DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT

ANIMAL INDUSTRY DIVISION

BODIES OF DEAD ANIMALS

(By authority conferred on the department of agriculture and rural development by

sections 15 and 27 of 1982 PA 239, MCL 287.665 and 287.677)

R 287.651 Definitions.

Rule 1. As used in these rules:

(a) "Afterbirth" means fetal fluids, placenta, and fetal mortality.

(b) "Anaerobic digestion" means the biochemical conversion of complex organic

materials, such as manure, into methane and other byproducts in the absence of oxygen.

(c) "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.

(d) "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.

(e) "Biogas" means the gaseous mix of methane, carbon dioxide, and other trace gases

including hydrogen sulfide, ammonia, and hydrogen.

(f) "Digestate" means the mixture of liquid and solid material (slurry) remaining after

the digestion process is completed. Digestate is commonly known as effluent.

(g) "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.

(h) "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.

(i) "In-vessel" means composting within a container, using forced aeration by

mechanical turning (rotating drum).

(j) "Leachate" means any liquid that may drain from compost.

(k) "Mesophilic" means operating the anaerobic digester in the temperature range of 95

degrees Fahrenheit to 105 degrees Fahrenheit.

(l) "NRCS" means Natural Resources Conservation Service of the United States

Department of Agriculture.

(m) "Passive aeration" means the movement of air through a compost pile brought

about by the pull that is created when warm air exits the top and side of the pile and air

from or through other parts of the compost is drawn in to take its place. Exiting air

contains gases, moisture, and heat.

(n) "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

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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.

(o) "Site" means the location on premise where composting occurs.

(p) "Specifically designed container truck" means a truck or other vehicles

designed or modified and constructed to haul individual leak proof containers.

(q) "Surface waters" means the definition in R 287.651(1)(o)(i) to (viii).

(r) "Thermophilic" means operating in the temperature range of 125 degrees Fahrenheit

to 135 degrees Fahrenheit.

(s) "Trap grease," also referred to as "interceptor grease," means any restaurant

grease skimmed, filtered, separated, or otherwise captured from wastewater before

discharge.

(t) "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.

History: 1995 AACS; 2007 AACS; 2011 AACS.

Editor's Note: An obvious error in R 287.651 was corrected at the request of the promulgating agency,

pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing

the error was published in Michigan Register, 2011 MR 11. The memorandum requesting the correction

was published in Michigan Register, 2011 MR 20.

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 and Rural Development, 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 Vegetated Treatment Area

Conservation Practice Standard, Date

http://www.nrcs.usda.gov/technical/Standards/nhcp.html

October,

2009,

or

is

available

at

Natural

Resources

Conservation Service, Attention: Conservation Communications Staff, P.O. Box 2890,

Washington, DC 20013.

(b) The Natural Resources Conservation Service 313 Waste Storage Facility

Conservation

Practice

Standard,

November,

2005,

or

is

available

at

http://www.nrcs.usda.gov/technical/Standards/nhcp.html

Natural

Resources

Conservation Service, Attention: Conservation Communications Staff, P.O. Box 2890,

Washington, DC 20013.

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(c)

The Michigan Animal Tissue Composting Operational Standards, Michigan

State University and Natural Resources Conservation Service, September, 2006, is

available at https://www.msu.edu/~rozeboom/ or Swine Nutrition & Production

Management, 2209 Anthony, Department of Animal Science, Michigan State

University, East Lansing, MI 48824-1225 or the Michigan Department of Agriculture

and Rural Development, P.O. Box 30017, Lansing,

Michigan

48909, or

http://www.michigan.gov/documents/mda/BODA_Composting_Operational_Standards_

216592_7.pdf

(d) The Natural Resources Conservation Services, Field Operations Technical Guide

Anaerobic Digester (NO) 366, October

http://www.nrcs.usda.gov/technical/Standards/nhcp.html

2010,

or

is

available

at

Natural

Resources

Conservation Service, Attention: Conservation Communications Staff, P.O. Box 2890,

Washington, DC 20013.

History: 2007 AACS; 2011 AACS.

Editor's Note: An obvious error in R 287.651 was corrected at the request of the promulgating agency,

pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing

the error was published in Michigan Register, 2011 MR 11. The memorandum requesting the correction

was published in Michigan Register, 2011 MR 20.

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.

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(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 environmental

quality.

(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

environmental quality under the natural resources and environmental protection act, part

115 solid waste management, 1994 PA 451, MCL 324.11501 to 324.11554.

(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.

History: 1995 AACS; 2007 AACS; 2015 AACS.

R 287.653 Vehicles licensed for transportation of dead animals or restaurant

grease.

Rule 3. (1) A vehicle licensed for the transportation of dead animals or restaurant

grease shall conform to both of the following specifications:

(a) The parts of the licensed vehicle that come in contact with dead animals or

restaurant grease shall be made of impervious material and shall be constructed to

prevent leakage or seepage of any material from the vehicle.

(b) Except for specifically designed container trucks, the body of the licensed vehicle

shall be designed to prevent public viewing of the truck's contents.

(2) All dead animals or restaurant grease hauled in

container truck shall be enclosed in a leakproof container.

a

specifically designed

(3) Each container containing dead animals or restaurant grease shall be individually

covered or a covering or tarpaulin approved by the director

shall be carried and used to completely cover all containers when the vehicle is loaded.

(4) Any container, item of equipment, covering, or tarpaulin used in connection

with the handling or transportation of dead animals or restaurant grease shall be

kept clean and properly disinfected.

(5) If a licensed vehicle has been used to haul or handle dead animals which have

died or which have been killed as a result of a contagious or infectious disease, the

vehicle shall be cleaned and disinfected, in a manner approved by the director, at

the point of destination before proceeding further.

(6) Each licensed vehicle used to transport dead animals or restaurant grease shall

display a decal sticker issued by the department. The location for affixing the

decal on the vehicle shall be the lower right corner of the exterior surface of the door

on the passenger side of the vehicle. The location for affixing the decal on trailing

units shall be on the exterior and the lower right corner as near the front as possible.

History: 1995 AACS.

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R 287.654 Licensed facilities.

Rule 4. (1) Except for approved escapes for steam, all tanks, cookers, boilers, driers,

and condensers shall be airtight. Steam shall be controlled in a manner that does

not constitute a public or private nuisance or pose a threat to the health of the public

or animals.

(2) The facility shall be constructed for the purpose intended and shall be maintained

and kept in proper repair at all times.

(3) Licensed facilities shall have all of the following:

(a) Floors and walls constructed of a material that can be easily cleaned and

disinfected.

(b) Floors that have adequate surface drainage so that liquids will not collect or create

standing pools.

(c) An adequate supply of running hot water for cleaning purposes.

(d) Properly equipped storage facilities for raw and finished product to prevent access

by birds, vermin, or other animals.

(e) Loading and unloading docks and platforms constructed so that drainage is

adequate and natural precipitation will not collect or create standing pools.

(f) Equipment necessary to maintain the facility in a clean and sanitary condition,

including insect and pest control equipment.

(4) The floor space and equipment in a licensed facility shall be kept clean and free

of accumulations of filth and debris.

(5) Sewers and drains shall be kept in appropriate working order to ensure proper

drainage.

(6) All processing of dead animals shall be done within the licensed facility.

(7) Accumulations of dead animals shall not create a public or private nuisance or

health hazard.

(8) Odors in and around licensed facilities shall not be allowed to create a public or

private nuisance.

(9) Licensed facilities shall have odor control equipment, which shall be approved by

the director, available on the premises.

(10) Dead animals shall be stored indoors on floors constructed of concrete or

other material approved by the director.

(11) The contents of the digestive tract and manure shall not be allowed to accumulate

on the premises of any licensed facility for more than 6 days and shall be disposed of

in a manner that does not create a public nuisance or health hazard or endanger the

health of livestock.

(12) The contents of the digestive tract shall be stored in covered containers that do

not leak.

(13) The rendering and processing of all dead animals at licensed facilities shall

be by a process approved by the director.

(14) Effluent disposal and waste disposal from a licensed facility shall be in a manner

approved by state and federal agencies responsible for regulating effluent and waste

disposal.

History: 1995 AACS.

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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.

(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 (Michigan State University 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 and passive,

forced, and (or) active aeration may be used with each method:

(a) Open pile.

(b) Bin.

(c) Windrow.

(d) In-vessel.

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(e) Other, as approved by the director.

(7) 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) 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) to (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:

(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 Utilization, January 2010, as established

in

1981

PA

93,

MCL

286.471,

and

published

at

http://michigan.gov/mda/0,1607,7-125-1567_1599_1605-70361--,00.html.

(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) 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 is selected for use annually. The following shall apply:

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(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 is 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 is not reused within a 10-year period of time.

(b) A new site is on land used in crop rotation.

(c) A new site is not 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 1 foot into the compost

once weekly. A temperature reading shall be conducted twice per week for a rotating

drum, continuous flow, in-vessel system.

(i) The following conditions shall be met for active composting:

(A) Composting temperature may remain in a range of 100 degrees Fahrenheit 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.

(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.

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(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 of 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 ofunder section 21 of 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 Utilization, January 2010, as specified in 1981 PA 93, MCL

286.471, and published at http://michigan.gov/mda/0,1607,7-125-1567_1599_1605-

70361--,00.html.

(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.

(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:

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(i) Fire.

(ii) Wind.

(iii) Flood.

(c) Plans for the proper disposition of dead animals if composting is temporarily or

permanently terminated.

History: 1995 AACS; 2007 AACS; 2011 AACS.

R 287.656 Rescinded.

History: 1999 AACS; 2007 AACS.

R 287.657 Anaerobic digestion.

Rule 7. (1) Unless otherwise approved by the director, anaerobic digestion methods

shall accommodate either of the following:

(a) Normal daily natural mortality under common ownership.

(b) Dead animals under the management of licensed dead animal dealers.

(2) Anaerobic digestion technologies suitable for mortalities include plug flow and

complete mix digester operating in the mesophilic and thermophilic temperature ranges.

(3) Anaerobic digestion systems shall consist of all of the following:

(a) Controlled input of organic digester feedstock.

(b) Controlled heating of digester feedstock, also known as digester contents.

(c) Control of digester vessel atmosphere. The headspace shall contain less than 5%

oxygen.

(d) Biogas and digestate production.

(e) Biogas destruction.

(f) Digestate management in accordance with federal and state regulations.

(4) Digester feedstock is commonly referred to as influent or substrate. Acceptable

digester feedstocks for anaerobic digesters in this state include the following:

(a) Livestock manure.

(b) Waste animal feed.

(c) Dead animals.

(d) Yard waste or grass clippings.

(e) Organic food processing waste.

(f) Waste grease/trap grease.

(g) Food waste intended for human consumption.

(h) By-products from ethanol, biodiesel, and algal production.

(i) Other digester feedstocks may be approved by the director of the Michigan

department of environmental quality operating under a national

pollutant discharge elimination system permit.

(5) Facilities operating under a national pollutant discharge elimination system permit

shall comply with the terms and conditions of the permit when utilizing non-farm

digester feedstocks for anaerobic digestion.

(6) A person shall manage an anaerobic digestion system treating dead animals in

compliance with the guidelines described in the Michigan on-farm anaerobic digester

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operational handbook, as adopted by reference in R 287.651a, and in accordance

with MCL 287.665.

(7) A qualified anaerobic digester operator. The operator of an anaerobic digester shall

meet all of the following requirements:

(a) Possess the skills necessary to start, maintain, and troubleshoot an anaerobic

digester.

(b) Complete the Michigan-on-farm anaerobic digester operator certification course.

(c) Obtain certification by the Michigan department of agriculture and rural

development as an anaerobic digester operator. The Michigan on-farm anaerobic

digester operator certification course provides instruction for persons seeking to obtain

the skills and knowledge necessary to meet the Michigan department of agriculture

and rural development's requirements for qualified digester operator certification.

Information on course enrollment may be obtained

from Michigan

State

University extension, (https://researchgroups.msu.edu/adrec) or the Michigan

Department of Agriculture and Rural Development, P.O. Box 30017, Lansing, Michigan

48909.

(8) One or both of the following methods of anaerobic digestion shall be used:

(a) Plug flow anaerobic digester. A plug flow anaerobic digester is a

long, narrow tank with a rigid or flexible cover. The tank is heated and

often built partially underground to reduce heat loss. Use of plug-flow

digesters is limited to higher solids feedstocks. Plug flow digesters are

generally not mixed, however, in some cases mixing is used to facilitate the

process.

(b) Complete mix anaerobic digester. A complete mix anaerobic digester is an

enclosed heated tank with a mechanical, hydraulic, or gas mixing system. Complete

anaerobic mix digesters are intended for slurry or liquid feedstocks. Mixing ranges

from intermittent to continuous.

(9) Anaerobic digestion systems processing dead animals shall operate within the

following parameters:

(a) Temperature: 95 degrees Fahrenheit to 145 degrees Fahrenheit.

(b) Hydraulic retention time: greater than 20 days.

(c) pH: 6.8 to 7.5.

(d) Volatile solids loading: in the range of 0.02 to 0.25 pounds of volatile solids per

cubic foot.

(e) Total solids of the digester contents: not to exceed 20% (200,000 ppm).

(f) Modifications to the operating parameters require approval from the director and

may occur when the director has sufficient evidence that the modifications will allow

the process to work effectively without causing harm to humans or the environment.

(g) Processing is recommended to reduce dead animals prior to introduction into the

anaerobic digesters. Particle size reduction to less than 2 inches in size improves heat

transfer and exposes additional surface area for biological activity.

(h) All water used for or generated during particle size reduction must be put directly

into digester or stored according to state regulations.

(i) Dead animals shall be added to the anaerobic digester within 24 hours following

death.

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(j) Afterbirth may be stored in closed impervious containers and shall be added to the

anaerobic digester within 3 days of initiating container use.

(k) The anaerobic digestion systems site shall maintain the following minimum

isolation distances:

(i) Two hundred feet from waters of the state as defined in R 287.651(1)(u)(i)

to (viii).

(ii) 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.

(iii) Not within a 10-year time-of-travel zone designated as a wellhead protection area

as recognized by the Michigan department of environmental quality, pursuant to the

program established under the Michigan safe drinking water act, PA 399 of 1976, MCL

325.1001 to 325.1023, unless approved by the local unit of government administering

the wellhead protection program. Where no designated wellhead protection area has

been established, construction shall not be closer than the minimum isolation distance as

stated on the well permit for a Type I or Type IIa public water supply. Facilities shall not

be constructed closer than 800 feet to a Type IIb or Type III public water supply

unless the structure is located in accordance with Table 1 of the Natural Resources

Conservation Service Technical Guide Waste Storage Facility (No) 313.

(iv) Two hundred feet from nearest non-farm residence.

(l) The disposition of digestate 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 Utilization, January 2010,

as specified in 1981 PA 93, MCL 286.471, and published at

http://michigan.gov/mda/0,1607,7-125-1567_1599_1605-70361--,00.html.

(m) In the interest of public health or animal health, the director may require that any

digestate be tested at a laboratory approved by the director for certain pathogenic

organisms or any contaminant at any time before the digestate is land applied.

(n) The owner or operator of the anaerobic digester shall keep records for 5 years

containing the following information and shall make the records available to the

director immediately upon request:

(i) 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 batches.

(ii) The daily input mass or volume of all digester feedstocks.

(iii) The daily temperature digester contents.

(iv) Daily biogas production information.

(v) Quarterly biogas composition information.

(vi) System maintenance and operation logs.

(vii) Design and construction documents showing the as-built capacity of the

anaerobic digester

(viii) The final disposition of digestate, including the method, destination, date,

and volume for the batch.

(ix) A contingency plan to remedy problems and ensure the proper disposal of dead

animals by anaerobic digestion. The contingency plan shall include all of the following

information:

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(A) A contingency plan shall be prepared to describe how digester contents will be

managed in the event of a biological failure. The contingency plan shall identify at a

minimum how to restart the digester, and how state regulations will be followed in

the event that the digester cannot be restarted. The plan shall include management of

dead animals and digester contents if operation of anaerobic digestion is interrupted or

terminated.

(B) A list of both of the following:

(1) The location of telephone numbers for and emergency numbers for the police, the

fire department, and medical aid.

(2) The person or persons responsible for operation of the anaerobic digester.

(C) An action plan for all of the following emergencies:

(1) Fire.

(2) Wind.

(3) Flood.

(4) Other mechanical failures.

History: 2011 AACS.

Editor's Note: An obvious error in R 287.657(6) was corrected at the request of the promulgating agency,

pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing

the error was published in Michigan Register, 2011 MR 11. The memorandum requesting the correction

was published in Michigan Register, 2011 MR 20.

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