This chapter sets forth certain requirements for persons engaged in agricultural land management practices, with respect to sediment pollution control. Logging and timber removal operations regulated under COMAR 26.17.01 are not regulated under this chapter. In this chapter, the following terms have the meanings indicated. Terms not defined below have the meanings given them in the relevant statutes or, if not defined in statutes, the meanings attributed by common use. Terms Defined. “Conservation practice” means an agricultural land management practice that: Prevents or treats problems with soil, water, air, plant, and animal resources; and Has a standard method of construction or application developed by the Soil Conservation Service (SCS) that is listed in the Maryland Technical Guide, which is incorporated by reference in Regulation .04 of this chapter. “Corrective action water quality plan (CAWQP)” means that portion of a soil conservation and water quality plan prepared by, or under the direction of, and approved by the Soil Conservation District to address a specific sediment pollution violation. “Department” means the Department of the Environment. “District” means a local soil conservation district, a political subdivision of the State established in accordance with Agriculture Article, Title 8, Annotated Code of Maryland. “Erosion” means the process by which the land surface is worn away by the action of wind, water, ice, or gravity. “Implement” means to develop, establish, install, construct, and maintain a district-approved soil conservation and water quality plan (SCWQP). “Includes or including” means includes or including by way of illustration and not by way of limitation. “Person” means an individual, receiver, trustee, guardian, personal representative, fiduciary, or representative of any kind and any partnership, firm, association, corporation, or other entity that owns or leases agricultural land. “Sediment” means soils or other surficial materials transported or deposited by the action of wind, water, ice, gravity, or by other artificial means. “Soil conservation and water quality plan (SCWQP)” means a land use plan for a whole farm prepared by, or under the direction of, and approved by the district in accordance with the National Conservation Planning Manual, and the Maryland Technical Guide, which are incorporated by reference in Regulation .04 of this chapter, or other guidance documents which were in effect at the time of plan development, and the requirements of this chapter, to make the best possible use of soil and water resources, and to minimize the movement of sediment, animal wastes, nutrients, or agricultural chemicals into the waters of the State. “Waters of the State” means: Both surface and underground waters within the boundaries of this State subject to its jurisdiction, including that part of the Atlantic Ocean within the boundaries of this State, the Chesapeake Bay and its tributaries, and all ponds, lakes, rivers, streams, storm drain systems, tidal and nontidal wetlands, public ditches, tax ditches, and public drainage systems within this State other than those designed and used to collect, convey, or dispose of sanitary sewage; and The flood plain of free-flowing waters determined by the Department on the basis of the 100-year flood frequency. When areas of agricultural land or agricultural practices alleged to be in violation of Environment Article, §4-413(b), Annotated Code of Maryland, are included in an SCWQP which was approved by the district and was developed and implemented in accordance with the National Conservation Planning Manual and the Maryland Technical Guide, which are incorporated by reference in Regulation .04 of this chapter, or other guidance documents which were in effect at the time of plan development, the Department may not impose any penalties for a violation of Environment Article, §4-413(b), Annotated Code of Maryland, or this chapter on a person engaged in agricultural activities unless: The agricultural practices in use on the area of land alleged to be in violation of Environment Article, §4-413(b), Annotated Code of Maryland, are not those described in the SCWQP for that area; The conservation practices described in the SCWQP for the area alleged to be in violation of Environment Article, §4-413(b), Annotated Code of Maryland, are not constructed or implemented; Except for practices accepted under Regulation .06C and D of this chapter, the conservation practices described in the SCWQP for the area alleged to be in violation of Environment Article, §4-413(b), Annotated Code of Maryland, are not implemented or constructed in accordance with the SCS standards for conservation practices described in the Maryland Technical Guide, which is incorporated by reference in Regulation .04 of this chapter; or Agricultural practices exist on the person's agricultural operation which cause the approved conservation practices to fail to control sediment pollution, when the agricultural practices are: Practiced or constructed on an area which is not included in a district-approved SCWQP, or In an area included in an SCWQP, but not implemented or constructed in accordance with a district-approved SCWQP. The Maryland Technical Guide (Soil Conservation Service, United States Department of Agriculture, October, 1993) is incorporated by reference. The National Conservation Planning Manual (Soil Conservation Service, United States Department of Agriculture, June, 1978), including Amendments 1—7, is incorporated by reference. Department Responsibilities. The Department shall investigate any report to determine if agricultural sediment pollution in violation of Environment Article, §4-413(b), Annotated Code of Maryland, has occurred. The Department shall determine the appropriate actions to be taken to investigate reports of sediment problems. These actions may include: Notification to the person and the district of a report of sediment pollution, with a request for the person and the district to undertake cooperative efforts to prevent sediment pollution violations; or Inspection of sites with the district or independently. When the Department identifies and documents a sediment pollution violation, the Department may issue a written complaint specifying the laws or regulations allegedly violated and the facts that constitute a violation. After or concurrent with the service of the complaint, the Department may issue an order to the alleged violator to: Correct conditions which have resulted in the sediment pollution of the waters of the State; Obtain and implement a district-approved CAWQP which includes a schedule for its implementation; and Submit within 30 days a district-approved schedule for obtaining an SCWQP for the whole farm. The Department shall provide a copy of all written reports, complaints, and orders issued under this chapter to the district. As necessary, the Department may require a person to obtain district-approved modifications to approved CAWQPs and SCWQPs to reflect changes in the agricultural operation, pollution problems, and site conditions. District Responsibilities for Addressing Sediment Pollution Violations. The district's responsibilities include: Directing the preparation of, preparing, and approving CAWQPs and SCWQPs; Reviewing potential and actual erosion and sediment problem areas on site upon notification from the Department of a report of sediment pollution, and providing the technical assistance needed to prevent sediment pollution violations; Ensuring that those violations of Environment Article, §4-413(b), Annotated Code of Maryland, identified and documented by the Department in writing to alleged violators are addressed by the district-approved CAWQP and SCWQP, and that: All sediment violations shall be addressed by the preparation of a CAWQP, If an approved SCWQP exists, the violation shall be corrected through modification of the SCWQP; Directing preparation of, preparing, and approving CAWQPs within 45 days of a request for assistance from a person notified by the Department that a pollution violation exists; Approving CAWQP and SCWQP modifications to address sediment pollution violations as necessary to reflect changes in the agricultural operation, pollution problems, and site conditions, and providing the Department with a copy of the modifications within 10 days of the modification approval; Providing the Department, when requested, with written confirmation that all conservation practices included in a CAWQP or SCWQP to address the sediment violations documented by the Department are constructed or implemented in accordance with the Maryland Technical Guide, which is incorporated by reference in Regulation .04 of this chapter, or approved under Regulation .06C and D of this chapter; Providing to the Department a copy of all approved CAWQPs and SCWQPs for sites under investigation or which result from Departmental orders issued under this chapter; and Having the option to notify the Department when implementation or maintenance is not in substantial compliance with the approved CAWQP or SCWQP. SCWQPs shall conform to the SCS standards and criteria described in the Maryland Technical Guide, and the National Conservation Planning Manual, which are incorporated by reference in Regulation .04 of this chapter, or other guidance documents which were in effect at the time of plan development. Conservation practices included within an SCWQP shall be constructed and implemented in accordance with the Maryland Technical Guide, which is incorporated by reference in Regulation .04 of this chapter. Modified conservation practice standards may be substituted for the conservation practice standards in an SCWQP if the modified conservation practice standards: Provide prevention or control of sediment pollution equal to or better than that provided by conservation practice standards; Are recommended by the SCS; Are approved by the district; and Are accepted by the Department. Unusual, alternative, and innovative land management practices may be included in an SCWQP and substituted for conservation practices if the management practices: Provide prevention or control of sediment pollution equal to or better than that provided by conservation practices or provide prevention or control of sediment pollution that cannot be provided with conservation practices; Are recommended by the SCS; Are approved by the district; and Are accepted by the Department. A CAWQP adopted or modified after the effective date of this regulation shall include: The land owner's name, address, and telephone number; The lessee's name, address, and telephone number; The number of acres controlled by the plan; A narrative listing, describing, and locating all the sediment pollution violations cited by the Department on the farm which affect water quality, and identifying the specific conservation practices that are intended to correct each violation; The name, practice code number, and the effective date of the standard and specification for each conservation practice as found in the Maryland Technical Guide, which is incorporated by reference in Regulation .04 of this chapter; A schedule of when the conservation practices will be implemented; A map which includes the area of violation cited by the Department and which identifies the location of corrective measures to be implemented; A statement, in a format approved by the Department, which is signed and dated by the owner and lessee certifying that the CAWQP will be implemented as approved; and The name, address, and telephone number of the individual responsible for the implementation of the CAWQP. Actions by the Department. When the Department believes that a violation of Environment Article, §4-413, Annotated Code of Maryland, has occurred, it may cause a written complaint to be served upon the alleged violator in accordance with the provisions of Environment Article, Title 4, Subtitle 4, Annotated Code of Maryland. The complaint shall include a description of the conditions which result in the addition, leaking, spilling, emitting, or other introduction of soil or sediment to the waters of the State. The Department may issue an order after or concurrent with the complaint. Orders issued by the Department shall include: A description of the corrective actions which the person shall perform, including: Immediate actions necessary to correct the violations listed in the order, and Further actions necessary to correct the violations and prevent their recurrence; The time allowed for the person to perform the actions required in the order; The requirement to obtain and implement a CAWQP or a modified SCWQP; and The requirement to provide a district-approved time schedule to obtain an SCWQP. The Department shall serve all orders as prescribed in Environment Article, Title 4, Subtitle 4, Annotated Code of Maryland. Action Required on Receipt of an Order. On receipt of an order issued by the Department, a person shall perform the corrective actions specified in the order within the time specified. On receipt of an order issued by the Department to obtain or implement a CAWQP, a person shall prepare or have prepared a CAWQP that is in accordance with SCS standards and other criteria described in the National Conservation Planning Manual and the Maryland Technical Guide, which are incorporated by reference in Regulation .04 of this chapter, and the requirements of this chapter. A person shall implement the CAWQP in accordance with the schedule in the CAWQP unless the: Person notifies the Department, in writing, that due to exceptional circumstances beyond the control of the person, the CAWQP cannot be implemented within the time scheduled in the CAWQP, the exceptional circumstances are verified in writing by the district board, and the Department agrees to extend the time; or Property described in the order is no longer used for agricultural purposes and is no longer in a condition which adds, leaks, spills, emits, or otherwise introduces soil or sediment to the waters of the State, and the Department determines that the CAWQP need not be implemented. CAWQP Maintenance. A person implementing a district-approved CAWQP shall: Have available a copy of the CAWQP or, if applicable, the SCWQP; and Maintain the person's agricultural operation in accordance with the approved or modified CAWQP or SCWQP. Penalties. Enforcement penalties as provided in Environment Article, Title 4, Subtitles 4 and 5, Annotated Code of Maryland, may be imposed if one or more of the following conditions exists: The action necessary to comply with the Department's order has not begun or has not been completed on or before the date specified in the order; The owner or operator does not obtain a district-approved CAWQP; The district-approved CAWQP is not being implemented and maintained according to its terms and conditions; or A second or subsequent violation occurs and an SCWQP has not been prepared and implemented in accordance with the district-approved schedule. Environment Article, §§4-405 and 4-413, Annotated Code of Maryland Effective date: March 28, 1994 (21:6 Md. R. 468) Chapter recodified from COMAR 26.09.03 to COMAR 26.17.03, June 1996