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The Battery Act helps prevent batteries from being disposed of in landfills and allows the EPA to fine a business up to $10,000 for violating the law. Spent batteries are classified as Universal Waste and are classified as a device consisting of one or more electrically connected electrochemical cells which are designed to receive, store, and deliver electric energy.  An electrochemical cell is a system consisting of an anode, cathode, and an electrolyte, plus such connections (electrical and mechanical) as may be needed to allow the cell to deliver or receive electrical energy.  The term battery also includes an intact, unbroken battery from which the electrolyte has been removed.

Waste Management Requirements for Universal Waste Batteries

Universal Waste batteries must be managed in a way that prevents release of any universal waste or component of a universal waste to the environment, as follows:
1.  A handler of universal waste must contain any universal waste battery that shows evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions in a container. The container must be closed, structurally sound, compatible with the contents of the battery, and must lack evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions.
2.  A handler of universal waste may conduct the following activities as long as the casing of each individual battery cell is not breached and remains intact and closed (except that cells may be opened to remove electrolyte but must be immediately closed after removal):
    a.    Sorting batteries by type;
    b.    Mixing battery types in one container;
    c.    Discharging batteries so as to remove the electric charge;
    d.    Regenerating used batteries;
    e.    Disassembling batteries or battery packs into individual batteries or cells;
    f.    Removing batteries from consumer products; or
    g.   Removing electrolyte from batteries.
3.   A handler of universal waste who removes electrolyte from batteries, or who generates other solid waste as a result of the activities listed above, must determine whether the electrolyte and/or other solid waste exhibit a characteristic of hazardous waste identified in 40 CGR part 261, subpart C.
    a.  If the electrolyte and/or other solid waste exhibit a characteristic of hazardous waste, it must be managed in compliance with all applicable requirements of 40 CFR parts 260 through 272. The handler is considered the generator of the hazardous electrolyte and/or other waste and is subject to 40 CFR part 262.
    b.  If the electrolyte or other solid waste is not hazardous, the handler may manage the waste in any way that is in compliance with the applicable federal, state, or local solid waste regulations. Click for Info