Sec. 40. "Confined feeding operation" means: (1) any confined feeding of: (A) at least three hundred (300) cattle; (B) at least six hundred (600) swine or sheep; (C) at least thirty thousand (30,000) fowl; or (D) at least five hundred (500) horses. (2) any animal feeding operation electing to be subject to IC 13-18-10 ; or (3) any animal feeding operation that is causing a violation of: (A) water pollution control laws; (B) any rules of the board; or (C) IC 13-18-10 . A determination by the department under this subdivision is appealable under IC 4-21.5 . [Pre-1996 Recodification Citation: 13-1-5.7-1(d), (g) part.]
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