An Act To Streamline the Regulation of Agricultural Composters
Maine Legislature, Session 123, LD 0564
Committee: Agriculture, Conservation and Forestry
Sponsors: NUTTING, MAREAN, MARTIN, NASS, SHERMAN, JACOBSEN, LEWIN
Amends: 38 MRSA §1304

Legislative Document 
No. 564 
S.P.176 
February 5, 2007 
An Act To Streamline the Regulation of Agricultural Composters 
Reference to the Committee on Agriculture, Conservation and Forestry suggested and 
ordered printed. 
Presented by Senator NUTTING of Androscoggin. 
Cosponsored by Representative MAREAN of Hollis and 
JOY J. O'BRIEN 
Secretary of the Senate 
Senators: MARTIN of Aroostook, NASS of York, SHERMAN of Aroostook, Representatives: 
JACOBSEN of Waterboro, LEWIN of Eliot, NASS of Acton. 
PrinteJ ()11 rel:ydeu papt'r 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 7 MRSA c. 749 is enacted to read: 
CHAPTER 749 
AGRICUL TURAL COMPO STING 
§4301. Definitions 
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings. 
1. Agricultural composting operation. "Agricultural composting operation" means 
composting 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 semivolatile 
organic compounds, polychlorinated biphenyls or dioxin. 
2. Best management practices. "Best management practices" means those practices 
that are determined by the commissioner to be based on reasonably available and 
economically feasible methods and technologies that are environmentally sound. "Best 
management practices" includes those practices suited to preventing, reducing or 
correcting problems that may be associated with an agricultural compost operation. 
3. 
Commercial agricultural composting operation. 
"Commercial agricultural 
composting operation" means an agricultural composting operation that produces 
compost sold, bartered or otherwise exchanged for compensation and generates a cash or 
in-kind equivalent annual income of $2,000 or more. 
4. 
Composting. 
"Composting" means the controlled aerobic decomposition of 
organic materials to produce a soil-like product beneficial to plant growth and suitable for 
agronomIc use. 
5. Farm. "Farm" means the land and buildings used in the commercial production 
of farm products. 
6. 
Septage. 
"Septage" has the same meaning as In Title 38, section 1303-C, 
subsection 27. 
7. Sludge. "Sludge" has the same meaning as in Title 38, section 1303-C, subsection 
28-A. 
§4302. Registration 
A person who owns or operates a commercial agricultural composting operation shall 
register with the department no later than March 1 st of each year on a form prescribed bv 
Page I - 123LR0446(OI)-1 
I 
the department. 
A registration fee of $25 must be submitted with the form. 
The 
commissioner shall deposit registration fees into the Nutrient Management Fund 
established in section 4208. 
§4303. Duties of the commissioner 
The commissioner shall implement a program to educate composters on agricultural 
composting methods and ensure adherence to best management practices by commercial 
agricultural composting operations. 
1. 
Rulemaking. 
The commissioner shall adopt rules to establish basic best 
management practices for commercial agricultural composting operations, a process for 
developing specific best management practices for an individual agricultural composting 
operation and timelines for implementation of best management practices prescribed by 
the commissioner. Rules adopted pursuant to this subsection are routine technical rules 
as defined in Title 5, chapter 375, subchapter 2-A. 
2. Inspection; assistance. The commissioner or commissioner's designee may enter 
the premises of a commercial agricultural composting operation for the purposes of 
inspecting the operation for compliance with best management practices. 
When the 
commissioner determines that best management practices are not in use or that basic best 
management practices are insufficient to prevent environmental harm or an adverse 
impact on neighboring residents or landowners, the commissioner shall assist the owner 
or operator of the commercial agricultural composting operation in developing best 
management practices specific to that operation. 
3. Violation. Failure to implement best management practices in accordance with 
rules adopted under subsection 1 is a 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 the violation 
continues, may be adjudged. 
4. Enforcement of environmental laws. If the commissioner finds that failure to 
implement best management practices prescribed by the department has resulted in a 
possible violation of Title 38, chapter 3 or 13, the commissioner shall send a written 
report describing the alleged violation to the Commissioner of Environmental Protection 
and a copy of the report to the Attorney General. 
1 
§4304. Repeal 
This chapter is repealed March 31,2009. 
Sec. 2. 38 MRS A §373 is enacted to read: 
§373. Commercial agricultural composting operations 
Commercial agricultural composting operations as defined in Title 7, section 4301 
are regulated by the Department of Agriculture, Food and Rural Resources. This chapter 
does not apply to commercial agricultural composting operations except that, upon 
receipt of a report submitted by the Commissioner of Agriculture, Food and Rura! 
Resources in accordance with Title 7, section 4303, subsection 4, the department may 
investigate an alleged violation of article 1-F or 2 and take enforcement action In 
accordance with this chapter. 
This section is repealed March 31, 2009. 
Sec. 3. 38 MRSA §1304, sub-§20 is enacted to read: 
20. Commercial agricultural compostint!: operations. Commercial agricultural 
composting operations as defined in Title 7, section 4301 are regulated by the Department 
of Agriculture, Food and Rural Resources. This chapter does not apply to commercial 
agricultural composting operations except that, upon receipt of a report submitted by the 
Commissioner of Agriculture, Food and Rural Resources in accordance with Title 7, 
section 4303, subsection 4, the department may investigate an alleged violation of section 
1306 and take enforcement action in accordance with this chapter. 
This subsection is repealed March 31, 2009. 
SUMMARY 
This bill requires commercial agricultural composting operations to register with the 
Department of Agriculture, Food and Rural Resources. 
The bill requires the 
Commissioner of Agriculture, Food and Rural Resources to adopt rules for the regulation 
of commercial agricultural composting operations. 
The bill also requires the 
Commissioner of Agriculture, Food and Rural Resources to submit a written report to the 
Commissioner of Environmental Protection if a violation of the laws administered by the 
Department of Environmental Protection is believed to have occurred because of a failure 
to implement prescribed best management practices.