Objective

To determine whether the Department of Environmental Conservation (Department) has adequately monitored and enforced compliance with the New York State Rechargeable Battery Law to promote the proper disposal of lithium-ion and other types of rechargeable batteries. The audit covered the period from January 2020 through September 2021.

About the Program

Every year in the United States, millions of single-use and rechargeable batteries are bought, used, and recycled or disposed of in the trash. The increased demand for batteries can be traced largely to the rapid increase in the use of small portable electronics, power tools, and other everyday items, as well as the increase in “smart” products such as small and large appliances and automobiles. Batteries are manufactured using different mixtures of chemical elements designed to meet customers’ power and performance needs. Batteries can contain metals such as mercury, lead, cadmium, nickel and silver, and lithium-ion, all of which can pose a threat to the environment and human health and safety when improperly managed at the end of their service life. These metals can pollute lakes and streams when they leak chemicals into the environment from landfills, and in the case of lithium-ion batteries can ignite and start fires at various points in the waste stream.

The Department, through its Bureau of Waste Reduction and Recycling’s Product Stewardship and Waste Reduction Unit, is responsible for overseeing required recycling and waste disposal efforts in the State. Article 27, Title 18 of the Environmental Conservation Law, referred to as the Rechargeable Battery Law (Law), took effect on December 10, 2010. The Law was enacted to reduce rechargeable batteries’ impact on the environment; however, it only covers the recycling of limited rechargeable batteries weighing less than 25 pounds, including any rechargeable nickel-cadmium, sealed lead, lithium-ion, or nickel metal hydride battery as well as any such dry cell battery capable of being recharged or battery packs containing any of the aforementioned batteries (hereafter collectively referred to as rechargeable batteries). The battery must also be removable from the device prior to recycling. Call2Recycle (C2R) – an existing rechargeable battery program funded by members of the rechargeable battery and portable electronic product industry – had, prior to the Law’s implementation, already established itself as the major vehicle for recycling rechargeable batteries for retailers and manufacturers, and still carries out much of the recycling of rechargeable batteries in the State.

Different aspects of the Law apply to manufacturers, retailers, and consumers. Manufacturers are responsible for financing the collection and recycling of rechargeable batteries, and must submit a collection and recycling plan to the Department for approval. They are also required to submit an annual report to the Department identifying the number of rechargeable batteries received in the State and recycled by quantity or weight. The Department is responsible for analysis of this information and submission of a report on such analysis to the Executive and Legislature biennially.

Retailers of rechargeable batteries are required to accept used rechargeable batteries from consumers. They must also post conspicuously placed signage informing consumers that they can return their used rechargeable batteries to the retail location for recycling and that they are prohibited from knowingly disposing of such batteries as disposable waste.

Key Findings

• The Department has not effectively monitored manufacturer or retailer compliance with the Law.
  • Although C2R has provided the Department with possible non-compliant manufacturers, the Department has taken almost no action since 2014 to ensure these manufacturers are compliant with the Law.
  • While C2R has 911 retailers enrolled in its program, of the 30 we tested, 33% did not have the required signage posted.
  • Testing found that there are at least 1,248 other potentially covered retailers that were not enrolled with C2R. We tested 72 of those retailers and found 69% did not have collection bins for consumers.
• Since the Law was enacted, no fines or penalties have been issued to a manufacturer or retailer, and the Department has never submitted the required reports to the Executive or Legislature.

Key Recommendations

• Develop and implement processes and procedures to monitor and enforce, as well as promote, compliance with the Law. This may include but not be limited to leveraging data and information received from C2R.
• Prepare and submit the biennial reports to the Executive and the Legislature, as required by the Law.