Ch. 433

2004 LAWS OF MARYLAND

(2) (i) By December 31, 2001, a person who, in operating a farm, uses
sludge or animal manure, shall have a nutrient management plan for nitrogen.

(ii) By July 1, 2004, a person who, in operating a farm, uses sludge
or animal manure, shall have a nutrient management plan for nitrogen and
phosphorus.

(f)      (1) By December 31, 2002, a person who, in operating a farm, uses
chemical fertilizer, shall comply with a nutrient management plan for nitrogen and
phosphorus that meets the requirements of this subtitle.

(2) (i) By December 31, 2002, a person who, in operating a farm, uses
sludge or animal manure, shall comply with a nutrient management plan for nitrogen
that meets the requirements of this subtitle.

(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;

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