N.Y. Environmental Conservation Law § 27-2705: Recycling program requirements

§ 27-2705. Recycling program requirements.

An at-store recycling program provided by the operator of a store

shall require:

1. a plastic carryout bag provided by the store to have printed or

displayed on the bag, in a manner visible to a consumer, the words

"PLEASE RETURN TO A PARTICIPATING STORE FOR RECYCLING". Provided,

however, such store shall be allowed for one year from the effective

date of this subdivision to use its existing stock of plastic carryout

bags. A store may also apply to the commissioner for approval of an

alternative plastic bag recycling message. The commissioner shall

approve or reject the proposed message within forty-five days;

2. a collection bin that is visible, easily accessible to the

consumer, and clearly marked that the collection bin is available for

the purpose of collecting and recycling plastic carryout bags and film

plastic. This subdivision shall apply to stores not within an enclosed

shopping mall and stores of at least fifty thousand square feet within

an enclosed shopping mall. In the case of an enclosed shopping mall, the

owner of the enclosed mall shall place bins at reasonable intervals

throughout the enclosed mall area;

3. all plastic carryout bags and film plastic collected by the store

to be collected, transported and recycled along with any other in-store

plastic recycling, except for plastic bags that are not sufficiently

free of foreign material to enter the recycling stream. Plastic carryout

bags and film plastic collected by the store or the manufacturer, which

are free of foreign material, shall not be disposed of in any solid

waste disposal facility permitted or authorized pursuant to title seven

of this article;

4. the store or its agent to maintain, for a minimum of three years,

records describing the collection, transport and recycling of plastic

carryout bags and film plastic collected by weight, provided however

that stores or its agents may weigh such bags, film plastic and any

other in-store plastic recycling at a regional collection center. Such

records shall be made available to the department upon request, to

demonstrate compliance with this title; and

5. the operator of the store to (a) make reusable bags available to

customers within the store for purchase, and (b) permit a reuseable bag

to be used in lieu of a plastic carryout bag or paper bag.