Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 20 - SOIL AND WATER CONSERVATION › Chapter 15.20.11 - Agricultural Certainty Program › Section 15.20.11.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				the following terms have the meanings indicated.
B. Terms Defined.
(1) "Agricultural Certainty", "Certainty", or
				"Program" means the Maryland Agricultural Certainty Program.
(2) "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.
(3) "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.
(4) "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.
(5) "Certainty agreement"
				means a written agreement between the owner or operator of an agricultural
				operation and the Department, as provided under this chapter.
(6) "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.
(7) "Department" or "MDA"
				means Maryland Department of Agriculture.
(8) "Department of the Environment" or "MDE"
				means the Maryland Department of the Environment.
(9) "Farm parcel" means agricultural land
				that is separately described by deed or tax parcel.
(10) "Holds an interest" means a person who:
(a) Has any ownership interest or any other
				legal or equitable interest in an operation;
(b) Has any outside employment relationship
				with the owner or operator of the operation; or
(c) 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.
(11) "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.
(12) "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.
(13) "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:
(a) Minimize nutrient loss or runoff; and
(b) Maintain the productivity of
				soil when growing agricultural products.
(14) "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.
(15) "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.
(16) "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.
(17) "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.