| 2. Service fee; ceiling. Except for waste that is exempt in |
| accordance with subsection 4, the department shall assess |
| annually by September 1st each low-level radioactive waste |
| generator a service fee on all low-level radioactive waste |
| generated in this State that is shipped to a low-level |
| radioactive waste disposal facility, stored awaiting disposal at |
| such a facility or stored for any other purpose. The service fee |
| must be based 50% on the volume and 50% on the radioactivity of |
| the waste disposed in a disposal facility in the previous |
| calendar year or placed in storage in the previous calendar year |
| if the State did not have access to a disposal facility for that |
| year, but each generator must be assessed a minimum of $100 |
| annually. Each generator must pay this service fee within 30 |
| days, except that any generator may choose to make quarterly |
| payments instead. Any radioactive waste for which a service fee |
| was assessed and collected under this section can not be |
| reassessed for the purposes of this section. The radiation |
| control program within the Division of Health Engineering shall |
| adopt rules in accordance with the Maine Administrative Procedure |
| Act concerning the calculation of the fee and the exemptions to |
the fee, consistent with this section. The revenue from this |
service fee each year must amount to $135,000 and must be |
credited to the fund established in subsection 1 and used to |
carry out the purposes of this section and of Title 38, section |
1453-A. If the Advisory Commission on Radioactive Waste, as |
established in Title 38, section 1453-A is dissolved, the service |
fee ceiling must be lowered by the amount of the budget of that |
commission. |
