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House
File
989
-
Reprinted
HOUSE
FILE
989
BY
COMMITTEE
ON
WAYS
AND
MEANS
(SUCCESSOR
TO
HSB
323)
(As
Amended
and
Passed
by
the
House
April
17,
2025
)
A
BILL
FOR
An
Act
relating
to
animal
feeding
operations,
by
providing
for
1
the
regulation
of
anaerobic
digester
systems,
providing
2
fees,
making
penalties
applicable,
and
including
effective
3
date
and
applicability
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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Section
1.
Section
459.102,
subsection
2,
Code
2025,
is
1
amended
by
striking
the
subsection.
2
Sec.
2.
NEW
SECTION
.
459.104
Purpose.
3
The
purpose
of
this
chapter,
together
with
chapters
459A
4
and
459B,
is
to
regulate
animal
agriculture,
including
but
not
5
limited
to
the
storage,
application,
and
processing
of
organic
6
materials,
including
manure,
originating
from
animal
feeding
7
operations.
8
Sec.
3.
Section
459.201,
Code
2025,
is
amended
by
adding
the
9
following
new
subsection:
10
NEW
SUBSECTION
.
6.
“Anaerobic
digester
system”
means
the
11
same
as
defined
in
section
459.701.
12
Sec.
4.
NEW
SECTION
.
459.701
Definitions.
13
For
purposes
of
this
subchapter,
unless
the
context
14
otherwise
requires:
15
1.
a.
(1)
“Anaerobic
digester
system”
means
a
digester
16
processing
structure
used
to
effectuate
the
digestion
process.
17
(2)
“Anaerobic
digester
system”
may
also
include
any
of
the
18
following:
19
(a)
A
liquid
digester
storage
structure,
including
a
20
liquid
digester
manure
storage
structure
and
a
liquid
digester
21
feedstock
storage
structure.
22
(b)
A
dry
digester
manure
stockpile.
23
(c)
A
dry
digester
feedstock
stockpile.
24
(d)
A
liquid
digestate
storage
structure.
25
(e)
A
dry
digestate
stockpile.
26
b.
“Anaerobic
digester
system”
includes
other
related
27
structures,
pipes,
and
equipment
used
in
the
digestion
process.
28
2.
“Covered”
means
organic
or
inorganic
material
placed
upon
29
a
digester
structure
used
to
store
any
of
the
following:
30
a.
Digester
manure.
31
b.
Digester
feedstock.
32
c.
Digestate.
33
3.
“Designated
object
or
location”
means
any
of
the
34
following:
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a.
A
commercial
enterprise.
1
b.
A
bona
fide
religious
institution.
2
c.
An
educational
institution.
3
d.
A
public
use
area.
4
4.
“Digestate”
means
the
dry
or
liquid
nutrient-rich
5
material
that
remains
after
the
digestion
process
is
6
effectuated.
7
5.
a.
“Digester
feedstock”
means
organic
material,
other
8
than
digester
manure,
originating
either
on-farm
or
off-farm,
9
that
is
used
to
effectuate
the
digestion
process
as
part
of
an
10
anaerobic
digester
system.
11
b.
“Digester
feedstock”
includes
either
or
both
of
the
12
following:
13
(1)
Dry
digester
feedstock.
14
(2)
Liquid
digester
feedstock.
15
6.
a.
“Digester
manure”
means
manure
originating
on-farm
16
that
is
stored
as
part
of
the
anaerobic
digester
system
if
used
17
to
effectuate
the
digestion
process
by
a
digester
processing
18
structure.
19
b.
“Digester
manure”
includes
either
or
both
of
the
20
following:
21
(1)
Dry
digester
manure.
22
(2)
Liquid
digester
manure.
23
7.
“Digester
processing
structure”
means
a
structure
that
is
24
part
of
an
anaerobic
digester
system
if
used
to
effectuate
the
25
digestion
process
by
a
digester
processing
structure.
26
8.
“Digester
stockpile”
means
any
of
the
following:
27
a.
A
dry
digester
manure
stockpile.
28
b.
A
dry
digester
feedstock
stockpile.
29
c.
A
dry
digestate
stockpile.
30
9.
“Digester
structure”
means
any
of
the
following:
31
a.
A
liquid
digester
storage
structure,
including
a
liquid
32
digester
manure
storage
structure
and
a
liquid
digester
33
feedstock
storage
structure.
34
b.
A
digester
processing
structure.
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c.
A
liquid
digestate
storage
structure.
1
10.
“Digestion
process”
means
primarily
processing
manure,
2
and
may
include
processing
digester
feedstock,
by
employing
3
environmental
conditions
including
bacteria
to
break
down
its
4
organic
matter
in
the
absence
of
oxygen,
if
used
for
producing,
5
collecting,
and
utilizing
a
biogas
and
digestate.
6
11.
“Dry
digestate”
means
digestate
that
meets
the
dry
7
classification
requirements
in
section
459.707.
8
12.
“Dry
digestate
stockpile”
means
dry
digestate
9
originating
from
an
anaerobic
digester
system
and
stored
as
10
part
of
the
anaerobic
digester
system
outside
a
digester
11
structure
or
on-farm
outside
any
other
structure.
12
13.
“Dry
digester
feedstock”
means
a
digester
feedstock
that
13
meets
the
dry
classification
requirements
in
section
459.707.
14
14.
“Dry
digester
feedstock
stockpile”
means
dry
digester
15
feedstock
stored
outside
a
digester
structure.
16
15.
“Dry
digester
manure”
means
digester
manure
that
meets
17
the
dry
classification
requirement
in
section
459.707.
18
16.
“Dry
digester
manure
stockpile”
means
dry
digester
19
manure
that
is
part
of
an
anaerobic
digester
system
if
stored
20
outside
a
digester
structure.
21
17.
“Dry
digester
stockpile”
means
any
of
the
following:
22
a.
A
dry
digester
manure
stockpile.
23
b.
A
dry
digester
feedstock
stockpile.
24
18.
“Effluent”
means
the
same
as
defined
in
section
25
459A.102.
26
19.
“Federal
Water
Pollution
Control
Act”
means
the
federal
27
Water
Pollution
Control
Act
of
1972,
33
U.S.C.
ch.
26,
as
28
amended,
and
40
C.F.R.
pts.
122
and
412.
29
20.
“Liquid
digestate”
means
digestate
other
than
dry
30
digestate.
31
21.
“Liquid
digestate
storage
structure”
means
a
structure
32
used
to
store
liquid
digestate.
33
22.
“Liquid
digester
feedstock”
means
digester
feedstock
34
other
than
dry
digester
feedstock.
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23.
“Liquid
digester
feedstock
storage
structure”
means
a
1
structure
that
is
part
of
an
anaerobic
digester
system
if
used
2
to
store
liquid
digester
feedstock
or
dry
digester
feedstock
or
3
both
before
undergoing
a
digestion
process
as
effectuated
by
a
4
digester
processing
structure.
5
24.
“Liquid
digester
manure”
means
digester
manure
other
6
than
dry
digester
manure.
7
25.
“Liquid
digester
manure
storage
structure”
means
a
8
structure
that
is
part
of
an
anaerobic
digester
system
if
used
9
to
store
liquid
digester
manure
or
dry
digester
manure
or
both
10
before
undergoing
a
digestion
process
as
effectuated
by
a
11
digester
processing
structure.
12
26.
“Liquid
digester
storage
structure”
means
either
of
the
13
following:
14
a.
A
liquid
digester
manure
storage
structure.
15
b.
A
liquid
digester
feedstock
storage
structure.
16
27.
“Manure
management
plan”
means
a
manure
management
plan,
17
including
an
updated
manure
management
plan,
as
provided
in
18
section
459.312.
19
28.
“Nutrient
management
plan”
means
a
nutrient
management
20
plan
or
an
updated
nutrient
management
plan
as
provided
in
21
section
459A.208.
22
29.
“Off-farm”
means
real
property
that
is
not
on-farm.
23
30.
“On-farm”
means
real
property
used
to
produce
raw
24
agricultural
commodities,
including
agricultural
animals;
crops
25
such
as
corn,
grain
sorghum,
oats,
soybeans,
or
wheat;
hay
or
26
straw;
milk;
or
wool.
27
Sec.
5.
NEW
SECTION
.
459.702
Scope.
28
1.
This
subchapter
is
limited
to
the
regulation
of
on-farm
29
construction,
including
expansion,
or
management
of,
structures
30
used
for
the
on-farm
storage
of
digester
manure,
digester
31
feedstock,
or
digestate;
the
on-farm
stockpiling
of
dry
32
digester
manure,
dry
digester
feedstock,
or
dry
digestate;
33
and
the
on-farm
application
of
digestate
originating
from
an
34
anaerobic
digester
system.
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2.
If
there
is
a
conflict
between
the
provisions
of
this
1
subchapter
and
another
subchapter,
the
provisions
of
this
2
subchapter
shall
prevail.
3
3.
Rules
adopted
to
implement
this
subchapter
are
not
4
subject
to
section
17A.7,
subsection
2
or
3.
5
Sec.
6.
NEW
SECTION
.
459.703
Administration
——
departmental
6
authority.
7
1.
The
department
shall
establish
by
rule
adopted
pursuant
8
to
chapter
17A
requirements
relating
to
the
construction,
9
including
expansion,
or
management
of,
structures
used
for
10
the
on-farm
storage
of
digester
manure,
digester
feedstock,
11
or
digestate;
the
on-farm
stockpiling
of
dry
digester
manure,
12
dry
digester
feedstock,
or
dry
digestate;
and
the
on-farm
13
application
of
digestate
originating
from
an
anaerobic
digester
14
system.
15
2.
The
department
shall
adopt
and
promulgate
forms
required
16
to
be
completed
in
order
to
comply
with
this
subchapter
17
including
forms
for
documents
that
the
department
shall
make
18
available
on
the
internet.
19
3.
The
department
may
provide
separate
applications
for
20
constructing
each
type
of
digester
structure
regulated
under
21
this
subchapter,
including
a
liquid
digester
manure
storage
22
structure,
liquid
digester
feedstock
storage
structure,
23
digester
processing
structure,
and
liquid
digestate
storage
24
structure.
For
administrative
efficiency,
the
department
25
shall
provide
a
single
application
form
that
combines
all
26
applications
together
into
a
total
application
form.
27
Sec.
7.
NEW
SECTION
.
459.704
Minimum
requirements
for
28
manure
control
——
water
quality.
29
The
delivery
of
manure
by
an
animal
feeding
operation
for
30
processing
by
an
anaerobic
digester
system
in
a
manner
that
31
complies
with
this
subchapter
constitutes
manure
disposal
32
satisfying
the
requirements
of
section
459.311.
33
Sec.
8.
NEW
SECTION
.
459.705
Special
terms
——
anaerobic
34
digester
systems.
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1.
a.
An
anaerobic
digester
system
must
be
identified
with
1
an
animal
feeding
operation.
2
b.
An
anaerobic
digester
system
receiving
manure
from
an
3
animal
feeding
operation
is
identified
with
the
animal
feeding
4
operation
if
the
anaerobic
digester
system
and
the
animal
5
feeding
operation
are
any
of
the
following:
6
(1)
Adjacent.
7
(2)
Under
common
ownership.
8
(3)
Under
common
management.
9
c.
An
anaerobic
digester
system
and
an
animal
feeding
10
operation
shall
be
subject
to
an
enforcement
action
arising
11
from
the
facts
of
a
violation
only
if
the
anaerobic
digester
12
system
is
identified
with
the
animal
feeding
operation
pursuant
13
to
paragraph
“b”
,
subparagraphs
(1),
(2),
and
(3).
14
2.
An
anaerobic
digester
system
and
an
animal
feeding
15
operation
structure
are
deemed
adjacent
if
the
closest
16
digester
structure
is
separated
from
the
closest
animal
feeding
17
operation
structure
by
less
than
one
thousand
two
hundred
fifty
18
feet.
19
3.
a.
An
anaerobic
digester
system
and
an
animal
feeding
20
operation
are
under
common
ownership
if
a
person
holds
an
21
interest
in
the
anaerobic
digester
system
and
the
animal
22
feeding
operation
as
any
of
the
following:
23
(1)
A
sole
proprietor.
24
(2)
A
joint
tenant
or
tenant
in
common.
25
(3)
A
holder
of
a
majority
equity
interest
in
a
business
26
association
as
defined
in
section
202B.102,
including
but
not
27
limited
to
a
shareholder,
partner,
member,
or
beneficiary.
28
b.
An
interest
in
the
anaerobic
digester
system
and
animal
29
feeding
operation
which
is
held
directly
or
indirectly
by
the
30
person’s
spouse
or
dependent
child
shall
be
attributed
to
the
31
person.
32
4.
a.
An
anaerobic
digester
system
and
animal
feeding
33
operation
are
under
common
management
if
a
person
has
34
significant
control
of
the
management
of
the
day-to-day
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operations
of
the
community
anaerobic
digester
system
and
1
animal
feeding
operation.
2
b.
Common
management
does
not
include
control
over
a
3
contract
livestock
facility
by
a
contractor,
as
those
terms
are
4
defined
in
section
202.1.
5
Sec.
9.
NEW
SECTION
.
459.706
Special
terms
——
digester
6
structures.
7
1.
A
digester
structure
that
is
used
as
a
manure
storage
8
structure
and
that
is
not
subject
to
a
digestion
process
shall
9
be
conclusively
presumed
to
be
a
manure
storage
structure.
10
2.
Any
digester
structure
must
be
covered.
Notwithstanding
11
section
459.102,
subsection
19,
a
cover
must
include
organic
or
12
inorganic
material
placed
upon
a
digester
structure
as
provided
13
by
rules
adopted
by
the
department.
14
3.
A
digester
structure
is
constructed
when
any
of
the
15
following
occur:
16
a.
Excavation
is
conducted
for
a
proposed
digester
structure
17
or
proposed
expansion
of
an
existing
digester
structure,
18
including
excavation
for
the
footings
of
the
digester
19
structure.
20
b.
Forms
for
concrete
are
installed
for
a
proposed
digester
21
structure
or
the
proposed
expansion
of
an
existing
digester
22
structure.
23
c.
Piping
for
the
movement
of
manure
is
installed
between
24
an
animal
feeding
operation
structure
and
a
digester
structure
25
proposed
to
be
constructed
or
expanded.
26
4.
a.
This
subchapter
does
not
apply
to
a
confinement
27
feeding
operation
structure
regardless
of
whether
manure
28
originating
from
the
confinement
feeding
operation
structure
is
29
received
by
a
digester
processing
structure.
30
b.
This
subchapter
does
not
apply
to
an
open
feedlot
31
operation
structure
regulated
under
chapter
459A
regardless
of
32
whether
effluent
originating
from
the
open
feedlot
operation
33
structure
is
received
by
a
digester
processing
structure.
34
c.
Placing
a
cover
over
a
manure
storage
structure
does
not
35
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constitute
construction
or
expansion
of
a
digester
structure.
1
Sec.
10.
NEW
SECTION
.
459.707
Special
terms
——
manure
and
2
digestates.
3
For
purposes
of
this
subchapter,
all
of
the
following
apply:
4
1.
Except
as
otherwise
provided
in
this
subchapter,
the
term
5
“manure”
includes
effluent
if
used
as
part
of
the
digestion
6
process.
7
2.
Digester
manure,
digester
feedstock,
or
digestate
is
8
classified
as
dry
only
if
all
of
the
following
apply:
9
a.
The
digester
manure,
digester
feedstock,
or
digestate
10
does
not
flow
perceptibly
under
pressure.
11
b.
The
digester
manure,
digester
feedstock,
or
digestate
is
12
not
capable
of
being
transported
through
a
mechanical
pumping
13
device
designed
to
move
a
liquid.
14
c.
The
constituent
molecules
of
the
digester
manure,
15
digester
feedstock,
or
digestate
do
not
flow
freely
among
16
themselves
but
may
show
a
tendency
to
separate
under
stress.
17
3.
A
digester
processing
structure
must
process
manure
as
18
its
primary
source.
The
digester
processing
structure
may
also
19
process
any
of
the
following:
20
a.
A
quantity
of
digester
feedstock
as
its
secondary
source.
21
b.
An
ancillary
quantity
of
an
inorganic
material,
including
22
a
catalyst,
used
to
best
effectuate
the
digestion
process.
23
The
department
shall
adopt
rules
listing
allowable
materials
24
by
name
and,
if
necessary,
the
maximum
allowed
quantity.
25
The
department
may
also
approve
the
allowable
materials
and
26
quantity
upon
request
of
the
owner
or
manager
of
the
anaerobic
27
digester
system.
The
allowed
inorganic
material
allowed
over
28
time
must
be
nonhazardous
to
the
public
and
environment.
29
4.
a.
Except
as
provided
in
paragraph
“b”
,
digester
manure
30
shall
not
be
regulated
as
manure.
31
b.
If
digester
manure
and
digester
feedstock
are
combined,
32
the
digester
feedstock
shall
be
regulated
as
digester
manure.
33
5.
a.
Except
as
provided
in
paragraph
“b”
,
a
digestate
34
shall
not
be
regulated
as
manure.
35
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b.
(1)
If
digestate
is
removed
from
a
digester
processing
1
structure
and
at
any
time
is
combined
with
manure,
the
2
digestate
shall
be
regulated
as
manure
under
this
chapter
and
3
chapter
459B,
as
applicable.
4
(2)
If
a
digestate
is
removed
from
a
digester
processing
5
structure
and
at
any
time
is
combined
with
effluent,
the
6
digestate
shall
be
regulated
as
effluent
under
chapter
459A.
7
Sec.
11.
NEW
SECTION
.
459.708
Digester
manure
and
digester
8
feedstock
——
required
storage.
9
A
person
receiving
digester
manure
or
digester
feedstock
at
10
an
anaerobic
digester
system
must
store
the
digester
manure
or
11
digester
feedstock
as
follows:
12
1.
Liquid
digester
manure
or
liquid
digester
feedstock
must
13
be
stored
in
a
liquid
digester
storage
structure.
14
2.
Dry
digester
manure
must
be
stored
in
any
of
the
15
following:
16
a.
A
dry
digester
stockpile.
17
b.
A
liquid
digester
storage
structure.
18
3.
Dry
digester
feedstock
originating
on-farm
must
be
19
stored
in
any
of
the
following:
20
a.
A
dry
digester
stockpile.
21
b.
A
liquid
digester
storage
structure.
22
4.
Dry
digester
feedstock
originating
off-farm
must
be
23
stored
in
a
liquid
digester
storage
structure.
24
5.
A
person
may
move
manure
or
feedstock
from
outside
an
25
anaerobic
digester
system
for
direct
processing
by
using
a
26
digester
processing
structure
that
is
part
of
an
anaerobic
27
digester
system,
28
6.
A
person
removing
digestate
from
an
anaerobic
digester
29
system
must
store
the
digestate
in
a
manner
that
complies
with
30
section
459.311.
31
Sec.
12.
NEW
SECTION
.
459.709
Digestate
——
required
32
storage.
33
1.
A
person
processing
digester
manure
or
digester
34
feedstock
at
an
anaerobic
digester
system
must
store
the
35
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989
resulting
digestate
as
follows:
1
a.
Liquid
digestate
must
be
stored
in
a
liquid
digestate
2
storage
structure.
3
b.
Dry
digestate
must
be
stored
in
any
of
the
following:
4
(1)
A
dry
digestate
feedstock
stockpile.
5
(2)
A
liquid
digestate
storage
structure.
6
2.
A
person
removing
digestate
from
an
anaerobic
digester
7
system
must
store
the
digestate
in
a
manner
that
complies
with
8
section
459.311.
9
Sec.
13.
NEW
SECTION
.
459.711
Digester
structures
——
10
construction
permits.
11
1.
a.
Except
as
provided
in
paragraph
“b”
,
a
construction
12
permit
must
be
issued
prior
to
the
construction
of
a
digester
13
structure,
including
a
liquid
digester
manure
storage
14
structure,
liquid
digester
feedstock
storage
structure,
15
digester
processing
structure,
or
liquid
digestate
storage
16
structure,
as
provided
by
rules
adopted
by
the
department
17
pursuant
to
this
subchapter.
18
b.
A
person
is
not
required
to
be
issued
a
permit
to
19
construct
a
digester
structure
if
the
anaerobic
digester
system
20
is
owned
by
a
research
college
as
defined
in
section
459.318
21
conducting
research
activities.
22
2.
The
department’s
decision
to
approve
a
permit
for
23
the
construction
of
a
digester
structure
shall
be
based
on
24
whether
the
application
is
submitted
according
to
procedures
25
required
by
the
department
and
the
application
meets
standards
26
established
by
this
subchapter
and
rules
adopted
by
the
27
department.
28
3.
Construction
of
a
digester
structure
shall
not
begin
29
until
the
department
first
approves
the
application
and
issues
30
a
construction
permit.
31
4.
The
applicant
for
a
construction
permit
must
be
the
owner
32
of
the
anaerobic
digester
system
and
the
person
responsible
33
for
the
construction
and
operation
of
the
anaerobic
digester
34
system.
35
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5.
The
department
shall
approve
an
application
for
a
1
construction
permit
regardless
of
whether
the
applicant
is
2
required
to
be
issued
a
construction
permit.
3
6.
Prior
to
submitting
an
application
for
a
construction
4
permit,
the
applicant
may
submit
a
conceptual
design
and
site
5
investigation
report
to
the
department
for
review
and
comment.
6
7.
An
application
for
a
construction
permit
must
include
all
7
of
the
following
information:
8
a.
The
name
and
contact
information
of
the
owner
and
manager
9
of
the
anaerobic
digester
system
identified
with
an
animal
10
feeding
operation
under
section
459.705
and
the
owner
and
11
manager
of
the
identified
animal
feeding
operation.
12
b.
Whether
the
digester
structure
is
formed
or
unformed.
13
c.
Information
including
but
not
limited
to
maps,
drawings,
14
and
aerial
photos
that
clearly
show
the
location
of
all
of
the
15
following:
16
(1)
The
location
of
the
proposed
or
existing
anaerobic
17
digester
system,
and
any
other
proposed
or
existing
digester
18
structures
or
digester
stockpiles.
19
(2)
The
location
of
any
proposed
or
existing
animal
feeding
20
operation
structure
that
is
part
of
the
identified
animal
21
feeding
operation.
22
d.
An
engineering
report,
construction
plans,
and
23
specifications
prepared
by
a
professional
engineer
or
the
24
natural
resources
conservation
service
of
the
United
States
25
department
of
agriculture.
The
professional
engineer
must
26
certify
that
the
construction
of
the
digester
structure
27
complies
with
the
construction
design
standards
required
in
28
this
subchapter.
29
8.
The
department
must
approve
or
disapprove
an
application
30
for
a
construction
permit
within
sixty
days
following
the
31
applicant’s
delivery
of
the
application
to
the
department.
32
However,
the
applicant
may
deliver
a
notice
requesting
a
33
continuance.
Upon
receipt
of
a
notice,
the
time
required
for
34
the
department
to
act
upon
the
application
shall
be
suspended
35
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989
for
the
period
provided
in
the
notice
of
continuance,
but
for
1
not
more
than
thirty
days
after
the
department’s
receipt
of
2
the
notice.
The
applicant
may
submit
more
than
one
notice.
3
However,
the
department
may
provide
that
an
application
is
4
terminated
if
no
action
is
required
by
the
department
for
one
5
year
following
delivery
of
the
application
to
the
department.
6
The
department
may
also
provide
for
a
continuance
when
it
7
considers
the
application.
The
department
shall
provide
notice
8
to
the
applicant
of
the
continuance.
The
time
required
for
9
the
department
to
act
upon
the
application
shall
be
suspended
10
for
the
period
provided
in
the
notice
of
continuance,
but
for
11
not
more
than
thirty
days.
However,
the
department
shall
not
12
provide
for
more
than
one
continuance.
13
9.
The
applicant
shall
submit
a
construction
permit
14
application
fee
as
part
of
the
total
application
form.
The
fee
15
shall
not
exceed
two
hundred
fifty
dollars.
Moneys
collected
16
by
the
department
from
the
payment
of
fees
under
this
section
17
shall
be
deposited
by
the
department
in
the
general
fund
of
the
18
state.
19
Sec.
14.
NEW
SECTION
.
459.712
Liquid
digester
manure
20
storage
structure
——
construction
permit.
21
In
addition
to
the
applicable
requirements
in
section
22
459.711,
an
application
for
a
permit
to
construct
a
liquid
23
digester
manure
storage
structure
must
include
all
of
the
24
following
information:
25
1.
A
description
of
the
type
and
amount
of
digester
manure
26
to
be
stored
in
the
digester
feedstock
storage
structure.
27
2.
The
storage
capacity
of
the
liquid
manure
storage
28
structure.
29
3.
A
description
of
the
digester
processing
structure
30
used
to
process
the
received
digester
manure
and
any
digester
31
feedstock.
32
4.
Any
other
information
determined
relevant
by
the
33
department
as
provided
by
rules
adopted
by
the
department.
34
Sec.
15.
NEW
SECTION
.
459.713
Liquid
digester
feedstock
35
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989
storage
structure
——
construction
permit.
1
In
addition
to
the
applicable
requirements
in
section
2
459.711,
an
application
for
a
permit
to
construct
a
liquid
3
digester
feedstock
storage
structure
must
include
all
of
the
4
following
information:
5
1.
A
description
of
the
type
and
amount
of
any
digester
6
feedstock
to
be
stored
in
the
liquid
digester
feedstock
storage
7
structure.
8
2.
The
storage
capacity
of
the
liquid
digester
feedstock
9
storage.
10
3.
A
description
of
the
liquid
digester
processing
11
structure
used
to
process
the
received
manure
and
digester
12
feedstock.
13
4.
Any
other
information
determined
relevant
by
the
14
department
as
provided
by
rules
adopted
by
the
department.
15
Sec.
16.
NEW
SECTION
.
459.714
Digester
processing
structure
16
——
construction
permit.
17
1.
In
addition
to
the
applicable
requirements
in
section
18
459.711,
an
application
for
a
permit
to
construct
a
digester
19
processing
structure
must
include
all
of
the
following:
20
a.
(1)
A
description
of
the
type
and
amount
of
digester
21
manure
that
is
capable
of
being
processed
in
the
digester
22
processing
structure
at
any
one
time.
23
(2)
A
description
of
the
type
and
amount
of
digester
24
feedstock
that
is
capable
of
being
processed
in
the
digester
25
processing
structure
at
any
one
time.
26
b.
The
processing
capacity
of
the
digester
processing
27
structure.
28
c.
Unless
an
anaerobic
digester
system
and
animal
feeding
29
operation
are
under
common
ownership
or
management,
or
30
both,
as
described
in
section
459.705,
a
description
of
the
31
responsibilities
of
each
of
the
following:
32
(1)
For
an
anaerobic
digester
system,
the
terms
of
an
33
agreement
to
receive
manure
from
the
animal
feeding
operation
34
with
which
the
anaerobic
digester
system
is
identified
under
35
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989
section
459.705.
1
(2)
For
an
animal
feeding
operation
with
which
the
anaerobic
2
digester
system
is
identified
under
section
459.705,
the
terms
3
of
an
agreement
to
deliver
manure
to
the
anaerobic
digester
4
system.
5
d.
(1)
If
digestate
is
to
be
applied
to
land
subject
to
6
a
manure
management
plan,
a
copy
of
the
plan
and
digestate
7
management
supplement
as
required
in
section
459.733.
8
(2)
If
digestate
is
to
be
applied
to
land
subject
to
a
9
nutrient
management
plan,
a
copy
of
the
plan
and
digestate
10
management
supplement
as
required
in
section
459.733.
11
e.
Any
other
information
determined
relevant
by
the
12
department
as
provided
by
rules
adopted
by
the
department.
13
2.
The
application
must
include
a
plan
for
maintaining
14
records
regarding
all
of
the
following
as
provided
by
rules
15
adopted
by
the
department:
16
a.
(1)
The
manure,
digester
feedstock,
and
inorganic
17
materials
subject
to
processing.
18
(2)
The
digestate
and
biogas
processed.
19
b.
Procedures
for
the
departmental
inspection
of
the
20
records.
21
Sec.
17.
NEW
SECTION
.
459.715
Liquid
digestate
storage
22
structure
——
construction
permit.
23
In
addition
to
the
applicable
requirements
in
section
24
459.711,
an
application
for
a
permit
to
construct
a
liquid
25
digestate
storage
structure
must
include
all
of
the
following
26
information:
27
1.
A
description
of
the
type
and
amount
of
digestate
to
be
28
stored
in
the
liquid
digestate
storage
structure.
29
2.
The
storage
capacity
of
the
liquid
digestate
storage
30
structure.
31
3.
Any
other
information
determined
relevant
by
the
32
department
as
provided
by
rules
adopted
by
the
department.
33
Sec.
18.
NEW
SECTION
.
459.717
General
construction
design
34
standards
——
formed
digester
structures.
35
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989
1.
The
department
shall
adopt
rules
establishing
1
construction
design
standards
for
a
formed
digester
structure,
2
including
a
formed
liquid
digester
manure
storage
structure,
3
formed
liquid
digester
feedstock
storage
structure,
formed
4
digester
processing
structure,
or
formed
liquid
digestate
5
storage
structure.
The
department
may
adopt
rules
providing
6
separate
regulations
for
each
type
of
formed
digester
7
structure.
8
2.
The
construction
design
standards
shall
be
based,
to
9
every
extent
possible,
upon
uniform
standards
such
as
available
10
standards
promulgated
by
ASTM
(American
society
for
testing
and
11
materials)
international.
12
3.
The
construction
design
standards
for
concrete
must
13
provide
for
all
of
the
following:
14
a.
The
concrete’s
minimum
compressive
strength
calculated
on
15
a
pounds-per-square-inch
basis.
16
b.
The
use
of
reinforcement,
including
but
not
limited
to
17
the
grade,
amount,
and
location
of
steel
rebar,
fiberglass,
or
18
similar
materials
set
in
the
concrete,
or
the
use
of
exterior
19
braces
to
support
joints.
20
c.
The
depth
of
footings.
21
d.
The
thickness
of
the
footings,
the
floor,
and
walls.
22
Sec.
19.
NEW
SECTION
.
459.718
Special
construction
23
restrictions
——
formed
digester
structures.
24
The
department
shall
adopt
rules
providing
for
upgraded
25
construction
design
standards
for
a
formed
digester
structure
26
constructed
on
karst
terrain
or
an
area
that
drains
into
a
27
known
sinkhole
as
is
necessary
to
ensure
that
a
formed
digester
28
structure
does
not
pollute
groundwater
sources.
29
Sec.
20.
NEW
SECTION
.
459.719
General
construction
design
30
standards
——
unformed
digester
structures
——
inspections.
31
1.
The
department
shall
adopt
rules
establishing
32
construction
design
standards
for
an
unformed
digester
33
structure,
including
an
unformed
liquid
digester
manure
34
storage
structure,
unformed
liquid
digester
feedstock
storage
35
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989
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91
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23
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989
structure,
unformed
digester
processing
structure,
or
unformed
1
liquid
digestate
storage
structure.
The
department
may
adopt
2
rules
providing
separate
regulations
for
each
type
of
digester
3
structure.
4
2.
The
construction
design
standards
for
an
unformed
5
digester
structure,
established
by
rules
adopted
by
the
6
department,
must
account
for
special
design
characteristics
7
applicable
to
an
unformed
liquid
digester
manure
storage
8
structure,
unformed
liquid
digester
feedstock
storage
9
structure,
unformed
digester
processing
structure,
or
unformed
10
liquid
digestate
storage
structure.
The
construction
design
11
standard
must
account
for
all
of
the
following:
12
a.
The
lining
of
the
unformed
digester
structure
must
be
13
constructed
with
materials
deemed
suitable
by
rules
adopted
by
14
the
department
in
order
to
minimize
seepage
loss
through
the
15
lining’s
seal.
16
b.
The
unformed
digester
structure
must
be
constructed
with
17
materials
deemed
suitable
by
rules
adopted
by
the
department
in
18
order
to
control
erosion
on
the
unformed
digester
structure’s
19
berm,
side
slopes,
and
base.
20
c.
The
unformed
digester
structure
must
be
constructed
to
21
minimize
seepage
into
near-surface
water
sources.
22
d.
The
top
of
the
floor
of
the
unformed
digester
structure’s
23
liner
must
be
above
the
groundwater
table
as
determined
by
24
the
department.
If
the
groundwater
table
is
less
than
two
25
feet
below
the
top
of
the
liner’s
floor,
the
unformed
digester
26
structure
shall
be
installed
with
a
synthetic
liner.
If
27
the
department
allows
an
unformed
digester
structure
to
be
28
located
at
a
site
by
permanently
lowering
the
groundwater
29
table,
the
department
shall
confirm
that
the
proposed
system
30
meets
standards
necessary
to
ensure
that
the
unformed
digester
31
structure
does
not
pollute
groundwater
sources.
If
the
32
department
allows
drain
tile
installed
to
lower
a
groundwater
33
table
to
remain
where
located,
the
department
shall
require
34
that
a
device
be
installed
to
allow
monitoring
of
the
water
in
35
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989
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91
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H.F.
989
the
drain
tile
line.
The
department
shall
also
require
the
1
installation
of
a
device
to
allow
shutoff
of
the
drain
tile
2
lines,
if
the
drain
tile
lines
do
not
have
a
surface
outlet
3
accessible
on
the
property
where
the
digester
structure
is
4
located.
5
3.
a.
The
department
shall
conduct
a
routine
inspection
6
of
each
unformed
digester
structure
at
least
once
each
year.
7
A
routine
inspection
conducted
pursuant
to
this
paragraph
8
shall
be
limited
to
a
visual
inspection
of
the
site
where
the
9
unformed
digester
structure
is
located.
The
department
shall
10
inspect
the
site
at
a
reasonable
time
after
providing
at
least
11
twenty-four
hours’
notice
to
the
person
owning
or
managing
the
12
anaerobic
digester
system.
The
visual
inspection
must
include
13
but
is
not
limited
to
determining
whether
any
of
the
following
14
exist:
15
(1)
An
adequate
freeboard
level.
16
(2)
The
seepage
of
a
liquid
from
the
unformed
digester
17
structure.
18
(3)
Erosion.
19
(4)
Inadequate
cover.
20
(5)
The
presence
of
an
opening
allowing
liquid
to
drain
from
21
the
unformed
digester
structure.
22
b.
Paragraph
“a”
does
not
restrict
the
department
from
23
conducting
an
inspection
of
an
anaerobic
digester
system
which
24
is
not
routine.
25
Sec.
21.
NEW
SECTION
.
459.720
Special
construction
26
restrictions
——
unformed
digester
structures.
27
1.
a.
Except
as
provided
in
paragraph
“b”
,
a
person
shall
28
not
construct
an
unformed
digester
structure
on
karst
terrain.
29
b.
A
person
may
construct
an
unformed
digester
structure
30
on
karst
terrain
if
there
is
a
twenty-five-foot
vertical
31
separation
distance
between
the
bottom
of
the
unformed
digester
32
structure
and
underlying
limestone,
dolomite,
or
other
soluble
33
rock.
34
2.
A
person
shall
not
construct
an
unformed
digester
35
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989
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91
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H.F.
989
structure
in
an
area
that
drains
into
a
known
sinkhole.
1
3.
A
person
shall
not
construct
or
expand
an
unformed
2
digester
structure
within
an
agricultural
drainage
well
area
3
as
provided
in
section
460.205.
4
Sec.
22.
NEW
SECTION
.
459.721
Duty
of
removal.
5
The
owner
of
a
digester
structure
that
is
part
of
an
6
anaerobic
digester
system
that
discontinues
use
shall
remove
7
all
digester
manure,
digester
feedstock,
and
digestate
from
the
8
digester
structure
within
six
months
following
the
date
that
9
the
anaerobic
digester
system
is
discontinued.
10
Sec.
23.
NEW
SECTION
.
459.731
Distance
requirements
for
11
digester
structures
——
air
quality.
12
A
separation
distance
requirement
applies
between
a
digester
13
structure
that
is
part
of
the
anaerobic
digester
system
and
an
14
object
or
location
described
in
section
459.202
as
follows:
15
1.
The
anaerobic
digester
system
and
its
identified
16
confinement
feeding
operation
as
provided
in
section
459.705
17
shall
be
deemed
to
be
a
single
confinement
feeding
operation,
18
and
the
digester
structure
shall
be
deemed
to
be
a
manure
19
storage
structure
that
is
part
of
the
identified
confinement
20
feeding
operation.
21
2.
The
separation
distance
shall
be
determined
according
22
to
the
date
that
the
digester
structure
was
constructed
or
23
expanded
according
to
the
relevant
table
in
section
459.202,
24
subsections
1
through
5,
subject
to
section
459.202,
subsection
25
6,
and
subject
to
provisions
allowing
the
expansion
of
prior
26
constructed
confinement
feeding
operations
under
section
27
459.203
and
exceptions
to
separation
distance
requirements
in
28
section
459.205.
29
3.
For
purposes
of
this
section,
a
digester
structure
30
that
is
part
of
an
anaerobic
digester
system
identified
with
31
an
open
feedlot
operation
shall
be
deemed
to
be
part
of
an
32
anaerobic
digester
system
identified
with
a
confinement
feeding
33
operation.
34
Sec.
24.
NEW
SECTION
.
459.732
Distance
requirements
for
35
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91
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23
H.F.
989
digester
structures
——
water
quality.
1
1.
The
same
separation
distance
requirements
and
2
exceptions
to
those
separation
distance
requirements
that
apply
3
to
a
confinement
feeding
operation
structure
and
an
object
or
4
location
for
which
separation
is
required
in
section
459.310
5
apply
to
a
digester
structure
and
that
same
object
or
location.
6
2.
For
purposes
of
this
section,
a
digester
structure
7
that
is
part
of
an
anaerobic
digester
system
identified
with
8
an
open
feedlot
operation
shall
be
deemed
to
be
part
of
an
9
anaerobic
digester
system
identified
with
a
confinement
feeding
10
operation.
11
Sec.
25.
NEW
SECTION
.
459.733
Digestate
management
——
water
12
quality.
13
If
digestate
is
applied
on
land
subject
to
a
manure
14
management
plan
or
a
nutrient
management
plan,
the
manure
15
management
plan
or
nutrient
management
plan
must
be
attached
16
with
a
digestate
management
supplement.
The
digestate
17
management
supplement
must
include
all
of
the
following:
18
1.
Calculations
necessary
to
determine
the
land
area
19
required
for
the
application
of
the
digestate
and
manure
from
a
20
confinement
feeding
operation
or
effluent
from
an
open
feedlot
21
operation.
22
2.
The
nutrient
concentrations
of
the
digestate.
23
Sec.
26.
NEW
SECTION
.
459.734
Stockpiling
dry
digester
24
feedstock
or
dry
digestate
——
air
quality.
25
1.
A
person
may
stockpile
dry
digester
feedstock
or
dry
26
digestate
subject
to
this
section.
27
2.
a.
Except
as
provided
in
paragraph
“b”
,
the
person
shall
28
not
stockpile
dry
digester
feedstock
or
dry
digestate
within
29
one
thousand
two
hundred
fifty
feet
from
a
residence
not
owned
30
by
the
titleholder
of
the
land,
a
commercial
enterprise,
a
bona
31
fide
religious
institution,
an
educational
institution,
or
a
32
public
use
area.
33
b.
The
person
may
stockpile
dry
digester
feedstock
or
34
dry
digestate
within
a
separation
distance
required
between
35
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989
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91
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23
H.F.
989
the
stockpiled
dry
digestate
and
an
object
or
location
for
1
which
separation
is
required
under
paragraph
“a”
,
if
the
2
titleholder
of
the
land
benefiting
from
the
separation
distance
3
requirement
executes
a
written
waiver
with
the
titleholder
of
4
the
land
where
the
dry
digester
feedstock
or
dry
digestate
is
5
stockpiled.
6
Sec.
27.
NEW
SECTION
.
459.735
Stockpiling
dry
digestate
7
——
water
quality.
8
A
person
may
stockpile
dry
digestate
subject
to
this
9
section.
10
1.
The
person
stockpiling
dry
digestate
shall
comply
with
11
applicable
requirements
of
the
national
pollutant
discharge
12
elimination
system
pursuant
to
the
federal
Water
Pollution
13
Control
Act.
14
2.
a.
The
person
shall
not
stockpile
dry
digestate
within
15
the
following
distances
to
a
designated
area
unless
the
16
dry
digestate
is
maintained
in
a
manner
that
will
not
allow
17
precipitation-induced
runoff
to
drain
from
the
dry
digestate
18
to
the
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.
The
person
shall
not
stockpile
dry
digestate
within
two
23
hundred
feet
from
a
terrace
tile
inlet
or
surface
tile
inlet
24
unless
the
dry
digestate
is
maintained
in
a
manner
that
will
25
not
allow
precipitation-induced
runoff
to
drain
from
the
dry
26
digestate
to
the
terrace
tile
inlet
or
surface
tile
inlet.
27
c.
The
person
shall
not
stockpile
dry
digestate
in
a
grassed
28
waterway,
where
water
pools
on
the
soil
surface,
or
in
any
29
location
where
surface
water
will
enter
the
stockpiled
dry
30
digestate.
31
d.
The
person
shall
not
stockpile
dry
digestate
on
land
32
having
a
slope
of
more
than
three
percent
unless
methods,
33
structures,
or
practices
are
implemented
to
contain
the
34
stockpiled
dry
digestate,
including
but
not
limited
to
35
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989
(2)
91
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23
H.F.
989
using
hay
bales,
silt
fences,
temporary
earthen
berms,
1
or
other
effective
measures,
and
to
prevent
or
diminish
2
precipitation-induced
runoff
from
the
stockpiled
dry
digestate.
3
3.
A
person
shall
remove
stockpiled
dry
digestate
and
apply
4
it
in
the
same
manner
as
manure
under
subchapter
III,
including
5
but
not
limited
to
section
459.311,
within
six
months
after
the
6
dry
digestate
is
stockpiled.
7
Sec.
28.
NEW
SECTION
.
459.736
Stockpiling
dry
digestate
——
8
special
requirements
——
water
quality.
9
A
person
may
stockpile
dry
digestate
on
karst
terrain
or
in
10
an
alluvial
aquifer
in
compliance
with
the
following:
11
1.
The
person
must
stockpile
the
dry
digestate
at
a
location
12
where
there
is
a
vertical
separation
distance
of
at
least
five
13
feet
between
the
bottom
of
the
stockpiled
dry
digestate
and
14
the
underlying
limestone,
dolomite,
or
other
soluble
rock
in
15
karst
terrain
or
the
underlying
sand
and
gravel
aquifer
in
an
16
alluvial
aquifer
area.
17
2.
The
dry
digestate
must
be
stockpiled
on
reinforced
18
concrete
at
least
five
inches
thick.
19
Sec.
29.
NEW
SECTION
.
459.737
Applying
liquid
digestate
20
——
air
quality.
21
1.
Except
as
provided
in
subsection
2,
the
separation
22
distance
required
between
the
application
of
liquid
manure
23
on
land
and
a
residence
not
owned
by
the
titleholder
of
the
24
land
or
a
designated
object
or
location
as
provided
in
section
25
459.204
shall
be
the
same
separation
distance
required
between
26
the
application
of
liquid
digestate
on
land
and
a
residence
not
27
owned
by
the
titleholder
of
the
land
or
designated
object
or
28
location.
29
2.
The
same
exceptions
that
allow
a
person
to
apply
liquid
30
manure
on
land
within
the
separation
distance
required
in
31
section
459.204
as
provided
in
section
459.205,
subsection
32
4,
apply
to
allow
a
person
to
apply
liquid
digestate
on
land
33
within
that
separation
distance.
34
Sec.
30.
NEW
SECTION
.
459.738
Applying
digestate
on
35
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91
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23
H.F.
989
snow-covered
or
frozen
ground
——
water
quality.
1
A
person
may
apply
digestate
on
snow-covered
or
frozen
2
ground,
except
to
the
extent
otherwise
provided
by
applicable
3
requirements
for
manure
in
this
chapter,
including
section
4
459.313A,
or
the
national
pollutant
discharge
elimination
5
system
pursuant
to
the
federal
Water
Pollution
Control
Act.
6
Sec.
31.
NEW
SECTION
.
459.811
Anaerobic
digester
systems
7
——
violations.
8
A
person
who
violates
section
459.731
or
459.734
shall
be
9
subject
to
the
same
penalty
as
provided
in
section
459.602,
and
10
a
person
who
violates
any
other
provision
of
subchapter
VII
11
shall
be
subject
to
the
same
penalty
as
provided
in
section
12
459.603.
Any
civil
penalty
and
interest
on
a
civil
penalty
13
collected
under
this
section
shall
be
credited
to
the
Iowa
14
nutrient
research
fund
created
in
section
466B.46.
15
Sec.
32.
NEW
SECTION
.
459A.209
Digestate
application
16
supplement
to
nutrient
management
plan.
17
If
digestate
is
applied
on
land
subject
to
a
nutrient
18
management
plan
pursuant
to
section
459A.208,
the
nutrient
19
management
plan
must
be
attached
with
a
digestate
management
20
supplement
as
provided
in
section
459.733.
21
Sec.
33.
CODE
EDITOR
DIRECTIVES.
22
1.
The
Code
editor
is
directed
to
create
new
parts
in
new
23
subchapter
VII
of
chapter
459
as
follows:
24
a.
Part
1
shall
include
sections
459.701
through
459.710.
25
b.
Part
2
shall
include
sections
459.711
through
459.730.
26
c.
Part
3
shall
include
sections
459.731
through
459.738.
27
2.
The
Code
editor
is
directed
to
make
the
following
28
transfers
to
new
subchapter
VIII
of
chapter
459:
29
a.
Section
459.601
to
section
459.801.
30
b.
Section
459.602
to
section
459.802.
31
c.
Section
459.603
to
section
459.803.
32
d.
Section
459.604
to
section
459.804.
33
e.
Section
459.605
to
section
459.805.
34
3.
The
Code
editor
is
directed
to
correct
internal
35
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989
(2)
91
da/ns/md
22/
23
H.F.
989
references
in
the
Code
and
in
any
enacted
legislation
as
1
necessary
due
to
enactment
of
this
section.
2
Sec.
34.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
3
immediate
importance,
takes
effect
upon
enactment.
4
Sec.
35.
CONTINUED
APPLICABILITY
OF
REGULATORY
PRACTICE.
5
1.
Notwithstanding
the
provisions
of
this
Act,
on
and
6
after
the
effective
date
of
this
Act
the
department
of
7
natural
resources
shall
regulate
activities
related
to
the
8
construction,
expansion,
and
operation
of
anaerobic
digester
9
systems,
including
the
storage
and
use
of
materials
including
10
manure
and
digester
feedstock
in
the
digestion
process,
the
11
processing
of
digestates,
and
the
storage
and
application
of
12
digestates,
in
substantially
the
same
manner
as
the
department
13
regulated
those
activities
on
March
1,
2025.
14
2.
This
section
is
repealed
on
the
publication
date
of
15
the
edition
of
the
Iowa
administrative
bulletin
that
includes
16
a
statement
by
the
director
of
the
department
of
natural
17
resources
that
all
rules
required
to
effectively
administer
18
and
enforce
the
provisions
of
this
Act
have
been
adopted.
The
19
department
shall
forward
a
copy
of
the
statement
to
the
Iowa
20
Code
editor
prior
to
its
publication
in
the
Iowa
administrative
21
bulletin.
22
-23-
HF
989
(2)
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