§342G-102  Deposit beverage container
fee.  (a)  Beginning on October 1, 2002, every deposit beverage distributor
shall pay to the department a deposit beverage container fee on each
polyethylene terephthalate, high density polyethylene, or metal deposit beverage
container manufactured in or imported into the State.  The fee shall be imposed
only once on the same deposit beverage container.  The fee shall be 0.5 cents
per deposit beverage container.



(b)  Beginning on October 1, 2004, every
deposit beverage distributor shall pay to the department a deposit beverage
container fee on each deposit beverage container manufactured in or imported
into the State.  The deposit beverage container fee shall not apply to deposit
beverage containers exported for sale outside of the State.  The fee shall be
imposed only once on the same deposit beverage container.  The fee shall be 1
cent per deposit beverage container.



(c)  No county shall impose or collect any
assessment or fee on deposit beverage containers for the same or similar
purpose that is the subject of this chapter.



(d)  Beginning January 1, 2005, and every
August 1 thereafter, the department shall notify deposit beverage distributors
in writing of the amount of the deposit beverage container fee.  The effective
date of changes to the fee amount shall be September 1.  The fee shall be based
on the redemption rate calculated annually based on the redemption rate
information submitted to the department for the previous period of July 1
through June 30.  The fee amount shall be as follows:



(1)  If the redemption rate is seventy per cent or
less:  1 cent per container; and



(2)  If the redemption rate is greater than seventy
per cent:  1.5 cents per container.



(e)  The director may temporarily suspend an
automatic increase of the deposit beverage container fee if, after consultation
with the auditor, it is determined that the deposit beverage container deposit
special fund contains sufficient funds for the purposes of section 342G-104(b).
[L 2002, c 176, pt of §2; am L 2004, c 241, §3; am L 2007, c 285, §3]