DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT

ANIMAL INDUSTRY DIVISION

BODIES OF DEAD ANIMALS

Filed with the secretary of state on October 23, 2023

These rules become effective immediately after filing with the secretary of state unless

adopted under section 33, 44, or 45a (9) of the administrative procedures act of 1969, 1969

PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections become

effective 7 days after filing with the secretary of state.

(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 287.655 of the Michigan Administrative Code is amended, as follows:

R 287.655 Composting.

Rule 5. (1) Unless otherwise approved by the director, composting methods must

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.

(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:

(a) Dried grass.

(b) Hay.

(d) Chopped corn stover.

(e) Chopped bean stover.

(f) Unpainted wood chips that do not have additives or preservatives.

(g) Unpainted shredded bark that does not have additives or preservatives.

(h) Unpainted sawdust that does not have additives or preservatives.

(i) Leaves.

(j) Grass clippings.

(k) Grain hulls.

(l) Poultry litter or litter cake.

(m) Animal manure solids.

August 23, 2023

(n) Waste animal feeds.

(o) Finished or cured compost.

(p) A mixture of any of the recommended bulking agents listed in subdivisions (a) to (q)

of this subrule.

(q) 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 must 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 allowed by

the director.

(6) One or more of the following methods of composting must be used and passive, forced,

and active aeration, or any combination of the 3, may be used with each method:

(a) Open pile.

(b) Bin.

(d) In-vessel.

(e) Other, as approved by the director.

(7) The composting structure must 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 must be repaired before it is used again

for active composting.

(8) The site for composting must maintain the following minimum isolation distances:

(a) Two hundred feet from waters of the state as that term is defined in R 287.651(t)(i)

to (viii).

(b) Two feet above the seasonal high-water table, as that term is defined by NRCS 313

Waste Storage Facility Conservation Practice Standard and adopted by reference in R

287.651a.

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

(9) The composting site must be selected or graded, or both, 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 must be done in compliance with the following:

(a) All active, finished, curing, and cured compost at the site must be located in or on, 1

or both of the following:

(i) On an improved surface, as that term is defined by NRCS 313 Waste Storage Facility

Conservation Practice Standard, and adopted by reference in R 287.651a, 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, must 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 the 2023 Generally Accepted Agricultural Management Practices for

Nutrient Utilization, as established in the Michigan right to farm act, 1981 PA 93, MCL

286.471 to 286.474, and published at:

https://www.michigan.gov/mdard/-

/media/Project/Websites/mdard/documents/environment/rtf/2023-GAMPS/2023-

Nutrient-Utilization-GAAMPs.pdf.

(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 apply:

(i) Use of the current year’s site may continue until the compost is finished, but not more

than 2 years after the time of the first dead animal addition, at which time the finished

compost must be disposed of in accordance with subrule (10) of this rule.

(ii) No new tissue is added to a site after 1 year after 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.

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

(12) Active composting must maintain all of the following:

(a) Carbon-to-nitrogen ratio minimum of 15:1.

(b) Moisture content, range of 40% to 60%.

initiation of a batch with the temperature measured at a depth of 1 foot into the compost

once weekly. A temperature reading must be conducted twice per week for a rotating drum,

continuous flow, in-vessel system.

(d) The following conditions must be met for active composting:

(i) Composting temperature may remain in a range of 100 degrees Fahrenheit to 150

degrees Fahrenheit for several weeks.

(ii) Properly timed aeration, moisture alterations, or both.

(iii) Each batch of animal tissue compost must undergo a minimum of 3 heat cycles of

active composting before final utilization, unless the director determines fewer heat cycles

are necessary for the elimination of the virus of concern based on guidance from the United

States Department of Agriculture.

(iv) A static compost pile may be aerated passively, by periodic agitation, mixing or

turning, or by using forced aeration.

(13) An individual 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 must be managed in batches. Composting must involve

controlled active and curing phases, temperature-based aeration, and a planned end point

of not more than 2 years after 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 must be finished;

however, complete curing is not required.

(b) Dead animals must be added to the compost batch within 24 hours following death.

batch within 3 days after initiating container use.

(d) Initially, the compost pile or windrow must 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 must be used for dead animals of greater than 600

pounds.

(e) Dead animals must not be placed in the pile or windrow closer than 6 inches to any

edge or wall.

(f) Dead animals must 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 must be removed and added to

a new active compost batch or be disposed of under section 21 of 1982 PA 239, MCL

287.671, before the compost may be sold, transferred, or applied to crop land. In emergency

composting situations, the Director may authorize the removal of unfinished compost to a

new site.

(h) Large bones of mature animals remaining at the completion of curing must be

crumbled during the mechanical spreading process, removed, and added to a new active

compost batch, or disposed of under section 21 of 1982 PA 239, MCL 287.671, before the

compost may be sold, transferred, or applied to crop land.

(i) Flies, rodents, pests, vermin, and other scavengers or predators must be controlled so

as not to disrupt the compost piles or constitute a risk or health hazard to human or animal

populations.

(j) Odors must 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 must be done in accordance with the

recommendations within the 2023 Generally Accepted Agricultural and Management

Practices for Nutrient Utilization, as specified in the Michigan right to farm act, 1981 PA

93, MCL 286.471 to 286.474, and published at https://www.michigan.gov/mdard/-

/media/Project/Websites/mdard/documents/environment/rtf/2023-GAMPS/2023-

Nutrient-Utilization-GAAMPs.pdf.

(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 before the compost leaves the composing site.

(16) Unless otherwise authorized by the Director, composting dead animals must 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 make the records available to the director

immediately on 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.

into the compost.

(d) The date or dates compost is mechanically aerated.

(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 must be maintained at the compost site. The contingency plan must include all the

following information:

(a) A list of the following:

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

department, and medical aid.

(ii) The individual or individuals responsible for the composting operation.

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

(i) Fire.

(ii) Wind.

(iii) Flood.

permanently terminated.