[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 870 Introduced in Senate (IS)]

  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.
    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 1995''.

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 Solid Waste Disposal Act (42 
        U.S.C. 6901 et seq.).
            (13) The provisions of this title 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 (42 U.S.C. 6901 et 
seq.) is amended by adding at the end the following:

               ``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 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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