| | 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 | forfeiture 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. |
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| | Failure to comply with the conditions set forth in a livestock | operations permit or a variance constitutes a civil violation for | which a forfeiture 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. |
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| | Winter spreading of manure in violation of section 4207 | constitutes a civil violation for which a forfeiture fine of up | to $1,000 per day for every day that spreading occurs may be | adjudged. |
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| | Sec. 5. 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: |
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| | 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. |
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| | Sec. 6. 17 MRSA §2805, sub-§6, as amended by PL 1999, c. 723, §2, is | further amended to read: |
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| | 6. Failure to adopt best management practices. If 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 forfeiture fine of up to $1,000, | together with an additional forfeiture fine of up to $250 per day | for every day that the violation continues, may be adjudged. |
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