TITLE 3

Agriculture

Regulatory Provisions

CHAPTER 22. NUTRIENT MANAGEMENT

Subchapter I. General Provisions


The purposes of this chapter are:

(1) To regulate those activities involving the generation and application of nutrients in order to help improve and maintain the quality of Delaware's ground and surface waters and to meet or exceed federally mandated water quality standards, in the interest of the overall public welfare;

(2) To establish a certification program that encourages the implementation of best management practices in the generation, handling or land application of nutrients in Delaware;

(3) To establish a nutrient management planning program; and

(4) To formulate a systematic and economically viable nutrient management program that will both maintain agricultural profitability and improve water quality in Delaware.

72 Del. Laws, c. 60, § 1.;

For the purposes of this chapter:

(1) "Agricultural commodity" means any agricultural product, including, but not limited to, plants, animals and plant and animal products grown, raised or produced within the State for use as food, feed, seed or any aesthetic, industrial or chemurgic purpose.

(2) "Animal unit" shall be as defined by the United States Department of Agriculture.

(3) "Applicant" means any person seeking a certificate from the Commission.

(4) "Best management practices" means those practices that have been identified as such by the Commission.

(5) "CAFO NPDES Program" means a regulatory program to issue a National Pollution Discharge Elimination System (NPDES) permit to a Concentrated Animal Feeding Operation (CAFO) in this State, and to undertake related activities. The CAFO NPDES Program is established pursuant to, among other authorities, the Clean Water Act [33 U.S.C. § 1251 et seq.] and Memorandum of Understanding between the Delaware Department of Natural Resources and Environmental Control (DNREC) and the Environmental Protection Agency (EPA) dated May 4, 1983, as amended.

(6) "Certification" means the recognition by the DNMC that a person has met the qualification standards established by the DNMC and has been issued a written certificate authorizing such person to perform certain functions.

(7) "Commercial processor" means an individual, partnership, corporation, association or other business unit that controls, through contracts, vertical integration or other means, several stages of production and marketing of any agricultural commodity.

(8) "Commission" or "DNMC" means the Delaware Nutrient Management Commission.

(9) "Commissioner" means a member of the DNMC.

(10) "Critical area targets" means watersheds, subwatersheds or sectors where water quality conditions merit special attention, where resources should be directed and for which incentives should be provided.

(11) "Environmental coordinator" means an employee of the Department of Agriculture who acts on behalf of the Commission as a liaison between the Commission and persons against whom a complaint for a violation of this chapter or Commission regulation has been brought.

(12) "Nutrient management plan" or "plan" means a plan by a certified nutrient consultant to manage the amount, placement, timing and application of nutrients in order to reduce nutrient loss or runoff and to maintain the productivity of soil when growing agricultural commodities and turfgrass.

(13) "Nutrients" means nitrogen, nitrate, phosphorus, organic matter and any other elements necessary for or helpful to plant growth.

(14) "Person" means any individual, partnership, association, fiduciary, or corporation or any organized group of persons, whether incorporated or not.

(15) "Program administrator" or "NMPA" means the 1 exempt employee of the Department of Agriculture who is responsible for the operation of the State Nutrient Management Program.

(16) "Secretary" means the Secretary of the Delaware Department of Agriculture or his/her designee.

(17) "State nutrient management program" or "SNMP" means all the program elements developed by the Commission, including, but not limited to, establishing critical areas for targeting programs, establishing best management practices to reduce nutrient losses, developing educational and certification programs, developing nutrient management plan requirements, developing incentive programs that encourage compliance, making recommendations for transportation of nutrients, and determining appropriate alternative uses.

72 Del. Laws, c. 60, § 1; 78 Del. Laws, c. 37, § 1.;