(a) For purposes of this section only the term "retail transaction" means the purchase, acceptance or receipt by a recycling facility of any material designated as regulated or prohibited from a person who: (1) delivers the material to the facility in a push cart, shopping cart or other similar method; or (2) is not a regular customer with an established customer account. The commissioner may, in rules and regulations, set criteria for an established customer account, including any documentation required to be maintained as part of the account.
A retail transaction does not include donations from, or the purchase or receipt of regulated or prohibited material from: (1) another recycling or junk facility; or (2) a governmental entity.
(b) The commissioner may, in rules and regulations, designate certain types of recyclable materials as either prohibited or regulated materials.
(c) In retail transactions, a permittee shall only accept, receive or purchase regulated material if the permittee:
(1) keeps a record in English which is either typed or printed in ink or maintained in a computer database at the time of acceptance of any regulated material and which legibly and accurately describes: (i) the regulated material accepted, received, or purchased; (ii) the date of the transaction; (iii) a description and license plate number of any vehicle used to deliver the material; and (iv) the name and a copy of the photo identification of the person required in subsection (c)(2) of this section; and
(2) requires, at the time of the transaction, photo identification issued by a federal, state or local governmental entity or by a foreign government through its consular offices, including, but not limited to, a Matricula Consular (CID) card issued by the Mexican consulate, that lists the name and address of the person from whom the permittee is accepting, receiving or purchasing the regulated material or a valid passport accompanied by a utility bill or other written proof of the person's current address.
(d) In retail transactions, a permittee shall only accept, receive or purchase prohibited material if the permittee:
(1) complies with subparagraphs (c)(1) and (2) of this section; and
(2) can demonstrate through receipts or other documentation from a credible source, such as the owner of the prohibited materials, that the prohibited materials are intended to be recycled.
(e) No record made pursuant to this section shall be erased, obliterated or defaced, except as provided in rules and regulations.
(f) All records required by this section shall at all times during the permittee's business hours, and at all other times upon reasonable notice, be made available for inspection by the commissioner or his authorized agent, or any member of the police department. Upon the request of the commissioner or any member of the police department, the permittee shall provide photocopies of such records to the department of health or the police department.
(g) Any person who violates any provision of this section or any rule or regulation promulgated hereunder shall be fined not less than $250.00 nor more than $1,000.00 for each offense. In addition, a violation of any of the provisions of this section shall constitute grounds for revocation or suspension of the permit. The revocation or suspension of the permit shall be in addition to any fines imposed under this section.
It shall be a defense to an alleged violation of subsection (c) or (d) of this section that any error in any record required by those subsections was a bona fide clerical error. The person asserting the defense must prove by clear and convincing evidence that:
(1) the violation was not intentional and resulted solely from a clerical error notwithstanding the maintenance of procedures reasonably adopted to avoid such errors; and
(2) upon discovery of the clerical error, the person has: (i) taken immediate measures to correct the error; (ii) adopted corrective procedures to prevent additional errors; and (iii) immediately notified the commissioner of the clerical error.
(Added Coun. J. 4-9-08, p. 24657, § 6; Amend Coun. J. 12-17-08, p. 51316, § 1; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6; Amend Coun. J. 7-25-12, p. 31401, § 1)