§ 38 §1319-I — Fees

1.
Fees for actions taken on the site of generation.
Any person in the State who generates more than 1,000 kilograms of hazardous waste in any calendar month shall pay a fee as follows:
2.
Fees for action taken off site of generation.
Any person who transports hazardous waste in the State shall pay a fee as follows:
2-A.
Fees for noncompliance with reduction requirements.
3.
Fee for transportation into Maine from out of state.
If hazardous waste or waste oil is transported into Maine from out of state, the person who first transports the hazardous waste or waste oil into Maine shall pay the fee indicated by the schedules outlined in subsection 2 for hazardous waste or subsection 4‑A for waste oil.
4.
Fee for failure to treat or dispose of hazardous waste within 90 days from arrival.
Any person who owns or operates a hazardous waste treatment or disposal facility and who does not treat or dispose of the hazardous waste within 90 days from the date the hazardous waste arrives at the hazardous waste facility shall pay a fee according to the fee schedule in subsections 1 and 2.
4-A.
Fee on waste oil sale or disposal.
A fee of 2¢ a gallon on each gallon of waste oil transported, collected or stored must be paid by the waste oil handler or transporter that first transports, collects or stores that waste oil. A waste oil handler and transporter shall maintain records sufficient to determine whether the handler or transporter is liable for any and all fees imposed pursuant to this subsection and shall submit such records to the commissioner as required by rule of the board.
4-B.
Fee on hazardous materials transported by railroad.
Any person who transports more than 25 tons of certain hazardous materials as specified in this subsection at any one time by rail shall register annually with the commissioner. Fees for the transportation of hazardous materials by rail are imposed on the registrant who first transports the materials in the State by rail. Fees for the transportation of hazardous materials are determined by one of the following methods:
5.
Time of payment of fees.
Fees required by this section shall be paid according to time schedules established by the commissioner, but not more frequently than quarterly.
6.
Penalty for late payment of fee.
In addition to any other liability or penalty imposed by law, any person liable for any fee imposed by this section shall pay 3 times the appropriate fee if the fee has not been paid to the Maine Hazardous Waste Fund within 6 months after the fee becomes due.
7.
Fees reduced when fund reaches limit.
8.
Limit on fees.
No person may be required to pay, for any calendar year, more than $15,000 in fees under subsection 1.
9.
Hazardous waste subject to fees.
No hazardous waste may be subject to the fees established in this section unless the waste is identified under section 1319‑O, subsection 1, provided that waste identified under section 1319‑O, subsection 1, paragraph B, shall not be subject to the fees until 90 days after the next regular session of the Legislature.
10.
Sunset on certain fees.
11.
Waiver.
The commissioner may waive payment of fees under this section if the commissioner finds the amount involved is too small in relation to the cost of collection.

Legislative History

PL 1981, c. 478, §7 (NEW). PL 1983, c. 342, §§9-11 (AMD). PL 1983, c. 432, §9 (AMD). PL 1983, c. 467, §2 (AMD). PL 1987, c. 491, §25 (AMD). PL 1987, c. 517, §27 (AMD). PL 1987, c. 750, §§5,6 (AMD). PL 1987, c. 787, §19 (AMD). PL 1989, c. 419 (AMD). PL 1989, c. 890, §§A40,B259, 260 (AMD). PL 1989, c. 929, §6 (AMD). PL 1991, c. 520, §5 (AMD). PL 1995, c. 642, §12 (AMD). PL 1997, c. 258, §1 (AMD). PL 2001, c. 626, §19 (AMD). PL 2005, c. 549, §§1-5 (AMD). PL 2009, c. 579, Pt. B, §11 (AMD). PL 2009, c. 579, Pt. B, §13 (AFF). RR 2015, c. 2, §29 (COR). PL 2021, c. 186, §§11, 12 (AMD).