(a) The department may pay an incentive to each licensed recycler who agrees in writing to pay to the public a minimum price established by the department for glass to be recycled in the program.
(b) The amount of the incentive shall be determined by the department in accordance with rules adopted pursuant to HRS Chapter 91. In determining the amount of the incentive, the department shall consult with the glass dealers and licensed recyclers based on, among other things:
(1) The minimum price licensed recyclers must pay the public to achieve the recycling goals set forth in § 42-7.4(b); and
(2) The avoided cost of collecting and disposing of glass.
(c) The amount of the incentive shall be the same for all licensed recyclers.
(d) To qualify for the payment of the incentive, the licensed recycler shall:
(1) Transport not less than 1 ton of the glass to a processing facility designated by the department; and
(2) Provide sufficient documentation as determined by the department indicating the number of tons received by the ultimate user of the glass containers, and the amount paid for each ton received.
(e) To receive payment of the incentive, the licensed recycler shall show proof or provide appropriate attestation that recyclable glass containers have been:
(1) Processed for refilling, or have been refilled, within the State;
(2) Loaded onto an air carrier or water carrier for shipment out-of-State; or
(3) Loaded onto an air carrier or water carrier for use within the State, or otherwise used within the city in a manner approved by the director.
(f) The department shall make the appropriate payment to the licensed recycler upon satisfaction that all of the recycled glass has been processed, refilled, loaded, or used.
(g) All assessments collected or received by the department under this chapter may only be used for costs and expenses directly relating to operational and administrative costs of the program actually incurred.
(h) Surplus funds may be:
(1) Carried over into the next fiscal year and may be used to assist in defraying the cost of the program in succeeding fiscal years; or
(2) Refunded at the close of the fiscal year on a pro rata basis to all persons from whom assessments were collected.
(i) Upon termination of the incentive program, all moneys remaining that are not required by the department to defray the expenses of the program shall be refunded on a pro rata basis to all persons from whom assessments were collected. If amounts returnable are so small as to make impractical the computation and remitting of the pro rata refunds, the remaining funds shall become a realization of the city.
(1990 Code, Ch. 9, Art. 7, § 9-7.5) (Added by Ord. 89-125)