Published: December 11, 2006 10:54 pm         

Citizens group and mayor tout ‘bottle bill’

CHARLESTON — A citizens group teamed with South Charleston Mayor Richie Robb to tout the newest version Monday of a proposed beverage container bill as a boon to the environment.

Under the measure, a 10-cent charge would be added to all glass, plastic and metal containers filled with less than 1 gallon of beverages.

Such deposits, redeemable at recycling centers, are intended to discourage wanton discarding of containers along West Virginia’s highways.

“The idea is people are less likely to throw these things out a car window,” Senate lawyer Rita Pauley explained to members of Judiciary Subcommittee B.

Opposition came from the Association of Independent Professional Recyclers and the Oil Marketers and Grocers Association.

Norm Steenstra, representing West Virginia Citizen Action Group, said the industry has invested millions of dollars attempting to erase so-called “bottle bills” in other states, but no one has repealed such an act.

Aside from environmental considerations, Steenstra said many organizations, such as churches and volunteer fire departments, could benefit financially by turning in empty containers.

“If each kid brought in a water bottle each day, that’s $5,000 to $6,000 going into a library or a PTA every hear,” he told the panel.

But Greg Sayre, speaking for the professional recyclers, said the bill would create a public-financed business to compete against those in the private sector.

“It’s really a beverage control tax bill,” he told legislators, adding it would be a $150 million revenue measure, the largest since Gaston Caperton was governor.

“We have a very successful recycling business in West Virginia,” he said.

Robb, mayor of the 10th largest city in the state since 1975, said his town had to hire three more employees and purchase a 2 1/2-ton truck to control litter that largely consists of discarded containers.

“We have a beautiful state, and I think it (bill) would make it a lot cleaner,” he said.

“We all have pride in it, and this is a way of showing it.”

Lawmakers watched a video presented by WVCAG’s Linda Frame highlighting the “bottle law” on the books fully three decades in Maine.

A similar measure escaped the Senate Judiciary Committee last winter but failed to get any further in the session. No action was taken by the judiciary subcommittee on this one.

Under the latest version, deposits wouldn’t be subject to sales tax, nor would they be counted for business and occupation tax. Deposits would be turned over monthly to the state treasurer in a special fund. Redemption centers would be paid 13 cents per container, based on collection inventories.

To administer the program, the treasurer would be limited to keeping $1 million. The rest of the money would be put into a new “Community Litter Control Fund,” interest and earnings from which would be used by the Department of Environmental Protection to issue recycling grants.

All containers must bear the refund value, clearly marking them with West Virginia, or an abbreviation.

Penalties are attached to the bill for violations. Turning in 25 to 100 containers a person knows lacked a deposit is a misdemeanor, punishable by a maximum $100 fine. Offenses entailing more than 100 containers, and all second offenses, can fetch a $500 fine. Those convicted would pay costs of prosecution and of restitution.

Sayre said the program would create a nightmare in dealing with products sold in neighboring states.

Afterward, Janet Vineyard, executive director of OMEGA, warned the measure would be an additional burden on businesses and consumers alike.

“We consider it a tax,” she said. “You’re going to pay 10 cents additional for every can, bottle that you purchase. West Virginia being a large border community, with West Virginia having a large elderly community, that’s just an additional burden on us.”

What’s more, Vineyard said the redemption centers, as the bill would create, would force consumers to drive long distances to turn in containers.

OMEGA has been working with the Beckley-Raleigh County Chamber Commerce in its “Make It Shine” effort in recycling and cleanup work, she pointed out.

“We think those are a whole lot better option,” Vineyard added.