| C.__"Solid waste hauling service" means the collection, | removal and transportation to a solid waste transfer station | or disposal site of trash and garbage.__As used in this | paragraph, trash and garbage do not include construction and | demolition debris, medical waste, hazardous waste, organic | waste, special waste such as contaminated soil or sludge or | recyclable materials. |
|
| | 2.__Contracts.__All contracts for the provision of small | containerized solid waste hauling service to customers located in | this State must: |
|
| A.__Permit customers to terminate such contracts by | providing no more than 30 days' notice prior to termination | by any reasonable method, including, at a minimum, mail, | electronically transmitted facsimile and e-mail; and |
|
| B.__Limit the financial charge for early termination of the | contract to:__$75, 2 times the current monthly charge or 2 | times the average monthly charge during the most recent 6- | month period, whichever is least. |
|
| | 3.__Exception.__Notwithstanding the provisions of subsection | 2, a contract for the provision of small containerized solid | waste hauling service to a customer located in this State may | contain contract terms that do not conform to the requirements of | subsection 2 if those alternative terms are specified in a bona | fide request for proposals or request for bids initiated by the | customer. |
|
| | 4.__Information regarding prices and terms.__A contract for | the provision of small containerized solid waste hauling service | to a customer located in this State may not require the customer | to inform a contractor concerning prices or other terms offered | by competitors or require the customer to afford the contractor | an opportunity to match or respond to a competitor's offer. |
|
| | 5.__Effect on existing contracts.__Provisions in contracts in | force on the effective date of this section that do not conform | to the requirements of this section are unenforceable. |
|
| | Sec. 3. 38 MRSA §2124-A, as enacted by PL 1995, c. 588, §4, is | amended by adding at the end a new paragraph to read: |
|
| | The report must include an analysis of how changes in | available disposal capacity have affected or are likely to affect | disposal prices.__When the office determines that a decline in | available landfill capacity has generated or has the potential to | generate supracompetitive prices, it shall include this finding |
|
|