An Act To Modify the Exemption for Compost under the Nutrient Management Law and the Nutrient Management Review Board's Authority To Hear Appeals
Maine Legislature, Session 121, LD 1543
Committee: Agriculture, Conservation and Forestry
Sponsors: BRYANT, CARR, KNEELAND, HONEY, LUNDEEN
Amends: 7 MRSA §4201, 7 MRSA §4203, 7 MRSA §4209, 17 MRSA §2701-B, 17 MRSA §2805

12lst MAINE LEGISLATURE 
Legislative Document 
No. 1543 
S.P.517 
In Senate, April 10, 2003 
An Act To Modify the Exemption for Compost under the Nutrient 
Management Law and the Nutrient Management Review Board's 
Authority To Hear Appeals 
Submitted by the Department of Agriculture, Food and Rural Resources pursuant to Joint 
Rule 204. 
Reference to the Committee on Agriculture, Conservation and Forestry suggested and 
ordered printed. 
Presented by Senator BRYANT of Oxford. 
Cosponsored by Representative CARR of Lincoln and 
JOY J. O'BRIEN 
Secretary of the Senate 
Senator: KNEELAND of Aroostook, Representatives: HONEY of Boothbay, LUNDEEN of 
Mars Hill. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. I. 7 MRSA §4201, sub-§6, as amended by PL 1999, c. 530, 
§1, is further amended to read: 
6. 
Regulated 
residual. 
"Regulated 
residual" 
means 
a 
residual regulated by the Department of Environmental Protection 
pursuant to Title 38, chapter 13 that is used primarily for its 
nitrogen and phosphorous value as determined by the Department of 
Agriculture, Food and Rural Resources. 
"Regulated residual" does 
not include w9ge-asa-9F compost in quantities less than 100 tons 
per year or wood ash. 
Sec. 2. 7 MRSA §4203, sub-§I, as amended by PL 1999, c. 530, 
§3, is further amended to read: 
1. Duties. 
The board's duties are as follows: 
A. 
The 
board 
shall 
review 
and 
approve 
all 
proposed 
amendments to the original rules adopted in accordance with 
this chapter; aRa 
B. 
When 
an 
aggrieved 
party 
within 
days 
of 
the 
commissioner's 
decision 
appeals 
a 
decision 
of 
the 
commissioner regarding a livestock operations permit under 
section 4205, a request for a variance under section 4204, 
subsection 8 or a certification under section 4210, 
the 
board shall hold a hearing ln accordance with Title 5, 
chapter 375, subchapter ±V 
~. The board may affirm, amend or 
reverse 
a 
permit or certification decision made 
by the 
commissioner. 
The 
board's 
decision is 
a 
final 
agency 
action ... ~ 
c. 
When 
an 
aggrieved 
party 
within 
days 
of 
the 
commissioner's 
decision 
appeals 
a 
decision 
of 
the 
commissioner 
regarding 
site-specific 
best 
management 
practices prescribed for 
a 
farm or other issue governed 
under Title 17, sections 2701-B or 2805, the board shall 
hold a hearing in accordance with Title 5, chapter 375, 
subchapter 4. 
The board may affirm, 
amend or reverse a 
decision made by the commissioner. 
The board's decision is 
a 
final 
agency action. 
The 
board may 
also conduct 
an 
information-gathering 
meeting 
at 
the 
request 
of 
the 
department or 
any party with 
a 
legitimate interest to 
facilitate the complaint resolution process under Title 17 I 
sections 2701-B or 2805. 
Sec. 3. 7 MRSA §4203, sub-§2-A is enacted to read: 
.. 
A. 
Temporaa .pcbership. 
When the subject matter of an 
appeal or complaint resolution process under this section is 
other than manure or nutrient management. the commissioner may 
appoint up to 
temporary board members for the purpose of 
hearing an appeal. conducting an information gathering meeting or 
facilitating the complaint resolution process under Title 17. 
section 2805. 
At least one temporary member must have expertise 
with the subject matter of the complaint or problem and one 
temporary 
member 
must 
represent 
the 
agricultural 
sector 
involved. 
The terms for temporary members expire when the board 
determines that it has taken final action on the appeal or 
complaint resolution process. 
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 
{e~{ei~Q~e ~ 
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 
{e~{ei~Q~e 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 
{e~{ei~Q~e 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 
{el'jgei~Ql'e fine of up 
to $1,000 per day for every day that spreading occurs may be 
adjudged. 
Sec.S. 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 
which a fine of up to $1,000, together with an additional fine of 
up to $250 per day for every day that the violation continues, 
may be adjudged. 
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 ma.naqement practices. 
I f 
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 'eF'eit.lue fine of up to $1, 000, 
together with an additional 'eF'eit.~Fe 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 
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. 
• 
This bill also adds a penalty to the laws relating to manure 
for failure to implement best management practices that have been 
prescribed by the Department of Agriculture, 
Food 
and Rural 
Resources in response to complaints about manure handling and 
storage. 
The 
penalty is consistent with 
the penalties 
for 
violations under the laws relating to the right to farm and 
nutrient management. 
This 
bill 
also 
makes 
terminology 
in 
the 
penalty 
management and best management 
to "fine." 
nonsubstantive 
changes 
to 
the 
sections 
relating 
to 
nutrient 
practices by changing "forfeiture"