LD 2246
pg. 2
Page 1 of 13 An Act to Amend the Nutrient Management Laws Page 3 of 13
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LR 3079
Item 1

 
section 4204, subsection 8 or a certification under section
4210, the board shall hold a hearing in accordance with Title
5, chapter 375, subchapter IV. 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.

 
Sec. 4. 7 MRSA §§4204 and 4205, as enacted by PL 1997, c. 642, §2,
are amended to read:

 
§4204. Nutrient management plan

 
1. Nutrient management plan required. Except as provided in
subsection 4, beginning on December 1, 1998, a A person who owns
or operates a farm that meets the criteria established in
subsection 2 shall have a nutrient management plan for that farm
and shall implement the provisions in that plan by the dates
specified for that category of farm in subsection 4, 5, 6 or 7.
The nutrient management plan must be prepared by a person
certified in accordance with section 4202, subsection 2 and must
address the storage and utilization of all farm nutrients
generated on or transported to the farm. A nutrient management
plan developed by a farm owner or operator is deemed to have been
prepared by a certified nutrient management specialist if a
certified nutrient management specialist reviews the plan for
compliance with this chapter, signs the plan and notifies the
department in accordance with subsection 3. For livestock farms,
the nutrient management plan must address storage and utilization
of farm nutrients for the entire farm operation including leased
or rented land. For crop farms, the plan must address storage
and utilization of farm nutrients on land on which manure is
utilized or stored. The plan must establish minimum distances
between manure storage, stacking and spreading areas and property
lines and surface water based on site-specific factors.__The plan
must provide for manure storage for a minimum of 180 days. A
copy of a nutrient management plan required under this section
must be available to the commissioner or the commissioner's
designee upon request. A nutrient management plan must include
the following:

 
A. Provisions for soil erosion control;

 
B. Minimum distances between manure storage, stacking and
spreading areas and property lines and surface waters;

 
C. Results of soil tests for land designated in the plan
for manure spreading or manure irrigation;

 
D. Results of manure tests;


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