Sec. 4. 38 MRSA §1310-D, first ¶, as amended by PL 1991, c. 759, §1, is further amended to read:

The provisions of this article section govern open-municipal solid waste landfills.

Sec. 5. 38 MRSA §1310-N, sub-§6-D, as amended by PL 1995, c. 642, §9, is further amended to read:

6-D. Solid waste facilities licensed under rules valid on or after May 24, 1989. A solid waste facility license issued under applicable solid waste management rules valid on or after May 24, 1989 remains in effect unless modified, revoked or suspended under section 341-D, subsection 3. These licensees must:

A. Comply with applicable operating rules adopted by the board;

B. Comply with annual facility reporting rules adopted by the board; and

C. Beginning 5 years after the date of issuance of the license, pay an annual facility reporting fee established by the commissioner. The annual fee established in this paragraph must be an amount equal to 20% of the relicensing fee that would have applied to that facility.

Notwithstanding the terms of this subsection, sludge or residual utilization licenses a license issued to a solid waste facility that is not a solid waste landfill may be voluntarily surrendered by the license holder upon department approval.

Sec. 6. 38 MRSA §1319-D, first ¶, as amended by PL 1987, c. 750, §4, is further amended to read:

The Maine Hazardous Waste Fund is established to be used by the department as a nonlapsing, revolving fund for carrying out the department's responsibilities under this subchapter and subchapter III. All fees, penalties, interest and other charges under this subchapter shall must be credited to this fund. This fund shall must be charged with the expenses of the department related to this subchapter and subchapter III, including costs of removal or abatement of discharges and costs of the inspection or

supervision of hazardous waste activities and hazardous waste handlers.

Sec. 7. 38 MRSA §2304-A, sub-§1, ¶C, as enacted by PL 1999, c. 348, §7, is amended to read:

C. Facilities that generate 100 kilograms, or 220 pounds, or more of hazardous waste in a calendar month for more than 3 months of the ship more than 2,640 pounds of hazardous waste in a calendar year.

Sec. 8. 38 MRSA §2311-A, sub-§§1, 2 and 3, as enacted by PL 1999, c. 348, §16, are amended to read:

1. Toxics users. Toxics users shall submit $100 for each extremely hazardous substance reported by the facility under this chapter to the department annually by April 15th October 1st.

2. Toxics releasers. Toxics releasers shall submit $100 for each toxic substance reported by the facility under this chapter to the department annually by July 1st October 1st.

3. Hazardous waste generators. Generators that ship 300 kilograms, or 661 pounds, or more of hazardous waste in a calendar year shall pay the following fees to the department annually by April 15th October 1st: for generators that ship 2,268.0 kilograms, or 5,000 pounds, or more of hazardous waste in a calendar year, the fee is $1,000; for generators that ship between 1,197.5 kilograms and 2,267.5 kilograms, or 2,640 pounds and 4,999 pounds, per calendar year, the fee is $500; and for generators that ship between 300 kilograms and 1,197.0 kilograms, or 661 pounds and 2,639 pounds, per calendar year, the fee is $100. Generators that ship less than 300 kilograms, or 661 pounds, of hazardous waste in a calendar year are not required to pay fees under this section.

SUMMARY

This bill does the following.

1. It changes the date on which the Department of Environmental Protection must publish its annual fee schedule from August 1st to November 1st.

2. It gives the Department of Environmental Protection authority to waive the penalty on late payment of the oil import fees that make up the Ground Water Oil Clean-up Fund.

3. It clarifies the requirements applicable to closure and remediation of municipal landfills.

4. It provides for the voluntary surrender of solid waste facility licenses.

5. It clarifies the permissible uses of the Maine Hazardous Waste Fund.

6. It makes certain administrative changes to Maine's toxics use reduction laws by changing the dates for fees from April and July to October 1st, beginning in 2002, and by creating a flat poundage amount of 2,640 pounds for identifying companies subject to the hazardous waste reporting portion of the law.