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The Honolulu Advertiser
Posted on: Thursday, March 6, 2008

Recycling centers would face fines

By Will Hoover
Advertiser Staff Writer

Under a Department of Health proposal, redemption centers that are part of the state's beverage container redemption program could be fined up to $300 on the spot for violations ranging from refusing to count up to 200 containers when requested, to not being open during stated operating hours.

The proposal is intended to ease procedures for dealing with such violations, the state Health Department said. Under the proposed rules, redemption centers, beverage distributors and dealers could face field citations for violations.

The process would be similar to a police officer issuing a speeding ticket, with an operator given an option of contesting the allegations through a more time-consuming administrative hearing.

Greg Apa, senior vice president of Honolulu Recovery System, which operates a redemption center at Sand Island as well as three-times-a-week mobile operations at the University of Hawai'i and the Navy Exchange, said his company realizes the Health Department wants fewer complaints, but he doesn't think issuing citations is the best way to do it.

"We're strong supporters of the bottle bill," said Apa. "And we understand what the state is trying to do. We would like to resolve these issues proactively, instead of getting tickets for trying to do a job. There's always room to improve. If they've got issues, just give us a call."

Since the state instituted the beverage container redemption program in November 2004, state officials said the four most prevalent problems at certified redemption centers are:

  • Redemption center staff refusing to count up to 200 containers when requested.

  • Redemption centers not open during stated operating hours.

  • Redemption center staff not inspecting consumers' containers for redemption eligibility.

  • Redemption center staff not verifying consumer deposit beverage container quantities.

    "We don't have a problem with any of that," said Apa. "We want to make sure, one, we're not paying out nickels we shouldn't be paying out, and, two, nobody's getting cheated. But if you've ever spent any time at any of these recycling centers, when you've got people in line and you're trying to count to 200 — it isn't the easiest job in the world."

    Tensions can mount on either side of the line.

    "I'd say they're (redemption center workers are) not the most friendly type," said Joseph Concepcion, who was waiting at the Kapolei Shopping Center to cash in four large garbage bags of cans and bottles at the Reynolds Recycling truck. Concepcion and his wife, Dianna, arrived at noon, about the same time the recycling crew was leaving to take a 90-minute lunch break.

    After an hour of waiting around, Concepcion drove his wife home and returned 40 minutes later.

    "They always changing the rules a little bit here and there, but that's about it," said Concepcion, who visits the location every couple of months and said he's more or less satisfied with the results.

    "I could count out my cans and bottles, I guess. But I don't want to make this a part-time job. So, I trust them on the count, and on the weigh scale."

    Gina Lambayan of 'Ewa Beach said she's convinced she was cheated once at a recycling center. Now, three years after the incident, as head cashier at the RRR Recycling Center at 91-165 Kalaeloa Blvd., Lambayan never forgets the hurt.

    "I'm honest," she said after carefully counting out the bottles and cans and handing over cash to an obviously satisfied customer. "I give the customer what they want. That way I know they'll come back."

    Still, she said she doesn't think the Health Department's citation proposal is the answer.

    "I think it's good," said Paul Hanada, whose Aloha Shell Service Station on Maui includes reverse vending machines to redeem beverage containers under the HI-5¢ program.

    "You need some sort of standard to follow. They are making sure we are all following standards," he said. "It's good for the customers. When you start deviating from the standards, the consumer doesn't benefit from that."

    Hanada did wonder how the new rules will work when the error is unintentional, as when one type of container might fall into a bin holding other types of beverage containers.

    "One of my concerns is they might do some citations that are not really intentional," he said.

    If one of his employees mistakenly weighs a container mixed with other types of containers, he asked, "Would they fine us?"

    Current rules provide for fines for violations by redemption centers, deposit beverage distributors and dealers, but the process involves lengthy administrative procedures.

    The Hawai'i redemption law charges consumers 6 cents for each beverage container purchased. They are repaid 5 cents for each container redeemed, with the additional penny going to cover administrative and handling costs of the businesses redeeming containers.

    Under the law, redemption centers may rely on a formula for weighing the various types of aluminum, plastic and glass beverage containers, but consumers turning in fewer than 200 containers may demand a hand count.

    The field citations would "provide an alternative, quick administrative settlement process to the often costly and lengthy traditional administrative enforcement process," said Karl Motoyama, coordinator of the state's deposit beverage container program.

    Motoyama said the laws allow field citations, and the proposed rules will set up the program process.

    The proposal is in the public hearing process, with final consideration still ahead.

    Apa, who is also executive vice president of Maui Disposal, said he knows of a situation in which it took 14 months for one person to receive documentation of an alleged violation.

    Motoyama said the administrative enforcement procedure may be a "very protracted process" and can take six months to a year, during which parties can ask for postponements. The process also can be costly, with legal fees as well as penalties that are higher than fines proposed in the citation procedure, he said.

    There will continue to be administrative enforcement actions for more serious, multiple or long-term allegations of noncompliance.

    Under the proposed rules, an inspector who sees a violation may issue the citation on the spot, he said. An owner or operator can accept the citation and the fine or will have 30 days to challenge it.

    Motoyama said the Department of Health has issued seven formal enforcement findings and orders for deposit beverage container program violations.

    To date, fines collected have amounted to around $7,000, he said.

    Melissa Tanji of the Maui News contributed to this report.

    Reach Will Hoover at whoover@honoluluadvertiser.com.