ROBERT L. EHRLICH, JR., Governor                             Ch. 433

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.

(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 DEPARTMENT'S EVALUATION
SHALL BE LIMITED SOLELY TO DETERMINING WHETHER THE PERSON OPERATING
THE FARM IS IN COMPLIANCE WITH THE PROVISIONS OF THIS SECTION OR 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 OPERATOR 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
DEPARTMENT'S 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.

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