An Act To Streamline the Regulation of Agricultural Composters II
Maine Legislature, Session 123, LD 0564
Committee Amendment CA_A_S318 (Senate)
Amends: 7 MRSA §4203

Majority 
COMMITTEE AMENDMENT '~ " to S.P. 176, L.D. 564, Bill, "An Act To 
Streamline the Regulation of Agricultural Composters" 
II 
Amend the biU by inserting after the enacting clause the following: 
'Sec. 1. 7 MRSA §4203, sub-§l, ~, as amended by PL 2003, c. 283, §2, is 
further amended to read: 
B. When an aggrieved party within 30 days of the commissioner's decision appeals a 
IS 
decision of the commissioner regarding a livestock operations permit under section 
4205, a request for a variance under section 4204, subsection 8 6f~ a certification 
under section 4210 or a commercial agricultural composting operations permit under 
section 4302, the board shall hold a hearing in accordance with Title 5, chapter 375, 
subchapter 4. 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; 
and 
Sec. 2. 7 MRSA §4203, sub-§l, ~C, as enacted by PL 2003, c. 283, §2, is further 
amended to read: 
C. When an aggrieved party within 30 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, section 2701-B or 2805 
or regarding best management practices prescribed for a commercial agricultural 
composting operations permit under section 4302, 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 
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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, section 2701-B or 2805.' 
Amend the bill in section 1 in §430 1 by striking out all of subsection 5 (page 1, lines 
and 28 in L.D.) and inserting the following: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to S.P. 176, L.D. 564 
'5. Farm. "Fann" means land on which the commercial production of crops and 
animals useful to humans occurs, including, but not limited to, the production of seed, 
forages, sod, grains, feed, berries, flowers, vegetables, milk and milk products, poultry 
and poultry products, livestock and livestock products and other plants grown or animals 
raised for food, feed or fiber. To qualify as a fann under this chapter, the person owning 
or operating the fann must file an Internal Revenue Tax Form 1040 under the appropriate 
schedule for the reporting of profit or loss from a fann. ' 
Amend the bill in section 1 by striking out all of §§4302 and 4303 and inserting the 
following: 
'§4302. Commercial agricultural composting operations permit 
Beginning on January 1, 2008, a pennit issued by the commissioner pursuant to this 
section is required for a commercial agricultural composting operation. 
1. 
Permit applications for commercial agricultural composting operation 
operational on April 1. 2007. An owner or operator of a commercial agricultural 
composting operation that was operational on April 1, 2007 shall submit an application 
on a form prescribed by the commissioner no later than October 31, 2007. 
The 
commissioner shall issue a permit for a commercial agricultural composting operation in 
accordance with rules adopted under subsection 3. 
2. Permitting of a commercial agricultural composting operation expanding or 
becoming operational after April 1, 2007. 
A person developing a commercial 
agricultural composting operation after April 1, 2007 shall obtain a pennit from the 
commissioner prior to the facility becoming operational. 
A person proposing the 
expansion or significant modification of an operation eligible for pennitting or permitted 
under subsection 1 shall obtain a pennit prior to the expansion or modification of that 
operation. An applicant for a penn it under this subsection shall submit an application on 
a fonn prescribed by the commissioner and the design and operation plans for the new 
operation or expansion or modification of an existing operation. 
Upon receipt of an application under this subsection, the commissioner shall provide the 
Commissioner of Environmental Protection with a copy of the application and the design 
and operation plans. The commissioner shall review the application materials, consider 
written comments submitted by the Department of Environmental Protection and evaluate 
the proposal's confonnity to best management practices established under subsection 3 
prior to issuing a penn it. A pennit may not be issued under this subsection without the 
approval of both departments. 
The departments shall enter into a memorandum of 
agreement to facilitate application review and pennitting decisions. 
3. 
Rulemaking. 
The commissioner shall adopt rules to establish criteria for 
reviewing applications and issuing penn its and to establish application fees for new and 
expanding operations based on the capacity of the proposed operation and other rules 
necessary to implement this chapter. The rules must describe the required components of 
the design and operation plans to be submitted under subsection 2. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "/1 "to S.P.176, L.D. 564 
The commissioner shall adopt rules to establish best management practices for 
commercial agricultural composting operations. a process for developing site-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. 
4. Inspection; assistance. The commissioner or commissioner's designee may enter 
the premises of a commercial agricultural compo sting 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 standard 
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 site-specific 
best management practices for that operation. 
At the commissioner's request, an 
employee of the Department of Environmental Protection designated by the 
Commissioner of Environmental Protection may enter the premises of a commercial 
agricultural composting operation to assist in developing best management practices to 
prevent an adverse impact on water quality. 
5. Permit fees. A permit fee of $25 must accompany an application submitted under 
subsection 1. The commissioner shall establish permit fees for proposals reviewed under 
subsection 2 through rulemaking. The fees may not be less than $25 or more than $100. 
The appropriate fee must accompany the application. The commissioner shall deposit all 
permit fees received under this section into the Nutrient Management Fund established in 
section 4208. 
6. Violations. The following are civil violations for which a fine of up to $1.000 
plus an additional $250 a day for each day the violation continues may be adjUdged: 
A. Operation of a commercial agricultural composting operation without a permit; 
and 
B. Failure to implement best management practices in accordance with rules adopted 
under subsection 3 or site-specific best management practices developed under 
subsection 4. 
7. Enforcement of environmental laws. If the commissioner finds that a possible 
violation of Title 38. chapter 3 or 13 has occurred, 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. Both departments shall work with the 
Attorney General to take appropriate enforcement action. 
§4303. Revocation of commercial agricultural composting operation permit 
If the commissioner finds that a person issued a permit under section 4302 has failed 
to comply with the best management practices, the commissioner may revoke that 
person's permit. 
1. Notice. The commissioner shall give written notice of a revocation immediately 
following a decision to revoke. A notice of revocation must state the reason the permit is 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to S.P. 176, L.D. 564 
being revoked and the effective date of the revocation and must inform the person of the 
hearing provisions under subsection 2 and the appeals process under subsection 3. 
2. Hearing. A person receiving a notice of revocation under subsection 1 may 
request a hearing on that revocation. A request for a hearing must be in writing and must 
be made not later than 30 days after receipt of the revocation notice required under 
subsection 1. The commissioner shall notify the person of the date and location of the 
hearing. 
A person may present evidence at a hearing that might justify reinstatement of the 
permit. 
3. Decisions; appeal. Decisions of the commissioner must be in writing. A person 
whose pennit is revoked by the commissioner may appeal that decision to the Nutrient 
Management Review Board. ' 
Amend the bill in section 2 in §373 in the first paragraph in the 5th line (page 2, line 
in L.D.) by striking out the foIlowing: 
"4303, subsection 4" and inserting the 
following: '4302, subsection 7' 
Amend the bill in section 2 in §373 in the first paragraph in the next to the last line 
(page 3, line 1 in L.D.) by inserting after the following: "and" the following: 'working 
with the Department of Agriculture, Food and Rural Resources and the Attorney General' 
Amend the bill in section 3 in subsection 20 in the first paragraph in the 2nd line from 
the end (page 3, line 10 in L.D.) by striking out the following: "4303, subsection 4" and 
inserting the following: '4302, subsection 7' 
Amend the bill in section 3 in subsection 20 in the first paragraph in the last line 
(page 3, line 11 in L.D.) by inserting after the following: "and" the following: 'working 
with the Department of Agriculture, Food and Rural Resources and the Attorney General' 
Amend the bill by inserting after section 3 the following: 
'Sec. 4. Appropriations and allocations. The following appropriations and 
allocations are made. 
AGRICULTURE, FOOD AND RURAL RESOURCES, DEPARTMENT OF 
Division of Animal Health and Industry 0394 
Initiative: Provides funding for one additional Agricultural Compliance Supervisor 
position and operating costs necessary to administer certain agricultural composting 
requirements. 
GENERAL FUND 
2007-08 
2008-09 
POSITIONS - LEGISLATIVE COUNT 
1.000 
1.000 
Personal Services 
$53,303 
$48,929 
All Other 
$12,126 
$10,322 
GENERAL FUND TOTAL 
$65,429 
$59,251 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A" to S.P. 176, L.D. 564 
Sec. 5. Effective date. Those sections of this Act that enact the Maine Revised 
Statutes, Title 38, section 373 and section 1304, subsection 20 take effect January 1, 
2008.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment is the majority report. It replaces the registration requirement for 
commercial agricultural composting operations with permitting provisions. It requires 
proposals for new commercial agricultural composting operations and proposed 
expansions and significant modifications of existing operations after April 1, 2007 to 
submit design and operation plans with an application to the Commissioner of 
Agriculture, Food and Rural Resources. 
It provides for review of the plans by the 
Department of Environmental Protection. 
It provides for the Nutrient Management 
Review Board to function as an appeals board for persons aggrieved by a decision of the 
Commissioner of Agriculture, Food and Rural Resources to revoke a permit. It amends 
the definition of "farm." It adds an appropriations and allocations section to the bill. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 06/12/07 
~ac 
Net Cost (Savings) 
General Fund 
LD564 
LR446(02) 
An Act To Streamline the Regulation of Agricultural Composters 
Fiscal Note for Bill as Amended by Committee Amendment "A " 
Committee: Agriculture, Conservation and Forestry 
Fiscal Note Required: Yes 
Fiscal Note 
2007-08 
2008-09 
Projections 
2009-10 
$65,429 
$59,251 
$0 
Appropriations! Allocations 
General Fund 
$65,429 
$59,251 
$0 
Revenue 
Other Special Revenue Funds 
($2,000) 
($2,000) 
($2,000) 
Fiscal Detail and Notes 
Projections 
2010-11 
$0 
$0 
($2,000) 
This bill includes General Fund appropriations of $65,429 and $59,251 in fiscal years 2007-08 and 2008-09, 
respectively, for the Department of Agriculture, Food and Rural Resources for one additional Agricultural 
Compliance Supervisor position and operating costs necessary to administer certain agricultural composting 
requirements. In addition, the Nutrient Management Fund within the department will experience a minor increase in 
dedicated revenue from certain agricultural composting fees. 
The Department of Environmental Protection will incur minor costs to provide assistance in composting facility 
compliance and other activities. In addition, certain composting facilities will no longer require a DEP license, 
resulting in a loss of approximately $2,000 each year in annual licensing fees to the Maine Environmental Protection 
Fund within the Department of Environmental Protection. 
LR0446(02) - Fiscal Note - Page 1 of 1