Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 565 - Nutrient Management Rules › Section 001-565-3 - Definitions

Current through 2024-29, July 17, 2024
Unless the context otherwise requires, the following terms
				  have the following meanings as used in these rules:
1.
Agricultural Composting
				Operation
- Composting that takes place on a farm, which includes, but is
				not limited to, plant and animal matter, animal manure, animal carcasses and
				offal, food and fish waste, clam, mussel, crab, lobster, and shrimp shells and
				parts, wood chips and shavings, sawdust, and apple pomace. Agricultural
				Composting Operation does not include an operation that composts regulated
				residuals.
2.
Animal Feeding
				Operation
- A lot or facility where animals are stabled or confined and
				fed or maintained for a total of at least 45 days in any 12 month period, and
				crops, vegetation, forage growth, or post harvest residues are not sustained in
				the normal growing season over any portion of the lot or facility. "Animal
				feeding operation" does not include an aquatic animal production
				facility.
3.
Animal Unit
				(AU)
- 1000 pounds of live animal body weight.
4.
Best Management Practices
				(BMP)
- Those agricultural practices that are determined by the
				Commissioner to be environmentally acceptable based upon best reasonably
				available and economically feasible methods and technologies.
5.
Certified Nutrient Management
				Planning Specialist
- A person who has been certified by the
				Commissioner to prepare and/or approve a nutrient management plan.
6.
Commissioner
- The
				Commissioner for the Department of Agriculture, Conservation and
				Forestry.
7.
Compost
-
				The stabilized soil-like material that results from the natural biological
				decomposition of organic matter under aerobic conditions.
8.
Composting
- The natural
				biological decomposition and stabilization of plant and animal matter under
				controlled, mostlyaerobic conditions of high temperature (120 degrees F. or
				higher), that results in a soil-like product which has its nutrients in a much
				more stable form than uncomposted wastes, and which makes it beneficial to
				plant growth and suitable for agronomic use.
9.
Compost Management Plan
				(CMP)
- A written document, approved by the Department, that outlines how
				farm-generated or imported organic materials are composted by agricultural
				composting operations for which the plan is written.
10.
Concentrated Animal Feeding
				Operation (CAFO)
- An animal feeding operation that meets the EPA
				definition of a Concentrated Animal Feeding Operation as provided by the U. S.
				Environmental Protection Agency in 40 CFR Parts 9, 122 and 412 - Revised
				National Pollutant Discharge Elimination System Permit Regulation and Effluent
				Limitations Guidelines for Concentrated Animal Feeding Operations in Response
				to the Waterkeeper Decision; Final Rule dated December 22, 2008. (Attachment
				E).
11.
Concentrated Feeding
				Area
- Barnyards, feedlots, loafing areas, heavy use areas, exercise
				lots or other animal containment areas that do not have a growing crop
				sufficient to utilize the nutrients in manure deposited in that location. The
				term excludes pasture access ways, except in areas where there is a direct flow
				of nutrients to surface water or groundwater.
12.
Confine/Confinement
-
				Animals are considered to be confined if they are housed or kept in a
				concentrated feeding area for at least 45 days in any twelve month
				period.
13.
Crop Farm
- A farm or farming operation involved in crop production and having fewer than
				50 animal units of livestock or poultry.
14.
Department
- The Department
				of Agriculture, Conservation and Forestry.
15.
EPA
- The United States
				Environmental Protection Agency.
16.
Farm or Farming Operation
-
				The aggregate of all agricultural land, equipment and all related facilities,
				crops and animals, regardless of their location or ownership, that form part of
				an integrated agricultural business or enterprise.
17.
Farm Nutrient
- 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. The term includes, but is not limited to, livestock and poultry manures,
				compost, commercially manufactured chemical fertilizers, sewage sludge,
				residuals or combinations of these.
18.
FSA HEL compliance plan
- A
Food Security Act, Highly Erodible Land Plan
used by farmers
				to control soil erosion on highly erodible land and maintain their eligibility
				for USDA programs.
19.
Livestock Farm
- A farm or farming operation that raises livestock
				or poultry and does not meet the definition of a crop farm.
20.
Nutrient Management Plan
				(NMP)
- A written document that outlines how farm nutrients are stored,
				managed, and utilized on the farm for which the plan is written.
21.
Nutrient Management Review
				Board
- The board established pursuant to
				7 M.R.S.
				§4203.
22.
Off-Farm Nutrients
-
				Nutrients not generated by the farm.
23.
Regulated Residuals
- A
				residual whose application to land is regulated by the DEP pursuant to Title
				38, Chapter 13, and that is primarily used for its nitrogen and phosphorus
				value as determined by the Department. Wood ash, and compost applied to land at
				an annual rate of less than 100 tons, are not considered to be regulated
				residuals under these Rules. Algefiber, a by-product of extracting carrageenan
				from red seaweed, and containing organic matter and perlite, is not considered
				a regulated residual under these Rules, and does not require the development of
				an NMP; however, if an NMP otherwise is required to be developed for a farm or
				farming operation, then the nitrogen and phosphorus contribution of the
				Algefiber must be part of the calculation that determines the amount of those
				nutrients that will be available from all sources for crop production.
24.
Residual
- Any
				material generated as a by product of a nonagricultural production or treatment
				process that has value as a source of crop nutrients or soil
				amendments.
25.
Right to Farm
				Law
-The
Maine Agriculture Protection Act
- 7 M.R.S.
				Chapter 6.
26.
SWCD
-
				A Soil and Water Conservation District.
27.
Undue Hardship
- An
				exceptional financial or operational burden that, in the judgment of the
				Commissioner, requires a departure from strict compliance with a requirement of
				these Rules, provided that the hardship is based upon unusual circumstances of
				a particular farming operation that have not been caused by the action or
				neglect of the owner or operator.
28.
UMCE
- University of Maine
				Cooperative Extension
29.
USDA/NRCS
- United States Department of Agriculture/Natural
				Resources Conservation Service.
30.
Verified Complaint of Improper Manure Handling
- A complaint
				of improper manure handling investigated in accordance with Title 17,
				§2701-B or the 01-001 Chapter 10,"Rules for the Agricultural Compliance
				Program", and resulting in a determination by the Commissioner that the manure
				has been stored or handled in a manner that does not conform with best
				management practices.
31.
Waters of the State
- Waters of the State means any and all
				surface and subsurface waters that are contained within, flow through, or under
				or border upon this State or any portion of the State, including the marginal
				and high seas, except such waters as are confined and retained completely upon
				the property of one person and do not drain into or connect with any other
				waters of the State, but not excluding waters susceptible to use in interstate
				or foreign commerce, or whose use, degradation or destruction would affect
				interstate or foreign commerce.
32.
Waterway
- Avegetated natural or constructed drainage way in a
				field that carries water during and after rainfall or snow melt.