reglab/housing_qa huggingface dataset:
3 DE Code § 2221. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 22. Nutrient Management|Subchapter II. Delaware Nutrient Management Commission|§ 2221. Adoption of regulations; voting; considerations.

§ 2221. Adoption of regulations; voting; considerations. (a) With the guidance, advice and consent of the Commission, the Secretary shall, by July 1, 2000, develop and adopt regulations to implement this chapter. A majority vote of the full Commission shall constitute consent for purposes of this subsection. Regulations shall be adopted in accordance with the provisions of the Delaware Administrative Procedures Act. (b) In developing regulations concerning nutrient management planning, the Secretary and the Commission shall consider any waste management planning requirements imposed on animal producers or nutrient users through their commercial processor and shall, to the maximum extent possible, strive to reduce any duplication in effort on the part of the contractor or property owner. (c) The Commission may not approve any regulation and the Secretary may not promulgate any regulation that requires tilled lands to be converted for grass filter strips, vegetated and/or forested buffer strips along Delaware's lakes, streams, rivers, ponds, drainage ditches or any other natural or artificial conveyance system. 72 Del. Laws, c. 60, §  1;
3 DE Code § 2240. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 22. Nutrient Management|Subchapter III. State Nutrient Management Program|§ 2240. State Nutrient Management Program; powers and duties of the Commission.

§ 2240. State Nutrient Management Program; powers and duties of the Commission. The State Nutrient Management Program (SNMP) shall consist of:  (1) Certification of persons directly involved with the generation or application of nutrients within the State, as limited by § 2241 of this title; (2) The development of and implementation of best management practices designed to improve water quality, optimize nutrient use and maintain a profitable agricultural industry in the State; (3) Educational programs through which applicants shall be instructed in the best management practices established by the Commission; (4) A method developed by the Commission and instituted prior to granting of any certificate to evaluate an applicant's comprehension of the best management practices established by the Commission; and (5) Any other program elements instituted by the Commission.72 Del. Laws, c. 60, §  1;
3 DE Code § 2241. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 22. Nutrient Management|Subchapter III. State Nutrient Management Program|§ 2241. Requirement for certification; classifications.

§ 2241. Requirement for certification; classifications. (a) Beginning January 1, 2004, all persons who conduct the following activities shall be duly certified by the Commission in accordance with Commission regulations or shall utilize a duly certified person or firm:  (1) Operate any animal feeding operation in excess of 8 animal units; (2) Apply nutrients to lands in excess of 10 acres or waters as a component of a commercial venture or lands that he or she owns, leases or otherwise controls; or (3) Advise or consult with persons required by this chapter to be certified by the Commission. (b) The Commission shall establish by regulation the following classifications for certification of nutrient handlers for use in the SNMP:  (1) Nutrient generator: a person within the State who operates a facility that produces organic or inorganic nutrients; (2) Private nutrient handler: A person in this State who applies organic or inorganic nutrients to lands or waters he or she owns, leases or otherwise controls; (3) Commercial nutrient handler: A person in this State who applies organic or inorganic nutrients to lands or waters as a component of a commercial or agricultural business in exchange for a fee or service charge; (4) Nutrient consultant: A person in this State who is engaged in the activities of advising or consulting regarding the formulation, application or scheduling of organic or inorganic nutrients within the State. (c) The Commission may subclassify any certificates described in subsection (b) of this section as necessary. Separate subclassifications may be specified as to the method used by nutrient handlers to apply nutrients, the use of specific quantities or types of nutrients, or any other identifiable characteristics of nutrient management the Commission deems necessary. (d) These certification requirements shall not apply to individuals who are performing nutrient application services under the direct supervision of a certified person as a private or commercial nutrient handler. 72 Del. Laws, c. 60, §  1;
3 DE Code § 2242. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 22. Nutrient Management|Subchapter III. State Nutrient Management Program|§ 2242. Certification; applications.

§ 2242. Certification; applications. (a) Applications for certification shall be made to the Commission in writing on a form designated by the Commission. (b) The Commission shall develop and approve minimum criteria for certification, which shall be included in regulations promulgated by the Secretary. (c) The Commission may establish by regulation a yearly fee not to exceed $100 for each certificate. (d) If the Commission finds the applicant qualified to handle nutrients in the classifications the applicant has applied for, the Commission may issue a certificate limited to the classifications for which the applicant is qualified. The Commission may limit the certificate of the applicant based on any subclassification the Commission has established. If a certificate is not issued as applied for, the Commission shall inform the applicant in writing of the reasons therefor. 72 Del. Laws, c. 60, §  1;  70 Del. Laws, c. 186, §  1;
3 DE Code § 2243. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 22. Nutrient Management|Subchapter III. State Nutrient Management Program|§ 2243. Same — Denial.

§ 2243. Same — Denial. (a) The Commission may refuse to grant any certificate if the applicant fails to meet the minimum criteria for certification or has been found to have violated this chapter or Commission regulations related to the generation or application of nutrients in this State. (b) All decisions of the Commission relating to the denial of a certificate shall be final and conclusive unless the person who was denied a certificate shall appeal that denial pursuant to provisions of § 2262 of this title. 72 Del. Laws, c. 60, §  1;
3 DE Code § 2244. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 22. Nutrient Management|Subchapter III. State Nutrient Management Program|§ 2244. Same — Suspension, modification; revocation.

§ 2244. Same — Suspension, modification; revocation. (a) The Commission may, after notice and opportunity for a hearing, suspend or modify any certificate granted under this chapter or fine any person against whom a complaint has been brought, or both, where the Commission has reasonable grounds to believe that the person against whom a complaint has been brought is responsible for any violations of this chapter or Commission regulations. The Commission shall furnish the person accused of a violation with notice of the time and place of hearing, which notice shall be served personally or by registered mail directly to such person's place of business or last known address with postage fully paid no sooner than 10 days but within 21 days of the time fixed for the hearing. (b) The Commission may, after notice and opportunity for a hearing, suspend, modify or revoke any certificate granted under this chapter if the person certified has been found guilty of any violation of this chapter or Commission regulations. (c) All decisions of the Commission relating to suspension, modification or revocation of a certificate shall be final and conclusive unless the person whose certificate was suspended, modified or revoked appeals according to the provisions of § 2263 of this title. 72 Del. Laws, c. 60, §  1;
3 DE Code § 2245. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 22. Nutrient Management|Subchapter III. State Nutrient Management Program|§ 2245. Same — Renewal.

§ 2245. Same — Renewal. (a) The Commission shall establish the length of time that certificates shall remain in full force and effect, and if they are to expire, the procedure for renewal. (b) All decisions of the Commission relating to the refusal of the Commission to renew a certificate shall be final and conclusive unless the person whose certificate was not renewed shall appeal pursuant to the provisions of § 2262 of this title. 72 Del. Laws, c. 60, §  1;
3 DE Code § 2246. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 22. Nutrient Management|Subchapter III. State Nutrient Management Program|§ 2246. Commercial processors.

§ 2246. Commercial processors. (a) On or before July 1, 2000, or prior to commencing operations, each commercial processor operating in the State shall file with the Commission a plan under which the commercial processor either directly or under contract with a third party shall:  (1) Provide or assist in providing technical assistance to growers with whom it contracts on the proper management and storage of waste in accordance with best management practices approved by the Commission; (2) Provide or assist in providing continuing education programs on proper waste management that is protective of Delaware's environment for the growers with whom it contracts, as well as other persons who may handle or utilize such waste; (3) Conduct or fund research and demonstration programs that will contribute to improved waste management practices; (4) Formulate and implement nutrient reduction strategies that effectively minimize the addition of nutrients to the environment without having adverse health impacts on animals or reduction in the growth of animals; and (5) Report annually to the Commission on the activities it has undertaken pursuant to its plan and any amendments thereto. (b) This section is not to be construed as a mandate to involve commercial processors in farm activities not related to waste management. 72 Del. Laws, c. 60, §  1;
3 DE Code § 2249. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 22. Nutrient Management|Subchapter III. State Nutrient Management Program|§ 2249. Nutrient Management Funding.

§ 2249. Nutrient Management Funding. Funds appropriated to the Nutrient Transport Program, in the annual operating budget act are intended to support projects that transport poultry and animal waste, including litter, for alternative use projects and for transporting the poultry and animal waste to cropland showing a need for these nutrients as indicated by a nutrient management plan. It is intended that a portion of these funds will be use to remove the nutrients from Delaware and for farm to farm relocation within Delaware. Reimbursement of transportation shall not exceed $20 per ton of poultry or nonpoultry waste. The program shall be developed and implemented by the Delaware Department of Agriculture according to the guidelines established by the Delaware Nutrient Management Commission as provided for under § 2220(a)(4) of this title. Any appropriation to the Nutrient Management Contingency shall be used for the sole purpose of nutrient relocation and/or nutrient management planning pursuant to these guidelines. 73 Del. Laws, c. 322, §  3;
3 DE Code § 2260. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 22. Nutrient Management|Subchapter IV. Complaints, Hearings and Appeals|§ 2260. Complaints; investigations; enforcement.

§ 2260. Complaints; investigations; enforcement. (a) The Commission shall establish by regulation a process whereby any person may file a complaint with the Commission against any person for a violation of any of the provisions of this chapter or any regulations promulgated pursuant thereto. (b) The Commission shall establish by regulation the procedure for investigating any complaints brought before the Commission and the manner in which those complaints shall be resolved. (c) The Commission shall, when requested, keep confidential the names of complainants, and shall not investigate or respond to anonymous complaints. 72 Del. Laws, c. 60, §  1;
3 DE Code § 2261. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 22. Nutrient Management|Subchapter IV. Complaints, Hearings and Appeals|§ 2261. Hearings; procedural requirements.

§ 2261. Hearings; procedural requirements. (a) The Commission shall examine all complaints meeting the criteria of § 2260(a) of this title brought before it for violations of this chapter or Commission regulations within 60 days of receipt of the complaint. The Commission shall conduct a hearing on any matter that on its face presents a colorable claim that a violation has occurred. (b) Hearings on violations shall be held within 120 days of the date the Commission received a complaint and shall be conducted in the county in which the alleged violation occurred. (c) The Commission shall send 10 days' notice of any hearing to all named parties, together with a recital of the complaint or issue brought before the Commission. Such notice shall be sent via certified mail, and it shall be sufficient to send such notice to the attorneys of those who are represented by counsel. (d) All hearings shall be conducted by the Commission. A record of each shall be kept by the Commission and shall include:  (1) A recitation of the evidence before the Commission; (2) The Commission's findings of fact; (3) The Commission's decision; and (4) A brief statement of the reasons therefor. (e) The Commission's decision shall recite:  (1) The manner in which the Commission construed the law and applied it to the facts; (2) Any remunerative action a violator must take or has taken; (3) Any fine a violator must pay pursuant to Department regulations and a reference to the applicable regulations; and (4) Any revocation, suspension or modification to any certificate that has occurred. (f) The Commission shall have the power to compel the attendance of witnesses whose testimony is related to the alleged violation under review and the production of records related to the alleged violation under review by filing a praecipe for a subpoena through the Attorney General or a Deputy Attorney General with the Prothonotary of any county of this State, such a subpoena to be made by any sheriff of the State; failure to obey said subpoena will be punishable according to the rules of the Superior Court. (g) All decisions of the Commission pursuant to this subsection shall be final and conclusive unless a party to such hearing shall appeal pursuant to the provisions of § 2263 of this title. 72 Del. Laws, c. 60, §  1;
3 DE Code § 2262. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 22. Nutrient Management|Subchapter IV. Complaints, Hearings and Appeals|§ 2262. Certification appeals.

§ 2262. Certification appeals. All decisions of the Commission pursuant to § 2243 or § 2245 of this title shall be final and conclusive unless within 15 days after notice thereof, the person who was denied a certificate or whose certificate was not renewed shall appeal to the Commission for a hearing on the matter. The Commission shall hold a hearing within 60 days of receipt of the appeal and develop a record on the case upon which they shall base their decision on the appeal. The Commission may uphold, modify or reverse their decision to issue or renew the certificate. 72 Del. Laws, c. 60, §  1;
3 DE Code § 2263. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 22. Nutrient Management|Subchapter IV. Complaints, Hearings and Appeals|§ 2263. Appeals to the Secretary.

§ 2263. Appeals to the Secretary. (a) All decisions of the Commission pursuant to this chapter shall be final and conclusive unless within 15 days after notice thereof, the Secretary receives an appeal for a review of any Commission decision. Such appeal shall state the nature of the appeal, the reasons therefor, and the remedy sought. The Secretary may uphold the action of the Commission, remand the decision back to the Commission for further consideration, or repeal the action of the Commission. The Secretary may appoint a hearing officer, who shall hold a hearing pursuant to the Administrative Procedures Act. The Secretary's decision shall be based solely on the record developed by the Commission at the hearing unless the Secretary finds that additional evidence should be taken. If the Secretary finds that additional evidence should be taken, the Secretary may take the additional evidence or remand the cause to the Commission for completion of the record. (b) All decisions of the Secretary on appeals brought pursuant to this section shall be final and conclusive unless within 10 days after notice thereof, a party appeals to the Superior Court of the county in which the violation occurred. In every appeal from a decision of the Secretary, the cause shall be decided by the Court on the record without aid of the jury and may affirm, reverse or modify the Secretary's decision. The findings of fact made below shall not be set aside unless the Court determines that the record contains no substantial evidence that would reasonably support the findings. If the Court finds that additional evidence should be taken, the Court may take the additional evidence or remand the cause to the Secretary for completion of the record. If the Court finds that an error of law has been made, the Court shall reverse or modify the Secretary's decision and render an appropriate judgment. 72 Del. Laws, c. 60, §  1;  70 Del. Laws, c. 186, §  1;
3 DE Code § 2280. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 22. Nutrient Management|Subchapter V. Enforcement, Suits for Enforcement, and Incentives|§ 2280. Enforcement; fines and penalties.

§ 2280. Enforcement; fines and penalties. (a) Whoever violates this chapter, any rule or regulation duly promulgated thereunder, any condition of a certificate issued pursuant to this chapter or any order of the Secretary issued pursuant to this chapter shall be subject to the following fines and penalties, as well as any other remedy described elsewhere in this chapter. (1) A civil penalty shall be imposed by the Justice of the Peace Court of not less than $25 nor more than $1,000 for each violation. Each day of continued violation shall be considered as a separate violation up to a limit of $10,000. The Justice of the Peace Court shall have jurisdiction of a violation in which a civil penalty is sought. In setting penalty amounts under this section, consideration shall be given to offsetting any economic benefit from noncompliance or any delayed or avoided costs to any person. Further, penalty assessments shall be sufficient to deter recurrence of noncompliance. If there is a substantial likelihood that noncompliance will reoccur, the Commission may recommend that the Secretary also seek a permanent or preliminary injunction or temporary restraining order in the Court of Chancery. Civil penalties imposed under this section may not be suspended. (2) In its discretion, the Commission may recommend that the Secretary impose an administrative penalty of not more than $1,000 for each violation. Prior to assessment of an administrative penalty, written notice of the Secretary's proposal to impose such penalty shall be given to the violator, and the violator shall have 30 days from receipt of said notice to request a public hearing. Any public hearing, if requested, right of appeal and judicial appeal shall be conducted pursuant to this chapter. Assessment of an administrative penalty shall be determined by the nature, circumstances, extent and gravity of the violation or violations, ability of the violator to pay, any prior history of such violations, the degree of culpability, economic benefit or savings (if any) resulting from the violation, and such other matters as justice may require. (b) Any expenses or civil administrative penalties collected by the Department of Agriculture under this chapter are hereby appropriated to the Department for use in assisting persons in achieving compliance or to demonstrate the application of research that may be of substantial benefit to many individuals seeking compliance with this chapter. 72 Del. Laws, c. 60, §  1;
3 DE Code § 2281. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 22. Nutrient Management|Subchapter V. Enforcement, Suits for Enforcement, and Incentives|§ 2281. Suits for enforcement.

§ 2281. Suits for enforcement. Any person may file suit in Chancery Court for injunctive relief against:  (1) Any person found pursuant to § 2260 of this title to have violated this chapter or regulations promulgated thereunder; (2) The Department of Agriculture, for any alleged failure to perform any act or duty mandated to the Department under this chapter; or (3) The Commission, for any failure to perform any act or duty mandated to the Commission under this chapter or for failure to enforce the chapter or regulations promulgated thereunder.72 Del. Laws, c. 60, §  1;
3 DE Code § 2282. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 22. Nutrient Management|Subchapter V. Enforcement, Suits for Enforcement, and Incentives|§ 2282. Protection from enforcement.

§ 2282. Protection from enforcement. The Commission shall establish a list of best management practices for which funding is available from the Department and/or other local, state or federal agencies. Should any person be required under this chapter or regulations promulgated hereunder to undertake any of the activities for which funding is available and fail to receive funding due to insufficient funds available through those local, state or federal agencies, the Commission shall not begin any enforcement action under § 2280 of this title until such funding becomes available; provided, however, that the owner-operator must accept the first available funding after a period of 3 years, dated from nutrient management plan acceptance. 72 Del. Laws, c. 60, §  1;
3 DE Code § 2290. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 22. Nutrient Management|Subchapter VI. Program Reports|§ 2290. Annual reports.

§ 2290. Annual reports. (a) The Commission shall prepare and submit an annual report of its activities and the environmental results that have accrued during the previous year for the Governor and the General Assembly by April 1 each year. Each annual report shall include:  (1) Specific recommendations for incentives to promote best management practices within the industry; (2) A complete list and delineation of all critical areas identified jointly with the Secretary of the Department of Natural Resources and Environmental Control that will be targeted for action and the reasons therefor; (3) A listing of all nutrient management training and education opportunities that were available in the State or within a reasonable travel distance, and any records of participation in those events; and (4) Best management practices implemented and the amount of acres under nutrient management plans by watershed. (b) (1) Each person required to maintain a nutrient management plan or animal waste management plan shall submit to the Commission by March 1 of every calendar year, on a form developed and supplied by the Commission, a report detailing, at a minimum, the following:  a. The amount of animal wastes applied to the land and the quantity of land it was applied to; b. The amount of animal wastes transferred for alternative uses (if applicable); and c. The amount of inorganic fertilizers applied to the land. (2) All reports submitted under this subsection shall not be considered public records under Delaware's Freedom of Information Act and shall not be disclosed. Such data may be used for data compilation. Notwithstanding the foregoing, reports submitted by permitted concentrated animal feeding operations under this subsection or under the CAFO NPDES Program may be retained, disclosed and made public as provided for in § 2248 of this title.72 Del. Laws, c. 60, §  1;  78 Del. Laws, c. 37, §  8;