§ 2222 — Composition; appointment; qualifications and term; compensation; vacancies; civil liability

Delaware § 2222

• Jurisdiction: Delaware
• Title: 3
• Part: Regulatory Provisions
• Ch. 22: NUTRIENT MANAGEMENT
• Subch.: Delaware Nutrient Management Commission

Text

(a) The Delaware Nutrient Management Commission consists of 19 members as follows:

(1) Five members appointed by the Governor, 1 each representing the following categories, with at least 1 from each county:

a. A dairy, swine, beef, or small ruminant farmer.

b. An equine operation owner.

c. A poultry farmer.

d. A grain row crop farmer.

e. A vegetable row crop farmer.

(2) Three members appointed by the Governor, 1 each representing the following categories:

a. A representative of a commercial/agriculture nutrient applicator.

b. A representative of a golf course/lawn care industry.

c. A public citizen that does not represent any of the other categories.

(3) Two members appointed by the President Pro Tempore of the Senate, representing each of following categories:

a. A representative of a community-based environmental advocacy group.

b. A poultry farmer.

(4) Two members appointed by the Speaker of the House, representing each of following categories:

a. A representative of a community-based environmental advocacy group.

b. A dairy, swine, beef, or small ruminant farmer.

(5) One member who is a nutrient consultant appointed by the Senate Minority Leader.

(6) One member who is a representative of the commercial nursery industry appointed by the House Minority Leader.

(7) The Director of the Division of Watershed Stewardship of DNREC, or the Director’s designee.

(8) Four ex officio nonvoting members, or their designee:

a. The Secretary of the Department of Agriculture.

b. The Secretary of the Department of Natural Resources and Environmental Control (DNREC).

c. The Secretary of the Department of Health and Social Services.

d. The Nutrient Management Program Administrator.

(b) The Commission members shall elect a chairperson and vice chairperson from the appointed members of the Commission. Each officer shall serve for 4 years and may not serve more than 2 consecutive terms. In the event of a vacancy in 1 of the offices, a replacement must be elected within 60 days.

(c) All appointed members shall serve a term of 4 years.

(d) Any appointed member of the Commission who misses 3 consecutive meetings or is otherwise recommended for removal by the Commission may be removed by the appointing authority.

(e) Each appointed member of the Commission shall receive compensation of $100 per meeting. Commission members may be compensated for no more than 16 meetings per year. Commission members are entitled to be paid reasonable expenses for traveling to and from any Commission or Commission subcommittee meeting or conference attended on official business for the Commission.

(f) The Nutrient Management Program Administrator (NMPA) is a full-time, exempt state position selected by the Commission and created within the Department of Agriculture. The NMPA is the administrator of, and is responsible for, the operation of the State Nutrient Management Program.

(g) In any civil action against the Commission or any of its members, civil liability is determined pursuant to the provisions of Chapter 40 of Title 10.

Legislative History

72 Del. Laws, c. 60, § 1 ; 70 Del. Laws, c. 186, § 1 ; 72 Del. Laws, c. 395, § 319 ; 77 Del. Laws, c. 430, § 1 ; 78 Del. Laws, c. 268, § 1 ; 83 Del. Laws, c. 480, § 1 ; 84 Del. Laws, c. 233, § 4 ; 84 Del. Laws, c. 439, § 2