Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 18 - STATE CHEMIST › Chapter 15.18.04 - Compost › Section 15.18.04.01 - 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 land" means land cultivated
				for the production of crops or used for raising livestock.
(2) "Agricultural operation" means any
				farming operation devoted to the production for sale of crops or animals,
				including, but not limited to, fruits, vegetables, meat, poultry and dairy
				products, nuts, tobacco, aquaculture, nursery and floral products, and
				trees.
(3) "Brand" means the term,
				design, trademark, or other specific designation under which a compost product
				is distributed in the State.
(4)
				"Certified operator" means an owner, operator, or employee of a composting
				facility who is certified by the Secretary under this chapter.
(5) "Compost" means a stabilized organic
				product produced by the controlled aerobic decomposition process in such a
				manner that the product may be handled, stored, and applied to the land or used
				as a soil conditioner in an environmentally acceptable manner without adversely
				affecting plant growth.
(6)
				"Compostable" means any biological material capable of being aerobically
				decomposed into compost.
(7)
				"Composting" is the aerobic degradation of organic matter to make
				compost.
(8) "Composting facility"
				means a facility where solid waste or organic material is processed using
				composting technology, including:
(a)
				Physical turning;
(b) Windrowing;
				and
(c) Aeration or other
				mechanical handling of organic matter.
(9) "Department" means the Maryland
				Department of Agriculture.
(10)
				"Distribute" means to import, manufacture, produce, compound, mix, blend,
				barter, sell, offer for sale, consign, furnish, provide, or otherwise supply
				compost as part of a commercial enterprise.
(11) "Industrial sludge" means the
				accumulated semiliquid suspension, settled, or dried residue of solids
				deposited as a by-product of an industrial process and which is claimed to have
				value in promoting plant growth or improving the soil.
(12) "Label" means the display of all
				written, printed, or graphic matter on the immediate container or a statement
				accompanying a compost product.
(13) "Labeling" means all written, printed,
				or graphic matter on or accompanying any compost product or the contents of any
				advertisement, brochure, poster, or television or radio announcement used in
				promoting the sale of a compost product.
(14) "Lot" means a definite quantity of a
				compost product by name, classification, or code designation as registered by
				the Secretary for distribution.
(15) "Manure" means a solid waste composed of
				excreta of livestock, and residual materials that have been used for bedding,
				sanitary, or feeding purposes for animals.
(16) Marginal Land.
(a) "Marginal land" means land where the soil
				characteristics do not support normal vegetative growth over time.
(b) "Marginal land" includes, but is not
				limited to, land abandoned due to mineral extraction, strip mine areas, areas
				where topsoil has been removed, fill areas with poor soil characteristics, or
				landfills with poor topsoil.
(17) "Mulch" means any material or product,
				with at least 50 percent of its volume composed of particles 1/2 inch or larger
				in size, that is distributed for primary use on the soil surface or around
				plants as decoration or as a protective covering to reduce moisture loss,
				control weeds, prevent erosion, reduce temperature changes, or similar purposes
				relating to the soil.
(18)
				"Organic" means any natural biological substance of plant or animal origin that
				is capable of microbial degradation.
(19) "Origin" means the original physical
				source of the compostable material.
(20) "Person" includes the State, any county,
				municipal corporation, or other political subdivision of the State, or any of
				their units, or an individual, receiver, trustee, guardian, executor,
				administrator, fiduciary or representative of any kind, or any partnership,
				firm, association, public or private corporation, or any other entity unless
				otherwise provided.
(21) "PFRP"
				means process to further reduce pathogens, as provided by COMAR
				26.04.06.
(22) "Registrant" means a
				person who registers a compost product pursuant to the provisions of this
				chapter.
(23) "Secretary" means the
				Secretary of Agriculture or a designated representative.
(24) "Septage" means the liquid and solid
				material pumped or removed from chemical toilets, septic tanks, seepage pits,
				privies, cesspools, or holding tanks when the system is cleaned and
				maintained.
(25) "Sewage sludge"
				means the accumulated semiliquid suspension, settled solids, or dried residue
				of these solids that is deposited from sewage in a wastewater treatment plant,
				whether or not these solids have undergone treatment.
(26) Soil Conditioner.
(a) "Soil conditioner" means any substance or
				mixture of substances, except a commercial fertilizer, unmanipulated animal and
				vegetable manures, agricultural liming material, or gypsum, intended for sale,
				offered for sale, or sold for:
(i) Manurial,
				soil enriching, or soil corrective purposes;
(ii) Promoting or stimulating the growth of
				plants;
(iii) Increasing the
				productivity of plants;
(iv)
				Improving the quality of crops; or
(v) Producing any chemical or physical change
				in the soil.
(b) "Soil
				conditioner" includes, but is not limited to, materials such as compost, peat,
				vermiculite, perlite, or digestate produced by anaerobic digestion that are
				incorporated into the soil.
(27) Solid Waste.
(a) "Solid waste" means any garbage, refuse,
				sludge, or liquid from industrial, commercial, mining, or agricultural
				operations or from community activities.
(b) "Solid waste" includes scrap tires and
				organic compostable materials, but does not include solid or dissolved material
				in domestic sewage or in irrigation return flows or compost as defined in this
				chapter.
(28)
				"Stabilized compost" means any compost that has ceased active biological
				decomposition, that is, the temperature of a 4-foot-high, 6-foot-diameter pile
				of compost may not rise more than 20°C above ambient temperature when the
				pile is left undisturbed for 72 hours at the composting facility.
(29) "Yard waste" means organic plant waste
				derived from gardening, landscaping, and tree trimming activities, and includes
				leaves, garden waste, lawn cuttings, weeds, and tree
				prunings.