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C. "Farm product" means those plants and animals useful to | | humans and includes, but is not limited to forages and sod | | crops, grains and food crops, dairy products, poultry and | | poultry products, bees, livestock and livestock products and | | fruits, berries, vegetables, flowers, seeds, grasses and other | | similar products. |
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| | | D.__"Agricultural composting operation" means composting | | that takes place on a farm.__"Agricultural composting | | operation" does not include an operation that involves | | nonorganic municipal solid waste or that composts municipal | | sludge, septage, industrial solid waste or industrial | | sludge. "Agricultural composting operation" does not include__ | | an operation that composts materials with a moderate or high | | risk of contamination from heavy metals, volatile and | | semivolatile organic compounds, polychlorinated biphenyls or | | dioxin. |
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| | | E.__"Composting" means the controlled aerobic decomposition | | of organic materials to produce a soil-like product | | beneficial to plant growth and suitable for agronomic use. |
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| | | 2-A. Farm, farm operation or agricultural composting operation | not nuisance. A farm or, farm operation or agricultural | | composting operation may not be considered a public or private | nuisance if the farm or, farm operation or agricultural | | composting operation alleged to be a nuisance is in compliance | | with applicable state and federal laws, rules and regulations and | | meets one of the following conditions: |
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| | A. The farm or, farm operation or agricultural composting | | operation conforms to best management practices, as | | determined by the Commissioner of Agriculture, Food and | | Rural Resources in accordance with the Maine Administrative | | Procedure Act, Title 5, chapter 375; |
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| | | B. For complaints regarding the storage or use of farm | | nutrients as defined in Title 7, section 4201, subsection 4, | | the farm or farm operation has implemented a nutrient | | management plan developed in accordance with Title 7, | | section 4204 and operation of the farm is consistent with | | the nutrient management plan; or |
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| | | C. The farm or farm operation existed before a change in the | | land use or occupancy of land within one mile of the boundaries | | of the farm as long as, before the change in land use or | | occupancy, the farm or farm operation would not have been | | considered a nuisance. This paragraph does not apply to a farm | | or farm operation that materially changes the |
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