Indiana

The 2015 Indiana Recycling Bill

Bill Number and Name Senate Bill 142
Primary Sponsor Senator Lonnie Randolph

Activity

S 01/06/2015 First Reading: Referred to Commerce & Technology
S 01/06/2015 Authored by Senator Randolph

Beverages Covered

Beer, carbonated soft drinks, water (sparkling, still and flavored), wine coolers, and tea.

Deposits and Fees

Deposit: $0.10 refundable deposit on each container.

Unredeemed deposit: 25% of excess deposits are to be used to compensate retailers for taking returns, 2% of excess deposits are to be used to cover administrative costs of the state, and the remainder of excess deposits will provide revenue to the recycling promotion and assistance fund – fund to be administered by treasurer of the state

Redemption System

Return to retail - retailers must make cash refunds to consumers

    • Retailer is not required to accept returnable containers for a refund that exceeds $25 on any given day
    • Distributors required to make cash refunds to retailers

Allows manufacturers or distributors to be the originator of the deposit.

    • The originator of deposits is required to file a deposit report with the state and pay any excess deposits the originator collects

Redemption centers are allowed, but are not a substitute for the return-to-retail system.

The department of state revenue is the administrator of the beverage container deposit program

Penalties

Imposes a penalty for a general violation of the law of at least $100 but not more than $1,000 plus costs and attorney's fees associated with a civil action filed to collect the penalty.

  • A person who returns or attempts to return nonreturnable containers commits either:
  • a Class C infraction if it involves at least 25 but not more than 100 nonreturnable containers; OR
  • a Class C misdemeanor if it involves more than 100 nonreturnable containers or is a second or subsequent violation; AND
  • Violator must also pay the amount of loss caused to the retailer by the violation

Retailers must post a sign regarding penalties

    Updated May 14, 2015

     


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