6 CRR-NY 351-2.3NY-CRR

OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 6. DEPARTMENT OF ENVIRONMENTAL CONSERVATION
CHAPTER IV. QUALITY SERVICES
SUBCHAPTER B. SOLID WASTES
PART 351. PLASTIC BAG REDUCTION, REUSE AND RECYCLING
SUBPART 351-2. REQUIREMENTS FOR PERSONS REQUIRED TO COLLECT TAX, STORE OPERATORS, OWNERS OF ENCLOSED SHOPPING MALLS, AND MANUFACTURERS
6 CRR-NY 351-2.3
6 CRR-NY 351-2.3
351-2.3 Film plastic collection and recycling responsibilities of stores.
(a) The operator of a store shall establish and maintain an at-store recycling program for plastic carryout bags and other film plastic that provides an opportunity for a customer of the store to return clean and dry plastic carryout bags and other film plastic to the store. The at-store recycling program for plastic carryout bags and other film plastic must include the following components:
(1) 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 other film plastic. This requirement applies to all stores, except those within an enclosed shopping mall that are less than 50,000 square feet in size.
(2) In the case of an enclosed shopping mall, the owner of the enclosed shopping mall must place bins at reasonable intervals throughout the enclosed shopping mall area.
(3) A collection bin must have text printed directly on the bin, or a sign affixed to the side of the bin, to the top of the bin, or to a nearby wall not more than two feet away from the bin, that:
(i) is no less than eight and a half inches by eleven inches in size; and
(ii) states in easily visible and readable text that the bin is for plastic carryout bags and other film plastic collection only.
(b) Plastic carryout bags and other film plastic collected by the store or the owner of an enclosed shopping mall must be transported and recycled along with any other in-store film plastic, except for film plastic that is not sufficiently free of foreign materials that would adversely affect the recycling stream.
(c) Plastic carryout bags and other film plastic collected by a store or the owner of an enclosed shopping mall, which are free of foreign material, must not be disposed of in any solid waste disposal facility.
(d) A store or its agent, and the owner of an enclosed shopping mall or its agent, must maintain, for a minimum of three years, records describing the collection, transport and recycling of plastic carryout bag and other film plastic collected, by weight. A store or its agent, or the owner of an enclosed shopping mall or its agent, may weigh the film plastic bags received and any other in-store film plastic at a recyclables handling and recovery facility or other similar facility capable of accurately weighing or otherwise measuring the amount of film plastic collected. These records must be made available to the department upon request in a form prescribed by or acceptable to the department to demonstrate compliance with this section.
6 CRR-NY 351-2.3
Current through March 15, 2022
End of Document