§ 8–771.03. Battery stewardship plan.
*NOTE: This section has been amended by emergency legislation with identical permanent legislation that will become effective in December, 2021.*
(a) A proposed battery stewardship plan shall include, at a minimum:
(1) A list of producers and brands, including:
(A) All producers participating in the battery stewardship plan and contact information for each of the participating producers;
(B) The brands of batteries and battery-containing products covered by the battery stewardship plan; and
(C) Brands of products meeting the exemption described in § 8-771.01(2)(B) that contain batteries supplied by producers participating in the battery stewardship plan;
(2) An anticipated annual budget for the battery stewardship plan, broken down into administrative, collection, transportation, disposition, and communication costs, along with a description of the financing method used to implement the battery stewardship plan. The budget shall fund, at a minimum, staff responsible for implementing the battery stewardship plan in the District and include funds for fees administered by DOEE. The budget may not include legal fees or costs related to legislative efforts;
(3) Economically and technically feasible performance goals for each of the first 3 years of implementation of the battery stewardship plan that are based on the estimated total weight of batteries that have been sold or offered for sale in the District in the previous 3 calendar years by the producers participating in the battery stewardship plan;
(4) A description of how the battery stewardship organization will provide for the convenient collection of batteries from consumers as required by § 8-771.02(a). At a minimum, the battery stewardship plan shall provide for a minimum of one collection site per 10,000 people in the District, with a reasonable geographic spread of collection sites across all 8 wards, taking into account accessibility to public transit, and an explanation for the geographic spread; except, that DOEE shall not require the collection site minimum in this paragraph to be met in the first year of implementation of the plan if the plan provides a reasonable timetable for achieving that requirement;
(5) A description of how the battery stewardship organization will arrange for components of the discarded batteries to be recycled to the maximum extent economically and technically feasible, in a manner that is environmentally sound and safe for waste management workers;
(6) A list of all key participants in the battery collection program, including:
(A) The names of the collection sites accepting batteries under the plan, including the address and contact information for each collection site;
(B) The name and contact information of a transporter or contractor collecting batteries from the collection sites; and
(C) The name, address, and contact information of the recycling facilities that process the collected batteries;
(7) A description of the education and outreach that will be used to inform consumers about the battery collection program, which must, at a minimum, notify the public that there is a free collection program for all batteries as well as the location of the collection sites and how to access the battery collection program; and
(8) Other information as required by the Mayor through rulemaking.
(b)(1)(A) Within 120 days after receipt of a proposed battery stewardship plan, DOEE shall determine whether the plan complies with the requirements of this section. DOEE shall notify the applicant of the plan approval or rejection in writing. If DOEE rejects a proposed plan, DOEE shall include the reasons for rejecting the plan.
(B) An applicant whose plan is rejected by DOEE shall submit a revised plan within 45 days after receiving the notice of rejection. DOEE shall review the revised plan, issue an order approving or disapproving the revised plan, and notify the applicant of the decision within 45 days after receipt of the revised plan. An applicant whose revised plan is rejected by DOEE may appeal the decision to the Office of Administrative Hearings, pursuant to Chapter 18A of Title 2.
(C) In the event of an appeal of an initial plan's disapproval, obligations of the battery stewardship organization and producers under this chapter may be stayed in their entirety until final disposition of the appeal. In the event of an appeal of an amended plan's disapproval, obligations of the battery stewardship organization and producers, including collection and remittance of fees to the battery stewardship organization, under this chapter shall remain in accordance with the previously approved plan until final disposition of the appeal.
(2) DOEE shall post all proposed battery stewardship plans, and any proposed amendments pursuant to subsection (c) of this section or § 8-771.05(b), on its website for 30 days after the date the application is submitted and provide an opportunity for public review and comment.
(c) Every 2 years following approval of the battery stewardship plan, the battery stewardship organization shall submit updated performance goals to DOEE for approval, based on the implementation of the program up until that point and current economic and technical feasibility. DOEE may require a battery stewardship organization to make other revisions to the plan if the performance goals under the battery stewardship plan are not being met after 2 years of plan implementation.
(d) Any battery collection site designated under a plan shall:
(1) Complete a safety tutorial on how to safely manage batteries, to be provided by the battery stewardship organization implementing the stewardship plan;
(2) Prominently display the availability of drop-off at their location; and
(3) Provide for the acceptance of up to 100 batteries per visit, and accept all batteries regardless of type or brand.