<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".13" citation="COMAR 15.20.08.13" title_num="15" subtitle_num="20" chapter_num="08" heading="Nutrient Management—Required Plan Recommendations for Container or Out-of-Ground Production.">
  <paragraph num="A.">
    <text>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:</text>
    <paragraph num="(1)">
      <text>The label recommendations on fertilizer products for the plants being grown or similar plants;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The recommendations of the University of Maryland Cooperative Extension for the specific plants being grown or for similar plants;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The recommendation from other state universities for the specific plants being grown or for similar plants;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>The data from research done by accredited universities on the specific plants being grown or similar plants;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>The general nutrition guidelines for similar plants; or</text>
    </paragraph>
    <paragraph num="(6)">
      <text>Any generally accepted growing practices for plants under comparable growing conditions.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Management Recommendations.</text>
    <paragraph num="(1)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>For growing areas where there is medium risk of nutrient movement:</text>
      <paragraph num="(a)">
        <text>Management recommendations shall be made to minimize the risk of nutrients moving to, or reaching, surface waters; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>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.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>For growing areas where there is high risk of nutrient movement:</text>
      <paragraph num="(a)">
        <text>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;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>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</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Only controlled release fertilizer shall be recommended for use until management changes reduce the risk of nutrient loss to medium.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(5)">
      <text>In recommending field or management unit practices to reduce or minimize nutrient losses, a consultant or certified farm operator shall consider the following:</text>
      <paragraph num="(a)">
        <text>The appropriate nutrient application methods;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Nutrient application timing; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Any plant nutrient needs.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(6)">
      <text>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.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>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:</text>
    <paragraph num="(1)">
      <text>The periods for monitoring when plant nutrients can reasonably be expected to be available;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>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</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The frequency of sampling for nutrients:</text>
      <paragraph num="(a)">
        <text>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</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Where the risk of impacting surface water is medium or high, monitoring recommendations shall be conducted monthly when nutrients are being applied.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>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.</text>
  </paragraph>
</regulation>