Sec. 4. 17 MRSA §2805, sub-§6, as amended by PL 1993, c. 124, §4, is further amended to read:

6. Failure to adopt best management practices. If the person responsible for the farm or farm operation does not adopt 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 and such injunctive relief as provided in this section or by other applicable law. Failure to apply best management practices in accordance with this section constitutes a separate civil violation for which a forfeiture of up to $1,000, together with an additional forfeiture of up to $250 per day for every day that the violation continues, may be adjudged.

Sec. 5. 17 MRSA §2805, sub-§9 is enacted to read:

9.__Educational outreach.__The Commissioner of Agriculture, Food and Rural Resources shall conduct an educational outreach program for the agricultural community to increase awareness of the provisions of this section and the currently adopted best management practices of the Department of Agriculture, Food and Rural Resources.__The commissioner shall inform the public about the provisions of this section, the complaint resolution process adopted by the department and state policy with respect to preservation and protection of agricultural and natural resources.

SUMMARY

This bill accomplishes the following.

Current law provides that a farm operation may not be considered a nuisance if the farm operation predates a change in land use or occupancy within one mile of its borders, or if the farm operation conforms to best management practices. This bill clarifies that a farm operation that predates a land use or occupancy change within one mile of its borders and makes a material change to its farm operation after the land use change