A qualified swine facility, as defined by K.S.A. 79-32,204 , that expands to an animal unit capacity of 3,725 or more shall be subject to the provisions of this act applicable to a swine facility having an animal unit capacity of 1,000 to 3,724 if:
(a) The department determines that the swine waste management system of such facility on the effective date of this act has the capacity to accommodate the expanded capacity;
(b) the expansion is located within the perimeter from which separation distances are determined pursuant to subsection (k) of K.S.A. 65-171d and amendments thereto or the written agreements required by subsection (i)(1) of K.S.A. 65-171d and amendments thereto are obtained; and
(c) the expansion does not exceed the lesser of:
(1) An animal unit capacity that is ⅓ greater than the capacity of such facility on the effective date of this act; or
(2) an animal unit capacity of 4,499.