Title 13, Title 13: CONSERVATION AND DEVELOPMENT--PARKS AND RESERVATIONS

13:1E-99.49. Request for information by department 6. a. Any person claiming an exemption pursuant to subsection a. of section 5 of this act shall maintain on file, and shall transmit, in writing, to the department upon its request, the following information: (1) A statement sett…

13:1E-99.50. Fees 7. a. The department may, in accordance with a fee schedule adopted as a rule or regulation pursuant to the provisions of the "Administrative Procedure Act," establish and charge fees for any of the services to be performed or rendered in connection with this ac…

13:1E-99.51. Certification of compliance 8. No later than January 1, 1993, a written certification of compliance stating that a package or packaging component is in compliance with the requirements of this act shall be furnished by the package manufacturer to the product manufact…

13:1E-99.52. Determination of compliance by department 9. a. The department shall have the right to enter the premises of a package manufacturer, product manufacturer, distributor or retailer at which packages or packaging components are manufactured or stored, or at which produc…

13:1E-99.53. Noncompliance 10. a. Whenever the commissioner finds that a package or packaging component fails to comply with the provisions of this act, or any rule or regulation adopted pursuant thereto, the commissioner may issue an order requiring the distributor or retailer, …

13:1E-99.54. Violations, penalties, remedies 11. a. Whenever the commissioner finds that a person has violated any provision of this act, or any rule or regulation adopted pursuant thereto, the commissioner may: (1) issue an order requiring the person found to be in violation to …

13:1E-99.55. "Toxic Packaging Reduction Fund" created 12. There is created in the Department of Environmental Protection and Energy a special nonlapsing fund to be known as the "Toxic Packaging Reduction Fund." The fund shall be administered by the department and shall be the dep…

13:1E-99.56 Review, report. 13. The department, in consultation with the Source Reduction Task Force of the Coalition of Northeastern Governors (CONEG), shall review the effectiveness of this act no later than 42 months after its effective date and shall provide to the Governor a…

13:1E-99.57. Request for copy of declaration of exemption, certificate of compliance 14. A member of the public may request a package manufacturer, product manufacturer or distributor for a copy of the declaration of exemption or certification of compliance for any specified pack…

13:1E-99.58. Rules, regulations 15. The department shall adopt, pursuant to the provisions of the "Administrative Procedure Act," any rules or regulations necessary to implement the provisions of this act. L.1991,c.520,s.15.

13:1E-99.59. Short title 1. Sections 1 through 23 of this act shall be known and may be cited as the "Dry Cell Battery Management Act." L.1991,c.521,s.1.

13:1E-99.60. Findings, declarations 2. The Legislature finds and declares that the presence of toxic metals in certain discarded dry cell batteries is a matter of great concern in light of their likely presence in emissions or residual ash when used batteries are incinerated at a…

13:1E-99.61 Definitions relative to dry cell batteries 3. As used in sections 1 through 23 of this act: "Commissioner" means the Commissioner of the Department of Environmental Protection; "Consumer mercuric oxide battery" means any button or coin shaped mercuric oxide battery wh…

13:1E-99.62. Restricted sales of certain batteries 4. a. No person shall sell, offer for sale, or offer for promotional purposes in this State any alkaline manganese battery which exceeds the following mercury concentration levels: (1) For alkaline manganese batteries, other than…

13:1E-99.63. Restricted sale of consumer mercuric oxide battery 5. a. No person shall sell, offer for sale, or offer for promotional purposes in this State any consumer mercuric oxide battery which exceeds a mercury concentration level of more than 250 parts per million by weight…

13:1E-99.64. Sale of rechargeable consumer products restricted, exemptions 6. a. On or after July 1, 1993, no person shall sell, offer for sale, or offer for promotional purposes in this State any rechargeable consumer product unless: (1) the rechargeable battery is readily remov…

13:1E-99.65. Sale of certain batteries dependent on battery management plan 7. a. No person shall sell, offer for sale, or offer for promotional purposes in this State any mercuric oxide battery, or any nickel-cadmium or sealed lead rechargeable battery, unless the manufacturer t…

13:1E-99.66. Submission of battery management plan 8. a. (1) Within nine months of the effective date of this act, every manufacturer of mercuric oxide batteries, nickel-cadmium rechargeable batteries or sealed lead rechargeable batteries sold or offered for promotional purposes …

13:1E-99.67. Submission of dry cell battery collection plan 9. a. Within nine months of the effective date of this act, every manufacturer of dry cell batteries sold or offered for promotional purposes in this State shall prepare and submit to the department, in writing, a dry ce…

13:1E-99.68. Disposal of mercuric oxide batteries as solid waste, prohibited 10. a. No person shall knowingly dispose of used mercuric oxide batteries as solid waste at any time. b. Any person seeking to dispose of used mercuric oxide batteries may: (1) transport these types of u…

13:1E-99.69. Disposal of used nickel-cadmium rechargeable batteries as solid waste, prohibited 11. a. No person shall knowingly dispose of used nickel-cadmium rechargeable batteries or used sealed lead rechargeable batteries as solid waste at any time. b. Any person seeking to di…

13:1E-99.70. Solid waste collector not to collect certain used batteries 12. a. No solid waste collector registered pursuant to sections 4 and 5 of P.L.1970, c.39 (C.13:1E-4 and 13:1E-5) shall, at any time, knowingly collect used mercuric oxide batteries, used nickel-cadmium rech…

13:1E-99.71. Solid waste facility not to accept certain used batteries for disposal 13. a. No solid waste facility in this State shall knowingly accept for disposal any truckload or roll-off container of solid waste containing a visible quantity of used mercuric oxide batteries, …

13:1E-99.72. Retailers, distributors, manufacturers to accept used batteries 14. a. Except as otherwise provided in a battery management plan approved by the department pursuant to the provisions of section 8 of this act, every retailer shall: (1) Accept from customers at any tim…

13:1E-99.73. Institutional generator to provide for disposal of certain batteries 15. a. Every institutional generator shall provide for the on-site source separation, collection and disposal of all used mercuric oxide batteries, nickel-cadmium rechargeable batteries and sealed l…

13:1E-99.74 Adoption of district household hazardous waste management plan. 16. Whenever a county prepares and adopts a district household hazardous waste management plan, the commissioner may require the plan to be adopted as an amendment to the district solid waste management p…

13:1E-99.75. Implementation of countywide used dry cell battery source separation and collection program 17. a. The provisions of P.L.1970, c.39 (C.13:1E-1 et seq.) or any rules and regulations adopted pursuant thereto to the contrary notwithstanding, the department, as a conditi…

13:1E-99.76. Order issued by commissioner to manufacturers 18. a. In the event that the commissioner makes a finding, in writing, that the continued disposal of a specified used dry cell battery, including, but not limited to, any used lithium battery, silver oxide battery, zinc-…

13:1E-99.77. Addressing consumer complaints, establishment of public education program, determination of compliance 19. a. The commissioner shall establish a means of addressing consumer complaints and a public education program to assure the widespread dissemination of informati…

13:1E-99.78. Violations, penalties 20. a. Any person convicted of a violation of this act shall be subject to a penalty of not less than $500.00 nor more than $1,000.00 for each offense, to be collected in a civil action by a summary proceeding under "the penalty enforcement law,…

13:1E-99.79. Rules, regulations 21. The commissioner shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations necessary to implement this act. L.1991,c.521,s.21.

13:1E-99.80. Report by commissioner to the Legislature 22. a. The commissioner shall prepare a report to the Legislature concerning the implementation of this act, including recommendations as to whether the collection, transportation, recycling or disposal methods prescribed in …

13:1E-99.81. Collector, transporter exemptions 23. No collector or transporter utilized by a manufacturer for the collection of used dry cell batteries who is not otherwise required to file a disclosure statement with the Attorney General and the department shall be subject to th…

13:1E-99.81a Short title. 1. This act shall be known and may be cited as the "Electric and Hybrid Vehicle Battery Management Act." L.2023, c.222, s.1.

13:1E-99.81b Definitions. 2. As used in this act: "Authorized propulsion battery recycler" means an entity or facility that is authorized by the department or an equivalent agency in another state to collect, sort, separate, and refine the elemental components of end-of-life prop…

13:1E-99.81c Propulsion battery, permanent label, information. 3. Commencing January 1, 2027, a propulsion battery sold in the State, whether embedded in a vehicle or not, shall include a permanent label providing information about the battery, in accordance with rules and regula…

13:1E-99.81d Needs assessment, availability, authorize propulsion battery recyclers, infrastructure, related, implementation; report, Governor, Legislature. 4. a. No later than six months after the effective date of this act, the department shall commence a needs assessment to de…

13:1E-99.81e Disposal, propulsion battery, module, cell, restrictions. 5. a. Commencing three years after the effective date of this act, no person shall dispose of a propulsion battery, or any battery module or battery cell thereof, as solid waste, unless authorized to do so by …

13:1E-99.81f Rules, regulations; battery management plan; end-of-life management, propulsion battery, responsibility. 6. a. No later than 18 months after the completion of the needs assessment required pursuant to section 4 of this act, the department shall adopt rules and regula…

13:1E-99.81g Complete battery management plan, approval, disapproval, timeline. 7. a. No later than one year after receipt by the department of a complete battery management plan, the department shall approve, approve in part, or disapprove of the plan. In making a determination …

13:1E-99.81h Locations to deliver unwanted propulsion battery. 8. a. A person seeking to discard an unwanted propulsion battery may deliver the battery or the vehicle that contains the battery, or may otherwise arrange for the collection and delivery of the battery or vehicle as …

13:1E-99.81i Battery management plan, collection services, educational materials for consumers. 9. a. In implementing a battery management plan approved pursuant this act, a producer shall provide consumers with educational materials related to the producer's approved battery man…

13:1E-99.81j Violations, recourse. 10. a. A violation of the provisions of this act shall be considered a violation of the "Solid Waste Management Act," P.L.1970, c.39 (C.13:1E-1 et seq.), and the commissioner shall have recourse to any of the actions or penalties provided for in…

13:1E-99.81k Propulsion battery producer, register, Department of Environmental Protection. 11. Each producer shall register with the department. A producer operating in the State on the effective date of this act shall register with the department no later than 12 months after t…

13:1E-99.81l Propulsion battery producer, report, number sold, offered for sale, distributed in New Jersey, Department of Environmental Protection. 12. a. Commencing 24 months after the effective date of this act, and each year thereafter, each producer shall report to the depart…

13:1E-99.82 Short title. 1. This act shall be known and may be cited as the "Mercury Switch Removal Act of 2005." L.2005,c.54,s.1.