These regulations establish the requirements for the design, construction, operation, and maintenance of agricultural drainage projects that are financed or managed by public drainage associations. To the maximum extent practicable, these regulations assure protection of natural resources and prevent water pollution by non-point source pollutants associated with agricultural drainage projects. The following terms have the meanings indicated. Terms Defined. “Agricultural drainage project” (project) means the construction, reconstruction, repair, straightening, widening, or deepening of any ditch, drain, canal, or other watercourse, natural or man-made, financed or managed by a public drainage association to lower the water level in the soil of adjacent lands for agricultural purposes. “Association” and “public drainage association” mean an organization established to locate, construct or reconstruct, operate and maintain ditches, drains, and channels to provide agricultural drainage under Article 25, §52, Annotated Code of Maryland. “Best management practice” (BMP) means a conservation or pollution practice that: Reduces soil loss associated with farming practices; or Minimizes movement of sediment, animal wastes, nutrients, or agricultural chemicals into the waters of the State. “Cooperator's agreement” means a landowner's written agreement with a local soil conservation district to have a soil conservation and water quality plan prepared. “Department” means the Maryland Department of Agriculture, the Department of the Environment, or the Department of Natural Resources, or any combination of them. “Maintenance” means the periodic: 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: Alter the approved design of the channel; or Consist of channel reconstruction or realignment; 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. “Off-sided construction or reconstruction” means a method of constructing channels through riparian or other woodland, characterized by the following: 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: Clearing the off-side bank of trees and other vegetation up to 12 feet from top of bank, and Selectively cutting diseased, damaged, and other problematic trees on the off-side that would fall into the channel from beyond the cleared area; After construction, the off-side berm is allowed to reestablish natural vegetation, while all maintenance to the channel is performed from the construction side. “Person” means any individual, receiver, trustee, guardian, personal representative, fiduciary, or representative of any kind any partnership, association, corporation, or other entity. Person includes the federal government, this State, any county, municipal corporation, or other political subdivision of this State or any of their units. “Pollution” means any contamination or other alteration of the physical, chemical, or biological properties of any waters of this State, including a change in temperature, taste, color, turbidity, or odor of the waters, or the discharge or deposit of any organic matter, harmful organism, or liquid, gaseous, solid, radioactive, or other substance into any waters of the State that will render the waters harmful, or detrimental to: 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. “Secretary” means the Secretary of Agriculture unless the context indicates otherwise. “Soil conservation and water quality plan” means a farm plan approved by a local soil conservation district to minimize soil erosion, and to minimize the movement of sediment, animal waste, nutrients, or agricultural chemicals into the waters of the State. “Stable channel” means a channel where: The following degradation does not occur: Significant erosion of the channel banks and bottom, Erosion around culverts, bridges, or water control structures along the channel, and The formation or enlargement of gullies because of the uncontrolled entry of water flow; Significant aggregation to the channel occurs only within the designated limits on: Sediment traps, In-stream wetlands designed for this purpose, and Channel reaches designed for this purpose. “Water control structure” means a structure in an Agricultural drainage project that: Conveys water; Controls the direction or rate of flow of water; or Maintains a desired water surface elevation. “Waters of the State” includes both surface and underground waters within the boundaries of the State subject to its jurisdiction, including that portion of the Atlantic Ocean within the boundaries of the State, the Chesapeake Bay and its tributaries, and all ponds, lakes, rivers, streams, public ditches, tax ditches, and public drainage systems within the State, other than those designed and used to collect, convey, or dispose of sanitary sewage. Required Plans. For any project constructed or reconstructed before the effective date of this chapter, the following apply: All associations which operate and maintain a project shall submit to the Secretary for approval: Within 1 year of the effective date of this chapter, an inspection report for the project detailing the conditions of the association's drainage system, and Within 5 years of the effective date of this chapter, an operation and maintenance plan for the project and an implementation schedule of needed corrective maintenance and repairs to the project; 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. For any project constructed or reconstructed after the effective date of this chapter, the following apply: 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. Land Use Requirements. Before any project's construction or reconstruction plan is approved: All of the association's taxable cropland acreage in a proposed project shall be under a: Current, not more than 10 years old, soil conservation and water quality plan; or Signed cooperator's agreement. If any landowner refuses to comply with §B(1)(a), the Secretary may: Waive the requirement of §B(1)(a) for those uncooperative landowners in a proposed project; and Not waive this requirement for more than 20 percent of the association's taxable cropland acreage. Those BMPs necessary to minimize non-point source water pollution shall be implemented on the cropland acreage within a proposed project. Soil conservation and water quality plans for farms within a proposed project shall be implemented, if possible, according to a timetable established by the soil conservation and water quality plan. Construction or Reconstruction Plan Requirements. Before constructing or reconstructing a project, an association shall comply with the following: Submit four copies of the construction or reconstruction plan to the Secretary for approval. The construction or reconstruction plan shall include: A transmittal letter to the Secretary, including: The name of the association; The name of the watershed and the drainage area involved; and A map indicating north arrow, watershed boundaries, scale, and any other information necessary to locate the project. The project design specifications, including: A general description of the project's soil types; The layout of the drainage channels; The location of existing areas of trees and shrubs along the channel; The design and location of water control structures; The design and location of sediment traps; A hydrological analysis if required under Regulation .05B; and A wetlands inventory map delineating the project. The association shall use the National Wetlands Inventory Maps available from the Department of Natural Resources. If the scale of the National Wetlands Inventory maps is inappropriate, the association may use maps of another scale, so long as the wetlands classification and mapping is consistent with the National Wetlands Inventory. Any lost wetlands required to be replaced under Regulation .05F and any wetlands, 1/4 acre or larger, created by the project shall be delineated on the wetlands inventory map. The construction methods, including: Open channel construction techniques; Measures to limit disturbance to the soil; Spoil spreading techniques and information concerning the volume of spoil materials and the location of spoil disposal sites; and Temporary or permanent soil stabilization techniques for channel banks, berms, and soil disposal sites. Water quality protection measures including plans for: Establishing vegetative strips along the channels; Installing BMPs along the channels; Retaining or reestablishing areas of trees, shrubs, and herbaceous growth along the channel in accordance with Regulation .05E; and Replacing wetlands in accordance with Regulation .05F. 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. The project's design shall comply with Regulation .05, and the construction or reconstruction of the project shall comply with Regulation .06. Operation and Maintenance Plan Requirements. Before constructing or reconstructing a project, or as required in Regulation .03A(1) for operating and maintaining a project, an association shall comply with the following: Submit four copies of the operation and maintenance plan to the Secretary for approval. The operation and maintenance plan shall contain: A transmittal letter to the Secretary, including: The name of the association; The name of the watershed and the drainage acreage involved; and A map indicating north arrow, watershed boundaries, scale, and any other information necessary to locate the property. The project's maintenance program, including a general description of the project's soil types and provisions to: Perform routine, recurring maintenance such as mowing, seeding, and clean out; Prevent project deterioration; Install or replace project components when necessary; and Repair damage from normal deterioration, drought, flooding, or vandalism. Maintenance methods, including: Open channel maintenance techniques; Measures to limit soil disturbance; Spoil spreading techniques; and Temporary or permanent soil stabilization techniques for the channel banks, berms, and spoil disposal areas. Water quality protection measures, including plans for: Establishing and maintaining vegetative strips along a channel; Installing BMPs along a channel; Installing sediment traps; Disposing of spoil; and Retaining or reestablishing areas of trees, shrubs and herbaceous growth along a channel in accordance with Regulation .05E(4). An implementation schedule for the project's maintenance program. The project's maintenance shall comply with Regulation .06, and the project's operation and maintenance program shall comply with Regulation .07. The design of a project shall conform to the following criteria: Channel Design. An outlet shall be designated for each channel to permit the discharge of water by gravity flow or pumping. All channels shall be sloped and aligned to produce stable channels. Water Control Structures. The channel design shall include necessary water control structures for the efficient functioning of the channels. These structures include: Water control devices and weirs; Flood gates; Pumping bays; and Other structures affecting the functioning of the channel. Water control structures shall be designed, where applicable, according to the provisions in Natural Resources Article, §4-501 et seq., Annotated Code of Maryland. Flood Control. A project shall be designed to minimize upstream and downstream flooding. An association shall submit an analysis of a project's hydrological impact when downstream flooding exists or may result from a project and populated areas may be affected. Hydrological analysis shall include hydrological models and hydraulic calculations necessary to determine the changes to a 100-year frequency flood including modifications to: Water surface elevations; Water velocities; and Hydrograph timing. Formulae, models, and analysis methods for the hydrological analysis shall be subject to approval by the Secretary. Erosion Control. A project shall be designed to minimize erosion and sediment deposition. Sediment traps shall be installed in key locations along channel reaches. Water control structures shall be designed for the entry of concentrated flow of water into a channel without significant deposition or degradation. A channel shall be designed to minimize overbank wash of channel spoil by: 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. Vegetated Strips. The following definitions describe the meaning of the terms used in §D: “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. Vegetated strips shall be designed, established, and maintained to stabilize the soil and to minimize the movement of sediment into a channel during operation. Measurements for a vegetated strip shall be made from the top of a channel bank. A minimum 10-foot wide vegetated strip shall be established and maintained along each cleared side of a main channel. A minimum 4-foot wide vegetated strip shall be established and maintained along each cleared side of a lateral channel only if acceptable BMPs submitted to the Secretary for approval are implemented on adjoining cropland. The following apply: Acceptable BMPs may include: Minimum tillage; Seasonal cover crops; Reverse berms; Permanent sediment traps in on-farm channels; and Other methods to achieve a level of water quality protection equivalent to a 10-foot wide vegetated strip. 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. Vegetation shall be established and maintained to stabilize the soil on the sides of both channel banks. Water Temperature Controls. One-sided or off-sided construction or reconstruction of a channel in woodland shall be used if practical. Both-sided construction of a channel in woodland shall be allowed by the Secretary only when it is the only practical construction method. Both-sided reconstruction of a channel in woodland shall be allowed by the Secretary when: 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. Areas of trees, shrubs, and herbaceous growth that shade a channel shall be retained, replanted, or allowed to reestablish naturally, unless it can be demonstrated to the Secretary that the: 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. Wetlands Replacement. An association shall replace drained or filled, non-tidal wetlands as required by this section. The following are included: Land areas that are required to be replaced by an association under this section are those areas that: 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: Increasing erosion and siltation, or Reducing the area's ability to filter water pollutants. Land areas required to be replaced under this section shall be replaced as follows: One acre of land with equal soil-water conditions shall be created to replace each acre of drained or filled land when the: Water table is near the soil surface for extended periods during the frost-free growing season of most years; or Soil is water-saturated, or surface water is present for extended periods during the frost-free growing season of most years. 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 Secretary shall consult with the Secretaries of the Departments of Natural Resources and the Environment to determine if an association's construction or reconstruction plan adequately meets the requirement of this section. In-stream Excavation. Except with the written permission of the Secretary of the Department of Natural Resources, in-stream excavation or clearing is prohibited between the following dates: October 1 through April 30 in natural trout waters; March 1 through May 31 in recreational trout waters; and March 15 through June 15 in anadromous fish spawning waters. Clearing and Snagging. Clearing and snagging of a channel may not endanger channel stability. The areas to be cleared and snagged shall be limited to: 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. Revegetation. On each project, a species of erosion controlling vegetation adapted to the area and a proven method of vegetation establishment shall be used for revegetation. Provisions shall be taken on a project to reduce soil erosion until effective revegetation can be accomplished. During the growing season, at a minimum: 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. The progress of revegetation shall be monitored by the association and corrective action taken when necessary. The operation and maintenance program for a project shall conform to the following: General Maintenance. General maintenance to a channel, maintenance areas, and right-of-ways includes the: Removal of obstructions, debris, and sediment; Control of woody growth; Cleaning out of permanent sediment traps; Installation of necessary sediment traps; Installation of necessary water control structures where uncontrolled concentrated flow of water enters a channel; Stabilization of eroding areas; Routine repair of damaged structures and channel banks; and Observation of all other sound operation and maintenance practices. Sediment Traps and Channel Clean Out. Sediment traps shall be installed where necessary for the efficient operation of a channel. The design and installation of a sediment trap shall include providing a stable channel bank slope. The clean out of a channel or sediment trap includes: Removal of silt bars and sediment; Restoration of a stable channel bank slope; and Maintaining the approved channel or sediment trap design. Channel spoil shall be placed in locations where the spoil does not: 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. Disturbed areas shall be stabilized and seeded in accordance with Regulation .06C. Vegetated Strips. Vegetated strips shall be established and maintained on all channels in accordance with Regulation .05D. Water Temperature Control. Areas of trees, shrubs, and herbaceous growth shall be retained or reestablished in accordance with Regulation .05E(4). In this regulation, “plan” means a construction or reconstruction plan, or operation and maintenance plan, or both, as appropriate. Plan Submission. Within 14 days of receiving a project plan, the Secretary of Agriculture shall forward a copy to the Secretaries of Natural Resources and the Environment. The Departments of Natural Resources and the Environment shall have 60 calendar days from receipt to review a plan and respond in writing to the Secretary. The Secretary shall review the comments from the Departments of the Environment and Natural Resources. If there is any significant disagreement among the three Departments concerning the plan, the Secretary shall schedule a meeting between the Departments to resolve any disagreement. Plan Approval. The Secretary shall make the final determination whether to approve a plan. The Secretary shall respond to the association within 30 days from receipt of comments from the Departments of Natural Resources and the Environment and either: Approve the plan; Approve the plan with modification; Approve the plan conditioned upon the formation of the association; 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; Disapprove the plan; or Extend the Secretary's review period. Channel Inspection by the Association. The association managers or designee shall inspect the project within 2 weeks following any storm which results in water flow exceeding channel capacity. An association shall send a written inspection report to the Secretary not later than 90 days following the storm event. The report shall: 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. The association managers or designee shall inspect the project at least once every 2 years. The following apply: An association shall send a written inspection report to the Secretary by March 1st of the appropriate year. The report shall: Outline the last inspection of the project performed not more than 6 months before submission; Detail the condition of the channel, vegetation, and structures; Describe needed maintenance and the projected time when the work shall be completed; and Describe the work completed in the previous 2 years. An association need not file the biennial written inspection report required in §A(3) if: Storm damage occurred during the 6 months before March 1st of the appropriate year; and An inspection report required in §A(1) was submitted. An association shall keep records on work performed on a project. These records shall: Include the items of work, cost, and the date the work was completed; and Be made available upon request to the Secretary. State Inspection. The Secretary shall coordinate on-site inspections of a project by the Departments of Agriculture, the Environment, and Natural Resources. An association shall grant each Department the right of entry to inspect a project to ensure that it complies with an approved construction or reconstruction plan or an approved operation and maintenance plan for the project. Enforcement. The Secretaries of Agriculture, the Environment, or Natural Resources may pursue any sanction or remedy provided in Agriculture Article, §8-603, Annotated Code of Maryland. Before pursuing any sanction or remedy, however, the Secretaries of the Environment and Natural Resources shall: Consult with the Secretary of Agriculture; and Provide the Secretary of Agriculture a reasonable period of time to solve any problem. The Secretary of a Department may issue a written order for corrective measures to any person who violates this chapter, or who fails to follow any requirement of an approved project plan. A person ordered to comply with this chapter may request a hearing. The following apply: 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. Whether an order for corrective measures has been issued or contested, the Secretary of a Department may, at any time, refer an alleged violation of this chapter or of any approved plan requirement directly to the Attorney General for appropriate legal action. In addition to any other sanction under Agriculture Article, §8-603, Annotated Code of Maryland, any person who constructs, reconstructs, operates, or maintains an agricultural drainage project without approved plans or in violation of approved plan requirements, shall be liable to the State in a civil action for damages in an amount equal to double the costs of that portion of constructing, reconstructing, operating, or maintaining the project that was not done in accordance with the requirements of this chapter. A civil action under Agriculture Article, §8-603, Annotated Code of Maryland, shall be prosecuted by the Attorney General on behalf of the appropriate Department. Damages recovered shall be deposited in a special fund to be used solely for: 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. The Secretary of any Department may seek an injunction against any person who does not have or fails to follow an approved plan. Agriculture Article, §§2-103 and 8-603, Annotated Code of Maryland Effective date: August 1, 1986 (13:14 Md. R. 1635) Regulation .02B amended effective August 2, 2004 (31:15 Md. R. 1186) Regulation .05F amended effective August 2, 2004 (31:15 Md. R. 1186) Regulation .08B, C amended effective August 2, 2004 (31:15 Md. R. 1186) Regulation .09B, C amended effective August 2, 2004 (31:15 Md. R. 1186) Effective date: Regulations .01—.09 adopted as an emergency provision effective July 15, 1988 (15:16 Md. R. 1911); adopted permanently effective November 14, 1988 (15:23 Md. R. 2660) Chapter repealed effective August 2, 2004 (31:15 Md. R. 1186) This chapter describes how farm owners or operators may petition the Department of Agriculture for written permission to defer mitigation for nontidal wetlands for agricultural activities under the Nontidal Wetlands Protection Act, Natural Resources Article, Title 8, Subtitle 12, Annotated Code of Maryland. Subject to the requirements of this chapter, a farm owner or operator may petition the Department for written permission to defer an applicable nontidal wetland mitigation component of a soil conservation and water quality plan on the grounds that mitigation will create an economic hardship that would jeopardize the continued operation of the farm. A farm owner or operator who petitions the Department as provided under Regulation .02 of this chapter shall use a departmental form that contains: The name and address of the farm owner or operator; The farm's location; The farm's total acreage; A description of the farm's operation; The number of nontidal wetland acres requiring mitigation; A copy of proposed mitigation alternatives; The estimated cost or costs of the mitigation proposal or proposals, verified by the local soil conservation district; A statement showing how mitigation will jeopardize the continued operation of the farm; A financial statement: Showing the owner or operator's complete assets and liabilities for the most current 2 consecutive years, and Signed by the owner or operator under the penalty of perjury that the information contained in the financial statement is true and correct; and Any additional information supporting the claim of economic hardship, including, for example, information from mortgagees, other lien holds, creditors, attorneys, the Internal Revenue Service, or any other third party interest who is qualified to address the economic condition of the owner or operator. The Department shall decide whether an applicant is entitled to a deferral of mitigation of nontidal wetlands by doing the following: Evaluating the applicant's petition and determine the applicant's net worth; Comparing the applicant's net worth with the cost of any proposed mitigation alternatives on the farm; and Determining whether a deferral is justified on the grounds that any required mitigation of nontidal wetlands will create an economic hardship which would jeopardize the viable continued operation of the farm. If the Department makes a written determination that mitigation will create an economic hardship that would jeopardize the continued operation of a farm, mitigation may be deferred until one or more of the following occur: The economic hardship no longer exists; The current owner or operator transfers the farm to a new owner or operator, but if this occurs, the current owner or operator shall remain responsible for any mitigation; or Agricultural activities no longer take place on the impacted nontidal wetland. If the Department grants a deferral, the owner or operator shall agree to provide the Department immediately with the following information if it would change or affect the economic hardship determination: Change in the owner or operator's financial status; Change in ownership or operation of the affected farm; Change of land use on the affected farm; and Change of agricultural or nonagricultural activities on the affected farm. By May 30 of each year, the owner or operator shall submit to the Department, on a departmental form, the most current status on the owner or operator's economic hardship. The owner or operator shall use the last filed tax statement, annual or quarterly, to assist in completing the status report requirement. At the time the Department determines the end of the economic hardship as provided in this chapter, an owner or operator shall implement the mitigation component of the Soil Conservation and Water Quality Plan within 3 years of the loss of the nontidal wetlands, or within 1 year of the end of the economic hardship, whichever is greater. Within 90 days of the end of the Department's determination of economic hardship, an owner or operator shall file the required surety bond with the Department of Natural Resources under COMAR 08.05.04.13. The Department shall submit an annual mitigation report to the Department of Natural Resources at the end of each fiscal year. The report in §A of this regulation shall provide the following information on the status of the Department's approval of economic hardship mitigation deferrals for each farm: Whether the economic hardship still exists; Whether the owner or operator granted the deferral is the current owner or operator; and The acreage of nontidal wetland losses for which mitigation has been deferred because of the economic hardship. The Department shall notify the Department of Natural Resources within 30 days of the Department's determination of the end of the economic hardship. The Department shall deny public access to records if access is denied under the Maryland Public Information Act, State Government Article, Title 10, Subtitle 6, Annotated Code of Maryland. After an opportunity for a hearing, the Department may refuse to issue or revoke its approval granted to any person under this chapter for: Any false or incomplete statements made by any person to the Department for the Department's approval; or A violation of any of the provisions of this chapter. Natural Resources Article, §8-1205, Annotated Code of Maryland Effective date: September 30, 1991 (18:19 Md. R. 2102) These regulations describe the Department's certification and licensing program for individuals or businesses that prepare and offer farm nutrient management plans. When a nutrient management plan is prepared for a farm it indicates how essential primary nutrients, that is, nitrogen, phosphorus, and potassium, are to be annually managed on farm fields for crop production and for the protection of water quality. Plans contain recommendations to farmers based on expected crop yield, existing nutrient levels in the soil, organic residuals, optimum timing and placement of nutrients, environmental protection, and normal farming practices such as liming, tillage, and crop rotation. The Department shall certify qualified individuals to prepare these plans. In this chapter, the following terms have the meaning indicated. Terms Defined. “Certified farm operator” means an individual certified by the Department under this subtitle to prepare a nutrient management plan solely for agricultural land that the individual: Owns; Operates, or Has a legal interest in. “Certified nutrient management consultant” or “consultant” means an individual certified by the Department under this subtitle to prepare a nutrient management plan. “Crop nutrient needs” means the primary nutrient requirements of a crop determined as pounds of N, P2O5, and K2O required for production of a crop yield unit such as a bushel of corn or a ton of alfalfa. “Department” means the Maryland Department of Agriculture or its designee. “Fertilizer” means any substance containing a recognized plant nutrient used for its plant nutrient content and designed for use in promoting plant growth. “Field identification number” means a number used by a farmer/operator to distinguish or pinpoint the location of a field or management unit on a farm. “Nutrient content” means the percentage of any primary nutrients as N, P2O5, or K2O in any type or source of plant nutrients. “Nutrient management plan” or “plan” means a plan prepared by a certified nutrient management consultant or certified farm operator to manage the amount, placement, timing, and application of animal waste, fertilizer, sewage sludge, or other plant nutrients in order to prevent pollution and to maintain the productivity of soil when growing agricultural products. “Person” means the State, any county, municipal corporation, or other political subdivision of the State, or any of their units, or an individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind, or any partnership, firm, association, public or private corporation, or any other entity, unless otherwise provided. “Watershed code” means the code used by the State to identify a hydrologic unit area. Unless certified by the Department, an individual may not act as a certified nutrient management consultant or a certified farm operator as provided by this chapter. Unless licensed by the Department, a person may not engage in the business of providing a certified nutrient management plan as provided by this chapter. To apply for the examination to be certified as a nutrient management consultant, an applicant shall file the following with the Department at least 15 days before any announced examination: An application on the form the Department requires; Proof of meeting one of the following: 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 Except for a government agency, the applicable certification fee by check or money order. To apply for the farm operator certification, a person shall: File the required application forms with the Department; and Pay the applicable fees by check or money order. Unless timely filed and complete, an application may be denied. Nutrient Management Consultants. The Department shall offer a certification examination for nutrient management consultants at least once a year. The Department shall give 30 days public notice of the time and place for each examination. The Department may provide required training or a list of study materials before any examination is given. The Department shall allow a candidate who fails a certification examination to take another examination if the candidate: Makes application to the Department 15 days before the next examination date; and Pays a certification fee. Farm Operators. The Department shall offer required certification training and examinations targeted to specific farm operation types for farm operators at least once per year. The Department shall allow a candidate who fails a certification examination to retake the examination if the candidate files an application with the Department at least 15 days before the date of the next examination. The Department shall certify any individual as a nutrient management consultant or certified farm operator who: Meets the requirements of this chapter; Meets the Department's educational and experience requirements; Meets the Department's training requirements; and Passes a Department-approved examination. The Department may issue a supplemental certification to an individual who prepares a nutrient management plan for an agricultural operation producing a specialty plant, crop, animal, or product, and who meets: All the requirements of §A of this regulation; and Additional educational and experience requirements relating to the production specialty, as approved by the Department. An individual who is certified by the Department shall be licensed or employed by a person licensed under this chapter if engaged in the business of providing nutrient management plans. Individuals who are certified may develop a nutrient management plan for the purposes of complying with Regulation .09 of this chapter for land they own or operate without obtaining a license. A certificate is issued for 1 year and may be renewed for a 3-year term by: Submitting a renewal application on the form the Department requires; Except for a government agency or a farmer or operator doing a plan for land they manage, paying a renewal fee to the Department; Providing proof of satisfactory completion of continuing education, workshops, or other training programs approved by the Department that includes: 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; Complying with all requirements on the preparation of a nutrient management plan; and Complying with all other requirements of this chapter. An individual who fails to renew the certification may be required to take another certification examination as provided by this chapter. An applicant for a license to engage in the business of providing a nutrient management plan as provided by this chapter shall do the following: Submit to the Department an application on the form the Department requires; Pay, except for a government agency, the applicable fee; Have at least one individual who is a certified nutrient management consultant as provided by this chapter working under the license; and Agree to comply with the requirements of this chapter. A license is issued for 1 year and expires unless the applicant renews the license for a 3-year term and qualifies by: Submitting a renewal application on a form the Department requires; Except for a government agency, paying a renewal fee to the Department; Having a minimum of one individual who is a certified nutrient management consultant as provided by this chapter working under the license; and Complying with the requirements of this chapter. License Holder Record-Keeping and Reporting Requirements. A person who holds a license under this chapter shall keep records, and file with the Department by September 30 of each year an annual activity report covering the previous year (July 1 through June 30) that contains the following information: Name and number of the license holder; Name of the certified nutrient management consultant or consultants employed between the previous July 1 and June 30; Number of nutrient management plans completed; and Acreage covered by the plan and by county and State watershed codes for this acreage. Information Concerning the Phosphorus Management Tool. As provided in §B(2) and (3) of this regulation, a license holder or a certified consultant who is not operating under a license shall file a report with the Department that includes information relating to nutrient management plans developed for operations which have soils with a phosphorus fertility index value of 150 or above. The report shall include information that the Department determines necessary to evaluate the implementation of the Phosphorus Management Tool, as provided in the Maryland Nutrient Management Manual, Section II-C2. The report shall be filed annually on a form developed by the Department not later than September 30th. The Department shall maintain the information provided in the report in a manner that protects the identity of the person for whom the plan was prepared and that person’s personal information. Information related to soil test phosphorus As provided in §C(2)—(4) of this regulation, a license holder or a certified consultant who is not operating under a license shall file a report with the Department that includes field or management-unit information relating to phosphorus levels in the soil determined by a soil analysis conducted in accordance with COMAR 15.20.08.05D related to nutrient management plans developed in accordance with COMAR 15.20.07 and 15.20.08. The report shall include: 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. The report shall be filed on a form developed by the Department not later than September 30, 2015 and every sixth year thereafter. The report may not include any information identifying the person or specific operation about whom the report is prepared. List of Reported Operations. Concurrent with the report required under §C of this regulation, a license holder or a certified consultant who is not operating under a license shall file a separate report with the Department that includes the names of the persons, farm names, as applicable, and addresses of those operations for which soil phosphorus data has been provided to the Department. Nutrient Management License Holder Record-Keeping Requirements. A license holder shall keep: A copy of any nutrient management plan prepared under this chapter; Records with the following information if the information is not already contained in a plan: 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, Required records for at least 5 years and make them available to the Department upon request. After the opportunity for a hearing, the Department may deny, suspend, or revoke the certification or license of any person who violates any of the regulatory requirements of this chapter, including: Providing misleading, false, or fraudulent information in applying for a certificate or license; Providing the Department with any misleading, false, or fraudulent report; Offering or preparing a certified nutrient management plan as provided by this chapter without a certificate and license; Offering or preparing a nutrient management plan that does not comply with the requirements of COMAR 15.20.08; Failing to have a minimum of one certified nutrient management consultant working under a license; Failing to promptly provide any report or to allow the Department access to inspect any record required to be kept by this chapter; Failing to meet continuing education requirements. In addition to any other penalty authorized under this chapter, a person who holds a license or certificate issued under this chapter that fails to meet any of the reporting requirements and deadlines set forth in Regulation .11 of this chapter is subject to an administrative penalty not exceeding $250. Upon application for a certificate, any person whose certificate is denied, suspended, or revoked may be required to retake the certification examination. Agriculture Article, §§8-801—8-806, Annotated Code of Maryland Effective date: Regulations .01—.15 adopted as an emergency provision effective October 13, 1992 (19:22 Md. R. 1981); emergency status extended at 20:3 Md. R. 255; adopted permanently effective March 15, 1993 (20:5 Md. R. 515) Regulation .05A amended effective January 27, 1997 (24:2 Md. R. 116) Chapter revised effective May 29, 2000 (27:10 Md. R. 967) Regulation .02B amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684) Regulation .03A amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684) Regulation .04 amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684) Regulation .05A,B amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684) Regulation .06 amended effective April 16, 2001 (28:7 Md. R. 692) Regulation .06A amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 694) Regulation .08A amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684) Regulation .10A amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684) Regulation .11 amended effective June 8, 2015 (42:11 Md. R. 726) Regulation .12D amended effective April 16, 2001 (28:7 Md. R. 692) Regulation .13 recodified to be Regulation .14 and new Regulation .13 adopted effective October 5, 2020 (47:20 Md. R. 876) This chapter describes the Department's voluntary Manure Transportation Project required by the Maryland Water Quality Improvement Act of 1998. The Project is intended to facilitate the transport of poultry manure and livestock manure from farms in all areas of the State that are subject to phosphorus overenrichment. This Project is intended to encourage voluntary participation to remove or redirect at least 20 percent of the poultry manure produced in Dorchester, Somerset, Wicomico, and Worcester counties. In this chapter, the following terms have the meanings indicated. Terms Defined. “Alternative use” means using poultry manure or other animal manure in environmentally acceptable ways, as determined by the Department, other than by direct land application in an unprocessed form. “Alternative use operation” means a person or entity that uses or processes poultry or livestock manure in environmentally acceptable ways, as determined by the Department, other than by direct land application in an unprocessed form. “Commercial poultry producer” means an entity that contracts with a farmer to raise poultry for the producer on property owned or leased by the farmer. “Cost-share” means a grant from the Department for the purpose of handling and transporting manure from a farm in any area of the State that the Department determines is subject to phosphorus overenrichment. “Department” means the Maryland Department of Agriculture. “Eligible cost” means a cost that the Department determines is necessary for the transport and handling of manure. “Eligible receiving operation” means a person who land-applies manure 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. “Eligible sending operation” means a person who: Either is: A poultry grower under contract with a commercial poultry producer participating in the Project; or A person who raises or manages livestock; and Has land identified as being phosphorus overenriched or cannot use for crop production all of the generated manure because the person has: No cropland; or An insufficient amount of cropland near the production site to apply the manure according to a nutrient management plan. “Fast Track Process” means an expedited process by which an eligible person applies for cost-share to transport manure under certain conditions including, but not limited to, the following: 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. “Fertility index value” or “FIV” means an index used to describe the relative availability of a nutrient to a plant or crop. “Livestock manure” means manure generated from farm animals other than broiler chickens raised under contract for a commercial poultry producer. “Manure” means the fecal and urinary excretion of poultry and livestock, including poultry litter and materials used as bedding. “Manure broker” or “broker” means a person approved by the Department who moves, arranges, or otherwise acts as the intermediary in the movement of manure from an eligible sending operation to: 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. “Nutrient management plan” means a plan prepared by a certified nutrient management consultant or certified farm operator to manage the amount, placement, timing, and application of animal manure, fertilizer, biosolids, or other plant nutrients in order to: Minimize nutrient loss or runoff; and Maintain the productivity of soil when growing agricultural products. “Phosphorus overenriched soil” means soil with a phosphorus FIV value of 150 or greater (or an equivalent test result value for phosphorus) and poses a water quality risk as determined by the Department. "Poultry grower” means a person who: Is under contract with a commercial poultry producer; and Generates manure from poultry. “Poultry manure” means manure generated by a poultry grower under contract with a commercial poultry producer. “Primary nutrients” means a plant food that is essential for normal plant growth and includes nitrogen (N), available phosphate (P2O5), or soluble potash (K2). “Producer” means a person who generates manure from animal production. “Production site” means the portion of the poultry grower’s or livestock producer’s land encompassing the operation’s manure generation and storage facilities. “Project” means the Manure Transportation Project Program. “Stackable manure” or “stacked manure” means manure having less than an average of 60 percent moisture and having physical properties to be unloaded and arranged into a stable pile. “Standard Process” means a process by which an eligible person applies for cost-share to transport manure under certain conditions including, but not limited to, the following: 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. Eligible Persons. The following persons, using the applicable Departmental forms, may apply to receive cost-share funds under the Department’s Poultry and Livestock Cost-Share Programs: An eligible receiving operation; A broker who meets the requirements of Regulation .13 of this chapter; and An alternative use operation that meets the requirements of Regulation .09 of this chapter. Poultry Cost-Share Program. To participate in the Department’s Poultry Cost-Share Program, an eligible person may utilize: The Department’s Standard Process, as described in Regulation .07, for the transport of poultry manure to an eligible receiving operation; The Department’s Fast Track Process, as described in Regulation .08, for the transport of poultry manure to an eligible receiving operation; The Department’s Alternative Use Process, as described in Regulation .09, for the transport of poultry manure to approved alternative uses; or The Department’s Poultry Manure Rail Export Process, as described in Regulation .10, for the transport of poultry manure to farms outside the Chesapeake Bay watershed. Livestock Cost-Share Program. To participate in the Department’s Livestock Cost-Share Program, an eligible person may utilize: The Department’s Standard process, as described in Regulation .07, for the transport of livestock manure to an eligible receiving operation; The Department’s Fast Track process, as described in Regulation .08, for the transport of livestock manure to an eligible receiving operation; or The Department’s Alternative Use process, as described in Regulation .09, for the transport of livestock manure to approved alternative uses. Biosecurity Requirements. A person transporting manure under the Project shall comply with all applicable Departmental biosecurity and animal health requirements, including the following: For poultry and livestock manure: 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 For poultry manure only, in addition to the requirements referenced in §A(1) of this regulation, a person transporting poultry manure: 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. Delivery Site Requirements. The person receiving the manure, including an eligible receiving operation, a broker, or a person using manure for an alternative use, shall provide a delivery site for the off-loading of the manure that: Is safe; and Does not pose any undue environmental risk to water quality as determined by the Department. Manure Handling Upon Receipt. The operator of the eligible receiving operation shall: Apply liquid manure upon receipt; Apply stackable manure within 7 days of its receipt; or Stockpile or store manure in a manner that protects it from rainfall, runoff, and leaching. Storage Requirements. An alternative use operation or a broker may store transported manure in a manner approved by the Department if: Storage or containment does not result in spillage, leakage, or runoff of manure; All applicable permits or approvals to operate a facility to store or stockpile manure are secured; and A bond or security has been obtained, as provided under Regulation .14 of this chapter. A person is not eligible to receive funds for transporting manure under the Project unless: For poultry manure, the production or storage site is at least 7 miles from the location where the manure may be used in a manner consistent with this chapter; and For livestock manure, the production or storage site is at least 1 mile from the location where the manure may be used in a manner consistent with this chapter. A producer may receive funds for transporting manure generated in the producer’s own operation if the producer is transporting manure to a location that meets the minimum distance set forth in this regulation. A person may not transport poultry or livestock manure under the Project unless it has been tested within 2 years of the transport date. If the manure has not been tested within this 2-year period, the person may seek financial assistance from the Department to have it tested in accordance with Departmental procedures. If the person is a broker, the person shall provide the testing information to the person receiving the manure. Applications to Transport Manure. To receive cost-share funds for transporting manure under the Standard Process, the applicant shall submit a signed, complete, accurate, and legible Departmental application, as follows: 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 shall provide the following information on the application: 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: 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; 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: For soil testing less than 101 for phosphorus on the fertility index value, a person shall use manure according to a nutrient management plan using nitrogen or phosphorus as a limiting factor; and For soil testing 101 to 149 for phosphorus on the fertility index value, a person shall use manure according to a nutrient management plan using phosphorus as a limiting factor; and Certain information from the current certified nutrient management plan for the eligible receiving operation, including organic recommendations, soil tests, and manure analysis. Prior Approval of Application Required. A person may not transport manure under the Standard Process until the person’s application has been approved by the Department. Determining Eligible Costs. The applicant shall submit transport records to the Department, as specified in the claim for payment forms, for the Department to determine eligible costs. Application to Transport Manure. To receive cost-share funds for transporting manure under the Fast Track Process, the applicant, whether a broker or an eligible receiving operation, shall submit a signed, complete, accurate, and legible Departmental application directly to the Department that includes: 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: 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; For livestock manure, the name and address of the eligible sending operation; The date of the eligible receiving operation’s most recent nutrient management plan; The name and certification number of the consultant who prepared the plan for the eligible receiving operation; A signed statement by the applicant to comply with the applicable Fast Track Process rules; A signed statement by the eligible receiving operation, if different than the applicant, to comply with the applicable Fast Track Process rules; Information pertaining to the fields on which the manure will be applied, including the field’s property account identification number, its acreage, the crop to be raised, and the soil phosphorus data from the operation’s most recent nutrient management plan; and Copies of soil tests and field maps. Prior Approval of Application Not Required. A person may transport manure under the Fast Track Process before the person’s application has been approved by the Department. The Department, however, may deny the person’s claim for payment if the requirements of this chapter are not met. Eligible Soils. A person may transport manure under the Fast Track Process only to an eligible receiving operation with fields that test less than 101 for phosphorus on the fertility index value (or an equivalent value). Eligible Crops and Manure Application Rates. The operator of the eligible receiving operation may apply manure transported under the Fast Track Process only to specified crops and at rates as determined by the Department after consultation with the University of Maryland Extension. Determining Eligible Costs. The applicant shall submit transport records to the Department, as specified in the claim for payment forms, for the Department to determine eligible costs. Application to Transport Manure. To receive cost-share funds for transporting manure under the Alternative Use Process, the applicant, whether a broker or an alternatives use operation, shall submit directly to the Department a signed, complete, accurate, and legible Departmental application that includes: The applicant’s name, address, telephone number, and email address; For poultry manure: 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; For livestock manure, the name of the eligible sending operation and the owner or operator’s name and address; and The name and address of the approved alternative use operation. Participation Requirements for Alternative Use Operations. To participate as an alternative use operation under the Project, the operation shall: Submit the following information to the Department: 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 Agree to: 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: The name and location of the producer, including the property account identification number used by the Maryland Department of Assessments and Taxation to indicate the location of the producer; The amount of manure obtained from that producer; The amount of manure stored daily and amount of each type of product or byproduct processed or produced daily; The amount of commodities or additives blended or processed; The name of the receiver or receivers of the product or byproduct produced, including address, telephone number, and location; and The amount of product or byproduct shipped to each receiver. Cost-share rates are established in Regulation .11 of this chapter, and the payment to an alternative use participant shall be based on: Transporting manure either: From an eligible sending operation to an alternative use facility; or From the alternative use facility to the receiver of the processed product; and The lesser of the manure tonnage from the sending operation to the alternative use facility, or the tonnage from the alternative use facility to the receiver of the processed product. Application to Transport Manure. To receive cost-share funds for transporting manure under the Poultry Manure Rail Export Process, a person shall submit to the Department a signed, complete, accurate, and legible Departmental application that includes: The applicant’s name, address, telephone number, and email address; The name and address of the eligible sending operation; The name of the commercial poultry producer that contracts with the eligible sending operation to grow poultry; A signed statement by the applicant to comply with the applicable Poultry Manure Rail Export Process rules; The location and distance between the railway depots at which the manure will be: 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; A statement that all applicable permits or approvals necessary for shipping the manure by rail have been obtained; Following shipment by rail outside the Chesapeake Bay watershed, the location or facility at which the manure will be stored before being transported to farms for land application; and Documentation that a performance bond or other security, as provided under Regulation .14 of this chapter, has been obtained. A person transporting manure under the Poultry Manure Rail Export Process shall: Obtain manure only from an eligible sending operation; Handle and transport manure safely to prevent spillage and combustion, and in accordance with all biosecurity and environmental safeguards provided under Regulation .04 of this chapter; Allow a Department representative, during normal business hours, to inspect and to have access to the place of business where records are kept, to determine compliance; Obtain a performance bond or other security, as provided under Regulation .14 of this chapter; and Maintain inventory records for at least 3 years from date of payment, showing: 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. Cost-share rates are established in Regulation .11 of this chapter, and the payment to a poultry manure export participant shall be based on transporting poultry manure from the railway depot in Maryland to the depot outside the Chesapeake watershed. Expenses eligible for State cost-share for an applicant shall be established by the Department based on the following: Either mileage or distance, or both, of manure transported; Amount of manure transported; Mode of transportation; Cost of analyzing manure before transporting; Cost of loading manure on transportation equipment; Cost of hauling manure from a producing or storage area to a receiving area; and Amount of matching cost-share funds to transport poultry manure provided by a commercial poultry producer for eligible costs, and the State’s share as determined by the Department, which will consider factors including but not limited to the following when establishing the match: 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. The Department may provide additional cost-share funds for the transport of poultry manure from Dorchester, Somerset, Wicomico, or Worcester counties to eligible fields for land application or for alternative uses. The maximum amount of eligible cost-share for transportation of poultry manure under this chapter is the total of eligible expenses. The maximum amount of cost-share under this chapter for the transport of animal manure other than poultry manure is up to 87.5 percent of eligible expenses. The Department may not provide cost-share for any repeated transportation of the same manure, unless a participant can successfully demonstrate to the Department that the transportation is: To or from a staging area or centralized collection facility; and Cost-effective. If a manure broker stockpiles or stores manure, the broker may apply for cost-share funds for transporting the manure. However, the manure broker is eligible only to receive payment for the mileage which represents the most direct transport route from the eligible sending operation to the eligible receiving operation or alternative use facility. The Department shall enter into a written agreement with each commercial poultry producer participating in the Project. The written agreement shall set forth, at a minimum, the following: The responsibilities of the participating commercial poultry producer; The responsibilities of the Department; The amount of financial support for payment of eligible costs that the participating commercial poultry producer shall provide to the Project on an annual basis; The manner by which the Department shall calculate and collect eligible costs from the participating commercial poultry producer; and An express commitment by the participating commercial poultry producer that it may not: 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 Department shall maintain the written agreements and all supporting documentation in a centralized location, open to public inspection during regular business hours. Poultry Manure. To receive cost-share for transporting poultry manure, a manure broker participating in the Project shall: Obtain manure only from an eligible sending operation; Unless storing the manure as provided in §A(3) of this regulation, directly transport the manure only to an eligible receiving operation, an alternative use facility, or a person outside the Chesapeake Bay watershed under the Poultry Manure Rail Export Process; If unable to transport the manure as provided in §A(2) of this regulation, stockpile or store the manure as provided in Regulation .04 of this chapter in a manner that protects the manure from rainfall, runoff, or leaching; Maintain for a minimum of 3 years from date of transport inventory records which show: 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; Allow the Department to review inventory records during normal business hours; Obtain all applicable permits or approvals to operate a facility to store or stockpile; and Obtain a performance bond or other security, as provided under Regulation .14 of this chapter. Livestock Manure. To receive cost-share for transporting livestock manure, a manure broker participating in the Project shall: Obtain manure only from an eligible sending operation; Directly transport the manure only to an eligible receiving operation or alternative use facility unless the manure, if stackable, can be stockpiled or stored as provided in Regulation .04 or, if liquid, can be safely contained in a manner that does not pose an environmental threat to water quality; Maintain for a minimum of 3 years from date of transport inventory records which show: 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; Allow the Department to review inventory records during normal business hours; and Obtain a performance bond or other security, as provided under Regulation .14 of this chapter. The broker or alternative use operation shall file with the Department a bond, or other security, on a form satisfactory to the Department. The bond shall be payable to the Department, and the obligation of the bond shall be conditioned upon fulfilling the cost-share agreement and manure stockpiling and storage requirements provided in this chapter. The Department may waive the bonding and security requirements for a participant if the participant: Stockpiles or stores 500 tons of manure or less; and Has contingency plans to relocate the manure, which are provided and acceptable to the Department. An acceptable security or bond is limited to: A bond in a form satisfactory to the Department and underwritten by a surety company authorized to do business in this State; A bank certified check, bank cashier's check, or bank treasurer's check equal to the required bond amount; Pledges of securities backed by the full faith and credit of the United States Government, or bonds issued by the State, having a market value equal to the required bond amount; or An irrevocable letter of credit that is: 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. The bond liability required under this regulation shall terminate 2 years after the: Participation in the Project ceases; Stockpiling or storing manure ceases; or Bond is canceled. The bond amount shall be the estimated cost of remediation if, in the event of forfeiture: Manure must be removed from the stockpile or storage site; Manure must be protected from rainfall, runoff, and leaching, until such time that it can be removed from the stockpile or storage site because of failure to stockpile it in a manner approved by the Department; or The stockpile or storage site must be cleaned up or reclaimed because of failure to stockpile or store the manure in a manner approved by the Department, or as otherwise required under this chapter. The bond amount shall be based on, but not limited to, the quantity of manure stockpiled or stored. The obligation of the broker, an alternative use participant, and any corporate surety under the bond shall become due and payable, and all or any part of any cash or securities shall be applied to payment of the costs of remediation, including, but not limited to, stabilizing, protecting, and removing the manure, and cleaning up or reclaiming the storage site, if the Department has: Notified the broker or alternative use operation and any corporate surety that the requirements imposed under this chapter for stockpiling or storing manure have not been fulfilled, and specified in the notice the particular deficiencies; Given the broker or alternative use operation and any corporate surety a reasonable opportunity to correct the deficiencies; and Determined that, at the end of a reasonable length of time, some or all of the deficiencies specified remain uncorrected. On or before July 1 of each year, the Department shall submit to the General Assembly a report detailing the: Participation levels in the Project; Total amount of manure transported to and from each county in the State; and Amount of funds distributed by the State and each participating commercial poultry producer for the preceding year. If a person fails to comply with the requirements of this chapter, or any agreement established under this chapter, the Department may: Exclude that person from future participation in the Project; and Hold the person liable for the full amount of funds paid. Agriculture Article, §8-704.2, Annotated Code of Maryland Effective date: Regulations .01—.07 adopted as an emergency provision effective January 7, 1999 (26:3 Md. R. 174); adopted permanently effective April 5, 1999 (26:7 Md. R. 546) Chapter revised as an emergency provision effective July 17, 2000 (27:16 Md. R. 1520); revised permanently effective October 30, 2000 (27:21 Md. R. 1977) Chapter revised as an emergency provision effective December 1, 2000 (27:26 Md. R. 2356); revised permanently effective March 19, 2001 (28:5 Md. R. 552) Chapter revised as an emergency provision effective March 24, 2004 (31:8 Md. R. 644); revised permanently effective June 21, 2004 (31:12 Md. R. 913) Chapter revised effective February 15, 2016 (43:3 Md. R. 273) Regulations .01—.10 repealed and new Regulations .01—.16 adopted as an emergency provision effective May 29, 2020 (47:13 Md. R. 639); adopted permanently effective November 2, 2020 (47:22 Md. R. 936) This chapter requires a person who applies nutrients to more than 10 acres of agricultural land, which that person owns or manages, to: Have an applicator voucher from the Department; Be a certified farm operator; Be a certified nutrient management consultant; or Hire a certified nutrient management consultant. In this chapter, the following terms have the meaning indicated. Terms Defined. Agricultural Land. “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. “Applicator” means a person who applies any type of nutrient, as defined by this chapter, to any crop, plant, or land intended to be planted. “Applicator voucher” means documentation issued by the Department as proof that an individual has completed a required educational program, as defined by this chapter. “Certified farm operator” means an individual certified by the Department under this subtitle to prepare a nutrient management plan solely for agricultural land that the individual: Owns; Operates; or Has a legal interest in. “Certified nutrient management consultant” or “consultant” means an individual certified by the Department, under COMAR 15.20.04, to prepare a nutrient management plan. “Commercial fertilizer” or “fertilizer” means a substance containing a recognized plant nutrient used for its plant nutrient content and designed for use, or claimed to have value, in promoting plant growth, except unmanipulated animal and vegetable manure, marl, lime, wood ashes, and gypsum. “Department” means the Maryland Department of Agriculture. “Educational program” means a training program created or approved by the Department relating to nutrient application. “Nutrient” means a fertilizer or any substance used to promote plant growth. “Nutrient application rate” means the quantity of primary nutrients, as total nitrogen (N), available phosphate (P2O5), and soluble potash (K2O), recommended by a certified nutrient management consultant to: Supply crop or plant nutrient needs; and Achieve realistic yield goals, as defined by COMAR 15.20.04. “Nutrient content” means the percentage of any primary nutrient, as total nitrogen (N), available phosphate (P2O5), or soluble potash (K2O), in any type or source of plant nutrients. “Nutrient management plan” means a plan prepared by a certified nutrient management consultant or a certified farm operator to manage the amount, placement, timing, and application of animal manure, fertilizer, biosolids, or other plant nutrients in order to protect water quality and maintain the productivity of soil in accordance with COMAR 15.20.08. “Person” means the State, any county, municipal corporation, or other political subdivision of the State, or any of their units, or an individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind, or any partnership, firm, association, public or private corporation, or any other entity, unless otherwise provided. “Supervision” means that a nutrient management consultant, a certified farm operator, or a person who holds a voucher is responsible for: Training and planning employee activities; and The application of nutrients. A person who owns or operates agricultural land may not apply any nutrient to more than 10 acres of that land, unless that person: Holds an applicator voucher from the Department verifying the completion of the Department's educational requirements; Is a certified farm operator; or Is a certified nutrient management consultant. A person who satisfactorily completes an approved educational program shall receive an applicator voucher from the Department. At least once every 3 years after obtaining a voucher, each voucher holder shall complete at least 2 hours of a Department-approved educational program in nutrient application or management. The Department shall renew an applicator voucher for an individual who satisfactorily completes the educational requirements of this chapter. A person who for-hire applies nutrients to agricultural land shall: Be a certified nutrient management consultant or work under the supervision of a consultant; Make available, upon request of the landowner or operator, documentation in the form of a certificate, work order, or other similar document, that the applicator is: A certified nutrient management consultant, or Working under the supervision of a certified nutrient management consultant; On or after December 31, 2002, apply nutrients according to a nutrient management plan or have verification by the landowner or operator that the nutrient application complies with a nutrient management plan; and On or after December 31, 2002, apply nutrients according to the University of Maryland Cooperative Extension recommendation rates when a nutrient management plan is not required. A person who for-hire applies nutrients to agricultural land shall: Keep records when applying nutrients, to document that the applicator is: Certified by the Department as a nutrient management consultant; Certified as a nutrient management consultant by an entity with a reciprocal certification program with the Department; or Supervised by a person complying with requirements in §A(1)(a) or (b) of this regulation. Make and keep for at least 3 years a record in a form approved by the Department that includes: The type and amount of nutrients applied to the plants or to the land; The crop acreage receiving a nutrient application; The location of the nutrient application; The timing of the application or applications; and An analysis of the nutrient content of any fertilizer applied to the plants, the land, or the crop acreage. Make available for inspection, at the Department's request, the records required by §A(1) and (2) of this regulation. The Department may deny, suspend, or revoke the certification or applicator voucher of a person who violates any requirement of this chapter, including: Providing misleading, false, or fraudulent information; Failing to meet the educational or continuing education requirements of this chapter; or Failing to apply, or to supervise the application of, nutrients as required by this chapter. A person whose certification or application voucher is denied, suspended, or revoked shall be given an opportunity for a hearing by the Secretary before any denial, suspension, or revocation. Agriculture Article, §§8-801—8-806, Annotated Code of Maryland Effective date: May 29, 2000 (27:10 Md. R. 967) Regulation .01 amended effective October 28, 2013 (40:21 Md. R. 1780) Regulation .01A amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684) Regulation .01B amended effective April 16, 2001 (28:7 Md. R. 692) Regulation .02B amended effective April 16, 2001 (28:7 Md. R. 692); October 28, 2013 (40:21 Md. R. 1780) Regulation .02B amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684) Regulation .03A amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684) Regulation .04 amended effective April 16, 2001 (28:7 Md. R. 692); October 28, 2013 (40:21 Md. R. 1780) Regulation .05 amended effective October 28, 2013 (40:21 Md. R. 1780) Regulation .05B amended effective April 16, 2001 (28:7 Md. R. 692) Regulation .07 repealed effective October 28, 2013 (40:21 Md. R. 1780) This chapter applies to a farm or agricultural operator and requires the operator to develop and implement nitrogen-based and phosphorus-based nutrient management plans for a farm or agricultural operation by certain deadlines. The performance and technical standards provided in this subtitle are found in the Department of Agriculture's Maryland Nutrient Management Manual (November 1999), Supplement No. 1 (September 2000), Supplement No. 2 (November 2001), Supplement No. 3 (September 2004), Supplement No. 4 (November 2005), Supplement No. 5 (November 2006), Supplement No. 6 (May 2009), Supplement No. 7 (May 2012), Supplement No. 8 (August 2016), Supplement No. 9 (June 2022), and Supplement No. 10 (July 2024), which are incorporated by reference. In this chapter, the following terms have the meaning indicated. Terms Defined. “Agricultural operation” means a business or activity that: 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. “Animal unit” means the unit of measure equivalent to 1,000 pounds of live animal weight. “Annual implementation report” means the end of cropping season report that an operator, using a Department-created form, must file with the Department by March 1 of each year, providing certain information about the agricultural operation for the previous calendar year. “Biosolids” means any thickened liquid, suspended or settled solid, or dried residue extracted from sewage at a sewage treatment plant, including domestic sewage, that: 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. “Certified farm operator” means an individual certified by the Department under this subtitle to prepare a nutrient management plan solely for agricultural land that the individual: Owns; Operates; or Has a legal interest in. “Certified nutrient management consultant” or “consultant” means an individual certified by the Department under this subtitle to prepare a nutrient management plan. Chemical Fertilizer. “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. “Department” means the Maryland Department of Agriculture or its designee. “Expected crop yield” means a realistic crop yield for the agricultural operation determined by using yield records or soil productivity information. “Fertilizer” means a substance containing any recognized primary plant nutrient used for its plant nutrient content and designed for use in promoting plant growth. “Manure management” means operations and conditions specific to an agricultural operation that has animals, or uses animal manure or waste nutrients from animal production. The purpose of manure management in nutrient management planning is to improve efficiency and effectiveness of nutrient utilization and to minimize the potential for nutrient loss from the management of animals or their manure and associated waste nutrients. Guidelines for manure management are described in the Maryland Nutrient Management Manual, Section III-C. “Nutrient management plan” means a plan prepared by a certified nutrient management consultant or certified farm operator to manage the amount, placement, timing, and application of animal manure, fertilizer, biosolids, or other plant nutrients in order to: Minimize nutrient loss or runoff; and Maintain the productivity of soil when growing agricultural products. “Operator” means a person who manages or owns an agricultural operation. “Person” means the State, any county, municipal corporation, or other political subdivision of the State, or any of their units, or an individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind, or any partnership, firm, association, public or private corporation, or any other entity, unless otherwise provided. “Plant production goal” means a statement of the estimated length of time that plants will be grown, and some appropriate measure of expected plant size, such as height or diameter. “Primary nutrients” means a plant food that is essential for normal plant growth and includes total nitrogen (N), available phosphate (P2O5), and soluble potash (K2O). An operator shall develop and implement a nutrient management plan for the operator's agricultural operation, according to the following deadlines: An operator who uses chemical fertilizer in an agricultural operation shall: 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; An operator who uses biosolids or animal manure in an agricultural operation shall: 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; An operator who uses biosolids or animal manure in an agricultural operation shall: 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 An operator who uses a combination of chemical fertilizer, biosolids, and animal manure in an agricultural operation shall comply with the deadlines in §A(2) and (3) of this regulation if that operator uses biosolids or animal manure on a minimum of 10 acres, or 50 percent of an agricultural operation, whichever is less. Phosphorus application rates under this subsection shall follow Cooperative Extension recommendation rates on individual fields where chemical fertilizer is the only nutrient source. An operator who cannot obtain the services of a certified nutrient management consultant to develop a nutrient management plan to meet the deadlines required in §A of this regulation shall be in compliance if: The operator provides to the Department proof that: 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 operator provides on a Department form a signed statement from a certified nutrient management consultant indicating: 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. An operator who meets the conditions in §B of this regulation, but who does not complete plan development within 1 year of the deadlines set forth in §A of this regulation, is in violation of §A requirements for plan development and implementation, unless the Department determines noncompliance to be attributed to circumstances beyond the control of that operator. Upon application to the Department on a Department form, an operator may request an exemption from the requirements of this chapter for certain activities, including research, education, and demonstration, if the operator: Documents the proposed activity and provides this information to the Department prior to its implementation; Ensures that impacts on water quality are minimized; and Receives written notice of approval for the activity from the Department prior to the start of the activity. In determining whether a particular application for exemption will be approved, the Department shall consider the following factors: Whether the activity is temporary and its time frame defined; Whether a research activity is managed, sponsored, or affiliated with an accredited educational institution or research facility; Whether the activity's objectives help to advance knowledge about the management of nutrients; and The area and location of the activity in relation to the operation's overall size and potential impacts on adjacent properties, water quality, and natural resources. If an operator is subject to this chapter only because the operator earns $2,500 or more from the occasional sale of agricultural products as a result of participating in a 4-H or other agricultural youth organization project, the operator is exempt if: Verification of active participation in the 4-H or agricultural youth organization activity is made available upon request to the Department; and The activity is conducted so the potential for nutrient loss or runoff is minimized. A nutrient management plan required by this chapter shall include: All agricultural practices that relate to nutrient use, including, but not limited to, tillage, cropping, pasturage, or production of any agricultural product; and Identification, management, and disposition of all primary nutrients produced on, or imported to, the agricultural operation, including land application, off-site transportation, composting, or processing. An operator who uses chemical fertilizer, animal manure, or biosolids, as provided in Regulation .04A of this chapter, shall have a nutrient management plan that shall: Be prepared by a certified nutrient management consultant or by the farm operator, if certified in accordance with this subtitle; Be prepared according to the schedule set forth in Regulation .04A or B of this chapter by using the limiting nutrient determination described in COMAR 15.20.08.05E; and Address the following existing factors: 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: Encompass all land where animals are kept and all land used for manure storage, treatment, or utilization that is under the control of the agricultural operator, Contain or manage manure to minimize the potential for nutrient loss or runoff before export to other agricultural operations or receiving facilities when agricultural operators have insufficient land to utilize manure and waste nutrients associated with animal production, and Minimize the potential for nutrient loss or runoff prior, during, and after application when an agricultural operator imports animal manure or waste nutrients associated with animal production for nutrient application on the operator's land. A nutrient management plan shall contain recommendations for an agricultural operation, as provided in COMAR 15.20.08.05B—I, for the management of fertilizer inputs and other nutrient sources. A recommendation shall be based on the best information available at the time a plan is prepared, as determined by the Department on a case-by-case basis. When implementing a plan, the operator may not exceed recommended nutrient application rates. The operator shall follow all other recommendations in the plan. Plan Adjustments. An operator may adjust the nutrient management recommendation in a plan for any of the following reasons: 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. Any adjustment shall be: Consistent with plan criteria; and Documented under Regulation .06B of this chapter. An adjustment by the operator shall require that a revision to a nutrient management plan be made and documented when the adjustment is necessary because either new land or planting area, or animals, are not addressed in the current nutrient management plan and they exceed the thresholds described in §D of this regulation. Plan Maintenance, Updates, and Revisions. Except as provided in §D(2) of this regulation, at least once every 3 years from the date that the current plan was prepared, the operator shall revise and update the plan. An operator who uses only commercial fertilizer may use the current plan beyond the 3 years if all of the following conditions apply: 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. Changes in an agricultural operation may require the operator to modify or update a plan when the information in the plan is inadequate, incomplete, or fails to address a change. These changes include a change: 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. An operator shall maintain a plan to meet plan objectives, including implementation of best management practices, strategies, or a phased-in approach identified in the plan to achieve soil fertility within optimal ranges. Operator Reporting Requirements — Plan Development. An operator shall submit to the Department a summary of the nutrient management plan for the agricultural operation in a form that the Department requires when it is first developed to meet requirements of this chapter, according to the deadlines provided by Regulation .04A and B of this chapter. A nutrient management plan submitted to the Department by an operator for the first time shall include: 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. Following the first submission of required nutrient management plan information to the Department, all operators subject to this chapter shall file by March 1 of each year an annual implementation report. The report shall be submitted on a form that the Department requires, and shall include, but not be limited to: 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: The amount of animal manure imported to or exported from the operator’s farm; For any animal manure that was imported, including manure received through a manure broker, the name and location of the sending farm; and For any animal manure that was exported, the name and location of the farm, alternative use facility, or manure broker that received the manure; and A statement verifying that: The information provided is true and accurate; and A valid nutrient management plan will be followed during the current cropping season and upcoming cropping year. The Department shall keep, and shall protect the confidentiality of, all nutrient management plan information submitted, so as to protect the identity of the person for whom the plan was developed. Operator Record-Keeping Requirements — Plan Implementation. The Department may periodically review records of an agricultural operator solely to determine if a nutrient management plan is implemented in accordance with the provisions of this chapter. The Department shall prioritize its enforcement efforts against those operations for which the Department has not received soil test phosphorus levels as required by COMAR 15.20.04.11. When reviewing an operator's records, the Department shall: 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. A person operating a farm who fails to cooperate with the Department's request to conduct a site visit or review a nutrient management plan and records relating to the plan is subject to the penalties provided in Regulation .07 of this chapter. Except as provided in this section, an operator subject to this chapter shall retain for 3 years the following records: 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: The length of the production cycle and primary nutrients applied in each growing cycle, A description of substrates used, and An analysis of organic materials used as a source of nutrients in the substrate; 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. An operator shall keep the records required by §B(4)(a)—(h) of this regulation in a manner acceptable to the Department and shall make them available to the Department, upon request. An operator who does not have a nutrient management plan that meets the requirements of this chapter is subject to a written warning for a first violation. If an operator fails to obtain a nutrient management plan after a reasonable period of time following receipt of this notice, the operator is subject to an administrative penalty of not less than $100 and not more than $250 for this violation and any subsequent violation for failing to obtain the requisite nutrient management plan. An operator who fails to implement or otherwise comply with a nutrient management plan that meets the requirements of this chapter is subject to a written warning for a first violation. If, following a reasonable period of time from receipt of this notice, an operator fails to implement or otherwise comply with a plan that meets the requirements of this chapter, the operator is subject to an administrative penalty for a second or subsequent violation of not more than $500 for each violation, but not exceeding $5,000 per operator per calendar year. If the violation involved the knowing application of phosphorus to a field or management unit where, because of the field or management unit’s soil characteristics, Department regulations prohibit the application of phosphorous, the administrative penalty imposed on an operator under §B of this regulation may not be less than $250. The Department shall consider the following when assessing a civil penalty under §B of this regulation: The willfulness of the violation, the extent to which the existence of the violation was known to the violator, but uncorrected by the violator, and the extent to which the violator exercised reasonable care; Any actual harm to human health or to the environment or the natural resources of this 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 violator. Each day that a violation of this chapter occurs, except for failing to meet a deadline for having a plan, as provided in Regulation .04A of this chapter, a separate violation under this chapter has occurred. Daily penalties do not continue to accrue as long as the operator takes reasonable steps to correct the violation. The maximum penalty accrued may not exceed $5,000 per operator per year for each nutrient management plan. Unless a stay has been granted, an operator against whom a civil penalty has been imposed under this regulation shall promptly pay the penalty to the Department. If an operator violates any provision of this chapter, the Department may require repayment of Agricultural Water Quality Cost Share funds already disbursed to the operator for a project that an operator is required to maintain, and may deny or restrict future cost share payments to the operator under COMAR 15.01.05. If an operator fails to comply with the provisions of Regulation .04A of this chapter following the third citation by the Department, the violation shall be referred to the Maryland Department of the Environment for further action under COMAR 26.08.02.04. An operator may appeal the Department's decision to impose a penalty under Agriculture Article, §2-405, Annotated Code of Maryland. If a person fails to file an annual implementation report with the Department in a timely manner as provided under Regulation .06A(3) of this chapter, the Department shall notify the person that: The person is in violation of the requirement to file an annual implementation report; and The person is subject to: 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. A penalty imposed on a person under §A of this regulation shall be assessed with consideration given to: The willfulness of 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 violator. Neither the issuance of an administrative penalty by the Department nor the payment of an administrative penalty by a person under this regulation shall relieve the person of the requirement to submit the annual implementation report under Regulation .06A(3) of this chapter. Agriculture Article, §§8-801—8-806, Annotated Code of Maryland Effective date: May 29, 2000 (27:10 Md. R. 967) Regulation .02 amended effective April 16, 2001 (28:7 Md. R. 692); August 5, 2002 (29:15 Md. R. 1143) Regulation .02 amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684) Regulation .02 amended effective July 31, 2006 (33:15 Md. R. 1281); March 26, 2007 (34:6 Md. R. 628); November 16, 2009 (36:23 Md. R. 1818); October 15, 2012 (39:20 Md. R. 1308); June 8, 2015 (42:11 Md. R. 726); January 2, 2017 (43:26 Md. R. 1448), January 1, 2023 (Md. R. 49:24 1027) Regulation .02 amended as an emergency provision effective October 16, 2024 (51:23 Md. R. 1035); amended permanently effective March 17, 2025 (52:5 Md. R. 238) Regulation .03B amended effective April 16, 2001 (28:7 Md. R. 692) Regulation .03B amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684) Regulation .03B amended effective October 5, 2020 (47:20 Md. R. 877) Regulation .04 amended effective April 16, 2001 (28:7 Md. R. 692) Regulation .05A, C, D amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684) Regulation .06 amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684); October 5, 2020 (47:20 Md. R. 877) Regulation .06A amended effective April 16, 2001 (28:7 Md. R. 692) Regulation .07 amended effective October 5, 2020 (47:20 Md. R. 877) Regulation .08 adopted effective October 5, 2020 (47:20 Md. R. 877) Regulation .08 amended effective May 2, 2022 (49:9 Md. R. 531) This chapter describes the: Content requirements for a nutrient management plan; Requirements for plan recommendations by a certified nutrient management consultant or certified farm operator; and Requirements for the implementation of a nutrient management plan by a person who manages an agricultural operation. A nutrient management plan prepared for an agricultural operation indicates how primary nutrients are to be managed annually on farm fields for plant and crop production and for the protection of water quality. Plans contain recommendations to the agricultural operator based on expected crop yield or plant production goals, existing nutrient levels in the soil, organic residuals, optimum timing and placement of nutrients, environmental protection, and normal agricultural practices, such as liming, tillage, and crop rotation. The Department certifies and licenses qualified individuals to prepare plans under COMAR 15.20.04 and requires agricultural operations to implement the plans under COMAR 15.20.07. This chapter addresses nutrient management plans and recommendations for agricultural operations, including container or out-of-ground agricultural operations. This chapter also describes the transition from the Phosphorus Site Index to the Phosphorus Management Tool as a means to identify potential risk of phosphorus loss from farms. Like the Phosphorus Site Index, the Phosphorus Management Tool will be employed when a soil sample analysis shows a phosphorus fertility index value (“P FIV”) of 150 or greater. Unless the transition schedule is adjusted as provided in this chapter, the Phosphorus Management Tool will be phased-in over a 7-year period as shown in the chart found in Regulation .10 of this chapter. Farms that have excess soil phosphorus will be placed in one of three tiers, as determined by the particular operation’s average phosphorus fertility index value. Farms with an average P FIV of 450 and greater will be the first operations required to begin implementing the Phosphorus Management Tool, but will be given a longer time-frame to fully implement it. Farms with an average P FIV of(1) 150 and greater, but less than 300, and (2) 300 and greater, but less than 450, will be required to begin implementing the Phosphorus Management Tool later but will be given less time to complete this transition. The performance and technical standards provided in this subtitle are found in the Department of Agriculture's Maryland Nutrient Management Manual, which is incorporated by reference in COMAR 15.20.07.02. In this chapter, the following terms have the meaning indicated. Terms Defined. “Account identification number” means the unique identifier used by the Maryland Department of Assessments and Taxation to identify a unit of land. “Agricultural operation” means a business or activity that: 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. “Animal unit” means the unit of measure equivalent to 1,000 pounds of live animal weight. “Average Soil Phosphorus Fertility Index Value” or “Average Soil P FIV” means a value: 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. “Best management practice” means a conservation or pollution control practice that manages soil, nutrient losses, or other potential pollutant sources to: Minimize nutrient runoff or pollution of water resources; or Improve agricultural production and management. “Bioavailable” means a nutrient supply that is either currently, or likely to be, available to a plant or crop. “Biosolids” means any thickened liquid, suspended or settled solid, or dried residue extracted from sewage at a sewage treatment plant, including domestic sewage, that: 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. “Certified farm operator” means an individual certified by the Department under this subtitle to prepare a nutrient management plan solely for agricultural land that the individual: Owns; Operates; or Has a legal interest in. “Certified nutrient management consultant” or “consultant” means an individual certified by the Department under this subtitle to prepare a nutrient management plan. Chemical Fertilizer. “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. “Controlled release fertilizer” means a type of fertilizer that releases nutrients over time and which may be categorized as follows: Natural organics; Organic, synthetic isobutylidene diurea and urea fomaldehyde; Sulfur-coated synthetic organic or inorganic fertilizers; and Inorganic, resin-coated fertilizers. “Cover crop” means a crop including, but not limited to, cereal grains, that is planted following the harvest of summer crops for the purpose of: Seasonal protection of soil; Assimilation of residual nitrogen left from a previous crop; and Continued mineralization of nitrogen. “Crop or plant nutrient needs” means the primary nutrient requirements of a crop, usually determined as pounds of total nitrogen (N), available phosphate (P2O5), or soluble potash (K2O), required for production of a crop yield unit, such as a bushel of corn. “Department” means Maryland Department of Agriculture. “Environmental risk assessment for out-of-ground production” means a method used to evaluate risk from stormwater and runoff management and water application (irrigation) methods that is acceptable to the Department, as described in the Maryland Nutrient Management Manual, Section II-D. “Expected crop yield” means a realistic crop yield for the agricultural operation determined by yield records or soil productivity information. “Fertility index value (FIV)” means an index developed by the University of Maryland that is: Used to describe the relative availability of nutrients to a plant or crop; and Described in the Maryland Nutrient Management Manual, Section II-B. “Fertilizer” means a substance containing a recognized primary plant nutrient used for its plant nutrient content and designed for use in promoting plant growth. “Field identification number” means a number or unique identifier used by an agricultural operator to distinguish or pinpoint the location of a field or management unit on a farm. “Liming” means the application of materials containing the carbonates, oxides, or hydroxides of calcium or magnesium in a condition, and in a quantity, adequate to manage soil acidity. “Management unit” means an area sharing common characteristics, including soil type, nutrient content, and plant type or crop produced, so that nutrients can be recommended and managed in a uniform and consistent manner. “Manure management” means operations and conditions specific to an agricultural operation that has animals, or uses animal manure or waste nutrients from animal production. The purpose of manure management in nutrient management planning is to improve efficiency and effectiveness of nutrient utilization and to minimize the potential for nutrient loss from the management of animals or their manure and associated waste nutrients. Guidelines for manure management are described in the Maryland Nutrient Management Manual, Section III-C. “Mineralization” means the process that converts unavailable organic forms of nutrient elements to an available inorganic state as a result of bacterial decomposition. “Natural organic fertilizer” means a fertilizer derived from plant or animal products, including animal manure, biosolids, green manure, compost, or plant materials, or other residuals used as a source of primary nutrients, which: 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. “Nutrient application rate” means the quantity of primary nutrients, including total nitrogen (N), available phosphate (P2O5), or soluble potash (K2O), recommended by a certified consultant to: Supply crop or plant nutrient needs; and Achieve realistic yield or plant production goals, as defined by this chapter. “Nutrient content” means the percentage of any primary nutrients as total nitrogen (N), available phosphate (P2O5), or soluble potash (K2O) in any type or source of fertilizer. “Nutrient management plan” means a plan prepared by a certified nutrient management consultant or certified farm operator to manage the amount, placement, timing, and application of animal manure, fertilizer, biosolids, or other plant nutrients to minimize nutrient loss or runoff and to maintain the productivity of soil when growing agricultural products. “Operator” means a person who owns or manages an agricultural operation. “Out-of-ground or container production” means the production of plants whose roots are not actually growing in the soil column. “Person” means the State, any county, municipal corporation, or other political subdivision of the State, or any of their units, or an individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind, or any partnership, firm, association, public or private corporation, or any other entity, unless otherwise provided. “Phosphorus Management Tool” means the new procedure developed by the University of Maryland, approved by the Department, and described in the Maryland Nutrient Management Manual, Section II-C, that: 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. “Phosphorus Site Index” means the original procedure developed by the University of Maryland, approved by the Department, and described in the Maryland Nutrient Management Manual, Section II-C, that uses characteristics of soils, landforms, and management practices to identify potential risk of phosphorus losses from soils to waters. “Phosphorus Transition Management Phase I” means the first of two management phases that farms with a soil P FIV of 150 or greater shall employ when transitioning from use of the Phosphorus Site Index to the Phosphorus Management Tool as a means to determine the application of additional phosphorus that: 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. “Phosphorus Transition Management Phase II” means the second of two management phases that farms with a soil P FIV of 150 or greater shall employ when transitioning from the use of the Phosphorus Site Index to the Phosphorus Management Tool as a means to determine the application of additional phosphorus that: 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. “Plant production goal” means a statement of the estimated length of time that plants will be grown, and appropriate measure of expected plant size, such as height or diameter. “Primary nutrients” means a plant food that is essential for normal plant growth, and includes total nitrogen (N), available phosphate (P2O5), or soluble potash (K2O). “Residual nutrients” means the level of nitrogen, phosphorus, and potassium available in the soil from previous nutrient sources or unharvested plants or plant parts, or the baseline nutrient levels in the soil. “Soil leaching potential” means the potential for a given soil to be subject to nitrate and soluble chemical leaching below the root zone. “Soil pH level” means the relative acidity or alkalinity of a soil and refers to the hydrogen ion concentration in the soil solution. “Substrate” means organic or inorganic material, often bark, peat, and sand, used as media components in a container to support the plant and contain the root system. “Tier A operations” means those farms that have an average soil P FIV of 150 or greater but less than 300. “Tier B operations” means those farms that have an average soil P FIV of 300 or greater but less than 450. “Tier C operations” means those farms that have an average soil P FIV of 450 or greater. “Volatilization” means a process in which nitrogen losses to the atmosphere occur as ammonia. “Watershed code” means the code used by the State to identify a hydrologic unit area. Waters. “Waters” means surface water or ground water, including: That part of the Atlantic Ocean within the boundaries of the State; The Chesapeake Bay and its tributaries; and All ponds, streams, natural wetlands, and drainage ditches or public drainage systems. “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. A certified nutrient management consultant or certified farm operator shall prepare, and an operator shall have and implement, a nutrient management plan that conforms to the requirements in §§B—G of this regulation. Plan Identification. A plan shall contain: The operator name and address; The account identification number or numbers for all tax maps and parcels contained in the plan; A county and watershed code of all land under a nutrient management plan; The date the plan was prepared or updated; The period of time the plan covers; The name, certification, and license number of the certified nutrient management consultant responsible for the plan development; and The name and certification number of the certified farm operator responsible for the plan development. Map or Aerial Photograph. A plan shall contain one or more maps, such as soil survey maps or aerial photographs, that identify: 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. The map or aerial photograph of the features described in §C(1) of this regulation shall be clearly recognizable. An agricultural operation sketch or soil survey map may be used when a map or aerial photograph is not available, if the features described in §C(1) of this regulation are clearly recognizable. Plan Elements. A plan shall contain the following, when applicable: All nutrient recommendations for the period the plan is effective, including crop rotations or recommendations for alternative cropping plans, if applicable, within specific field or management unit information, described under §E of this regulation; The type and average number of animals annually raised, maintained, or housed on the agricultural operation; The quantities of animal manure or waste produced and available from animal housing or waste storage structures during the period the plan covers; The total animal manure used as crop nutrients, including manure from on-farm and off-farm sources, and its nutrient analysis; The quantity of animal manure or waste and location of alternative use, including land application off-site, processing, composting, or other uses of unused animal manure or waste; The source and type of information used to determine expected crop yield or plant production goal; Any recommendation to change management, install additional best management practices, or implement alternative technologies to reduce risk potential for nutrient movement; Any recommendation to ensure efficient application of fertilizers; and Any determination of the limiting nutrient as required under Regulation .04 of this chapter, including use of a risk analysis tool indicating the potential for nutrients to move into surface water or ground water, based on current conditions. Field or Management Unit Specific Information. A plan shall contain data for each field or area where nutrients will be applied and shall include: The date the recommendations are prepared or updated; An account identification number; The watershed location code; The field or management unit number or identifier and acreage; A soil analysis; The expected crop or plant and expected crop yield or plant production goal for the period covered by the plan; Any crop rotation or recommendation for alternative cropping plans, if applicable, to: Provide the operator greater flexibility, and Minimize the need for a plan update; The primary nutrient requirements based on expected crop yield or plant production goals; Any available nutrients in the soil from the previous crop and mineralization and bioavailability assumptions for organic nutrient sources; The nutrients to be applied from all fertilizer sources to meet the crop or plant nutrient requirements; Any recommendation for: 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 Current or recommended tillage method. Summary of Nutrient Recommendations. A plan shall contain a summary section that lists the following information for each farm field or management unit: The field or management unit identifier or number; The field or management unit acreage; The expected crop or plant; The expected crop yield or plant production goals for the period covered by the plan; Any recommended nutrient rates; The amount and type of nutrients, including chemical fertilizer or natural organic fertilizer, per acre or management unit; The nutrient application method and, if application method requires incorporation of the nutrient, timing for incorporation; and Any liming recommendations, if needed. Plan Maintenance. A plan shall contain information to maintain and update a nutrient management plan. General comments about plan maintenance may be summarized and shall include: The length of time the plan is effective; The circumstances or changes in the farm operation that would require the plan to be modified or updated, including a change: 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 Any information on soil fertility and management strategies for achieving soil fertility within an optimal range. A certified nutrient management consultant or certified farm operator shall address all of the elements and use the criteria described in §§B—I of this regulation to determine recommendations in a nutrient management plan. A consultant's or certified farm operator's recommendations shall be consistent with the Department technical standards and criteria as provided in the Maryland Nutrient Management Manual, Sections I, II, and III. Nutrient Rates. Nutrient rates of the primary nutrients shall be calculated for plant growth requirements of the crop. Plant growth requirements shall be based on one of the following: 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. A consultant or certified farm operator may recommend the use of lime, secondary nutrients, or micronutrients needed for optimal plant growth. A consultant or certified farm operator may recommend nutrient rates that deviate from University of Maryland Plant or Crop Nutrient Recommendations and alternative standards provided in the Maryland Nutrient Management Manual, Section I-B, for application on farm test plots with prior approval from the Department. A consultant or certified farm operator may recommend nutrient rates based on a single variety tissue sample when used in conjunction with a soil sample. Expected Crop Yield or Production Goal. The calculation of expected crop yield shall be based upon one of the following: 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. If field or management unit-specific yield or plant production goal information is unavailable or unrepresentative due to the inclusion of new seed varieties, irrigation, or new technologies, a consultant or certified farm operator shall use one of the following: 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. A consultant shall document what information was used as the basis for determining expected yield goal as part of the consultant's record-keeping requirements. Soil Analysis Results. Soil analysis results for each field or management unit shall be based on standard soil sampling and analysis methods acceptable to the Department. Soil Samples. Variations from the standard sampling process shall be documented by the consultant or certified farm operator and may include: 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. Soil analysis results for a plan are valid for 3 years, except if the following conditions exist and are documented by the consultant or certified farm operator: 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. A recommendation for more than one planting season or crop may be made if anticipated soil fertility changes from the following are documented: Previous and future crop rotations; and Residual soil nutrients and nutrients used for previous crops. Determination of Limiting Nutrient. A consultant or certified farm operator shall: 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. Soil fertility shall be used as an indicator of whether nutrient recommendations should be adjusted to address potential nutrient pollution problems. If the soil sample analysis results show a phosphorus fertility index value (FIV) of less than 150, nutrient recommendations may be based on nitrogen plant needs as the limiting factor in accordance with the recommendations described in the Maryland Nutrient Management Manual, Section 1-B. Phosphorus Criteria for Tier A Operations. Except for nutrient management plans developed in accordance with §E(4)(e) of this regulation, the certified consultant shall: Provide the operator information outlining the changes in the management of the operation that will be required when the Phosphorus Management Tool becomes effective; Calculate the Average Soil Phosphorus Fertility Index Value for the operation; and Report the Average Soil Phosphorus Fertility Index Value for the operation to the Department on a form provided by the Department not later than September 1, 2016. Nutrient management plans implemented before July 1, 2019 shall: Be developed using both the Phosphorus Site Index and the Phosphorus Management Tool, as provided in the Maryland Nutrient Management Manual, Section II-C; and Use the Phosphorus Site Index set forth in Regulation .06 of this chapter to determine phosphorus applications. 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: Transition Management Phase I shall continue to be used to determine phosphorus applications for 1 additional year, through June 30, 2021; The transition to Transition Management Phase II, as provided in this section, shall be implemented 1 year later, beginning July 1, 2021; and The subsequent schedule to transition to the Phosphorus Management Tool, as provided in §E(4)(e) of this regulation, likewise shall be implemented 1 year later, beginning July 1, 2022. 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: Transition Management Phase II shall continue to be used to determine phosphorus applications for 1 additional year, through June 30, 2022 or, alternatively, June 30, 2023, if the schedule has also been adjusted under §E(4)(d) of this regulation; The Phosphorus Management Tool shall be used to determine phosphorus applications after June 30, 2022 or, alternatively, after June 30, 2023, if the schedule has also been adjusted under §E(4)(d) of this regulation. Phosphorus Criteria for Tier B Operations. Except for nutrient management plans developed in accordance with §E(5)(e) of this regulation, the certified consultant shall: Provide the operator information outlining the changes in the management of the operation that shall be required when the Phosphorus Management Tool becomes effective; Calculate the Average Soil Phosphorus Fertility Index Value for the operation; and Report the Average Soil Phosphorus Fertility Index Value for the operation to the Department on a form provided by the Department not later than September 1, 2016. Nutrient management plans developed for implementation before July 1, 2018 shall: Be developed using both the Phosphorus Site Index and the Phosphorus Management Tool, as provided in the Maryland Nutrient Management Manual, Section II-C; and Use the Phosphorus Site Index set forth in Regulation .06 of this chapter to determine phosphorus applications. 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 manuretransportation, 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: Transition Management Phase I shall continue to be used to determine phosphorus applications for 1 additional year, through June 30, 2020; The transition to Transition Management Phase II, as provided in this section, shall be implemented 1 year later, beginning July 1, 2020; and The subsequent schedule to transition to the Phosphorus Management Tool, as provided in §E(5)(d) of this regulation, shall be implemented 2 years later, beginning July 1, 2022. 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: Transition Management Phase II shall continue to be used to determine phosphorus applications for 1 additional year, through June 30, 2022 or, alternatively, June 30, 2023, if the schedule has also been adjusted under §E(5)(d) of this regulation; and The Phosphorus Management Tool shall be used to determine phosphorus applications after June 30, 2022 or, alternatively, after June 30, 2023, if the schedule has also been adjusted under §E(5)(d) of this regulation. Phosphorus Criteria for Tier C Operations. Except for nutrient management plans developed in accordance with §E(6)(e) of this regulation, the certified consultant shall: Provide the operator information outlining the changes in the management of the operation that will be required when the Phosphorus Management Tool becomes effective; Calculate the Average Soil Phosphorus Fertility Index Value for the operation; and Report the Average Soil Phosphorus Fertility Index Value for the operation to the Department on a form provided by the Department not later than September 1, 2016. Nutrient management plans implemented prior to July 1, 2017 shall: Be developed using both the Phosphorus Site Index and the Phosphorus Management Tool, as provided in the Maryland Nutrient Management Manual, Section II-C; and Use the Phosphorus Site Index set forth in Regulation .06 of this chapter to determine phosphorus applications. 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: Transition Management Phase I shall continue to be used to determine phosphorus applications for 1 additional year, through June 30, 2020; The transition to Transition Management Phase II, as provided in this section, shall be implemented 1 year later, beginning July 1, 2020; and The subsequent schedule to transition to the Phosphorus Management Tool, as provided in §E(6)(e) of this regulation, shall be implemented 2 years later, beginning July 1, 2022. 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: Transition Management Phase II shall continue to be used to determine phosphorus applications for 1 additional year, through June 30, 2022 or, alternatively, June 30, 2023, if the schedule has also been adjusted under §E(6)(d), of this regulation; The Phosphorus Management Tool shall be used to determine phosphorus applications after June 30, 2022 or, alternatively, after June 30, 2023, if the schedule has also been adjusted under §E(6)(d) of this regulation. Natural Organic Fertilizer. An agricultural operator who uses natural organic fertilizer shall determine its nutrient value as specified in this section. Test results for natural organic fertilizer shall be determined by an operator, consultant, or certified farm operator using standard sampling and analysis methods acceptable to the Department. The consultant or operator shall conduct animal manure or waste analysis as close to application time as possible, or a consistent baseline for nutrient content may be established and used from analysis results taken at least twice a year until a uniform value is confirmed, and then for every second year thereafter to verify its consistency. If significant changes occur, including feed, management, animals, or storage, a new analysis for nutrient content shall be determined by the consultant or operator for the new manure. Biosolids analysis shall be conducted according to COMAR 26.04.06.09A(13)(d) as close to nutrient application time as possible, but at least once a year. If changes occur in a sewage treatment facility, or routine biosolids analysis reveals a significant change in available nutrient content during the permit period, nutrient application rates shall be adjusted accordingly by the consultant, or certified farm operator, or the operator. Analysis of any other natural organic fertilizer or organic materials shall be conducted by the operator as close to nutrient application time as possible, but at least once a year. Calculations for nutrient content from natural organic fertilizer shall consider mineralization rates and plant availability rates for different forms and sources of organic nutrients. Mineralization of organic nitrogen from the 2 previous years of natural organic fertilizer applications shall be accounted for in the plan. Application Method for Nutrients. A consultant or certified farm operator shall consider the following when making recommendations on nutrient application methods in a plan: Nutrient application shall be made to minimize nitrogen and phosphorus losses to waters and nitrogen volatilization losses to the atmosphere; Techniques to achieve accurate and uniform application of nutrients shall be recommended by the consultant or certified farm operator and shall be used by the operator; Split application of nitrogen on soils identified as having a high leaching potential; Measures to minimize or control nutrient movement to sensitive areas, including natural or existing wetlands, sinkholes, and steep slopes; and Recommendations shall ensure efficient application of fertilizers and may include crop rotation, agronomic practices, tillage, and cover crop management. Timing of Nutrient Application. Timing for nutrient applications, as recommended by a consultant or certified farm operator and conducted by an operator, shall: Be as close to plant nutrient uptake periods as possible; Maximize plant utilization efficiency and minimize the potential for nutrient movement; and Be consistent with the guidelines contained in the Maryland Nutrient Management Manual, Section I-D. Manure Management. When an agricultural operation either produces animals or integrates animal manure use with crop production, a consultant or certified farm operator shall: Take into account the current manure management measures being used to store, stockpile, and handle animal manure and waste nutrients associated with animal production in order to make appropriate recommendations for application rates, timing, and methods; Evaluate existing conditions and procedures and advise the operator when manure management changes, such as improved stockpiling or storage facilities, would minimize the potential for nutrient loss or runoff or improve nutrient use efficiency and proper timing of manure utilization; and Take into account animal manure or waste nutrients associated with animal production and all other sources of nutrients when making recommendations. Except as provided in §F of this regulation, if the soil sample analysis results show a phosphorus fertility index value of 150 or greater, the Phosphorus Site Index, as provided in the Maryland Nutrient Management Manual, Section II-C1, shall be used to determine the potential risk of phosphorus loss due to site characteristics. Low Risk of Potential Phosphorus Loss. If the risk for potential loss of phosphorus from the site is low according to the Phosphorus Site Index, nutrient recommendations by the consultant or certified farm operator may use nitrogen plant needs as the limiting factor. Medium Risk of Potential Phosphorus Loss. Except as provided in §C(2) of this regulation, if the risk for potential loss of phosphorus from the site is medium according to the Phosphorus Site Index, nutrient rates shall be based on nitrogen plant needs as the limiting factor not more than 1 out of every 3 years. Phosphorus rates for the other 2 years shall be limited to the expected amount removed from the field by the planned crop or plant rotation immediately following the phosphorus application, not to exceed two crops, or the amount indicated by soil testing, in accordance with the recommendations described in the Maryland Nutrient Management Manual, Section I-B, whichever is greater. Nutrient recommendations may use nitrogen plant needs as the limiting factor if BMPs are implemented by the operator before or during the application of additional phosphorus that address site or management characteristics which, according to the outcome of a recalculation using the Phosphorus Site Index, reduce the risk of phosphorus loss to low. High Risk of Potential Phosphorus Loss. Except as provided in §D(2) of this regulation, if the risk for potential loss of phosphorus from the site is high according to the Phosphorus Site Index, phosphorus rates shall be limited to the expected amount removed from the field by the planned crop or plant rotation immediately following the phosphorus application, not to exceed two crops, or the amount indicated by soil testing, in accordance with the recommendations described in the Maryland Nutrient Management Manual, Section I-B, whichever is greater. If BMPs are implemented by the operator before or during the application of additional phosphorus that address site or management characteristics which, according to the outcome of a recalculation using the Phosphorus Site Index, reduce the risk of phosphorus loss to medium, nutrient rates may be based on nitrogen plant needs as the limiting factor not more than 1 out of every 3 years. Phosphorus rates for the other 2 years shall be limited to the expected amount removed from the field by the planned crop or plant rotation immediately following the phosphorus application, not to exceed two crops, or the amount indicated by soil testing, in accordance with recommendations described in the Maryland Nutrient Management Manual, Section I-B, whichever is greater. Very High Risk of Potential Phosphorus Loss. Except as provided in §E(2) of this regulation, if the risk for potential loss of phosphorus from the site is very high according to the Phosphorus Site Index, no additional phosphorus may be applied. If BMPs are implemented by the operator before or during the application of additional phosphorus that address site or management characteristics which, according to the outcome of a recalculation using the Phosphorus Site Index, reduce the risk of phosphorus loss to high, recommended rates of application of phosphorus shall be limited to the expected amount removed from the field by the crop or plant harvest, or the amount indicated by soil testing, in accordance with recommendations described in the Maryland Nutrient Management Manual, Section I-B, whichever is greater. The operator shall consider the implementation of management practices and technologies that are effective in lowering the risk of phosphorus loss, based on research and demonstration of the University of Maryland, or other land grant university, or by the United States Department of Agriculture, Natural Resources Conservation Service, National Planning Procedures Handbook and practice standards adopted for Maryland. If the soil sample analysis results indicate a phosphorus fertility index value of 500 or greater, no phosphorus may be applied. Except as provided in §E of this regulation, if the soil sample analysis results show a phosphorus fertility index value of 150 or greater, the Phosphorus Management Tool, as provided in the Maryland Nutrient Management Manual, Section II-C2, shall be used to determine the potential risk of phosphorus loss due to site characteristics. Low Risk of Potential Phosphorus Loss. If the risk for potential loss of phosphorus from the site is low according to the Phosphorus Management Tool, nutrient recommendations by the consultant or certified farm operator may use nitrogen plant needs as the limiting factor. Nutrient applications shall not exceed the amount of phosphorus removed by the planned crop over a 3-year period. Medium Risk of Potential Phosphorus Loss. Except as provided in §C(2) of this regulation, if the risk for potential loss of phosphorus from the site is medium according to the Phosphorus Management Tool, total phosphorus applications related to crops anticipated to be planted in a 3-year period shall not exceed the amount of phosphorus removed by the planned crops over the 3-year period, or the amount indicated by soil testing, in accordance with the recommendations described in the Maryland Nutrient Management Manual, Section I-B, whichever is greater. If BMPs are implemented by the operator before or during the application of additional phosphorus that address site or management characteristics which, according to the outcome of a recalculation using the Phosphorus Management Tool, reduce the risk of phosphorus loss to low, nutrient rates may be established as provided by §B of this regulation. High Risk of Potential Phosphorus Loss. Except as provided in §D(2) of this regulation, if the risk for potential loss of phosphorus from the site is high according to the Phosphorus Management Tool, phosphorus rates shall be limited to the expected amount removed from the field by the planned crop or plant rotation immediately following the phosphorus application, not to exceed two crops, or the amount indicated by soil testing, in accordance with the recommendations described in the Maryland Nutrient Management Manual, Section I-B, whichever is greater. If BMPs are implemented by the operator before or during the application of additional phosphorus that address site or management characteristics which, according to the outcome of a recalculation using the Phosphorus Management Tool, reduce the risk of phosphorus loss to medium, nutrient rates may be established as provided by §C of this regulation. The operator shall consider the implementation of management practices and technologies that are effective in lowering the risk of phosphorus loss based on research and demonstration of the University of Maryland, or other land grant university, or by the United States Department of Agriculture, Natural Resources Conservation Service, National Planning Procedures Handbook and practice standards adopted for Maryland. If the soil sample analysis results indicate a phosphorus fertility index value of 500 or greater, no phosphorus may be applied. Except as provided in §E of this regulation, if the soil sample analysis results show a phosphorus fertility index value of 150 or greater, the Phosphorus Management Tool, as provided in the Maryland Nutrient Management Manual, Section II-C2, shall be used to determine the potential risk of phosphorus loss due to site characteristics. Low Risk of Potential Phosphorus Loss. If the risk for potential loss of phosphorus from the site is low according to the Phosphorus Management Tool, total phosphorus applications related to crops anticipated to be planted in a 3-year period shall not exceed the amount of phosphorus removed by the planned crops over the 3-year period, or the amount indicated by soil testing, in accordance with the recommendations described in the Maryland Nutrient Management Manual, Section I-B, whichever is greater. Medium Risk of Potential Phosphorus Loss. Except as provided in §C(2) of this regulation, if the risk for potential loss of phosphorus from the site is medium according to the Phosphorus Management Tool, total phosphorus applications related to crops anticipated to be planted in a 2-year period shall not exceed the amount of phosphorus removed by the planned crops over the 2-year period, or the amount indicated by soil testing, in accordance with the recommendations described in the Maryland Nutrient Management Manual, Section I-B, whichever is greater. If BMPs are implemented by the operator before or during the application of additional phosphorus that address site or management characteristics which, according to the outcome of a recalculation using the Phosphorus Management Tool, reduce the risk of phosphorus loss to low, nutrient rates may be established as provided by §B of this regulation. High Risk of Potential Phosphorus Loss. Except as provided in §D(3) and (4) of this regulation, if the risk for potential loss of phosphorus from the site is high according to the Phosphorus Management Tool, phosphorus rates shall be limited to 50 percent of the expected amount removed from the field by the planned crop or plant rotation immediately following the phosphorus application, not to exceed two crops, or the amount indicated by soil testing, in accordance with the recommendations described in the Maryland Nutrient Management Manual, Section I-B, whichever is greater. If limits of technology of available application equipment prevent application at 50 percent of the expected amount removed from the field by the crop or plant harvest immediately following the phosphorus application, phosphorus rates shall be limited to the expected amount removed from the field by the crop or plant harvest immediately following the phosphorus application, or the amount indicated by soil testing, in accordance with the recommendations described in the Maryland Nutrient Management Manual, Section I-B, whichever is greater. If BMPs are implemented by the operator before or during the application of additional phosphorus that address site or management characteristics which, according to the outcome of a recalculation using the Phosphorus Management Tool, reduce the risk of phosphorus loss to medium, nutrient rates may be established as provided by §C of this regulation. If the crop to be produced is certified as organic pursuant to the requirements of the federal Organic Foods Production Act, 7 U.S.C. §6501 et seq., including implementing federal regulations, as amended, recommended rates of application of phosphorus shall be limited to the expected amount removed from the field by the planned crop or plant rotation immediately following the phosphorus application, or the amount indicated by soil testing in accordance with recommendations described in the Maryland Nutrient Management Manual, Section I-B, whichever is greater. The operator shall consider the implementation of management practices and technologies that are effective in lowering the risk of phosphorus loss based on research and demonstration of the University of Maryland, or other land grant university, or by the United States Department of Agriculture, Natural Resources Conservation Service, National Planning Procedures Handbook and practice standards adopted for Maryland. If the soil sample analysis results indicate a phosphorus fertility index value of 500 or greater, no phosphorus may be applied. If the soil sample analysis results show a phosphorus fertility index value of 150 or greater, the Phosphorus Management Tool, as provided in the Maryland Nutrient Management Manual, Section II-C2, shall be used to determine the potential risk of phosphorus loss due to site characteristics. Low Risk of Potential Phosphorus Loss. If the risk for potential loss of phosphorus from the site is low according to the Phosphorus Management Tool, total phosphorus applications related to crops anticipated to be planted in a 3-year period shall not exceed the amount of phosphorus removed by the planned crops over the 3-year period. Medium Risk of Potential Phosphorus Loss. Except as provided in §C(2) of this regulation, if the risk for potential loss of phosphorus from the site is medium according to the Phosphorus Management Tool, phosphorus rates shall be limited to the expected amount removed from the field by the crop or plant rotation immediately following the phosphorus application, not to exceed two crops, or the amount indicated by soil testing, in accordance with the recommendations described in the Maryland Nutrient Management Manual, Section I-B , whichever is greater. If BMPs are implemented by the operator before or during the application of additional phosphorus that address site or management characteristics which, according to the outcome of a recalculation using the Phosphorus Management Tool, reduce the risk of phosphorus loss to low, nutrient rates may be established as provided by §B of this regulation. High Risk of Potential Phosphorus Loss. Except as provided in §D(2)—(6) of this regulation, if the risk for potential loss of phosphorus from the site is high according to the Phosphorus Management Tool, no additional phosphorus may be applied. If BMPs are implemented by the operator before or during the application of additional phosphorus that address site or management characteristics which, according to the outcome of a recalculation using the Phosphorus Management Tool, reduce the risk of phosphorus loss to medium, nutrient rates may be established as provided by §C of this regulation. If the crop to be produced is certified as organic pursuant to the requirements of the federal Organic Foods Production Act, 7 U.S.C. §6501 et seq., including implementing federal regulations, as amended, recommended rates of application of phosphorus shall be limited to the expected amount removed from the field by the planned crop or plant rotation immediately following the phosphorus application, not to exceed two crops, or the amount indicated by soil testing in accordance with recommendations described in the Maryland Nutrient Management Manual, Section I-B, whichever is greater. Except when subject to cold and wet growing conditions, crops determined to be deficient in phosphorus, as demonstrated by a representative tissue analysis by an accredited laboratory, may receive an application of phosphorus not to exceed 25 percent of the expected amount removed from the field by the crop or plant harvest immediately following the phosphorus application. Vegetable and tobacco crops with a recommended phosphorus application rate of 40 pounds or more at optimum or excessive fertility levels as provided in the Maryland Nutrient Management Manual, Section I-B, may receive a phosphorus application at planting not to exceed 25 percent of the expected amount removed from the field by the crop or plant harvest immediately following the phosphorus application. Agricultural operations implementing technologies to reduce the phosphorus content of animal manures by at least 75 percent shall limit phosphorus application rates to 50 percent of the expected amount removed from the field by the planned crop or plant rotation immediately following the phosphorus application, not to exceed two crops. The operator shall consider the implementation of management practices and technologies that are effective in lowering the risk of phosphorus loss based on research and demonstration of the University of Maryland, or other land grant university, or by the United States Department of Agriculture, Natural Resources Conservation Service, National Planning Procedures Handbook and practice standards adopted for Maryland. 7-YEAR TRANSITION SCHEDULE* Crop Year** 2016 2017 2018 2019 2020 2021 2022 Average PFIV>450(Tier COperations PSI PSI TM1 TM1 TM2 TM2 PMT Average PFIV 300-450(Tier BOperations PSI PSI PSI TM1 TM2 TM2 PMT Average PFIV 150-299(Tier AOperations PSI PSI PSI PSI TM1 TM2 PMT PSI — Phosphorus Site Index TM1 — Transition Management Phase 1 TM2 — Transition Management Phase 2 PMT — Phosphorus Management Tool *The 7-Year transition period assumes that the Department, in consultation with the Phosphorus Management Tool Transition Advisory Committee does not make any adjustments to the transition schedule as provided for in this chapter. **The term “crop year” means the 1-year period beginning July 1 of the previous year through June 30 of the current year. For example, the 2016 crop year begins on July 1, 2015 and ends on June 30, 2016. Beginning in 2015 and continuing until the Phosphorus Management Tool is fully implemented, there shall be established within the Department, the Phosphorus Management Tool Transition Advisory Committee. The Committee shall be chaired by the Secretary. Its membership may include the following persons: A member of the Senate, appointed by the President; A member of the House of Delegates, appointed by the Speaker; The Secretary of the Environment, or his designee; The Director of the Maryland Environmental Service, or his designee; The Director of the Maryland Energy Administration, or his designee; The University of Maryland, College of Agriculture and Natural Resources; The Chesapeake Bay Commission; Members appointed by the Secretary, including a representative from: 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 purpose of the committee shall be to: Evaluate information relevant to the implementation of the Phosphorus Management Tool including: 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. Recommend to the Secretary strategies to facilitate the effective implementation of the Phosphorus Management Tool; Recommend to the Secretary potential changes to the schedule implementing the Phosphorus Management Tool, as provided for in this chapter; and Identify resources necessary for the effective transition to the Phosphorus Management Tool. The Committee shall meet at least annually at a time determined by the Department. Annual Report. Beginning December 1, 2016 and each year thereafter, until the Phosphorus Management Tool is fully implemented, the Committee shall provide a report to the Governor and the General Assembly. The report shall include: 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. A certified nutrient management consultant or certified farm operator shall prepare, and an operator of container or out-of-ground agricultural production shall conform to the requirements of §§B—H of this regulation, in addition to applicable requirements described in this chapter, when developing and implementing, a nutrient management plan. Plan Elements. A plan shall contain a summary of planned plant production applicable to the site, including: A listing of plants to be grown by name, species, and variety and cultivar or both; however, if more than 20 different kinds of plants are grown, general plant categories may be used, such as herbaceous, deciduous shrub, coniferous evergreen, broadleaf evergreen, or trees; The estimated greatest number of plants, units, or containers that will be in production at any one time during a calendar year and the month this will occur; The estimated percentages of plants, units, or containers in the following container size categories: 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); An inventory, which may include projected changes during the life of the plan, taken by the operator for any purpose within 12 months of completion of the plan, which shall meet the requirements of §B(1), (2), and (3) of this regulation, if the inventory is representative of planned production during the period covered by a nutrient management plan; Total growing area under the plan, which may include projected changes in growing area planned to take place during the life of the plan. Summary of Nutrient Recommendations. A plan shall contain summary information on the total amount of primary nutrients recommended for each calendar year covered by the plan, including: The estimated total amounts of nitrogen, phosphorus, and potash; A listing of all sources of nutrients; The estimated amounts of each source of nutrients to be applied for each quarter of the year; and A listing or description of the application method or methods for each nutrient. Assessment of Environmental Risk. A nutrient management plan shall contain an assessment of the risk of nutrient losses to surface water, using the Environmental Risk Assessment for out-of-ground production provided in the Maryland Nutrient Management Manual, Section II-D. General Management Recommendations. A plan shall contain general recommendations to ensure efficient application of nutrients, including: The calibration of equipment; The timing and application methods for water and nutrients; Management options to maximize the efficient use of water; Any operator management options to reduce nutrient losses; and Any other best management practices that may be applicable as provided in the Maryland Nutrient Management Manual, Section II-E. Specific Management Recommendations. A consultant or certified farm operator shall recommend growing area or section-specific management techniques to improve water use efficiency and minimize nutrient losses, including the following: Grouping plants to improve water and nutrient usage; Monitoring water and nutrient needs of plants; Increasing the percentage of water and nutrients entering the plant root zone; Reducing the amount of leachate or runoff; and Reducing or containing the flow of water from growing areas. Program for Monitoring Runoff. A nutrient management plan shall include recommendations to monitor runoff, as required in Regulation .07C of this chapter, including recommendations on methods, frequency, and locations of monitoring. Plan Maintenance. A plan shall contain information to maintain and update the plan. General comments about plan maintenance may be summarized, but shall include: The length of time the plan is effective, not to exceed 3 years; and Identification of changes in the agricultural operation that would require the original plan to be modified or updated, including a: Change in area managed of 20 percent or greater, or 5 acres, whichever is less, or Substantial change in a production plan or method. Nutrient Recommendations. A certified nutrient management consultant or certified farm operator shall evaluate production cycles and methods and make nutrient recommendations based on at least one of the following: The label recommendations on fertilizer products for the plants being grown or similar plants; The recommendations of the University of Maryland Cooperative Extension for the specific plants being grown or for similar plants; The recommendation from other state universities for the specific plants being grown or for similar plants; The data from research done by accredited universities on the specific plants being grown or similar plants; The general nutrition guidelines for similar plants; or Any generally accepted growing practices for plants under comparable growing conditions. Management Recommendations. A consultant or certified farm operator shall use the Environmental Risk Assessment for out-of-ground production, as provided in the Maryland Nutrient Management Manual, Section II-D, to identify the potential risk to the environment of nutrient movement from out-of-ground growing areas. For growing areas where there is zero or low risk of nutrient movement from the site, recommendations shall be made to maintain this zero or low level of risk. For growing areas where there is medium risk of nutrient movement: 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. For growing areas where there is high risk of nutrient movement: 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. In recommending field or management unit practices to reduce or minimize nutrient losses, a consultant or certified farm operator shall consider the following: The appropriate nutrient application methods; Nutrient application timing; and Any plant nutrient needs. Timing of nutrient application shall be as close to plant nutrient uptake as possible, except in the case of controlled release fertilizer, which may be applied at any time. Recommendations for Monitoring Runoff. Unless an operation is assessed as zero risk for nutrient loss from the site, as provided in the Maryland Nutrient Management Manual, Section II-D, the nutrient management consultant shall recommend a monitoring program, including the following: The periods for monitoring when plant nutrients can reasonably be expected to be available; The locations immediately next to growing areas or areas where runoff or overflow from collection basins enters surface water, municipal stormwater, or drainage inlets; and The frequency of sampling for nutrients: 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. Methods of Sampling and Testing. Samples may be analyzed by the operator or consultant on-site using calibrated electrical conductivity (EC) or nutrient meters. To evaluate the accuracy of on-site test results, at least two samples per year shall be split, with one part being sent to an independent laboratory for analysis. Agriculture Article, §§8-801—8-806, Annotated Code of Maryland Effective date: May 29, 2000 (27:10 Md. R. 967) Regulation .02 amended effective August 5, 2002 (29:15 Md. R. 1143) Regulation .03B amended effective April 16, 2001 (28:7 Md. R. 692) Regulation .04E amended effective April 16, 2001 (28:7 Md. R. 692) Regulation .05 amended effective April 16, 2001 (28:7 Md. R. 692) Regulation .06A amended effective April 16, 2001 (28:7 Md. R. 692) Chapter revised as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); revised permanently effective April 11, 2005 (32:7 Md. R. 684) Regulation .02 amended effective July 31, 2006 (33:15 Md. R. 1282) Chapter revised effective June 8, 2015 (42:11 Md. R. 726) This chapter establishes the eligibility requirements for a person operating an agricultural operation to claim a State income tax credit for additional commercial fertilizer costs due to the agricultural operation's conversion to a phosphorus based nutrient management plan. In this chapter, the following terms have the meanings indicated. Terms Defined. “Agricultural operation” means a business or activity that: 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. “Base year” means the year before the agricultural operation converted to a phosphorus based nutrient management plan. “Commercial fertilizer” means any substance containing a recognized plant nutrient used for its plant nutrient content, and designed for use or claimed to have value in promoting plant growth, except unmanipulated animal and vegetable manure, marl, lime, wood ashes, and gypsum. “Department” means Maryland Department of Agriculture. “Nutrient management plan” or “plan” means a plan prepared in accordance with Department requirements to manage the amount, placement, timing, and application of animal manure, fertilizer, biosolids, or other plant nutrients in order to: Minimize nutrient loss or runoff; and Maintain the productivity of soil when growing agricultural products. A person operating an agricultural operation that incurs additional commercial fertilizer costs due to conversion of nutrient use to meet the requirements of a phosphorus based nutrient management plan is eligible for a State income tax credit under this chapter, if: A nutrient management plan meeting the requirements of COMAR 15.20.08 has been submitted to the Department; The conversion of nutrient use is for the purpose of complying with the requirements set forth in COMAR 15.20.08 for the implementation of nutrient recommendations; Those costs take into account management by the taxpayer of all acreage in their agricultural operation; Those costs are related to the purchase of additional quantities of commercial fertilizer, specialized blends, or formulations, and not due solely to product price increases; and The Department has approved a Certificate of Additional Fertilizer Expense for Income Tax Deduction, indicating the amount of credit that may be claimed. The credit may be taken against the following types of taxes: Personal income tax; or Corporate income tax. The credit may be claimed by the following types of agricultural operations: Sole proprietorships; Corporations; and Pass-through entities, including partnerships, S-corporations, and limited liability companies on behalf of their partners, shareholders, and members, respectively. Allowable Credit. A person operating an agricultural operation who sustains additional, but necessary, commercial fertilizer costs converting to a phosphorus based nutrient management plan, may claim a State income tax credit in an amount equal to 50 percent of these additional costs. Amount Allowed Per Taxable Year. For any taxable year, the maximum credit a person may claim is $4,500. If the credit exceeds the person's liability for the taxable year, the unused credit may be carried forward for up to 5 years. Limited Time Frame. A person may claim the credit allowed under this chapter for up to 3 consecutive years. Credit End Date. A person may not claim credit for any additional costs otherwise allowed under this chapter expended on or after January 1, 2009. To claim a tax credit, a person operating an agricultural operation shall file a Certificate of Additional Fertilizer Expense for Income Tax Deduction. To obtain this certificate, a person shall submit the following to the Department: A signed Departmental form requesting a Certificate of Additional Fertilizer Expense for Income Tax Deduction; The nutrient recommendation summary page of the nutrient management plan; The nutrient management plan reporting form, characterizing the agricultural operation; Information, including copies of receipts, describing commercial fertilizer expenses in the base year; and Information, including copies of receipts, describing commercial fertilizer expenses for the year the tax credit is being claimed. Tax-General Article, §10-704.9, Annotated Code of Maryland Effective date: September 2, 2002 (29:17 Md. R. 1382) This chapter explains the requirements and training applicable to persons who apply nutrients to land that is not used for agricultural purposes. In this chapter, the following terms have the meanings indicated. Terms Defined. “Applicator” means a person who applies any type of nutrient, as defined by this chapter, to any crop, plant, or land intended to be planted. “Department” means the Maryland Department of Agriculture or its designee. “Direct supervision” means the act or process whereby a fertilizer application is made by a trained employee acting under the instructions and control of a certified professional fertilizer applicator who: Is responsible for the actions of that person; and Maintains immediate contact with the trained employee via radio or mobile phone (voice) communication. “Enhanced efficiency fertilizer” means a fertilizer product that increases plant uptake and decreases the potential of nutrient loss to the environment, including gaseous loss, leaching, or runoff, when compared to an appropriate reference fertilizer product. “Fertilizer” or “commercial fertilizer” means a substance containing a recognized plant nutrient used for its plant nutrient content and designed for use, or claimed to have value, in promoting plant growth, except unmanipulated animal and vegetable manure, marl, lime, wood ashes, and gypsum. “Impervious surface” means any structure, surface, or improvement that reduces or prevents absorption of stormwater into land, and includes concrete, asphalt, porous paving, paver blocks, gravel, crushed stone, decks, patios, elevated structures, and other similar structures, surfaces, or improvements. “Label” means the display of all written, printed, or graphic matter on the immediate container or a statement accompanying a commercial fertilizer or soil conditioner. “Land not used for agricultural purposes” means a parcel of land that does not qualify for agricultural use assessment under Tax-Property Article, §8-209, Annotated Code of Maryland. “Lawn patch product” means a premixed blend of grass seed, fertilizer, and mulch. “Licensee” means an entity that holds a business license that is issued by the Department, in accordance with this chapter. “Low phosphorous fertilizer” means fertilizer: 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. “Management unit” means an area of land similar soil types, having similar use and management history, and having similar fertility levels as determined by valid soil tests, and will be managed the same in the future. Natural Organic Fertilizer. “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: Synthetic materials; or Materials that are changed in any physical or chemical manner from their initial state, except by physical manipulation, including drying, cooking, chopping, grinding, shredding, or pelleting. “Non-professional” means any person who applies fertilizer to turf and is not for-hire. “Nutrient” means a fertilizer or any substance used to promote plant growth. “Nutrient content" means the percentage of any primary nutrient, as total nitrogen (N), available phosphate (P2O5), or soluble potash (K2O), in any type or source of plant nutrients. Organic Fertilizer. “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: Synthetic materials; or Materials that are changed in a physical or chemical manner from their initial state. “Person” means the State, any county, municipal corporation, or other political subdivision of the State, or any of their units, or an individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind, or any partnership, firm, association, public or private corporation, or any other entity, unless otherwise provided. “Professional fertilizer applicator” means any person who: Is certified to apply fertilizer in accordance with this chapter; and Applies fertilizer for hire or within the scope of that person’s employment. “Slow-release nitrogen” means nitrogen in a form that: 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. “Soil conditioner” means any substance or mixture of substances intended for sale, offered for sale, or sold for: Manurial, soil enriching, or soil corrective purposes; Promoting or stimulating the growth of plants; Increasing the productivity of plants; Improving the quality of crops; or Producing any chemical or physical change in the soil, except a commercial fertilizer, unmanipulated animal and vegetable manures, agricultural liming material, and gypsum. “Soil conditioner” includes but is not limited to materials such as compost, peat, vermiculite, or perlite that are incorporated into the soil. “Soil test” means a technical analysis of soil conducted by a laboratory using standards recommended by the University of Maryland. “Trained employee” means a person who applies fertilizer under the direct supervision of a certified professional fertilizer applicator. “Turf” means land, including residential property and publicly owned land that is planted in grass, except land that is used in the sale and production of sod, as defined in Agriculture Article, §9-101, Annotated Code of Maryland. “Water-soluble nitrogen” means nitrogen that is readily soluble in water. A person who is paid to apply fertilizer to turf not used for agricultural purposes may not apply fertilizer containing nitrogen or phosphorus to turf unless that person is a certified professional fertilizer applicator, or working under the direct supervision of a professional fertilizer applicator. A person, other than a certified professional fertilizer applicator, a trained employee, or a person who merely markets services for a certified professional fertilizer applicator, may not offer to provide turf fertilization services for compensation. Each business location, agency, golf course, or other location shall employ a certified professional fertilizer applicator when an employee is paid to fertilize. The Department, in consultation with the University of Maryland, shall establish a program to train and certify professional fertilizer applicators. This program shall include training and education in: The proper use and calibration of fertilizer application equipment; The hazards involved in, and the environmental impact of, applying fertilizer, including nutrient pollution to the waters of the State; All applicable State and federal laws, rules, and regulations; The correct interpretation of fertilizer labeling information; and The recommendations developed by the University of Maryland for nutrient management on turf, including the appropriate time to: Apply fertilizer when rain is forecast; and Apply fertilizer when soils are wet and the potential for fertilizer movement off-site exists. Certification. Each applicant for a professional fertilizer applicator certificate shall register with the Department, on a form approved by the Department. Certification Requirements. Each applicant for a professional fertilizer applicator certificate shall; Pay a fee of $100; and Pass an examination given by the Department. Recertification. A certification shall be renewed annually by: Applying to the Department; Annually attending 2 hours of continuing education course or courses approved by the Department, or by reexamination; Paying the recertification fee of $100; and Complying with all other requirements of this chapter. Duration and Renewal. A professional fertilizer applicator certificate is valid beginning January 1, or whenever obtained, until the following December 31. For a certificate due to expire on June 30, 2022, the new expiration date is December 31, 2022. If an application for renewal of a professional fertilizer applicator certificate is received by the Department more than 30 days after the expiration date of the certificate, the applicant is subject to a $30 late fee. An individual who has not renewed the certificate within 12 months of its expiration shall be required by the Department to retake the examination. Each applicant for certification shall pass a written examination given by the Department. Each applicant shall register with the Department at least 1 month before the scheduled examination date. The Department shall give the examination at least once a year. There is a $10 fee for each reexamination. The Department shall publish and maintain a list of all certified professional fertilizer applicators on its website. Each location that employs a person who is paid to fertilize turf shall have a license as provided under §B of this regulation. An applicant for license or renewal of a business license shall: Apply to the Department on a departmental form; Designate an employee who is a certified professional fertilizer applicator; and Pay a $50 fee. Vehicle Identification Requirement. If the business provides turf fertilization services for hire, the business license number, preceded by the letters “MDA,” shall appear on any service vehicle used on a job site. Duration and Renewal. A license is valid beginning January 1, or whenever obtained, until the following December 31. For a license due to expire on June 30, 2022, the new expiration date is December 31, 2022. If an application for renewal of a business license is received by the Department more than 30 days after the expiration date of the license, the applicant is subject to a $30 late fee. Renewals may be issued to licensees provided they have a record of compliance with the requirements of this chapter and continue to employ at least one certified professional fertilizer applicator. Each licensee shall immediately notify the Department in writing if there is a change in business ownership, name, address, phone number, or certified professional fertilizer applicator. The licensee shall annually register with the Department each person who applies fertilizer for hire under the direct supervision of a certified professional applicator. There is a $15 fee for each employee registered. Each trained employee shall receive initial and annual training in fertilizer application as determined by the Department. Each employer shall document the time and dates of required training. Training shall be completed before the employee is registered with the Department. The Department shall issue a registration card to each trained employee. Trained employees shall carry their registration card at all times when fertilizing turf, and shall show the registration card at the request of the Department. Upon termination, the trained employee shall return the identification card to the employer. Registration is valid from January 1, or whenever registered, until the following December 31. For a registration due to expire on June 30, 2022, the new expiration date is December 31, 2022. If an application for renewal of a registration of a trained employee is received by the Department more than 30 days after the expiration date of the registration, the applicant is subject to a $30 late fee. The employer shall notify the Department immediately after the termination of a trained employee, and shall return the registration card to the Department within 15 days. Upon request, the Department may approve the training program of any outside agency, educational institution, or company. A professional fertilizer applicator or trained employee may not: Apply fertilizer intended for use on turf to an impervious surface; or Apply fertilizer containing nitrogen or phosphorus to turf: 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). A professional fertilizer applicator or trained employee may not apply enhanced efficiency fertilizer to turf: At a rate exceeding 2.5 pounds per 1,000 square feet of nitrogen per year; Before March 1 or after November 15 of any calendar year; In excess of 80 percent of the total annual recommended rate of nitrogen established by the University of Maryland Extension (Maryland Nutrient Management Manual I-E1, COMAR 15.20.07.02); and Having a release rate in excess of 0.7 pounds per 1000 square feet of nitrogen per month. Except as specified for enhanced efficiency fertilizer, neither a professional fertilizer applicator, nor a trained employee may apply fertilizer to turf: At an application rate of more than 0.7 pounds per 1000 square feet of water-soluble nitrogen; and At an application rate of more than 0.9 pounds per 1,000 square feet of total nitrogen. Except as provided for in §C(2) of this regulation: A professional fertilizer applicator or trained employee shall apply nitrogen or phosphorus to turf only from March 1 through November 15 of any calendar year; and From November 16 through December 1, a professional fertilizer applicator or a trained employee may apply up to 0.5 pounds per 1,000 square feet of water-soluble nitrogen. Except as provided for in §B of this regulation, a professional fertilizer applicator or trained employee shall obtain a soil test prior to any initial application of P2O5 and prior to any second application of nitrogen to a management unit. A soil test is not required if: The nutrient application is made for the purpose of establishing turf on bare ground; and The nutrient application is made in accordance with the seeding recommendations of the University of Maryland Extension (Maryland Nutrient Management Manual I-E2, COMAR 15.20.07.02): The land has been disturbed such as by construction or tillage; or A lawn patch product is used. If a soil test, that is not more than 3 years old, exists for the property, it shall be used to determine the appropriate P2O5 application. Section B of this regulation does not authorize a professional fertilizer applicator or a trained employee to apply fertilizer containing phosphorus to turf when over seeding without basing the application on the results of a soil test. Any subsequent fertilizer applications to the same management unit shall be based on the results of a soil test. Soil tests are valid for 3 years. The soil test shall be obtained from a laboratory which uses a method that is approved by the University of Maryland for use in Maryland. Soil tests shall be associated with individual properties or management units. The University of Maryland shall identify laboratories that follow the soil testing methods and procedures recommended for use in Maryland. Professional fertilizer applicators must convert the soil test value for phosphorus to the equivalent University of Maryland Fertility Index Value to determine the appropriate University of Maryland Extension recommendation for P2O5 (Maryland Nutrient Management Manual II-B, COMAR 15.20.07.02). Neither a professional fertilizer applicator, nor a trained employee may apply an organic or natural organic fertilizer containing phosphorus to turf unless; A soil test taken not more than 3 years before the application indicates a low or medium level of phosphorus as determined by the equivalent University of Maryland FIV; The fertilizer application rate does not exceed the rate recommended by the University of Maryland Extension (Maryland Nutrient Management Manual I-E1 and I-E2, COMAR 15.20.07.02); and The fertilizer is a low phosphorus fertilizer. Neither a professional fertilizer applicator, nor a trained employee may apply a fertilizer, which is not an organic or natural organic fertilizer, containing phosphorus to turf unless either: The application is made based on the results of a soil test taken not more than 3 years before the application and the application rate does not exceed the rate recommended by the University of Maryland Extension (Maryland Nutrient Management Manual I-E1 and I-E2, COMAR 15.20.07.02); or The application is made for the purpose of establishing turf on bare ground and the application is made in accordance with the seeding recommendations of the University of Maryland Extension (Maryland Nutrient Management Manual I-E2, COMAR 15.20.07.02), and either: The land has been disturbed such as by construction or tillage; or A lawn patch product is used. In determining the amount of nitrogen and phosphorus fertilizer that may be applied, professional fertilizer applicators shall account for the amount of nutrients known to have been applied in any compost, effluent or other organic nutrient sources, or soil conditioners as specified by the Department, and make necessary adjustments to comply with the annual University of Maryland Extension recommendations (Maryland Nutrient Management Manual I-E1 and I-E2, COMAR 15.20.07.02. The records required by this regulation shall be kept in a form approved by the Department. Each licensee shall maintain for 3 years records of each fertilizer, or non-fertilizer nutrient application. The following information shall be recorded, when applicable: Name of applicator; Date of application; Size of the area; Address of the property; Fertilizer analysis; Rate of fertilizer application; Total amount of fertilizer used; and An original or legible copy of the label of the fertilizer used. The records required under this section shall be made available for inspection at the Department’s request. Each licensee shall submit an annual report to the Department on a form designated by the Department. This report shall be submitted by March 1 of each calendar year and information provided will summarize fertilizer applications in the previous calendar year. Failure to submit this report by March 1 may result in the suspension of a business license or professional fertilizer applicator certificate. The Department may impose a civil penalty on a person who violates any provision of Regulations .02—.14 of this chapter. The Department may impose a civil penalty of not more than $1,000 for a first violation, and a civil penalty of not more than $2,000 for each subsequent violation. Each day a violation occurs under this section is a separate violation. The total penalties imposed on a person for violations of this section that result from the same set of facts and circumstances may not exceed $10,000. In assessing a civil penalty imposed under this regulation, the Department shall give consideration to: The willfulness of the violation, the extent to which the existence of the violation was known to the violator, but uncorrected by the violator, and the extent to which the violator exercised reasonable care; Any actual harm to human health or to the environment, including injury to, or impairment of, the use of the waters of this State or the natural resources of this State; The cost of control; The nature and degree of injury to, or interference with, general welfare, health, and property; The extent to which the location of the violation, including location near areas of human population, creates the potential for harm to the environment or to human health and safety; 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 violator. A person aggrieved by any decision of the Department over the assessment of a civil penalty imposed under this chapter may appeal under Agriculture Article, §2-405, Annotated Code of Maryland. Unless a stay has been granted, a person against whom a civil penalty has been imposed under this regulation shall promptly pay the penalty to the Department. A non-professional fertilizer applicator may not; Apply fertilizer intended for use on turf to an impervious surface; Apply fertilizer containing nitrogen or phosphorus to turf: 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. A non-professional fertilizer applicator may not apply enhanced efficiency fertilizer to turf: At a rate exceeding 2.5 pounds per 1,000 square feet of nitrogen per year; In excess of 80 percent of the total annual recommended rate of nitrogen established by the University of Maryland Extension (Maryland Nutrient Management Manual I-E1 and I-E2, COMAR 15.20.07.02); That has a release rate in excess of 0.7 pounds per 1,000 square feet per month of nitrogen; or Before March 1 or after November 15 of any calendar year. Except as specified in §B of this regulation, for enhanced efficiency fertilizer, a non-professional fertilizer applicator may not apply fertilizer to turf: At an application rate of more than 0.7 pounds per 1,000 square feet of water-soluble nitrogen; At an application rate of more than 0.9 pounds per 1,000 square feet of total nitrogen; That contains less than 20 percent slow-release nitrogen; or In an amount that is inconsistent with the annual recommended rate established by the University of Maryland Extension (Maryland Nutrient Management Manual I-E1 and I-E2, COMAR 15.20.07.02). Phosphorus Restrictions. A non-professional fertilizer applicator may not apply a fertilizer containing phosphorus to turf unless either: The application is made based on the results of a soil test taken not more than 3 years before the application, and the application rate does not exceed the rate recommended by the University of Maryland Extension (Maryland Nutrient Management Manual I-E1 and I-E2, COMAR 15.20.07.02); or The application is made for the purpose of establishing turf on bare ground, and the application is made in accordance with the seeding recommendations of the University of Maryland Extension (Maryland Nutrient Management Manual I-E2, COMAR 15.20.07.02) and either: The land has been disturbed such as by construction or tillage; or A lawn patch product is used. Counties, municipalities, or other political subdivisions of the State may enforce this regulation. Educational institutions and researchers may apply to the Department for an exemption to these regulations for research, education, and demonstration purposes. Agriculture Article, §§8-801—8-806, Annotated Code of Maryland Effective date: Regulations .04 and .06 under new Chapter, Fertilizer Application Requirements for Land Not Used for Agricultural Purposes, adopted effective May 13, 2013 (40:9 Md. R. 789) Regulations .01—.03 adopted effective October 28, 2013 (40:21 Md. R. 1780) Regulations .05 adopted effective October 28, 2013 (40:21 Md. R. 1780) Regulations .05D amended effective May 16, 2022 (49:10 Md. R. 562) Regulations .07 adopted effective October 28, 2013 (40:21 Md. R. 1780) Regulations .07D amended effective May 16, 2022 (49:10 Md. R. 562) Regulations .08 adopted effective October 28, 2013 (40:21 Md. R. 1780) Regulations .08F amended effective May 16, 2022 (49:10 Md. R. 562) Regulations 09—.17 adopted effective October 28, 2013 (40:21 Md. R. 1780) This chapter establishes the requirements and standards to be met for agricultural operations to achieve voluntary certification under the Maryland Agricultural Certainty Program and the privileges and responsibilities that arise through certification. The purpose of the Program is to accelerate the implementation of best management practices to meet State agricultural nitrogen, phosphorus, and sediment reduction goals. This chapter also establishes a program for certifying professionals qualified to review and evaluate agricultural operations that apply or are enrolled in the Program. In this chapter, the following terms have the meanings indicated. Terms Defined. “Agricultural Certainty”, “Certainty”, or “Program” means the Maryland Agricultural Certainty Program. “Agricultural operation” or “operation” means a business or activity where a person 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, or other culture. “Agricultural sources of nitrogen, phosphorus, or sediment” means sources of nitrogen, phosphorus, or sediment that originate from an agricultural operation’s land or animals. This does not include sources of nitrogen, phosphorus, or sediment that originate from residential, municipal, industrial, or a commercial activity. “Best management practice” or “BMP” means a conservation or pollution control practice that manages soil loss due to farming practices or manages animal wastes or agricultural chemicals so as to minimize movement of nitrogen, phosphorus, and sediment into waters of the State. “Certainty agreement” means a written agreement between the owner or operator of an agricultural operation and the Department, as provided under this chapter. “Certified verifier” means an individual certified by the Department under this chapter to review, inspect, and evaluate conditions, records, and management of an operation for purposes of qualifying for and maintaining compliance with the Maryland Agricultural Certainty Program. “Department” or “MDA” means Maryland Department of Agriculture. “Department of the Environment” or “MDE” means the Maryland Department of the Environment. “Farm parcel” means agricultural land that is separately described by deed or tax parcel. “Holds an interest” means a person who: 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. “Interfamily transfer” means a transfer of ownership or management of an operation between or among individuals who have a familial relationship including parent, spouse, child, sibling, grandchild, grandparent, step-parent, step-child, step-sibling, step-grandchild, or step-grandparent. “Maryland Nutrient Tracking Tool” or “MNTT” means a Department-approved online platform with a performance-based calculation component that enables users to analyze agricultural parcels and their management to determine baseline compliance with the more stringent of the nutrient loading baselines outlined in either the Chesapeake Bay Total Maximum Daily Load (TMDL) for each watershed or the local TMDL that has been adopted for an impaired water body including Watershed Implementation Plan goals and any other nitrogen, phosphorus, and sediment control requirements. Through site- and operation-specific data inputs, the calculation component can generate multiple management scenarios and compute the nutrient reductions achieved by the application of agricultural best management practices. “Nutrient management plan” or “NMP” means a plan that complies with the requirements of COMAR 15.20.07 and 15.20.08 that is prepared by a certified nutrient management consultant to manage the amount, placement, timing, and application of manure, fertilizer, biosolids, or other plant nutrients in order to: Minimize nutrient loss or runoff; and Maintain the productivity of soil when growing agricultural products. “Person” means the State, any county, municipal corporation, or other political subdivision of the State, or any of their units, or an individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind, or any partnership, firm, association, public or private corporation, or any other entity, unless otherwise provided. “Soil conservation and water quality plan” or “SCWQP” means a farm plan approved by a local soil conservation district to minimize soil erosion and to minimize the movement of sediment, animal waste, nutrients, or agricultural chemicals into waters of the State. “Total maximum daily load” or “TMDL” means an estimate set in accordance with Clean Water Act requirements which establishes the amount of a particular pollutant, in this case nitrogen, phosphorus, or sediment inputs, that a water body can assimilate and still meet water quality standards. “Watershed Implementation Plan” or “WIP” means a plan required by the U.S. Environmental Protection Agency for achieving the pollution reduction goals and allocations necessary in implementing the Chesapeake Bay TMDL. Except as provided by this regulation, a person who operates an operation is eligible to apply for the Program. An application for agricultural certainty shall include a farm parcel in its entirety but need not include all farms or farm parcels under the management of a person. An operation or a part of an operation defined as a concentrated animal feeding operation (CAFO) in COMAR 26.08.01.01B or any operation in the process of applying for a CAFO permit is not eligible for certification under the Program. A person who applies for certification for an operation shall submit to the Department the following: An application on a Department form that includes a farm parcel in its entirety but need not include all farm parcels under the applicant’s management; Documentation from the local soil conservation district that the current SCWQP for the operation is fully implemented to address all soil conservation and water quality issues; A map identifying the location and boundaries of the operation showing field identification numbers and location of BMPs; A current NMP that is fully implemented and is developed for the operation in accordance with regulations adopted by the Department; and A report from a certified verifier engaged by the applicant that contains the information specified in §B of this regulation. A certified verifier who complies with §C of this regulation and is engaged by the owner or operator of an operation to prepare a certified report in support of an application under §A of this regulation shall: Inspect the operation before making the report; Review all relevant records, including but not limited to those provided in §A of this regulation; and Prepare a report on a Department form, supplemented by the verifier, that confirms the following: 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. A person who holds an interest in an operation may not act as a certified verifier for that operation. Prior to approving an application for certification under the Program, the Department: Shall review the application and information submitted to assure that it is complete, true, and accurate and notify the applicant of any deficiencies; Shall notify MDE by providing a copy of the application or any portion of the application as requested by MDE, after receipt of which MDE shall advise the Department if: 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: MDE approves the operation, if the operation holds or has applied for a permit from MDE, for participation in the Program; or Any conditions are required to be satisfied by the operation, if the operation holds or has applied for a permit from MDE, before MDE would approve the operation for participation in the Program; Shall determine the compliance status of the operation and applicant with all the Department’s laws, regulations, and permit conditions applicable to nitrogen, phosphorus, and sediment; Shall review information submitted by the certified verifier to assure that it meets the requirements set forth in this chapter; May inspect the operation, with the verifier if requested by the Department, and request records pertaining to the SCWQP, NMP or management otherwise related to addressing nitrogen, phosphorus, and sediment issues on the operation in order to verify the application; and Shall retain as required by law the application, information, and records in a manner that protects its confidentiality prior to certification and retain all records and information in a manner that protects the identity of the person applying in perpetuity. A certification may be approved if the Department determines that an operation: Meets the laws, regulations, rules, and permit conditions applicable to the operation at the time of certification; Has no outstanding conditions resulting in movement of nitrogen, phosphorus, or sediment that impacts water quality; Receives approval from MDE if the operation is permitted or has an application submitted to be permitted by MDE; Is managed under a current SCWQP that fully implements BMPs to address all nitrogen, phosphorus, and sediment runoff on the operation; Manages fertility using a current NMP fully implemented in accordance with COMAR 15.20.07 and 15.20.08; Is in compliance with all State and federal laws, regulations, and permit conditions related to agricultural sources of nitrogen, phosphorus, and sediment on the operation; Meets the agricultural nitrogen, phosphorus, and sediment reduction thresholds required for achieving the local and Chesapeake Bay TMDLs approved by the U.S. Environmental Protection Agency at the time of certification as determined by MNTT; and Enters into the Certainty agreement required under §F of this regulation. The person responsible for the management of an operation approved for the Program shall enter into a Certainty agreement with the Department identifying requirements for maintaining the certification including: Continued compliance with applicable local, State, and federal laws, regulations, and permit requirements pertaining to nitrogen, phosphorus, and sediment control; Maintenance and full implementation of a current NMP; Maintenance of BMPs that address nitrogen, phosphorus, and sediment control, and are part of the SCWQP and any other BMPs necessary to achieve certification; Meeting record-keeping and annual reporting requirements; Agreeing to site reviews and inspection of records at least once every 3 years to verify current conditions on the operation and compliance with certification requirements and recognizing that the Department reserves the right to inspect more frequently if it determines a need; Agreeing to notify the Department no later than 60 days prior to any change in the owner or operator; Agreeing to notify the Department as soon as practicable, but in any case no later than 60 days after the occurrence of any condition or event which would impact the certification under the Program, including but not limited to property title transfers or changes in the operation, pursuant to Regulation .05A(2) of this chapter, that result in or increase nitrogen, phosphorus, or sediment runoff or change adherence to TMDL baseload; and Agreeing to address within a time frame established by the Department, after concurrence by MDE, any nitrogen, phosphorus, or sediment runoff problem arising on a certified operation during the certification period through no fault of the operator. Unless suspended or revoked, a certification remains in effect for a 10-year period following approval by the Department if: The operation remains in compliance with the Certainty agreement set forth in Regulation .04F of this chapter and all other requirements of the Program under this chapter; and There are no changes to the operation, including no change in the: 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. An operator who has any of the changes identified in Regulation .04F(7) or Regulation .05A(2) of this chapter shall notify the Department within 60 days and: Execute an agreement with the Department to bring the operation into compliance to meet certification requirements; Reapply for certification; and Terminate the Certainty agreement. For changes in the operation that would not result in suspension of certification under this chapter, including rotation of crops, implementation of additional BMPs, or other changes that receive prior approval by MDA provided they do not exceed the allowable TMDL threshold for the operation, MDA may: Approve changes not deemed significant; and Require documentation be provided by a new MNTT analysis verifying TMDL thresholds continue to be met. When nitrogen, phosphorus, or sediment runoff conditions arise as a result of natural causes, such as severe weather events, which are not within the control of the operator of the operation: The certification holder shall provide notice within 60 days to the Department describing the condition; The Department will coordinate a site inspection with MDE and may assign a certified verifier to conduct a site inspection; and Following a Department review, the Department, with concurrence from MDE, shall: 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. Following the site inspection that takes place nearest to year 9 during the 10-year certification period, the operator shall take steps to address compliance issues with any new local, State, or federal law, regulation, or requirement that took effect during the Certainty agreement period. After each review conducted at the direction of MDA under Regulation .06D of this chapter, the certified verifier shall list on a Department form and orally explain to the certification holder any current or proposed laws that will require changes to the operation before the 10-year completion of the Program. At the expiration of the certification, an operation shall be in compliance with all laws, regulations, or permit requirements relating to nitrogen, phosphorus, and sediment runoff control that are in effect at that time. An operation certified under Regulation .04 of this chapter may apply and qualify for recertification if: The application and information required under Regulation .04A of this chapter reflect current conditions as submitted to the Department; All the requirements in Regulation .04 of this chapter are met; and MDE approves the recertification if an operation is permitted or has a permit pending with MDE. An operation that is certified: Except as provided in §I(2) and (3) of this regulation, is not subject during its 10-year certification period to local and State laws, regulations, or requirements enacted or adopted after the date of certification that require the reduction of agricultural sources of nitrogen, phosphorus, or sediment runoff to meet the Chesapeake Bay TMDL, including requirements of the WIP, local TMDLs, or other water quality requirements for managing agricultural sources of nitrogen, phosphorus, or sediment; Is not protected from enforcement or corrective actions related to water quality impacts or violations; and Is not protected from the application or enforcement of any other laws, regulations or permits, including the following: 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. The applicant shall employ a certified verifier who does not hold an interest in the agricultural operation, as defined by this chapter, in order to apply to the Program. A certified verifier shall provide the following to the Department for the applicant’s application: Information as required on a Department form; A map delineating the boundaries of the operation and showing field identification numbers and locations of BMPs on site; and Information following an inspection and review of records for an operation applying for a Certainty agreement including: Review of the NMP and documentation of any outstanding issues; Review of the SCWQP and documentation that it: Is fully implemented to address nitrogen, phosphorus, and sediment runoff; or Fails to address any conditions causing movement of nitrogen, phosphorus, and sediment that are impacting water quality; 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. As required by law, the verifier shall keep confidential information that is collected and submitted to the Department as a result of the verification for the Certainty certification. Reviews. The Department shall schedule site reviews and inspection of records at least once every 3 years for each certified operation under the Program to verify current conditions on the operation and compliance with Certainty agreement requirements. The Department shall notify MDE of operations that are to have site reviews conducted and provide copies of the verifier’s report of interim site reviews. The Department shall assign a certified verifier who: 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. Certified verifiers assigned by the Department to conduct interim inspections and reviews shall: 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. Information collected and submitted as a result of the inspection shall be maintained by the verifier and the Department, as required by law, in a manner that protects the identity of the person who holds the certification for the operation. An operator shall receive a copy of the report prepared by the verifier conducting a review and inspection of records within 30 days and: 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. The Department may conduct an investigation that may include additional inspections to determine the actual condition and management of the operation. Documentation Required by Verifiers. The certified verifier shall provide a certified report within 30 days of the interim site review and inspection to the Department as required on a Department form that includes: 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: A review of the SCWQP and documentation that it is implemented and that it addresses all nitrogen, phosphorus, and sediment runoff issues; or A documentation of site evaluation and any nitrogen, phosphorus, and sediment runoff issues that are outstanding or require correction, including necessary BMP maintenance. At each review the certified verifier shall provide the operator of the operation with information concerning any applicable new laws, regulations, or requirements that have become effective since the operation’s Certainty agreement and that will need to be addressed at the end of the 10-year Certainty agreement period. Department Certainty Agreement Compliance Requirements. The Department shall determine whether an operation is in compliance with all State water quality programs in effect when the Certainty agreement was signed pertaining to nitrogen, phosphorus, and sediment, and review information submitted from the verifier to ascertain compliance with the Certainty agreement. The Department shall notify and provide information received from the verifier to MDE. MDE may seek additional information to assure compliance with laws, regulations, permits, or other requirements administered by MDE, including a site visit if needed and in coordination with the Department. The Department may take the following actions based on the outcome of any inspections or the report of the verifier: 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: Occurred through any fault of the operator; and Can be corrected in a timely manner under a written agreement with the operator; or Address any failure to comply with any of the conditions described in Regulation .04E of this chapter or in the Certainty agreement as follows: Provide a time frame for the operator to come into compliance as a condition of retaining any existing Certainty agreement; Require the operator to apply for a new Certainty certification without penalty when changes to the operation have occurred; or After an opportunity for a hearing, revoke or suspend the certification. An individual may not be certified or act as a certified verifier as provided by this chapter unless the individual meets the following requirements to be established by the Department: Education and experience; Training; and Continuing education. The Department may certify a verifier who meets the following eligibility requirements: Has 3 or more years experience developing SCWQPs or qualifies as a U.S. Department of Agriculture, Natural Resource Conservation Service, Conservation Planner level II; Is certified in Maryland to prepare NMPs; and Is certified in the use of the MNTT. A verifier may remain certified only by completing at least 6 hours of Department approved training within the first year, and 12 hours thereafter for each 3-year certification period, as well as completing a training session on the use of any modified version of the MNTT within 6 months of the modification. A person who manages an operation certified under the Program shall submit annually to the Department on or before March 1, information for the previous calendar year, as follows: A Department reporting form that includes the person’s signed certification that the operation has been managed in accordance with the Certainty agreement and will continue to be so managed during the upcoming calendar year; Current NMP records including soil analysis within the last 3 years for land receiving nutrients, fertility recommendations for crops produced, nutrients applied by source and crop type, and a map identifying the location and boundaries of the operation showing field identification numbers and location of BMPs; and SCWQP records related to implementation of any additional BMPs during the reporting period. A person who operates an operation certified under the Program shall keep the following records: All NMPs and records used to manage soil fertility during the certification period and for 3 years following the termination of any certification; and The SCWQP for the operation and any updates, information, or documentation that addresses plan implementation or installation of additional BMPs during the certification period and for 3 years following the termination of any certification. Public Access to Program Information. As required by law all records concerning any agricultural operation shall be maintained by the Department and shall be made available for public review, in a manner that provides the greatest public disclosure of records and information, after the Department redacts records to protect the identity of the person to whom the record or information relates. The Maryland Public Information Act applies to any request for records. Annual Reporting. The Department shall submit an annual report to the Governor, the Senate Education, Health, and Environmental Affairs Committee, and the House Environmental Matters Committee on or before December 31, beginning in 2014. The annual report shall include: 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. Certification of Operations. After the opportunity for a hearing, the Department may deny, suspend, or revoke the certification of any person who: 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 Department shall give notice and hold hearings in accordance with the Administrative Procedure Act. The Department may consider the following when assessing whether suspension or revocation is warranted: 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. Certification of Verifiers. After the opportunity for a hearing, the Department may deny, suspend, or revoke the certification of any verifier who: 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 Department shall give notice and an opportunity to be heard in accordance with the Administrative Procedure Act. The Department may consider the following when assessing whether suspension or revocation is warranted: 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. There is an Agricultural Certainty Oversight Committee. The responsibility of the Oversight Committee includes: Assisting in the development of regulations that govern the Program; Monitoring and providing oversight on the development and implementation of policies and standards relating to the Program; Evaluating performance of the Program and making recommendations for improvements to the Program based on information provided by the Department; and Reviewing the draft annual report and other information to make recommendations. The Oversight Committee meets when necessary to provide recommendations for developing regulations for the Program and thereafter a minimum of once a year to carry out its responsibilities. Agriculture Article, §§8-1001—8-1013, Annotated Code of Maryland Effective date: January 5, 2015 (41:26 Md. R. 1571) This chapter establishes the requirements and standards for the generation and certification of nonpoint source nutrient and sediment credits on agricultural land under the Agricultural Nutrient and Sediment Credit Certification Program. The purpose of the Program is to reduce the amount of nitrogen, phosphorus, and sediment entering the Chesapeake Bay and its tributaries through support of a form of water quality trading utilizing a market-based strategy. This chapter also establishes the protocols for approving professionals qualified to evaluate and review agricultural operations for eligibility and compliance with the Program. In this chapter, the following terms have the meanings indicated. Terms Defined. “Aggregator” or “Broker” means a person who collects and compiles credits from individual agricultural non-point sources to resell them. “Agronomic Practice” means an annual crop or soil practice that reduces or minimizes nutrient or sediment loss. Examples include but are not limited to cover crops, conservation tillage, reductions in nitrogen fertilizer application, and precision agriculture. “Agricultural Land” or “Farm” means a parcel of land which has an Agricultural Use Assessment as determined by the Department of Assessments and Taxation. “Agricultural operation” or “Operation” means a business or activity where a person tills, crops, keeps, pastures, or produces an agricultural product, including but not limited to livestock, poultry, plants, trees, sod, food, feed or fiber by in ground, out-of-ground, or other culture. “Animal Waste Management System Plan” means a plan developed and approved by a local soil conservation district to identify and address the management of animal waste generated on an agricultural operation, including operation and maintenance guidelines. “Baseline” means the level of nutrient and sediment reduction, expressed as an annual nitrogen, phosphorus, or sediment per-acre loading rate that an agricultural nonpoint source seller’s operation is required to achieve before the seller becomes eligible to enter the trading market and sell credits. “Best Management Practice” or “BMP” means an agronomic, conservation, or pollution control practice, installation, or structure that manages soil loss, nutrients, animal wastes, or agricultural chemicals so as to minimize their movement into the waters of the State. “Category 1 Practice” means a BMP as determined by the Department and approved by the Chesapeake Bay Program Partnership that is currently in widespread use, with fully documented installation and maintenance specifications and well-established and understood nutrient and sediment removal efficiencies. “Category 2 Practice” means a BMP that is currently in use and is acceptable by the Department but nutrient removal efficiencies are not well established, or a practice required by state regulation. “Category 3 Practice” means a new or innovative technology or practice as determined by the Department that is not in widespread use and for which no recognized nutrient removal efficiency exists. “Credit” means a pollution reduction credit or the unit of trade that is equal to one pound of nitrogen, phosphorus, or sediment delivered to a specified location per year. “Department” means the Maryland Department of Agriculture. “Land Conversion Practices” means a change in management on an agricultural operation that involves a shift to less nutrient-intensive agricultural land use, including but not limited to the installation of forest or grass buffers, the retirement of highly erodible lands, or the switch to alternative or perennial crops. “Maryland Nutrient Tracking Tool” or “MNTT” means a Department approved online performance-based calculation platform that enables users to analyze agricultural parcels and their management to determine eligibility and credit generation potential for participation in the Program. “Nonpoint Source” means a source of pollution that is not from a single point of origin or from a specific outlet. Nonpoint source pollution generally results from land runoff, precipitation, atmospheric deposition, drainage, seepage, or hydrologic modification. “Nutrient and Sediment Credit Certification Program” or “Program” means the program established under this Chapter giving the Maryland Department of Agriculture the authority to certify, verify, and register agricultural nonpoint source nutrient and sediment credits in support of market-based trading activities to fund agricultural practices that enhance water or air quality or both by further reducing nutrient or sediment runoff, movement, or emissions below baseline. “Nutrient Management Plan” or “NMP” means a plan that complies with the requirements of COMAR 15.20.07 and 15.20.08 that is prepared by a certified nutrient management consultant to manage the amount, placement, timing, and application of manure, fertilizer, biosolids, or other plant nutrients in order to: Minimize nutrient loss or runoff; and Maintain the productivity of soil when growing agricultural products. “Nutrient or Sediment Reduction” means the difference between the nutrient and sediment loads delivered to a specified location achieved by implementation of best management practices and the current load after meeting eligibility requirements. “Operator” means a person who is the owner of an agricultural operation or a lessee who has the owner’s expressed consent to operate or manage an agricultural operation. “Person” means the State, any county, municipal corporation, or other political subdivision of the State, or any of their units, or an individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind, or any partnership, firm, association, public or private corporation, or any other entity, unless otherwise provided. “Soil Conservation and Water Quality Plan” or “SCWQP” means a farm plan approved by a local soil conservation district to minimize soil erosion and to minimize the movement of sediment, animal waste, nutrients, or agricultural chemicals into waters of the State. “Structural Practice” means a practice acceptable by the Department that reduces or minimizes nutrient or sediment loss through the installation or construction of physical edifices, barriers, or systems to trap, block, or filter pollutants, including but not limited to manure sheds, fencing, grassed waterways, and constructed wetlands. “Total Maximum Daily Load” or “TMDL” means the amount of a particular pollutant, in this case nitrogen, phosphorus, or sediment inputs, that a water body can assimilate and still meet water quality standards. “Watershed Implementation Plan” or “WIP” means the plan developed by a jurisdiction showing how the jurisdiction, in partnership with federal and local governments, will achieve and maintain the pollution reduction goals and allocations necessary in implementing the Chesapeake Bay TMDL. Except as provided by this regulation, the following persons are eligible to have credits certified by the Department in support of nutrient and sediment trading activities: An owner or lessee, with owner’s consent, who operates an agricultural operation and who demonstrates that: The agricultural management and BMPs implemented on the operation enables that operation to meet baseline requirements pursuant to Regulation .04 of this chapter; A current Nutrient Management Plan is being implemented in accordance with COMAR 15.20.07 and 15.20.08; A SCWQP has been developed and approved for the agricultural operation and all implemented BMPs are documented, operated, and maintained in accordance with the SCWQP; An adequate manure storage and runoff system is maintained as required in an Animal Waste Management System Plan, or in the case of a Confined Animal Feeding Operation, a Comprehensive Nutrient Management Plan or SCWQP and NMP as required by permit; The lessee has been granted authority for control of the land for the term of the credit certification; and The operation is in compliance with all applicable local, State, and federal laws, regulations, and programs. A broker or an aggregator, as defined by this chapter, who provides proof of the following to the Department: Demonstration of permission by the credit generator to submit for certification and sell nutrient and sediment credits; and Demonstration that the credit generator meets all requirements as provided by this chapter. Any person engaged in reducing impacts of agricultural nutrients or sediment to the environment and who provides proof of the following to the Department: Demonstration of permission by the landowner to conduct nutrient or sediment removal activities; and Demonstration that the credit generator is conducting nutrient or sediment removal activities in accordance with applicable local, state, and federal laws, regulations, and programs. A person may not generate nutrient or sediment credits, unless that person’s agricultural operation meets a baseline level of nutrient or sediment reduction which is the more stringent of either the applicable Chesapeake Bay or local TMDL as calculated on the entire farm in aggregate using the MNTT analysis. A person may meet the baseline nutrient reduction requirement by using only the following: Current agronomic practices, including cropping rotation as documented in the operation’s current NMP and SCWQP; and Existing operator adopted or installed structural or other BMPs; or Existing structural or other BMPs implemented with federal, State, or private cost-share assistance. If the provisions of §B of this regulation are met, agricultural nutrient and sediment credits may be generated from any of the following improvements that the Department determines will provide additional reductions in the discharge of farm nutrients and/or sediment: Existing or planned agronomic practices; Land conversion practices; or Installation of structural practices. Acceptable practices shall be consistent with the following: The practice does not result in the idling of whole or substantial portions of productive farmland to provide nutrient credits as determined by the Department after considering location, soil type, slope, and potential soil loss or erodibility; The practice is approved by a local soil conservation district but was not implemented using state or federal cost-share monies, or private cost-share monies identified by the Department, and is currently maintained by the owner/operator at his own expense; or The practice was implemented through a state or federal cost-share program, or a mitigation banking program, or with private cost-share monies identified by the Department, but has exceeded its specified lifespan as determined under the cost-share contract and is deemed by the Department as now being properly maintained by the owner/operator at his own expense. Credits generated on the agricultural operation will be calculated by the Department as follows: Category 1 Practices will be calculated using the MNTT. Category 2 Practices require review by an independent technical panel established by the Department to ascertain the appropriate nutrient and sediment removal efficiencies and determine effectiveness estimates. Category 3 Practices, together with specifications for installation, operation, maintenance, and monitoring, require scientific analysis and technical review by an independent technical panel established by the Department to evaluate nutrient and sediment removal efficiencies and determine best practice definitions and effectiveness estimates. A practice may only generate credits when it is installed or placed into operation and all appropriate operation and maintenance guidelines are being followed. The Department shall consider the total estimated annual credits generated from any practice installed and given final certification within a given year to be generated the following year starting January 1. Credits may be certified for more than 1 year but shall only be applied annually. The Department shall include the number of years a credit is valid as part of the credit registration. A person who applies to the Department for approval of agricultural nonpoint source nutrient or sediment credits shall: Complete and sign a Certification and Registration Form provided by the Department and furnish a copy of the Farm Summary Worksheet generated by MNTT; Provide a copy of the current NMP; and Provide a copy of the current SCWQP with a map identifying the location and boundaries of the operation and showing field identification numbers, field acreage, and the location of BMPs, together with the specifics of any credit generation proposal. The Department shall review each application to determine the following: That the baseline requirements are met as provided in this chapter; That all credit generating improvements qualify for certification; That both the landowner and the operator have consented in writing to all of the requirements under this chapter, including but not limited to inspection or suspension or revocation of credits by the Department and the waiver of confidentiality for any information the operation submits to the Department, including but not limited to the operator’s NMP and SCWQP; That all legal and regulatory compliance requirements are met; and That credit calculations and all other information are correct and that the applicant has complied with all the requirements of this chapter. The Department or its designee shall visit any farm operation to verify the baseline requirements and that the applicant’s credit generation proposal is effective and appropriate in reducing the discharge of nutrients or sediment from the farm. In addition, credits certified pending implementation of a BMP or other improvement are subject to further inspection to verify that the proposed generating practice is in place and functioning correctly. Proposals for improvements for generating credits will be reviewed by the Department and may include requirements for demonstration projects, the collection of sufficient data to evaluate results, and any other information needed to determine the validity of the credits. In some cases, development of the specifications and certification of the credits could be a multi-year process. The Department may issue a pre-certification of credits based on pending implementation of the proposed improvements. The Department shall only certify credits once the practice or practices generating those credits are installed and fully operational. Upon approval and verification of any application for agricultural nutrient and sediment credits, the Department shall assign each credit a unique registration number and provide for their registration on the Department’s online trading registry. The Department shall document the basis for denying an application and provide this information in writing to the applicant. As required by law, all records concerning the certification of credits shall be maintained by the Department and shall be made available for public review in accordance with requests made under the Maryland Public Information Act. All trades involving agricultural credits certified by the Department require, at minimum, annual credit verification and reporting. Inspections will be scheduled as appropriate to practice type. A person who buys certified credits shall employ a Department-approved verifier who does not hold an interest in the agricultural operation generating the credits or was not involved in the original application or qualification of the credits. Following the site visit to the agricultural operation, the verifier shall provide the following to the Department: Information as required on a Verification Report form; and Information following an inspection and review of the records for the agricultural operation including: Review of the current NMP and documentation that it continues to be implemented in accordance with COMAR 15.20.07 and 15.20.08; Review of the current SCWQP and documentation that it continues to be implemented and addresses all nitrogen, phosphorus, and sediment runoff and emission issues as specified; Documentation that the agricultural management and BMPs implemented continue to meet baseline compliance and that all credit generating practices continue to be operated and maintained in accordance with the terms of the trading contract and the requirements of this chapter; and Confirmation that no deficiencies exist and no corrective measures are needed or a detailed description of deficiencies and required corrective actions. The Department, Maryland Department of the Environment, the buyer and the seller, and the owner or operator shall receive a copy of the report prepared by the verifier conducting any inspection and records review within 30 days of the site visit. The Department may issue a corrective action order which allows a time period for repairs or other remedies to bring any deficiencies into compliance. The Department may require additional inspections and written substantiations that corrective measures have been taken. Any such action or actions by the Department does not preclude the Maryland Department of the Environment from exercising its authority when agricultural credits are incorporated into issued discharge permits. Within 30 days of receiving a copy of the report, an owner or operator may dispute information in the report that owner or operator believes is in error or does not accurately represent the condition or management of the operation and may address these concerns in writing to the Department with a copy the to the verifier. The Department shall schedule site inspections and records reviews on at least 10 percent of all traded credits annually. The Department shall assign an approved verifier who: Meets qualifications provided in Regulation .10 of this chapter; does not hold an interest in the agricultural operation generating certified credits; Does not hold an interest in the agricultural operation generating certified credits; and Is not the same individual who conducted either the assessment or verification of the operation at the time of application. Verifiers assigned by the Department to conduct interim inspections and reviews shall: 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. An owner or operator and all other affected parties shall receive a copy of the report prepared by the verifier conducting the inspection and review of the records within 30 days of the site visit; An owner or operator 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 these concerns in writing with the Department and copy the verifier within 30 days of receiving a copy of the report. The Department may conduct an investigation that may include additional inspections to determine the actual condition and management of the operation. An individual may not be approved to act as a verifier as provided by this chapter unless the individual meets the following requirements to be established by the Department: Education and experience; Training; and Continuing education. The Department may approve a verifier who meets the following eligibility requirements: Has 3 or more years of experience developing SCWQPs or qualifies as a U.S. Department of Agriculture, Natural Resource Conservation Service Conservation Planner level II; Is certified in Maryland to prepare NMPs in accordance with applicable Department regulations COMAR 15.20.04; and Has completed Department training in the use of the MNTT. A verifier may only remain eligible to perform verifications by completing at least 6 hours of Department approved training within the first year, and 12 hours thereafter every 3 years. After the opportunity for a hearing, the Department may deny, suspend, or revoke the approval of any verifier who: No longer meets eligibility requirements; 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 meet the continuing education requirements for verifiers; Is determined to be negligent or incompetent; or Fails to act in such a manner that the Department determines provides other good cause to deny, suspend, or revoke approval. Suspension or Revocation of Credit Certification. The Department may suspend or revoke certification of an agricultural nonpoint source nutrient credit for any violation of Agriculture Article, Title 8, Subtitle 9, Annotated Code of Maryland, any violation of this chapter, or the following: Failure to adopt or install any practice or activity certified pending implementation in conformity with standards and specifications or to differ substantially from the original credit generation proposal; Failure to maintain any practice or activity as required by the operation’s SCWQP; Failure to take timely steps to remedy any deficiencies reported by the verifier, in response to a corrective action order by the Department, or as a result of a Department review; Failure to sell credits during their certified lifespan; and Performance of any other action or failure to act in such a manner that the Department determines provides other good cause to suspend or revoke the certification. Notice of the suspension or revocation of credit certification will be issued with an effective date to the credit owner and all other affected parties and will also be published on the trading program website; An owner or operator may dispute findings of violations or failures by requesting an opportunity to be heard in writing to the Secretary of Agriculture within 30 days of receiving notice; and Suspension or revocation of credit certification does not preclude any other punitive action that may be taken by another public or private entity. Agriculture Article, §§2-103(b), 8-902, and 8-903, Annotated Code of Maryland Effective date: May 9, 2016 (43:9 Md. R. 531) Regulation .01B amended effective August 29, 2016 (43:17 Md. R. 956) Regulation .02B amended effective August 29, 2016 (43:17 Md. R. 956) Regulation .05B amended effective August 29, 2016 (43:17 Md. R. 956) Regulation .07C, G amended effective August 29, 2016 (43:17 Md. R. 956) Regulation .08 amended effective August 29, 2016 (43:17 Md. R. 956) Regulation .09A, D amended effective August 29, 2016 (43:17 Md. R. 956) The purpose of this chapter is to establish requirements and control measures for the utilization of food processing residuals. These regulations specifically apply to all persons engaged in the following utilization activities of food processing residuals, or any product containing this food processing residuals, which is utilized in the State of Maryland: Transportation, Regulations .12—14. of this chapter; Storage facility, Regulations .15—.19 of this chapter; and Agricultural land, Regulations .20—.23 of this chapter; A person may not engage in food processing residuals utilization in a manner which will likely: Cause an undue risk to the environment or public health, safety, or welfare as may be determined by the Department; Create a nuisance; or Cause a discharge of constituents to waters of this State. The performance and technical standards provided in this chapter pertaining to the land application and storage of food processing residuals are found in the Maryland Nutrient Management Manual, which is incorporated by reference in COMAR 15.20.07.02. A person utilizing food processing residuals in conjunction with an agricultural operation shall follow the performance and technical standards set forth in the following chapters of the Maryland Nutrient Management Manual: For utilization pertaining to the land application of food processing residuals, Section I (“Nutrient Recommendations”), Subsection D (“Nutrient Application Requirements”): Chapter I: General Guidelines; Chapter II: Definitions; Chapter III: Setbacks for Nutrient Application; Chapter V: Temporary Field Stockpiling (Staging) for Stackable Organic Nutrient Sources Materials (Equal to or less than 75% Moisture Content); and Chapter VI: Food Processing Residuals; and For utilization pertaining to the storage of food processing residuals, Section III (“Animal Manure and Waste Management”), Subsection G (USDA-NRCS Field Office Technical Guide — Maryland/D.C. Area - Waste Storage Facility — 313): Chapter I: Conservation Practice Standard — Waste Storage Facility — Code 313 (2024); Chapter II: Operation & Maintenance Plan — Waste Storage Facility (313) (2021); Chapter III: Maryland Conservation Practice Construction Specification — Waste Storage Facility (2021); and Chapter IV: Statement of Work — Waste Storage Facility (313) — Maryland (2024). In this chapter, the following terms have the meanings indicated. Food Processing Residuals. “Food processing residuals” or “FPRs” means an organic material that is: Generated by processing agricultural commodities for human or animal consumption and includes: Food residuals; Food coproducts; Food processing wastes; Food processing sludges; Organic material that is mixed or otherwise commingled with food residuals, food coproducts, food processing wastes, food processing sludges; or Any other incidental material whose characteristics are derived from processing agricultural products for human consumption or animal consumption; and Registered with the State Chemist as a soil conditioner. “Food processing residuals” does not include: Digester digestate that has not been mixed or commingled with food processing residuals; Animal and poultry manures that have not been mixed or commingled with food processing residuals; Biosolids (i.e., Class A or Class B sewage sludge), as defined by the Maryland Department of the Environment in COMAR 26.04.06.03B(7); Compost, that is, the product of composting in accordance with the standards established by the Secretary of Agriculture under Agriculture Article, §6-221, Annotated Code of Maryland, including food residuals: Diverted from final disposal in a refuse disposal system for composting under COMAR 26.04.13; or Obtained from residential curbside or drop-off programs, including pre-consumer and post-consumer food scraps, transported to a composting facility in accordance with COMAR 26.04.11; Spent mushroom soil; or Water treatment plant residuals. Other Terms Defined. Agricultural Land. “Agricultural land” means more than 10 acres of land used to produce food, feed, fiber, sod, animals, plants, trees, or plants in containers (pots), or for out-of-ground production. “Agricultural land” includes smaller, noncontiguous land parcels that total more than 10 acres. “Agricultural operation” means each physical site where a person engages in a business that: Grows, raises, keeps, pastures, or otherwise produces a farm product, including: Any agricultural, horticultural, vegetable, or fruit product of the soil; or Livestock, poultry, eggs, dairy products, nuts, honey, and every product of the farm, a forest, or an orchard; and Has: A gross annual income of $2,500 or more; or Eight or more animal units. “Animal unit” means 1,000 pounds of live animal weight. “Applicant” means: A person who owns or operates an agricultural operation; or A commercial broker or commercial hauler who has contracted with the owner or operator of an agricultural operation to have food processing residuals utilized at that operation. “Collection” means any action involved in the gathering or subsequent placement of food processing residuals, or any other product containing food processing residuals, into a vehicle, container, or any other vessel for transportation. “Commercial broker” means a person who: For commercial purposes, assumes temporary control of food processing residuals from an agricultural operation or a food processing plant and transports or arranges the transport of this material to an importing agricultural operation; and Is not working for or under the control of an agricultural operation. “Commercial hauler” means a person engaged in the business of hauling, transporting, moving, or land-applying food processing residuals as a contract agent for a farm operator, commercial broker, or food processing plant under the direction of the operator, broker, or processing plant. “Constituent” means any component of food processing residuals that is an organic, inorganic, or combination of organic and inorganic substances. “Container” means either an open or closed receptacle with a load capacity of 1 metric ton or less that includes a bucket, box, carton, vehicle or trailer. “County” means as defined in the Agriculture Article, §1-101(c), Annotated Code of Maryland. “Cover crop” means a cereal grain or cereal grain mix that: Is planted: Following the harvest of summer crops for the purpose of the seasonal protection of soil, the assimilation of residual nitrogen left from a previous crop, and the continued mineralization of nitrogen; and In accordance with the “Maryland Winter Cover Crop Program Requirement” for seeding rate, planting dates, and planting methods as published on the Department’s website.; and Has germinated and attained at least 70 percent surface coverage on the field as measured by the standard line-transect method. “Department” means the Maryland Department of Agriculture. “Field ditch” means a channelized waterway that, as provided in the USDA-NRCS National Cooperative Soil Survey, is not within: Floodplain soil-mapping unit; Hydric soil that is mapped as a narrow, elongated feature in a fluvial or floodplain position; and Soil-mapping unit that has a slope class of “B” or steeper. “Food processing residuals generator” means a person who owns or operates a facility that processes food processing residuals to be utilized in this State. “Groundwater” means water below the land surface in a saturated zone. “Holding tank” means a watertight receptacle that has a capacity up to 20,000 gallons, which is used, or intended to be used, for the temporary storage of food processing residuals for land application. “Land application” means the placement of food processing residuals, or any other product containing food processing residuals on or mixed with or injected into land used to support an agricultural crop. “Nuisance” means unreasonable interference with the quality of life of the public because of the characteristics of noise, odor, vectors, solids, vapors, liquids, or gases that: Causes distress or potential health impacts to members of the public or residents or users of properties adjacent to a site where food processing residuals is being utilized or has been utilized; and Falls outside the protection afforded an agricultural operation under Courts and Judicial Proceedings Article, §5-403, Annotated Code of Maryland. “Nutrient Management Plan” has the meaning stated in COMAR 15.20.08. “Pasture land” means land on which animals feed directly on forage and grain crops, such as legumes, grasses, or grain stubble. “Permittee” means a person who holds a Food Processing Residuals Utilization Permit. “Person” means an individual, or any partnership, firm, association, public or private corporation, or any other entity. “State” means the State of Maryland unless otherwise specified. “Storage facility” means a waste storage facility that meets USDA-NRCS Waste Storage Facility No. 313 Conservation Practice Standards or an equivalent standard determined by a professional engineer for the containment of wastes generated by agricultural production or processing. “Surface water” means all waters of the State that are not groundwater. “Tidal wetland” has the meaning stated in COMAR 26.04.02.02. “Transportation” means the movement or conveyance of food processing residuals or any other product containing food processing residuals by road. “Treatment” means a process, which alters, modifies, or changes the biological, physical, or chemical characteristics of food processing residuals. “USDA-NRCS” means the United States Department of Agriculture-Natural Resources Conservation Service. “NRCS Waste Storage Facility No. 313 Conservation Practice Standard” means the technical standards for waste storage facilities set forth in USDA-NRCS Field Office Technical Guide which is incorporated by reference. “Utilize food processing residuals” means: Handling or storing food processing residuals; Using food processing residuals for land application; and Transporting food processing residuals to or from a generator of food processing residuals or to or from an agricultural operation. The person applying for a Food Processing Residuals Utilization Permit shall agree, as a condition for the issuance of the permit or any other authorization or approval issued by the Department, to allow the Secretary of the Department of Agriculture or the Secretary’s authorized representatives, at reasonable times and upon presentation of credentials, to: Enter upon the premises or a location where any records are required to be maintained under the terms and conditions of the Food Processing Residuals Utilization Permit, authorization, or approval issued by the Department; Have access to and copy any records required to be maintained under the terms and conditions of the Food Processing Residuals Utilization Permit, authorization, or approval issued by the Department; Enter upon a food processing residuals utilization site and inspect any area covered by the permit including any field where food processing residuals have been land-applied or storage facility holding food processing residuals; Sample any soils, vegetation, food processing residuals, or other materials on the site; Perform any activities to determine compliance status with the terms and conditions of the Food Processing Residuals Utilization Permit, authorization, or approvals issued by the Department or the applicable regulations; and Obtain any photographic documentation or evidence. A person may not utilize food processing residuals in this State unless the material is: Registered as a soil conditioner; Analyzed by an accredited laboratory, using methods that are: Acceptable to the Department; and Part of the laboratory’s scope of accreditation: and At a minimum, analyzed: For moisture, nutrients (total nitrogen, total phosphate, and total potash), heavy metal contaminants (arsenic, cadmium, chromium, copper, lead, molybdenum, nickel, selenium, and zinc), and polynuclear aromatic hydrocarbons (PAHs, as determined by Method 8270E Semivolatile Organic Compounds by Gas Chromatography/Mass Spectrometry); and As otherwise required by the Department. A person utilizing food processing residuals in this State shall submit to the Department: An acceptable methodology that shall be used to obtain a representative composite food processing residuals sample of the material; and On an annual basis, the results of laboratory analysis of the representative composite food processing residuals sample in accordance with the following requirements: All sample analyses shall be performed by an accredited laboratory, using methods that are acceptable to the Department and part of the laboratory’s scope of accreditation; and The analysis shall, at a minimum, test for moisture, nutrients (total nitrogen, total phosphate, and total potash), heavy metal contaminants (arsenic, cadmium, chromium, copper, lead, molybdenum, nickel, selenium, and zinc), and polynuclear aromatic hydrocarbons (PAHs, as determined by Method 8270E Semivolatile Organic Compounds by Gas Chromatography/Mass Spectrometry) and as otherwise required by the Department. Unless otherwise agreed upon by persons utilizing food processing residuals in conjunction with an agricultural operation, the requirement set forth in §A of this regulation shall be performed by a commercial broker, commercial hauler, or other person who is permitted to transport the material to an agricultural operation. This person shall be identified in the permit application to utilize food processing residuals in conjunction with an agricultural operation. The Department may: Require analyses for food processing residuals constituents other than those identified in §A(2) of this regulation to adequately assess the quality of food processing residuals; Require additional analyses to adequately assess the quality of food processing residuals; Approve a request to reduce the testing frequency for analyzing any of the constituents identified in §A(2) of this regulation if the Department determines that a sufficient number of food processing residuals samples have been analyzed to characterize food processing residuals quality on an annual as well as seasonal basis; and Reject an analysis for good cause. The Department may consider the failure to submit the analysis required in §A of this regulation to be grounds for: Revocation or modification of any Food Processing Residuals Utilization Permit, authorization, or approval previously issued by the Department for the utilization of that generator’s food processing residuals; and Denial of any new, material alteration or extension, modification, or renewal application for a Food Processing Residuals Utilization Permit, authorization, or approval issued by the Department for the utilization of that generator’s food processing residuals. A person utilizing food processing residuals in the State shall submit to the Department the following information on a form provided by the Department: The date the food processing residuals leaves that food processing residuals generator’s plant; The amount of food processing residuals leaving that generator’s plant; The county and site where the food processing residuals are being utilized; and Other information required by the Department including information relating to the registration of the material with the Department. The information required to be submitted under §A of this regulation shall be: Collected each year on a quarterly basis as follows: January 1 through March 31; April 1 through June 30; July 1 through September 30; and October 1 through December 31; and Submitted to the Department within 30 days from the close of each quarter. Failure to submit the reports required under this regulation may constitute grounds for revocation or modification of any Food Processing Residuals Utilization Permit issued by the Department. Unless otherwise agreed upon by persons utilizing food processing residuals in conjunction with an agricultural operation, the requirement set forth in §A of this regulation shall be performed by a commercial broker, commercial hauler, or other person who is permitted to transport the material to an agricultural operation. This person shall be identified in the permit application to utilize food processing residuals in conjunction with an agricultural operation. A person may not utilize food processing residuals, or any product containing this material, without first obtaining a Food Processing Residuals Utilization Permit from the Department. A person who is engaged in the utilization of food processing residuals is subject to the following conditions: Food processing residuals may not be stored, staged, or land applied in a manner that will cause an undue risk to the environment or public health, safety, or welfare, or in a manner that causes or is likely to cause a discharge of constituents to the waters of the State; Food processing residuals may only be land applied on agricultural land in accordance with a nutrient management plan prepared by a certified and licensed nutrient management consultant in accordance with the requirements specified in COMAR 15.20.04 and in compliance with COMAR 15.20.07 and 15.20.08; Food processing residuals transported to a person’s agricultural operation may not be transported from that site to: Any other agricultural operation in the State that is not permitted by the Department to receive it; or A site in another State that is not permitted or otherwise authorized to receive food processing residuals. In the event of an odor complaint pertaining to the utilization of food processing residuals, the Department shall investigate the complaint and, after investigating the complaint, notify the person who is utilizing food processing residuals what corrective measures, if any, shall be implemented, such as the temporary cessation of food processing residuals application, additional incorporation measures, or the application of odor control agents, such as lime, potassium permanganate, or other odor control agents. A person may mix food processing residuals with other organic material if: The person demonstrates to the Department that the final utilization of the mixture will not cause an undue risk to the environment or public health, safety, or welfare as may be determined by the Department; and The person secures a new N/P/K analysis of the material before land application. A person who mixes or otherwise comingles food processing residuals mixed with other organic materials shall manage this material in accordance with this chapter. A person applying for a Food Processing Residuals Utilization Permit shall file with the Department a performance bond on a form prescribed or approved by the Department, liability insurance, or other form of security. The performance bond, liability insurance, or other form of security shall be payable to the Department and the obligation of the performance bond, liability insurance, or other form of security shall be conditioned upon the compliance with the terms and conditions of the Food Processing Residuals Utilization Permit. The amount of the performance bond, liability insurance, or other form of security shall be: For the initial permit to transport food processing residuals to and from an agricultural operation, $10,000; For the initial permit to apply food processing residuals on agricultural land, $30,000; and For the initial permit to store food processing residuals at a storage facility, $100,000. The Department may allow a permittee obtaining several Food Processing Residuals Utilization Permits to utilize food processing residuals in conjunction with agricultural land to file one performance bond, liability insurance, or other form of security to satisfy the security requirements for more than one utilization site. For each additional permit that the applicant seeks, the amount of the performance bond, liability insurance, or other form of security shall be 40 percent of the amount required in §B of this regulation up to a maximum amount of $200,000, as shown in the following examples: Example One: If a person is seeking two storage facility permits and two transportation permits, the bond amount is $154,000,which amount is the sum of the following two figures: $140,000 for the two storage permits, that being:$100,000 for the initial permit plus $40,000 (40% of $100,000) for the second permit); and $14,000 for the two transportation permits, that being:$10,000 for the initial permit plus $4,000 (40% of $10,000) for the second permit); and Example Two: If a person is seeking four storage permits and four transportation permits, the bond amount, while separately exceeding $200,000, will be capped at $200,000. Liability under the performance bond, liability insurance, or other form of security shall remain in effect until all terms and conditions of the Food Processing Residuals Utilization Permit have been met. The Department may release the performance bond, liability insurance, or other form of security after the Department has determined that all terms and conditions of the Food Processing Residuals Utilization Permits covered by the performance bond, liability insurance, or other form of security have been complied with. The performance bond, liability insurance, or other form of security shall be executed by the person applying for a Food Processing Residuals Utilization Permit and obtained from a corporate surety licensed to do business in this State. Instead of a performance bond, liability insurance, or other form of security executed by a corporate surety, the person may elect to deposit with the Department cash or negotiable bonds of the federal government or of this State or any other securities acceptable to the Department. The amount of the cash deposit or the market value of any securities shall be at least equal to the required sum of the performance bond, liability insurance, or other form of security. The Department shall receive and hold the cash or securities in trust, for the purposes for which the deposit is posted. The obligation of the person applying for a Food Processing Residuals Utilization Permit and of any corporate surety under the performance bond, liability insurance, or other form of security shall become due and payable, and all or any part of any cash or securities due and payable, and all or any part of any cash or securities shall be applied to payment of the costs of complying with any requirement of the Food Processing Residuals Utilization Permit if the Department has: Notified the permittee and any corporate surety that the terms and conditions of the Food Processing Residuals Utilization Permit have not been complied with, and has specified in the notice the particular noncompliance with the Food Processing Residuals Utilization Permit terms or conditions; Given the permittee a reasonable opportunity to correct the deficiencies and to comply with all of the terms and conditions of the Food Processing Residuals Utilization Permit; and Determined that, at the end of a reasonable length of time, some or all of the noncompliance specified under §G(1) of this regulation remain uncorrected. The Department shall deny an application for a Food Processing Residuals Utilization Permit if the Department finds that: The applicant cannot utilize food processing residuals without causing an undue risk to the environment or the public health, safety, or welfare as may be determined by the Department; The applicant is violating: Agriculture Article, Title 8, Subtitles 8 and 8A, Annotated Code of Maryland; or Environment Article, Title 9, Subtitle 3, Part IV, Annotated Code of Maryland; or If the application is for storing food processing residuals at an agricultural operation, the applicant has not obtained any necessary approval or permits from the county to store this material at this site. The Department may deny an application for a Food Processing Residuals Utilization Permit if the Department finds that: The applicant is not in compliance with the sampling and testing requirements specified in Regulation .06 of this chapter; The applicant is not in compliance with the record-keeping and reporting requirements specified in Regulation .07 of this chapter; The applicant has insufficient resources to meet the performance bond or other financial securities requirements of the Food Processing Residuals Utilization Permit; The applicant has failed to submit the applicable Food Processing Residuals Utilization Permit Application fee; The applicant has failed to submit information requested by the Department; or For any other good cause as determined by the Department including past violations of: Agriculture Article, Title 8, Subtitle 8, Annotated Code of Maryland, and regulations adopted thereunder; Agriculture Article, Title 8, Subtitle 8A, Annotated Code of Maryland, and regulations adopted thereunder; or Environment Article, Title 9, Subtitle 3, Part IV, Annotated Code of Maryland, and regulations adopted thereunder. The Department may issue a Food Processing Residuals Utilization Permit to transport food processing residuals if the equipment to be used, the operation plan, and the destination of food processing residuals meet the requirements established by the Department. A person transporting food processing residuals to an agricultural operation in conjunction with storing or land-applying this material at this site: Shall load and unload the material on the agricultural operation’s premises; and May not load and unload this material for these activities on a public road. Liquid food processing residuals shall be transported in closed watertight vessels or containers. Food processing residuals cake that is less than 75 percent moisture content may be transported in watertight containers, such as dump truck bodies or trailers that are sealed to prevent leakage or in closed body vehicles. All State and federal commercial transportation laws must be followed. An applicant for a Food Processing Residuals Permit shall submit to the Department a permit application for each site in Maryland where food processing residuals is to be transported. The applicant shall submit to the Department two completed copies of the Food Processing Residuals Utilization Permit Application on a form provided by the Department. The applicant shall also submit a performance bond, liability insurance, or other form of security required under the provisions of Regulation .09 of this chapter. The application shall include the following completed information: A description of the source, type, and quantity of food processing residuals to be transported, including any previous treatment the food processing residuals has received, such as anaerobic digestion, aerobic digestion, lime stabilization, composting, or dewatering; A detailed operation plan that includes, when applicable: A spill or leak clean-up plan describing the procedures for managing and reporting a food processing residuals spill or leak; Procedures for record keeping and reporting of the food processing residuals to be transported; Types of equipment to be used for collection, management, washdown, and other operations; and Contingency or emergency plans to manage equipment breakdown, spills, and other emergency events; The destination and a detailed description of the final utilization of the food processing residuals at the destination; and Other information that may be requested by the Department. Permit Application Fees. The applicant shall pay the Department a nonrefundable Food Processing Residuals Utilization Permit Application fee in accordance with the following schedule: For a new permit application, $50; and For a renewal permit application, $50. The permittee shall generate a report containing the following information and maintain all documents used to generate the report for a period of 5 years: The source, type, and quantity of food processing residuals transported; The dates of transportation of food processing residuals; The destinations of food processing residuals (i.e., the address of the agricultural operation); Other related information regarding the transportation of food processing residuals as required by the applicable Food Processing Residuals Utilization Permit; and Other information that may be requested by the Department. The permittee shall submit semi-annually to the Department two completed copies of the report required by §A of this regulation for each year the Food Processing Residuals Utilization Permit is in effect. The permittee shall submit to the Department the report on a form provided by the Department. The Department may modify a Food Processing Residuals Utilization Permit for transporting food processing residuals to include a new condition as may be required by a new law or regulation, to clarify permit conditions, or for other good cause. The Department may modify a Food Processing Residuals Utilization Permit for transporting food processing residuals upon request by the permittee if the following conditions are met: The permittee submits to the Department a Food Processing Residuals Utilization Permit modification application on a form provided by the Department, and all other required information and forms as determined by the Department, with the application including a description of the proposed modification and an explanation as to why the modification is needed; and The Department determines that the proposed modification is in compliance with the applicable requirements of this chapter and will not cause an undue risk to the environment or public health, safety, or welfare. The following constitute modifications to a Food Processing Residuals Utilization Permit for transportation of food processing residuals: Modification to the types of food processing residuals to be transported; The permittee’s name change; Modification to the sources of food processing residuals to be transported; or Other modifications as determined by the Department. If the Department considers a modification application complete and acceptable, the Department may modify the Food Processing Residuals Utilization Permit. The Department may deny a modification application if the permittee is not in compliance with the applicable requirements of this chapter or any of the terms and conditions of the Food Processing Residuals Utilization Permit or for other good cause as determined by the Department. The Department may not issue a Food Processing Residuals Utilization Permit to use, install, materially alter, or materially extend a food processing residuals storage facility until: The storage facility meets all zoning and local land use requirements of the county where the storage facility is to be located; The person seeking the permit has obtained any necessary county approval or permits to store the material at the permitted site; The person has provided evidence showing that the structure meets: The NRCS Waste Storage Facility No. 313 Conservation Practice Standard; or An equivalent standard as determined by a professional engineer; For an application to renew a permit for a waste storage facility, sufficient evidence showing that the requirements of §A(3) of this regulation continue to be met may include: A visual inspection of the storage facility by the Department; and Other evidence determined by the Department. The Department may issue a Food Processing Residuals Utilization Permit to use, install, materially alter, or materially extend a food processing residuals storage facility if the applicant demonstrates that the following conditions and requirements will be met: The person seeking the permit has obtained any necessary county approval or permits to store the material at the permitted site; The person has provided evidence showing that the structure meets: The NRCS Waste Storage Facility No. 313 Conservation Practice Standard; or An equivalent standard as determined by a professional engineer. The storage facility is designed, constructed, and operated to safely store food processing residuals in a manner that will not cause an undue risk to the environment, public health, or welfare as may be determined by the Department; Public access to the storage facility shall be controlled; Any other conditions required by the Department to protect the public health and the environment. For an application to renew a permit for a waste storage facility, sufficient evidence showing that the requirements of §C(2) and (4) of this regulation continue to be met may include: A visual inspection of the storage facility by the Department; and Other evidence determined by the Department. A person applying for a Food Processing Residuals Utilization Permit shall submit to the Department a separate permit application for each site where a food processing residuals storage facility is located or is to be installed, materially altered, or materially extended. A person shall submit to the Department two completed copies of the Food Processing Residuals Utilization Permit Application for a new Food Processing Residuals Utilization Permit, a modification to a Food Processing Residuals Utilization Permit, or a Food Processing Residuals Utilization Permit renewal on a form provided by the Department. A person shall also submit a performance bond, liability insurance, or other form of security required under the provisions of Regulation .09 of this chapter. The application shall include the following completed information: If the applicant is not the owner or operator of the agricultural operation where the storage facility is located or is to be installed, materially altered, or materially extended, the written consent of the owner or operator of the agricultural operation to utilize food processing residuals in conjunction with the operation; A current site plan designating the property boundary lines, the exact acreage of the site, existing and proposed storage facility structures, the location of any wells on the site and within 1/2 mile of the site, any residences or buildings on site and within 1/2 mile of the site, the proximity of the site to major roads in the area and any roads on the site, and surrounding land uses; Tax maps and liber and folio numbers for the parcels of land on which the storage facility exists or will be installed, materially altered, or materially extended and the names of the legal owners of the site; A description of the source, type, and quantity of food processing residuals to be stored; Engineering plans showing that the storage facility meets: NRCS Waste Storage Facility No. 313 Conservation Practice Standard; An equivalent standard determined by a registered professional engineer prepared, signed, and bearing the seal of the engineer; The specifications for any liners or soil sealants used; A detailed operation plan that includes, when applicable: Procedures for sampling, on-site record keeping, and reporting of the food processing residuals to be stored; Methods and procedures to prevent or control odors and other potential nuisance conditions at the site; Contingency or emergency plans to manage fires, equipment breakdown, spills, and other emergency events; and Methods and procedures for restricting public access to the site; Information on protection of water resources, including a description of the methods to be used for the protection of ground and surface waters of the State. For a new storage facility, an assessment of the potential environmental impact of the storage facility; For manufactured storage facilities, information showing that it meets: NRCS Waste Storage Facility No. 313 Conservation Practice Standard; or An equivalent standard determined by a registered professional engineer; and Other information that may be requested by the Department. Permit Application Fees. The applicant shall pay the Department a nonrefundable Food Processing Residuals Utilization Permit Application fee in accordance with the following schedule: For a new permit application, $100; and For a renewal permit application, $100. For activities, which involve transportation or storage of food processing residuals in combination with any other activities listed in the Food Processing Residuals Utilization Permit Application, the Department will issue a single Food Processing Residuals Utilization Permit to include all activities. For combined activities that include the land application of food processing residuals, the application fees listed for transportation and storage of food processing residuals in Regulations .12 and .16 of this chapter shall be waived. Within 10 days after receiving a permit application that includes storing food processing residuals in conjunction with an agricultural operation, the Department shall mail a copy of the application to the chairman of the legislative body and any elected executive of the county where the food processing residuals is to be stored. The Department may not issue a permit to operate a storage facility for food processing residuals in conjunction with an agricultural operation or a renewal permit unless the applicant has obtained any necessary county approval or permits to store the material at the site. In its notice to the county under this regulation, the Department shall request that the county respond to the notice specified in §A of this regulation within 30 days from its receipt. The permittee shall generate a report containing the following information and maintain all documents used to generate the report for a period of 5 years: The source, type, and quantity, including documentation of food processing residuals received and stored at the storage facility; The quantity, including documentation of food processing residuals transported from the storage facility; The dates of transportation of food processing residuals to and from the storage facility; The destination and utilization of food processing residuals transported from the storage facility; Other related information regarding the storage facility as required by the applicable Food Processing Residuals Utilization Permit; and Other information that may be requested by the Department. The permittee shall submit to the Department two completed copies of the report required by §A of this regulation for each year the Food Processing Residuals Utilization Permit is in effect. The permittee shall submit to the Department the report on a form provided by the Department and in accordance with a schedule established by the Department. The Department may modify a Food Processing Residuals Utilization Permit to include a new condition as may be required by a new law or regulation, to clarify permit conditions, or for other good cause. The Department may modify a Food Processing Residuals Utilization Permit or materially alter or extend a structure for storing food processing residuals upon request by the permittee if the following conditions are met: The permittee submits to the Department a completed Food Processing Residuals Utilization Permit application on a form provided by the Department, and all other required information and forms as determined by the Department, with the application including a description of the proposed modification, material alteration or extension, and an explanation as to why it is needed; The permittee shall pay the Department a nonrefundable fee in in the amount of $50; and The Department determines that the proposed modification, material alteration, or extension: Is in compliance with the applicable requirements of this chapter; Meets the NRCS Waste Storage Facility No. 313 Conservation Practice Standard or an equivalent standard determined by a professional engineer; and Will not cause an undue risk to the environment or public health, safety, or welfare; and The permittee has obtained any necessary county approval or permits for the proposed change. The Department may deny an application to modify a Food Processing Residuals Utilization Permit or materially alter or extend a storage facility if the permittee is not in compliance with the applicable requirements of this chapter or any of the terms or conditions of the Food Processing Residuals Utilization Permit or for other good cause as determined by the Department. The Department may issue a Food Processing Residuals Utilization Permit to apply food processing residuals on agricultural land if the following requirements are met: The food processing residuals have been registered by the Department as a soil conditioner and otherwise meets the requirements of the Department to be registered as a soil conditioner; A nutrient management plan is prepared for the site by a certified and licensed nutrient management consultant in accordance with the requirements of COMAR 15.20.04, and is in compliance with COMAR 15.20.07 and 15.20.08; and Expected crop yields submitted to the Department as part of the Food Processing Residuals Utilization Permit Application are determined to be in accordance with the requirements in COMAR 15.20.08. The Department may restrict or apply special provisions for the land application of food processing residuals on fields that are adjacent to or bordering homes, schools, places of worship, hospitals, legal boundaries of incorporated municipalities, or other locations of concern as determined by the Department. Food processing residuals may be applied on agricultural land only if the following requirements are met: The requirements of §A(1)—(3) of this regulation; Requirements concerning minimum buffer distances, as follows: Food processing residuals may not be applied closer than the minimum buffer distance to a feature of concern identified in Table 1 of §C(2)(b) of this regulation, unless the Department establishes an alternate minimum buffer distance in accordance with §C(2)(d) of this regulation. Table 1 — Minimum Buffer Distances For agricultural land located within a critical area as identified by the Critical Area Commission for the Chesapeake and Atlantic Coastal Bays, food processing residuals: May not be land applied within 100 feet of the Mean High-Water Line of tidal waters or the landward edge of tidal wetlands; and May only be subsurface injected or incorporated between 101 and 1,000 feet of the Mean High-Water Line of tidal waters or the landward edge of tidal wetlands; Except as otherwise prohibited by law, the Department may modify the minimum buffer distances established in §C(2)(b) of this regulation as follows: The Department may increase or decrease the minimum buffer distance associated with any feature of concern identified in Table 1 of §C(2)(b) of this regulation; The Department may establish minimum buffer distances for features of concern not identified in Table 1 of §C(2)(b) of this regulation, such as particular categories of land use; and In modifying the minimum buffer distances, the Department may consider the food processing residuals application method, the application rate, adjacent land use, land slopes, vegetated filter strip, the type and condition of any surrounding bodies of water, and any other factor considered relevant by the Department; Requirements concerning slope, as follows: Unless modified by the Department in accordance with §C(4)(b) of this regulation, the following requirements concerning slope shall be met: Food processing residuals may not be applied on a slope that is greater than 15 percent; Liquid food processing residuals which are surface applied on a slope that is greater than 6 percent shall be applied in accordance with COMAR 15.20.08; and Food processing residuals may be subsurface injected on a slope that is up to 15 percent; and The limits of §C(3)(a) of this regulation may be modified by the Department, but only if the Department determines that sediment and erosion controls or other features at a site, or both, are sufficient to protect the public health and the environment; Food processing residuals may not be applied when: The soil is saturated; The ground is flooded, ponded, frozen, or covered with snow; or Weather conditions prevent compliance with the requirement to incorporate the food processing residuals into the soil; The timing of food processing residuals land application shall be in accordance with the requirements of COMAR 15.20.08; Food processing residuals shall be applied in a manner approved by the Department using conventional agricultural equipment, such as manure spreaders, spray equipment, or other applicators, or by commercial equipment specifically designed for food processing residuals application on agricultural land, with all conventional agricultural and commercial equipment used for agricultural land application required to be calibrated in accordance with the manufacturer’s recommendations before land application of the food processing residuals begins; Food crops harvested off food processing residuals land application sites shall meet applicable produce safety requirements; and Trucks, tractors, and equipment shall be cleaned or otherwise addressed on the site to prevent drag-out of soil or food processing residuals onto public roads. A person applying for a Food Processing Residuals Permit shall submit to the Department a separate permit application for each agricultural operation where food processing residuals is to be applied on agricultural land (e.g., the USDA Farm Service Agency farm and tract number for each operation). The applicant shall submit to the Department two completed copies of the Food Processing Residuals Utilization Permit Application on a form provided by the Department. A person shall also submit a performance bond, liability insurance, or other form of security required under the provisions of Regulation .10 of this chapter. The Food Processing Residuals Utilization Permit Application to apply food processing residuals on agricultural land shall include two completed copies of the following forms provided by the Department and signed and dated not more than 6 months before the receipt of the Food Processing Residuals Utilization Permit Application by the Department: If the applicant is not the owner of the site where food processing residuals is to be applied, the written consent of the owner (which consent, if the owner agrees, may be valid for a 2-year period); A site information form completed and signed by the applicant and the farmer or operator of the site where food processing residuals is to be applied; and The Food Processing Residuals Utilization Permit Application to apply food processing residuals on agricultural land shall include two completed copies of the following information: The sources and types of food processing residuals to be applied, including any treatment the food processing residuals has received, such as anaerobic digestion, aerobic digestion, dissolved air flotation, composting, or dewatering; A current site plan that includes: The location of property boundary lines and field boundaries; The exact acreage where food processing residual is to be applied; The location of all buffer distances; The location of any residences or buildings on site or within 1/2 mile of the site; An inventory of any domestic, commercial, or municipal wells on site and within 1/2 mile of the property boundary lines, including water level for the wells if available; The location of any on-site stream, spring, seep, pond, drainage ditch or other body of water; The location of any on-site area with a slope of 15 percent or greater; The location of any on-site bedrock outcropping; The location of any on-site depression area; The surrounding land uses; Other features as determined by the Department; and A legend identifying the key features on the site plan; If required by the Department, the results of a laboratory analysis of a representative soil sample, which was obtained from each field not more than 6 months before the receipt of the Food Processing Residuals Utilization Permit Application by the Department subject to the following: All soil samples shall be collected from within the field that would receive food processing residuals in accordance with the requirements in COMAR 15.20.08; Soil samples may not be collected from buffer distances, restricted areas, or other areas that are not subject to the land application of food processing residuals; The analysis of the sample was performed by an independent laboratory or other laboratory acceptable to the Department, using standards, procedures, and methods that are acceptable to the Department; If requested by the Department, the results shall be accompanied by a description of the method or methods of analysis; and The analytical results include, at a minimum: pH, cation exchange capacity, and soil texture; If metal analysis has not been previously performed on the field, total cadmium, total copper, total lead, total nickel, total zinc, and total phosphorus; and Any other constituents in the soil that the Department determines necessary to adequately assess the potential impact of the project on public health, safety, and the environment; A tax map showing the property line, owner, acreage, and liber and folio numbers; A detailed operation plan that includes, when applicable: Procedures for sampling, record keeping, and reporting of the food processing residuals to be utilized; Identification of equipment to be used for land-application of food processing residuals; Methods and procedures to prevent or control odors and other potential nuisance conditions at the site; and Contingency or emergency plans to manage equipment breakdown, spills, and other emergency events; and A list of type of crops or cover species to be grown, which indicate the crop yields as specified in the nutrient management plan; A nutrient management plan that: Has been prepared by a certified and licensed nutrient management consultant in accordance with the requirements of COMAR 15.20.04; and Is in compliance with COMAR 15.20.07 and 15.20.08; and Other information that may be requested by the Department. The Department may reject an analysis of food processing or a soil sample submitted in accordance with §D(4) of this regulation and require retesting and resubmittal if the Department determines that the method of analysis is inaccurate, or for any other good cause. Permit Application Fees. The applicant shall pay the Department a nonrefundable Food Processing Residuals Utilization Permit Application fee in accordance with the following schedule: For a new permit application, $175; and For a renewal permit application, $175. For activities, which involve transportation or storage of food processing residuals in combination with any other activities listed in the Food Processing Residuals Utilization Permit Application, the Department will issue a single Food Processing Residuals Utilization Permit to include all activities. For combined activities that include the land application of food processing residuals, the application fees listed for transportation and storage of food processing residuals in Regulations .12 and .16 of this chapter shall be waived. Holding Tanks. A person permitted to utilize food processing residuals for land application in conjunction with an agricultural operation may use a holding tank for this activity and under this chapter is not required to obtain a permit from the Department to use the holding tank. The permittee shall generate a report containing the following information and maintain all documents used to generate the report for a period of 5 years: The source, type, and quantity, including documentation of food processing residuals received and applied on the agricultural land; The dates of land application of food processing residuals; The number and size of the fields where food processing residuals was applied on agricultural land; Cumulative and annual constituent loading rates including plant-available nitrogen, P2O5, and K2O; Other related information regarding the land application of food processing residuals as required by the applicable Food Processing Residuals Utilization Permit; and Other information that may be requested by the Department. The permittee shall submit to the Department one completed copies of the report required by §A of this regulation for each year the Food Processing Residuals Utilization Permit is in effect. The permittee shall submit to the Department the report on a form provided by the Department and in accordance with a schedule established by the Department. Within 60 days of land application of food processing residuals, the permittee shall provide the farmer or operator and the legal owner of the site where food processing residuals was applied with a copy of the report required by §B of this regulation. The Department may modify a Food Processing Residuals Utilization Permit for land-application of food processing residuals to include a new condition as may be required by a new law or regulation, to clarify permit conditions, or for other good cause. The Department may modify a Food Processing Residuals Utilization Permit upon request by the permittee if the following conditions are met: The permittee submits to the Department two completed copies of the Food Processing Residuals Utilization Permit modification application on a form provided by the Department, and all other required information and forms as determined by the Department, with the application including a description of the proposed modification and an explanation as to why the modification is needed; and The Department determines that the proposed modification is in compliance with the applicable requirements of this chapter and will not cause an undue risk to the environment or public health, safety, or welfare. The following constitutes modifications to a Food Processing Residuals Utilization Permit for agricultural land application of food processing residuals: Modification to the site’s nutrient management plan; Addition of a crop or cover crop; Adjustment of approved maximum nitrogen per acre requirements for a different crop or cover crop; The permittee’s name change; Addition of a new food processing residuals source or type to be applied; Increase in the size of the permitted acreage; or Other modifications as determined by the Department. If the Department considers a modification application complete and acceptable, the Department may modify the Food Processing Residuals Utilization Permit. The Department may deny a modification application if the permittee is not in compliance with the applicable requirements of this chapter or any of the terms or conditions of the Food Processing Residuals Utilization Permit or for other good cause as determined by the Department. As a requirement for maintaining a Food Processing Residuals Utilization Permit, the permittee shall: Comply with the applicable State laws and regulations and with the terms and conditions of the Food Processing Residuals Utilization Permit; Maintain a performance bond, liability insurance, or other form of security as required in Regulation .10 of this chapter; Allow authorized State to conduct inspections as required in Regulation .04 of this chapter; and Provide any other information that may be requested by the Department. The Department may issue a Food Processing Residuals Utilization Permit to utilize food processing residuals for a term not to exceed 1 year. Except for Food Processing Residuals Utilization Permits for a storing food processing residuals, the Department may renew a Food Processing Residuals Utilization Permit if: The permittee is in compliance with the applicable State laws and regulations and all of the terms and conditions of the Food Processing Residuals Utilization Permit; The permittee is in compliance with any applicable discharge permit under Environment Article, §9-301, Annotated Code of Maryland; The permittee submits to the Department 6 calendar weeks before the expiration date of the current Food Processing Residuals Utilization Permit or in accordance with the time specified in the current Food Processing Residuals Utilization Permit a completed Food Processing Residuals Utilization Permit renewal application on a form provided by the Department, and all other required information and forms as determined by the Department; and The permittee pays the Department the required renewal application fee. For Food Processing Residuals Utilization Permits for storing food processing residuals, the Department may renew a Food Processing Residuals Utilization Permit if: The permittee is in compliance with the applicable State laws and regulations and all of the terms and conditions of the Food Processing Residuals Utilization Permit; The permittee meets the requirements specified in §C(1)—(4) of this regulation; The permittee is in compliance with any county approval or permit to store food processing residuals at the agricultural operation; and The permittee pays the Department the required renewal application fee. If the Department considers a renewal application complete and acceptable, the Department may renew the Food Processing Residuals Utilization Permit. The Department may deny a renewal application to transport or land apply food processing residuals if the permittee is not in compliance with the applicable State laws and regulations or any of the terms or conditions of the Food Processing Residuals Utilization Permit that is subject to renewal. The Department may deny a renewal application to store food processing residuals if the permittee is not in compliance with the applicable State laws and regulations, any of the terms or conditions of the Food Processing Residuals Utilization Permit, or any county approval or permit for storing this material that is subject to renewal. Thirty days before any change in control or ownership of the permitted property, site, or facility, the permittee shall: Provide the succeeding legal owners of the permitted property, site, or facility by certified mail, with a copy of: The “Owner’s Consent Form” signed by the current owners of the permitted property, site, or facility; and A copy of the Food Processing Residuals Utilization Permit for the permitted site or facility; and Notify the succeeding legal owners of any outstanding permit noncompliance, and, at the same time, submit to the Department a copy of this notification. Food Processing Residuals Utilization Permits for storing, transporting, or land-applying food processing residuals are not transferable and are only valid for the permittee named in the Food Processing Residuals Utilization Permit. In order for a different person to become the permittee for a Food Processing Residuals Utilization Permit for these food processing residuals utilization activities, the new person shall first obtain a new Food Processing Residuals Utilization Permit from the Department. After written notification and an opportunity to request a hearing by the Department, the Department may suspend, revoke, or modify a Food Processing Residuals Utilization Permit if the Department finds that: False or inaccurate information was contained in: The Food Processing Residuals Utilization Permit Application; The information and forms required as part of the Food Processing Residuals Utilization Permit Application; or Information required as part of the Food Processing Residuals Utilization Permit; As part of a regulated activity by a permittee, there is or has been a violation of: Agriculture Article, Title 8, Subtitle 8, Annotated Code of Maryland, or regulations adopted under this subtitle; Agriculture Article, Title 8, Subtitle 8A, Annotated Code of Maryland, or regulations adopted under this subtitle; Environment Article, Title 9, Subtitle 3, Part IV, Annotated Code of Maryland, or regulations adopted under this subtitle; Applicable requirements of this chapter; or Any conditions in the Food Processing Residuals Utilization Permit; Substantial deviation from approved plans, specifications, or requirements has occurred as determined by the Department; The Department, an authorized representative of the Department, has been refused entry to the premises for the purpose of inspecting or sampling to ensure compliance with the terms and conditions of the Food Processing Residuals Utilization Permit; Conditions exist which are causing or may cause an undue risk to the environment or public health, safety, or welfare as may be determined by the Department; The permittee has been negligent or incompetent in the utilization of food processing residuals; or Any other good cause exists for suspending, revoking, or modifying the Food Processing Residuals Utilization Permit. Immediate Suspension or Revocation. Notwithstanding other provisions of this chapter or the terms and conditions of the Food Processing Residuals Utilization Permit, the Department may immediately suspend or revoke a Food Processing Residuals Utilization Permit if the Department determines there is an immediate and substantial threat to the environment, public health, safety, or welfare. The Department shall deliver written notice of an immediate suspension or revocation of a Food Processing Residuals Utilization Permit to the permittee which does the following: Informs the permittee of the emergency suspension or revocation; Cites the statute, regulation, or condition of the permit with which the permittee has failed to comply that is the basis for the emergency suspension or revocation; Specifies the corrective action to be taken by the permittee and the time period within which the action shall be taken; and Notifies the permittee of the right to request a hearing. The filing of a hearing request does not stay the revocation or suspension. An opportunity shall be provided for a hearing if the permittee files a written request with the Department within 10 calendar days of receipt of the notice of suspension, revocation, or modification of a Food Processing Residuals Utilization Permit. A hearing provided for in this regulation shall be conducted by the Department at a designated time and place in accordance with the provisions of State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland. Actions taken in accordance with this regulation do not preclude the Department from taking other administrative, civil, or criminal action for violations of State law, regulations, or terms or conditions of a Food Processing Residuals Utilization Permit. If the Department suspends or revokes a Food Processing Residuals Utilization Permit, the Department shall send notice of the suspension or revocation to the county in which the Food Processing Residuals Utilization Permit is issued by the Department. If the Department determines that a person has violated any provision of Agriculture Article, Title 8, Subtitle 8A, Annotated Code of Maryland, any regulation adopted thereunder, or any condition the permit issued to the person, the Department may impose a civil penalty up to $5,000 per day, not to exceed $50,000 in total penalties for that violation. In assessing a civil penalty imposed under §A, of this regulation, the Department shall give consideration to: The willfulness of the violation; The extent to which the existence of the violation was known to the violator but uncorrected by the violator; The extent to which the violator exercised reasonable care; The extent the violation resulted in actual harm to the environment or to human health or safety; The nature and degree of injury to or interference with general welfare, health, and property; The extent to which the current violation is part of a recurrent pattern of the same or similar type of violation committed by the violator; and The extent to which the violation creates the potential for harm to the environment or to human health or safety. Unless a stay has been granted, a person against whom a civil penalty has been imposed under this regulation shall pay the amount of the penalty promptly to the Department. A person utilizing food processing residuals at an agricultural operation in the State shall: Mail to the Department, on a quarterly basis as provided in §B of this regulation, a statement showing the following information for each month within the quarter: The total tons of food processing residuals; The counties to which it was distributed; and The form in which the material was shipped, such as bulk or liquid; Furnish the Department with a semiannual written statement of the tonnage of food processing residuals transported to the agricultural operation showing every delivery of the material transported to the agricultural operation covering the following applicable 6-month time periods: January 1 through June 30 of each year (this statement is due within 31 days after the end of this semiannual period); and July 1 through December 31 of each year (this statement is due within 31 days after the end of this semiannual period); and For these same 6-month time periods, pay a tonnage fee of $4 per wet ton to the Department (this payment is due within 31 days after the end of each semiannual period) that, after collection, is to be paid to the Comptroller for distribution into the Food Processing Residuals Administration Fund. B. For each of the quarterly time periods listed below, the person shall mail to the Department the information specified in §A of this regulation within 30 days from the close of the applicable time period: January 1 through March 31; April 1 through June 30; July 1 through September 30; and October 1 through December 31. If more than one person is involved in the transportation, storage, and land application of food processing residuals utilized at an agricultural operation, unless the persons otherwise agree, the person responsible for reporting the tonnage of material transported to the agricultural operation and paying the tonnage fee shall be the commercial broker, commercial hauler, or other person permitted to transport the material to an agricultural operation. Otherwise, this responsibility shall be performed by the person storing or land-applying this material at this site. The person responsible for reporting the tonnage of food processing residuals to the agricultural operation and paying the tonnage fee and shall be identified in the application or applications to utilize (e.g., transport, store, or land-apply) this material at the agricultural operation. If the tonnage report is not filed and the tonnage fee is not paid within 31 days after the end of the semiannual period, a collection fee shall be assessed against the permittee. The amount of fees due constitute a debt and may become the basis of a judgment against this person. A person who utilizes food processing residuals in the State shall keep records necessary or required by the Secretary to indicate accurately the tonnage of this material utilized in the State. The Secretary has the right to examine the records to verify any statement of tonnage. Agriculture Article, §§8-8A-01 et seq., Annotated Code of Maryland Effective date: Regulations 01.— .28 adopted as an emergency provision effective October 16, 2024 (51:23 Md. R. 1035); adopted permanently effective March 17, 2025 (52:5 Md. R. 238)