reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 20 - SOIL AND WATER CONSERVATION › Chapter 15.20.04 - Nutrient Management Certification and Licensing › Section 15.20.04.04 - Certification Application and Examination Requirement

Current through Register Vol. 51, No. 14, July 12, 2024
A. To apply for the examination to be
				certified as a nutrient management consultant, an applicant shall file the
				following with the Department at least 15 days before any announced
				examination:
(1) An application on the form
				the Department requires;
(2) Proof
				of meeting one of the following:
(a) A
				school-authenticated college degree in an agriculturally related area, and 1
				year of practical experience acceptable to the Department in nutrient
				management planning, or
(b) A
				combination of education and practical experience related to nutrient
				management planning which is acceptable to the Department; and
(3) Except for a government
				agency, the applicable certification fee by check or money order.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 20 - SOIL AND WATER CONSERVATION › Chapter 15.20.04 - Nutrient Management Certification and Licensing › Section 15.20.04.05 - Examination

Current through Register Vol. 51, No. 14, July 12, 2024
A. Nutrient
				Management Consultants.
(1) The Department
				shall offer a certification examination for nutrient management consultants at
				least once a year. The Department shall give 30 days public notice of the time
				and place for each examination.
(2)
				The Department may provide required training or a list of study materials
				before any examination is given.
(3) The Department shall allow a candidate
				who fails a certification examination to take another examination if the
				candidate:
(a) Makes application to the
				Department 15 days before the next examination date; and
(b) Pays a certification fee.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 20 - SOIL AND WATER CONSERVATION › Chapter 15.20.04 - Nutrient Management Certification and Licensing › Section 15.20.04.06 - Certification

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department
				shall certify any individual as a nutrient management consultant or certified
				farm operator who:
(1) Meets the requirements
				of this chapter;
(2) Meets the
				Department's educational and experience requirements;
(3) Meets the Department's training
				requirements; and
(4) Passes a
				Department-approved examination.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 20 - SOIL AND WATER CONSERVATION › Chapter 15.20.04 - Nutrient Management Certification and Licensing › Section 15.20.04.07 - Employment Requirement

Current through Register Vol. 51, No. 14, July 12, 2024
An individual who is certified by the Department shall be
				  licensed or employed by a person licensed under this chapter if engaged in the
				  business of providing nutrient management plans. Individuals who are certified
				  may develop a nutrient management plan for the purposes of complying with
				  Regulation .09 of this chapter for land they own or operate without obtaining a
				  license.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 20 - SOIL AND WATER CONSERVATION › Chapter 15.20.04 - Nutrient Management Certification and Licensing › Section 15.20.04.08 - Certification Renewal

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				certificate is issued for 1 year and may be renewed for a 3-year term by:
(1) Submitting a renewal application on the
				form the Department requires;
(2)
				Except for a government agency or a farmer or operator doing a plan for land
				they manage, paying a renewal fee to the Department;
(3) Providing proof of satisfactory
				completion of continuing education, workshops, or other training programs
				approved by the Department that includes:
(a)
				At least 6 hours of training within the first year, and 12 hours thereafter
				within the 3-year term for certified consultants; or
(b) At least 2 hours of training within the
				first year, and 6 hours thereafter within the 3-year term for certified farm
				operators;
(4) Complying
				with all requirements on the preparation of a nutrient management plan;
				and
(5) Complying with all other
				requirements of this chapter.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 20 - SOIL AND WATER CONSERVATION › Chapter 15.20.04 - Nutrient Management Certification and Licensing › Section 15.20.04.09 - License Application

Current through Register Vol. 51, No. 14, July 12, 2024
An applicant for a license to engage in the business of
				  providing a nutrient management plan as provided by this chapter shall do the
				  following:
A. Submit to the Department
				an application on the form the Department requires;
B. Pay, except for a government agency, the
				applicable fee;
C. Have at least
				one individual who is a certified nutrient management consultant as provided by
				this chapter working under the license; and
D. Agree to comply with the requirements of
				this chapter.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 20 - SOIL AND WATER CONSERVATION › Chapter 15.20.04 - Nutrient Management Certification and Licensing › Section 15.20.04.10 - License Renewal

Current through Register Vol. 51, No. 14, July 12, 2024
A license is issued for 1 year and expires unless the
				  applicant renews the license for a 3-year term and qualifies by:
A. Submitting a renewal application on a form
				the Department requires;
B. Except
				for a government agency, paying a renewal fee to the Department;
C. Having a minimum of one individual who is
				a certified nutrient management consultant as provided by this chapter working
				under the license; and
D. Complying
				with the requirements of this chapter.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 20 - SOIL AND WATER CONSERVATION › Chapter 15.20.04 - Nutrient Management Certification and Licensing › Section 15.20.04.11 - Record-Keeping and Reporting Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. License Holder Record-Keeping and
				Reporting Requirements. A person who holds a license under this chapter shall
				keep records, and file with the Department by September 30 of each year an
				annual activity report covering the previous year (July 1 through June 30) that
				contains the following information:
(1) Name
				and number of the license holder;
(2) Name of the certified nutrient management
				consultant or consultants employed between the previous July 1 and June
				30;
(3) Number of nutrient
				management plans completed; and
(4)
				Acreage covered by the plan and by county and State watershed codes for this
				acreage.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 20 - SOIL AND WATER CONSERVATION › Chapter 15.20.04 - Nutrient Management Certification and Licensing › Section 15.20.04.12 - Denial, Suspension, or Revocation of Certificate or License

Current through Register Vol. 51, No. 14, July 12, 2024
After the opportunity for a hearing, the Department may deny,
				  suspend, or revoke the certification or license of any person who violates any
				  of the regulatory requirements of this chapter, including:
A. Providing misleading, false, or fraudulent
				information in applying for a certificate or license;
B. Providing the Department with any
				misleading, false, or fraudulent report;
C. Offering or preparing a certified nutrient
				management plan as provided by this chapter without a certificate and
				license;
D. Offering or preparing a
				nutrient management plan that does not comply with the requirements of COMAR
				15.20.08;
E. Failing to have a
				minimum of one certified nutrient management consultant working under a
				license;
F. Failing to promptly
				provide any report or to allow the Department access to inspect any record
				required to be kept by this chapter;
G. Failing to meet continuing education
				requirements.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 20 - SOIL AND WATER CONSERVATION › Chapter 15.20.04 - Nutrient Management Certification and Licensing › Section 15.20.04.13 - Administrative Penalty

Current through Register Vol. 51, No. 14, July 12, 2024
In addition to any other penalty authorized under this
				  chapter, a person who holds a license or certificate issued under this chapter
				  that fails to meet any of the reporting requirements and deadlines set forth in
				  Regulation .11 of this chapter is subject to an administrative penalty not
				  exceeding $250.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 20 - SOIL AND WATER CONSERVATION › Chapter 15.20.04 - Nutrient Management Certification and Licensing › Section 15.20.04.14 - Reinstatement of Certificate or License after Disciplinary Action

Current through Register Vol. 51, No. 14, July 12, 2024
Upon application for a certificate, any person whose
				  certificate is denied, suspended, or revoked may be required to retake the
				  certification examination.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 20 - SOIL AND WATER CONSERVATION › Chapter 15.20.05 - Manure Transportation Project › Section 15.20.05.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter
				describes the Department's voluntary Manure Transportation Project required by
				the Maryland Water Quality Improvement Act of 1998. The Project is intended to
				facilitate the transport of poultry manure and livestock manure from farms in
				all areas of the State that are subject to phosphorus overenrichment.
B. This Project is intended to encourage
				voluntary participation to remove or redirect at least 20 percent of the
				poultry manure produced in Dorchester, Somerset, Wicomico, and Worcester
				counties.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 20 - SOIL AND WATER CONSERVATION › Chapter 15.20.05 - Manure Transportation Project › Section 15.20.05.03 - Poultry and Livestock Cost-Share Programs

Current through Register Vol. 51, No. 14, July 12, 2024
A. Eligible Persons. The following persons,
				using the applicable Departmental forms, may apply to receive cost-share funds
				under the Department's Poultry and Livestock Cost-Share Programs:
(1) An eligible receiving
				operation;
(2) A broker who meets
				the requirements of Regulation .13 of this chapter; and
(3) An alternative use operation that meets
				the requirements of Regulation .09 of this chapter.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 20 - SOIL AND WATER CONSERVATION › Chapter 15.20.05 - Manure Transportation Project › Section 15.20.05.04 - Biosecurity and Other Environmental Safeguards

Current through Register Vol. 51, No. 14, July 12, 2024
A. Biosecurity Requirements. A person
				transporting manure under the Project shall comply with all applicable
				Departmental biosecurity and animal health requirements, including the
				following:
(1) For poultry and livestock
				manure:
(a) A transport vehicle shall contain
				the livestock or poultry manure within the cargo area or tank without any loss
				of material during transport on a public road or railway; and
(b) All equipment used to handle or transport
				manure shall be cleansed, washed, and disinfected before operating this
				equipment on or near another poultry or livestock operation; and
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 20 - SOIL AND WATER CONSERVATION › Chapter 15.20.05 - Manure Transportation Project › Section 15.20.05.05 - Minimum Distance Requirement

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				A person is not eligible to receive funds for transporting manure under the
				Project unless:
(1) For poultry manure, the
				production or storage site is at least 7 miles from the location where the
				manure may be used in a manner consistent with this chapter; and
(2) For livestock manure, the production or
				storage site is at least 1 mile from the location where the manure may be used
				in a manner consistent with this chapter.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 20 - SOIL AND WATER CONSERVATION › Chapter 15.20.05 - Manure Transportation Project › Section 15.20.05.06 - Manure Testing Requirement

Current through Register Vol. 51, No. 14, July 12, 2024
A person may not transport poultry or livestock manure under
				  the Project unless it has been tested within 2 years of the transport date. If
				  the manure has not been tested within this 2-year period, the person may seek
				  financial assistance from the Department to have it tested in accordance with
				  Departmental procedures. If the person is a broker, the person shall provide
				  the testing information to the person receiving the manure.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 20 - SOIL AND WATER CONSERVATION › Chapter 15.20.05 - Manure Transportation Project › Section 15.20.05.07 - Standard Cost-Share Process

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Applications to Transport Manure.
(1) To
				receive cost-share funds for transporting manure under the Standard Process,
				the applicant shall submit a signed, complete, accurate, and legible
				Departmental application, as follows:
(a) If
				a broker is submitting the application, the broker shall submit the application
				directly to the Department for review and approval; and
(b) If an eligible receiving operation is
				submitting the application, the operation shall submit the application to the
				local soil conservation district for a preliminary review which, following this
				review, will forward the application to the Department for final review and
				approval.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 20 - SOIL AND WATER CONSERVATION › Chapter 15.20.05 - Manure Transportation Project › Section 15.20.05.08 - Fast Track Process

Current through Register Vol. 51, No. 14, July 12, 2024
A. Application
				to Transport Manure. To receive cost-share funds for transporting manure under
				the Fast Track Process, the applicant, whether a broker or an eligible
				receiving operation, shall submit a signed, complete, accurate, and legible
				Departmental application directly to the Department that includes:
(1) The applicant's name, address, telephone
				number, and email address;
(2) The
				eligible receiving operation's name and address (if different than the
				applicant's name and address);
(3)
				For poultry manure:
(a) The name and address
				of the eligible sending operation; and
(b) The name of the commercial poultry
				producer that contracts with the eligible sending operation to grow
				poultry;
(4) For
				livestock manure, the name and address of the eligible sending
				operation;
(5) The date of the
				eligible receiving operation's most recent nutrient management plan;
(6) The name and certification number of the
				consultant who prepared the plan for the eligible receiving
				operation;
(7) A signed statement
				by the applicant to comply with the applicable Fast Track Process
				rules;
(8) A signed statement by
				the eligible receiving operation, if different than the applicant, to comply
				with the applicable Fast Track Process rules;
(9) Information pertaining to the fields on
				which the manure will be applied, including the field's property account
				identification number, its acreage, the crop to be raised, and the soil
				phosphorus data from the operation's most recent nutrient management plan;
				and
(10) Copies of soil tests and
				field maps.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 20 - SOIL AND WATER CONSERVATION › Chapter 15.20.05 - Manure Transportation Project › Section 15.20.05.09 - Alternative Use Process

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				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:
(1) The applicant's name, address, telephone
				number, and email address;
(2) For
				poultry manure:
(a) The farm name of the
				eligible sending operation and the owner or operator's name and address;
				and
(b) The name of the commercial
				poultry producer that contracts with the eligible sending operation to grow
				poultry;
(3) For
				livestock manure, the name of the eligible sending operation and the owner or
				operator's name and address; and
(4) The name and address of the approved
				alternative use operation.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 20 - SOIL AND WATER CONSERVATION › Chapter 15.20.05 - Manure Transportation Project › Section 15.20.05.10 - Poultry Manure Rail Export Process

Current through Register Vol. 51, No. 14, July 12, 2024
A. Application to Transport Manure. To
				receive cost-share funds for transporting manure under the Poultry Manure Rail
				Export Process, a person shall submit to the Department a signed, complete,
				accurate, and legible Departmental application that includes:
(1) The applicant's name, address, telephone
				number, and email address;
(2) The
				name and address of the eligible sending operation;
(3) The name of the commercial poultry
				producer that contracts with the eligible sending operation to grow
				poultry;
(4) A signed statement by
				the applicant to comply with the applicable Poultry Manure Rail Export Process
				rules;
(5) The location and
				distance between the railway depots at which the manure will be:
(a) Loaded onto rail cars before being
				shipped outside the Chesapeake Bay watershed; and
(b) Unloaded from rail cars after being
				shipped outside the Chesapeake Bay watershed;
(6) A statement that all applicable permits
				or approvals necessary for shipping the manure by rail have been
				obtained;
(7) Following shipment by
				rail outside the Chesapeake Bay watershed, the location or facility at which
				the manure will be stored before being transported to farms for land
				application; and
(8) Documentation
				that a performance bond or other security, as provided under Regulation .14 of
				this chapter, has been obtained.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 20 - SOIL AND WATER CONSERVATION › Chapter 15.20.05 - Manure Transportation Project › Section 15.20.05.11 - Cost-Share Rate

Current through Register Vol. 51, No. 14, July 12, 2024
A. Expenses
				eligible for State cost-share for an applicant shall be established by the
				Department based on the following:
(1) Either
				mileage or distance, or both, of manure transported;
(2) Amount of manure transported;
(3) Mode of transportation;
(4) Cost of analyzing manure before
				transporting;
(5) Cost of loading
				manure on transportation equipment;
(6) Cost of hauling manure from a producing
				or storage area to a receiving area; and
(7) Amount of matching cost-share funds to
				transport poultry manure provided by a commercial poultry producer for eligible
				costs, and the State's share as determined by the Department, which will
				consider factors including but not limited to the following when establishing
				the match:
(a) The amount of funds a
				commercial poultry producer has committed to provide during the fiscal
				year;
(b) The amount of State funds
				available for the Project; and
(c)
				Demand for Project funds.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 20 - SOIL AND WATER CONSERVATION › Chapter 15.20.05 - Manure Transportation Project › Section 15.20.05.12 - Commercial Poultry Producer Participation

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department shall enter into a written
				agreement with each commercial poultry producer participating in the Project.
				The written agreement shall set forth, at a minimum, the following:
(1) The responsibilities of the participating
				commercial poultry producer;
(2)
				The responsibilities of the Department;
(3) The amount of financial support for
				payment of eligible costs that the participating commercial poultry producer
				shall provide to the Project on an annual basis;
(4) The manner by which the Department shall
				calculate and collect eligible costs from the participating commercial poultry
				producer; and
(5) An express
				commitment by the participating commercial poultry producer that it may not:
(a) Pass on part or all of its Project
				participation costs to any poultry grower with which it contracts; or
(b) Penalize a poultry grower for
				participating in the Project.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 20 - SOIL AND WATER CONSERVATION › Chapter 15.20.05 - Manure Transportation Project › Section 15.20.05.13 - Cost-Share Program - Manure Broker Participation

Current through Register Vol. 51, No. 14, July 12, 2024
A. Poultry Manure. To receive cost-share for
				transporting poultry manure, a manure broker participating in the Project
				shall:
(1) Obtain manure only from an
				eligible sending operation;
(2)
				Unless storing the manure as provided in §A(3) of this regulation,
				directly transport the manure only to an eligible receiving operation, an
				alternative use facility, or a person outside the Chesapeake Bay watershed
				under the Poultry Manure Rail Export Process;
(3) If unable to transport the manure as
				provided in §A(2) of this regulation, stockpile or store the manure as
				provided in Regulation .04 of this chapter in a manner that protects the manure
				from rainfall, runoff, or leaching;
(4) Maintain for a minimum of 3 years from
				date of transport inventory records which show:
(a) The name of the eligible sending
				operation and the amount of manure obtained from that person;
(b) If the manure is land-applied, the name
				of the eligible receiving operation and the amount of manure transported to
				that person; and
(c) The amount of
				manure stored or stockpiled;
(5) Allow the Department to review inventory
				records during normal business hours;
(6) Obtain all applicable permits or
				approvals to operate a facility to store or stockpile; and
(7) Obtain a performance bond or other
				security, as provided under Regulation .14 of this chapter.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 20 - SOIL AND WATER CONSERVATION › Chapter 15.20.05 - Manure Transportation Project › Section 15.20.05.14 - Bond or Security

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				broker or alternative use operation shall file with the Department a bond, or
				other security, on a form satisfactory to the Department. The bond shall be
				payable to the Department, and the obligation of the bond shall be conditioned
				upon fulfilling the cost-share agreement and manure stockpiling and storage
				requirements provided in this chapter.
B. The Department may waive the bonding and
				security requirements for a participant if the participant:
(1) Stockpiles or stores 500 tons of manure
				or less; and
(2) Has contingency
				plans to relocate the manure, which are provided and acceptable to the
				Department.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 20 - SOIL AND WATER CONSERVATION › Chapter 15.20.05 - Manure Transportation Project › Section 15.20.05.15 - Project - Annual Reporting

Current through Register Vol. 51, No. 14, July 12, 2024
On or before July 1 of each year, the Department shall submit
				  to the General Assembly a report detailing the:
A. Participation levels in the
				Project;
B. Total amount of manure
				transported to and from each county in the State; and
C. Amount of funds distributed by the State
				and each participating commercial poultry producer for the preceding
				year.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 20 - SOIL AND WATER CONSERVATION › Chapter 15.20.05 - Manure Transportation Project › Section 15.20.05.16 - Compliance Provisions

Current through Register Vol. 51, No. 14, July 12, 2024
If a person fails to comply with the requirements of this
				  chapter, or any agreement established under this chapter, the Department
				  may:
A. Exclude that person from
				future participation in the Project; and
B. Hold the person liable for the full amount
				of funds paid.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 20 - SOIL AND WATER CONSERVATION › Chapter 15.20.06 - Nutrient and CommercialFertilizerApplicationRequirementsfor Agricultural Land › Section 15.20.06.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter requires a person who applies nutrients to more
				  than 10 acres of agricultural land, which that person owns or manages,
				  to:
A. Have an applicator voucher from
				the Department;
B. Be a certified
				farm operator;
C. Be a certified
				nutrient management consultant; or
D. Hire a certified nutrient management
				consultant.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 20 - SOIL AND WATER CONSERVATION › Chapter 15.20.06 - Nutrient and CommercialFertilizerApplicationRequirementsfor Agricultural Land › Section 15.20.06.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				the following terms have the meaning indicated.
B. Terms Defined.
(1) Agricultural Land.
(a) "Agricultural land" means more than 10
				acres of land used to produce food, feed, fiber, sod, animals, plants, trees,
				or plants in containers, or for out-of-ground production.
(b) "Agricultural land" includes smaller,
				noncontiguous land parcels that total more than 10 acres.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 20 - SOIL AND WATER CONSERVATION › Chapter 15.20.06 - Nutrient and CommercialFertilizerApplicationRequirementsfor Agricultural Land › Section 15.20.06.03 - Application of Nutrients to Agricultural Land

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person who owns or operates agricultural
				land may not apply any nutrient to more than 10 acres of that land, unless that
				person:
(1) Holds an applicator voucher from
				the Department verifying the completion of the Department's educational
				requirements;
(2) Is a certified
				farm operator; or
(3) Is a
				certified nutrient management consultant.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 20 - SOIL AND WATER CONSERVATION › Chapter 15.20.06 - Nutrient and CommercialFertilizerApplicationRequirementsfor Agricultural Land › Section 15.20.06.04 - For-Hire Application of Nutrients to Agricultural Land

Current through Register Vol. 51, No. 14, July 12, 2024
A person who for-hire applies nutrients to agricultural land
				  shall:
A. Be a certified nutrient
				management consultant or work under the supervision of a consultant;
B. Make available, upon request of the
				landowner or operator, documentation in the form of a certificate, work order,
				or other similar document, that the applicator is:
(1) A certified nutrient management
				consultant, or
(2) Working under
				the supervision of a certified nutrient management consultant;
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 20 - SOIL AND WATER CONSERVATION › Chapter 15.20.06 - Nutrient and CommercialFertilizerApplicationRequirementsfor Agricultural Land › Section 15.20.06.05 - Record-Keeping and Reporting Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A person who for-hire applies nutrients to agricultural land
				  shall:
A. Keep records when applying
				nutrients, to document that the applicator is:
(1) Certified by the Department as a nutrient
				management consultant;
(2)
				Certified as a nutrient management consultant by an entity with a reciprocal
				certification program with the Department; or
(3) Supervised by a person complying with
				requirements in §A(1)(a) or (b) of this regulation.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 20 - SOIL AND WATER CONSERVATION › Chapter 15.20.06 - Nutrient and CommercialFertilizerApplicationRequirementsfor Agricultural Land › Section 15.20.06.06 - Denial, Suspension, or Revocation of Certificate or Voucher

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department
				may deny, suspend, or revoke the certification or applicator voucher of a
				person who violates any requirement of this chapter, including:
(1) Providing misleading, false, or
				fraudulent information;
(2) Failing
				to meet the educational or continuing education requirements of this chapter;
				or
(3) Failing to apply, or to
				supervise the application of, nutrients as required by this chapter.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 20 - SOIL AND WATER CONSERVATION › Chapter 15.20.07 - Agricultural Operation Nutrient Management Plan Requirements › Section 15.20.07.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter applies to a farm or agricultural operator and
				  requires the operator to develop and implement nitrogen-based and
				  phosphorus-based nutrient management plans for a farm or agricultural operation
				  by certain deadlines.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 20 - SOIL AND WATER CONSERVATION › Chapter 15.20.07 - Agricultural Operation Nutrient Management Plan Requirements › Section 15.20.07.02 - Incorporation by Reference

Current through Register Vol. 51, No. 14, July 12, 2024
The performance and technical standards provided in this
				  subtitle are found in the Department of Agriculture's Maryland Nutrient
				  Management Manual (November 1999), Supplement No. 1 (September 2000),
				  Supplement No. 2 (November 2001), Supplement No. 3 (September 2004), Supplement
				  No. 4 (November 2005), Supplement No. 5 (November 2006), Supplement No. 6 (May
				  2009), Supplement No. 7 (May 2012), Supplement No. 8 (August 2016), and
				  Supplement No. 9 (June 2022), which are incorporated by
				  reference.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 20 - SOIL AND WATER CONSERVATION › Chapter 15.20.07 - Agricultural Operation Nutrient Management Plan Requirements › Section 15.20.07.03 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				the following terms have the meaning indicated.
B. Terms Defined.
(1) "Agricultural operation" means a business
				or activity that:
(a) 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,
				container, or other culture; and
(b) Has a gross annual income of $2,500 or
				more, or has eight or more animal units.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 20 - SOIL AND WATER CONSERVATION › Chapter 15.20.07 - Agricultural Operation Nutrient Management Plan Requirements › Section 15.20.07.04 - Nutrient Management Plan-Plan Development and Implementation Deadlines

Current through Register Vol. 51, No. 14, July 12, 2024
A. An operator
				shall develop and implement a nutrient management plan for the operator's
				agricultural operation, according to the following deadlines:
(1) An operator who uses chemical fertilizer
				in an agricultural operation shall:
(a)
				Develop a nutrient management plan addressing both nitrogen and phosphorus as
				the limiting nutrients on that agricultural operation by December 31, 2001,
				and
(b) Implement the plan by
				December 31, 2002;
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 20 - SOIL AND WATER CONSERVATION › Chapter 15.20.07 - Agricultural Operation Nutrient Management Plan Requirements › Section 15.20.07.05 - Nutrient Management Plan Implementation Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. An operator who uses chemical fertilizer,
				animal manure, or biosolids, as provided in Regulation .04A of this chapter,
				shall have a nutrient management plan that shall:
(1) Be prepared by a certified nutrient
				management consultant or by the farm operator, if certified in accordance with
				this subtitle;
(2) Be prepared
				according to the schedule set forth in Regulation .04A or B of this chapter by
				using the limiting nutrient determination described in COMAR
				15.20.08.05E;
				and
(3) Address the following
				existing factors:
(a) All aspects of the
				agricultural operation, including tillage, cropping, pasture, or production of
				an agricultural product, such as plants, trees, sod, food, feed, animals, and
				fiber;
(b) Identification,
				management, and disposition of all primary nutrients produced on, imported to,
				and exported from the agricultural operation;
(c) Manure management conditions that protect
				water quality and improve manure utilization, and:
(i) Encompass all land where animals are kept
				and all land used for manure storage, treatment, or utilization that is under
				the control of the agricultural operator,
(ii) Contain or manage manure to minimize the
				potential for nutrient loss or runoff before export to other agricultural
				operations or receiving facilities when agricultural operators have
				insufficient land to utilize manure and waste nutrients associated with animal
				production, and
(iii) Minimize the
				potential for nutrient loss or runoff prior, during, and after application when
				an agricultural operator imports animal manure or waste nutrients associated
				with animal production for nutrient application on the operator's
				land.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 20 - SOIL AND WATER CONSERVATION › Chapter 15.20.07 - Agricultural Operation Nutrient Management Plan Requirements › Section 15.20.07.07 - Administrative Penalty for Failure to Have, Implement, or Comply with a Nutrient Management Plan

Current through Register Vol. 51, No. 14, July 12, 2024
A. An operator
				who does not have a nutrient management plan that meets the requirements of
				this chapter is subject to a written warning for a first violation. If an
				operator fails to obtain a nutrient management plan after a reasonable period
				of time following receipt of this notice, the operator is subject to an
				administrative penalty of not less than $100 and not more than $250 for this
				violation and any subsequent violation for failing to obtain the requisite
				nutrient management plan.
B. An
				operator who fails to implement or otherwise comply with a nutrient management
				plan that meets the requirements of this chapter is subject to a written
				warning for a first violation. If, following a reasonable period of time from
				receipt of this notice, an operator fails to implement or otherwise comply with
				a plan that meets the requirements of this chapter, the operator is subject to
				an administrative penalty for a second or subsequent violation of not more than
				$500 for each violation, but not exceeding $5,000 per operator per calendar
				year.
C. If the violation involved
				the knowing application of phosphorus to a field or management unit where,
				because of the field or management unit's soil characteristics, Department
				regulations prohibit the application of phosphorous, the administrative penalty
				imposed on an operator under §B of this regulation may not be less than
				$250.
D. The Department shall
				consider the following when assessing a civil penalty under §B of this
				regulation:
(1) The willfulness of the
				violation, the extent to which the existence of the violation was known to the
				violator, but uncorrected by the violator, and the extent to which the violator
				exercised reasonable care;
(2) Any
				actual harm to human health or to the environment or the natural resources of
				this State;
(3) The available
				technology and economic reasonableness of controlling, reducing, or eliminating
				the violation; and
(4) The extent
				to which the current violation is part of a recurrent pattern of the same or
				similar type of violation committed by the violator.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 20 - SOIL AND WATER CONSERVATION › Chapter 15.20.07 - Agricultural Operation Nutrient Management Plan Requirements › Section 15.20.07.08 - Administrative Penalties for Failure to File Annual Implementation Report

Current through Register Vol. 51, No. 14, July 12, 2024
A. If a person
				fails to file an annual implementation report with the Department in a timely
				manner as provided under Regulation .06A(3) of this chapter, the Department
				shall notify the person that:
(1) The person
				is in violation of the requirement to file an annual implementation report;
				and
(2) The person is subject to:
(a) After 30 days from issuance of the
				notice, an administrative penalty of not less than $100 and not more than $250
				if the person fails to submit the report within 60 days from its
				issuance;
(b) After 60 days from
				issuance of the notice, an enhanced administrative penalty of not less than
				$250 and not more than $1000 if the person fails to submit the report within 90
				days from its issuance; and
(c)
				After 90 days from issuance of the notice, a further enhanced administrative
				penalty of not less than $1000 if the person fails to submit the report within
				91 days from its issuance.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 20 - SOIL AND WATER CONSERVATION › Chapter 15.20.08 - Content and Criteria for a Nutrient Management Plan Developed for an Agricultural Operation › Section 15.20.08.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter
				describes the:
(1) Content requirements for a
				nutrient management plan;
(2)
				Requirements for plan recommendations by a certified nutrient management
				consultant or certified farm operator; and
(3) Requirements for the implementation of a
				nutrient management plan by a person who manages an agricultural
				operation.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 20 - SOIL AND WATER CONSERVATION › Chapter 15.20.08 - Content and Criteria for a Nutrient Management Plan Developed for an Agricultural Operation › Section 15.20.08.02 - Incorporation by Reference

Current through Register Vol. 51, No. 14, July 12, 2024
The performance and technical standards provided in this
				  subtitle are found in the Department of Agriculture's Maryland Nutrient
				  Management Manual, which is incorporated by reference in COMAR
				  15.20.07.02D.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 20 - SOIL AND WATER CONSERVATION › Chapter 15.20.08 - Content and Criteria for a Nutrient Management Plan Developed for an Agricultural Operation › Section 15.20.08.04 - Nutrient Management-Required Plan Content

Current through Register Vol. 51, No. 14, July 12, 2024
A. A certified nutrient management consultant
				or certified farm operator shall prepare, and an operator shall have and
				implement, a nutrient management plan that conforms to the requirements in
				§§B-G of this regulation.
B. Plan Identification. A plan shall contain:
(1) The operator name and address;
(2) The account identification number or
				numbers for all tax maps and parcels contained in the plan;
(3) A county and watershed code of all land
				under a nutrient management plan;
(4) The date the plan was prepared or
				updated;
(5) The period of time the
				plan covers;
(6) The name,
				certification, and license number of the certified nutrient management
				consultant responsible for the plan development; and
(7) The name and certification number of the
				certified farm operator responsible for the plan development.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 20 - SOIL AND WATER CONSERVATION › Chapter 15.20.08 - Content and Criteria for a Nutrient Management Plan Developed for an Agricultural Operation › Section 15.20.08.05 - Nutrient Management-Required Plan Recommendations

Current through Register Vol. 51, No. 14, July 12, 2024
A. A certified nutrient management consultant
				or certified farm operator shall address all of the elements and use the
				criteria described in §§B-I of this regulation to determine
				recommendations in a nutrient management plan. A consultant's or certified farm
				operator's recommendations shall be consistent with the Department technical
				standards and criteria as provided in the Maryland Nutrient Management Manual,
				Sections I, II, and III.
B.
				Nutrient Rates.
(1) Nutrient rates of the
				primary nutrients shall be calculated for plant growth requirements of the
				crop.
(2) Plant growth requirements
				shall be based on one of the following:
(a)
				University of Maryland Plant or Crop Nutrient Recommendations, as provided in
				the Maryland Nutrient Management Manual, Section I-B; or
(b) Alternative standards, as provided in
				scientifically validated data for the development of a nutrient management plan
				acceptable to the Department.
(3) A consultant or certified farm operator
				may recommend the use of lime, secondary nutrients, or micronutrients needed
				for optimal plant growth.
(4) A
				consultant or certified farm operator may recommend nutrient rates that deviate
				from University of Maryland Plant or Crop Nutrient Recommendations and
				alternative standards provided in the Maryland Nutrient Management Manual,
				Section I-B, for application on farm test plots with prior approval from the
				Department.
(5) A consultant or
				certified farm operator may recommend nutrient rates based on a single variety
				tissue sample when used in conjunction with a soil sample.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 20 - SOIL AND WATER CONSERVATION › Chapter 15.20.08 - Content and Criteria for a Nutrient Management Plan Developed for an Agricultural Operation › Section 15.20.08.06 - Nutrient Management-Phosphorus Site Index

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as provided in §F of this
				regulation, if the soil sample analysis results show a phosphorus fertility
				index value of 150 or greater, the Phosphorus Site Index, as provided in the
				Maryland Nutrient Management Manual, Section II-C1, shall be used to determine
				the potential risk of phosphorus loss due to site characteristics.
B. Low Risk of Potential Phosphorus Loss. If
				the risk for potential loss of phosphorus from the site is low according to the
				Phosphorus Site Index, nutrient recommendations by the consultant or certified
				farm operator may use nitrogen plant needs as the limiting factor.
C. Medium Risk of Potential Phosphorus Loss.
(1) Except as provided in §C(2) of this
				regulation, if the risk for potential loss of phosphorus from the site is
				medium according to the Phosphorus Site Index, nutrient rates shall be based on
				nitrogen plant needs as the limiting factor not more than 1 out of every 3
				years. Phosphorus rates for the other 2 years shall be limited to the expected
				amount removed from the field by the planned crop or plant rotation immediately
				following the phosphorus application, not to exceed two crops, or the amount
				indicated by soil testing, in accordance with the recommendations described in
				the Maryland Nutrient Management Manual, Section I-B, whichever is
				greater.
(2) Nutrient
				recommendations may use nitrogen plant needs as the limiting factor if BMPs are
				implemented by the operator before or during the application of additional
				phosphorus that address site or management characteristics which, according to
				the outcome of a recalculation using the Phosphorus Site Index, reduce the risk
				of phosphorus loss to low.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 20 - SOIL AND WATER CONSERVATION › Chapter 15.20.08 - Content and Criteria for a Nutrient Management Plan Developed for an Agricultural Operation › Section 15.20.08.07 - Nutrient Management-Phosphorus Transition Management Phase I

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as
				provided in §E of this regulation, if the soil sample analysis results
				show a phosphorus fertility index value of 150 or greater, the Phosphorus
				Management Tool, as provided in the Maryland Nutrient Management Manual,
				Section II-C2, shall be used to determine the potential risk of phosphorus loss
				due to site characteristics.
B. Low
				Risk of Potential Phosphorus Loss.
(1) If the
				risk for potential loss of phosphorus from the site is low according to the
				Phosphorus Management Tool, nutrient recommendations by the consultant or
				certified farm operator may use nitrogen plant needs as the limiting
				factor.
(2) Nutrient applications
				shall not exceed the amount of phosphorus removed by the planned crop over a
				3-year period.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 20 - SOIL AND WATER CONSERVATION › Chapter 15.20.08 - Content and Criteria for a Nutrient Management Plan Developed for an Agricultural Operation › Section 15.20.08.08 - Nutrient Management-Phosphorus Transition Management Phase II

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as
				provided in §E of this regulation, if the soil sample analysis results
				show a phosphorus fertility index value of 150 or greater, the Phosphorus
				Management Tool, as provided in the Maryland Nutrient Management Manual,
				Section II-C2, shall be used to determine the potential risk of phosphorus loss
				due to site characteristics.
B. Low
				Risk of Potential Phosphorus Loss. If the risk for potential loss of phosphorus
				from the site is low according to the Phosphorus Management Tool, total
				phosphorus applications related to crops anticipated to be planted in a 3-year
				period shall not exceed the amount of phosphorus removed by the planned crops
				over the 3-year period, or the amount indicated by soil testing, in accordance
				with the recommendations described in the Maryland Nutrient Management Manual,
				Section I-B, whichever is greater.
C. Medium Risk of Potential Phosphorus Loss.
(1) Except as provided in §C(2) of this
				regulation, if the risk for potential loss of phosphorus from the site is
				medium according to the Phosphorus Management Tool, total phosphorus
				applications related to crops anticipated to be planted in a 2-year period
				shall not exceed the amount of phosphorus removed by the planned crops over the
				2-year period, or the amount indicated by soil testing, in accordance with the
				recommendations described in the Maryland Nutrient Management Manual, Section
				I-B, whichever is greater.
(2) If
				BMPs are implemented by the operator before or during the application of
				additional phosphorus that address site or management characteristics which,
				according to the outcome of a recalculation using the Phosphorus Management
				Tool, reduce the risk of phosphorus loss to low, nutrient rates may be
				established as provided by §B of this regulation.