Md. Code Regs. 08.02.26.03

Current through Register Vol. 51, No. 24, December 2, 2024

Section 08.02.26.03 - Authorized Shell Recycling Collector

A. Certification of a Collector.

(1) A business entity may apply to the Department to be an authorized shell recycling collector.

(2) An application shall:

(a) Be submitted on a form provided by the Department; and

(b) Include the applicant's:

(i) Name, address, and contact information;

(ii) Planned shell aggregation site; and

(iii) Planned method of storing and aging the shell.

(3) Upon receipt and review of an application for certification under this regulation, the Department may:

(a) Approve the application and issue the applicant a certificate designating the applicant an authorized shell recycling collector; or

(b) Deny an application for reasonable cause.

(4) A certification issued to an authorized shell recycling collector:

(a) Shall be valid for 1 year beginning on the day of issuance; and

(b) May be renewed for a new term upon the Department's receipt of a renewal application submitted as specified by the Department.

B. An authorized shell recycling collector shall:

(1) Collect and process oyster shell from shell recyclers in accordance with the terms and conditions set out in the certification issued under §A of this regulation, and all applicable federal, State and local laws and regulations;

(2) For each shell donation collected, submit an electronic report as specified by the Department verifying the location, date, and amount of the shell donation;

(3) Allow the Department, or the Department's designee, to inspect at reasonable hours the authorized shell recycling collector's shell aggregation site and collected recycled shell; and

(4) Notify the Department immediately of any changes to the authorized shell recycling collector's aggregation site or contact information.

C. Issuance of Grants.

(1) An authorized shell recycling collector shall issue grants to shell recyclers in the amounts described in Natural Resources Article, §41019.1, Annotated Code of Maryland.

(2) A shell recycler may only receive one grant per donation year, which shall be in the amount which reflects the total amount of shell that the recycler has donated over the course of that year.

(3) The donation year shall run from January 1 through December 31.

(4) By January 31 of each year, an authorized shell recycling collector shall submit all necessary recycling records to the Department to reflect the amount of shell collected from each shell recycler the previous year and the total amount of grants which are to be disbursed to the shell recyclers by the authorized shell recycling collector.

(5) Within 30 days of receiving payment from the Department, an authorized shell recycling collector shall issue the appropriate grants to each shell recycler.

(6) Once the authorized collector has received payment from the Department, the donated shell becomes the property of the State of Maryland.

D. Limitations on Funding.

(1) Grants issued under this chapter are subject to the amount of funds budgeted for the Shell Recycling Grant Program.

(2) In the event that shell recyclers donate more shells to the Shell Recycling Grant Program than the Department has budgeted for, the Department shall issue grants to authorized shell recycling collectors, and authorized shell recycling collectors shall disburse to shell recyclers grants in the order in which recycled shells were donated to the collectors.

E. Penalties.

(1) The Department may suspend or revoke a certification issued to a recycled shell collector for failure to comply with this chapter or the terms and conditions of the certification.

(2) Within 15 days of receipt of the Department's notice of a denial, suspension, or revocation of a certification issued under §A of this regulation, the recycled shell collector may appeal the decision in writing to the Director of the Maryland Fisheries Service.

Md. Code Regs. 08.02.26.03

Regulations .03 adopted as an emergency provision effective 41:3 Md. R. 199, eff.1/13/2014 ; adopted permanently effective 41:6 Md. R. 377, eff.3/31/2014; amended effective 45:26 Md. R. 1240, eff. 12/31/2018; amended and recodified from .06 effective 51:17 Md. R. 777, eff. 9/2/2024.