2892

LAWS OF MARYLAND

Ch. 405

(B) THE COST SHARING PROGRAM ESTABLISHED UNDER THIS
SUBTITLE SHALL BE IMPLEMENTED IN CONJUNCTION WITH THE
"AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM FOR THE
CONTROL OF SEDIMENT AND ANIMAL WASTES" OF THE STATE SOIL
CONSERVATION COMMITTEE AS WELL AS OTHER STATE AND LOCAL
PROGRAMS TO CONTROL WATER POLLUTION.

8-703.

(A) THE SECRETARIES OF AGRICULTURE AND HEALTH AND
MENTAL HYGIENE SHALL, BY JOINTLY PROMULGATED RULE OR
REGULATION:

(1) IDENTIFY GEOGRAPHIC AREAS IN WATERSHEDS
THROUGHOUT THE STATE WHICH HAVE A HIGH POTENTIAL FOR
AGRICULTURALLY RELATED SOIL EROSION OR MOVEMENT OF
SEDIMENTS, ANIMAL WASTES, OR AGRICULTURAL CHEMICALS INTO THE
SURFACE WATERS OF THE STATE;

(2) DESIGNATE PRIORITY AREAS FOR COST SHARING
UNDER THIS SUBTITLE; AND

(3) ESTABLISH PROGRAM REQUIREMENTS, INCLUDING
APPLICATION PROCEDURES, ELIGIBILITY CRITERIA, PROVISIONS FOR
MONITORING AND REVIEW, AND MEASURES TO ASSURE ACCOUNTABILITY
FOR ALL COST SHARING FUNDS.

(B) (1) THE SELECTION OF PROJECTS AND THE DEGREE OF
STATE FINANCIAL ASSISTANCE SHALL BE BASED ON:

(I) WATER QUALITY IMPROVEMENTS TO BE
ACHIEVED, WITH CONSIDERATION GIVEN TO THE CUMULATIVE EFFECT
OF OTHER PROJECTS ON THE SAME BODY OF WATER;

(II) THE ESTIMATED ECONOMIC BENEFIT TO THE
PARTICIPATING FARMER FROM USE OF THE BEST MANAGEMENT
PRACTICE; AND

(III) OTHER RELEVANT FACTORS AS DETERMINED
BY REGULATION.

(2) STATE COST SHARING FUNDS MAY NOT BE USED TO
REESTABLISH AGRICULTURAL PRACTICES WHICH HAVE DETERIORATED
DUE TO THE NEGLIGENCE OR MISMANAGEMENT OF AN APPLICANT.

(C) THE SECRETARY OF AGRICULTURE AND THE SECRETARY OF
HEALTH AND MENTAL HYGIENE SHALL IMPLEMENT THE COST SHARING
PROGRAM FOR A PROJECT WITH THE TECHNICAL ASSISTANCE OF THE
APPROPRIATE SOIL CONSERVATION DISTRICT. TECHNICAL
REPRESENTATIVES OF THE SOIL CONSERVATION DISTRICT SHALL
PREPARE OR APPROVE ALL DESIGN, CONSTRUCTION, MAINTENANCE OR
OTHER PLANS FOR BEST MANAGEMENT PRACTICES AND SHALL PROVIDE
THE NECESSARY DEGREE OF LAYOUT AND CONSTRUCTION SUPERVISION.