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Code · Delaware · Title 3 — Agriculture · Chapter 22. Nutrient Management · Subchapter III. State Nutrient Management Program

§ 2241. Requirement for certification; classifications.

359 words·~2 min read·/de/title-3/chapter-22-nutrient-management/subchapter-iii-state-nutrient-management-program/2241·

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(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 totaling more than 8 animal units.
(2)Apply nutrients to lands totaling more than 10 acres or as a component of a commercial venture or lands that the person or firm owns, leases or otherwise controls.
(3)Apply nutrients to turf totaling more than ¼ acre (10, 890 square feet) as a component of a commercial venture managed for another.
(4)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 turf or land the person owns, leases or otherwise controls.
(3)Commercial nutrient handler: A person in this State who applies uses, or supervises the application of organic or inorganic nutrients to turf or land 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. Direct supervision shall apply only to individuals who are responsible for professional duties at the same physical location as the commercial nutrient handler.
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