TOWN OF CARLISLE MANURE MANAGEMENT REGULATIONS
I. PURPOSE AND AUTHORITY
The Board of Health of the Town of Carlisle, in the interest of and the preservation of public health, sets forth the following regulations for manure management in the Town of Carlisle.
These regulations are made and adopted by the Board of Health of the Town of Carlisle, Commonwealth of Massachusetts, acting under the authority of Chapter 111 Section 31 of the Massachusetts General Laws, and amendments or additions thereto.
These regulations supersede and void the “Regulations Pertaining to the Stockpiling of Manure” made and adopted by the Board of Health on February 3, 1987.
II. APPLICABILITY
All property owners who house livestock shall abide by the terms of manure management cited in this regulation.
III. MANURE MANAGEMENT
A. PREAMBLE
The Town of Carlisle is a community with a history of agricultural use. In keeping with this agricultural tradition, many residents house livestock on their properties.
Manure management is likely to be significant to protect the quality of surface and ground water supplies, to control disease transmission, and to minimize noisome odors and flies. Manure management can also allow the beneficial recycling of nutrients to pasture, cropland, and lawns for improved cover and yields.
B. DEFINITIONS
Board of Health: The appropriate and legally designated health authority of the town.
Direct abutter: Owners of the land that adjoins the side or rear lot lines of the property where livestock is housed, as certified by the Town Assessor.
Compost: To facilitate and accelerate the decomposition of waste.
Livestock: Livestock includes horses, cattle, sheep, goats, llamas, alpacas, swine, fowl, rabbits, and other farm animals housed in barns, sheds, or shelters. Livestock excludes dogs, cats, birds and domesticated animals normally kept in a residence. Livestock excludes bees.
Livestock Housing: A minimum three-sided roofed structure for keeping animals.
Managed waste: A manure stockpile or compost pile containing manure.
Manure: Livestock feces and urine and waste bedding from livestock keeping.
Noisome impact: Malodorous and excessively persistent odors or excessive numbers of flies.
Paddock: A fenced in area or enclosure, typically not vegetated, used for exercising animals.
Pasture: Land used for the grazing of livestock or for the harvest of hay.
Wetlands: A wetland resources area as defined under M.G.L. Ch.131, s. 40, and 310 CMR 10.00, the Wetlands Protection Act, and the Carlisle Local Non-Zoning Wetlands Bylaw.
C. PRESUMPTIONS
1. Manure will be managed. Manure will be collected on a regular, preferably daily, basis from livestock housing and paddocks. The collected manure will be (a) placed in a manure stockpile, (b) added to a compost pile, or (c) spread in a pasture in a manner consistent with good agricultural practices and USDA guidelines.
2. When managed waste is proposed to be located within 100’ of a potable water supply well, the Board of Health shall presume that those locations have the potential to impact ground water quality adversely. The presumption that a well on the premises of the applicant may be impacted may be overcome by documenting the well construction method and by locating the managed waste as far from the well as practical. Wells that are drilled into bedrock, cased, and capped are presumed not to be impacted. Managed waste proposed to be located within 100 feet of an abutter’s well shall require a variance pursuant to Section IV of these Regulations.
3. When managed waste is proposed to be located within 100’ of a wetland, the Board of Health shall presume that those locations have the potential to impact surface water quality adversely. The presumption that wetlands and thus surface water quality may be impacted may be overcome by showing that drainage from the managed waste locations is away from wetlands or that the managed waste creates no drainage, and that a negative determination of applicability has been issued by the Town Conservation Commission.
4. When managed waste is proposed to be located closer than 40’ to the lot line of a direct abutter, the Board of Health shall presume that those locations have the potential to generate noisome impacts to direct abutters. This presumption may be overcome by a clear showing that the locations are (a) visually screened or unobtrusive and (b) at a distance greater than 80 feet from the direct abutter’s dwelling and (c) generally downwind of that dwelling.
D. PERFORMANCE STANDARDS
1. Managed Waste Containment and Disposal
In order to promote regular collection of manure, managed waste will be located in areas:
a. Easily accessible from livestock housing or paddocks.
In order to minimize migration of manure constituents, managed waste will be located in areas:
a. Free of storm water run-off from any structure; and
b. Graded to keep surface water from running over or through the managed waste; and
c. Not subject to seasonal flooding.
In order to facilitate disposal or management by equipment, managed waste will be located in areas:
a. Accessible to needed equipment; and
b. Where the travel path of equipment can be prohibited from traversing the sewage soil absorption system.
2. Noisome Impact Control
In order to control odors, managed waste will be:
a. Kept under cover; or
b. Composted; or
c. Removed off-site on a sufficiently regular basis.
In order to control manure fly populations, managed waste will be:
a. Kept under cover; or
b. Composted; or
c. Removed off-site on a sufficiently regular basis; or
d. Treated with fly parasites; or
e. Provided with flytraps.
3. Compliance with these Performance Standards shall be determined by the Board of Health or its agents.
IV. VARIANCES
Any request for a variance from these regulations shall be submitted to the Board of Health in writing. The request shall clearly state the variances sought and the reasons. No variance shall be granted except after the applicant has notified all required abutters, by certified mail at the applicant’s own expense or by hand with proof of receipt, at least ten (10) days before the Board of Health meeting at which the variance request will be heard. The notification shall state the specific variance sought and reasons, and the time, date and place of the hearing.
Variances shall only be granted under the following conditions: (A) strict enforcement of the regulation will constitute manifest injustice to the applicant and (B) the granting of the variance shall not in any way impair the public health, the environment or animal health. The Board may impose any conditions it deems appropriate to protect the public health, environment and animal health.
V. PENALTIES
Any person who the Board of Health finds in violation of these regulations or who fails to comply with any order by the Board of Health to remedy such violation shall be subject to a fine of $5.00 (five) dollars for each day such violation exists.
VI. SEVERABILITY
If any provision of these regulations or the application thereof is held to be invalid by a court of competent jurisdiction, the invalidity shall be limited to these provisions(s) and the remainder of these regulations shall remain valid and effective. These regulations were adopted by vote of the Town of Carlisle Massachusetts Board of Health at their regularly scheduled meeting held on January 13, 2005, and are to be in full force and effect on and after March 1, 2005. Before said date, these regulations shall be published and a copy thereof placed on file in the Board of Health Offices and filed with the Department of Environmental Protection, in Boston. These regulations or any portion thereof may be amended, supplemented or repealed from time to time by the Board with notice as provided by law, on its
own motion or by petition.
TOWN OF CARLISLE
BOARD OF HEALTH
_______________________________________________
Martha Bedrosian, Chairman
_______________________________________________
Lisa Davis Lewis
_______________________________________________
Michael Holland
Adopted: February 3, 1987
Revised: January 13, 2005
Effective: March 1, 2005
| 
