1. A. Application to Transport Manure. To receive cost-share funds for transporting manure under the Poultry Manure Rail Export Process, a person shall submit to the Department a signed, complete, accurate, and legible Departmental application that includes:

   1. (1) The applicant’s name, address, telephone number, and email address;
   2. (2) The name and address of the eligible sending operation;
   3. (3) The name of the commercial poultry producer that contracts with the eligible sending operation to grow poultry;
   4. (4) A signed statement by the applicant to comply with the applicable Poultry Manure Rail Export Process rules;

   5. (5) The location and distance between the railway depots at which the manure will be:

      1. (a) Loaded onto rail cars before being shipped outside the Chesapeake Bay watershed; and
      2. (b) Unloaded from rail cars after being shipped outside the Chesapeake Bay watershed;
   6. (6) A statement that all applicable permits or approvals necessary for shipping the manure by rail have been obtained;
   7. (7) Following shipment by rail outside the Chesapeake Bay watershed, the location or facility at which the manure will be stored before being transported to farms for land application; and
   8. (8) Documentation that a performance bond or other security, as provided under Regulation .14 of this chapter, has been obtained.

2. B. A person transporting manure under the Poultry Manure Rail Export Process shall:

   1. (1) Obtain manure only from an eligible sending operation;
   2. (2) Handle and transport manure safely to prevent spillage and combustion, and in accordance with all biosecurity and environmental safeguards provided under Regulation .04 of this chapter;
   3. (3) Allow a Department representative, during normal business hours, to inspect and to have access to the place of business where records are kept, to determine compliance;
   4. (4) Obtain a performance bond or other security, as provided under Regulation .14 of this chapter; and

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

      1. (a) The name of the sending operation that provided the poultry manure, including address, telephone number, and property account identification number used by the Maryland Department of Assessments and Taxation to indicate the location of the producer;
      2. (b) The amount of poultry manure obtained from that producer; and
      3. (c) The amount of poultry manure shipped under the Poultry Manure Rail Export Process.
3. C. Cost-share rates are established in Regulation .11 of this chapter, and the payment to a poultry manure export participant shall be based on transporting poultry manure from the railway depot in Maryland to the depot outside the Chesapeake watershed.

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)