When areas of agricultural land or agricultural practices alleged to be in violation of Environment Article, §4-413(b), Annotated Code of Maryland, are included in an SCWQP which was approved by the district and was developed and implemented in accordance with the National Conservation Planning Manual and the Maryland Technical Guide, which are incorporated by reference in Regulation .04 of this chapter, or other guidance documents which were in effect at the time of plan development, the Department may not impose any penalties for a violation of Environment Article, §4-413(b), Annotated Code of Maryland, or this chapter on a person engaged in agricultural activities unless:

1. A. The agricultural practices in use on the area of land alleged to be in violation of Environment Article, §4-413(b), Annotated Code of Maryland, are not those described in the SCWQP for that area;
2. B. The conservation practices described in the SCWQP for the area alleged to be in violation of Environment Article,
   §4-413(b), Annotated Code of Maryland, are not constructed or implemented;
3. C. Except for practices accepted under Regulation .06C and D of this chapter, the conservation practices described in the SCWQP for the area alleged to be in violation of Environment Article, §4-413(b), Annotated Code of Maryland, are not implemented or constructed in accordance with the SCS standards for conservation practices described in the Maryland Technical Guide, which is incorporated by reference in Regulation .04 of this chapter; or

4. D. Agricultural practices exist on the person's agricultural operation which cause the approved conservation practices to fail to control sediment pollution, when the agricultural practices are:

   1. (1) Practiced or constructed on an area which is not included in a district-approved SCWQP, or
   2. (2) In an area included in an SCWQP, but not implemented or constructed in accordance with a district-approved SCWQP.

Authority: Environment Article, §§4-405 and 4-413, Annotated Code of Maryland

Effective date: March 28, 1994 (21:6 Md. R. 468)

Chapter recodified from COMAR 26.09.03 to COMAR 26.17.03, June 1996