Delaware
The following text was found at http://delcode.delaware.gov/title7/c060/sc03/index.shtml
Delaware Code, TITLE 7, Chapter 60,
Subchapter III. Beverage Containers
§ 6051. Findings; intent.
The General Assembly hereby finds that beverage containers are a major source of nondegradable litter in this State and that the collection and disposal of this litter and solid waste constitutes a great financial burden for the citizens of this State; and, that, in addition to this unnecessary expenditure of tax moneys, such litter unreasonably interferes with the enjoyment of life and property by our citizens; and that the practice of littering is not compatible with previously adopted policies of the State in regard to proper use and protection of our natural resources.
It is the intent of the General Assembly to create incentives for the manufacturers, distributors, dealers and consumers of beverage containers to reuse or recycle beverage containers thereby removing the blight on the landscape caused by the disposal of these containers on the highways and lands of the State and reducing the increasing costs of litter collection and disposal. (61 Del. Laws, c. 503, § 1.)
§ 6052. Definitions.
(a) "Beverage" shall mean any mineral waters (but not including naturally sparkling mineral waters), soda waters or any other carbonated beverage not containing alcohol that is commonly known as a "soft drink" and any beer, ale or other malt beverage containing alcohol.
(b) "Beverage container" means any airtight nonaluminous container containing less than 2 gallons of a beverage under pressure of carbonation.
(c) "Biodegradable or photodegradable material" means material which is capable of being broken down by bacteria or light.
(d) "Consumer" means any person who purchases a beverage in a beverage container for final use or consumption.
(e) "Dealer" means any person who engages in the sale of beverages in beverage containers to a consumer and shall include groups of retailers or retail chains.
(f) "Department" shall mean the Department of Natural Resources and Environmental Control or its successor agency.
(g) "Deposit" means the sum paid to the distributor by the dealer or to the dealer by the consumer when beverages are purchased in returnable beverage containers, and which is refunded when the beverage container is returned.
(h) "Distributor" means any person who engages in the sale of beverages in beverage containers to a dealer including any manufacturer who engages in such sale.
(i) "Manufacturer" means any person who bottles, cans, packs or otherwise fills beverage containers for sale to distributors or dealers.
(j) "On-premise sales" means sales transactions in which beverages are purchased by a consumer for immediate consumption within the area under control of the dealer.
(k) "Recyclable" means substances or products that can be recovered from the waste stream and reused in total or in part for the same or other uses.
(l) "Recycling" means the process of sorting, cleansing, treating and reconstituting discarded materials for the purpose of reusing the materials in the same or altered form.
(m) "Redemption center" means a store or other location where any person may, during normal business hours, redeem the amount of the deposit for any empty beverage container for which a deposit was required pursuant to this subchapter.
(n) "Refund" means the sum, equal to the deposit, that is given to the consumer or the dealer or both in exchange for empty returnable beverage containers.
(o) "Returnable beverage container" means a beverage container for which a refund or equal value is payable upon return, whether such container is refillable or not. This definition and this subchapter shall not apply to any beverage container which is capable of containing 64 or more ounces of beverage. (61 Del. Laws, c. 503, § 1; 63 Del. Laws, c. 385, § 1; 67 Del. Laws, c. 341, § 1; 71 Del. Laws, c. 74, § 2.)
§ 6053. Use of returnable beverage containers.
(a) Any beverage in a beverage container sold or offered for sale in this State shall be in a returnable beverage container.
(b) A dealer shall not procure beverages in beverage containers from distributors who refuse to accept from the dealer any returnable beverage containers of the kind, size and brand sold by the distributor and pay to the dealer the refund value of the beverage container.
(c) Dealers shall inform consumers that beverages are sold in returnable beverage containers by placing a sign, or a shelf label, or both, in close proximity to any sales display of beverages in returnable containers. Such a sign or label shall indicate the amount of deposit required for each container and that all containers are returnable. If the dealer participates in a redemption center, the location of that center shall be posted.
(d) No person under 20 years of age shall return any beverage container, the use of which has been to contain beer, ale or other malt beverage containing alcohol, to any redemption center, which also, as part of its business, is engaged in the selling of alcoholic beverages. (61 Del. Laws, c. 503, § 1.)
§ 6054. Deposits.
(a) The manufacturer or the distributor shall set the amount of the deposit required and may develop a schedule of deposits varying according to the size of the container involved. A deposit of not less than 5 cents shall be paid by the consumer on each beverage container sold at the retail level and refunded to the consumer upon return of the empty beverage container to a dealer or a redemption center.
(b) A deposit shall not be required for on-premise sales if the empty beverage containers are returned to the distributor. (61 Del. Laws, c. 503, § 1.)
§ 6055. Labeling.
(a) Every beverage container sold or offered for sale in this State shall clearly indicate by embossing or imprinting on the normal product label, or in the case of a metal beverage container on the top of the container, the word "Delaware" and the refund value of the container in not less than one-quarter inch type size.
(b) This section shall not apply to beverage containers which are certified as refillable by the distributor and which have deposit notations permanently printed or embossed on the container. (61 Del. Laws, c. 503, § 1.)
§ 6056. Redemption centers.
(a) Any dealer or distributor or manufacturer or person or any combination thereof may establish a redemption center subject to approval of the Department.
(b) Application for approval of a redemption center shall be filed with the Department. The application shall state the name and address of the person responsible for the establishment and operation of the center, the kinds, sizes and brand names of beverage containers which will be accepted and the addresses of dealers to be served.
(c) The Department shall approve a redemption center if it finds that the center will provide a convenient service to persons for the return of empty beverage containers. The order approving a redemption center shall state the dealers to be served and the kinds, sizes and brand names of empty beverage containers which the center shall accept. The order may contain such other provisions to insure the redemption center will provide convenient service to the public as the Department may determine.
(d) The Department may review at any time approval of a redemption center. After written notice to the person responsible for the establishment and operation of the redemption center and to the dealers served by the center, the Department may, after hearing, withdraw approval of the center if it finds there has not been compliance with the approval order or if the redemption center no longer provides a convenient service to the public.
(e) A redemption center may also accept for reuse or recycling materials other than beverage containers. (61 Del. Laws, c. 503, § 1.)
§ 6057. Refund procedures.
(a) A dealer shall accept from a consumer any empty beverage container of the kind, size and brand sold by the dealer, and pay the consumer the refund on the appropriately labeled returnable beverage container.
(b) A dealer may refuse to refund deposits on beverage containers if a redemption center or centers are established in the vicinity which serve the public need.
(c) A dealer or redemption center may refuse to refund deposits on beverage containers which are broken, or unclean, or not empty. Such dealer or center may refuse to accept beverage containers from any person who attempts to return 120 or more containers at the same time, or within a 1-week period.
(d) A dealer or a redemption center upon redeeming beverage containers shall be reimbursed by the manufacturer or distributor of such beverage containers in an amount which is at least 20 percent of the deposit returned to the consumer in addition to the refund. (61 Del. Laws, c. 503, § 1.)
§ 6058. Educational program.
(a) State informational material such as travel pamphlets, road maps and similar publications submitted for printing on or after January 1, 1978, shall bear information relating to this subchapter. This information shall take the form of a standard public statement relating to the deposit law, urging travelers to avoid littering.
(b) The Department of Education shall incorporate information on this subchapter in educational material which it normally distributes to primary and secondary educational institutions within the State, urging an end to littering. (61 Del. Laws, c. 503, § 1; 73 Del. Laws, c. 65, § 5.)
§ 6059. Prohibitions.
No beverage shall be sold or offered for sale at retail in this State:
(1) In a metal container designed and constructed so that part of the container is detachable in opening the container.
(2) In containers connected to each other with plastic rings or similar devices which are not classified by the Department as biodegradable, photodegradable or recyclable.
(3) In a glass beverage container which is not recyclable or refillable. (61 Del. Laws, c. 503, § 1; 64 Del. Laws, c. 57, § 1; 67 Del. Laws, c. 341, § 2.)
§ 6060. Penalty; enforcement.
(a) Whoever violates this subchapter or any rule or regulation duly promulgated thereunder, or any order of the Secretary of the Department of Natural Resources and Environmental Control issued pursuant to this subchapter, shall be punishable as follows:
(1) If the violation has been completed, by a civil penalty imposed by the Superior Court of not less than $250 nor more than $1,000 for each completed violation; if the violation has been completed and there is a substantial likelihood that it will reoccur, the Secretary may also seek a permanent or preliminary injunction or temporary restraining order in the Court of Chancery.
(2) If the violation is continuing, the Secretary may seek a monetary penalty as provided in paragraph (1) of this subsection. If the violation is continuing or is threatening to begin, the Secretary may also seek a temporary restraining order or permanent injunction in the Court of Chancery. In his or her discretion, the Secretary may endeavor by conciliation to obtain compliance with all requirements of this subchapter. Conciliation shall be giving written notice to the responsible party: (i) Specifying the complaint; (ii) proposing a reasonable time for its correction; (iii) advising that a hearing on the complaint may be had if requested by a date stated in the notice; and (iv) notifying that a proposed correction date will be ordered unless a hearing is requested. If no hearing is requested on or before the date stated in the notice, the Secretary may order that the correction be fully implemented by the proposed date or may, on his or her own initiative, convene a hearing, in which the Secretary shall publicly hear and consider any relevant submission from the responsible party as provided in § 6006 of this title.
(b) The Secretary of the Department of Natural Resources and Environmental Control shall have the authority to enforce this subchapter. (61 Del. Laws, c. 503, § 1; 70 Del. Laws, c. 186, § 1.)
§ 6061. Fines payable by mail.
(a) Applicability. -- Any duly constituted environmental protection officer or peace officer in this State, who charges any person with any of the offenses which are violations of laws or regulations established or promulgated under the authority of this chapter, may, in addition to issuing a summons for any such offenses, provide the violator with a voluntary assessment form which, when properly executed by the officer, allows the offender to dispose of the charges without the necessity of personally appearing in the court to which the summons is returnable.
(b) Definitions. --
(1) "Payment," as used in this section, shall mean the total amount of the fine and the costs as herein provided and the penalty assessment added to the fine, pursuant to the Delaware Victim Compensation Law, Chapter 90 of Title 11.
(2) "Voluntary assessment form," as used in this section, shall mean the written agreement or document signed by the violator, wherein he/she agrees to pay by mail the fine for the offense described therein, together with costs and penalty assessment.
(c) Places and time of payment. -- Payments made pursuant to this section shall be remitted to the court to which the summons is returnable and shall be disbursed in accordance with § 6062 of this title. The payment must be received by the court within 10 days from the date of arrest (excluding Saturday and Sunday) and shall be paid only by check or money order.
(d) Offenses designated as "offenses subject to voluntary assessment"; exceptions. -- All offenses, as now or hereafter set forth in this chapter, or regulations promulgated under the authority of this chapter, are hereby designated as offenses subject to voluntary assessment except offenses under the jurisdiction of Superior Court.
(e) Offer and acceptance of voluntary assessment; effect; withdrawal of acceptance; request for hearing. --
(1) At the time of making an arrest for any offense subject to this section, the arresting officer may offer the alleged violator the option of accepting a voluntary assessment. The alleged violator's signature on the voluntary assessment form constitutes an acknowledgment of guilt of the offense stated in the form, and an agreement to pay the fine as herein provided, together with costs and penalty assessment, within 10 days from the date of arrest (excluding Saturday and Sunday) during which time payment must be received by the court.
(2) The alleged violator, after signing and receiving the voluntary assessment form, may withdraw his/her acceptance of the voluntary assessment and request a hearing on the charge stated in such form, provided that the alleged violator, within 10 days from the date of arrest (excluding Saturday and Sunday), personally or in writing, notifies the court to which payment of the penalty assessment is to be made that he/she wishes to withdraw his/her acceptance of the voluntary assessment and requests a hearing on the charge stated in the voluntary assessment form. If the alleged violator notifies the court of such withdrawal and request for hearing as aforesaid, he/she shall be prosecuted for the charge stated in the voluntary assessment form as if such form had not been issued.
(f) Penalty. -- If an alleged violator elects the option of accepting a voluntary assessment in accordance with subsection (e) of this section, the penalty for offenses designated as offenses subject to voluntary assessment shall be the minimum fine for each specific offense charged, and fines shall be cumulative if more than 1 offense is charged.
(g) Court costs and applicability of Delaware Victim Compensation Law. -- In lieu of any other court costs, and provided the offense is not subject to other proceedings under this section, each fine for an offense under this section shall be subject to court costs of $8.50. Each fine for an offense under this section shall be subject also to the penalty assessment which is or may be provided for in the Delaware Victim Compensation Law, Chapter 90 of Title 11.
(h) Agreement to accept voluntary assessment; procedure. -- Whenever a person is arrested for commission of an offense subject to voluntary assessment and has elected to make payment as herein provided, the arresting officer, using a Department complaint and summons citation, shall complete the information section and prepare the voluntary assessment form, indicating the amount of the fine, have the arrested person sign the voluntary assessment form, give a copy of the citation and form to the arrested person and release him/her from custody. The arresting officer shall also inform the arrested person of the court to which payment shall be submitted. No officer shall receive or accept custody of a payment. If the person declines to accept the voluntary assessment, the arresting officer shall follow the procedure for arrest as set forth in Chapter 19 of Title 11.
(i) Payment of fine as complete satisfaction; repeat offenders. --
(1) Payment of the prescribed fine, costs and penalty assessment is a complete satisfaction of the violation, except as provided in paragraph (2) of this subsection, but does not waive any administrative penalty in the nature of license revocations which may be lawfully revoked by the Department of Natural Resources and Environmental Control.
(2) In the event that following compliance with the payment provisions of this section, it is determined that within the 2-year period immediately preceding the violation, the violator was convicted of or made a payment pursuant to this section in satisfaction of a violation of the same section of this chapter, personal appearance before the court to which the summons is returnable shall be required. Notice of the time and place for the required court appearance shall be given to the violator by the court to which the summons for the offense would be returnable.
(j) Removal from applicability of section. --
(1) If a payment due pursuant to this section is not received by the court to which the summons is returnable within 10 days from the date of arrest (excluding Saturday and Sunday), the violator shall be prosecuted for the offense charged on the voluntary assessment form in a manner as if a voluntary assessment form had not been issued. Upon conviction in such prosecution, the court shall impose penalties as provided for by this chapter or other law relating to the particular violation charged, and this section, as to payment of fines under voluntary assessments, shall not apply.
(2) In addition to the penalties provided for in paragraph (1) of this subsection, it is a Class B misdemeanor, punishable as provided by Title 11, for any person who has elected to make payment pursuant to this section to fail to do so within 10 days (excluding Saturday and Sunday) from the date of arrest.
(k) Nonexclusive procedure. -- The procedure prescribed is not exclusive of any other method prescribed by law for the arrest and prosecution of persons violating this chapter. (68 Del. Laws, c. 146, § 1.)
§ 6062. Report to the Department.
Any court or officer of any court, before whom any prosecution, under this part, is commenced or shall go on appeal, and within 20 days after trial or dismissal thereof, shall report, in writing, the result thereof and the amount of fine or forfeiture collected, if any, and the disposition thereof, to the Department, remitting at the same time all money collected from fines and forfeitures. (68 Del. Laws, c. 146, § 1.)
NOTICE: The Delaware Code appearing on this site was prepared by the Division of Research of Legislative Council of the General Assembly with the assistance of the Government Information Center, under the supervision of the Delaware Code Revisors and the editorial staff of LexisNexis, includes all acts up to and including 76 Del. Laws, c. 181, effective August 28, 2007.
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