N.Y. Environmental Conservation Law § 27-1013: Redemption centers

§ 27-1013. Redemption centers.

1. The commissioner is hereby empowered to promulgate rules and

regulations governing (a) the circumstances in which deposit initiators,

dealers and distributors, individually or collectively, are required to

accept the return of empty beverage containers, including beverage

containers processed through reverse vending machines and make payment

therefor; (b) the sorting of the containers which a deposit initiator or

distributor may require of dealers and redemption centers; (c) the

collection of returned beverage containers by deposit initiators or

distributors, including the party to whom such expense is to be charged,

the frequency of such pick ups and the payment for refunds and handling

fees thereon; (d) the right of dealers to restrict or limit the number

of containers redeemed, the rules for redemption at the dealers' place

of business, and the redemption of containers from a beverage for which

sales have been discontinued; (e) to issue registrations to persons,

firms or corporations which establish redemption centers, subject to

applicable provisions of local and state laws, at which redeemers and

dealers may return empty beverage containers and receive payment of the

refund value of such beverage containers. Such registrations shall be

issued at no cost. Should the department require by regulations adopted

pursuant to this paragraph that redemption centers must obtain a

registration as a condition of operation, any redemption center in

business as of March first, two thousand thirteen that previously

provided the department with the notification information required by

regulations in effect as of such date may continue to operate as if the

department had issued such redemption center a registration required by

regulations adopted under this paragraph; provided, however, that such

redemption center shall provide the department with any other

information required by regulations adopted pursuant to this paragraph.

The department may, after due notice and opportunity of hearing,

pursuant to the provisions of section 71-1709 of this chapter, deny an

application or revoke a registration. In determining whether or not to

revoke a registration the commissioner shall at a minimum, take into

consideration the compliance history of a violator, good faith efforts

of a violator to comply, any economic benefit from noncompliance and

whether the violation was procedural in nature. The commissioner's

determination to revoke a registration is subject to review under

article seventy-eight of the civil practice law and rules; and (f) the

operation of mobile redemption centers in order to ensure that to the

best extent practicable containers are not proffered for redemption to a

deposit initiator or distributor outside of the geographic area where

such deposit initiator sells containers and initiates deposits.

2. The department may require a redemption center to obtain a permit,

as an alternative to registration if such center is located at the same

facility or site as another solid waste management facility otherwise

subject to the requirements of title seven of this article or the

regulations promulgated pursuant thereto.

3. No dealer or distributor, as defined in section 27-1003 of this

title, shall be required to obtain a permit to operate a redemption

center at the same location as the dealer's or distributor's place of

business. Operators of such redemption centers shall receive payment of

the refund value of each beverage container from the appropriate deposit

initiator or distributor as provided under section 27-1007 of this

title.

4. Each dealer and redemption center shall require any person

tendering for redemption more than two thousand five hundred containers

at one time to such dealer or redemption center to provide such person's

name and address and the license plate of the vehicle used to transport

the containers, or, in the case of an agent or employee of a

not-for-profit corporation, a sales tax exemption certificate. The

dealer or redemption center redeeming the beverage containers shall keep

the information on file for a minimum of twelve months and provide same

to the department upon request.