Sec. 22a-245e. Reverse vending machine installation and maintenance. Dealer requirement. Exemptions. Violation. Fine. Civil penalty.
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(a)On and after October 1, 2021, any dealer, as defined in section 22a-243 , whose place of business is part of a chain engaged in the same general field of business that operates ten or more units in this state under common ownership and whose business has not less than seven thousand square feet devoted to the display of merchandise for sale to the public shall install and maintain not less than two reverse vending machines, as defined in section 22a-243 , at such dealer's place of business.
(b)The requirements of subsection
(a)of this section to install and maintain reverse vending machines shall not apply to any dealer that:
(1)Sells only beverage containers, as defined in section 22a-243 , of twenty ounces or less where such beverage containers are packaged in quantities fewer than six;
(2)sells beverage containers and devotes no more than five per cent of the dealer's floor space to the display and sale of consumer products; or
(3)obtains a waiver from the Commissioner of Energy and Environmental Protection authorizing dealers to provide consumers with an alternative technology that:
(A)Determines if the beverage container is redeemable,
(B)provides protections against fraud through a system that validates each beverage container redeemed by reading the universal product code and, except with respect to refillable containers, renders the beverage container unredeemable,
(C)accumulates information regarding beverage containers redeemed, and
(D)issues legal tender, or a scrip, receipt or other form of credit for the refund value, that can be exchanged for legal tender for a period of not less than sixty days without requiring the purchase of other goods. If such alternative technology does not allow consumers to immediately obtain the refund value of the redeemed beverage container, a dealer shall be permitted to deploy such alternative technology only if such dealer also offers an alternative that allows consumers to conveniently and immediately obtain such refund value through a reverse vending machine or other alternative method.
(c)For any dealer exempt from the provisions of subsection
(a)of this section and whose place of business is not less than forty thousand square feet but does not utilize reverse vending machines to process empty beverage containers for redemption shall:
(1)Establish and maintain a dedicated area within such business to accept beverage containers for redemption;
(2)adequately staff such area to facilitate efficient acceptance and processing of such containers during business hours; and
(3)post one or more conspicuous signs at each public entrance to the business that describes where in the business the redemption area is located.
(d)Any dealer who violates the provisions of this section shall be fined not more than one thousand dollars, and an additional civil penalty of not more than one thousand dollars for each day during which each such violation continues. Any such civil penalty may be assessed by the Commissioner of Energy and Environmental Protection following a hearing held in accordance with chapter 54.