(a) The Delaware Nutrient Management Commission is hereby established. The Commission shall have the power to develop, review, approve and enforce regulations governing the certification of individuals engaged in the business of land application of nutrients and the development of nutrient management plans as set forth in this chapter. In addition, the Commission shall:

(1) Consider the establishment of critical areas for targeting of other voluntary or regulatory programs;

(2) Establish best management practices to reduce nutrient losses to the environment;

(3) Develop educational and awareness programs designed to voluntarily curtail use of nutrients by persons not otherwise covered by this chapter;

(4) Consider the development of a transportation and alternative use incentive program to move nutrients from areas with overabundance to areas needing nutrient sources;

(5) Make such other recommendations to the Secretary that it deems important for the furtherance of the goals of this Chapter; and

(6) Establish the elements and general direction of the State Nutrient Management Program.

(b) The Commission, in carrying out its duties under this chapter, shall consider comments from affected stakeholders and others interested in the activities of the Commission, including, but not limited to, the University of Delaware and other state and federal agencies, nonprofit groups, and others with an interest in nutrient management. In addition, the Commission shall consider prior work of the Governor’s Agricultural Industry Advisory Committee on Nutrient Management.

(c) Notwithstanding the foregoing, the Commission shall not hold any person or persons certified pursuant to this chapter responsible for violations committed by another person.

72 Del. Laws, c. 60, §  1; 

(a) With the guidance, advice and consent of the Commission, the Secretary shall, by July 1, 2000, develop and adopt regulations to implement this chapter. A majority vote of the full Commission shall constitute consent for purposes of this subsection. Regulations shall be adopted in accordance with the provisions of the Delaware Administrative Procedures Act.

(b) In developing regulations concerning nutrient management planning, the Secretary and the Commission shall consider any waste management planning requirements imposed on animal producers or nutrient users through their commercial processor and shall, to the maximum extent possible, strive to reduce any duplication in effort on the part of the contractor or property owner.

(c) The Commission may not approve any regulation and the Secretary may not promulgate any regulation that requires tilled lands to be converted for grass filter strips, vegetated and/or forested buffer strips along Delaware’s lakes, streams, rivers, ponds, drainage ditches or any other natural or artificial conveyance system.

72 Del. Laws, c. 60, §  1; 

(a) The Delaware Nutrient Management Commission consists of 19 members as follows:

(1) Five members appointed by the Governor, 1 each representing the following categories, with at least 1 from each county:

a. A dairy, swine, beef, or small ruminant farmer.

b. An equine operation owner.

c. A poultry farmer.

d. A grain row crop farmer.

e. A vegetable row crop farmer.

(2) Three members appointed by the Governor, 1 each representing the following categories:

a. A representative of a commercial/agriculture nutrient applicator.

b. A representative of a golf course/lawn care industry.

c. A public citizen that does not represent any of the other categories.

(3) Two members appointed by the President Pro Tempore of the Senate, representing each of following categories:

a. A representative of a community-based environmental advocacy group.

b. A poultry farmer.

(4) Two members appointed by the Speaker of the House, representing each of following categories:

a. A representative of a community-based environmental advocacy group.

b. A dairy, swine, beef, or small ruminant farmer.

(5) One member who is a nutrient consultant appointed by the Senate Minority Leader.

(6) One member who is a representative of the commercial nursery industry appointed by the House Minority Leader.

(7) The Director of the Division of Watershed Stewardship of DNREC, or the Director’s designee.

(8) Four ex officio nonvoting members, or their designee:

a. The Secretary of the Department of Agriculture.

b. The Secretary of the Department of Natural Resources and Environmental Control (DNREC).

c. The Secretary of the Department of Health and Social Services.

d. The Nutrient Management Program Administrator.

(b) The Commission members shall elect a chairperson and vice chairperson from the appointed members of the Commission. Each officer shall serve for 4 years and may not serve more than 2 consecutive terms. In the event of a vacancy in 1 of the offices, a replacement must be elected within 60 days.

(c) All appointed members shall serve a term of 4 years.

(d) Any appointed member of the Commission who misses 3 consecutive meetings or is otherwise recommended for removal by the Commission may be removed by the appointing authority.

(e) Each appointed member of the Commission shall receive compensation of $100 per meeting. Commission members may be compensated for no more than 16 meetings per year. Commission members are entitled to be paid reasonable expenses for traveling to and from any Commission or Commission subcommittee meeting or conference attended on official business for the Commission.

(f) The Nutrient Management Program Administrator (NMPA) is a full-time, exempt state position selected by the Commission and created within the Department of Agriculture. The NMPA is the administrator of, and is responsible for, the operation of the State Nutrient Management Program.

(g) In any civil action against the Commission or any of its members, civil liability is determined pursuant to the provisions of Chapter 40 of Title 10.

72 Del. Laws, c. 60, §  1;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 395, §  319;  77 Del. Laws, c. 430, §  1;  78 Del. Laws, c. 268, §  1;  83 Del. Laws, c. 480, § 1;  84 Del. Laws, c. 233, § 4;  84 Del. Laws, c. 439, § 2;