1. Overview of Changes To State Livestock Regulations Definitions Federal Requirements Updated Regulations Who must apply When must they apply How to apply Permitting process Other Regulations

2. Definitions Animal Feeding Operation (AFO): An operation is an AFO if the following conditions are met: Animals are stabled or confined, and fed or maintained for a total of 45 days in any 12-month period. Vegetative growth or post harvest residues are not sustained during the normal growing season in the lot or facility. Concentrated Animal Feeding Operation (CAFO): An AFO which is defined as a Large CAFO or designated as a CAFO in accordance with NDAC Section 33-16-03.1-04.

3. Large CAFOs Is an AFO that stables or confines equal to or over the following animal numbers. 700 mature dairy cows 1,000 veal calves 1,000 cattle (beef/dairy heifers, steers, bulls, cow/calf pairs) 2,500 swine (55 pounds or more) 10,000 swine (less than 55 pounds) 500 horses 10,000 sheep or lambs also numbers for chickens, turkeys, and ducks

4. Medium AFOs Is an AFO that stables or confines, or has between the following animal numbers: 200-699 mature dairy cattle 300-999 veal calves 300-999 cattle (beef/dairy heifers, steers, bulls, cow/calf pairs) 750-2,499 swine (55 pounds or more) 3,000-9,999 swine (less than 55 pounds) 150-499 horses 3,000-9,999 sheep or lambs also numbers for chickens, turkeys, and ducks

5. Medium AFOs Requiring a Permit And meets one or both of the following conditions: Pollutants are discharged into waters of the U.S. through a man-made ditch, flushing system, or other similar man-made device or Pollutants are discharged directly into waters of the U.S. which originate outside of and pass over, across, or through the facility or otherwise come into direct contact with the animals confined in the operation.

6. Small AFOs Is an AFO that stables or confines, or has between the following animal numbers: 1-199 mature dairy cattle 1-299 veal calves 1-299 cattle (beef/dairy heifers, steers, bulls, cow/calf pairs) 1-749 swine (55 pounds or more) 1-2,999 swine (less than 55 pounds) 1-149 horses 1-2,999 sheep or lambs also numbers for chickens, turkeys, and ducks

7. Small AFOs Requiring a Permit An AFO which meets one or both of the following conditions and is not a medium AFO. Pollutants are discharged into waters of the U.S. through a man-made ditch, flushing system, or other similar man-made device. Pollutants are discharged directly into waters of the U.S. which originate outside of and pass over, across, or through the facility or otherwise come into direct contact with the animals confined in the operation. AND is designated by the NDDH

8. Updated Regulations Animal Units no longer exists Combination of Animals no longer exists “No Potential to Pollute” was added Does not include Large CAFO NMP can be kept on site with only certain information required to be sent to the department when submitting design plans Exceptions: Large CAFO, daily haul, Phosphorous Index is in the very high range, or spreading on frozen ground

9. Updated Regulations Written agreements for spreading manure on acres which are owned or operated by a different entity which is not under the control of the facility Record retention is required for not less than 3 years from the date generated for state approved facilities and not less than 5 years from the date generated for NDPDES permitted CAFOs Permit requires renewal every 5 years

10. Updated Regulations Capacity of containment facility increased to 270 days + 25 year 24 hour storm event Except for Swine, Poultry, and Veal which is 270 days + 100year 24 hour storm event Geological investigation Laboratory tests of liner material or in-situ material regardless of size 18” liner allowable for certain areas

11. Updated Regulations (Large CAFO) NDPDES Permit Required Record Keeping and Retention Annual Reporting Requires containment, “No potential to Pollute” does not apply Includes feed storage (ex. silage, potato waste, beet tailings) Department approved NMP Soil and manure tests

12. Who Must Apply? Large CAFOs Medium AFOs which cause or are likely to cause pollution to waters of the state or are within ¼ mile of surface waters of the state Medium AFOs which the department has determined to cause or are likely to cause pollution to waters of the state Small AFOs which the department has determined to cause or are likely to cause pollution to waters of the state

13. When must they apply? An existing CAFO shall submit a permit application by February 12, 2006 An existing medium AFO within ¼ mile of surface water shall submit a permit application by July 1, 2008 Compliance date set by the department

14. How to apply Applications and engineering assistance are available through the Department of Health www.health.state.nd.us/wq/AnimalFeedingOperations/ AFOProgram.htm www.health.state.nd.us/wq/AnimalFeedingOperations/ AFOProgram.htm Local NRCS Office 319 Watershed Coordinator The Department is also available for on-site visits if requested.

15. Permitting Process The department receives the design, NMP, etc. Information is reviewed for completeness. If any information is incomplete the department will contact the producer, 319, or the local NRCS office. If or when information is complete the department will continue the review for compliance with state law.

16. Permitting Process (cont.) When the design meets state regulations a permit or public notice will be issued. (public notice is dependant on size of facility) The permit is not finalized until it is signed by both the producer and health department officials. Construction can begin.

17. New Legislation House Bill 1291 Adopted into NDCC 23-25-11 Effective Aug 1, 2005 Changed the odor laws Changed the zoning for non-zoned counties

18. Odor Law City zoning or extraterritorial zoning Residence established before the agricultural operation Odor readings taken at property boundary Agricultural operation established before residence Odor readings taken 100 feet from residence but not less than 500 feet from property boundary Outside of city zoning authority Residence established before the agricultural operation Odor readings taken 100 feet from the residence Agricultural operation established before residence Odor readings taken at any point beyond one-half mile except for property owned by the operator of the facility

19. Odor Law If a county or township has zoned If setback distance is greater than one-half mile, odor reading will be taken at that setback distance rather than one-half mile, except for residence which was established before the animal feeding operation, unless an odor easement is obtained. A permitted animal feeding operation may expand its permitted capacity by 25% on one occasion without triggering a higher setback distance.

20. Odor Law There may be limitations required by local zoning authority such as: Setback requirements from roads residence Special use permits. Check with City, Township or County for zoning requirements.

21. Dead Animal Disposal Death from most diseases, must be disposed within 36 hours by: Burning Burying with at least 4 feet of cover Rendering by licensed rendering plant Composting Landfill Method approved by State Veterinarian. Must NOT dispose of carcass along public highway, stream, lake or river.

22. Further Information Brady Espe (328-5228) Michael Berg (328-5219) Karl Rockeman (328-5225) North Dakota Department of Health 1200 Missouri Ave. Bismarck, ND 58506-5520 Email: bespe@state.nd.usbespe@state.nd.us mdberg@state.nd.us krockema@state.nd.us