§ 38 §2203-A — Waste handling fees

1.
Fees.
Unless otherwise provided by rule adopted in accordance with subsection 3, fees are imposed in the following amounts to be levied for solid waste that is disposed of at commercial, municipal, state-owned and regional association landfills.
2.
Exceptions.
Notwithstanding subsection 1:
2-A.
Maine Redevelopment Land Bank Authority fee.
Beginning January 1, 2023, in addition to the per ton fee required in subsection 1, commercial, municipal, state-owned and regional association landfills shall collect and pay to the department a $3 per ton fee for the disposal of construction and demolition debris and residue from the processing of construction and demolition debris and, notwithstanding section 2202, this fee must be deposited in the Maine Redevelopment Land Bank Fund established by Title 30‑A, section 5156.
3.
Rules.
The department may adopt rules imposing per ton or per cubic yard fees on any of the types of waste listed in subsection 1 disposed of at a commercial, municipal, regional association or state-owned solid waste landfill. The department may adopt rules imposing per ton fees on any municipal solid waste disposed of or received for processing at a commercial, municipal, regional association or state-owned solid waste disposal facility, solid waste processing facility, incineration facility or solid waste landfill. Fees imposed pursuant to this subsection must be consistent with the solid waste management hierarchy established under section 2101 and the food recovery hierarchy established under section 2101‑B. Rules adopted pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A.

Legislative History

PL 1999, c. 385, §7 (NEW). PL 1999, c. 564, §1 (AMD). PL 2011, c. 544, §3 (AMD). PL 2015, c. 461, §§8, 9 (AMD). PL 2021, c. 230, §§1, 2 (AMD). PL 2021, c. 653, §1 (AMD). PL 2021, c. 664, §6 (AMD).