CHAPTER 338
S.P. 507 - L.D. 1515
An Act To Promote and Monitor Competition in the Solid Waste Industry
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 38 MRSA §2112 is enacted to read:
§2112. Small container contract restrictions
1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Small container" means a 2- to 10-cubic-yard container or dumpster.
B. "Small containerized solid waste hauling service" means providing solid waste hauling service to customers by providing the customer with a small container or dumpster that is picked up and emptied mechanically using a front-loading or rear-loading truck. "Small containerized solid waste hauling service" does not include hand pickup service or service using a compactor that is attached to or part of a small container.
C. "Solid waste hauling service" means the collection, removal and transportation to a solid waste transfer station or disposal site of trash and garbage. As used in this paragraph, trash and garbage do not include construction and demolition debris, medical waste, hazardous waste, organic waste, special waste such as contaminated soil or sludge or recyclable materials.
2. Contracts. Contracts for the provision of small containerized solid waste hauling service to customers located in this State are governed by the following provisions.
A. If a contract under this subsection contains an automatic renewal provision, the contractor shall notify the customer by mail between 60 and 90 days prior to the contract termination date that if the customer does not, within 60 days of receipt of the contractor's notification, notify the contractor of the customer's intention to terminate the contract, the contract will be automatically renewed. Notice of termination by the customer may be by any reasonable method, including mail, electronically transmitted facsimile and e-mail. A contract may not contain terms that require a customer to provide notice of termination prior to the time frames provided for in this paragraph.
B. The financial charge for early termination of a contract under this subsection may not exceed 3 times the current monthly charge.
C. A contract under this subsection may not require the customer to inform a contractor concerning prices or other terms offered by competitors or require the customer to afford the contractor an opportunity to match or respond to a competitor's offer.
This subsection does not apply to contracts in force on the effective date of this subsection.
Sec. 2. 38 MRSA §2124-A, as enacted by PL 1995, c. 588, §4, is amended by adding at the end a new paragraph to read:
The report must include an analysis of how changes in available disposal capacity have affected or are likely to affect disposal prices. When the office determines that a decline in available landfill capacity has generated or has the potential to generate supracompetitive prices, it shall include this finding in its report and shall include recommendations for legislative or regulatory changes as necessary.
Effective September 13, 2003, unless otherwise indicated.
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