NY Env Conserv L § 27-1013 (2021)
2021 New York Laws ENV - Environmental Conservation Article 27 - Collection, Treatment and Disposal of Refuse and Other Solid Waste Title 10 - Litter and Solid Waste Control 27-1013 - Redemption Centers.

§ 27-1013. Redemption centers.1.  The  commissioner  is  hereby  empowered  to  promulgate rules and   regulations governing (a) the circumstances in which deposit initiators,   dealers and distributors, individually or collectively, are required  to   accept  the  return  of  empty  beverage  containers, including beverage   containers processed through reverse vending machines and  make  payment   therefor; (b) the sorting of the containers which a deposit initiator or   distributor  may  require  of  dealers  and  redemption centers; (c) the   collection of returned beverage  containers  by  deposit  initiators  or   distributors, including the party to whom such expense is to be charged,   the  frequency of such pick ups and the payment for refunds and handling   fees thereon; (d) the right of dealers to restrict or limit  the  number   of  containers  redeemed, the rules for redemption at the dealers' place   of business, and the redemption of containers from a beverage for  which   sales  have  been  discontinued;  (e) to issue registrations to persons,   firms or corporations which establish  redemption  centers,  subject  to   applicable  provisions  of  local and state laws, at which redeemers and   dealers may return empty beverage containers and receive payment of  the   refund  value  of  such beverage containers. Such registrations shall be   issued at no cost. Should the department require by regulations  adopted   pursuant  to  this  paragraph  that  redemption  centers  must  obtain a   registration as a condition  of  operation,  any  redemption  center  in   business  as  of  March  first,  two  thousand  thirteen that previously   provided the department with the notification  information  required  by   regulations  in effect as of such date may continue to operate as if the   department had issued such redemption center a registration required  by   regulations  adopted  under this paragraph; provided, however, that such   redemption  center  shall  provide  the  department   with   any   other   information  required by regulations adopted pursuant to this paragraph.   The department  may,  after  due  notice  and  opportunity  of  hearing,   pursuant  to  the provisions of section 71-1709 of this chapter, deny an   application or revoke a registration. In determining whether or  not  to   revoke  a  registration  the  commissioner shall at a minimum, take into   consideration the compliance history of a violator, good  faith  efforts   of  a  violator  to  comply, any economic benefit from noncompliance and   whether the violation  was  procedural  in  nature.  The  commissioner's   determination  to  revoke  a  registration  is  subject  to review under   article seventy-eight of the civil practice law and rules; and  (f)  the   operation  of  mobile  redemption centers in order to ensure that to the   best extent practicable containers are not proffered for redemption to a   deposit initiator or distributor outside of the  geographic  area  where   such deposit initiator sells containers and initiates deposits.2.  The department may require a redemption center to obtain a permit,   as an alternative to registration if such center is located at the  same   facility  or  site  as another solid waste management facility otherwise   subject to the requirements of  title  seven  of  this  article  or  the   regulations promulgated pursuant thereto.3.  No  dealer  or  distributor, as defined in section 27-1003 of this   title, shall be required to obtain a  permit  to  operate  a  redemption   center  at  the  same location as the dealer's or distributor's place of   business. Operators of such redemption centers shall receive payment  of   the refund value of each beverage container from the appropriate deposit   initiator  or  distributor  as  provided  under  section 27-1007 of this   title.4.  Each  dealer  and  redemption  center  shall  require  any  person   tendering  for redemption more than two thousand five hundred containers   at one time to such dealer or redemption center to provide such person's   name and address and the license plate of the vehicle used to  transport    the  containers,  or,  in  the  case  of  an  agent  or  employee  of  a   not-for-profit corporation,  a  sales  tax  exemption  certificate.  The   dealer or redemption center redeeming the beverage containers shall keep   the  information on file for a minimum of twelve months and provide same   to the department upon request.