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North Dakota Livestock Regulations Overview

Learn about North Dakota livestock regulations for CAFOs, permitting, water quality, air quality, odor enforcement, section 319 program, CNMP, manure management, zoning rules, and outreach programs.

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North Dakota Livestock Regulations Overview

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  1. Multi-StateCNMP Meeting Karl Rockeman P.E. North Dakota Department of Health Jill Helmuth, NRCS

  2. ND Permitting universe • Approximately 70 CAFO’s • Over 600 small and medium permitted operations • Mostly beef open lots • Some swine sow units • Few large dairies • Very little poultry

  3. ND Advantages • Glacial Till • Large land based/few livestock • Phosphorous-poor soils • Low rainfall, high evaporation

  4. ND Water Quality Rules • Rules for Large CAFO’s follow EPA standards • Only Large CAFO’s required to have permit • All operations(small-large) required to prevent impacts to waters of the state

  5. ND Water Quality Rules • 270 day minimum storage requirement • Have additional groundwater protection • 1/16 inch per day seepage rate • usually met with 2 feet thick compacted clay liner • in situ soils may be allowed

  6. ND Water Quality Rules • NMP’s required of all permitted operations • Nutrient Management Plan Requirements • Acreage requirement • Soil and manure testing • “typical” values

  7. ND Air Quality Rules • Currently no Air Quality permitting requirements • May be implemented due to federal EPA action on GHG reporting

  8. ND Odor Regulations- Nuisance laws • Apply to everyone • Odor readings taken on a complaint basis • Location where odor readings are taken based on • Applicable setback distances • Who was established first • Prohibit odors 7 Odor Concentration Units (O.C.U) or higher, as measured with scentometer

  9. ND Odor Regulations-Enforcement • Upon first apparent violation • notice of the apparent noncompliance • establish an odor management plan. • If another violation is documented more than 15 days after implementing the odor management plan enforcement action may be taken. • Violation must be documented by two inspectors and by two readings each, taken at least 15 minutes apart but no more than two hours apart

  10. ND H2S Regulations-Nuisance • Prohibits concentrations of H2S 0.05 ppm (50 ppb) or higher • Readings taken on a complaint basis at the complainants property boundary or in public areas • Violation if two readings taken at least 15 minutes apart, but within 2 hours, exceed 0.05 ppm (50 ppb)

  11. ND Zoning Rules • Townships, then Counties have zoning authority • Can only regulate nature, scope and location • Can not impose environmental requirements • Has been preempted by state law • State has “fall-back” setback distances where no local zoning is in place

  12. ND Section 319 Program • Provides cost share for conservation practices through 20 watershed coordinators and 2 statewide coordinators • Also includes education component through NDSU extension • Provided $2.2 Mil/yr for practices including Manure management systems, cover crops, riparian areas and septic systems. • $175,000 cap per system

  13. Waterspreading Design • Balance nutrient load with plant nutrient uptake. • Primarily level fields of alfalfa. • Challenge is to design the field to spread water evenly. • Maintaining the even distribution into the future?

  14. CNMP Planning Process • CAP 102 – CNMP • NRCS payment for complete planning of a system • Producer is eligible for future EQIP payments for components of system. • ND NRCS has utilized one TSP to do this work. • “Sticker Price”

  15. Engineering Practices Installed 2010 • 313 Ponds – 18 (1 w/ liner) • 632 Solids Separator -7 • 560 Access Road -12 • 561 Heavy Use Areas- 5 • 462 Precision Land Forming – 5 • 362 Diversion - 12

  16. EQIP Rates • 102- Conservation Activity Plan CNMP $10K • 313- Waste Storage Facility – 365 days • 462- Precision Land Forming – feedlot shaping- $1.26/cy • 561- Heavy Use Areas – capped at $30K • 521D- Pond Lining, Clay – $5.32/cy

  17. Manure Mineralization • Manure Application Timing • Soil Effects from Manure Applications • Discovery Farms Research

  18. North Dakota Discovery Farms • Intensive on farm runoff monitoring • Producer driven • Finding solutions • 3 sites- 2 AFO’s, one tile drainage • Based on Wisconsin Discovery Farms • WIDiscoveryFarms.org • www.ndsu.edu/nm

  19. Discovery Farms Pictures

  20. Outreach Work • Manure Applicator and CAFO Operator’s School • Composting Demonstration Day • Field Demos • Animal Euthanizing/Carcass Management Clinic • Nutrient Management Website (www.ndsu.edu/nm) • Nutrient Management News

  21. Extension Publications • Composting Animal Manure • Manure Spreader Calibration • Pond Markers • Animal Carcass Disposal • Turkey Carcass Composting • Land Application of Manure • Manure Sampling • Feedlot Assessment Tool Outreach Work

  22. ND Department of Health Feel free to contact us with any other questions Karl Rockeman (328-5225) Brady Espe (328-5228) North Dakota Department of Health 918 E Divide Ave 4th Floor Bismarck, ND 58501 Email: KRockema@nd.govBEspe@nd.gov www.ndhealth.gov

  23. ND NRCS • Jill Helmuth PE • Ag Engineer Bismarck State Office • 701-530-2086 • Ted Alme • Agronomist Bismarck State Office • 701-530-2079

  24. NDSU Extension Service • Chris Augustin • Nutrient Management Specialist • Carrington Research Extension Center • 701-652-2951 • www.ndsu.edu/nm • Teresa Dvorak • Nutrient Management Specialist-Livestock Systems • Dickinson Research Extension Center • 701-483-2348

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