[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 818 Introduced in Senate (IS)]
103d CONGRESS
1st Session
S. 818
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
April 22 (legislative day, April 19), 1993
Mr. Hatfield (for himself, Mr. Packwood, Mr. Mitchell, Mrs. Boxer, Mr.
Jeffords, Mr. Lieberman, Mr. Kennedy, Mr. Metzenbaum, Mr. Kerry, Mr.
Levin, Mr. Harkin, Mr. Leahy, and Mr. Riegle) 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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Beverage Container Reuse
and Recycling Act of 1993''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The failure to reuse and recycle empty beverage
containers represents a significant and unnecessary waste of
important national energy and material resources.
(2) The littering of empty beverage containers constitutes
a public nuisance, safety hazard, and aesthetic blight and
imposes upon public agencies, private businesses, farmers, and
landowners unnecessary costs for the collection and removal of
the containers.
(3) Solid waste resulting from the empty beverage
containers constitutes a significant and rapidly growing
proportion of municipal solid waste and increases the cost and
problems of effectively managing the disposal of the waste.
(4) It is difficult for local communities to raise the
necessary capital to initiate comprehensive recycling programs.
(5) The reuse and recycling of empty beverage containers
would help eliminate unnecessary burdens on individuals, local
governments, and the environment.
(6) Several States have previously enacted and implemented
State laws designed to protect the environment, conserve energy
and material resources, and promote resource recovery of waste
by requiring a refund value on the sale of all beverage
containers.
(7) The laws referred to in paragraph (6) have proven
inexpensive to administer and effective at reducing financial
burdens on communities by internalizing the cost of recycling
and litter control to the producers and consumers of beverages.
(8) A national system for requiring a refund value on the
sale of all beverage containers would act as a positive
incentive to individuals to clean up the environment and
would--
(A) result in a high level of reuse and recycling
of the containers; and
(B) help reduce the costs associated with solid
waste management.
(9) A national system for requiring a refund value on the
sale of all beverage containers would result in significant
energy conservation and resource recovery.
(10) The reuse and recycling of empty beverage containers
would eliminate unnecessary burdens on the Federal Government,
local and State governments, and the environment.
(11) The collection of unclaimed refunds from a national
system of beverage container recycling would provide the
resources necessary to assist comprehensive reuse and recycling
programs throughout the United States.
(12) A national system of beverage container recycling is
consistent with the intent of the Resource Conservation and
Recovery Act of 1976 (42 U.S.C. 6901 et seq.).
(13) The provisions of this Act are consistent with the
goals established by the Administrator of the Environmental
Protection Agency in January 1988. The goals include a national
goal of 25 percent source reduction and recycling by 1992,
coupled with a substantial slowing of the projected rate of
increase in waste generation by the year 2000.
SEC. 3. AMENDMENT OF SOLID WASTE DISPOSAL ACT.
(a) In General.--The Solid Waste Disposal Act is amended by adding
at the end thereof the following new subtitle:
``Subtitle K--Beverage Container Recycling
``SEC. 12001. DEFINITIONS.
As used in this subtitle:
``(1) Beverage.--The term `beverage' means beer or other
malt beverage, mineral water, soda water, wine cooler, or a
carbonated soft drink of any variety in liquid form intended
for human consumption.
``(2) Beverage container.--The term `beverage container'
means a container--
``(A) constructed of metal, glass, or plastic (or a
combination of the materials);
``(B) having a capacity of up to one gallon of
liquid; and
``(C) that is or has been sealed and used to
contain a beverage for sale in interstate commerce.
``(3) Beverage distributor.--The term `beverage
distributor' means a person who sells or offers for sale in
interstate commerce to beverage retailers beverages in beverage
containers for resale.
``(4) Beverage retailer.--The term `beverage retailer'
means a person who purchases from a beverage distributor
beverages in beverage containers for sale to a consumer or who
sells or offers to sell in commerce beverages in beverage
containers to a consumer.
``(5) Consumer.--The term `consumer' means a person who
purchases a beverage container for any use other than resale.
``(6) Refund value.--The term `refund value' means the
amount specified as the refund value of a beverage container
under section 12002.
``(7) Unbroken beverage container.--The term `unbroken
beverage container' shall include a beverage container opened
in a manner in which the container was designed to be opened. A
beverage container made of metal or plastic that is compressed
shall constitute an unbroken beverage container if the
statement of the amount of the refund value of the container is
still readable.
``(8) Wine cooler.--The term `wine cooler' means a drink
containing less than 7 percent alcohol (by volume)--
``(A) consisting of wine and plain, sparkling, or
carbonated water; and
``(B) containing a non-alcoholic beverage,
flavoring, coloring material, fruit juice, fruit
adjunct, sugar, carbon dioxide, or preservatives (or
any combination thereof).
``SEC. 12002. REQUIRED BEVERAGE CONTAINER LABELING.
``Except as otherwise provided in section 12007, no beverage
distributor or beverage retailer may sell or offer for sale in
interstate commerce a beverage in a beverage container unless there is
clearly, prominently, and securely affixed to, or printed on, the
container a statement of the refund value of the container in the
amount of 10 cents. The Administrator shall promulgate regulations
establishing uniform standards for the size and location of the refund
value statement on beverage containers. The 10 cent amount specified in
this section shall be subject to adjustment by the Administrator, as
provided in section 12008.
``SEC. 12003. ORIGINATION OF REFUND VALUE.
``For each beverage in a beverage container sold in interstate
commerce to a beverage retailer by a beverage distributor, the
distributor shall collect from the retailer the amount of the refund
value shown on the container. With respect to each beverage in a
beverage container sold in interstate commerce to a consumer by a
beverage retailer, the retailer shall collect from the consumer the
amount of the refund value shown on the container. No person other than
a person described in this section may collect a deposit on a beverage
container.
``SEC. 12004. RETURN OF REFUND VALUE.
``(a) Payment by Retailer.--If a person tenders for refund an empty
and unbroken beverage container to a beverage retailer who sells (or
has sold at any time during the 3-month period ending on the date of
tender) the same brand of beverage in the same kind and size of
container, the retailer shall promptly pay the person the amount of the
refund value stated on the container.
``(b) Payment by Distributor.--
``(1) In general.--If a person tenders for refund an empty
and unbroken beverage container to a beverage distributor who
sells (or has sold at any time during the 3-month 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 handling.
``(2) Tendering beverage containers to other persons.--This
subsection shall not preclude any person from tendering
beverage containers to persons other than beverage
distributors.
``(c) Agreements.--
``(1) In general.--Nothing in this subtitle shall preclude
agreements between distributors, retailers, or other persons to
establish centralized beverage collection centers, including
centers that act as agents of the retailers.
``(2) Agreement for crushing or bundling.--Nothing in this
subtitle shall preclude agreements between beverage retailers,
beverage distributors, or other persons for the crushing or
bundling (or both) of beverage containers.
``SEC. 12005. ACCOUNTING FOR UNCLAIMED REFUNDS AND PROVISIONS FOR STATE
RECYCLING FUNDS.
``(a) Unclaimed Refunds.--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. The total amount of unclaimed refunds received by
any State under this section shall be available to carry out pollution
prevention and recycling programs in the State.
``(b) Refunds in Excess of Collections.--If the total amount of
payments made by a beverage distributor in 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 distributor 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 dispose 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
thereof) in any landfill or other solid waste disposal facility.
``SEC. 12007. EXEMPTED STATES.
``(a) In General.--
``(1) Exemption.--Sections 12002 through 12005 and sections
12008 and 12009 shall not apply in any State that--
``(A) has adopted and implemented requirements
applicable to all beverage containers sold in the State
if the Administrator determines the requirements to be
substantially similar to the provisions of sections
12002 through 12005 and sections 12008 and 12009 of
this subtitle; or
``(B) demonstrates to the Administrator that, for
any period of 12 consecutive months following the date
of enactment of this subtitle, the State achieved a
recycling or reuse rate for beverage containers of at
least 70 percent.
``(2) Termination of exemption.--If at anytime following a
determination by the Administrator under paragraph (1)(B) that
a State has achieved a 70 percent recycling or reuse rate, the
Administrator determines that the State has failed, for any 12-
consecutive month period, to maintain at least a 70 percent
recycling or reuse rate of beverage containers, the
Administrator shall notify the State that, on the expiration of
the 90-day period following the notification, sections 12002
through 12005 and sections 12008 and 12009 shall apply with
respect to the State until a subsequent determination is made
under paragraph (1)(A) or a demonstration is made under
paragraph (1)(B).
``(b) Determination of Tax.--No State or political subdivision
thereof 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 is intended
to affect the authority of any State or political subdivision thereof--
``(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 beverage retailers,
consumers, or other persons.
``SEC. 12008. REGULATIONS.
``(a) In General.--Not later than 12 months after the date of
enactment of this subtitle, the Administrator shall prescribe
regulations to carry out this subtitle.
``(b) Beverage Retailer.--The regulations shall include a
definition of the term `beverage retailer' for any case in which
beverages in beverage containers are sold to consumers through beverage
vending machines.
``(c) Adjustment for Inflation.--The regulations shall adjust the
10 cent amount specified in section 12002 to account for inflation. The
initial adjustment shall become effective on the date that is 10 years
after the date of enactment of this subtitle, and additional
adjustments shall become effective every 10 years thereafter.
``SEC. 12009. PENALTIES.
``Any person who violates any provision of section 12002, 12003,
12004, or 12006 shall be subject to a civil penalty of not more than
$1,000 for each violation. Any person who violates any provision of
section 12005 shall be subject to a civil penalty of not more than
$10,000 for each violation.
``SEC. 12010. EFFECTIVE DATE.
``Except as provided in section 12008, this subtitle shall take
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
thereof the following new items:
``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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