Sec. 22a-241. Municipal solid waste recycling program. Advisory council.
Sec. 22a-241g. Noncompliance with recycling strategy.
Sec. 22a-243. (Formerly Sec. 22a-77). Definitions.
Sec. 22a-208i. Composting of leaves or leaves with grass clippings. Regulations. Certain recycling facilities exempt from requirement of permit for solid waste facility. (a) Notwithstanding any provision of this chapter, or chapter 446e or 446k, any facility where the sole business or activity conducted is composting of leaves or composting of leaves with the addition of grass clippings at a ratio of not less than 3.0 leaves to 1.0 grass clippings, shall be exempt from the requirements of sections 22a-208a and 22a-430. The commissioner may adopt regulations in accordance with the provisions of chapter 54 concerning facilities for the composting of leaves or leaves with the addition of grass clippings. Such regulations shall, without limitation, provide for the design, operation and monitoring of and reporting from such facilities.
(b) The commissioner may, by regulations adopted in accordance with chapter 54, exempt categories or classes of recycling facilities from the requirements of said section 22a-208a or 22a-430 provided such exemption would not adversely affect the environment and would advance the objectives of the solid waste management plan adopted and revised under sections 22a-228 and 22a-241a. No person or municipality may operate or continue to operate a recycling facility without permits issued under said section 22a-208a or 22a-430 unless such person or municipality first files with the commissioner a written request for exemption under the regulations adopted under this section.
(c) The provisions of subsection (a) of this section exempting facilities composting leaves or composting leaves with the addition of grass clippings and the provisions of subsection (b) of this section exempting recycling facilities from the requirements of section 22a-208a shall not be construed to relieve such facilities from the obligation to comply with any other provision of this chapter or chapter 446e, including, but not limited to, operational requirements and other applicable requirements of regulations adopted under section 22a-209.
(P.A. 89-386, S. 13, 24; P.A. 07-217, S. 112; P.A. 18-181, S. 1; P.A. 25-170, S. 8.)
History: P.A. 07-217 made technical changes in Subsec. (c), effective July 12, 2007; P.A. 18-181 amended Subsecs. (a) and (c) to add provisions re composting grass clippings with leaves; P.A. 25-170 amended Subsec. (b) to delete reference to municipal solid waste recycling plan adopted pursuant to Sec. 22a-241, effective July 8, 2025.
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Sec. 22a-226e. Recycling of source-separated organic materials. Fees reporting requirement. Voluntary municipal pilot program. Food donated and recycled report. (a)(1) On and after January 1, 2014, each commercial food wholesaler or distributor, industrial food manufacturer or processor, supermarket, resort or conference center that is located not more than twenty miles from an authorized source-separated organic material composting facility and that generates an average projected volume of not less than one hundred four tons per year of source-separated organic materials shall: (A) Separate such source-separated organic materials from other solid waste; and (B) ensure that such source-separated organic materials are recycled at any authorized source-separated organic material composting facility that has available capacity and that will accept such source-separated organic material.
(2) On and after January 1, 2020, each commercial food wholesaler or distributor, industrial food manufacturer or processor, supermarket, resort or conference center that is located not more than twenty miles from an authorized source-separated organic material composting facility and that generates an average projected volume of not less than fifty-two tons per year of source-separated organic materials shall: (A) Separate such source-separated organic materials from other solid waste; and (B) ensure that such source-separated organic materials are recycled at any authorized source-separated organic material composting facility that has available capacity and that will accept such source-separated organic material.
(3) On and after January 1, 2022, each commercial food wholesaler or distributor, industrial food manufacturer or processor, supermarket, resort or conference center that is located not more than twenty miles from either an authorized source-separated organic material composting facility or an authorized transfer station, or any collection location authorized to receive source-separated organic materials, and that generates an average projected volume of not less than twenty-six tons per year of source-separated organic materials shall: (A) Separate such source-separated organic materials from other solid waste; and (B) ensure that such source-separated organic materials are recycled at any authorized source-separated organic material composting facility that has available capacity and that will accept such source-separated organic material.
(4) On and after January 1, 2025, each commercial food wholesaler or distributor, industrial food manufacturer or processor, supermarket, resort, conference center or institution that generates an average projected volume of not less than twenty-six tons per year of source-separated organic materials shall: (A) Separate such source-separated organic materials from other solid waste; and (B) ensure that such source-separated organic materials are recycled at any authorized source-separated organic material composting facility that has available capacity and that will accept such source-separated organic material. For the purposes of this section “institution” means any establishment engaged in providing hospitality, entertainment or rehabilitation and health care services, and any hospital, public or independent institution of higher education building or facility or correctional facility.
(5) On and after July 1, 2026, each public or nonpublic school building or educational facility in which students in grades kindergarten to twelve, inclusive, or any combination thereof, are enrolled, that is located not more than twenty miles from either an authorized source-separated organic material composting facility and that generates an average projected volume of not less than twenty-six tons per year of source-separated organic materials shall: (A) Separate such source-separated organic materials from other solid waste; and (B) ensure that such source-separated organic materials are recycled at any authorized source-separated organic material composting facility that has available capacity and that will accept such source-separated organic material.
(b) Any such wholesaler, distributor, manufacturer, processor, supermarket, institution, resort or conference center that performs composting of source-separated organic materials on site or treats source-separated organic materials via on-site organic treatment equipment permitted pursuant to the general statutes or federal law shall be deemed in compliance with the provisions of this section.
(c) Any permitted source-separated organic material composting facility that receives such source-separated organic materials shall report to the Commissioner of Energy and Environmental Protection, as part of such facility's reporting obligations, a summary of fees charged for receipt of such source-separated organic materials.
(d) Not later than January 1, 2022, the Commissioner of Energy and Environmental Protection shall establish a voluntary pilot program for any municipality that seeks to separate source-separated organic materials and ensure that such source-separated organic materials are recycled at authorized source-separated organic material composting facilities that have available capacity and that will accept such source-separated organic material.
(e) On or before March 1, 2025, and annually thereafter, each wholesaler, distributor, manufacturer, processor, supermarket, resort, conference center or institution that is subject to the provisions of this section shall submit a report to the Department of Energy and Environmental Protection in electronic format. Such report shall summarize such entity's amount of edible food donated, the amount of food scraps recycled and the organics recycler or recyclers and associated collectors used.
(P.A. 11-80, S. 1; 11-217, S. 3; P.A. 13-285, S. 4; P.A. 21-16, S. 2; P.A. 23-170, S. 5; P.A. 24-45, S. 6; P.A. 25-8, S. 8.)
History: Pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection”, effective July 1, 2011; P.A. 13-285 amended Subsec. (a) by replacing provision re separation of source-separated organic materials not later than 6 months after establishment of 2 or more source-separated organic material composting facilities in the state with “(1) On and after January 1, 2014”, adding provision re source located not more than 20 miles from an authorized source-separated organic material composting facility, adding provision re authorized facility having available capacity that will accept source-separated organic material, adding Subdiv. (2) re organic material separating and recycling requirements applicable on and after January 1, 2020, and making conforming changes; P.A. 21-16 amended Subsec. (a) by adding Subdiv. (3) re organic material separating and recycling requirements applicable on and after January 1, 2022, and added Subsec. (d) re establishment of voluntary pilot program for any municipality seeking to separate and recycle source-separated organic materials; P.A. 23-170 amended Subsec. (a)(3) to alter requirement to either 20 miles from an authorized source-separated organic material composting facility, an authorized transfer station or any collection location authorized to receive source-separated organic materials, added Subsec. (a)(4) re requirement for each commercial food wholesaler or distributor, industrial food manufacturer or processor, supermarket, resort, conference center or institution that generates an average projected volume of not less than 26 tons per year of source-separated organic materials, amended Subsec. (b) to add reference to each institution and added Subsec. (e) re annual reports by each commercial food wholesaler or distributor, industrial food manufacturer or processor, supermarket, resort, conference center or institution concerning food amounts donated and recycled, effective June 29, 2023; P.A. 24-45 amended Subsec. (a) by replacing “private educational” with “independent institution of higher education building or” in Subdiv. (4) and adding Subdiv. (5) re public or nonpublic school buildings or educational facilities in which students in grades kindergarten to 12 are enrolled, effective July 1, 2024; P.A. 25-8 made technical changes in Subsec. (a)(3), effective May 29, 2025.
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Sec. 22a-241. Municipal solid waste recycling program. Advisory council. Section 22a-241 is repealed, effective July 8, 2025.
(June 23, Sp. Sess. II P.A. 86-1, S. 5, 10; P.A. 87-544, S. 10, 13; P.A. 88-231, S. 7, 9, 19; P.A. 89-351, S. 2, 11; 89-385, S. 11; 89-386, S. 21, 24; P.A. 90-179, S. 4; 90-249, S. 4; 90-312, S. 4; P.A. 91-293, S. 7, 9; 91-372, S. 2, 4; P.A. 94-130, S. 4; P.A. 95-250, S. 1; P.A. 96-132, S. 2, 5; 96-211, S. 1, 5, 6; June Sp. Sess. P.A. 09-3, S. 412; P.A. 11-80, S. 1; P.A. 14-94, S. 1; P.A. 23-170, S. 8; P.A. 25-170, S. 13.)
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Sec. 22a-241g. Noncompliance with recycling strategy. (a) No municipality shall be deemed not to comply with the recycling strategy of the state-wide solid waste management plan if noncompliance results from a contract entered into before February 29, 1988, to deliver a minimum amount of solid waste to a waste-to-energy facility and the municipality or the owner or operator of the facility has solicited solid waste at reasonable terms from other municipalities to provide the aggregate tonnage of solid waste required under such contract and no solid waste was available at reasonable terms.
(b) Such municipality shall reduce the amount of solid waste delivered to such facility to the extent it is compensated by a state grant for such reduction or the contract is modified. No grant shall be made because of such reduction unless (1) the municipalities delivering waste to the facility or the owner or operator of the facility solicit solid waste at reasonable terms from other municipalities to provide the aggregate tonnage of solid waste required under such contract if failure to provide such solid waste is caused by compliance of the municipalities with the recycling strategy, and (2) the Commissioner of Energy and Environmental Protection determines that the municipalities or the owner or operator has made a reasonable effort to obtain solid waste to provide the aggregate tonnage of solid waste and that no solid waste was available at reasonable terms.
(c) The provisions of this section shall not be construed to exempt a municipality from the requirements of sections 22a-241a, 22a-241b, 22a-241e and 22a-241g.
(P.A. 87-544, S. 7; P.A. 88-231, S. 8, 19; P.A. 90-220, S. 7, 11; P.A. 91-190, S. 5, 9; P.A. 11-80, S. 1; P.A. 25-170, S. 9.)
History: P.A. 88-231 organized section into subsections, amended Subsec. (a) by changing contract date from October 1, 1987, to February 29, 1988, and adding provision re solicitation of solid waste from other municipalities, amended Subsec. (b) by adding conditions for grants and added Subsec. (c) regarding exemption from recycling; P.A. 90-220 deleted references to repealed sections; P.A. 91-190 amended Subsec. (c) to delete reference to Sec. 22a-234 to reflect repeal of said section; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection” in Subsec. (b)(2), effective July 1, 2011; P.A. 25-170 amended Subsec. (c) to delete reference to Sec. 22a-241 and make technical changes, effective July 8, 2025.
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Sec. 22a-241h. Eligibility of single municipalities and certain regional solid waste authorities or operating committees for funds made available by Commissioner of Energy and Environmental Protection. Notwithstanding the provisions of the recycling strategy of the state-wide solid waste management plan adopted pursuant to section 22a-227, any single municipality, or any regional solid waste authority or regional solid waste operating committee comprised of at least five municipalities, may apply for and receive any funds made available by the Commissioner of Energy and Environmental Protection.
(P.A. 88-231, S. 12, 19; P.A. 89-351, S. 5, 11; June Sp. Sess. P.A. 09-3, S. 413; P.A. 11-80, S. 1; P.A. 25-170, S. 10.)
History: P.A. 89-351 authorized regional solid waste authority or operating committee comprised of at least five municipalities to apply for and receive funds from trust fund and required commissioner to develop plan for use of grant in consultation with such authority or operating committee; (Revisor's note: In 1995 reference to “municipal solid waste recycling trust fund” was replaced editorially by the Revisors with “municipal solid waste recycling trust account” to conform with Sec. 22a-241 as amended by P.A. 94-130); June Sp. Sess. P.A. 09-3 deleted provision re municipal solid waste recycling trust account and made a technical change; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection”, effective July 1, 2011; P.A. 25-170 deleted provisions re making of grants under Sec. 22a-241 to regional solid waste authorities or committees, effective July 8, 2025.
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Sec. 22a-243. (Formerly Sec. 22a-77). Definitions. For purposes of sections 22a-243 to 22a-245c, inclusive:
(1) “Carbonated beverage” means beer or other malt beverages, hard seltzer and mineral waters, soda water and similar carbonated soft drinks in liquid form and intended for human consumption. “Carbonated beverage” does not include any product that contains wine or spirits or any infused beverage, as defined in section 21a-425;
(2) “Noncarbonated beverage” means any water, including flavored water, plant water, nutritionally enhanced water, juice, juice drink, tea, coffee, kombucha, plant infused drink, sports drink or energy drink and any beverage that is identified through the use of letters, words or symbols on such beverage's product label as a type of water, juice, tea, coffee, kombucha, plant infused drink, sports drink or energy drink but excluding mineral water. “Noncarbonated beverage” does not include any product that contains wine or spirits, any food for special dietary use, as defined in 21 USC 350(c)(3), any medical food, as defined in 21 USC 360ee(b)(3), or any infused beverage, as defined in section 21a-425;
(3) “Beverage container” means the individual, separate, sealed glass, metal or plastic bottle, can, jar or carton containing three liters or less of a carbonated beverage, or two and one-half liters or less of a noncarbonated beverage. “Beverage container” does not include any such bottle, can, jar or carton that contains less than one hundred fifty milliliters of any such carbonated or noncarbonated beverage;
(4) “Consumer” means every person who purchases a beverage in a beverage container for use or consumption;
(5) “Dealer” means every person who engages in the sale of beverages in beverage containers to a consumer but does not include a redemption center;
(6) “Distributor” means every person who engages in the sale of beverages in beverage containers to a dealer in this state including any manufacturer who engages in such sale and includes a dealer who engages in the sale of beverages in beverage containers on which no deposit has been collected prior to retail sale;
(7) “Manufacturer” means every person bottling, canning or otherwise filling beverage containers for sale to distributors or dealers or, in the case of private label brands, the owner of the private label trademark;
(8) “Place of business of a dealer” means the fixed location at which a dealer sells or offers for sale beverages in beverage containers to consumers;
(9) “Redemption center” means any facility for which the primary business is to redeem empty beverage containers from consumers or to collect and sort empty beverage containers from dealers and to prepare such containers for redemption by the appropriate distributors;
(10) “Use or consumption” includes the exercise of any right or power over a beverage incident to the ownership thereof, other than the sale or the keeping or retention of a beverage for the purposes of sale;
(11) “Nonrefillable beverage container” means a beverage container which is not designed to be refilled and reused in its original shape;
(12) “Deposit initiator” means the first distributor to collect the deposit on a beverage container sold to any person within this state; and
(13) “Reverse vending machine” means a mechanical device that accepts used beverage containers from consumers and provides a means of refunding the refund value for such beverage container to the user of such device.
(P.A. 78-16, S. 1, 10; P.A. 80-95, S. 1; P.A. 84-121, S. 1; Nov. 24 Sp. Sess. P.A. 08-1, S. 10; P.A. 09-2, S. 17; P.A. 21-58, S. 1; P.A. 23-1, S. 11; P.A. 25-174, S. 193.)
History: P.A. 78-16 effective January 1, 1980; P.A. 80-95 added Subdiv. (i) defining “nonrefillable beverage container”; Sec. 22a-77 transferred to Sec. 22a-243 in 1983 and alphabetic Subdiv. indicators replaced editorially by the Revisors with numeric indicators; P.A. 84-121 deleted reference to Sec. 31-11a as section to which definitions apply, redefined “distributor” to include certain dealers and defined “redemption center”; Nov. 24 Sp. Sess. P.A. 08-1 applied definitions to Sec. 22a-245a and added Subdiv. (11) defining “deposit initiator”, effective November 25, 2008; P.A. 09-2 amended Subdiv. (1) to change defined term from “beverage” to “carbonated beverage”, added new Subdiv. (2) defining “noncarbonated beverage”, redesignated existing Subdivs. (2) to (11) as Subdivs. (3) to (12), amended redesignated Subdiv. (3) to redefine “beverage container”, and amended redesignated Subdiv. (7) to redefine “manufacturer”, effective April 1, 2009; P.A. 21-58 redefined “carbonated beverage” in Subdiv. (1), “noncarbonated beverage” in Subdiv. (2) and “beverage container” in Subdiv. (3), and added definition of “reverse vending machine” as Subdiv. (13), effective January 1, 2023; P.A. 23-1 amended Subdivs. (1) and (2) to redefine “carbonated beverage” and “noncarbonated beverage”, respectively, effective February 14, 2023; P.A. 25-174 redefined “carbonated beverage” to delete reference to hard cider and exempt infused beverages, “noncarbonated beverage” to exempt infused beverages, “dealer” to exclude redemption centers and “redemption center” to add reference to the primary business purpose, effective June 30, 2025 (Revisor's note: In Subdiv. (1), a reference to “Sec. 21-a-245” was changed editorially by the Revisors to “Sec. 21a-425” for accuracy).
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Sec. 22a-244. (Formerly Sec. 22a-78). Beverage containers: Refund value; exceptions; labeling and design requirements. (a)(1) Every beverage container containing a carbonated beverage sold or offered for sale in this state, except for any such beverage containers sold or offered for sale for consumption on an interstate passenger carrier, shall have a refund value. Such refund value shall not be less than ten cents and shall be a uniform amount throughout the distribution process in this state. (2) Every beverage container containing a noncarbonated beverage sold or offered for sale in this state shall have a refund value, except for beverage containers containing a noncarbonated beverage that are (A) sold or offered for sale for consumption on an interstate passenger carrier, or (B) that comprise any dealer's existing inventory as of March 31, 2009. Such refund value shall not be less than ten cents and shall be a uniform amount throughout the distribution process in this state.
(b) Every beverage container sold or offered for sale in this state, that has a refund value pursuant to subsection (a) of this section, shall clearly indicate by embossing or by a stamp or by a label or other method securely affixed to the beverage container (1) either the refund value of the container or the words “return for deposit” or “return for refund” or other words as approved by the Department of Energy and Environmental Protection, and (2) either the word “Connecticut” or the abbreviation “Ct.”, provided this subdivision shall not apply to glass beverage containers permanently marked or embossed with a brand name. The provisions of this subsection shall not apply to any beverage container that comprises any dealer's inventory as of December 31, 2022, provided such beverage container was not required to have a refund value as of such date pursuant to the provisions of section 22a-243 and this section. Nothing in this subsection shall be construed to prohibit the sale or offering for sale of any beverage container that is embossed, stamped, labeled or otherwise affixed with a refund value of five cents, provided such beverage container comprises any dealer's or distributor's inventory as of December 31, 2023.
(c) No person shall sell or offer for sale in this state any metal beverage container (1) a part of which is designed to be detached in order to open such container, or (2) that is connected to another beverage container by a device constructed of a material which does not decompose by photodegradation, chemical degradation or biodegradation within a reasonable time after exposure to the elements.
(d) On and after January 1, 2024, each beverage container sold or offered for sale in this state that has a refund value pursuant to subsection (a) of this section, shall include a Universal Product Code and barcode. Each deposit initiator shall provide such Universal Product Code and barcode, with packaging information, to the reverse vending machine system administrators and other system operators, not less than thirty days prior to placement of any such beverage container on the market.
(e) No dealer shall collect or charge a refund value pursuant to this section for a beverage container that is not purchased in this state.
(P.A. 78-16, S. 2, 6, 7, 10; P.A. 79-139, S. 1, 2; P.A. 80-95, S. 3; P.A. 84-30; 84-121, S. 2; P.A. 97-124, S. 12, 16; P.A. 09-2, S. 18; P.A. 11-80, S. 1; P.A. 21-58, S. 2; Nov. Sp. Sess. P.A. 22-1, S. 8, 9; P.A. 23-76, S. 2; P.A. 25-174, S. 194.)
History: P.A. 78-16 effective January 1, 1980; P.A. 79-139 allowed “return for deposit” or “return for refund” on container rather than refund value and excluded from provisions of Subsec. (b)(2) glass containers permanently marked or embossed with a brand name; P.A. 80-95 added exception re beverage containers sold or offered for sale for consumption on interstate passenger carriers; Sec. 22a-78 transferred to Sec. 22a-244 in 1983; P.A. 84-30 amended Subsec. (c) by adding provision requiring that beverage container holders be constructed of a material which decomposes within a reasonable time after exposure to the elements; P.A. 84-121 amended Subsec. (a) by adding provision requiring the refund value to be uniform throughout the distribution process; P.A. 97-124 amended Subsec. (b) to eliminate type size requirement for refund value information on containers, effective June 6, 1997; P.A. 09-2 amended Subsec. (a) by designating existing provisions as Subdiv. (1) and adding Subdiv. (2) re noncarbonated beverages, and made a conforming change in Subsec. (b), effective April 1, 2009; pursuant to P.A. 11-80, “Department of Environmental Protection” was changed editorially by the Revisors to “Department of Energy and Environmental Protection” in Subsec. (b)(1), effective July 1, 2011; P.A. 21-58 amended Subsec. (a) by increasing refund value from 5 cents to 10 cents and adding Subsec. (d) re Universal Product Code and barcode requirement, effective January 1, 2024; Nov. Sp. Sess. P.A. 22-1 amended Subsec. (b) to add provision authorizing the sale of dealer inventory without such labeling requirement for dealer inventory as of December 31, 2022, effective November 29, 2022; P.A. 23-76 amended Subsec. (b) to add provision re authorization to sell containers labeled with refund value of 5 cents if such container was part of dealer's or distributor's inventory as of December 31, 2023, effective January 1, 2024; P.A. 25-174 added Subsec. (e) re dealer prohibition on collecting a refund value for containers not purchased in this state, effective June 30, 2025.
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Sec. 22a-245. (Formerly Sec. 22a-79). Registration of redemption centers. Payment of refund value by dealers and distributors. Handling fee. Regulations. Redemption of out-of-state beverage containers. Quarterly report. Investigation and civil action. (a) No person shall establish or operate a redemption center without receiving approval to operate such a redemption center and annually registering with the commissioner on a form provided by the commissioner with such information as the commissioner deems necessary, including (1) the name of the business principals of the redemption center and the address of the business; (2) the name and address of the sponsors and dealers to be served by the redemption center; (3) the types of beverage containers to be accepted; (4) the hours of operation; and (5) whether beverage containers will be accepted from consumers. The operator of the redemption center shall report to the commissioner any change in the information described in subdivisions (1) to (4), inclusive, of this subsection not later than forty-eight hours after such change. Any person establishing a redemption center shall have the right to determine what kind, size and brand of beverage container shall be accepted. Any redemption center may be established to serve all persons or to serve certain specified dealers and shall be subject to the requirements of this chapter. Any redemption center that accepts more than two thousand five hundred containers from any one individual in one day shall create and obtain from such person a record of such person's name, the license plate number of any vehicle used to transport the containers to such redemption center, a copy of such person's driver's license, the collection points of the empty containers and the number of containers tendered. The redemption center shall obtain from such person a certification that, to the best of such person's knowledge, the beverage containers were originally sold as filled beverages in this state and were not previously redeemed. No redemption center shall accept more than five thousand containers in any one day from any person except for a nonprofit organization or a verified fundraising activity. Each redemption center and reverse vending machine operator shall retain the records required by this subsection for a period of not less than two years. The Commissioner of Energy and Environmental Protection may examine the accounts and records of any redemption center and reverse vending machine operator that are maintained pursuant to this section or any provision of this chapter, including, but not limited to, any related accounts and records including receipts, disbursements and any other item the commissioner deems appropriate.
(b) A dealer shall not refuse to accept at such dealer's place of business, from any person any empty beverage containers of the kind, size and brand sold by the dealer, or refuse to pay to such person the refund value of a beverage container unless (1) such container contains materials which are foreign to the normal contents of the container; (2) such container is not labeled in accordance with subsection (b) of section 22a-244; (3) such dealer sponsors, solely or with others, a redemption center which is located within a one-mile radius of such place of business and which accepts beverage containers of the kind, size and brand sold by such dealer at such place of business; or (4) there is established by others, a redemption center which is located within a one-mile radius of such place of business and which accepts beverage containers of the kind, size and brand sold by such dealer at such place of business. A dealer shall redeem an empty container of a kind, size or brand the sale of which has been discontinued by such dealer for not less than sixty days after the last sale by the dealer of such kind, size or brand of beverage container. Sixty days before such date, the dealer shall post, at the point of sale, notice of the last date on which the discontinued kind, size or brand of beverage container shall be redeemed.
(c) A distributor shall not refuse to accept from a dealer or from an operator of a redemption center, located and operated exclusively within the territory of the distributor or whose operator certifies to the distributor that redeemed containers were from a dealer located within such territory, any empty beverage containers of the kind, size and brand sold by the distributor, or refuse to pay to such dealer or redemption center operator the refund value of a beverage container unless such container contains materials which are foreign to the normal contents of the container or unless such container is not labeled in accordance with subsection (b) of section 22a-244. A distributor shall remove any empty beverage container from the premises of a dealer serviced by the distributor or from the premises of a redemption center sponsored by dealers serviced by the distributor, provided such premises are located within the territory of the distributor. No redemption center shall remove any beverage container from its premises or transfer such containers between premises under its control before tendering such containers for removal by a distributor unless authorized to do so, in writing, by the distributor. The distributor shall pay the refund value to dealers in accordance with the schedule for payment by the dealer to the distributor for full beverage containers and shall pay such refund value to operators of redemption centers not more than twenty days after receipt of the empty container. For the purposes of this subsection, a redemption center shall be considered to be sponsored by a dealer if (1) the dealer refuses to redeem beverage containers and refers consumers to the redemption center, or (2) there is an agreement between the dealer and the operator of the redemption center requiring the redemption center to remove empty beverage containers from the premises of the dealer. A distributor shall redeem an empty container of a kind, size or brand of beverage container the sale of which has been discontinued by the distributor for not less than one hundred fifty days after the last delivery of such kind, size or brand of beverage container. Not less than one hundred twenty days before the last date such containers may be redeemed, the distributor shall notify such dealer who bought the discontinued kind, size or brand of beverage container that such distributor shall not redeem an empty beverage container of such kind, size or brand of beverage containers.
(d) In addition to the refund value of a beverage container, a distributor shall pay to any dealer or operator of a redemption center a handling fee of at least two and one-half cents for each container of beer, hard seltzer, hard cider or other malt beverage and three and one-half cents for each beverage container of mineral waters, soda water and similar carbonated soft drinks or noncarbonated beverage returned for redemption. A distributor shall not be required to pay to a manufacturer the refund value of a nonrefillable beverage container.
(e) The Commissioner of Energy and Environmental Protection shall adopt regulations, in accordance with the provisions of chapter 54, to implement the provisions of sections 22a-243 to 22a-245, inclusive. Such regulations shall include, but not be limited to, provisions for the redemption of beverage containers dispensed through automatic reverse vending machines, the use of vending machines that reimburse consumers for the redemption value of beverage containers, scheduling for redemption by dealers and distributors and for exemptions or modifications to the labeling requirement of section 22a-244.
(f) For the purposes of this section, “refund value” means the refund value established by subsection (a) of section 22a-244.
(g) Notwithstanding the provisions of subsections (b) to (d), inclusive, of this section, no person shall tender to a dealer, redemption center, reverse vending machine, distributor or deposit initiator for the purpose of obtaining a refund value or handling fee for any empty beverage container that the person knows or has reason to know was not originally sold in this state as a filled beverage container or that was previously redeemed through a dealer, redemption center, reverse vending machine, distributor or deposit initiator.
(h) Each dealer, redemption center or reverse vending machine operator shall post where empty containers are redeemed a conspicuous “Redemption Warning” sign using at least a one-inch font that states the following: “Returning empty beverage containers for refund that were not purchased in Connecticut or that were previously redeemed is illegal. Any person who returns empty beverage containers that the person knows or has reason to know were not originally sold in this state as filled beverage containers or that were previously redeemed shall be subject to fines and state enforcement action. Connecticut General Statutes section 22a-245.”.
(i) Each operator of a redemption center shall report quarterly to the Commissioner of Energy and Environmental Protection, on a form provided by the commissioner, the number and type of containers such operator redeems, aggregated by each town in which such operator operates, each record created by such redemption center pursuant to subsection (a) of this section and any such other redemption information the commissioner deems necessary. Any redemption center that fails to submit a quarterly report pursuant to this subsection may be denied an annual registration pursuant to this section.
(j) (1) The Attorney General may, independently or upon complaint of the Commissioner of Energy and Environmental Protection or the Commissioner of Revenue Services, investigate the facts and circumstances concerning any alleged violation of a provision of this section. The Attorney General may issue subpoenas and written interrogatories in connection with such investigation, in the same manner and to the same extent as provided in section 35-42, provided no information obtained pursuant to the provisions of this subsection may be used in a criminal proceeding.
(2) If the Attorney General finds that a person has violated a provision of this section, the Attorney General may bring a civil action in the superior court for the judicial district in which such violation was committed.
(P.A. 78-16, S. 3-5, 10; P.A. 79-252, S. 1, 2; P.A. 80-95, S. 2; P.A. 83-42; P.A. 84-121, S. 3; P.A. 86-64; Nov. 24 Sp. Sess. P.A. 08-1, S. 12; P.A. 09-2, S. 19; P.A. 10-25, S. 1; P.A. 11-80, S. 1; P.A. 21-58, S. 3; P.A. 24-2, S. 1; P.A. 25-168, S. 405; 25-174, S. 191.)
History: P.A. 78-16 effective January 1, 1980; P.A. 79-252 added Subsec. (e) setting deadline of October 1, 1979, for adoption of regulations to implement Secs. 22a-77 to 22a-79; P.A. 80-95 provided that distributors need not pay refund value of nonrefundable containers to manufacturers; Sec. 22a-79 transferred to Sec. 22a-245 in 1983; P.A. 83-42 amended Subsec. (d) to distinguish two classes of beverage containers with different handling fees where previously one-cent fee applied to all containers; P.A. 84-121 amended Subsec. (a) to require registration of redemption centers, amended Subsec. (b) to require dealers and distributors to redeem empty beverage containers of a type they no longer sell, amended Subsec. (c) by adding provision that distributors must accept beverage containers from a redemption center within the distributor's territory or from dealers within such territory, and provisions re removal from premises of dealer or redemption center sponsored by dealers, re payment of refund value and re redemption of discontinued beverage containers, and amended Subsec. (d) to require regulations on redemption of beverage containers dispensed through vending machines, redemption scheduling and labeling exemptions; P.A. 86-64 amended Subsec. (d) by increasing the handling fee for empty beer containers from one to one and one half cents and amended Subsec. (c) to authorize the commissioner to adopt regulations concerning vending machines which dispense cash to consumers; Nov. 24 Sp. Sess. P.A. 08-1 amended Subsec. (e) to designate existing provisions as Subdiv. (1) and add reference to Sec. 22a-245a and make a technical change therein, and to add Subdiv. (2) re prescribed accounting system for reimbursement of refund value for redeemed beverage container, effective November 25, 2008; P.A. 09-2 amended Subsec. (b) by adding Subdiv. designators (1) to (4), amended Subsec. (d) by adding reference to noncarbonated beverages, added Subsec. (f) defining “refund value” and made conforming changes throughout, effective April 1, 2009; P.A. 10-25 amended Subsec. (e) by deleting Subdiv. (1) designator, replacing reference to Sec. 22a-245a with reference to Sec. 22a-245 and deleting former Subdiv. (2) re inclusion in regulations of prescribed accounting system for reimbursement of refund value for redeemed beverage container, effective July 1, 2010; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection” in Subsec. (e), effective July 1, 2011; P.A. 21-58 amended Subsec. (d) by increasing handling fee from 1.5 cents to 2.5 cents for each container of beer and adding “, hard seltzer, hard cider”, and increasing handling fee from 2 cents to 3.5 cents for each beverage container, and amended Subsec. (e) by changing “automatic vending machines” to “automatic reverse vending machines” and “dispense cash to consumers for redemption” to “reimburse consumers for the redemption value”; P.A. 24-2 added Subsec. (g) re redemption of out-of-state beverage containers and Subsec. (h) re redemption warning signs, effective May 9, 2024; P.A. 25-168 added Subdiv. (i), codified by the Revisors as Subsec. (j), re Attorney General investigation and civil action, effective June 30, 2025; P.A. 25-174 amended Subsec. (a) to add reference to the operation of redemption centers, the approval to operate and the annual registration of such redemption centers, to require report to commissioner of any change in the information in Subdivs. (1) to (4) of said Subsec., to establish the requirements for records to be created when a redemption center accepts more than 2,500 from any one individual in a day, to establish a daily redemption limit of 5,000 containers from any one individual and to add the authority of commissioner to examine the records and accounts of any such redemption center or reverse vending machine, Subsec. (c) to add prohibition on the moving of containers from a redemption center without tendering such containers to the distributor and added Subsec. (i) re requirements for quarterly reports by each redemption center to commissioner, effective June 30, 2025.
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Sec. 22a-245f. Distributor and dealer consumer education efforts re beverage container redemption value. Daily redemption limit. (a) On and after January 1, 2024, each distributor and dealer shall undertake efforts to educate consumers of the ten-cent redemption value for beverage containers.
(b) No person shall redeem more than two hundred forty beverage containers in any one day at a dealer or dealer's reverse vending machine.
(c) For the purposes of this section, “distributor”, “dealer”, “consumer”, “beverage container” and “reverse vending machine” each have the same meaning as provided in section 22a-243.
(P.A. 23-76, S. 3; P.A. 25-174, S. 192.)
History: P.A. 23-76 effective June 26, 2023; P.A. 25-174 changed redemption limit for any one time to a daily redemption limit at any dealer or dealer's reverse vending machine, effective June 30, 2025.
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