(1) No person shall construct, operate or expand a poultry CAFO of any size without first obtaining a permit issued by the director.
(2) Two (2) or more poultry CAFOs under common control of the same person may be considered, for purposes of permitting, to be a single facility, even though separately their capacity is less than a large or medium poultry CAFO, if they use a common animal waste management system or land application site.
(3) The provisions of this section shall be applicable only to those poultry CAFOs constructed or modified after the effective date of this chapter.