) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works August 30, 1995 Reported under authority of the order of the Senate of August 11 (legislative day, July 10), 1995, by Mr. Chafee, with amendments [Omit the part struck through and insert the part printed in italic] _______________________________________________________________________ A BILL To phase out the use of mercury in batteries and provide for the efficient and cost-effective collection and recycling or proper disposal of used nickel cadmium batteries, small sealed lead-acid batteries, and certain other batteries, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Mercury-Containing and Rechargeable Battery Management Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) it is in the public interest to-- (A) phase out the use of mercury in batteries and provide for the efficient and cost-effective collection and recycling or proper disposal of used nickel cadmium batteries, small sealed lead-acid batteries, and other regulated batteries; and (B) educate the public concerning the collection, recycling, and proper disposal of such batteries; (2) uniform national labeling requirements for regulated batteries, rechargeable consumer products, and product packaging will significantly benefit programs for regulated battery collection and recycling or proper disposal; and (3) it is in the public interest to encourage persons who use rechargeable batteries to participate in collection for recycling of used nickel-cadmium, small sealed lead-acid, and other regulated batteries. SEC. 3. DEFINITIONS. <DELETED>In </DELETED>For purposes of this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Button cell.--The term ``button cell'' means a button- or coin-shaped battery. (3) Easily removable.--The term ``easily removable'', with respect to a battery, means detachable or removable at the end of the life of the battery-- (A) from a consumer product by a consumer with the use of common household tools; or (B) by a retailer of replacements for a battery used as the principal electrical power source for a vehicle. (4) Mercuric-oxide battery.--The term ``mercuric-oxide battery'' means a battery that uses a mercuric-oxide electrode. (5) Rechargeable battery.--The term ``rechargeable battery''-- (A) means 1 or more voltaic or galvanic cells, electrically connected to produce electric energy, that is designed to be recharged for repeated uses; and (B) includes any type of enclosed device or sealed container consisting of 1 or more such cells, including what is commonly called a battery pack (and in the case of a battery pack, for the purposes of the requirements of easy removability and labeling under section 103, means the battery pack as a whole rather than each component individually); but (C) does not include-- (i) a lead-acid battery used to start an internal combustion engine or as the principal electrical power source for a vehicle, such as an automobile, a truck, construction equipment, a motorcycle, a garden tractor, a golf cart, a wheelchair, or a boat; (ii) a lead-acid battery used for load leveling or for storage of electricity generated by an alternative energy source, such as a solar cell or wind-driven generator; (iii) a 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 function if the primary energy supply fails or fluctuates momentarily; or (iv) a rechargeable alkaline battery. (6) Rechargeable consumer product.--The term ``rechargeable consumer product''-- (A) means a product that, when sold at retail, includes a regulated battery as a primary energy supply, and that is primarily intended for personal or household use; but (B) does not include a product that only uses a battery solely as a source of backup power for memory or program instruction storage, timekeeping, or any similar purpose that requires uninterrupted electrical power in order to function if the primary energy supply fails or fluctuates momentarily. (7) Regulated battery.--The term ``regulated battery'' means a rechargeable battery that-- (A) contains a cadmium or a lead electrode or any combination of cadmium and lead electrodes; or (B) contains other electrode chemistries and is the subject of a determination by the Administrator under section 103(d). (8) Remanufactured product.--The term ``remanufactured product'' means a rechargeable consumer product that has been altered by the replacement of parts, repackaged, or repaired after initial sale by the original manufacturer. SEC. 4. INFORMATION DISSEMINATION. The Administrator shall, in consultation with representatives of rechargeable battery manufacturers, rechargeable consumer product manufacturers, and retailers, establish a program to provide information to the public concerning the proper handling and disposal of used regulated batteries and rechargeable consumer products with nonremovable batteries. SEC. 5. ENFORCEMENT. (a) Civil Penalty.--When on the basis of any information the Administrator determines that a person has violated or is in violation of any requirement of this Act, the Administrator-- (1) in the case of a willful violation, may issue an order assessing a civil penalty of not more than $10,000 for each violation and requiring compliance immediately or within a reasonable specified time period, or both; or (2) in the case of any violation, may commence a civil action in the United States district court in the district in which the violation occurred for appropriate relief, including a temporary or permanent injunction. (b) Contents of Order.--An order under subsection (a)(1) shall state with reasonable specificity the nature of the violation. (c) Considerations.--In assessing a civil penalty under subsection (a)(1), the Administrator shall take into account the seriousness of the violation and any good faith efforts to comply with applicable requirements. (d) Finality of Order; Request for Hearing.--An order under subsection (a)(1) shall become final unless, not later than 30 days after the order is served, a person named in the order requests a hearing on the record. (e) Hearing.--On receiving a request under subsection (d), the Administrator shall promptly conduct a hearing on the record. (f) Subpoena Power.--In connection with any hearing on the record under this section, the Administrator may issue subpoenas for the attendance and testimony of witnesses and for the production of relevant papers, books, and documents. (g) Continued Violation after Expiration of Period for Compliance.--If a violator fails to take corrective action within the time specified in an order under subsection (a)(1), the Administrator may assess a civil penalty of not more than $10,000 for the continued noncompliance with the order. (h) Savings Provisions.--The Administrator may not take any enforcement action against a person for selling, offering for sale, or offering for promotional purposes to the final consumer a battery or product governed by this Act that was-- (1) purchased ready for final sale; and (2) sold, offered for sale, or offered for promotional purposes without modification. SEC. 6. INFORMATION GATHERING AND ACCESS. (a) Records and Reports.--A person who is required to carry out the objectives of this Act, including-- (1) a regulated battery manufacturer; (2) a rechargeable consumer product manufacturer; (3) a mercury-containing battery manufacturer; and (4) an authorized agent of a person described in <DELETED>subparagraph (A), (B), or (C) </DELETED>paragraph (1), (2), or (3), shall establish and maintain such records and report such information as the Administrator may by regulation reasonably require to carry out the objectives of this Act. (b) Access and Copying.--The Administrator or the Administrator's authorized representative, on presentation of credentials of the Administrator, may at reasonable times have access to and copy any records required to be maintained under subsection (a). (c) Confidentiality.--The Administrator shall maintain the confidentiality of documents and records that contain proprietary information. SEC. 7. STATE AUTHORITY. Except as provided in sections 103(e) and 104, nothing in this Act shall be construed to prohibit a State from enacting and enforcing a standard or requirement that is more stringent than a standard or requirement established or promulgated under this Act. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act. TITLE I--RECHARGEABLE BATTERY RECYCLING ACT SEC. 101. SHORT TITLE. This title may be cited as the ``Rechargeable Battery Recycling Act''. SEC. 102. PURPOSE. The purpose of this title is to facilitate the efficient recycling or proper disposal of used nickel-cadmium rechargeable batteries, used small sealed lead-acid rechargeable batteries, other regulated batteries, and such rechargeable batteries in used consumer products, by-- (1) providing for uniform labeling requirements and streamlined regulatory requirements for regulated battery collection programs; and (2) encouraging voluntary industry programs by eliminating barriers to funding the collection and recycling or proper disposal of used rechargeable batteries. SEC. 103. RECHARGEABLE CONSUMER PRODUCTS AND LABELING. (a) Prohibition.-- (1) In general.--No person shall sell for use in the United States a regulated battery that is ready for retail sale or a rechargeable consumer product that is ready for retail sale, <DELETED>which </DELETED>if the battery or product was manufactured on or after the date that is 12 months after the date of enactment of this Act, <DELETED>unless-- </DELETED> (A) in the case of a regulated battery, the regulated battery-- </DELETED> (i) is easily removable from the rechargeable consumer product; or </DELETED> (ii) is sold separately; and </DELETED> (B) in the case of a regulated battery or rechargeable consumer product, the labeling requirements of subsection (b) are met. </DELETED>unless the labeling requirements of subsection (b) are met and, in the case of a regulated battery, the regulated battery-- (A) is easily removable from the rechargeable consumer product; or (B) is sold separately.
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