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 HF 989 (2) 91 da/ns/md

H.F. 989 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: 35 -1- HF 989 (2) 91 da/ns/md 1/ 23

H.F. 989 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. 35 -2- HF 989 (2) 91 da/ns/md 2/ 23

H.F. 989 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. 35 -3- HF 989 (2) 91 da/ns/md 3/ 23

H.F. 989 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. 35 -4- HF 989 (2) 91 da/ns/md 4/ 23

H.F. 989 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. 35 -5- HF 989 (2) 91 da/ns/md 5/ 23

H.F. 989 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 35 -6- HF 989 (2) 91 da/ns/md 6/ 23

H.F. 989 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 -7- HF 989 (2) 91 da/ns/md 7/ 23

H.F. 989 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 -8- HF 989 (2) 91 da/ns/md 8/ 23

H.F. 989 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 -9- HF 989 (2) 91 da/ns/md 9/ 23

H.F. 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 -10- HF 989 (2) 91 da/ns/md 10/ 23

H.F. 989 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 -11- HF 989 (2) 91 da/ns/md 11/ 23

H.F. 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 -12- HF 989 (2) 91 da/ns/md 12/ 23

H.F. 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 -13- HF 989 (2) 91 da/ns/md 13/ 23

H.F. 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 -14- HF 989 (2) 91 da/ns/md 14/ 23

H.F. 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 -15- HF 989 (2) 91 da/ns/md 15/ 23

H.F. 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 -16- HF 989 (2) 91 da/ns/md 16/ 23

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 -17- HF 989 (2) 91 da/ns/md 17/ 23

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 -18- HF 989 (2) 91 da/ns/md 18/ 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 -19- HF 989 (2) 91 da/ns/md 19/ 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 -20- HF 989 (2) 91 da/ns/md 20/ 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 -21- HF 989 (2) 91 da/ns/md 21/ 23