As a part of an annual plan proposed and approved pursuant to section 1033, subsection 4, the Maine Potato Board may employ inspectors and may require payments for inspection at a rate and schedule to be established by rule by the commissioner. The commissioner and the Maine Potato Quality Control Board shall jointly develop proposed rules.

Sec. 43. 7 MRSA §1035, as repealed and replaced by PL 1987, c. 99, §16, is repealed.

Sec. 44. 7 MRSA §4201, sub-§3, as enacted by PL 1997, c. 642, §2, is repealed.

Sec. 45. 7 MRSA §4203, as amended by PL 2003, c. 283, §§2 and 3, is repealed.

Sec. 46. 7 MRSA §4204, sub-§8, as amended by PL 2001, c. 64, §2, is further amended to read:

8. Variances. For farms with compliance dates established in subsection 4, the commissioner may grant a variance from the date by which a nutrient management plan must be prepared and certified when the commissioner finds that technical assistance or resources are not available to complete and certify the plan by January 1, 2001. The commissioner may grant a variance from the implementation date in subsection 4, 5 or 6 when the commissioner finds that implementation of the plan would cause undue hardship. A person requesting a variance shall submit a request in writing to the commissioner at least 90 days prior to the applicable implementation date. The commissioner shall establish by rule criteria and a process for granting a variance. Factors considered must include protection of groundwater and surface water, cost of implementing the plan, availability of financial assistance to implement the plan and availability of technical assistance or resources to complete and certify the plan. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter II-A 2-A. Notwithstanding the provisions of this subsection, a variance may not extend an implementation date beyond December 31, 2008. A person denied a variance by the commissioner may appeal that decision to the board.

Sec. 47. 7 MRSA §4205, sub-§2, as amended by PL 1999, c. 530, §4, is further amended to read:

2. Criteria for issuing permits; rulemaking. An applicant for a permit required under this section must submit to the commissioner a nutrient management plan that meets the