1. A. Except as otherwise provided by Section 9-210.2 if this title, the state shall be divided east and west based on the Indian Meridian for the purpose of determining setback requirements from occupied residences for animal feeding operations using a liquid animal waste management system where swine are primarily housed in a roof-covered structure and which were established between September 1, 1997, and June 1, 1998:

   1. 1. No new or expanding licensed managed feeding operation with a capacity of two thousand 2,000 or more animal units:

      1. a. Located in the eastern half of the state shall be constructed where its closest waste facility is within a distance of one-half (1/2) mile of any occupied residence not owned or leased by the owner or operator of the licensed managed feeding operation; or
      2. b. Located in the western half of the state shall be constructed where its closest waste facility is within a distance of three-fourths (3/4) mile of any occupied residence not owned or leased by the owner or operator of the licensed managed feeding operation.

   2. 2. No new or expanding animal feeding operation with a capacity of less than two thousand (2,000) animal units but more than one thousand (1,000) animal units:

      1. a. located in the eastern half of the state shall be constructed where its closest waste facility is located within a distance of one-fourth (1/4) mile of any occupied residence not owned or leased by the owner of the animal feeding operation, or
      2. b. located in the western half of the state shall be constructed where its closest waste facility is located within a distance of one-half (1/2) mile of any occupied residence not owned or leased by the owner of the animal feeding operation.
   3. 3. No new or expanding animal feeding operation with a capacity of more than three hundred (300) animal units but having one thousand (1,000) animal units or less shall be constructed where its closest waste facility is located within a distance of one-fourth (1/4) mile of any occupied residence not owned or leased by the owner of the animal feeding operation.
2. B. Except as otherwise authorized by this subsection, no liquid animal waste shall be land applied within five hundred (500) feet of the nearest corner of an occupied residence not owned or leased by the owner of the animal feeding operation.
3. C. Except as otherwise provided by Section 9-210.2 of this title, no concentrated animal feeding operation shall be established after September 1, 1997, which is within one (1) mile of ten or more residences which are occupied residences at the time of the establishment of the concentrated animal feeding operation.
4. D. The proscription contained in subsections A, B, and C of this section shall not apply if the applicable property owner executes a written waiver with the owner or operator of the animal feeding operation, under such terms and conditions that the parties negotiate. The written waiver becomes effective upon recording of the waiver in the offices of the recorder of deeds in the county in which such property is located. The filed waiver shall preclude enforcement of the setback requirements contained in subsections A, B and C of this section. A change in ownership of the applicable property or change in the ownership of the property on which the animal feeding operation is located shall not affect the validity of the waiver.
5. E. No liquid animal waste shall be land applied within three hundred (300) feet of an existing public or private drinking water well.

6. F. Except as otherwise provided by Section 9-210.2 of this title, no concentrated animal feeding operation shall be established after September 1, 1997, which is located:

   1. 1. Within three (3) miles of a state park or resort;
   2. 2. On land within three (3) miles of the incorporated limits of any municipality;
   3. 3. Within three (3) miles of the high water mark of a surface public water supply if the concentrated animal feeding operation is located within the drainage basin for the public water supply.
7. G. All distances between occupied residences and animal feeding operations shall be measured from the closest corner of the walls of the occupied residence to the closest point of the nearest waste facility, as determined by the State Department of Agriculture. The property boundary line of the real property is not used unless it coincides with the closest point of the waste facility or occupied residence.

Added by Laws 1997, HB 1522, c. 331, § 17, eff. September 1, 1997; Amended by Laws 1998, SB 1175, c. 404, § 14, emerg. eff. June 10, 1998 (superseded document available); Renumbered from 2 O.S. § 9-210.1 by Laws 2005, HB 1467, c. 292, § 25, emerg. eff. July 1, 2005.