beverage container to a beverage retailer who sells
(or has sold at any time during the 90-day period
ending on the date of tender) the same brand of bev-
erage in the same kind and size of container, the re-
tailer shall promptly pay the person the amount of
the refund value stated on the container.
‘‘(2) LIMITATIONS.—(A) A retailer may limit
the total number of beverage containers which the
retailer will accept from any one consumer or other
person in any one business day to 240 containers, or
any other number greater than 240.
‘‘(B) A retailer may refuse to accept beverage
containers during no more than 8 hours in any one
business day. If a retailer refuses to accept beverage
containers under this subsection, the hours during
which the retailer would accept containers shall be
conspicuously posted.
‘‘(b) PAYMENT BY DISTRIBUTOR.—
‘‘(1) IN GENERAL.—If a person tenders for re-
fund an empty and unbroken beverage container to
a beverage distributor who sells (or has sold at any
time during the 90-day period ending on the date of
tender) the same brand of beverage in the same kind
and size of container, the distributor shall promptly
pay the person—
‘‘(A) the amount of the refund value stated
on the container; plus
‘‘(B) an amount equal to at least 2 cents
per container to help defray the cost of han-
dling.
‘‘(2) TENDERING
BEVERAGE
CONTAINERS
TO
OTHER
PERSONS.—This subsection shall not pre-
clude any person from tendering a beverage con-
tainer to a person other than a beverage distributor.
‘‘(c) AGREEMENTS.—
‘‘(1) IN
GENERAL.—Nothing in this subtitle
precludes an agreement between a distributor, a re-
tailer, or other person to establish a centralized bev-
erage container collection center, including a center
that acts as an agent of the retailer.
‘‘(2) AGREEMENT
FOR
CRUSHING
OR
BUN-
DLING.—Nothing in this subtitle precludes an agree-
ment between a beverage retailer, a beverage dis-
tributor, or other person for the crushing or bun-
dling (or both) of beverage containers.
‘‘SEC. 12005. ACCOUNTING FOR UNCLAIMED REFUNDS AND
PROVISIONS FOR STATE RECYCLING FUNDS.
‘‘(a) UNCLAIMED REFUNDS.—
‘‘(1) PAYMENTS
TO
STATES.—At the end of
each calendar year, each beverage distributor shall
pay to each State an amount equal to the sum by
which the total refund value of all containers sold by
the distributor for resale in that State during the
year exceeds the total sum paid during that year by
the distributor under section 12004(b) to persons in
the State.
‘‘(2) USE BY STATES.—The total amount of un-
claimed refunds received by any State under this
section shall be available to carry out pollution pre-
vention and recycling programs in the State.
‘‘(b) REFUNDS IN EXCESS OF COLLECTIONS.—If the
total amount of payments made by a beverage distributor
for any calendar year under section 12004(b) for any
State exceeds the total amount of the refund values of all
containers sold by the distributor for resale in the State,
the excess shall be credited against the amount otherwise
required to be paid by the distributor to that State under
subsection (a) for a subsequent calendar year, designated
by the beverage distributor.
‘‘SEC. 12006. PROHIBITIONS ON DETACHABLE OPENINGS
AND POST-REDEMPTION DISPOSAL.
‘‘(a) DETACHABLE OPENINGS.—No beverage dis-
tributor or beverage retailer may sell, or offer for sale,
in interstate commerce a beverage in a metal beverage
container a part of which is designed to be detached in
order to open the container.
‘‘(b) POST-REDEMPTION DISPOSAL.—No retailer or
distributor or agent of a retailer or distributor may dis-
pose of any beverage container labeled pursuant to section
12002 or any metal, glass, or plastic from the beverage
container (other than the top or other seal of the con-
tainer) in any landfill or other solid waste disposal facility.
‘‘SEC. 12007. EXEMPTED STATES.
‘‘(a) EXEMPTION.—Sections 12002 through 12005
and sections 12008 and 12009 shall not apply in any
State that has adopted and implemented requirements ap-
plicable to all beverage containers sold in the State if the
Administrator determines the requirements to be substan-
tially similar to the requirements of sections 12002
through 12005 and sections 12008 and 12009.
‘‘(b) DETERMINATION OF TAX.—No State or political
subdivision of a State that imposes a tax on the sale of
any beverage container may impose a tax on any amount
attributable to the refund value of the container.
‘‘(c) EFFECT ON OTHER LAWS.—Nothing in this
subtitle affects the authority of any State or political sub-
division of a State—
‘‘(1) to enact or enforce (or continue in effect)
any law concerning a refund value on containers
other than beverage containers; or
‘‘(2) to regulate redemption and other centers
that purchase empty beverage containers from bev-
erage retailers, consumers, or other persons.
‘‘SEC. 12008. PENALTIES.
‘‘A person who violates section 12002, 12003, 12004,
or 12006 shall be subject to a civil penalty of not more
than $10,000 for each violation.
‘‘SEC. 12009. REGULATIONS.
‘‘Not later than 1 year after the date of enactment
of this subtitle, the Administrator shall promulgate regula-
tions to carry out this subtitle.
‘‘SEC. 12010. EFFECTIVE DATE.
‘‘Except as provided in section 12009, this subtitle
takes effect on the date that is 2 years after the date of
enactment of this subtitle.’’.
(b) TABLE OF CONTENTS.—The table of contents for
the Solid Waste Disposal Act (42 U.S.C. prec. 6901) is
amended by adding at the end the following:
‘‘Subtitle K—Beverage Container Recycling
‘‘Sec. 12001. Definitions.
‘‘Sec. 12002. Required beverage container labeling.
‘‘Sec. 12003. Collection of refund value.
‘‘Sec. 12004. Return of refund value.
‘‘Sec. 12005. Accounting for unclaimed refunds and provisions for State recy-
cling funds.
‘‘Sec. 12006. Prohibitions on detachable openings and post-redemption disposal.
‘‘Sec. 12007. Exempted States.
‘‘Sec. 12008. Penalties.
‘‘Sec. 12009. Regulations.
‘‘Sec. 12010. Effective date.’’.
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