ROBERT L. EHRLICH, JR., Governor                             Ch. 428

(j) If a person violates any provision of this section, the Department may:

(1)     Require repayment of cost share funds under Subtitle 7 of this title for
the project that is in violation; or

(2)     Deny or restrict future cost share payments under Subtitle 7 of this
title.

(k) (1) The Department shall determine compliance with the provisions of
this section.

(2) THE DEPARTMENT MAY REVIEW THE NUTRIENT MANAGEMENT
PLAN AND RECORDS RELATING TO THE PLAN AT A LOCATION AGREED TO BY THE
DEPARTMENT AND THE PERSON OPERATING THE FARM.

(3) IN CONDUCTING A SITE VISIT AND REVIEWING THE NUTRIENT
MANAGEMENT PLAN AND RELATED RECORDS, THE DEPARTMENTS EVALUATION
SHALL BE LIMITED SOLELY TO DETERMINING WHETHER THE PERSON OPERATING
THE FARM IS IN COMPLIANCE WITH THE PROVISIONS OF THIS SECTION AND THE
REGULATIONS IMPLEMENTING THIS SECTION.

(4) IN CONDUCTING A SITE VISIT, THE DEPARTMENT SHALL:

(I) PROVIDE THE PERSON OPERATING THE FARM AT LEAST 48
HOURS ADVANCE NOTICE;

(II) ENTER THE PROPERTY AT A REASONABLE TIME THAT ALLOWS
THE PERSON OPERATING THE FARM TO BE PRESENT; AND

(III) CONDUCT THE EVALUATION IN A MANNER THAT MINIMIZES
ANY INCONVENIENCE TO THE PERSON OPERATING THE FARM.

(5) IF A PERSON OPERATING A FARM FAILS TO COOPERATE WITH THE
DEPARTMENTS REQUEST TO CONDUCT A SITE VISIT AND REVIEW OF A NUTRIENT
MANAGEMENT PLAN AND RECORDS RELATING TO THE PLAN, THAT PERSON IS
SUBJECT TO SUBSECTIONS (I) AND (J) OF THIS SECTION.

8-806.

(a)     Except for a government agency, the Department shall charge the following
fees under this subtitle:

(1)     Certificate (nutrient management consultant)................................$50;

(2)     License (individual or sole proprietorship)......................................$50;

(3)     License (corporation or partnership)..................................$100; [and]

(4)    Renewal.........................................................................[$50] $150; AND

(5)     CERTIFICATE (FARM OPERATOR'S PLAN DEVELOPMENT)...............$20.

(b)     The Department shall charge an applicant for the full cost of any training
provided by the Department under this subtitle.

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