Maine Revised Statutes > Title 7 > Part 10 – Nutrient Management

Current as of: 2023 | Check for updates | Other versions

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Chapter 747	Nutrient Management Act	4201 – 4214

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Terms Used In Maine Revised Statutes > Title 7 > Part 10 - Nutrient Management

Adult developmental services: means any support or assistance provided, licensed or funded in whole or in part by the department pursuant to chapter 5 or 6 to an adult with an intellectual disability or autism. See Maine Revised Statutes Title 34-B Sec. 1001
Ally: means an individual who a person trusts to provide assistance. See Maine Revised Statutes Title 34-B Sec. 5601
Animal feeding operation: means a lot or facility where animals are confined and fed for a total of at least 45 days in a 12-month period. See Maine Revised Statutes Title 7 Sec. 4201
Animal unit: means 1,000 pounds of animal body weight. See Maine Revised Statutes Title 7 Sec. 4201
Balanced budget: A budget in which receipts equal outlays.
Behavior management: means systematic strategies to prevent the occurrence of challenging behavior or to keep the person or others safe by reducing the factors that lead to challenging behavior or otherwise limiting the person's ability to engage in challenging behavior. See Maine Revised Statutes Title 34-B Sec. 5601
Behavior modification: means teaching strategies, positive support and other interventions to support a person to learn alternatives to challenging behavior. See Maine Revised Statutes Title 34-B Sec. 5601
Blended funding: means funding from all sources from the budgets and funds of the departments that are combined to be used for the provision of care and services under this chapter. See Maine Revised Statutes Title 34-B Sec. 15001
Blender: means any person who blends blend stock with gasoline or who sells or distributes blend stock for the purpose of being blended with gasoline. See Maine Revised Statutes Title 10 Sec. 1453
Board: means the Nutrient Management Review Board established in section 4203. See Maine Revised Statutes Title 7 Sec. 4201
Board: means the Manufactured Housing Board. See Maine Revised Statutes Title 10 Sec. 9002
Bottler: means a person that extracts water in this State to be sold as bottled water. See Maine Revised Statutes Title 22 Sec. 2660-AA
Care: means treatment, services and care for mental health needs, including but not limited to crisis intervention services, outpatient services, respite services, utilization management, acute care, chronic care, residential care, home-based care and hospitalization services. See Maine Revised Statutes Title 34-B Sec. 15001
Child: means a person from birth to 20 years of age who needs care for one of the following reasons:

A. See Maine Revised Statutes Title 34-B Sec. 15001

Child in need of treatment: means :

A. See Maine Revised Statutes Title 34-B Sec. 6201

Commissioner: means the Commissioner of Education or the commissioner's designee. See Maine Revised Statutes Title 20-A Sec. 1

Commissioner: means the Commissioner of Health and Human Services or the commissioner's designee, except that when the term "commissioner and only the commissioner" is used, the term applies only to the person appointed Commissioner of Health and Human Services and not to any designee. See Maine Revised Statutes Title 34-B Sec. 1001

Consignment: means a written or oral agreement between a franchisor and a franchisee whereby the franchisor maintains ownership of motor fuel provided to the franchisee and the franchisee sells the motor fuel on behalf of the franchisor at a price determined by the franchisor. See Maine Revised Statutes Title 10 Sec. 1453

Contaminant: means any physical, chemical, biological or radiological substance or matter in water. See Maine Revised Statutes Title 22 Sec. 2601

Correspondent: means a person designated by the Consumer Advisory Board or its successor to act as a next friend of a person with an intellectual disability or autism. See Maine Revised Statutes Title 34-B Sec. 5001

Counterclaim: A claim that a defendant makes against a plaintiff.

Dealer: means and includes a natural person, firm, corporation, partnership and any other legal entity that is engaged in the business of selling, offering for sale or negotiating the sale of used motor vehicles, except auction businesses licensed by the Secretary of State and includes the officers, agents and employees thereof. See Maine Revised Statutes Title 10 Sec. 1471

Dealer: means a person engaged in the sale, offering for sale, brokering or distribution of manufactured housing to a licensed dealer, developer dealer or consumer. See Maine Revised Statutes Title 10 Sec. 9002

Department: means the Department of Education. See Maine Revised Statutes Title 20-A Sec. 1

Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 34-B Sec. 1001

Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 34-B Sec. 15001

Departments: means the Department of Corrections, the Department of Education and the Department of Health and Human Services. See Maine Revised Statutes Title 34-B Sec. 15001

Developer dealer: means a person who purchases state-certified manufactured housing from a licensed manufacturer or dealer for placement on property owned by the developer dealer and who offers the manufactured housing for sale to the initial purchaser of the manufactured housing. See Maine Revised Statutes Title 10 Sec. 9002

Distributor: shall mean any person engaged in the sale, consignment or distribution of petroleum products to wholesale or retail outlets, whether or not such person owns, leases or in any way controls such outlets;

[PL 1975, c. See Maine Revised Statutes Title 10 Sec. 1453

Dower: A widow

Executor: A male person named in a will to carry out the decedent

Express and informed consent: means consent voluntarily given with sufficient knowledge and comprehension of the subject matter involved so as to enable the person giving consent to make an understanding and enlightened decision, without any element of force, fraud, deceit, duress or other form of constraint or coercion. See Maine Revised Statutes Title 34-B Sec. 5601

Extended service warranty: means a service contract, not a warranty as that term is used in Title 11, Article 2, that promises service in exchange for a fee and may also be referred to as "extended service contract. See Maine Revised Statutes Title 10 Sec. 1471

Family: means those persons that the person defines as included in that person's family, including as appropriate unpaid individuals with whom the person resides. See Maine Revised Statutes Title 34-B Sec. 5001

Family: means the child's family and includes, as applicable to the child, the child's parents, legal guardian and guardian ad litem. See Maine Revised Statutes Title 34-B Sec. 15001

Farm nutrient: means a substance or recognized plant nutrient, element or compound that is used or sold for its plant nutritive content or its claimed nutritive value for use in growing crops. See Maine Revised Statutes Title 7 Sec. 4201

Franchisee: shall mean either a distributor who has entered into a franchise agreement with a refiner or a retail dealer who has entered into a franchise agreement with a distributor or a refiner;

[PL 1975, c. See Maine Revised Statutes Title 10 Sec. 1453

Franchisor: shall mean either a refiner who enters into a franchise agreement with a distributor or retail dealer, or a distributor who enters into a franchise agreement with a retail dealer;

[PL 1975, c. See Maine Revised Statutes Title 10 Sec. 1453

Fraud: Intentional deception resulting in injury to another.

Grantee: means the person to whom a freehold estate or interest in land is conveyed. See Maine Revised Statutes Title 1 Sec. 72

Habilitation: means the process by which an individual is assisted to acquire and maintain those life skills that enable that individual to cope with the demands of that individual's own person and environment, to raise the level of that individual's physical, mental and social efficiency and to upgrade that individual's sense of well-being, including, but not limited to, programs of formal, structured education and treatment. See Maine Revised Statutes Title 34-B Sec. 5601

Incapacitated person: means any person who is impaired by reason of intellectual disability or autism to the extent that the person lacks sufficient understanding or capacity to make, communicate or implement responsible personal decisions or decisions regarding the person's property. See Maine Revised Statutes Title 34-B Sec. 5001

Individual support coordinator: means a regional staff member of the department with the responsibility for coordinating the personal planning and professional services for a person eligible for adult developmental services under this Title. See Maine Revised Statutes Title 34-B Sec. 5001

Infant: means a person who has not attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72

Installation: means :

A. See Maine Revised Statutes Title 10 Sec. 9002

Installer: means a person engaged in the installation or servicing of state-certified manufactured housing. See Maine Revised Statutes Title 10 Sec. 9002

Intellectual disability: means a condition of significantly subaverage intellectual functioning resulting in or associated with concurrent impairments in adaptive behavior and manifested during the developmental period. See Maine Revised Statutes Title 34-B Sec. 5001

Legislative committee: means a joint standing committee of the Legislature, a joint select committee of the Legislature, a task force, commission or council or any other committee established by the Legislature and composed wholly or partly of Legislators for the purpose of conducting legislative business. See Maine Revised Statutes Title 5 Sec. 21

Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).

Livery service: means a service that for a fee arranges, schedules or procures a vehicle for rent or hire or provides a ride for hire. See Maine Revised Statutes Title 10 Sec. 1471

Manufactured housing: means a structural unit or units designed to be used as a dwelling or dwellings and constructed in a manufacturing facility and then transported by the use of its own chassis or placement on an independent chassis to a building site. See Maine Revised Statutes Title 10 Sec. 9002

Manufacturer: means any person engaged in manufacturing or producing manufactured housing and then selling it to a dealer. See Maine Revised Statutes Title 10 Sec. 9002

Mechanic: means an individual engaged in the installation or servicing of HUD-code or pre-HUD-code homes. See Maine Revised Statutes Title 10 Sec. 9002

Mechanical defect: means any defect, failure or malfunction of the mechanical system of a motor vehicle, including but not limited to the motor and transmission, electrical, hydraulic or suspension systems, and any defect, damage, failure or malfunction that affects the safety or normal use of a motor vehicle. See Maine Revised Statutes Title 10 Sec. 1471

Motor vehicle: means any self-propelled vehicle designed primarily to transport not more than 14 individuals, except motorcycles as defined in Title 29?A, section 101, subsection 38, and any vehicles operated exclusively on a rail or rails. See Maine Revised Statutes Title 10 Sec. 1471

Normalization principle: means the principle of assisting the person with an intellectual disability or autism to obtain an existence as close to normal as possible and making available to that person patterns and conditions of everyday life that are as close as possible to the norms and patterns of the mainstream of society. See Maine Revised Statutes Title 34-B Sec. 5601

Nutrient management plan: means a written document that outlines how farm nutrients are stored, managed and utilized on the farm for which the plan is written. See Maine Revised Statutes Title 7 Sec. 4201

Other departments: means the Department of Corrections and the Department of Education. See Maine Revised Statutes Title 34-B Sec. 15001

Parent: means a parent, guardian or legal guardian. See Maine Revised Statutes Title 20-A Sec. 1

Person: means and includes natural persons, corporations, trusts, partnerships, incorporated or unincorporated associations and any other legal entities. See Maine Revised Statutes Title 10 Sec. 1471

Person: means an adult with an intellectual disability or autism. See Maine Revised Statutes Title 34-B Sec. 5001

Person: means an individual or entity, including but not limited to a corporation, partnership, firm, organization, company, homeowner, consumer or purchaser. See Maine Revised Statutes Title 10 Sec. 9002

Person: means any individual, partnership, company, public or private corporation, political subdivision or agency of the State, department, agency or instrumentality of the United States or any other legal entity. See Maine Revised Statutes Title 22 Sec. 2601

Person receiving services: means a person with an intellectual disability or autism receiving services from the department or from an agency or facility licensed or funded to provide services to persons with intellectual disabilities or autism except those presently serving sentences for crime. See Maine Revised Statutes Title 34-B Sec. 5601

Personal planning: means a process that assists and supports each person who has an intellectual disability or autism in creating a vision for how to live in and be a part of the community. See Maine Revised Statutes Title 34-B Sec. 5001

Personal planning team: means the person with an intellectual disability or autism, the person's guardian, if any, the person's individual support coordinator or case manager and other individuals chosen or identified by the person to participate in personal planning. See Maine Revised Statutes Title 34-B Sec. 5001

PFAS: means a perfluoroalkyl substance or polyfluoroalkyl substance that is detectable in drinking water using standard laboratory methods established by the United States Environmental Protection Agency, including regulated PFAS contaminants. See Maine Revised Statutes Title 22 Sec. 2660-AA

Professional services: means services provided by individuals licensed to provide medical or behavioral health care and treatment, including but not limited to physicians, nurses, physical therapists, occupational therapists, psychologists, speech therapists and dentists. See Maine Revised Statutes Title 34-B Sec. 5001

Program: means the Children's Mental Health Program established in section 15002. See Maine Revised Statutes Title 34-B Sec. 15001

Protective services: means services which will separate incapacitated adults from danger, including, but not limited to:

A. See Maine Revised Statutes Title 34-B Sec. 5001

Provider: means an entity, organization or individual providing services to an adult with an intellectual disability or autism, funded in whole or in part or licensed or certified by the department. See Maine Revised Statutes Title 34-B Sec. 5601

Public school: means a school that is governed by a school board of a school administrative unit and funded primarily with public funds. See Maine Revised Statutes Title 20-A Sec. 1

Purchaser: means any person who has obtained ownership of a used motor vehicle from a dealer by transfer, gift or purchase. See Maine Revised Statutes Title 10 Sec. 1471

Reconstructable motor vehicle: means a used motor vehicle that does not meet the inspection standards as set forth in Title 29?A, section 1751, and that is sold, offered for sale or negotiated for sale to a person other than another dealer for the purpose of transportation after repair or rebuilding. See Maine Revised Statutes Title 10 Sec. 1471

Refiner: shall mean any person engaged in the refining or importing of petroleum products;

[PL 1975, c. See Maine Revised Statutes Title 10 Sec. 1453

Region: means any of the regions established by the department. See Maine Revised Statutes Title 34-B Sec. 5001

Regulated PFAS contaminants: means perfluorooctanoic acid, perfluorooctane sulfonic acid, perfluorohexane sulfonic acid, perfluorononanoic acid, perfluoroheptanoic acid and perfluorodecanoic acid. See Maine Revised Statutes Title 22 Sec. 2660-AA

Regulated residual: means a residual regulated by the Department of Environmental Protection pursuant to Title 38, chapter 13 that is used primarily for its nitrogen and phosphorous value as determined by the Department of Agriculture, Conservation and Forestry. See Maine Revised Statutes Title 7 Sec. 4201

Related condition: means a condition that meets the definition in 42 C. See Maine Revised Statutes Title 34-B Sec. 5001

Remainderman: One entitled to the remainder of an estate after a particular reserved right or interest, such as a life tenancy, has expired.

Resident: means a person residing in a state institution or in any other institution which provides services which fall under the jurisdiction of the department. See Maine Revised Statutes Title 34-B Sec. 1001

Residual: means any material generated as a byproduct of a nonagricultural production or treatment process that has value as a source of crop nutrients or soil amendment. See Maine Revised Statutes Title 7 Sec. 4201

Respite care: means temporary care-giving to a child or adult for the purpose of relieving that person's family or another primary care-giver. See Maine Revised Statutes Title 34-B Sec. 6201

Restraint: means a mechanism or action that limits or controls a person's voluntary movement, deprives a person of the use of all or part of the person's body or maintains a person in an area against the person's will by another person's physical presence or coercion. See Maine Revised Statutes Title 34-B Sec. 5601

Retail dealer: shall mean any person who operates a service station, filling station, store, garage or other place of business for the sale of motor fuel for delivery into the service tank or tanks of any vehicle propelled by an internal combustion engine;