An Act To Update Maine's Solid Waste Management Laws
Sec. 1. 38 MRSA §1611 is enacted to read:
§ 1611. Stewardship program for small batteries
(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.
(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, 21 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).
(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.
(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, 21 United States Code, Section 360c (2012), if, when the device or battery within the device is discarded, it must be treated as biomedical waste.
(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.
(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.
(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.
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.
(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.
(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.
(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.
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.
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:
Sec. 3. 38 MRSA §2145 is enacted to read:
§ 2145. Commercial food waste composting requirement
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
Sec. 6. 38 MRSA §2202, sub-§3, as enacted by PL 1993, c. 310, Pt. C, §2, is amended to read:
Sec. 7. 38 MRSA §2203-A, sub-§1, as amended by PL 2011, c. 544, §3, is further amended to read:
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 | |
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 |
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:
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:
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:
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:
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.