WAILUKU — Seeking to ease procedures for dealing with violations of the state's beverage container redemption law, the Department of Health is proposing rules to allow inspectors to immediately cite violations at facilities participating in the recycling program, The Maui News reported.

Under the proposed rules, redemption centers, beverage distributors and dealers could face field citations for violations, with fines up to $300.

The process would be similar to a police officer issuing a speeding ticket, with an operator given an option of contesting the allegations through a more time-consuming administrative hearing.

Since the state instituted the beverage container redemption program in November 2004, state officials said the four most prevalent problems at certified redemption centers are:

• Redemption center staff refusing to count up to 200 containers when requested.

• Redemption centers not open during stated operating hours.

• Redemption center staff not inspecting consumers' containers for redemption eligibility.

• Redemption center staff not verifying consumer deposit beverage container quantities.

Maui redemption center officials say they support the proposed rules and say laws need to be enforced.

But one redemption center operator wondered whether the field citations process will consider inadvertent errors.

"I think it's good," said Paul Hanada, whose Aloha Shell Service Station includes reverse vending machines to redeem beverage containers under the HI-5 program.

"You need some sort of standard to follow. They are making sure we are all following standards," he said. "It's good for the customers. When you start deviating from the standards, the consumer doesn't benefit from that."

Sherri Pell, manager of Aloha Glass Recycling, said the proposed rules would not change their operating procedures and they are not a "big deal."

"If we are doing our jobs correctly, then there will be no problems and no penalties," she said.

"Laws need to be regulated. The DOH has laws that redemption centers are required to follow. I believe they are just looking at ways to ensure that proper procedures are followed," she said.

Hanada did wonder how the new rules will work when the error is unintentional, as when one type of container might fall into a bin holding other types of beverage containers.

"One of my concerns is they might do some citations that are not really intentional," he said.

If one of his employees mistakenly weighs a container mixed with other types of containers, he asked, "Would they fine us?"

The state Department of Health will hold a public hearing via videoconference on the proposed rules tonight.

Current rules provide for fines for violations by redemption centers, deposit beverage distributors and dealers, but the processing involves the lengthy administrative procedures.

The Hawaii redemption law charges consumers 6 cents for each beverage container purchased. They are repaid 5 cents for each container redeemed, with the additional penny going to cover administrative and handling costs of the businesses redeeming containers.

Under the law, redemption centers may rely on a formula for weighing the various types of aluminum, plastic and glass beverage containers, but consumers turning in fewer than 200 containers may demand a hand count.

The field citations would "provide an alternative, quick administrative settlement process to the often costly and lengthy traditional administrative enforcement process," said Karl Motoyama, coordinator of the state's deposit beverage container program.

Motoyama said the laws allow field citations, and the proposed rules will set up the program process.

Hanada said he asked state officials how unintentional actions will be handled, and was told state inspectors have authority to issue a citation if they found any violation. But he said he is optimistic that inspectors will look further into an apparent violation to determine if it was intentional.

Greg Apa, executive vice president of Maui Disposal, said he had no issues with the proposed rules. He said he likes to have problems corrected as soon as possible.

Maui Disposal has never been charged with violations, he said, but he said he knows of a situation where it took 14 months for one person to receive documentation of an alleged violation.

Motoyama said the administrative enforcement procedure may be a "very protracted process" and can take six months to a year, during which parties can ask for postponements. The process also can be costly, with legal fees as well as penalties that are higher than fines proposed in the citation procedure, he said.

There will continue to be administrative enforcement actions for more serious, multiple or long-term allegations of noncompliance.

Under the proposed rules, an inspector who sees a violation may issue the citation on the spot, he said. An owner or operator can accept the citation and the fine or will have 30 days to challenge it.

Motoyama said the Department of Health has issued seven formal enforcement findings and orders for deposit beverage container program violations.

To date, fines collected have amounted to around $7,000, he said.

For more Maui news, visit The Maui News.