(a) All animal feeding operations with greater than 8 animal units or any person who owns, leases or otherwise controls property totaling more than 10 acres upon which nutrients are applied shall develop and implement a nutrient management plan in accordance with the schedule outlined in this section. Nutrient handlers who apply nutrients to turf totaling more than ¼ acres (10,890 square feet) but less than 10 acres shall not be required to have a nutrient management plan but are subject to limits outlined in this title and the Commission’s regulations. All nutrient management plans shall include all of the following:
(1) Field maps as an arial photograph showing field identification, boundaries, acres, location of surface waters, irrigation systems, and location of designated sensitive areas with associated nutrient application restrictions or setbacks.
(2) Soil maps and information, including drainage class, permeability, available water capacity, depth to water table, and flooding or ponding frequency.
(3) Current or planned crop rotations.
(4) Results of applicable soil, plant, water, manure, or organic by-products analyses.
(5) Realistic yield goals and the methods used to estimate those goals. Expected yields shall be calculated as a mathematical average of the best 4 out of 7 year data or, in the absence thereof, best professional judgement by a certified nutrient consultant under § 2241 of this title.
(6) Recommended nutrient rates, timing, form and methods of nutrient applications and incorporation.
(7) Results of approved risk assessment tools for nitrogen, phosphorus, and erosion losses, if applicable.
(8) Animal information including types, number, average sizes, annual manure generation, and any manure import or export, if applicable.
(b) Planned applications of phosphorous to high phosphorous soils cannot exceed total phosphorous removal in a planned crop rotation unless a different management practice is permitted after conducting the Delaware PSI risk assessment tool.
(1) If the PSI score for a field is “very high,” no phosphorus application is allowed.
(2) All fields with FIV exceeding 499 must have a PSI assessment prior to phosphorus application. Results of the PSI are valid for a term not to exceed 3 years.
(3) Fields with FIV below 500 but above 150 must have a PSI assessment, unless the total planned phosphorus application to a crop rotation does not exceed the phosphorus removed by all crops in the rotation.
(c) Yield goals shall be used to determine nitrogen application rates as appropriate. Recommended nitrogen application rates cannot exceed the application rates published by the University of Delaware of the specific crop, unless an adaptive approach is used to adjust in-season nitrogen application rates based on recommendations from a certified consultant or a Commission approved nitrogen application model.
(d) All animal waste management plans, nutrient management plans and records of implementation shall be kept by the land owner or person responsible for the plans or records. Animal waste management plans, nutrient management plans and records of implementation shall not be considered as public records under the Freedom of Information Act and shall not be disclosed, except, however, that they shall be made available for inspection by the Delaware Department of Agriculture and the Commission. Records of implementation shall include:
(1) Soil test results and recommended nutrient application rates;
(2) Quantities, analyses and sources of nutrients applied;
(3) Dates and methods of nutrient applications;
(4) Crops planted, yields and crop residues removed; and
(5) Certification statement signed by the operator to document the intention of nutrient management and/or animal waste management plan implementation
Notwithstanding the foregoing, animal waste management plans, nutrient management plans and records of implementation may be retained, disclosed and made public as provided for in § 2248 of this title.
(e) Nutrient management plans shall be updated a minimum of every 3 years or upon significant alterations in facility operations, or upon a 25% or greater increase in facility operations. Such plans shall be reported to the Commission no later than December 15 of the year in which it must be updated.
(f) If a person implementing a nutrient management plan intends to store manure, other than in an approved manure storage structure or facility, such outdoor storage shall:
(1) Be reflected in the person’s nutrient management plan;
(2) Be at least 100 feet from any body of water or drainage ditch;
(3) Be at least 100 feet from any public road;
(4) Be at least 200 feet from any residence that is not located on the person’s property; and
(5) Be at least 6 feet high and in a conical shape.
(g) In situations where persons other than the land owner are responsible for nutrient applications, nutrient management plans as required in this section shall be the responsibility of the person actually managing the application of nutrients to that property.
(h) Upon completion and implementation of a nutrient management plan, the owner/operator/planner shall notify the Commission within 60 days of the completion of the plan.
(i) In the event of circumstances that are beyond the control of the person implementing a nutrient management plan pursuant to this section, such person shall notify the Department of any actions such person intends to take as a result of those circumstances.
(j) In the case of animal feeding operations where no other nutrients are used for farming and the animal waste is not land-applied, the operator of the facility may substitute an animal waste management plan for a nutrient management plan. At a minimum, the animal waste management plan shall include:
(1) Information concerning how the waste is stored prior to transport;
(2) Records of where and to whom the animal waste was transported and the amount of such waste; and
(3) The mortality disposal method.
(k) The State shall make nutrient consultants available through the conservation districts to provide free nutrient management plans assistance to anyone requesting such assistance. For those persons wishing to hire private nutrient consultants, the State, through the conservation districts, shall reimburse any person establishing a nutrient management plan or updating an established nutrient management plan at a rate and amount that shall be determined annually by the Commission and subject to annual appropriations.
(l) County, municipal and industrial facilities discharging solid or liquid waste and permitted by the Department of Natural Resources and Environmental Control under The Guidance and Regulations Governing the Land Treatment of Wastes shall be exempt from the provisions of this chapter. Provided, however that they provide the Commission with an annual report as required by their land treatment permit.