An Act To Streamline the Regulation of Agricultural Composters
Maine Legislature, Session 123, LD 0564
Committee Amendment CA_B_S357 (Senate)

COMMITTEE AMENDMENT "/J " to S.P. 176, L.D. 564, Bill, "An Act To 
Streamline the Regulation of Agricultural Composters" 
Amend the bill by striking out the title and substituting the following: 
'Resolve, To Streamline the Regulation of Agricultural Composters' 
Amend the bill by striking out everything after the title and before the summary and 
inserting the following: 
'Preamble. Whereas, the Legislature recognizes the benefits of agricultural 
compo sting operations to the environment, farms and rural economies; and 
Whereas, the Department of Agriculture, Food and Rural Resources and the 
Department of Environmental Protection share an interest in encouraging the 
development of geographically dispersed agricultural composting operations; now, 
therefore, be it 
Sec. 1. Department of Environmental Protection directed to revise rules. 
Resolved: 
That the Commissioner of Environmental Protection shall revise the 
Department of Environment Protection's rules pertaining to the licensing of solid waste 
processing facilities to clearly differentiate licensing requirements for agricultural 
compo sting operations from requirements for operations that compost municipal sludge, 
septage, industrial sludge or other materials with a higher risk of contamination. For the 
purposes of this resolve, "agricultural composting operation" means composting that 
takes place on a farm and uses only animal manure, animal carcasses and offal, fish 
waste, leaves, wood chips, animal bedding and other vegetative waste, produce and other 
vegetable and food waste. The Commissioner of Environmental Protection, in 
consultation with the Commissioner of Agriculture, Food and Rural Resources, shall 
review and revise the tiers that determine volumes of materials that may be composted at 
an agricultural composting operation without triggering the requirement for a waste 
facilities license from the Department of Environmental Protection; and be it further 
COMMITTEE AMENDMENT 
~\. f. \. 
COMMITTEE AMENDMENT" 8" to S.P. 176, L.D. 564 
Sec. 2. 
Department of Agriculture, Food and Rural Resources to 
establish components of a compost management plan. Resolved: 
That the 
Commissioner of Agriculture, Food and Rural Resources, working with the Department 
of Environmental Protection, shall develop necessary components of a compost 
management plan for agricultural composting operations. The purpose of a plan is to 
demonstrate that the facility is designed to prevent the discharge of pollutants, control 
leachates, minimize odors and the dispersion of disease vectors and ensure a stable, high-
quality end product. A compost management plan must be specific to the proposed 
compost site and the farm's available land base for the operation. The 2 departments shall 
provide technical assistance in the development of a compost management plan to 
persons proposing to establish or expand an agricultural composting operation; and be it 
further 
Sec. 3. Commissioners to report to the Joint Standing Committee on 
Agriculture, Conservation and Forestry and the Joint Standing Committee 
on Natural Resources. Resolved: 
That, no later than December 3, 2007, the 
Commissioner of Agriculture, Food and Rural Resources and the Commissioner of 
Environmental Protection shall report to the Joint Standing Committee on Agriculture, 
Conservation and Forestry and the Joint Standing Committee on Natural Resources on the 
status of the rules revision required under section 1, and a description of elements to be 
included in a compost management plan for agricultural composting operations under 
section 2. The commissioners shall report on any other activities initiated or materials 
produced to provide guidance to farmers considering developing or expanding an 
agricultural composting operation. The commissioners shall articulate in their report 
agreement on jurisdictional boundaries relating to oversight of agricultural composting 
operations, unresolved issues and recommendations to further the goal of encouraging 
appropriate siting, design and operation of agricultural compo sting operations; and be it 
further 
Sec. 4. Authority to submit legislation. Resolved: That the Joint Standing 
Committee on Agriculture, Conservation and Forestry may submit legislation pertaining 
to the regulation of agricultural composting operations to the Second Regular Session of 
the 123rd Legislature.' 
SUMMARY 
This amendment changes the bill to a resolve directing the Commissioner of 
Environmental Protection to revise the Department of Environmental Protection's rules 
pertaining to the licensing of agricultural composting operations as waste management 
facilities. The Commissioner of Agriculture, Food and Rural Resources is directed to 
develop components to be included in a compost management plan. The commissioners 
are directed to consult with one another as they proceed with these directives and are 
required to report back to both the Joint Standing Committee on Agriculture, 
Conservation and Forestry and the Joint Standing Committee on Natural Resources. The 
Joint Standing Committee on Agriculture, Conservation and Forestry is authorized to 
submit legislation pertaining to agricultural composting operations during the Second 
Regular Session of the 123rd Legislature. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "8" to S.P. 176, L.D. 564 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 06119107 Mac::.. 
LD564 
LR 446(04) 
An Act To Streamline the Regulation of Agricultural Composters 
Fiscal Note for Bill as Amended by Committee Amendment" fJ " 
Committee: Agriculture, Conservation and Forestry 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
The additional costs associated with this legislation can be absorbed by the Department of Environmental Protection 
and the Department of Agriculture, Food and Rural Resources utilizing existing budgeted resources. 
LR0446(04) - Fiscal Note - Page 1 of 1