An Act To Protect Public Health and the Environment by Providing for a System of Shared Responsibility for the Safe Collection and Recycling of Electronic Waste
Maine Legislature, Session 121, LD 1892
Committee: Natural Resources
Amends: 38 MRSA §1609

12lst MAINE LEGISLATURE 
Legislative Document 
No. 1892 
H.P.1402 
House of Representatives, March 1,2004 
An Act To Protect Public Health and the Environment by Providing 
for a System of Shared Responsibility for the Safe Collection and 
Recycling of Electronic Waste 
Reported by Representative KOFFMAN of Bar Harbor for the Joint Standing Committee 
on Natural Resources pursuant to Public Law 2003, chapter 150, section 3, and Resolve 2003, 
chapter 101, section 3. 
Reference to the Committee on Natural Resources suggested and ordered printed under 
Joint Rule 218. 
Printed on recycled paper 
!iJ~frl.17!~ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 38 MRSA §1609 is enacted to read: 
§1609. 
Electronic waste 
1. 
Findings; 
purpose. 
The 
Legislature 
finds 
that 
the 
establishment of 
a 
system to provide for the collection and 
recycling of electronic devices in this State is consistent with 
its duty to protect the health, 
safety and welfare 
of its 
citizens, enhance and maintain the guality of the environment, 
conserve 
natural 
resources 
and 
prevent air, 
water 
and 
land 
pollution. 
The Legislature further finds that such a system is 
consistent with the overall state solid waste management policy 
including its intent 
to 
pursue 
and 
implement 
an 
integrated 
approach to solid waste management and to aggressively promote 
waste reduction, reuse and recycling as the preferred methods of 
waste management. 
The Legislature finds that the purpose of this section is to 
establish 
a 
comprehensive 
electronics 
recycling 
system 
that 
ensures the safe and environmentally sound handling, recycling 
and disposal of electronic products and components and encourages 
the design of electronic products and components that are less 
toxic and more recyclable. 
The Legislature further finds that it is the purpose of this 
section to establish an electronics recycling system that 
i~ 
convenient 
and minimizes 
cost to 
the 
consumer 
of electronic 
products and components. 
It is the intent of the Legislature 
that manufacturers of electronic products and components will be 
responsible for ensuring proper handling, recycling and disposal 
of 
discarded 
products 
and 
that 
costs 
associated 
with 
cOnsolidation, 
handling and 
recycling be internalized by 
the 
manufacturers of electronic products and components before the 
priint of purchase. 
The 
Legislature 
further 
finds 
that 
the 
manufacturers 
of 
electronic products and components 
should reduce and, 
to the 
extent feasible, 
ultimately 
phase 
out 
the 
use 
of 
hazardous 
materials in these products. 
The 
Legislature 
further 
finds 
that 
a 
system 
of 
shared 
responsibility 
for 
the 
collection 
and 
recycling 
of 
covered 
electronic devices among manufacturers, distributors, retailers, 
consumers and other parties is the most effective and eguitable 
means of achieving the purposes of this section. 
Manufacturers 
of electronic devices and components, in working to achieve the 
goals and objectives of this section, should have the flexibility 
to act in partnership with each other, with state, municipal and 
Page l-LR2752(1) 
regional governments and with businesses that provide collection 
and handling services to develop, implement and promote a safe 
and effective electronics recycling system for the State. 
2. 
Definitions. 
As 
used 
in this 
section, 
unless 
the 
context 
otherwise 
indicates, 
the 
following 
terms 
have 
the 
following meanings. 
A. 
"Computer monitor" means 
a 
cathode ray tube or flat 
panel display primarily intended to display information from 
a central processing unit or the Internet. 
B. 
"Consolidation 
facility" 
means 
a 
facility 
where 
electronic wastes are consolidated and temporarily stored 
while 
awaiting 
shipment 
to 
a 
recycling, 
treatment 
or 
disposal 
facility. 
"Consolidation 
facility" 
includes 
a 
transport 
vehicle 
owned 
or 
leased 
by 
a 
recycling 
and 
dismantling facility with a minimum 40-foot trailer used to 
collect covered electronic devices at municipal collection 
sites in this State. 
C. 
"Covered electronic device" means 
a 
computer central 
processing unit. 
a 
cathode ray tube, 
a 
cathode ray tube 
device, a flat panel display or similar video display device 
with 
a 
screen that is greater 
than 
inches 
measured 
diagonally and that contains one or more circuit boards. 
"Covered electronic device" does not include an automobile 
or a large piece of commercial or industrial eguipment, such 
as commercial medical eguipment, that contains a cathode ray 
tube, 
a cathode ray tube device, 
a flat panel display or 
similar video display device that is contained within, and 
is not separate from, the larger piece of eguipment. 
D. 
"Manufacturer" 
means 
a 
person 
who 
manufactures 
and 
sells, 
by 
any 
means, 
including, 
but 
not 
limited 
to, 
transactions conducted through sales outlets, catalogs or 
the Internet, 
a 
covered electronic device under its own 
brand or sells a covered electronic device produced by other 
suppliers under its own brand and label. 
E. 
"Municipal collection site" means 
a municipally owned 
solid waste transfer station or recycling center, including 
facilities 
owned by 
a 
consortium of municipalities or 
a 
facility that is under 
contract with 
a 
municipality or 
consortium 
of 
municipalities 
to 
provide 
solid 
waste 
management services. 
F. 
"Office" means the Executive Department. State Planning 
Office. 
G. 
"Orphan 
waste 
computer 
monitor" 
means 
a 
covered 
electronic device, 
the manufacturer of which can not be 
identified. 
H. 
"Recycling" 
means 
the use of materials contained in 
previously manufactured goods as feedstock for new products, 
but not for energy recovery or energy generation by means of 
combustion. 
I. 
"Recycling and dismantling facility" means a business 
that processes covered electronic devices 
for 
reuse 
and 
recycling. 
J. 
"Retailer" means a person who sells a covered electronic 
device in the State to a consumer. 
"Retailer" includes, but 
is not limited to, a manufacturer of a covered electronic 
device who sells directly to a consumer through any means, 
including, 
but 
not 
limited 
to, 
transactions 
conducted 
through sales outlets. catalogs or the Internet. 
or any 
similar 
electronic 
means. 
but 
not 
including 
wholesale 
transactions with a distributor or other retailer. 
K. 
"Television" means 
a 
cathode ray tube or flat panel 
display primarily intended to receive video programming via 
broadcast, cable or satellite transmission. 
3. 
Sales 
prohibition. 
Beginning 
January 
I. 
2006, 
a 
manufacturer not in compliance with this section is prohibited 
from offering 
a 
covered electronic device 
for 
sale in this 
State. 
A manufacturer not in compliance with this section shall 
provide 
the 
necessary 
support 
to 
retailers 
to 
ensure 
the 
manufacturer's covered electronic devices are not offered for 
sale in this State. 
4. 
Manufacturer label required. 
Beginning January I. 2005. 
a manufacturer may not offer for sale in this State a covered 
electronic device 
unless 
a 
visible, 
permanent 
label 
clearly 
identifying the manufacturer of that device is affixed to it. 
5. 
Responsibility 
for 
recycling. 
Municipalities. 
consolidation 
facilities, 
manufacturers 
and 
the 
State 
share 
responsibility for the disposal of covered electronic devices as 
provided in this subsection. 
A. 
Each municipality shall ensure that computer monitors 
and televisions generated as waste from households wi thin 
that 
municipality's 
jurisdiction 
are 
delivered 
to 
a 
consolidation facility in this State. 
A municipality may 
meet 
this 
requirement 
through 
collection 
at 
and 
transportation from a local or regional solid waste transfer 
station 
or 
recycling 
facility, 
by 
contracting 
with 
a 
disposal 
facility 
to 
accept 
waste 
directly 
from 
the 
municipality's residents or through curbside pickup or other 
convenient 
collection 
and 
transportation 
system. 
A 
municipality 
may 
not 
charge 
residents 
a 
fee 
for 
the 
collection of computer monitors and televisions generated as 
waste from households. 
B. 
A consolidation facility is subject to the requirements 
of this paragraph. 
(1) 
Beginning 
January 
1, 
2006, 
a 
consolidation 
facility shall identify the manufacturer of each waste 
computer 
monitor 
delivered 
to 
the 
facility 
and 
identified as generated by a household in this State 
and shall maintain an accounting of the number of waste 
household computer monitors by manufacturer. 
(2) 
Beginning 
January 
1, 
2012, 
a 
consolidation 
facility shall identify the manufacturer of each waste 
television delivered to the facility and identified as 
generated 
by 
a 
household 
in this 
State 
and 
shall 
maintain an accounting of the number of waste household 
televisions by manufacturer. 
(3) 
A 
consolidation 
facility 
may 
perform 
the 
manufacturer identification required by subparagraphs 
(1) 
and 
(2) 
at 
the 
consolidation 
facility 
or 
may 
contract for this identification and accounting service 
with the recycling and dismantling facility to which 
the waste is shipped. 
(4) 
A consolidation facility shall work cooperatively 
with 
manufacturers 
to 
ensure 
implementation 
of 
a 
practical and feasible financing system. 
At a minimum, 
a 
consolidation 
facility 
shall 
invoice 
the 
manufacturers 
and 
the 
State 
for 
the 
handling, 
transportation and recycling costs for which they are 
respectively responsible under the provisions of this 
paragraph. 
(5) 
A consolidation facility shall transport waste 
computer monitors and waste televisions to a recycling 
and 
dismantling 
facility 
that 
provides 
a 
sworn 
certification pursuant to paragraph C. 
A consolidation 
facility shall maintain for a minimum of 3 years a copy 
of the 
sworn certification from 
each recycling 
and 
dismantling facility that receives covered electronic 
devices 
from 
the 
consolidation 
facility 
and 
shall 
provide the department with a 
copy of these records 
within 24 hours of reguest by the department. 
C. 
A recycling and dismantling facility shall provide to a 
consolidation 
facility 
a 
sworn 
certification 
that 
its 
handling, processing, refurbishment and recycling of covered 
electronic 
devices 
meet 
environmentally 
sound 
management 
guidelines published by the department. 
D. 
A 
computer 
monitor 
manufacturer 
is 
subject 
to 
the 
reguirements of this paragraph. 
(1) 
Beginning January 1, 
2006, 
a 
computer monitor 
manufacturer is individually responsible for handling 
and 
recycling 
computer 
monitors 
produced 
by 
that 
manufacturer, 
or 
by 
any 
business 
for 
which 
the 
manufacturer has assumed legal responsibility, that are 
generated as waste from households in this State and 
received at a consolidation facility in this State. 
At 
a 
m~n~mum, a 
manufacturer shall pay the operational 
costs of the consolidation facility attributable to the 
handling 
of 
the 
manufacturer's 
computer 
monitors 
generated 
as 
waste 
by 
households 
in 
this 
State, 
transportation costs from the consolidation facility to 
a 
recycling 
and 
dismantling 
facility 
licensed 
in 
accordance with all applicable federal, state and local 
laws and the costs of recycling. 
(2) 
Beginning 
January 
1, 
2012, 
computer 
monitor 
manufacturers are collectively responsible for handling 
and recycling all computer monitors, including orphan 
waste 
computer 
monitors, 
generated 
as 
waste 
by 
households 
in this State 
received at consolidation 
facilities in this State. 
The manufacturers shall pay 
the operational costs of the consolidation facility 
attributable to the handling of all computer monitors 
generated 
as 
waste 
by 
households 
in 
this 
State, 
transportation costs from the consolidation facility to 
a licensed recycling and dismantling facility and the 
costs of recycling. 
(3) 
A 
computer 
monitor 
manufacturer 
shall 
work 
cooperatively with consolidation facilities to ensure 
implementation of 
a practical and feasible financing 
system. 
Within 90 days of receipt of an invoice, 
a 
manufacturer shall reimburse a consolidation facility 
for 
allowable 
costs 
incurred 
by 
that consolidation 
facility. 
E. 
Beginning January 1, 2012, television manufacturers are 
collectively responsible for the handling and recycling of 
all televisions generated as waste by households in this 
State received at consolidation facilities in this State. 
Television manufacturers shall pay the operational costs of 
the consolidation facility attributable to the handling of 
all televisions generated as waste by households in this 
State, transportation costs from the consolidation facility 
to 
a 
recycling 
and 
dismantling 
facility 
licensed 
in 
accordance with all applicable federal, state and local laws 
and the costs of recycling. 
The manufacturers shall work 
cooperatively 
with 
consolidation 
facilities 
to 
ensure 
implementation of a practical and feasible financing system. 
Within 90 days of receipt of an invoice, 
a manufacturer 
shall reimburse a consolidation facility for allowable costs 
incurred by that consolidation facility. 
F. 
Beginning January 1, 2006 and ending December 31, 2011, 
the State is responsible 
for 
the cost of handling and 
recycling orphan waste 
computer 
monitors 
generated 
from 
households 
in this 
State 
and 
received at consolidation 
facilities 
in 
this 
State. 
The 
State 
shall 
pay 
the 
operational costs of a consolidation facility attributable 
to 
the 
handling 
of 
the 
orphan waste 
computer 
monitors 
generated 
by 
households, 
transportation 
costs 
from 
the 
consolidation 
facility 
to 
a 
recycling 
and 
dismantling 
facility licensed in accordance with all applicable federal, 
state and local laws and the costs of recycling. 
6. 
Manufacturer 
plan 
and 
reporting 
requirements. 
A 
manufacturer shall develop a plan and submit a report as reguired 
in this subsection. 
A. 
A manufacturer shall develop a plan for the collection 
and recycling or reuse of computer monitors and televisions 
as follows. 
(1) 
By January 1, 
2011, 
a manufacturer of computer 
monitors 
and 
a 
manufacturer 
of 
televisions 
shall 
develop and submit to the department a plan for the 
collection and recycling or reuse of computer monitors 
and 
televisions 
produced 
by 
the 
manufacturer 
and 
generated as waste by households in this State. 
(2) 
By January 1, 
2012, 
a manufacturer of computer 
moni tors 
and 
a 
manufacturer 
of 
televisions 
shall 
implement and finance the implementation of a plan for 
the 
collection 
and 
recycling or 
reuse 
of 
computer 
monitors and televisions produced by the manufacturer 
and generated as waste by households in this State. 
(3) 
Notwithstanding 
subparagraphs 
(1) 
and 
(2), 
a 
manufacturer may satisfy the plan requirements of this 
paragraph by agreeing to participate in a collective 
recovery plan with other manufacturers. 
The collective 
recovery 
plan 
must 
meet 
the 
same 
standards 
and 
requirements 
of 
the 
plans 
submitted 
by 
individual 
manufacturers. 
( 4) 
The 
plan 
developed 
by 
the 
manufacturer 
must 
include, at a minimum: 
(a) 
A 
description 
of 
the 
collection 
system, 
including the methods of convenient collection; 
(b) 
A public education element 
to 
inform the 
Qublic 
about 
the 
collection 
system, 
including 
details about meeting all consumer notification 
and labeling requirements; 
(c) 
Details for 
i~~menting and financing the 
handling 
of 
computer 
monitors 
and 
televisions 
produced 
by 
the 
manufacturer 
and 
orphan 
waste 
computer monitors that are generated as waste by 
households in this State received by consoligatiQll 
facili ties 
in 
this 
State 
for 
the 
recovery, 
recycling and reuse of that equipment; 
( d) 
Details 
consolidation 
and recycling 
televisions; 
for 
the 
method 
of 
reimbursing 
facilities for the costs of handling 
the household computer monitors and 
(e) 
Docume~tation of 
the 
willingness 
of 
all 
necessary parties to implement the plan, including 
the 
parties 
that 
will 
participate 
in 
the 
consolidation, 
treatment, 
recovery, 
reuse 
and 
recycling of the computer monitors and televisions; 
(f) 
Assurances that the plan and all necessary 
parties will operate in compliance with local, 
state and federal waste management laws, rules and 
regulations L 
(g) 
Descriptions of the performance measures that 
will be used and reported by the manufacturer to 
report recovery and recycling rates for computer 
moni tors and televisions at the end of life of 
those computer monitors and televisions; 
(h) 
Descriptions 
of 
additional 
or 
alternative 
actions that will be taken to improve recovery and 
recycling rates, if needed: and 
( i) 
Annual sales data on the number and type of 
covered 
electronic 
devices 
sold 
by 
the 
manufacturer 
in this 
State 
over 
the 
years 
preceding the filing of the plan for televisions 
and 5 years preceding the filing of the plan for 
computer monitors. 
(5) 
A 
manufacturer 
is 
responsible 
for 
all 
costs 
associated with the development and implementation of 
the plan. 
If the costs are passed on to consumers, the 
costs must be imposed at the time of purchase and not 
with a fee imposed at the end of life of the computer 
monitor or television. 
B. 
Beginning 
July 
1, 
2007 
for 
computer 
monitor 
manufacturers, July 1, 2013 for manufacturers of all other 
covered 
electronic 
devices, 
and 
annually 
thereafter, 
a 
manufacturer that offers 
a 
covered electronic device for 
sale in this State shall submit a report to the department 
that 
includes 
the 
following: 
a 
description 
of 
the 
collection, consolidation and recycling services utilized to 
recover 
the 
manufacturer's 
products: 
substantiated 
estimates, 
on an annual basis for the preceding calendar 
year, 
on 
the 
quantities 
of 
covered 
electronic 
devices 
marketed in this State and collected for recovery in this 
State: the capture rate for electronics based on sales in 
this State; substantiated estimates of the percentage of 
collected materials that are reused and recycled from their 
products; 
the 
identification 
of 
end 
markets 
for 
the 
collected 
waste; 
and 
any 
systems 
implemented 
by 
the 
manufacturer to ensure environmentally sound management of 
its products. The manufacturer may indicate which, if any, 
portions of the report it considers proprietary and, if the 
department concurs that the information meets state legal 
requirements 
for 
confidentiality, 
those 
sections 
of 
the 
report may not be made public. 
7. 
Advanced recovery fee. Beginning January 1. 
2005, 
an 
advanced recovery fee, referred to in this section as "the fee, " 
is 
imposed 
upon each initial sale within the State of each 
television to a consumer by a retailer. A retailer who sells a 
television to a 
consumer shall collect a 
fee of 
$6 
for each 
television sold. 
The retailer may retain 
3% 
of the 
fee 
as 
reimbursement for costs associated with the fee collection. 
At 
least quarterly, the retailer shall remit the fees collected to 
the Department of Administrative and Financial Services, Bureau 
of 
Revenue 
Services 
for 
deposit into 
a 
within the 
Maine 
Solid Waste 
Management 
section 
2201. 
The 
fee 
sunsets 
January 
Legislature extends the fee. 
dedicated 
subaccount 
Fund 
established in 
1, 
2012 
unless 
the 
By July It 2007 t 
the office shall evaluate whether the amount of 
the fee is appropriate to cover eligible expenses incurred by 
consolidation facilities and municipalities. 
The office, after a 
public hearing, may increase or decrease the fee as necessary to 
pay eligible expenses, but the fee may not exceed $10. 
8. 
Fund 
manag~nt. 
The 
fee 
collected 
pursuant 
to 
subsection 7 must be deposited into a 
d~dicated subaccount within 
the Mgine SQlid Waste 
Management 
Fund. 
The 
revenues 
in the 
su~account must be distributed as follows. 
A. 
The office shall reimburse consolidation facilities for 
expenses incurred prior to January L 
2012 that consist of 
the 
operational 
costs 
of 
the 
consolidatiQn 
facility 
attributable 
to 
the 
handling 
of 
household-generated 
televisiQns 
and 
o£Rhan 
waste 
computer 
monitors~ 
transportation costs for these units from the consolidation 
facility to a recycling and dismantling facility licensed in 
accordance with all applicable federal, state and local laws 
and 
the 
cost 
of 
recycling 
these 
units. 
Consolidation 
facilities are eligible for reimbursement provided they are 
in cQmpliance with subsection 5, paragraph B. 
B. 
The office shall reimburse municipalities for expenses 
incurred 
prior 
to 
January 
1, 
2012 
related 
to 
the 
transportation of computer monitors and televisions from a 
municipal collection site to a consolidation facility in the 
State that the municipality can document exceed the current 
cost of transportation and disposal of an equivalent tonnage 
of that municipality's municipal solid waste. 
C. 
The office shall reimburse the department for expenses 
it incurs 
from activities related to enforcement of the 
provisions of this section. 
D. 
The office shall inform municipalities and consolidation 
facilities about the provisions of this subsection. 
E. 
Any funds remaining in the dedicated subaccount wi thin 
the Maine Solid Waste Management Fund after payment of all 
eligible 
costs 
incurred 
prior 
to 
January 
L 
2012 
by 
consolidation facilities and municipalities must be used to 
support 
municipal 
recycling 
programs 
unless 
otherwise 
directed by the Legislature. 
9. 
Enforcement. 
The department must enforce this section 
in accordance with the provisions of sections 347-A and 349. 
10. 
Reports to Legislature. 
The department shall submit a 
report on the recycling of electronic waste in the State to the 
joint standing committee of the Legislature having jurisdiction 
over natural resources matters by January 15, 2008 and every 2 
years thereafter until January 15, 2014. 
The report must include 
an evaluation of the recycling rates in the State for covered 
electronic devices, an explanation of any adjustments made to or 
recommended 
for 
the 
advanced 
recovery 
fee 
established 
under 
subsection 7, a discussion of compliance and enforcement related 
to the reg:uirements of this section and recommendations for any 
changes to the system of collection and recycling of electronic 
devices in the State. 
11. 
State procurement. 
All vendors of electronic devices 
to the State shall provide take-back and management services for 
their products at the end of life of those products and must be 
in compliance with all the reg:uirements of this section. 
Vendors 
shall 
provide 
assurances 
that 
all 
take-back 
and 
management 
services 
will 
operate 
in 
compliance 
with 
all 
applicable 
environmental 
laws. 
Purchasing preference will 
be 
given 
to 
electronic devices that incorporate design for the preservation 
of the environment. 
Sec. 2. Management guidelines. 
By 
December 
31, 
2004, 
the 
Department 
of 
Environmental 
Protection 
shall 
publish 
environmentally sound management guidelines 
for 
the handling, 
processing, 
refurbishment 
and 
recycling of covered electronic 
devices required by the Maine Revised Statutes, Title 38, section 
1609, subsection 5, paragraph B, subparagraph (5). 
SUMMARY 
This bill establishes a system to provide for the collection 
and recycling of electronic devices in the State as recommended 
by the Department of Environmental Protection pursuant to Public 
Law 2003, chapter 150. 
Under the 
monitors 
and 
within 
their 
facility. 
bill, municipalities must ensure that computer 
televisions 
generated 
as 
waste 
from 
households 
jurisdiction 
are 
delivered 
to 
a 
consolidation 
Beginning in 2006, consolidation 
identify the manufacturer of computer 
facility 
and 
to 
transport 
those 
dismantling 
facilities. 
Beginning 
facilities are required to 
monitors delivered to the 
items 
to 
recycling 
and 
in 
2012, 
consolidation 
facilities 
are 
required 
to 
identify 
the 
televisions delivered to the facility and to 
items to recycling and dismantling facilities. 
manufacturer 
of 
transport those 
Beginning in 2006, 
computer manufacturers are responsible 
for the handling and recycling of computer monitors that are 
received 
at 
consolidation 
facilities 
and 
must 
pay 
for 
the 
operational costs of the consolidation facility attributable to 
the handling of computer monitors. 
Beginning in 2012, television 
manufacturers are responsible for the handling and recycling of 
all televisions that are received at consolidation facilities and 
must pay for the operational costs of the consolidation facility 
attributable to the handling of televisions. 
Beginning in 2006 and ending on December 31, 2011, the State 
is responsible for the cost of handling and recycling orphan 
waste 
computer 
monitors 
that 
are 
received 
at 
consolidation 
facili ties and the State must pay for the operational costs of 
the consolidation facility attributable to the handling of orphan 
waste 
computer 
monitors, 
costs 
for 
transportation 
from 
the 
consolidation facility to a licensed recycling and dismantling 
facility and the cost of recycling. 
The bill requires manufacturers of computer monitors 
and 
televisions to submit plans for the collection and recycling of 
computer monitors and televisions. 
It also establishes reporting 
requirements for manufacturers. 
The bill sets a fee on the retail sale of televisions of $6 
for each unit sold. 
Collection of the fee starts January 1, 2005 
and ends January 1, 2012. 
The fee is deposited into the Maine 
Solid Waste Management Fund to reimburse: 
1. 
Consolidation facilities 
January 1, 2012 for operational 
from the facilities to recycling 
the costs of recycling; 
for expenses incurred prior to 
costs, costs of transportation 
and dismantling facilities and 
2. 
Municipalities for expenses incurred prior to January 1, 
2012 related to transportation from a municipal collection site 
to a consolidation facility, if the cost exceeds the current cost 
of transportation and disposal of an equivalent tonnage of that 
municipality's municipal solid waste; and 
3. 
The Department of Environmental Protection for expenses 
it incurs for enforcement.