Senate Bill No. 266
(By Senator Grubb)
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[Introduced March 3, 1993;
referred to the Committee on Energy, Industry and Mining.]
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A BILL to amend chapter twenty of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article twelve, relating
to beverage container control; legislative intent;
definitions; refund value; mandatory acceptance; refusal of
acceptance; container requirements; redemption centers;
rules; civil and criminal penalties; governor's incentive
award; and educational programs.
Be it enacted by the Legislature of West Virginia:
That chapter twenty of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by
adding thereto a new article, designated article twelve, to read
as follows:
ARTICLE 12. WEST VIRGINIA CONTAINER ACT OF 1993.
§20-12-1. Short title.
This article may be known and referred to as "The West
Virginia Container Act of 1993".
§20-12-2. Legislative findings.
The Legislature hereby finds and declares that a well-
administered container deposit law creates, and it is the intent
of the Legislature to create, incentives for the distributors,
dealers and consumers of beverage containers to reuse and recycle
such beverage containers; thus, removing the blight and hazard on
the landscape, roads and highways of the state of West Virginia
and reducing the increasing economic, social, environmental
burden and cost of such litter collection and disposal. Further,
it is the intent of the Legislature to promote the general
economic welfare of the state through the creation of employment
through the manufacture, shipment, storage and processing of
reusable beverage containers within the state.
Furthermore, the Legislature hereby finds and declares that
glass, metal and plastic beverage containers constitute a
significant portion of the solid waste stream disposed of in the
state's already overburdened sanitary landfills or irresponsibly
discarded as litter along roadsides, on farm properties, in parks
and throughout the environment; that the removal and reuse or
recycling of this component of the waste stream would
substantially extend the useful life of the landfills of the
state, reduce the safety hazard of broken glass and metal
fragments, mitigate the costs to the agricultural industry of
repairing damaged equipment, livestock losses and lost productive
work time, provide a more attractive landscape and reduce the
financial burden of municipalities charged with the
responsibility of cleaning up the state's already serious litter
problem; that the reuse or recycling of these containers providesan energy efficient and environmentally sound means of achieving
these goals; and that it is, therefore, in the public interest to
establish a state program to promote the return and recycling of
beverage containers.
§20-12-3. Definitions.
Whenever used in this article:
(a) "Beverage" means carbonated soft drinks, mineral water,
soda water, beer and other malt beverages. "Malt beverages"
means any beverage obtained by the alcoholic fermentation or
infusion or decoction of barley, malt, hops or other wholesome
grain or cereal and water, including, but not limited to, ale,
stout or malt liquor.
(b) "Beverage container" means the individual, separate,
sealed glass, metal, aluminum, steel or plastic bottle, can or
jar used for containing one gallon or three and eight-tenths
liters or less at the time of sale of a beverage intended for use
or consumption in this state. Beverage containers sold or
distributed aboard aircraft shall be considered as intended for
use or consumption outside this state.
(c) "Dealer" means every person who engages in the sale
within this state of beverages in beverage containers to a
consumer for off-premises consumption, including any distributor
engaging in retail sales.
(d) "Department" means the state department of natural
resources.
(e) "Director" means the director of the state department of
natural resources.
(f) "Distributor" means any person who bottles, cans or
otherwise fills or packages beverage containers for retail sale
in this state or who engages in the sale at wholesale of such
containers to a dealer in this state.
(g) "Industry" means a person manufacturing a beverage
container which is subsequently bottled, canned or filled for
sale to distributors or retailers or consumers within the
boundaries of the state of West Virginia.
(h) "Person" has the meaning provided in section ten,
article two, chapter two of this code.
(i) "Place of business" means the location at which a dealer
sells or offers for sale beverages in beverage containers to
consumers.
(j) "Redeemer" means every person who demands the refund
value provided for herein in exchange for the empty beverage
container, but shall not include a dealer or distributor as
defined in subdivision (c) of this section.
(k) "Redemption center" means any establishment offering to
pay the refund value of a beverage container under the provision
of section seven of this article.
(l) "Use or consumption" means the exercise of any right or
power incident to the ownership of a beverage, other than the
sale or the keeping or retention of a beverage for the purpose of
sale.
§20-12-4. Prohibition on certain containers.
(a) Except as otherwise provided in this article, no
distributor or dealer may, after the first day of January, onethousand nine hundred ninety, sell or offer for sale (1) beverage
containers for which a refund value is not indicated as provided
in section five of this article, (2) metal beverage containers
having parts detachable in opening the container, and (3)
beverages packaged by means of plastic loop retainers.
(b) No distributor or dealer may sell or offer for sale, at
wholesale or retail in this state, any metal beverage container
so designed and constructed that a part of the container is
detachable in opening the container.
(c) No distributor or dealer may sell or offer for sale in
this state beverage containers connected to each other by a
separate holding device constructed of plastic which does not
decompose by photodegradation or biodegradation.
§20-12-5. Refund value.
Notwithstanding any other provision of this code, every
beverage container sold or offered for retail sale after the
first day of January, one thousand nine hundred ninety, in this
state shall have a refund value of not less than five cents,
except that plastic containers with a capacity of one quart or
greater shall have a refund value of not less than twenty-five
cents.
§20-12-6. Beverage container requirements.
Every beverage container sold or offered for sale in this
state by a distributor or dealer shall clearly indicate by
permanently marking or embossing on the container or by printing
as part of the product label the refund value of the container
and the words "West Virginia" or the letters "WV" except that inthe case of private label beverages, such information may be
embossed or printed on a label which is securely or permanently
affixed to the beverage container. Private label beverages are
beverages purchased from a beverage manufacturer in beverage
containers bearing a brand name or trademark for sale at retail
directly by the owner or license of such brand name or trademark;
or through retail dealers affiliated with such owner or licensee
by a cooperative or franchise agreement.
Such embossing or permanent imprinting on the beverage
container shall be the responsibility of the person which
bottles, cans or otherwise fills or packages a beverage container
or a brand owner for whose exclusive account private label
beverages are bottled, canned or otherwise packaged:
Provided,
That the duly authorized agent of any such person may indicate
such refund value by a label securely affixed on any beverage
container containing beverages imported into the United States.
§20-12-7. Redemption centers.
(a) The director is hereby empowered and directed to
promulgate rules for the establishment of redemption centers at
which redeemers and dealers may return empty beverage containers
and receive payment of the refund value of such containers.
(b) The director shall issue permits for operation of such
redemption centers to those persons who satisfy the requirements
of this section, except that all such redemption centers shall
conform to applicable provisions of local and state law that are
not at variance with the intent of this article.
(c) No person may operate any redemption center foracceptance of empty beverage containers without first obtaining
a permit from the director pursuant to this section, except that
nothing in the section prohibits a dealer or distributor from
operating a redemption center without first obtaining such a
permit if such center is located at the same location as the
dealer's or distributor's place of business.
§20-12-8. Mandatory acceptance by dealer.
(a) Except as otherwise provided in this article, a dealer
shall accept from a redeemer at the dealer's place of business,
during normal business hours of that place of business, any empty
beverage container of the design, shape, size, color, composition
and brand sold by that dealer at that place of business, and
shall pay to the redeemer the refund value of each such beverage
container as established by section four of this article.
(b) The director is hereby empowered and directed to
promulgate rules governing the circumstances under which dealers
are required to accept the return of empty beverage containers
from redeemers. Such rules shall require dealers to accept the
return of empty beverage containers from redeemers as required in
subsection (a) of this section, except that such rules may allow
dealers to refuse acceptance of beverage containers offered
during the first and last half hours of the dealer's business
day.
(c) No dealer may be required to accept more than one
hundred twenty empty beverage containers from one individual
redeemer during any one business day.
§20-12-9. Mandatory acceptance by distributor; additional fee.
(a) A distributor may not refuse to accept from a dealer or
operator of a redemption center any empty beverage containers of
the design, shape, size, color, composition and brand sold by the
distributor, and shall pay the dealer or operator of a redemption
center the refund value of each such beverage container as
established by section four of this article.
(b) In addition to the refund value of a beverage container
as established by section four of this article, a distributor as
part of its agreement with any dealer or operator of a redemption
center shall reimburse such dealer or operator two cents for each
beverage container accepted by the distributor from such dealer
or operator of a redemption center.
(c) A distributor who initiates a deposit on a beverage
container must reimburse any other distributor who redeems such
container for the deposit and handling fee paid by the redeeming
distributor.
§20-12-10. Right to refuse acceptance.
(a) A dealer or operator of a redemption center may refuse
to accept from a redeemer, and a distributor may refuse to accept
from a dealer or operator of a redemption center, any beverage
container which does not state thereon a refund value as required
by section five and established by section four of this article.
(b) A distributor, dealer or operator of a redemption center
may refuse to accept any broken bottle, corroded or dismembered
can; except that, for the purposes of this section, beverage
containers usable for recycling purposes, including, but not
limited to, dented or flattened plastic or metal containers orchipped glass containers, shall be acceptable for refund and may
not be refused.
(c) No distributor, dealer or operator of any redemption
center may be required to accept for refund any beverage
container which contains any substance other than dried beverage
residue, or accept for refund any bottle that would constitute a
health hazard upon the premises of that distributor, dealer or
operator of any redemption center.
§20-12-11. Rules.
In addition to other powers granted the director in this
article, the director shall have, in addition to rule-making
authority in sections six and seven of this article, the power to
promulgate rules governing the initiation of deposits, sale of
beverages in containers through vending machines and for on-
premises consumption, record keeping, refunding for refillable
beverage containers, embossing, imprinting or labeling of
refunding values and other such rules necessary and proper to the
implementation and enforcement of this article.
§20-12-12. Penalties.
(a) Any person who violates any of the provisions of this
article is guilty of a misdemeanor, and, upon conviction thereof,
shall be fined not less than one hundred dollars nor more than
one thousand dollars.
(b) In addition to the criminal penalty herein provided, any
person who violates any provisions of this article shall be
liable for a civil penalty of not more than five hundred dollars,
and an additional civil penalty of not more than five hundreddollars for each day during which each such violation continues.
Any civil penalty may be assessed following a hearing or
opportunity to be heard.
§20-12-13. Governor's incentive award.
The governor's office shall award at the conclusion of each
calendar year beginning with the year one thousand nine hundred
ninety-four, an award to one business or industry from each of
the four state congressional districts. This award shall be made
to individuals, organizations, businesses or industries for
diligence in furthering the goals of this article.
§20-12-14. Educational programs.
(a) State informational material such as travel pamphlets,
road maps and similar publications submitted for printing on or
after the first day of July, one thousand nine hundred ninety-
four, shall bear information relating to this article. This
information shall take the form of a standard public statement
relating to the deposit law provided by the director.
(b) The state board of education may incorporate information
on this article in educational material which it normally
distributes to primary and secondary schools within the state.
The state board of education may cooperate with the director in
distributing any additional informative material on this article
to schools in the state.
NOTE: The purpose of this bill is to require deposits and
refunds on returnable bottles and containers. The bill sets the
deposit amount and bottle or container requirements. The
Director of the Department of Natural Resources administers thearticle.
This article is new; therefore, strike-throughs and
underscoring have been omitted.