(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.

Source Note: The provisions of this §285.40 adopted to be effective February 5, 1997, 22 TexReg 1114; amended to be effective June 13, 2001, 26 TexReg 4115