Iowa DNR

IOWA BOTTLE BILL COALITION

Redemption Centers working for Iowa

http://www.iowadnr.com/waste/recycling/files/rcgrant_winners.pdf

Click on the above link to find out your grant amount directly from the DNR website.

Congratulations Redemption Centers! Those of you receiving this e-mail have been awarded a state grant for the improvement of your businesses according to the proposals you made in your applications. That is the good news.

The not-so-good news is that the total amount of eligible funding requests far exceeded the money the legislature made available. We used a third party Applications Evaluations Committee which met for 3 hours on Oct. 15 and for nearly that long on Oct. 21. They left us with recommendations for about 93 awards that still totaled a good deal more than what we had. According to the Committee's directions, we re-examined several dozen applications for incremental reductions. It took a couple days to work through those adjustments, and we were still more than $136,000 short, so across-the-board discount percentages were applied. Here are the general considerations –

    ·         Because staffing and payroll were given secondary priority in the Administrative Rules, all requests for just that were struck.

·         So many of the proposals were for very basic building and equipment improvements, so emphasis was on enabling people to keep a roof over their heads and their fundamental operations running. As a result, despite the merits, proposals for paint were struck where those costs could be determined.

·         The Committee came to look closely about the 20 or 30 applications that had requests for purchasing various mobile equipment improvements – trucks, skip loaders, forklifts, etc. – again despite their merits, proposals to purchase new machines were cut by 50%, and purchases of used machines were cut 25%.

·         To finally resolve the $136,000+ shortfall, all eligible proposals were cut such that those that indicated they would provide a Cash Match were discounted about 10% and those that did not indicate a Cash Match were discounted a bit over 15%; those that had mobile equipment proposals were discounted a little less for already having been adjusted down.

It is a bad deal to have waited so long and not get all that you were hoping for. As you can see, this was not an easy process, and I apologize for all mistakes and flaws in the final results. Each of you will be sent by postal mail an Award Letter with materials and instructions on how to go about getting the money into your hands. Thank you for your patience and good strong efforts.

                                    --Bill Blum, Iowa Dept. of Natural Resources, Land Quality Bureau

The grant program has been released for applications.

http://www.iowadnr.com/waste/policy/rc_grants.html

Rule Revision Information:
IAC 567-Chapter 107, Redemption Center Grants Program
A bill was passed and signed into law at the end of the 2008 State Legislative Session creating a program to award grants for improvements to independent beverage container redemption centers that were in existence prior to July 1, 2008.
The legislature appropriated $1 million to fund the program, and no grant can exceed $15,000. The new statute directs the Department of Natural Resources (DNR) to administer the program.
Accordingly, the DNR is drafting formal Administrative Rules so that clear criteria and procedures are in place to make the application process as simple as possible and the awarding of grants fair. It is the DNR’s intent to make awards as soon as possible. The Administrative Rules process, however, can take up to four months to complete. Given that, the DNR intends to have grant applications ready to mail to redemption centers by early October 2008.
Important Updates:
The DNR will now be accepting applications from independent redemption centers seeking funds from the Independent Redemption Center Grants Program.
The application deadline is October 3, 2008, and grants will be determined by October 17, 2008. Grant applicants should address the goals of sustainability, convenience and/or accessibility.
Redemption Center Grants Program:

Memo to Iowa Stakeholders
Notice of Intended Action
Grant Application

Word Document
PDF Document

DNR Contact
Bill Blum
(515)281-8176
Bill.Blum@dnr.iowa.gov

___________________________________________________________________________

___________________________________________________________________________

Once again, paper copies of the attached Memo have gone out in the conventional mail to all of the Beverage Container Redemption Centers for which we have contact information. Please recall that your three organizations – the Iowa Recycling Association, the Iowa Bottle Bill Coalition, and the League of Women Voters – are all cited on the Memo’s ‘CC:’ line because you-all have been seen as having expressed interest in the on-going viability of the Redemption Centers, and also as having memberships to whom you would be able to extend our distribution reach for these Memos.

Let me also take this opportunity to ask each of your organizations to consider providing a representative to assist us in the evaluation of the grant applications we anticipate receiving from Redemption Centers after the Administrative Rules become effective in a couple months. We expect that requests for grant funds will exceed the amount of money available. This means that the processes and procedures for awarding grants need to be particularly reasonable and impartial so applicants whose requests are not met have confidence the Program is fair. Having a third-party Application Evaluation Committee will be important for that objective. In the coming days, we will be sending your organizations a more formal invitation for someone to serve on that committee.

            Please contact me if you have any questions about the Memo or the Redemption Centers Grants Program. And please do forward this on to your memberships so that we can notify as many potential grant applicants as we can. Thank you.

                        --Bill Blum, Iowa DNR Land Quality Bureau

Memo

To:

Beverage Container Redemption Centers

From:

Bill Blum, IDNR Land Quality Bureau

CC:

Al Goldberg, Jim Bodensteiner, Sharon Tahtinen, Angie Clark,

Iowa Recycling Association, Iowa Bottle Bill Coalition, Iowa League of Women Voters

Date:

July 22, 2008

Subject:

Grants Program for Independent Redemption Centers - UPDATE

You will recall from our previous June 26, 2008 Memo that the DNR was to draft formal Administrative Rules to establish criteria and procedures for the grant application process and the awarding of grants. Beginning on the next page then, is a copy of the “Notice of Intended Action” (NOIA) that features the proposed Rules.

The NOIA is due to be published in the Iowa Administrative Bulletin on July 30, 2008, which triggers the official 20-day public comment period. Note those parts of the NOIA, highlighted in gray, that describe how public comments are to be made, including especially the public hearing scheduled for August 19, 2008, at 2:00 p.m. in the Fifth floor West Conference Room of the Wallace State Office Building, 502 East Ninth Street, in Des Moines.

In addition to the official public comment period, we are offering the opportunity for you to provide your input on the proposed Rules starting as soon as you get this Memo. In any event, please follow those highlighted guidelines stated in the NOIA.

It remains the DNR’s intent to make awards as soon as we can. As the NOIA indicates, the Administrative Rules process takes time. Still, we intend to have grant applications ready to mail to redemption centers by early October.

If you have questions, please contact me at (515) 281-8176, e-mail address - bill.blum@dnr.iowa.gov. If you have access to the Internet, you should be able to monitor the status of the Grants Program at http://www.iowadnr.com/waste/recycling/bottle.html.

ARC 7038B

ENVIRONMENTAL PROTECTION COMMISSION[567]

Notice of Intended Action

Twenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(1)"b."

Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under section 17A.8(6) at a regular or special meeting where the public or interested persons may be heard.

Pursuant to the authority of Iowa Code section 455C.9, the Environmental Protection Commission hereby gives Notice of Intended Action to amend Chapter 107, “Beverage Container Deposits,” Iowa Administrative Code.

This amendment is being proposed to establish criteria for awarding grants to independent redemption centers for making improvements to such centers. The grant program is the result of recently passed legislation, 2008 Iowa Acts, House File 2700, sections 78 and 88, that dedicates $1 million from the general fund of the state to an independent redemption center grant fund for improvements to independent redemption centers in existence prior to July 1, 2008. Up to 3.5 percent of the fund can be used to pay administrative costs relating to the management of the grant program.

Any interested person may make written suggestions or comments pertaining to the proposed amendment on or before 4:30 p.m. on August 19, 2008. Such written materials should be directed to Bill Blum, Land Quality Bureau, Iowa Department of Natural Resources, 502 East 9th Street, Wallace State Office Building, Des Moines, Iowa 50319-0034; fax (515)281-8895; or E-mail bill.blum@dnr.iowa.gov. Persons wishing to convey their views orally should contact Bill Blum by telephone at (515)281-8176.

When submitting comments, stakeholders are encouraged by the Department to utilize the following guidelines. These guidelines aid the Department in accurately understanding and creating a record of your input.

1. Include your mailing address and contact information.

2. Please state if you are submitting comments on behalf of a business or organization or as an individual.

3. Cite the specific rule(s) on which you are commenting.

4. Explain your views as clearly as possible by describing any assumptions, data, or technical information you utilized.

5. Provide specific examples to illustrate your concerns.

6. Offer alternative language to improve the specific rule(s) and explain why.

A public hearing will be held on August 19, 2008, at 2 p.m. in the Fifth Floor West Conference Room of the Wallace State Office Building, 502 East Ninth Street, Des Moines, at which time persons may present their views either orally or in writing. At the hearing, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of the amendment.

Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Department of Natural Resources to advise of specific needs.

It is the current intent of the Department to file the final rule making as an Adopted and Filed Emergency After Notice in compliance with Iowa Code section 17A.5(2)“b”(2).

This amendment is intended to implement 2008 Iowa Acts, House File 2700, sections 78 and 88.

The following amendment is proposed.

Adopt the following new rule 567—107.16(82GA,HF2700):

567—107.16(82GA,HF2700) Independent redemption center grant program. An independent redemption center grant program is established in the department, with funds provided from the independent redemption center grant fund established in the state treasury and under the authority of the natural resources department. The purpose of the program is to award grants for improvements to independent redemption centers. No grant shall exceed $15,000 for any redemption center. The department shall issue awards in accordance with the availability of moneys in the independent redemption center grant fund.

107.16(1) Goals. The goals of the program are to enable independent redemption centers to become more:

a. Sustainable. This goal includes measures that help independent redemption centers continue to operate and succeed. Such measures include, but are not limited to, physical improvements to sites owned by independent redemption centers or equipment purchases that can help reduce operational costs.

b. Convenient. This goal includes measures that help independent redemption centers better serve customers.

c. Accessible. This goal includes measures that enable customers to more easily use independent redemption centers’ services.

107.16(2) Application. The department shall develop an application for redemption centers to complete and submit to the department in order to apply for a grant under this program. The application shall include, but not be limited to:

a. An explanation of how the grant will enable the redemption center to become more sustainable, convenient or accessible.

b. A statement and substantiation of the specific amount of grant funds that will be expended to pay for the improvement or improvements.

c. If the applicant’s beverage container redemption function is one part of a business enterprise that includes one or more other commercial activities that are not beverage container redemption, a clear explanation must be provided as to how the proposed grant-funded improvement or improvements will be implemented exclusively for the beverage container redemption function.

107.16(3) Eligibility. To be eligible for the independent redemption center grant program, a redemption center must meet both of the following criteria:

a. Have no affiliation with or in any way be a subsidiary of a dealer, a distributor, or a manufacturer.

b. Have been in business prior to July 1, 2008. A redemption center registered with the department as an approved redemption center, unapproved redemption center, redemption center for a dealer or registered redemption center prior to July 1, 2008, meets this criterion. A redemption center that was not registered with the department prior to July 1, 2008, must provide documentation that the redemption center was in business prior to July 1, 2008.

107.16(4) Evaluation of applications. The department will evaluate all eligible grant applications submitted in the manner prescribed in the application. The applications will be evaluated based on their compatibility with the goals of the program.

a. Physical improvements to a site owned by an independent redemption center or equipment purchases that will improve the sustainability, convenience, or accessibility of a redemption center will receive highest consideration. Although a cash match is not required, applications that include statements of cash match will be evaluated more favorably.

b. Labor costs associated with improving the sustainability, convenience or accessibility of a redemption center will receive secondary consideration.

c. Direct cash payments for general compensation will not be considered.

107.16(5) Grant denial. An application may be denied for reasons that include, but are not limited to, the following:

a. The applicant does not meet the eligibility requirements set forth in subrule 107.16(3).

b. The applicant does not provide sufficient information requested for the application proposal.

c. The project is not consistent with the goals of the program.

d. Funds are insufficient to award financial assistance to all qualified applicants.

e. The applicant has not met contractual obligations of previous grant awards.

f. The department received the application after the deadline stated in the application.

107.16(6) Grant contracts, reporting and accountability. Each grant awarded under this program shall be conveyed by means of a contract with each grantee. The department shall develop and provide the form of the grant contracts, which shall include, at a minimum:

a. A description and explanation of the improvement or improvements being funded, including a statement of cash match, if any, that will be expended by the grantee.

b. The dollar amount of the grant award and the manner in which funds will be transferred.

c. The requirement for the grantee to submit to the department a report following the implementation of the funded improvement or improvements. The report shall state how the grant funds, and cash match, if any, were expended in the execution of the contract and shall include copies of any supporting documents.

d. The department’s remedies in the event of a grantee’s breach of contract.

Memo from the DNR

MEMORANDUM

To: Redemption Centers, Dealers, and County Attorneys

From:Iowa Department of Natural Resources

Date:April 18, 2006

Re: Reimbursing Only 4 Cents is Illegal and Container Limits

The Department of Natural Resources has received many telephone calls, e-mails, and letters from consumers, redemption center operators, dealers, and the media asking whether redemption centers can reimburse consumers less than the full refund amount on a redeemed beverage container.

Redemption centers and dealers (stores) are required to provide the full refund amount to consumers. Code of Iowa chapter 455C.2(1) clearly states that the consumer must receive the full refund amount.

455C.2(1) A refund value of not less than five cents shall be paid by the consumer on each beverage container sold in this state by a dealer for consumption off the premises. Upon return of the empty beverage container upon which a refund value has been paid to the dealer or person operating a redemption center and acceptance of the empty beverage container by the dealer or person operating a redemption center, the dealer or person operating a redemption center shall return the amount of the refund value to the consumer.

Any dealer or redemption center not paying the full refund amount is in violation of the law and is subject to criminal penalties as described in Code of Iowa chapter 455C.12 and withdrawal of any Department issued approval orders in accordance with Iowa Code chapter 455C.6.

The Department has also received complaints and questions regarding the legality of redemption centers and dealers to limit the number of containers a consumer can redeem. All dealers (stores) are required by Code of Iowa chapter 455C.2 and 455C.3 to accept from consumers any empty beverage container of the kind, size, and brand sold by the dealer unless the dealer has been exempted by the Department of Natural Resources. All dealers, including convenience stores, are required to accept at least 120 containers per person per 24-hour period. Any dealer limiting consumers to less than 120 containers is in violation of Iowa Administrative Code chapter 107.8(5), is in violation of the Code of Iowa and is subject to criminal penalties. A list of department approved redemption centers and therefore, currently exempt dealers is online at www.iowadnr.com/waste/recycling/files/approvecounty.pdf

Redemption centers are required to accept at least 500 containers per person per 24-hour period. Any redemption center limiting consumers to less than 500 containers is in violation of Iowa law and is subject to criminal penalties and withdrawal of any Department issued approval orders. The Department has previously indicated that a redemption center might be able to charge a fee in regard to containers accepted in excess of the 500 container limit. Upon further consideration of this issue, and in light of additional information that has been received, it is the position of the Department that charging any type of fee to consumers or paying consumers anything less than the full refund amount regardless of the number of containers redeemed is illegal.

DNR Bottle Bill Rules

455C.1 Definitions.

As used in this chapter unless the context otherwise requires:

1. "Beverage" means wine as defined in section 123.3, subsection 37, alcoholic liquor as defined in section 123.3, subsection 5, beer as defined in section 123.3, subsection 7, mineral water, soda water and similar carbonated soft drinks in liquid form and intended for human consumption.

2. "Beverage container" means any sealed glass, plastic, or metal bottle, can, jar or carton containing a beverage.

3. "Commission" means the environmental protection commission of the department.

4. "Consumer" means any person who purchases a beverage in a beverage container for use or consumption.

5. "Dealer" means any person who engages in the sale of beverages in beverage containers to a consumer.

6. "Dealer agent" means a person who solicits or picks up empty beverage containers from a dealer for the purpose of returning the empty beverage containers to a distributor or manufacturer.

7. "Department" means the department of natural resources created under section 455A.2.

8. "Director" means the director of the department.

9. "Distributor" means any person who engages in the sale of beverages in beverage containers to a dealer in this state, including any manufacturer who engages in such sales.

10. "Geographic territory" means the geographical area within a perimeter formed by the outermost boundaries served by a distributor.

11. "Manufacturer" means any person who bottles, cans, or otherwise fills beverage containers for sale to distributors or dealers.

12. "Nonrefillable beverage container" means a beverage container not intended to be refilled for sale by a manufacturer.

13. "Redemption center" means a facility at which consumers may return empty beverage containers and receive payment for the refund value of the empty beverage containers.

Section History: Early form

[C79, 81, § 455C.1; 82 Acts, ch 1199, § 71, 96]

Section History: Recent form

85 Acts, ch 32, § 111; 86 Acts, ch 1245, § 1899C, 1899D; 87 Acts, ch 22, § 12; 88 Acts, ch 1200, § 1; 89 Acts, ch 272, § 34, 42; 90 Acts, ch 1261, § 43, 44; 91 Acts, ch 268, § 433, 442, 443; 92 Acts, ch 1242, § 40, 47

Internal References

Referred to in § 455B.313

455C.2 Refund values.

1. A refund value of not less than five cents shall be paid by the consumer on each beverage container sold in this state by a dealer for consumption off the premises. Upon return of the empty beverage container upon which a refund value has been paid to the dealer or person operating a redemption center and acceptance of the empty beverage container by the dealer or person operating a redemption center, the dealer or person operating a redemption center shall return the amount of the refund value to the consumer.

2. In addition to the refund value provided in subsection 1 of this section, a dealer, or person operating a redemption center who redeems empty beverage containers or a dealer agent shall be reimbursed by the distributor required to accept the empty beverage containers an amount which is one cent per container. A dealer, dealer agent, or person operating a redemption center may compact empty metal beverage containers with the approval of the distributor required to accept the containers.

455C.3 Payment of refund value.

Except as provided in section 455C.4:

1. A dealer shall not refuse to accept from a consumer any empty beverage container of the kind, size and brand sold by the dealer, or refuse to pay to the consumer the refund value of a beverage container as provided under section 455C.2.

2. A distributor shall accept and pick up from a dealer served by the distributor or a redemption center for a dealer served by the distributor at least weekly, or when the distributor delivers the beverage product if deliveries are less frequent than weekly, any empty beverage container of the kind, size and brand sold by the distributor, and shall pay to the dealer or person operating a redemption center the refund value of a beverage container and the reimbursement as provided under section 455C.2 within one week following pickup of the containers or when the dealer or redemption center normally pays the distributor for the deposit on beverage products purchased from the distributor if less frequent than weekly. A distributor or employee or agent of a distributor is not in violation of this subsection if a redemption center is closed when the distributor attempts to make a regular delivery or a regular pickup of empty beverage containers. This subsection does not apply to a distributor selling alcoholic liquor to the alcoholic beverages division of the department of commerce.

3. A distributor shall not be required to pay to a manufacturer a deposit or refund value on a nonrefillable beverage container.

4. A distributor shall accept from a dealer agent any empty beverage container of the kind, size, and brand sold by the distributor and which was picked up by the dealer agent from a dealer within the geographic territory served by the distributor and the distributor shall pay the dealer agent the refund value of the empty beverage container and the reimbursement as provided in section 455C.2.

5. The alcoholic beverages division of the department of commerce shall provide for the disposal of empty beverage containers as required under subsection 2. The division shall give priority consideration to the recycling of the empty beverage containers to the extent possible, before any other appropriate disposal method is considered or implemented.

455C.4 Refusal to accept containers.

1. Except as provided in section 455C.5, subsection 3, a dealer, a person operating a redemption center, a distributor or a manufacturer may refuse to accept any empty beverage container which does not have stated on it a refund value as provided under section 455C.2.

2. A dealer may refuse to accept and to pay the refund value of any empty beverage container if the place of business of the dealer and the kind and brand of empty beverage containers are included in an order of the department approving a redemption center under section 455C.6.

3. A dealer or a distributor may refuse to accept and to pay the refund value of an empty wine or alcoholic liquor container which is marked to indicate that it was sold by a state liquor store. The alcoholic beverages division shall not reimburse a dealer or a distributor the refund value on an empty wine or alcoholic liquor container which is marked to indicate that the container was sold by a state liquor store.

4. A class "E" liquor control licensee may refuse to accept and to pay the refund value on an empty alcoholic liquor container from a dealer or a redemption center or from a person acting on behalf of or who has received empty alcoholic liquor containers from a dealer or a redemption center.

5. A manufacturer or distributor may refuse to accept and to pay the refund value and reimbursement as provided in section 455C.2 on any empty beverage container that was picked up by a dealer agent from a dealer outside the geographic territory served by the manufacturer or distributor.

455C.5 Refund value stated on container--exceptions.

1. Each beverage container sold or offered for sale in this state by a dealer shall clearly indicate by embossing or by a stamp, label or other method securely affixed to the container, the refund value of the container. The department shall specify, by rule, the minimum size of the refund value indication on the beverage containers.

2. A person, except a distributor, shall not import into this state after July 1, 1979 a beverage container which does not have securely affixed to the container the refund value indication. The provisions of this subsection do not apply if:

a. For beverage containers containing alcoholic liquor as defined in section 123.3, subsection 5, the total capacity of the containers is not more than one quart or, in the case of alcoholic liquor personally obtained outside the United States, one gallon.

b. For beverage containers containing beer as defined in section 123.3, subsection 7, the total capacity of the containers is not more than two hundred eighty-eight fluid ounces.

c. For all other beverage containers, the total capacity of the containers is not more than five hundred seventy-six fluid ounces.

3. The provisions of subsections 1 and 2 of this section do not apply to a refillable glass beverage container which has a brand name permanently marked on it and which has a refund value of not less than five cents, to any other refillable beverage container which has a refund value of not less than five cents and which is exempted by the director under rules adopted by the commission, or to a beverage container sold aboard a commercial airliner or passenger train for consumption on the premises.

455C.6 Redemption centers.

1. To facilitate the return of empty beverage containers and to serve dealers of beverages, any person may establish a redemption center, subject to the approval of the department, at which consumers may return empty beverage containers and receive payment of the refund value of such beverage containers.

2. An application for approval of a redemption center shall be filed with the department. The application shall state the name and address of the person responsible for the establishment and operation of the redemption center, the kind and brand names of the beverage containers which will be accepted at the redemption center, and the names and addresses of the dealers to be served by the redemption center. The application shall contain such other information as the director may reasonably require.

3. The department shall approve a redemption center if it finds that the redemption center will provide a convenient service to consumers for the return of empty beverage containers. The order of the department approving a redemption center shall state the dealers to be served by the redemption center and the kind and brand names of empty beverage containers which the redemption center must accept. The order may contain such other provisions to insure that the redemption center will provide a convenient service to the public as the director may determine.

4. The department may review the approval of any redemption center at any time. After written notice to the person responsible for the establishment and operation of the redemption center, and to the dealers served by the redemption center, the commission may, after hearing, withdraw approval of a redemption center if the commission finds there has not been compliance with the department's order approving the redemption center, or if the redemption center no longer provides a convenient service to the public.

5. All approved redemption centers shall meet applicable health standards.

455C.7 Unapproved redemption centers.

Any person may establish a redemption center which has not been approved by the department, at which a consumer may return empty beverage containers and receive payment of the refund value of the beverage containers. The establishment of an unapproved redemption center shall not relieve any dealer from the responsibility of redeeming any empty beverage containers of the kind and brand sold by the dealer.

455C.8 Snap-top cans prohibited.

A person shall not sell or offer for sale at retail in this state any metal beverage container so designed and constructed that a part of the container is detachable in opening the container.

455C.9 Rules adopted.

The commission shall adopt, upon recommendation of the director, the rules necessary to carry out the provisions of this chapter, subject to the provisions of chapter 17A.

455C.10 Appeal.

Any person aggrieved by an order of the department relating to the approval or withdrawal of approval for a redemption center may seek judicial review of such order as provided in chapter 17A.

455C.12 Penalties.

1. Any person violating the provisions of section 455C.2, 455C.3, 455C.5, and 455C.8, or a rule adopted under this chapter shall be guilty of a simple misdemeanor.

2. A distributor who collects or attempts to collect a refund value on an empty beverage container when the distributor has paid the refund value on the container to a dealer, redemption center, or consumer is guilty of a fraudulent practice.

3. Any person who does any of the following acts is guilty of a fraudulent practice:

a. Collects or attempts to collect the refund value on the container a second time, with the knowledge that the refund value has once been paid by the distributor to a dealer, redemption center or consumer.

b. Manufactures, sells, possesses or applies a false or counterfeit label or indication which shows or purports to show a refund value for a beverage container, with intent to use the false or counterfeit label or indication.

c. Collects or attempts to collect a refund value on a container with the use of a false or counterfeit label or indication showing a refund value, knowing the label or indication to be false or counterfeit.

4. As used in this section, a false or counterfeit label or indication means a label or indication purporting to show a valid refund value which has not been initially applied as authorized by a distributor.

5. Subsection 2 and subsection 3, paragraph "a" of this section have no application to empty beverage containers which are intended to be refillable and are in a standard of condition except for sanitization to be refillable by the manufacturer.

455C.13 Distributors' agreements authorized.

A distributor may enter into a contract or agreement with any other distributor, manufacturer or person for the purpose of collecting or paying the refund value on, or disposing of, beverage containers as provided in this chapter.

455C.14 Redemption of refused nonrefillable metal beverage containers.

1. If the refund value indication required under section 455C.5 on an empty nonrefillable metal beverage container is readable but the redemption of the container is lawfully refused by a dealer or person operating a redemption center under other sections of this chapter or rules adopted pursuant to these sections, the container shall be accepted and the refund value paid to a consumer as provided in this section. Each beer distributor selling nonrefillable metal beverage containers in this state shall provide individually or collectively by contract or agreement with a dealer, person operating a redemption center or another person, at least one facility in the county seat of each county where refused empty nonrefillable metal beverage containers having a readable refund value indication as required by this chapter are accepted and redeemed. In cities having a population of twenty-five thousand or more, the number of the facilities provided shall be one for each twenty-five thousand population or a fractional part of that population.

2. A beer distributor violating this section is guilty of a simple misdemeanor.

455C.15 Plastic cans prohibited.

1. A person shall not manufacture, offer for sale, or sell any single-serving beverage container which is a plastic can nor offer for sale or sell any beverage packaged in a single-serving plastic can. For the purposes of this section, a "plastic can" means a beverage container which, in addition to the closure mechanism, is composed of plastic and metal.

2. A person violating this section is guilty of a serious misdemeanor.

455C.16 Beverage containers--disposal at sanitary landfill prohibited.

Beginning July 1, 1990, the final disposal of beverage containers by a dealer, distributor, or manufacturer, or person operating a redemption center, in a sanitary landfill, is prohibited. Beginning September 1, 1992, the final disposal of beverage containers used to contain alcoholic liquor as defined in section 123.3, subsection 5, by a dealer, distributor, or manufacturer, or person operating a redemption center in a sanitary landfill, is prohibited.

Bottle Bill Frequently Asked Questions

How many beverage containers are redeemed in Iowa each year?
About 1.4 billion - nearly 500 containers per person annually.

Why doesn't the law cover non-carbonated beverages like bottled waters, sports drinks, teas and juices?
Non-carbonated beverages, often referred to as "new age drinks," were not in existence when the law was passed in 1978. These beverages now make up an estimated 15 percent of the beverages sold in Iowa.

What are the benefits of the bottle bill?

Litter is reduced because of the financial incentive provided through the deposit program.
Iowans recycle more than 90 percent of our beverage containers.
The program is self-funded without relying on any taxes or unfunded mandates.
Redeeming containers has served as a fundraising program for countless school, church and community groups.
Many jobs have been created for the collection, handling and processing of deposit beverage containers.

What types of containers does the bottle bill cover?
Soft drink, beer, liquor, wine and any carbonated beverages.

How can I help keep Iowa's bottle bill successful?
We all play a role in the bottle bill's success by participating in the program: removing container caps and returning clean beverage containers to local stores and redemption centers; following return guidelines such as quantity limits set up by individual retailers; and thanking local grocery store and redemption center managers for their participation.

Can I redeem containers without the deposit labeled on them or containers I purchased in other states?
No. Redeemable containers can only be returned in the state where they are purchased.

Where can I learn more about the bottle bill?
Contact the Iowa Department of Natural Resources at (515) 281-4367.

DNR Contact
   Jeff Brennan
Environmental Specialist
Pollution Prevention Services
Department of Natural Resources
502 E 9th Street
Des Moines, Iowa 50319-0034
   Phone:515-281-8499
Fax:     515-281-8895
  jeff.brennan@dnr.state.ia.us

Resources