Memorandum For Record
SUBJECT: Secretary’s order adopting regulations establishing requirements for implementation of mandatory nutrient management plan reporting.
DATE: July 8, 2003
Pursuant to 29 Del.C. §10118, I hereby enter this Order which adopts regulations establishing requirements for implementation of mandatory nutrient management plan reporting pursuant to Delaware’s nutrient management law (3 Del.C. Chapter 22) and Section 5, 72 Del. Laws, c. 60, and for persons selected for mandatory nutrient management plan reporting to register with the Delaware Nutrient Management Commission. Authority for the regulations appears at Title 3 Del.C. Chapter 22.
1. Brief summary of evidence and information submitted.
The Department of Agriculture (“Department”), in conjunction with the Delaware Nutrient Management Commission (“Commission”) posted public notice of the proposed regulations in the June 1, 2003 Register of Regulations. The proposal stated that the Department, in conjunction with the Commission, would receive and consider written comments on the proposed regulations from any person, and included directions for the submission of such comments. No written public comments were received during the comment period.
2. Brief summary of findings of fact with respect to the evidence and information.
The public was given notice and an opportunity to provide the Department and the Commission with comments in writing on the proposed regulations. No comments were received from the public.
The proposed regulations require persons notified that they have been selected by the Commission to be phased into the nutrient management planning program and mandatory nutrient management plan reporting to register with the Commission within a certain period of time after receiving such notice. I find that the proposed regulations will enable the Nutrient Management Program to more smoothly implement the phase-in of the Delaware Nutrient Management law (3 Del.C. Chapter 22) and mandatory nutrient management plan reporting, as required by Section 5, 72 Del. Laws, c. 60, and to more efficiently target resources to those persons affected. I find that adoption of the proposed regulations in their proposed form is in the best interests of the public and consistent with the Commission’s duties under 3 Del.C. Chapter 22 and Section 5, 72 Del. Laws, c. 60.
3. Decision to adopt the regulations.
I hereby adopt the regulations as proposed and set forth below.
4. Text and citation of such regulations adopted.
The exact test and citation of the regulations adopted herein appear below.
5. The effective date of the Order.
The Order shall take effect ten (10) days from the date the Order has been published in its final form in the Register of Regulations.
Michael T. Scuse
Delaware Department of Agriculture, Secretary
703 Mandatory Nutrient Management Plan Reporting Implementation Regulations
Developed with the Guidance, Advice and Consent of
The Delaware Nutrient Management Commission
PREAMBLE
These regulations have been developed pursuant to Title 3, Chapter 22, of the Delaware Code [72 Del. Laws, c. 60]. That statute established the Delaware Nutrient Management Commission and authorized the Commission to develop, review, approve, and enforce nutrient management regulations, including regulations governing a nutrient management planning program and the development of nutrient management plans. These regulations were developed by the Commission and the Delaware Department of Agriculture. They are adopted with the guidance, advice, and consent of the Commission.
1.0 Authority
1.1 These regulations are promulgated pursuant to the authority provided by Sections 2220 and 2221, Chapter 22, Title 3, of the Delaware Code.
2.0 Purpose
2.1 The purpose of these regulations is to establish requirements for implementation of mandatory nutrient management plan reporting pursuant to Section 5, 72 Del. Laws, c. 60.
3.0 Registration Requirement For Persons Selected For Mandatory Nutrient Management Plan Reporting Pursuant To Section 5, 72 Del. Laws, c. 60.
3.1 Persons notified that they have been selected by the Commission to be phased into the nutrient management planning program and mandatory nutrient management plan reporting (pursuant to Section 5, 72 Del. Laws, c. 60) shall register with the Commission within thirty (30) days of receiving such notice. Registration shall be made in writing, by completing and submitting, to the Nutrient Management Program Administrator, a registration form approved by the Commission.
3.2 Failure to register within the required period shall subject the person(s) failing to respond to the penalty provisions of Title 3, Chapter 22, of the Delaware Code.
3.3 If the Commission sends such notification by registered mail, the return receipt or other official proof of delivery shall constitute presumptive evidence that the notice mailed was received by the person(s) or the latter’s agent; and the notation of refusal shall constitute presumptive evidence that the refusal was by the person(s) or the latter’s agent.