An Act To Update Maine's Solid Waste Management Laws
Maine Legislature, Session 127, LD 1578
Committee: Environment and Natural Resources
Sponsors: SAVIELLO, CAMPBELL, BREEN, DUCHESNE, WELSH
Amends: 38 MRSA §1611, 38 MRSA §2132, 38 MRSA §2145, 38 MRSA §2201, 38 MRSA §2201-B, 38 MRSA §2202, 38 MRSA §2203-A, 38 MRSA §2204, 38 MRSA §2205

Legislative Document 
No. 1578 
S.P. 626 
In Senate, January 28, 2016 
An Act To Update Maine's Solid Waste Management Laws 
(AFTER DEADLINE) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205. 
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed. 
HEATHER J.R. PRIEST 
Secretary of the Senate 
Presented by Senator SAVIELLO of Franklin. 
Cosponsored by Representative CAMPBELL of Orrington and 
Senator: BREEN of Cumberland, Representatives: DUCHESNE of Hudson, WELSH of 
Rockport. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  38 MRSA §1611 is enacted to read: 
§1611.  Stewardship program for small batteries 
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A.  "Approved product" means: 
(1)  A covered battery or a covered battery-containing product for which its 
producer, individually or through a covered battery stewardship organization, has 
submitted a covered battery stewardship plan approved by the commissioner and 
the plan has been implemented to collect and recycle covered batteries or covered 
battery-containing products in accordance with the plan; or 
(2)  A covered battery-containing product that has been listed in accordance with 
subsection 8 as the product of a participant in a covered battery stewardship 
program. 
B.  "Brand" means a trademark, including both a registered and an unregistered 
trademark, a logo, a name, a symbol, a word, an identifier or a traceable mark that 
identifies a covered battery or covered battery-containing product and identifies as 
the producer of the battery or product the owner or licensee of the brand. 
C.  "Covered battery" means a new or unused primary battery or a small rechargeable 
battery. 
D.  "Covered battery-containing product" means a new or unused primary battery-
containing product or a rechargeable battery-containing product. 
E.  "Covered battery stewardship organization" or "organization" means an 
organization appointed by more than one producer to design, submit a plan for, 
implement and administer a covered battery stewardship program in accordance with 
this section and that has accepted that appointment. 
F.  "Covered battery stewardship plan" or "plan" means a plan submitted to the 
commissioner in accordance with subsection 3 by a producer or a covered battery 
stewardship organization. 
G.  "Covered battery stewardship program" or "program" means a system 
implemented for the collection, transportation, recycling and disposal of covered 
batteries in accordance with a covered battery stewardship plan approved under 
subsection 4. 
H.  "Discarded covered battery" means a covered battery that a user discarded, 
abandoned or sent for recycling or intended to discard, abandon or send for recycling. 
I.  "Operator" means a producer or covered battery stewardship organization that 
implements and administers a covered battery stewardship program. 
J.  "Participant" means a producer that establishes or participates in a covered battery 
stewardship program individually or by appointing and having that appointment 
accepted by a covered battery stewardship organization to operate the program on the 
producer's behalf. 
K.  "Primary battery" means a nonrechargeable battery that weighs 2 kilograms or 
less, including, but not limited to, nonrechargeable alkaline, carbon-zinc and lithium 
metal batteries. 
L.  "Primary battery-containing product" means a product that contains or is 
packaged with a primary battery.  "Primary battery-containing product" does not 
include: 
(1)  A product from which a primary battery is not easily removed or is not 
intended or designed to be removed from the product other than by the 
manufacturer; or 
(2)  A medical device, as described in the Federal Food, Drug and Cosmetic Act, 
United States Code, Section 360(c) (2012), if, when the device or battery 
within the device is discarded, it must be treated as biomedical waste or if 
changing the supplier of the battery contained in the medical device would 
change the registration status of the device with the United States Food and Drug 
Administration pursuant to the Federal Food, Drug and Cosmetic Act, 21 United 
States Code, Section 360 (2012). 
M.  "Producer" means, with respect to a covered battery or covered battery-
containing product that is sold, offered for sale or distributed for sale in the State, the 
following: 
(1)  The person that manufactures the covered battery or covered battery-
containing product and sells or offers for sale in the State that battery or product 
under the person's own brand; 
(2)  If there is no person to which subparagraph (1) applies, the owner or licensee 
of a brand under which the covered battery or covered battery-containing product 
is sold or distributed in the State; or 
(3)  If there is no person to which subparagraph (1) or (2) applies, a person, 
including, but not limited to, a wholesaler or retailer, that imports the covered 
battery or covered battery-containing product into the United States for sale or 
distribution in the State. 
N.  "Rechargeable battery-containing product" means a product that contains or is 
packaged with a small rechargeable battery.  "Rechargeable battery-containing 
product" does not include: 
(1)  A product from which a rechargeable battery is not easily removed or is not 
intended or designed to be removed from the product other than by the 
manufacturer; or 
(2)  A medical device, as described in the Federal Food, Drug and Cosmetic Act, 
United States Code, Section 360c (2012), if, when the device or battery within 
the device is discarded, it must be treated as biomedical waste. 
O.  "Recycling" means any process through which a discarded covered battery or its 
components or by-products is transformed from its original identity or form into new 
usable or marketable material.  "Recycling" does not include the incineration of a 
discarded covered battery or its components or by-products for energy recovery. 
P.  "Retailer" means a person that sells or offers a covered battery or covered battery-
containing product for retail sale, as defined in Title 36, section 1752, subsection 11, 
in the State, including through a remote offering for sale, such as a sales outlet or 
sales catalog or via the Internet. 
Q.  "Small rechargeable battery" means a battery that contains one or more voltaic or 
galvanic cells, electrically connected to produce electric energy, that weighs less than 
kilograms and that is designed to be recharged and to provide less than 40 volts 
direct current.  "Small rechargeable battery" does not include: 
(1)  A battery that is not easily removed or is not intended or designed to be 
removed from a covered battery-containing product other than by the 
manufacturer; 
(2)  A battery that contains electrolyte as a free liquid; or 
(3)  A battery or battery pack that employs lead-acid technology, unless the 
battery or battery pack is sealed, contains no liquid electrolyte and is intended by 
its manufacturer to power a handheld device or to provide uninterrupted backup 
electrical power protection for stationary consumer covered battery-containing 
products or stationary office equipment. 
R.  "Wholesaler" means a person that offers for sale or sells in the State a covered 
battery or covered battery-containing product in a sale that is not a retail sale, as 
defined in Title 36, section 1752, subsection 11, with the intention that the battery or 
product be resold in a subsequent retail sale. 
2.  Product labeling.  By January 1, 2017, a producer that sells, offers for sale or 
distributes for sale in the State a covered battery, either as a replacement battery or 
packaged with or contained in a covered battery-containing product, shall, to the extent 
feasible, ensure that the covered battery is labeled in a manner identifying the chemistry 
employed in storing energy in the battery to facilitate sorting of discarded batteries by 
recyclers. 
3.  Submission of plan.  No later than 6 months after the effective date of this 
section, except as specified in subsection 6 or 9, each producer of a covered battery or 
covered battery-containing product, individually or through a covered battery stewardship 
organization that has agreed to act on the producer's behalf, shall submit a plan for the 
establishment of a covered battery stewardship program to the commissioner for 
approval.  The plan must include, at a minimum and where applicable: 
A.  If the plan is submitted by an organization, a list of the producers participating in 
the organization and a list of each producer's brands of covered batteries and covered 
battery-containing products; 
B.  A description of the outreach procedures that will be used to provide notice of the 
program to businesses, local agencies, retailers, wholesalers and waste transportation 
services; 
C.  A description of the methods that will be used to responsibly manage discarded 
covered batteries to ensure that the components of the discarded batteries, to the 
extent economically and technically feasible, are recycled or otherwise responsibly 
managed; 
D.  A description of the manner by which the program will use covered battery 
collection points that are established through other battery collection programs; 
E.  A description of educational activities planned by the producer or organization; 
F.  If the plan is submitted by an organization or by a producer that does not operate 
physical retail locations in the State, a description of how the program will provide 
convenient, free statewide collection opportunities for discarded batteries; and 
G.  If the plan is submitted by an organization, a description of the financing method 
through which implementation of the plan will be funded.  The financing method 
must: 
(1)  Allocate to producers of primary batteries and primary battery-containing 
products costs that are directly attributable to the recycling of primary batteries, 
such as reclamation costs; 
(2)  Allocate to producers of small rechargeable batteries and rechargeable 
battery-containing products costs that are directly attributable to the recycling of 
rechargeable batteries, such as reclamation costs; and 
(3)  Allocate all other costs on the basis of the weights of types of batteries 
collected or some other nondiscriminatory basis acceptable to participating 
producers of primary batteries, small rechargeable batteries, primary battery-
containing products and rechargeable battery-containing products. 
4.  Approval of plan.  The commissioner shall review a plan submitted under 
subsection 3 and make a determination of whether to approve the plan within 90 days of 
receipt of the plan.  In conducting a review of a submitted plan, the commissioner may 
consult with producers, associations representing producers, covered battery stewardship 
organizations, retailers and recyclers. 
A.  If the commissioner determines that a submitted plan fails to meet all applicable 
requirements of subsection 3, the commissioner shall provide to the producer or 
organization that submitted the plan a written notice of determination describing the 
reasons for rejecting the plan.  No later than 45 days after receiving a written notice 
of determination from the commissioner rejecting a submitted plan, the producer or 
organization may amend the plan and resubmit the plan to the commissioner for 
reconsideration.  The commissioner shall review an amended plan, make a 
determination of whether to approve the amended plan and provide a written notice 
of determination notifying the producer or organization of the commisioner's decision 
within 45 days of receipt of the amended plan.  A producer or organization whose 
amended plan is rejected by the commissioner may appeal the commissioner's 
decision in accordance with section 346. 
B.  If the commissioner approves a submitted plan, the commissioner shall provide to 
the producer or organization that submitted the plan a written notice of determination 
of the plan's approval.  No later than 30 days after receiving a written notice of 
determination from the commissioner approving a submitted plan, the producer or 
organization shall make the approved plan available on its publicly accessible 
website, but is not required to make available any information contained in the 
approved plan protected under the Uniform Trade Secrets Act. 
C.  No later than 45 days after the commissioner's approval of a submitted plan, the 
department shall make available on its publicly accessible website a list of 
participants in and brands of covered batteries and covered battery-containing 
products included under the approved plan or provide instructions on how to obtain 
such information as provided by the producer or organization that submitted the 
approved plan. 
5.  Implementation of plan.  A producer or organization that submitted a plan 
approved by the commissioner under subsection 4 shall implement the plan no later than 
the first day of the next calendar quarter after the date the plan is approved by the 
commissioner, except that if the period of time between the date the plan is approved and 
the first day of the next calendar quarter is less than 60 days, the producer or organization 
shall implement the plan within 60 days after the date the plan is approved. 
6.  Amendment of plan and termination of program.  This subsection governs 
amendment of a plan approved under subsection 4 and termination of a program 
established under an approved plan. 
A.  An approved plan under subsection 4 may be amended at the discretion of the 
producer or organization that submitted the plan without approval from the 
commissioner if the proposed amendments do not significantly alter the likelihood 
that the plan will result in the successful collection and recycling of discarded 
batteries.  If proposed amendments to an approved plan would significantly alter the 
likelihood that the plan will result in the successful collection and recycling of 
discarded batteries, including, but not limited to, amendments eliminating a 
substantial number of retail collection locations, adding or deleting battery 
chemistries to be collected, addressing threats to the financial viability of the 
organization or addressing disruption in transportation or service affecting the ability 
of the producer or organization or any service providers to collect or process covered 
batteries or covered battery-containing products, the producer or organization shall 
submit to the commissioner a revised plan describing the proposed amendments.  The 
commissioner shall review the revised plan and make a determination of whether to 
approve the proposed amendments within 90 days of receipt of the revised plan.  If 
the commissioner determines that the revised plan fails to meet all applicable 
requirements of subsection 3, the commissioner shall provide to the producer or 
organization a written notice of determination describing the reasons for rejecting the 
revised plan.  No later than 45 days after receiving a written notice of determination 
from the commissioner rejecting a revised plan, the producer or organization may 
amend and resubmit the revised plan to the commissioner for reconsideration. The 
commissioner shall review an amended revised plan, make a determination of 
whether to approve the amended revised plan and provide a written notice of 
determination notifying the producer or organization of the commissioner's decision 
within 45 days of receipt of the amended revised plan.  The commissioner may not 
reject an amended revised plan submitted for reconsideration without providing the 
producer or organization with notice and opportunity for a hearing.  A producer or 
organization whose amended revised plan is rejected by the commissioner may 
appeal the commissioner's decision in accordance with section 346. 
B.  A producer or organization that submitted a plan approved under subsection 4 
may terminate the program implementing that plan no earlier than 90 days after 
providing notice to the commissioner and to program participants of the program's 
termination.  Prior to the termination of a program, each producer included in the 
program shall, individually or through a covered battery stewardship organization 
that has agreed to act on the producer's behalf, submit a plan for the establishment of 
a covered battery stewardship program to the commissioner for approval consistent 
with subsection 3 or join an existing organization. 
C.  A plan approved under subsection 4 remains in effect until a revised plan is 
adopted in accordance with paragraph A or the program implementing that plan is 
terminated in accordance with paragraph B by the producer or organization that 
submitted the plan. 
7.  Sales prohibition.  This subsection governs the sale of covered batteries and 
covered battery-containing products in the State. 
A.  Beginning July 1, 2017, a manufacturer, distributor, wholesaler or retailer may 
not sell, offer for sale, distribute for sale or offer for promotional purposes in the 
State a covered battery or covered battery-containing product unless the producer of 
the battery or product has joined an existing covered battery stewardship organization 
or submitted a plan for the establishment of a covered battery stewardship program 
that has been approved by the commissioner. 
B.  Notwithstanding paragraph A, a manufacturer, distributor, wholesaler or retailer 
may continue to sell, distribute for sale, offer for sale or offer for promotional 
purposes in the State a covered battery or covered battery-containing product 
manufactured prior to July 1, 2017, but shall: 
(1)  By October 1, 2017, sell or otherwise divest or dispose of its remaining stock 
of covered batteries manufactured prior to July 1, 2017 by a producer that has not 
joined an existing covered battery stewardship organization or submitted a plan 
for the establishment of a covered battery stewardship program that has been 
approved by the commissioner; and 
(2)  By October 1, 2018, sell or otherwise divest or dispose of its remaining stock 
of covered battery-containing products manufactured prior to July 1, 2017 by a 
producer that has not joined an existing covered battery stewardship organization 
or submitted a plan for the establishment of a covered battery stewardship 
program that has been approved by the commissioner. 
C.  Notwithstanding paragraphs A and B, a manufacturer, distributor, wholesaler or 
retailer of medical devices, as described in the Federal Food, Drug and Cosmetic Act, 
United States Code, Section 360c (2012), may continue to sell its existing 
inventory of medical devices containing batteries not included in a plan approved 
under subsection 4 until July 1, 2027, except that new medical devices entering a 
manufacturer's, distributor's, wholesaler's or retailer's inventory on or after July 1, 
2017 must be included in an approved plan no later than July 1, 2022. 
D.  Notwithstanding paragraphs A and B, a hospital or other health care provider may 
continue to sell or otherwise exhaust its existing inventory of medical devices 
containing batteries not included in a plan approved under subsection 4 until July 1, 
2027, except that new medical devices entering the hospital's or health care provider's 
inventory on or after July 1, 2017 must be included in an approved plan no later than 
July 1, 2022. 
8.  Producer exclusions.  Notwithstanding subsection 1, paragraph M, a person that 
manufactures, sells, offers for sale or imports for sale in the State a primary battery-
containing product is not considered a producer under this section if, no later than 45 days 
after receiving a request from the commissioner or an operator, the person verifies to the 
commissioner or the operator that the product contains only primary batteries supplied by 
a producer participating in a covered battery stewardship program in the State.  An 
operator of a covered battery stewardship program that includes the primary battery 
contained in the person's primary battery-containing product shall list the person as a 
participant in and the product as covered under the operator's program. 
9.  New producers.  A producer who seeks to sell, offer for sale or distribute for 
promotional purposes in the State a covered battery or covered battery-containing product 
not sold or offered for sale in the State prior to July 1, 2017 must notify the commissioner 
prior to the sale, offer for sale or distribution of the covered battery or covered battery-
containing product in the State. 
A.  Upon receiving notification under this subsection from a new producer, the 
commissioner shall list the producer as a new producer on the department's publicly 
accessible website. 
B.  No later than 90 days following a new producer's notification to the 
commissioner, the producer shall submit a plan to the commissioner in accordance 
with subsection 3 or join an existing organization operating under a plan approved 
under subsection 4. 
C.  If a new producer fails to submit a plan or join an existing organization within the 
90-day period under paragraph B, the producer may not sell a covered battery or 
covered battery-containing product in the State after the expiration of the 90-day 
period and a retailer may not sell that producer's battery or product in the State after 
days following the expiration of the 90-day period. 
D.  Notwithstanding paragraph C, if a new producer submits a plan within the 90-day 
period under paragraph B and that plan is ultimately rejected by the commissioner 
under subsection 4 after the expiration of the 90-day period, the producer may not sell 
the covered battery or covered battery-containing product in the State after 45 days 
following the commissioner's final determination rejecting the submitted plan and a 
retailer may not sell the producer's battery or product in the State after 120 days 
following the commissioner's final determination rejecting the submitted plan. 
A new producer that fails to submit a plan that is approved by the commissioner under 
subsection 4 or to join an existing organization within the time limits described in this 
subsection may not sell, offer for sale or distribute for promotional purposes a covered 
battery or covered battery-containing product not sold or offered for sale in the State prior 
to July 1, 2017 until the producer submits a plan for approval consistent with subsection 3 
that is subsequently approved by the commissioner or joins an existing organization. 
10.  Return of noncompliant products.  If a plan approved under subsection 4 is 
subsequently determined by the commissioner not to be in compliance with this section, a 
producer who sells, offers for sale or distributes for sale in the State a covered battery or 
covered battery-containing product included in that plan shall, upon request by a retailer, 
designate a location to which the retailer may ship the battery or product for further 
handling and shall reimburse the retailer for costs incurred in shipping the battery or 
product to the designated location. 
11.  Safe collection.  A retailer, wholesaler, bulk collector, organization or curbside 
program operator that collects covered batteries or covered battery-containing products in 
the State, has a physical presence in the State and is operating under or in cooperation 
with a covered battery stewardship program shall ensure that all discarded covered 
batteries and covered battery-containing products placed in its collection containers are 
protected from short-circuiting in accordance with applicable regulations of the federal 
Department of Transportation, 49 Code of Federal Regulations, Subtitle B (2015) and 
other applicable laws or regulations and take reasonable steps to prevent the placement of 
materials other than properly protected discarded covered batteries and covered battery-
containing products into its collection containers. 
12.  Costs of participation.  A retailer or wholesaler may not require a producer or 
covered battery stewardship organization to reimburse the retailer or wholesaler for costs 
associated with its participation in a covered battery stewardship program. 
13.  Reporting.  On or before May 1st of each year, beginning 2 years after the date a 
covered battery stewardship plan is approved by the commissioner, the producer or 
organization administering the program implementing the approved plan shall submit to 
the commissioner a report describing activities carried out by the program pursuant to the 
plan during the previous calendar year.  The report must include, at a minimum, the 
following information: 
A.  The weight of covered batteries collected by the program in the previous calendar 
year; 
B.  The location of and contact information for each collection point established 
under the program; 
C.  A description of the manner in which collected covered batteries and covered 
battery-containing products were sorted, consolidated and processed by the program; 
D.  A description of the educational materials developed and used by the program, 
including examples of such materials; and 
E.  If the report is filed by a covered battery stewardship organization, a summary 
financial statement documenting the financing of the program consistent with the 
requirements of subsection 3, paragraph G.  If an organization operates a similar 
program in another state, the organization may meet the requirements of this 
paragraph by submitting a summary financial statement that consolidates information 
for all states in which it operates covered battery stewardship programs without 
providing financial information specific to its program in this State. 
14.  Administration and enforcement.  The department shall enforce this section 
and may adopt rules consistent with this section as necessary for the purpose of 
implementing, administering and enforcing this section.  Rules adopted pursuant to this 
subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
A.  The commissioner may not initiate an enforcement action under this section 
against a manufacturer, distributor, wholesaler or retailer: 
(1)  Concerning the sale of covered batteries or covered battery-containing 
products that are not approved products if the sale occurred prior to October 1, 
2017; 
(2)  Concerning the sale of covered batteries manufactured prior to the effective 
date of this section if the sale occurred prior to October 1, 2017; or 
(3)  Concerning the sale of covered battery-containing products manufactured 
prior to the effective date of this section if the sale occurred prior to October 1, 
2018. 
B.  The commissioner may not initiate an enforcement action under this section 
against a manufacturer, distributor, wholesaler or retailer: 
(1)  For selling or offering for sale a covered battery or covered battery-
containing product if that entity, within 90 days of discovering that the battery or 
product is not in compliance with this section, removes the battery or product 
from sale; or 
(2)  For purchasing a covered battery or covered battery-containing product after 
the effective date of this section that is verified to be an approved product at the 
time of purchase but that is no longer an approved product at the time it is sold by 
that entity. 
15.  Limited private right of action by authorized organization.  An authorized 
organization may maintain a civil action in Superior Court against a noncompliant 
producer to recover damages and additional sums and costs as set forth in this subsection. 
A.  As used in this subsection, unless the context otherwise indicates, the following 
terms have the following meanings. 
(1)  "Allocated share" means: 
(a)  In the case of a noncompliant producer, a plaintiff's choice of either the 
percentage of batteries by weight identified in data of sufficient reliability 
that are employed by a compliant producer to estimate market shares in the 
normal course of business or the percentage of discarded batteries by weight 
for which a defendant is identifiable as the producer, as identified through a 
plaintiff's one-time sort of no less than 500 pounds of discarded covered 
batteries randomly collected in the State by the plaintiff; or 
(b)  In the case of an alternatively complying producer, the percentage of 
discarded batteries by weight identified as the responsibility of the producer 
in data generated from a set of qualifying discarded battery sorts. 
(2)  "Alternatively complying producer" means a producer participating in a 
program not operated by an authorized organization during the time an 
authorized organization incurred damages recoverable under this subsection. 
(3)  "Authorized organization" means a covered battery stewardship organization 
established under the law of any state or territory of the United States that 
authorizes establishment of nonprofit entities or recognized by the United States 
Internal Revenue Service as exempt from taxation under Section 501 of the 
United States Internal Revenue Code, as amended, that, pursuant to a plan 
approved under subsection 4, spent more than $250,000 collecting and recycling 
covered batteries discarded in the State in the previous calendar year. 
(4)  "Data generated from a set of qualifying discarded battery sorts" means the 
total data collected by a plaintiff from sorting 500 pounds of covered batteries 
collected at each of 3 or more collection sites in the State reasonably believed by 
the plaintiff to be representative of the population of the State.  These sorts may 
be undertaken at any time after a plan is approved by the commissioner under 
subsection 4, but must all be collected within a 5-year period.  Data generated 
from these sorts must include the brands of collected batteries, the weight of each 
brand collected and the percentage shares of the total collected weight 
attributable to each identifiable brand and to all batteries not identifiable by 
brand. 
(5)  "Estimated total weight of batteries sold in the State" means an estimate of 
the total weight of batteries sold in the State as individual units or as components 
or packaged with covered battery-containing products, using methods of 
sufficient reliability that are employed by a producer to estimate market shares in 
the normal course of business. 
(6)  "Noncompliant producer" means a producer not participating in any plan 
approved by the commissioner in accordance with subsection 4 during the time 
an authorized organization incurred damages recoverable under this subsection. 
(7)  "Program sort goal" means the sum of discarded covered batteries by weight 
identified as the responsibility of all producers participating in an authorized 
organization in data generated from a set of qualifying discarded battery sorts, 
multiplied by 10% during the first 3 years this section is in effect, by 15% in the 
next 3 years and by 20% in the 6th and subsequent years this section is in effect. 
(8)  "Unaccounted-for amount" means the costs incurred by a plaintiff multiplied 
by the percentage of batteries by weight collected through the plaintiff's one-time 
sort of no less than 500 pounds of randomly collected discarded covered batteries 
for which a producer cannot be identified. 
B.  Except as provided in paragraph C, damages recoverable under this subsection are 
an amount equal to the total sum of a defendant's allocated share multiplied by a 
plaintiff's total costs of collecting and recycling discarded covered batteries in the 
State during the time period of noncompliance alleged plus a defendant's allocated 
share of the unaccounted-for amount for the same time period.  Except as provided in 
paragraph C, if a plaintiff prevails in an action brought pursuant to this subsection, 
the plaintiff is entitled to an award of reasonable attorney's fees and court costs, 
including expert witness fees, as well as a punitive sum of 3 times the damages 
award. 
C.  An authorized organization that collected in the previous calendar year a weight 
of discarded covered batteries in excess of its program sort goal may maintain a civil 
action in Superior Court against an alternatively complying producer to recover 
damages and additional sums and costs as set in this paragraph.  Damages 
recoverable under this paragraph are an amount equal to the total sum of a 
defendant's allocated share of the excess multiplied by a plaintiff's total costs of 
collecting and recycling covered batteries discarded in the State during the time 
period alleged.  A court may, in the interests of justice, award to a plaintiff who 
prevails in an action brought pursuant to this paragraph reasonable attorney's fees and 
court costs, including expert witness fees. 
D.  An action may not be commenced under this subsection until 60 days after a 
plaintiff provides to all potential defendants a written notice of the claim setting forth 
the amount of the claim and the basis for the calculation of that amount. 
E.  An authorized organization may initiate a single civil action in Superior Court 
against one or more producers. 
16.  Preemption.  The State intends to occupy and preempt the entire field of 
legislation concerning the regulation of the stewardship of covered batteries and covered 
battery-containing products.  Any existing or future order, ordinance, rule or regulation in 
this field of any political subdivision of the State is void. 
17.  Antitrust exclusions.  A producer, a group of producers and a covered battery 
stewardship organization, and an agent, officer, director and employee of such entities, 
preparing, submitting a plan for, implementing or administering a covered battery 
stewardship program in accordance with this section, and a wholesaler and retailer that 
engages in conduct authorized by this section, are granted immunity, individually and 
jointly, from all applicable antitrust laws of the State for the limited purpose of 
establishing, implementing and administering a covered battery stewardship program and 
otherwise complying with the requirements of this section, and any activity undertaken 
by these entities in accordance with and authorized under this section is not an unlawful 
restraint of trade, a conspiracy or other violation of any provision of any applicable 
antitrust law of the State. 
An action taken by a producer, a group of producers or an organization to increase the 
recycling of covered batteries in accordance with this section that affects the types or 
quantities of batteries recycled or the cost and structure of any covered battery 
stewardship program is not a violation of any provision of Title 10, chapter 201, except 
when such action constitutes an agreement establishing or affecting the price of covered 
batteries or the output or production of covered batteries or restricting the geographic area 
in which covered batteries will be sold or the customers to whom covered batteries will 
be sold. 
18.  Repeal.  This section is repealed 9 years after the date on which a covered 
battery stewardship plan is first approved by the commissioner under subsection 4, except 
that an authorized organization, as defined in subsection 15, paragraph A, subparagraph 
(3), may, in accordance with subsection 15, recover after the repeal of this section costs 
incurred prior to the repeal of this section in collecting and recycling covered batteries 
discarded in the State.  The commissioner shall notify the Revisor of Statutes when a 
covered battery stewardship plan is first approved by the commissioner under subsection 
4. 
Sec. 2.  38 MRSA §2132, sub-§1, as amended by PL 2011, c. 655, Pt. GG, §32 
and affected by §70, is further amended to read: 
1.  State recycling goal.  It is the goal of the State to recycle or compost, by January 
1, 2014 2021, 50% of the municipal solid waste tonnage generated each year within the 
State. 
Sec. 3.  38 MRSA §2145 is enacted to read: 
§2145.  Commercial food waste composting requirement 
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A.  "Composting facility" means a solid waste processing facility, as defined in 
section 1303-C, subsection 32-A, where organic materials are processed using a 
method of accelerated biological decomposition of organic material under controlled 
aerobic or anaerobic conditions. 
B.  "Food waste" means food material produced from human or animal food 
production, preparation and consumption activities that consists of, but is not limited 
to, fruits, vegetables and other vegetative material, grains and fish and animal 
products and by-products.  "Food waste" does not include biomedical waste, 
hazardous waste or septage, as defined in section 1303-C, subsections 1-A, 15 and 
27, respectively. 
C.  "Large quantity commercial food waste generator" means a commercial entity 
that generates one ton or more of food waste per week, including, but not limited to, a 
food wholesaler or distributor, a food manufacturer or processor, a restaurant, a 
hospital, a university or other educational institution, a grocery store, a resort or a 
conference center.  
2.  Composting requirement.  Except as provided in this section, beginning January 
1, 2020, a large quantity commercial food waste generator that is located within 20 miles 
of a composting facility with available capacity to accept the food waste produced by the 
generator shall deliver all food waste produced by the generator to a composting facility 
for processing. 
A.  For the purposes of this section, a composting facility located outside of the State 
must be considered in determining whether a large quantity commercial food waste 
generator is located within 20 miles of a composting facility with available capacity. 
B.  A large quantity commercial food waste generator subject to this section may 
elect to deliver the food waste produced by the generator to a composting facility 
with available capacity located more than 20 miles from the generator. 
C.  A large quantity commercial food waste generator is deemed in compliance with 
this section if it performs composting of its generated food waste on site or otherwise 
treats its generated food waste using an on-site organic treatment method approved 
by the department. 
3.  Waiver.  The department may provide a waiver from the requirements of this 
section for a large quantity commercial food waste generator that demonstrates to the 
department's satisfaction that compliance with the requirements of this section would 
result in substantial financial hardship for the generator. 
A.  The department may award a grant or low-interest loan under section 2201-B to a 
large quantity commercial food waste generator to assist the generator in meeting the 
requirements of this section through implementation of a food waste composting 
program.  The department may not approve a waiver under this subsection unless the 
generator seeking the waiver has applied for a grant or low-interest loan under section 
2201-B. 
B.  The department shall adopt rules consistent with subsection 4 setting forth the 
criteria for approval of a waiver under this subsection. 
4.  Rules.  The department shall adopt rules to implement the provisions of this 
section.  Rules adopted pursuant to this subsection are routine technical rules as defined 
in Title 5, chapter 375, subchapter 2-A. 
Sec. 4.  38 MRSA §2201, 3rd ¶, as amended by PL 2011, c. 655, Pt. GG, §64 and 
affected by §70, is further amended to read: 
Funds related to administration may be expended only in accordance with allocations 
approved by the Legislature for administrative expenses directly related to the bureau'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 fees imposed on the disposal of construction and demolition debris and residue 
from the processing of construction and demolition debris may be expended only for the 
state cost share to municipalities under the closure and remediation cost-sharing program 
for solid waste landfills established in section 1310-F.  Funds related to fees imposed 
under section 2204 may be expended only in accordance with the Maine Composting and 
Recycling Grant and Low-interest Loan Program established in section 2201-B.  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 bureau and for the repayment of any obligations of the bureau 
incurred under article 3.  These allocations must be based on estimates of the actual costs 
necessary for the bureau 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.  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 bureau activities 
other than those included in the operations account. 
Sec. 5.  38 MRSA §2201-B is enacted to read: 
§2201-B.  Maine Composting and Recycling Grant and Low-interest Loan Program 
1.  Establishment.  The Maine Composting and Recycling Grant and Low-interest 
Loan Program, referred to in this section as "the program," is established to provide 
grants and low-interest loans to public and private entities to assist in the development, 
implementation or improvement of programs, projects, initiatives and activities designed 
to increase composting and recycling rates within the State. 
2.  Administration.  The department shall administer the program and dispense 
revenue from the Maine Solid Waste Management Fund established under section 2201 
for the purposes of the program based on approved grant and loan requests from public 
and private applicants.  The department may provide grants and loans for the documented 
costs of application proposals in accordance with the priorities in subsection 5.  Costs 
incurred by the department in the development and administration of the program may be 
paid from the revenue dedicated to the program under section 2201, except that the 
department may expend for administrative purposes under this subsection no more than 
25% of annual revenue dispensed to the program under section 2201 in any calendar year. 
3.  Audit.  Revenue from the Maine Solid Waste Management Fund established 
under section 2201 disbursed by the program is subject to audit, and the recipient of any 
such funding must agree to be subject to audit and to cooperate with the auditor as a 
condition of receiving funding. 
4.  Eligibility criteria.  The department may disburse grants and loans under the 
program to any public or private entity demonstrating that a proposed program, project, 
initiative or activity is, in the department's determination, likely to increase composting or 
recycling rates within a particular community, municipality or region or the State, 
including, but not limited to, municipal or regional composting or recycling programs, 
including the establishment of such programs or the purchase of infrastructure, equipment 
or other items necessary to implement such programs or improve existing programs; 
programs designed to provide equipment for or otherwise support residential composting; 
programs or business models designed to collect, transport for processing or process 
compostable or recyclable materials, including the implementation of composting 
programs designed to meet the requirements of section 2145; pilot programs designed to 
evaluate the feasibility of targeted composting, recycling or other waste management 
programs or initiatives; and initiatives or programs designed to educate certain categories 
of individuals or the general public about composting or recycling or to otherwise 
improve individual or community waste management practices. 
5.  Priorities.  The department shall give highest priority in the awarding of funds 
under this section to programs, projects, initiatives or activities proposed by municipal 
applicants that otherwise meet the department's eligibility criteria.  The department shall 
also give priority to applicants proposing programs, projects, initiatives or activities that 
are likely to increase the removal and recycling of organic materials from municipal 
waste streams.  The awarding of funds under this section must be consistent with the solid 
waste management hierarchy established under section 2101. 
6.  Funding requests.  The department shall solicit applications by grant-eligible and 
loan-eligible stakeholders, including, but not limited to, municipalities, licensed 
redemption centers and nonprofit and for-profit composters and recyclers.  The 
department shall prioritize approval of funding requests under this section to support 
areas where funding will provide the most benefit to the State in terms of increasing 
composting and recycling rates within the State. 
7.  Grants and loans for recycling of construction and demolition debris.  The 
department may award funds under this section to commercial programs, projects, 
initiatives or activities that propose to recycle construction and demolition debris 
generated in the State consistent with the department's eligibility criteria under this 
section.  For the purposes of this subsection, the use of construction and demolition debris 
as fuel in industrial boilers or waste-to-energy facilities for the generation of heat, steam 
or electricity constitutes recycling. 
8.  Repeal.  This section is repealed December 31, 2026. 
9.  Rules.  The department may adopt rules to implement this section.  Rules adopted 
pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, 
subchapter 2-A. 
Sec. 6.  38 MRSA §2202, sub-§3, as enacted by PL 1993, c. 310, Pt. C, §2, is 
amended to read: 
3.  Payment.  A person who delivers solid waste to a solid waste disposal facility, 
solid waste processing facility, incineration facility or solid waste landfill shall pay all 
fees established under this article to the operator of the solid waste disposal facility or 
landfill. 
Sec. 7.  38 MRSA §2203-A, sub-§1, as amended by PL 2011, c. 544, §3, is 
further 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, state-owned 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 
$5 per ton
Ash, coal and oil 
$5 per ton
Sec. 8.  38 MRSA §2204, first ¶, as amended by PL 1999, c. 385, §8, is further 
amended to read: 
The department shall impose a fee of $2 $1 per ton on any municipal solid waste 
disposed of at a commercial, municipal or regional association landfill, except that there 
is no fee on municipal solid waste generated by a municipality that owns the landfill 
accepting it or that has entered into a contract with a term longer than 9 months for 
disposal of municipal solid waste in that landfill facility or received for processing, 
composting or other treatment at a commercial, municipal, regional association or state-
owned solid waste disposal facility, solid waste processing facility, incineration facility or 
solid waste landfill. 
Sec. 9.  38 MRSA §2205, first ¶, as amended by PL 1995, c. 465, Pt. A, §77 and 
affected by Pt. C, §2, is further amended to read: 
Each operator of a solid waste disposal facility, solid waste processing facility, 
incineration facility or solid waste landfill that has collected a fee under this article shall 
make the fee payment quarterly.  The fee must be paid to the department on or before the 
20th day of April, July, October and January for the 3 months ending the last day of 
March, June, September and December. 
Sec. 10.  38 MRSA §2205, sub-§§1 and 8, as amended by PL 1995, c. 465, Pt. 
A, §77 and affected by Pt. C, §2, are further amended to read: 
Paper mill sludge 
$5 per ton
Industrial waste 
$5 per ton
Sandblast grit 
$5 per ton
All other special waste 
$5 per ton
Municipal solid waste ash  
$1 per ton 
Front end process residue (FEPR)  
$1 per ton 
Beginning January 1, 2013 and ending 
December 31, 2013, construction and 
demolition debris and residue from the 
processing of construction and demolition 
debris 
$1 per ton
Beginning January 1, 2014, construction 
and demolition debris and residue from the 
processing of construction and demolition 
debris 
$2 per ton
1.  Quarterly reports.  Each fee payment must be accompanied by a form prepared 
and furnished by the department and completed by the operator.  The form must state the 
total weight or volume of solid waste disposed of or received at the facility or landfill 
during the payment period and provide any other aggregate information determined 
necessary by the department to carry out the purposes of this chapter.  The form must be 
signed by the operator. 
8.  Assessment notice.  If the department determines that any operator has not made 
a timely payment of the fee, the department shall send the operator a written notice of the 
amount of the deficiency, within 30 days of determining the deficiency.  When the 
operator has not provided a complete and accurate statement of the weight or volume of 
waste received at the facility or landfill for the payment period, the department may 
estimate the weight or volume in the notice. 
The operator charged with the deficiency has 30 days to pay the deficiency in full or, if 
the operator wishes to contest the deficiency, forward the amount of the deficiency to the 
department for placement in an escrow account with the Treasurer of State or any bank in 
the State, or post an appeal bond in the amount of the deficiency.  The bond must be 
executed by a surety licensed to do business in the State and be satisfactory to the 
department.  Failure to forward the money or appeal bond to the department within 30 
days results in a waiver of all legal rights to contest the deficiency. 
If, through the administrative or judicial review of the deficiency, it is determined that the 
amount of deficiency must be reduced, the department shall within 30 days remit the 
appropriate amount to the operator, with any interest accumulated by the escrow deposit. 
The amount determined after administrative hearing or after waiver of administrative 
hearing is payable to the department and is collectible. 
If any amount due under this subsection remains unpaid 30 days after receipt of notice of 
the deficiency, the department may order the operator of the facility or landfill to cease 
receiving any solid waste until the amount of the deficiency is completely paid.  
Sec. 11.  Department of Environmental Protection; returnable beverage 
container rules.  Pursuant to the authority granted in Public Law 2015, chapter 166, 
section 15, the Department of Environmental Protection shall, as soon as practicable, 
amend its existing rules or adopt new rules regarding the responsibilities of 
manufacturers, distributors, dealers, initiators of deposit, contracted agents and 
redemption centers under the returnable beverage container law, the Maine Revised 
Statutes, Title 38, chapter 33, to require a deposit and refund value on beverage 
containers containing Maine-produced apple cider and Maine-produced blueberry juice. 
Sec. 12.  Department of Environmental Protection; beneficial use rules.  
As soon as practicable, the Department of Environmental Protection shall amend fuel 
quality standards for construction and demolition debris wood fuel under its existing Rule 
Chapter 418: Beneficial Use of Solid Wastes to increase the allowance for chromated 
copper arsenate treated wood from less than 1.5% to less than 2.0% and to increase the 
allowance for #4 minus fines for sources other than publicly owned sources from 10% to 
15%. 
Sec. 13.  Department of Environmental Protection; food waste 
composting pilot program.  The Department of Environmental Protection shall 
develop, implement and administer a food waste composting pilot program as described 
in this section. 
1.  The department shall invite municipalities to participate in the pilot program and 
shall select as participants at least one municipality from each of the 3 following groups 
of counties: 
A.  Androscoggin, Cumberland, Lincoln, Sagadahoc and York; 
B.  Franklin, Kennebec, Knox, Oxford and Waldo; and 
C.  Aroostook, Hancock, Penobscot, Piscataquis, Somerset and Washington. 
2.  The department shall invite educational institutions to participate in the pilot 
program and shall select as participants at least one educational institution from each of 
the 3 following categories: 
A.  A public or private educational institution providing kindergarten to grade 12 
education with an enrollment of 500 students or less, as measured during the 2014-
2015 school year; 
B.  A public or private educational institution providing kindergarten to grade 12 
education with an enrollment of more than 500 students, as measured during the 
2014-2015 school year; and 
C.  A public or private educational institution providing undergraduate and graduate 
education. 
3.  The department shall invite and shall select as additional participants in the pilot 
program at least one entity from each of the 3 following categories: 
A.  A correctional facility; 
B.  A hospital; and 
C.  A commercial restaurant that generates, on average, 1/2 ton or more of food waste 
per week. 
4.  The department shall invite the Legislative Council to participate in the pilot 
program with respect to the State House facilities.  The department shall invite the 
Department of Administrative and Financial Services, Bureau of General Services to 
participate in the pilot program with respect to the Burton M. Cross State Office Building 
facilities. 
5.  The department shall provide technical assistance, and may provide financial 
assistance consistent with the Maine Composting and Recycling Grant and Low-interest 
Loan Program established under the Maine Revised Statutes, Title 38, section 2201-B, to 
each participating entity to develop and implement a food waste composting program.  A 
food waste composting program implemented under this section may involve the 
establishment of a traditional aerobic composting system or an anaerobic digestion 
system or implementation of another food waste processing technology approved by the 
department.  A participating entity shall collect data on the amount of food waste diverted 
from the waste stream by the program, the related cost savings realized by the 
participating entity and any problems encountered in implementing the program.  A 
participating entity shall compile this information into a report and transmit the report to 
the department on or before a date determined by the department. 
6.  The department shall analyze the reports submitted by the participating entities 
and, by January 15, 2018, shall submit a report to the joint standing committee of the 
Legislature having jurisdiction over environmental and natural resources matters detailing 
the data collected by each participating entity and any additional findings and including 
any recommendations for legislation to implement permanent food waste composting 
programs or requirements at the state, regional, municipal or local level or to otherwise 
increase recycling rates for organic materials in the State.  After receiving the report, the 
joint standing committee may report out a bill relating to the report to the Second Regular 
Session of the 128th Legislature. 
SUMMARY 
This bill amends the State's solid waste management laws as follows. 
1.  It establishes a product stewardship program for small batteries. 
2.  It updates the State's recycling goal.  Current statute sets a goal of recycling or 
composting 50% of the municipal solid waste tonnage generated each year within the 
State by January 1, 2014.  This bill extends that goal deadline to January 1, 2021. 
3.  It implements a commercial food waste composting requirement under which a 
large quantity commercial food waste generator that is located within 20 miles of a 
composting facility with available capacity to accept the food waste produced by the 
generator is required to deliver all food waste produced to a composting facility for 
processing.  A large quantity commercial food waste generator is a commercial entity that 
generates one ton or more of food waste per week.  This bill authorizes the Department of 
Environmental Protection to provide a large quantity commercial food waste generator a 
waiver from the composting requirement if compliance would result in substantial 
financial hardship for the generator. 
4.  It eliminates the current statutory waste handling fee of $1 per ton on the disposal 
at a commercial, municipal, state-owned or regional association landfill of municipal 
solid waste ash and front end process residue. 
5.  It expands the assessment of a statutory municipal solid waste surcharge.  Current 
statute requires the assessment of a $2 per ton surcharge on the disposal of municipal 
solid waste at a commercial, municipal or regional association landfill.  This bill reduces 
that surcharge to $1 per ton but assesses the surcharge on municipal solid waste disposed 
of or received for processing, composting or other treatment at a commercial, municipal, 
regional association or state-owned solid waste disposal facility, solid waste processing 
facility, incineration facility or solid waste landfill. 
6.  It directs revenues collected through the assessment of the municipal solid waste 
surcharge to the Maine Composting and Recycling Grant and Low-interest Loan 
Program, which is established by this bill.  This program provides grants and low-interest 
loans to public and private entities to assist in the development, implementation or 
improvement of programs, projects, initiatives and activities designed to increase 
composting and recycling rates within the State.  Under the program, priority in the 
awarding of grants or loans is given to municipal applicants and to applicants seeking to 
establish programs, projects, initiatives or activities likely to increase composting rates. 
7.  It directs the Department of Environmental Protection to amend existing rules or 
adopt new rules regarding the returnable beverage container law to require a deposit and 
refund value on beverage containers containing Maine-produced apple cider and Maine-
produced blueberry juice.  Under the existing statutory and regulatory framework, both of 
these products are exempt from the returnable beverage container law. 
8.  It directs the Department of Environmental Protection to amend existing rules 
regarding the beneficial use of solid wastes to amend fuel quality standards for 
construction and demolition debris wood fuel to increase allowances for chromated 
copper arsenate treated wood and for #4 minus fines. 
9.  It directs the Department of Environmental Protection to develop, implement and 
administer a food waste composting pilot program.  The department is required to collect 
data from participating entities and by January 15, 2018 submit a report to the joint 
standing committee of the Legislature having jurisdiction over environmental and natural 
resources matters detailing the data collected by each participating entity and any 
additional findings and including any recommendations for legislation to implement 
permanent food waste composting programs or requirements at the state, regional, 
municipal or local level or to otherwise increase recycling rates for organic materials in 
the State.  After receiving the report, the committee may report out a bill relating to the 
report to the Second Regular Session of the 128th Legislature.