For the purpose of this subchapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
CONFINED FEEDING. The confined feeding of animals for food, fur, or pleasure purposes in lots, pens, ponds, sheds, or buildings where food is supplied to the animals only by means other than grazing.
CONFINED FEEDING OPERATION.
(1) Any confined feeding at one time at one location of all 50 or more cattle, 100 or more swine or sheep, or 5,000 or more fowl;
(2) Any animal feeding operation electing to come under this section; or
(3) Any animal feeding operation that is causing a violation of I.C. 13-1-3 or any regulations of the Water Pollution Control Board.
REQUIRED SEPARATION DISTANCES.
(1) The defined feeding operation must be located so as to minimize odor problems. Any operation employing dry storage of the waste or liquid storage of the waste in or beneath the building, or in covered concrete pits must be located so as to provide the following minimum separation distances:
(a) Five hundred feet from a highway right-of-way;
(b) One thousand five hundred feet from neighboring residence;
(c) Two thousand five hundred feet from a public building (church, school, and the like); and
(d) Two thousand five hundred feet from a built-up area of five or more homes within a linear distance of 2,000 feet.
(2) Because of odors, fly, and mosquito problems associated with the use of open earthen pits or slurry tanks, additional separation distances must be provided for operations using such facilities, with minimum separation distances as follows:
(a) One thousand feet from a public highway right-of-way;
(b) Two thousand five hundred feet from a neighboring residence;
(c) Three thousand five hundred feet from a public building; and
(d) Three thousand five hundred feet from a built-up area of five or more homes within a linear distance of 2,000 feet.
(3) Odors resulting from spreading the accumulated waste, although of short duration, can be quite severe; consequently, the application land should be located so as to provide for at least the minimum separation distances outlined for operations using earthen open pits.
Penalty, see § 91.99