North Dakota's Confined Animal Feeding Operations are facing an impending deadline to meet federal regulations on wastewater runoff.

Protection of surface water is the purpose of a federal Clean Water Act program which is administered by the North Dakota Health Department. The goal is to keep waste runoff from confined animal feeding operations reaching surface waters.

The Morton County Natural Resources Conservation Service is hoping to gather more than $3 million in funding to fulfill its five-year plan to bring Morton's feedlots into compliance with federal regulation. Funds will be used to hire a program coordinator, but also to provide 60 percent in matching funds for projects.

The Morton County Commission recently gave its blessing to the Morton NRCS to apply for federal grant money through the health department. The NRCS's Sherry Bender hopes to have a program coordinator in place sometime by the end of spring, if the application is approved.

"The watershed coordinator is sort of a salesperson to go out and talk to people in the watershed area," Bender explained. "We'd like to install 22 ag waste systems in the watershed areas we've designated - Crown Butte, Sweet Briar, Otter Creek and the Heart River Corridor."

The NRCS report on the project indicates they've talked to about 13 percent of the property owners in the watersheds, and there is a general interest to participate. But Berry adds that a lot of work remains to be done, and the first year the coordinator will be holding a number of informational meetings along with talking to producers face-to-face.

Greg Sandness works for the health department in the area of program funding, while Carl Rockman handles regulatory aspects.

Rockman said the Environmental Protection Agency has provided the state the authority to regulate runoff from livestock facilities through the Clean Water Act.

According to Sandness, federal funding is available through the 319 program (referring to the section of the Clean Water Act that provides funding for cleanup projects).

Currently, the waste runoff program is voluntary, but producers are facing some major deadlines, according to Rockman.

The first is for large feedlot operations with 1,000 head of livestock or more. By July 2007, these operations are to be in compliance with regulations. Medium operations, those with 300 to 999 head, that are within a quarter-mile of surface water need to have a wastewater plan by July 2008, though they will be provided additional time to implement.

Rockman estimates there are about 100 large operations across the state and about two-thirds of those have been inspected and have plans in place.

Most of the organizations that are participating in the program are Soil Conservation Services, according to Sandness, with about 85 percent of the 319 program money going to Soil Conservation Services. Sandness adds that these organizations are important to the program because of the need for a local sponsor.

The local sponsor manages the 319 funds, paying for 60 percent of management projects. Sandness estimates there are 50 to 60 projects across the state similar to Morton's proposal. Most hire a coordinator for the projects.

One such project was taken on by the North Dakota Stockmen's Association in 2002. The association hired Scott Ressler to coordinate the project, acting as a go-between for the cattlemen and regulators.

Ressler explains that confined animal feeding operations are those facilities where animals are kept for more than 45 days in a 12-month period on a piece of ground that can't produce annual vegetation.

"We've got lots of operations in North Dakota that don't confine any livestock cows and those that don't are exempt," Ressler says. "This all got started in 1971 with the federal Clean Water Act, but it really wasn't a big deal until 2001 when the EPA redid its regulations making them much stricter."

Ressler estimates there are 90,000 fat cattle in North Dakota and about 11,500 cattle operations that fall in the medium category. Since the program came about, Ressler has visited at least 500 operations and has worked with 80 producers to build waste water management systems on one kind or another. A typical family operation has about 350 head.

"Nearly all the producers I've talked to understand why we have the rules. It's not their intention to pollute the waters that their families and animal use," Ressler says.

But there are concerns with the costs associated with managing the waste water.

Structural solutions include clean water diversions around the feedlot which eliminates clean water coming into the facilities and becoming contaminated.

There also are holding pond containment structures and agronomic application of waste to fields.

"It's been running around $300 to $400 a head, which admittedly is a Cadillac facility," Ressler says. "A facility built to get a feedlot permitted costs about $200 a head."

Of the 11,500 medium operations across the state, Ressler has no idea how many are in compliance with regulations. He points out there are just so many contractors, engineers and cost share dollars.

Cattle operators only need contact the Stockmen's Association to have Ressler come out and assess their situation at no charge.

The federal government provides about $5 million annually to North Dakota through the 319 program. Sandness says Congress has recognized the importance of the program and funding has been consistent.

But he notes that there is some turmoil within the current Congress and 2008 funding remains a big unknown.

Morton County has one of the highest concentrations of confinement feeding operations, most in the small to medium range, according to Bender. If the county's application is granted, a lot of learning will go on the first year.

"The nice thing about the 319 program is that it does give local organizations the opportunity to acquire federal funding directly. Obviously these organizations are often strapped for cash and are allowed to use some in-kind services for their portion of the local cost share," Sandness said.

"Sponsoring groups learn a lot about management practices when they run a project. These projects have an impact on just about everything downstream, from other livestock drinking to the water you and I drink."