Current through Register No. 13, March 27, 2025
(a) The receiving layer for an effluent
disposal area shall meet the following criteria before a site is considered
suitable for system design and approval, either as is or with modifications if
needed:
(1) If the proposed EDA is within 75
feet of a wetland boundary, then areas delineated as wetlands shall be further
classified as having poorly drained or very poorly drained soils, in accordance
with Env-Wq 1014.02 or Env-Wq 1014.03, as applicable;
(2) No EDA shall be sited within 75 feet of
wetlands that have very poorly drained soils;
(3) No EDA shall be sited within 50 feet of
poorly drained jurisdictional wetlands; and
(4) Subject to (e), below, the receiving
layer shall:
a. Have at least 2 feet of
permeable soil above any impermeable subsoil;
b. Have at least 3 feet of soil above
bedrock; and
c. Be under and a
minimum of 35 feet down-gradient of the proposed EDA, but no less than the
distance required by Env-Wq 1008.05, Table 1008-03 for any side- or
down-gradient fill extension.
(b) The 2 feet of permeable soil above any
impermeable subsoil required by (a)(4), above, may be created by placing fill
onto the subsoil, subject to the following conditions:
(1) The fill shall meet the criteria of (d),
below; and
(2) Any state or local
permits necessary to place the fill shall be obtained.
(c) The 3 feet of soil above bedrock required
by (a)(5), above, for the down-gradient receiving layer may be created by
placing fill onto the subsoil, subject to the following conditions:
(1) There shall be an average of 18 inches of
natural soil above the bedrock;
(2)
The fill shall meet the criteria of (d), below;
(3) Any state or local permits necessary to
place the fill shall be obtained; and
(4) Fill shall be placed prior to the
department issuing subdivision approval.
(d) Fill used to create a receiving layer in
accordance with this section shall:
(1)
Contain no tree stumps, sawdust, wood chips, tree bark, bricks, asphalt,
concrete, metal, wallboard, construction debris, or other such non-soil
materials;
(2) Contain no more than
25% by volume of cobbles larger than 6 inches in diameter or stones larger than
12 inches in diameter;
(3) Have a
percolation rate of not greater than 15 minutes per inch after placement and
compaction; and
(4) Be homogeneous,
and if bedding planes or other discontinuities are present, the applicant shall
submit detailed soil analysis from a person or laboratory qualified to perform
the analysis with the application to establish that the fill meets the above
criteria.
(e) If a
technology that has received approval under Env-Wq 1024 with a smaller
separation distance to impermeable soil or bedrock will be used on a property,
the separation distance(s) specified in the technology approval shall govern
the down-slope receiving area requirement.
(See Revision Note at chapter heading for Env-Wq 1000)
#9086, eff 2-9-08
