DEPARTMENT OF AGRICULTURE

Nutrient Management

Statutory Authority: 3 Delaware Code,

Section 2221 (3 Del.C. §2221)

3 DE. Admin. Code 1201

ORDER

1201 Nutrient Management Certification Regulations

Pursuant to 29 Del.C. §10115, I hereby recommend adoption of the modified nutrient management and request that they be published as final regulations.

Synopsis: Certification by the Delaware Nutrient Management Program, 2320 S. Dupont Hwy., Dover, DE 19901, is required (3 Del.C. §2201 - 2290) for all who apply fertilizer and/or animal manure greater than 10 acres or who manage animals greater than 8,000 pounds of live animal weight. As required by the regulations, certain continuing education credits are needed in order to maintain certification. The proposed changes reduce the required credits in order to maintain consistency with recertification requirements from regional programs.

The proposed regulation was posted in Volume 9, Issue 3, page 305, September 1, 2005. The comment period was from September 1, 2005 until October 11, 2005 and the public hearing was conducted November 8, 2005. The hearing was noticed according to 29 Del.C. §10115. No comments were received. This final order shall be effective December 10, 2005.

7.0 Continuing Education

7.1 After a certificate is issued, the certificate holder must take and successfully complete continuing education courses approved by the Commission or Program Administrator in accordance with the following:

7.1.1 Nutrient generator - 6 credits of continuing education in each three-year period following the issuance of the certification.

7.1.2 Private nutrient handlers - 6 credits of continuing education in each three-year period following the issuance of the certification.

7.1.3 Commercial nutrient handlers - 9 6 credits of continuing education in each three-year period following the issuance of the certification.

7.1.4 Nutrient consultants - 8 5 credits of continuing education each year following the issuance of the certification.

7.2 Failure to satisfy the continuing education requirements may result in the revocation of a certificate or non-renewal of the certificate.

7.3 Any dispute regarding continuing education credits may be directed to the Commission which will determine whether a hearing is necessary to resolve the dispute.

*Please Note: As the rest of the sections were not amended, they are not being published. The complete regulation is available at: http://www.state.de.us/AdminCode/title3/1200/1201%20Nutrient%20Management%20Certification%20Regulations.shtml#P2_24

9 DE Reg. (12/01/05)(Final)