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Rules for Bodies of Dead Animals
DEPARTMENT OF AGRICULTURE
ANIMAL INDUSTRY DIVISION
BODIES OF DEAD ANIMALS
Filed with the Secretary of State on September 26, 2007
These rules become effective immediately upon filing
with the Secretary of State unless adopted under sections
33, 44, or 45a(6) of 1969 PA 306. Rules adopted under
these sections become effective 7 days after filing
with the Secretary of State.
(By authority conferred on the department of agriculture
by section 27 of 1982 PA 239, MCL 287.677) R 287.651,
R 287.652, and R 287.655 of the Michigan Administrative
Code are amended, R 287.651a is added, and R 287.656
of the Code is rescinded as follows:
R 287.651 Definitions.
Rule 1. As used in these rules:
(a) “Afterbirth” means fetal fluids, placenta, and fetal
mortality.
(b) “Animal process operation” is a place where animals
or animal tissues may accumulate in a non-production
(no multiple-day care and feeding) setting such as a
butcher shop, slaughter facility, taxidermist, road
commission, veterinary clinic, or market collection
point.
(c) “Animal production operation” generally described
as a “farm,” means an operation where animals under
common ownership or management receive care and feeding
for the production of food co-products, or pleasure.
(d) “Finished” compost means ready for final utilization
as a soil amendment, plant fertilizer, or rooting medium.
Finished compost shall be dark, humus-like with little
odor, and free of any animal soft tissue.
(e) “Forced aeration” means air is pushed or pulled
through compost using a blower and perforated ductwork
(within the compost or in the floor or walls surrounding
the compost) to speed the composting process.
(f) “In-vessel” means composting within a container,
using forced aeration by mechanical turning (rotating
drum).
(g) “Leachate” means any liquid that may drain from
compost.
(h) “NRCS” means Natural Resources Conservation Service
of the United States Department of Agriculture.
(i) “Passive aeration” means air exchange within the
compost pile accompanies heat release with fresh air
pulled into the lower portion of the pile as heat pulls
gases out of the upper portion of piles.
(j) “Restaurant grease” means animal or vegetable oils
and fats that have been used or generated as a result
of the preparation of food by a restaurant or other
establishment that prepares or cooks food for human
consumption. Restaurant grease does not include trap
grease, interceptor grease, or other contents of grease
traps or interceptor traps.
(k) “Site” means the location on premise where composting
occurs. (l) “Specifically designed container truck”
means a truck or other vehicles designed or modified
and constructed to haul individual leak proof containers.
(m) “Surface waters” means the definition in R 287.651(1)(o)(i)-(viii).
(n) “Trap grease,” also referred to as “interceptor
grease,” means any restaurant grease skimmed, filtered,
separated, or otherwise captured from wastewater before
discharge.
(o) “Waters of the state” means all of the following,
but does not include drainage ways and ponds used solely
for wastewater conveyance, treatment, or control:
(i) The great lakes and their connecting waters.
(ii) All inland lakes.
(iii) Rivers.
(iv) Streams.
(v) Impoundments.
(vi) Open drains.
(vii) Other surface bodies of water within the confines
of the state.
(viii) Groundwater.
R 287.651a Adoption of standards by reference.
Rule 1a. The following standards are adopted by reference
in these rules and are available for inspection, and
may be obtained without cost, from the Michigan Department
of Agriculture
Animal Industry Division
P.O. Box 30017
Lansing, Michigan 48909.
The rules may also be obtained at no cost from the sources
listed below:
(a) The Natural Resources Conservation Service 635 Wastewater
Treatment Strip Conservation Practice Standard, Date
September, 2006, is available at http://www.nrcs.usda.gov/technical/Standards/nhcp.html
or Natural Resources Conservation Service, Attention:
Conservation Communications Staff
P.O. Box 2890
Washington, DC 20013.
(b) The Generally Accepted Agricultural Management Practices
for Nutrient Management, as specified in 1981 PA 93,
as amended, MCL 286.471 et seq., is available at http://michigan.gov/mda/0,1607,7-125-1567_1599_1605---,00.html
or Michigan Department of Agriculture
P.O. Box 30017
Lansing, MI 48911
(c) The Natural Resources Conservation Service 313 Waste
Storage Facility Conservation Practice Standard is available
at http://www.nrcs.usda.gov/technical/Standards/nhcp.html
or Natural Resources Conservation Service
Attention: Conservation Communications Staff
P.O. Box 2890
Washington, DC 20013.
(d) The Michigan Animal Tissue Composting Operational
Standards, Michigan State University and Natural Resources
Conservation Service, September, 2006, is available
at http://www.canr.msu.edu/dept/ans/community/people/rozeboom_dale.html
or Swine Nutrition & Production Management
2209I Anthony
Department of Animal Science
Michigan State University
East Lansing, MI 48824-1225.
R 287.652 Disposal of dead animals and residue from
burning process of dead animals.
Rule 2. (1) Dead animals, excluding restaurant grease,
buried in individual graves shall be in compliance with
all of the following requirements:
(a) The dead animal shall not come in contact with waters
of the state.
(b) The number of individual graves per acre shall not
be more than 100 and the total combined animal weight
shall not be more than 5 tons per acre.
(c) Individual graves shall be separated by a minimum
of 2 1/2 feet.
(d) A grave shall not be located within 200 feet of
any existing groundwater well that is used to supply
potable drinking water.
(e) The owner of the land has authorized the placement
of the dead animal.
(2) Dead animals, excluding restaurant grease, buried
in a common grave shall be in
compliance with all of the following requirements:
(a) Dead animals in a common grave shall be covered
with at least 1 foot of soil within 24 hours of burial.
(b) A common grave shall not remain open for more than
30 days and shall receive not less than 2 feet of soil
as final cover.
(c) Dead animals shall not come into contact with waters
of the state.
(d) The total weight of dead animals in common graves
shall not be more than 5,000 pounds per acre, and if
there is more than 1 common grave per acre, each common
grave within that acre shall be separated by a minimum
of 100 feet.
(e) A common grave shall be located not less than 200
feet from any existing groundwater well that is used
to supply potable drinking water.
(f) The owner of the land has authorized the placement
of the dead animals.
(3) By written request, an exemption to the total number
of individual or graves per acre or the total weight
of carcasses in an individual or common grave may be
granted by the director upon concurrence with the director
of the department of natural resources.
(4) Residue from the burning process of dead animals
may be land-applied at agronomic rates or properly disposed
of in a landfill licensed by the department of natural
resources under the solid waste management act, 1978
PA 641, MCL 299.401.
(5) If the director suspects that the disposition of
dead animals, or the residue from dead animal incineration
would produce a source of toxicological contamination
that represents a threat to the health of humans or
animals or a toxicological threat to the environment,
the director may require that the dead animal or animals,
or the residue from the dead animal incineration, be
disposed of in a manner determined by the director.
The cost of the disposal shall be the responsibility
of the owner.
R 287.655 Composting.
Rule 5. (1) Unless otherwise approved by the director,
composting methods shall accommodate only normal daily
natural mortality under common ownership, and be designed
with capacity for both active composting and curing.
(2) Active composting consists of all of the following:
(a) Organic materials.
(b) Aeration and moisture management.
(c) Heat production.
(d) Repeated temperature patterns.
(3) Bulking agent is a material added to compost to
provide nutrients, decrease bulk density, promote aeration,
and remove heat. Bulking agent also means amendment,
medium, carbon source, and feedstock. Any of the following
may be used as compost bulking agents:
(i) Dried grass.
(ii) Hay.
(iii) Chopped straw.
(iv) Chopped corn stover.
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(v) Chopped bean stover.
(vi) Unpainted wood chips that do not have additives
or preservatives.
(vii) Unpainted shredded bark that does not have additives
or preservatives.
(viii) Sawdust which is unpainted and which does not
have additives or preservatives.
(ix) Leaves.
(x) Grass clippings.
(xi) Grain hulls.
(xii) Poultry litter or litter cake.
(xiii) Animal manure solids.
(xiv) Waste animal feeds.
(xv) Finished or cured compost.
(xvi) A mixture of any of the recommended bulking agents
listed in subdivisions (i) to (xvii) of this subrule.
(xviii) Other, as approved by the director.
(4) Curing is the period of time after active composting
for further decomposition at a slow rate. Less intense
heat production and lower temperatures will be sustained
during curing.
(5) In response to a written request, the use of composting
methods other than as specified in this rule and the
Michigan Animal Tissue Composting Operational Standard
(MSU and NRCS), as adopted by reference in R 287.651a,
may be permitted by the director.
(6) One or more of the following methods of composting
shall be used: Passive, forced, and (or) active aeration
may be used with each method.
(a) Open pile.
(b) Bin.
(c) Windrow.
(d) In-vessel.
(e) Other, as approved by the director.
(7) In addition to the 2 cubic feet of primary poultry
composter capacity, a minimum of 2 cubic feet of secondary
composter capacity shall be provided for each pound
of poultry to be composted. The composting structure
shall be constructed and maintained to withstand structural
damage caused by active composting and equipment used
for compost aeration and movement. Any structural damage
to the structure shall be repaired before it is used
again for active composting.
(8) Poultry compost surface runoff shall be routed around
the poultry composting site. The site for composting
shall maintain the following minimum isolation distances:
(a) Two hundred feet from waters of the state as defined
in R 287.651(1)(o)(i)-(viii).
(b) Two feet above the seasonal high water table, as
defined by NRCS 313 Waste Storage Facility Conservation
Practice Standard, and adopted by reference in R 287.651a.
(c) Two hundred feet from any well.
(d) Two hundred feet from nearest non-farm residence.
(9) The composting site shall be selected and/or graded
to direct surface runoff away from the compost site
and prevent effluent from contacting surface waters.
(10) For an animal production operation accumulating
more than 20,000 pounds of mortality annually or any
animal process operation, regardless of composting method,
composting shall be done in compliance with the following:
(a) All active, finished, curing, and cured compost
at the site shall be located in or on, 1 or both of
the following:
5 (i) On an improved surface, as defined by NRCS 313
Waste Storage Facility Conservation Practice Standard,
and adopted by reference in R 287.651a, (see section
on “Liners”) and designed to withstand anticipated loads
from the equipment used for placement, aeration, and
movement of compost.
(ii) In an in-vessel system.
(b) All effluent generated and runoff events during
active composting and curing, not retained in the compost,
shall be managed in a manner consistent with all applicable
federal, state, and local laws and with at least 1 of
the following:
(i) Reintroduced into compost piles.
(ii) Collected and stored in a storage facility with
a liner that meets the criteria defined in NRCS 313
Waste Storage Facility Conservation Practice Standard
and adopted by reference in R 287.651a, and utilized
for crop production in accordance with the recommendations
in Generally Accepted Agricultural Management Practices
for Nutrient Management, as established in 1981 PA 93,
MCL 286.471.
(iii) Diverted to a treatment system meeting the criteria
in NRCS 635 Wastewater Treatment Strip Conservation
Practice Standard, and adopted by reference in R 287.651a.
(iv) Disposed of in accordance with 1969 PA 136, MCL
323.271.
(v) Other methods, as approved by the director.
(11) For an animal production operation accumulation
less than 20,000 pounds of mortality annually, composting
may be done without a structure or vessel provided the
following conditions are met:
(a) A new composting site shall be selected for use
annually. The following shall apply:
(i) Use of the current year’s site may continue until
the compost is finished, but not more than 2 years from
the time of the first dead animal addition, at which
time the finished compost must
be disposed of in accordance with Rule 5(10).
(ii) No new tissue shall be added to a site after 1
year from the first dead animal addition.
(iii) A new site may be immediately adjacent to a previous
site.
(iv) A previous site shall not be reused within a 10-year
period of time.
(b) A new site shall be on land used in crop rotation.
(c) A new site shall not be directly above subsurfacing
drains or tile.
(12) Active composting shall maintain all of the following:
(a) Carbon-to-nitrogen ratio minimum of 15:1.
(b) Moisture content, range of 40% to 60%.
(c) At least 1 reading of a temperature greater than
130 degrees Fahrenheit after the initiation of a batch
with the temperature measured at a depth of one foot
into the compost once weekly. A temperature reading
shall be conducted twice per week for a rotating drum,
continuous flow, invessel system.
(i) The following conditions shall be met for active
composting:
(A) Composting temperature may remain in a range of
100 to 150 degrees Fahrenheit for several weeks.
(B) Properly timed aeration and (or) moisture alterations.
(ii) Each batch of animal tissue compost must undergo
a minimum of 3 heat cycles of active composting before
final utilization.
(iii) A static compost pile may be aerated passively,
by periodic agitation, mixing or turning, or by using
forced aeration.
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(13) A person shall manage the composting process in
compliance with the guidelines described in the Michigan
Animal Tissue Composting Operational Standards, as adopted
by reference in R 287.651a, and all of the following:
(a) The composting process shall be managed in batches.
Composting shall involve controlled
active and curing phases, temperature-based aeration,
and a planned end point of not more than 2 years from
the time of the first dead animal addition to a batch.
Complete curing is not required. Compost is considered
finished based on its planned use as a soil amendment
or rooting medium, and its aesthetic acceptability.
In the context of animal tissue composting, finished
and cured are different terms. Compost shall be finished;
however, complete curing is not required.
(b) Dead animals shall be added to the compost batch
within 24 hours following death.
(c) Afterbirth may be stored in closed impervious containers
and shall be added to the batch within 3 days of initiating
container use.
(d) Initially, the compost pile or windrow shall be
constructed with a base of dry absorbent bulking agent
that is at least 1 foot deep before any dead animal
is added for composting. A base depth of 2 feet shall
be used for dead animals of greater than 600 pounds
body weight.
(e) Dead animals shall not be placed in the pile or
windrow closer than 6 inches to any edge or wall.
(f) Dead animals shall be covered by a minimum of 6
inches of bulking agent and not be exposed.
(g) Pieces of hide remaining at the completion of curing
shall be removed and added to a new active compost batch
or shall be disposed of under section 21, 1982 PA 239,
MCL 287.671, before the compost may be sold or transferred
or applied to crop land.
(h) Large bones of mature animals remaining at the completion
of curing shall be crumbled during the mechanical spreading
process or removed and added to a new active compost
batch, or disposed of under section 21, 1982 PA 239,
MCL 287.671, before the compost may be sold or transferred
or applied to crop land.
(i) Flies, rodents, pests, vermin, and other scavengers
or predators shall be controlled so as not to disrupt
the compost piles or constitute a risk or health hazard
to human or animal populations.
(j) Odors shall be controlled in accordance with the
Michigan Animal Tissue Composting Operational Standards,
as adopted by reference in R 287.651a.
(14) The disposition of finished compost may be by direct
application to soils, sale, or other transfer of ownership.
Application to soils shall be done in accordance with
the recommendations within the generally accepted agricultural
and management practices for nutrient management as
specified in 1981 PA 93, MCL 286.471.
(15) In the interest of public health or animal health,
the director may require that any compost be tested
at a laboratory approved by the director for certain
pathogenic organisms or any contaminant at any time
before the compost leaves the composing site.
(16) Composting dead animals shall not be removed from
the composting site, except as finished compost, unless
the dead animal is disposed of in accordance with section
21 of 1982 PA 239, MCL 287.671.
(17) The owner or operator of the composting site shall
keep records for 5 years containing the following information
and shall make the records available to the director
immediately upon request:
(a) The start date of each compost batch.
(b) The approximate weight, maturity, and species of
dead animals or afterbirth added each time an addition
is made and the dates the tissue is added to new compost
batches.
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(c) The temperature of each batch measured weekly, shall
be taken at a minimum of 1 foot deep into the compost.
(d) The date compost is mechanically aerated shall be
recorded.
(e) The final disposition of finished compost, including
the method, destination, date, and volume for the batch.
(18) A contingency plan to remedy problems and ensure
the proper disposal of dead animals shall be kept at
the compost site. The contingency plan shall include
all of the following information:
(a) A list of the following:
(i) The location of telephone numbers for and emergency
numbers for the police, the fire department, and medical
aid.
(ii) The person or persons responsible for the composting
operation.
(b) An action plan for all of the following emergencies:
(i) Fire.
(ii) Wind.
(iii) Flood.
(c) Plans for the proper disposition of dead animals
if composting is temporarily or permanently terminated.
R 287.656 Rescinded
Source: U.S. Department of Agriculture, September
27, 2008
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