LD 1064
pg. 4
Page 3 of 5 PUBLIC Law Chapter 638 Page 5 of 5
Download Chapter Text
LR 455
Item 1

 
site-specific best management practices for that farm
operation or agricultural composting operation;

 
B. Advise the person responsible for the farm or, farm
operation or agricultural composting operation of the
changes, as determined in paragraph A, that are necessary to
conform with best management practices and determine
subsequently if those changes are implemented; and

 
C. Give the findings of the initial investigation and
subsequent investigations and any determination of
compliance to the complainant and person responsible.

 
5-A. Good faith. The Maine Rules of Civil Procedure, Rule 11
applies in any private action filed against the owner or operator
of a farm or, farm operation or agricultural composting operation
in which it is alleged that the farm or, farm operation or
agricultural composting operation constitutes a nuisance if it is
determined that the action was not brought in good faith and was
frivolous or intended for harassment only.

 
6. Failure to adopt best management practices. If the person
responsible for the farm or, farm operation or agricultural
composting 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
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.

 
7. Agricultural Complaint Response Fund. There is
established the nonlapsing Agricultural Complaint Response Fund.
The commissioner may accept funds from any source designated to
be placed in the fund. The commissioner may authorize expenses
from the fund as necessary to investigate complaints involving a
farm or, farm operation or agricultural composting operation and
to abate conditions potentially resulting from farms or, farm
operations or agricultural composting operations.


Page 3 of 5 Top of Page Page 5 of 5
Related Pages
  Search Bill Text Legislative Information
Bill Directory Search
Bill
Status
Session Information
119th Legislature Bills Maine Legislature

Office of Legislative Information
100 State House Station
Augusta, ME 04333
voice: (207) 287-1692
fax: (207) 287-1580
tty: (207) 287-6826
Word Viewer for Windows Disclaimer