01-001 C.M.R. ch. 565, § 3 - Definitions

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.

Notes

01-001 C.M.R. ch. 565, § 3