§ 23-18.13-5 - Exemptions.
SECTION 23-18.13-5
§ 23-18.13-5 Exemptions. – (a) All packages and packaging components shall be subject to this chapterexcept the following:
(1) Those packages or packaging components with a codeindicating date of manufacture that were manufactured prior to July 5, 1990; or
(2) Those packages or packaging components to which lead,cadmium, mercury, or hexavalent chromium have been added in the manufacturing,forming, printing or distribution process in order to comply with health orsafety requirements of federal law provided that the manufacturer of a packageor packaging component must petition the department of environmental managementfor any exemption from the provisions of this subdivision for a particularpackage or packaging component based upon either criterion; and providedfurther that the department of environmental management may grant a two (2)year exemption if warranted by the circumstances; and provided further thatthis exemption may, upon meeting either criterion of this subdivision, berenewed at two (2) year intervals; or
(3) Packages and packaging components incidental to anyalcoholic beverage, as defined in § 3-1-1, which was bottled prior toOctober 1, 1992; or
(4) Those packages or packaging components to which lead,cadmium, mercury, or hexavalent chromium have been added in the manufacturing,forming, printing, or distribution process for which there is no feasiblealternative, provided that the manufacturer of a package or packaging componentmust petition the department for any exception from the provisions of thissubdivision for a particular package or packaging component based upon thecriterion; and provided further that the department may grant an exemption forup to two (2) years if warranted by the circumstances; and provided furtherthat this exemption may, upon meeting either criterion of this subdivision, berenewed at two (2) year intervals. For purposes of this subdivision, a use forwhich there is no feasible alternative is one in which the regulated substanceis essential to the protection, safe handling, or function of the package'scontents.
(b) Standards. A plan, to be proposed by themanufacturer seeking the exemption of his or her designee, shall include eachof the following elements:
(1) A means of identifying in a permanent and visible mannerthose reusable entities containing regulated metals for which an exemption issought;
(2) A method of regulatory and financial accountability sothat a specified percentage of reusable entities manufactured and distributedto other persons is not discarded by those persons after use, but is returnedto the manufacturer or his or her designee;
(3) A system of inventory and record maintenance to accountfor reusable entities placed in, and removed from, service;
(4) A means of transforming returned entities, that are nolonger reusable, into recycled materials for manufacturing or intomanufacturing wastes which are subject to existing federal and/or state laws orregulations governing manufacturing wastes to ensure that these wastes do notenter the commercial or municipal waste stream; and
(5) A system of annually reporting to the department changesto the system and changes in designees.