Sec. 26.17.03.02. Definitions

A. In this chapter, the following terms have the meanings indicated. Terms not defined below have the meanings given them in the relevant statutes or, if not defined in statutes, the meanings attributed by common use.

B. Terms Defined.

(1) "Conservation practice" means an agricultural land management practice that:

(a) Prevents or treats problems with soil, water, air, plant, and animal resources; and

(b) Has a standard method of construction or application developed by the Soil Conservation Service (SCS) that is listed in the Maryland Technical Guide, which is incorporated by reference in Regulation .04 of this chapter.

(2) "Corrective action water quality plan (CAWQP)" means that portion of a soil conservation and water quality plan prepared by, or under the direction of, and approved by the Soil Conservation District to address a specific sediment pollution violation.

(3) "Department" means the Department of the Environment.

(4) "District" means a local soil conservation district, a political subdivision of the State established in accordance with Agriculture Article, Title 8, Annotated Code of Maryland.

(5) "Erosion" means the process by which the land surface is worn away by the action of wind, water, ice, or gravity.

(6) "Implement" means to develop, establish, install, construct, and maintain a district-approved soil conservation and water quality plan (SCWQP).

(7) "Includes or including" means includes or including by way of illustration and not by way of limitation.

(8) "Person" means an individual, receiver, trustee, guardian, personal representative, fiduciary, or representative of any kind and any partnership, firm, association, corporation, or other entity that owns or leases agricultural land.

(9) "Sediment" means soils or other surficial materials transported or deposited by the action of wind, water, ice, gravity, or by other artificial means.

(10) "Soil conservation and water quality plan (SCWQP)" means a land use plan for a whole farm prepared by, or under the direction of, and approved by the district in accordance with the National Conservation Planning Manual, and the Maryland Technical Guide, which are incorporated by reference in Regulation .04 of this chapter, or other guidance documents which were in effect at the time of plan development, and the requirements of this chapter, to make the best possible use of soil and water resources, and to minimize the movement of sediment, animal wastes, nutrients, or agricultural chemicals into the waters of the State.

(11) "Waters of the State" means:

(a) Both surface and underground waters within the boundaries of this State subject to its jurisdiction, including that part of the Atlantic Ocean within the boundaries of this State, the Chesapeake Bay and its tributaries, and all ponds, lakes, rivers, streams, storm drain systems, tidal and nontidal wetlands, public ditches, tax ditches, and public drainage systems within this State other than those designed and used to collect, convey, or dispose of sanitary sewage; and

(b) The flood plain of free-flowing waters determined by the Department on the basis of the 100-year flood frequency.