Code of Massachusetts Regulations
330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES
Title 330 CMR 31.00 - Plant Nutrient Application Requirements For Agricultural Land And Land Not Used For Agricultural Purposes
Section 31.02 - Definitions
As used throughout 330 CMR 31.00, the following terms shall have the following meanings, unless the context clearly indicates otherwise:
Agricultural Byproducts. Secondary organic materials produced from the raising of animals and crops as part of agronomic, horticultural, silvicultural, or livestock operations including, but not limited to, animal manure, liquid manure, bedding materials, plant stalks, leaves, and other vegetative matter and byproducts from the on-farm processing of fruits, vegetables, dairy and other food products.
Agricultural Land. Land used for agriculture or farming as defined in M.G.L. c. 128, § 1A.
Agricultural Operation. A business engaged in agriculture or farming as defined in M.G.L. c. 128, § 1A. For the purposes of 330 CMR 31.00, an agricultural operation shall include all operations, whether conducted on one or more parcels of land within the Commonwealth, which are owned or operated by the same person.
Agricultural Process Water. Process water that is generated as a byproduct from Agricultural Operation activities and processing of agricultural products. Agricultural Process Water includes, but is not limited to, water generated as a byproduct in a milking parlor, milkhouse, or bottling operation.
Animal Manure. Animal excrement which is produced at an agricultural operation. Animal Manure includes materials such as bedding, milking parlor process water, milkhouse process water and other materials after commingling with that excrement.
Applicator. A person who applies any type of plant nutrient whether for hire or as the owner or operator of the agricultural operation or land.
Biosolids. Any thickened liquid, suspended or settled solid, or dried residue extracted from sewage at a sewage treatment plant, including domestic sewage, that:
(a) contains recognized plant nutrients, or liquid byproducts, that meet federal and state regulations for beneficial use by land application or other methods; and
(b) is regulated as sewage sludge and septage pursuant to 310 CMR 32.00: Land Application of Sludge and Septage.
Bottling Process Water. Process water that is generated with the washing and rinsing associated with the bottling of agricultural products. Bottling process water does not include process water from bottling operations not directly associated with, and located on the same property of, the agricultural operation performing the bottling, or stand alone bottling operations.
Buffer or Vegetated Buffer. A permanent strip of dense perennial vegetation established parallel to the contours of, and perpendicular to, the dominant slope of the field for the purposes of slowing water runoff, enhancing water infiltration and minimizing the risk of any potential nutrients from leaving the field and reaching surface waters.
Coarse Textured Soil. A soil identified by the United States Department of Agriculture as having textures of loamy fine sand, loamy sand, or sand.
Crop Nutrient Needs. The primary nutrient requirements of a crop determined as pounds of nitrogen (N), phosphorus (P2O5), and potassium (K2O) required for production of a crop yield unit.
Department. The Massachusetts Department of Agricultural Resources.
Digestate. The material remaining after the anaerobic digestion process comprised of undigested solids and the liquid fraction of the input material.
Fertilizer. Commercially produced fertilizers used as soil and plant amendments, containing a guaranteed analysis of primary nutrients; does not include a product blended from organic compost or natural organic fertilizer.
Frequently Flooded Soils. A frequency class in which flooding, ponding, or saturation is likely to occur often under usual weather conditions (more than 50% chance in any year, or more than 50 times in 100 years).
Frozen Soil. Soil that is frozen at least two inches deep.
Gravelly Soil. Soil containing material that is 15% to 50%, by volume, rounded or angular rock fragments, not prominently flattened, up to three inches in diameter.
Growing Season. The part of the year during which climatic conditions allow plants to grow in an outdoor environment. This period of time may not exceed 12 months from the date of an application of Phosphorus Containing Fertilizer.
Heavy Rain. Rainfall greater than or equal to two inches in a 24 hour period and the weather forecast keyword is "likely".
Impervious Surface. Any structure, surface, or improvement that reduces or prevents absorption of storm water into land, and includes concrete, asphalt, paver blocks, gravel, decks, patios, elevated structures, and other similar structures, surfaces, or improvements.
Incorporation. The mixing of fertilizer or other materials with the surface soil using standard agricultural practices, such as tillage.
In-field Stacking. The practice of stacking solid animal manure or agricultural byproducts on cropland, hayland and pasture areas to be applied at a later time to the agricultural land as plant nutrients.
Label. The display of all written, printed, or graphic matter on the immediate container or a statement accompanying a fertilizer or soil conditioner.
Lawn Patch Product. A premixed blend of grass seed, fertilizer, and mulch.
Management Unit. An area sharing common characteristics, including soil type, nutrient content, and plant type or crop produced, so that nutrients can be recommended and managed in a uniform and consistent manner.
Milkhouse Process Water. Residual milk and wash water that is generated with the normal operation of a milkhouse. Milkhouse process water does not include the process water containing large volumes of milk or contamination resulting from bulk tank failure or other operation failures, which shall not be land applied.
Natural Organic Fertilizer. A fertilizer product that is derived from either a plant or animal product containing one or more elements, other than carbon, hydrogen and oxygen, which are essential for plant growth. These materials may be subject to biological degradation processes under normal conditions of aging, rainfall, sun-curing, air drying, composting, rotting, enzymatic or anaerobic or aerobic bacterial action or any combination of those conditions. These materials shall not be mixed with synthetic materials or changed in any physical or chemical manner from the material's initial state except by manipulations such as drying, cooking, chopping, grinding, shredding, hydrolysis or pelleting.
Non-agricultural Turf or Lawn. Any non-agricultural land area that is covered by any grass species, excluding flower or vegetable gardens, pasture, hay land, trees, shrubs, turf grown on turf farms or any form of agricultural production or use.
Non-professional. Any person who applies a plant nutrient and is not for-hire or does not perform the application as part of his or her employment.
NRCS. The Natural Resources Conservation Services of the United States Department of Agriculture.
Nutrient Application Rate. The quantity of primary nutrients, expressed as total nitrogen (N), available phosphate (P2O5), and soluble potash (K2O) used to supply crop or plant nutrient needs.
Nutrient Content. The percentage by weight of any primary nutrient, expressed as total nitrogen (N), available phosphate (P2O5), or soluble potash (K2O), in any type or source of plant nutrients.
Operator. A person who manages and/or owns an agricultural operation.
Organic Compost. The biologically stable humus-like material derived from composting or the aerobic, thermophilic decomposition of organic matter.
Person. Any individual, partnership, corporation, firm, association, authority, trust or group, including, but not limited to, a municipality, county, the Commonwealth and its agencies, and the federal government.
Phosphorus Containing Fertilizer. Fertilizer labeled for use on lawn or non-agricultural turf in which the available phosphate content is greater than 0.67% by weight, excluding organic compost and natural organic fertilizer.
Plan or Nutrient Management Plan. A written plan to manage the amount, placement, timing, and application of plant nutrient materials in order to minimize nutrient loss or runoff and to maintain the productivity of soil when growing agricultural products.
Plant Nutrient. Substance that contains one or more of the primary nutrients of nitrogen, phosphorus, or potassium, including but not limited to, animal manure, fertilizer, organic compost, natural organic fertilizer, agricultural byproducts, digestate, biosolids or combinations thereof.
Primary Nutrient. The macronutrients elements for plant growth which are total nitrogen (N), phosphorus (P), and potassium (K).
Retailer. Any person who sells fertilizer.
Renovation. The process of replacing the turf plants on a site without making changes to the soil or grade, which does not normally include total removal of existing vegetation, but may include eradication of the existing stand with non-selective herbicides or extended covering. Renovation may include the use of superficial cultivation with aeration, dethatching, overseeding or similar pieces of equipment to insure good seed to soil contact and enhance the renovation process
Saturated Soil. Soil soaked with moisture to the point that it cannot absorb any more liquid.
Snow Covered Soil. Soil covered by one inch or more of snow or by 1/2 inch or more of ice.
Soil Test. A technical analysis of soil conducted by a laboratory using methods and procedures recommended by the University of Massachusetts Amherst Extension as appropriate for Commonwealth soils.
Stackable Agricultural Byproduct. Agricultural byproducts material with equal or less than 60% moisture content.
Surface Waters. As defined by 314 CMR. 4.00: Massachusetts Surface Water Quality Standards, all waters other than groundwaters within the jurisdiction of the Commonwealth, including, without limitation, rivers, streams, lakes, ponds, springs, impoundments, estuaries, wetlands, coastal waters and vernal pools. For the purpose of 330 CMR 31.00, Surface waters shall not include areas where the sole purpose is to grow crops, including but not limited to, interior ditches, channels, canals, irrigation ponds or tailwater recovery ponds, provided that the application of plant nutrients are done in accordance with UMass Guidelines for such crop growing system.
UMass. The University of Massachusetts Amherst Extension.
UMass Guidelines. The University of Massachusetts Amherst Extension published guidelines and/or materials developed by UMass for agricultural crops, Animal Manure management, Plant Nutrient use and application, and turf, which have been established by the University of Massachusetts Amherst Extension.
USDA. United States Department of Agriculture.
Waters of the Commonwealth. All waters within the jurisdiction of the Commonwealth, including, without limitation, rivers, streams, lakes, ponds, springs, impoundments, estuaries, wetlands, coastal waters, ground waters, and vernal pools, as defined by 314 CMR 5.00: Ground Water Discharge Permit Program.
Zone A. The land area between the surface water source and the upper boundary of the bank; the land area within a 400 foot lateral distance from the upper boundary of the bank of a Class A surface water source, as defined in 314 CMR 4.05(3)(a): Class A; and the land area within a 200 foot lateral distance from the upper boundary of the bank of a tributary or associated surface water body, as defined by 310 CMR 22.00: Drinking Water.
Zone I of a Public Water Supply Well. The protective radius required around a public water supply well or wellfield regulated by 310 CMR 22.00: Drinking Water. For public water system wells with approved yields of 100,000 gpd or greater, the protective radius is 400 feet. Tubular wellfields require a 250-foot protective radius. Protective radii for all other public water system wells are determined by the following equation: Zone I radius in feet = (150 x log of pumping rate in gpd) - 350. This equation is equivalent to the chart in the Guidelines and Policies for Public Water Systems. A default Zone I radius or a Zone I radius otherwise computed and determined by the Department shall be applied to transient non-community (TNC) and non-transient non-community (NTNC) wells when there is no metered rate of withdrawal or no approved pumping rate. In no case shall the Zone I radius be less than 100 feet.
