Sec. 15.20.07.07. Administrative Penalty for Failure to Have, Implement, or Comply with a Nutrient Management Plan

A. An operator who does not have a nutrient management plan that meets the requirements of this chapter is subject to a written warning for a first violation. If an operator fails to obtain a nutrient management plan after a reasonable period of time following receipt of this notice, the operator is subject to an administrative penalty of not less than $100 and not more than $250 for this violation and any subsequent violation for failing to obtain the requisite nutrient management plan.

B. An operator who fails to implement or otherwise comply with a nutrient management plan that meets the requirements of this chapter is subject to a written warning for a first violation. If, following a reasonable period of time from receipt of this notice, an operator fails to implement or otherwise comply with a plan that meets the requirements of this chapter, the operator is subject to an administrative penalty for a second or subsequent violation of not more than $500 for each violation, but not exceeding $5,000 per operator per calendar year.

C. If the violation involved the knowing application of phosphorus to a field or management unit where, because of the field or management unit’s soil characteristics, Department regulations prohibit the application of phosphorous, the administrative penalty imposed on an operator under §B of this regulation may not be less than $250.

D. The Department shall consider the following when assessing a civil penalty under §B of this regulation:

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

(2) Any actual harm to human health or to the environment or the natural resources of this State;

(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.

E. Each day that a violation of this chapter occurs, except for failing to meet a deadline for having a plan, as provided in Regulation .04A of this chapter, a separate violation under this chapter has occurred. Daily penalties do not continue to accrue as long as the operator takes reasonable steps to correct the violation. The maximum penalty accrued may not exceed $5,000 per operator per year for each nutrient management plan.

F. Unless a stay has been granted, an operator against whom a civil penalty has been imposed under this regulation shall promptly pay the penalty to the Department.

G. If an operator violates any provision of this chapter, the Department may require repayment of Agricultural Water Quality Cost Share funds already disbursed to the operator for a project that an operator is required to maintain, and may deny or restrict future cost share payments to the operator under COMAR 15.01.05.

H. If an operator fails to comply with the provisions of Regulation .04A of this chapter following the third citation by the Department, the violation shall be referred to the Maryland Department of the Environment for further action under COMAR 26.08.02.04.

I. An operator may appeal the Department's decision to impose a penalty under Agriculture Article, §2-405, Annotated Code of Maryland.