(a) The Delaware Nutrient Management Commission is hereby established. The Commission shall have the power to develop, review, approve and enforce regulations governing the certification of individuals engaged in the business of land application of nutrients and the development of nutrient management plans as set forth in this chapter. In addition, the Commission shall:

(1) Consider the establishment of critical areas for targeting of other voluntary or regulatory programs;

(2) Establish best management practices to reduce nutrient losses to the environment;

(3) Develop educational and awareness programs designed to voluntarily curtail use of nutrients by persons not otherwise covered by this chapter;

(4) Consider the development of a transportation and alternative use incentive program to move nutrients from areas with overabundance to areas needing nutrient sources;

(5) Make such other recommendations to the Secretary that it deems important for the furtherance of the goals of this Chapter; and

(6) Establish the elements and general direction of the State Nutrient Management Program.

(b) The Commission, in carrying out its duties under this chapter, shall consider comments from affected stakeholders and others interested in the activities of the Commission, including, but not limited to, the University of Delaware and other state and federal agencies, nonprofit groups, and others with an interest in nutrient management. In addition, the Commission shall consider prior work of the Governor’s Agricultural Industry Advisory Committee on Nutrient Management.

(c) Notwithstanding the foregoing, the Commission shall not hold any person or persons certified pursuant to this chapter responsible for violations committed by another person.

72 Del. Laws, c. 60, § 1.