[§342G-82] Advance disposal fee. (a) Every glass container importer shall pay to the department an advance disposal fee. The fee shall be imposed only once on the same glass container and shall not be assessed on drinking glasses, cups, bowls, plates, ashtrays, and similar tempered glass containers. For the period September 1, 1994, to September 1, 1996, the fee shall be one and one-half cents per glass container. Thereafter, the fee shall be set by the legislature at a rate the legislature determines will permit funding of county glass recovery programs as required to achieve the following glass recovery program goals:

(1) Twenty-five per cent by the end of 1996;

(2) Fifty per cent by the end of 1998; and

(3) By the end of 2000 and thereafter, the maximum amount practicable considering the economic and environmental benefits to be realized.

(b) In January 1995, the department, with assistance from the county solid waste divisions, shall evaluate the amount of glass recovered during the first fifteen months of the program and recommend to the legislature any modification in the fee structure to meet county glass recovery program funding requirements. Thereafter, prior to the convening of the legislative session in each subsequent even-numbered year, the department of health, in coordination with the counties, shall report to the legislature on the effectiveness of the program and make appropriate recommendations for modification of the fee.

(d) No county shall impose or collect any assessment or fee on glass containers for the same or similar purpose that is [the] subject of this chapter. [L 1994, c 201, pt of §2]