An Act To Implement Recommendations of the Department of Environmental Protection Regarding the State's Container Redemption Laws
Sec. 1. 36 MRSA §1760, sub-§93, as amended by PL 2015, c. 166, §13, is further amended to read:
Sec. 2. 38 MRSA §352, sub-§5-A, as amended by PL 2009, c. 374, §1, is further amended to read:
|TITLE 36 SECTION||PROCESSING FEE||CERTIFICATION FEE|
|656, sub-§1, ¶E, Pollution Control Facilities|
|A. Water pollution control facilities with capacities at least 4,000 gallons of waste per day and §1760, sub-§29, water pollution control facilities||$250||$20|
|B. Air pollution control and §1760, sub-§30, air pollution control facilities||250||20|
|TITLE 38 SECTION||PROCESSING FEE||LICENSE FEE|
|344, sub-§7, Permit by rule||$50||$0|
|413, Waste discharge licenses||See section 353-B|
|420-D, Storm water management|
|A. If structural means of storm water control are used||$400 for the first acre of disturbed area, plus $200 for each additional whole acre of disturbed area||$100 for the first acre of disturbed area, plus $50 for each additional whole acre of disturbed area|
|B. If solely vegetative means of storm water control are used||$200 for the first acre of disturbed area, plus $100 for each additional whole acre of disturbed area||$50 for the first acre of disturbed area, plus $25 for each additional whole acre of disturbed area|
|C. When a permit by rule is required||$55||none|
|If a project described in paragraph A or B is reviewed and approved by a professional engineer at a soil and water conservation district office that has a memorandum of understanding with the department concerning review of projects pursuant to this section, the total applicable fee is reduced to a processing fee of $100 for the first acre of disturbed area, plus a license fee of $50 for each additional whole acre of disturbed area.|
|480-E, Natural resources protection|
|A. Any alteration of a protected natural resource, except coastal wetlands and coastal sand dunes, causing less than 20,000 square feet of alteration of the resource||140||50|
|B. Any alteration of a coastal wetland causing less than 20,000 square feet of alteration of the resource||240||60|
|C. Any alteration of a protected natural resource, except coastal sand dunes, causing 20,000 square feet or more of alteration of the resource||.015/sq. ft. alteration||.005/sq. ft. alteration|
|C-1. Significant groundwater well||4,577||1,961|
|C-2. Activity within a community public water supply primary protection area||183||64|
|D. Any alteration of a coastal sand dune||3,500||1,500|
|E. Condition compliance||84||0|
|F. Minor modification||184||0|
|485-A, Site location of development|
|A. Residential subdivisions|
|1. Affordable housing||50/lot||50/lot|
|2. On public water and sewers||175/lot||175/lot|
|3. All Other||250/lot||250/lot|
|B. Industrial parks||460/lot||460/lot|
|543, Oily waste discharge||40||160|
|560, Vessels at anchorage||125||100|
|587, Ambient air quality or emissions standards variances||5,050||50|
|590, Air emissions licenses||See section 353-A|
|633, Hydropower projects|
|A. New or expanded generating capacity||450/MW||50/MW|
|B. Maintenance and repair or other structural alterations not involving an increase in generating capacity||150||150|
|33 United States Code, Chapter 26, Water Quality Certifications, in conjunction with applications for hydropower project licensing or relicensing|
|A. Initial consultation||1,000||0|
|B. Second consultation||1,000||0|
|1304, Waste management|
|A. Septage disposal|
|1. Site designation||50||25|
|B. Land application of sludges and residuals program approval|
|1. Industrial sludge||400||400|
|2. Municipal sludge||300||275|
|4. Wood ash||300||75|
|5. Food waste||300||75|
|6. Other residuals||300||175|
|1. Closing plans for secure landfills||1,500||1,500|
|2. Closing plans for attenuation landfills||500||500|
|3. Post-closure report||175||175|
|4. Preliminary information reports||175||175|
|5. License transfers||500||175|
|6. Special waste disposal|
|a. One-time disposal of quantities of 6 cubic yards or less||50||50|
|b. One-time disposal of quantities greater than 6 cubic yards||100||100|
|c. Program approval for routine disposal of a special waste||300||300|
|7. Minor revision for secure landfills||600||100|
|8. Minor revision for attenuation landfills||100||100|
|9. Public benefit determination||175||175|
|D. Incineration facility|
|2. License transfer||175||175|
|E. License transfer other than for landfills and incinerators||100||100|
|F. Minor revision for septage facilities and solid waste facilities other than landfills||100||100|
|G. Permit by rule for one-time activities||100||100|
|TITLE 38 SECTION||PROCESSING FEE||ANNUAL LICENSE FEE|
|1278, Asbestos abatement|
|A. Asbestos abatement contractor||$0||$650|
|B. Asbestos abatement worker||0||50|
|C. Asbestos consultant||0||650|
|D. Asbestos analytical laboratory||0||400|
|E. Training provider||0||500|
|F. Other categories of asbestos professionals except asbestos abatement workers||0||100|
|1. Project size greater than 100 square feet or 100 linear feet and less than 500 square feet or 2,500 linear feet||100||0|
|2. Project size 500 square feet or 2,500 linear feet, or greater, and less than 1,000 square feet or 5,000 linear feet||150||0|
|3. Project size 1,000 square feet or 5,000 linear feet, or greater||300||0|
|1304, Waste management|
|A. Septage disposal|
|B. Residuals compost facility|
|1. Type I||150||150|
|3. Type II and Type III less than 3,500 cubic yards||700||500|
|5. Type II and Type III 3,500 cubic yards or greater||1,400||850|
|C. Land application of sludges and residuals|
|1. Sites with program approval|
|a. Industrial sludge||150||250|
|b. Municipal sludge||75||200|
|d. Wood ash||50||125|
|e. Food waste||50||125|
|f. Other residuals||50||125|
|2. Sites without program approval|
|a. Industrial sludge||300||550|
|b. Municipal sludge||150||250|
|d. Wood ash||75||200|
|e. Food waste||75||200|
|1310-N, Solid waste facility siting|
|1. Existing, nonsecure municipal solid waste landfills accepting waste from fewer than 15,000 people||3,500||3,500|
|2. Existing, nonsecure municipal solid waste landfills accepting waste from more than 15,000 people||3,500||3,500|
|3. New or expanded for secure landfill||5,000||8,500|
|5. Nonsecure wood waste or demolition debris landfills, or both, if less than or equal to 6 acres||700||750|
|B. Incineration facilities|
|1. New or expanded for the acceptance of municipal or special wastes, or both||3,500||5,000|
|2. Municipally owned and operated solid waste incinerators with licensed capacity of 10 tons per day or less||3,500||1,000|
|C. Transfer station and storage facility||750||175|
|D. Tire storage facility||400||450|
|F. Processing facility other than municipal solid waste composting||700||700|
|G. Beneficial use activities other than agronomic utilization|
|3. Fuel substitution||700||500|
|4. Beneficial use without risk assessment||700||200|
|5. Beneficial use with risk assessment||1,400||500|
|H. Permit by rule for ongoing activities||100||100|
|3109, Redemption centers||0||100|
Sec. 3. 38 MRSA §3102, sub-§12, as enacted by PL 2015, c. 166, §14, is repealed.
Sec. 4. 38 MRSA §3102, sub-§13, as enacted by PL 2015, c. 166, §14, is amended to read:
Sec. 5. 38 MRSA §3102, sub-§§16-A, 17-A and 17-B are enacted to read:
Sec. 6. 38 MRSA §3105, sub-§5, as enacted by PL 2015, c. 166, §14, is amended to read:
Sec. 7. 38 MRSA §3106, as enacted by PL 2015, c. 166, §14, is amended to read:
§ 3106. Application
The obligation obligations of the initiator of the deposit under this subsection may be fulfilled by the initiator directly or through a party with which it has entered into a commingling agreement. A contracted agent hired to pick up beverage containers for one or more initiators of deposit is deemed to have made a pickup at a redemption center for those initiators of deposit when it picks up beverage containers belonging to those initiators of deposit.
(1) All of the containers were collected at one location in this State;
(2) All proceeds of the refund value benefit a nonprofit organization that has been determined by the United States Internal Revenue Service to be exempt from taxation under the United States Internal Revenue Code of 1986, Section 501(c)(3); and
(3) The person tendering the containers for redemption signs a declaration indicating the person’s name, the address of the collection point and the name of the organization or organizations that will receive the refund value.
Sec. 8. 38 MRSA §3107, as enacted by PL 2015, c. 166, §14, is amended to read:
§ 3107. Commingling of beverage containers
Notwithstanding any other provision of this chapter to the contrary, 2 or more initiators of deposit may enter into a commingling agreement through which some or all of the beverage containers for which the initiators have initiated deposits may be commingled by dealers and operators of redemption centers as provided in this section. No later than January 1, 2023, each initiator of deposit shall enter into a commingling agreement pursuant to this section.
An initiator of deposit that enters into a commingling agreement pursuant to this section shall permit any other initiator of deposit to become a party to that agreement on the same terms and conditions as the original agreement. Once the initiator of deposit has established a qualified commingling agreement pursuant to the requirements of subsection 1-A, the department shall allow additional brands of beverage containers from a different product group to be included in the commingling agreement if those additional brands are of like material to those containers already managed under the commingling agreement.
For the purposes of this chapter and notwithstanding any provision of this chapter to the contrary, the State, through the Department of Administrative and Financial Services, Bureau of Alcoholic Beverages and Lottery Operations, is deemed to be managing returned containers for which the State has initiated deposits in a commingling program pursuant to a qualified commingling agreement as long as the State allows a dealer or redemption center to commingle returned containers of like material.
The 3rd party or stewardship organization operating the program may require an initiator of deposit included in the program to provide financial assurance in the form of a deposit no greater than the initiator of deposit's anticipated costs for beverage container deposits, redemption center handling costs and any contractual fees for up to 4 months of anticipated sales in the State. The 3rd party or stewardship organization shall retain any financial assurance required pursuant to this subsection in a separate account. In the event that an initiator of deposit that has provided financial assurance in accordance with this subsection fails to reimburse the 3rd party or stewardship organization for its incurred costs within 90 days of receipt of an invoice for such costs, the 3rd party or stewardship organization may cover those invoiced costs using the financial assurance provided by the initiator of deposit in accordance with this subsection.
The department may approve no more than 2 commingling agreements as qualified commingling agreements under this subsection and may not approve a qualified commingling agreement under this subsection for a period exceeding 10 years.
Sec. 9. 38 MRSA §3109, as enacted by PL 2015, c. 166, §14, is amended to read:
§ 3109. Redemption centers
Sec. 10. 38 MRSA §3113, as enacted by PL 2015, c. 166, §14, is amended to read:
§ 3113. Licensing requirements
A license issued annually by the department is required before any person may initiate deposits under section 3103, operate a redemption center under section 3109 or act as a contracted agent for the collection of beverage containers under section 3106, subsection 8, paragraph B.
For a municipality with a population of no more than 5,000, the department may license redemption centers in accordance with rules adopted by the department. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
Sec. 11. 38 MRSA §3115, first ¶, as enacted by PL 2015, c. 166, §14, is amended to read:
The department shall administer this chapter and has the authority, following public hearing, to adopt necessary rules to carry it into effect. The department may adopt rules governing local redemption centers that receive beverage containers from dealers supplied by distributors other than the distributors servicing the area in which the local redemption center is located in order to prevent the distributors servicing the area within which the redemption center is located from being unfairly penalized. Rules adopted by the department pursuant to this chapter are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A, except that rules adopted by the department pursuant to this chapter that establish or modify fees are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A. In addition to other actions required by this chapter, department responsibilities include the following.
Sec. 12. 38 MRSA §3116, sub-§2, as enacted by PL 2015, c. 166, §14, is amended to read:
Sec. 13. 38 MRSA §3117, sub-§3, as enacted by PL 2015, c. 166, §14, is amended to read:
Sec. 14. 38 MRSA §3119 is enacted to read:
§ 3119. Reporting requirements
This section establishes annual reporting requirements for initiators of deposit and for pick-up agents that are not initiators of deposit.
This bill, which is reported out by the Joint Standing Committee on Environment and Natural Resources pursuant to Joint Order 2019, H.P. 883, implements the Department of Environmental Protection's recommendations regarding the State's container redemption laws as included in the department's annual report on the State's product stewardship programs.
This bill makes a number of changes to the State's container redemption laws including the following.
1. It amends the laws to provide that a dealer of beverage containers with 5,000 or more square feet of retail space must accept beverage container returns unless the dealer has a written agreement with a redemption center located within 10 miles of the dealer, as measured along public roadways, to provide redemption services on the dealer's behalf.
2. It establishes an annual license fee for redemption centers of $100. The current annual license fee is $50.
3. It clarifies the ability of the Department of Administrative and Financial Services, Bureau of Alcoholic Beverages and Lottery Operations to manage its returned containers as a qualified commingling program.
4. It eliminates the special handling fee for small brewers and bottlers of water.
5. It clarifies the obligation of initiators of deposit to recycle returned beverage containers that the initiator of deposit has picked up or that a 3rd party has picked up on the initiator of deposit's behalf.
6. It clarifies the requirements for qualified commingling agreements under the law, provides for the creation of an additional commingling group to be operated by a 3rd party or stewardship organization and requires all initiators of deposit to enter into a commingling agreement by January 1, 2023.
7. It clarifies licensing standards and other requirements for redemption centers.
8. It clarifies the Department of Environmental Protection's rule-making and administrative authority under the law.
9. It establishes annual reporting requirements for initiators of deposit and for pick-up agents that are not initiators of deposit.
10. It makes a number of terminology changes and other technical changes to the law.
The committee has not taken a position on the substance of the bill and by reporting this bill out, the committee is not suggesting and does not intend to suggest that it agrees or disagrees with any aspect of this bill. The committee is reporting the bill out for the sole purpose of obtaining a printed bill that can be referred to the committee for a public hearing and subsequent committee action in the normal course.