3 Del. Admin. Code § 1201-3.0
For purposes of these regulations, the following words or terms shall have the meanings as indicated:
"Animal Feeding Operation" or "AFO" means any area or facility where animals have been, are, or will be stabled or confined and fed or maintained for a total of 45 days or more in any 12 month period.
"Animal Unit" means " Animal Unit " as defined by the United States Department of Agriculture Natural Resources Conservation Service, and is approximately 1,000 lbs. "average" live body weight.
"Applicant" means any person seeking a certificate from the Commission.
" Application Area " means land under the control of a person, whether it is owned, licensed, or leased, which manure, litter or fertilizer may be applied.
"Applying ", or any derivation of the word "apply ", as it relates to the application of nutrients, means the human controlled mechanical conveyance of nutrients to land for the purpose of applying organic and/or inorganic nutrients.
"Certification" means the recognition by the Commission that a person has met the qualification standards established by the Commission and has been issued a written certificate authorizing such person to perform certain functions specified in these regulations.
"Commercial Nutrient Handler" means a person who applies organic or inorganic nutrients to lands or waters in the State as a component of a commercial or agricultural business in exchange for a fee or service charge.
"Commercial Processor" means any individual, partnership, corporation, association or other business unit that controls, through contracts, vertical integration or other means, several stages of production and marketing of any agricultural commodity.
"Commission" or "DNMC" means the Delaware Nutrient Management Commission.
"Credit" means a unit of measuring education for certification as defined by the Commission and is dependent upon such factors as curricula intensity and class time.
"Direct Supervision" means actions by a person who is certified with the State Nutrient Management Program and directs individuals within the same organization/company in applying nutrients. Direct supervisors hold responsibility for nutrient application actions for those under his/her supervision.
"Fertilizer" means any synthetic or carbon based substance that is added to the soil to supply one or more plant nutrients.
"Frozen" means frozen ground and is the top 2-inches of surface area receiving nutrients where the moisture has changed to ice for a period of 72 consecutive hours or a condition where any ice formation below the 2-inch zone restricts the natural flow of moisture through the soil profile.
" Manure" means fecal and urinary defecations of livestock and poultry; may include but is not limited to spilled feed, bedding, soil, and compost if commingled with manure.
"Nutrient Consultant" means a person who is engaged in the activities of advising or consulting with another person who is required to have a certificate under these regulations, regarding the formulation, application, or scheduling of organic or inorganic nutrients within the State. Provided, however, any employee of any federal, State or local government agency or the University of Delaware, or other organization duly recognized by the Commission for such purpose, who provides advice or consultation in his/her capacity as such an employee, without compensation, shall not be deemed to be a nutrient consultant unless such advice and consultation constitutes a direct and substantial part of a nutrient management plan developed pursuant to these regulations.
"Nutrient Generator" means a person who owns or operates a facility within the State that produces organic or inorganic nutrients.
"Nutrient Management Plan" or " plan " means a plan by a certified nutrient consultant to manage the amount, placement, timing, and application of nutrients in order to reduce nutrient loss or runoff and to maintain the productivity of soil when growing agricultural commodities and turfgrass.
"Nutrients" means nitrogen, nitrate, phosphorus, organic matter, and any other elements necessary for or helpful to plant growth.
"Person" means any individual, partnership, association, fiduciary, or corporation or any organized group of persons, whether incorporated or not.
"Private Nutrient Handler" means a person in the State who applies organic or inorganic nutrients to lands or waters he/she owns, leases, or otherwise controls.
" Production Area " means that part of an AFO that includes the "animal confinement area", the "manure storage area", the raw materials storage area and the "waste containment areas", egg washing or processing facility and any area used in the storage, handling, treatment or disposal of mortalities. The Production Area should be defined in the operation's Nutrient Management Plan.
"Program Administrator" or " Nutrient Management Program Administrator " means the exempt employee of the Delaware Department of Agriculture who is responsible for the operation of the State Nutrient Management Program.
"Secretary" means the Secretary of the Delaware Department of Agriculture or the Secretary's designee.
"State Nutrient Management Program" or "SNMP" means all the nutrient management program elements developed by the Commission, whether or not reduced to rules or regulations.
"State Technical Standards" means the practices and conduct required of individuals or entities overseen by the Nutrient Management Commission that were developed by a group of environmental scientists, agronomists, engineers, planners, agricultural operators, and policy makers from the Nutrient Management Commission, Department of Agriculture, the Department of Natural Resources and Environmental Control, the University of Delaware, USDA NRCS and the private sector. The Commission hereby adopts the State Technical Standards in their entirety by reference.
"Stockpiling" means the temporary location of manure piles in the production area for no more than 14 days unless the manure/litter is located under cover in an approved Manure Storage Structure. Stockpiling must be conducted and positioned in accordance with State Technical Standards.
"Temporary Field Staging" means the location of manure for 90 days or less prior to its application within the application area and is considered a part of the application process. Temporary Field Staging criteria and performance standards are further described in State Technical Standards. In addition, staging must be performed in accordance with site specific Nutrient Management Plans.
3 Del. Admin. Code § 1201-3.0
14 DE Reg. 645 (01/01/11)
21 DE Reg. 623 (2/1/2018)
23 DE Reg. 851 (4/1/2020) (Final)