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| 2. Service fee; ceiling. Except for waste that is exempt in |
| accordance with subsection 4, the department shall assess annually |
| by September 1st each low-level radioactive waste generator a |
| service fee on all low-level radioactive waste generated in this |
| State that is shipped to a low-level radioactive waste disposal |
| facility, stored awaiting disposal at such a facility or stored for |
| any other purpose. The service fee must be based 50% on the volume |
| and 50% on the radioactivity of the waste disposed in a disposal |
| facility in the previous calendar year or placed in storage in the |
| previous calendar year if the State did not have access to a |
| disposal facility for that year, but each generator must be |
| assessed a minimum of $100 annually. Each generator must pay this |
| service fee within 30 days, except that any generator may choose to |
| make quarterly payments instead. Any radioactive waste for which a |
| service fee was assessed and collected under this section can not |
| be reassessed for the purposes of this section. The radiation |
| control program within the Division of Health Engineering shall |
| adopt rules in accordance with the Maine Administrative Procedure |
| Act concerning the calculation of the fee and the exemptions to the |
fee, consistent with this section. The revenue from this service |
fee each year must amount to $135,000 and must be credited to the |
fund established in subsection 1 and used to carry out the purposes |
of this section and of Title 38, section 1453-A. If the Advisory |
Commission on Radioactive Waste, as established in Title 38, |
section 1453-A is dissolved, the service fee ceiling must be |
lowered by the amount of the budget of that commission. |
