Nutrient Management Program Overview, Enforcement and Compliance Process

Frequently Asked Questions

The Maryland Department of Agriculture (MDA) regulates activities involving the application of nutrients on farmland and the management of animal waste to help improve the soil and water quality. The agency oversees a licensing and certification program for consultants, and education, training and compliance activities necessary to implement the Water Quality Improvement Act of 1998, also known as the nutrient management law.  For more information about MDA’s nutrient management program visit: www.mda.state.md.us/resource_conservation/nutrient_management/index.php

Nutrient management plans – what are they and who needs them?  Nutrient management plans are science-based documents that help farmers manage crop nutrients and animal waste, grow crops more efficiently and to protect water quality in streams, rivers and the Chesapeake Bay.  Each farm operator in this State who grosses more than $2,500 annually or has 8000 pounds or more of live animal weight is required to have a nutrient management plan that addresses both nitrogen and phosphorus inputs. MDA has determined that about 5,700 farmers managing 1.3 million acres are required to have a nutrient management plan for their operations.

Do other land managers have to follow nutrient management requirements? MDA currently regulates approximately 700 individuals and companies that apply fertilizer to 10 or more acres of non-agricultural land including lawns, golf courses, parks, athletic fields and highway right-of- ways.  These urban land managers are required to take soil tests and follow University of Maryland Extension fertility recommendations. MDA conducts annual inspections of records documenting how nutrients have been managed. In 2011, the Maryland legislature passed the Fertilizer Use Act, which phases in a more comprehensive program for fertilizer use on non-agricultural lands. It eliminates the 10 acre threshold for managed non-agricultural lands, limits the amount of nutrients in fertilizer products used by homeowners and lawn care professionals, and restricts lawn fertilizer applications. When the law takes effect fully in October 2013, it will nearly double the amount of non-agricultural land currently regulated by MDA to 456,000 acres.

In general, once a nutrient management plan is submitted, how does MDA assure that the farmer is implementing his or her plan requirements? MDA enforcement and compliance staff (nutrient management specialists) perform on-site inspections, analyze Annual Implementation Reports submitted by farm operators, and follow-up on citizen complaints. These efforts collectively allow MDA to determine if the operation is in compliance with the nutrient management laws and regulations.  MDA may take enforcement actions including fines to assure compliance.

How do you know if farmers are complying with their nutrient management plans? MDA does not know at any one point in time whether a particular operation is in compliance, just as the police do not know if all drivers are going the speed limit. MDA annually conducts on-site inspections of selected farms to verify that nutrient management plans that are current , records are in line with plans, and that the farmer is using the plan to properly manage nutrients. MDA staff also ensure that farmers submit nutrient management Annual Implementation Reports and respond to citizen complaints as additional forms of regulatory oversight. Farmers must be in compliance with nutrient management regulations to qualify for state cost share. MDA staff checks compliance status on approximately 2,500 cost- share applicants annually.

How does MDA choose which operations are inspected? MDA’s six nutrient management specialists audit approximately eight to 10 percent of regulated farms each year to verify that farmers are following their nutrient management plans.  The audit includes a visual inspection of the farm along with a comprehensive review of farm records and fertilizer receipts.  Audits target farmers who filed late Annual Implementation Reports, operations with previous violations or a history of complaints, high risk animal operations, farms using organic materials or sludge, and farms located in priority watersheds.

What types of enforcement options are available to MDA?
MDA’s enforcement options include: fines and penalties, administrative actions, which are heard before the Office of Administrative Hearings; and judicial actions, which are civil or criminal proceedings heard in court. Administrative and civil actions can result in orders and/or penalties. Criminal proceedings can result in fines and/or imprisonment.

Does MDA pursue formal enforcement actions for all violations it discovers? No. The potential for harm to the environment is taken into account to determine pursuit of enforcement actions. MDA enforcement personnel choose the appropriate type of action necessary to get a noncompliant operation into compliance.  For minor infractions, MDA usually chooses actions that will get the offender into compliance in the shortest amount of time.  Formal enforcement actions can consume substantial resources and are not always the most efficient solution to a compliance problem.

What is a minor violation?Minor violations include: • Minor mistakes or inadequate record-keeping; • First offenses that present no imminent threat to public health or the environment; or • Minor deviations from prescribed numerical standards, i.e. nutrient applications; • Inadequacies in a plan or its implementation that can be corrected immediately or in short order.

What are MDA’s enforcement options for minor violations?
If the operator is cooperative and able to quickly correct the problem, the inspector may request that the operator correct the violation within a specified amount of time. MDA follows up to verify that the correction has occurred. The inspector may request that a violation be corrected prior to leaving the operation, in which case no follow-up is needed. These minor violations are documented by the inspector and become part of the record for that operation.

In the enforcement process, what is “compliance assistance”?
When a minor violation is discovered by an inspector, the inspector may recommend a way to correct the violation or the operator may voluntarily correct the violation. If the operator corrects the minor violation without a formal enforcement action and it is documented by the inspector, this constitutes “compliance assistance”.

Can a minor violation become significant? If the minor violation is not corrected in a timely manner or is part of a recurring pattern, it may be deemed worthy of formal enforcement. Factors such as past compliance history, willfulness of the violation, the degree of harm or potential harm to the environment, and other appropriate factors are considered when making this determination.

What is a significant violation? Certain violations uncovered during an inspection are considered significant on their face, such as: • Major deviations from prescribed nutrient management standards;
• Offenses that pose a direct threat to public health or the environment;
• An offense that is part of a pattern of chronic, non-compliant behavior;
• An offense that requires a significant amount of time or capital to correct; or

What are the limits of the administrative penalties that MDA can seek? The fine for not having a nutrient management plan is $250. The fine for not implementing a plan is $100 per violation. More than one violation may be determined to exist and each day that a violation occurs, with the exception of not having a nutrient management plan, constitutes separate violation.  As long as the operator is taking steps to correct the violation, penalties do not accrue.  The maximum penalty accrued may not exceed $2000 per operator per year.  The failure to pay a penalty can result in the Department requiring repayment of cost share money already distributed. MDA requires compliance with nutrient management for eligibility to participate in State cost share programs. After the third citation, the Department can hand the case over to the Department of the Environment for further action under COMAR 26.08.02.04.

What are the limits of the criminal penalties that MDA can seek? Any violation of the Agriculture Article is considered a misdemeanor.  For the first offense a person is subject to fines of up to $500 and jail time of up to three months, or both.  For a subsequent offense, a person is subject to fines up to $1000, and jail time up to one year, or both.

Updated 3/12