Title 15 — Subtitle 20. Soil and Water Conservation

Reduces soil loss associated with farming practices; or

Minimizes movement of sediment, animal wastes, nutrients, or agricultural chemicals into the waters of the State.

Control of woody growth or removal of shrubs and small trees which alter the flow, affect channel stability, or limit access to a channel;

Removal of channel obstructions, debris, and minor sediment deposits so long as the removal does not:

Cleaning out or installation of sediment traps;

Routine repair work needed to maintain the project in accordance with the approved design specifications; and

Installation of water control structures and stabilization of soil to prevent erosion.

Construction or reconstruction operations are performed from one side of the channel called the construction side, the other side of the channel being called the off-side;

Blowouts and treefalls are prevented by:

After construction, the off-side berm is allowed to reestablish natural vegetation, while all maintenance to the channel is performed from the construction side.

Public health, safety, or welfare;

Domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses;

Livestock, wild animals, or birds; or

Fish or other aquatic life.

The following degradation does not occur:

Significant aggregation to the channel occurs only within the designated limits on:

Conveys water;

Controls the direction or rate of flow of water; or

Maintains a desired water surface elevation.

All associations which operate and maintain a project shall submit to the Secretary for approval:

Until such time that an operation and maintenance plan for the project is approved by the Secretary, an association shall perform needed maintenance to the project in an environmentally sound manner;

An association shall operate and maintain a project according to the operation and maintenance plan for the project approved by the Secretary;

If an association intends to perform any project maintenance not addressed in an existing operation and maintenance plan for a project approved by the Secretary, the association shall obtain the written approval of the Secretary, except that an association may make immediate corrective repairs to a project when necessary;

The Secretary shall make the final determination whether any proposed activity on a project is maintenance or reconstruction.

Before constructing or reconstructing a project, an association shall have a construction or reconstruction plan and an operation and maintenance plan for the project approved by the Secretary;

An association shall construct or reconstruct, operate and maintain a project according to the construction or reconstruction plan and the operation and maintenance plan for the project approved by the Secretary;

If an association intends to perform any project maintenance not addressed in a existing operation and maintenance plan for the project approved by the Secretary, the association shall obtain the written approval of the Secretary, except that an association may make immediate corrective repairs to a project when necessary;

The Secretary shall make the final determination whether any proposed activity on a project is maintenance or reconstruction.

All of the association's taxable cropland acreage in a proposed project shall be under a:

If any landowner refuses to comply with §B(1)(a), the Secretary may:

A transmittal letter to the Secretary, including:

The project design specifications, including:

The construction methods, including:

Water quality protection measures including plans for:

A signed statement from the local soil conservation district, stating that the project's farmland will meet the soil conservation and water quality plan requirements in accordance with Regulation .06.

A transmittal letter to the Secretary, including:

The project's maintenance program, including a general description of the project's soil types and provisions to:

Maintenance methods, including:

Water quality protection measures, including plans for:

An implementation schedule for the project's maintenance program.

The channel design shall include necessary water control structures for the efficient functioning of the channels. These structures include:

Water control structures shall be designed, where applicable, according to the provisions in Natural Resources Article, §4-501 et seq., Annotated Code of Maryland.

Water surface elevations;

Water velocities; and

Hydrograph timing.

Diverting surface water around spoil banks;

Protecting channel bank stability by properly placing spoil; or

Sloping the finished surface of the spoil away from a channel.

“Main channel” means the primary water course constructed or maintained by an association that drains water from a subwatershed or watershed area and lateral channels.

“Lateral channel” means any watercourse constructed or maintained by an association that transports water from segments of a subwatershed or watershed to the main channel.

Acceptable BMPs may include:

In the absence of BMPs approved by the Secretary, a minimum 10-foot wide vegetated strip shall be established and maintained along each cleared side of a lateral channel.

It is the only practical reconstruction method; or

Both-sided construction or reconstruction was previously used and both right-of-ways are clear of woody growth.

Presence of trees and shrubs will prevent adequate access to a channel for maintenance; or

Absence of these areas of trees and shrubs will not elevate water temperature to levels that will adversely impact fish or other aquatic life.

Support a predominance of plants that grow in water or in periodically water saturated soils;

Have remained natural and uncultivated for at least 3 successive years; and

When drained or filled, will cause water pollution by significantly:

One acre of land with equal soil-water conditions shall be created to replace each acre of drained or filled land when the:

In all other cases, 1 acre of temporarily to permanently flooded land shall be created to replace every 4 acres of drained or filled land.

The channel bottom, banks, and berms;

Adjacent trees or other objects that may fall into a channel;

Access roads;

Temporary disposal areas; and

Areas designated by a soil conservation district for planned conservation areas.

Channel banks shall be seeded at the end of each day's excavation; and

Other areas where soil has been disturbed shall be seeded within 7 days of final soil disturbance.

Removal of silt bars and sediment;

Restoration of a stable channel bank slope; and

Maintaining the approved channel or sediment trap design.

Prevent watershed runoff from entering the natural flood plain;

Interfere with travel ways;

Endanger the stability of a channel;

Fill adjacent wetlands; and

Wash back into a channel.

Conditional approval may be issued for plans submitted by the county before an association is legally established,

Final approval shall be given only when the Secretary is furnished a letter from the county government stating that it has approved the plan and established the association,

Any changes in the plan by a county shall be submitted to the Secretary, who shall forward copies to the Secretaries of the Departments of Natural Resources and the Environment for review;

Detail the damage to the channels, vegetation, and water control structures; and

Describe needed repairs and corrective maintenance and the projected time when the work shall be accomplished.

An association shall send a written inspection report to the Secretary by March 1st of the appropriate year. The report shall:

An association need not file the biennial written inspection report required in §A(3) if:

Include the items of work, cost, and the date the work was completed; and

Be made available upon request to the Secretary.

Consult with the Secretary of Agriculture; and

Provide the Secretary of Agriculture a reasonable period of time to solve any problem.

The hearing request shall be made in writing to the Secretary who issued the order;

The hearing request shall be made not later than 10 days after the date the order is served;

When different Departments have initiated administrative proceedings arising from the same or related activities, any person subject to more than one order may request a consolidated hearing;

The hearing shall be scheduled within 30 working days from the receipt of the request;

A decision shall be rendered within 30 working days from the hearing date;

The Administrative Procedure Act, State Government Article, §10-201 et seq., Annotated Code of Maryland, governs the practice and procedure in all hearings and appeals.

First, correcting the deficiencies in the agricultural drainage project in question; and

Second, supporting the Secretary of Agriculture's program for review and approval of the agricultural drainage projects.

Owns;

Operates, or

Has a legal interest in.

A school-authenticated college degree in an agriculturally related area, and 1 year of practical experience acceptable to the Department in nutrient management planning, or

A combination of education and practical experience related to nutrient management planning which is acceptable to the Department; and

Makes application to the Department 15 days before the next examination date; and

Pays a certification fee.

At least 6 hours of training within the first year, and 12 hours thereafter within the 3-year term for certified consultants; or

At least 2 hours of training within the first year, and 6 hours thereafter within the 3-year term for certified farm operators;

Soil test phosphorus levels for each field or management unit in the nutrient management plan and expressed in terms of the Fertility Index Value;

Acreage associated with a specific soil analysis and field or management unit;

The county in which the field or management unit is located; and

Other information that the Department considers necessary to evaluate soil phosphorus data.

Consultant's name and certification and license number,

Landowner's or operator's name and address,

Location of the land, including county and watershed code,

Total acres of land for nutrient application, including acres of each crop or land cover,

Date of the initial plan and subsequent revisions,

Soil analysis for each field,

Organic waste analysis,

Expected crop yields by field, and basis used for calculations,

Recommended nutrient rates for each field and crop, including application time and methods to be used,

Any adjustment of recommendations due to limitations, which shall be justified and documented, and,

Any other instructions or suggestions resulting in plan modification; and,

Receives manure from an eligible sending operation;

Has fields containing soils that are not phosphorus overenriched; and

Has a certified nutrient management plan for the operation that allows manure to be applied as a source of primary nutrients to these fields.

Either is:

Has land identified as being phosphorus overenriched or cannot use for crop production all of the generated manure because the person has:

All receiving fields have soil phosphorus FIV less than 101 (or an equivalent value); and

Manure is applied only to certain crops, at certain rates and times, consistent with the Maryland Nutrient Management Manual, Section I-D, or as determined by the Department in consultation with the University of Maryland Extension.

An eligible receiving operation;

A person who can utilize manure for an alternative use; or

A person outside the Chesapeake Bay watershed pursuant to the Poultry Manure Rail Export Process.

Minimize nutrient loss or runoff; and

Maintain the productivity of soil when growing agricultural products.

Is under contract with a commercial poultry producer; and

Generates manure from poultry.

All receiving fields have soil phosphorus FIV less than 150 (or an equivalent value);

The manure is applied according to a certified nutrient management plan excepting, however, fields having phosphorus FIV range from 101 to 149 (or equivalent values), for which the operator must follow manure recommendations using phosphorus as a limiting factor; and

The applicant submits to the Department the receiving operation’s current certified nutrient management plan so that the Department can verify the manure recommendations and soil phosphorus levels.

A transport vehicle shall contain the livestock or poultry manure within the cargo area or tank without any loss of material during transport on a public road or railway; and

All equipment used to handle or transport manure shall be cleansed, washed, and disinfected before operating this equipment on or near another poultry or livestock operation; and

Shall ensure that all poultry manure is covered while being moved on a public road, highway, or railway;

Shall ensure that a truck-mounted or a tractor-drawn spreader is covered during the movement of this equipment from one farm to another unless the farms are contiguous; and

May not transport manure containing dead birds that are not completely composted.

If a broker is submitting the application, the broker shall submit the application directly to the Department for review and approval; and

If an eligible receiving operation is submitting the application, the operation shall submit the application to the local soil conservation district for a preliminary review which, following this review, will forward the application to the Department for final review and approval.

The applicant’s name, address, telephone number, and email address;

The eligible receiving operation’s name and address (if different than the applicant’s name and address);

For poultry manure:

For livestock manure, the name and address of the eligible sending operation;

A signed statement by the owner or operator of the receiving operation acknowledging that manure transported under the Standard Process will be applied only to fields that are not phosphorus overenriched in accordance with the certified nutrient management plan, as follows:

Certain information from the current certified nutrient management plan for the eligible receiving operation, including organic recommendations, soil tests, and manure analysis.

The name and address of the eligible sending operation; and

The name of the commercial poultry producer that contracts with the eligible sending operation to grow poultry;

The farm name of the eligible sending operation and the owner or operator’s name and address; and

The name of the commercial poultry producer that contracts with the eligible sending operation to grow poultry;

Documentation regarding planned use or treatment of any nutrient-enriched byproducts produced from the processing of manure;

Documentation of proof of compliance and evidence that all applicable permits or approvals to operate a facility have been obtained;

Documentation, if not covered by a permit, regarding efforts to minimize environmental impacts during the manufacturing or processing of products containing manure;

The location of a delivery site for the off-loading of manure that is safe and does not pose any undue environmental risk to water quality as determined by the Department;

The location and manner of storing or stockpiling manure that protects it from rainfall, runoff, and leaching; and

Documentation that a performance bond or other security, as provided under Regulation .14 of this chapter, has been obtained; and

Obtain manure only from an eligible sending operation;

Use manure in an environmentally acceptable way, as determined by the Department, other than by direct land application in an unprocessed form;

Handle and transport manure in accordance with all biosecurity and environmental safeguards as provided under Regulation .04 of this chapter;

Allow a Department representative, during normal business hours, to inspect and to have access to the stockpile, storage area, and place of business where records are kept, to determine compliance; and

Maintain inventory records for at least 3 years from date of payment, showing:

From an eligible sending operation to an alternative use facility; or

From the alternative use facility to the receiver of the processed product; and

Loaded onto rail cars before being shipped outside the Chesapeake Bay watershed; and

Unloaded from rail cars after being shipped outside the Chesapeake Bay watershed;

The name of the sending operation that provided the poultry manure, including address, telephone number, and property account identification number used by the Maryland Department of Assessments and Taxation to indicate the location of the producer;

The amount of poultry manure obtained from that producer; and

The amount of poultry manure shipped under the Poultry Manure Rail Export Process.

The amount of funds a commercial poultry producer has committed to provide during the fiscal year;

The amount of State funds available for the Project; and

Demand for Project funds.

Pass on part or all of its Project participation costs to any poultry grower with which it contracts; or

Penalize a poultry grower for participating in the Project.

The name of the eligible sending operation and the amount of manure obtained from that person;

If the manure is land-applied, the name of the eligible receiving operation and the amount of manure transported to that person; and

The amount of manure stored or stockpiled;

The name of the sending operation and the amount of manure obtained from that person;

If the manure is land-applied, the name of the receiving operation and the amount of manure transported to that person; and

The amount of manure stored or stockpiled;

In a form satisfactory to the Department;

Issued by a financial institution approved by the State;

Equivalent to the required bond; and

Guaranteed to be available and payable directly to the State on demand, in the event of forfeiture.

“Agricultural land” means more than 10 acres of land used to produce food, feed, fiber, sod, animals, plants, trees, or plants in containers, or for out-of-ground production.

“Agricultural land” includes smaller, noncontiguous land parcels that total more than 10 acres.

Owns;

Operates; or

Has a legal interest in.

Supply crop or plant nutrient needs; and

Achieve realistic yield goals, as defined by COMAR 15.20.04.

Training and planning employee activities; and

The application of nutrients.

Tills, crops, keeps, pastures, or produces an agricultural product, including livestock, poultry, plants, trees, sod, food, feed, or fiber by in-ground, out-of-ground, container, or other culture; and

Has a gross annual income of $2,500 or more, or has eight or more animal units.

Contains recognized plant nutrients, or liquid byproducts, that meet federal and State regulations for beneficial use by land application or other methods; and

Is regulated as sewage sludge pursuant to the Environment Article, §9-201 et seq., Annotated Code of Maryland.

Owns;

Operates; or

Has a legal interest in.

“Chemical fertilizer” means a manufactured or blended nutrient source, usually in granular or liquid form, containing a guaranteed analysis of primary nutrients.

“Chemical fertilizer does not include a product blended from all natural organic fertilizer sources.

Minimize nutrient loss or runoff; and

Maintain the productivity of soil when growing agricultural products.

Develop a nutrient management plan addressing both nitrogen and phosphorus as the limiting nutrients on that agricultural operation by December 31, 2001, and

Implement the plan by December 31, 2002;

Develop a nutrient management plan addressing nitrogen as the limiting nutrient on that agricultural operation by December 31, 2001, and

Implement the plan by December 31, 2002;

Develop a nutrient management plan addressing both nitrogen and phosphorus as the limiting nutrients on that agricultural operation by July 1, 2004, and

Implement the plan by July 1, 2005; and

A good faith effort was made to obtain the services of a certified nutrient management consultant at least 60 days before the applicable deadline, and

Circumstances beyond the reasonable control of the operator prevented the plan from being completed by the deadline; and

The date and time the consultant was contacted by the operator to request plan development,

That the consultant was unavailable, and

A reasonable time frame needed for the development of a plan.

All aspects of the agricultural operation, including tillage, cropping, pasture, or production of an agricultural product, such as plants, trees, sod, food, feed, animals, and fiber;

Identification, management, and disposition of all primary nutrients produced on, imported to, and exported from the agricultural operation;

Manure management conditions that protect water quality and improve manure utilization, and:

Occurrence of a condition beyond the control of the operator, including a natural disaster, unanticipated weather condition, animal mortality, or disease; or

Occurrence of unanticipated conditions, such as market changes or economic factors that may cause modification of the agricultural operation, or other limitations, such as equipment calibration limits, or limits on the availability of commercial fertilizer blends to reasonably meet nutrient management recommendations.

Consistent with plan criteria; and

Documented under Regulation .06B of this chapter.

The operator complies with the soil testing requirements set forth in COMAR 15.20.08.05D, including any changes to plan requirements under this chapter;

The soil test analysis verifies that the phosphorus fertility index value (FIV) is 100 or less; and

There have been no significant changes to the operation, including the crop rotation, management and tillage systems, and crop yield goals.

To the planned crop or cropping rotation, or introduction of a new crop when it is not currently addressed in an existing nutrient management plan, unless the new crop will have fertility management similar to that crop originally planned;

Of nutrient source or soil test results that indicate a change in nutrient recommendations;

Of 10 percent or greater in acreage managed, or 30 acres, whichever is less; or

In the average annual number of animal units of 10 percent or greater, when the resultant manure production will require significant management adjustments.

A statement agreeing to cooperate with the Department to establish a reasonable time to evaluate compliance with the plan, by reviewing records and visiting the farm site or sites, as provided in §B(2) of this regulation;

Descriptive information of the agricultural operation provided on a Department form, including the owner or operator, location of the operation, type of agricultural operation, and name of the individual preparing the plan;

A summary section of the plan indicating all nutrient recommendations during the plan period, as provided by COMAR 15.20.08.04F;

Soil analysis information; and

A clearly recognizable map or aerial photograph identifying location and boundaries of the agricultural operation, individual field boundaries or management units, and acreage.

A summary of basic information identifying the operator and characterizing the farm operation to include any changes in information on the agricultural operation that was provided in the reporting form for the first submitted plan;

Total acreage managed under a nutrient management plan by crop and total nutrients applied by crop;

If the operator, in conjunction with the agricultural operation, uses or produces animal manure, the following information:

A statement verifying that:

Arrange a meeting with the operator at a reasonable time and location, that allows the property owner or operator to be present, with a minimum of 48 hours prior notice; and

Conduct the evaluation in a manner that minimizes any inconvenience to the operator.

Any nutrient management plan prepared for an agricultural operation, as required under this chapter;

Soil analysis results for an agricultural operation;

For agricultural crops produced or harvested annually, specific field or management unit yield information for the last 5 years which may include estimates based on volume or weight;

For agricultural products that are not produced or harvested annually, or whose production is not managed based on an annual yield goal, such as nursery plants, information documenting nutrient use to meet specific production goals for three production cycles, or 3 years, whichever is less;

For out-of-ground or container production, a description of production cycles and methods for all plants grown, including the following:

Receipts related to the purchase of nutrients;

Documentation of the timing, rate, quantity, type or types, and analysis of nutrients used with reference to field location and number, or management unit, consistent with the production plan, site map, or aerial photograph provided in the nutrient management plan identifying that agricultural land;

Manure analysis results when animal manure is used as a nutrient source, and information about the manure management system, if animals are part of the production unit or if animal manure is used as a nutrient source, but animals are not produced on the operation;

Monitoring information on runoff testing, including test results, as required for out-of-ground agricultural operations by COMAR 15.20.08.07D; and

Documentation justifying any changes made to the nutrient management plan, as provided under Regulation .05C of this chapter.

After 30 days from issuance of the notice, an administrative penalty of not less than $100 and not more than $250 if the person fails to submit the report within 60 days from its issuance;

After 60 days from issuance of the notice, an enhanced administrative penalty of not less than $250 and not more than $1000 if the person fails to submit the report within 90 days from its issuance; and

After 90 days from issuance of the notice, a further enhanced administrative penalty of not less than $1000 if the person fails to submit the report within 91 days from its issuance.

Tills, crops, keeps, pastures, or produces an agricultural product, including livestock, poultry, plants, trees, sod, food, feed, or fiber by in-ground, out-of-ground, container, or other culture; and

Has a gross annual income of $2,500 or more, or has eight or more animal units.

Determined for an agricultural operation by averaging the P FIV of all fields or management units within the operation that have a P FIV greater than 150 (calculated by adding together the P FIV of each field or management unit within the operation that has a P FIV greater than 150 and dividing this sum by number of any such fields or management units); and

Established not later than June 30, 2016, using soil tests not more than 3 years old.

Minimize nutrient runoff or pollution of water resources; or

Improve agricultural production and management.

Contains recognized plant nutrients or liquid byproducts that meet federal and State regulations for beneficial use by land application or other methods; and

Is regulated as sewage sludge, pursuant to Environment Article, §9-201 et seq., Annotated Code of Maryland.

Owns;

Operates; or

Has a legal interest in.

“Chemical fertilizer” means a manufactured or blended nutrient source, usually in granular or liquid form, containing a guaranteed analysis of primary nutrients.

“Chemical fertilizer” does not include a product blended from all natural organic fertilizer sources.

Natural organics;

Organic, synthetic isobutylidene diurea and urea fomaldehyde;

Sulfur-coated synthetic organic or inorganic fertilizers; and

Inorganic, resin-coated fertilizers.

Seasonal protection of soil;

Assimilation of residual nitrogen left from a previous crop; and

Continued mineralization of nitrogen.

Used to describe the relative availability of nutrients to a plant or crop; and

Described in the Maryland Nutrient Management Manual, Section II-B.

Typically are not mixed with synthetic materials; or

Are not changed in any physical or chemical manner from their initial state, except by means of cooking, chopping, composting, drying, grinding, shredding, or pelleting.

Supply crop or plant nutrient needs; and

Achieve realistic yield or plant production goals, as defined by this chapter.

Uses characteristics of soils, landforms, and management practices to identify potential risk of phosphorus losses from soils to waters; and

Shall be phased-in between 2016 and not later than 2024, ultimately replacing the Phosphorus Site Index.

Consists of three risk categories determined by a calculation of the Phosphorus Management Tool; and

Includes a schedule for implementation based on the average soil P FIV for the operation.

Consists of three risk categories determined by a calculation of the Phosphorus Management Tool; and

Includes a schedule for implementation based on the average soil P FIV for the operation.

“Waters” means surface water or ground water, including:

“Waters” do not include irrigation and treatment ditches installed to hold, transform, treat, or transfer water or wastewater, if a separation is maintained between the ditches and waters, as defined in §B(38)(a) of this regulation, at all times.

The location and boundaries of the agricultural operation;

The individual field boundaries or management units;

A field or management unit number or identifier; and

Acreage of each field or management unit.

Provide the operator greater flexibility, and

Minimize the need for a plan update;

The liming of the soil,

The application time for nutrients, including split applications, and the use of diagnostics to determine crop nutrient requirements,

Any nutrient application method,

The need to calibrate application equipment,

The incorporation of natural organic fertilizers, and

Any management strategy to achieve soil fertility within an optimal range; and

To the planned crop or cropping rotation, or introduction of a new crop not currently addressed in the existing nutrient management plan, unless the new crop or plant will have fertility management similar to that originally planned,

Of nutrient source or soil test results that indicate a change in nutrient recommendations,

In acreage managed of 10 percent or greater, or 30 acres, whichever is less, or

In animal units of 10 percent or greater if resultant manure production will require significant management adjustments; and

University of Maryland Plant or Crop Nutrient Recommendations, as provided in the Maryland Nutrient Management Manual, Section I-B; or

Alternative standards, as provided in scientifically validated data for the development of a nutrient management plan acceptable to the Department.

An average of the 3 highest-yielding years for the crop out of the latest consecutive 5-year cropping sequence; or

If yield information exists for more than 5 years for a given field or management unit, crop yield calculations may be based on the average of 60 percent of the highest-yielding years for all consecutive years that crop yield information is available.

Any soil productivity information;

The average yield based upon an average of the 3 highest-yielding years for the crop out of the latest consecutive 5-year cropping sequence from nearby fields or management units with similar soil type and management conditions; or

Any data acceptable to the Department.

Soil samples collected from larger fields or acreage with uniform characteristics, including soil types, moisture, or fertility management history; crop rotations may be sampled as one management unit;

Soil samples from fields, such as those common to strip cropping, which may be combined if the soils, previous cropping history, and soil fertility management are similar; and

Any specialized production unit which may warrant smaller sampling units.

A less frequent soil analysis is required to implement a management system based on new technologies;

The management system does not require any nutrient application; or

The management system requires nutrient application at a frequency less than once every 3 years.

Previous and future crop rotations; and

Residual soil nutrients and nutrients used for previous crops.

Use the criteria in this section to determine which nutrient is the limiting factor in the application of nutrients; and

Recommend subsequent nutrient management strategies consistent with this section.

Except for nutrient management plans developed in accordance with §E(4)(e) of this regulation, the certified consultant shall:

Nutrient management plans implemented before July 1, 2019 shall:

Nutrient management plans implemented between July 1, 2019 and June 30, 2020 shall use the Phosphorus Transition Management Phase I set forth in Regulation .07 of this chapter to determine phosphorus applications.

Unless the transition schedule is adjusted as provided under this paragraph, nutrient management plans implemented between July 1, 2020 and June 30, 2021 shall use the Phosphorus Transition Management Phase II set forth in Regulation .08 of this chapter to determine phosphorus applications. Before January 1, 2020, the Department, in consultation with the Phosphorus Management Tool Transition Advisory Committee, shall conduct an evaluation of the existing markets for animal manures, participation in and additional capacity of the Manure Transport Program, the capacity of existing infrastructure for manure transportation, handling and land application, the availability of public and private sector resources, and the status and capacity of alternative uses to utilize animal manures. The evaluation shall be comprehensive in scope, considering all available, relevant information to address current major animal agriculture sectors in the State with the objective of advancing implementation of the next level of management to the maximum extent practicable. If the results of this evaluation indicate insufficient capacity to support the additional volume of animal manure expected to be created when operations are required to determine phosphorus applications under Transition Management Phase II:

Unless the transition schedule is adjusted as provided under either §E(4)(d) of this regulation or this paragraph, nutrient management plans implemented after July 1, 2021 shall use the Phosphorus Management Tool set forth in Regulation .09 of this chapter to determine phosphorus applications. Before January 1, 2021 or, alternatively, January 1, 2022, if the transition schedule has been adjusted under §E(4)(d) of this regulation, the Department, in consultation with the Phosphorus Management Tool Transition Advisory Committee, shall conduct an evaluation of the existing markets for animal manures, participation in and additional capacity of the Manure Transport Program, the capacity of existing infrastructure for manure transportation, handling and land application, the availability of public and private sector resources, and the status and capacity of alternative uses to utilize animal manures. The evaluation shall be comprehensive in scope, considering all available, relevant information to address current major animal agriculture sectors in the State with the objective of advancing implementation of the next level of management to the maximum extent practicable. If the results of this evaluation indicate insufficient capacity to support the additional volume of animal manure expected to be created when operations are required to determine phosphorus applications under the Phosphorus Management Tool:

Except for nutrient management plans developed in accordance with §E(5)(e) of this regulation, the certified consultant shall:

Nutrient management plans developed for implementation before July 1, 2018 shall:

Nutrient management plans implemented between July 1, 2018 and June 30, 2019 shall use the Phosphorus Transition Management Phase I set forth in Regulation .07 of this chapter to determine phosphorus applications.

Unless the schedule is adjusted as provided under this paragraph, nutrient management plans implemented between July 1, 2019 and June 30, 2021 shall use the Phosphorus Transition Management Phase II set forth in Regulation .08 of this chapter to determine phosphorus applications. Before January 1, 2019, the Department, in consultation with the Phosphorus Management Tool Transition Advisory Committee, shall conduct an evaluation of the existing markets for animal manures, participation in and additional capacity of the Manure Transport Program, the capacity of existing infrastructure for manure
transportation, handling and land application, the availability of public and private sector resources, and the status and capacity of alternative uses to utilize animal manures. The evaluation shall be comprehensive in scope, considering all available, relevant information to address current major animal agriculture sectors in the State with the objective of advancing implementation of the next level of management to the maximum extent practicable. If the results of this evaluation indicate insufficient capacity to support the additional volume of animal manure expected to be created when operations are required to determine phosphorus applications under Transition Management Phase II:

Unless the transition schedule is adjusted as provided under either §E(5)(d) of this regulation or this paragraph, nutrient management plans implemented after July 1, 2021 shall use the Phosphorus Management Tool set forth in Regulation .09 of this chapter to determine phosphorus applications. Before January 1, 2021 or, alternatively, January 1, 2022, if the transition schedule has been adjusted under §E(5)(d) of this regulation, the Department, in consultation with the Phosphorus Management Tool Transition Advisory Committee, shall conduct an evaluation of the existing markets for animal manures, participation in and additional capacity of the Manure Transport Program, the capacity of existing infrastructure for manure transportation, handling and land application, the availability of public and private sector resources, and the status and capacity of alternative uses to utilize animal manures. The evaluation shall be comprehensive in scope, considering all available, relevant information to address current major animal agriculture sectors in the State with the objective of advancing implementation of the next level of management to the maximum extent practicable. If the results of this evaluation indicate insufficient capacity to support the additional volume of animal manure expected to be created when operations are required to determine phosphorus applications under the Phosphorus Management Tool:

Except for nutrient management plans developed in accordance with §E(6)(e) of this regulation, the certified consultant shall:

Nutrient management plans implemented prior to July 1, 2017 shall:

Nutrient management plans implemented between July 1, 2017 and June 30, 2019 shall use the Phosphorus Transition Management Phase 1 set forth in Regulation .07 of this chapter to determine phosphorus applications.

Unless the schedule is adjusted as provided under this paragraph, nutrient management plans implemented between July 1, 2019 and June 30, 2021 shall use the Phosphorus Transition Management Phase II set forth in Regulation .08 of this chapter to determine phosphorus applications. Before January 1, 2019, the Department, in consultation with the Phosphorus Management Tool Transition Advisory Committee, shall conduct an evaluation of the existing markets for animal manures, participation in and additional capacity of the Manure Transport Program, the capacity of existing infrastructure for manure transportation, handling and land application, the availability of public and private sector resources, and the status and capacity of alternative uses to utilize animal manures. The evaluation shall be comprehensive in scope, considering all available, relevant information to address current major animal agriculture sectors in the State with the objective of advancing implementation of the next level of management to the maximum extent practicable. If the results of this evaluation indicate insufficient capacity to support the additional volume of animal manure expected to be created when operations are required to determine phosphorus applications under Transition Management Phase II:

Unless the transition schedule is adjusted, as provided under either §E(6)(d) of this regulation or this paragraph, nutrient management plans implemented after July 1, 2021 shall use the Phosphorus Management Tool set forth in Regulation .09 of this chapter to determine phosphorus applications. Before January 1, 2021 or, alternatively, January 1, 2022, if the transition schedule has been adjusted under §E(6)(d) of this regulation, the Department, in consultation with the Phosphorus Management Tool Transition Advisory Committee, shall conduct an evaluation of the existing markets for animal manures, participation in and additional capacity of the Manure Transport Program, the capacity of existing infrastructure for manure transportation, handling and land application, the availability of public and private sector resources, and the status and capacity of alternative uses to utilize animal manures. The evaluation shall be comprehensive in scope, considering all available, relevant information to address current major animal agriculture sectors in the State with the objective of advancing implementation of the next level of management to the maximum extent practicable. If the results of this evaluation indicate insufficient capacity to support the additional volume of animal manure expected to be created when operations are required to determine phosphorus applications under the Phosphorus Management Tool:

The Maryland Farm Bureau;

The Maryland Grain Producers Association;

The Delmarva Poultry Industry, Inc.;

The Maryland Dairy Industry Association;

The Chesapeake Bay Foundation;

Two non-governmental organizations representing environmental interests;

The biosolids industry;

The manure hauling industry;

The manure application industry;

Two alternative technology vendors or Enterprises; and

Two representatives of county and municipal government from a list submitted by the Maryland Association of Counties and the Maryland Municipal League.

The quantity and location of excess animal manure within the State;

The status and activity of manure transportation activities in geographic areas with excess animal manures;

The viability of markets for animal manures as a crop fertilizer, fuel stock for energy generation and other alternative uses;

The status and capacity of alternative use technologies using animal manures; and

Other information the Department and the Advisory Committee deems appropriate.

A summary of the data collected from farms related to the operational changes created by implementing the Phosphorus Management Tool;

The status of certain programs related to or supporting the transition to the Phosphorus Management Tool;

Resource needs considered critical for the effective transition to the Phosphorus Management Tool; and

Policy recommendations to enhance the implementation of the Phosphorus Management Tool.

Less than 1 gallon (less than 2,492 cubic centimeters container volume),

From 1 to 3 gallons (2,492 to 12,164 cubic centimeters),

Greater than 3 gallons and less than 15 gallons (more than 12,164, but less than 45,376 cubic centimeters), or

15 gallons or greater (45,376 cubic centimeters or more);

Change in area managed of 20 percent or greater, or 5 acres, whichever is less, or

Substantial change in a production plan or method.

Management recommendations shall be made to minimize the risk of nutrients moving to, or reaching, surface waters; and

The consultant or certified farm operator shall recommend that the operator or other person responsible for irrigation and nutrient management attend Department-approved training on best management practices for out-of-ground production to minimize nutrient losses.

Management recommendations shall be made for individual growing areas, as well as for the operation as a whole, to reduce the risk of nutrients moving to, or reaching, surface waters;

The consultant or certified farm operator shall recommend that the operator or other person responsible for irrigation and nutrient management attend Department-approved training on best management practices for out-of-ground production that teaches how to minimize nutrient losses; and

Only controlled release fertilizer shall be recommended for use until management changes reduce the risk of nutrient loss to medium.

The appropriate nutrient application methods;

Nutrient application timing; and

Any plant nutrient needs.

Where the risk of nutrient movement from any growing area is low, monitoring shall include samples for testing a minimum of two different times during each growing season or cycle from each location; and

Where the risk of impacting surface water is medium or high, monitoring recommendations shall be conducted monthly when nutrients are being applied.

Tills, crops, keeps, pastures, or produces an agricultural product, including livestock, poultry, plants, trees, sod, food, feed, or fiber by in-ground, out-of-ground, container, or other culture;

Has a gross annual income of $2,500 or more, or has eight or more animal units; and

Includes all land owned or managed for agricultural production by the taxpayer filing a tax credit claim.

Minimize nutrient loss or runoff; and

Maintain the productivity of soil when growing agricultural products.

Is responsible for the actions of that person; and

Maintains immediate contact with the trained employee via radio or mobile phone (voice) communication.

Containing not more than 5 percent of available phosphate (P₂O₅); and

That has an application rate not to exceed 0.25 pound of available phosphate (P₂O₅)/1000 square feet/ application and 0.5 pound of available phosphate (P₂O₅)/1000 square feet/year.

“Natural organic fertilizer” means a fertilizer product that is derived from either a plant or animal product containing carbon, and one or more elements, other than hydrogen or oxygen that are essential for plant growth.

“Natural organic fertilizer” does not include a fertilizer product that contains:

“Organic fertilizer” means a fertilizer product that is derived from either a plant or animal product containing carbon and one or more elements, other than hydrogen or oxygen, that are essential for plant growth.

“Organic fertilizer includes a fertilizer product that contains:

Is certified to apply fertilizer in accordance with this chapter; and

Applies fertilizer for hire or within the scope of that person’s employment.

Delays it’s availability for plant uptake and use after application; or

Extends its availability to the plant significantly longer than a reference “rapidly available nutrient” such as ammonium nitrate or urea, ammonium phosphate, or potassium chloride.

“Soil conditioner” means any substance or mixture of substances intended for sale, offered for sale, or sold for:

“Soil conditioner” includes but is not limited to materials such as compost, peat, vermiculite, or perlite that are incorporated into the soil.

Apply fertilizer when rain is forecast; and

Apply fertilizer when soils are wet and the potential for fertilizer movement off-site exists.

At any time when the ground is frozen;

Within 15 feet of waters of the State, however, if using a drop spreader, rotary spreader with a deflector or a targeted spray, then the distance may be reduced to 10 feet; or

In an amount that is inconsistent with the annual recommended rate established by the University of Maryland (Maryland Nutrient Management Manual I-E1, COMAR 15.20.07.02).

The land has been disturbed such as by construction or tillage; or

A lawn patch product is used.

The land has been disturbed such as by construction or tillage; or

A lawn patch product is used.

At any time when the ground is frozen;

Before March 1 or after November 15 of any calendar year; or

Within 15 feet of waters of the State, however, if using a drop spreader, rotary spreader with a deflector or a targeted spray, then the distance may be reduced to 10 feet.

The land has been disturbed such as by construction or tillage; or

A lawn patch product is used.

Has any ownership interest or any other legal or equitable interest in an operation;

Has any outside employment relationship with the owner or operator of the operation; or

Has a relationship to the owner or operator of the agricultural operation as spouse, parent, child, sibling, grandchild, grandparent, step-parent, step-child, step-sibling, step-grandchild, or step-grandparent.

Minimize nutrient loss or runoff; and

Maintain the productivity of soil when growing agricultural products.

The SCWQP provided by the applicant for the operation is being fully implemented and addresses all nitrogen, phosphorus, and sediment runoff issues on the operation;

The NMP provided by the applicant for the operation is being implemented in accordance with applicable Department regulations COMAR 15.20.07 and 15.20.08;

The agricultural management and BMPs implemented on the operation which enable that operation to meet the approved local or Chesapeake Bay TMDL baseline requirements as determined by an analysis using the MNTT; and

No deficiencies exist and no corrective measures are needed on the operation.

The operation holds or has applied for a permit from MDE;

MDE will participate in an inspection of the operation, with the verifier if requested by MDE; and

Either:

Operator with the exception of an interfamily transfer;

Owner when it results in a change in the operator;

Average annual number of animal units of 10 percent or greater; or

Operation resulting in the operation being ineligible for the Program.

Allow continuation under the Program if a repair, correction, or installation of additional BMPs to address the nitrogen, phosphorus, or sediment runoff is accomplished within a reasonably expeditious time frame identified by an agreement executed with the Department; or

Suspend certification if the Department finds the condition arose due to mismanagement, lack of maintenance, or the failure of the operator of the operation to provide notice to the Department within 60 days.

Corrective actions issued under Environment Article, Title 4, Subtitle 4, Annotated Code of Maryland, which addresses, for example, water pollution abatement;

Environment Article, Title 5, Annotated Code of Maryland, which addresses, for example, water resource management including flood control and water appropriations;

Environment Article, Title 9, Subtitle 2, Annotated Code of Maryland, which addresses, for example, water supply systems, sewage systems, refuse disposal, and sewage sludge;

Environment Article, Title 9, Subtitle 3, Annotated Code of Maryland, which addresses, for example, discharge permits;

Environment Article, Title 16, Annotated Code of Maryland, which addresses, for example, wetland protection programs;

Natural Resources Article, Title 8, Subtitle 18, Annotated Code of Maryland, which addresses, for example, land use and protections in the Atlantic Coastal and Chesapeake Bays Critical Area;

Growth tier maps adopted by a local jurisdiction under Land Use Article Title 1, Subtitle 5, Annotated Code of Maryland;

Any State or local law or regulation that regulates the development of land;

The federal Clean Water Act;

Regulations governing the management of agricultural sources of nitrogen, phosphorus, or sediment initiated by the Department before the enactment of authorizing legislation for this program, including regulations to revise the phosphorus site index or to implement a phosphorus management tool, regardless of when they are adopted; or

Any applicable laws enacted or regulations adopted prior to certification that are subject to a delayed implementation period.

Review of the NMP and documentation of any outstanding issues;

Review of the SCWQP and documentation that it:

A farm summary showing outcomes of the MNTT assessment and an operation’s status in meeting the Chesapeake Bay or local TMDL; and

Any additional BMPs implemented to meet the nitrogen, phosphorus, or sediment thresholds required by the local or Chesapeake Bay TMDL for the watershed in which the operation exists.

Meets qualifications set forth in Regulation .07 of this chapter;

Does not hold an interest in the certified operation; and

Is not the same individual who conducted the verification of the operation at the time of application.

Contact the operator in advance of the inspection to make an appointment so the operator or his representative can be present and have records available for the review;

Present a photo identification at the time of the inspection as proof of credentials; and

Adhere to all biosecurity and other measures necessary to protect health and safety at the operation.

May dispute information in the report that the operator believes is in error or does not accurately represent the condition or management of the operation; and

May address any concerns about the verification report in writing with the Department and copy the verifier within 30 days of receiving a copy of the report.

A map providing the boundaries of the agricultural operation that shows field numbers and the locations of any BMPs on site;

A review of the NMP and implementation records to assure the plan is in accordance with COMAR 15.20.07 and 15.20.08 and is being fully implemented and documentation of any outstanding issues and necessary corrections; and

Either:

Determine if an operation is in compliance with the Certainty agreement;

Corroborate any conditions identified as a violation of the Certainty agreement;

Corroborate any conditions creating nitrogen, phosphorus, or sediment runoff and determine, in concurrence with MDE, whether they:

Address any failure to comply with any of the conditions described in Regulation .04E of this chapter or in the Certainty agreement as follows:

Acres of agricultural land certified under the program and presented by county and watershed at a scale consistent with that applied by the MNTT;

Presentation of information to protect the identity of the certified agricultural operator in accordance with the requirements of the law; and

Recommendations of the Oversight Committee.

No longer meets the eligibility requirements of the Program;

Violates any of the regulatory requirements of this chapter;

Provides misleading, false, or fraudulent information in applying for a certification;

Provides the Department with any misleading, false, or fraudulent report;

Fails to promptly provide any report or to allow the Department access to inspect any operation certified under the Program or any record required to be kept by this chapter;

Fails to comply with Certainty agreement for the operation; or

Performs any action or fails to act in such a manner that the Department determines provides other good cause to deny, suspend, or revoke the certification.

The willfulness of the violation;

The extent to which the existence of the violation was known to the violator, but uncorrected by the person;

The extent to which the person exercised reasonable care;

Any actual harm to human health or to the environment or the natural resources of the State;

The available technology and economic reasonableness of controlling, reducing, or eliminating the violation; and

The extent to which the current violation is part of a recurrent pattern of the same or similar type of violation committed by the person.

No longer meets the eligibility requirements of the Program;

Violates any of the regulatory requirements of this chapter;

Provides the Department with any misleading, false, or fraudulent report;

Fails to promptly provide any report or any record required to be kept by this chapter;

Fails to adhere to confidentiality requirements required by this chapter;

Fails to meet continuing education requirements for verifiers;

Is determined to be negligent or incompetent; or

Performs any action or fails to act in such a manner that the Department determines provides other good cause to deny, suspend, or revoke the certification.

The willfulness of the violation;

The extent to which the existence of the violation was known to the violator, but uncorrected by the person;

The extent to which the person exercised reasonable care; and

Any actual harm to human health or to the environment or the natural resources of the State.