| 5. Complaint resolution. The commissioner shall investigate |
all complaints involving a farm or, farm operation or |
agricultural composting operation, including, but not limited to, |
complaints involving the use of waste products, ground |
groundwater and surface water pollution and insect infestations. |
In cases of insect infestations not arising from agricultural |
activities, when the State Entomologist believes that the |
infestation is a public nuisance and is able to identify the |
source or sources of the infestation, the commissioner shall |
refer the matter to the Department of the Attorney General. If |
the commissioner finds upon investigation that the person |
responsible for the farm or, farm operation or agricultural |
composting operation is using best management practices, the |
commissioner shall notify that person and the complainant of this |
finding in writing. Notwithstanding subsection 2-A, paragraph C, |
if the commissioner identifies the source or sources of the |
problem and finds that the problem is caused by the use of other |
than best management practices, the commissioner shall: |