Sec. 4. 7 MRSA §4209, as amended by PL 1999, c. 530, §6, is further amended to read:

§4209. Penalties

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

Sec. 5. 17 MRSA §2701-B, as amended by PL 1993, c. 124, §2, is further amended by adding after the 2nd indented paragraph a new indented paragraph to read:

Failure to apply best management practices in accordance with this section constitutes a separate civil violation for