(A) Except as otherwise provided by subsection (C) of this section, no new or expanding swine feeding operation shall be constructed where its closest waste facility is within a distance of one-half of a mile of any occupied residence not owned or leased by the owner or operator of the swine feeding operation.
(B) Except as otherwise authorized by this subsection, no liquid swine waste shall be land applied (other than by injection) within 500 feet of the nearest corner of an occupied residence not owned or leased by the owner of the swine feeding operation.
(C) The setbacks contained in subsections (A) and (B) of this section shall not apply if the applicable person, persons, entity or entities, such as property owner, mortgagee, deed of trust holder, or installment sale vendor, executes a written waiver with the owner or operator of the swine feeding operation, under such terms and conditions that the parties negotiate. The written waiver becomes effective upon recording of the waiver in the land records of Frederick County, Maryland. The filed waiver shall preclude enforcement of the setback requirements contained in subsections (A) and (B) of this section. A change in ownership of the applicable property or change in the ownership of the property on which the swine feeding operation is located shall not affect the validity of the waiver.
(D) No liquid swine waste shall be land applied within 300 feet of an existing public or private drinking water well.
(E) No swine feeding operation shall be established after September 25, 2000, which is located within 1 mile of a designated state, county, city, federal park, wildlife refuge, natural resources management area or wildland area.
(F) All distances between occupied residences and swine 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 Zoning Administrator. 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.
(G) All swine feeding operations must be located a minimum of 550 feet from all property lines.
(Ord. 00-29-271, 9-14-2000; Ord. 08-26-502, 10-14-2008; Ord. 14-23-678, 11-13-2014)