1. A. In this chapter, the following terms have the meanings indicated.

2. B. Terms Defined.

   1. (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. (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. (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. (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. (5) “Department” means the Maryland Department of Agriculture.
   6. (6) “Eligible cost” means a cost that the Department determines is necessary for the transport and handling of manure.

   7. (7) “Eligible receiving operation” means a person who land-applies manure and:

      1. (a) Receives manure from an eligible sending operation;
      2. (b) Has fields containing soils that are not phosphorus overenriched; and
      3. (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. (8) “Eligible sending operation” means a person who:

      1. (a) Either is:

         1. (i) A poultry grower under contract with a commercial poultry producer participating in the Project; or
         2. (ii) A person who raises or manages livestock; and

      2. (b) Has land identified as being phosphorus overenriched or cannot use for crop production all of the generated manure because the person has:

         1. (i) No cropland; or
         2. (ii) An insufficient amount of cropland near the production site to apply the manure according to a nutrient management plan.

   9. (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:

      1. (a) All receiving fields have soil phosphorus FIV less than 101 (or an equivalent value); and
      2. (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. (10) “Fertility index value” or “FIV” means an index used to describe the relative availability of a nutrient to a plant or crop.
   11. (11) “Livestock manure” means manure generated from farm animals other than broiler chickens raised under contract for a commercial poultry producer.
   12. (12) “Manure” means the fecal and urinary excretion of poultry and livestock, including poultry litter and materials used as bedding.

   13. (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:

       1. (a) An eligible receiving operation;
       2. (b) A person who can utilize manure for an alternative use; or
       3. (c) A person outside the Chesapeake Bay watershed pursuant to the Poultry Manure Rail Export Process.

   14. (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:

       1. (a) Minimize nutrient loss or runoff; and
       2. (b) Maintain the productivity of soil when growing agricultural products.
   15. (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. (16) "Poultry grower” means a person who:

       1. (a) Is under contract with a commercial poultry producer; and
       2. (b) Generates manure from poultry.
   17. (17) “Poultry manure” means manure generated by a poultry grower under contract with a commercial poultry producer.
   18. (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. (19) “Producer” means a person who generates manure from animal production.
   20. (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. (21) “Project” means the Manure Transportation Project Program.
   22. (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. (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:

       1. (a) All receiving fields have soil phosphorus FIV less than 150 (or an equivalent value);
       2. (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
       3. (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.

Authority: Agriculture Article, §8-704.2, Annotated Code of Maryland

Effective date:

Regulations .01—.07 adopted as an emergency provision effective January 7, 1999 (26:3 Md. R. 174); adopted permanently effective April 5, 1999 (26:7 Md. R. 546)

Chapter revised as an emergency provision effective July 17, 2000 (27:16 Md. R. 1520); revised permanently effective October 30, 2000 (27:21 Md. R. 1977)

Chapter revised as an emergency provision effective December 1, 2000 (27:26 Md. R. 2356); revised permanently effective March 19, 2001 (28:5 Md. R. 552)

Chapter revised as an emergency provision effective March 24, 2004 (31:8 Md. R. 644); revised permanently effective June 21, 2004 (31:12 Md. R. 913)

Chapter revised effective February 15, 2016 (43:3 Md. R. 273)

Regulations .01—.10 repealed and new Regulations .01—.16 adopted as an emergency provision effective May 29, 2020 (47:13 Md. R. 639); adopted permanently effective November 2, 2020 (47:22 Md. R. 936)