Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 211 - RULES FOR THE DISPOSAL OF ANIMAL CARCASSES › Section 001-211-2 - DEFINITIONS

Current through 2024-29, July 17, 2024
1.
Agricultural Composting Operation
				-
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 semi-volatile
				organic compounds, polychlorinated biphenyls or dioxin.
2.
Agricultural Products -
Agricultural products means those plants and animals and their products that
				are useful to humans and includes, but is not limited to, forages and sod
				crops, grains and feed crops, dairy and dairy products, poultry and poultry
				products, bees and bees' products, livestock and livestock products and fruits,
				berries, vegetables, flowers, seeds, grasses and other similar products, or any
				other plant, animal or plant or animal products that supply humans with food,
				feed, fiber or fur. Agricultural products does not include trees grown and
				harvested for forest products.
3.
Air Curtain Incinerator-
A portable or stationary combustion
				device that directs a plane of high velocity, forced air through a manifold
				head into a pit with vertical walls in such a manner as to maintain a curtain
				of air over the surface of the pit and a re-circulating motion of the air under
				the curtain. An air curtain incinerator is considered open burning.
4.
Alkaline Hydrolysis-
A
				process by which carcasses are treated in a vessel using high temperatures and
				pressure in a strong solution of sodium or potassium hydroxide.
5.
Anaerobic
- Indicates lack of
				oxygen. A process that proceeds without oxygen.
6.
Anaerobic Digestion-
A
				process in which carcasses and other organic wastes are decomposed in a heated
				vessel in which there is no oxygen.
7.
Animal Baiting Site
-
				Locations at which offal, animal carcasses or other potential food sources are
				placed in order to attract wild animals. These are often used by coyote and
				bear hunters.
8.
Animal
				Carcass(es)-
Body(ies) or body parts of dead animals, including but not
				limited to pets, livestock and poultry. Carcasses may be mixed with manure and
				bedding or other organic materials which cannot be separated from the animal
				carcasses.
9.
Animals/
				Carcasses, Large-
Animals such as cows and horses weighing 500 lbs or
				more.
10.
Animals/Carcasses,
				Mid-size -
Animals such as sheep, goats and deer weighing between 100
				and 500 lbs.
11.
Animals/Carcasses,Small -
Animals which weigh 100 lbs. or
				less.
12.
Animal Unit
				-
One Animal Unit is the equivalent of 1000 lbs. of animal
				carcasses.
13.
BACT
-
				Best Available Control Technology - An approach to selecting air emission
				controls considering economic, environmental and energy impacts.
14.
Bar-
A measure of pressure.
				One bar is equivalent to about 14.5 lbs per square inch, or about one
				atmosphere.
15.
BMP - Best
				Management Practice
- Agricultural practices that have been identified
				by the Commissioner as 'best' based on a combination of factors including
				environmental impact, impact on animal or human health, practicality for
				implementation, effectiveness in the production system, and cost.
16.
BSE-
Bovine Spongiform
				Encephalopathy. A neurological disease of cattle. (See Transmissable Spongiform
				Encephalopathy (TSE))
17.
BPT-
Best Practical (or Practicable) Treatment
-
A
				treatment technology or method that achieves the greatest reduction in
				pollution at a reasonable cost.
18.
Burial
- A process by which animal carcasses are disposed of by
				placement within an excavation into the soil or upon the soil surface where
				they are then covered by soil material.
19.
Catastrophe (Catastrophic
				Event)-
An unexpected occurrence or set of circumstances such as a fire,
				disease outbreak, flood or other disaster resulting in multiple animal
				carcasses demanding immediate action.
20.
Commercial Composter (of carcasses
				or offal)-
A business that receives and composts animal carcasses or
				offal from other farms, businesses or individuals.
21.
Commissioner-
Shall mean the
				Commissioner of the Department of Agriculture, Food and Rural Resources or
				his/her designee.
22.
Compost
				Medium (pl Media)-
The relatively dry bulky organic material that forms
				the matrix within which carcasses or offal are composted.
23.
Composting-
Composting is
				the natural biological degradation of plant and animal matter in a controlled,
				well aerated system. When oxygen, moisture, nitrogen and carbon are available
				in the right proportions, the degradation generates considerable quantities of
				heat, reaching temperatures of 130° to 170° F. This sustained high
				temperature is responsible for the virtually complete destruction of pathogenic
				organisms and weed seeds in the composted material. The process also results in
				a humus-like product that has its nutrients in a much more stable form than the
				uncomposted wastes making it safer and easier to store and use.
24.
Composting, In-house -
An
				emergency carcass disposal technique in which compost windrows are formed
				within the building(s) that housed the animals to be composted. This generally
				applies to poultry that are raised in open floor buildings on litter.
25.
Composting, In-vessel -
Compost systems that incorporate some type of vessel. Most of these
				systems use some form of active aeration to provide the needed oxygen. One
				system that has been used to compost poultry mortalities from an avian
				influenza outbreak utilized the large plastic 'bags' designed for feed storage
				with aeration tubes inside. Most of these systems are best suited to small
				carcasses or carcasses that have been ground or cut into pieces that can be
				managed by the system.
26.
Composting, Precondition and Turn Method
- A composting system
				that was developed specifically for disposal of animal carcasses and
				slaughterhouse wastes. In this method, the carcass or body parts are placed
				between layers of dry absorbent bedding or other compost media. The carcasses
				or body parts are then allowed to decompose without disturbance for a period of
				time, which varies with carcass size and other factors. Once this
				pre-conditioning period is done, the pile or windrow is then turned similar to
				the turned windrow system. This method may be used for both routine and
				emergency situations and for both large and small carcasses and slaughterhouse
				wastes (offal) of all types.
27.
Composting,Static Pile -
The static pile method of composting uses
				a pile of compostable material that is not agitated or turned. The initial
				mixing of the carcasses with the bulking agent must be sufficient to allow
				proper air flow and effective composting. Aerobic conditions are maintained by
				natural ventilation of the pile that is enhanced by using materials that
				maintain relatively high pile porosity. This approach applies primarily to
				poultry and other small carcasses.
28.
Composting, Static Pile (Aerated)
				-
In the aerated static pile method (also known as the Beltsville Method
				or Rutgers Method), the compost is not agitated or turned. The initial mixing
				of the carcasses with the bulking agent must be sufficient to allow proper air
				flow and effective composting. Aerobic conditions are maintained by
				mechanically drawing, or blowing air through the pile. This approach applies
				primarily to poultry and other small carcasses.
29.
Composting, Turned Windrow -
The turned windrow method is a compost system, in which the compost mixture is
				placed in rows and turned periodically during the compost cycle. The turning
				action supplies oxygen through gas exchange, thereby creating natural
				ventilation. This system only applies to small carcasses, small body parts or
				ground carcasses.
30.
Composting,University of Maryland Bin Composting System-
A
				composting system developed by the University of Maryland and the Delaware
				Cooperative Extension for disposing of the routine mortality from commercial
				broiler operations.This system utilizes covered bins and only applies to small
				or medium size carcasses or small body parts.
31.
Contained Facilities-
Structures built to house compost or curing piles thatinclude impervious
				surfaces and are covered so as to exclude precipitation.
32.
Chronic Wasting Disease-
A
				neurological disease of members of the deer family. (See Transmissable
				Spongiform Encephalopathy (TSE))
33.
DEP -
The Maine Department
				of Environmental Protection.
34.
Department
- The Maine Department of Agriculture, Food and Rural
				Resources.
35.
District-
A Soil and Water Conservation District as established in
				12 MRSA Sections1 - 7.
36.
Emergency-
An emergency is a situation in which a catastrophe
				occurs resulting in large numbers of animal carcasses and there is no approved
				disposal plan or the approved disposal plan cannot be implemented.
37.
Farm -
Farm means the land,
				plants, animals, buildings, structures, ponds and machinery used in the
				production of agricultural products.
38.
Farm, Commercial-
A farm or
				farming operation that generates at least $2,000 from agricultural products per
				year.
39.
Farm Operation
				-
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.
40.
Fermentation (Lactic
				Acid or Acid)-
A process in which ground tissue and a fermentable
				carbohydrate is mixed with an inoculant (usually Lactobacillus acidophilus) and
				allowed to ferment under anaerobic conditions at a temperature near 35°C
				(95°F).
41.
Flood Plain
				-
The lowland and relatively flat areas adjoining inland and coastal
				waters, including flood prone areas of offshore islands, which are periodically
				inundated by flood water.
42.
Gasification-
A combustion process conducted in a low oxygen
				environment. Gasification is conducted in an enclosed device using controlled
				flame combustion used to burn (combust) animal carcasses or offal, reducing
				them to ash. Hot gases are recirculated in the process, increasing internal
				temperatures and reducing particulate matter emissions.
43.
Handle (Handling) -
To
				store, transfer, collect, separate, transport, salvage, process, reduce,
				recover, incinerate, treat or dispose of.
44.
Incineration-
The
				destruction of animal carcass soft tissue and most of the hard tissue by means
				of controlled combustion.
45.
Incinerator, Standard (In-vessel)-
An enclosed device using
				controlled flame combustion to burn (combust) animal carcasses or offal,
				reducing them to ash.
46.
Intermittent Stream -
A stream or portion of a stream that flows
				for part of the year. Intermittent streams do not show up as a blue line on
				United States Geological Service (USGS) 7.5 or 15 minute topographic maps. They
				do not include man-made ditches, except where a ditch is dug as a diversion to
				an intermittent stream.
47.
Landfill-
A discrete area of land or an excavation used for the
				disposal of solid waste.
48.
Limiting Factor (Soil) -
Seasonal high groundwater table, sand or
				gravel layers or bedrock.
49.
MRSA or MRS-
The Maine Revised Statutes Annotated or Maine Revised
				Statutes. Maine laws organized by title number, chapter and section.
50.
Neurological Disease
				Symptoms-
Neurological diseases are disorders of the brain, spinal cord
				and nerves. Symptoms of neurological diseases often include: behavioral changes
				such as aggression or nervousness; abnormal posture; lack of coordination;
				inability or difficulty in rising or walking; decreased milk production; and/or
				weight loss with normal appetite.
51.
Normal Mortality -
Mortality
				which occurs routinely and is not the result of disease epidemic, inoculation,
				experimental treatment or farming disaster such as fire or suffocation. While
				exact normal mortality numbers are not known, normal mortality is something
				planned for and can be expected.
52.
Nutrient Management Plan
				(NMP)-
A plan developed in accordance with 7 MRS Chapter 747, which
				identifies all sources of plant nutrients generated or utilized on a farm and
				specifies appropriate application rates, setbacks from sensitive features and
				application methods.
53.
Offal-
Unwanted or unused body parts remaining from butchering or
				slaughtering animals.
54.
Owner (see Responsible Party)-
Any person who owns, operates or
				occupies a farm or other regulated facility where animals reside. This
				definition also includes individuals who own animals.
55.
Pathogen-
An organism,
				chiefly a microorganism, including: viruses, bacteria, fungi, helminth ova, and
				all forms of animal parasites and protozoa capable of producing an infection or
				disease in a susceptible host.
56.
Person-
Any individual, partnership, association, firm, company,
				corporation, department, agency, group, including a city, town, county, state,
				federal or other governmental unit, or any other entity responsible for an
				activity subject to these rules.
57.
Perennial Waterbody-
A
				waterbody which shows up as a blue line on a 7.5 or 15 minute USGS topographic
				map. The term waterbody includes, but is not limited to, natural and artificial
				lakes, ponds, brooks, rivers, streams, bogs, swamps, marshes and tidal
				marshes.
58.
Plasma Arc
				Gasification-
The conversion of matter to a plasma. Plasma is a gas that
				has been ionized by passing it through the electrical arc of a plasma torch.
				Plasma torches operate at temperatures from 1500° C to over 7000°C.
				Extremely hot plasma arc torches have been used to gasify (or vitrify) solid
				wastes. The result is gases and a rock-like or glass-like residue.
59.
Poultry -
All domesticated
				birds which are bred for the primary purpose of producing eggs, meat, down or
				feathers.
60.
Prion -
A naturally occurring protein in nervous tissue that can be converted
				into a disease-causing form. Such agents propagate by transmitting a mis-folded
				protein state that induces a change in existing polypeptides in the host
				organism. Mis-folded prions are thought to be the causative agent for all known
				TSEs (See Transmissible Spongiform Encephalopathy).
61.
Public Water System -
Any
				publicly or privately-owned system of pipes, structures and facilities through
				which water is obtained for or sold, furnished or distributed for human
				consumption; provided that such system has at least 15 service connections or
				regularly serves an average of at least 25 individuals daily at least 60 days
				out of the year or bottles water for sale.
62.
Pyre-
A stack of combustible
				material used to burn a carcass. These are generally constructed in the open
				air with layers of wood, straw, hay, coal or other combustible material meant
				to achieve temperatures high enough to completely reduce the carcasses to
				ash.
63.
Pyrolysis-
See gasification.
64.
Qualified Individual -
A person who demonstrates to the
				Commissioner that he/she has sufficient training and/or expertise to develop an
				animal carcass disposal plan.
65.
Qualified Professional-
Individuals who have the training and
				experience necessary to evaluate, select and design modifications for animal
				carcass disposal sites. This includes but is not limited to licensed soil
				scientists, NRCS field staff, SWCD soil technicians, engineers and others
				approved by the Commissioner.
66.
Regulated Activity or Facility-
An activity or facility that
				handles, manages, processes, transports or disposes of domestic animal
				carcasses or offal.
67.
Rendering or Processing Facility -
Any structure, machine, device
				or system, or combination thereof, designed and operated for the purpose of
				making an animal feed or feed supplement from animal carcasses or
				parts.
68.
Responsible Party
				-
Any person who alone or in conjunction with others is responsible for
				the animal carcasses.
69.
Routine Mortality -
See Normal Mortality.
70.
Sand and Gravel Deposit-
A
				surficial geological deposit such as an esker, outwash plain, glaciomarine
				delta, kame, stratified moraine or other stratified deposits commonly
				consisting of sand and/or gravel.
71.
Secure Container -
A
				container that is watertight and has a cover that will prevent access by
				mammals or birds. A container that will prevent any bodies, body parts
				(including feathers) or fluids from leaking, falling, spilling or blowing out
				of the container.
72.
Secure
				Landfill -
A landfill that utilizes a liner system, a leachate
				collection and treatment system and a final cover system to minimize discharges
				of waste or leachate and to control the release of gas to the
				environment.
73.
Scrapie-
A neurological disease of sheep and goats. (See Transmissable Spongiform
				Encephalopathy (TSE))
74.
Significant Sand and Gravel Aquifer-
A porous formation of
				ice-contact and glacial outwash sand and gravel that contains significant
				recoverable quantities of water (greater than ten (10) gallons per minute from
				a properly installed well).
NOTE:
Some of the State's significant sand and
				  gravel aquifers are mapped by the Maine Geological Survey.
75.
Soil Textural Classes
-
				Names given to soil units or masses, referring to the relative proportions of
				sand, silt and clay that they contain based on USDA and Natural Resources
				Conservation Service (NRCS) classification. Examples are: loam, clay, sandy
				loam, etc.
76.
Thermal
				Depolymerization
(TDP) - Thermal depolymerization is a process for the
				reduction of complex organic materials (often waste products) into light crude
				oil by superheating them in the presence of water.
77.
Thermal Hydrolysis
- A
				process in which ground carcasses or other organic material are heated to
				180°C using saturated steam for 40 minutes or more while under high
				pressure (10 bar or higher). Early research into this technology suggests that
				prions may be deactivated in this process.
78.
Transmissible Spongiform
				Encephalopathy (TSE)
- One of several similar neurologic diseases
				thought to be caused by a mis-folded protein (prion) in the nervous tissue
				which results in slow degeneration of the nervous system and ultimately in
				death. These diseases include Scrapie, 'Mad Cow Disease' and Chronic Wasting
				Disease.
79.
Vector
-
				Any animal, bird, insect or person capable of transferring disease organisms
				through contact with a carcass or associated materials.
80.
Vitrify -
Turn into a
				glass-like substance.
81.
Wetland -
Those areas that are inundated or saturated by surface or
				ground water at a frequency and duration sufficient to support, and that under
				normal circumstances do support, a prevalence of vegetation typically adapted
				for life in saturated soil conditions. Wetlands generally include swamps,
				marshes, bogs, and similar areas.