01-001-565 Me. Code R. § 5

Current through 2024-51, December 18, 2024

Section 001-565-5 - Winter Manure Spreading Ban

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 decision 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.

01-001 C.M.R. ch. 565, § 5