Section 8-1004 – Certification of Agricultural Operations
(a) (1) A person that manages an agricultural operation may apply for certification under the Program. (2) To apply for certification, a person shall submit an application to the Department on the form the Department requires. (b) An agricultural operation may be certified as meeting the requirements of the Program if the agricultural operation is determined by the Department […]
Section 8-1005 – Recertification
An agricultural operation certified under § 8–1004 of this subtitle may be recertified for 10 years if the agricultural operation: (1) Meets the requirements under this subtitle; (2) Meets the laws, regulations, rules, and permit conditions applicable to the agricultural operation at the time of recertification; and (3) Receives approval from the Department of the Environment if the […]
Section 8-1006 – Exemptions for Compliant, Certified Operations
(a) Except as provided in subsection (b) of this section, an agricultural operation that is in compliance and certified under this subtitle is not subject to: (1) State or local laws or regulations enacted or adopted after the date of certification that require the reduction of agricultural sources of nitrogen, phosphorus, or sediment to meet: (i) Chesapeake Bay […]
Section 8-1007 – Duties of Managers of Certified Agricultural Operations
(a) A person that manages an agricultural operation certified under this subtitle shall: (1) Submit annually to the Department: (i) Nutrient management plan records, including: 1. Information identifying the person who manages the agricultural operation; 2. Soil analysis data for the land receiving nutrients; 3. Fertility recommendations for crops produced; 4. A summary of nutrients applied by source and crop type; and […]
Section 8-1008 – Inspections
(a) (1) At least once every 3 years within the 10–year certification period: (i) The Department shall require an on–site inspection, as defined by regulations adopted under this subtitle, of each agricultural operation certified under this subtitle to assure the agricultural operation continues to meet the requirements of this subtitle; and (ii) The Department of the Environment shall, if […]
Section 8-1009 – Program to Certify Verifiers
(a) The Department, in coordination with the Department of the Environment, shall: (1) Establish a program to certify a person to verify whether an agricultural operation meets and is in compliance with the requirements of this subtitle; (2) Maintain a list of all certified verifiers; and (3) Publish the list of all certified verifiers on the Department’s Web site. […]
Section 8-1010 – Records Available for Public Review; Confidentiality
(a) Except as provided in § 8–1007(b) of this subtitle, all records and information concerning any agricultural operation certified by the Department under this subtitle shall be maintained by the Department and made available for public review in a manner that provides the greatest public disclosure of records and information while protecting the identity of the […]
Section 8-1011 – Revocation or Suspension of Certifications
(a) In accordance with the Administrative Procedure Act, on notice and opportunity to be heard, the Department may suspend or permanently revoke the certification of: (1) An agricultural operation certified under this subtitle; and (2) A person certified as a verifier under this subtitle. (b) A certification for an agricultural operation or a verifier issued under this subtitle may […]
Section 8-801 – Definitions
(a) In this subtitle the following words have the meanings indicated. (b) “Certified nutrient management consultant” means an individual certified by the Department to prepare a nutrient management plan. (c) “Commercial farm” means a farm that performs activities related to the production and sale of agricultural commodities, including row crops, fruits, vegetables, horticulture, and silvaculture. (d) “Enhanced efficiency fertilizer” […]
Section 8-801.1 – Nutrient Management Plan
(a) (1) Each nutrient management plan shall be developed considering factors including: (i) Levels of bioavailable nitrogen and phosphorus in the soil; (ii) Levels of bioavailable nitrogen and phosphorus in all fertilizer materials to be applied; (iii) The amount of nitrogen and phosphorus necessary to achieve the expected crop yield for the land that is the subject of the nutrient […]