N.Y. Environmental Conservation Law 27-2705 – Recycling program requirements
§ 27-2705. Recycling program requirements.
Terms Used In N.Y. Environmental Conservation Law 27-2705
- Film plastic: means uncontaminated non-rigid film plastic packaging products composed of plastic resins, which include, but are not limited to, newspaper bags, dry cleaning bags and shrink-wrap. See N.Y. Environmental Conservation Law 27-2701
- Manufacturer: means the producer of a plastic carryout bag or film plastic sold to a store or the manufacturer's agent or broker who sold the plastic carryout bag or film plastic to the store. See N.Y. Environmental Conservation Law 27-2701
- Operator: means a person in control of, or having daily responsibility for, the daily operation of a store, which may include, but is not limited to, the owner of the store. See N.Y. Environmental Conservation Law 27-2701
- Plastic carryout bag: means a plastic carryout bag provided by a store to a customer at the point of sale. See N.Y. Environmental Conservation Law 27-2701
- Store: means a retail establishment that provides plastic carryout bags to its customers as a result of the sale of a product and (a) has over ten thousand square feet of retail space, or (b) such retail establishment is part of a chain engaged in the same general field of business which operates five or more units of over five thousand square feet of retail space in this state under common ownership and management. See N.Y. Environmental Conservation Law 27-2701
An at-store recycling program provided by the operator of a store shall require:
1. a plastic carryout bag provided by the store to have printed or displayed on the bag, in a manner visible to a consumer, the words "PLEASE RETURN TO A PARTICIPATING STORE FOR RECYCLING". Provided, however, such store shall be allowed for one year from the effective date of this subdivision to use its existing stock of plastic carryout bags. A store may also apply to the commissioner for approval of an alternative plastic bag recycling message. The commissioner shall approve or reject the proposed message within forty-five days;
2. a collection bin that is visible, easily accessible to the consumer, and clearly marked that the collection bin is available for the purpose of collecting and recycling plastic carryout bags and film plastic. This subdivision shall apply to stores not within an enclosed shopping mall and stores of at least fifty thousand square feet within an enclosed shopping mall. In the case of an enclosed shopping mall, the owner of the enclosed mall shall place bins at reasonable intervals throughout the enclosed mall area;
3. all plastic carryout bags and film plastic collected by the store to be collected, transported and recycled along with any other in-store plastic recycling, except for plastic bags that are not sufficiently free of foreign material to enter the recycling stream. Plastic carryout bags and film plastic collected by the store or the manufacturer, which are free of foreign material, shall not be disposed of in any solid waste disposal facility permitted or authorized pursuant to title seven of this article;
4. the store or its agent to maintain, for a minimum of three years, records describing the collection, transport and recycling of plastic carryout bags and film plastic collected by weight, provided however that stores or its agents may weigh such bags, film plastic and any other in-store plastic recycling at a regional collection center. Such records shall be made available to the department upon request, to demonstrate compliance with this title; and
5. the operator of the store to (a) make reusable bags available to customers within the store for purchase, and (b) permit a reuseable bag to be used in lieu of a plastic carryout bag or paper bag.