Md. Code Regs. 15.20.07.07 - Administrative Penalty for Failure to Have, Implement, or Comply with a Nutrient Management Plan
A. An operator
who does not have a nutrient management plan that meets the requirements of
this chapter is subject to a written warning for a first violation. If an
operator fails to obtain a nutrient management plan after a reasonable period
of time following receipt of this notice, the operator is subject to an
administrative penalty of not less than $100 and not more than $250 for this
violation and any subsequent violation for failing to obtain the requisite
nutrient management plan.
B. An
operator who fails to implement or otherwise comply with a nutrient management
plan that meets the requirements of this chapter is subject to a written
warning for a first violation. If, following a reasonable period of time from
receipt of this notice, an operator fails to implement or otherwise comply with
a plan that meets the requirements of this chapter, the operator is subject to
an administrative penalty for a second or subsequent violation of not more than
$500 for each violation, but not exceeding $5,000 per operator per calendar
year.
C. If the violation involved
the knowing application of phosphorus to a field or management unit where,
because of the field or management unit's soil characteristics, Department
regulations prohibit the application of phosphorous, the administrative penalty
imposed on an operator under §B of this regulation may not be less than
$250.
D. The Department shall
consider the following when assessing a civil penalty under §B of this
regulation:
(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 or the natural resources of
this State;
(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.
E. Each day that a violation of this chapter
occurs, except for failing to meet a deadline for having a plan, as provided in
Regulation .04A of this chapter, a separate violation under this chapter has
occurred. Daily penalties do not continue to accrue as long as the operator
takes reasonable steps to correct the violation. The maximum penalty accrued
may not exceed $5,000 per operator per year for each nutrient management plan.
F. Unless a stay has been granted,
an operator against whom a civil penalty has been imposed under this regulation
shall promptly pay the penalty to the Department.
G. If an operator violates any provision of
this chapter, the Department may require repayment of Agricultural Water
Quality Cost Share funds already disbursed to the operator for a project that
an operator is required to maintain, and may deny or restrict future cost share
payments to the operator under COMAR 15.01.05.
H. If an operator fails to comply with the
provisions of Regulation .04A of this chapter following the third citation by
the Department, the violation shall be referred to the Maryland Department of
the Environment for further action under COMAR
26.08.02.04D.
I. An operator may appeal the
Department's decision to impose a penalty under Agriculture Article,
§2-405, Annotated Code of Maryland.
Notes
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