§2203-A. Waste handling fees
1. Fees. Unless otherwise provided by rule adopted in accordance with subsection 3, 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 | |
| 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 or municipal solid waste ash | $1 per ton | |
| Front end process residue (FEPR) | $1 per ton | |
| Construction and demolition debris and residue from the processing of construction and demolition debris | $2 per ton |
[PL 2021, c. 230, §1 (AMD).]
2. Exceptions. Notwithstanding subsection 1:
A. A municipal or regional association landfill that has accepted 12,000 tons or more of special waste, other than municipal solid waste ash, asbestos and oil-contaminated soil, gravel, brick, concrete and other aggregate, in calendar year 1998 shall continue to pay $2 per ton to the department for those categories of waste accepted in that calendar year; [PL 1999, c. 385, §7 (NEW).]
B. A municipal or regional association landfill shall continue to pay $2 per ton to the department on all categories of special waste other than municipal solid waste ash, asbestos and oil-contaminated soil, gravel, brick, concrete and other aggregate that was generated by the municipality or regional association and accepted for disposal in its landfill in calendar year 1998; [PL 2011, c. 544, §3 (AMD).]
C. A municipal or regional association landfill that has accepted 550 tons or more of oil-contaminated soil, gravel, brick, concrete and other aggregate in calendar year 1998 shall pay $5 per ton for that category of waste; and [PL 2011, c. 544, §3 (AMD).]
D. A fee may not be imposed under this section on construction and demolition debris or residue from the processing of construction and demolition debris disposed of at a municipal or regional association landfill that is less than 6 acres in size and accepts only inert fill, construction and demolition debris, debris from land clearing and wood wastes. [PL 2011, c. 544, §3 (NEW).]
[PL 2011, c. 544, §3 (AMD).]
3. Rules. The department may adopt rules imposing per ton or per cubic yard fees on any of the types of waste listed in subsection 1 disposed of at a commercial, municipal, regional association or state-owned solid waste landfill. The department may adopt rules imposing per ton fees on any municipal solid waste disposed of or received for processing at a commercial, municipal, regional association or state-owned solid waste disposal facility, solid waste processing facility, incineration facility or solid waste landfill. Fees imposed pursuant to this subsection must be consistent with the solid waste management hierarchy established under section 2101 and the food recovery hierarchy established under section 2101‑B. Rules adopted pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A.
[PL 2021, c. 230, §2 (AMD).]
SECTION HISTORY
PL 1999, c. 385, §7 (NEW). PL 1999, c. 564, §1 (AMD). PL 2011, c. 544, §3 (AMD). PL 2015, c. 461, §§8, 9 (AMD). PL 2021, c. 230, §§1, 2 (AMD).