LD 1543
pg. 3
Page 2 of 3 PUBLIC Law Chapter 283 LD 1543 Title Page
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LR 1900
Item 1

 
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.

 
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.

 
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.

 
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:

 
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.

 
Sec. 6. 17 MRSA §2805, sub-§6, as amended by PL 1999, c. 723, §2, is
further amended to read:

 
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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