§ 27-2705 — Recycling program requirements

§ 27-2705. Recycling program requirements.\n An at-store recycling program provided by the operator of a store\nshall require:\n 1. a plastic carryout bag provided by the store to have printed or\ndisplayed on the bag, in a manner visible to a consumer, the words\n"PLEASE RETURN TO A PARTICIPATING STORE FOR RECYCLING". Provided,\nhowever, such store shall be allowed for one year from the effective\ndate of this subdivision to use its existing stock of plastic carryout\nbags. A store may also apply to the commissioner for approval of an\nalternative plastic bag recycling message. The commissioner shall\napprove or reject the proposed message within forty-five days;\n 2. a collection bin that is visible, easily accessible to the\nconsumer, and clearly marked that the collection bin is available for\nthe purpose of collecting and recycling plastic carryout bags and film\nplastic. This subdivision shall apply to stores not within an enclosed\nshopping mall and stores of at least fifty thousand square feet within\nan enclosed shopping mall. In the case of an enclosed shopping mall, the\nowner of the enclosed mall shall place bins at reasonable intervals\nthroughout the enclosed mall area;\n 3. all plastic carryout bags and film plastic collected by the store\nto be collected, transported and recycled along with any other in-store\nplastic recycling, except for plastic bags that are not sufficiently\nfree of foreign material to enter the recycling stream. Plastic carryout\nbags and film plastic collected by the store or the manufacturer, which\nare free of foreign material, shall not be disposed of in any solid\nwaste disposal facility permitted or authorized pursuant to title seven\nof this article;\n 4. the store or its agent to maintain, for a minimum of three years,\nrecords describing the collection, transport and recycling of plastic\ncarryout bags and film plastic collected by weight, provided however\nthat stores or its agents may weigh such bags, film plastic and any\nother in-store plastic recycling at a regional collection center. Such\nrecords shall be made available to the department upon request, to\ndemonstrate compliance with this title; and\n 5. the operator of the store to (a) make reusable bags available to\ncustomers within the store for purchase, and (b) permit a reuseable bag\nto be used in lieu of a plastic carryout bag or paper bag.\n