(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.

Source Note: The provisions of this §222.81 adopted to be effective July 5, 2006, 31 TexReg 5308; amended to be effective January 9, 2020, 45 TexReg 363