<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".09" citation="COMAR 15.20.05.09" title_num="15" subtitle_num="20" chapter_num="05" heading="Alternative Use Process.">
  <paragraph num="A.">
    <text>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:</text>
    <paragraph num="(1)">
      <text>The applicant’s name, address, telephone number, and email address;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>For poultry manure:</text>
      <paragraph num="(a)">
        <text>The farm name of the eligible sending operation and the owner or operator’s name and address; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The name of the commercial poultry producer that contracts with the eligible sending operation to grow poultry;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>For livestock manure, the name of the eligible sending operation and the owner or operator’s name and address; and</text>
    </paragraph>
    <paragraph num="(4)">
      <text>The name and address of the approved alternative use operation.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Participation Requirements for Alternative Use Operations. To participate as an alternative use operation under the Project, the operation shall:</text>
    <paragraph num="(1)">
      <text>Submit the following information to the Department:</text>
      <paragraph num="(a)">
        <text>Documentation regarding planned use or treatment of any nutrient-enriched byproducts produced from the processing of manure;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Documentation of proof of compliance and evidence that all applicable permits or approvals to operate a facility have been obtained;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Documentation, if not covered by a permit, regarding efforts to minimize environmental impacts during the manufacturing or processing of products containing manure;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>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;</text>
      </paragraph>
      <paragraph num="(e)">
        <text>The location and manner of storing or stockpiling manure that protects it from rainfall, runoff, and leaching; and</text>
      </paragraph>
      <paragraph num="(f)">
        <text>Documentation that a performance bond or other security, as provided under Regulation .14 of this chapter, has been obtained; and</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>Agree to:</text>
      <paragraph num="(a)">
        <text>Obtain manure only from an eligible sending operation;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Use manure in an environmentally acceptable way, as determined by the Department, other than by direct land application in an unprocessed form;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Handle and transport manure in accordance with all biosecurity and environmental safeguards as provided under Regulation .04 of this chapter;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>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</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Maintain inventory records for at least 3 years from date of payment, showing:</text>
        <paragraph num="(i)">
          <text>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;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>The amount of manure obtained from that producer;</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>The amount of manure stored daily and amount of each type of product or byproduct processed or produced daily;</text>
        </paragraph>
        <paragraph num="(iv)">
          <text>The amount of commodities or additives blended or processed;</text>
        </paragraph>
        <paragraph num="(v)">
          <text>The name of the receiver or receivers of the product or byproduct produced, including address, telephone number, and location; and</text>
        </paragraph>
        <paragraph num="(vi)">
          <text>The amount of product or byproduct shipped to each receiver.</text>
        </paragraph>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Cost-share rates are established in Regulation .11 of this chapter, and the payment to an alternative use participant shall be based on:</text>
    <paragraph num="(1)">
      <text>Transporting manure either:</text>
      <paragraph num="(a)">
        <text>From an eligible sending operation to an alternative use facility; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>From the alternative use facility to the receiver of the processed product; and</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>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.</text>
    </paragraph>
  </paragraph>
</regulation>