WILLIAM DONALD SCHAEFER, Governor

Ch. 462

(B)      (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, A
CELL MANUFACTURER SHALL ACCEPT CELLS AND RECHARGEABLE BATTERIES
RETURNED TO IT OF THE SAME GENERAL TYPE WHICH IT MANUFACTURES,
INCLUDING CELLS OF OTHER BRANDS.

(2) A CELL MANUFACTURER MAY NOT BE REQUIRED TO ACCEPT
OTHER BRANDS IN MORE THAN A REASONABLE AMOUNT AS DETERMINED BY THE
DEPARTMENT.

(C)      EACH CELL MANUFACTURER HAS THE SOLE RESPONSIBILITY FOR
RECYCLING OR DISPOSAL OF CELLS AND RECHARGEABLE BATTERIES RETURNED
TO IT.

(D)     A CELL MANUFACTURER THAT DOES NOT PRODUCE RECHARGEABLE
PRODUCTS MAY NOT BE REQUIRED TO ACCEPT A RECHARGEABLE PRODUCT.

6-1010.

(A)     EACH INSTITUTIONAL USER SHALL COLLECT AND RETURN SPENT UNITS
USED IN ITS OPERATIONS TO THE APPROPRIATE RESPONSIBLE ENTITY IN
ACCORDANCE WITH THE UNIT MANAGEMENT PROGRAM, OR, AT ITS DISCRETION,
TO A FACILITY PERMITTED TO STORE OR PROCESS HAZARDOUS WASTE.

(B)      A RECHARGEABLE PRODUCT DESIGNED FOR USE BY AN INSTITUTIONAL
USER SHALL BEAR A NOTICE THAT WHEN NO LONGER USABLE, THE PRODUCT
SHALL BE RECYCLED OR DISPOSED OF PROPERLY.

6-1011.

EACH RESPONSIBLE ENTITY SHALL ENSURE THAT ITS UNIT MANAGEMENT
PROGRAM IS CARRIED OUT AND THAT UNITS COLLECTED UNDER THE SUBMITTED
UNIT MANAGEMENT PROGRAM ARE RETURNED TO THE CELL MANUFACTURER OR,
AT THE DISCRETION OF THE RESPONSIBLE ENTITY, TO PROPER DISPOSAL OR
RECYCLING FACILITIES. DUTIES OF THE RESPONSIBLE ENTITY END WITH DELIVERY
OF COLLECTED UNITS TO THE CELL MANUFACTURER, OR TO PROPER DISPOSAL OR
RECYCLING FACILITIES.

6-1012.

(A)     ANY PERSON BEARING RESPONSIBILITY UNDER THIS SUBTITLE MAY
CONTRACT WITH A PRIVATE OR PUBLIC ENTITY OR MAY FORM AN ASSOCIATION
FOR PREPARATION AND MAINTENANCE OF A UNIT MANAGEMENT PROGRAM OR
FOR PERFORMANCE OF ITS RESPONSIBILITIES REQUIRED UNDER A UNIT
MANAGEMENT PROGRAM, INCLUDING APPOINTMENT OF AN AGENT, ALLOCATION
OF COSTS, AND INDEMNIFICATION.

(B)      NOTHING IN THIS SECTION MAY BE INTERPRETED TO RELIEVE OR TO
PROTECT ANY PERSON BEARING RESPONSIBILITY UNDER THIS SUBTITLE FROM
LIABILITY FOR VIOLATION OF THIS SUBTITLE DUE TO NONPERFORMANCE BY A
RESPONSIBLE ENTITY OR AGENT.

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