.07 Cost Share Program — Alternative Use.

A. A person using an alternative use in a project shall:

(1) Use Departmental forms to apply and enter into an agreement with the Department;

(2) Obtain manure only from an eligible producer;

(3) Use poultry litter or manure in an environmentally acceptable way, as determined by the Department, other than by direct land application in an unprocessed form;

(4) Provide proof to the Department of compliance and evidence that all applicable permits or approvals to operate a facility and to store or stockpile manure have been obtained;

(5) Provide a delivery site for the off-loading of poultry litter or manure that:

(a) Allows for the safe handling of poultry litter or manure; and

(b) Does not pose any undue environmental risk to water quality, as determined by the Department;

(6) Stockpile or store manure in a manner, approved by the Department, that protects the manure from rainfall, runoff, or leaching;

(7) Allow a Department representative, during normal business hours, to inspect and to have access to the stockpile, storage area, and place of business where records are kept, to determine compliance;

(8) Obtain a performance bond or other security, as provided under Regulation .08 of this chapter; and,

(9) Maintain inventory records for at least 3 years, showing:

(a) The name of the producer who provided the poultry litter or 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;

(b) The amount of poultry litter or manure obtained from that producer;

(c) The amount of poultry litter or manure stored daily and amount of each type of product or byproduct processed or produced daily;

(d) The amount of commodities or additives blended or processed;

(e) The name of the receiver or receivers of the product or byproduct produced, including address, telephone number, and location; and

(f) The amount of product or byproduct shipped to each receiver.

B. Cost-share rates are established in Regulation .04 and the payment to an alternative user shall be based on:

(1) Transporting poultry litter or manure either:

(a) From an eligible operation to an alternative use facility; or

(b) From the alternative userís facilities to the receiving operation; and

(2) The lesser of the litter or manure tonnage from the producer to the alternative userís facility, or the tonnage from the alternative userís facility to the receiver.