H.P. 1204 - L.D. 1714
An Act to Clarify and Improve the State's Solid Waste Management Laws
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 38 MRSA §352, sub-§5-A, in that part designated "TABLE I" in that part relating to "TITLE 38, SECTION 1304" is amended to read:
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
3. Bioash 300 275
4. Wood ash 300 75
5. Food waste 300 75
6. Other residuals 300 175
C. Landfill
1. Closing plans for 1,500 1,500
nonmunicipal secure
landfills
2. Closing plans for 500 500
municipal attenuation
landfills
3. Variance requests 175 175
for attenuation land-
fills Post-closure
report
4. Preliminary 175 175
information reports
5. License transfers 500 175
6. Special waste
disposal
a. One-time 50 50
disposal of
quantities of
6 cubic yards or
less
b. One-time 100 100
disposal of
quantities greater
than 6 cubic yards
c. Program
approval 300 300
for routine
disposal
of a special waste
7. Minor revision for 600 100
secure land fills
8. Minor revision for 100 100
attenuation landfills
9. Public benefit 175 175
determination
D. Incineration facility
1. Fuel substitution 1,575 1,500
activities
2. License transfer 175 175
E. License transfer other 100 100
than for landfills and
incinerators
F. Minor revision for septage 100 100
facilities and solid
waste facilities other than
landfills
G. Permit by rule for 100 100
one-time activities
Sec. 2. 38 MRSA §352, sub-§5-A, in that part designated "TABLE II" is amended to read:
TABLE II
WASTE MANAGEMENT FEES - ANNUAL LICENSE
MAXIMUM FEES IN DOLLARS
ANNUAL
TITLE 38 PROCESSING LICENSE
SECTION FEE FEE
1304, Waste management
A. Septage disposal
1. Landspreading $150 $550 $250
2. Storage 50 75
B. Sludge Residuals compost
facility
1. Type I 150 150
2. Type IA 150 150
3. Type II and Type III 175 700 500
less than 3,500
cubic yards
4. Type III 175 750
5. Municipal solid 175 1,400 850
waste Type II and
Type III 3,500 cubic
yards or greater
C. Land application of
sludges and residuals
1. Sites with program
approval
a. Industrial sludge 150 250
b. Municipal sludge 75 200
c. Bioash 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
c. Bioash 150 250
d. Wood ash 75 200
e. Food waste 75 200
f. Other 75 200
1310-N, Solid waste facility
siting
A. Landfill
1. New or expanded for 3,500 1,000
the acceptance of
municipal Existing,
nonsecure municipal solid
waste landfills accepting
waste from
fewer than 15,000
people
2. New or expanded for 3,500 3,500
the acceptance of
municipal Existing,
nonsecure municipal solid
waste landfills accepting
waste from
more than 15,000
people
3. New or expanded for 5,000 8,500
the acceptance of
special waste secure landfill
4. Wood waste or 1,000 1,700
demolition debris
landfills, or both, if
greater than 6 acres
5. Wood Nonsecure wood 175 700 750
waste or demolition debris
landfills, or both,
if less than or equal to
6 acres
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 750 175
and storage facility
D. Tire disposal or 400 450
storage facility, or both
E. Recycling facility 350 200
F. Processing facility 700 700
other than municipal solid
waste composting
G. Other utilization Beneficial use
activities other than agronomic
utilization
1. Special waste 175 350
2. Other 75 350
3. Fuel substitution 700 500
4. Beneficial use without 700 200
risk assessment
5. Beneficial use with 1,400 500
risk assessment
H. Permit by rule for ongoing 100 100
activities
Sec. 3. 38 MRSA §1304, sub-§1-A, ¶¶A and C, as enacted by PL 1987, c. 517, §9, are amended to read:
A. Licensing categories of transporters of solid waste septage, used motor vehicle tires and construction or demolition debris, conveyances used for the transportation of solid waste septage, used motor vehicle tires and construction or demolition debris and the operators of these conveyances as the board finds necessary to effect sound waste management;
C. A manifest system for categories of solid waste which shall that must provide a means to account for solid waste septage, used motor vehicle tires and construction or demolition debris handled, transported and disposed of in the State; and
Sec. 4. 38 MRSA §2133, sub-§2-A, as amended by PL 1997, c. 672, §4, is further amended to read:
2-A. Technical and financial assistance program. A program of technical and financial assistance for waste reduction and recycling is established in the office to assist municipalities with managing solid waste. The office may also provide planning assistance to municipalities and regional organizations for managing municipal solid waste. Planning assistance may include cost and capacity analysis and education and outreach activities. The director shall administer the program in accordance with the waste management hierarchy in section 2101. Preference in allocating resources under this section must be given to municipalities that take advantage of regional economies of scale. Preference may also be given to municipalities that provide a municipal trash collection service as defined in Title 12, section 9324, subsection 7 or that prohibit residential out-of-door burning of highly combustible trash.
Sec. 5. 38 MRSA §2133, sub-§2-C is enacted to read:
2-C. Business technical assistance program. The office may, as resources allow, assist the business community to develop state programs and services that are designed to promote the solid waste hierarchy and that are desired by and financially supported by the business community. The office shall coordinate these efforts in conjunction with the department.
Sec. 6. 38 MRSA §2203, as amended by PL 1995, c. 465, Pt. A, §74 and affected by Pt. C, §2, is repealed.
Sec. 7. 38 MRSA §2203-A is enacted to read:
1. Fees. Fees are imposed in the following amounts to be levied for solid waste that is disposed of at commercial, municipal and regional association landfills.
Asbestos $5 per cubic yard
Oil-contaminated soil, $25 per ton
gravel, brick, concrete
and other aggregate
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
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 4,000 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.
Sec. 8. 38 MRSA §2204, as amended by PL 1995, c. 656, Pt. A, §64, is further amended to read:
§2204. Municipal solid waste disposal surcharge
The department shall impose the following fees a fee of $2 per ton on any municipal solid waste disposed of at a commercial, municipal or regional association landfill, except that there is no fee on municipal solid waste generated by a municipality that owns the landfill accepting it or that has entered into a contract with a term longer than 9 months for disposal of municipal solid waste in that landfill facility.
1. Landfill surcharge. A disposal surcharge of $4 per ton is assessed on any municipal solid waste disposed of by landfilling at a commercial landfill facility.
3. Imported municipal solid waste. To support those regulatory and administrative costs associated with imported municipal solid wastes, an administrative fee of $4 per ton, or the maximum fee on out-of-state waste authorized by federal law, whichever is greater, is assessed on any municipal solid waste originating outside the State and delivered to a commercial solid waste disposal facility or solid waste disposal facility owned by the office or a regional association for disposal.
Sec. 9. 38 MRSA §2205, sub-§2, ¶C, as amended by PL 1995, c. 465, Pt. A, §77 and affected by Pt. C, §2, is further amended to read:
C. The letter transmitting the payment that is received by the department is postmarked by the United States Postal Service on or prior to the final day on which the payment is to be received, unless an alternative date is agreed upon in writing by the operator and the department.
Effective September 18, 1999, unless otherwise indicated.
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