01-001 C.M.R. ch. 565, § 6 - Nutrient Management Plans

1. Standards

A. Contents and Requirements

(1) The NMP must include and address all nutrients produced on or brought onto the farm and contain the following at a minimum:

(a) Livestock Farms. storage and utilization of manure and off-farm nutrients on all land including leased and/or rented land;

(b) Crop Farms. storage and utilization of manure and off-farm nutrients on land to which regulated residuals or more than 100 tons of manure or compost in any one calendar year are applied;

(c) Calculation of crop nutrient needs. The calculation of nutrients to be applied must be based on soil tests, manure tests, crop to be grown, and realistic yield goals. A realistic yield goal must be no more than 130% of the state average for the crop in question as determined by the Commissioner, unless the producer can demonstrate that in at least 2 out of 5 years yields have been greater than 130% of the state average, in which case nutrients may be recalculated to meet the higher yields actually experienced. Each field must have its own calculation. The calculation of nutrient needs must take into account the mineralization of organic nitrogen in the soil and in the nutrient material to be applied as well as inorganic nitrogen, following procedures approved by the Commissioner.4New farms and farming operations that are developing an initial NMP, which do not have a crop or livestock production history, may estimate crop nutrient requirements and the nutrient values to be derived from manure by utilizing data from current editions of the "New England Vegetable Management Guide" or the publication "Nutrient Recommendations for Field Crops in Vermont";

(d) Each field must show the calculation of nutrients required to grow a crop in accordance with procedures approved by the Commissioner. The NMP must include a Field Spreading Summary Sheet indicating the rate of material to be applied on each field;

(e) The number of each type of animal and an estimate of the number of corresponding animal units on the farm at the time the NMP is prepared;

(f) A soil erosion control plan for land used for growing annual crops. This plan must have been designed or approved by a certified professional in erosion and sediment control, a qualified certified crop advisor, qualified personnel of an SWCD, a qualified NRCS employee, or be a privately developed plan utilizing one or moreerosion control BMPs, that are in conformance with Department standards, to minimize erosion and phosphorus transport to the maximum extent feasible;

(g) Soil tests for each field where manure or other crop nutrients will be applied. Soil testing must be repeated for each field at least every 5 years. More frequent testing is recommended for fields with soil phosphorus levels above 40 lb./ac. Soil tests must be conducted by an appropriately accredited laboratory;

(h) Identification of the limiting nutrient for determining nutrient application rates that are environmentally sound, using the decision matrix included in Attachment A, "N and P Manure Priority Matrix", or a current phosphorus index approved for Maine;

(i) Where constructed Vegetated Treatment Areas and/or Filter Strips are included as part of the plan, the specifications outlined in the corresponding NRCS practice standards (635 and 393 - see Attachment B) must be followed unless otherwise approved by the Commissioner. Vegetated treatment areas and filter strips must be inspected and repaired each year. Phosphorus must not be added within these areas except as necessary to maintain adequate plant growth.

(j) Site-specific dates recommended for the spreading of manure and other farm nutrients, and spraying or irrigation of liquid manure. Recommended spreading must comply with § 5 of these Rules;

(k) A site-specific animal carcass disposal plan, which is consistent with the requirements specified in the Department's Chapter 211 "Rules for the Disposal of Animal Carcasses,"or as determined by the Commissioner.

(l) A plan detailing how livestock will be excluded from "Waters of the State", as defined in the DEP Chapter 520 "Definitions for the Waste Discharge Permitting Program" Rule.

(m) A timetable for implementing the plan. New farms and farms coming under new ownership must develop the NMP before the farm becomes operational;5and

(n) Any proposed increase in an operation's animal units that conforms with the requirements in §6.1(E) of these Rules must be evaluated by a certified nutrient management planning specialist to determine if an update to the NMP is required. The evaluation also must determine if the operation requires expansion of its manure storage facilities, and/or expansion of its land base for spreading, and if the operation requires the development of a Livestock Operations Permit (LOP).

B. Additional NMP Provisions That Apply to Nutrients Other than Regulated Residuals.The NMP must contain the following provisions that apply to manure storage, management and use:

(1) Manure testing at least every 5 years or when a significant management change will affect manure nutrient values (for example, changing from a solid manure handling system to a liquid manure handling system, or changing the type of bedding used from sawdust to shredded paper, or changing the source of manure that is used).

(a) The Department may, when appropriate, require more frequent manure testing than every 5 years in certain cases. Manure must, at a minimum, be analyzed for total nitrogen, ammonium nitrogen, total phosphorus, total potassium, and moisture content according to the national methods manual "Recommended Methods of Manure Analysis, 2003", University of Wisconsin Publication A3769, http://learningstore.uwex.edu/assets/pdfs/A3769.pdf.

(b) The Commissioner may waive the manure testing requirement in site-specific situations involving operations that have small numbers of livestock, and the operation is not subject to developing and implementing an NMP under § 4 of these Rules, or if the manure is exported to another entity having small numbers of livestock.

(2) Site-specific setbacks and siting standards for spreading manure, and for long-term and temporary storage of manure in the farm production area and on field stacking facilities, that will minimize nuisance complaints and threats to surface and ground water;

(a) Site-specific setbacks must be prescribed by a qualified professional. Qualified professionals include qualified NRCS, SWCD, or Department employees, Maine certified nutrient management planning specialists, or Maine certified professional soil scientists, who have expertise for making these determinations.

(b) Justification for the site specific setbacks utilized must be provided if the setback recommendations are less stringent than those recommended in the Department's "Manure Utilization Guidelines".9

(c) Temporary manure storage sites where manure is stacked on the natural soil surface for less than two weeks must meet setbacks in the Department's "Manure Utilization Guidelines" and separation distances in the table "Minimum Separation Distances from Ground Features for Manure Stacking Sites".6

(d) Setbacks for manure application sites, storages and stacking sites to drinking water wells must be a minimum of 100 feet;

(3) 180 day minimum manure storage, beginning December 1^st of each year, using containment structure(s) and/or stacking site(s) approved by a qualified NRCS, SWCD or Department employee. Manure storage/containment structures must be in conformance with NRCS conservation practice standard 313, Waste Storage Facilities (refer to Attachment C or to the NRCS website for the current version of the standard);

(4) Effective odor and insect control associated with manure storage, management and utilization at the facility and at land spreading sites.7

(5) Manure Transfer and Ownership.

(a) Manure that is produced by a farm or farming operation that is transferred to another farm or farming operation by the entity that produced the manure is the responsibility and ownership of the recipient upon unloading of the manure.

(b) Manure that is produced by a farm or farming operation that is transferred to another farm or farming operation by a third party, e. g., a contractor hired by the entity that produced the manure, is the responsibility of the contractor until delivered and unloaded to the recipient, unless an alternative, written agreement has been established between the contractor and the recipient. Any recipient self-hauling manure from the farm of origin assumes responsibility and ownership for that manure after the manure has been loaded on the recipient's vehicle or trailer.

(c) Manure that is produced by a farm or farming operation that is transferred to a temporary storage site that is not owned by the entity that produced the manure, and the ultimate utilization of the manure will accrue to the producer of the manure, is the responsibility of the entity that produced the manure while the manure is in temporary storage.

(6) Carcass Management and Disposal

(a) All NMPs must include a plan for routine carcass disposal.8

(b) Carcass management and disposal must be consistent with the Department's Chapter 211 "Rules for the Disposal of Animal Carcasses".

(c) NMPs covering 300 or more animal units must include a written catastrophic carcass disposal plan that is consistent with the Department's Chapter 211 "Rules for the Disposal of Animal Carcasses", and which has been approved by a Maine certified nutrient management planning specialist. Soil evaluations related to catastrophic carcass disposal sites must have been conducted by a Maine licensed professonal soil scientist or an NRCS soil scientist.

(d) A person who developsa catastrophic carcass disposal/management plan must provide the Department with a copy of the plan, and send a signed notification to the Department certifying that the plan meets the requirements of these Rules. The notification must be on a form provided by the Department for that purpose and must include the name and address of the owner or operator of the farm or farming operation, the location and address of the composting site for which the plan was prepared or approved, the species and number of animal units associated with the operation, the types and sources offeedstocks to be used for composting, and any other information required by the Commissioner.

C. Nutrient Management Plan Provisions That Apply to Regulated Residuals. In addition to compliance with §6.1(A) of these Rules, if the NMP contemplates the use of regulated residuals, the plans for setbacks, stacking sites, storage facilities, limitations on use based on constituents in the regulated residual and other provisions in the plan that apply to regulated residuals, must comply with rules adopted by the DEP concerning the agronomic utilization of residuals and other legal requirements.

D. Record Keeping. Record keeping, as provided in the NMP must, at a minimum, address the amount of manure applied to each field, dates of application, amount of other nutrient sources applied to each field, results of soil and manure tests and yields at end of each harvest season. The farm or farming operation must maintain records that account for all manure transferred to other farms or to non-farm entities, which include the date, amount of manure transferred, the name of the recipient and the address to which the manure was transferred. These records must be maintained for at least three years from the date of application or transfer, and must be provided to the Department on request.

E. Update Frequency Requirement. The NMP must be:

(1) Updated at least once each year;

(2) Approved by a certified NMP specialist at least every 5 years; and

(3) Updated and approved sooner if:

(a) There is an increase of 15 % or more in the number of animal units shown in the current plan;

(b) There is a change greater than 15% in the acreage upon which nutrients are to be spread; or

(c) There is any other significant change in the operation that renders the existing NMP no longer relevant.

(4) The farm owner or operator may request that a certified nutrient management planning specialist update or revise the plan anytime conditions on the farm warrant a change.

F. The Department must be notified by means of a standard form developed by the Department any time an update is done for the above reasons, which includes the effective date of the plan. The notification must be provided to the Department within 30 days of the effective date of the plan.

2. Variances. The Commissioner may grant a variance from the dates for the preparation and/or the implementation of NMPs under the Nutrient Management Law, ( 7 M.R.S. §4204 subsection 4 to 7 ) when the Commissioner finds undue hardship.

A. Variance Request. A variance request must be submitted, in writing, to the Commissioner, and must include:

(1) The operation for which the variance is sought;

(2) The reason(s) for the variance request; and

(3) Any relevant information supporting the request.

The Commissioner may, as part of the decision-making process, ask for additional information or request a site visit from Department staff.

B. Decision. The Commissioner shall make a decision whether undue hardship exists such as to justify a variance, and shall notify the person making the request in writing within 30 days of the decision. The Commissioner's decision shall include, but not be limited to, consideration of such factors as protection of groundwater and surface water, cost of implementing the plan, availability of financial assistance, financial hardship or the variance applicant's proposal when provided, and any public comments received. In determining the length of time for which a variance should be granted, the Commissioner may consult with the farm owner and/or the farm's certified nutrient management planning specialist. The written notice must include:

(1) The name and address of the person whose variance has been granted or denied;

(2) A statement of why the variance is granted or denied;

(3) The effective date of implementation; and

(4) The right to appeal the Commissioner's decision to the Nutrient Management Review Board in accordance with §11 of these Rules.

Notes

01-001 C.M.R. ch. 565, § 6

The Commissioner's decision shall include, but not be limited to, consideration of such factors as a farm inspection, protection of groundwater and surface water, minimization of soil erosion, presence of actively-growing cover crops on tilled ground, availability of financial assistance, financial hardship or the variance applicant's proposal when provided.

Notes: The method outlined in USDA/NRCS Code 590 'Nutrient Management', current edition, is an approved method. Other approved methods will be presented as part of the training and certification process for nutrient management planning specialists. A pre-side dress nitrate test for field corn and other crops for which the test is calibrated is recommended to determine adequate levels of available nitrogen.

The recommended timetable for the plan implementation must be in accordance with the time frame included in the Nutrient Management Law, 7 M.R.S. §4204 subsection 4 to 7 .

Minimum Separation Distances from Ground Features for Manure Stacking Sites:

Paved Unpaved

(Depth below working surface in inches)

Seasonal water Table 12 15

Bedrock 12 18

Upper Limits of sand/gravel horizons 12 18

These separation distances may be achieved by the use of engineering techniques such as placing fill, installing curtain drains or diversion ditches.

Examples of provisions that might appear in a NMP would be:

Immediate incorporation of manure spread on tilled land.

Timing applications to avoid creating nuisances.

Maintenance program for waterers to keep manure dry in poultry houses.

A spray program for insect control during warm months.