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Maine Department of Environmental Protection

DEP > Innovation > Toxic and Hazardous Waste Reduction > Advisory Opinions

Toxics Program - Advisory Opinion #4:
Revised 4/24/03

Toxics Use and Hazardous Waste Reduction Law (Toxics Law), as amended by PL 1999, Chapter 348, "An Act to Encourage Continuous Improvement in Pollution Prevention in Maine".

Section 2311-A, Fees.

Question: Are State facilities required to pay fees under the Toxics Law?

Response: State facilities are not a listed exemption under Section 2304-A(2). Therefore, State facilities, and all other facilities that meet the reporting requirements of the Toxics Law, are subject to the fee structure delineated in Section 2311-A, as described in the following:

1. Toxic users. Toxic users shall submit $100 for each extremely hazardous substance reported by the facility under this chapter to the Department annually by October 1st.

2. Toxic releasers. Toxic releasers shall submit $100 for each toxic substance reported by the facility under this chapter to the Department annually by October 1st.

3. Hazardous waste generators. Generators that ship 300 kilograms, or 661 pounds, or more of hazardous waste in a calendar year shall pay the following fees to the Department annually by October 1st. :

• for generators that ship 2,268.0 kilograms, or 5,000 pounds, or more of hazardous waste in a calendar year, the fee is $1,000;
• for generators that ship between 1,197.5 kilograms and 2,267.5 kilograms, or 2,640 pounds and 4,999 pounds in a calendar year, the fee is $500; and
• for generators that ship between 300 kilograms and 1,197.0 kilograms, or 661 pounds and 2,639 pounds, in a calendar year, the fee is $100.
• Generators that ship less than 300 kilograms, or 661 pounds, of hazardous waste in a calendar year are not required to pay fees under this Section.

4. Fee limitation. A facility subject to fees under this section may not be assessed more than $1,000 per year.