reglab/statecodes huggingface dataset:
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 15.20.08.09 - Nutrient Management-Phosphorus Management Tool

Current through Register Vol. 51, No. 14, July 12, 2024
A. 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.
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,
				phosphorus rates shall be limited to the expected amount removed from the field
				by the 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) 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.
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 15.20.08.10 - Summary Schedule - Transition from Phosphorus Site Index to Phosphorus Management Tool

Current through Register Vol. 51, No. 14, July 12, 2024
7-YEAR TRANSITION SCHEDULE*
Crop Year (July 1, previous year-June 30)
Crop Year**
2016
2017
2018
2019
2020
2021
2022
Average P FIV >450 (Tier C Operations)
PSI
PSI
TM1
TM1
TM2
TM2
PMT
Average P FIV 300-450 (Tier B Operations)
PSI
PSI
PSI
TM1
TM2
TM2
PMT
Average P FIV 150-299 (Tier A Operations)
PSI
PSI
PSI
PSI
TM1
TM2
PMT
PSI-Phosphorus Site Index
TM1-Transition Management Phase 1
TM2-Transition Management Phase 2
PMT-Phosphorus Management Tool
*The 7-Year transition period assumes that the Department, in
				  consultation with the Phosphorus Management Tool Transition Advisory Committee
				  does not make any adjustments to the transition schedule as provided for in
				  this chapter.
**The term "crop year" means the 1-year period beginning July
				  1 of the previous year through June 30 of the current year. For example, the
				  2016 crop year begins on July 1, 2015 and ends on June 30,
				  2016.
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 15.20.08.11 - Phosphorus Management Tool Transition Advisory Committee

Current through Register Vol. 51, No. 14, July 12, 2024
A. Beginning in 2015 and continuing until the
				Phosphorus Management Tool is fully implemented, there shall be established
				within the Department, the Phosphorus Management Tool Transition Advisory
				Committee.
B. The Committee shall
				be chaired by the Secretary. Its membership may include the following persons:
(1) A member of the Senate, appointed by the
				President;
(2) A member of the
				House of Delegates, appointed by the Speaker;
(3) The Secretary of the Environment, or his
				designee;
(4) The Director of the
				Maryland Environmental Service, or his designee;
(5) The Director of the Maryland Energy
				Administration, or his designee;
(6) The University of Maryland, College of
				Agriculture and Natural Resources;
(7) The Chesapeake Bay Commission;
(8) Members appointed by the Secretary,
				including a representative from:
(a) The
				Maryland Farm Bureau;
(b) The
				Maryland Grain Producers Association;
(c) The Delmarva Poultry Industry,
				Inc.;
(d) The Maryland Dairy
				Industry Association;
(e) The
				Chesapeake Bay Foundation;
(f) Two
				non-governmental organizations representing environmental interests;
(g) The biosolids industry;
(h) The manure hauling industry;
(i) The manure application industry;
				and
(j) Two alternative technology
				vendors or enterprises.
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 15.20.08.12 - Nutrient Management for Container or Out-of-Ground Agricultural Production - Additional 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 of container or
				out-of-ground agricultural production shall conform to the requirements of
				§§B-H of this regulation, in addition to applicable requirements
				described in this chapter, when developing and implementing, a nutrient
				management plan.
B. Plan Elements.
				A plan shall contain a summary of planned plant production applicable to the
				site, including:
(1) A listing of plants to
				be grown by name, species, and variety and cultivar or both; however, if more
				than 20 different kinds of plants are grown, general plant categories may be
				used, such as herbaceous, deciduous shrub, coniferous evergreen, broadleaf
				evergreen, or trees;
(2) The
				estimated greatest number of plants, units, or containers that will be in
				production at any one time during a calendar year and the month this will
				occur;
(3) The estimated
				percentages of plants, units, or containers in the following container size
				categories:
(a) Less than 1 gallon (less than
				2,492 cubic centimeters container volume),
(b) From 1 to 3 gallons (2,492 to 12,164
				cubic centimeters),
(c) Greater
				than 3 gallons and less than 15 gallons (more than 12,164, but less than 45,376
				cubic centimeters), or
(d) 15
				gallons or greater (45,376 cubic centimeters or more);
(4) An inventory, which may include projected
				changes during the life of the plan, taken by the operator for any purpose
				within 12 months of completion of the plan, which shall meet the requirements
				of §B(1), (2), and (3) of this regulation, if the inventory is
				representative of planned production during the period covered by a nutrient
				management plan;
(5) Total growing
				area under the plan, which may include projected changes in growing area
				planned to take place during the life of the plan.
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 15.20.08.13 - Nutrient Management-Required Plan Recommendations for Container or Out-of-Ground Production

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				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:
(1) The label recommendations on fertilizer
				products for the plants being grown or similar plants;
(2) The recommendations of the University of
				Maryland Cooperative Extension for the specific plants being grown or for
				similar plants;
(3) The
				recommendation from other state universities for the specific plants being
				grown or for similar plants;
(4)
				The data from research done by accredited universities on the specific plants
				being grown or similar plants;
(5)
				The general nutrition guidelines for similar plants; or
(6) Any generally accepted growing practices
				for plants under comparable growing conditions.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 20 - SOIL AND WATER CONSERVATION › Chapter 15.20.09 - State Income Tax Credit for Additional Commercial Fertilizer Costs › Section 15.20.09.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter establishes the eligibility requirements for a
				  person operating an agricultural operation to claim a State income tax credit
				  for additional commercial fertilizer costs due to the agricultural operation's
				  conversion to a phosphorus based nutrient management plan.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 20 - SOIL AND WATER CONSERVATION › Chapter 15.20.09 - State Income Tax Credit for Additional Commercial Fertilizer Costs › Section 15.20.09.02 - 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 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;
(b)
				Has a gross annual income of $2,500 or more, or has eight or more animal units;
				and
(c) Includes all land owned or
				managed for agricultural production by the taxpayer filing a tax credit
				claim.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 20 - SOIL AND WATER CONSERVATION › Chapter 15.20.09 - State Income Tax Credit for Additional Commercial Fertilizer Costs › Section 15.20.09.03 - Eligibility

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person
				operating an agricultural operation that incurs additional commercial
				fertilizer costs due to conversion of nutrient use to meet the requirements of
				a phosphorus based nutrient management plan is eligible for a State income tax
				credit under this chapter, if:
(1) A nutrient
				management plan meeting the requirements of COMAR 15.20.08 has been submitted
				to the Department;
(2) The
				conversion of nutrient use is for the purpose of complying with the
				requirements set forth in COMAR 15.20.08 for the implementation of nutrient
				recommendations;
(3) Those costs
				take into account management by the taxpayer of all acreage in their
				agricultural operation;
(4) Those
				costs are related to the purchase of additional quantities of commercial
				fertilizer, specialized blends, or formulations, and not due solely to product
				price increases; and
(5) The
				Department has approved a Certificate of Additional Fertilizer Expense for
				Income Tax Deduction, indicating the amount of credit that may be
				claimed.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 20 - SOIL AND WATER CONSERVATION › Chapter 15.20.09 - State Income Tax Credit for Additional Commercial Fertilizer Costs › Section 15.20.09.04 - Credit Allowances

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Allowable Credit. A person operating an agricultural operation who sustains
				additional, but necessary, commercial fertilizer costs converting to a
				phosphorus based nutrient management plan, may claim a State income tax credit
				in an amount equal to 50 percent of these additional costs.
B. Amount Allowed Per Taxable Year.
(1) For any taxable year, the maximum credit
				a person may claim is $4,500.
(2)
				If the credit exceeds the person's liability for the taxable year, the unused
				credit may be carried forward for up to 5 years.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 20 - SOIL AND WATER CONSERVATION › Chapter 15.20.09 - State Income Tax Credit for Additional Commercial Fertilizer Costs › Section 15.20.09.05 - Requirements for Tax Credit Certification

Current through Register Vol. 51, No. 14, July 12, 2024
To claim a tax credit, a person operating an agricultural
				  operation shall file a Certificate of Additional Fertilizer Expense for Income
				  Tax Deduction. To obtain this certificate, a person shall submit the following
				  to the Department:
A. A signed
				Departmental form requesting a Certificate of Additional Fertilizer Expense for
				Income Tax Deduction;
B. The
				nutrient recommendation summary page of the nutrient management plan;
C. The nutrient management plan reporting
				form, characterizing the agricultural operation;
D. Information, including copies of receipts,
				describing commercial fertilizer expenses in the base year; and
E. Information, including copies of receipts,
				describing commercial fertilizer expenses for the year the tax credit is being
				claimed.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 20 - SOIL AND WATER CONSERVATION › Chapter 15.20.10 - Fertilizer Application Requirements for Land Not Used for Agricultural Purposes › Section 15.20.10.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter explains the requirements and training
				  applicable to persons who apply nutrients to land that is not used for
				  agricultural purposes.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 20 - SOIL AND WATER CONSERVATION › Chapter 15.20.10 - Fertilizer Application Requirements for Land Not Used for Agricultural Purposes › Section 15.20.10.03 - Certification Requirement

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				person who is paid to apply fertilizer to turf not used for agricultural
				purposes may not apply fertilizer containing nitrogen or phosphorus to turf
				unless that person is a certified professional fertilizer applicator, or
				working under the direct supervision of a professional fertilizer
				applicator.
B. A person, other than
				a certified professional fertilizer applicator, a trained employee, or a person
				who merely markets services for a certified professional fertilizer applicator,
				may not offer to provide turf fertilization services for
				compensation.
C. Each business
				location, agency, golf course, or other location shall employ a certified
				professional fertilizer applicator when an employee is paid to
				fertilize.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 20 - SOIL AND WATER CONSERVATION › Chapter 15.20.10 - Fertilizer Application Requirements for Land Not Used for Agricultural Purposes › Section 15.20.10.04 - Certification Program

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				Department, in consultation with the University of Maryland, shall establish a
				program to train and certify professional fertilizer applicators.
B. This program shall include training and
				education in:
(1) The proper use and
				calibration of fertilizer application equipment;
(2) The hazards involved in, and the
				environmental impact of, applying fertilizer, including nutrient pollution to
				the waters of the State;
(3) All
				applicable State and federal laws, rules, and regulations;
(4) The correct interpretation of fertilizer
				labeling information; and
(5) The
				recommendations developed by the University of Maryland for nutrient management
				on turf, including the appropriate time to:
(a) Apply fertilizer when rain is forecast;
				and
(b) Apply fertilizer when soils
				are wet and the potential for fertilizer movement off-site exists.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 20 - SOIL AND WATER CONSERVATION › Chapter 15.20.10 - Fertilizer Application Requirements for Land Not Used for Agricultural Purposes › Section 15.20.10.05 - Professional Fertilizer Applicator

Current through Register Vol. 51, No. 14, July 12, 2024
A. Certification. Each applicant for a
				professional fertilizer applicator certificate shall register with the
				Department, on a form approved by the Department.
B. Certification Requirements. Each applicant
				for a professional fertilizer applicator certificate shall;
(1) Pay a fee of $100; and
(2) Pass an examination given by the
				Department.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 20 - SOIL AND WATER CONSERVATION › Chapter 15.20.10 - Fertilizer Application Requirements for Land Not Used for Agricultural Purposes › Section 15.20.10.06 - Examinations for Professional Fertilizer Applicator Certificate

Current through Register Vol. 51, No. 14, July 12, 2024
A. Each applicant
				for certification shall pass a written examination given by the
				Department.
B. Each applicant shall
				register with the Department at least 1 month before the scheduled examination
				date.
C. The Department shall give
				the examination at least once a year.
D. There is a $10 fee for each
				reexamination.
E. The Department
				shall publish and maintain a list of all certified professional fertilizer
				applicators on its website.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 20 - SOIL AND WATER CONSERVATION › Chapter 15.20.10 - Fertilizer Application Requirements for Land Not Used for Agricultural Purposes › Section 15.20.10.07 - Business Licenses

Current through Register Vol. 51, No. 14, July 12, 2024
A. Each
				location that employs a person who is paid to fertilize turf shall have a
				license as provided under §B of this regulation.
B. An applicant for license or renewal of a
				business license shall:
(1) Apply to the
				Department on a departmental form;
(2) Designate an employee who is a certified
				professional fertilizer applicator; and
(3) Pay a $50 fee.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 20 - SOIL AND WATER CONSERVATION › Chapter 15.20.10 - Fertilizer Application Requirements for Land Not Used for Agricultural Purposes › Section 15.20.10.08 - Trained Employees

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				licensee shall annually register with the Department each person who applies
				fertilizer for hire under the direct supervision of a certified professional
				applicator.
B. There is a $15 fee
				for each employee registered.
C.
				Each trained employee shall receive initial and annual training in fertilizer
				application as determined by the Department.
D. Each employer shall document the time and
				dates of required training. Training shall be completed before the employee is
				registered with the Department.
E.
				The Department shall issue a registration card to each trained employee.
				Trained employees shall carry their registration card at all times when
				fertilizing turf, and shall show the registration card at the request of the
				Department. Upon termination, the trained employee shall return the
				identification card to the employer.
F. Registration is valid from January 1, or
				whenever registered, until the following December 31. For a registration due to
				expire on June 30, 2022, the new expiration date is December 31,
				2022.
G. If an application for
				renewal of a registration of a trained employee is received by the Department
				more than 30 days after the expiration date of the registration, the applicant
				is subject to a $30 late fee.
H.
				The employer shall notify the Department immediately after the termination of a
				trained employee, and shall return the registration card to the Department
				within 15 days.
I. Upon request,
				the Department may approve the training program of any outside agency,
				educational institution, or company.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 20 - SOIL AND WATER CONSERVATION › Chapter 15.20.10 - Fertilizer Application Requirements for Land Not Used for Agricultural Purposes › Section 15.20.10.09 - General Requirements for the Application of Fertilizer

Current through Register Vol. 51, No. 14, July 12, 2024
A. A professional
				fertilizer applicator or trained employee may not:
(1) Apply fertilizer intended for use on turf
				to an impervious surface; or
(2)
				Apply fertilizer containing nitrogen or phosphorus to turf:
(a) At any time when the ground is
				frozen;
(b) Within 15 feet of
				waters of the State, however, if using a drop spreader, rotary spreader with a
				deflector or a targeted spray, then the distance may be reduced to 10 feet;
				or
(c) In an amount that is
				inconsistent with the annual recommended rate established by the University of
				Maryland (Maryland Nutrient Management Manual I-E1, COMAR
				15.20.07.02).
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 20 - SOIL AND WATER CONSERVATION › Chapter 15.20.10 - Fertilizer Application Requirements for Land Not Used for Agricultural Purposes › Section 15.20.10.10 - Soil Testing

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except
				as provided for in §B of this regulation, a professional fertilizer
				applicator or trained employee shall obtain a soil test prior to any initial
				application of P2O5 and prior to
				any second application of nitrogen to a management unit.
B. A soil test is not required if:
(1) The nutrient application is made for the
				purpose of establishing turf on bare ground; and
(2) The nutrient application is made in
				accordance with the seeding recommendations of the University of Maryland
				Extension (Maryland Nutrient Management Manual I-E2, COMAR
				15.20.07.02):
(a) The land has been disturbed such as by
				construction or tillage; or
(b) A
				lawn patch product is used.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 20 - SOIL AND WATER CONSERVATION › Chapter 15.20.10 - Fertilizer Application Requirements for Land Not Used for Agricultural Purposes › Section 15.20.10.11 - Phosphorus Restrictions

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Neither a professional fertilizer applicator, nor a trained employee may apply
				an organic or natural organic fertilizer containing phosphorus to turf unless;
(1) A soil test taken not more than 3 years
				before the application indicates a low or medium level of phosphorus as
				determined by the equivalent University of Maryland FIV;
(2) The fertilizer application rate does not
				exceed the rate recommended by the University of Maryland Extension (Maryland
				Nutrient Management Manual I-E1 and I-E2, COMAR
				15.20.07.02); and
(3) The fertilizer is a low phosphorus
				fertilizer.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 20 - SOIL AND WATER CONSERVATION › Chapter 15.20.10 - Fertilizer Application Requirements for Land Not Used for Agricultural Purposes › Section 15.20.10.12 - Other Nutrient Sources

Current through Register Vol. 51, No. 14, July 12, 2024
In determining the amount of nitrogen and phosphorus
				  fertilizer that may be applied, professional fertilizer applicators shall
				  account for the amount of nutrients known to have been applied in any compost,
				  effluent or other organic nutrient sources, or soil conditioners as specified
				  by the Department, and make necessary adjustments to comply with the annual
				  University of Maryland Extension recommendations (Maryland Nutrient Management
				  Manual I-E1 and I-E2, COMAR 15.20.07.02.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 20 - SOIL AND WATER CONSERVATION › Chapter 15.20.10 - Fertilizer Application Requirements for Land Not Used for Agricultural Purposes › Section 15.20.10.13 - Record-Keeping and Reporting Requirements for Licensees

Current through Register Vol. 51, No. 14, July 12, 2024
A. The records required by this regulation
				shall be kept in a form approved by the Department.
B. Each licensee shall maintain for 3 years
				records of each fertilizer, or non-fertilizer nutrient application. The
				following information shall be recorded, when applicable:
(1) Name of applicator;
(2) Date of application;
(3) Size of the area;
(4) Address of the property;
(5) Fertilizer analysis;
(6) Rate of fertilizer application;
(7) Total amount of fertilizer used;
				and
(8) An original or legible copy
				of the label of the fertilizer used.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 20 - SOIL AND WATER CONSERVATION › Chapter 15.20.10 - Fertilizer Application Requirements for Land Not Used for Agricultural Purposes › Section 15.20.10.14 - Annual Reporting

Current through Register Vol. 51, No. 14, July 12, 2024
A. Each
				licensee shall submit an annual report to the Department on a form designated
				by the Department.
B. This report
				shall be submitted by March 1 of each calendar year and information provided
				will summarize fertilizer applications in the previous calendar year.
C. Failure to submit this report by March 1
				may result in the suspension of a business license or professional fertilizer
				applicator certificate.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 20 - SOIL AND WATER CONSERVATION › Chapter 15.20.10 - Fertilizer Application Requirements for Land Not Used for Agricultural Purposes › Section 15.20.10.15 - Assessment of Civil Penalty

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				The Department may impose a civil penalty on a person who violates any
				provision of Regulations .02-.14 of this chapter.
B. The Department may impose a civil penalty
				of not more than $1,000 for a first violation, and a civil penalty of not more
				than $2,000 for each subsequent violation.
C. Each day a violation occurs under this
				section is a separate violation.
D.
				The total penalties imposed on a person for violations of this section that
				result from the same set of facts and circumstances may not exceed
				$10,000.
E. In assessing a civil
				penalty imposed under this regulation, the Department shall give consideration
				to:
(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, including injury to, or impairment
				of, the use of the waters of this State or the natural resources of this
				State;
(3) The cost of
				control;
(4) The nature and degree
				of injury to, or interference with, general welfare, health, and
				property;
(5) The extent to which
				the location of the violation, including location near areas of human
				population, creates the potential for harm to the environment or to human
				health and safety; and
(6) 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 15.20.10 - Fertilizer Application Requirements for Land Not Used for Agricultural Purposes › Section 15.20.10.16 - Non-Professional Fertilizer Applicators

Current through Register Vol. 51, No. 14, July 12, 2024
A. A non-professional fertilizer applicator
				may not;
(1) Apply fertilizer intended for use
				on turf to an impervious surface;
(2) Apply fertilizer containing nitrogen or
				phosphorus to turf:
(a) At any time when the
				ground is frozen;
(b) Before March
				1 or after November 15 of any calendar year; or
(c) Within 15 feet of waters of the State,
				however, if using a drop spreader, rotary spreader with a deflector or a
				targeted spray, then the distance may be reduced to 10 feet.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 20 - SOIL AND WATER CONSERVATION › Chapter 15.20.10 - Fertilizer Application Requirements for Land Not Used for Agricultural Purposes › Section 15.20.10.17 - Exemptions

Current through Register Vol. 51, No. 14, July 12, 2024
Educational institutions and researchers may apply to the
				  Department for an exemption to these regulations for research, education, and
				  demonstration purposes.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 20 - SOIL AND WATER CONSERVATION › Chapter 15.20.11 - Agricultural Certainty Program › Section 15.20.11.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter
				establishes the requirements and standards to be met for agricultural
				operations to achieve voluntary certification under the Maryland Agricultural
				Certainty Program and the privileges and responsibilities that arise through
				certification.
B. The purpose of
				the Program is to accelerate the implementation of best management practices to
				meet State agricultural nitrogen, phosphorus, and sediment reduction goals.
C. This chapter also establishes a
				program for certifying professionals qualified to review and evaluate
				agricultural operations that apply or are enrolled in the Program.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 20 - SOIL AND WATER CONSERVATION › Chapter 15.20.11 - Agricultural Certainty Program › Section 15.20.11.03 - Eligibility

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as
				provided by this regulation, a person who operates an operation is eligible to
				apply for the Program.
B. An
				application for agricultural certainty shall include a farm parcel in its
				entirety but need not include all farms or farm parcels under the management of
				a person.
C. An operation or a part
				of an operation defined as a concentrated animal feeding operation (CAFO) in
				COMAR 26.08.01.01B or
				any operation in the process of applying for a CAFO permit is not eligible for
				certification under the Program.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 20 - SOIL AND WATER CONSERVATION › Chapter 15.20.11 - Agricultural Certainty Program › Section 15.20.11.04 - Certification Process - Agricultural Certainty

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person who applies for certification for
				an operation shall submit to the Department the following:
(1) 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;
(2) 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;
(3) A map identifying the location
				and boundaries of the operation showing field identification numbers and
				location of BMPs;
(4) A current
				NMP that is fully implemented and is developed for the operation in accordance
				with regulations adopted by the Department; and
(5) A report from a certified verifier
				engaged by the applicant that contains the information specified in §B of
				this regulation.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 20 - SOIL AND WATER CONSERVATION › Chapter 15.20.11 - Agricultural Certainty Program › Section 15.20.11.05 - Agricultural Certainty Certification - General Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. Unless suspended
				or revoked, a certification remains in effect for a 10-year period following
				approval by the Department if:
(1) The
				operation remains in compliance with the Certainty agreement set forth in
				Regulation .04F of this chapter and all other requirements of the Program under
				this chapter; and
(2) There are no
				changes to the operation, including no change in the:
(a) Operator with the exception of an
				interfamily transfer;
(b) Owner
				when it results in a change in the operator;
(c) Average annual number of animal units of
				10 percent or greater; or
(d)
				Operation resulting in the operation being ineligible for the Program.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 20 - SOIL AND WATER CONSERVATION › Chapter 15.20.11 - Agricultural Certainty Program › Section 15.20.11.06 - Verification

Current through Register Vol. 51, No. 14, July 12, 2024
A. The applicant
				shall employ a certified verifier who does not hold an interest in the
				agricultural operation, as defined by this chapter, in order to apply to the
				Program.
B. A certified verifier
				shall provide the following to the Department for the applicant's application:
(1) Information as required on a Department
				form;
(2) A map delineating the
				boundaries of the operation and showing field identification numbers and
				locations of BMPs on site; and
(3)
				Information following an inspection and review of records for an operation
				applying for a Certainty agreement including:
(a) Review of the NMP and documentation of
				any outstanding issues;
(b) Review
				of the SCWQP and documentation that it:
(i)
				Is fully implemented to address nitrogen, phosphorus, and sediment runoff; or
(ii) Fails to address any
				conditions causing movement of nitrogen, phosphorus, and sediment that are
				impacting water quality;
(c) A farm summary showing outcomes of the
				MNTT assessment and an operation's status in meeting the Chesapeake Bay or
				local TMDL; and
(d) Any additional
				BMPs implemented to meet the nitrogen, phosphorus, or sediment thresholds
				required by the local or Chesapeake Bay TMDL for the watershed in which the
				operation exists.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 20 - SOIL AND WATER CONSERVATION › Chapter 15.20.11 - Agricultural Certainty Program › Section 15.20.11.07 - Verifier Certification Program

Current through Register Vol. 51, No. 14, July 12, 2024
A. An individual may not be certified or act
				as a certified verifier as provided by this chapter unless the individual meets
				the following requirements to be established by the Department:
(1) Education and experience;
(2) Training; and
(3) Continuing education.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 20 - SOIL AND WATER CONSERVATION › Chapter 15.20.11 - Agricultural Certainty Program › Section 15.20.11.08 - Record-Keeping and Reporting Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person who manages an operation
				certified under the Program shall submit annually to the Department on or
				before March 1, information for the previous calendar year, as follows:
(1) A Department reporting form that includes
				the person's signed certification that the operation has been managed in
				accordance with the Certainty agreement and will continue to be so managed
				during the upcoming calendar year;
(2) Current NMP records including soil
				analysis within the last 3 years for land receiving nutrients, fertility
				recommendations for crops produced, nutrients applied by source and crop type,
				and a map identifying the location and boundaries of the operation showing
				field identification numbers and location of BMPs; and
(3) SCWQP records related to implementation
				of any additional BMPs during the reporting period.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 20 - SOIL AND WATER CONSERVATION › Chapter 15.20.11 - Agricultural Certainty Program › Section 15.20.11.09 - Denial, Suspension, or Revocation of Certificate

Current through Register Vol. 51, No. 14, July 12, 2024
A. Certification of Operations.
(1) After the opportunity for a hearing, the
				Department may deny, suspend, or revoke the certification of any person who:
(a) No longer meets the eligibility
				requirements of the Program;
(b)
				Violates any of the regulatory requirements of this chapter;
(c) Provides misleading, false, or fraudulent
				information in applying for a certification;
(d) Provides the Department with any
				misleading, false, or fraudulent report;
(e) Fails to promptly provide any report or
				to allow the Department access to inspect any operation certified under the
				Program or any record required to be kept by this chapter;
(f) Fails to comply with Certainty agreement
				for the operation; or
(g) Performs
				any action or fails to act in such a manner that the Department determines
				provides other good cause to deny, suspend, or revoke the certification.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 20 - SOIL AND WATER CONSERVATION › Chapter 15.20.11 - Agricultural Certainty Program › Section 15.20.11.10 - Agricultural Certainty Oversight Committee

Current through Register Vol. 51, No. 14, July 12, 2024
A. There is an Agricultural Certainty
				Oversight Committee. The responsibility of the Oversight Committee includes:
(1) Assisting in the development of
				regulations that govern the Program;
(2) Monitoring and providing oversight on the
				development and implementation of policies and standards relating to the
				Program;
(3) Evaluating performance
				of the Program and making recommendations for improvements to the Program based
				on information provided by the Department; and
(4) Reviewing the draft annual report and
				other information to make recommendations.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 20 - SOIL AND WATER CONSERVATION › Chapter 15.20.12 - Agricultural Nutrient and Sediment Credit Certification Program › Section 15.20.12.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter
				establishes the requirements and standards for the generation and certification
				of nonpoint source nutrient and sediment credits on agricultural land under the
				Agricultural Nutrient and Sediment Credit Certification Program.
B. The purpose of the Program is to reduce
				the amount of nitrogen, phosphorus, and sediment entering the Chesapeake Bay
				and its tributaries through support of a form of water quality trading
				utilizing a market-based strategy.
C. This chapter also establishes the
				protocols for approving professionals qualified to evaluate and review
				agricultural operations for eligibility and compliance with the
				Program.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 20 - SOIL AND WATER CONSERVATION › Chapter 15.20.12 - Agricultural Nutrient and Sediment Credit Certification Program › Section 15.20.12.03 - Eligibility for Credit Certification

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as provided by this regulation, the
				following persons are eligible to have credits certified by the Department in
				support of nutrient and sediment trading activities:
(1) An owner or lessee, with owner's consent,
				who operates an agricultural operation and who demonstrates that:
(a) The agricultural management and BMPs
				implemented on the operation enables that operation to meet baseline
				requirements pursuant to Regulation .04 of this chapter;
(b) A current Nutrient Management Plan is
				being implemented in accordance with COMAR 15.20.07 and 15.20.08;
(c) A SCWQP has been developed and approved
				for the agricultural operation and all implemented BMPs are documented,
				operated, and maintained in accordance with the SCWQP;
(d) An adequate manure storage and runoff
				system is maintained as required in an Animal Waste Management System Plan, or
				in the case of a Confined Animal Feeding Operation, a Comprehensive Nutrient
				Management Plan or SCWQP and NMP as required by permit;
(e) The lessee has been granted authority for
				control of the land for the term of the credit certification; and
(f) The operation is in compliance with all
				applicable local, State, and federal laws, regulations, and programs.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 20 - SOIL AND WATER CONSERVATION › Chapter 15.20.12 - Agricultural Nutrient and Sediment Credit Certification Program › Section 15.20.12.04 - Baseline Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				person may not generate nutrient or sediment credits, unless that person's
				agricultural operation meets a baseline level of nutrient or sediment reduction
				which is the more stringent of either the applicable Chesapeake Bay or local
				TMDL as calculated on the entire farm in aggregate using the MNTT
				analysis.
B. A person may meet the
				baseline nutrient reduction requirement by using only the following:
(1) Current agronomic practices, including
				cropping rotation as documented in the operation's current NMP and SCWQP;
				and
(2) Existing operator adopted
				or installed structural or other BMPs; or
(3) Existing structural or other BMPs
				implemented with federal, State, or private cost-share assistance.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 20 - SOIL AND WATER CONSERVATION › Chapter 15.20.12 - Agricultural Nutrient and Sediment Credit Certification Program › Section 15.20.12.05 - Agricultural Nutrient and Sediment Credit Generation

Current through Register Vol. 51, No. 14, July 12, 2024
A. If the provisions of §B are met,
				agricultural nutrient and sediment credits may be generated from any of the
				following improvements that the Department determines will provide additional
				reductions in the discharge of farm nutrients and/or sediment:
(1) Existing or planned agronomic
				practices;
(2) Land conversion
				practices; or
(3) Installation of
				structural practices.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 20 - SOIL AND WATER CONSERVATION › Chapter 15.20.12 - Agricultural Nutrient and Sediment Credit Certification Program › Section 15.20.12.06 - Lifespan of Credits

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				practice may only generate credits when it is installed or placed into
				operation and all appropriate operation and maintenance guidelines are being
				followed. The Department shall consider the total estimated annual credits
				generated from any practice installed and given final certification within a
				given year to be generated the following year starting January 1.
B. Credits may be certified for more than 1
				year but shall only be applied annually.
C. The Department shall include the number of
				years a credit is valid as part of the credit registration.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 20 - SOIL AND WATER CONSERVATION › Chapter 15.20.12 - Agricultural Nutrient and Sediment Credit Certification Program › Section 15.20.12.07 - Approval and Registration of Credits

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person who applies to the Department for
				approval of agricultural nonpoint source nutrient or sediment credits shall:
(1) Complete and sign a Certification and
				Registration Form provided by the Department and furnish a copy of the Farm
				Summary Worksheet generated by MNTT;
(2) Provide a copy of the current NMP;
				and
(3) Provide a copy of the
				current SCWQP with a map identifying the location and boundaries of the
				operation and showing field identification numbers, field acreage, and the
				location of BMPs, together with the specifics of any credit generation
				proposal.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 20 - SOIL AND WATER CONSERVATION › Chapter 15.20.12 - Agricultural Nutrient and Sediment Credit Certification Program › Section 15.20.12.08 - Annual Verification and Reporting

Current through Register Vol. 51, No. 14, July 12, 2024
A. All trades involving agricultural credits
				certified by the Department require, at minimum, annual credit verification and
				reporting. Inspections will be scheduled as appropriate to practice
				type.
B. A person who buys
				certified credits shall employ a Department-approved verifier who does not hold
				an interest in the agricultural operation generating the credits or was not
				involved in the original application or qualification of the credits.
C. Following the site visit to the
				agricultural operation, the verifier shall provide the following to the
				Department:
(1) Information as required on a
				Verification Report form; and
(2)
				Information following an inspection and review of the records for the
				agricultural operation including:
(a) Review
				of the current NMP and documentation that it continues to be implemented in
				accordance with COMAR 15.20.07 and 15.20.08;
(b) Review of the current SCWQP and
				documentation that it continues to be implemented and addresses all nitrogen,
				phosphorus, and sediment runoff and emission issues as specified;
(c) Documentation that the agricultural
				management and BMPs implemented continue to meet baseline compliance and that
				all credit generating practices continue to be operated and maintained in
				accordance with the terms of the trading contract and the requirements of this
				chapter; and
(d) Confirmation that
				no deficiencies exist and no corrective measures are needed or a detailed
				description of deficiencies and required corrective actions.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 20 - SOIL AND WATER CONSERVATION › Chapter 15.20.12 - Agricultural Nutrient and Sediment Credit Certification Program › Section 15.20.12.09 - Departmental Review

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				Department shall schedule site inspections and records reviews on at least 10
				percent of all traded credits annually.
B. The Department shall assign an approved
				verifier who:
(1) Meets qualifications
				provided in Regulation .10 of this chapter; does not hold an interest in the
				agricultural operation generating certified credits; and
(2) Is not the same individual who conducted
				either the assessment or verification of the operation at the time of
				application.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 20 - SOIL AND WATER CONSERVATION › Chapter 15.20.12 - Agricultural Nutrient and Sediment Credit Certification Program › Section 15.20.12.10 - Verifier Approval Protocol

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				An individual may not be approved to act as a verifier as provided by this
				chapter unless the individual meets the following requirements to be
				established by the Department:
(1) Education
				and experience;
(2) Training; and
(3) Continuing
				education.