TC Res. No. 1990-06a i
RESOLUTION NO. 90-6
SERIES OF 1990
A RESOLUTION TO SUPPORT H.R. 586 THE NATIONAL BEVERAGE CONTAINER
REUSE AND RECYCLING ACT.
WHEREAS, beverage containers are a major part of
roadside litter, and as such are a blight, a safety hazard, and
and costly to municipal and state governments; and
WHEREAS, beverage containers make up from 6-8 percent
of the waste stream gong to landfills, and are a well defined
segment (15 0 20 percent) of the recyclable waste stream; and
WHEREAS, because of improved regulations to protect
public health and safety, and because there is a growing
awarness of their hazards, landfulls are becoming difficult
and expensive to site, operate and close; and
WHEREAS, removal of glass and aluminum from the waste
stream enhances the efficient operation of solid waste
incenerators, and removal of plastic helps reduce the formation
of dioxins in the incineration process; and
WHEREAS, despite current recycling efforts in
Colorado, solid waste managment remains a problem of growing
concern; and
WHEREAS, recycling of aluminum, glass and plastic
conserves engergy and natural resources; and
WHEREAS, this bill would result in the reuse and
recycling of an estimated 100 billion of the 110 billion beer
and soda containers purchased each year in the United States.
THEREFORE, BE IT RESOLVED that the Town of Avon,
Colorado, supports the purposes of H.R. 586, the National
Beverage Container Reuse and Recycling Act, a bill to require
a minimum 5 cent refund value for all beer and soft drink
containers, introduced in the 101st Congress by Congressman
Paul Henry.
ADOTED this 13th day of March, 1990.
d
Allan Notting , Mayor
k
0
0
H
101'ST CONGRESS
1ST SESSION
He'Ro 586
To -,-quire s refund :slue for cer!ain bevpraee cnntamer:. and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JwmAwr 20, 1989
Mr. Hivey (for himself, Mr. WsaXV9, MS. SNOWN, Mr. FORD of 1664U, Mr.
BILDRE, Mr. MMETA, Mr. ACS3911HA.14, Mr. LRA& ' of lows, Yr: SHAYS,
lir. BBILBa'SON, Mr. Owma of :dew York, Mr. STVDDe. Mr. DEFAmo, Mr.
Hocxesc-scmiES, Mr. 't"x, Mr. McHooH,' Mr. AvCow, Ms. PzLom,
and Mr. UPLltsm) introduced the following 0; which vas referred to the
Committee on Eaerg and Commerce
. - - -
A BILL -
To require a refund value for certain beverage -containers, and
for other purposes.
1 Be it enacted by the Serrate and Douse of Representa-
2 - tines of the United Stales of America in Congress assembled,
3 That this Act may be cited as the -"Beverage Container
4 Reuse and Recycling Act".
5 FINDINGS AND PURPOSES
6 SEc. 2.-Congress finds and declares that-
7 -0) the failure to reuse and recycle empty beti er-
8 age containers represents a significant and unnecessary
s . 0
2
1 waste of important national energy - and . material
resources;
3 (2) the littering of empty beverage containers con-
4 stitutes a public nuisance, safety hazard, and esthetic
5 blight and imposes upon public and private agencies
6 unnecessary costs for the collection and removal of
7 such containers;
8 (3) empty beverage containers constitute a sigmfi-
9 cant and rapidly growing proportion of municipal solid
10 waste, disposal of which. imposes a severe financial
11 burden on local governments;
12 (4) the reuse and recycling of empty beverage
13 containers would eliminate these unnecessary burdens
14 on individuals,- local governments, and the environ-
15 went;
16 (5) a- uniform national system for requiring a
1 4 refund value on the sale of all beverage containers
18 would result in a high level of reuse and recycling of
19 such containers;
20
(6) a national
system for requiring
a refund value
21
on the sale of all -
beverage containers
would result in
significant energy: conservation and resources recovery;
23
(7) a national
system for requiring
a refund value
24
on the sale of all
beverage containers
would be anti.!
! - •
3
1 inflationary and help create jobs in areas of commerce:
and
3 48) a national system for requiring, a ''refund value
4 on the sale of all beverage containers would be inex-
5 pensive to administer because of it's self-enforcing
6 nature.
7 DEFINITIONS
8 SEC. 3. For the purposes°of this Act the ~term-
9 (1) '`beverage" means beer or other malt bever-
10 age, mineral water, soda water, wine cooler, or a car-
11 bonated soft, drink. of - any variety in liquid form and in-
12 tended for human consumption;,
13 (2)' ' bei erage container" means a container
14 designed to 'contain a beverage under pressure of
15 carbonation;
16 (3)- "refundable beverage container" means a bev-
14 erage container which has clearly, prominently, and se-
18 curely armed to,, or printed on,' it fin accordance. with
19 section 4) a : statement of the amount of the refund
20 value of the container;
21 (4) "consumer" means a person who purchases a
22 beverage container for any use other than resale;
23 (5) "distributor" means a person who 'sells or
24 offers for sale in commerce beverages 'in beverage con-
25 tainers for resale;
4
1 (6) "retailer" means a person who purchases from
a distributor beverages in beverage containers for sale
3 to a consumer or who sells or offers to sell in com-
4 merce beverages in, beverage containers under pressure
5 of carbonation to a consumer;
6 (7) "Administrator" means the Administrator of
7 the Environmental Protection Agency:
8 (8) "commerce" means trade, traffic or transpor-
9 tation-
10 (A) between a place in a State and any place
11 outside thereof, .
12 (B) within the District of Columbia or any
13 territory of the United States, or
14 (C) which affects trade, traffic, commerce,. or
15 transportation described in subparagraph (A) or
16 (B); and
17 (9) "State" means a State, the District of Colum-
18 bia, the Commonwealth of -Puerto Rico, or. any tern-
19 tort' or possession of the United States.
20 The Administrator- Shall prescribe such regulations as
21 may be necessary to establish -what person is'a retailer %ith
22 respect to the sale of beverages in beverage - containers under
23 pressure of carbonation-to consumers through beverage vend-
24 ing machines.
1 REQUIRED DE`'ERAOE CONTAINER LADELINO
4
2 SEC. 4. No 'distributor or retailer may sell or offer for
3 sale a beverage in a beverage container under pressure of'
J
4 carbonation unless there is clearly, prominently and secureln• 'j
5 affixed to, or printed on, it (in accordance with re8llations
6 prescnbed by the ,Administrator) a statement of the amount
7 of -the refund value of the container, such amount being not
8 less than 5 cents. -
9 RETURN OF REFUND VALUE OF BEPERAOE CONTALNBU
10 SBc. 5. (01) If a consumer tenders for refund an empty,
11 and unbroken refundable beverage container to a retailer or
12 distributor who sells (or has sold at any time during the
13 period of three months ending on the date of such tender) a
14 brand of beverage. which was contained in the container, the
15 - retailer or distributor respectively 'shall promptly pay the
16 consumer the amount of the refund value stated on the
17 container.
18 (2) If a retailer, tenders for refund an empty and unbro-
19 ken refundable beverage container to a distributor who sells
20 (or has sold at any time during the period of three months
21 ending on the date of such tender) a brand of beverage which
22 Ras contained in the container, the distributor shall promptly
23 pay the retailer (A) the amount of the refund value stated on
24 the container, plus (B) an amount equal to 2 cents per con-
25 tainer to help defray the retailer's cost of handling. The pay-
OHR 366 1H
i
I
1 anent amount specified in clause (B) may be adjusted by the
administrator, following evaluation and public comment, to
r
J
3, reflect the true cost of handling beverage containers. This,
4' paragraph shall not preclude a retailer from tendering refund-
5 able beverage containers to persons other then, distributors.
6 tb) The opening of a refundable beverage container in a
7 manner in which it was designed to be opened and the com-
b pression of a metal refundable beverage container shall not,
9 for the purposes of this section, constitute the breaking of the
10 container if the statement of the amount of the refund value
11 of the container is still readable.
12 RESTRICTION ON METAL BEVERAGE CONTAINERS WITH
13 DETACHABLE OPENINGS
14 SEc. 6. No distributor or retailer may sell or offer for
15 sale a beverage in a metal beverage container a part of which
16 is, designed to be detached in order to open such container.
1 i PREEMPTION OF STATE AIND LOCAL LAW
18 SEC. i. (a) Except as otherwise provided in this section
19 no State or political subdivision thereof may establish or con-
20 tinue in effect any law respecting a refund value of beverage
21 containers sold -with a beverage under the, pressure of carbon-
22 ation to the extent the Administrator determines the law is
23 inconsistent Rith this Act.
24 (b) No State or political subdivision thereof may, for the-
25 purposes of determining the amount of any tax imposed by
0
0
7
1 such State or subdivision on the sale of any refundable bever-
2 age container, take into account any amount charged which
3 is attributable to the refund value of such container.
4 {c) Subsection (a) does not prevent a State or political
5 subdi-wrision thereof from establishing or continuing in erect
6 any law respecting a refund value on containers other than
7 for beverages or, frrom regulating redemption and other oen-
8 ters which purchase refundable beverage containers from re-
9 tailers and consumers.
10
PENALTIES
11 SEC. 8. Whoever violates any provision of section 4,
12 5(a), or 6 shall be fined not more than $1,000 for each
13 violation.
14 EFFECTA?E DATES
15 SEC. 9. (a) Except as otherwise provided in subsection
16 (b) and (c), this Act shall take effect on the date of its
17 enactment.
18 (b) The provisions of section 4, 5, and 7 shall apply with
19 respect to beverage containers sold or offered for sale in
20 interstate commerce on or after too rears after the date of
21 enactment of this Act.
'(c) The proiisions of section 6 shall apply with respect
23 to beverages in beverage containers sold or offered for sale in
24 interstate commerce on or after one year after the date of
25 enactment of this Act.
i
u
8
i (d) The provisions of section 7(a) shall preempt State
2 and local laws to the extent to which they are inconsistent
3 with the provisions of this Act only on and after the respec-
4 tice effective dates of such provisions.
0
RESOLUTION NO. 90-6
SERIES OF 1990
WHEREAS, the Housing Authority of'the-Town of Avon,
Colorado was established by Resolution No..,89733, adopted
September 12, 1989;'and
WHEREAS,' the Commissioners of the Housing Authority
of the Town of Avon appointed Norman Wood as Secretary.and
Executive Director of the Housing Authority at the organizational
meeting of January 15, 1990; and
WHEREAS, it has been determined that Norman.Wood'_-
will no'longer be .able to perform his duties as Secretary
and Executive Director because of additional work load.
NOW, THEREFORE BE IT RESOLVED that the Commissioners
of the Housing Authority of the Town of Avon has appointed
Rick Pylman as Secretary and Executive Director of the
Housing Authority.
The appointment of such shall be effective this
13th day of November,,1990 and upon this approval of Resolution
No: 90-6..
HOUSING AUTHORITY OF THE
TOWN OF AVON, COLORADO
Chairman