Maine Revised Statutes Title 7 Sec. 156 – Complaint resolution
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The commissioner shall investigate all complaints involving a farm, farm operation or agricultural composting operation, including, but not limited to, complaints involving the use of waste products, 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, 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 section 153, subsection 3, 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: [PL 2007, c. 649, §3 (NEW).]
1. Changes. Determine the changes needed in the farm, farm operation or agricultural composting operation to comply with best management practices and prescribe site-specific best management practices for that farm, farm operation or agricultural composting operation;
[PL 2007, c. 649, §3 (NEW).]
Terms Used In Maine Revised Statutes Title 7 Sec. 156
- Agricultural composting operation: means composting that takes place on a farm. See Maine Revised Statutes Title 7 Sec. 152
- Composting: means the controlled aerobic decomposition of organic materials to produce a soil-like product beneficial to plant growth and suitable for agronomic use. See Maine Revised Statutes Title 7 Sec. 152
- Farm: means the land, plants, animals, buildings, structures, ponds and machinery used in the commercial production of agricultural products. See Maine Revised Statutes Title 7 Sec. 152
- Farm operation: means a condition or activity that occurs on a farm in connection with the commercial production of agricultural products and includes, but is not limited to, operations giving rise to noise, odors, dust, insects and fumes; operation of machinery and irrigation pumps; disposal of manure; agricultural support services; and the employment and use of labor. See Maine Revised Statutes Title 7 Sec. 152
- in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72
2. Advise person responsible. Advise the person responsible for the farm, farm operation or agricultural composting operation of the changes, as determined in subsection 1, that are necessary to conform with best management practices and determine subsequently if those changes are implemented; and
[PL 2007, c. 649, §3 (NEW).]
3. Findings. Give the findings of the initial investigation and subsequent investigations and any determination of compliance to the complainant and person responsible.
[PL 2007, c. 649, §3 (NEW).]
SECTION HISTORY
PL 2007, c. 649, §3 (NEW).