An Act To Stabilize Solid Waste Management Funding
Maine Legislature, Session 125, LD 1278
Committee: Environment and Natural Resources
Sponsors: DUCHESNE, DILL, HAMPER, INNES, JOHNSON
Amends: 38 MRSA §2201, 38 MRSA §2202, 38 MRSA §2203-A

Legislative Document 
No. 1278 
H.P. 937 
House of Representatives, March 23, 2011 
An Act To Stabilize Solid Waste Management Funding 
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative DUCHESNE of Hudson. 
Cosponsored by Representatives: DILL of Old Town, HAMPER of Oxford, INNES of 
Yarmouth, JOHNSON of Greenville. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  38 MRSA §2201, as amended by PL 2005, c. 618, §21, is further amended 
to read: 
§2201.  Maine Solid Waste Management Fund established 
The Maine Solid Waste Management Fund, referred to in this section as the "fund," is 
established as a nonlapsing fund to support programs administered by the State Planning 
Office and the Department of Environmental Protection.   The fund must be segregated 
into 2 3 subsidiary accounts.  The first subsidiary account, called operations, receives all 
fees established and received under article 1.  The 2nd subsidiary account, called 
administration, receives all fees established under this article and under Title 36, chapter 
719, all funds recovered by the department as reimbursement for departmental expenses 
incurred to abate imminent threats to public health, safety and welfare posed by the 
illegal disposal of solid waste and all unclaimed deposits returned to the State under Title 
32, chapter 28. 
Money in the fund not currently needed to meet the obligations of the office first and 
2nd subsidiary accounts must be deposited with the Treasurer of State to the credit of the 
fund and may be invested as provided by law.  Interest on these investments must be 
credited to the fund into the 3rd subsidiary account called reserve. 
Funds related to administration may be expended only in accordance with allocations 
approved by the Legislature for administrative expenses directly related to the office's and 
the department's programs, including actions by the department necessary to abate threats 
to public health, safety and welfare posed by the disposal of solid waste.  Funds related to 
operations may be expended only in accordance with allocations approved by the 
Legislature and solely for the development and operation of publicly owned facilities 
owned or approved by the office and for the repayment of any obligations of the office 
incurred under article 3.  These allocations must be based on estimates of the actual costs 
necessary for the office and the department to administer their programs, to provide 
financial assistance to regional associations and to provide other financial assistance 
necessary to accomplish the purposes of this chapter.  Funds in the reserve may be 
expended only in accordance with allocations approved by the Legislature for acquiring 
additional landfill disposal capacity.  Beginning in the fiscal year ending on June 30, 
1991 and thereafter, the fund must annually transfer to the General Fund an amount 
necessary to reimburse the costs of the Bureau of Revenue Services incurred in the 
administration of Title 36, chapter 719.   Allowable expenditures include "Personal 
Services," "All Other" and "Capital Expenditures" associated with all office activities 
other than those included in the operations account. 
Sec. 2.  38 MRSA §2202, sub-§2, as enacted by PL 1989, c. 585, Pt. A, §7, is 
repealed. 
Sec. 3.  38 MRSA §2203-A, sub-§1, as enacted by PL 1999, c. 385, §7, is 
amended 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, gravel, brick, 
concrete and other aggregate 
$25 per ton
Waste water facility sludge, except as 
otherwise provided in this subsection 
$5 per ton
Waste water facility sludge disposed of at a 
landfill granted a license to expand after 
October 15, 2011 
$6 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, except as 
otherwise provided in this subsection 
$5 per ton
All other special waste disposed of at a 
landfill granted a license to expand after 
October 15, 2011 
$6 per ton
Municipal solid waste ash 
$1 per ton
Front end process residue (FEPR) 
$1 per ton
Construction and demolition debris, except 
as otherwise provided in this subsection 
$4 per ton
Construction and demolition debris 
disposed of at a landfill granted a license to 
expand after October 15, 2011 
$6 per ton
Construction and demolition debris 
processing residue, except as otherwise 
provided in this subsection 
$3 per ton
Sec. 4.  38 MRSA §2203-A, sub-§2, ¶B, as enacted by PL 1999, c. 385, §7, is 
amended to read: 
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 
Sec. 5.  38 MRSA §2203-A, sub-§2, ¶C, as amended by PL 1999, c. 564, §1, is 
further amended to read: 
C.    A municipal or regional association landfill that has accepted 550 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.; and 
Sec. 6.  38 MRSA §2203-A, sub-§2, ¶D is enacted to read: 
D.  A fee may not be imposed under this section on construction and demolition 
debris or construction and demolition debris processing residue disposed of at a 
municipal or regional association landfill or a landfill described in section 1303-C, 
subsection 6, paragraph E. 
SUMMARY 
This bill creates a 3rd subsidiary account in the Maine Solid Waste Management 
Fund for the purpose of purchasing additional landfill disposal capacity.  The bill imposes 
fees on the disposal of construction and demolition debris and construction and 
demolition debris processing residue and imposes higher fees on certain wastes that are 
disposed of at a landfill granted a license to expand after October 15, 2011.  The bill also 
provides that a disposal fee may not be imposed on construction and demolition debris 
and construction and demolition debris processing residue that is disposed of at a 
municipal, regional association or generator-owned landfill. 
Construction and demolition debris 
processing residue disposed of at a landfill 
granted a license to expand after October 
15, 2011 
$5 per ton