§4209. Penalties

Failure to develop a nutrient management plan in accordance with section 4204 or to obtain a manure management livestock operations permit in accordance with section 4205 constitutes a civil violation for which a forfeiture of up to $1,000 plus up to $250 per day for every day that the violation continues may be adjudged.

Failure to implement a nutrient management plan according to the requirements of section 4204 and the rules adopted pursuant to that section constitutes a civil violation for which a forfeiture of up to $1000 $1,000 with an additional penalty of up to $250 per day for every day that the violation continues may be adjudged. Prior to development of a plan, a person is not subject to a penalty for failure to implement a nutrient management plan.

Failure to comply with the conditions set forth in a livestock operations permit or a variance constitutes a civil violation for which a forfeiture of up to $1000 $1,000 with an additional penalty of up to $250 per day for every day that the violation continues may be adjudged.

Winter spreading of manure in violation of section 4207 constitutes a civil violation for which a forfeiture of up to $1000 $1,000 per day for every day that spreading occurs may be adjudged.

Sec. 7. 7 MRSA §§4210 to 4213 are enacted to read:

§4210.__Revocation of certification

If the commissioner finds that a person certified to prepare nutrient management plans has failed to comply with section 4204, subsection 3, the commissioner may revoke that person's certification in accordance with this section.

1. Notice.__The commissioner shall give written notice of a revocation immediately following a decision to revoke.__A notice of revocation must state the reason the certification is being revoked and the effective date of the revocation and must inform the person of the hearing provisions under subsection 2 and the appeals process before the board.