bottling up fraud in Maine

Maine ratified a bill to outlaw the five-cent redemption of bottles brought from other states in 1979. But only recently has the state begun implementing stricter measures to enforce that law, which resulted in a Kittery recycling station shutting down last year.

Maine considers redeeming bottles bought outside the state’s borders to be fraud, which is punishable by fines of $25,000 total or $100 per container, whichever is greater. The state withdrew funding for enforcement of the law in 1991, and fraudulent redemption subsequently skyrocketed. According to Hal Prince, director of Maine’s Division of Quality Assurance and Regulation at the Department of Agriculture, Food and Rural Resources, bottling distribution companies were the hardest hit.

Distribution companies pay the state a five-cent tax for each bottle, which is then passed on to customers in the price of the beverage. That five cents can be redeemed when the bottles are returned to the state at recycling stations.

Distribution companies are levied an additional three-cent processing fee for each bottle returned to the state. This means that every time an out-of-state bottle is redeemed, the distribution companies lose eight cents.  
Increased bottle redemption fraud made stricter enforcement necessary.

“Back in 2002, the state legislature was looking for greater enforcement, so a study committee was formed,” Prince said. The committee submitted a proposal for stricter enforcement, which took effect in 2003. But, according to Steve Giguere, the division’s program manager, enforcement remained an issue until May 2007, when the division hired an employee to focus specifically on the problem.

“We try to educate the public. We find people aren’t aware of that law,” Giguere said.

Generally, only people who blatantly disregard the law are fined. Redemption centers are cautioned to be wary of out-of-state trailers filled with bottles. If problems persist, the Division of Quality Assurance and Regulation will contact the Maine Attorney General’s Office.

Individuals who violate the law can be fined, but recycling centers stand to lose much more. Not only are they subject to the same fines, but repeat offenses can lead to the loss of their licenses. Thirsty Dawg recycling station in Kittery is a recent example.

The station was caught accepting loads of out-of-state bottles in 2003 and 2007. According to Giguere, a deliberate intent to disregard the law was evident. When the station changed locations and reapplied for a recycling license, the license was never granted. Thirsty Dawg went out of business in the summer of 2007.

“The biggest thing we have to fall back on is the loss of license,” Giguere said. He expects to see more attempts at fraudulent redemption this summer. 

St. Michael plans ‘green’ church in Exeter

When St. Michael Parish first proposed building a church on Fort Rock Farm in Exeter, a surge of opposition sprang up. Neighbors and sympathizers pleaded with the landowner, Warren Henderson, not to sell. After clearing a number of hurdles, including several marathon zoning board meetings, the project continues to move forward. The latest news in the saga is that the church’s designers are vying for LEED (Leadership in Energy and Environmental Design) certification.
“We’ve said from the outset that part of our faith is protecting the environment,” said Paul Young, a spokesperson for the St. Michael Capital Campaign. “We’ve looked at everything we can do and thought this was a good way to go.”

With assistance from the Jordan Institute, an environmental consulting organization, St. Michael hopes to become LEED-certified by the U.S. Green Building Council. The parish has committed to putting in porous pavement, made of either asphalt or cement, which will allow for the collection and treatment of storm water runoff. According to Young, St. Michael will also try to incorporate alternative energy. Failing that, the church will concentrate on making its new facility as energy efficient as possible. Landscaping will also be designed with LEED standards in mind.

If certified, St. Michael would become the first church in New Hampshire and the third building in Exeter to earn the LEED stamp. The field house at Phillips Exeter Academy is LEED-certified and Squamscott Community Commons is shooting for certification. 

By promoting renewable energy and sustainable design, the church may be able to pacify some of its opponents. “We’ve been criticized for our handling of stormwater. This is the highest standard of environmental protection,” Young said. “I think a lot of people that were originally opposed have changed their minds.”

While he predicts that some people will fight the project until the end, Young is hopeful that most will accept the church, especially as the design process moves forward and further changes are made to address environmental concerns.

During the certification process, projects are measured using a 59-item checklist. A project must receive 22 out of 59 checks to be considered for LEED certification. According to Young, the St. Michael project has received 36 checks so far.