IOWA BOTTLE BILL COALITION
Redemption Centers working for Iowa |
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The grant program has been released for applications.
You have until October 3rd to get your applications in.
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My bill to add one cent to redemption centers is alive in the Natural Resources Committee. It is vital that senators on that committee hear from as many pro-redemption center constituents as possible. It is SF 2024.
Members of the Natural Resources Committee are Senators:
Will you please get this word out to other recyclers and redemption centers and other friends of the environment?
Fort Dodge
Here is the bill they are working on at the moment, remember none of these early items are set in stone. Right now the big thing is to keep contacting your legislators and keep pushing our issue.
A BILL FOR
1 An Act relating to the recycling of empty beverage containers by
2 increasing the reimbursement amount paid by distributors,
3 eliminating refusal of empty containers by dealers,
4 eliminating departmental approval of redemption centers, and
5 establishing civil penalties.
6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
7 TLSB 5317SS 82
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PAG LIN
1 1 Section 1. Section 455C.2, subsection 2, Code 2007, is
1 2 amended to read as follows:
1 3 2. In addition to the refund value provided in subsection
1 4 1 of this section, a dealer, or a person operating a
1 5 redemption center who redeems empty beverage containers, or a
1 6 dealer agent shall be reimbursed by the distributor required
1 7 to accept the empty beverage containers an amount which is one
1 8 cent in the amount of two cents per container. A dealer,
1 9 dealer agent, or person operating a redemption center may
1 10 compact empty metal beverage containers with the approval of
1 11 the distributor required to accept the containers.
1 12 Sec. 2. Section 455C.4, subsection 2, Code 2007, is
1 13 amended by striking the subsection.
1 14 Sec. 3. Section 455C.7, Code 2007, is amended to read as
1 15 follows:
1 16 455C.7 UNAPPROVED REDEMPTION CENTERS.
1 17 Any person may establish a redemption center which has not
1 18 been approved by the department, at which a consumer may
1 19 return empty beverage containers and receive payment of the
1 20 refund value of the beverage containers. The establishment of 1 21 an unapproved a redemption center shall not relieve any dealer
1 22 from the responsibility of redeeming any empty beverage
1 23 containers of the kind and brand sold by the dealer.
1 24 Sec. 4. NEW SECTION. 455C.11 SCHEDULE OF PENALTIES ==
1 25 VIOLATIONS.
1 26 1. PENALTY ASSESSMENT. The commission shall establish by
1 27 rule a schedule for the administrative assessment of civil
1 28 penalties. The schedule shall provide procedures and criteria
1 29 for assessing penalties of not more than ten thousand dollars
1 30 for violations of this chapter or for violations of the rules,
1 31 permits, or orders adopted or issued under this chapter.
1 32 Violations not fitting within the schedule, or violations
1 33 which the commission determines should be referred to the
1 34 attorney general for legal action, shall not be governed by
1 35 the schedule established under this subsection. When adopting
2 1 the schedule and when proposing or assessing a penalty, the
2 2 commission and the director shall consider the following:
2 3 a. The costs saved, or likely to be saved, by a violator's
2 4 noncompliance.
2 5 b. The gravity of the violation.
2 6 c. The degree of culpability of the violator.
2 7 d. The maximum penalty authorized for a violation of this
2 8 chapter.
2 9 e. Other relevant factors.
2 10 2. SCREENING OF VIOLATIONS. In establishing the schedule
2 11 of violations, the commission shall provide by rule a
2 12 procedure for screening alleged violations in order to
2 13 determine which cases may be appropriate for the
2 14 administrative assessment of penalties. However, the
2 15 screening procedure shall not limit the discretion of the
2 16 commission to refer any case to the attorney general for legal
2 17 action.
2 18 3. CONTESTED CASE HEARINGS. Penalties may be
2 19 administratively assessed under this section only after an
2 20 opportunity for a contested case hearing. The contested case
2 21 hearing may be combined with a hearing on the merits of the
2 22 alleged violation.
2 23 4. JUDICIAL REVIEW. When a person against whom a penalty
2 24 is assessed under this section seeks timely judicial review of
2 25 an order imposing the penalty, as provided under chapter 17A,
2 26 the order is not final for the purposes of this section until
2 27 all judicial review processes are completed. Additional
2 28 judicial review shall not be sought after the order becomes
2 29 final.
2 30 5. PAYMENT OF PENALTIES AND INTEREST.
2 31 a. A penalty assessed under this section shall be paid
2 32 within thirty days of the date the order assessing the penalty
2 33 becomes final.
2 34 b. A person who fails to timely pay a penalty assessed by
2 35 a final order of the department shall pay, in addition to the
3 1 penalty, interest at the rate of one and one=half percent of
3 2 the unpaid balance of the assessed penalty for each month, or
3 3 part of a month, that the penalty remains unpaid.
3 4 c. The attorney general shall institute, at the request of
3 5 the department, summary proceedings to recover the penalty and
3 6 any accrued interest.
3 7 d. All penalties assessed by the department under this
3 8 section and interest on the penalties shall be deposited in
3 9 the general fund of the state.
3 10 6. This section does not require the commission or the
3 11 director to pursue an administrative remedy before seeking a
3 12 remedy in the courts of this state.
3 13 Sec. 5. Section 455C.12, Code 2007, is amended by adding
3 14 the following new subsection:
3 15 NEW SUBSECTION. 6. The state shall be precluded from
3 16 bringing a criminal action against a person under this chapter
3 17 if the department has initiated a civil enforcement proceeding
3 18 against the person pursuant to section 455C.11.
3 19 Sec. 6. Sections 455C.6 and 455C.10, Code 2007, are
3 20 repealed.
3 21 EXPLANATION
3 22 This bill relates to the recycling of empty beverage
3 23 containers.
3 24 The bill increases to 2 cents per container the amount
3 25 received by a dealer or a person operating a redemption
3 26 center. The redemption amount, commonly referred to as a
3 27 handling fee, is paid by the distributor who collects the
3 28 beverage containers from the dealer or the operator of the
3 29 redemption center.
3 30 Under current law, a dealer may refuse to accept empty
3 31 beverage containers if that dealer's place of business and the
3 32 kind of containers are included in an order of the department
3 33 of natural resources approving a redemption center. The bill
3 34 eliminates the ability of a dealer to refuse to accept
3 35 containers in this instance.
4 1 The bill eliminates the approval of redemption centers by
4 2 the department and makes other related changes necessary to do
4 3 so.
4 4 The bill requires the department to establish a schedule of
4 5 civil penalties and provides for the administrative assessment
4 6 of penalties up to $10,000 for violations of the Code chapter
4 7 or any rules, permits, or orders adopted or issued under it.
4 8 Violations not fitting within the schedule, or violations
4 9 referred to the attorney general, are not governed by the
4 10 schedule. The bill also provides factors to be considered in
4 11 the adoption of the schedule.
4 12 The bill requires the environmental protection commission
4 13 to adopt by rule a screening procedure that determines which
4 14 violations to refer to the attorney general and which
4 15 violations are more appropriate for administrative assessment.
4 16 The bill requires the department to provide a contested case
4 17 hearing before assessing any penalties. The bill also
4 18 provides for judicial review of administrative penalties and
4 19 requires the assessment of interest on penalties not timely
4 20 paid.
4 21 Finally, the bill precludes the department from seeking
4 22 criminal penalties if it has initiated a civil enforcement
4 23 proceeding under the Code chapter.
4 24 LSB 5317SS 82
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Redemption Centers of Iowa
Attention
Redemption Center Owners across Iowa
Iowa Bottle Bill Coalition members
Members of the Iowa Recycling Association
Once again this year we are going to do our best to effectively lobby the Iowa Legislature
Our plan this year is to enlist the help of Governor Culver in persuading the legislature it is time to protect and up date the bottle bill.
We do know how frustrating, and discouraging the last few years have been.
We know of the struggles you face today to stay in business.
As in past years we know we may not have reached our goals, but we also know for certain that if we do not try, and do not keep the pressure on the legislative powers we will most certainly be ignored.
That said here is the plan. Once again we will be doing a postcard campaign. If any of you have cards left over from last year feel free to use them first. To save funds we will be using the same cards we used last year,( this will save on design and lay out costs) so it is not to early to start getting your customers to fill them out, and for you to start mailing them in to:
Governor Chet Culver
Office of Governor
State Capital
Des Moines, Iowa 50319
If you need cards please feel free to contact me at 641-623-2277 and I will see that you get some.
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