LD 1515
pg. 2
Page 1 of 4 An Act To Promote and Monitor Competition in the Solid Waste Industry Page 3 of 4
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LR 1822
Item 1

 
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


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