CHAPTER 64
S.P. 266 - L.D. 913
An Act Regarding Variances to the Implementation Dates of the Nutrient Management Law
Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the State is encountering increasing numbers of variance requests from Maine citizens regarding the writing and certification of nutrient management plans that have a due date of January 1, 2001; and
Whereas, the Department of Agriculture, Food and Rural Resources does not have clear legislative language to adequately grant variances on the January 1, 2001 due date to Maine farms under current Maine law; and
Whereas, the Department of Agriculture, Food and Rural Resources may need to ask the Department of the Attorney General to seek penalties as of January 1, 2001 if no variances are issued by the department; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 7 MRSA §4204, sub-§4, as amended by PL 1999, c. 530, §4, is further amended to read:
4. Compliance date for farms operational on March 31, 1998. Except for a farm requiring a livestock operations permit under section 4205 or as provided in subsection 8, an owner or operator of a farm that was operational on March 31, 1998 and meets the criteria established in subsection 2, paragraph A or B shall have a nutrient management plan prepared for that farm no later than January 1, 2001. Except as provided in subsection 8, the plan must be implemented no later than October 1, 2007.
Sec. 2. 7 MRSA §4204, sub-§8, as enacted by PL 1999, c. 530, §4, is amended to read:
8. Variances. For farms with compliance dates established in subsection 4, the commissioner may grant a variance from the date by which a nutrient management plan must be prepared and certified when the commissioner finds that technical assistance or resources are not available to complete and certify the plan by January 1, 2001. The commissioner may grant a variance from the implementation date in subsection 4, 5 or 6 when the commissioner finds that implementation of the plan would cause undue hardship. A person requesting a variance shall submit a request in writing to the commissioner at least 90 days prior to the applicable implementation date. The commissioner shall establish by rule criteria and a process for granting a variance. Factors considered must include protection of groundwater and surface water, cost of implementing the plan and, availability of financial assistance to implement the plan and availability of technical assistance or resources to complete and certify the plan. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter II-A. Notwithstanding the provisions of this subsection, a variance may not extend an implementation date beyond December 31, 2008. A person denied a variance by the commissioner may appeal that decision to the board.
Sec. 3. Appropriation. The following funds are appropriated from the General Fund to carry out the purposes of this Act.
2001-02 2002-03
AGRICULTURE, FOOD AND RURAL RESOURCES, DEPARTMENT OF
Office of Agricultural, Natural and Rural Resources
Personal Services $9,851 $9,851
All Other (9,851) (9,851)
Provides funds to implement a reclassification that has been approved by the Department of Administrative and Financial Services, Bureau of Human Resources.
DEPARTMENT OF AGRICULTURE, FOOD AND RURAL RESOURCES ____________ ____________
TOTAL $0 $0
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.
Effective April 12, 2001.
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