(a) (1) A person that manages an agricultural operation may apply for certification under the Program. (2) To apply for certification, a person shall submit an application to the Department on the form the Department requires. (b) An agricultural operation may be certified as meeting the requirements of the Program if the agricultural operation is determined by the Department to meet: (1) A fully implemented soil conservation and water quality plan that addresses all soil conservation and water quality issues on the agricultural operation; (2) A fully implemented nutrient management plan for the agricultural operation in accordance with regulations adopted by the Department under Subtitle 8 of this title; (3) The agricultural nitrogen, phosphorus, and sediment load reductions necessary for the agricultural operation to meet: (i) The full implementation of the most recent Chesapeake Bay total maximum daily load as approved by the U.S. Environmental Protection Agency; (ii) The applicable watershed implementation plan; (iii) All applicable local total maximum daily load requirements; and (iv) Any other water quality requirements for agricultural sources of nitrogen, phosphorus, or sediment; and (4) State and federal laws, regulations, and permit conditions relating to agricultural sources of nitrogen, phosphorus, or sediment reduction applicable to the agricultural operation. (c) (1) The Department may certify an agricultural operation after: (i) Notification to the Department of the Environment; (ii) An on-site inspection is conducted by a certified verifier, with the assistance of the Department of the Environment as appropriate; (iii) Approval from the Department of the Environment if the agricultural operation is permitted or has an application submitted to be permitted under the Environment Article; and (iv) A certainty agreement has been entered into between the Department and the person managing the agricultural operation that outlines the terms and conditions of certainty applicable to the agricultural operation, including: 1. Maintenance of best management practices required for certification; 2. Requirements for verification to assure certainty requirements are maintained; 3. Records that the Department requires the agricultural operation to maintain; and 4. Any other item the Department determines to be necessary for the administration of the Program. (2) On request, the Department shall make available to the Department of the Environment records and information acquired by the Department under this subsection or subsection (a) or (b) of this section related to compliance with laws, regulations, permits, or other requirements enforced by the Department of the Environment. (d) A certification issued under this section is valid for 10 years if: (1) The agricultural operation remains in compliance with the requirements under this subtitle; and (2) Except as authorized by regulation, there are no material changes to the operation, including change of ownership of the operation. (e) At the end of the 10-year certification period, an agricultural operation certified under this section shall ensure that the agricultural operation is in compliance with all applicable laws, regulations, rules, and permit conditions that went into effect after the date of certification.
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