Sites considered for a surface discharging system shall meet the following minimum requirements in addition to setback requirements outlined in 14 CAR § 21-502:

1. (1) The lot size for a surface discharging system shall be three (3) acres or greater;
2. (2) The point of discharge shall be three hundred feet (300’) or greater from any adjacent dwelling or commercial establishment;
3. (3) The point of discharge shall be one hundred fifty feet (150’) or greater from any adjacent property line not in the direction of horizontal flow;
4. (4) The point of discharge shall be two hundred feet (200’) or greater from any property line in the direction of flow on sites exhibiting slopes of twelve percent (12%) or less;
5. (5) The point of discharge shall be one hundred feet (100’) or greater from the dwelling or building served by the surface discharging system; and

6. (6)

   1. (A) The slope of the discharge area shall not be greater than twelve percent (12%).
   2. (B) However, variances for sites proposed for surface discharges that exhibit a slope greater than twelve percent (12%) may be requested of the Department of Health in writing.
   3. (C) Approval of such variances shall be at the sole discretion of the department.