Md. Code Regs. 15.20.07.06

Current through Register Vol. 51, No. 21, October 18, 2024

Section 15.20.07.06 - Record-Keeping and Reporting Requirements

A. Operator Reporting Requirements-Plan Development.

(1) An operator shall submit to the Department a summary of the nutrient management plan for the agricultural operation in a form that the Department requires when it is first developed to meet requirements of this chapter, according to the deadlines provided by Regulation .04A and B of this chapter.

(2) A nutrient management plan submitted to the Department by an operator for the first time shall include:

(a) A statement agreeing to cooperate with the Department to establish a reasonable time to evaluate compliance with the plan, by reviewing records and visiting the farm site or sites, as provided in §B(2) of this regulation;

(b) Descriptive information of the agricultural operation provided on a Department form, including the owner or operator, location of the operation, type of agricultural operation, and name of the individual preparing the plan;

(c) A summary section of the plan indicating all nutrient recommendations during the plan period, as provided by COMAR 15.20.08.04F;

(d) Soil analysis information; and

(e) A clearly recognizable map or aerial photograph identifying location and boundaries of the agricultural operation, individual field boundaries or management units, and acreage.

(3) Following the first submission of required nutrient management plan information to the Department, all operators subject to this chapter shall file by March 1 of each year an annual implementation report The report shall be submitted on a form that the Department requires, and shall include, but not be limited to:

(a) A summary of basic information identifying the operator and characterizing the farm operation to include any changes in information on the agricultural operation that was provided in the reporting form for the first submitted plan;

(b) Total acreage managed under a nutrient management plan by crop and total nutrients applied by crop;

(c) If the operator, in conjunction with the agricultural operation, uses or produces animal manure, the following information:

(i) The amount of animal manure imported to or exported from the operator's farm;

(ii) For any animal manure that was imported, including manure received through a manure broker, the name and location of the sending farm; and

(iii) For any animal manure that was exported, the name and location of the farm, alternative use facility, or manure broker that received the manure; and

(d) A statement verifying that:

(i) The information provided is true and accurate; and

(ii) A valid nutrient management plan will be followed during the current cropping season and upcoming cropping year.

(4) The Department shall keep, and shall protect the confidentiality of, all nutrient management plan information submitted, so as to protect the identity of the person for whom the plan was developed.

B. Operator Record-Keeping Requirements-Plan Implementation.

(1) The Department may periodically review records of an agricultural operator solely to determine if a nutrient management plan is implemented in accordance with the provisions of this chapter. The Department shall prioritize its enforcement efforts against those operations for which the Department has not received soil test phosphorus levels as required by COMAR 15.20.04.11.

(2) When reviewing an operator's records, the Department shall:

(a) Arrange a meeting with the operator at a reasonable time and location, that allows the property owner or operator to be present, with a minimum of 48 hours prior notice; and

(b) Conduct the evaluation in a manner that minimizes any inconvenience to the operator.

(3) A person operating a farm who fails to cooperate with the Department's request to conduct a site visit or review a nutrient management plan and records relating to the plan is subject to the penalties provided in Regulation .07 of this chapter.

(4) Except as provided in this section, an operator subject to this chapter shall retain for 3 years the following records:

(a) Any nutrient management plan prepared for an agricultural operation, as required under this chapter;

(b) Soil analysis results for an agricultural operation;

(c) For agricultural crops produced or harvested annually, specific field or management unit yield information for the last 5 years which may include estimates based on volume or weight;

(d) For agricultural products that are not produced or harvested annually, or whose production is not managed based on an annual yield goal, such as nursery plants, information documenting nutrient use to meet specific production goals for three production cycles, or 3 years, whichever is less;

(e) For out-of-ground or container production, a description of production cycles and methods for all plants grown, including the following:

(i) The length of the production cycle and primary nutrients applied in each growing cycle,

(ii) A description of substrates used, and

(iii) An analysis of organic materials used as a source of nutrients in the substrate;

(f) Receipts related to the purchase of nutrients;

(g) Documentation of the timing, rate, quantity, type or types, and analysis of nutrients used with reference to field location and number, or management unit, consistent with the production plan, site map, or aerial photograph provided in the nutrient management plan identifying that agricultural land;

(h) Manure analysis results when animal manure is used as a nutrient source, and information about the manure management system, if animals are part of the production unit or if animal manure is used as a nutrient source, but animals are not produced on the operation;

(i) Monitoring information on runoff testing, including test results, as required for out-of-ground agricultural operations by COMAR 15.20.08.07D; and

(j) Documentation justifying any changes made to the nutrient management plan, as provided under Regulation .05C of this chapter.

(5) An operator shall keep the records required by §B(4)(a)-(h) of this regulation in a manner acceptable to the Department and shall make them available to the Department, upon request.

Md. Code Regs. 15.20.07.06

Regulation .06A amended effective April 16, 2001 (28:7 Md. R. 692)
Regulation .06 amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684); amended effective 47:20 Md. R. 877, eff. 10/5/2020