SF 3017

Introduction - 82nd Legislature (2001 - 2002)

Posted on 12/15/2009 12:00 a.m.

  1.1                          A bill for an act 
  1.2             relating to the environment; providing for deposits 
  1.3             and refunds on beverage containers and plastic soap 
  1.4             containers; prescribing civil remedies; providing 
  1.5             criminal penalties; appropriating money; proposing 
  1.6             coding for new law as Minnesota Statutes, chapter 115F.
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  [LEGISLATIVE FINDINGS.] 
  1.9      The legislature finds and declares as follows: 
  1.10     (a) Experience in this state and others demonstrates that 
  1.11  financial incentives and convenient return systems ensure the 
  1.12  efficient and large-scale recycling of beverage containers.  
  1.13  Accordingly, it is the intent of the legislature to encourage 
  1.14  increased and more convenient beverage container and soap 
  1.15  container redemption opportunities for all consumers.  These 
  1.16  redemption opportunities shall consist of dealer and other 
  1.17  shopping center locations, independent and industry-operated 
  1.18  recycling centers, curbside programs, nonprofit drop-off 
  1.19  programs, and other recycling systems that assure all consumers 
  1.20  in every region of the state the opportunity to return beverage 
  1.21  and soap containers conveniently, efficiently, and economically. 
  1.22     (b) This chapter establishes a beverage and soap container 
  1.23  recycling goal of 80 percent, and when the redemption rate for 
  1.24  any one type of beverage container or soap container falls below 
  1.25  65 percent, this chapter provides for an increased refund value. 
  1.26     (c) The purpose of this chapter is to ensure that every 
  2.1   container type proves its own recyclability. 
  2.2      (d) The purpose of this chapter is to make redemption and 
  2.3   recycling convenient to consumers, and the legislature hereby 
  2.4   urges cities and counties when exercising their zoning authority 
  2.5   to act favorably on the siting of multimaterial recycling 
  2.6   centers, reverse vending machines, mobile recycling units, or 
  2.7   other types of recycling opportunities as necessary for consumer 
  2.8   convenience and the overall success of litter abatement and 
  2.9   beverage container or soap container recycling in the state. 
  2.10     (e) The purpose of this chapter is to create and maintain a 
  2.11  marketplace where it is profitable to establish sufficient 
  2.12  recycling centers and locations to provide consumers with 
  2.13  convenient recycling opportunities through the establishment of 
  2.14  minimum refund values and processing fees and, through the 
  2.15  proper application of these elements, to enhance the 
  2.16  profitability of recycling centers, recycling locations, and 
  2.17  other beverage container or soap container recycling programs. 
  2.18     (f) The responsibility to provide convenient, efficient, 
  2.19  and economical redemption opportunities rests jointly with 
  2.20  manufacturers, distributors, dealers, recyclers, processors, and 
  2.21  the office of environmental assistance. 
  2.22     (g) The purpose of this chapter is to ensure that all empty 
  2.23  beverage and soap containers redeemed shall be recycled and that 
  2.24  the responsibilities and rules of the office of environmental 
  2.25  assistance shall be determined and implemented in a manner that 
  2.26  favors the recycling of redeemed containers, as opposed to their 
  2.27  disposal. 
  2.28     (h) Nothing in this chapter shall be interpreted as 
  2.29  affecting the current business practices of scrap dealers or 
  2.30  recycling centers, except that, to the extent they function as a 
  2.31  recycling center or processor, they shall do so in accordance 
  2.32  with this chapter. 
  2.33     (i) The program established by this chapter will contribute 
  2.34  significantly to the reduction of the beverage and soap 
  2.35  container component of litter in this state. 
  2.36     Sec. 2.  [115F.01] [CITATION.] 
  3.1      This chapter shall be known and may be cited as the 
  3.2   Minnesota Beverage and Soap Container Recycling and Litter 
  3.3   Reduction Act. 
  3.4      Sec. 3.  [115F.02] [APPLICABILITY.] 
  3.5      (a) This chapter does not apply to any beverage container 
  3.6   or soap container that is sold and delivered to a railroad, 
  3.7   sleeping car, steamship company or common carrier operating 
  3.8   vessel, or air common carrier for use and consumption on trains, 
  3.9   vessels, or airplanes. 
  3.10     (b) Except as provided in paragraph (c), this chapter does 
  3.11  not apply to any program involving the collection and payment of 
  3.12  deposits for beverage and soap containers sold, used, or 
  3.13  consumed at national parks and monuments, military 
  3.14  installations, or any other property owned by and under the 
  3.15  jurisdiction of the United States. 
  3.16     (c) To the extent permitted by federal law, this chapter, 
  3.17  including, but not limited to, section 115F.41 applies to a 
  3.18  national park or monument, military installation, or any other 
  3.19  property owned by and under the jurisdiction of the United 
  3.20  States with regard to a beverage container or soap container not 
  3.21  otherwise subject to a program involving the collection and 
  3.22  payment of deposits for beverage containers. 
  3.23     (d) For purposes of this section, "a program involving the 
  3.24  collection and payment of deposits" means a program, other than 
  3.25  one imposed under this chapter, at a national park or monument, 
  3.26  military installation, or any other property owned by and under 
  3.27  the jurisdiction of the United States that imposes a deposit on 
  3.28  a beverage container or soap container at the time of sale and 
  3.29  provides an opportunity for the beverage container or soap 
  3.30  container purchaser to redeem the deposit at the national park 
  3.31  or monument, military installation, or other property owned by 
  3.32  and under the jurisdiction of the United States. 
  3.33     Sec. 4.  [115F.03] [DEFINITIONS.] 
  3.34     Subdivision 1.  [APPLICABILITY.] For the purposes of this 
  3.35  chapter, the terms defined in this section have the meanings 
  3.36  given them. 
  4.1      Subd. 2.  [ALUMINUM BEVERAGE CONTAINER.] "Aluminum beverage 
  4.2   container" means a beverage container that consists primarily of 
  4.3   aluminum. 
  4.4      Subd. 3.  [AVERAGE MONTHLY VOLUME.] "Average monthly volume"
  4.5   means the average number of empty beverage and soap containers 
  4.6   per month received by a certified recycling center. 
  4.7      Subd. 4.  [BENEFICIATING PROCESSOR.] "Beneficiating 
  4.8   processor" means any person certified by the office as a 
  4.9   processor who also beneficiates purchased cullet so that it is 
  4.10  furnace-ready for glass container manufacturers, consistent with 
  4.11  prevailing standards in the manufacturing industry.  Cullet is 
  4.12  deemed furnace ready when it has been cleansed, is free of 
  4.13  nonglass contaminants, and has been crushed or otherwise 
  4.14  processed in such a manner as to be acceptable without further 
  4.15  processing by the purchasing glass container manufacturer. 
  4.16     Subd. 5.  [BEVERAGE.] "Beverage" means any of the following 
  4.17  products if those products are in liquid ready-to-drink form and 
  4.18  are intended for human consumption: 
  4.19     (1) beer and other malt beverages; 
  4.20     (2) wine and distilled spirit coolers; 
  4.21     (3) carbonated water, including soda and carbonated mineral 
  4.22  water; 
  4.23     (4) noncarbonated water, including noncarbonated mineral 
  4.24  water; 
  4.25     (5) carbonated soft drinks; 
  4.26     (6) noncarbonated soft drinks and sport drinks; 
  4.27     (7) noncarbonated fruit drinks that contain any percentage 
  4.28  of fruit juice; 
  4.29     (8) coffee and tea drinks; 
  4.30     (9) carbonated fruit drinks; 
  4.31     (10) vegetable juice in beverage containers of 16 ounces or 
  4.32  less; and 
  4.33     (11) milk. 
  4.34     Subd. 6.  [BEVERAGE CONTAINER.] "Beverage container" means 
  4.35  the individual, separate bottle, can, jar, carton, or other 
  4.36  receptacle, however denominated, in which a beverage is sold, 
  5.1   and which is constructed of metal, glass, or plastic, or other 
  5.2   material, or any combination of these materials.  Beverage 
  5.3   container does not include cups or other similar open or loosely 
  5.4   sealed receptacles. 
  5.5      Subd. 7.  [BEVERAGE OR SOAP MANUFACTURER.] "Beverage or 
  5.6   soap manufacturer" means any person who bottles, cans, or 
  5.7   otherwise fills beverage containers or soap containers, or 
  5.8   imports filled beverage containers or soap containers, for sale 
  5.9   to distributors, dealers, or consumers. 
  5.10     Subd. 8.  [BIMETAL CONTAINER.] "Bimetal container" means a 
  5.11  beverage container that consists of one or more metals and which 
  5.12  is composed primarily of steel. 
  5.13     Subd. 9.  [COMMINGLED.] "Commingled" means a mix of empty 
  5.14  beverage containers or soap containers and all other containers 
  5.15  of the same material type. 
  5.16     Subd. 10.  [COMMINGLED RATE.] "Commingled rate" means the 
  5.17  ratio of empty beverage containers or soap containers to all 
  5.18  other containers of the same material type as determined by the 
  5.19  office. 
  5.20     Subd. 11.  [CONSUMER.] "Consumer" means every person who, 
  5.21  for that person's use or consumption, purchases a beverage in a 
  5.22  beverage container or soap container from a dealer.  Consumer 
  5.23  includes, but is not limited to, a lodging, eating, or drinking 
  5.24  establishment, and soft drink vending machines. 
  5.25     Subd. 12.  [CONTAINER MANUFACTURER.] "Container 
  5.26  manufacturer" means any person who produces beverage containers 
  5.27  or soap containers for filling by beverage or soap 
  5.28  manufacturers, including any person who imports these beverage 
  5.29  containers or soap containers from outside of this state for 
  5.30  filling by beverage or soap manufacturers. 
  5.31     Subd. 13.  [CONVENIENCE ZONE.] "Convenience zone" means: 
  5.32     (1) the area within a one-half mile radius of a 
  5.33  supermarket; or 
  5.34     (2) a zone designated by the office under section 115F.52 
  5.35  in underserved areas with no supermarket. 
  5.36     Subd. 14.  [CULLET.] "Cullet" means scrap glass that is 
  6.1   derived from a postfilled food, drink, or beverage container 
  6.2   produced or imported for sale in the state. 
  6.3      Subd. 15.  [CURBSIDE PROGRAM.] "Curbside program" means a 
  6.4   recycling program that: 
  6.5      (1) picks up empty beverage and soap containers from 
  6.6   individual or multiple-family residences, or both, and in which 
  6.7   the empty beverage containers are separated from waste materials 
  6.8   prior to being picked up; 
  6.9      (2) is operated by or under a contract with a city, county, 
  6.10  or other public agency or is acknowledged, in writing, by a 
  6.11  city, county, or other public agency; and 
  6.12     (3) accepts empty beverage and soap containers from 
  6.13  consumers with the intent to recycle them, but does not pay the 
  6.14  refund value. 
  6.15     Subd. 16.  [DEALER.] "Dealer" means a retail establishment 
  6.16  that offers the sale of beverages in beverage containers or 
  6.17  cleaning solvent in soap containers to consumers.  Dealer does 
  6.18  not include a lodging, eating, or drinking establishment or soft 
  6.19  drink vending machine operator who engages in the sale of 
  6.20  beverages in beverage containers to consumers, except that these 
  6.21  sales are subject to section 115F.40. 
  6.22     Subd. 17.  [DIRECTOR.] "Director" means the director of the 
  6.23  office of environmental assistance. 
  6.24     Subd. 18.  [DISTRIBUTOR.] "Distributor" means every person 
  6.25  who engages in the sale of beverages in beverage containers or 
  6.26  cleaning solvent in soap containers to a dealer in this state, 
  6.27  including any manufacturer who engages in these sales.  
  6.28  Distributor includes any person who imports beverages or 
  6.29  cleaning solvent from outside of this state for sale to dealers 
  6.30  or consumers in this state. 
  6.31     Subd. 19.  [DRINK.] "Drink" means fruit juice or any other 
  6.32  noncarbonated drink. 
  6.33     Subd. 20.  [DROP-OFF OR COLLECTION PROGRAM.] "Drop-off or 
  6.34  collection program" means any person, association, nonprofit 
  6.35  corporation, church, club, or other organization certified by 
  6.36  the office that accepts or collects empty beverage and soap 
  7.1   containers from consumers with the intention to recycle them, or 
  7.2   any waste reduction facility that separates beverage and soap 
  7.3   containers from the waste stream with the intent to recycle 
  7.4   them.  Drop-off or collection program does not include a 
  7.5   certified recycling center, nonprofit drop-off program, or 
  7.6   curbside program. 
  7.7      Subd. 21.  [EMPTY BEVERAGE CONTAINER OR SOAP 
  7.8   CONTAINER.] "Empty beverage container or soap container" means a 
  7.9   beverage container or soap container that: 
  7.10     (1) has the seal or closure installed by the manufacturer 
  7.11  broken or removed; 
  7.12     (2) does not contain foreign materials other than the 
  7.13  residue of the beverage originally packaged in the beverage 
  7.14  container or soap container by the manufacturer; 
  7.15     (3) bears the message required by section 115F.42 or is a 
  7.16  refillable beverage container; and 
  7.17     (4) has a refund value established under section 115F.40. 
  7.18     Subd. 22.  [FOOD OR DRINK PACKAGING MATERIAL.] "Food or 
  7.19  drink packaging material" means any material that is not a 
  7.20  beverage container in which a food or drink is sold in a retail 
  7.21  establishment and the food or drink is not intended for 
  7.22  consumption on the seller's premises. 
  7.23     Subd. 23.  [FOR RECYCLING.] "For recycling" means that an 
  7.24  empty beverage container or soap container has been received by 
  7.25  a processor who has an arrangement whereby that container will 
  7.26  actually be recycled. 
  7.27     Subd. 24.  [FUND.] "Fund" means the Minnesota beverage 
  7.28  container recycling fund established under section 115F.68, 
  7.29  paragraph (a). 
  7.30     Subd. 25.  [GLASS BEVERAGE CONTAINER.] "Glass beverage 
  7.31  container" means a beverage container that has a body consisting 
  7.32  primarily of glass. 
  7.33     Subd. 26.  [GLASS CONTAINER MANUFACTURER.] Except as 
  7.34  provided under section 115F.15, "glass container manufacturer" 
  7.35  means a person who manufactures commercial containers whose 
  7.36  principal component part or parts consist of virgin glass, 
  8.1   postfilled glass, or any combination of both for sale in 
  8.2   Minnesota or for export to other states or countries.  Glass 
  8.3   container manufacturer includes, but is not limited to, all 
  8.4   commercial manufacturing operations that produce beverage 
  8.5   containers, food or drink packaging material made primarily of 
  8.6   glass, or any combination of both of those items. 
  8.7      Subd. 27.  [GLASS FOOD OR DRINK CONTAINER.] "Glass food or 
  8.8   drink container" means any nonbeverage container whose principal 
  8.9   component part or parts consist of virgin glass, postfilled 
  8.10  glass, or any combination of both in which any food or drink is 
  8.11  sold or offered for sale in Minnesota. 
  8.12     Subd. 28.  [HANDLING FEE.] "Handling fee" means an amount 
  8.13  paid to an operator or a supermarket site, a rural region 
  8.14  recycler, or a nonprofit convenience zone recycler that is 
  8.15  located in a convenience zone for every beverage container or 
  8.16  soap container redeemed by the operator at the supermarket or 
  8.17  within the zone in which the supermarket site is located by the 
  8.18  rural region recycler or by the nonprofit convenience zone 
  8.19  recycler. 
  8.20     Subd. 29.  [MANAGING EMPLOYEE.] "Managing employee" 
  8.21  includes, but is not limited to, any person who manages the 
  8.22  operation of a facility or is authorized by the certified 
  8.23  operator to sign shipping reports. 
  8.24     Subd. 30.  [NEIGHBORHOOD DROP-OFF PROGRAM.] "Neighborhood 
  8.25  drop-off program" means a recycling program that: 
  8.26     (1) is certified by the office as a drop-off or collection 
  8.27  program; and 
  8.28     (2) has been designated by a city, county, or city and 
  8.29  county to provide a recycling opportunity in residential 
  8.30  neighborhoods specified by the city, county, or city and county. 
  8.31     Subd. 31.  [NONPROFIT CONVENIENCE ZONE 
  8.32  RECYCLER.] "Nonprofit convenience zone recycler" means a 
  8.33  recycling center that: 
  8.34     (1) is operated by an organization established under United 
  8.35  States Code, title 26, section 501(c) or 501(d); 
  8.36     (2) is certified by the office under section 115F.10; and 
  9.1      (3) is located within a convenience zone but is not 
  9.2   necessarily a supermarket site. 
  9.3      Subd. 32.  [NONPROFIT DROP-OFF PROGRAM.] "Nonprofit 
  9.4   drop-off program" means a recycling program that: 
  9.5      (1) is organized under section 501(c) or section 501(d) of 
  9.6   the Internal Revenue Code, United States Code, title 26, 
  9.7   sections 501(c) and 501(d), or operated by or caused to be 
  9.8   operated by a city, county, or other public agency; 
  9.9      (2) is certified by the office under section 115F.12; and 
  9.10     (3) accepts empty beverage and soap containers from 
  9.11  consumers with the intent to recycle them, but may pay the 
  9.12  refund value.  Except as provided in section 115F.57, paragraph 
  9.13  (c), if the program pays the refund value the program shall pay 
  9.14  the refund value for all types of empty beverage and soap 
  9.15  containers regardless of the beverage container's or soap 
  9.16  container's material. 
  9.17     Subd. 33.  [NOT FOR RECYCLING.] "Not for recycling" means 
  9.18  that an empty beverage container or soap container has been 
  9.19  received by a processor who does not have an arrangement where 
  9.20  that container will actually be recycled. 
  9.21     Subd. 34.  [OFFICE.] "Office" means the office of 
  9.22  environmental assistance. 
  9.23     Subd. 35.  [OTHER BEVERAGE CONTAINER.] "Other beverage 
  9.24  container" means a beverage container that has a body consisting 
  9.25  of metal, glass, plastic, other materials, or a combination of 
  9.26  these, but which is not an aluminum, bimetal, glass, or plastic 
  9.27  beverage container. 
  9.28     Subd. 36.  [OUT-OF-STATE CONTAINER.] "Out-of-state 
  9.29  container" means a used beverage container or soap container or 
  9.30  used beverage container or soap container component that is not 
  9.31  subject to section 115F.40, and that is brought into this state. 
  9.32     Subd. 37.  [PET CONTAINER.] "PET container" means a plastic 
  9.33  beverage container or soap container labeled with a "1." 
  9.34     Subd. 38.  [PHYSICAL RECYCLING LOCATION.] "Physical 
  9.35  recycling location" means the area in a convenience zone served 
  9.36  by one or more reverse vending machines that accept all empty 
 10.1   aluminum, glass, and plastic beverage containers and soap 
 10.2   containers, issue a cash refund or a redeemable credit slip, and 
 10.3   are located within ten feet of each other.  The physical 
 10.4   recycling location shall redeem odd-sized empty beverage 
 10.5   containers or soap containers or empty beverage containers made 
 10.6   from other material types in a manner approved by the office.  
 10.7   Physical recycling location does not include a combination of 
 10.8   reverse vending machines, which accept less than all empty 
 10.9   aluminum, glass, and plastic beverage containers or soap 
 10.10  containers and one or more drop-off bins. 
 10.11     Subd. 39.  [PLACE OF BUSINESS OF THE DEALER.] "Place of 
 10.12  business of the dealer" means the location at which a dealer 
 10.13  sells, or offers for sale, beverages in beverage containers or 
 10.14  soap in soap containers to consumers. 
 10.15     Subd. 40.  [PLASTIC BEVERAGE CONTAINER.] "Plastic beverage 
 10.16  container" means a beverage container that has a body consisting 
 10.17  primarily of plastic. 
 10.18     Subd. 41.  [POSTFILLED CONTAINER.] "Postfilled container" 
 10.19  means any container that had been previously filled with a 
 10.20  beverage, food, or cleaning solvent. 
 10.21     Subd. 42.  [PROCESSING FEE.] "Processing fee" means the 
 10.22  amount paid by beverage or soap manufacturers to the office 
 10.23  under section 115F.76. 
 10.24     Subd. 43.  [PROCESSING PAYMENT.] "Processing payment" means 
 10.25  an amount paid to processors, drop-off or collection programs, 
 10.26  curbside programs, and recycling centers by the office under 
 10.27  sections 115F.60, paragraph (a), and 115F.61, paragraph (a), 
 10.28  when the office determines that the scrap value being offered by 
 10.29  container, beverage, or soap manufacturers, or willing 
 10.30  purchasers for a particular container material, is insufficient 
 10.31  to insure the economic recovery of the container type at the 
 10.32  minimum number of recycling centers or locations required under 
 10.33  section 115F.51.  The processing payment shall be determined by 
 10.34  the office under section 115F.66. 
 10.35     Subd. 44.  [PROCESSOR.] "Processor" means any person, 
 10.36  including a scrap dealer certified by the office who purchases 
 11.1   empty aluminum beverage containers, bimetal beverage containers, 
 11.2   glass beverage containers, plastic beverage containers, soap 
 11.3   containers, or any other beverage container, including any one 
 11.4   or more of those beverage and soap containers, which have a 
 11.5   refund value established under this chapter from recycling 
 11.6   centers in this state for recycling. 
 11.7      Subd. 45.  [RECYCLE, RECYCLED, RECYCLING, OR 
 11.8   RECYCLABLE.] "Recycle," "recycled," "recycling," or "recyclable" 
 11.9   means the reuse or refilling of empty beverage and soap 
 11.10  containers, or the process of sorting, cleansing, treating, and 
 11.11  reconstituting empty postfilled beverage and soap containers for 
 11.12  the purpose of using the altered form.  Recycle, recycled, 
 11.13  recycling, or recyclable does not include merely sorting, 
 11.14  shredding, stripping, compressing, storing, landfilling with, or 
 11.15  disposing of an empty beverage container or soap container. 
 11.16     Subd. 46.  [RECYCLER.] "Recycler" means a recycling center, 
 11.17  drop-off or collection program, or curbside program. 
 11.18     Subd. 47.  [RECYCLING CENTER.] "Recycling center" means an 
 11.19  operation that is certified by the office and accepts from 
 11.20  consumers, and pays or provides the refund value under section 
 11.21  115F.57 for, empty beverage containers intended to be recycled. 
 11.22     Subd. 48.  [RECYCLING LOCATION.] "Recycling location" means 
 11.23  a place, mobile unit, reverse vending machine, or other device 
 11.24  where a certified recycling center accepts one or more types of 
 11.25  empty beverage and soap containers from consumers, and pays or 
 11.26  provides the refund value for one or more types of empty 
 11.27  beverage and soap containers.  For purposes of section 115F.57, 
 11.28  paragraph (c), recycling location means the aluminum reverse 
 11.29  vending machine and does not mean the machine's physical 
 11.30  location. 
 11.31     Subd. 49.  [RECYCLING RATE.] "Recycling rate" means the 
 11.32  proportion of empty beverage and soap containers by type 
 11.33  returned to processors for recycling measured in the manner 
 11.34  prescribed in section 115F.31. 
 11.35     Subd. 50.  [REDEMPTION AND REDEEM.] "Redemption" and 
 11.36  "redeem" means the return to a recycling center or location of 
 12.1   an empty beverage container or soap container for a refund of at 
 12.2   least the refund value. 
 12.3      Subd. 51.  [REDEMPTION PAYMENT.] "Redemption payment" means 
 12.4   the minimum amount paid by a distributor to the office for every 
 12.5   beverage container or soap container sold or transferred to a 
 12.6   dealer. 
 12.7      Subd. 52.  [REDEMPTION RATE.] "Redemption rate" means the 
 12.8   proportion of empty beverage and soap containers returned to 
 12.9   processors measured in the manner prescribed in section 115F.31. 
 12.10     Subd. 53.  [REFILLABLE BEVERAGE CONTAINER.] "Refillable 
 12.11  beverage container" means any aluminum beverage container, 
 12.12  bimetal beverage container, glass beverage container, plastic 
 12.13  beverage container, or other beverage container, holding 150 
 12.14  fluid ounces or less of beverage, which has a minimum deposit of 
 12.15  five cents and which ordinarily would be returned to the 
 12.16  manufacturer to be refilled and resold. 
 12.17     Subd. 54.  [REFUND VALUE.] "Refund value" means the minimum 
 12.18  refundable value established for each type of beverage container 
 12.19  or soap container under section 115F.31 that is paid by the 
 12.20  following: 
 12.21     (1) a certified recycling center to the consumer or 
 12.22  drop-off or collection center for each beverage container 
 12.23  redeemed by the consumer or drop-off or collection center; 
 12.24     (2) a processor to a certified recycling center, drop-off 
 12.25  or collection program, curbside program, or nonprofit drop-off 
 12.26  program for each beverage container received from the certified 
 12.27  recycling center, drop-off or collection program, curbside 
 12.28  program, or nonprofit drop-off program; and 
 12.29     (3) the office to a processor, for every beverage container 
 12.30  received by the processor from a certified recycling center, 
 12.31  curbside program, drop-off or collection program, or nonprofit 
 12.32  drop-off program. 
 12.33     Subd. 55.  [REVERSE VENDING MACHINE.] "Reverse vending 
 12.34  machine" means a mechanical device that accepts one or more 
 12.35  types of empty beverage containers or soap containers and issues 
 12.36  a cash refund or a redeemable credit slip with a value not less 
 13.1   than the container's refund value.  The refund value payments 
 13.2   shall be aggregated and then paid if more than one container is 
 13.3   redeemed in a single transaction. 
 13.4      Subd. 56.  [RURAL REGION RECYCLER.] "Rural region recycler" 
 13.5   means an operator that is certified under section 115F.51, 
 13.6   paragraph (b), and that accepts or collects empty beverage and 
 13.7   soap containers from consumers under section 115F.57 with the 
 13.8   intention to recycle them. 
 13.9      Subd. 57.  [SCRAP VALUE.] "Scrap value" means the price 
 13.10  paid for container material types subject to this chapter after 
 13.11  shipping and handling costs are deducted. 
 13.12     Subd. 58.  [SOAP CONTAINER.] "Soap container" means an 
 13.13  individual, separate plastic bottle in which a cleaning solvent 
 13.14  is sold. 
 13.15     Subd. 59.  [SUPERMARKET.] "Supermarket" means a full-line, 
 13.16  self-service retail store with gross annual sales of $2,000,000 
 13.17  or more, and which sells a line of dry grocery, canned goods, or 
 13.18  nonfood items and some perishable items.  For purposes of 
 13.19  determining which dealers are supermarkets, the office shall use 
 13.20  the annual updates of the Progressive Grocer Marketing Guidebook 
 13.21  and any computer printouts developed in conjunction with the 
 13.22  guidebook. 
 13.23     Subd. 60.  [SUPERMARKET SITE.] "Supermarket site" means any 
 13.24  certified recycling center that redeems all types of empty 
 13.25  beverage and soap containers in accordance with section 115F.57, 
 13.26  and is located within, outside and immediately adjacent to the 
 13.27  entrance of, or at or within a parking lot or loading area 
 13.28  surrounding a supermarket that is the focal point of a 
 13.29  convenience zone, or a dealer that is located within that zone, 
 13.30  and which is accessible to motor traffic. 
 13.31     Subd. 61.  [UNIVERSAL PRODUCT CODE.] Universal product 
 13.32  code" is an 11-digit, all-numeric code that represents a 
 13.33  beverage container or soap container or other consumer package 
 13.34  of a particular brand, size, type, and manufacturer by using a 
 13.35  series of alternating bars and spaces for electronic scanning. 
 13.36     Subd. 62.  [USE OR CONSUMPTION.] "Use or consumption" 
 14.1   includes the exercise of any right or power over a beverage 
 14.2   incidental to the beverage's ownership, including, but not 
 14.3   limited to, drinking the beverage.  Use or consumption does not 
 14.4   include the sale, or the keeping or retention of a beverage for 
 14.5   the purposes of sale. 
 14.6      Subd. 63.  [VOLUNTARY ARTIFICIAL SCRAP VALUE.] "Voluntary 
 14.7   artificial scrap value" means a price paid by a willing 
 14.8   purchaser for empty PET containers, under section 115F.67, that, 
 14.9   when combined with payments made from the PET processing fee 
 14.10  account under section 115F.66, paragraph (f), is equal to, or 
 14.11  more than, the recycling cost for empty PET containers, as 
 14.12  determined in section 115F.66, paragraph (d). 
 14.13     Subd. 64.  [WINE AND DISTILLED SPIRIT COOLER.] "Wine and 
 14.14  distilled spirit cooler" means a beverage containing wine or 
 14.15  distilled spirits to which is added concentrated or 
 14.16  unconcentrated juice or flavoring material and containing not 
 14.17  more than seven percent alcohol by volume. 
 14.18     Sec. 5.  [115F.04] [FINANCIAL ANALYSIS AND POLICY 
 14.19  DEVELOPMENT DIVISION.] 
 14.20     There is created within the office a recycling financial 
 14.21  analysis and policy development division to develop, analyze, 
 14.22  consolidate, and evaluate economic and policy proposals to carry 
 14.23  out the objectives of this chapter, including, but not limited 
 14.24  to, all of the following: 
 14.25     (1) evaluating the solvency of the fund and the account on 
 14.26  an ongoing basis in order to make recommendations and report to 
 14.27  the legislature; 
 14.28     (2) identifying the fiscal impacts of proposed recycling 
 14.29  programs or changes to existing recycling programs; 
 14.30     (3) assessing the economic impacts of recycling proposals 
 14.31  and programs on the state's citizens and businesses, including 
 14.32  the impact of adding new container types into existing law; and 
 14.33     (4) developing recommendations to better integrate the 
 14.34  various recycling alternatives available from state government, 
 14.35  local government, and private industry with the objective of 
 14.36  reducing recycling cost to citizens and businesses and meeting 
 15.1   the 80 percent recycling goal established by this chapter. 
 15.2      Sec. 6.  [115F.05] [RULES.] 
 15.3      The director may adopt rules that the director determines 
 15.4   may be necessary or useful to carry out this chapter or any of 
 15.5   the office's duties or responsibilities imposed under this 
 15.6   chapter. 
 15.7      Sec. 7.  [115F.06] [OTHER AGENCIES.] 
 15.8      In carrying out this chapter, the office may request all 
 15.9   expertise available in other state agencies.  Where an existing 
 15.10  state agency performs functions of a similar nature to the 
 15.11  office's functions, the office may contract with, or cooperate 
 15.12  with, the agency in carrying out this chapter. 
 15.13     Sec. 8.  [115F.07] [OFFICE OF ENVIRONMENTAL ASSISTANCE 
 15.14  AUDITS.] 
 15.15     The office shall keep accurate books, records, and accounts 
 15.16  of all of its dealings, and these books, records, and accounts 
 15.17  are subject to an annual audit by an auditing firm selected by 
 15.18  the office.  The auditing firm or the office shall also conduct 
 15.19  a selective audit of entities making payments to, or receiving 
 15.20  payments from, the office to determine whether redemption 
 15.21  payments and applicable processing fees are being paid to the 
 15.22  office on all beverage and soap containers sold in Minnesota, 
 15.23  and that refund values and processing payments are being paid 
 15.24  out properly by the office. 
 15.25     Sec. 9.  [115F.10] [RECYCLING CENTER CERTIFICATION.] 
 15.26     (a) The office shall certify the operators of recycling 
 15.27  centers under this section.  The director shall adopt, by rule, 
 15.28  a procedure for the certification of recycling centers, 
 15.29  including standards and requirements for certification.  These 
 15.30  rules shall require that all information be submitted to the 
 15.31  office under penalty of perjury.  A recycling center shall meet 
 15.32  all of the standards and requirements contained in the rules for 
 15.33  certification.  The rules shall require, but shall not be 
 15.34  limited to requiring, that all of the following conditions be 
 15.35  met for certification: 
 15.36     (1) the operator of the recycling center demonstrates, to 
 16.1   the satisfaction of the office, that the operator will operate 
 16.2   in accordance with this chapter; 
 16.3      (2) if one or more certified entities have operated at the 
 16.4   same location within the past five years, the operations at the 
 16.5   location of the recycling center exhibit, to the satisfaction of 
 16.6   the office, a pattern of operation in compliance with the 
 16.7   requirements of this chapter and rules adopted under this 
 16.8   chapter; and 
 16.9      (3) the operator of the recycling center notifies the 
 16.10  office promptly of any material change in the nature of its 
 16.11  operations that conflicts with information submitted in the 
 16.12  operator's application for certification. 
 16.13     (b) A certified recycling center shall comply with all of 
 16.14  the following requirements for operation: 
 16.15     (1) the operator of the recycling center shall not pay a 
 16.16  refund value for, or receive a refund value from any processor 
 16.17  for, any food or drink packaging material or any beverage 
 16.18  container or soap container or other product that does not have 
 16.19  a refund value established under section 115F.40; 
 16.20     (2) the operator of a recycling center shall take those 
 16.21  actions that satisfy the office to prevent the payment of a 
 16.22  refund value for any food or drink packaging material or any 
 16.23  beverage container or soap container or other product that does 
 16.24  not have a refund value established under section 115F.40; 
 16.25     (3) unless exempted under section 115F.57, paragraph (b), a 
 16.26  certified recycling center shall accept and pay at least the 
 16.27  refund value for all empty beverage and soap containers 
 16.28  regardless of type; 
 16.29     (4) a certified recycling center shall not pay any refund 
 16.30  values, processing payments, or administrative fees to a 
 16.31  noncertified recycler; 
 16.32     (5) a certified recycling center shall not pay any refund 
 16.33  values, processing payments, or administrative fees on empty 
 16.34  beverage containers or other containers that the certified 
 16.35  recycling center knew, or should have known, were coming into 
 16.36  the state from out of the state; 
 17.1      (6) a certified recycling center shall not claim refund 
 17.2   values, processing payments, or administrative fees on empty 
 17.3   beverage containers that the certified recycling center knew, or 
 17.4   should have known, were received from noncertified recyclers or 
 17.5   on beverage containers that the certified recycling center knew, 
 17.6   or should have known, came from out of the state; 
 17.7      (7) a certified recycling center shall prepare and maintain 
 17.8   the following documents involving empty beverage and soap 
 17.9   containers, as specified by the office by rule: 
 17.10     (i) shipping reports that are required to be prepared by 
 17.11  the recycling center or that are required to be obtained from 
 17.12  other recycling centers; 
 17.13     (ii) consumer transaction receipts; 
 17.14     (iii) consumer transaction logs; 
 17.15     (iv) rejected container receipts on materials subject to 
 17.16  this chapter; 
 17.17     (v) receipts for transactions with beverage or soap 
 17.18  manufacturers on materials subject to this chapter; 
 17.19     (vi) receipts for transactions with beverage distributors 
 17.20  on materials subject to this chapter; 
 17.21     (vii) documents authorizing the recycling center to cancel 
 17.22  empty beverage containers or soap containers; and 
 17.23     (viii) weight tickets; and 
 17.24     (8) in addition to the requirements of clause (7), a 
 17.25  certified recycling center shall cooperate with the office and 
 17.26  make available its records of scrap transactions when the review 
 17.27  of these records is necessary for an audit or investigation by 
 17.28  the office. 
 17.29     (c) The office may recover, in restitution under section 
 17.30  115F.72, paragraph (c), clause (5), payments made from the fund 
 17.31  to the certified recycling center under section 115F.61, that 
 17.32  are based on the documents specified in paragraph (b), clause 
 17.33  (7), that are not prepared or maintained in compliance with the 
 17.34  office's rules, and that do not allow the office to verify 
 17.35  claims for program payments. 
 17.36     (d) The office may certify a recycling center that will 
 18.1   operate less than 30 hours a week, as specified in section 
 18.2   115F.51, paragraph (b), clause (2). 
 18.3      Sec. 10.  [115F.11] [PROCESSOR CERTIFICATION.] 
 18.4      (a) The office shall certify processors under this 
 18.5   section.  The director shall adopt, by rule, requirements and 
 18.6   standards for certification.  The rules shall require, but shall 
 18.7   not be limited to requiring, that all of the following 
 18.8   conditions be met for certification: 
 18.9      (1) the processor demonstrates to the satisfaction of the 
 18.10  office that the processor will operate in accordance with this 
 18.11  chapter; 
 18.12     (2) if one or more certified entities have operated at the 
 18.13  same location within the past five years, the operations at the 
 18.14  location of the processor exhibit, to the satisfaction of the 
 18.15  office, a pattern of operation in compliance with the 
 18.16  requirements of this chapter and rules adopted under this 
 18.17  chapter; and 
 18.18     (3) the processor notifies the office promptly of any 
 18.19  material change in the nature of the processor's operations that 
 18.20  conflicts with the information submitted in the operator's 
 18.21  application for certification. 
 18.22     (b) A certified processor shall comply with all of the 
 18.23  following requirements for operation: 
 18.24     (1) the processor shall not pay a refund value for, or 
 18.25  receive a refund value from the office for, any food or drink 
 18.26  packaging material or any beverage container or soap container 
 18.27  or other product that does not have a refund value established 
 18.28  under section 115F.40; 
 18.29     (2) the processor shall take those actions that satisfy the 
 18.30  office to prevent the payment of a refund value for any food or 
 18.31  drink packaging material or any beverage container or soap 
 18.32  container or other product that does not have a refund value 
 18.33  established under section 115F.40; 
 18.34     (3) unless exempted under section 115F.57, paragraph (b), 
 18.35  the processor shall accept and pay at least the refund value for 
 18.36  all empty beverage and soap containers regardless of type for 
 19.1   which the processor is certified; 
 19.2      (4) a processor shall not pay any refund values, processing 
 19.3   payments, or administrative fees to a noncertified recycler, but 
 19.4   may pay refund values, processing payments, or administrative 
 19.5   fees to any entity that is identified by the office on its list 
 19.6   of certified recycling centers; 
 19.7      (5) a processor shall not pay any refund values, processing 
 19.8   payments, or administrative fees on empty beverage and soap 
 19.9   containers or other containers that the processor knew or should 
 19.10  have known were coming into the state from out of the state; 
 19.11     (6) a processor shall not claim refund values, processing 
 19.12  payments, or administrative fees on empty beverage containers or 
 19.13  soap containers that the processors knew or should have known 
 19.14  were received from noncertified recyclers or on beverage 
 19.15  containers or soap containers that the processor knew or should 
 19.16  have known came from out of the state; 
 19.17     (7) a processor shall take the actions necessary and 
 19.18  approved by the office to cancel containers to render them unfit 
 19.19  for redemption; 
 19.20     (8) a processor shall prepare or maintain the following 
 19.21  documents involving empty beverage containers or soap containers 
 19.22  as specified by the office by rule: 
 19.23     (i) shipping reports that are required to be prepared by 
 19.24  the processor or that are required to be obtained from recycling 
 19.25  centers; 
 19.26     (ii) processor invoice reports; 
 19.27     (iii) cancellation verification documents; 
 19.28     (iv) documents authorizing recycling centers to cancel 
 19.29  empty beverage containers or soap containers; 
 19.30     (v) processor-to-processor transaction receipts; 
 19.31     (vi) rejected container receipts on materials subject to 
 19.32  this chapter; 
 19.33     (vii) receipts for transactions with beverage or soap 
 19.34  manufacturers on materials subject to this chapter; 
 19.35     (viii) receipts for transactions with distributors on 
 19.36  materials subject to this chapter; and 
 20.1      (ix) weight tickets; 
 20.2      (9) in addition to the requirements of clause (7), a 
 20.3   processor shall cooperate with the office and make available its 
 20.4   records of scrap transactions when the review of these records 
 20.5   is necessary for an audit or investigation by the office; and 
 20.6      (10) the office may recover, in restitution under section 
 20.7   115F.72, paragraph (c), clause (5), any payments made by the 
 20.8   office to the processor under section 115F.60 that are based on 
 20.9   the documents specified in clause (8) that are not prepared or 
 20.10  maintained in compliance with the office's rules and that do not 
 20.11  allow the office to verify claims for program payments. 
 20.12     Sec. 11.  [115F.12] [DROP-OFF AND COLLECTION PROGRAM 
 20.13  CERTIFICATION.] 
 20.14     (a) The office shall certify drop-off and collection 
 20.15  programs under this section.  The director shall adopt, by rule, 
 20.16  requirements and standards for certification and a drop-off or 
 20.17  collection program shall meet all the standards and requirements 
 20.18  contained in the rules for certification.  The rules shall 
 20.19  require that all information be submitted to the office under 
 20.20  penalty of perjury.  The rules shall require that a certified 
 20.21  drop-off or collection program: 
 20.22     (1) demonstrates, to the satisfaction of the office, that 
 20.23  the drop-off or collection program will operate in accordance 
 20.24  with this chapter; and 
 20.25     (2) notifies the office promptly of any material change in 
 20.26  the nature of its operations that conflicts with the information 
 20.27  submitted in the application for certification. 
 20.28     (b) A certified drop-off or collection program shall not 
 20.29  receive any refund value or processing payment on an empty 
 20.30  beverage container or soap container that the certified drop-off 
 20.31  or collection program knew, or should have known, was received 
 20.32  from a noncertified recycler; on any beverage container or soap 
 20.33  container that the certified drop-off or collection program knew 
 20.34  or should have known came from out of this state; on any other 
 20.35  beverage container or soap container or other product that does 
 20.36  not have a refund value established under section 115F.40. 
 21.1      (c) The office may recover, in restitution, under section 
 21.2   115F.72, paragraph (c), clause (5), any payment made from the 
 21.3   fund to a drop-off or collection program under section 115F.61 
 21.4   that is based on a document that is not prepared or maintained 
 21.5   in compliance with any applicable recordkeeping requirements 
 21.6   required under this chapter or the office's rules and that does 
 21.7   not allow the office to verify the claims for those payments. 
 21.8      Sec. 12.  [115F.13] [RECYCLING CENTER AND PROCESSOR 
 21.9   VERIFICATION.] 
 21.10     The office may review and verify all applications for 
 21.11  certification of recycling centers and processors and may 
 21.12  conduct a comprehensive field investigation of any applicant in 
 21.13  any manner that the office deems necessary to promote the 
 21.14  purposes of this chapter.  The office may certify the same 
 21.15  location or entity as both a processor and a recycling center. 
 21.16     Sec. 13.  [115F.14] [PROBATIONARY CERTIFICATION.] 
 21.17     (a) The office may issue a certificate under an initial or 
 21.18  renewal application for certification as probationary, and the 
 21.19  office may issue any other certificate as probationary under an 
 21.20  enforcement action. 
 21.21     (b) A probationary certificate issued under this section 
 21.22  shall be issued for a limited period of not more than two years. 
 21.23  Before the end of the probationary period, the office shall 
 21.24  issue a nonprobationary certificate, extend the probationary 
 21.25  period for not more than one year, or, after notice to the 
 21.26  probationary certificate holder, revoke the probationary 
 21.27  certificate.  Subsequent to the revocation, the former 
 21.28  probationary certificate holder may request a hearing to be 
 21.29  conducted in the same form as a hearing for an applicant whose 
 21.30  original application for certification is denied. 
 21.31     (c) If a hearing is requested under paragraph (b) and the 
 21.32  party requesting the hearing fails to appear on the date 
 21.33  scheduled and does not notify the office at least five days 
 21.34  prior to the hearing date that the party will not appear, the 
 21.35  office may recover from the party all costs and fees incurred by 
 21.36  the office, including attorney and experts fees, and any other 
 22.1   cost associated with preparing for or conducting the hearing. 
 22.2      (d) If conditions are imposed on the certificate holder as 
 22.3   part of a disciplinary proceeding conducted under section 
 22.4   115F.72, the certificate shall be considered probationary.  If 
 22.5   at any time the certificate holder violates any term or 
 22.6   condition of the probationary certificate, the certificate may 
 22.7   be revoked or suspended after three days' notice without any 
 22.8   further hearing by the office. 
 22.9      Sec. 14.  [115F.15] [GLASS CONTAINER MANUFACTURERS; 
 22.10  REQUIREMENTS.] 
 22.11     (a) Every glass container manufacturer shall report to the 
 22.12  office each month, by a method as determined by the office, the 
 22.13  amount of total tons of new glass food, drink, and beverage 
 22.14  containers made in Minnesota by that glass container 
 22.15  manufacturer and the tons of Minnesota postfilled glass used in 
 22.16  the manufacturing of those new containers. 
 22.17     (b) Each glass container manufacturer in the state shall 
 22.18  use a minimum percentage of 35 percent of postfilled glass in 
 22.19  the manufacturing of its glass food, drink, and beverage 
 22.20  containers measured in the aggregate on an annual basis, except 
 22.21  that if a glass container manufacturer demonstrates to the 
 22.22  satisfaction of the office that its use of postfilled glass 
 22.23  during the annual period is made up of at least 75 percent 
 22.24  mixed-color cullet, then that manufacturer shall use a minimum 
 22.25  percentage of 25 percent postfilled glass in the manufacturing 
 22.26  of its glass food, drink, and beverage containers measured in 
 22.27  the aggregate on an annual basis. 
 22.28     (c) A glass container manufacturer may seek a reduction or 
 22.29  waiver of the minimum postfilled glass percentage required to be 
 22.30  used in the manufacture of glass food, drink, and beverage 
 22.31  containers under paragraph (b).  The office may grant a 
 22.32  reduction or waiver of the percentage requirement if it finds 
 22.33  and determines that it is technologically infeasible for the 
 22.34  glass container manufacturer to achieve the percentage 
 22.35  requirement or if the office determines that a glass container 
 22.36  manufacturer cannot achieve the minimum percentage because of a 
 23.1   lack of available glass cullet. 
 23.2      (d) For the purposes of this section, "mixed-color cullet" 
 23.3   means cullet that does not meet the American Society for Testing 
 23.4   and Materials (ASTM) standard specifications for color mix of 
 23.5   color-sorted postfilled glass as raw materials for the 
 23.6   manufacture of glass containers. 
 23.7      Sec. 15.  [115F.20] [QUALITY GLASS INCENTIVE PAYMENTS.] 
 23.8      In order to improve the quality and marketability of glass 
 23.9   containers collected for recycling in the state by curbside 
 23.10  recycling programs, the office may pay a quality glass incentive 
 23.11  payment to either an operator of a curbside recycling program 
 23.12  registered under section 115F.33 or to any other entity 
 23.13  certified under this chapter that color sorts glass beverage 
 23.14  containers for recycling.  The office shall make a quality glass 
 23.15  incentive payment based on all of the following: 
 23.16     (1) the amount of the quality glass incentive payment shall 
 23.17  be up to $25 per ton as determined by the office; 
 23.18     (2) the office shall make a quality glass incentive payment 
 23.19  only for color-sorted glass beverage containers that are 
 23.20  substantially free of contamination; 
 23.21     (3) the office shall make a quality glass incentive payment 
 23.22  only for glass beverage containers that are either collected 
 23.23  color-sorted by curbside recycling programs or collected 
 23.24  commingled by curbside recycling programs and subsequently 
 23.25  color-sorted by the collector or any other entity certified 
 23.26  under this chapter; and 
 23.27     (4) only one payment shall be made for each color-sorted 
 23.28  glass beverage container or soap container collected. 
 23.29     Sec. 16.  [115F.21] [COMMINGLED RATES FOR BEVERAGE 
 23.30  CONTAINERS.] 
 23.31     Within 90 days after the effective date of this section and 
 23.32  annually thereafter, or more frequently as determined to be 
 23.33  necessary by the office, the office shall review and, if 
 23.34  necessary in order to ensure payment of the most accurate 
 23.35  commingled rate feasible, recalculate commingled rates paid for 
 23.36  beverage containers and postfilled containers paid to curbside 
 24.1   recycling programs, collection programs, and recycling centers.  
 24.2   Prior to recalculating a commingled rate under this section, the 
 24.3   office shall: 
 24.4      (1) consult with private and public operators of curbside 
 24.5   recycling programs, collection programs, and recycling centers 
 24.6   concerning the size of the statewide sample, appropriate 
 24.7   sampling methodologies, and alternatives to exclusive reliance 
 24.8   on a statewide commingled rate; 
 24.9      (2) at least 60 days prior to the effective date of any new 
 24.10  commingled rate, hold a public hearing after giving notice to 
 24.11  make available to the public and affected parties the office's 
 24.12  review and any proposed recalculations of the commingled rate; 
 24.13  and 
 24.14     (3) at least 60 days prior to the effective date of any new 
 24.15  commingled rate and upon the request of any party, make 
 24.16  available documentation or studies that were prepared as part of 
 24.17  the office's review of a commingled rate. 
 24.18     Sec. 17.  [115F.22] [CURBSIDE AND DROP-OFF PROGRAM 
 24.19  PAYMENTS] 
 24.20     (a) The office shall annually make payments to operators of 
 24.21  curbside programs and neighborhood drop-off programs that accept 
 24.22  all types of empty beverage containers and soap containers for 
 24.23  recycling.  The payments shall be for each container collected 
 24.24  by the curbside or neighborhood drop-off programs and properly 
 24.25  reported to the office by processors. 
 24.26     (b) The amounts paid under this section shall be expended 
 24.27  by operators of curbside and neighborhood drop-off programs only 
 24.28  for activities related to beverage container or soap container 
 24.29  recycling. 
 24.30     (c) The office shall disburse payments under this section 
 24.31  not sooner than the sixth month of the fiscal year following the 
 24.32  fiscal year for which the payments are being made subject to the 
 24.33  availability of funds. 
 24.34     (d) The operator of a curbside program or neighborhood 
 24.35  drop-off program shall make available for inspection and review 
 24.36  any relevant record that the office determines is necessary to 
 25.1   verify compliance with this section. 
 25.2      Sec. 18.  [115F.30] [PROCESSOR AND DISTRIBUTOR REPORTS.] 
 25.3      (a) Every processor shall report to the office for each 
 25.4   month the amount of empty beverage and soap containers, by 
 25.5   material type and weight of container or material, excluding 
 25.6   refillable beverage containers received from recycling centers 
 25.7   and curbside programs for recycling and the scrap value paid for 
 25.8   glass, PET, and bimetal containers and any beverage container or 
 25.9   soap container that is assessed a processing fee.  Every 
 25.10  processor shall also report to the office for each month the 
 25.11  amount of other postfilled aluminum, glass, and plastic food and 
 25.12  drink packaging materials sold filled to consumers in this state 
 25.13  and returned for recycling.  These reports shall be submitted 
 25.14  within ten days after each month in the form and manner that the 
 25.15  office may prescribe.  The office shall treat all information 
 25.16  reported under this section by a processor as commercial or 
 25.17  financial information subject to the procedures established 
 25.18  under section 115F.38. 
 25.19     (b) Every distributor who sells or offers for sale in this 
 25.20  state beverages in aluminum beverage containers, nonaluminum 
 25.21  metal beverage containers, glass beverage containers, plastic 
 25.22  beverage containers, or other beverage containers, including 
 25.23  refillable beverage containers of these types, or cleaning 
 25.24  products in soap containers shall report to the office for each 
 25.25  month the number of beverages and cleaning products sold in 
 25.26  these beverage containers or soap containers in this state, 
 25.27  which are labeled under section 115F.42, by material type and 
 25.28  size and weight of container or any other method as the office 
 25.29  may prescribe.  These reports shall be submitted by the date 
 25.30  when payment is due consistent with the applicable payment 
 25.31  schedule specified in section 115F.65, paragraph (a), in the 
 25.32  form and manner, which the office may prescribe. 
 25.33     (c) Every distributor who sells or offers for sale in this 
 25.34  state beverages in refillable beverage containers and who pays a 
 25.35  refund value to distributors, dealers, or consumers who return 
 25.36  these containers for refilling shall report to the office for 
 26.1   each month the number of these beverage containers returned 
 26.2   empty to be refilled by material type and size of container or 
 26.3   any other method which the office may prescribe.  These reports 
 26.4   shall be submitted by the date when payment is due consistent 
 26.5   with the schedule specified in section 115F.65, paragraph (a), 
 26.6   in the form and manner which the office may prescribe. 
 26.7      (d) Notwithstanding paragraph (b), a distributor who elects 
 26.8   to make an annual payment under section 115F.65, paragraph (b), 
 26.9   may, upon the approval of the office, submit the reports 
 26.10  required by this section annually to the office.  The reports 
 26.11  shall accompany the annual payment submitted under section 
 26.12  115F.65. 
 26.13     Sec. 19.  [115F.31] [REDEMPTION AND RECYCLING RATES.] 
 26.14     (a) The office shall establish reporting periods for the 
 26.15  reporting of redemption rates and recycling rates.  Each 
 26.16  reporting period shall be six months.  The office shall 
 26.17  determine all of the following for each reporting period and 
 26.18  shall issue a report on its determinations within 130 days of 
 26.19  the end of each reporting period on: 
 26.20     (1) sales of beverages in aluminum beverage containers, 
 26.21  bimetal beverage containers, glass beverage containers, plastic 
 26.22  beverage containers, and other beverage containers or soap 
 26.23  containers in this state, including refillable beverage 
 26.24  containers; and 
 26.25     (2) returns for recycling and returns not for recycling of 
 26.26  empty aluminum beverage containers, bimetal beverage containers, 
 26.27  glass beverage containers, plastic beverage containers and soap 
 26.28  containers, and other beverage containers in this state, 
 26.29  including refillable beverage containers returned to 
 26.30  distributors under section 115F.57 calculated using the average 
 26.31  current weights of beverage containers and soap containers as 
 26.32  determined and reported by the office. 
 26.33     (b) The office shall determine the manner of collecting the 
 26.34  information for the reports specified in paragraph (a), 
 26.35  including establishing procedures to protect any proprietary 
 26.36  information concerning the sales and purchases. 
 27.1      Sec. 20.  [115F.32] [INFORMATION AVAILABILITY.] 
 27.2      The office shall make available the information collected 
 27.3   under section 115F.31, paragraph (a), concerning the volumes of 
 27.4   materials collected from certified recycling centers only to a 
 27.5   governmental agency that requests the information, including a 
 27.6   city or county or an entity specifically designated by the city 
 27.7   or county to receive the information if the entity requests the 
 27.8   information, if the following conditions are met: 
 27.9      (1) the request is made in writing; 
 27.10     (2) all information provided by the office is provided 
 27.11  using the aggregate amounts collected in the city or county 
 27.12  unless the city or county or an entity specifically designated 
 27.13  by the city or county to receive the information requests the 
 27.14  information provided by each individual certified recycling 
 27.15  center; and 
 27.16     (3) all information provided to the governmental agency, 
 27.17  including a city or county or an entity specifically designated 
 27.18  by the city or county to receive the information is considered 
 27.19  proprietary and confidential in nature and protected. 
 27.20     Sec. 21.  [115F.33] [CURBSIDE PROGRAM REGISTRATION.] 
 27.21     (a) The office shall register the operators of curbside 
 27.22  programs under this section. 
 27.23     (b) Each curbside program that receives refund values and 
 27.24  administrative fees from certified processors or that receives 
 27.25  refund values from certified recycling centers shall register 
 27.26  with the office for an identification number.  No curbside 
 27.27  program may receive refund values or administrative fees without 
 27.28  a valid identification number. 
 27.29     (c) The director shall adopt, by rule, a procedure for the 
 27.30  registration of curbside programs.  This procedure shall include 
 27.31  standards and requirements for registration.  These rules shall 
 27.32  require that all information be submitted to the office under 
 27.33  penalty of perjury.  A curbside program shall meet all of the 
 27.34  standards and requirements contained in the rules for 
 27.35  registration. 
 27.36     (d) The office shall require that the identification 
 28.1   numbers received under this section be used on shipping reports 
 28.2   for material collected by curbside programs under sections 
 28.3   115F.10 and 115F.11 and on all other reports or documentation 
 28.4   required by the office to administer this chapter. 
 28.5      (e) An operator of a curbside program registered under this 
 28.6   section shall be deemed a certificate holder for purposes of 
 28.7   this chapter. 
 28.8      Sec. 22.  [115F.34] [PARTICIPANT AUDITS.] 
 28.9      (a) The office shall establish and implement an auditing 
 28.10  system to ensure that the information collected and refund 
 28.11  values and redemption payments paid under this chapter comply 
 28.12  with the purposes of this chapter. 
 28.13     (b) Notwithstanding any other provision of law establishing 
 28.14  a shorter statute of limitation, the office may take an 
 28.15  enforcement action, including, but not limited to, an action for 
 28.16  restitution or to impose penalties at any time within two years 
 28.17  after the office discovers, or with reasonable diligence, should 
 28.18  have discovered a violation of this chapter or the rules adopted 
 28.19  under this chapter. 
 28.20     (c) During the conduct of any inspection, including, but 
 28.21  not limited to, an inspection conducted as part of an audit or 
 28.22  investigation, the entity that is the subject of the inspection 
 28.23  shall during its normal business hours provide the office with 
 28.24  immediate access to its facilities, operations, and any relevant 
 28.25  record, that in the office's judgment, the office determines are 
 28.26  necessary to carry out this section to verify compliance with 
 28.27  this chapter and the rules adopted under this chapter. 
 28.28     (d) The auditing system adopted by the office shall allow 
 28.29  for reasonable shrinkage in material due to moisture, dirt, and 
 28.30  foreign material.  The office, after an audit by a qualified 
 28.31  auditing firm and a hearing, shall adopt a standard to be used 
 28.32  to account for shrinkage and shall incorporate this standard in 
 28.33  the audit process. 
 28.34     (e) If the office prevails against any entity in any civil 
 28.35  or administrative action brought under this chapter and money is 
 28.36  owed to the office as a result of the action, the office may 
 29.1   offset the amount against amounts claimed by the entity to be 
 29.2   due to it from the office.  The office may take this offset by 
 29.3   withholding payments from the entity or by authorizing all 
 29.4   processors to withhold payment to a certified recycling center. 
 29.5      (f) If the office determines under an audit or 
 29.6   investigation that a distributor or beverage or soap 
 29.7   manufacturer has overpaid the redemption payment or processing 
 29.8   fee, the office may: 
 29.9      (1) offset the overpayment against future payments; or 
 29.10     (2) refund the payment. 
 29.11     Sec. 23.  [115F.35] [STANDARDIZED REJECTION FORM.] 
 29.12     (a) The office shall supply all certified processors with a 
 29.13  standardized rejection form, which shall include, but not be 
 29.14  limited to, the name of the parties rejecting the postfilled 
 29.15  glass material, the date of the rejections, the reasons for the 
 29.16  rejections, the amount of rejected material, and a detailed 
 29.17  accounting of the steps taken by the processor and glass 
 29.18  container manufacturer to avert landfilling or disposal of the 
 29.19  material as required by section 115F.36, paragraph (c). 
 29.20     (b) Every glass container manufacturer shall fill out the 
 29.21  standardized rejection form specified in paragraph (a) whenever 
 29.22  that glass container manufacturer rejects a load of redeemed 
 29.23  glass materials physically delivered to the manufacturer's place 
 29.24  of business and offered for sale by a certified processor.  The 
 29.25  rejection form shall be filled out by the glass container 
 29.26  manufacturer at the time of the rejection and immediately given 
 29.27  to the certified processor for submittal to the office.  Any 
 29.28  glass container manufacturer who refuses to fill out the 
 29.29  standardized rejection form required by this paragraph is in 
 29.30  violation of this chapter and is subject to the fines and 
 29.31  penalties in section 115F.70. 
 29.32     (c) If a processor has made a good-faith effort, as 
 29.33  determined by the office, to locate a willing purchaser and is 
 29.34  unsuccessful, the processor may fill out the standardized 
 29.35  rejection form specified in paragraph (a) and submit it to the 
 29.36  office.  The processor rejection form shall include, but is not 
 30.1   limited to, the name of the processor, the glass container 
 30.2   manufacturers and other potential purchasers contacted, a 
 30.3   detailed accounting of the methods used to contact the potential 
 30.4   buyers, the date of the rejections, the reasons given for the 
 30.5   rejections, the amount of postfilled glass rejected, and any 
 30.6   other steps taken to avert landfilling or disposal of the 
 30.7   material. 
 30.8      (d) If a glass container manufacturer rejects a load of 
 30.9   postfilled glass containers by telephone, written correspondence 
 30.10  of any kind, or other similar method, the glass container 
 30.11  manufacturer shall in a manner prescribed by the office keep 
 30.12  accurate logbooks of the offer of loads by the certified 
 30.13  processor and make that logbook available for inspection by the 
 30.14  office upon demand.  The logbook shall contain, but is not 
 30.15  limited to, the same information required in the rejection form 
 30.16  under paragraph (a). 
 30.17     (e) The standardized rejection form specified in paragraph 
 30.18  (a) shall be submitted to the office by the certified processor 
 30.19  with the written request to dispose of the redeemed material 
 30.20  submitted under section 115F.36.  This material shall not be 
 30.21  disposed of without a written authorization to do so by the 
 30.22  office under section 115F.36. 
 30.23     (f) Nothing in this section shall be interpreted to lessen 
 30.24  certified processor and glass container manufacturer's 
 30.25  responsibilities relating to glass container recycling, or 
 30.26  diminish in any way the office's authority to carry out the 
 30.27  intent and goals of this chapter. 
 30.28     Sec. 24.  [115F.36] [POSTFILLED CONTAINER DISPOSAL.] 
 30.29     (a) A certified processor seeking to dispose of rejected 
 30.30  postfilled containers shall not dispose of rejected postfilled 
 30.31  containers unless the certified processor first submits to the 
 30.32  office, in writing, a request to dispose of the rejected 
 30.33  material.  A certified processor shall not dispose of the 
 30.34  rejected material prior to obtaining written permission from the 
 30.35  office.  If the office fails to respond to a written request to 
 30.36  dispose of rejected postfilled glass within ten days of receipt 
 31.1   of the request, the processor's request for disposal is deemed 
 31.2   approved by the office. 
 31.3      (b) All rejected loads of postfilled containers shall be 
 31.4   available and subject to inspection by the office. 
 31.5      (c) All possible steps to avert the disposal of the loads 
 31.6   of postfilled containers, as determined by the office, shall be 
 31.7   taken by all glass container manufacturers and processors.  All 
 31.8   transactions or attempted transactions involving rejecting 
 31.9   postfilled containers shall be thoroughly documented on the 
 31.10  standardized rejection form under section 115F.35.  The glass 
 31.11  container manufacturer and the certified processor are jointly 
 31.12  and severally responsible for this effort. 
 31.13     Sec. 25.  [115F.37] [REPORTS; INSPECTIONS.] 
 31.14     (a) All reports, claims, and other information required 
 31.15  under this chapter and submitted to the office shall be 
 31.16  complete, legible, and accurate as determined by the office by 
 31.17  rule and shall be signed by an officer, director, managing 
 31.18  employee, or owner of the certified recycling center, processor, 
 31.19  distributor, beverage or soap manufacturer, container 
 31.20  manufacturer, or other entity. 
 31.21     (b) The office may inspect the operations, processes, and 
 31.22  records of any entity required to submit a report to the office 
 31.23  under this chapter to determine the accuracy of the report and 
 31.24  compliance with the requirements of this chapter. 
 31.25     (c) A violation of this section is subject to the penalties 
 31.26  specified in section 115F.71. 
 31.27     Sec. 26.  [115F.38] [CONFIDENTIAL INFORMATION.] 
 31.28     The office shall establish procedures to protect any 
 31.29  privileged, confidential, commercial, or financial information 
 31.30  obtained while collecting information for carrying out the 
 31.31  requirements of this chapter. 
 31.32                         FEE ADMINISTRATION
 31.33     Sec. 27.  [115F.40] [FEES.] 
 31.34     (a) A beverage distributor shall pay the office for deposit 
 31.35  into the fund a redemption payment of: 
 31.36     (1) five cents for every beverage container or soap 
 32.1   container with a capacity of less than 24 fluid ounces that is 
 32.2   sold or offered for sale in this state by the distributor; and 
 32.3      (2) ten cents for every beverage container or soap 
 32.4   container with a capacity of 24 fluid ounces or more that is 
 32.5   sold or offered for sale in this state by the distributor. 
 32.6      (b) Except as provided in paragraph (c), every beverage 
 32.7   container or soap container sold or offered for sale in this 
 32.8   state has a minimum refund value of: 
 32.9      (1) five cents for every beverage container or soap 
 32.10  container with a capacity of less than 24 fluid ounces; and 
 32.11     (2) ten cents for every beverage container or soap 
 32.12  container of 24 fluid ounces or larger. 
 32.13     (c) The office shall periodically review the fund to: 
 32.14     (1) ensure that there are adequate funds in the fund to pay 
 32.15  refund values and other disbursements required by this chapter; 
 32.16  and 
 32.17     (2) determine if there are adequate funds to pay the refund 
 32.18  values and necessary disbursements required by this chapter and 
 32.19  notify the legislature of the need for urgent legislative action 
 32.20  if the fund is inadequate. 
 32.21     (d) On or before 180 days after the notice is sent under 
 32.22  paragraph (c), clause (2), the office may reduce or eliminate 
 32.23  expenditures, or both, from the fund as necessary to ensure that 
 32.24  there is adequate money in the fund to pay the refund values and 
 32.25  other disbursements required by this chapter. 
 32.26     (e) This section does not apply to any refillable beverage 
 32.27  container. 
 32.28     Sec. 28.  [115F.41] [DISTRIBUTOR INVOICES.] 
 32.29     (a) Except as provided in paragraph (b), the invoice or 
 32.30  other form of accounting of the transaction submitted by a 
 32.31  beverage or soap distributor to a dealer shall separately 
 32.32  identify the amount of any redemption payment imposed on 
 32.33  beverage containers or soap containers under section 115F.40 and 
 32.34  the separate identification of the invoice or other form of 
 32.35  accounting of the transaction shall not combine or include the 
 32.36  gross wholesale price with the redemption payment but shall 
 33.1   separately state the gross amount of the redemption payment for 
 33.2   each type of container included in each delivery. 
 33.3      (b) The invoice or other form of accounting of the 
 33.4   transaction submitted by any distributor of beer and malt 
 33.5   beverages or wine or distilled spirit coolers to a dealer may 
 33.6   separately identify the portion of the gross wholesale price 
 33.7   attributable to any redemption payment imposed on beverage 
 33.8   containers or soap containers under section 115F.40 and the 
 33.9   separate identification of the invoice or other form of 
 33.10  accounting of the transaction may separately state the gross 
 33.11  amount of the redemption payment for each type of container 
 33.12  included in each delivery.  The invoice or other form of 
 33.13  accounting of this transaction may separately identify the 
 33.14  portion of the gross wholesale price attributable to the 
 33.15  redemption payment. 
 33.16     (c) Notwithstanding section 115F.14, the office shall 
 33.17  randomly inspect beverage distributor invoices or other forms of 
 33.18  accounting to ensure compliance with this paragraph.  However, 
 33.19  an unintentional error in addition or subtraction on an invoice 
 33.20  or other form of accounting by a route driver of a distributor 
 33.21  is not a violation of this paragraph. 
 33.22     (d) To the extent technically and economically feasible, a 
 33.23  dealer may separately identify the amount of any redemption 
 33.24  payment on the customer cash register receipt provided to the 
 33.25  consumer by the dealer that is applied to the purchase of a 
 33.26  beverage container or soap container. 
 33.27     (e) A dealer shall separately identify the amount of any 
 33.28  redemption payment imposed on a beverage container or soap 
 33.29  container in all advertising of beverage products and on the 
 33.30  shelf labels of the dealer's establishment.  The separate 
 33.31  identification shall be accomplished by stating: 
 33.32     (1) the price of the beverage product plus a descriptive 
 33.33  term as described in paragraph (f); 
 33.34     (2) the price of the beverage product plus the amount of 
 33.35  the applicable redemption payment and a descriptive term as 
 33.36  described in paragraph (f); or 
 34.1      (3) the price of the beverage product plus the amount of 
 34.2   the applicable redemption payment and a descriptive term as 
 34.3   described in paragraph (f) and the total of these two amounts. 
 34.4      (f) For purposes of paragraph (e), the redemption payment 
 34.5   shall be identified by one of the following descriptive terms:  
 34.6   "Minnesota Redemption Value," "MN Redemption Value," "MNRV," 
 34.7   "Minnesota Cash Refund," "MN Cash Refund," or any other message 
 34.8   specified in section 115F.42. 
 34.9      (g) A dealer shall not include the redemption payment in 
 34.10  the total price of a beverage container or soap container in any 
 34.11  advertising or on the shelf of the dealer's establishment. 
 34.12     (h) This section applies only to a dealer at a dealer 
 34.13  location with a sales and storage area totaling more than 4,000 
 34.14  square feet. 
 34.15     (i) The penalties specified in sections 115F.70 and 115F.71 
 34.16  do not apply to a person who violates this section. 
 34.17     Sec. 29.  [115F.42] [BEVERAGE AND SOAP CONTAINER LABELING.] 
 34.18     (a) A beverage or soap manufacturer shall clearly indicate 
 34.19  on every beverage container or soap container sold or offered 
 34.20  for sale by that beverage manufacturer in this state the message:
 34.21     (1) "MN Redemption Value" or "Minnesota Redemption Value" 
 34.22  by either printing or embossing the beverage container or soap 
 34.23  container or by securely affixing a clear and prominent stamp, 
 34.24  label, or other device to the beverage container or soap 
 34.25  container; or 
 34.26     (2) "MN Cash Refund," "Minnesota Cash Refund," or "MN 5" if 
 34.27  the container is less than 24 ounces or "MN Cash Refund," 
 34.28  "Minnesota Cash Refund," or "MN 10" if the container is 24 
 34.29  ounces or more on a beverage container or soap container sold or 
 34.30  offered for sale by the beverage or soap manufacturer instead of 
 34.31  the message specified in clause (1), but the message shall be 
 34.32  affixed in the manner prescribed in clause (1). 
 34.33     (b) Any refillable beverage container or soap container 
 34.34  sold or offered for sale is exempt from this section. 
 34.35     (c) No person shall offer to sell or sell to a consumer a 
 34.36  beverage container or soap container subject to paragraph (a) 
 35.1   that has not been labeled under this section, except for a 
 35.2   refillable beverage container that is exempt from labeling under 
 35.3   paragraph (b). 
 35.4      (d) The office may require that any beverage container or 
 35.5   soap container intended for sale in this state be printed, 
 35.6   embossed, stamped, labeled, or otherwise marked with a universal 
 35.7   product code or similar machine-readable indicia. 
 35.8                     RECYCLING CENTER INFORMATION
 35.9      Sec. 30.  [115F.50] [DEALER SIGN REQUIREMENTS.] 
 35.10     Every dealer shall post a clear and conspicuous sign of at 
 35.11  least ten inches by 15 inches at each public entrance to the 
 35.12  dealer's place of business that specifies: 
 35.13     (1) the name and address, as provided by the office, of at 
 35.14  least the certified recycling center locations nearest to the 
 35.15  dealer that redeem all types of empty beverage and soap 
 35.16  containers at one location during at least 30 hours per week 
 35.17  with a minimum of five hours of operation occurring during 
 35.18  periods other than from Monday to Friday, from 9:00 a.m. to 5:00 
 35.19  p.m., and the toll-free telephone number established by the 
 35.20  office for the purpose of disseminating information regarding 
 35.21  beverage container or soap container recycling opportunities; 
 35.22     (2) that beverage and soap containers may be redeemed at 
 35.23  all open cash registers within this place of business; or 
 35.24     (3) that beverage and soap containers may be redeemed at 
 35.25  one specific location on the dealer's premises, which is 
 35.26  identified on the sign. 
 35.27     Sec. 31.  [115F.51] [CERTIFIED RECYCLING CENTERS.] 
 35.28     (a) Except as otherwise provided in this chapter, there 
 35.29  must be at least one certified recycling center or location 
 35.30  within every convenience zone that accepts and pays the refund 
 35.31  value, if any, at one location for all types of empty beverage 
 35.32  and soap containers and is open for business during at least 30 
 35.33  hours per week with a minimum of five hours of operation 
 35.34  occurring during periods other than from Monday to Friday, from 
 35.35  9:00 a.m. to 5:00 p.m. 
 35.36     (b) Notwithstanding paragraph (a), the office may certify a 
 36.1   recycling center that will operate less than 30 hours per week 
 36.2   if: 
 36.3      (1) the recycling center is in a rural region; 
 36.4      (2) the recycling center agrees to post a sign indicating 
 36.5   the location of the nearest recycling center, which is open at 
 36.6   least 30 hours per week and which will accept all material 
 36.7   types; and 
 36.8      (3) the needs of the community and the goals of this 
 36.9   chapter will be best served by certification of the operation as 
 36.10  a recycling center. 
 36.11     (c) Before establishing operating hours for a certified 
 36.12  recycling center under paragraph (b), the office shall make a 
 36.13  determination that this action is necessary to further the goals 
 36.14  of this chapter and that the proposed operating hours will not 
 36.15  significantly decrease the ability of consumers to conveniently 
 36.16  return beverage and soap containers for the refund value to a 
 36.17  certified recycling center redeeming all material types. 
 36.18     (d) For purposes of this section, if the recycling center 
 36.19  is staffed and is not a reverse vending machine, a center is 
 36.20  "open for business" if: 
 36.21     (1) an employee of the certified recycling center or 
 36.22  location is present during the hours of operation and available 
 36.23  to the public to accept containers and to pay the refund values; 
 36.24     (2) in addition to the sign specified in paragraph (h), a 
 36.25  sign having a minimum size of two feet by two feet is posted at 
 36.26  the certified recycling center or location indicating that the 
 36.27  center or location is open; and 
 36.28     (3) the prices paid, by weight or per container, are posted 
 36.29  at the location. 
 36.30     (e) Except as provided in paragraph (f), for the purpose of 
 36.31  this section, if the recycling center consists of reverse 
 36.32  vending machines or other unmanned automated equipment, the 
 36.33  center is "open for business" if the equipment is properly 
 36.34  functioning, accepting all types of empty beverage and soap 
 36.35  containers at the recycling location, and paying posted refund 
 36.36  values no less than the minimums required by this chapter. 
 37.1      (f) If a recycling center consists of reverse vending 
 37.2   machines or other automated equipment, the recycling center is 
 37.3   "open for business" if the equipment is properly functioning and 
 37.4   accepting all types of empty beverage and soap containers at one 
 37.5   physical recycling location within the recycling location. 
 37.6      (g) Whenever a recycling center which is a reverse vending 
 37.7   machine is not open for business during the 30 hours of 
 37.8   operation required and posted under this section and section 
 37.9   115F.50, the dealer which is hosting the reverse vending machine 
 37.10  at its place of business shall redeem all empty beverage 
 37.11  container or soap container types at all open cash registers or 
 37.12  one designated location in the store, as specified on the sign 
 37.13  required under paragraph (h). 
 37.14     (h) In addition to the sign specified in paragraph (d), 
 37.15  clause (2), each reverse vending machine shall be posted with a 
 37.16  clear and conspicuous sign on or near the reverse vending 
 37.17  machine that states that beverage and soap containers may be 
 37.18  redeemed by the host dealer if the machine is nonoperational at 
 37.19  any time during the required 30 hours of operation under 
 37.20  paragraph (g).  The office shall determine the size and location 
 37.21  of the sign and the message required to be printed on the sign. 
 37.22     (i) For purposes of this section, "rural region" means a 
 37.23  nonurban area identified by the office on an annual basis using 
 37.24  Farmers Home Loan Administration criteria.  Those criteria 
 37.25  include, but are not limited to, places, open country, cities, 
 37.26  towns, or census designated places with populations that are 
 37.27  less than 10,000 persons.  The office may designate an area with 
 37.28  a population of between 10,000 and 50,000 persons as a rural 
 37.29  region, unless the area is identified as part of, or associated 
 37.30  with, an urban area as determined by the office on an individual 
 37.31  basis. 
 37.32     Sec. 32.  [115F.52] [CONVENIENCE ZONE DESIGNATION.] 
 37.33     By January 15 each year, the office shall, on a statewide 
 37.34  basis, designate all convenience zones as of that date, 
 37.35  including convenience zones in underserved areas and shall 
 37.36  prepare a map or maps showing these convenience zones. 
 38.1      Sec. 33.  [115F.53] [DEALER AND RECYCLER LOCATION 
 38.2   ASSISTANCE.] 
 38.3      The office shall assist dealers and recyclers to establish 
 38.4   certified recycling locations within each convenience zone.  
 38.5   This assistance includes, but is not limited to, providing 
 38.6   information to companies and organizations interested in 
 38.7   operating recycling in the convenience zone; providing dealers 
 38.8   with names of prospective recyclers for the convenience zone and 
 38.9   providing recyclers with the names of dealers in need of a 
 38.10  recycler for a convenience zone; providing dealers and recyclers 
 38.11  with information on grants, advertising funds, and other 
 38.12  resources available; and providing recyclers with advice 
 38.13  regarding appearance and image of the recycling center and the 
 38.14  efficient handling and transportation of recycled beverage and 
 38.15  soap containers. 
 38.16     Sec. 34.  [115F.54] [CERTIFIED RECYCLER ASSISTANCE; 
 38.17  INSPECTIONS.] 
 38.18     (a) The office shall assist any certified recycler to 
 38.19  achieve greater service to the public in an economical and 
 38.20  cost-effective manner.  This assistance shall include, but not 
 38.21  be limited to, advice on all of the following: 
 38.22     (1) methods to enhance public participation in recycling; 
 38.23     (2) the most beneficial location, siting, and image of a 
 38.24  recycling location; and 
 38.25     (3) methods to reduce costs and optimize efficiencies of 
 38.26  existing resources. 
 38.27     (b) The office shall conduct regular, unannounced 
 38.28  inspections of certified recycling centers for the purpose of 
 38.29  determining that the requirements of this chapter are 
 38.30  satisfied.  The office shall assess civil penalties under 
 38.31  section 115F.71 for violations at certified recycling centers. 
 38.32     Sec. 35.  [115F.55] [CONVENIENCE ZONE WITHOUT A RECYCLING 
 38.33  CENTER.] 
 38.34     In any convenience zone where a recycling location has not 
 38.35  been established, which satisfies the requirements of section 
 38.36  115F.51, until a recycling location has been established in that 
 39.1   zone, all dealers within that zone shall: 
 39.2      (1) submit to the office an affidavit form provided by the 
 39.3   office stating that all of the following standards are being met 
 39.4   by the dealer: 
 39.5      (i) the dealer redeems all empty beverage container or soap 
 39.6   container types at all open cash registers or one designated 
 39.7   location on the dealer's premises during all hours that the 
 39.8   dealer is open for business; 
 39.9      (ii) the dealer has posted signs, which meet the 
 39.10  requirements specified in section 115F.50; and 
 39.11     (iii) the dealer is delivering, or having delivered, all 
 39.12  empty beverage and soap containers received from the public to a 
 39.13  certified recycling center or processor for recycling; or 
 39.14     (2) pay to the office for deposit in the fund the sum of 
 39.15  $100 per day until a recycling location is established or until 
 39.16  the standards for redemption specified in clause (1) are met. 
 39.17     Sec. 36.  [115F.56] [EXEMPTIONS.] 
 39.18     (a) The director may grant an exemption from the 
 39.19  requirements of section 115F.51 for an individual convenience 
 39.20  zone only after the office solicits public testimony on whether 
 39.21  or not to provide an exemption from section 115F.51.  The 
 39.22  solicitation process shall be designed by the office to ensure 
 39.23  that operators of recycling centers, dealers, and members of the 
 39.24  public in the jurisdiction affected by the proposed exemption 
 39.25  are aware of the proposed exemption.  After evaluation of the 
 39.26  testimony and any field review conducted, the office shall base 
 39.27  a decision to exempt a convenience zone on one, or any 
 39.28  combination, of the following factors: 
 39.29     (1) the exemption will not significantly decrease the 
 39.30  ability of consumers to conveniently return beverage and soap 
 39.31  containers for the refund value to a certified recycling center 
 39.32  redeeming all material types; 
 39.33     (2) except as provided in clause (5), the nearest certified 
 39.34  recycling center is within a reasonable distance of the 
 39.35  convenience zone being considered for exemption; 
 39.36     (3) the convenience zone is in the area of a curbside 
 40.1   recycling program that meets the criteria specified in section 
 40.2   115F.03, subdivision 15; 
 40.3      (4) the requirements of section 115F.51 cannot be met in a 
 40.4   particular convenience zone due to local zoning; and 
 40.5      (5) the convenience zone has redeemed less than 60,000 
 40.6   containers per month for the prior 12 months and, 
 40.7   notwithstanding clause (2), a certified recycling center is 
 40.8   located within one mile of the convenience zone that is the 
 40.9   subject of the exemption. 
 40.10     (b) The total number of exemptions granted by the director 
 40.11  under this section shall not exceed 35 percent of the total 
 40.12  number of convenience zones identified under this section. 
 40.13     (c) The office may, on its own motion, or upon petition by 
 40.14  any interested person, revoke a convenience zone exemption if 
 40.15  either of the following occurs: 
 40.16     (1) the condition or conditions that caused the convenience 
 40.17  zone to be exempt no longer exist, and the office determines 
 40.18  that the criteria for an exemption specified in this section are 
 40.19  not presently applicable to the convenience zone; or 
 40.20     (2) the office determines that the convenience zone 
 40.21  exemption was granted due to an administrative error. 
 40.22     (d) If an exemption is revoked and a recycling center is 
 40.23  not certified and operational in the convenience zone, the 
 40.24  office shall, within ten days of the date of the decision to 
 40.25  revoke, notify all dealers in the convenience zone. 
 40.26     (e) An exemption shall not be revoked when a recycling 
 40.27  center becomes certified and operational within an exempt 
 40.28  convenience zone unless either of the events specified in 
 40.29  paragraph (c), clauses (1) and (2), occurs. 
 40.30     Sec. 37.  [115F.57] [CONTAINER ACCEPTANCE AT CERTIFIED 
 40.31  RECYCLING CENTERS.] 
 40.32     (a) Except as provided in paragraph (b), a certified 
 40.33  recycling center shall accept from any consumer or drop-off or 
 40.34  collection program any empty beverage container or soap 
 40.35  container, and shall pay to the consumer or drop-off or 
 40.36  collection program the refund value of the beverage container or 
 41.1   soap container.  The center may pay the refund value based on 
 41.2   the weight of returned containers. 
 41.3      (b) Any certified recycling center that refuses, under this 
 41.4   paragraph, to accept a certain type or types of empty beverage 
 41.5   containers or soap containers is not eligible to receive 
 41.6   handling fees unless the center agrees to accept all types of 
 41.7   empty beverage containers or soap containers and is a 
 41.8   supermarket site.  This paragraph does not preclude the 
 41.9   certified recycling center from receiving a handling fee for 
 41.10  beverage containers or soap containers redeemed at supermarket 
 41.11  sites, which do accept all types of containers. 
 41.12     (c) The office shall develop procedures by which recycling 
 41.13  centers and processors, which meet the criteria of paragraph 
 41.14  (b), may recertify to change the material types accepted. 
 41.15     (d) Only a certified recycling center may pay the refund 
 41.16  value to consumers or drop-off or collection programs.  No 
 41.17  person shall pay a noncertified recycler for empty beverage and 
 41.18  soap containers an amount that exceeds the current scrap value 
 41.19  for each container type, which shall be determined in the 
 41.20  following manner: 
 41.21     (1) for a plastic or glass beverage container or soap 
 41.22  container, the current scrap value shall be determined by the 
 41.23  office; and 
 41.24     (2) for an aluminum beverage container or soap container, 
 41.25  the current scrap value shall not be greater than the amount 
 41.26  paid to the processor for that aluminum beverage container or 
 41.27  soap container on the date the container was purchased by the 
 41.28  location of end use as defined in the rules of the office. 
 41.29     (e) No person may receive or retain, for empty beverage and 
 41.30  soap containers which come from out-of-state, any refund values, 
 41.31  processing payments, or administrative fees for which a claim is 
 41.32  made to the office against the fund. 
 41.33     (f) Paragraph (d) does not affect curbside programs under 
 41.34  contract with cities or counties. 
 41.35     Sec. 38.  [115F.58] [REFILLABLE BEER AND MALT BEVERAGE 
 41.36  CONTAINERS.] 
 42.1      A certified recycling center, other than a reverse vending 
 42.2   machine, shall accept from any consumer or any drop-off or 
 42.3   collection program and pay the applicable deposit for any 
 42.4   refillable empty beer and other malt beverage container.  The 
 42.5   certified recycling center shall return, or cause to be 
 42.6   returned, the refillable beer and other malt beverage container 
 42.7   to the beer and other malt beverage distributor or any willing 
 42.8   purchaser who shall then pay the deposit to the center.  The 
 42.9   beer and other malt beverage distributor or other purchaser 
 42.10  shall also negotiate a handling fee with the recycling center 
 42.11  for the return of these containers. 
 42.12           REIMBURSEMENT PAYMENTS AND FUND ESTABLISHMENT 
 42.13     Sec. 39.  [115F.60] [PROCESSOR PAYMENTS.] 
 42.14     (a) The office shall pay to a processor, for every empty 
 42.15  beverage container or soap container received by the processor 
 42.16  from a certified recycling center, curbside program, or drop-off 
 42.17  or collection program, upon presentation of a completed 
 42.18  processor invoice accompanied by a shipping report from the 
 42.19  supplier of the material in the form adopted by the office: 
 42.20     (1) the refund value; 
 42.21     (2) 2-1/2 percent of the refund value for administrative 
 42.22  costs; and 
 42.23     (3) the processing payment established under section 
 42.24  115F.66. 
 42.25     (b) The office shall make the payment required in paragraph 
 42.26  (a) within two working days of the date that the office is 
 42.27  notified of the delivery or within the time determined by the 
 42.28  office to be necessary and adequate.  If the payment is not made 
 42.29  by the office to the certified processor within 20 working days 
 42.30  of receipt of the claims schedule, the office shall pay the 
 42.31  processor interest at the current prime lending rate for any 
 42.32  period in excess of these 20 working days. 
 42.33     Sec. 40.  [115F.61] [PAYMENTS; RECYCLING CENTERS; DROP-OFF 
 42.34  OR COLLECTION PROGRAMS; CURBSIDE PROGRAMS.] 
 42.35     (a) Except as provided in section 115F.63, a processor 
 42.36  shall pay to a certified recycling center, drop-off or 
 43.1   collection program, or curbside program for all types of empty 
 43.2   beverage containers, by type of beverage container or soap 
 43.3   container, received by the processor from a recycling center, 
 43.4   curbside program, or drop-off or collection program, upon 
 43.5   receipt by the certified processor of a shipping report from the 
 43.6   supplier of the material in the form adopted by the rules of the 
 43.7   office: 
 43.8      (1) the refund value; 
 43.9      (2) three-fourths of one percent of the refund value for 
 43.10  administrative costs; and 
 43.11     (3) the processing payment established under section 
 43.12  115F.66. 
 43.13     (b) The processor shall make the payment required in 
 43.14  paragraph (a) within two working days of the date that the 
 43.15  processor receives these empty beverage containers or soap 
 43.16  containers or within the time which the office determines to be 
 43.17  necessary and adequate.  Under the procedures authorized by the 
 43.18  office, the office may authorize a certified recycling center to 
 43.19  cancel containers, and a certified processor may authorize a 
 43.20  certified recycling center to cancel containers on behalf of the 
 43.21  certified processor. 
 43.22     (c) If the office has set up an accounts receivable 
 43.23  procedure or other procedure for seeking the payment of money 
 43.24  improperly obtained by a certified recycling center from the 
 43.25  fund, the office may reimburse the processor for its payments to 
 43.26  that certified recycling center. 
 43.27     Sec. 41.  [115F.62] [COMMINGLED RATES; CURBSIDE PROGRAMS.] 
 43.28     (a) Notwithstanding any other provision of this chapter, 
 43.29  recycling centers and processors shall not pay curbside programs 
 43.30  more than the applicable statewide average curbside commingled 
 43.31  rate unless the curbside program has received an individual 
 43.32  commingled rate from the office under paragraph (b). 
 43.33     (b) The office shall establish a procedure whereby the 
 43.34  operators of curbside programs may apply for an individual 
 43.35  commingled rate.  These procedures shall require, at a minimum: 
 43.36     (1) the individual rate shall be valid for no more than one 
 44.1   year from the date the individual rate is authorized; and 
 44.2      (2) the methodology used by the operator of the curbside 
 44.3   program to determine the commingled rate shall be approved by 
 44.4   the office in advance. 
 44.5      (c) Curbside programs, which have acquired an individual 
 44.6   commingled rate under this section, shall not be surveyed by the 
 44.7   office to determine the statewide average curbside commingled 
 44.8   rate during the period the individual commingled rate is 
 44.9   effective. 
 44.10     Sec. 42.  [115F.63] [DROP-OFF AND COLLECTION PROGRAM 
 44.11  PAYMENTS.] 
 44.12     A drop-off or collection program shall not pay any refund 
 44.13  value to the consumer, and a drop-off or collection program is 
 44.14  not eligible to receive any sum paid under section 115F.60 or 
 44.15  115F.61 for administrative costs. 
 44.16     Sec. 43.  [115F.64] [CONSUMER TRANSACTION LOGS AND 
 44.17  RECEIPTS.] 
 44.18     Notwithstanding sections 115F.60 and 115F.61, the office 
 44.19  may require a recycling center, under a prepayment review taken 
 44.20  under section 115F.34, paragraph (a), to submit consumer 
 44.21  transaction logs and consumer transaction receipts as support 
 44.22  documentation for shipping reports submitted to processors.  The 
 44.23  office may, under this section, authorize a processor to 
 44.24  withhold refund value payments to a recycling center.  The 
 44.25  office may suspend the certification of a recycling center 
 44.26  without a hearing if the recycling center fails to comply with 
 44.27  the documental submittal requirements of this section upon 
 44.28  providing notice of these requirements.  The recycling center, 
 44.29  which is the subject of the suspension may then request a 
 44.30  hearing on the suspension, but the request for a hearing shall 
 44.31  not stay the suspension.  A hearing requested under this section 
 44.32  shall be conducted as a contested case hearing under chapter 14. 
 44.33     Sec. 44.  [115F.65] [DISTRIBUTOR FEE PAYMENTS.] 
 44.34     (a) A distributor of beverage containers or soap containers 
 44.35  shall pay to the office the redemption payment for every 
 44.36  beverage container or soap container, other than a refillable 
 45.1   beverage container, sold or transferred to a dealer, less one 
 45.2   percent for the distributor's administrative costs.  The payment 
 45.3   shall be made: 
 45.4      (1) except as provided in clause (2), within 40 days of any 
 45.5   sale or in the form and manner that the office may prescribe; or 
 45.6      (2) not later than the last day of the third month 
 45.7   following the sale by a distributor of beer and other malt 
 45.8   beverages. 
 45.9      (b) Notwithstanding paragraph (a), a distributor may, upon 
 45.10  the approval of the office, elect to make a single annual 
 45.11  payment of redemption payments on or before February 1 each 
 45.12  year, if the distributor's projected redemption payment for a 
 45.13  calendar year totals less than $10,000.  A distributor shall 
 45.14  notify the office of its intent to make an annual redemption 
 45.15  payment under this paragraph on or before January 31 of the 
 45.16  calendar year preceding the year in which the payment will be 
 45.17  due. 
 45.18     Sec. 45.  [115F.66] [PROCESSING PAYMENT.] 
 45.19     (a) If any type of empty beverage container or soap 
 45.20  container with a refund value established under section 115F.40 
 45.21  has a scrap value less than the cost of recycling, the office 
 45.22  shall, annually on or before January 1, establish a processing 
 45.23  fee and a processing payment for the container by the type of 
 45.24  the material of the container. 
 45.25     (b) The processing payment shall be at least equal to the 
 45.26  difference between the scrap value offered to a statistically 
 45.27  significant sample of recyclers by willing purchasers and, 
 45.28  except for the initial calculation made under paragraph (d), the 
 45.29  sum of: 
 45.30     (1) the actual cost for certified recycling centers, 
 45.31  excluding centers receiving a handling fee, of receiving, 
 45.32  handling, storing, transporting, and maintaining equipment for 
 45.33  each container sold for recycling or, only if the container is 
 45.34  not recyclable, the actual cost of disposal calculated under 
 45.35  paragraph (c); and 
 45.36     (2) a reasonable financial return for recycling centers. 
 46.1      (c) Except as specified in paragraph (d), the office shall 
 46.2   use the actual recycling costs for certified recycling centers 
 46.3   as determined under paragraph (b), clause (1), by the office.  
 46.4   The office shall make all determinations of the actual costs for 
 46.5   certified recycling centers under paragraph (b), clause (1), 
 46.6   every three years. 
 46.7      (d) The office shall use the following cost data for 
 46.8   certified recycling centers for their initial calculation: 
 46.9      (1) $85.19 for each ton of glass containers; 
 46.10     (2) $417.96 for each ton of bimetal containers; and 
 46.11     (3) $642.69 for each ton of plastic containers. 
 46.12     (e) Except as specified in paragraph (f), the actual 
 46.13  processing fee paid by beverage or soap manufacturers shall 
 46.14  equal 65 percent of the processing payment calculated under 
 46.15  paragraph (b). 
 46.16     (f) The office shall reduce the processing fee paid by 
 46.17  beverage or soap manufacturers under paragraph (e) by expending 
 46.18  money in each material processing fee account established under 
 46.19  section 115F.68, paragraph (c), so that the amount of the 
 46.20  processing fee equals 25 percent of the processing payment 
 46.21  calculated under paragraph (b). 
 46.22     (g) The office may adjust a processing fee established 
 46.23  under this section for any plastic beverage container or soap 
 46.24  container if: 
 46.25     (1) the office determines that the average statewide scrap 
 46.26  values paid by willing purchasers for that beverage container or 
 46.27  soap container materials type are less than the average scrap 
 46.28  values used as the basis for the processing fee calculation; and 
 46.29     (2) the office determines that adjusting the processing fee 
 46.30  is necessary to further the objectives of this chapter. 
 46.31     (h) Every beverage or soap manufacturer shall pay to the 
 46.32  office the applicable processing fee for each container sold or 
 46.33  transferred to a distributor or dealer within 40 days of the 
 46.34  sale in the form and in the manner, which the office may 
 46.35  prescribe.  The office shall pay the processing payments on 
 46.36  redeemed containers to processors in the same manner as it pays 
 47.1   refund values under sections 115F.60 and 115F.61.  The processor 
 47.2   shall pay the recycling center the entire processing payment 
 47.3   representing the actual cost and financial return incurred by 
 47.4   the recycling center as specified in paragraph (a). 
 47.5      (i) When assessing processing fees under paragraph (a), the 
 47.6   office shall assess the processing fee on each container sold, 
 47.7   as provided in paragraph (e), by the type of material of the 
 47.8   container. 
 47.9      (j) The container manufacturer, or a designated agent, 
 47.10  shall pay to, or credit, the account of the beverage or soap 
 47.11  manufacturer in an amount equal to the processing fee. 
 47.12     (k) The office shall, annually on or before January 1, 
 47.13  determine the statewide average scrap values paid to recyclers 
 47.14  by processors for beverage containers and soap containers during 
 47.15  the 12-month period ending September 30.  If the office 
 47.16  determines that the statewide average scrap values paid for 
 47.17  glass containers is ten percent or more above or below the 
 47.18  previous year's scrap value, the office shall adjust the 
 47.19  processing payment to equal the difference between the cost of 
 47.20  recycling and the new statewide average scrap value. 
 47.21     (l) The office shall determine the statewide weighted 
 47.22  average cost to recycle each beverage container or soap 
 47.23  container type, which shall serve as the actual recycling costs 
 47.24  for purposes of paragraph (c), by conducting a survey of the 
 47.25  costs of a statistically significant sample of certified 
 47.26  recycling centers, excluding those recycling centers receiving a 
 47.27  handling fee for receiving, handling, storing, transporting, and 
 47.28  maintaining equipment. 
 47.29     Sec. 46.  [115F.67] [PET CONTAINERS.] 
 47.30     (a) Notwithstanding section 115F.66, paragraph (d), if a 
 47.31  willing purchaser offers to purchase empty PET containers at a 
 47.32  voluntary artificial scrap value that, when combined with 
 47.33  payments made from the PET processing fee account under section 
 47.34  115F.66, paragraph (f), is equal to, or more than, the recycling 
 47.35  cost for empty PET containers as determined in section 115F.66, 
 47.36  paragraph (d), no processing fee shall be imposed on PET 
 48.1   containers under section 115F.66. 
 48.2      (b) If a willing purchaser offers to pay a voluntary 
 48.3   artificial scrap value, the office shall on a monthly basis 
 48.4   determine whether the sum of the voluntary artificial scrap 
 48.5   value and payments made from the PET processing fee account 
 48.6   under section 115F.66, paragraph (f), are equal to, or more 
 48.7   than, the recycling cost for empty PET containers determined 
 48.8   under section 115F.66, paragraph (d). 
 48.9      (c) If the office determines that for any monthly period, 
 48.10  the sum of the voluntary artificial scrap value and payments 
 48.11  made from the PET processing fee account under section 115F.66, 
 48.12  paragraph (f), is less than the recycling cost for empty PET 
 48.13  containers determined under section 115F.66, paragraph (d), the 
 48.14  following requirements shall apply: 
 48.15     (1) the office shall immediately provide written 
 48.16  notification of the deficiency for that monthly period and the 
 48.17  amount of that deficiency to any willing purchaser; 
 48.18     (2) a willing purchaser shall correct the deficiency in the 
 48.19  next monthly period by adjusting the voluntary artificial scrap 
 48.20  value by an amount sufficient to equal the recycling cost for 
 48.21  empty PET containers plus the previous monthly period's 
 48.22  deficiency; and 
 48.23     (3) if the deficiency and amount in arrears is not 
 48.24  corrected within 30 days of providing written notice to willing 
 48.25  purchasers of empty PET containers, the office shall impose a 
 48.26  processing fee under section 115F.66, which includes any amount 
 48.27  necessary, including any amount in arrears to cover the cost of 
 48.28  recycling empty PET containers. 
 48.29     (d) If the office determines that for any monthly period, 
 48.30  the sum of the voluntary artificial scrap value and payments 
 48.31  made from the PET processing fee account under section 115F.66, 
 48.32  paragraph (f), is greater than the recycling cost for empty PET 
 48.33  containers, the office shall: 
 48.34     (1) immediately provide written notification of the 
 48.35  deviation for that monthly period and the amount of that 
 48.36  deviation to any willing purchaser; and 
 49.1      (2) provide a credit equal to the amount of the deviation 
 49.2   for any future monthly period where the voluntary artificial 
 49.3   scrap value and payments made from the PET processing fee 
 49.4   account are less than the recycling cost of empty PET containers 
 49.5   determined under section 115F.66, paragraph (d). 
 49.6      Sec. 47.  [115F.68] [MINNESOTA BEVERAGE AND SOAP CONTAINER 
 49.7   RECYCLING FUND; DEPOSITS; PAYMENTS.] 
 49.8      (a) Except as provided in paragraph (d), the office shall 
 49.9   deposit all amounts paid as redemption payments by distributors 
 49.10  under section 115F.65 and all other revenues received into the 
 49.11  Minnesota beverage and soap container recycling fund, which is 
 49.12  hereby created in the state treasury.  The money in the fund is 
 49.13  annually appropriated to the office for expenditure for the 
 49.14  following purposes: 
 49.15     (1) the payment of refund values and fees authorized under 
 49.16  section 115F.60; and 
 49.17     (2) for a reserve for contingencies, which shall not be 
 49.18  greater than an amount equal to five percent of the total amount 
 49.19  paid to processors under section 115F.60 during the preceding 
 49.20  calendar year plus any interest earned on that amount. 
 49.21     (b) The money in the fund may be expended by the office for 
 49.22  the administration of this chapter only upon appropriation by 
 49.23  the legislature. 
 49.24     (c) The office shall establish separate processing fee 
 49.25  accounts in the fund for each beverage container material type 
 49.26  for which a processing payment and processing fee is calculated 
 49.27  under section 115F.66 into which account shall be deposited both 
 49.28  of the following: 
 49.29     (1) all amounts paid as processing fees for each beverage 
 49.30  container material type under section 115F.66, paragraph (g); 
 49.31  and 
 49.32     (2) an amount equal to pay 75 percent of the processing 
 49.33  payments established in section 115F.66, paragraph (b), in order 
 49.34  to reduce the processing fee to the level provided in section 
 49.35  115F.66, paragraph (f). 
 49.36     (d) The office shall deposit all civil penalties or fines 
 50.1   collected under this chapter into the penalty account, which is 
 50.2   hereby created in the fund.  The money in the penalty account 
 50.3   may be expended by the office only upon appropriation by the 
 50.4   legislature for purposes of this chapter. 
 50.5      Sec. 48.  [115F.69] [HANDLING FEE GUIDELINES.] 
 50.6      (a) The office shall adopt guidelines and methods for 
 50.7   paying handling fees to supermarket sites, nonprofit convenience 
 50.8   zone recyclers, or rural region recyclers to provide an 
 50.9   incentive for the redemption of empty beverage and soap 
 50.10  containers in convenience zones.  The guidelines shall include, 
 50.11  but not be limited to, all of the following: 
 50.12     (1) handling fees shall be paid on a monthly basis in the 
 50.13  form and manner adopted by the office; 
 50.14     (2) to be eligible for any handling fee, a supermarket site 
 50.15  recycling center, nonprofit convenience zone recycler, or rural 
 50.16  region recycler shall redeem not less than 60,000 beverage 
 50.17  containers and, except for operators of certified recycling 
 50.18  centers that are nonprofit organizations, not more than 500,000 
 50.19  beverage containers during the calendar month in which the 
 50.20  handling fee is claimed; 
 50.21     (3) a beverage container or soap container with a capacity 
 50.22  of 24 fluid ounces or more shall be considered as two beverage 
 50.23  containers or soap containers for purposes of determining the 
 50.24  eligibility percentage and any handling fee calculations; 
 50.25     (4) the office shall determine the number of eligible 
 50.26  containers per site for which a handling fee will be paid in the 
 50.27  following manner: 
 50.28     (i) each eligible site's combined monthly volume of glass 
 50.29  and plastic beverage and soap containers shall be divided by the 
 50.30  site's total monthly volume of all empty beverage container or 
 50.31  soap container types; 
 50.32     (ii) if the quotient determined under item (i) is equal to 
 50.33  or more than ten percent, the total monthly volume of the site 
 50.34  shall be the maximum volume that is eligible for a handling fee 
 50.35  for that month; and 
 50.36     (iii) if the quotient determined under item (i) is less 
 51.1   than ten percent, the office shall divide the volume of glass 
 51.2   and plastic beverage and soap containers by ten percent; 
 51.3      (5) the office shall pay a handling fee of 1.8 cents per 
 51.4   eligible beverage container or soap container as determined 
 51.5   under clause (4); 
 51.6      (6) notwithstanding clause (5), the total handling fee 
 51.7   payment to a supermarket site, nonprofit convenience zone 
 51.8   recycler, or rural region recycler shall not exceed $2,300 per 
 51.9   month; 
 51.10     (7) if the eligible volume in any given month would result 
 51.11  in handling fee payments, which exceed the allocation of funds 
 51.12  for that month as provided in paragraph (b), sites with higher 
 51.13  eligible monthly volumes shall receive handling fees for their 
 51.14  entire eligible monthly volume before sites with lower eligible 
 51.15  monthly volumes receive any handling fees; and 
 51.16     (8) if a dealer where a supermarket site, nonprofit 
 51.17  convenience zone recycler, or rural region recycler is located 
 51.18  ceases operation for remodeling or for a change of ownership, 
 51.19  the operator of that supermarket site, nonprofit convenience 
 51.20  zone recycler, or rural region recycler shall be eligible to 
 51.21  apply for handling fees for that site for a period of three 
 51.22  months following the date of the closure of the dealer. 
 51.23     (b) The office may allocate a specific amount on a monthly 
 51.24  basis and may carry over any unexpended monthly allocation to a 
 51.25  subsequent month or months. 
 51.26     (c) The office shall not make handling fee payments to more 
 51.27  than one certified recycling center in a convenience zone.  If a 
 51.28  dealer is located in more than one convenience zone, the office 
 51.29  shall offer a single handling fee payment to a supermarket site 
 51.30  located at that dealer.  This handling fee payment shall not be 
 51.31  split between the affected zones.  The office shall stop making 
 51.32  handling fee payments if another recycling center certifies to 
 51.33  operate within the convenience zone without receiving payments 
 51.34  under this section if the office monitors the performance of the 
 51.35  other recycling center for 60 days and determines that the 
 51.36  recycling center is in compliance with this chapter.  Any 
 52.1   recycling center that locates in a convenience zone, thereby 
 52.2   causing a preexisting recycling center to become ineligible to 
 52.3   receive handling fee payments, is ineligible to receive any 
 52.4   handling fee payments in that convenience zone. 
 52.5      (d) The office shall offer a single handling fee payment to 
 52.6   a rural region recycler that is located anywhere inside a 
 52.7   convenience zone that is not served by another certified 
 52.8   recycling center and: 
 52.9      (1) operates a minimum of 30 hours per week in one 
 52.10  convenience zone; or 
 52.11     (2) serves two or more convenience zones; and 
 52.12     (i) is the only certified recycler within each convenience 
 52.13  zone; 
 52.14     (ii) is open and operating at least eight hours per week in 
 52.15  each convenience zone and is certified at each location; and 
 52.16     (iii) operates at least 30 hours per week in total for all 
 52.17  convenience zones served. 
 52.18     (e) The office may require the operator of a supermarket 
 52.19  site or rural region recycler receiving handling fees to 
 52.20  maintain records for each location where beverage and soap 
 52.21  containers are redeemed and may require the supermarket site or 
 52.22  rural region recycler to take any other action necessary for the 
 52.23  office to determine that the supermarket site or rural region 
 52.24  recycler does not receive an excessive handling fee. 
 52.25     (f) The office may determine and utilize a standard 
 52.26  container per pound rate for each material type for the purpose 
 52.27  of calculating volumes and making handling fee payments. 
 52.28     Sec. 49.  [115F.691] [SUPERMARKET SITES.] 
 52.29     (a) The office shall not make handling fee payments to a 
 52.30  supermarket site if the office determines that all empty 
 52.31  beverage container and soap container types are not redeemed at 
 52.32  the same physical location within the recycling location. 
 52.33     (b) A supermarket site that redeems all empty beverage 
 52.34  container and soap container types at the same physical location 
 52.35  within the recycling location, and issues script to consumers 
 52.36  which is required to be redeemed at a nearby host business, is 
 53.1   eligible to receive handling fee payments. 
 53.2                PENALTIES, VIOLATIONS, AND ENFORCEMENT 
 53.3      Sec. 50.  [115F.70] [PENALTIES.] 
 53.4      (a) Except as provided in paragraph (b), in addition to any 
 53.5   other applicable civil or criminal penalties, any person 
 53.6   convicted of a violation of this chapter is subject to a fine of 
 53.7   $100 for each initial separate violation and not more than 
 53.8   $1,000 for each subsequent separate violation per day. 
 53.9      (b) Every person who, with intent to defraud, takes any of 
 53.10  the following actions is guilty of fraud: 
 53.11     (1) submits a false or fraudulent claim for payment under 
 53.12  section 115F.60 or 115F.61; 
 53.13     (2) fails to accurately report the number of beverage and 
 53.14  soap containers sold as required by section 115F.30, paragraph 
 53.15  (b); 
 53.16     (3) fails to make payments as required by section 115F.65; 
 53.17     (4) redeems out-of-state containers, rejected containers, 
 53.18  line breakage, or containers that have already been redeemed; 
 53.19     (5) returns redeemed containers to the marketplace for 
 53.20  redemption; 
 53.21     (6) brings out-of-state containers, rejected containers, or 
 53.22  line breakage to the marketplace for redemption; or 
 53.23     (7) submits a false or fraudulent claim for handling fee 
 53.24  payments under section 115F.69. 
 53.25     Sec. 51.  [115F.71] [VIOLATIONS.] 
 53.26     (a) Each violation of this chapter is a separate violation 
 53.27  and each day of the violation is a separate violation.  The 
 53.28  office shall deposit all revenues from civil penalties in the 
 53.29  penalty account specified in section 115F.67, paragraph (d). 
 53.30     (b) Any person who intentionally or negligently violates 
 53.31  this chapter may be assessed a civil penalty by the office under 
 53.32  paragraph (a) of up to $5,000 for each separate violation, or 
 53.33  for continuing violations, for each day that violation occurs. 
 53.34     (c) Any person who violates this chapter by an action not 
 53.35  subject to paragraph (b) may be assessed a civil penalty by the 
 53.36  office under paragraph (a) of up to $1,000 for each separate 
 54.1   violation, or for continuing violations, for each day that 
 54.2   violation occurs. 
 54.3      (d) No person may be liable for a civil penalty imposed 
 54.4   under paragraph (b) and for a civil penalty imposed under 
 54.5   paragraph (c) for the same act or failure to act. 
 54.6      (e) In determining the amount of penalties to be imposed 
 54.7   under this chapter, the office shall take into consideration the 
 54.8   nature, circumstances, extent, and gravity of the violation, the 
 54.9   costs associated with bringing the action, and, with respect to 
 54.10  the violator, the ability to pay, the degree of culpability, 
 54.11  compliance history, and any other matters that justice may 
 54.12  require. 
 54.13     Sec. 52.  [115F.72] [DISCIPLINARY ACTION.] 
 54.14     (a) The office may take disciplinary action against any 
 54.15  party responsible for directing, contributing to, participating 
 54.16  in, or otherwise influencing the operations of a certified or 
 54.17  registered facility or program.  A responsible party includes, 
 54.18  but is not limited to, the certificate holder, registrant 
 54.19  officer, director, or managing employee.  Except as otherwise 
 54.20  provided in this chapter, the office shall provide a notice and 
 54.21  hearing in accordance with chapter 14 before taking any 
 54.22  disciplinary action against a certificate holder. 
 54.23     (b) All of the following are grounds for disciplinary 
 54.24  action in the form determined by the office in accordance with 
 54.25  paragraph (c): 
 54.26     (1) the responsible party engaged in fraud or deceit to 
 54.27  obtain a certificate or registration; 
 54.28     (2) the responsible party engaged in dishonesty, 
 54.29  incompetence, negligence, or fraud in performing the functions 
 54.30  and duties of a certificate holder or registrant; 
 54.31     (3) the responsible party violated this chapter or any rule 
 54.32  adopted under this chapter, including, but not limited to, any 
 54.33  requirements concerning auditing, reporting, standards of 
 54.34  operation, or being open for business; and 
 54.35     (4) the responsible party is convicted of any crime of 
 54.36  moral turpitude or fraud, any crime involving dishonesty, or any 
 55.1   crime substantially related to the qualifications, functions, or 
 55.2   duties of a certificate holder. 
 55.3      (c) The office may take disciplinary action under this 
 55.4   section by taking any one of, or any combination of, the 
 55.5   following: 
 55.6      (1) immediate revocation of the certificate or registration 
 55.7   or revocation of a certificate or registration as of a specific 
 55.8   date in the future; 
 55.9      (2) immediate suspension of a certificate or registration 
 55.10  for a specified period of time or suspension of the certificate 
 55.11  or registration as of a specified date in the future; 
 55.12     (3) imposition on the certificate or registration of any 
 55.13  condition that the office determines would further the goals of 
 55.14  this chapter; 
 55.15     (4) issuance of a probationary certificate or registration 
 55.16  with conditions determined by the office; 
 55.17     (5) collection of amounts in restitution of any money 
 55.18  improperly paid to the certificate holder or registrant from the 
 55.19  fund; or 
 55.20     (6) imposition of civil penalties under section 115F.71. 
 55.21     (d) The office may do any of the following in taking 
 55.22  disciplinary action under this section: 
 55.23     (1) if a certificate holder or registrant holds 
 55.24  certificates or is registered to operate at more than one site 
 55.25  or to operate in more than one capacity at one location, such as 
 55.26  an entity certified as both a processor and a recycling center, 
 55.27  the office may simultaneously revoke, suspend, or impose 
 55.28  conditions upon some or all of the certificates held by the 
 55.29  responsible party; 
 55.30     (2) if the responsible party is an officer, director, 
 55.31  partner, manager, employee, or the owner of a controlling 
 55.32  ownership interest of another certificate holder or registrant, 
 55.33  the other operator's certificate or registration may also be 
 55.34  revoked, suspended, or conditioned by the office in the same 
 55.35  proceeding, if the other certificate holder or registrant is 
 55.36  given notice of that proceeding, or in a subsequent proceeding; 
 56.1      (3) if under notice and a hearing conducted by the director 
 56.2   or the director's designee in accordance with chapter 14, the 
 56.3   office determines that the continued operation of a certified or 
 56.4   registered entity poses an immediate and significant threat to 
 56.5   the fund, the office may order the immediate suspension of the 
 56.6   certificate holder or registrant, pending revocation of the 
 56.7   certificate or registration, or the issuance of a probationary 
 56.8   certificate imposing reasonable terms and conditions. 
 56.9      (e) An order of suspension or probation may be issued to 
 56.10  any or all certified or registered facilities or programs 
 56.11  operated by a person or entity that the office determines to be 
 56.12  culpable or responsible for the loss or conduct identified. 
 56.13     (f) The order of suspension or issuance of a probationary 
 56.14  certificate imposing terms or conditions shall become effective 
 56.15  upon written notice of the order to the certificate holder or 
 56.16  registrant.  Within 20 days after notice of the order of 
 56.17  suspension, the office shall file an accusation seeking 
 56.18  revocation of any or all certificates or registrations held by 
 56.19  the certificate holder or registrant.  The certificate holder or 
 56.20  registrant may, upon receiving the notice of the order of 
 56.21  suspension or probation, appeal the order by requesting a 
 56.22  hearing in accordance with chapter 14.  A request for a hearing 
 56.23  or appeal from an order of the office does not stay the action 
 56.24  of the office for which the notice of the order is given.  The 
 56.25  office may combine hearings to appeal an order of suspension and 
 56.26  a hearing for the proposed revocation of a certificate or 
 56.27  registration into one proceeding. 
 56.28     (g) Nothing in this section shall prohibit the office from 
 56.29  immediately revoking a probationary certificate. 
 56.30     (h) For purposes of this section, an immediate and 
 56.31  significant threat to the fund means any of the following: 
 56.32     (1) a loss to the fund of at least $10,000 during the 
 56.33  six-month period immediately preceding the order of suspension; 
 56.34     (2) missing or fraudulent records associated with a claim 
 56.35  or claims totaling at least $10,000 during the six-month period 
 56.36  immediately preceding the order of suspension; 
 57.1      (3) a pattern of deceit, fraud, or intentional misconduct 
 57.2   in carrying out the duties and responsibilities of a certificate 
 57.3   holder during the six-month period immediately preceding the 
 57.4   order of suspension; or 
 57.5      (4) at least three claims submitted for ineligible material 
 57.6   in violation of this chapter. 
 57.7      (i) For purposes of this section, a pattern of deceit, 
 57.8   fraud, or intentional misconduct in carrying out the duties of a 
 57.9   certificate holder includes, but is not limited to, the 
 57.10  destruction or concealment of any records six months immediately 
 57.11  preceding the order of suspension. 
 57.12     Sec. 53.  [115F.73] [PREVAILING PARTY COST RECOVERY.] 
 57.13     In any civil or administrative action brought under this 
 57.14  chapter in which the office prevails, the office may assess 
 57.15  against the defendant or respondent any costs and fees, 
 57.16  including attorney and experts' fees, and the cost of the 
 57.17  investigation and hearing, which are incurred by the fund 
 57.18  whether paid or payable from the fund and are a result of 
 57.19  bringing the civil or administrative action against the 
 57.20  defendant or respondent.  In the same action, the defendant or 
 57.21  respondent may claim from the office any costs and fees incurred 
 57.22  in defending or responding to any action brought by the office 
 57.23  in which the defendant or respondent prevails upon a finding 
 57.24  that the office's action was clearly frivolous or lacking in 
 57.25  significant merit. 
 57.26     Sec. 54.  [115F.74] [RESTITUTION.] 
 57.27     In addition to any other remedies, penalties, and 
 57.28  disciplinary actions provided by this chapter or otherwise, the 
 57.29  office may seek restitution of any money illegally paid to any 
 57.30  person from the fund of the total amount plus interest at the 
 57.31  rate earned on the unobligated balance in the fund. 
 57.32     Sec. 55.  [115F.75] [CEASE AND DESIST ORDERS.] 
 57.33     (a) When a person is engaged in recycling activity that 
 57.34  violates this chapter, any rule adopted under this chapter, or 
 57.35  an order issued under this chapter, the office may issue an 
 57.36  order to that person to cease and desist from that activity. 
 58.1      (b) If a request for a hearing is filed in writing within 
 58.2   ten days of the date of service of the order described in 
 58.3   paragraph (a), a hearing shall be held in accordance with 
 58.4   chapter 14.  The director or the director's designee shall 
 58.5   determine whether to sustain or reverse the cease and desist 
 58.6   order.  If sustained, the order shall become effective and final 
 58.7   upon the issuance and service of the order. 
 58.8      (c) If no written request for a hearing is filed within ten 
 58.9   days of the date of service of the order described in paragraph 
 58.10  (a), or if a party requesting the hearing does not appear at the 
 58.11  hearing, the order shall be deemed the final order of the office 
 58.12  and is not subject to review by any court or agency.  This order 
 58.13  shall become effective and final after the expiration of the 
 58.14  ten-day period within which a hearing may be requested. 
 58.15     (d) If a hearing is requested under paragraph (b) and the 
 58.16  party requesting the hearing does not appear on the date 
 58.17  scheduled and fails to notify the office at least five days 
 58.18  prior to the hearing date that the party will not appear, the 
 58.19  office may recover from the party all costs and fees incurred by 
 58.20  the office, including attorney and experts' fees, and any other 
 58.21  costs associated with preparing for or conducting the hearing. 
 58.22     (e) Upon the failure of any person or persons to comply 
 58.23  with any cease and desist order issued by the office, the 
 58.24  attorney general, upon request of the office, shall petition the 
 58.25  superior court for the issuance of a preliminary or permanent 
 58.26  injunction, or both, as may be appropriate, restraining the 
 58.27  person from continuing the activity in violation of the cease 
 58.28  and desist order. 
 58.29     (f) The court shall issue an order directing defendants to 
 58.30  appear before the court at a certain time and place and show 
 58.31  cause why the injunction should not be issued.  The court may 
 58.32  grant the prohibitory or mandatory relief that may be warranted. 
 58.33     Sec. 56.  [115F.76] [UNDERPAYMENT AND LATE PAYMENT; 
 58.34  DISTRIBUTORS.] 
 58.35     The office may assess a civil penalty of up to 15 percent 
 58.36  of the amount due for payment and interest at the rate earned by 
 59.1   the unobligated balance in the fund on distributors and beverage 
 59.2   or soap manufacturers for underpayment or late payment of the 
 59.3   redemption payments for containers to the fund.  The office may 
 59.4   examine the accounts and records of distributors and beverage or 
 59.5   soap manufacturers that pay or should pay a redemption payment.  
 59.6   No penalty shall be assessed until 30 days after the office has 
 59.7   notified the distributor or manufacturer of the penalty 
 59.8   assessment and the amount due for payment and interest has not 
 59.9   been paid. 
 59.10     Sec. 57.  [115F.77] [FAILURE TO MAKE PAYMENT; 
 59.11  MANUFACTURERS.] 
 59.12     (a) The office may assess a civil penalty of up to 15 
 59.13  percent of the amount due for payment and interest at the rate 
 59.14  earned by the unobligated balance in the fund on any beverage or 
 59.15  soap manufacturer that fails to pay a processing fee required 
 59.16  under section 115F.66.  The office may examine the accounts and 
 59.17  records of any beverage or soap manufacturer that pays or should 
 59.18  pay a processing fee.  No penalty shall be assessed until 30 
 59.19  days after the office has notified the manufacturer of the 
 59.20  penalty assessment and the amount due for payment and interest 
 59.21  has not been paid. 
 59.22     (b) If the office determines that an audit of a beverage or 
 59.23  soap manufacturer shows that there has been an underpayment of a 
 59.24  processing fee, the office may examine the records concerning 
 59.25  beverage container or soap container sales of any container 
 59.26  manufacturer who supplied the beverage and soap containers to 
 59.27  the beverage or soap manufacturer. 
 59.28     Sec. 58.  [115F.78] [REDEMPTION OF CONTAINERS PREVIOUSLY 
 59.29  REDEEMED.] 
 59.30     The office may assess upon any person, entity, or operation 
 59.31  that redeems, attempts to redeem, or aids in the redemption of 
 59.32  empty beverage and soap containers that have already been 
 59.33  redeemed, a civil penalty of up to $10,000 per transaction, or 
 59.34  an amount equal to three times the damage or potential damage, 
 59.35  whichever is greater, plus costs as provided in section 115F.73 
 59.36  under notice and hearing in accordance with chapter 14. 
 60.1      Sec. 59.  [115F.79] [INDIVIDUAL VIOLATIONS.] 
 60.2      Subdivision 1.  [DEFINITIONS.] For purposes of this 
 60.3   section, the following definitions apply: 
 60.4      (1) "person" means any individual, corporation, operation, 
 60.5   or entity whether or not certified or registered under this 
 60.6   chapter; and 
 60.7      (2) "refund value" means, in addition to the definition in 
 60.8   section 115F.03, any payment by a certified recycler for 
 60.9   beverage container or soap container material that is at least 
 60.10  15 percent more than the statewide average scrap value for that 
 60.11  material type, as determined by the office for the month in 
 60.12  which the payment was made, unless the office determines that a 
 60.13  reasonable basis exists for that payment. 
 60.14     Subd. 2.  [PROHIBITIONS.] (a) No person shall pay, claim, 
 60.15  or receive any refund value, processing payment, handling fee, 
 60.16  or administrative fee for any of the following: 
 60.17     (1) beverage container material that the person knew or 
 60.18  should have known was imported from out-of-state; or 
 60.19     (2) a previously redeemed container, rejected container, 
 60.20  line breakage, or other ineligible material. 
 60.21     (b) No person shall, with intent to defraud, do any of the 
 60.22  following: 
 60.23     (1) redeem or attempt to redeem an out-of-state container, 
 60.24  rejected container, line breakage, previously redeemed 
 60.25  container, or other ineligible material; 
 60.26     (2) return a previously redeemed container to the 
 60.27  marketplace for redemption; 
 60.28     (3) bring an out-of-state container, rejected container, 
 60.29  line breakage, or other ineligible material to the marketplace 
 60.30  for redemption; or 
 60.31     (4) receive, store, transport, distribute, or otherwise 
 60.32  facilitate or aid in the redemption of a previously redeemed 
 60.33  container, out-of-state container, rejected container, line 
 60.34  breakage, or other ineligible material. 
 60.35     (c) For purposes of implementing paragraph (a), the office 
 60.36  shall take all reasonable steps to exclude beverage container or 
 61.1   soap container material imported from out-of-state, previously 
 61.2   redeemed containers, rejected containers, and line breakage when 
 61.3   conducting surveys to determine a commingled rate under section 
 61.4   115F.21. 
 61.5      Sec. 60.  [115F.80] [IMPORT REPORTING REQUIREMENTS.] 
 61.6      (a) Any person importing more than 100 pounds of aluminum, 
 61.7   bimetal, or plastic beverage container or soap container 
 61.8   material or more than 1,000 pounds of glass beverage container 
 61.9   material into the state shall report the material to the office 
 61.10  and provide the office with an opportunity for inspection in 
 61.11  accordance with the rules adopted by the office. 
 61.12     (b) The office may impose civil penalties under section 
 61.13  115F.71 or take disciplinary action under section 115F.72 for a 
 61.14  violation of this section. 
 61.15     Sec. 61.  [115F.81] [FALSIFICATION OF DOCUMENTS.] 
 61.16     (a) No person shall falsify documents required under this 
 61.17  chapter or under rules adopted by the office.  The falsification 
 61.18  of these documents is evidence of intent to defraud and, for 
 61.19  purposes of section 115F.71, paragraph (b), constitutes 
 61.20  intentional misconduct.  The office may also take disciplinary 
 61.21  action under section 115F.72 against a person who engages in 
 61.22  falsification, including, but not limited to, revocation of any 
 61.23  certificate or registration. 
 61.24     (b) No person shall submit or cause to be submitted a 
 61.25  fraudulent claim under this chapter.  For purposes of this 
 61.26  paragraph, a fraudulent claim is a claim based in whole or in 
 61.27  part on false information or falsified documents.  Any person 
 61.28  who submits a fraudulent claim is subject to the assessment of 
 61.29  penalties under section 115F.71, paragraph (b).  The office may 
 61.30  take action for full restitution for a fraudulent claim under 
 61.31  section 115F.74 and may also take disciplinary action under 
 61.32  section 115F.72, including, but not limited to, revocation of 
 61.33  any certificate or registration.