Maine Revised Statutes Title 38 Sec. 3114 – Beverage Container Enforcement Fund
Current as of: 2023 | Check for updates
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1. Creation. The Beverage Container Enforcement Fund, referred to in this section as “the fund,” is created under the jurisdiction and control of the department.
[PL 2015, c. 166, §14 (NEW).]
Terms Used In Maine Revised Statutes Title 38 Sec. 3114
- Beverage: means beer, ale or other drink produced by fermenting malt, spirits, wine, hard cider, wine coolers, soda or noncarbonated water and all nonalcoholic carbonated or noncarbonated drinks in liquid form and intended for internal human consumption, except for unflavored rice milk, unflavored soymilk, milk and dairy-derived products. See Maine Revised Statutes Title 38 Sec. 3102
- Beverage container: means a bottle, can, jar or other container made of glass, metal or plastic that has been sealed by a manufacturer and at the time of sale contains 4 liters or less of a beverage. See Maine Revised Statutes Title 38 Sec. 3102
- cooperative: means the entity established pursuant to section 3107, subsection 3?B to manage the collection of all beverage containers subject to the requirements of this chapter under a single commingling program. See Maine Revised Statutes Title 38 Sec. 3102
- Department: means the Department of Environmental Protection. See Maine Revised Statutes Title 38 Sec. 3102
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
2. Sources of money. The fund consists of the following:
A. Fees for issuance of licenses and license renewals under section 3113; [PL 2015, c. 166, §14 (NEW).]
B. Fees for registration of beverage container labels and registration renewals under section 3105, subsection 5.
This paragraph is repealed July 15, 2025; [PL 2023, c. 482, §35 (AMD).]
B-1. The annual fee paid by the commingling cooperative pursuant to section 3107, subsection 3?B, paragraph G; and [PL 2023, c. 482, §35 (NEW).]
C. All other money appropriated or allocated for inclusion in the fund. [PL 2015, c. 166, §14 (NEW).]
[PL 2023, c. 482, §35 (AMD).]
3. Application of fund. The department may combine administration and inspection responsibilities of other programs it administers with administration and enforcement responsibilities under this chapter for efficiency purposes, except that money in the fund may be used to fund only the portion of staff time devoted to administration and enforcement activities under this chapter as well as for any other activities or purposes related to the administration and enforcement of this chapter or otherwise consistent with the intent of section 3101.
[PL 2023, c. 482, §36 (AMD).]
4. Revolving fund. The fund is a nonlapsing, revolving fund. All money in the fund must be continuously applied by the department to carry out the administrative and enforcement responsibilities of the department under this chapter.
[PL 2015, c. 166, §14 (NEW).]
SECTION HISTORY
PL 2015, c. 166, §14 (NEW). PL 2023, c. 482, §§35, 36 (AMD).