§ 4988.
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§ 4988. Certification of custom applicator
(a)On or before July 1, 2016, as part of the revision of the Required Agricultural Practices, the Secretary of Agriculture, Food and Markets shall adopt by rule a process by which a custom applicator shall be certified to operate within the State. The certification process shall require a custom applicator to complete eight hours of training over each five-year period regarding:
(1)application methods or techniques to minimize the runoff of land-applied manure or agricultural waste to waters of the State; and
(2)identification of weather or soil conditions that increase the risk of runoff of land-applied manure or agricultural waste to waters of the State.
(b)A custom applicator shall not apply manure or agricultural waste unless certified by the Secretary of Agriculture, Food and Markets.
(c)A custom applicator certified under this section shall train seasonal employees in methods or techniques to minimize runoff to surface waters and to identify weather or soil conditions that increase the risk of runoff. A custom applicator that trains a seasonal employee under this subsection shall be liable for damages done and liabilities incurred by a seasonal employee who improperly applies manure or agricultural waste.
(d)The requirements of this section shall not apply to:
(1)an owner or operator of a farm applying manure or agricultural waste to a field that he or she owns or controls; or
(2)application of manure or agricultural waste by a farm owner or operator on a field of another farm owner or operator when the total annual volume applied is less than 50 percent of the annual manure or agricultural waste by volume generated on the farm where the manure or agricultural waste is spread, provided that the Secretary may approve the application of more than 50 percent of the annual manure or agricultural waste generated on a farm by another farm operator when circumstances require and application of the manure or agricultural waste would not pose a significant potential of discharge or runoff to State waters.
(e)The Secretary may require any person applying manure or agricultural waste under subdivision (d)(2) of this section to comply with the requirement for certification of a custom applicator. (Added 2015, No. 64, § 16; amended 2019, No. 129 (Adj. Sess.), § 15; 2021, No. 47, § 7.)