H-0392

AN ACT Relating to beverage container recycling; adding a new chapter to Title 19 RCW; creating a new section; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. The purpose of this act is to reduce litter, reduce the need for future solid waste disposal, conserve natural resources, provide employment, and encourage recycling by placing a refund value of at least five cents on certain beverage containers.

This act, which creates a beverage container deposit is designed to encourage recycling-compatible packaging, to not inhibit responsible new package development, and to ensure that beverage container recycling will be geographically convenient and economically stable in the future for the residents of Washington state.

NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Beverage" means beer, malt beverages, mineral water, soda water, mixed wine drinks or other wine coolers, carbonated soft drinks, or fruit juice drinks in liquid form intended for human consumption.

(2) "Beverage container" means any individual, separately sealed glass, plastic or metal can, bottle, jar, or carton containing a beverage. The term "beverage container" does not include cups, other open receptacles, containers holding three liters of fluid or more, or containers holding two hundred fifty milliliters of fluid or less.

(3) "Clean" means free of soil or foreign matter, including caps and lids, and containing nothing other than air, ordinary dust, and the residue of the beverage which constituted the original contents of the container.

(4) "Consumer" means any person who purchases a beverage in a beverage container for use or consumption without intent to resell.

(5) "Container marking" means for cans, a printed or embossed message in letters no less than one-fourth inch in height on the lid of the can, and for glass or plastic containers, a printed message on the label of no less than one-fourth inch in height, such print to contrast in color with the label background.

(6) "Dealer" means any person in Washington state who engages in the sale of beverages in beverage containers to consumers.

(7) "Distributor" means any person, firm, or corporation which engages in the sale of beverages in beverage containers to dealers.

(8) "Ecology" means the Washington state department of ecology.

(9) "Food vendor" means a person selling beverages in beverage containers to consumers from a mobile unit and operating exclusively on public space.

(10) "Handling fee" means a fee, as determined by section 8 of this act, which shall be paid by the distributor to the dealer, recycling center, or individual, for each container redeemed by the dealer, recycling center, or individual.

(11) "Person" means any individual, partnership, corporation, or any other organization.

(12) "Population" means resident population as determined by the Washington state office of financial management.

(13) "Recycling center" means a facility for receiving returned beverage containers as authorized by section 6 of this act.

(14) "Reverse vending machine" means an unattended device which accepts a beverage container in exchange for the established refund value.

(15) "Vending machine" means an unattended device which dispenses beverages in beverage containers in exchange for the purchase price of the product.

(16) "Vending machine operator" means the person in possession of property on which one or more vending machines are placed and who does not sell beverages in beverage containers by any means other than one or more vending machines on such property.

NEW SECTION. Sec. 3. Every beverage container in which beverages are sold or offered for sale in Washington state after February 14, 1992, shall have a cash refund value of not less than five cents. A container holding one liter or more shall have a cash refund value of not less than twenty-five cents.

NEW SECTION. Sec. 4. (1) After February 14, 1992:

(a) No dealer shall refuse to accept from any persons any clean beverage container of any brand of beverage sold by the dealer which is marked as required by section 9 of this act and which is returned to a location where the dealer sells or offers for sale to consumers beverages in beverage containers.

(b) Acceptance of a returned beverage container may include the provision of one or more reverse vending machines at the dealer's place of business.

(c) No dealer shall refuse to pay in cash the refund value of a beverage container as provided in (a) of this subsection.

(d) A dealer may refuse to accept and pay the refund value of any beverage container visibly containing caps or lids or contaminated by a substance other than water, residue of the original contents, or ordinary dust.

(e) A dealer may refuse to accept and pay the refund value of more than forty-eight individual beverage containers returned by any one person during one day if a daily time is posted when larger quantities of containers will be accepted, or if the street address and hours of operation are posted for the nearest recycling center accepting for deposit refund the beverage brands sold by the dealer.

(f) In order to refuse containers under (d) and (e) of this subsection, the dealer must post in each area where containers are received, a clearly visible and legible sign containing the following information:

"Washington state law allows a dealer to refuse to accept:

1. Beverage containers visibly containing caps or lids or contaminated by a substance other than water, residue of the original contents, or ordinary dust; or

2. More than forty-eight individual beverage containers from any one person during one day if: A daily time is posted when larger quantities of containers will be accepted; or if the street address and hours of operation are posted for the nearest recycling center.

Quantities in excess of forty-eight individual containers may be returned on the following schedule or at the following locations:

3. Beverage containers of the following type: (List types) and brands: (List brands) which may be returned at (the name and location of recycling center)."

(2) For the purposes of subsection (1) of this section, the term "dealer" shall not include a person selling beverages to consumers only for consumption on the premises.

(3) For the purposes of subsection (1) of this section, the term "dealer" shall not include vending machine operators or food vendors.

NEW SECTION. Sec. 5. After February 14, 1992:

(1) Vending machine operators are required to place a conspicuous notice on each vending machine, no smaller than six inches in width by eight inches in length, informing consumers of the nearest retail store which accepts for refund the brands and sizes of all containers sold in the machines, and the hours of acceptance of containers by such store.

(2) Food vendors are required to post a conspicuous notice, no smaller than six inches in width by eight inches in length, informing consumers of the nearest retail store which accepts for refund the brands and sizes of all containers sold in the machines, and the hours of acceptance of containers by such store.

NEW SECTION. Sec. 6. (1) Any person may establish a recycling center for the purpose of receiving clean beverage containers for the refund value of the container.

(2) A recycling center must conspicuously post a sign indicating the brands of beverage containers acceptable for refund and the hours the center is open.

(3) No recycling center shall refuse to pay in cash the refund value of a beverage container as provided in section 3 of this act.

(4) A recycling center may refuse to accept and pay the refund value of any beverage container visibly containing caps and lids or contaminated by a substance other than water, residue of the original contents, or ordinary dust.

(5) A recycling center may refuse to accept and to pay the refund value of more than five thousand individual beverage containers returned by any one person during one day.

(6) A recycling center may accept beverage containers in quantities exceeding five thousand and may accept other materials for recycling.

NEW SECTION. Sec. 7. After February 14, 1992:

(1) A distributor shall operate, or contract with, at least one recycling center in each county in which its beverage containers are sold, which has a population between ten thousand and seventy thousand persons, to redeem for refund value, beverage containers of any brand sold by the distributor.

(2) A distributor shall operate, or contract with, at least two recycling centers in each county in which its beverage containers are sold, which has a population between seventy thousand and two hundred thousand persons, to redeem for refund value, beverage containers of any brand sold by the distributor.

(3) A distributor shall operate, or contract with, at least three recycling centers in each county in which its beverage containers are sold, which has a population exceeding two hundred thousand persons, to redeem for refund value, beverage containers of any brand sold by the distributor.

(4) A distributor shall operate, or contract with, a recycling center within fifteen days of the discontinuance of an operated or contracted recycling center as provided for in this subsection and subsections (2) and (3) of this section.

(5) A distributor, at his or her place of business and during regular business hours, shall accept for refund value as authorized by section 3 of this act and handling fees as authorized by section 8 of this act, beverage containers of the brands sold by the distributor, in quantities exceeding five thousand.

(6) No distributor shall refuse to collect from any dealer or contracted recycling center, at the dealer's or recycling center's place of business in Washington state, beverage containers of brands sold by the distributor, and shall make such collection within three days, excluding Saturdays, Sundays, and holidays, of the time of notification by the dealer or recycling center that a collection is required.

(7) No distributor shall refuse to pay a dealer, recycling center, or individual within two weeks of accepting a quantity of beverage containers, a sum equal to the refund value of the containers plus handling fees as authorized pursuant to section 8 of this act.

(8) A distributor shall provide to dealers and contracted recycling centers shipping cartons as needed, at no charge, holding no fewer than twenty-four empty beverage containers.

(9) A distributor may authorize, but may not require as part of that authorization, a recycling center or sorting center to pick up or accept delivery of redeemed beverage containers from a dealer.

(10) A distributor may authorize, but may not require as part of that authorization, a recycling center or sorting center to process redeemed beverage containers for their commodity values.

NEW SECTION. Sec. 8. After February 14, 1992:

(1) A handling fee shall be paid by the distributor to the dealer, recycling center, or individual for each container redeemed by the dealer, recycling center, or individual of at least the values stated in subsection (2) of this section.

(2) The minimum handling fee transaction schedule shall be as follows:

Five cent refund Twenty-five cent refund

value container value container

Type of transaction handling fee handling fee

Reprocessed at

recycling center one cent two cents

Picked up by one and one-half

distributor cents three cents

Delivered to two and one-half

distributor cents five cents

NEW SECTION. Sec. 9. After February 14, 1992, no distributor or dealer shall sell or offer for sale in Washington state a beverage in a beverage container that does not have securely affixed to it a beverage container marking with the following information: The letters "WASH" or "NW"; and the refund value of the beverage container as established in section 3 of this act.

NEW SECTION. Sec. 10. (1) Any person who violates any provision of this act shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not exceeding five hundred dollars for each offense. Each day during which a violation is committed or permitted to continue shall constitute a separate offense.

(2) The department of ecology shall designate, prior to February 14, 1990, at least one enforcement officer, empowered to cooperate with the attorney general's office for the prosecution of violations of this act and to petition for an injunction against those in violation of this act.

(3) The attorney general may institute a proceeding in superior court for injunctive relief or other appropriate action to enforce or to correct violations of this act.

NEW SECTION. Sec. 11. Sections 2 through 10 of this act shall constitute a new chapter in Title 19 RCW.