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

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).

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.