Sec. 1. 38 MRSA c. 13, sub-c. I-A, art. 2-A is enacted to read:

ARTICLE 2-A

CLEANUP OF ORPHANED SOLID WASTE

DISPOSAL SITES

§1310-M-1. Orphaned Solid Waste Disposal Site Clean-up Fund

The Orphaned Solid Waste Disposal Site Clean-up Fund, referred to in this article as the "fund," is established as a nonlapsing fund in the department for the purpose of abating, mitigating and cleaning up solid waste disposal sites designated by the commissioner under section 1310-M-2.__Money in the fund is derived from a percentage of the municipal solid waste disposal surcharge fee assessed in section 2204.

§1310-M-2.__Use of funds

If the commissioner finds upon investigation that the party or parties responsible for an unlicensed solid waste disposal site do not have sufficient financial resources to properly abate, mitigate or clean up the site or that the responsible party or parties can not be determined, the commissioner may designate that site as an "orphaned solid waste disposal site" and may use money in the fund to abate, clean up or mitigate the threat posed by that site.

§1310-M-3.__Report

The commissioner shall report annually to the joint standing committee of the Legislature having jurisdiction over natural resources matters on fund transactions and balances and on all abatement, mitigation or other actions paid for by the fund.

Sec. 2. 38 MRSA §2204, as amended by PL 1999, c. 385, §8, is further amended to read:

§2204. Municipal solid waste disposal surcharge

The department shall impose a fee of $2 $5 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. Notwithstanding section 2201, $3 of