| (a) The permittee must locate the subsurface area drip
dispersal system a minimum horizontal distance of:
(1) 500 feet from public water wells, springs, or other
similar sources of public drinking water;
(2) 150 feet from private water wells; and
(3) 100 feet from surface water in the state.
(b) The permittee must locate the wastewater treatment
plant unit in accordance with §290.41(c)(1)(B) of this title
(relating to Water Sources) and §309.13(c) of this title (relating
to Unsuitable Site Characteristics).
(c) Buffer variance.
(1) The executive director may grant a variance to
a permittee operating a subsurface area drip dispersal system under
an existing authorization issued prior to November 1, 2006, to continue
the operation and use of any existing subsurface area drip dispersal
system located within the buffer zones listed in this section provided
that the system:
(A) is in compliance with the recharge feature plan
required by §222.79 of this title (relating to the Recharge Feature
Plan); or
(B) is certified by a licensed professional engineer
or licensed professional geoscientist determining that the existing
buffers will be protective of water quality.
(2) The permittee shall maintain documentation authorizing
variances of buffer zones on-site for the duration of the permit and
make it available to executive director staff upon request.
(d) The permittee shall not locate a subsurface area
drip dispersal system within a floodway. The permittee shall provide
the source of all data for determination of the floodway locations
and include a copy of the relevant Federal Emergency Management Agency
(FEMA) flood map or the calculations and maps used where a FEMA map
is not available.
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