II

104TH CONGRESS

1ST SESSION S. 870

To amend the Solid Waste Disposal Act to require a refund value for certain

beverage containers, and to provide resources for State pollution prevention and recycling programs, and for other purposes.

IN THE SENATE OF THE UNITED STATES

MAY 26 (legislative day, MAY 15), 1995

Mr. HATFIELD (for himself and Mr. JEFFORDS) introduced the following bill;

which was read twice and referred to the Committee on Commerce,

Science, and Transportation

A BILL

To amend the Solid Waste Disposal Act to require a refund

value for certain beverage containers, and to provide

resources for State pollution prevention and recycling

programs, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘National Beverage

5 Container Reuse and Recycling Act of 1995’’.

6 SEC. 2. FINDINGS.

7 Congress finds the following:
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1 (1) The failure to reuse and recycle empty bev2 erage containers represents a significant and unnec3 essary waste of important national energy and mate4 rial resources.

5 (2) The littering of empty beverage containers

6 constitutes a public nuisance, safety hazard, and

7 aesthetic blight and imposes upon public agencies,

8 private businesses, farmers, and landowners unnec9 essary costs for the collection and removal of the

10 containers.

11 (3) Solid waste resulting from the empty bev12 erage containers constitutes a significant and rapidly

13 growing proportion of municipal solid waste and in14 creases the cost and problems of effectively manag15 ing the disposal of the waste.

16 (4) It is difficult for local communities to raise

17 the necessary capital to initiate comprehensive recy18 cling programs.

19 (5) The reuse and recycling of empty beverage

20 containers would help eliminate unnecessary burdens

21 on individuals, local governments, and the environ22 ment.

23 (6) Several States have previously enacted and

24 implemented State laws designed to protect the envi25 ronment, conserve energy and material resources,
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1 and promote resource recovery of waste by requiring

2 a refund value on the sale of all beverage containers.

3 (7) The laws referred to in paragraph (6) have

4 proven inexpensive to administer and effective at re5 ducing financial burdens on communities by inter6 nalizing the cost of recycling and litter control to the

7 producers and consumers of beverages.

8 (8) A national system for requiring a refund

9 value on the sale of all beverage containers would

10 act as a positive incentive to individuals to clean up

11 the environment and would—

12 (A) result in a high level of reuse and recy13 cling of the containers; and

14 (B) help reduce the costs associated with

15 solid waste management.

16 (9) A national system for requiring a refund

17 value on the sale of all beverage containers would re18 sult in significant energy conservation and resource

19 recovery.

20 (10) The reuse and recycling of empty beverage

21 containers would eliminate unnecessary burdens on

22 the Federal Government, local and State govern23 ments, and the environment.

24 (11) The collection of unclaimed refunds from

25 a national system of beverage container recycling
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1 would provide the resources necessary to assist com2 prehensive reuse and recycling programs throughout

3 the United States.

4 (12) A national system of beverage container

5 recycling is consistent with the intent of the Solid

6 Waste Disposal Act (42 U.S.C. 6901 et seq.).

7 (13) The provisions of this title are consistent

8 with the goals established by the Administrator of

9 the Environmental Protection Agency in January

10 1988. The goals include a national goal of 25 per11 cent source reduction and recycling by 1992, coupled

12 with a substantial slowing of the projected rate of

13 increase in waste generation by the year 2000.

14 SEC. 3. AMENDMENT OF SOLID WASTE DISPOSAL ACT.

15 (a) IN GENERAL.—The Solid Waste Disposal Act (42

16 U.S.C. 6901 et seq.) is amended by adding at the end

17 the following:

18 ‘‘Subtitle K—Beverage Container

19 Recycling

20 ‘‘SEC. 12001. DEFINITIONS.

21 As used in this subtitle:

22 ‘‘(1) BEVERAGE.—The term ‘beverage’ means

23 beer or other malt beverage, mineral water, soda

24 water, wine cooler, or a carbonated soft drink of any
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1 variety in liquid form intended for human consump2 tion.

3 ‘‘(2) BEVERAGE CONTAINER.—The term ‘bev4 erage container’ means a container—

5 ‘‘(A) constructed of metal, glass, or plastic

6 (or a combination of the materials);

7 ‘‘(B) having a capacity of up to one gallon

8 of liquid; and

9 ‘‘(C) that is or has been sealed and used

10 to contain a beverage for sale in interstate com11 merce.

12 ‘‘(3) BEVERAGE DISTRIBUTOR.—The term ‘bev13 erage distributor’ means a person who sells or offers

14 for sale in interstate commerce to beverage retailers

15 beverages in beverage containers for resale.

16 ‘‘(4) BEVERAGE RETAILER.—The term ‘bev17 erage retailer’ means a person who purchases from

18 a beverage distributor beverages in beverage contain19 ers for sale to a consumer or who sells or offers to

20 sell in commerce beverages in beverage containers to

21 a consumer.

22 ‘‘(5) CONSUMER.—The term ‘consumer’ means

23 a person who purchases a beverage container for any

24 use other than resale.
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1 ‘‘(6) REFUND VALUE.—The term ‘refund value’

2 means the amount specified as the refund value of

3 a beverage container under section 12002.

4 ‘‘(7) UNBROKEN BEVERAGE CONTAINER.—The

5 term ‘unbroken beverage container’ shall include a

6 beverage container opened in a manner in which the

7 container was designed to be opened. A beverage

8 container made of metal or plastic that is com9 pressed shall constitute an unbroken beverage con10 tainer if the statement of the amount of the refund

11 value of the container is still readable.

12 ‘‘(8) WINE COOLER.—The term ‘wine cooler’

13 means a drink containing less than 7 percent alcohol

14 (by volume)—

15 ‘‘(A) consisting of wine and plain, spar16 kling, or carbonated water; and

17 ‘‘(B) containing a non-alcoholic beverage,

18 flavoring, coloring material, fruit juice, fruit ad19 junct, sugar, carbon dioxide, or preservatives

20 (or any combination thereof).

21 ‘‘SEC. 12002. REQUIRED BEVERAGE CONTAINER LABELING.

22 ‘‘Except as otherwise provided in section 12007, no

23 beverage distributor or beverage retailer may sell or offer

24 for sale in interstate commerce a beverage in a beverage

25 container unless there is clearly, prominently, and securely
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1 affixed to, or printed on, the container a statement of the

2 refund value of the container in the amount of 10 cents.

3 The Administrator shall promulgate regulations establish4 ing uniform standards for the size and location of the re5 fund value statement on beverage containers. The 10 cent

6 amount specified in this section shall be subject to adjust7 ment by the Administrator, as provided in section 12008.

8 ‘‘SEC. 12003. ORIGINATION OF REFUND VALUE.

9 ‘‘For each beverage in a beverage container sold in

10 interstate commerce to a beverage retailer by a beverage

11 distributor, the distributor shall collect from the retailer

12 the amount of the refund value shown on the container.

13 With respect to each beverage in a beverage container sold

14 in interstate commerce to a consumer by a beverage re15 tailer, the retailer shall collect from the consumer the

16 amount of the refund value shown on the container. No

17 person other than a person described in this section may

18 collect a deposit on a beverage container.

19 ‘‘SEC. 12004. RETURN OF REFUND VALUE.

20 ‘‘(a) PAYMENT BY RETAILER.—If a person tenders

21 for refund an empty and unbroken beverage container to

22 a beverage retailer who sells (or has sold at any time dur23 ing the 3-month period ending on the date of tender) the

24 same brand of beverage in the same kind and size of con-
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1 tainer, the retailer shall promptly pay the person the

2 amount of the refund value stated on the container.

3 ‘‘(b) PAYMENT BY DISTRIBUTOR.—

4 ‘‘(1) IN GENERAL.—If a person tenders for re5 fund an empty and unbroken beverage container to

6 a beverage distributor who sells (or has sold at any

7 time during the 3-month period ending on the date

8 of tender) the same brand of beverage in the same

9 kind and size of container, the distributor shall

10 promptly pay the person—

11 ‘‘(A) the amount of the refund value stated

12 on the container, plus

13 ‘‘(B) an amount equal to at least 2 cents

14 per container to help defray the cost of han15 dling.

16 ‘‘(2) TENDERING BEVERAGE CONTAINERS TO

17 OTHER PERSONS.—This subsection shall not pre18 clude any person from tendering beverage containers

19 to persons other than beverage distributors.

20 ‘‘(c) AGREEMENTS.—

21 ‘‘(1) IN GENERAL.—Nothing in this subtitle

22 shall preclude agreements between distributors, re23 tailers, or other persons to establish centralized bev24 erage collection centers, including centers that act as

25 agents of the retailers.
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1 ‘‘(2) AGREEMENT FOR CRUSHING OR BUN2 DLING.—Nothing in this subtitle shall preclude

3 agreements between beverage retailers, beverage dis4 tributors, or other persons for the crushing or bun5 dling (or both) of beverage containers.

6 ‘‘SEC. 12005. ACCOUNTING FOR UNCLAIMED REFUNDS AND

7 PROVISIONS FOR STATE RECYCLING FUNDS.

8 ‘‘(a) UNCLAIMED REFUNDS.—At the end of each cal9 endar year, each beverage distributor shall pay to each

10 State an amount equal to the sum by which the total re11 fund value of all containers sold by the distributor for re12 sale in that State during the year exceeds the total sum

13 paid during that year by the distributor under section

14 12004(b) to persons in the State. The total amount of un15 claimed refunds received by any State under this section

16 shall be available to carry out pollution prevention and re17 cycling programs in the State.

18 ‘‘(b) REFUNDS IN EXCESS OF COLLECTIONS.—If the

19 total amount of payments made by a beverage distributor

20 in any calendar year under section 12004(b) for any State

21 exceeds the total amount of the refund values of all con22 tainers sold by the distributor for resale in the State, the

23 excess shall be credited against the amount otherwise re24 quired to be paid by the distributor to that State under
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1 subsection (a) for a subsequent calendar year, designated

2 by the beverage distributor.

3 ‘‘SEC. 12006. PROHIBITIONS ON DETACHABLE OPENINGS

4 AND POST-REDEMPTION DISPOSAL.

5 ‘‘(a) DETACHABLE OPENINGS.—No beverage dis6 tributor or beverage retailer may sell, or offer for sale,

7 in interstate commerce a beverage in a metal beverage

8 container a part of which is designed to be detached in

9 order to open the container.

10 ‘‘(b) POST-REDEMPTION DISPOSAL.—No retailer or

11 distributor or agent of a retailer or distributor may dis12 pose of any beverage container labeled pursuant to section

13 12002 or any metal, glass, or plastic from the beverage

14 container (other than the top or other seal thereof) in any

15 landfill or other solid waste disposal facility.

16 ‘‘SEC. 12007. EXEMPTED STATES.

17 ‘‘(a) IN GENERAL.—

18 ‘‘(1) EXEMPTION.—Sections 12002 through

19 12005 and sections 12008 and 12009 shall not

20 apply in any State that—

21 ‘‘(A) has adopted and implemented re22 quirements applicable to all beverage containers

23 sold in the State if the Administrator deter24 mines the requirements to be substantially simi25 lar to the provisions of sections 12002 through
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1 12005 and sections 12008 and 12009 of this

2 subtitle; or

3 ‘‘(B) demonstrates to the Administrator

4 that, for any period of 12 consecutive months

5 following the date of enactment of this subtitle,

6 the State achieved a recycling or reuse rate for

7 beverage containers of at least 70 percent.

8 ‘‘(2) TERMINATION OF EXEMPTION.—If at any9 time following a determination by the Administrator

10 under paragraph (1)(B) that a State has achieved a

11 70 percent recycling or reuse rate, the Administrator

12 determines that the State has failed, for any 12-con13 secutive month period, to maintain at least a 70 per14 cent recycling or reuse rate of beverage containers,

15 the Administrator shall notify the State that, on the

16 expiration of the 90-day period following the notifi17 cation, sections 12002 through 12005 and sections

18 12008 and 12009 shall apply with respect to the

19 State until a subsequent determination is made

20 under paragraph (1)(A) or a demonstration is made

21 under paragraph (1)(B).

22 ‘‘(b) DETERMINATION OF TAX.—No State or political

23 subdivision thereof that imposes a tax on the sale of any

24 beverage container may impose a tax on any amount at25 tributable to the refund value of the container.
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1 ‘‘(c) EFFECT ON OTHER LAWS.—Nothing in this

2 subtitle is intended to affect the authority of any State

3 or political subdivision thereof—

4 ‘‘(1) to enact or enforce (or continue in effect)

5 any law concerning a refund value on containers

6 other than beverage containers; or

7 ‘‘(2) to regulate redemption and other centers

8 that purchase empty beverage containers from bev9 erage retailers, consumers, or other persons.

10 ‘‘SEC. 12008. REGULATIONS.

11 ‘‘(a) IN GENERAL.—Not later than 12 months after

12 the date of enactment of this subtitle, the Administrator

13 shall prescribe regulations to carry out this subtitle.

14 ‘‘(b) BEVERAGE RETAILER.—The regulations shall

15 include a definition of the term ‘beverage retailer’ for any

16 case in which beverages in beverage containers are sold

17 to consumers through beverage vending machines.

18 ‘‘(c) ADJUSTMENT FOR INFLATION.—The regulations

19 shall adjust the 10 cent amount specified in section 12002

20 to account for inflation. The initial adjustment shall be21 come effective on the date that is 10 years after the date

22 of enactment of this subtitle, and additional adjustments

23 shall become effective every 10 years thereafter.
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1 ‘‘SEC. 12009. PENALTIES.

2 ‘‘Any person who violates any provision of section

3 12002, 12003, 12004, or 12006 shall be subject to a civil

4 penalty of not more than $1,000 for each violation. Any

5 person who violates any provision of section 12005 shall

6 be subject to a civil penalty of not more than $10,000 for

7 each violation.

8 ‘‘SEC. 12010. EFFECTIVE DATE.

9 ‘‘Except as provided in section 12008, this subtitle

10 shall take effect on the date that is 2 years after the date

11 of enactment of this subtitle.’’.

12 (b) TABLE OF CONTENTS.—The table of contents for

13 the Solid Waste Disposal Act (42 U.S.C. prec. 6901) is

14 amended by adding at the end the following:

‘‘SUBTITLE K—BEVERAGE CONTAINER RECYCLING

‘‘Sec. 12001. Definitions.

‘‘Sec. 12002. Required beverage container labeling.

‘‘Sec. 12003. Origination of refund value.

‘‘Sec. 12004. Return of refund value.

‘‘Sec. 12005. Accounting for unclaimed refunds and provisions for State recycling funds.

‘‘Sec. 12006. Prohibitions on detachable openings and post-redemption disposal.

‘‘Sec. 12007. Exempted States.

‘‘Sec. 12008. Regulations.

‘‘Sec. 12009. Penalties.

‘‘Sec. 12010. Effective date.’’.

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