Sec. 15. 38 MRSA §2311, as amended by PL 1997, c. 643, Pt. L, §1, is repealed.

Sec. 16. 38 MRSA §2311-A is enacted to read:

§2311-A.__Fees

The commissioner shall deposit all money received in payment of fees under this section in a separate nonlapsing account within the Maine Hazardous Waste Fund to cover expenses incurred by the department in the administration of this chapter.

1.__Toxics users.__Toxics users shall submit $100 for each extremely hazardous substance reported by the facility under this chapter to the department annually by April 15th.

2.__Toxics releasers.__Toxics releasers shall submit $100 for each toxic substance reported by the facility under this chapter to the department annually by July 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 April 15th: 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, per 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, per 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.

Sec. 17. 38 MRSA §2312, as amended by PL 1991, c. 520, §§24 and 25, is repealed.

Sec. 18. 38 MRSA §2313 is enacted to read:

§2313.__Penalties

1.__General.__The owner or operator of a facility subject to the requirements of this chapter that fails to meet any requirement of this chapter is subject to penalties under section