(a) The Commission shall prepare and submit an annual report of its activities and the environmental results that have accrued during the previous year for the Governor and the General Assembly by April 1 each year. Each annual report shall include:

(1) Specific recommendations for incentives to promote best management practices within the industry;

(2) A complete list and delineation of all critical areas identified jointly with the Secretary of the Department of Natural Resources and Environmental Control that will be targeted for action and the reasons therefor;

(3) A listing of all nutrient management training and education opportunities that were available in the State or within a reasonable travel distance, and any records of participation in those events; and

(4) Best management practices implemented and the amount of acres under nutrient management plans by watershed.

(b) (1) Each person required to maintain a nutrient management plan or animal waste management plan shall submit to the Commission by March 1 of every calendar year, on a form developed and supplied by the Commission, a report detailing, at a minimum, the following:

a. The amount of animal wastes applied to the land and the quantity of land it was applied to;

b. The amount of animal wastes transferred for alternative uses (if applicable); and

c. The amount of inorganic fertilizers applied to the land.

(2) All reports submitted under this subsection shall not be considered public records under Delaware’s Freedom of Information Act and shall not be disclosed. Such data may be used for data compilation. Notwithstanding the foregoing, reports submitted by permitted concentrated animal feeding operations under this subsection or under the CAFO NPDES Program may be retained, disclosed and made public as provided for in § 2248 of this title.

72 Del. Laws, c. 60, § 1; 78 Del. Laws, c. 37, § 8.