Md. Code Regs. 15.20.07.06 - Record-Keeping and Reporting Requirements
A. Operator Reporting Requirements-Plan
Development.
(1) An operator shall submit to
the Department a summary of the nutrient management plan for the agricultural
operation in a form that the Department requires when it is first developed to
meet requirements of this chapter, according to the deadlines provided by
Regulation .04A and B of this chapter.
(2) A nutrient management plan submitted to
the Department by an operator for the first time shall include:
(a) A statement agreeing to cooperate with
the Department to establish a reasonable time to evaluate compliance with the
plan, by reviewing records and visiting the farm site or sites, as provided in
§B(2) of this regulation;
(b)
Descriptive information of the agricultural operation provided on a Department
form, including the owner or operator, location of the operation, type of
agricultural operation, and name of the individual preparing the
plan;
(c) A summary section of the
plan indicating all nutrient recommendations during the plan period, as
provided by COMAR
15.20.08.04F;
(d) Soil analysis information; and
(e) A clearly recognizable map or aerial
photograph identifying location and boundaries of the agricultural operation,
individual field boundaries or management units, and acreage.
(3) Following the first submission
of required nutrient management plan information to the Department, all
operators subject to this chapter shall file by March 1 of each year an annual
implementation report The report shall be submitted on a form that the
Department requires, and shall include, but not be limited to:
(a) A summary of basic information
identifying the operator and characterizing the farm operation to include any
changes in information on the agricultural operation that was provided in the
reporting form for the first submitted plan;
(b) Total acreage managed under a nutrient
management plan by crop and total nutrients applied by crop;
(c) If the operator, in conjunction with the
agricultural operation, uses or produces animal manure, the following
information:
(i) The amount of animal manure
imported to or exported from the operator's farm;
(ii) For any animal manure that was imported,
including manure received through a manure broker, the name and location of the
sending farm; and
(iii) For any
animal manure that was exported, the name and location of the farm, alternative
use facility, or manure broker that received the manure; and
(d) A statement verifying that:
(i) The information provided is true and
accurate; and
(ii) A valid nutrient
management plan will be followed during the current cropping season and
upcoming cropping year.
(4) The Department shall keep, and shall
protect the confidentiality of, all nutrient management plan information
submitted, so as to protect the identity of the person for whom the plan was
developed.
B. Operator
Record-Keeping Requirements-Plan Implementation.
(1) The Department may periodically review
records of an agricultural operator solely to determine if a nutrient
management plan is implemented in accordance with the provisions of this
chapter. The Department shall prioritize its enforcement efforts against those
operations for which the Department has not received soil test phosphorus
levels as required by COMAR 15.20.04.11.
(2) When reviewing an operator's records, the
Department shall:
(a) Arrange a meeting with
the operator at a reasonable time and location, that allows the property owner
or operator to be present, with a minimum of 48 hours prior notice;
and
(b) Conduct the evaluation in a
manner that minimizes any inconvenience to the operator.
(3) A person operating a farm who fails to
cooperate with the Department's request to conduct a site visit or review a
nutrient management plan and records relating to the plan is subject to the
penalties provided in Regulation .07 of this chapter.
(4) Except as provided in this section, an
operator subject to this chapter shall retain for 3 years the following
records:
(a) Any nutrient management plan
prepared for an agricultural operation, as required under this
chapter;
(b) Soil analysis results
for an agricultural operation;
(c)
For agricultural crops produced or harvested annually, specific field or
management unit yield information for the last 5 years which may include
estimates based on volume or weight;
(d) For agricultural products that are not
produced or harvested annually, or whose production is not managed based on an
annual yield goal, such as nursery plants, information documenting nutrient use
to meet specific production goals for three production cycles, or 3 years,
whichever is less;
(e) For
out-of-ground or container production, a description of production cycles and
methods for all plants grown, including the following:
(i) The length of the production cycle and
primary nutrients applied in each growing cycle,
(ii) A description of substrates used,
and
(iii) An analysis of organic
materials used as a source of nutrients in the substrate;
(f) Receipts related to the purchase of
nutrients;
(g) Documentation of the
timing, rate, quantity, type or types, and analysis of nutrients used with
reference to field location and number, or management unit, consistent with the
production plan, site map, or aerial photograph provided in the nutrient
management plan identifying that agricultural land;
(h) Manure analysis results when animal
manure is used as a nutrient source, and information about the manure
management system, if animals are part of the production unit or if animal
manure is used as a nutrient source, but animals are not produced on the
operation;
(i) Monitoring
information on runoff testing, including test results, as required for
out-of-ground agricultural operations by COMAR
15.20.08.07D;
and
(j) Documentation justifying
any changes made to the nutrient management plan, as provided under Regulation
.05C of this chapter.
(5) An operator shall keep the records
required by §B(4)(a)-(h) of this regulation in a manner acceptable to the
Department and shall make them available to the Department, upon
request.
Notes
Regulation .06 amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684); amended effective 47:20 Md. R. 877, eff.
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