Current through Register No. 13, March 27, 2025
(a) Each lot created after September 1, 1989
shall contain not less than the area required for the greater of:
(1) A wastewater load of 600 GPD;
or
(2) The wastewater load
calculated for the proposed use based on the unit design flows specified in
Env-Wq 1008.03(e), table 1008-1.
(b) Lot size shall be calculated on the basis
of the site loading for each soil type on the lot, subject to the following:
(1) In all cases, the lot shall contain a
minimum of 20,000 contiguous square feet (ft2) of
soil suitable for a receiving layer;
(2) At least 4,000
ft2 of the contiguous area shall meet all applicable
requirements for the placement of an ISDS; and
(3) For lots on which the primary use is not
single-family residential, the area required by (a)(2) shall contain one or
more areas on which one or more EDAs designed to accept the proposed flow can
be installed.
(c) To show
the suitable contiguous area, the applicant shall:
(1) Show the area on the plan with the test
pit;
(2) Submit an acceptable ISDS
design meeting all applicable requirements of Env-Wq 1003 and having the
minimum design flow specified in (a), above; or
(3) Submit a copy of a department-issued
construction approval with approved plans and specifications, including test
pit data based on Munsell Soil Color Charts, for an ISDS on the lot having the
minimum design flow specified in (a), above.
(d) When test pits indicate conditions other
than those derived based on USDA-NRCS soil maps, the following shall apply:
(1) If reported soil conditions are better
than indicated by the USDA-NRCS soil maps and the submitted test pit data is
not consistent with the department's on-site inspection, the department shall
request new test pits for inspection by department staff to determine the
soil's capability for effluent disposal; and
(2) If reported soil conditions are worse
than indicated by the USDA-NRCS soil maps, the reported site conditions shall
be used as a basis for calculating minimum lot size.
(e) Land created by filling with soil from
off-site, as classified by the USDA-NRCS, shall be assessed on its own soil
characteristics.
(f) The following
areas shall not be included as available land when calculating minimum lot
size, even though a lot's boundaries might include these areas:
(1) Surface waters, including lakes, ponds,
rivers, and streams;
(2) Very
poorly drained soils;
(3) All land
within the protective well radius of an on-lot well;
(4) Any legally-established easement or
right-of-way, such as for utility lines or for passage, unless:
a.The grantor of the easement or right-of-way
reserved the right to dispose of sewage within the easement or right-of-way;
and
b.The easement or right-of-way
land area is not also counted as disposal area by the grantee;
(5) Areas of ledge outcrop;
and
(6) Any area having a slope in
excess of 35%.
(g) The
slope of a lot shall be determined by finding the average slope across the lot,
measured perpendicular to the contours.
(h) For lots with peaks, gullies, or ridges,
a composite average slope shall be used.
(See Revision Note at chapter heading for Env-Wq 1000)
#9086, eff 2-9-08
