2013 Maryland Code
AGRICULTURE
§ 8-803 - Certifications and licenses -- Application; issuance; term; renewal.

§8-803.

(a) To apply for certification as a nutrient management consultant, an applicant shall:

(1) Submit to the Department an application on the form the Department requires; and

(2) Pay to the Department the certification fee stated in § 8-806 of this subtitle.

(b) The Department shall certify any individual who:

(1) Meets the requirements of this subtitle;

(2) Meets the Department’s educational requirements, including a program on the proper application of nutrients;

(3) Passes a Department approved examination; and

(4) (i) Is employed by a person licensed under this subtitle; or

(ii) Holds a license as required by this subtitle.

(c) To apply for a license an applicant shall:

(1) Submit to the Department an application on the form the Department requires; and

(2) Pay to the Department the applicable license fee stated in § 8-806 of this subtitle.

(d) The Department shall license a person who meets the requirements of this subtitle.

(e) A certificate or license is issued for 1 year unless the certificate or license is renewed as provided by this subtitle.

(f) The Department shall renew the certificate or license of any applicant for a 3-year term if the applicant:

(1) Submits a renewal application on the form that the Department requires;

(2) Pays to the Department the applicable fee stated in § 8-806 of this subtitle;

(3) Complies with applicable continuing education requirements;

(4) Complies with applicable record keeping and reporting requirements; and

(5) Otherwise is entitled to be certified or licensed.

(g) (1) The Department may issue a farm operator’s plan development certificate to a person operating a farm for the development of that person’s own nutrient management plan.

(2) The certificate is valid provided the person operating the farm:

(i) Has paid the one-time fee provided in § 8-806 of this subtitle;

(ii) Has passed an examination as determined by the Department;

(iii) Complies with applicable continuing education requirements;

(iv) Complies with applicable record keeping and reporting requirements; and

(v) Otherwise is entitled to be certified.

§ 8-803 - 1. Nutrient management plans -- General provisions

(a) "Gross income" defined. -- 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) Applicability. -- 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) Funding. -- 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) Cost sharing. --

(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) Plan requirements. --

(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) Compliance with nutrient management plans. --

(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) Certified nutrient management consultant. -- 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) Notice of violations. --

(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 not to exceed $ 250.

(i) Penalties. --

(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) Up to $ 100 for each violation, but not exceeding $ 2,000 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; and

4. 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) (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.

(4) Any penalty imposed under this subsection is payable to the Maryland Agricultural Water Quality Cost Share Program within the Department.

(j) Remedies of Department. -- 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) Compliance; site visits. --

(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.

§ 8-803 - 2. Certified nutrient management consultants

(a) Certification. -- A person who applies nutrients for hire to land used for agricultural purposes shall be a certified nutrient management consultant or work under a nutrient management consultant certified under § 8-803 of this subtitle.

(b) Documentation by noncertified consultants. -- A person who applies nutrients for hire to land used for agricultural purposes, who is not a certified nutrient management consultant, shall make available documentation, in the form of a work order, bill of lading, or similar document, to the landowner or land manager that the person is working under a certified nutrient management consultant.

(c) Regulations. -- The Secretary shall adopt regulations to implement this section.

§ 8-803 - 3. Nutrient application educational programs

(a) Applicability. -- This section does not apply to:

(1) A person who applies nutrients to 10 acres or less of land each year; or

(2) A person who applies nutrients for hire.

(b) Continuing education programs -- Vouchers. -- A person who engages in the activity of applying nutrients to land which the person owns or manages and which is used for agricultural purposes shall complete an educational program in nutrient application every 3 years.

(c) Nutrient application educational programs. --

(1) The Secretary, in consultation with the Nutrient Management Advisory Committee under § 8-804 of this subtitle, shall create or approve educational programs under this section.

(2) The nutrient application educational programs are to be offered at sites distributed throughout the State.

(3) The Department shall issue to a participant upon completion of an education program under this section, a voucher of completion.

(4) The Department shall maintain a registry of persons who have received vouchers of completion in a nutrient application educational program under this section.

§ 8-803 - 4. Application of fertilizer by professional applicator [Subject to amendment effective October 1, 2013; amended version follows this section]

(a) Applicability of section. -- This section applies to an application of commercial fertilizer, as defined in § 6-201 of this article:

(1) That is performed by:

(i) A person who applies commercial fertilizer for hire; or

(ii) An employee of the owner or manager of the property; and

(2) To:

(i) Ten acres or more annually, whether one or multiple parcels, of property that is not used for agricultural purposes; or

(ii) State property that is not used for agricultural purposes.

(b) Requirements for using commercial fertilizer. -- A person may apply commercial fertilizer only if the person applies the commercial fertilizer in a manner that is consistent with the recommendations of the University of Maryland Cooperative Extension Service.

(c) Penalties. --

(1) A person who violates any provision of this section is subject to a civil penalty of not more than $ 1,000 for a first violation.

(2) A person who violates any provision of this section is subject to a civil penalty of not more than $ 2,000 for each subsequent violation.

(3) Each day a violation occurs under this section is a separate violation.

(4) 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.

(d) Assessment of penalty. -- The penalty imposed on a person under this section shall be assessed with consideration given 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 the State or the natural resources of the 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 or 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.

(e) Disposition of penalties. -- Penalties collected by the Secretary under this section shall be paid into the General Fund of the State.

§ 8-803 - 4. Restrictions on application of fertilizer by professional applicator (Amendment effective October 1, 2013.)

(a) "Fertilizer" defined. -- In this section, "fertilizer" means a commercial fertilizer and specialty fertilizer.

(b) Applicability of section. --

(1) This section applies to a professional fertilizer applicator who applies fertilizer to:

(i) Property that is not used for agricultural purposes; or

(ii) State property that is not used for agricultural purposes.

(2) This section does not apply to the application of fertilizer on commercial farms.

(c) Restrictions -- In general. -- A professional fertilizer applicator may not:

(1) Apply fertilizer to turf without first obtaining a fertilizer application certification, unless the person is under the direct supervision of a certified professional fertilizer applicator, in accordance with § 8-803.6 of this subtitle; or

(2) Apply fertilizer intended for use on turf on an impervious surface.

(d) Fertilizer containing phosphorus or nitrogen. --

(1) Except as provided in paragraph (2) of this subsection, a professional fertilizer applicator may not apply fertilizer containing phosphorus or nitrogen to turf:

(i) Before March 1 or after November 15 of any calendar year;

(ii) Any time the ground is frozen; or

(iii) In an amount that is inconsistent with the annual recommended rate established by the University of Maryland.

(2) From November 16 through December 1 of each calendar year, a professional fertilizer applicator may apply water-soluble nitrogen to turf at an application rate of no more than 0.5 pounds per 1,000 square feet of water-soluble nitrogen.

(e) Fertilizer containing phosphorus or nitrogen -- State waters. --

(1) Except as provided in paragraph (2) of this subsection, a professional fertilizer applicator may not apply fertilizer containing phosphorus or nitrogen to turf that is within 15 feet of waters of the State.

(2) When a drop spreader, rotary spreader with a deflector, or targeted spray liquid is used for fertilizer application, the setback required under paragraph (1) of this subsection may be reduced to 10 feet.

(3) The establishment of setbacks for fertilizer application under this subsection does not preclude the establishment or applicability of, or compliance with, any other environmental standards established under any other State or federal law, rule, or regulation.

(f) Fertilizer containing nitrogen and enhanced efficiency fertilizer. --

(1) Except as provided in paragraph (2) of this subsection, a professional fertilizer applicator may not apply fertilizer containing nitrogen to turf:

(i) At an application rate of more than 0.7 pounds per 1,000 feet of water-soluble nitrogen; and

(ii) At an application rate of more than 0.9 pounds per 1,000 square feet of total nitrogen.

(2) (i) Subject to subparagraphs (ii) and (iii) of this paragraph, a professional fertilizer applicator may apply an enhanced efficiency fertilizer:

1. At an annual application rate of no more than 2.5 pounds per 1,000 square feet of nitrogen; and

2. That has a release rate of no more than 0.7 pounds per 1,000 square feet of total nitrogen per month.

(ii) The annual total application rate of an enhanced efficiency fertilizer may not exceed 80% of the annual recommended rate for total nitrogen established by the University of Maryland.

(iii) An enhanced efficiency fertilizer may not be applied after November 15 or before March 1 of each calendar year.

(g) Fertilizer containing phosphorus and natural or natural organic fertilizer. --

(1) Except as provided in paragraphs (2) and (4) of this subsection, a professional fertilizer applicator may not apply fertilizer containing phosphorus to turf.

(2) A professional fertilizer applicator may apply organic or natural organic fertilizer containing phosphorus to turf when:

(i) 1. A soil test performed no more than 3 years before the fertilizer application indicates a low or medium level of phosphorus; and

2. The fertilizer is applied at a rate recommended by the University of Maryland; and

(ii) 1. Beginning October 1, 2013, a soil test performed no more than 3 years before the fertilizer application indicates a low or medium level of phosphorus; and

2. A low phosphorus fertilizer, as defined under § 6-201 of this article, that is an organic or natural organic fertilizer is applied at a rate recommended by the University of Maryland.

(3) Paragraph (2) of this subsection does not authorize a professional fertilizer applicator to apply fertilizer containing phosphorus when a soil test indicates an optimum or excessive level of phosphorus.

(4) A professional fertilizer applicator may apply fertilizer to turf containing phosphorus if the professional fertilizer applicator:

(i) Determines that the fertilizer is necessary for the specific soils and target vegetation in accordance with a soil test performed no more than 3 years before the fertilizer application, provided the application complies with the recommendations established by the University of Maryland;

(ii) Is establishing vegetation for the first time, such as after land disturbance, provided the application complies with the recommendations established by the University of Maryland; or

(iii) Is reestablishing or repairing a turf area.

(h) Penalties. --

(1) A person who violates any provision of this section is subject to a civil penalty of not more than $ 1,000 for a first violation.

(2) A person who violates any provision of this section is subject to a civil penalty of not more than $ 2,000 for each subsequent violation.

(3) Each day a violation occurs under this section is a separate violation.

(4) 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.

(i) Assessment of penalty. -- The penalty imposed on a person under this section shall be assessed with consideration given 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 the State or the natural resources of the 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 or 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.

(j) Disposition of penalties. -- Penalties collected by the Secretary under this section shall be paid into the General Fund of the State.

(k) Regulations. -- The Department may adopt regulations to implement this section.

§ 8-803 - 5. Application of fertilizer by persons [Subject to repeal and reenactment effective October 1, 2013]

The Department may adopt regulations for agricultural research, education, and demonstration exemptions to this subtitle.

§ 8-803 - 5. Application of fertilizer by persons (Section effective October 1, 2013.)

(a) "Fertilizer" defined. -- In this section, "fertilizer" means commercial fertilizer and specialty fertilizer.

(b) Applicability of section. --

(1) This section applies to a person who applies fertilizer to:

(i) Property that is not used for agricultural purposes; or

(ii) State property that is not used for agricultural purposes.

(2) This section does not apply to the application of fertilizer on commercial farms.

(c) Restrictions -- In general. -- A person may not:

(1) Apply fertilizer intended for use on turf to an impervious surface; and

(2) Apply fertilizer containing phosphorus or nitrogen to turf:

(i) Before March 1 or after November 15 of any calendar year; or

(ii) At any time when the ground is frozen.

(d) Restrictions -- State waters. --

(1) Except as provided in paragraph (2) of this subsection, a person may not apply fertilizer containing phosphorus or nitrogen to turf that is within 15 feet of waters of the State.

(2) When a drop spreader, rotary spreader with a deflector, or targeted spray liquid is used for fertilizer application, the setback required under paragraph (1) of this subsection may be reduced to 10 feet.

(3) The establishment of setbacks for fertilizer application under this subsection does not preclude the establishment or applicability of, or compliance with, any other environmental standards established under any other State or federal law, rule, or regulation.

(e) Requirements -- In general. -- Except as provided in subsections (c) and (d) of this section, a person may apply fertilizer to turf containing phosphorus if the person:

(1) Determines that the fertilizer is necessary for the specific soils and target vegetation in accordance with a soil test performed no more than 3 years before the fertilizer application, provided the application complies with the recommendations established by the University of Maryland;

(2) Is establishing vegetation for the first time, such as after land disturbance, provided the application complies with the recommendations established by the University of Maryland; or

(3) Is reestablishing or repairing a turf area.

(f) Additional requirements. --

(1) Except as provided in paragraph (2) of this subsection and in addition to the requirements set forth in this section, a person, other than a professional fertilizer applicator, may not:

(i) Apply fertilizer to turf:

1. In an amount that is inconsistent with the annual recommended rate established by the University of Maryland; and

2. That contains nitrogen that is less than 20% slow release;

(ii) Apply nitrogen to turf:

1. At an application rate of more than 0.7 pounds per 1,000 square feet of water-soluble nitrogen; and

2. At an application rate that is more than 0.9 pounds per 1,000 square feet of total nitrogen; and

(iii) Apply fertilizer to a golf course.

(2) (i) Subject to subparagraphs (ii) and (iii) of this paragraph, a person may apply an enhanced efficiency fertilizer:

1. At an annual application rate of no more than 2.5 pounds per 1,000 square feet of nitrogen; and

2. That has a release rate of no more than 0.7 pounds per 1,000 square feet of nitrogen per month.

(ii) The annual total application rate of an enhanced efficiency fertilizer may not exceed 80% of the annual recommendation rate established by the University of Maryland.

(iii) Enhanced efficiency fertilizers may not be applied after November 15 or before March 1 of each calendar year.

(g) Enforcement. -- A county or municipality may enforce this section.

(h) Regulations. -- The Department may adopt regulations to implement this section.

§ 8-803 - 6. Certification program for professional fertilizer applicators

(a) Established. --

(1) The Department shall, in consultation with the University of Maryland, establish a program to certify professional fertilizer applicators.

(2) The certification program shall provide professional fertilizer applicators with training and education in the following subject areas:

(i) The proper use and calibration of fertilizer application equipment;

(ii) The hazards involved in, and the environmental impact of, applying fertilizer, including nutrient pollution to the waters of the State;

(iii) All applicable State and federal laws, rules, and regulations;

(iv) The correct interpretation of fertilizer labeling information; and

(v) The recommendations developed by the University of Maryland for nutrient management on turf, including the appropriate time to:

1. Apply fertilizer when rain is forecast; and

2. Apply fertilizer when soils are wet and the potential for fertilizer movement off-site exists.

(b) Fees; training. -- In establishing the certification program, the Department may:

(1) Charge reasonable fees, including an annual recertification fee, to cover costs associated with the certification program;

(2) Require continuing education or training for professional fertilizer applicators;

(3) Designate one or more entities to train, certify, and recertify professional fertilizer applicators, which may charge fees to cover the reasonable costs associated with the certification training and education; and

(4) Recognize the training program of an entity employing professional fertilizer applicators if the program meets the certification and recertification training and education standards established by the Department under this section.

(c) List of certified applicators. -- The Department shall publish and maintain a list of all certified professional fertilizer applicators and make the list available on the Department's Internet Web site.

(d) Regulations. -- The Department may adopt regulations to implement this section.

§ 8-803 - 7. Public education program; soil testing; fertilizer turf guidelines

(a) Public education program. -- The Department, in consultation with the University of Maryland, shall develop a program of public education that shall include:

(1) The dissemination of information regarding nutrient pollution;

(2) Best management practices for fertilizer use;

(3) Soil testing;

(4) Proper interpretation of fertilizer label instructions; and

(5) The proper use and calibration of fertilizer application equipment.

(b) Soil testing. -- The University of Maryland shall identify laboratories that:

(1) Follow the recommended soil testing procedures for the mid-Atlantic United States; and

(2) Provide a final report to a requestor of soil testing with the results of a soil test.

(c) Fertilizer turf guidelines. -- The University of Maryland shall review its fertilizer turf guidelines every 3 years and revise the guidelines as necessary, with consideration of plant nutrient requirements and established State goals to protect water quality in the waters of the State.

§ 8-803 - 8. Regulation of fertilizer and its application

(a) Department is exclusive authority. -- Except for enforcement as authorized under § 8-803.5(g) of this subtitle, the Department has the exclusive authority to establish standards regulating fertilizer and its application to turf.

(b) Local laws prohibited. -- A local government entity may not adopt laws, regulations, rules, ordinances, or standards regulating fertilizer and its application to turf.

(c) Compliance with provisions of Environment Article. -- Subsections (a) and (b) of this section do not exempt a person from complying with any provision of, or any regulation adopted in accordance with, the Environment Article.

§ 8-803 - 9. Regulations

The Department may adopt regulations for agricultural research, education, and demonstration exemptions to this subtitle.