15.20.05.03

.03 Cost-Share Program — Eligibility.

A. A person engaged in an agricultural operation is eligible to participate in the project if the operation produces poultry or livestock manure and as determined by the Department has:

(1) An amount of cropland that is insufficient to use all manure produced on the farm for crop production, based on the nutrient content in the manure and soil fertility levels as determined in a nutrient management plan prepared for the farm; or

(2) Land identified as being phosphorus overenriched.

B. Receipt of cost-share assistance under this program will not be used by the Department for the purpose of calculating the per-farm limit of any cost-share eligibility under Agriculture Article, §8-701 et seq., Annotated Code of Maryland.

C. A person is eligible to participate in the project if that person has the ability to use manure for alternative uses, or to use manure as a source of plant nutrients, if the manure is applied according to a nutrient management plan meeting State regulatory requirements under the following conditions:

(1) For soil testing less than 101 for phosphorus on the fertility index value, a person shall use manure according to a nitrogen-based nutrient management plan;

(2) For soil testing 101 to 150 for phosphorus on the fertility index value, a person shall use manure according to a nutrient management plan using phosphorus as a limiting factor.

D. A poultry litter producer may not transport manure less than 7 miles from a production or storage site to a receiving operation unless all of the following requirements are met:

(1) Manure is transported to a farm not owned or managed by the producer;

(2) The land of the agricultural operation receiving the manure is not phosphorus overenriched; and

(3) The manure is applied in compliance with this chapter.

E. A person other than a poultry litter producer may participate in the project if that person:

(1) Meets the eligibility criteria set forth in §A of this regulation;

(2) Manages land within 1 mile of the production or storage site that is overenriched with phosphorus, as determined through the use of a nutrient management plan;

(3) Applies manure in compliance with this chapter; and

(4) Transports manure either:

(a) To land owned or managed by the person if that land is more than 1 mile from their production or storage site; or

(b) To a farm not owned or managed by the producer.

F. Before any manure is transported, an applicant shall test the manure as directed by the Department.

G. An agricultural operator receiving manure for land application shall provide a delivery site for the off-loading of the manure that:

(1) Is safe; and

(2) Does not pose any undue environmental risk to water quality as determined by the Department.

H. The agricultural operator shall:

(1) Apply manure upon receipt;

(2) Apply stacked manure within 7 days of its receipt according to a nutrient management plan;

(3) Stockpile or store manure in a manner that protects it from rainfall, runoff, or leaching, and if the manure is stockpiled or stored for 6 months or longer, perform an additional nutrient analysis for the manure as close as possible to the plant nutrient application period as provided in a nutrient management plan; or

(4) Apply manure that is not stackable upon receipt or store it in a manner that protects it from rainfall, runoff, or leaching.

I. A person who uses or processes manure for an alternative use to create value or products produced from manure shall provide the Department with the following information:

(1) Documentation regarding planned use or treatment of any nutrient-enriched by-products produced from the processing;

(2) Documentation of proof of compliance and evidence that all applicable permits or approvals to operate a facility have been obtained;

(3) Documentation, if not covered by a permit, regarding efforts to minimize environmental impacts during the manufacturing or processing of products containing manure;

(4) The location of a delivery site for the off-loading of manure that is safe and does not pose any undue environmental risk to water quality as determined by the Department;

(5) The location and manner of the storage or stockpile of manure stored protects it from rainfall, runoff, or leaching; and

(6) Documentation that a performance bond or other security, as provided under Regulation .07 of this chapter, has been obtained.

J. Only one of the following is eligible to apply for and receive State cost-share assistance: a producer, manure broker, an approved alternative user, or manure receiver. However, a producer or a broker shall apply for assistance only under a pooling agreement with the receiver.

K. An applicant, producer, manure broker, alternative user, or transporter who participates in the project shall comply with all departmental biosecurity and public safety requirements, including the following:

(1) All poultry litter transported shall be covered while on a public road or highway;

(2) A truck-mounted or a tractor-drawn spreader shall be covered during the transportation of poultry litter from one farm to another unless the farms are contiguous;

(3) A transport vehicle, including any application equipment, shall contain the manure within the cargo area without any loss of material or liquid during transport on a public road;

(4) Before operating on or near another poultry or livestock operation, all transporting and handling equipment used to facilitate the transportation of manure shall be cleaned, washed, and disinfected;

(5) All Departmental animal health requirements shall be met; and

(6) A producer may not transport or offer for transport poultry litter containing dead birds that are not composted completely.