Md. Code Regs. 15.20.01.03 - General Requirements
A.
Required Plans.
(1) For any project
constructed or reconstructed before the effective date of this chapter, the
following apply:
(a) All associations which
operate and maintain a project shall submit to the Secretary for approval:
(i) Within 1 year of the effective date of
this chapter, an inspection report for the project detailing the conditions of
the association's drainage system, and
(ii) Within 5 years of the effective date of
this chapter, an operation and maintenance plan for the project and an
implementation schedule of needed corrective maintenance and repairs to the
project;
(b) Until such
time that an operation and maintenance plan for the project is approved by the
Secretary, an association shall perform needed maintenance to the project in an
environmentally sound manner;
(c)
An association shall operate and maintain a project according to the operation
and maintenance plan for the project approved by the Secretary;
(d) If an association intends to perform any
project maintenance not addressed in an existing operation and maintenance plan
for a project approved by the Secretary, the association shall obtain the
written approval of the Secretary, except that an association may make
immediate corrective repairs to a project when necessary;
(e) The Secretary shall make the final
determination whether any proposed activity on a project is maintenance or
reconstruction.
(2) For
any project constructed or reconstructed after the effective date of this
chapter, the following apply:
(a) Before
constructing or reconstructing a project, an association shall have a
construction or reconstruction plan and an operation and maintenance plan for
the project approved by the Secretary;
(b) An association shall construct or
reconstruct, operate and maintain a project according to the construction or
reconstruction plan and the operation and maintenance plan for the project
approved by the Secretary;
(c) If
an association intends to perform any project maintenance not addressed in a
existing operation and maintenance plan for the project approved by the
Secretary, the association shall obtain the written approval of the Secretary,
except that an association may make immediate corrective repairs to a project
when necessary;
(d) The Secretary
shall make the final determination whether any proposed activity on a project
is maintenance or reconstruction.
B. Land Use Requirements.
(1) Before any project's construction or
reconstruction plan is approved:
(a) All of
the association's taxable cropland acreage in a proposed project shall be under
a:
(i) Current, not more than 10 years old,
soil conservation and water quality plan; or
(ii) Signed cooperator's agreement.
(b) If any landowner refuses to
comply with §B(1)(a), the Secretary may:
(i) Waive the requirement of §B(1)(a)
for those uncooperative landowners in a proposed project; and
(ii) Not waive this requirement for more than
20 percent of the association's taxable cropland acreage.
(2) Those BMPs necessary to
minimize non-point source water pollution shall be implemented on the cropland
acreage within a proposed project.
(3) Soil conservation and water quality plans
for farms within a proposed project shall be implemented, if possible,
according to a timetable established by the soil conservation and water quality
plan.
Notes
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