Glass recycling fees and record keeping rules

(a) The amount of funding provided in the glass incentive account referenced in § 6-49.1 shall be adequate to meet glass recycling program goals as determined by the department, considering the economic and environmental benefits to be realized. (b) Every glass dealer shall pay to the department an assessment to cover incentives and the expense of administering the glass recycling program, which assessment shall be paid only once on the same glass container and shall not exceed 1 cent per glass container in the first year of operation and shall not exceed 2 cents per container, if needed, in the second year, and thereafter an amount to be determined by the department consistent with the glass recycling program goals as determined by the department pursuant to subsection (a). In addition to the revenues provided by the glass dealers through the assessments, the city shall pay to the fund an amount not to exceed $300,000 in the first year of operation and $600,000, if needed, in the second year, and thereafter an amount to be determined by the department consistent with the glass recycling program goals as determined by the department pursuant to subsection (a), subject to appropriation by the council. The assessment shall be paid at a time and in a manner prescribed by rules adopted by the department in accordance with HRS Chapter 91. The assessment shall not be paid on glass containers exported from the city, unless the glass dealer decides to make such payment. (c) The department may require glass dealers to maintain records reflecting their manufacture and importation of glass containers, to furnish to the department such information as may be requested relating to such manufacture and importation, and to permit inspection by the department of such books and records. Proprietary information obtained by the department shall be kept confidential, and shall not be disclosed to any other person except: (1) As may be reasonably required in any administrative or judicial proceeding to enforce this chapter or any rule adopted to implement or administer this chapter; and (2) Under any order or subpoena issued by a court.