2006-01-AU Audit of the County of Hawai‘i's Recycling and Diversion Grants Program

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Chapter 3 ADF — GLASS CONTAINER RECOVERY PROGRAM ADF — GLASS CONTAINER RECOVERY PROGRAM Statutory Authori Act 201, Session Laws of Hawaii 1994, currently codified as Hawaii Revised Statutes (HRS) Sections 342G -81 through 342G -87, established provisions for Glass Container Recovery. HRS §342G -82 provides that every glass container importer pay an Advance Disposal Fee (ADF) to the State Department of Health (DOH). The fee is to be imposed only once on the same glass container, excluding drinking glasses, cups, bowls, plates, ashtrays, and similar tempered glass containers. Beginning September 1, 1994, the fee was one and one -half cents per glass container, and beginning October 1, 2004, the fee only applies to glass containers that are not "glass deposit beverage containers ". HRS §342G -84 provides that ADF revenues be deposited into a special account in the State's environmental management special fund, and be used to fund county glass recovery programs provided that a formally adopted county integrated solid waste management plan had been submitted for DOH review. ADF revenues are to be distributed to each county proportionate with the amount of glass it imported based on de facto population, and DOH can utilize no more than 10 percent of aggregate revenues per annum for administrative and education purposes and promotion of glass recovery, recycling and reuse through research and demonstration projects. HRS §342G -85 provides that all glass container importers submit documentation that identifies the number of glass deposit beverage and glass non- deposit beverage containers manufactured in or imported into the State, and sold or distributed by a manufacturer or distributor, during the calendar year. It provides that until September 30, 2004, containers designed to hold no more than two and one -half fluid ounces were exempt from ADF, a glass container importer who imported fewer than 5,000 glass containers within a one -year period was also exempt from ADF, and an importer who imported 5,000 to 100,000 glass containers was permitted to submit its report and ADF payment annually rather than quarterly. HRS §342G -86 provides that all county glass recovery programs shall include: 1) some form of glass incentive or "buy- back" program to encourage participation by public or private collectors; and 2) paving of the equivalent of one mile of two -lane asphalt roadway utilizing glassphalt or glass (or, in the alternative, any other research and demonstration project approved by DOH). 26