[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3281 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
2d Session
S. 3281
To amend the Solid Waste Disposal Act to require recycling of beverage
containers, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 12, 2020
Mr. Merkley (for himself and Mr. Wyden) introduced the following bill;
which was read twice and referred to the Committee on Environment and
Public Works
_______________________________________________________________________
A BILL
To amend the Solid Waste Disposal Act to require recycling of beverage
containers, 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 ``Original Recycling Bottle Act of
2020''.
SEC. 2. BEVERAGE CONTAINER COLLECTION.
(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 Collection
``SEC. 12001. DEFINITIONS.
``In this subtitle:
``(1) Area.--When used in the context of space occupied by
a retailer, the term `area' means--
``(A) the number of square feet of the building or
portion of the building leased or owned by the
retailer; and
``(B) only includes retail space if--
``(i) the retail space is less than 5,000
square feet;
``(ii) the retail space occupies less than
50 percent of the leased or owned space where
retail operations are located; and
``(iii) the nonretail space is used in
whole or in part for the manufacturing of
beverages.
``(2) Beverage container.--
``(A) In general.--The term `beverage container'
means an individual, separate, and sealed glass, metal,
or plastic bottle or can (other than a carton, foil
pouch, drink box, or metal container that requires a
tool to be opened) that--
``(i) contains a beverage that is intended
for human consumption and in a quantity less
than or equal to 3 fluid liters that is--
``(I) water or flavored water;
``(II) beer or other malt
beverages;
``(III) mineral water, soda water,
or similar carbonated soft drinks;
``(IV) kombucha; or
``(V) hard seltzer; and
``(ii) does not contain--
``(I) dairy milk or plant-based
milk;
``(II) infant formula; or
``(III) any other beverage that is
exempted by a rule of the
Administrator.
``(B) Exclusion.--The term `beverage container'
does not include a container that contains infant
formula intended solely for infant feeding.
``(3) Category of beverage.--The term `category of
beverage' means one of the following categories of beverage in
a beverage container:
``(A) Water.
``(B) Carbonated soft drinks.
``(C) All other non-alcoholic beverages (excluding
dairy milk and plant-based milk, infant formula, and
liquid meal replacements).
``(D) Alcoholic beverages.
``(E) Beverages containing marijuana or hemp.
``(4) Dairy milk.--
``(A) In general.--The term `dairy milk' means a
beverage that consists of only dairy milk, flavorings,
or nutritional additives.
``(B) Inclusions.--The term `dairy milk' includes
flavored milk beverages, such as chocolate milk and
lactose free milk.
``(C) Exclusions.--The term `dairy milk' does not
include kefir, drinkable yogurt, buttermilk, smoothies,
shakes, a beverage that is primarily milk but includes
other ingredients such as fruit, or a beverage that is
primarily milk but is marketed as a beverage other than
milk, such as a smoothie or shake.
``(5) Distributor.--The term `distributor' means a person
who engages in the sale of beverages in beverage containers to
a retailer, including any manufacturer who engages in those
sales.
``(6) Convenience zone.--The term `convenience zone' means
a convenience zone specified by the Administrator under section
12002(e)(1)(A).
``(7) Hard seltzer.--The term `hard seltzer' means a sugar-
based alcoholic beverage that contains carbonated water or any
malt-based alcoholic beverage that contains carbonated water
and is not a malt beverage.
``(8) Importer.--The term `importer' means any retailer or
manufacturer who directly imports into the United States
beverage containers.
``(9) Kombucha.--The term `kombucha' means a fermented
beverage that is made from tea and does not contain more than
21 percent alcohol by volume.
``(10) Liquid meal replacement.--The term `liquid meal
replacement' means a ready-to-drink liquid with caloric and
nutritional value intended to replace a regular meal.
``(11) Manufacturer.--The term `manufacturer' means a
person bottling, canning, or otherwise filling beverage
containers for sale to distributors, importers, or retailers.
``(12) Plant-based milk.--
``(A) In general.--The term `plant-based milk'
means a beverage consisting primarily of liquid
extracted from nuts, grains, legumes, or seeds and
flavorings or nutritional additives.
``(B) Exclusions.--The term `plant-based milk' does
not include kefir, drinkable yogurt, smoothies, shakes,
coconut water, a beverage that is primarily plant-based
milk but includes other ingredients such as fruit, or a
beverage that is primarily plant-based milk but is
marketed as a beverage other than a plant-based milk,
such as a smoothie or shake.
``(13) Recovery rate.--The term `recovery rate' means the
quantity of beverage containers collected divided by the
quantity of beverage containers produced, expressed as a
percentage.
``(14) Redemption center.--The term `redemption center'
means a redemption center described in section 12002(d).
``(15) Retailer.--The term `retailer' means a person that
sells or offers for sale beverages in beverage containers to a
consumer.
``(16) Return rate.--The term `return rate' means the
number of beverage containers returned for the refund value in
accordance with section 12003(e) during a calendar year and the
number of beverage containers that carry a refund value sold
during that calendar year, calculated separately.
``(17) Wine.--
``(A) In general.--The term `wine' means a
fermented vinous liquor or fruit juice, or other
fermented beverage fit for beverage purposes that is
not a malt beverage, containing more than 0.5 percent
alcohol by volume and not more than 21 percent alcohol
by volume.
``(B) Inclusions.--The term `wine' includes
fortified wine, cider more than 8.5 percent alcohol by
volume, and mead.
``(C) Exclusions.--The term `wine' does not include
cider that is not more than 8.5 percent alcohol by
volume, hard seltzer, or kombucha.
``SEC. 12002. BEVERAGE CONTAINER RECOVERY PROGRAMS.
``(a) In General.--Subject to subsection (b), not later than 5
years after the date of enactment of this subtitle--
``(1) every beverage container sold or offered for sale by
a retailer shall clearly indicate by embossing, a stamp, a
label, or other method securely affixed to the beverage
container, the refund value of the container;
``(2) each retailer shall pay distributors the refund value
for each beverage container delivered;
``(3) on the sale of each beverage container by a retailer,
the retailer may collect a refund value in accordance with
section 12003(e);
``(4) on return of the beverage container to a retailer or
a redemption center by a person, the retailer or redemption
center, as applicable, shall repay a refund value to the
person;
``(5) retailers that are participating in a redemption
center in accordance with subsection (d) shall collectively pay
not less than 50 percent of the cost of operating the
redemption center, which amount shall be apportioned among the
retailers based on the total volume of beverage containers sold
by each retailer;
``(6) a distributor that is a member of a distributor
cooperative under subsection (c) shall retrieve containers from
retailers or redemption centers and pay refunds through the
distributor cooperative in accordance with that subsection;
``(7) a distributor that is not a member of a distributor
cooperative under subsection (c) shall--
``(A) in a timely manner and consistent with
commercial best practices, collect beverage containers
that--
``(i) the distributor distributes to a
retailer; and
``(ii) the retailer or an applicable
redemption center has collected from consumers;
and
``(B) on receipt of each beverage container under
subparagraph (A), pay the retailer or the redemption
center, as applicable, the refund value; and
``(8) by June 1 of each calendar year, a distributor or
importer shall provide to the Administrator a report that lists
the beverage container return data for the previous calendar
year of the distributor or importer, calculated separately for
glass, metal, and plastic beverage containers.
``(b) Exception for States With Existing Programs.--
``(1) In general.--A State that has in effect a beverage
container recovery program the requirements of which are
substantially similar to, or more stringent than, the
requirements of this section may submit to the Administrator a
request to waive the applicability of this section in that
State.
``(2) Requirement.--The Administrator may approve a waiver
under paragraph (1) if the State demonstrates that the beverage
container recovery rate for the program in that State is more
than 75 percent.
``(c) Distributor Cooperatives.--
``(1) In general.--The Administrator may approve the
formation of a distributor cooperative by 2 or more
distributors or importers for the purposes of--
``(A) collecting the refund value of beverage
containers specified from distributors or importers and
refunding to retailers the amount the retailers paid
for the refund value of empty beverage containers;
``(B) paying the refund value for beverage
containers redeemed; and
``(C) processing beverage containers.
``(2) Applications.--
``(A) In general.--Applications to become a
distributor cooperative described in paragraph (1)
shall be submitted to the Administrator.
``(B) Contents.--An application under subparagraph
(A) shall include--
``(i) evidence of consultation with
stakeholders prior to submitting the
application for approval;
``(ii) assurances that--
``(I) the distributor cooperative
will provide an opportunity for
stakeholder input in the implementation
and operation of the activities
described in paragraph (1);
``(II) distributors will pay the
costs of collecting and managing
beverage containers;
``(III) reasonable and free
consumer access to collection
facilities or collection services will
be provided;
``(IV) the distributer cooperative
will make consumers aware of--
``(aa) the activities
described in paragraph (1);
``(bb) the location of
collection facilities or the
availability of collection
services; and
``(cc) how to manage
beverage containers in a safe
manner;
``(V) the distributor cooperative
will have the ability to track the
return rate, the management of costs
incurred by the program, and the
management of environmental impacts of
the program; and
``(VI) the distributor cooperative
will have a dispute resolution
procedure for disputes that arise
during implementation of the activities
under paragraph (1); and
``(iii) such other information as the
Administrator may require.
``(3) Considerations.--In deciding whether to approve an
application under paragraph (2), the Administrator may consider
any of the following:
``(A) The population and geographical area of the
markets in which the distributor cooperative operates.
``(B) The quantity of beverage containers that
distributors expect will be used in a commercial
enterprise, sold, offered for sale, or distributed each
year.
``(C) The quantity of beverage containers that the
distributor cooperative expects to collect each year.
``(D) The size of the population intended to be
served by collection facilities or collection services
of the distributor cooperative.
``(E) The provision of convenient options for the
collection of beverage containers in urban centers and
small, isolated communities, and for persons with
disabilities or who have no access to transportation.
``(F) The manner, kind, and quantity of advertising
and consumer education planned by the distributor to
inform consumers of--
``(i) the location and operation of
collection facilities;
``(ii) the availability of collection
services; and
``(iii) the environmental and economic
benefits of participating in the activities
under paragraph (1).
``(G) The methods of beverage container collection,
storage, transportation, and management.
``(H) Distributor cooperatives in the same
geographical area.
``(I) The structure of financial and operational
cooperation with 2 or more distributors or importers.
``(4) Requirements.--A distributor cooperative under
paragraph (1) shall--
``(A) outline a plan to achieve, or to be capable
of achieving by a reasonable date, which shall be not
later than 2 years after the date of enactment of this
subtitle--
``(i) a 75 percent recovery rate or any
performance measures, performance requirements,
or targets established by the Administrator;
and
``(ii) any performance measures,
performance requirements, or targets in the
plan; and
``(B) submit the plan described in subparagraph (A)
and such additional documentation as the Administrator
determines to be necessary with each report provided to
the Administrator under paragraph (9).
``(5) Compliance.--
``(A) In general.--Not later than 2 years after the
date of enactment of this subtitle, each distributor
and distributor cooperative shall achieve the
applicable target recovery rates established under
paragraph (4)(A)(i).
``(B) Noncompliance.--If a distributor or
distributor cooperative does not achieve an applicable
target recovery rate in accordance with subparagraph
(A), the distributor or distributor cooperative shall--
``(i) submit to the Administrator a plan to
achieve the applicable target recovery rate;
and
``(ii) forfeit to the Administrator the
amount of any unredeemed beverage container
deposits received by the distributor or
distributor cooperative.
``(C) Use of forfeited amounts.--The Administrator
shall use amounts forfeited under subparagraph (B)(ii)
for marketing and outreach relating to the program
under this subtitle.
``(6) Multiple organizations.--A distributor may
participate in more than 1 distributor cooperative only if each
distributor cooperative is established for a different category
of beverage containers or geographic area.
``(7) Participation fees.--
``(A) In general.--A distributor cooperative may
charge each distributor fees for membership that
include, with respect to a distributor, the costs of
collecting or cleaning up the beverage containers of
the distributor.
``(B) Considerations.--In determining the costs of
collection and cleanup described in subparagraph (A),
the distributor cooperative shall take into account--
``(i) the cost to properly manage the
applicable category of beverage container
waste; and
``(ii) the environmental benefits of
beverage containers that--
``(I) are specifically designed to
be reusable or refillable; and
``(II) have a high reuse or refill
rate.
``(8) Revocation.--The Administrator may revoke the
approval of a distributor cooperative for continued or
persistent noncompliance with the requirements of this
subtitle.
``(9) Reports.--Not later than July 1 of each calendar
year, a distributor cooperative shall provide to the
Administrator a report that lists, in aggregate form for all
distributors and importers that participate in the distributor
cooperative, the fee structure, and the beverage container
return data for the previous calendar year, calculated
separately for glass, metal, and plastic beverage containers.
``(d) Redemption Centers.--
``(1) In general.--The Administrator shall approve a
redemption center if the Administrator determines that the
redemption center will provide a convenient service to
consumers for the return of empty beverage containers.
``(2) Requirements.--A redemption center shall--
``(A) be staffed and open--
``(i) each day; and
``(ii) not less than 10 hours each day;
``(B) accept--
``(i) any beverage container; and
``(ii) not less than 350 beverage
containers per person per day;
``(C) provide--
``(i) hand counts by staff of the facility;
``(ii) a drop door for consumers who are
bottle drop account holders to drop off bags of
beverage containers for staff of the facility
to count for a fee; or
``(iii) any other convenient means of
receiving beverage containers, as determined by
the Administrator; and
``(D) be sited in a conveniently accessible
commercial zone, unless the Administrator determines
that another location provides substantially equivalent
service for consumers.
``(3) Factors.--In determining whether to approve a
redemption center under paragraph (1), the Administrator shall
consider--
``(A)(i) the location of the redemption center; and
``(ii) if the redemption center is not located in a
commercial zone, whether the location will have similar
return convenience for consumers as a commercial zone
location;
``(B) the category of beverage containers accepted
at the redemption center;
``(C) retailers occupying 5,000 or more square feet
within a redemption center zone that will be served by
the redemption center and the distance of the retailers
from the redemption center;
``(D) retailers occupying 5,000 or more square feet
within a redemption center zone that will not be served
by the redemption center and the distance of the
retailers from the redemption center;
``(E) days and hours of operation of the redemption
center;
``(F) parking facilities serving the redemption
center;
``(G) evidence showing that the redemption center
meets all applicable local ordinances and zoning
requirements;
``(H) the limitation, if any, on the number of
beverage containers per person per day that the
redemption center will accept;
``(I) 1 or more payment methods offered by the
redemption center for redeemed beverage containers;
``(J) the projected volume of beverage container
returns at the redemption center as compared to the
actual returns at the retailers to be served by the
redemption center;
``(K) a description of how consumers will be
notified of the location, services, and service hours
of the redemption center; and
``(L) any other relevant factor that the
Administrator determines to be fundamental to the
operation of a redemption center.
``(4) Applications.--
``(A) In general.--Any person desiring approval of
a redemption center shall submit an application to the
Administrator.
``(B) Contents.--An application under subparagraph
(A) shall include--
``(i) the name and address of each person
to be responsible for the establishment and
operation of the redemption center;
``(ii) the exact location and mailing
address of the redemption center;
``(iii) the category of beverage containers
that will be accepted at the redemption center;
``(iv) the names and addresses of the
retailers occupying 5,000 or more square feet
within a redemption center zone that will be
served by the redemption center;
``(v) the names and addresses of the
retailers occupying 5,000 or more square feet
within a redemption center zone that will not
be served by the redemption center;
``(vi) the distances from the redemption
center to the retailers occupying 5,000 or more
square feet within a redemption center zone
that will be served;
``(vii) the distances from the redemption
center to retailers occupying 5,000 or more
square feet within a redemption center zone
that will not be served;
``(viii) the days and hours of operation of
the redemption center;
``(ix) a description of parking facilities
to serve the redemption center;
``(x) evidence showing that a redemption
center meets the zoning requirements and other
applicable State and local ordinances of the
regulating jurisdiction;
``(xi) the limitation, if any, on the
number of beverage containers per person per
day that will be accepted at the redemption
center;
``(xii) the 1 or more payment methods for
redeemed beverage containers;
``(xiii) the projected volume of beverage
container returns at the redemption center as
compared to the actual returns at the retailers
to be served by the redemption center;
``(xiv) a description of how consumers will
be notified of the location, services, and
service hours of the redemption center; and
``(xv) such additional information as the
Administrator may require.
``(5) Annual registration.--
``(A) In general.--The 1 or more persons
responsible for the operation of a redemption center
approved by the Administrator under paragraph (1) shall
register the redemption center with the Administrator
and pay the fee determined by the Administrator not
later than July 1 of each calendar year, which
registration shall be in effect for the next calendar
year.
``(B) Contents.--A registration under subparagraph
(A)--
``(i) shall be on a form provided by the
Administrator; and
``(ii) shall contain, at a minimum--
``(I) a list and exact address of
each redemption center that the person
is responsible for operating during the
next calendar year;
``(II) the fee for each redemption
center that the person is responsible
for operating during the next calendar
year; and
``(III) such additional information
as may be required by the
Administrator.
``(C) Withdrawal of approval.--
``(i) In general.--The Administrator shall
withdraw approval of a redemption center if a
person responsible for operating the redemption
center fails to submit the required information
or pay the required fee by July 1 of each
calendar year in accordance with subparagraph
(A).
``(ii) Cessation of operations.--On
withdraw of approval of a redemption center
under clause (i), the redemption center shall
cease all operations until the person
responsible for operating the redemption center
submits the required information or required
fee to the Administrator.
``(6) Standards of cleanliness for redemption centers.--All
persons responsible for the establishment and operation of the
redemption center shall at all times use commercially
reasonable practices to keep the redemption center premises,
including the parking facilities serving the redemption center,
in accordance with applicable law, in good repair, painted,
clean, well-lighted, free of litter and trash, and free of
rodents, vermin, infestations of insects, and their harborages
or breeding places.
``(e) Retailers Within Convenience Zones.--
``(1) In general.--
``(A) In general.--For each redemption center, the
Administrator shall specify not less than 1 and not
more than 2 convenience zones.
``(B) Determination.--The area of each convenience
zone shall be an area surrounding the redemption center
that is based, to the maximum extent practicable, on
the proposal submitted as part of an application for
approval of a redemption center under subsection
(d)(1).
``(C) Guidelines.--The Administrator shall
establish guidelines for determining the surface area
sizes of convenience zones.
``(D) Location.--If the Administrator specifies a
second convenience zone for a redemption center under
subparagraph (A), any point along the interior border
of the second convenience zone shall be not closer to
the redemption center than the exterior border of the
first convenience zone.
``(2) Eligibility.--Any retailer doing business within a
convenience zone that occupies a space of not less than 5,000
square feet in a single area may participate in, be served by,
and be charged the cost of participation in the redemption
center in accordance with subsection (a)(5).
``(3) Participating retailers.--
``(A) First convenience zone.--A retailer described
in paragraph (2) within the first convenience zone that
participates in, is served by, and pays the cost of
participation in the redemption center may refuse to
accept and to pay the refund value of empty beverage
containers.
``(B) Second convenience zone.--A retailer
described in paragraph (2) within the second
convenience zone, if any, that participates in, is
served by, and pays the cost of participation in the
redemption center may refuse to accept and to pay the
refund value of more than 24 individual empty beverage
containers returned by any 1 person during any 1 day.
``(4) Small retailers.--Any retailer doing business within
a convenience zone that occupies a space of less than 5,000
square feet in a single area may refuse to accept and to pay
the refund value of more than 24 individual empty beverage
containers returned by any 1 person during any 1 day.
``(5) Nonparticipating retailers.--
``(A) In general.--Except as provided in
subparagraph (B), any retailer doing business within a
convenience zone that occupies a space of not less than
5,000 square feet in a single area and does not
participate in and is not served by a redemption
center--
``(i) may refuse to accept and to pay the
refund value of more than 350 individual empty
beverage containers returned by any 1 person
during any 1 day; and
``(ii) shall, beginning on the date on
which the redemption center begins accepting
beverage containers--
``(I) provide services equivalent
to the services provided by the
redemption center, including hand
counting and drop off service;
``(II) post in each area where
beverage containers are received a
clearly visible and legible sign that
contains the list of services that
shall be provided by the retailer under
this subparagraph; and
``(III) provide not less than the
greater of--
``(aa) 2 automated reverse
vending machines capable of
processing metal, plastic, and
glass beverage containers; and
``(bb) 1 automated reverse
vending machine described in
item (aa) for each 500,000
beverage containers sold by the
retailer in the previous
calendar year.
``(B) Exception.--
``(i) In general.--Subject to clause (ii),
subparagraph (A) shall not apply to a retailer
described in that subparagraph that sold fewer
than 100,000 beverage containers during the
previous calendar year.
``(ii) Submission.--To be eligible for an
exemption under clause (i), a retailer shall
submit to the Administrator an application
describing the number of beverage containers
sold by the retailer during the previous
calendar year.
``SEC. 12003. ACCEPTANCE AND RETRIEVAL REQUIREMENTS.
``(a) In General.--Except as provided in subsection (c)--
``(1) a retailer or redemption center may not--
``(A) refuse to accept from any person any beverage
container described in subsection (b); or
``(B) refuse to pay in cash the refund value of a
returned beverage container; and
``(2) a distributor may not refuse to retrieve from a
retailer or redemption center any beverage container that--
``(A) has been returned to the retailer or
redemption center in accordance with this subtitle; and
``(B) is of the category of beverage container,
brand of beverage container, and size of beverage
container distributed by the distributor.
``(b) Beverage Container Requirements.--To be eligible for a refund
under this subtitle, a beverage container--
``(1) in the case of a refund provided by a retailer, shall
be the category of beverage sold by the retailer; and
``(2) shall not--
``(A) visibly contain or be contaminated by a
substance other than water, residue of the original
contents, or ordinary dust; or
``(B) be damaged to the extent that the brand
appearing on the container cannot be identified.
``(c) Refusal.--
``(1) In general.--A retailer or redemption center may
refuse to accept from a person a beverage container if--
``(A) the retailer or redemption center has
reasonable grounds to believe that--
``(i) the beverage container was obtained
from or through a distributor without paying
the refund value; or
``(ii) the beverage container has already
been redeemed, such as through a reverse
vending process; or
``(B) in the case of a retailer that is not within
a convenience zone--
``(i) the beverage container exceeds an
applicable limitation described in paragraph
(2); and
``(ii) the retailer posts a clearly visible
and legible sign describing the applicable
limitation described in paragraph (2).
``(2) Limitations.--A retailer described in paragraph
(1)(B) may refuse to accept under that paragraph--
``(A) more than 144 individual beverage containers
returned by any 1 person during any 1 day, if the
retailer occupies a space of 5,000 or more square feet
in a single area;
``(B) more than 50 individual beverage containers
returned by any 1 person during any 1 day, if the
retailer occupies a space of less than 5,000 square
feet in a single area; or
``(C) a beverage container if the retailer has not
offered that category of beverage container for sale
within the 180-day period preceding the attempted
return.
``(d) Notice.--Any requirements established under subsections (b)
and (c) shall be posted in each area where beverage containers are
received on a clearly visible and legible sign.
``(e) Refund Value.--The refund value for a beverage container
shall be not less than 10 cents for each beverage container.
``SEC. 12004. ADMINISTRATION.
``(a) In General.--The Administrator shall ensure that--
``(1) consumers are able to return redeemable beverage
containers to retailers or redemption centers; and
``(2) redemption centers and retailers are able to return
beverage containers to distributors and distributor
cooperatives.
``(b) Regulations.--
``(1) In general.--Not later than 2 years after the date of
enactment of this subtitle, the Administrator shall promulgate
regulations to carry out this subtitle.
``(2) Review required.--In promulgating or revising
regulations pursuant to paragraph (1), the Administrator
shall--
``(A) review the minimum refund value established
under section 12003(e) not less frequently than once
every 5 years; and
``(B) revise that value as the Administrator
determines to be appropriate.
``(c) Accounting.--
``(1) In general.--Not later than August 1 of each calendar
year, using the beverage container return data provided in
section 12002(a)(8), the Administrator shall--
``(A) calculate for the previous calendar year the
percentage of beverage containers returned for the
refund value specified by material type; and
``(B) post the percentages on the website of the
Environmental Protection Agency.
``(2) Requirements.--The Administrator shall calculate
return data under paragraph (1)--
``(A) for each distributor cooperative;
``(B) for each distributor or importer that does
not participate in a distributor cooperative; and
``(C) for all distributors and importers.
``(d) Nondisclosure.--
``(1) In general.--Except for the percentages described in
subsection (c), in a proceeding for a violation of subsection
(f), or as provided in paragraph (2), the Administrator may not
disclose any information provided by a distributor, an
importer, or a distributor cooperative under section
12002(a)(8).
``(2) Exception.--The Administrator may release aggregate
data of information described in paragraph (1) in such a manner
that does not reveal the sales of any individual distributor.
``(e) Audit.--
``(1) In general.--Not later than 180 days after the date
on which the Administrator receives a report required under
section 12002(a)(8), the Administrator may review or audit the
records of, as applicable, each reporting distributor
cooperative or each reporting distributor or importer that does
not participate in a distributor cooperative.
``(2) Independent audit.--If in the course of a review
described in paragraph (1) the Administrator determines that an
audit of a distributor cooperative, distributor, or importer is
necessary, the Administrator shall require the distributor
cooperative, distributor, or importer to retain an independent
financial audit firm to determine the accuracy of information
contained in the report required under section 12002(a)(8).
``(3) Costs.--The distributor cooperative, distributor, or
importer that is the subject of review under this subsection
shall pay the costs of an audit under paragraph (2).
``(4) Limitation.--An audit under paragraph (2) shall be
limited to the records described in section 12002(a)(8).
``(f) Enforcement.--
``(1) Prohibition.--It shall be unlawful for any person
that is a distributor, distributor cooperative, manufacturer,
importer, retailer, or redemption center--
``(A) to sell, use, import into the United States,
or distribute any beverage container in commerce except
in compliance with this subtitle; or
``(B) to fail to comply with this subtitle.
``(2) Civil penalty.--Any person that violates paragraph
(1) shall be subject to a fine in the amount of $500 for each
violation.
``(3) Separate violations.--Each day on which a person
violates paragraph (1) shall be considered a separate
violation.''.
(b) Conforming Amendment.--The table of contents of the Solid Waste
Disposal Act (42 U.S.C. 6901 note) is amended by adding at the end the
following:
``Subtitle K--Beverage Container Collection
``Sec. 12001. Definitions.
``Sec. 12002. Beverage container recovery programs.
``Sec. 12003. Acceptance and retrieval requirements.
``Sec. 12004. Administration.''.
<all>