(a) For the purposes of this section:
(1) “Farm-generated organic waste” means waste associated with animal feeding operations including, but not limited to, animal bedding, manure, urine, silage, leachate, wastewaters associated with egg or dairy production, animal feed waste and barnyard runoff; and
(2) “Animal feeding operation” means a lot or facility on a farm, other than an aquatic animal production facility, where animals have been, are currently, or will be stabled or confined and fed or maintained for a total of forty-five days or more in any twelve-month period and where crops, vegetation, forage growth or post-harvest residues are not sustained in the normal growing season over any portion of such lot or facility.
(b) An anaerobic digestion facility shall not be required to obtain a permit to construct and operate pursuant to section 22a-208a if such facility is collocated with an animal feeding operation conducted on land used for the purpose of farming, as defined in section 1-1:
(1) The feed stock for such anaerobic digestion facility is at least fifty per cent by volume farm-generated organic waste from an animal feeding operation and not more than five per cent by volume food scraps, food processing residuals and soiled or unrecyclable paper;
(2) The discharge of such anaerobic digestion facility that is not energy end products shall be beneficially used in accordance with the following: (A) The solid material end products are used for (i) animal bedding, (ii) soil or soil amendment, (iii) fertilizer, or (iv) other value-added products; and (B) the liquid material end products are used as fertilizer. Any land application in the state of any such discharge, including, but not limited to, phosphorus, shall be applied at an agronomic rate that is consistent with the nutrient management plan of the farm on which such anaerobic digestion facility is located; and
(3) Annually, on or before July thirty-first of each year, each animal feeding operation, that is collocated with an anaerobic digestion facility that is operating pursuant to this section without the permit that would otherwise be required pursuant to section 22a-208a, shall submit to the Commissioner of Energy and Environmental Protection, in a form prescribed by the commissioner, the amount of farm-generated organic waste that is processed by such anaerobic digestion facility and shall indicate the amount of waste processed from such animal feeding operation and from other sources.
(c) The Commissioner of Agriculture may inspect anaerobic digestion facilities that are operating pursuant to this section without the permit that would otherwise be required pursuant to section 22a-208a to ensure that such anaerobic digestion facilities are in compliance with subdivision (1) of subsection (b) of this section. If, in the course of conducting such inspection, the commissioner finds that any such facilities are not in compliance with such subdivision, the commissioner shall report such findings to the Commissioner of Energy and Environmental Protection.
(d) If the Commissioner of Energy and Environmental Protection determines that (1) an anaerobic digestion facility that is operating pursuant to this section without the permit that would otherwise be required pursuant to section 22a-208a is not collocated with the operation of an animal feeding operation conducted on land used for the purpose of farming, or (2) such anaerobic digestion facility is processing more than five per cent by volume food scraps, food processing residuals and soiled or unrecyclable paper, the operator of such anaerobic digestion facility shall apply for a permit from the commissioner pursuant to section 22a-208a not later than five days after receiving notice of the commissioner's determination pursuant to this subsection. If such application for a permit pursuant to section 22a-208a is denied, such anaerobic digestion facility shall close not later than five days after receiving notice of such denial.
(e) The commissioner may adopt regulations, in accordance with the provisions of chapter 54, to carry out the purposes of this section.
(P.A. 19-35, S. 15.)
History: P.A. 19-35 effective June 28, 2019.