Puerto Rico

The 2015 Puerto Rico Bill 189

Bill Number and Name Senate Bill 189 – Beverage
Container Recycling Law
Primary Sponsor Mr. Suarez Caceres

Activity

01/02/2013 Filed
1/17/2013 Referred to Commission: Natural Resources, Environmental & Energy Affairs (SENATE)
1/17/2013 First Reading at the Senate Executive Meeting
05/12/2014 Executive Meeting & Referred to Natural & Environmental Resources Commission (SENATE)
9/24/2014 Public Hearing & Referred to Natural & Environmental Resources Commission (SENATE)
10/14/2014 Executive Meeting & Referred to Natural & Environmental Resources Commission (SENATE)

Beverages Covered

Included but not limited to water, juices and nectars, alcoholic beverages, and soft drinks of all kinds, both carbonated and non-carbonated. Cow’s milk is exempt. Does not apply to containers that are 2 gallons or larger.

Deposits and Fees

  • Deposit: $0.05 refundable deposit on each container.
  • The manufacturers/dealers will pay the retailer or redemption center the amount equivalent to the original deposit retained by each returned container
  • Manufacturers/dealers will pay an amount not less than twenty percent (20%) of the deposit for handling costs and container segregation.
  • Unredeemed deposit retained by manufacturer/supplier

Redemption System

  • Return to retail and redemption center- retailers must make cash refunds to consumers.
    • A retailer may refuse to refund the deposit if there is a redemption centers located one (1) mile or less from the retailer.
  • Manufacturers, distributors, retailers, or redemption centers can refuse to refund deposit beverage containers that are broken, dirty or still contain residues of the drink.
  • Retailers may refuse to accept beverage containers from individuals attempting to return one hundred twenty (120) container or more at the same time or within the period of one week. Redemption centers have no quantity limit.
  • The manufacturer or supplier cannot refuse to accept empty returnable beverage containers and is responsible for the recycling of returnable beverage containers.

Penalties

  • Violations of this law may be punished by criminal or administrative actions, at the option of the Authority for the Management and Disposal of Solid Waste Puerto Rico
    • Imposes a penalty for a general violation of the law of at least $100 but not more than $1,000 for each violation, or imprisonment not exceeding 6 months, or both at the discretion of the courts.

The 2015 Puerto Rico Bill 2141

Bill Number and Name House Bill 2141
Primary Sponsor Rep. Víctor L. Vassallo Anadón,
Rep. José L. Báez Rivera

Activity

9/29/2014 Filed
9/29/2014 Referred to Committee: Natural Resources, Environmental & Energy Affairs (House)
10/06/2014 First Reading in the House
1/26/2015 Public Hearing, Committee: Natural Resources, Environmental & Energy Affairs (House)
2/2/2015 Public Hearing, Committee: Natural Resources, Environmental & Energy Affairs (House)

Beverages Covered

Includes aluminum, glass, or plastic (PET & HDPE) beverage containers ranging from 4 ounces to 128 ounces.
Excludes concentrated products, condiments, dressings, extracts, sauces, food additives, coffee drinks, liquid medicine, infant formula, dietary supplements, frozen drinks, instant drink powders, broths, soups, milk and other dairy products.

Deposits and Fees

  • Deposit: $0.05 refundable deposit on each valid container
  • Handling Fee: $0.02 – revised annually by the administrative board and may be increased or decreased
  • Administrative Fee: equal to 2% of all containers collected
  • All fees, deposits, and interest collected, including excess deposits will be placed in the Beverage Container Deposit Fund established by the Government Development Bank.
  • The fund will be used to:
    • Pay redemption value of redeemed containers
    • Subsidize the cost of handling containers redeemed at redemption centers, the administrative costs incurred by processors, and the disposal costs of processors
    • Cover administrative, accounting, auditing, program oversight and other related activities
    • Subsidize major works for closing landfills located on public land in Puerto Rico (no more than 10% of the fund)
    • Provide support to Redemption Centers and Processors
    • Promote recycling and educational programs
    • Remaining monies in the fund will not revert to the General Fund and will remain in the program to use in future fiscal years

Redemption System

  • Redemption system is not specified. Following entities (but not limited to these) may choose to act as redemption centers and must be certified by the Solid Waste Authority prior to operation:
    • Corner/liquor stores, supermarkets, grocery stores, retailers, non profit organizations, such as
      homeless shelters, recycling programs operated by
      or on behalf of a municipality, district, sector or agency, including a certified redemption center, transfer station, materials recovery facility (MRF), landfills, certified processors, and mobile redemption centers.
  • Regulated by the Solid Waste Authority
  • Certified processors must accept all containers from redemption centers and issue payment for handling containers

Penalties

  • Violations of this law will be considered a misdemeanor and may be punishable by revocation of permit, license, certification, or authorization plus a fine decided at the discretion of the Solid Waste Authority
  • Persons redeeming containers not purchased in Puerto Rico are subject to $100 fine per container
  • Fines collected for violations reported by certified redemption centers or certified processing centers will be divided, where 50% will go to the Fund and 50% will remain with the reporter of the violation

Structure

Distributor pays $0.05 Government Development Bank
Distributor charges $0.05 Retailer
Retailer charges $0.05 Consumer

Consumer returns container retailer
Retailer provides $0.05 Consumer
Government Development Bank pays handling fee ($0.02) via Processor Retailer
Government Development Bank pays administrative fee (equal to 2% of the refund of all containers collected) Processor/Processing Center

Updated February 4, 2015

 


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