HF 987 (LSB 2958HV (2) 91)

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 renewable fuel and digestate, providing fees, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

DIVISION I
COMMUNITY ANAEROBIC DIGESTER SYSTEMS

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

    Sec. 43.  Section 455A.4, subsection 1, paragraph b, Code 2025, is amended to read as follows:
   b.  Provide overall supervision, direction, and coordination of functions to be administered by the administrators under chapters 321G, 321I, 455B, 455C, 456A, 456B, 457A, 458, 458A, 459, 459A, 459B, 461A, 462A, 462B, 464A, 465C, 473, 481A, 481B, 483A, 484A, and 484B.
    Sec. 44.  Section 455B.103, subsection 4, unnumbered paragraph 1, Code 2025, is amended to read as follows:
   Conduct investigations of complaints received directly or referred by the commission created in section 455A.6 or other investigations deemed necessary. While conducting an investigation, the director may enter at any reasonable time in and upon any private or public property to investigate any actual or possible violation of this chapter, chapter 458, chapter 459, chapter 459A, chapter 459B, or the rules or standards adopted under this chapter, chapter 458, chapter 459, chapter 459A, or chapter 459B. However, the owner or person in charge shall be notified.
    Sec. 45.  Section 455B.112, Code 2025, is amended to read as follows:
   455B.112  Actions by attorney general.
   In addition to the duty to commence legal proceedings at the request of the director or commission under this chapter; chapter 458; chapter 459, subchapters I, II, III, IV, and VI; chapter 459A; or chapter 459B, the attorney general may institute civil or criminal proceedings, including an action for injunction, to enforce the provisions of this chapter; chapter 458; chapter 459, subchapters I, II, III, IV, and VI; chapter 459A; or chapter 459B, including orders or permits issued or rules adopted under this chapter; chapter 458; chapter 459, subchapters I, II, III, IV, and VI; chapter 459A; or chapter 459B.
    Sec. 46.  Section 455B.113, subsection 1, Code 2025, is amended to read as follows:
   1.  The director shall certify laboratories which perform laboratory analyses of samples required to be submitted by the department by this chapter; chapter 458; chapter 459, subchapters I, II, III, IV, and VI; or chapter 459A, or by rules adopted in accordance with this chapter; chapter 458; chapter 459, subchapters I, II, III, IV, and VI; or chapter 459A, or by permits or orders issued under this chapter; chapter 458; chapter 459, subchapters I, II, III, IV, and VI; or chapter 459A.
    Sec. 47.  Section 455B.115, Code 2025, is amended to read as follows:
   455B.115  Analysis by certified laboratory required.
   Laboratory analysis of samples as required by this chapter; chapter 458; chapter 459, subchapters I, II, III, IV, and VI; or chapter 459A; or by rules adopted, or by permits or orders issued pursuant to this chapter; chapter 458; chapter 459, subchapters I, II, III, IV, and VI; or chapter 459A shall be conducted by a laboratory certified by the director as having the necessary competence, equipment, and capabilities to perform the analysis. Analytical results from laboratories not certificated shall not be accepted by the director.
    Sec. 48.  Section 455B.174, subsections 1 and 3, Code 2025, are amended to read as follows:
   1.  Conduct investigations of alleged water pollution or of alleged violations of this part 1 of subchapter III,; chapter 458; chapter 459, subchapter III,; chapter 459A,; or chapter 459B,; or any rule adopted or any permit issued pursuant to this part 1 of subchapter III,; chapter 458; chapter 459, subchapter III,; chapter 459A,; or chapter 459B,; upon written request of any state agency, political subdivision, local board of health, twenty-five residents of the state, as directed by the department, or as may be necessary to accomplish the purposes of this part 1 of subchapter III,; chapter 458; chapter 459, subchapter III,; chapter 459A,; or chapter 459B.
   3.  Take any action or actions allowed by law which, in the director’s judgment, are necessary to enforce or secure compliance with the provisions of this part 1 of subchapter III or; chapter 458; chapter 459, subchapter III,; or of any rule or standard established or permit issued pursuant to this part 1 of subchapter III or; chapter 458; or chapter 459, subchapter III.
    Sec. 49.  Section 455B.175, subsection 1, unnumbered paragraph 1, Code 2025, is amended to read as follows:
   If there is substantial evidence that any person has violated or is violating any provision of, or any rule or standard established or permit issued pursuant to, this part 1 of subchapter III,; chapter 458; chapter 459, subchapter III,; chapter 459A,; or chapter 459B,; then one of the following may apply:
    Sec. 50.  Section 455B.182, Code 2025, is amended to read as follows:
   455B.182  Failure constitutes contempt.
   Failure to obey any order issued by the department with reference to a violation of this part 1 of subchapter III; chapter 458; chapter 459, subchapter III; chapter 459A; chapter 459B; or any rule promulgated or permit issued pursuant thereto shall constitute prima facie evidence of contempt. In such event the department may certify to the district court of the county in which such alleged disobedience occurred the fact of such failure. The district court after notice, as prescribed by the court, to the parties in interest shall then proceed to hear the matter and if it finds that the order was lawful and reasonable, it shall order the party to comply with the order. If the person fails to comply with the court order, that person shall be guilty of contempt and shall be fined not to exceed five hundred dollars for each day that the person fails to comply with the court order. The penalties provided in this section shall be considered as additional to any penalty which may be imposed under the law relative to nuisances or any other statute relating to the pollution of any waters of the state or related to public water supply systems and a conviction under this section shall not be a bar to prosecution under any other penal statute.
    Sec. 51.  Section 455B.185, Code 2025, is amended to read as follows:
   455B.185  Data from departments.
   The commission and the director may request and receive from any department, division, board, bureau, commission, public body, or agency of the state, or of any political subdivision thereof, or from any organization, incorporated or unincorporated, which has for its object the control or use of any of the water resources of the state, such assistance and data as will enable the commission or the director to properly carry out their activities and effectuate the purposes of this part 1 of subchapter III; chapter 458; chapter 459, subchapter III; chapter 459A; or chapter 459B. The department shall reimburse such agencies for special expense resulting from expenditures not normally a part of the operating expenses of any such agency.
    Sec. 52.  NEW SECTION.  459.104  Digestates.
   This chapter does not apply to digestate processed at a community anaerobic digester system as regulated in chapter 458, unless the digestate is combined with manure. 
    Sec. 53.  NEW SECTION.  459.312B  Digestate management supplement attached to nutrient management plan.
   If digestate is applied on land subject to a manure management plan pursuant to section 459.312, the manure management plan must be attached with a digestate management supplement as provided in section 458.323.
    Sec. 54.  NEW SECTION.  459A.106  Digestates.
   This chapter does not apply to digestate processed at a community anaerobic digester system as regulated in chapter 458 unless the digestate is combined with effluent. 
    Sec. 55.  NEW SECTION.  459A.208A  Digestate management supplement attached to nutrient management plan.
   If digestate is applied on land subject to a nutrient management plan pursuant to section 459A.208, the nutrient management plan must be attached with a digestate management supplement as provided in section 458.323.
    Sec. 56.  NEW SECTION.  459B.105  Digestates.
   This chapter does not apply to digestates processed at a community anaerobic digester system as regulated in chapter 458.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   GENERAL. This bill provides for the regulation of a community anaerobic digester system (system) by the department of natural resources (DNR) which must include a digester processing structure that primarily processes manure but may also process other organic feedstocks. The system produces a biogas which is a source of renewable fuel and a digestate which is a nutrient-rich material that may be applied to cropland.
   TERMINOLOGY. The bill provides for the regulation of off-farm systems. “On-farm” refers to real property used to produce agricultural animals or crops as compared to “off-farm” which refers to real property other than on-farm. Once manure or feedstock is received by the system, the manure is referred to as digester manure and the feedstock is referred to as digester feedstock. The off-farm system receives on-farm manure and either on-farm or off-farm feedstock. The digester manure or digester feedstock is subject to storage requirements. Different regulations apply to digester feedstock or digester manure that is dry or liquid. Digester manure or digester feedstock is classified as dry only if the digester manure or digester feedstock does not flow perceptibly under pressure, is not capable of being transported through a mechanical pumping device designed to move a liquid, and consists of molecules that do not flow freely among themselves. Generally, liquid digester manure and liquid digester feedstock must be stored in a liquid digester storage structure. Dry digester manure or dry digester feedstock must be stored as a dry digester stockpile or in a liquid digester storage structure. The digester manure or digester feedstock is used by a digester processing structure to produce biogas and a digestate. A digester processing structure must process manure as its primary source. Digestate is also referred to as dry or liquid based on the same criteria used for digester manure and digester feedstock. Liquid digestate is stored in a liquid digestate storage structure and dry digestate is stored as a stockpile or in a liquid digestate storage structure. The scope of the bill is limited to the off-farm construction, including expansion, of digester structures on the site of the system, the off-farm stockpiling of dry digester manure or feedstock on the site of the system, the off-farm storage and stockpiling of digestate on the site of the system, the removal of the digestate from the off-farm site of the system, and the on-farm storage and application of the removed digestate. Any reference in the bill to a digester structure means a covered liquid digester storage structure, a covered digester processing structure, or a covered liquid digestate storage structure. Any reference to a digester stockpile refers to a dry digester manure or feedstock stockpile or a dry digestate stockpile.
   REGULATION. The bill provides that a system cannot be identified with an animal feeding operation where animals are confined and fed and maintained for 45 days or more in any 12-month period. Identification occurs only if the system and the animal feeding operation are both (1) under common ownership or management and (2) adjacent.
   CONSTRUCTION. The bill provides that a construction permit must be issued by DNR prior to the construction of a digester structure. The requirements for a permit are based on permit requirements for the construction of manure storage structures. The application must include an engineering report, construction plans, and specifications prepared by a professional engineer. The bill provides for an application fee not to exceed $1,000. The bill also provides for construction design standards for a formed or unformed digester structure. The construction design standards must be based on uniform standards such as available standards promulgated by ASTM (American society for testing and materials) international. The design standards for unformed digester feedstock storage structures must account for the use of linings and erosion controls.
   SEPARATION DISTANCE REQUIREMENTS —— AIR QUALITY. The bill provides separation distance requirements as part of air quality and water quality standards. Generally, the separation distance requirements for air quality apply between a digester structure and either a residence not owned by the owner of the system or a designated object or location (commercial enterprise, bona fide religious institution, educational institution, public use area, or public thoroughfare). Other separation distances apply to the stockpiling of dry digester manure or feedstock, or digestate and those same designated objects or locations. The bill also provides separation distance requirements for air quality that apply between the digestate application site and the designated object or location. The separation distance requirements for air quality also provide for certain exceptions, including a waiver by a person benefiting from the separation distance.
   SEPARATION DISTANCE REQUIREMENTS —— WATER QUALITY. The bill provides a number of separation distance requirements between a digester structure and certain sources of water, including an agricultural drainage well, known sinkhole, lake, river, reservoir, creek, stream, or ditch. The bill provides separation distance requirements between digestate stockpiles and water sources, with exceptions that apply if measures are taken to reduce runoff. Special restrictions are placed on a stockpile located in karst terrain. The bill restricts the application of digestate on snow covered or frozen ground. 
   DIGESTATE MANAGEMENT. The bill provides that if digestate is applied on land subject to a manure management plan or nutrient management plan, such plan must be attached with a second document referred to as a digestate management supplement. The digestate management supplement must include information necessary to determine the land area required for the application of the digestate and the nutrient concentrations of the digestate. Finally, the bill requires the owner or manager of the system to maintain records regarding the system’s operation. 
   CIVIL PENALTIES. A person who violates an air quality regulation or water quality regulation is subject to a civil penalty based on a schedule established by DNR rule. The civil penalty cannot exceed $10,000 per violation. The civil penalty for a water quality violation may also be subject to a judicial civil penalty not to exceed $5,000 for each day of such violation.