Connecticut General Statutes
Chapter 446d - Solid Waste Management
Section 22a-208cc. - Certain anaerobic digestion facilities operating without certain permits. Regulations.

(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, and such animal feeding operation maintains a comprehensive nutrient management plan, as developed by the Natural Resources Conservation Service of the United States Department of Agriculture:
(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 forty 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 not in compliance with the requirements of subdivision (1) of subsection (b) of this section, 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. Any such permit application submitted pursuant to this subsection shall be approved or denied by the commissioner not later than one hundred eighty days after receipt of such application. 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.
(f) Notwithstanding any provision of the general statutes, any permit application submitted pursuant to section 22a-208a for such an anaerobic digestion facility that is not collocated with such an animal feeding operation but that is located on land used for the purpose of farming, as defined in section 1-1, shall be preapproved or predenied by the commissioner not later than one hundred eighty days after receipt by the commissioner concerning all matters that are entirely within the discretion or determination of the commissioner.
(P.A. 19-35, S. 15; P.A. 21-16, S. 1.)
History: P.A. 19-35 effective June 28, 2019; P.A. 21-16 amended Subsec. (b) by adding provision re comprehensive nutrient management plan, and changing food scrap volume from not more than 5 per cent to not more than 40 per cent in Subdiv. (1), amended Subsec. (d) by replacing provision re 5 per cent food scraps volume, food processing residuals and soiled or unrecyclable paper with provision re not in compliance with Subsec. (b)(1), and adding provision re permit application approval or denial by commissioner not later than 180 days after receipt of application, and added Subsec. (f) re preapproval or predenial by commissioner not later than 180 days after receipt of application for facility not collocated with animal feeding operation, effective May 26, 2021.

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