Hawaii Recycling Firm Fined by State Agency

The Hawai‘i State Department of Health’s Solid & Hazardous Waste Branch has issued a Complaint and Order against Reynolds Recycling Inc. for violations of State Deposit Beverage Container requirements. DOH has assessed an administrative penalty against Reynolds Recycling Inc. of $42,279 for its violations of the DBC rules and certification requirements.

From February 24, 2005 through December 28, 2006, Reynolds Recycling violated six DBC requirements at their certified redemption centers on Oahu and Kauai. The violations are: 1) failure to inspect DBCs for refund eligibility; 2) paying refunds on ineligible containers; 3) improperly estimating container refunds on DBCs; 4) not checking customer reported counts; 5) repeated closures of redemption center sites without notice/approval from the DOH; and 6) failure to post the required redemption center signs. During this time, DOH issued Reynolds Recycling four warning letters, and provided ongoing compliance assistance through meetings, phone correspondences and on-site inspections.

DOH evaluated the gravity of DBC violations based on their potential for harm, extent of deviation, and the repeated nature of the violations. Also considered were other factors such as willfulness, negligence, good faith efforts to comply, or other unique circumstances.

DOH is not assessing penalties for 2005 because that was the first year of operations and all redemption centers were in a start-up and adjustment phase. Reynolds Recycling Inc. has contested the Complaint and Order, and an administrative hearing will be scheduled.