DE SB26

Adds new definition of "CAFO NPDES Program" to Title 3 of Delaware Code relating to regulatory permitting of Concentrated Animal Feeding Operations under the Clean Water Act and EPA Memorandum of Understanding.

Authorizes the Secretaries of the Delaware Department of Agriculture and Department of Natural Resources and Environmental Control to jointly promulgate and amend regulations for the CAFO NPDES Program, including authority to determine what nutrient management plans and documents shall be made public.

Ratifies and approves the Regulations Governing the Control of Water Pollution, Section 9.5 Concentrated Animal Feeding Operation (7 Del. Admin. C. Section 7201-9.5) and the Memorandum of Agreement between DDA and DNREC dated December 16, 2010.

Specifies that nutrient management plans for CAFOs must address seven site-specific requirements including diverting clean water, preventing system leaks, providing adequate storage, managing manure, handling dead animals, chemical handling, and tillage practices.

Allows animal waste management plans, nutrient management plans, and reports submitted by permitted concentrated animal feeding operations to be retained, disclosed, and made public as determined by DDA and DNREC regulations.