PUBLIC Law, Chapter 544, An Act To Stabilize Solid Waste Management Funding

An Act To Stabilize Solid Waste Management Funding

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 38 MRSA §2201, 3rd ¶, as amended by PL 2005, c. 618, §21, is further amended to read:

Funds related to administration may be expended only in accordance with allocations approved by the Legislature for administrative expenses directly related to the office's and the department's programs, including actions by the department necessary to abate threats to public health, safety and welfare posed by the disposal of solid waste. Funds related to fees imposed on the disposal of construction and demolition debris and residue from the processing of construction and demolition debris may be expended only for the state cost share to municipalities under the closure and remediation cost-sharing program for solid waste landfills established in section 1310-F. Funds related to operations may be expended only in accordance with allocations approved by the Legislature and solely for the development and operation of publicly owned facilities owned or approved by the office and for the repayment of any obligations of the office incurred under article 3. These allocations must be based on estimates of the actual costs necessary for the office and the department to administer their programs, to provide financial assistance to regional associations and to provide other financial assistance necessary to accomplish the purposes of this chapter. Beginning in the fiscal year ending on June 30, 1991 and thereafter, the fund must annually transfer to the General Fund an amount necessary to reimburse the costs of the Bureau of Revenue Services incurred in the administration of Title 36, chapter 719. Allowable expenditures include "Personal Services," "All Other" and "Capital Expenditures" associated with all office activities other than those included in the operations account.

Sec. 2. 38 MRSA §2202, sub-§2, as enacted by PL 1989, c. 585, Pt. A, §7, is repealed.

Sec. 3. 38 MRSA §2203-A, as amended by PL 1999, c. 564, §1, is further amended to read:

§ 2203-A. Waste handling fees

1. Fees. Fees are imposed in the following amounts to be levied for solid waste that is disposed of at commercial, municipal , state-owned and regional association landfills.

Asbestos $5 per cubic yard

Oil-contaminated soil, gravel, brick, concrete and other aggregate $25 per ton

Waste water facility sludge $5 per ton

Ash, coal and oil $5 per ton

Paper mill sludge $5 per ton

Industrial waste $5 per ton

Sandblast grit $5 per ton

All other special waste $5 per ton

Municipal solid waste ash $1 per ton

Front end process residue (FEPR) $1 per ton

Beginning January 1, 2013 and ending December 31, 2013, construction and demolition debris and residue from the processing of construction and demolition debris $1 per ton

Beginning January 1, 2014, construction and demolition debris and residue from the processing of construction and demolition debris $2 per ton

2. Exceptions. Notwithstanding subsection 1:

A. A municipal or regional association landfill that has accepted 12,000 tons or more of special waste, other than municipal solid waste ash, asbestos and oil-contaminated soil, gravel, brick, concrete and other aggregate, in calendar year 1998 shall continue to pay $2 per ton to the department for those categories of waste accepted in that calendar year;

B. A municipal or regional association landfill shall continue to pay $2 per ton to the department on all categories of special waste other than municipal solid waste ash, asbestos and oil-contaminated soil, gravel, brick, concrete and other aggregate that was generated by the municipality or regional association and accepted for disposal in its landfill in calendar year 1998; and

C. A municipal or regional association landfill that has accepted 550 tons or more of oil-contaminated soil, gravel, brick, concrete and other aggregate in calendar year 1998 shall pay $5 per ton for that category of waste . ; and

D. A fee may not be imposed under this section on construction and demolition debris or residue from the processing of construction and demolition debris disposed of at a municipal or regional association landfill that is less than 6 acres in size and accepts only inert fill, construction and demolition debris, debris from land clearing and wood wastes.

Effective 90 days following adjournment of the 125th Legislature, Second Regular Session, unless otherwise indicated.

HP0937 LD 1278	PUBLIC Law, Chapter 544 Signed on 2012-03-29 00:00:00.0 - Second Regular Session - 125th Maine Legislature
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	Asbestos	$5 per cubic yard

	Oil-contaminated soil, gravel, brick, concrete and other aggregate	$25 per ton

	Waste water facility sludge	$5 per ton

	Ash, coal and oil	$5 per ton

	Paper mill sludge	$5 per ton

	Industrial waste	$5 per ton

	Sandblast grit	$5 per ton

	All other special waste	$5 per ton

	Municipal solid waste ash	$1 per ton

	Front end process residue (FEPR)	$1 per ton

	Beginning January 1, 2013 and ending December 31, 2013, construction and demolition debris and residue from the processing of construction and demolition debris	$1 per ton

	Beginning January 1, 2014, construction and demolition debris and residue from the processing of construction and demolition debris	$2 per ton