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ATTACHMENT "A" <br />individual sale may be designed in accordance with Subsection (1)(C) above of <br />this Section D. <br />(E) Condominium Complexes. Condominium complexes utilizing on -site sewage <br />facilities shall meet the following requirements: <br />(1) The Owner applying for the OSSF permit shall identify the person who <br />will be legally responsible for compliance with all applicable OSSF <br />requirements. The application for OSSF permit shall include a sworn <br />(notarized) statement from such legally responsible person attesting that <br />such person accepts full legal responsibility for compliance with all <br />applicable OSSF requirements. In the event the designated legally <br />responsible party fails or refuses to comply with any applicable OSSF <br />requirements, the Department may institute appropriate enforcement <br />action against that person, or against one or more of the following parties <br />who the Department determines to be responsible for the noncompliance: <br />(i) the owner or manager of the condominium complex; (ii) the owner of <br />one or more individual condominium units; (iii) the legally constituted <br />condominium owners association for that condominium; (iv) a <br />maintenance company /provider contracted to provide maintenance for the <br />noncompliant OSSF. <br />(2) All requirements set forth in this Section D apply to condominium <br />complexes. <br />(3) Each individual condominium unit shall be equipped with a flow meter <br />capable of measuring the wastewater flow from that unit or a flow meter <br />capable of measuring the water usage for that unit. <br />(4) Maintenance of the OSSF for a condominium complex is subject to the <br />applicable maintenance, testing and reporting requirements of TCEQ's <br />Chapter 285 Rules and all maintenance shall be provided by a <br />Maintenance Company/Provider registered with TCEQ under such rules. <br />(F) Where multiple sources of water apply to one lot, the larger of the two (2) <br />minimum lot sizes shall govern. <br />(G) In instances where the actual design of the OSSF system proposed for use dictates <br />a larger minimum lot size required, such larger minimum lot size shall apply. <br />2. Lot Size Averaging. Only platted development may take advantage of these averaging <br />provisions. The minimum acreage requirements set forth in Table 10 -1 below may be <br />obtained by averaging the size of all Lots within a platted development so long as the <br />only Lots with acreage exceeding the minimum set forth in such table that may be <br />included in the averaging calculation shall be: <br />(A) Lots reserved by plat note for use as parkland or open space, or a private greenbelt <br />in which all owners or residents of the subdivision hold an equal, unrestricted and <br />indivisible right of access and use; or, <br />