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<regulation prefix="Regulation" num=".08" citation="COMAR 08.07.08.08" title_num="08" subtitle_num="07" chapter_num="08" heading="Voluntary Firewood Heat Treatment Certification.">
  <paragraph num="A.">
    <text>Definitions.</text>
    <paragraph num="(1)">
      <text>In this regulation, the following terms have the meanings indicated.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Terms Defined.</text>
      <paragraph num="(a)">
        <text>“Certificate” or “certification” means a written confirmation or document from the Department which affirms that firewood heat-treatment meets the requirements of this regulation at the time of inspection.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>“Certified forest product operator” means a licensed forest product operator who has obtained a certificate as defined in this section.</text>
      </paragraph>
      <paragraph num="(c)">
        <text>“Compliance agreement” means a written agreement between a licensed forest product operator and the Department in which the licensed forest product operator agrees to comply with the provisions of this regulation.</text>
      </paragraph>
      <paragraph num="(d)">
        <text>“Department” means the Department of Natural Resources.</text>
      </paragraph>
      <paragraph num="(e)">
        <text>“Firewood” means cut wood products intended for burning.</text>
      </paragraph>
      <paragraph num="(f)">
        <text>“Heat-treated firewood” means firewood produced by a certified forest product operator that has been heated to a minimum temperature of 71.1° C (160° F) at the core of a piece of firewood in the center of a load of firewood in a kiln for at least 75 minutes.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Requirements for Heat-Treated Firewood.</text>
    <paragraph num="(1)">
      <text>The following requirements apply to a certification for heat-treated firewood:</text>
      <paragraph num="(a)">
        <text>All firewood labeled and sold as heat-treated firewood shall be heated to a temperature of 71.1° C (160° F) at the core of a piece of firewood in the center of a load of firewood in a kiln for at least 75 minutes;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>All firewood labeled and sold as heat-treated firewood shall be stored in such a manner to avoid infection or infestation by pests or plant disease pathogens, and at least 4 inches above ground;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>All kiln controls, thermocouples, or other temperature instrumentation shall provide accurate outputs and readings;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Kiln methods and operations shall maintain for a minimum of 75 minutes a temperature of 71.1° C (160° F) at the core of a piece of firewood in the center of a load of firewood in a kiln;</text>
      </paragraph>
      <paragraph num="(e)">
        <text>A record-keeping system shall document:</text>
        <paragraph num="(i)">
          <text>For each treatment cycle, the date, time the required temperature is achieved, and duration for which the required temperature was maintained; and</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>For each shipment of heat-treated firewood, the name and address of the receiving person or entity, the destination, and the date of shipment;</text>
        </paragraph>
      </paragraph>
      <paragraph num="(f)">
        <text>Records required by §B(1)(e) shall be maintained for at least 2 years; and</text>
      </paragraph>
      <paragraph num="(g)">
        <text>All firewood sold as heat-treated firewood shall be labeled with:</text>
        <paragraph num="(i)">
          <text>The name and address of the certified forest product operator;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>The certificate number and date of expiration of the certificate; and</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>The following statement: “State of Maryland Department of Natural Resources Certified Heat-Treated Firewood Operator. This firewood was heat-treated for at least 75 minutes to a temperature of at least 71.1° C (160° F).”</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>Facilities, equipment, and records for firewood heat-treatment shall be inspected by the Department prior to issuance of a certificate, renewal of a certificate, and at any other time the Department considers necessary.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Certification Application. To attain certification, an applicant shall:</text>
    <paragraph num="(1)">
      <text>Complete an application form provided by the Department;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Remit a fee of $30; and</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Enter into a compliance agreement with the Department.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Certification Term and Renewal.</text>
    <paragraph num="(1)">
      <text>A certificate shall remain valid for 1 year from the date issued by the Department.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A certificate renewal application form shall be submitted, with a fee of $30, to the Department no later than 60 days prior to expiration of the certificate.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>Suspension and Revocation.</text>
    <paragraph num="(1)">
      <text>The Department may permanently revoke or temporarily suspend the certification of any licensed forest products operator who:</text>
      <paragraph num="(a)">
        <text>Is guilty of fraud or deceit in obtaining the certification;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Violates any provision of Natural Resources Article, §5-608, Annotated Code of Maryland, or this chapter; or</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Violates any provision of the compliance agreement.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>The Department shall provide a certified forest products operator with notice of its intent to suspend or revoke a certification and the right to a contested case hearing in accordance with COMAR 08.01.04.</text>
    </paragraph>
  </paragraph>
</regulation>