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House
File
987
-
Introduced
HOUSE
FILE
987
BY
COMMITTEE
ON
WAYS
AND
MEANS
(SUCCESSOR
TO
HSB
322)
A
BILL
FOR
An
Act
providing
for
the
processing
of
organic
material
into
1
renewable
fuel
and
digestate,
providing
fees,
and
providing
2
penalties.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
2958HV
(2)
91
da/ns
H.F.
987
DIVISION
I
1
COMMUNITY
ANAEROBIC
DIGESTER
SYSTEMS
2
Section
1.
NEW
SECTION
.
458.101
Short
title.
3
This
chapter
shall
be
known
and
may
be
cited
as
the
4
“Community
Anaerobic
Digester
System
Act”
.
5
Sec.
2.
NEW
SECTION
.
458.102
Definitions.
6
For
purposes
of
this
chapter,
unless
the
context
otherwise
7
requires:
8
1.
a.
“Agricultural
animal”
means
an
animal
belonging
to
9
the
bovine,
caprine,
equine,
ovine,
or
porcine
species;
farm
10
deer
as
defined
in
section
170.1;
ostriches,
rheas,
or
emus;
11
turkeys,
chickens,
domestic
geese
or
ducks,
or
other
domestic
12
fowl;
or
fish
or
other
aquatic
organisms
confined
in
private
13
waters
for
human
consumption.
14
b.
“Agricultural
animal”
includes
an
animal
that
is
part
of
15
an
animal
feeding
operation.
16
2.
a.
(1)
“Anaerobic
digester
system”
means
a
digester
17
processing
structure
used
to
effectuate
the
digestion
process.
18
(2)
“Anaerobic
digester
system”
may
also
include
any
of
the
19
following:
20
(a)
A
liquid
digester
storage
structure.
21
(b)
A
dry
digester
manure
stockpile.
22
(c)
A
dry
digester
feedstock
stockpile.
23
(d)
A
liquid
digestate
storage
structure.
24
(e)
A
dry
digestate
stockpile.
25
b.
“Anaerobic
digester
system”
includes
other
related
26
structures,
pipes,
and
equipment
used
in
the
digestion
process.
27
3.
“Animal
feeding
operation”
means
the
same
as
defined
in
28
section
459.102.
29
4.
“Animal
feeding
operation
structure”
means
the
same
as
30
defined
in
section
459.102.
31
5.
“Commercial
enterprise”
means
the
same
as
defined
in
32
section
459.102.
33
6.
“Community
anaerobic
digester
system”
means
an
anaerobic
34
digester
system
that
is
not
identified
with
an
animal
feeding
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operation
as
provided
in
section
458.104.
1
7.
“Confinement
feeding
operation
structure”
means
the
same
2
as
defined
in
section
459.102.
3
8.
“Covered”
means
organic
or
inorganic
material
has
been
4
placed
upon
a
digester
structure
used
to
store
any
of
the
5
following:
6
a.
Digester
manure.
7
b.
Digester
feedstock.
8
c.
Digestate.
9
9.
“Critical
public
area”
means
the
same
as
defined
in
10
section
459.102.
11
10.
“Department”
means
the
department
of
natural
resources
12
created
pursuant
to
section
455A.2.
13
11.
“Designated
area”
means
the
same
as
defined
in
section
14
459.102.
15
12.
“Designated
object
or
location”
means
any
of
the
16
following:
17
a.
A
commercial
enterprise.
18
b.
A
bona
fide
religious
institution.
19
c.
An
educational
institution.
20
d.
A
public
use
area.
21
13.
“Designated
wetland”
means
the
same
as
defined
in
22
section
459.102.
23
14.
“Digestate”
means
the
dry
or
liquid
nutrient-rich
24
material
that
remains
after
the
digestion
process
is
25
effectuated.
26
15.
a.
“Digester
feedstock”
means
organic
material,
other
27
than
digester
manure,
originating
on-farm
or
off-farm
that
28
is
used
to
effectuate
the
digestion
process
as
part
of
an
29
anaerobic
digester
system.
30
b.
“Digester
feedstock”
includes
either
of
the
following:
31
(1)
Dry
digester
feedstock.
32
(2)
Liquid
digester
feedstock.
33
16.
a.
“Digester
manure”
means
manure
originating
on-farm
34
that
is
used
to
effectuate
the
digestion
process
as
part
of
an
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anaerobic
digester
system.
1
b.
“Digester
manure”
includes
either
of
the
following:
2
(1)
Dry
digester
manure.
3
(2)
Liquid
digester
manure.
4
17.
“Digester
processing
structure”
means
a
structure
that
5
effectuates
the
digestion
process.
6
18.
“Digester
stockpile”
means
any
of
the
following:
7
a.
A
dry
digester
manure
stockpile.
8
b.
A
dry
digester
feedstock
stockpile.
9
c.
A
dry
digestate
stockpile.
10
19.
“Digester
structure”
means
any
of
the
following:
11
a.
A
liquid
digester
storage
structure.
12
b.
A
digester
processing
structure.
13
c.
A
liquid
digestate
storage
structure.
14
20.
“Digestion
process”
means
primarily
processing
digester
15
manure,
and
may
include
processing
digester
feedstock,
by
16
employing
environmental
conditions
including
bacteria
to
break
17
down
organic
matter
in
the
absence
of
oxygen,
if
used
for
18
producing,
collecting,
and
utilizing
a
biogas
and
digestate.
19
21.
“Dry
bedded
confinement
feeding
operation”
means
the
same
20
as
defined
in
section
459B.102.
21
22.
“Dry
digestate”
means
digestate
that
meets
the
dry
22
classification
requirements
in
section
458.107.
23
23.
“Dry
digestate
stockpile”
means
dry
digestate
24
originating
from
a
community
anaerobic
digester
system
and
25
stored
as
part
of
the
community
anaerobic
digester
system
26
outside
a
digester
structure
or
on-farm
outside
any
other
27
structure.
28
24.
“Dry
digester
feedstock”
means
a
digester
feedstock
that
29
meets
the
dry
classification
requirements
in
section
458.107.
30
25.
“Dry
digester
feedstock
stockpile”
means
dry
digester
31
feedstock
stored
outside
a
digester
structure.
32
26.
“Dry
digester
manure”
means
digester
manure
that
meets
33
the
dry
classification
requirement
in
section
458.107.
34
27.
“Dry
digester
manure
stockpile”
means
dry
digester
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manure
stored
as
part
of
a
community
anaerobic
digester
system
1
outside
a
digester
structure.
2
28.
“Dry
digester
stockpile”
means
either
of
the
following:
3
a.
A
dry
digester
feedstock
stockpile.
4
b.
A
dry
digester
manure
stockpile.
5
29.
“Educational
institution”
means
the
same
as
defined
in
6
section
459.102.
7
30.
“Effluent”
means
the
same
as
defined
in
section
8
459A.102.
9
31.
“Federal
Water
Pollution
Control
Act”
means
the
federal
10
Water
Pollution
Control
Act
of
1972,
33
U.S.C.
ch.
26,
as
11
amended,
and
40
C.F.R.
pts.
122
and
412.
12
32.
“Frozen
ground”
means
the
same
as
defined
in
section
13
459.102.
14
33.
“High-quality
water
resource”
means
the
same
as
defined
15
in
section
459.102.
16
34.
“Karst
terrain”
means
the
same
as
defined
in
section
17
459.102.
18
35.
“Liquid
digestate”
means
digestate
other
than
dry
19
digestate.
20
36.
“Liquid
digestate
storage
structure”
means
a
structure
21
used
to
store
liquid
digestate.
22
37.
“Liquid
digester
feedstock”
means
digester
feedstock
23
other
than
dry
digester
feedstock.
24
38.
“Liquid
digester
feedstock
storage
structure”
means
25
a
structure
used
to
store
liquid
digester
feedstock
or
dry
26
digester
feedstock
before
undergoing
a
digestion
process
as
27
effectuated
by
a
digester
processing
structure.
28
39.
“Liquid
digester
manure”
means
digester
manure
other
29
than
dry
digester
manure.
30
40.
“Liquid
digester
manure
storage
structure”
means
a
manure
31
storage
structure
used
to
store
liquid
digester
manure
or
32
dry
digester
manure
before
undergoing
a
digestion
process
as
33
effectuated
by
a
digester
processing
structure.
34
41.
“Liquid
digester
storage
structure”
means
a
structure
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used
to
store
digester
manure
or
digester
feedstock,
or
both,
1
before
undergoing
a
digestion
process
as
effectuated
by
a
2
digester
processing
structure.
3
42.
“Major
water
source”
means
the
same
as
defined
in
4
section
459.102.
5
43.
“Manure”
means
the
same
as
defined
in
section
459.102.
6
44.
“Manure
management
plan”
means
a
manure
management
plan,
7
including
an
updated
manure
management
plan,
as
provided
in
8
section
459.312.
9
45.
“Manure
storage
structure”
means
the
same
as
defined
in
10
section
459.102.
11
46.
“Nutrient
management
plan”
means
a
nutrient
management
12
plan
or
an
updated
nutrient
management
plan
as
provided
in
13
section
459A.208.
14
47.
“Off-farm”
means
real
property
that
is
not
on-farm.
15
48.
“On-farm”
means
real
property
used
to
produce
raw
16
agricultural
commodities,
including
agricultural
animals;
crops
17
such
as
corn,
grain
sorghum,
oats,
soybeans,
or
wheat;
hay
or
18
straw;
milk;
or
wool.
19
49.
“Open
feedlot
operation”
means
the
same
as
defined
in
20
section
459A.102.
21
50.
“Professional
engineer”
means
the
same
as
defined
in
22
section
459.102.
23
51.
“Religious
institution”
means
the
same
as
defined
in
24
section
459.102.
25
52.
“Research
college”
means
the
same
as
defined
in
section
26
459A.102.
27
53.
“Snow
covered
ground”
means
the
same
as
defined
in
28
section
459.102.
29
54.
“Water
of
the
state”
means
the
same
as
defined
in
30
section
455B.171.
31
55.
“Water
source”
means
the
same
as
defined
in
section
32
459.102.
33
Sec.
3.
NEW
SECTION
.
458.103
Special
terms
——
community
34
anaerobic
digester
systems
and
on-farm
operations.
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1.
a.
A
community
anaerobic
digester
system
must
be
1
off-farm.
2
b.
An
animal
feeding
operation
must
be
on-farm.
3
2.
This
chapter
does
not
apply
to
any
of
the
following:
4
a.
A
confinement
feeding
operation
structure
regulated
under
5
chapter
459
regardless
of
whether
manure
originating
from
the
6
confinement
feeding
operation
structure
is
stored
or
processed
7
as
part
of
a
community
anaerobic
digester
system.
8
b.
An
open
feedlot
operation
structure
regulated
under
9
chapter
459A
regardless
of
whether
effluent
originating
from
10
the
open
feedlot
operation
structure
is
stored
or
processed
as
11
part
of
a
community
anaerobic
digester
system.
12
c.
A
dry
bedded
confinement
feeding
operation
structure
13
regulated
under
chapter
459B
regardless
of
whether
manure
14
originating
from
the
dry
bedded
confinement
feeding
operation
15
structure
is
stored
or
processed
as
part
of
a
community
16
anaerobic
digester
system.
17
Sec.
4.
NEW
SECTION
.
458.104
Special
terms
——
community
18
anaerobic
digester
systems
not
identified
with
animal
feeding
19
operation.
20
1.
a.
An
anaerobic
digester
system
receiving
digester
21
manure
from
an
animal
feeding
operation
is
a
community
22
anaerobic
digester
system
only
if
the
anaerobic
digester
system
23
is
not
identified
with
that
animal
feeding
operation
or
any
24
other
animal
feeding
operation,
including
a
confinement
feeding
25
operation,
open
feedlot
operation,
or
dry
bedded
confinement
26
feeding
operation.
27
b.
An
anaerobic
digester
system
is
identified
with
an
animal
28
feeding
operation
by
being
both
of
the
following:
29
(1)
Under
common
ownership
or
management.
30
(2)
Adjacent.
31
2.
An
anaerobic
digester
system
and
an
animal
feeding
32
operation
structure
are
deemed
adjacent
if
the
closest
33
digester
structure
is
separated
from
the
closest
animal
feeding
34
operation
structure
by
less
than
one
thousand
two
hundred
fifty
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987
feet.
1
3.
a.
An
anaerobic
digester
system
and
an
animal
feeding
2
operation
are
under
common
ownership
if
a
person
holds
an
3
interest
in
the
anaerobic
digester
system
and
the
animal
4
feeding
operation
as
any
of
the
following:
5
(1)
A
sole
proprietor.
6
(2)
A
joint
tenant
or
tenant
in
common.
7
(3)
A
holder
of
a
majority
equity
interest
in
a
business
8
association
as
defined
in
section
202B.102,
including
but
not
9
limited
to
a
shareholder,
partner,
member,
or
beneficiary.
10
b.
An
interest
in
the
anaerobic
digester
system
and
animal
11
feeding
operation
which
is
held
directly
or
indirectly
by
the
12
person’s
spouse
or
dependent
child
shall
be
attributed
to
the
13
person.
14
4.
a.
An
anaerobic
digester
system
and
animal
feeding
15
operation
are
under
common
management
if
a
person
has
16
significant
control
of
the
management
of
the
day-to-day
17
operations
of
the
anaerobic
digester
system
and
animal
feeding
18
operation.
19
b.
Common
management
does
not
include
control
over
a
20
contract
livestock
facility
by
a
contractor,
as
those
terms
are
21
defined
in
section
202.1.
22
Sec.
5.
NEW
SECTION
.
458.105
Special
terms
——
multiple
23
anaerobic
digester
systems.
24
1.
A
community
anaerobic
digester
system
and
another
25
anaerobic
digester
system
are
deemed
to
be
a
single
community
26
anaerobic
digester
system
if
the
community
anaerobic
digester
27
system
and
the
other
anaerobic
digester
system
are
both
of
the
28
following:
29
a.
Under
common
ownership
or
management.
30
b.
Adjacent.
31
2.
A
community
anaerobic
digester
system
and
another
32
anaerobic
digester
system
are
deemed
adjacent
if
the
closest
33
digester
structure
of
the
community
anaerobic
digester
system
34
is
separated
from
the
closest
digester
structure
of
the
other
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anaerobic
digester
system
by
less
than
one
thousand
two
hundred
1
fifty
feet.
2
3.
a.
A
community
anaerobic
digester
system
and
another
3
anaerobic
digester
system
are
under
common
ownership
if
a
4
person
holds
an
interest
in
the
community
anaerobic
digester
5
system
and
the
other
anaerobic
digester
system
as
any
of
the
6
following:
7
(1)
A
sole
proprietor.
8
(2)
A
joint
tenant
or
tenant
in
common.
9
(3)
A
holder
of
a
majority
equity
interest
in
a
business
10
association
as
defined
in
section
202B.102,
including
but
not
11
limited
to
a
shareholder,
partner,
member,
or
beneficiary.
12
b.
An
interest
in
the
community
anaerobic
digester
system
13
and
other
anaerobic
digester
system
which
is
held
directly
or
14
indirectly
by
the
person’s
spouse
or
dependent
child
shall
be
15
attributed
to
the
person.
16
4.
A
community
anaerobic
digester
system
and
other
17
anaerobic
digester
system
are
under
common
management
if
18
a
person
has
significant
control
of
the
management
of
the
19
day-to-day
operations
of
the
community
anaerobic
digester
20
system
and
the
other
anaerobic
digester
system.
21
Sec.
6.
NEW
SECTION
.
458.106
Special
terms
——
digester
22
structures.
23
1.
Except
as
otherwise
provide
in
this
chapter,
a
digester
24
structure
that
is
constructed
or
may
be
constructed
as
part
of
25
a
community
anaerobic
digester
system
is
regulated
under
this
26
chapter.
27
2.
A
digester
structure
must
be
covered.
28
3.
A
digester
structure
is
constructed
when
any
of
the
29
following
occur:
30
a.
Excavation
is
conducted
for
a
proposed
digester
structure
31
or
proposed
expansion
of
an
existing
digester
structure,
32
including
excavation
for
the
footings
of
the
digester
33
structure.
34
b.
Forms
for
concrete
are
installed
for
a
proposed
digester
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structure
or
the
proposed
expansion
of
an
existing
digester
1
structure.
2
c.
Piping
for
the
movement
of
manure
is
installed
for
a
3
proposed
digester
structure
or
the
proposed
expansion
of
an
4
existing
digester
structure.
5
Sec.
7.
NEW
SECTION
.
458.107
Special
terms
——
manure
and
6
digestates.
7
1.
Except
as
otherwise
provided
in
this
chapter,
the
term
8
“manure”
includes
effluent
if
used
as
part
of
the
digestion
9
process
using
digester
manure
as
part
of
a
community
anaerobic
10
digester
system.
11
2.
Digester
manure,
digester
feedstock,
or
digestate
is
12
classified
as
dry
only
if
all
of
the
following
apply:
13
a.
The
digester
manure,
digester
feedstock,
or
digestate
14
does
not
flow
perceptibly
under
pressure.
15
b.
The
digester
manure,
digester
feedstock,
or
digestate
is
16
not
capable
of
being
transported
through
a
mechanical
pumping
17
device
designed
to
move
a
liquid.
18
c.
The
constituent
molecules
of
the
digester
manure,
19
digester
feedstock,
or
digestate
do
not
flow
freely
among
20
themselves
but
may
show
a
tendency
to
separate
under
stress.
21
3.
A
digester
processing
structure
must
process
digester
22
manure
as
its
primary
source.
The
digester
processing
23
structure
may
also
process
any
of
the
following:
24
a.
A
quantity
of
digester
feedstock
as
its
secondary
source.
25
b.
An
ancillary
quantity
of
an
inorganic
material,
including
26
a
catalyst,
used
to
best
effectuate
the
digestion
process.
27
The
department
shall
adopt
rules
listing
allowable
materials
28
by
name
and,
if
necessary,
the
maximum
allowed
quantity.
29
The
department
may
also
approve
the
allowable
materials
and
30
quantity
upon
request
of
the
owner
or
manager
of
the
anaerobic
31
digester
system.
The
inorganic
material
allowed
over
time
must
32
be
nonhazardous
to
the
public
and
environment.
33
4.
a.
Except
as
provided
in
paragraph
“b”
,
digester
manure
34
shall
not
be
regulated
as
manure.
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b.
If
digester
manure
and
digester
feedstock
are
combined,
1
the
digester
feedstock
shall
be
regulated
as
digester
manure.
2
5.
a.
Except
as
provided
in
paragraph
“b”
,
a
digestate
3
shall
not
be
regulated
as
manure.
4
b.
(1)
If
digestate
is
removed
from
a
digester
processing
5
structure
and
at
any
time
is
combined
with
manure,
the
6
digestate
shall
be
regulated
as
manure
under
chapter
459
and
7
chapter
459B,
as
applicable.
8
(2)
If
a
digestate
is
removed
from
a
digester
processing
9
structure
and
at
any
time
is
combined
with
effluent,
the
10
digestate
shall
be
regulated
as
effluent
under
chapter
459A.
11
Sec.
8.
NEW
SECTION
.
458.108
Separation
distance
12
measurements.
13
1.
Except
as
provided
in
subsection
2,
all
separation
14
distances
between
two
items
described
in
this
chapter
shall
15
be
measured
in
feet
from
their
closest
points,
as
provided
by
16
rules
adopted
by
the
department.
17
2.
The
distance
between
a
public
thoroughfare
and
a
18
community
anaerobic
digester
system
shall
be
measured
from
19
that
portion
of
the
public
thoroughfare’s
right-of-way
that
is
20
closest
to
the
community
anaerobic
digester
system.
21
Sec.
9.
NEW
SECTION
.
458.109
Stockpiling
dry
digester
22
manure,
dry
digester
feedstock,
or
dry
digestate.
23
A
person
may
stockpile
dry
digester
manure,
dry
digester
24
feedstock,
or
dry
digestate,
so
long
as
the
person
stockpiles
25
the
dry
digester
manure,
dry
digester
feedstock,
or
dry
26
digestate
in
compliance
with
restrictions
applicable
to
27
stockpiling
as
provided
in
subchapter
III.
28
Sec.
10.
NEW
SECTION
.
458.111
Purpose.
29
The
purpose
of
this
chapter
is
to
promote
the
30
community-based
production
of
the
following:
31
1.
Biogas
as
a
renewable
organic
source
of
energy
with
low
32
carbon
emissions.
33
2.
A
digestate
as
a
rich
source
of
renewable
nutrients
for
34
application
on
land
for
on-farm
use
to
produce
this
state’s
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crops.
1
Sec.
11.
NEW
SECTION
.
458.112
Scope.
2
This
chapter
is
limited
to
regulating
the
following:
3
1.
The
off-farm
storage
or
processing
of
digester
manure
or
4
digester
feedstock
as
part
of
a
community
anaerobic
digester
5
system.
Digester
manure
or
digester
feedstock
shall
not
be
6
transferred
from
a
community
anaerobic
digester
system
except
7
under
the
terms
of
a
waiver
granted
by
the
department.
8
2.
The
storage
or
use
of
a
digestate
originating
from
a
9
community
anaerobic
digester
system.
10
Sec.
12.
NEW
SECTION
.
458.113
General
authority.
11
1.
The
department
shall
adopt
rules
as
necessary
to
12
administer
and
enforce
the
provisions
of
this
chapter.
13
2.
Any
provision
referring
generally
to
compliance
with
the
14
requirements
of
this
chapter
as
applied
to
community
anaerobic
15
digester
systems
includes
compliance
with
requirements
of
rules
16
adopted
by
the
department
pursuant
to
this
chapter,
orders
17
issued
by
the
department
as
authorized
under
this
chapter,
18
and
the
terms
and
conditions
applicable
to
permits
or
plans
19
required
in
this
chapter.
20
3.
If
there
is
a
conflict
between
a
provision
of
this
21
chapter
and
a
provision
regulating
a
community
anaerobic
22
digester
system
in
another
chapter,
the
provisions
of
this
23
chapter
shall
prevail.
24
4.
Rules
adopted
to
implement
this
subchapter
are
not
25
subject
to
section
17A.7,
subsection
2
or
3.
26
Sec.
13.
NEW
SECTION
.
458.114
Administration
——
forms
and
27
other
documents.
28
1.
The
department
shall
adopt
and
promulgate
forms
required
29
to
be
completed
in
order
to
comply
with
the
provisions
of
this
30
chapter.
31
2.
The
department
shall
provide
for
procedures
for
the
32
access,
receipt,
filing,
processing,
and
return
of
documents
33
described
in
this
chapter
in
an
electronic
format,
including
34
but
not
limited
to
the
transmission
of
documents
over
the
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internet.
The
department
shall
provide
for
authentication
1
of
the
documents
that
may
include
electronic
signatures
as
2
provided
in
chapter
554D.
3
3.
The
department
shall,
to
every
extent
feasible,
4
provide
for
the
processing
of
documents
required
under
the
5
provisions
of
this
chapter
using
electronic
systems,
including
6
programming,
necessary
to
ensure
the
completeness
and
accuracy
7
of
the
documents
in
accordance
with
the
requirements
of
this
8
chapter.
9
Sec.
14.
NEW
SECTION
.
458.201
Digester
manure
and
digester
10
feedstock
——
required
storage.
11
A
person
receiving
digester
manure
or
digester
feedstock
at
12
a
community
anaerobic
digester
system
must
store
the
digester
13
manure
or
digester
feedstock
as
follows:
14
1.
Liquid
digester
manure
or
liquid
digester
feedstock
must
15
be
stored
in
a
liquid
digester
storage
structure.
16
2.
Dry
digester
manure
must
be
stored
in
any
of
the
17
following:
18
a.
A
dry
digester
stockpile.
19
b.
A
liquid
digester
storage
structure.
20
3.
Dry
digester
feedstock
originating
on-farm
must
be
21
stored
in
any
of
the
following:
22
a.
A
dry
digester
stockpile.
23
b.
A
liquid
digester
storage
structure.
24
4.
Dry
digester
feedstock
originating
off-farm
must
be
25
stored
in
a
liquid
digester
storage
structure.
26
Sec.
15.
NEW
SECTION
.
458.202
Digestate
——
required
27
storage.
28
1.
A
person
processing
digester
manure
or
digester
29
feedstock
at
a
community
anaerobic
digester
system
must
store
30
the
digestate
as
follows:
31
a.
Liquid
digestate
must
be
stored
in
a
liquid
digestate
32
storage
structure.
33
b.
Dry
digestate
must
be
stored
in
any
of
the
following:
34
(1)
A
dry
digestate
feedstock
stockpile.
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(2)
A
liquid
digestate
storage
structure.
1
2.
A
person
removing
digestate
from
a
community
anaerobic
2
digester
system
must
store
the
digestate
in
a
manner
that
3
complies
with
section
459.311.
4
Sec.
16.
NEW
SECTION
.
458.211
Digester
structures
——
5
construction
permits
——
application
process.
6
1.
Except
as
provided
in
section
458.217,
a
construction
7
permit
must
be
issued
to
an
owner
of
an
existing
or
proposed
8
community
anaerobic
digester
system
prior
to
the
construction
9
of
a
digester
structure,
including
a
liquid
digester
storage
10
structure,
a
digester
processing
structure,
or
a
liquid
11
digestate
storage
structure,
as
provided
by
rules
adopted
by
12
the
department
pursuant
to
this
chapter.
The
department
may
13
adopt
rules
providing
separate
requirements
for
each
type
of
14
digester
structure,
including
a
liquid
digester
manure
storage
15
structure
and
a
liquid
digester
feedstock
storage
structure.
16
2.
The
department
shall
not
approve
an
application
for
17
a
permit
to
construct
or
expand
a
digester
structure
if
the
18
total
liquid
capacity
of
all
existing
and
proposed
digester
19
structures
would
exceed
one
million
five
hundred
thousand
20
gallons.
21
3.
The
department’s
decision
to
approve
a
permit
for
22
the
construction
of
a
digester
structure
shall
be
based
on
23
whether
the
application
is
submitted
according
to
procedures
24
required
by
the
department
and
the
application
meets
standards
25
established
by
this
subchapter
and
rules
adopted
by
the
26
department.
27
4.
Construction
of
a
digester
structure
shall
not
begin
28
until
the
department
first
approves
the
application
and
issues
29
a
construction
permit.
30
5.
The
department
shall
approve
an
application
for
a
31
construction
permit
regardless
of
whether
the
applicant
is
32
required
to
be
issued
a
construction
permit.
33
6.
Prior
to
submitting
an
application
for
a
construction
34
permit,
the
applicant
may
submit
a
conceptual
design
and
site
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investigation
report
to
the
department
for
review
and
comment.
1
7.
The
department
shall
approve
or
disapprove
an
2
application
for
a
construction
permit
within
sixty
days
after
3
receiving
the
permit
application.
However,
the
applicant
may
4
deliver
a
notice
requesting
a
continuance.
Upon
receipt
of
5
a
notice,
the
time
required
for
the
department
to
act
upon
6
the
application
shall
be
suspended
for
the
period
provided
7
in
the
notice,
but
for
not
more
than
thirty
days
after
the
8
department’s
receipt
of
the
notice.
The
applicant
may
submit
9
more
than
one
notice.
However,
the
department
may
provide
that
10
an
application
is
terminated
if
no
action
is
required
by
the
11
department
for
one
year
following
delivery
of
the
application
12
to
the
department.
The
department
may
also
provide
for
a
13
continuance
when
it
considers
the
application.
The
department
14
shall
provide
notice
to
the
applicant
of
the
continuance.
The
15
time
required
for
the
department
to
act
upon
the
application
16
shall
be
suspended
for
the
period
provided
in
the
notice,
but
17
for
not
more
than
thirty
days.
However,
the
department
shall
18
not
provide
for
more
than
one
continuance.
19
Sec.
17.
NEW
SECTION
.
458.212
Digester
structures
——
20
construction
permits
——
contents
of
application.
21
An
application
for
a
construction
permit
as
required
in
22
section
458.211
must
include
all
of
the
following
information:
23
1.
The
name
and
contact
information
of
the
owner
and
manager
24
of
the
anaerobic
digester
system.
25
2.
The
type
and
description
of
the
proposed
new
or
expanded
26
digester
structure,
whether
it
is
designed
as
a
liquid
digester
27
storage
structure,
including
a
liquid
digester
manure
storage
28
structure
or
liquid
digester
feedstock
storage
structure
or
29
both,
a
digester
processing
structure,
or
a
liquid
digestate
30
storage
structure.
31
3.
The
size
and
liquid
capacity
of
the
digester
structure.
32
4.
Whether
the
digester
structure
is
formed
or
unformed.
33
5.
Whether
the
digester
structure
is
to
be
constructed
on
34
land
that
is
any
of
the
following:
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a.
A
critical
public
area.
1
b.
A
designated
area.
2
c.
A
designated
wetland.
3
d.
Karst
terrain.
4
e.
In
a
one
hundred
year
floodplain.
5
6.
Information
including
but
not
limited
to
maps,
drawings,
6
and
aerial
photos
that
clearly
show
the
location
of
all
of
the
7
following:
8
a.
The
location
of
any
neighboring
proposed
or
existing
9
community
anaerobic
digester
system,
and
any
other
proposed
or
10
existing
digester
structures.
11
b.
The
location
of
any
animal
feeding
operation
structure
12
existing
in
proximity
to
the
construction
site.
13
c.
A
public
water
supply
system
as
defined
in
section
14
455B.171
or
a
drinking
water
well
which
is
located
within
a
15
distance
from
the
proposed
construction
site
as
prescribed
by
16
rules
adopted
by
the
department.
17
7.
An
engineering
report,
construction
plans,
and
18
specifications
prepared
by
a
professional
engineer.
The
19
professional
engineer
must
certify
that
the
construction
of
20
the
digester
structure
complies
with
the
construction
design
21
standards
required
in
this
subchapter.
22
8.
A
plan
for
maintaining
digester
records
for
inspection
by
23
the
department
as
required
in
section
458.324.
24
9.
Any
other
information
determined
relevant
by
the
25
department
as
provided
by
rules
adopted
by
the
department.
26
Sec.
18.
NEW
SECTION
.
458.213
Digester
structures
——
27
construction
permits
——
application
fee.
28
A
person
submitting
an
application
for
a
construction
permit
29
as
provided
in
section
458.211
must
submit
to
the
department
a
30
construction
permit
application
fee
as
part
of
the
application.
31
The
fee
shall
not
exceed
one
thousand
dollars.
Moneys
32
collected
by
the
department
from
the
payment
of
construction
33
permit
application
fees
shall
be
deposited
in
the
general
fund
34
of
the
state.
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Sec.
19.
NEW
SECTION
.
458.217
Digester
structures
——
1
construction
permits
——
exception.
2
A
person
is
not
required
to
be
issued
a
permit
to
construct
3
a
digester
structure
if
the
anaerobic
digester
system
is
owned
4
by
a
research
college
conducting
research
activities
involving
5
the
digestion
process,
including
associated
liquid
digester
6
manure
storage
or
stockpiling,
digester
feedstock
storage
7
or
stockpiling,
digestate
storage,
or
the
application
of
a
8
digestate.
9
Sec.
20.
NEW
SECTION
.
458.221
General
construction
design
10
standards
——
formed
liquid
digester
structures.
11
1.
The
department
shall
adopt
rules
establishing
12
construction
design
standards
for
a
formed
digester
structure,
13
including
a
formed
liquid
digester
storage
structure,
a
14
formed
digester
processing
structure,
and
a
formed
liquid
15
digestate
storage
structure.
The
department
may
adopt
rules
16
providing
separate
regulations
for
each
type
of
formed
digester
17
structure,
including
a
formed
liquid
digester
manure
storage
18
structure
and
a
formed
liquid
digester
feedstock
storage
19
structure.
20
2.
The
construction
design
standards
shall
be
based,
to
21
every
extent
possible,
upon
uniform
standards
such
as
available
22
standards
promulgated
by
ASTM
(American
society
for
testing
and
23
materials)
international.
24
3.
The
construction
design
standards
for
concrete
must
25
provide
for
all
of
the
following:
26
a.
The
concrete’s
minimum
compressive
strength
calculated
on
27
a
pounds-per-square-inch
basis.
28
b.
The
use
of
reinforcement,
including
but
not
limited
to
29
the
grade,
amount,
and
location
of
steel
rebar,
fiberglass,
or
30
similar
materials
set
in
the
concrete,
or
the
use
of
exterior
31
braces
to
support
joints.
32
c.
The
depth
of
footings.
33
d.
The
thickness
of
the
footings,
the
floor,
and
walls.
34
Sec.
21.
NEW
SECTION
.
458.222
Special
construction
35
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987
restrictions
——
formed
digester
structures.
1
The
department
shall
adopt
rules
providing
for
upgraded
2
construction
design
standards
for
a
formed
digester
structure
3
constructed
on
karst
terrain
or
an
area
that
drains
into
a
4
known
sinkhole
as
is
necessary
to
ensure
that
a
formed
digester
5
structure
does
not
pollute
groundwater
sources.
6
Sec.
22.
NEW
SECTION
.
458.225
General
construction
design
7
standards
——
unformed
digester
structures
——
inspections.
8
1.
The
department
shall
adopt
rules
establishing
9
construction
design
standards
for
an
unformed
digester
10
structure,
including
an
unformed
liquid
digester
storage
11
structure,
an
unformed
digester
processing
structure,
and
an
12
unformed
liquid
digestate
storage
structure.
The
department
13
may
adopt
rules
providing
separate
regulations
for
each
type
14
of
formed
digester
structure,
including
an
unformed
liquid
15
digester
manure
storage
structure
and
an
unformed
liquid
16
digester
feedstock
storage
structure.
17
2.
The
construction
design
standards
for
an
unformed
18
digester
structure,
established
by
rules
adopted
by
the
19
department,
must
account
for
special
design
characteristics
20
applicable
to
an
unformed
digester
storage
structure,
an
21
unformed
digester
processing
structure,
or
an
unformed
liquid
22
digestate
storage
structure.
The
construction
design
standards
23
must
account
for
all
of
the
following:
24
a.
The
lining
of
the
unformed
digester
structure
must
be
25
constructed
with
materials
deemed
suitable
by
rules
adopted
by
26
the
department
in
order
to
minimize
liquid
seepage
loss
through
27
the
lining’s
seal.
28
b.
The
structure
must
be
constructed
with
materials
deemed
29
suitable
by
rules
adopted
by
the
department
in
order
to
control
30
erosion
on
the
unformed
digester
structure’s
berm,
side
slopes,
31
and
base.
32
c.
The
unformed
digester
structure
must
be
constructed
33
to
minimize
the
seepage
of
a
liquid
into
near-surface
water
34
sources.
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d.
The
top
of
the
floor
of
the
unformed
digester
structure’s
1
liner
must
be
above
the
groundwater
table
as
determined
by
2
the
department.
If
the
groundwater
table
is
less
than
two
3
feet
below
the
top
of
the
liner’s
floor,
the
unformed
digester
4
structure
must
be
installed
with
a
synthetic
liner.
If
the
5
department
allows
an
unformed
digester
structure
to
be
located
6
at
a
site
by
permanently
lowering
the
groundwater
table,
7
the
department
shall
confirm
that
the
proposed
system
meets
8
standards
necessary
to
ensure
that
the
unformed
digester
9
structure
does
not
pollute
groundwater
sources.
If
the
10
department
allows
drain
tile
installed
to
lower
a
groundwater
11
table
to
remain
where
located,
the
department
shall
require
12
that
a
device
be
installed
to
allow
monitoring
of
the
water
in
13
the
drain
tile
line.
The
department
shall
also
require
the
14
installation
of
a
device
to
allow
shutoff
of
the
drain
tile
15
lines,
if
the
drain
tile
lines
do
not
have
a
surface
outlet
16
accessible
on
the
property
where
the
digester
structure
is
17
located.
18
3.
a.
The
department
shall
conduct
a
routine
inspection
19
of
each
unformed
digester
structure
at
least
once
each
year.
20
A
routine
inspection
conducted
pursuant
to
this
subsection
21
shall
be
limited
to
a
visual
inspection
of
the
site
where
the
22
unformed
digester
structure
is
located.
The
department
shall
23
inspect
the
site
at
a
reasonable
time
after
providing
at
least
24
twenty-four
hours’
notice
to
the
person
owning
or
managing
the
25
anaerobic
digester
system.
The
visual
inspection
must
include
26
but
is
not
limited
to
determining
whether
any
of
the
following
27
exist:
28
(1)
An
adequate
freeboard
level.
29
(2)
The
seepage
of
a
liquid
from
the
unformed
digester
30
structure.
31
(3)
Erosion.
32
(4)
Inadequate
cover.
33
(5)
The
presence
of
an
opening
allowing
liquid
to
drain
from
34
the
unformed
digester
structure.
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987
b.
Paragraph
“a”
does
not
restrict
the
department
from
1
conducting
an
inspection
of
an
anaerobic
digester
system
which
2
is
not
routine.
3
Sec.
23.
NEW
SECTION
.
458.226
Special
construction
4
restrictions
——
unformed
digester
structures.
5
1.
Except
as
provided
in
subsection
2,
a
person
shall
not
6
construct
an
unformed
digester
structure
on
karst
terrain.
7
2.
A
person
may
construct
an
unformed
digester
structure
8
on
karst
terrain
if
there
is
a
twenty-five-foot
vertical
9
separation
distance
between
the
bottom
of
the
unformed
digester
10
structure
and
underlying
limestone,
dolomite,
or
other
soluble
11
rock.
12
Sec.
24.
NEW
SECTION
.
458.227
Restrictions
——
unformed
13
digester
structures.
14
1.
A
person
shall
not
construct
an
unformed
digester
15
structure
in
an
area
that
drains
into
a
known
sinkhole.
16
2.
A
person
shall
not
construct
or
expand
an
unformed
liquid
17
digester
structure
within
an
agricultural
drainage
well
area
18
as
provided
in
section
460.205.
19
Sec.
25.
NEW
SECTION
.
458.301
Minimum
air
quality
20
separation
distance
requirements
——
digester
structures.
21
1.
Except
as
provided
in
section
458.302,
a
person
shall
22
not
construct
or
expand
a
digester
structure
if
the
digester
23
structure
is
located
within
two
thousand
five
hundred
feet
from
24
any
of
the
following:
25
a.
A
residence
not
owned
by
the
owner
of
the
community
26
anaerobic
digester
system.
27
b.
A
designated
object
or
location.
28
2.
Except
as
provided
in
section
458.302,
a
person
shall
29
not
construct
or
expand
a
digester
structure
if
the
digester
30
structure
is
within
one
hundred
feet
of
a
public
thoroughfare.
31
Sec.
26.
NEW
SECTION
.
458.302
Air
quality
separation
32
distance
requirements
——
digester
structures
——
exemptions.
33
A
separation
distance
requirement
provided
in
section
34
458.301
does
not
apply
to
any
of
the
following:
35
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987
1.
a.
A
digester
structure
that
is
constructed
or
1
expanded,
if
the
titleholder
of
the
land
benefiting
from
the
2
separation
distance
requirement
executes
a
written
waiver
with
3
the
titleholder
of
the
land
where
the
digester
structure
is
4
located.
If
a
digester
structure
is
constructed
or
expanded
5
within
the
separation
distance
required
between
a
digester
6
structure
and
a
public
thoroughfare,
the
state
or
a
political
7
subdivision
constructing
or
maintaining
the
public
thoroughfare
8
benefiting
from
the
distance
separation
requirement
may
execute
9
a
written
waiver
with
the
titleholder
of
the
land
where
the
10
digester
structure
is
located.
The
digester
structure
shall
be
11
constructed
or
expanded
under
such
terms
and
conditions
that
12
the
parties
negotiate.
13
b.
A
written
waiver
under
this
subsection
becomes
effective
14
only
upon
the
recording
of
the
waiver
in
the
office
of
the
15
recorder
of
deeds
of
the
county
in
which
the
benefited
land
16
is
located.
The
filed
waiver
shall
preclude
enforcement
by
17
the
state
of
this
part
as
it
relates
to
a
separation
distance
18
requirement
between
the
digester
structure
and
the
location
or
19
object
benefiting
from
the
separation
distance
requirement.
20
2.
a.
A
digester
structure
that
is
constructed
or
expanded
21
within
any
distance
from
a
residence
or
a
designated
object
or
22
location,
if
the
residence
or
designated
object
or
location
23
was
constructed
or
expanded
after
the
date
that
the
community
24
anaerobic
digester
system
was
established.
25
b.
The
date
that
a
community
anaerobic
digester
system
26
is
established
is
the
date
on
which
the
community
anaerobic
27
digester
system
commenced
operating.
A
change
in
ownership
or
28
expansion
of
the
community
anaerobic
digester
system
does
not
29
change
the
established
date
of
the
community
anaerobic
digester
30
system.
31
Sec.
27.
NEW
SECTION
.
458.303
Minimum
air
quality
32
separation
distance
requirements
——
stockpiling
dry
digester
33
manure,
dry
digester
feedstock,
or
dry
digestate.
34
1.
Except
as
provided
in
subsection
2,
a
person
shall
not
35
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987
stockpile
dry
digester
manure,
dry
digester
feedstock,
or
dry
1
digestate
on
land
that
is
located
within
one
thousand
two
2
hundred
fifty
feet
of
any
of
the
following:
3
a.
A
residence
not
owned
by
the
titleholder
of
the
land.
4
b.
A
designated
object
or
location.
5
2.
A
person
may
stockpile
dry
digester
manure
within
a
6
separation
distance
required
in
subsection
1
if
the
titleholder
7
of
the
land
benefiting
from
the
separation
distance
requirement
8
executes
a
written
waiver
with
the
titleholder
of
the
land
9
where
the
stockpile
is
located.
10
Sec.
28.
NEW
SECTION
.
458.304
Minimum
air
quality
11
separation
distance
requirements
——
application
of
liquid
12
digestate.
13
1.
Except
as
provided
in
subsection
2,
a
person
shall
not
14
apply
liquid
digestate
on
land
located
within
seven
hundred
15
fifty
feet
of
any
of
the
following:
16
a.
A
residence
not
owned
by
the
titleholder
of
the
land.
17
b.
A
designated
object
or
location.
18
2.
A
person
may
apply
liquid
digestate
on
land
within
a
19
separation
distance
required
in
subsection
1
if
any
of
the
20
following
apply:
21
a.
The
liquid
digestate
is
injected
into
the
soil
or
22
incorporated
within
the
soil
not
later
than
twenty-four
hours
23
from
the
original
application,
as
provided
by
rules
adopted
by
24
the
department.
25
b.
The
titleholder
of
the
land
benefiting
from
the
26
separation
distance
requirement
executes
a
written
waiver
with
27
the
titleholder
of
the
land
where
the
liquid
digestate
is
28
applied.
29
c.
The
liquid
digestate
is
applied
by
spray
irrigation
30
equipment
using
a
center
pivot
mechanism
as
provided
by
rules
31
adopted
by
the
department,
if
all
of
the
following
apply:
32
(1)
The
spray
irrigation
equipment
uses
hoses
which
apply
33
the
liquid
digestate
in
a
downward
direction
at
a
height
of
not
34
more
than
nine
feet
above
the
soil.
35
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987
(2)
The
spray
irrigation
equipment
disperses
liquid
1
digestate
through
an
orifice
at
a
maximum
pressure
of
not
more
2
than
twenty-five
pounds
per
square
inch.
3
(3)
The
liquid
digestate
is
not
applied
within
two
hundred
4
fifty
feet
from
a
residence
not
owned
by
the
titleholder
of
the
5
land,
or
designated
object
or
location.
6
Sec.
29.
NEW
SECTION
.
458.311
Water
quality
——
minimum
7
requirements
for
digester
manure
control.
8
The
delivery
of
digester
manure
by
an
animal
feeding
9
operation
for
processing
by
an
anaerobic
digester
system
in
a
10
manner
that
complies
with
this
part
constitutes
manure
disposal
11
satisfying
the
requirements
of
section
459.311.
12
Sec.
30.
NEW
SECTION
.
458.312
Water
quality
——
duty
of
13
removal.
14
The
owner
of
a
digester
structure
that
is
part
of
an
15
anaerobic
digester
system
that
discontinues
use
shall
remove
16
all
material
from
the
digester
structure
within
six
months
17
following
the
date
that
the
anaerobic
digester
system
is
18
discontinued.
19
Sec.
31.
NEW
SECTION
.
458.313
Water
quality
——
20
restrictions.
21
1.
A
person
shall
not
construct
or
expand
an
unformed
22
digester
structure
within
an
agricultural
drainage
well
area
23
as
provided
in
section
460.205.
24
2.
A
person
shall
not
construct
a
digester
structure
on
land
25
that
is
part
of
a
one
hundred
year
floodplain
as
designated
by
26
rules
adopted
by
the
department.
27
Sec.
32.
NEW
SECTION
.
458.315
Water
quality
——
separation
28
distance
requirements
——
digester
structures.
29
1.
Except
as
provided
in
subsection
2,
all
of
the
following
30
apply:
31
a.
A
person
shall
not
construct
or
expand
a
digester
32
structure
closer
than
five
hundred
feet
away
from
the
surface
33
intake
of
an
agricultural
drainage
well.
A
digester
structure
34
shall
not
be
constructed
closer
than
one
thousand
feet
from
a
35
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36
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987
wellhead,
cistern
of
an
agricultural
drainage
well,
or
known
1
sinkhole.
However,
the
department
may
adopt
rules
requiring
an
2
increased
separation
distance
under
this
paragraph
in
order
to
3
protect
the
integrity
of
a
water
of
the
state.
The
increased
4
separation
distance
shall
not
be
more
than
two
thousand
feet.
5
If
the
department
exercises
its
discretion
to
increase
the
6
separation
distance
requirement,
the
department
shall
not
7
approve
an
application
for
a
permit
under
subchapter
II
to
8
construct
a
digester
structure
within
that
separation
distance.
9
b.
A
digester
structure
shall
not
be
constructed
if
the
10
digester
structure
as
constructed
is
closer
than
any
of
the
11
following:
12
(1)
Five
hundred
feet
away
from
a
water
source
other
than
a
13
major
water
source.
14
(2)
One
thousand
feet
away
from
a
major
water
source.
15
(3)
Two
thousand
five
hundred
feet
away
from
a
designated
16
wetland.
17
c.
(1)
A
water
source,
other
than
a
major
water
source,
18
shall
not
be
constructed,
expanded,
or
diverted,
if
the
water
19
source
as
constructed,
expanded,
or
diverted
is
closer
than
20
five
hundred
feet
away
from
a
community
anaerobic
digester
21
system.
22
(2)
A
major
water
source
shall
not
be
constructed,
expanded,
23
or
diverted
if
the
major
water
source
as
constructed,
expanded,
24
or
diverted
is
closer
than
one
thousand
feet
from
a
digester
25
structure.
26
(3)
A
designated
wetland
shall
not
be
established,
if
the
27
designated
wetland
is
closer
than
two
thousand
five
hundred
28
feet
away
from
a
digester
structure.
29
2.
A
separation
distance
required
in
subsection
1
does
not
30
apply
to
any
of
the
following:
31
a.
A
farm
pond
or
privately
owned
lake,
as
those
terms
are
32
defined
in
section
462A.2.
33
b.
A
digester
structure
with
a
secondary
containment
34
barrier.
The
department
shall
adopt
rules
providing
for
the
35
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construction
and
use
of
a
secondary
containment
barrier,
1
including
construction
design
standards.
2
Sec.
33.
NEW
SECTION
.
458.316
Water
quality
——
general
3
requirements
for
stockpiling
dry
digester
manure,
dry
digester
4
feedstock,
or
dry
digestate.
5
1.
A
person
stockpiling
dry
manure,
dry
digester
feedstock,
6
or
dry
digestate
shall
comply
with
applicable
requirements
of
7
the
national
pollutant
discharge
elimination
system
pursuant
to
8
the
federal
Water
Pollution
Control
Act.
9
2.
A
person
shall
remove
stockpiled
dry
manure,
dry
digester
10
feedstock,
or
dry
digestate
within
six
months
after
the
dry
11
manure,
dry
digester
feedstock,
or
dry
digestate
is
stockpiled.
12
Sec.
34.
NEW
SECTION
.
458.317
Water
quality
——
separation
13
distances
for
stockpiling
dry
digester
manure,
dry
digester
14
feedstock,
or
dry
digestate.
15
1.
a.
Except
as
provided
in
paragraph
“b”
,
a
person
shall
16
not
stockpile
dry
digester
manure,
dry
digester
feedstock,
17
or
dry
digestate
closer
than
the
following
distances
to
a
18
designated
area:
19
(1)
Four
hundred
feet
from
a
designated
area
other
than
a
20
high-quality
water
resource.
21
(2)
Eight
hundred
feet
from
a
high-quality
water
resource.
22
b.
A
person
may
apply
dry
digester
manure,
dry
digester
23
feedstock,
or
dry
digestate
that
is
maintained
in
a
manner
that
24
will
not
allow
precipitation-induced
runoff
to
drain
from
the
25
dry
digestate
to
the
designated
area.
26
2.
a.
Except
as
provided
in
paragraph
“b”
,
a
person
shall
27
not
stockpile
dry
digester
manure,
dry
digester
feedstock,
or
28
dry
digestate
within
two
hundred
feet
from
a
terrace
tile
inlet
29
or
surface
tile
inlet.
30
b.
A
person
may
apply
dry
digester
manure,
dry
digester
31
feedstock,
or
dry
digestate
that
is
maintained
in
a
manner
that
32
will
not
allow
precipitation-induced
runoff
to
drain
from
the
33
dry
digestate
to
the
terrace
tile
inlet
or
surface
tile
inlet.
34
3.
A
person
shall
not
stockpile
dry
digester
manure,
dry
35
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digester
feedstock,
or
dry
digestate
in
a
grassed
waterway,
1
where
water
pools
on
the
soil
surface,
or
in
any
location
where
2
surface
water
will
enter
the
stockpiled
dry
digester
manure,
3
dry
digester
feedstock,
or
dry
digestate.
4
4.
a.
Except
as
provided
in
paragraph
“b”
,
a
person
shall
5
not
stockpile
dry
digester
manure,
dry
digester
feedstock,
6
or
dry
digestate
on
land
having
a
slope
of
more
than
three
7
percent.
8
b.
A
person
may
stockpile
dry
digester
manure,
dry
digester
9
feedstock,
or
dry
digestate
on
land
having
a
slope
described
10
in
paragraph
“a”
if
the
person
uses
methods,
structures,
or
11
practices
implemented
to
contain
the
stockpiled
dry
digester
12
manure,
dry
digester
feedstock,
or
dry
digestate,
including
but
13
not
limited
to
using
hay
bales,
silt
fences,
temporary
earthen
14
berms,
or
other
effective
measures,
and
to
prevent
or
diminish
15
precipitation-induced
runoff
from
the
stockpiled
dry
digester
16
manure,
dry
digester
feedstock,
or
dry
digestate.
17
Sec.
35.
NEW
SECTION
.
458.318
Water
quality
——
special
18
requirements
for
stockpiling
dry
digester
manure,
dry
digester
19
feedstock,
or
dry
digestate
on
karst
terrain
or
in
alluvial
20
aquifer.
21
A
person
may
stockpile
dry
digester
manure,
dry
digester
22
feedstock,
or
dry
digestate
on
karst
terrain
or
in
an
alluvial
23
aquifer
in
compliance
with
all
of
the
following:
24
1.
The
person
must
stockpile
the
dry
digester
manure,
dry
25
digester
feedstock,
or
dry
digestate
at
a
location
where
there
26
is
a
vertical
separation
distance
of
at
least
five
feet
between
27
the
bottom
of
the
stockpiled
dry
digester
manure,
dry
digester
28
feedstock,
or
dry
digestate
and
the
underlying
limestone,
29
dolomite,
or
other
soluble
rock
in
karst
terrain
or
the
30
underlying
sand
and
gravel
aquifer
in
an
alluvial
aquifer
area.
31
2.
The
dry
digestate
must
be
stockpiled
on
reinforced
32
concrete
at
least
five
inches
thick.
33
Sec.
36.
NEW
SECTION
.
458.321
Water
quality
——
applying
34
digester
manure
or
digester
feedstock.
35
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1.
Except
as
provided
in
subsection
2,
a
person
shall
not
1
apply
digester
manure
or
digester
feedstock
on
land
that
is
2
on-farm
or
off-farm.
3
2.
A
person
may
apply
digester
manure
or
digester
feedstock
4
on-farm
or
off-farm
according
to
the
terms
of
a
waiver
issued
5
by
the
department.
6
Sec.
37.
NEW
SECTION
.
458.322
Water
quality
——
applying
7
digestate
on
snow
covered
or
frozen
ground.
8
A
person
may
apply
digestate
on
snow
covered
or
frozen
9
ground
except
to
the
extent
otherwise
provided
by
applicable
10
requirements
for
digester
manure
in
this
chapter,
section
11
459.313A,
or
the
national
pollutant
discharge
elimination
12
system
pursuant
to
the
federal
Water
Pollution
Control
Act.
13
Sec.
38.
NEW
SECTION
.
458.323
Digestate
management
14
supplement.
15
If
digestate
is
applied
on
land
subject
to
a
manure
16
management
plan
or
a
nutrient
management
plan,
the
manure
17
management
plan
or
nutrient
management
plan
must
be
attached
18
with
a
digestate
management
supplement.
The
digestate
19
management
supplement
must
include
all
of
the
following:
20
1.
Calculations
necessary
to
determine
the
land
area
21
required
for
the
application
of
the
digestate
and
manure
from
a
22
confinement
feeding
operation
or
effluent
from
an
open
feedlot
23
operation.
24
2.
The
nutrient
concentrations
of
the
digestate.
25
Sec.
39.
NEW
SECTION
.
458.324
Records.
26
1.
The
owner
or
manager
of
a
community
anaerobic
digester
27
system
must
maintain
and
update
digester
management
records
28
regarding
operations
of
a
community
anaerobic
digester
system.
29
2.
The
digester
management
records
must
include
information
30
required
by
the
department
which
may
include
the
following:
31
a.
The
digester
manure,
digester
feedstock,
and
inorganic
32
materials
subject
to
processing.
33
b.
The
location
of
dry
digester
manure
stockpiles,
dry
34
digester
feedstock
stockpiles,
and
dry
digestate
stockpiles
35
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located
on
the
community
anaerobic
digester
system.
1
c.
The
types
of
digester
feedstock
used.
2
d.
The
types
of
biogas
processed,
the
storage
of
biogas,
and
3
method
of
transporting
the
biogas.
4
e.
An
estimate
of
the
volume
or
weight
capacity
of
digester
5
manure
or
digester
feedstock
stored
and
processed.
6
f.
On-farm
or
off-farm
use
of
the
digestate,
including
7
the
manure
management
plan
or
nutrient
management
plan
that
8
includes
a
digestate
management
supplement
as
required
in
9
section
458.323.
10
3.
The
department
shall
adopt
rules
for
the
inspection
of
11
digester
management
records
during
normal
business
hours.
12
4.
Chapter
22
does
not
apply
to
digester
management
records,
13
which
shall
be
kept
confidential
by
the
department
and
its
14
agents
and
employees.
The
contents
of
the
records
are
not
15
subject
to
disclosure
except
as
follows:
16
a.
Upon
waiver
by
the
person
owning
or
managing
the
17
community
anaerobic
digester
system.
18
b.
In
an
action
or
administrative
proceeding
commenced
under
19
this
chapter.
Any
hearing
related
to
the
action
or
proceeding
20
shall
be
closed.
21
c.
When
required
by
subpoena
or
court
order.
22
Sec.
40.
NEW
SECTION
.
458.401
General.
23
The
department
and
the
attorney
general
shall
enforce
the
24
provisions
of
this
chapter
in
the
same
manner
as
provided
in
25
chapter
455B,
subchapter
I,
unless
otherwise
provided
in
this
26
chapter.
27
Sec.
41.
NEW
SECTION
.
458.402
Violations
——
civil
penalty.
28
1.
A
person
who
violates
a
provision
in
subchapter
III,
part
29
1,
shall
be
subject
to
the
same
penalty
as
provided
in
section
30
459.602,
and
a
person
who
violates
any
other
provision
of
this
31
chapter
shall
be
subject
to
the
same
penalty
as
provided
in
32
section
459.603.
33
2.
Any
collected
civil
penalty
and
interest
on
a
civil
34
penalty
shall
be
credited
to
the
Iowa
nutrient
research
fund
35
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987
created
in
section
466B.46.
1
Sec.
42.
CODE
EDITOR
DIRECTIVE.
2
1.
The
Code
editor
is
directed
to
create
subchapters
and
3
parts
in
chapter
458
as
follows:
4
a.
Subchapter
I
shall
include
sections
458.101
through
5
458.200.
6
(1)
Part
1
shall
include
sections
458.101
through
458.110.
7
(2)
Part
2
shall
include
sections
458.111
through
458.200.
8
b.
Subchapter
II
shall
include
sections
458.201
through
9
458.300.
10
(1)
Part
1
shall
include
sections
458.201
through
458.210.
11
(2)
Part
2
shall
include
sections
458.211
through
458.220.
12
(3)
Part
3
shall
include
sections
458.221
through
458.300.
13
c.
Subchapter
III
shall
include
sections
458.301
through
14
458.400.
15
(1)
Part
1
shall
include
sections
458.301
through
458.310.
16
(2)
Part
2
shall
include
sections
458.311
through
458.400.
17
d.
Subchapter
IV
shall
include
sections
458.401
and
18
458.402.
19
2.
The
Code
editor
is
directed
to
correct
internal
20
references
in
the
Code
and
in
any
enacted
legislation
as
21
necessary
due
to
enactment
of
this
section.
22
DIVISION
II
23
COORDINATING
PROVISIONS
24
Sec.
43.
Section
455A.4,
subsection
1,
paragraph
b,
Code
25
2025,
is
amended
to
read
as
follows:
26
b.
Provide
overall
supervision,
direction,
and
coordination
27
of
functions
to
be
administered
by
the
administrators
under
28
chapters
321G
,
321I
,
455B
,
455C
,
456A
,
456B
,
457A
,
458,
458A
,
29
459
,
459A
,
459B
,
461A
,
462A
,
462B
,
464A
,
465C
,
473
,
481A
,
481B
,
30
483A
,
484A
,
and
484B
.
31
Sec.
44.
Section
455B.103,
subsection
4,
unnumbered
32
paragraph
1,
Code
2025,
is
amended
to
read
as
follows:
33
Conduct
investigations
of
complaints
received
directly
34
or
referred
by
the
commission
created
in
section
455A.6
or
35
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987
other
investigations
deemed
necessary.
While
conducting
an
1
investigation,
the
director
may
enter
at
any
reasonable
time
2
in
and
upon
any
private
or
public
property
to
investigate
3
any
actual
or
possible
violation
of
this
chapter
,
chapter
4
458,
chapter
459
,
chapter
459A
,
chapter
459B
,
or
the
rules
or
5
standards
adopted
under
this
chapter
,
chapter
458,
chapter
459
,
6
chapter
459A
,
or
chapter
459B
.
However,
the
owner
or
person
in
7
charge
shall
be
notified.
8
Sec.
45.
Section
455B.112,
Code
2025,
is
amended
to
read
as
9
follows:
10
455B.112
Actions
by
attorney
general.
11
In
addition
to
the
duty
to
commence
legal
proceedings
at
12
the
request
of
the
director
or
commission
under
this
chapter
;
13
chapter
458;
chapter
459,
subchapters
I
,
II
,
III
,
IV
,
and
14
VI
;
chapter
459A
;
or
chapter
459B
,
the
attorney
general
may
15
institute
civil
or
criminal
proceedings,
including
an
action
16
for
injunction,
to
enforce
the
provisions
of
this
chapter
;
17
chapter
458;
chapter
459,
subchapters
I
,
II
,
III
,
IV
,
and
VI
;
18
chapter
459A
;
or
chapter
459B
,
including
orders
or
permits
19
issued
or
rules
adopted
under
this
chapter
;
chapter
458;
20
chapter
459,
subchapters
I
,
II
,
III
,
IV
,
and
VI
;
chapter
459A
;
21
or
chapter
459B
.
22
Sec.
46.
Section
455B.113,
subsection
1,
Code
2025,
is
23
amended
to
read
as
follows:
24
1.
The
director
shall
certify
laboratories
which
perform
25
laboratory
analyses
of
samples
required
to
be
submitted
by
26
the
department
by
this
chapter
;
chapter
458;
chapter
459,
27
subchapters
I
,
II
,
III
,
IV
,
and
VI
;
or
chapter
459A
,
or
by
28
rules
adopted
in
accordance
with
this
chapter
;
chapter
458;
29
chapter
459,
subchapters
I
,
II
,
III
,
IV
,
and
VI
;
or
chapter
30
459A
,
or
by
permits
or
orders
issued
under
this
chapter
;
31
chapter
458;
chapter
459,
subchapters
I
,
II
,
III
,
IV
,
and
VI
;
32
or
chapter
459A
.
33
Sec.
47.
Section
455B.115,
Code
2025,
is
amended
to
read
as
34
follows:
35
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455B.115
Analysis
by
certified
laboratory
required.
1
Laboratory
analysis
of
samples
as
required
by
this
chapter
;
2
chapter
458;
chapter
459,
subchapters
I
,
II
,
III
,
IV
,
and
3
VI
;
or
chapter
459A
;
or
by
rules
adopted,
or
by
permits
or
4
orders
issued
pursuant
to
this
chapter
;
chapter
458;
chapter
5
459,
subchapters
I
,
II
,
III
,
IV
,
and
VI
;
or
chapter
459A
shall
6
be
conducted
by
a
laboratory
certified
by
the
director
as
7
having
the
necessary
competence,
equipment,
and
capabilities
to
8
perform
the
analysis.
Analytical
results
from
laboratories
not
9
certificated
shall
not
be
accepted
by
the
director.
10
Sec.
48.
Section
455B.174,
subsections
1
and
3,
Code
2025,
11
are
amended
to
read
as
follows:
12
1.
Conduct
investigations
of
alleged
water
pollution
or
of
13
alleged
violations
of
this
part
1
of
subchapter
III
,
;
chapter
14
458;
chapter
459,
subchapter
III
,
;
chapter
459A
,
;
or
chapter
15
459B
,
;
or
any
rule
adopted
or
any
permit
issued
pursuant
to
16
this
part
1
of
subchapter
III
,
;
chapter
458;
chapter
459,
17
subchapter
III
,
;
chapter
459A
,
;
or
chapter
459B
,
;
upon
written
18
request
of
any
state
agency,
political
subdivision,
local
board
19
of
health,
twenty-five
residents
of
the
state,
as
directed
20
by
the
department,
or
as
may
be
necessary
to
accomplish
the
21
purposes
of
this
part
1
of
subchapter
III
,
;
chapter
458;
22
chapter
459,
subchapter
III
,
;
chapter
459A
,
;
or
chapter
459B
.
23
3.
Take
any
action
or
actions
allowed
by
law
which,
in
24
the
director’s
judgment,
are
necessary
to
enforce
or
secure
25
compliance
with
the
provisions
of
this
part
1
of
subchapter
III
26
or
;
chapter
458;
chapter
459,
subchapter
III
,
;
or
of
any
rule
27
or
standard
established
or
permit
issued
pursuant
to
this
part
28
1
of
subchapter
III
or
;
chapter
458;
or
chapter
459,
subchapter
29
III
.
30
Sec.
49.
Section
455B.175,
subsection
1,
unnumbered
31
paragraph
1,
Code
2025,
is
amended
to
read
as
follows:
32
If
there
is
substantial
evidence
that
any
person
has
33
violated
or
is
violating
any
provision
of,
or
any
rule
or
34
standard
established
or
permit
issued
pursuant
to,
this
part
1
35
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of
subchapter
III
,
;
chapter
458;
chapter
459,
subchapter
III
,
;
1
chapter
459A
,
;
or
chapter
459B
,
;
then
one
of
the
following
may
2
apply:
3
Sec.
50.
Section
455B.182,
Code
2025,
is
amended
to
read
as
4
follows:
5
455B.182
Failure
constitutes
contempt.
6
Failure
to
obey
any
order
issued
by
the
department
with
7
reference
to
a
violation
of
this
part
1
of
subchapter
III
;
8
chapter
458;
chapter
459,
subchapter
III
;
chapter
459A
;
chapter
9
459B
;
or
any
rule
promulgated
or
permit
issued
pursuant
thereto
10
shall
constitute
prima
facie
evidence
of
contempt.
In
such
11
event
the
department
may
certify
to
the
district
court
of
the
12
county
in
which
such
alleged
disobedience
occurred
the
fact
of
13
such
failure.
The
district
court
after
notice,
as
prescribed
14
by
the
court,
to
the
parties
in
interest
shall
then
proceed
to
15
hear
the
matter
and
if
it
finds
that
the
order
was
lawful
and
16
reasonable,
it
shall
order
the
party
to
comply
with
the
order.
17
If
the
person
fails
to
comply
with
the
court
order,
that
person
18
shall
be
guilty
of
contempt
and
shall
be
fined
not
to
exceed
19
five
hundred
dollars
for
each
day
that
the
person
fails
to
20
comply
with
the
court
order.
The
penalties
provided
in
this
21
section
shall
be
considered
as
additional
to
any
penalty
which
22
may
be
imposed
under
the
law
relative
to
nuisances
or
any
other
23
statute
relating
to
the
pollution
of
any
waters
of
the
state
or
24
related
to
public
water
supply
systems
and
a
conviction
under
25
this
section
shall
not
be
a
bar
to
prosecution
under
any
other
26
penal
statute.
27
Sec.
51.
Section
455B.185,
Code
2025,
is
amended
to
read
as
28
follows:
29
455B.185
Data
from
departments.
30
The
commission
and
the
director
may
request
and
receive
31
from
any
department,
division,
board,
bureau,
commission,
32
public
body,
or
agency
of
the
state,
or
of
any
political
33
subdivision
thereof,
or
from
any
organization,
incorporated
or
34
unincorporated,
which
has
for
its
object
the
control
or
use
of
35
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any
of
the
water
resources
of
the
state,
such
assistance
and
1
data
as
will
enable
the
commission
or
the
director
to
properly
2
carry
out
their
activities
and
effectuate
the
purposes
of
this
3
part
1
of
subchapter
III
;
chapter
458;
chapter
459,
subchapter
4
III
;
chapter
459A
;
or
chapter
459B
.
The
department
shall
5
reimburse
such
agencies
for
special
expense
resulting
from
6
expenditures
not
normally
a
part
of
the
operating
expenses
of
7
any
such
agency.
8
Sec.
52.
NEW
SECTION
.
459.104
Digestates.
9
This
chapter
does
not
apply
to
digestate
processed
at
a
10
community
anaerobic
digester
system
as
regulated
in
chapter
11
458,
unless
the
digestate
is
combined
with
manure.
12
Sec.
53.
NEW
SECTION
.
459.312B
Digestate
management
13
supplement
attached
to
nutrient
management
plan.
14
If
digestate
is
applied
on
land
subject
to
a
manure
15
management
plan
pursuant
to
section
459.312,
the
manure
16
management
plan
must
be
attached
with
a
digestate
management
17
supplement
as
provided
in
section
458.323.
18
Sec.
54.
NEW
SECTION
.
459A.106
Digestates.
19
This
chapter
does
not
apply
to
digestate
processed
at
a
20
community
anaerobic
digester
system
as
regulated
in
chapter
458
21
unless
the
digestate
is
combined
with
effluent.
22
Sec.
55.
NEW
SECTION
.
459A.208A
Digestate
management
23
supplement
attached
to
nutrient
management
plan.
24
If
digestate
is
applied
on
land
subject
to
a
nutrient
25
management
plan
pursuant
to
section
459A.208,
the
nutrient
26
management
plan
must
be
attached
with
a
digestate
management
27
supplement
as
provided
in
section
458.323.
28
Sec.
56.
NEW
SECTION
.
459B.105
Digestates.
29
This
chapter
does
not
apply
to
digestates
processed
at
a
30
community
anaerobic
digester
system
as
regulated
in
chapter
31
458.
32
EXPLANATION
33
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
34
the
explanation’s
substance
by
the
members
of
the
general
assembly.
35
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GENERAL.
This
bill
provides
for
the
regulation
of
a
1
community
anaerobic
digester
system
(system)
by
the
department
2
of
natural
resources
(DNR)
which
must
include
a
digester
3
processing
structure
that
primarily
processes
manure
but
may
4
also
process
other
organic
feedstocks.
The
system
produces
5
a
biogas
which
is
a
source
of
renewable
fuel
and
a
digestate
6
which
is
a
nutrient-rich
material
that
may
be
applied
to
7
cropland.
8
TERMINOLOGY.
The
bill
provides
for
the
regulation
of
9
off-farm
systems.
“On-farm”
refers
to
real
property
used
to
10
produce
agricultural
animals
or
crops
as
compared
to
“off-farm”
11
which
refers
to
real
property
other
than
on-farm.
Once
12
manure
or
feedstock
is
received
by
the
system,
the
manure
is
13
referred
to
as
digester
manure
and
the
feedstock
is
referred
14
to
as
digester
feedstock.
The
off-farm
system
receives
15
on-farm
manure
and
either
on-farm
or
off-farm
feedstock.
The
16
digester
manure
or
digester
feedstock
is
subject
to
storage
17
requirements.
Different
regulations
apply
to
digester
18
feedstock
or
digester
manure
that
is
dry
or
liquid.
Digester
19
manure
or
digester
feedstock
is
classified
as
dry
only
if
the
20
digester
manure
or
digester
feedstock
does
not
flow
perceptibly
21
under
pressure,
is
not
capable
of
being
transported
through
22
a
mechanical
pumping
device
designed
to
move
a
liquid,
and
23
consists
of
molecules
that
do
not
flow
freely
among
themselves.
24
Generally,
liquid
digester
manure
and
liquid
digester
feedstock
25
must
be
stored
in
a
liquid
digester
storage
structure.
Dry
26
digester
manure
or
dry
digester
feedstock
must
be
stored
as
27
a
dry
digester
stockpile
or
in
a
liquid
digester
storage
28
structure.
The
digester
manure
or
digester
feedstock
is
used
29
by
a
digester
processing
structure
to
produce
biogas
and
a
30
digestate.
A
digester
processing
structure
must
process
manure
31
as
its
primary
source.
Digestate
is
also
referred
to
as
dry
32
or
liquid
based
on
the
same
criteria
used
for
digester
manure
33
and
digester
feedstock.
Liquid
digestate
is
stored
in
a
liquid
34
digestate
storage
structure
and
dry
digestate
is
stored
as
a
35
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stockpile
or
in
a
liquid
digestate
storage
structure.
The
1
scope
of
the
bill
is
limited
to
the
off-farm
construction,
2
including
expansion,
of
digester
structures
on
the
site
of
the
3
system,
the
off-farm
stockpiling
of
dry
digester
manure
or
4
feedstock
on
the
site
of
the
system,
the
off-farm
storage
and
5
stockpiling
of
digestate
on
the
site
of
the
system,
the
removal
6
of
the
digestate
from
the
off-farm
site
of
the
system,
and
7
the
on-farm
storage
and
application
of
the
removed
digestate.
8
Any
reference
in
the
bill
to
a
digester
structure
means
a
9
covered
liquid
digester
storage
structure,
a
covered
digester
10
processing
structure,
or
a
covered
liquid
digestate
storage
11
structure.
Any
reference
to
a
digester
stockpile
refers
to
a
12
dry
digester
manure
or
feedstock
stockpile
or
a
dry
digestate
13
stockpile.
14
REGULATION.
The
bill
provides
that
a
system
cannot
be
15
identified
with
an
animal
feeding
operation
where
animals
are
16
confined
and
fed
and
maintained
for
45
days
or
more
in
any
17
12-month
period.
Identification
occurs
only
if
the
system
18
and
the
animal
feeding
operation
are
both
(1)
under
common
19
ownership
or
management
and
(2)
adjacent.
20
CONSTRUCTION.
The
bill
provides
that
a
construction
21
permit
must
be
issued
by
DNR
prior
to
the
construction
22
of
a
digester
structure.
The
requirements
for
a
permit
23
are
based
on
permit
requirements
for
the
construction
of
24
manure
storage
structures.
The
application
must
include
an
25
engineering
report,
construction
plans,
and
specifications
26
prepared
by
a
professional
engineer.
The
bill
provides
27
for
an
application
fee
not
to
exceed
$1,000.
The
bill
also
28
provides
for
construction
design
standards
for
a
formed
29
or
unformed
digester
structure.
The
construction
design
30
standards
must
be
based
on
uniform
standards
such
as
available
31
standards
promulgated
by
ASTM
(American
society
for
testing
and
32
materials)
international.
The
design
standards
for
unformed
33
digester
feedstock
storage
structures
must
account
for
the
use
34
of
linings
and
erosion
controls.
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SEPARATION
DISTANCE
REQUIREMENTS
——
AIR
QUALITY.
The
bill
1
provides
separation
distance
requirements
as
part
of
air
2
quality
and
water
quality
standards.
Generally,
the
separation
3
distance
requirements
for
air
quality
apply
between
a
digester
4
structure
and
either
a
residence
not
owned
by
the
owner
of
5
the
system
or
a
designated
object
or
location
(commercial
6
enterprise,
bona
fide
religious
institution,
educational
7
institution,
public
use
area,
or
public
thoroughfare).
Other
8
separation
distances
apply
to
the
stockpiling
of
dry
digester
9
manure
or
feedstock,
or
digestate
and
those
same
designated
10
objects
or
locations.
The
bill
also
provides
separation
11
distance
requirements
for
air
quality
that
apply
between
12
the
digestate
application
site
and
the
designated
object
or
13
location.
The
separation
distance
requirements
for
air
quality
14
also
provide
for
certain
exceptions,
including
a
waiver
by
a
15
person
benefiting
from
the
separation
distance.
16
SEPARATION
DISTANCE
REQUIREMENTS
——
WATER
QUALITY.
The
17
bill
provides
a
number
of
separation
distance
requirements
18
between
a
digester
structure
and
certain
sources
of
water,
19
including
an
agricultural
drainage
well,
known
sinkhole,
lake,
20
river,
reservoir,
creek,
stream,
or
ditch.
The
bill
provides
21
separation
distance
requirements
between
digestate
stockpiles
22
and
water
sources,
with
exceptions
that
apply
if
measures
are
23
taken
to
reduce
runoff.
Special
restrictions
are
placed
on
a
24
stockpile
located
in
karst
terrain.
The
bill
restricts
the
25
application
of
digestate
on
snow
covered
or
frozen
ground.
26
DIGESTATE
MANAGEMENT.
The
bill
provides
that
if
digestate
27
is
applied
on
land
subject
to
a
manure
management
plan
or
28
nutrient
management
plan,
such
plan
must
be
attached
with
29
a
second
document
referred
to
as
a
digestate
management
30
supplement.
The
digestate
management
supplement
must
include
31
information
necessary
to
determine
the
land
area
required
32
for
the
application
of
the
digestate
and
the
nutrient
33
concentrations
of
the
digestate.
Finally,
the
bill
requires
34
the
owner
or
manager
of
the
system
to
maintain
records
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regarding
the
system’s
operation.
1
CIVIL
PENALTIES.
A
person
who
violates
an
air
quality
2
regulation
or
water
quality
regulation
is
subject
to
a
civil
3
penalty
based
on
a
schedule
established
by
DNR
rule.
The
4
civil
penalty
cannot
exceed
$10,000
per
violation.
The
civil
5
penalty
for
a
water
quality
violation
may
also
be
subject
to
6
a
judicial
civil
penalty
not
to
exceed
$5,000
for
each
day
of
7
such
violation.
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