Sec. 6. 17 MRSA §2805, sub-§6, as amended by PL 1999, c. 723, §2, is further amended to read:

6. Failure to adopt best management practices. If the person responsible for the farm or farm operation does not apply best management practices as required by the Commissioner of Agriculture, Food and Rural Resources, the commissioner shall send a written report to an appropriate agency if a federal or state law has been violated and to the Attorney General. The Attorney General may institute an action to abate a nuisance or to enforce the provisions of this section or any other applicable state law, and the court may order the abatement with costs as provided under section 2702, such injunctive relief as provided in this section or by other applicable law, or that a civil violation has been committed. Failure to apply best management practices in accordance with this section constitutes a separate civil violation for which a forfeiture fine of up to $1,000, together with an additional forfeiture fine of up to $250 per day for every day that the violation continues, may be adjudged.

SUMMARY

This bill changes a current provision in the laws relating to nutrient management that allows any amount of compost material to be imported and used on a farm without triggering the requirement for a nutrient management plan. The language change in this provision allows less than 100 tons of compost annually to be brought onto a farm without triggering a nutrient management plan, making it consistent with the requirements for manure imported onto a farm.

This bill gives the Nutrient Management Review Board within the Department of Agriculture, Food and Rural Resources the authority to hear appeals and resolve disputes involving issues relating to site-specific best management practices. Currently the board has the authority to address only disputes that are manure- or nutrient-related.

This bill also authorizes the appointment of up to 3 temporary members to the Nutrient Management Review Board for the purpose of hearing an appeal, conducting an information-gathering meeting or facilitating the complaint resolution process relating to best management practices.