Md. Code Regs. 15.20.13.28

Current through Register Vol. 52, No. 1, January 10, 2025

Section 15.20.13.28 - [Effective until 4/15/2025] Tonnage Report and Tonnage Fee

A. A person utilizing food processing residuals at an agricultural operation in the State shall:

(1) Mail to the Department, on a quarterly basis as provided in (B of this regulation, a statement showing the following information for each month within the quarter:

(a) The total tons of food processing residuals;

(b) The counties to which it was distributed; and

(c) The form in which the material was shipped, such as bulk or liquid;

(2) Furnish the Department with a semiannual written statement of the tonnage of food processing residuals transported to the agricultural operation showing every delivery of the material transported to the agricultural operation covering the following applicable 6-month time periods:

(a) January 1 through June 30 of each year (this statement is due within 31 days after the end of this semiannual period); and

(b) July 1 through December 31 of each year (this statement is due within 31 days after the end of this semiannual period); and

(3) For these same 6-month time periods, pay a tonnage fee of $4 per wet ton to the Department (this payment is due within 31 days after the end of each semiannual period) that, after collection, is to be paid to the Comptroller for distribution into the Food Processing Residuals Administration Fund. B. For each of the quarterly time periods listed below, the person shall mail to the Department the information specified in §A of this regulation within 30 days from the close of the applicable time period:

(a) January 1 through March 31;

(b) April 1 through June 30;

(c) July 1 through September 30; and

(d) October 1 through December 31.

C. If more than one person is involved in the transportation, storage, and land application of food processing residuals utilized at an agricultural operation, unless the persons otherwise agree, the person responsible for reporting the tonnage of material transported to the agricultural operation and paying the tonnage fee shall be the commercial broker, commercial hauler, or other person permitted to transport the material to an agricultural operation. Otherwise, this responsibility shall be performed by the person storing or land-applying this material at this site. The person responsible for reporting the tonnage of food processing residuals to the agricultural operation and paying the tonnage fee and shall be identified in the application or applications to utilize (e.g., transport, store, or land-apply) this material at the agricultural operation.

D. If the tonnage report is not filed and the tonnage fee is not paid within 31 days after the end of the semiannual period, a collection fee shall be assessed against the permittee. The amount of fees due constitute a debt and may become the basis of a judgment against this person.

E. A person who utilizes food processing residuals in the State shall keep records necessary or required by the Secretary to indicate accurately the tonnage of this material utilized in the State. The Secretary has the right to examine the records to verify any statement of tonnage.

Md. Code Regs. 15.20.13.28

Regulations .28 adopted effective 51:23 Md. R. 1035, effective 10/16/2024, exp. 4/15/2025 (Emergency).