(1) Except as provided in Subsection (2), the division may not approve an operation plan or issue a permit for construction of a new facility that:
(a) incinerates infectious waste or chemotherapeutic agents; and
(b) is located within a two-mile radius of an area zoned residential on January 1, 2014.
(2) The division may approve renewal or modification of an operation plan or a permit for a facility that is in operation as of May 13, 2014.