An Act To Clarify the Laws Governing Agricultural Composting Operations
Maine Legislature, Session 122, LD 1064
Committee Amendment CA_A_S256 (Senate)
Amends: 17 MRSA §2805

COMMITTEE AMENDMENT ,A" to S.P. 381, L.D. 1064, 
To 
Clarify 
the 
Laws 
Governing 
Agricultural 
Operations" 
Bill, "An 
Composting 
Amend the bill by striking out all of sections 1 and 2 and 
inserting in their place the following: 
'Sec. 1. 17 MRSA §2805, as amended by PL 2003, c. 283, §6, is 
further amended to read: 
§Z805. 
Farm, farm operation or agricultural composting 
operation not nuisance; use of best management 
practices 
1. 
otherwise 
meanings. 
Definition. As used in this section, unless the context 
indicates, 
the 
following 
terms 
have 
the 
following 
A. 
"Farm" means the land, buildings and machinery used in 
the commercial production of farm products. 
B. 
"Farm operation" means 
a 
condition or activity that 
occurs 
on 
a 
farm 
in 
connection 
with 
the 
commercial 
production of farm products and includes, but is not limited 
to, operations giving rise to noise, odors, dust, insects T 
and fumesT.L operation of machinery and irrigation pUmpST.L 
ground and aerial seedingT.L ground 
sprayingT-~-inq--ef 
ma~e~ia±-~~ea~eea-~y-~£~-~~~~-~~~~~-b&a&~-ia-~aF~ 
ea--t-he--~a~mT and disposal of manUreT.L the application of 
chemical 
fertilizers, 
soil 
amendments, 
conditioners 
and 
pesticides.L and the employment and use of labor. 
Page l-LR0455(2) 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ·A" to S. P. 381, L. D. 1064 
C. 
"Farm product" means those plants and animals useful to 
humans and includes, but is not limited to forages and sod 
crops, grains and food crops, dairy products, poultry and 
poultry products, bees, livestock and livestock products and 
fruits, berries, 
vegetables, 
flowers, 
seeds, grasses 
and 
other similar products. 
D. 
"Agricultural 
composting operation" 
means 
compo sting 
that 
takes 
place 
on 
a 
farm. 
"Agricultural 
composting 
operation" 
does 
not 
include 
an operation that 
involves 
nonorganic municipal solid waste or that composts municipal 
sludge, 
septage, 
industrial 
solid 
waste 
or 
industrial 
sludge. 
"Agricultural 
composting 
operation" 
does 
not 
include 
an 
operation 
that 
composts 
materials 
with 
a 
moderate or high risk of contamination from heavy metals, 
volatile and semiyolatile organic compounds, polychlorinated 
biphenyls or dioxin. 
E. 
"Composting" means the controlled aerobic decomposition 
of 
organic 
materials 
to 
produce 
a 
soil-like 
product 
beneficial to plant growth and suitable for agronomic use. 
2-A. 
Farm, 
farm 
operation 
or 
aqricultural 
compostinq 
operation 
not 
nuisance. 
A 
farm 
91?..<.. 
farm 
operation 
or 
agricultural composting operation may not be considered a public 
or 
private 
nuisance 
if 
the 
farm 
91?.L 
farm 
operation 
or 
agricultural composting operation alleged to be a nuisance is in 
C9mpliance with applicable state and federal 
laws, 
rules and 
regulations and meets one of the following conditions: 
A. 
The farm 91?.L farm operation or agricultural composting 
operation 
conforms 
to 
best 
management 
practices, 
as 
determined by the Commissioner of Agriculture, 
Food 
and 
Rural Resources in accordance with the Maine Administrative 
Procedure Act, Title 5, chapter 375; 
B. 
For complaints regarding the storage or use of farm 
nutrients as defined in Title 7, section 4201, subsection 4, 
the 
farm 
or 
farm operation has 
implemented 
a 
nutrient 
management 
plan 
developed 
in 
accordance 
with 
Title 
7, 
section 4204 and operation of the farm is consistent with 
the nutrient management plan; or 
C. 
The farm or farm operation existed before a change in 
the land use or occupancy of land wi thin one mile of the 
boundaries of the farm as long as, before the change in land 
use or occupancy, the farm or farm operation would not have 
been considered a nuisance. 
This paragraph does not apply 
to a 
farm or farm operation that materially changes the 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,~, to S.P. 381, L.D. 1064 
conditions or nature of the farm operation after a change in 
the land use or occupancy of land wi thin one mile of the 
boundaries of the farm. 
Nothing in this paragraph affects 
the applicability of any of the other provisions of this 
section. 
3-A. 
Violation of municipal 
ordinances. 
A 
method 
of 
operation used by a farm or farm operation located in an area 
where agricultural activities are permitted may not be considered 
a violation of a municipal ordinance if the method of operation 
constitutes 
a 
best management practice as determined by the 
Department of Agriculture, Food and Rural Resources. 
4. 
Appl.ication; municipal. ordinances. 
This section 
does 
not affect the application of state and federal laws. 
After the 
effective date of this subsection, a municipality must provide 
the Commissioner of Agriculture, Food and Rural Resources with a 
copy of any proposed ordinance that impacts farm operations. 
The 
clerk of the municipality or a municipal official designated by 
the clerk shall submit a copy of the proposed ordinance to the 
commissioner at least 
days prior to the meeting of the 
legislative body or public hearing at which adoption of the 
ordinance will be considered. 
The commissioner shall review the 
proposed ordinance and advise the municipality if the proposed 
ordinance would restrict or prohibit the use of best management 
practices. 
This subsection does not affect municipal authority 
to enact ordinances. 
5. 
Complaint 
resolution. 
The 
commissioner 
shall 
investigate all complaints involving a farm 9F~ farm operation or 
agricultural composting operation, including, but not limited to, 
complaints 
involving 
the 
use 
of 
waste 
products, 
~F9Qaa 
groundwater and surface water pollution and insect infestations. 
In cases of insect infestations not arising from agricultural 
activities, 
when 
the 
State 
Entomologist 
believes 
that 
the 
infestation is a public nuisance and is able to identify the 
source or sources of the infestation, the commissioner shall 
refer the matter to the Department of the Attorney General. 
If 
the 
commissioner 
finds 
upon 
investigation 
that 
the 
person 
responsible for the 
farm 
9F~ farm operation or agricultural 
composting operation is using best management practices, 
the 
commissioner shall notify that person and the complainant of this 
finding in writing. 
Notwithstanding subsection 2-A, paragraph C, 
if the commissioner identifies the source or sources of the 
problem and finds that the problem is caused by the use of other 
than best management practices, the commissioner shall: 
A. 
Determine the 
changes 
needed in the 
farm 
9FL 
farm 
operation or agricultural composting operation to comply 
with best management practices and prescribe site--s.pee..i,f4e 
si te-specific 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. A .. to S.P. 381, L.D. 1064 
best 
management 
practices 
for 
that 
farm 
operation 
Q!:. 
agricultural composting operation; 
B. 
Advise the person responsible for the farm 
e!'..L farm 
operation 
or 
agricultural 
composting 
operation 
of 
the 
changes, as determined in paragraph A, that are necessary to 
conform 
with 
best 
management 
practices 
and 
determine 
subsequently if those changes are implemented; and 
C. 
Give 
subsequent 
compliance 
the findings 
of 
investigations 
to the complainant 
the initial investigation 
and 
any 
determination 
and person responsible. 
and 
of 
5-A. 
Good faith. 
The Maine Rules of Civil Procedure, Rule 
applies in any private action filed against the owner or 
operator of a farm 9!'L farm operation or agricultural composting 
operation in which it is alleged that the farm eFL 
farm operation 
or agricultural composting operation constitutes a nuisance if it 
is determined that the action was not brought in good faith and 
was frivolous or intended for harassment only. 
6. 
Failure to adopt best manaqement practices. 
If the 
person 
responsible 
for 
the 
farm 
ei'..L 
farm 
operation 
Q!:. 
agricultural composting 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 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. 
7. 
Aqricultural 
Complaint 
Response 
Fund. 
There 
is 
established the nonlapsing Agricultural Complaint Response Fund. 
The commissioner may accept funds from any source designated to 
be placed in the fund. 
The commissioner may authorize expenses 
from the fund as necessary to investigate complaints involving a 
farm eFL 
farm operation or agricultural composting operation and 
to abate conditions potentially resulting from farms 
ei'L farm 
operations or agricultural composting operations. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A, to S.P. 381, L.D. 1064 
8. 
Rules. 
with the Maine 
The commissioner shall adopt rules in accordance 
Administrative Procedure Act to interpret and 
implement this section. 
9. 
Educational outreach. 
Food and Rural Resources shall 
The Commissioner of Agriculture, 
conduct an educational outreach 
program for the agricultural community to increase awareness of 
the provisions of this section and the currently adopted best 
management practices of the Department of Agriculture, Food and 
Rural Resources. 
The commissioner shall inform the public about 
the provisions of this section, the complaint resolution process 
adopted by the department and state policy with respect to 
preservation 
and 
protection 
of 
agricultural 
and 
natural 
resources. ' 
Further amend the bill in section 
4th line 
(page 3, 
line 13 
in L.D.) 
following: 
"composting" the following: 
in paragraph A in 
by inserting after 
'operation' 
Further amend the bill by striking out all of section 4. 
Further amend the bill by relettering 
nonconsecutive 
Part 
letter 
or 
section 
consecutively. 
SUMMARY 
or renumbering 
number 
to 
the 
the 
any 
read 
This 
amendment 
replaces 
the definition of "agricultural 
composting" found in the bill with definitions of "agricultural 
composting operation" and "composting." 
It removes the provision 
that proposed excluding workers in the employ of an agricultural 
composting operation from the definition of employment in Maine's 
unemployment compensation statute. 
It removes the retroactivity 
provision in the bill. 
FISCAL :--;01E REQLlRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/24/05 frac 
LD 1064 
LR 0455(02) 
An Act To Clarify the Laws Governing Agricultural Composting Operations 
Fiscal Note for Bill as Amended by Committee Amendment t:{r 
Committee: Agriculture, Conservation and Forestry 
Net Cost (Savings) 
General Fund 
Revenue 
General Fund 
Other Special Revenue Funds 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
2005-06 
$13,950 
($13,950) 
($750) 
2006-07 
$21,713 
($21,713) 
($1,167) 
Projections 
2007-08 
. $22,558 
($22,558) 
($1,237) 
Projections 
2008-09 
$23,460 
($23,46 
($1,287) 
This bill is expected to reduce General Fund revenue by $13,950 in fiscal year 2005-06 and $21,713 in fiscal year 
2006-07 as a result of the sales tax exemption for agricultural composting. 
LR0455(2) - Fiscal Note - Page 1 of 1