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65-1,192. Preexisting facilities; application of separation distances.

65-1,192

Chapter 65.--PUBLIC HEALTH
Article 1.--SECRETARY OF HEALTH AND ENVIRONMENT, ACTIVITIES

      65-1,192.   Preexisting facilities; application ofseparation distances.When a swine facility exists prior tothe construction of a habitable structure or designation of apark as a city, county, state or federal park that would otherwise be locatedwithin the separation distance for a waste retention lagoon or pond or theseparation distance for land on which manure or wastewater from the facilityhas been or is being applied, the separation distance requirement shall notapply to such structure or park since the owner of such structureor park is expected to know and understand that such structure orpark, if located in that location, will be subject toagricultural sights, sounds, odors and other characteristics offarming from the preexisting swine facility.

      History:   L. 1998, ch. 143, § 15; May 7.

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