Sponsors: Senators Odom; and Kinnaird.=20
Referred to: Commerce.
April 15, 1997=20
A BILL TO BE ENTITLED=20
AN ACT TO REQUIRE RETAILERS OF CERTAIN GOODS TO TAKE THEM BACK TO BE=
RECYCLED
OR PROPERLY DISPOSED.=20
Additional Information Available on:=20
Section 1. Article 9 of Chapter 130A of the General=20
Statutes is amended by adding a new Part to read:
"Part 2E. Retailer Acceptance of Hard-to-Dispose Items.
"=A7 130A-309.90. Retailers required to accept certain=20
hard-to-dispose items; posting of notice required.
(a) A person who sells or offers for sale any hard-to-dispose=20
items at retail in this State shall accept from customers, at the point of=
=20
transfer or sale, used items of the type and in the quantity at least=20
equal to the number of new such items purchased, if offered by=20
customers.
(b) A person who sells or offers for sale any hard-to-dispose=20
items at retail in this State shall post written notice that is at least 8=
=20
1/2 inches by 11 inches in size and that contains the universal recycling=20
symbol and that states that State law requires retailers to accept used=20
items of that type for recycling in exchange for new items purchased of=20
the same type.
(c) Any person who fails to post the notice required by=20
subsection (b) of this section after receiving written warning from the=20
Department to do so shall be assessed a civil penalty of not more than=20
fifty dollars ($50.00) per day for each day the person fails to post the=20
required notice.
(d) For purpose of this Part, `hard-to-dispose items' means=20
all of the following:
(1) Telephone books.
(2) Nickel-cadmium batteries.
(3) Mercuric oxide batteries.
(4) Automobile tires.
(5) Fluorescent lights that the=20
Department determines contain toxic levels of substances.
(6) Hypodermic needles.
(7) Propane tanks.
(8) Smoke detectors.
(9) Pesticide containers specified by=20
the Department.
(10) Products with cathode ray tubes=20
specified by the Department.
(11) Motor oil.
(12) Antifreeze.
(13) Oil-based paint and solvents.
(14) White goods as defined in G.S.=20
130A-290.
"=A7 130A-309.91. Wholesalers required to accept hard-to-dispose=20
items.
(a) No person selling new hard-to-dispose items at wholesale=20
shall refuse to accept from customers, at the point of transfer, any used=20
item of the type and in a quantity at least equal to the number of new=20
such items purchased, if offered by customers. A person accepting a=20
hard-to-dispose item in transfer from a retailer of those items shall be=20
allowed a period not to exceed 90 days to remove these items from the=20
retail point of collection.
(b) Any person who violates this section shall be assessed a=20
civil penalty of fifty dollars ($50.00) per violation. Each item refused=20
by a wholesaler or not removed from the retail point of collection within=20
90 days is a separate violation.
"=A7 130A-309.92. Inspections of retailers authorized;=20
construction of this Part.
(a) The Department may inspect any place, building, or premise=20
subject to the provisions of G.S. 130A-309.90. The Department may issue=20
warnings to persons who fail to comply with the provisions of this=20
Part.
(b) The provisions of this Part shall not be construed to=20
prohibit any person who does not sell any of the hard-to-dispose items=20
from collecting and recycling such items.
"=A7 130A-309.93. Landfilling and incineration of hard-to-dispose=20
items prohibited; delivery for recycling.
(a) No person shall knowingly place or dispose of a used=20
hard-to-dispose item in a landfill, an incinerator, or a waste-to-energy=20
facility. Any person may deliver any hard-to-dispose items to a retailer=20
or wholesaler of that item, or to a collection or recycling facility=20
authorized under this Chapter or by the United States Environmental=20
Protection Agency.
(b) No retailer of any hard-to-dispose items shall knowingly=20
place or dispose of those used items in a landfill, incinerator, or=20
waste-to-energy facility. A retailer of any hard-to-dispose items may=20
deliver those items to an agent of a wholesaler of those items, to a=20
manufacturer of those items, or to a collection or recycling facility=20
authorized under this Chapter or by the United States Environmental=20
Protection Agency.
(c) Any person who knowingly places or disposes of any=20
hard-to-dispose items in violation of this section shall be assessed a=20
civil penalty of not more than fifty dollars ($50.00) per violation. Each=
=20
such item improperly disposed of is a separate violation."
Section 2. This act becomes effective July 1, 1998.