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15.20.10.00.htm 15.20.10.00. Title 15 DEPARTMENT OF AGRICULTURE Subtitle 20 SOIL AND WATER CONSERVATION Chapter 10 Fertilizer Application Requirements for Land Not Used for Agricultural Purposes Authority: Agriculture Article, §8-801―8-806, Annotated Code of Maryland
15.20.10.01.htm 15.20.10.01. 01 Scope.. This chapter explains the requirements and training applicable to persons who apply nutrients to land that is not used for agricultural purposes.
15.20.10.02.htm 15.20.10.02. 02 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) “Applicator” means a person who applies any type of nutrient, as defined by this chapter, to any crop, plant, or land intended to be planted.2) “Department” means the Maryland Department of Agriculture or its designee.. 3) “Direct supervision” means the act or process whereby a fertilizer application is made by a trained employee acting under the instructions and cont
15.20.10.03.htm 15.20.10.03. 03 Certification Requirement.. A. A person who is paid to apply fertilizer to turf not used for agricultural purposes may not apply fertilizer containing nitrogen or phosphorus to turf unless that person is a certified professional fertilizer applicator, or working under the direct supervision of a professional fertilizer applicator.B. A person, other than a certified professional fertilizer applicator, a trained employee, or a person who merely markets services for a certified pr
15.20.10.04.htm 15.20.10.04. 04 Certification Program.. A. The Department, in consultation with the University of Maryland, shall establish a program to train and certify professional fertilizer applicators.B. This program shall include training and education in:. 1) The proper use and calibration of fertilizer application equipment;. 2) The hazards involved in, and the environmental impact of, applying fertilizer, including nutrient pollution to the waters of the State;
15.20.10.05.htm 15.20.10.05. 05 Professional Fertilizer Applicator.. A. Certification. Each applicant for a professional fertilizer applicator certificate shall register with the Department, on a form approved by the Department.B. Certification Requirements. Each applicant for a professional fertilizer applicator certificate shall;1) Pay a fee of $100; and. 2) Pass an examination given by the Department.. C. Recertification. A certification shall be renewed annually by:. 1) Applying to the Department;.
15.20.10.06.htm 15.20.10.06. 06 Examinations for Professional Fertilizer Applicator Certificate.. A. Each applicant for certification shall pass a written examination given by the Department.. B. Each applicant shall register with the Department at least 1 month before the scheduled examination date.C. The Department shall give the examination at least once a year.. D. There is a $10 fee for each reexamination.. E. The Department shall publish and maintain a list of all certified professional fertilizer applica
15.20.10.07.htm 15.20.10.07. 07 Business Licenses.. A. Each location that employs a person who is paid to fertilize turf shall have a license as provided under §B of this regulation.B. An applicant for license or renewal of a business license shall:. 1) Apply to the Department on a departmental form;. 2) Designate an employee who is a certified professional fertilizer applicator; and. 3) Pay a $50 fee.. C. Vehicle Identification Requirement. If the business provides turf fertilization services for hire
15.20.10.08.htm 15.20.10.08. 08 Trained Employees.. A. The licensee shall annually register with the Department each person who applies fertilizer for hire under the direct supervision of a certified professional applicator.B. There is a $15 fee for each employee registered.. C. Each trained employee shall receive initial and annual training in fertilizer application as determined by the Department.D. Each employer shall document the time and dates of required training. Training shall be completed
15.20.10.09.htm 15.20.10.09. 09 General Requirements for the Application of Fertilizer.. A. A professional fertilizer applicator or trained employee may not:. 1) Apply fertilizer intended for use on turf to an impervious surface; or. 2) Apply fertilizer containing nitrogen or phosphorus to turf:. a) At any time when the ground is frozen;. b) Within 15 feet of waters of the State, however, if using a drop spreader, rotary spreader with a deflector or a targeted spray, then the distance may be reduced to 10 feet;
15.20.10.10.htm 15.20.10.10. 10 Soil Testing.. A. Except as provided for in §B of this regulation, a professional fertilizer applicator or trained employee shall obtain a soil test prior to any initial application of P2O5 and prior to any second application of nitrogen to a management unit.B. A soil test is not required if:. 1) The nutrient application is made for the purpose of establishing turf on bare ground; and. 2) The nutrient application is made in accordance with the seeding recommen
15.20.10.11.htm 15.20.10.11. 11 Phosphorus Restrictions.. A. Neither a professional fertilizer applicator, nor a trained employee may apply an organic or natural organic fertilizer containing phosphorus to turf unless;1) A soil test taken not more than 3 years before the application indicates a low or medium level of phosphorus as determined by the equivalent University of Maryland FIV;2) The fertilizer application rate does not exceed the rate recommended by the University of Maryland Extension (Maryland Nut
15.20.10.12.htm 15.20.10.12. 12 Other Nutrient Sources.. In determining the amount of nitrogen and phosphorus fertilizer that may be applied, professional fertilizer applicators shall account for the amount of nutrients known to have been applied in any compost, effluent or other organic nutrient sources, or soil conditioners as specified by the Department, and make necessary adjustments to comply with the annual University of Maryland Extension recommendations (Maryland Nutrient Management Manual I-E1
15.20.10.13.htm 15.20.10.13. 13 Record-Keeping and Reporting Requirements for Licensees.. A. The records required by this regulation shall be kept in a form approved by the Department.. B. Each licensee shall maintain for 3 years records of each fertilizer, or non-fertilizer nutrient application. The following information shall be recorded, when applicable:1) Name of applicator;. 2) Date of application;. 3) Size of the area;. 4) Address of the property;. 5) Fertilizer analysis;.
15.20.10.14.htm 15.20.10.14. 14 Annual Reporting.. A. Each licensee shall submit an annual report to the Department on a form designated by the Department.B. This report shall be submitted by March 1 of each calendar year and information provided will summarize fertilizer applications in the previous calendar year.C. Failure to submit this report by March 1 may result in the suspension of a business license or professional fertilizer applicator certificate.
15.20.10.15.htm 15.20.10.15. 15 Assessment of Civil Penalty.. A. The Department may impose a civil penalty on a person who violates any provision of Regulations .02―14 of this chapter.B. The Department may impose a civil penalty of not more than $1,000 for a first violation, and a civil penalty of not more than $2,000 for each subsequent violation.C. Each day a violation occurs under this section is a separate violation.. D. The total penalties imposed on a person for violations of this section t
15.20.10.16.htm 15.20.10.16. 16 Non-Professional Fertilizer Applicators.. A. A non-professional fertilizer applicator may not;. 1) Apply fertilizer intended for use on turf to an impervious surface;. 2) Apply fertilizer containing nitrogen or phosphorus to turf:. a) At any time when the ground is frozen;. b) Before March 1 or after November 15 of any calendar year; or. c) Within 15 feet of waters of the State, however, if using a drop spreader, rotary spreader with a deflector or a targeted s
15.20.10.17.htm 15.20.10.17. 17 Exemptions.. Educational institutions and researchers may apply to the Department for an exemption to these regulations for research, education, and demonstration purposes.
15.20.10.9999.htm 15.20.10.9999. Administrative History Effective date:. Regulations .04 and .06 under new Chapter, Fertilizer Application Requirements for Land Not Used for Agricultural Purposes, adopted effective May 13, 2013 (40:9 Md. R. 789)Regulations .01―03, .05, and 07―17 adopted effective October 28, 2013 (40:21 Md. R. 1780).
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