Section 8-803.1 - Nutrient management plans - General provisions(a) In this section, "gross income" means the actual income that is received in a calendar year that results directly from the farm or agricultural use of the land.(b) This section does not apply to: (1) An agricultural operation with less than $2,500 in gross income; or(2) A livestock operation with less than eight animal units defined as 1,000 pounds of live animal weight per animal unit.(c) The Governor shall provide sufficient funding in each fiscal year's budget to:(1) Assist in the development of nutrient management plans;(2) Meet the technical assistance and evaluation requirements of this section;(3) Meet the State's requirements for the implementation of the Manure Transportation Project under § 8-704.2 of this title; and(4) Provide State assistance under the Maryland Agricultural Water Quality Cost Share Program in the Department.(d)(1) State cost sharing may be made available to help offset the costs of having a nutrient management plan prepared by a certified nutrient management consultant who is not employed by the federal, State, or a local government.(2) The Secretary of Agriculture shall adopt regulations authorizing the disbursement of State cost sharing funds under this subsection.(3) The Department may procure the services of a private certified nutrient management consultant to develop nutrient management plans for persons operating a farm.(e)(1) By December 31, 2001, a person who, in operating a farm, uses chemical fertilizer, shall have a nutrient management plan for nitrogen and phosphorus that meets the requirements of this subtitle.(2)(i) By December 31, 2001, a person who, in operating a farm, uses sludge or animal manure, shall have a nutrient management plan for nitrogen.(ii) By July 1, 2004, a person who, in operating a farm, uses sludge or animal manure, shall have a nutrient management plan for nitrogen and phosphorus.(f)(1) By December 31, 2002, a person who, in operating a farm, uses chemical fertilizer, shall comply with a nutrient management plan for nitrogen and phosphorus that meets the requirements of this subtitle.(2)(i) By December 31, 2002, a person who, in operating a farm, uses sludge or animal manure, shall comply with a nutrient management plan for nitrogen that meets the requirements of this subtitle.(ii) By July 1, 2005, a person who, in operating a farm, uses sludge or animal manure, shall comply with a nutrient management plan for nitrogen and phosphorus that meets the requirements of this subtitle.(g) A person may meet the requirements of subsection (e) of this section by requesting, at least 60 days before the applicable date set forth in subsection (e) of this section, the development of a nutrient management plan by a certified nutrient management consultant.(h)(1) If a person violates the provisions of subsection (e) of this section, the Department shall notify the person that the person is in violation of the requirement to have a nutrient management plan.(2) After a reasonable period of time, if the person fails to have a nutrient management plan, the person is subject to an administrative penalty of not less than $100 and not more than $250.(i)(1) A person who violates any provision of subsection (f) of this section or of any rule, regulation, or order adopted or issued under this section is subject to:(i) For a first violation, a warning; and(ii) For a second or subsequent violation, after an opportunity for a hearing which may be waived in writing by the person accused of a violation, an administrative penalty that may be imposed by the Department of Agriculture.(2) The penalty imposed on a person under paragraph (1)(ii) of this subsection shall be: (i) Subject to paragraph (3) of this subsection, not more than $500 for each violation, but not exceeding $5,000 per farmer or operator per year; and(ii) Assessed with consideration given to: 1. The willfulness of the violation, the extent to which the existence of the violation was known to but uncorrected by the violator, and the extent to which the violator exercised reasonable care;2. Any actual harm to the environment or to human health;3. The available technology and economic reasonableness of controlling, reducing, or eliminating the violation; and4. 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.(3) If the violation involved the knowing application of phosphorus to a site where, because of the site's soil characteristics, Department regulations prohibit the application of phosphorus, the penalty imposed on a person under paragraph (1)(ii) of this subsection shall be not less than $250.(4)(i) Except as provided in subparagraph (ii) of this paragraph, each day a violation occurs is a separate violation under this subsection.(ii) Daily penalties do not continue to accrue as long as the farmer takes reasonable steps to correct the violation.(5) Any penalty imposed under this subsection is payable to the Maryland Agricultural Water Quality Cost Share Program within the Department.(j) If a person violates any provision of this section, the Department may: (1) Require repayment of cost share funds under Subtitle 7 of this title for the project that is in violation; or(2) Deny or restrict future cost share payments under Subtitle 7 of this title.(k)(1) The Department shall determine compliance with the provisions of this section.(2) The Department may review the nutrient management plan and records relating to the plan at a location agreed to by the Department and the person operating the farm.(3) In conducting a site visit and reviewing the nutrient management plan and related records, the Department's evaluation shall be limited solely to determining whether the person operating the farm is in compliance with the provisions of this section or the regulations implementing this section.(4) In conducting a site visit, the Department shall:(i) Provide the person operating the farm at least 48 hours advance notice;(ii) Enter the property at a reasonable time that allows the person operating the farm to be present; and(iii) Conduct the evaluation in a manner that minimizes any inconvenience to the person operating the farm.(5) If a person operating a farm fails to cooperate with the Department's request to conduct a site visit and review of a nutrient management plan and records relating to the plan, that person is subject to subsections (i) and (j) of this section.(6) In determining where to focus enforcement efforts under this subsection, the Department shall prioritize farms for which the Department has not received soil test phosphorus levels, as required by Department regulations.Amended by 2019 Md. Laws, Ch. 760,Sec. 1, eff. 10/1/2019.