Md. Code Regs. 15.20.13.03

Current through Register Vol. 51, No. 26, December 27, 2024

Section 15.20.13.03 - [Effective until 4/15/2025] Definitions

A. In this chapter, the following terms have the meanings indicated.

B. Food Processing Residuals.

(1) "Food processing residuals" or "FPRs" means an organic material that is:

(a) Generated by processing agricultural commodities for human or animal consumption and includes:

(i) Food residuals:

(ii) Food coproducts:

(iii) Food processing wastes:

(iv) Food processing sludges:

(v) Organic material that is mixed or otherwise commingled with food residuals, food coproducts, food processing wastes, food processing sludges; or

(vi) Any other incidental material whose characteristics are derived from processing agricultural products for human consumption or animal consumption; and

(b) Registered with the State Chemist as a soil conditioner.

(2) "Food processing residuals'' does not include:

(a) Digester digestate that has not been mixed or commingled with food processing residuals;

(b) Animal and poultry manures that have not been mixed or commingled with food processing residuals;

(c) Biosolids (i.e., Class A or Class B sewage sludge), as defined by the Maryland Department of the Environment in COMAR 26.04.06.03B(7) ;

(d) Compost, that is. the product of composting in accordance with the standards established by the Secretary of Agriculture under Agriculture Article, § 6-221. Annotated Code of Maryland, including food residuals:

(i) Diverted from final disposal in a refuse disposal system for composting under COMAR 26.04.13; or

(ii) Obtained from residential curbside or drop-off programs, including pre-consumer and post-consumer food scraps, transported to a composting facility in accordance with COMAR 26.04.11;

(e) Spent mushroom soil: or

(f) Water treatment plant residuals.

C. Other Terms Defined.

(1) Agricultural Land.

(a) "Agricultural land" means more than 10 acres of land used to produce food, feed, fiber, sod, animals, plants, trees, or plants in containers (pots), or for out-of-ground production.

(b) "Agricultural land" includes smaller, noncontiguous land parcels that total more than 10 acres.

(2) "Agricultural operation" means each physical site where a person engages in a business that:

(a) Grows, raises, keeps, pastures, or otherwise produces a farm product, including:

(i) Any agricultural, horticultural, vegetable, or fruit product of the soil; or

(ii) Livestock, poultry, eggs, dairy products, nuts, honey, and every product of the farm, a forest, or an orchard; and

(b) Has:

(i) A gross annual income of $2.500 or more; or

(ii) Eight or more animal units.

(3) "Animal unit" means 1,000 pounds of live animal weight,

(4) "Applicant" means:

(a) A person who owns or operates an agricultural operation; or

(b) A commercial broker or commercial hauler who has contracted with the owner or operator of an agricultural operation to have food processing residuals utilized at that operation.

(5) "Collection" means any action involved in the gathering or subsequent placement of food processing residuals, or any other product containing food processing residuals, into a vehicle, container, or any other vessel for transportation.

(6) "Commercial broker" means a person who:

(a) For commercial purposes, assumes temporary control of food processing residuals from an agricultural operation or a food processing plant and transports or arranges the transport of this material to an importing agricultural operation; and

(b) Is not working for or under the control of an agricultural operation.

(7) "Commercial hauler" means a person engaged in the business of hauling, transporting, moving, or land-applying food processing residuals as a contract agent for a farm operator, commercial broker, or food processing plant under the direction of the operator, broker, or processing plant.

(8) "Constituent" means any component of food processing residuals that is an organic, inorganic, or combination of organic and inorganic substances.

(9) "Container" means either an open or closed receptacle with a load capacity of 1 metric ton or less that includes a bucket, box. carton, vehicle or trailer.

(10) "County" means as defined in the Agriculture Article. §1-101(c). Annotated Code of Maryland.

(11) "Cover crop" means a cereal grain or cereal grain mix that:

(a) Is planted:

(i) Following the harvest of summer crops for the purpose of the seasonal protection of soil, the assimilation of residual nitrogen left from a previous crop, and the continued mineralization of nitrogen: and

(ii) In accordance with the "Maryland Winter Cover Crop Program Requirement" for seeding rate, planting dates, and planting methods as published on the Departments website.; and

(b) Has germinated and attained at least 70 percent surface coverage on the field as measured by the standard line-transect method.

(12) "Department" means the Maryland Department of Agriculture.

(13) "Field ditch" means a channelized waterway that, as provided in the USDA-NRCS National Cooperative Soil Survey, is not within:

(a) Floodplain soil-mapping unit;

(b) Hydric soil that is mapped as a narrow, elongated feature in a fluvial or floodplain position; and

(c) Soil-mapping unit that has a slope class of "B " or steeper.

(14) "Food processing residuals generator" means a person who owns or operates a facility that processes food processing residuals to be utilized in this State.

(15) "Groundwater" means water below the land surface in a saturated zone.

(16) "Holding tank" means a watertight receptacle that has a capacity up to 20,000 gallons, which is used, or intended to be used, for the temporary storage of food processing residuals for land application.

(17) "Land application" means the placement of food processing residuals, or any other product containing food processing residuals on or mixed with or injected into land used to support an agricultural crop.

(18) "Nuisance" means unreasonable interference with the quality of life of the public because of the characteristics of noise, odor, vectors, solids, vapors, liquids, or gases that:

(a) Causes distress or potential health impacts to members of the public or residents or users of properties adjacent to a site where food processing residuals is being utilized or has been utilized; and

(b) Falls outside the protection afforded an agricultural operation under Courts and Judicial Proceedings Article. §5-403, Annotated Code of Maryland.

(19) "Nutrient Management Plan" has the meaning stated in COMAR 15.20.08.

(20) "Pasture land" means land on which animals feed directly on forage and grain crops, such as legumes, grasses, or grain stubble.

(21) "Permittee" means a person who holds a Food Processing Residuals Utilization Permit.

(22) "Person" means an individual, or any partnership, firm, association, public or private corporation, or any other entity.

(23) "State" means the State of Maryland unless otherwise specified.

(24) "Storage facility" means a waste storage facility that meets USDA-NRCS Waste Storage Facility No. 313 Conservation Practice Standards or an equivalent standard determined by a professional engineer for the containment of wastes generated by agricultural production or processing.

(25) "Surface water" means all waters of the State that are not groundwater.

(26) "Tidal wetland" has the meaning stated in COMAR 26.04.02.02.

(27) "Transportation" means the movement or conveyance of food processing residuals or any other product containing food processing residuals by road.

(28) "Treatment" means a process, which alters, modifies, or changes the biological, physical, or chemical characteristics of food processing residuals.

(29) "USDA-NRCS" means the United States Department of Agriculture-Natural Resources Conservation Service.

(30) "NRCS Waste Storage Facility No. 313 Conservation Practice Standard" means the technical standards for waste storage facilities set forth in USDA-NRCS Field Office Technical Guide which is incorporated by reference.

(31) "Utilize food processing residuals" means:

(a) Handling or storing food processing residuals:

(b) Using food processing residuals for land application; and

(c) Transporting food processing residuals to or from a generator of food processing residuals or to or from an agricultural operation.

Md. Code Regs. 15.20.13.03

Regulations .03 adopted effective 51:23 Md. R. 1035, effective 10/16/2024, exp. 4/15/2025 (Emergency).