[§342G-113] Redemption of empty deposit beverage containers.
(a) Except as provided in subsection (b), a dealer shall:(1) Operate a redemption center by accepting all types of empty beverage containers with a Hawaii refund value;
(2) Pay to the redeemer the full refund value for all deposit beverage containers which bear a valid Hawaii refund value; and
(3) Ensure each deposit beverage container collected is recycled, and forward documentation necessary to support claims for payment as stated in section 342G-119, or rules adopted under this part.
(b) Subsection (a) shall not apply to any dealer:
(1) Who is located in a high density population area as defined by the director in rules, and within two miles of a certified redemption center that is operated independently from a dealer;
(2) Who is located in a rural area as defined by rule;
(3) Who subcontracts with a certified redemption center for operation on the dealer's premises;
(4) Whose sale of deposit beverage containers are only via vending machines;
(5) Whose place of business is less than five thousand square feet of interior space;
(6) Who can demonstrate physical hardship, or financial hardship, or both, based on specific criteria established in rules; or
(7) Who meet other criteria established by the director.
Notwithstanding paragraphs (1) and (2), the director may allow the placement of redemption centers at greater than prescribed distances to accommodate geographical features while assuring adequate consumer convenience.
(c) All dealers, regardless of the square footage of the dealer's place of business, shall post a clear and conspicuous sign at each public entrance to the dealer's place of business, which specifies the name, address, and hours of operation of the closest redemption center locations.
(d) If there is no redemption center within the two-mile radius of a dealer due to the criteria described in subsection (b), then the respective county and the State shall determine the need for a redemption center in that area. If a redemption center is deemed necessary, then the State, with assistance from the county, shall establish the redemption center with funding from the deposit beverage container deposit special fund.
(e) Businesses that sell deposit beverages for on-premises consumption, such as hotels, bars, and restaurants, shall collect used deposit beverage containers from the consumer; and use a certified redemption center for the collection of containers, or become a certified redemption center. [L 2002, c 176, pt of §2]