.0602 APPLICABILITY OF SETBACKS
(a) The minimum setback requirements in Table IX of Rule .0601(a) of this Section for SA waters, basements, property lines, and cuts of two feet or more vertical height, shall not apply to the installation of a single wastewater system serving a single-family residence with a maximum DDF of 480 gpd on a lot or tract of land that meets the following requirements:
(1) on July 1, 1977, is described in a deed, contract, other instrument conveying fee title, or in a recorded plat;
(2) is of insufficient size to satisfy the minimum setback requirements in Table IX of Rule .0601(a) of this Section for SA waters, basements, property lines, and cuts of two feet or more vertical height of this Section on July 1, 1977; and
(3) cannot be served by a community or public sewerage system on the date system construction is proposed to begin.
(b) For those lots or tracts of land described in Paragraph (a) of this Rule, the maximum feasible setback shall be required, but shall not be less than the minimum setbacks in Table XIII.
TABLE XIII. Minimum setbacks from wastewater systems to specific site features on lots described in this Rule
| Feature | Minimum setback in feet |
|---|---|
| SA waters from mean high-water mark | 50 |
| Basement | 8 |
| Property line | 5 |
| Cuts of two feet or more vertical height | 5 |
(c) For wastewater systems installed in Group I soils on lots or tracts of land that meet the requirements of Paragraph (a) of this Rule, the wastewater system shall be located the maximum feasible distance but no less than 10 feet from any other wastewater system.
(d) For wastewater systems installed on lots or tracts of land which, on July 1, 1982, are specifically described in a deed or recorded plat, and the wastewater system cannot meet the minimum setbacks in Table IX of Rule .0601(a) of this Section for groundwater lowering systems, the wastewater system shall be located the maximum feasible horizontal distance but no less than 10 feet from the groundwater lowering system.
(e) Any local board of health ordinances in effect on June 30, 1977, which establish greater minimum setback requirements than those provided for in this Section, shall remain in effect and shall apply to a lot or tract of land to which Table IX of Rule .0601(a) of this Section does not apply.
History Note: Authority G.S. 130A-335(e).