PLEASE TAKE NOTICE that, pursuant to 3 Del.C. §§ 2220 and 2221, the Department of Agriculture has developed, in conjunction with the Delaware Nutrient Management Commission, and proposes to adopt regulations establishing requirements for implementation of mandatory nutrient management plan reporting pursuant to Delaware’s nutrient management laws (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 Commission. These regulations are proposed to meet the mandate set forth in Section 5, and also 3 Del.C. Chapter 22, and put into effect the purpose of that chapter to help improve and maintain the quality of Delaware’s ground and surface waters in the interest of the overall public welfare. These proposals represent new substantive and procedural regulations in areas not previously regulated, and their term shall be permanent unless subsequently amended or repealed in accordance with the Administrative Procedures Act (29 Del.C. Chapter 101).
The Department of Agriculture, in conjunction with the Delaware Nutrient Management Commission, will receive and consider input in writing from any person on the proposed regulations. Any written comments should be submitted to the Department and the Commission in care of William R. 0, Nutrient Management Program Administrator, at the Department of Agriculture, 2320 South DuPont Highway, Dover, Delaware 19901. The final date to submit written comments shall be July 1, 2003. Copies of the proposed regulations may be obtained by contacting Mr. Rohrer.
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.