<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".04" citation="COMAR 15.20.11.04" title_num="15" subtitle_num="20" chapter_num="11" heading="Certification Process — Agricultural Certainty.">
  <paragraph num="A.">
    <text>A person who applies for certification for an operation shall submit to the Department the following:</text>
    <paragraph num="(1)">
      <text>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;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>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;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>A map identifying the location and boundaries of the operation showing field identification numbers and location of BMPs;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>A current NMP that is fully implemented and is developed for the operation in accordance with regulations adopted by the Department; and</text>
    </paragraph>
    <paragraph num="(5)">
      <text>A report from a certified verifier engaged by the applicant that contains the information specified in §B of this regulation.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>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:</text>
    <paragraph num="(1)">
      <text>Inspect the operation before making the report;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Review all relevant records, including but not limited to those provided in §A of this regulation; and</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Prepare a report on a Department form, supplemented by the verifier, that confirms the following:</text>
      <paragraph num="(a)">
        <text>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;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>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;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>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</text>
      </paragraph>
      <paragraph num="(d)">
        <text>No deficiencies exist and no corrective measures are needed on the operation.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>A person who holds an interest in an operation may not act as a certified verifier for that operation.</text>
  </paragraph>
  <paragraph num="D.">
    <text>Prior to approving an application for certification under the Program, the Department:</text>
    <paragraph num="(1)">
      <text>Shall review the application and information submitted to assure that it is complete, true, and accurate and notify the applicant of any deficiencies;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>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:</text>
      <paragraph num="(a)">
        <text>The operation holds or has applied for a permit from MDE;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>MDE will participate in an inspection of the operation, with the verifier if requested by MDE; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Either:</text>
        <paragraph num="(i)">
          <text>MDE approves the operation, if the operation holds or has applied for a permit from MDE, for participation in the Program; or</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>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;</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>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;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Shall review information submitted by the certified verifier to assure that it meets the requirements set forth in this chapter;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>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</text>
    </paragraph>
    <paragraph num="(6)">
      <text>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.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>A certification may be approved if the Department determines that an operation:</text>
    <paragraph num="(1)">
      <text>Meets the laws, regulations, rules, and permit conditions applicable to the operation at the time of certification;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Has no outstanding conditions resulting in movement of nitrogen, phosphorus, or sediment that impacts water quality;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Receives approval from MDE if the operation is permitted or has an application submitted to be permitted by MDE;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Is managed under a current SCWQP that fully implements BMPs to address all nitrogen, phosphorus, and sediment runoff on the operation;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Manages fertility using a current NMP fully implemented in accordance with COMAR 15.20.07 and 15.20.08;</text>
    </paragraph>
    <paragraph num="(6)">
      <text>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;</text>
    </paragraph>
    <paragraph num="(7)">
      <text>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</text>
    </paragraph>
    <paragraph num="(8)">
      <text>Enters into the Certainty agreement required under §F of this regulation.</text>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>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:</text>
    <paragraph num="(1)">
      <text>Continued compliance with applicable local, State, and federal laws, regulations, and permit requirements pertaining to nitrogen, phosphorus, and sediment control;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Maintenance and full implementation of a current NMP;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Maintenance of BMPs that address nitrogen, phosphorus, and sediment control, and are part of the SCWQP and any other BMPs necessary to achieve certification;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Meeting record-keeping and annual reporting requirements;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>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;</text>
    </paragraph>
    <paragraph num="(6)">
      <text>Agreeing to notify the Department no later than 60 days prior to any change in the owner or operator;</text>
    </paragraph>
    <paragraph num="(7)">
      <text>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</text>
    </paragraph>
    <paragraph num="(8)">
      <text>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.</text>
    </paragraph>
  </paragraph>
</regulation>