Md. Code Regs. 15.20.05.09 - Alternative Use Process

A. Application to Transport Manure. To receive cost-share funds for transporting manure under the Alternative Use Process, the applicant, whether a broker or an alternatives use operation, shall submit directly to the Department a signed, complete, accurate, and legible Departmental application that includes:

(1) The applicant's name, address, telephone number, and email address;

(2) For poultry manure:

(a) The farm name of the eligible sending operation and the owner or operator's name and address; and

(b) The name of the commercial poultry producer that contracts with the eligible sending operation to grow poultry;

(3) For livestock manure, the name of the eligible sending operation and the owner or operator's name and address; and

(4) The name and address of the approved alternative use operation.

B. Participation Requirements for Alternative Use Operations. To participate as an alternative use operation under the Project, the operation shall:

(1) Submit the following information to the Department:

(a) Documentation regarding planned use or treatment of any nutrient-enriched byproducts produced from the processing of manure;

(b) Documentation of proof of compliance and evidence that all applicable permits or approvals to operate a facility have been obtained;

(c) Documentation, if not covered by a permit, regarding efforts to minimize environmental impacts during the manufacturing or processing of products containing manure;

(d) The location of a delivery site for the off-loading of manure that is safe and does not pose any undue environmental risk to water quality as determined by the Department;

(e) The location and manner of storing or stockpiling manure that protects it from rainfall, runoff, and leaching; and

(f) Documentation that a performance bond or other security, as provided under Regulation .14 of this chapter, has been obtained; and

(2) Agree to:

(a) Obtain manure only from an eligible sending operation;

(b) Use manure in an environmentally acceptable way, as determined by the Department, other than by direct land application in an unprocessed form;

(c) Handle and transport manure in accordance with all biosecurity and environmental safeguards as provided under Regulation .04 of this chapter;

(d) Allow a Department representative, during normal business hours, to inspect and to have access to the stockpile, storage area, and place of business where records are kept, to determine compliance; and

(e) Maintain inventory records for at least 3 years from date of payment, showing:

(i) The name and location of the producer, including the property account identification number used by the Maryland Department of Assessments and Taxation to indicate the location of the producer;

(ii) The amount of manure obtained from that producer;

(iii) The amount of manure stored daily and amount of each type of product or byproduct processed or produced daily;

(iv) The amount of commodities or additives blended or processed;

(v) The name of the receiver or receivers of the product or byproduct produced, including address, telephone number, and location; and

(vi) The amount of product or byproduct shipped to each receiver.

C. Cost-share rates are established in Regulation .11 of this chapter, and the payment to an alternative use participant shall be based on:

(1) Transporting manure either:

(a) From an eligible sending operation to an alternative use facility; or

(b) From the alternative use facility to the receiver of the processed product; and

(2) The lesser of the manure tonnage from the sending operation to the alternative use facility, or the tonnage from the alternative use facility to the receiver of the processed product.

Notes

Md. Code Regs. 15.20.05.09

Regulations .09 recodified from .08 effective 43:3 Md. R. 273, eff.2/15/2016; amended effective 47:22 Md. R. 936, eff. 11/2/2020