Section 001-211-3 - VIOLATIONS1. Unlawful DisposalIt is unlawful to dispose of domestic animal carcasses and slaughterhouse wastes (offal) except in accordance with these rules.
A. Clean up Required - The Commissioner may require the responsible party to clean up any carcass or offal disposal site that is not established in accordance with these rules. The Commissioner may also arrange to have an unlawful disposal site cleaned up.B. Timeline for cleanup - The Commissioner may establish a timeline for clean up of an unlawful carcass disposal site, including penalties as provided in 7 MRS § 1706 for failure to meet the timeline.C. Standards for cleanup - The Commissioner may establish standards or criteria for an acceptable cleanup on a case by case basis.D. Animal baiting sites - Coyote or other animal (except bear) baiting sites using domestic animal carcasses or offal as bait shall be established according to 12 MRS § 11227 and shall meet the following requirements: (1). Domestic animal carcasses and/or offal placed as bait shall meet the same minimum setback and separation distance requirements as carcass burial sites.(2). No more than 500 lbs of offal or the equivalent of one large domestic animal carcass may be at a bait site at any one time. For the purposes of this requirement, an area within 100 feet of a bait pile of carcasses or offal is considered to be part of the same bait site.(3). A bait site may be re-used as long as the remains of previous bait piles have been cleaned up prior to adding more carcasses or offal.2. EnforcementFailure to comply with these rules may result in enforcement actions taken by the Commissioner. These actions may include but not be limited to:
A. Notification to the violator of loss of 'Right to Farm' protection under Chapter 10 of the Department's rules.B. Seeking penalties as specified in Section 3.3. C. Referral to the Attorney General for enforcement in court.D. Referral to the Maine Department of Environmental Protection in cases where water quality or other DEP laws may have been violated.E. Referral to other state, local or federal agencies where relevant laws or regulations may have been violated.3. PenaltiesThe following penalties may be assessed for violations of these rules. The penalty to be applied shall depend on its applicability to the specific situation.
Animal Health Law Penalty section (7 MRS § 1706) Penalty - A person who violates this section commits a civil violation for which a fine of not more than $500 per day for each violation may be adjudged, except that the total of the fines may not exceed $50,000 (Applies to anyone who violates the animal disease control laws or rules, including these rules).
Maine Agriculture Protection Act Penalty section (7 MRS§ 158) Failure to Adopt Best Management Practices - Failure to apply best management practices in accordance with this chapter constitutes a separate civil violation for which a fine of up to $1,000, together with an additional fine of up to $250 per day for every day that the violation continues, may be adjudged (Applies to a commercial farm, commercial farm operation or agricultural composting operation).
4. ComplaintsWhere applicable, complaint investigations associated with activities covered under these rules may be conducted using the protocols set out in 01-001 Chapter 10 Rules for the Agricultural Compliance Program.
01-001 C.M.R. ch. 211, § 3