§ 27-1013 — Redemption centers

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