In accordance with
7 M.R.S.
§4207, a person may not spread manure on
agricultural fields from December 1 of a calendar year through March 15 of the
following calendar year.
1.
Variance. The Commissioner may grant a variance on the Winter
Manure Spreading Ban.
A.
Variance
Request Criteria. A person requesting a variance shall submit a written
request to the Commissioner that includes:
(1)
The operation location;
(2) The
reason(s); and
(3) Any relevant
information supporting the request.
B.
Emergency. An emergency
request maybe made verbally to the Commissioner (or designee), followed by a
written request application to the Commissioner within 10 days of the verbal
request.
C. Farms or farming
operations that do not have a current, certified NMP, and which are granted a
variance, shall conduct spreading operations in conformance with current BMPs
as determined by the Department. Farms or farming operations that are granted a
variance under this paragraph for two or more consecutive calendar years shall
develop and implement an NMP, consistent with §
6 of these Rules, within eight
consecutive months of the second approved variance date.
D.
Decision. Upon receipt of a
variance request, the Commissioner shall make a decision3 and shall
notify the person requesting the variance in writing, within 7 days. In time
sensitive situations, the Commissioner (or designee) may verbally inform the
person making the request of the decision, followed by a decision in writing as
indicated.
E.
Variance
Denial. When the Commissioner denies a variance, the applicant must
receive notice that includes:
(1) The name
and address of the person whose request for a variance has been
denied;
(2) A statement or list of
reason(s) why the variance is denied; and
(3) A reminder of the Winter Spreading Manure
Ban effective dates.
F.
Variance Duration. All variances issued by the Commissioner for a
specific calendar year shall be valid for the dates specified by the
Commissioner, and as requested for each calendar year.
