It is enacted by the General Assembly as follows:

SECTION 1. Section 23-18.8-5 of the General Laws in Chapter 23-18.8 entitled "Waste Recycling" is hereby amended to read as follows:

{ADD 23-18.8-5. ADD} {DEL Telephone directory disposal -- Responsibility of distributor -- Recyclability criteria -- Enforcement. DEL} {ADD Telephone directory disposal. -- ADD} (a) No person shall dispose of any telephone directory within the state of Rhode Island except through {DEL the system established by the department. DEL} {ADD established systems of recycling. ADD} {DEL The distributor shall elect to either:

(1) Provide for the collection of the telephone directories at the point or points with in the state designated by the department and shall reimburse the department and the corporation for the reasonable costs of collection and processing incurred by the department and the corporation; or

(2) Reimburse the department and corporation for all reasonable costs of collection, processing and marketing the directories, giving due allowance for sums received in marketing the directories. Such election for any calendar year may be made by the distributor by written notice of election filed with the director on or before November 1 in the prior year. In the absence of such election in the initial year, election number one shall apply. In the absence of any such election in any subsequent year the election in effect for the previous year shall continue. During periods when the distributor shall have elected election number one, the distributor shall provide the department with proof that the directories collected in Rhode Island are recycled and not disposed of in a landfill or incinerator, unless an exception for such disposal is granted by the director. DEL}

(b) Any telephone directory produced for distribution in the state of Rhode Island shall be bound with a binder which will not interfere with recyclability {ADD . ADD} {DEL under regulations to be promulgated by the director. DEL}

{DEL (c) The director shall promulgate such rules and regulations as may be necessary to implement the provisions of this section. The director or his or her duly authorized designee is authorized to assess administrative penalties for violations of this section, in accordance with the provisions of chapter 17.6 of title 42 and, in addition to any administrative penalty, may institute a civil action in the name of the state in a court of competent jurisdiction, to enjoin and restrain violations of this section. DEL}

SECTION 2. This act shall take effect on January 1, 1996.