House Bill 122
152nd General Assembly (Present)
Becomes effective upon date of signature of the Governor or upon date specified
AN ACT TO AMEND TITLE 3 OF THE DELAWARE CODE RELATING TO NUTRIENT MANAGEMENT.
This Act updates and streamlines the State Nutrient Management Program within the Department of Agriculture. It expands and clarifies information required to be included in the Nutrient Management Plan, including, among other things: (1) Field maps as arial photographs showing field identification boundaries, acres, location of surface waters, irrigation systems, and location of designated sensitive areas with associated nutrient application restrictions or setbacks; (2) Results of approved risk assessment tools for nitrogen, phosphorus, and erosion losses; and (3) Animal information including types, number, average sizes, annual manure generation, and any manure import or export. This Act further clarifies Phosphorus application rules based on Delaware Phosphorus Site Index Scores. It also clarifies that Nitrogen application rates cannot exceed the application rates published by the University of Delaware of the specific crop, unless an adaptive approach is used to adjust in-season nitrogen application rates based on recommendations from a certified consultant or a Commission-approved nitrogen application model. Finally, this Act streamlines the complaint and enforcement procedures for the State Nutrient Management Program by doing the following: (1) Removing jurisdiction from the Justice of the Peace Courts and authorizing the Commission, rather than the Secretary, to impose fines for violations of the Nutrient Management Program; and (2) Authorizing the Commission to create a hearing panel that will be subordinate to the Commission to review and hear complaints and make proposed orders to be reviewed by the Commission for a final decision.