Md. Code Regs. 15.20.05.02 - Definitions
A. In this chapter,
the following terms have the meanings indicated.
B. Terms Defined.
(1) 'Alternative use" means using poultry
manure or other animal manure in environmentally acceptable ways, as determined
by the Department, other than by direct land application in an unprocessed
form.
(2) 'Alternative use
operation " means a person or entity that uses or processes poultry or
livestock manure in environmentally acceptable ways, as determined by the
Department, other than by direct land application in an unprocessed
form.
(3) "Commercial poultry
producer" means an entity that contracts with a farmer to raise poultry for the
producer on property owned or leased by the farmer.
(4) "Cost-share" means a grant from the
Department for the purpose of handling and transporting manure from a farm in
any area of the State that the Department determines is subject to phosphorus
overenrichment.
(5) "Department"
means the Maryland Department of Agriculture.
(6) "Eligible cost" means a cost that the
Department determines is necessary for the transport and handling of
manure.
(7) "Eligible receiving
operation " means a person who land-applies manure and:
(a) Receives manure from an eligible sending
operation;
(b) Has fields
containing soils that are not phosphorus overenriched; and
(c) Has a certified nutrient management plan
for the operation that allows manure to be applied as a source of primary
nutrients to these fields.
(8) "Eligible sending operation " means a
person who:
(a) Either is:
(i) A poultry grower under contract with a
commercial poultry producer participating in the Project; or
(ii) A person who raises or manages
livestock; and
(b) Has
land identified as being phosphorus overenriched or cannot use for crop
production all of the generated manure because the person has:
(i) No cropland; or
(ii) An insufficient amount of cropland near
the production site to apply the manure according to a nutrient management
plan.
(9)
"Fast Track Process " means an expedited process by which an eligible person
applies for cost-share to transport manure under certain conditions including,
but not limited to, the following:
(a) All
receiving fields have soil phosphorus FIV less than 101 (or an equivalent
value); and
(b) Manure is applied
only to certain crops, at certain rates and times, consistent with the Maryland
Nutrient Management Manual, Section I-D, or as determined by the Department in
consultation with the University of Maryland Extension.
(10) "Fertility index value" or "FIV" means
an index used to describe the relative availability of a nutrient to a plant or
crop.
(11) "Livestock manure" means
manure generated from farm animals other than broiler chickens raised under
contract for a commercial poultry producer.
(12) "Manure" means the fecal and urinary
excretion of poultry and livestock, including poultry litter and materials used
as bedding.
(13) "Manure broker" or
"broker" means a person approved by the Department who moves, arranges, or
otherwise acts as the intermediary in the movement of manure from an eligible
sending operation to:
(a) An eligible
receiving operation;
(b) A person
who can utilize manure for an alternative use; or
(c) A person outside the Chesapeake Bay
watershed pursuant to the Poultry Manure Rail Export Process.
(14) "Nutrient management plan"
means a plan prepared by a certified nutrient management consultant or
certified farm operator to manage the amount, placement, timing, and
application of animal manure, fertilizer, biosolids, or other plant nutrients
in order to:
(a) Minimize nutrient loss or
runoff; and
(b) Maintain the
productivity of soil when growing agricultural products.
(15) "Phosphorus overenriched soil" means
soil with a phosphorus FIV value of 150 or greater (or an equivalent test
result value for phosphorus) and poses a water quality risk as determined by
the Department.
(16) "Poultry
grower" means a person who:
(a) Is under
contract with a commercial poultry producer; and
(b) Generates manure from poultry.
(17) "Poultry manure " means
manure generated by a poultry grower under contract with a commercial poultry
producer.
(18) "Primary nutrients"
means a plant food that is essential for normal plant growth and includes
nitrogen (N), available phosphate
(P2O5), or soluble potash
(K2).
(19)
"Producer" means a person who generates manure from animal
production.
(20) "Production site"
means the portion of the poultry grower's or livestock producer's land
encompassing the operation's manure generation and storage
facilities.
(21) "Project" means
the Manure Transportation Project Program.
(22) "Stackable manure " or "stacked manure "
means manure having less than an average of 60 percent moisture and having
physical properties to be unloaded and arranged into a stable pile.
(23) "Standard Process " means a process by
which an eligible person applies for cost-share to transport manure under
certain conditions including, but not limited to, the following:
(a) All receiving fields have soil phosphorus
FIV less than 150 (or an equivalent value);
(b) The manure is applied according to a
certified nutrient management plan excepting, however, fields having phosphorus
FIV range from 101 to 149 (or equivalent values), for which the operator must
follow manure recommendations using phosphorus as a limiting factor;
and
(c) The applicant submits to
the Department the receiving operation's current certified nutrient management
plan so that the Department can verify the manure recommendations and soil
phosphorus levels.
Notes
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