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This entry was published on 2014-09-22
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SECTION 27-1013
Redemption centers
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 27, TITLE 10
§ 27-1013. Redemption centers.

1. The commissioner is hereby empowered to promulgate rules and
regulations governing (a) the circumstances in which deposit initiators,
dealers and distributors, individually or collectively, are required to
accept the return of empty beverage containers, including beverage
containers processed through reverse vending machines and make payment
therefor; (b) the sorting of the containers which a deposit initiator or
distributor may require of dealers and redemption centers; (c) the
collection of returned beverage containers by deposit initiators or
distributors, including the party to whom such expense is to be charged,
the frequency of such pick ups and the payment for refunds and handling
fees thereon; (d) the right of dealers to restrict or limit the number
of containers redeemed, the rules for redemption at the dealers' place
of business, and the redemption of containers from a beverage for which
sales have been discontinued; (e) to issue registrations to persons,
firms or corporations which establish redemption centers, subject to
applicable provisions of local and state laws, at which redeemers and
dealers may return empty beverage containers and receive payment of the
refund value of such beverage containers. Such registrations shall be
issued at no cost. Should the department require by regulations adopted
pursuant to this paragraph that redemption centers must obtain a
registration as a condition of operation, any redemption center in
business as of March first, two thousand thirteen that previously
provided the department with the notification information required by
regulations in effect as of such date may continue to operate as if the
department had issued such redemption center a registration required by
regulations adopted under this paragraph; provided, however, that such
redemption center shall provide the department with any other
information required by regulations adopted pursuant to this paragraph.
The department may, after due notice and opportunity of hearing,
pursuant to the provisions of section 71-1709 of this chapter, deny an
application or revoke a registration. In determining whether or not to
revoke a registration the commissioner shall at a minimum, take into
consideration the compliance history of a violator, good faith efforts
of a violator to comply, any economic benefit from noncompliance and
whether the violation was procedural in nature. The commissioner's
determination to revoke a registration is subject to review under
article seventy-eight of the civil practice law and rules; and (f) the
operation of mobile redemption centers in order to ensure that to the
best extent practicable containers are not proffered for redemption to a
deposit initiator or distributor outside of the geographic area where
such deposit initiator sells containers and initiates deposits.

2. The department may require a redemption center to obtain a permit,
as an alternative to registration if such center is located at the same
facility or site as another solid waste management facility otherwise
subject to the requirements of title seven of this article or the
regulations promulgated pursuant thereto.

3. No dealer or distributor, as defined in section 27-1003 of this
title, shall be required to obtain a permit to operate a redemption
center at the same location as the dealer's or distributor's place of
business. Operators of such redemption centers shall receive payment of
the refund value of each beverage container from the appropriate deposit
initiator or distributor as provided under section 27-1007 of this

4. Each dealer and redemption center shall require any person
tendering for redemption more than two thousand five hundred containers
at one time to such dealer or redemption center to provide such person's
name and address and the license plate of the vehicle used to transport
the containers, or, in the case of an agent or employee of a
not-for-profit corporation, a sales tax exemption certificate. The
dealer or redemption center redeeming the beverage containers shall keep
the information on file for a minimum of twelve months and provide same
to the department upon request.