| (a) Applicability. The following additional provisions apply
to the Edwards Aquifer recharge zone as defined in §285.2 of this title
(relating to Definitions) and are not intended to be applied to any other
areas in the State of Texas.
(b) Additional application requirements for new OSSFs. All
planning materials shall be submitted to the permitting authority by a professional
engineer or professional sanitarian.
(c) Conditions for obtaining an authorization to construct.
In order to obtain an authorization to construct in the Edwards Aquifer recharge
zone, the following conditions must be met.
(1) Minimum lot sizes. Each lot or tract of land on the recharge
zone on which OSSFs are to be located shall have an area of at least one acre
(43,560 square feet) per single family dwelling.
(2) Minimum separation distances from recharge features.
(A) No sewage treatment tank or holding tank may be located
within 50 feet of a recharge feature as defined in §285.2 of this title.
(B) No soil absorption system may be located within 150 feet
of a recharge feature.
(C) Additional separation distances in §285.91(10) of
this title (relating to Tables) shall be used.
(d) Existing OSSFs. OSSFs shall comply with the provisions
of this subchapter except as provided under §285.3(f)(1) of this title
(relating to General Requirements). If the OSSF is required to have a new
permit, the permit shall be obtained according to §285.3 of this title.
An OSSF installed on the recharge zone before April 11, 1977, in either Uvalde
or Kinney Counties is not required to be permitted, provided the OSSF is not
causing pollution, is not a threat to the public health, is not a nuisance,
and has not been altered.
(e) Exceptions for certain lots. Lots platted and recorded
with the following counties in their official plat record, deed, or tax records
before the date indicated in this subsection, are exempted from the one-acre
minimum lot size requirement, according to the conditions of subsection (f)
of this section. However, an Edwards Aquifer protection plan under Chapter
213 of this title (relating to Edwards Aquifer) may be required for construction
of regulated activities, including home construction:
(1) Kinney, Uvalde, Medina, Bexar, and Comal Counties--March
26, 1974;
(2) Hays County--June 21, 1984;
(3) Travis County--November 21, 1983; and
(4) Williamson County--May 21, 1985.
(f) Notice. Any owner who divides his property into two or
more residential lots, on which any part of the OSSF will be on the recharge
zone, must inform, in writing, each prospective purchaser, lessee, or renter
of the following:
(1) which lots within the regulated development are subject
to the terms and conditions of this section;
(2) that an authorization to construct shall be required before
an OSSF can be constructed in the subdivision;
(3) that a notice of approval shall be required for the operation
of an OSSF; and
(4) whether an application for a water pollution abatement
plan as defined in Chapter 213 of this title has been made, whether it has
been approved, and if any restrictions or conditions have been placed on that
approval.
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