Local Health Officer Training

Section 6: You Make the Call

Case Study 2 - Improper Manure Handling (continued)

What is the solution? - Simply remove the pile to the side of the barn may solve the problem.

"Right to Farm"

Clearly, Maine's "Right to Farm" law, states that a farm, farm operation or agricultural composting operation may not be considered a public or private nuisance under Title 17, chapter 91,  if the farm, farm operation or agricultural composting operation alleged to be a nuisance is in compliance with applicable state and federal laws, rules and regulations  (Title 7, Part 1, Chapter 6, Section 153). The right seeks to protect qualifying farmers from nuisance lawsuits filed by individuals who move into a rural area where normal farming operations exist, and who later use nuisance actions to attempt to stop those ongoing operations. As with any law or rule there are always exceptions in the law or rule.

The law also refers to "best management practice" or BMP. Best practices would require that a manure pile be located at least 100 feet from a domestic water supply.  Your information also reveals that the well location pre-dated the establishment of the manure pile, it would appear reasonable to re-locate the manure pile.  Relocating the manure pile would be a prudent and less costly solution.  If the owner is unwilling to move the pile, the LHO and the ACO should request a determination from the Department of Agriculture, Food, Conservation and Forestry.

The Maine Agriculture Protection Act -Title 7, Chapter 6, Paragraph 156 - defines complaint resolution and the way that farm complaints are processed.

Farm Issues – Department of Agriculture Complaint Process

At the end of the complaint process the Department of Agriculture, Food, Conservation and Forestry (Department of Agriculture) will make a (1) decision or determination as to its findings, or (2) a written report on the use of best practices.  The first type of decision is a determination.  Department of Agriculture, Food, Conservation and Forestry will provide a written determination as to whether the farmer (the person responsible for dumping the manure) used best management practices when locating the manure pile.

(1)  If the Department of Agriculture, Food, Conservation, and Forestry finds that the person responsible for the manure pile is following best management practices for manure handling, it is unlikely that a court would request removal of the pile. The complainant and the property owner will receive a copy of the Department of Agriculture, Food, Conservation, and Forestry determination.

(2)  The second type of decision is a written report which states that the person responsible for the manure did not follow best management practices. The Department of Agriculture sends the report to the Department of Environmental Protection and the Maine Attorney General.

The Attorney General can then seek an order which may result in a court order to abate the nuisance.  Court costs can be assessed. If the Department of Agriculture, the Department of Environmental Protection, and the Attorney General's office decide to take the matter to court, the municipality has the authority to do so as well.

It is entirely possible that due to excessive legal actions costs, and the time involved in this type of matter, the municipality will not be willing to go to court. Ultimately, the law favors the complainant and the complainant has the option of pursuing the matter in court.

 

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