Ch. 428

2004 LAWS OF MARYLAND

(ii) By July 1, 2005, a person who, in operating a farm, uses sludge
or animal manure, shall comply with a nutrient management plan for nitrogen and
phosphorus that meets the requirements of this subtitle.

(g) A person may meet the requirements of subsection (e) of this section by
requesting, at least 60 days before the applicable date set forth in subsection (e) of this
section, the development of a nutrient management plan by a certified nutrient
management consultant.

(h) (1) If a person violates the provisions of subsection (e) of this section, the
Department shall notify the person that the person is in violation of the requirement to
have a nutrient management plan.

(2) After a reasonable period of time, if the person fails to have a nutrient
management plan, the person is subject to an administrative penalty not to exceed
$250.

(i) (1) A person who violates any provision of subsection (f) of this section or
of any rule, regulation, or order adopted or issued under this section is subject to:

(i) For a first violation, a warning; and

(ii) For a second or subsequent violation, after an opportunity for a
hearing which may be waived in writing by the person accused of a violation, an
administrative penalty that may be imposed by the Department of Agriculture.

(2)     The penalty imposed on a person under paragraph (1)(ii) of this
subsection shall be:

(i) Up to $100 for each violation, but not exceeding $2,000 per
farmer or operator per year; and

(ii) Assessed with consideration given to:

1. The willfulness of the violation, the extent to which the
existence of the violation was known to but uncorrected by the violator, and the extent
to which the violator exercised reasonable care;

2. Any actual harm to the environment or to human health;

3. The available technology and economic reasonableness of
controlling, reducing, or eliminating the violation; and

4. The extent to which the current violation is part of a
recurrent pattern of the same or similar type of violation committed by the violator.

(3)     (i) Except as provided in subparagraph (ii) of this paragraph, each
day a violation occurs is a separate violation under this subsection.

(ii) Daily penalties do not continue to accrue as long as the farmer
takes reasonable steps to correct the violation.

(4)     Any penalty imposed under this subsection is payable to the Maryland
Agricultural Water Quality Cost Share Program within the Department.

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