(a)

1. (1) Confinement buildings, settling basins, holding ponds, and other liquid animal waste containment structures shall not be constructed within one thousand three hundred twenty feet (1,320’) of the nearest existing occupied dwelling for confined animal operations in excess of the following numbers of animals:

   1. (A) Six hundred (600) beef cattle;
   2. (B) Four hundred thirty (430) dairy cows;
   3. (C) One thousand five hundred (1,500) finishing hogs;
   4. (D) Six hundred (600) sows;
   5. (E) Six thousand (6,000) nursery pigs;
   6. (F) Thirty-three thousand (33,000) turkeys; or
   7. (G) One hundred thirty thousand (130,000) chickens.

(b)

1. (1) A buffer distance of five hundred feet (500’) shall apply to all other facilities.
2. (2) These buffer distances shall not apply if the existing dwelling is owned by owners or operators of the liquid animal waste management system or if the adjoining property owner consents in writing.
3. (3) Confined animal operations existing as of 1992 and proposing to construct a liquid animal waste containment structure in order to reduce waste/wastewater runoff to waters of the state may be considered exempt from these buffer distances by the Director of the Division of Environmental Quality.
4. (4) These buffer distances do not apply to confinement buildings, settling basins, holding ponds, or other liquid animal waste containment structures existing as of the effective date of this part, nor do they apply to existing structures when a liquid animal waste permit modification is required due to a change in ownership.