01-001-211 Me. Code R. § 7

Current through 2024-44, October 30, 2024
Section 001-211-7 - ANIMAL CARCASS DISPOSAL CATEGORIES

Animal carcasses, which require disposal, fall into one of the following two categories: Catastrophic and Routine.

1. Disposal of Animal Carcasses from Catastrophic Events
A.Notification Required

In the event of a catastrophic occurrence requiring carcass disposal, the owner must notify the Department.

B.Final Authority for Catastrophic Disposal Plan

In all catastrophic carcass disposal cases, the authorization to implement the carcass disposal plan shall rest with the Commissioner.

C.Procedure

Upon notification of a catastrophe, the Commissioner may take the following steps:

(1). Visit the site and determine whether or not there is a need for carcass disposal;
(2). Authorize the implementation of the carcass disposal plan for the farm or other regulated facility;
(3). Develop the disposal plan if no approved plan exists or if the previously approved plan cannot be implemented, or an alternate approach is more appropriate;
(4). Keep a record on file of the disposal plan used and any authorized amendments;
(5). Ensure compliance with the carcass disposal plan or authorized procedure; and
(6). Undertake any other steps necessary to ensure proper disposal of the carcasses occurs.
D.Acceptable Methods for Catastrophic Animal Carcass Disposal

The owner shall, with the Commissioner's prior approval, use one of the following methods of disposal:

(1). Rendering facilities;
(2). Burial;
(3). Incineration;
(4). Composting;
(5). In-house Composting;
(6). Landfilling (Transport to an approved landfill);
(7). Alkaline hydrolysis; or
(8). Other methods approved by the Commissioner
E. Methods for Disposal of Carcasses Suspected to Contain TSEs.

Disposal of carcasses suspected to contain TSEs will be determined on a case by case basis by the Commissioner. Methods known to destroy TSEs include alkaline hydrolysis and high temperature (greater than 1650°(C) incineration. Other methods may be approved by the Commissioner based on evidence of effectiveness (NOTE: Other technologies that have promise are thermal hydrolysis, novel pyrolysis (ETL Energy Beam) and plasma arc technology).

F. Catastrophic Disposal of Small Flocks of Poultry

As an alternative to the procedures in these rules, disposal of a small flock of poultry (fewer than 500 birds) may be done by following the procedures outlined in the University of Maine publication: "Safe Disposal of Backyard Poultry Mortalities" 2006. The responsible party having a flock suspected to have a highly contagious disease such as HP Avian Influenza shall report the disposal to the Commissioner.

G.Site Evaluation for Catastrophic Carcass Disposal - All methods of disposal require a site evaluation (setbacks, availability of power, access, etc.). Some methods also require soils evaluation.
(1). Disposal Methods Requiring Soil Evaluation - Methods in which contact between carcasses and associated materials with the soil will require a soil evaluation. These methods include, but are not limited to, composting, incineration using a trench type air curtain burner, and burial.
(2). Soil Evaluation. Sites where a soil evaluation is required must be evaluated by an NRCS employee, a State of Maine Certified Soil Scientist, or other qualified professional in accordance with this and other appropriate sections of this rule.
(3). Disposal Methods not Requiring Soil Evaluation - Plans for disposal methods not requiring soil evaluation shall be developed by qualified individuals with training and/or experience in the particular disposal methods. These methods include, but are not limited to, in-house composting, anaerobic digestion, alkaline hydrolysis, incineration using standard incinerators, acid fermentation, and other methods that are completely enclosed so that there is no contact with the soil or water.
(4). Requirements for Plans for Other Methods Shall be Determined on a Case by Case Basis by the Commissioner.
H.Records of Catastrophic Carcass Disposal Operation
(1). Records Required

The responsible party shall be responsible for maintaining a record of all catastrophic carcass disposal operations. Copies of catastrophic carcass disposal records kept by responsible parties must be provided to the Department.

(2). Minimum Content of Records Required At a minimum, catastrophic carcass disposal records shall include the following information:
(a). Name of party responsible for the carcasses;
(b). Location (shown on a topographic map, aerial photo or Maine Atlas) of the property where the activity occurred;
(c). Disposal site location (shown on a map or aerial photo of the property). This shall include the GPS coordinates of the disposal site;
(d) Type of animal carcass or animal product disposed of;
(e). Quantity of each animal, product or other material disposed of;
(f). Method of carcass disposal; and
(g). Cause of mortality.
(3). Length of Time Records of Catastrophic Carcass Disposal Must be Maintained:
(a). Burial - A Record of a burial site shall be maintained by the farm or regulated facility for at least 10 years.
(b). Other Land-Based Methods of Disposal - Records of other land-based disposal of carcasses such as composting and air curtain incineration shall be maintained by the farm or regulated facility for a minimum of 3 years.
(c). Non-land Based Disposal Technologies - Records of non land-based disposal of carcasses such as anaerobic digestion or alkaline hydrolysis shall be maintained by the farm or regulated facility for a minimum of 1 year after the resulting product has been disposed of.
(4). For Carcass Disposal by Burial, Composting, or Incineration Using a Trench Air Curtain Burner, the Following Site-Specific Data, Shall be Included:
(a). Soils information, if required;
(b). Engineering techniques employed, if any;
(c). Scaled or dimensioned site plan showing property lines, buildings, slopes, north arrow, waterbodies, disposal plan details and construction details (including carcass thickness for burial) and any other information which is pertinent to the project;
(d). Profile or cross section of the disposal site (burial only);
(e). Erosion control measures;
(f). Date catastrophic event occurred;
(g). Inspection and maintenance schedule and records for the site; and
(h). Person or organization responsible for preparing the plan.
I.Carcass/Debris Separation Required

As much as is reasonably possible, carcasses shall be separated from inorganic debris such as metal or roofing. If reasonable separation is not possible, disposal shall be determined on a case by case basis by the Commissioner in consultation with the Maine Department of Environmental Protection.

J.Storage of Carcasses from Catastrophic Events

Carcasses may be stored only long enough to arrange proper disposal. If ambient air temperatures are above freezing and storage must be for more than 24 hours the responsible party shall seek guidance from the Commissioner on issues such as leachate and vector control. Vector control measures must be put in place to prevent access by vectors to the carcasses.

2. Routine Disposal of Animal Carcasses
A.Applicability - This section applies to both farm and non-farm domestic animal carcass disposal.
B.Routine Disposal - Disposal shall be considered routine when it is a result of normal mortality.
C.Disposal Methods - Acceptable disposal methods for carcasses resulting from normal mortality when carried out according to provisions of this rule are:
(1). Rendering or processing facilities;
(2). Burial;
(3). Incineration;
(4). Gasification/pyrolysis;
(5). Composting;
(6). Anaerobic digestion;
(7). Thermal hydrolysis; or
(8). Other methods approved by the Commissioner.
D.Daily Disposal for Poultry

Carcasses resulting from normal mortality of a commercial poultry operation shall be disposed of on a daily basis or placed in a secure container that will prevent leakage or access by insects, rodents, birds and other animals until properly disposed.

E.Site Evaluation and Plan Development for Routine Disposal
(1). Disposal Methods Requiring Soil Evaluation (Burial, Composting, Open Incineration or Air Curtain Burners) - An NRCS or State of Maine Certified Soil Scientist or other qualified professional shall evaluate soil suitability in accordance with applicable sections of this rule. Plans shall be developed by an NRCS or State of Maine Certified Soil Scientist, a registered professional engineer, a certified geologist, a qualified Soil and Water Conservation District employee or other qualified individual, in accordance with these rules.
(2). Disposal Methods not Requiring Soil Evaluation (Rendering, In-vessel Incineration, Alkaline Hydrolysis, Anaerobic Digestion, Pyrolysis) - Disposal methods not requiring soil evaluation shall be developed by qualified individuals with training and/or experience in the particular disposal methods.
(3). Small Volumes - Burial or composting of less than 500 lbs. of animal carcasses or offal per year, or one large or two medium size animals per year, are exempt from the requirements of Section 7.2.E(1) and shall be done in accordance with Section 8.2.
3. Disposal of Carcasses of Animals Exhibiting Signs of Neurological Diseases
A. Animals that die or are euthanized as a result of a suspected neurological disease such as rabies or Transmissable Spongiform Encephalopathy (TSE) shall be reported to the state veterinarian prior to disposal.
B. The carcasses of animals suspected to have had a neurological disease shall be tested for the presence of TSEs at the owner's expense. Results of such test shall be provided to the state veterinarian as soon as the results are known.
C. The state veterinarian shall prescribe the appropriate storage and disposal requirements for animals displaying signs of a neurological disease on a case by case basis.

01-001 C.M.R. ch. 211, § 7