An Act To Fund Municipal Collection of Household Hazardous Waste
Maine Legislature, Session 121, LD 1549
Committee: Natural Resources

Legislative Document 
No. 1549 
H.P. 1135 
House of Representatives, April 10,2003 
An Act To Fund Municipal Collection of Household Hazardous 
Waste 
Reported by Representative KOFFMAN of Bar Harbor for the Joint Standing Committee 
on Natural Resources pursuant to Resolve 2001, chapter 93. 
Reference to the Committee on Natural Resources suggested and ordered printed under 
Joint Rule 218. 
Printed on recycled paper 
17/~ 
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MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 36 MRSA c. 721 is enacted to read: 
CHAPTER 721 
HOUSEHOLD BAZARDOUS WASTE MARAGEMEliT FEE 
§4871. 
Definitions 
As 
used 
in this 
chapter, 
unless 
the 
context 
otherwise 
indicates, the following terms have the following meanings. 
1. 
Architectural coating. 
"Architectural coating" means a 
coating manufactured and recommended for field application to 
stationary structures and their appurtenances. 
"Architectural 
coating" 
includes 
all 
coatings 
formulated 
for 
normal 
environmental 
conditions 
and 
sold 
at 
retail 
for 
on-site 
application at ambient temperatures to the interior and exterior 
surfaces of residentiaL commerciaL institutional or industrial 
buildings 
and 
structures. 
"Architectural 
coating" 
does 
not 
include: 
A. 
Product coatings recommended by the manufacturer SOlely 
for 
shop 
application 
or 
solely 
for 
application 
to 
nonstationary equipment or products 
such as 
automobiles, 
airplanes, boats, appliances and other consumer goods; 
B. 
Industrial maintenance coatings as defined under 40 Code 
of Federal Regulations, 59.401 (2002); or 
C. 
Special-purpose coatings, including, but not limited to, 
coatings formulated and recommended for auto refinishing, 
bridge maintenance and traffic lane marking. 
2. 
Coating. 
"Coating" means a liquid or mastic composition 
applied onto or impregnated into a 
substrate for protective, 
decorative or functional purposes. "Coating" includes, but is not 
limited 
to, 
interior 
and 
exterior 
house 
paints, 
stains, 
varnishes, lacquers, sealers, primers and undercoaters. 
3. 
Distributor 
or 
wholesal.er. 
"Distributor" 
or 
"wholesaler" means 
a 
person who 
engages 
in the business of 
selling or distributing architectural coatings or general use 
pesticides for the purpose of resale. 
4. 
General use pesticide. 
"General use pesticide" has the 
same meaning as in Title 22, section 1471-C, subsection II-B. 
Page l-LR2053(I) 
5. 
Retailer. 
"Retailer" means a person who engages in the 
business 
of 
selling 
architectural 
coatings 
or 
general 
use 
pesticides to consumers. 
6. 
Shop 
application. 
"Shop 
application" 
means 
the 
application of a coating to a product or a component of a product 
in a factory as part of a manufacturing, production or repairing 
process. 
7. 
Unit. 
"Unit" means an individual container of pesticide 
of any size distributed, or to be distributed, to retailers for 
purchase by a consumer. 
Units may include, but are not limited 
to, such containers as bags, boxes, bottles and cans. 
§4872. 
Fee on architectural coatings 
1. 
Fee imposed. 
A fee of 20¢ per gallon is imposed on the 
retail 
sale 
of 
architectural 
coatings 
in 
this 
State. 
Architectural coatings in containers of less than one-gallon 
capacity are exempt from this fee. 
2. 
Advertising of pa~nt gy retailer. 
It is unlawful for 
any retailer to advertise or hold out or state to the public or 
to any consumer, directly or indirectly, that the fee imposed by 
this section will be assumed or absorbed by the retailer or that 
it will not be added or included in the selling price of the 
coating or that, if added or included, 
the fee or any part 
thereof will be refunded. 
3. 
Distributor responsibility. 
Upon request by a retailer 
of 
architectural 
coatings 
doing 
business 
in this 
State, 
a 
distributor shall provide 
a 
quarterly, 
semiannual 
or 
annual 
report 
identifying 
the 
number 
of 
gallons 
of 
architectural 
coatings sold to the retailer in containers of one gallon or more. 
§4873. 
Fee on general use pesticides 
A 
fee 
of 
20¢ is 
imposed on 
each unit of general 
use 
pesticide distributed within this State for retail sale. 
This 
fee is imposed at the distributor level. 
Pesticide products 
exempt from licensure requirements pursuant to Title 22, section 
7l-W, subsection 5 are exempt from the fee imposed by this 
section. 
§4874. 
Administration 
1. 
Deposit of revenue. 
The fees imposed by this chapter 
are administered as provided under chapter 7 and Part 3 and must 
be considered as imposed under Part 3. 
The revenue derived from 
the fees imposed by this chapter must be deposited in the Maine 
Solid Waste Management Fund established under Title 38, section 
2201, 
from which the General Fund must be reimbursed for the 
administrative costs of the fees as certified by the bureau. 
2. 
Transfer of revenue. 
Revenues derived from the fees 
imposed by this chapter may be transferred from the Maine Solid 
Waste Management Fund in accordance with the following: 
A. 
At least 90% of the revenues must be made available as 
state 
cost 
share 
to 
municipalities 
by 
the 
Executive 
Department, State Planning Office as authorized under Title 
38. section 2133, subsection 2-B: 
B. 
Up 
to 
S% 
of the revenues may be transferred to the 
Department 
of 
Environmental 
Protection or 
the 
Executive 
Department, State Planning Office to develop and carry out 
education 
and 
outreach 
activities 
related 
to 
proper 
management of household hazardous waste: and 
C. 
Up 
to 
S% of the revenues may be transferred to the 
Department of Agricultural, Food and Rural Resources. Board 
of 
Pesticides 
Control 
to 
support 
achievement 
of 
the 
pesticide use minimization goal of Title 22, section 1471-X. 
Sec. 2. Application. 
This 
architectural 
coatings 
and 
pesticide products for retail 
after January 1, 2004. 
Act applies to retail purchases of 
to 
distribution 
of 
general 
use 
sale occurring in this State on or 
SUMMARY 
Under current law, a disposal ban on mercury products from 
household sources becomes effective in January 200S. 
In order to 
expand 
current efforts 
of municipalities 
and 
regional 
waste 
associations to establish household hazardous waste collection 
programs, 
this 
bill 
generates 
revenue 
for 
the 
purpose 
of 
providing state cost share support for the operational costs 
incurred 
by 
municipalities 
in 
the 
management 
of 
household 
hazardous waste. 
Revenue is generated by imposing a 20t fee on 
the retail sale of architectural coatings sold in containers of 
one gallon and on each unit of general use pesticide distributed 
for retail sale in this State.