ORDERS:
CONSENT ORDER OF DISMISSAL
The parties herein, as evidenced by their signatures below, have resolved the issues
raised by Petitioner’s challenge to the wastewater construction permit issued by the South
Carolina Department of Health and Environmental Control to the James Island Public Service
District. Therefore, based on the Motion for Entry of Consent Order of Petitioner, as consented
to by Respondents, I set forth the following stipulated facts.
BACKGROUND
Petitioner Parrot Point, LLC, initiated this contested case by seeking administrative
review of a permit issued by the South Carolina Department of Health and Environmental
Control (“SCDHEC”) to the James Island Public Service District (“JIPSD”) authorizing
expansion of the JIPSD sewer system. Permit # 28,710-WW authorized construction of a sewer
line and pump station to the development located within the JIPSD’s service area known as
Lighthouse Point. Lighthouse Point is contiguous to property owned by Parrot Point, LLC,
known as Parrot Point.
Parrot Point consists of approximately 48 acres of high ground adjacent to Parrot Creek,
within the boundaries of the City of Charleston, but located on James Island, in Charleston
County. Parrot Point, LLC, has obtained all necessary approvals for development of this tract
into a single-family, residential subdivision of 27 waterfront lots, one interior lot, and a 15-acre
nature preserve. This subdivision is known as Belle Terre. Subdivision approvals for Belle
Terre are based on plans that depict installation of sewer lines to connect with the JIPSD sewer
system for wastewater treatment and disposal.
At present, the terminus of the JIPSD’s existing line is located over a mile from the
boundary of the Parrot Point tract. Because of the remote location of this line relative to the
boundaries of Belle Terre, Parrot Point, LLC, sought permission from SCDHEC to utilize septic
tanks as a method of wastewater treatment and disposal at Belle Terre. The use of septic tanks
was contemplated only as a temporary measure until sewer was available to Belle Terre. In
accordance with the policies of SCDHEC and of JIPSD, sewer is available to Belle Terre when
the sewer main is located a distance of no more than 300 feet from the boundary of Belle Terre.
Before Parrot Point, LLC, could obtain authorization from SCDHEC to utilize septic
tanks for wastewater treatment and disposal, it was required to obtain consent from the Berkeley-Charleston-Dorchester Council of Governments (“BCD-COG”). The BCD-COG consented to
the request of Parrot Point, LLC, to obtain subdivision approval for the use of septic tanks, but
its consent was contingent on the developer’s agreement to install sewer lines and to be ready to
connect to the JIPSD line once sewer became available.
Sewer service is available to Belle Terre, under the definition of availability utilized by
the BCD-COG, SCDHEC, and the JIPSD, when the JIPSD completes its plans for expansion, as
embodied in the wastewater construction permit that is the subject of this matter. Unfortunately,
based on the location and elevations of the JIPSD line and pump station, the permitted design of
the JIPSD expansion does not allow for wastewater from Belle Terre to gravity flow into the
JIPSD system. Parrot Point, LLC, initiated this case because of its obligations under its
agreement with BCD-COG and with SCDHEC, and because of its desire that sanitary sewer be
the permanent method of wastewater treatment and disposal at Belle Terre.
STIPULATIONS OF FACT
With the consent of all parties, I note the following stipulations of fact:
1.Petitioner is the owner of certain real property located on James Island, South Carolina,
within the City of Charleston, known as Parrot Point. Petitioner has obtained the necessary
approvals for a subdivision at Parrot Point known as Belle Terre.
2.Respondent JIPSD is a duly organized public service district responsible for providing
wastewater treatment and disposal services within the boundary of its service area. Belle Terre
is in the JIPSD’s service area.
3.At present, sewer is unavailable to Belle Terre, based on the location of the terminus of
the JIPSD’s sewer line. However, the JIPSD has sought approval from Respondent SCDHEC
for expansion of its sewer system.
4.The initial plans provided by the JIPSD, and approved by SCDHEC, provided for the
extension of a sewer line to the development adjacent to Belle Terre known as Lighthouse Point.
However, because of the permitted design of this expansion, which includes the construction of a
pump station, wastewater from Belle Terre could not gravity flow into the JIPSD’s system for
collection, treatment and disposal.
5.Petitioner’s subdivision approvals contemplate sanitary sewer as the permanent method
of wastewater treatment and disposal. In addition, Petitioner’s septic tank approvals from
SCDHEC contemplate sanitary sewer as the permanent method of wastewater treatment and
disposal. Finally, Petitioner entered into an Agreement with the BCD-COG, the entity charged
with enforcing consistency with the area-wide 208 water quality management plan. This
Agreement contemplated sanitary sewer as the permanent method of wastewater treatment and
disposal for Belle Terre.
6.In order to facilitate expansion of the JIPSD’s system so that this expansion will include
service to Belle Terre, Petitioner will convey land within Belle Terre for location of the JIPSD’s
pump station. That conveyance will be accomplished through the recording of a plat prepared by
Trico Engineering, dated March 26, 2004, and by execution of a deed from Parrot Point, LLC to
the JIPSD. A copy of the plat reflecting the lot to be transferred to the JIPSD is attached to this
Order as Exhibit 1.
7.To further facilitate expansion of the JIPSD’s system so that this expansion will include
service to Belle Terre, Petitioner will donate $75,000.00 to the JIPSD to assist in the cost of
construction of the pump station. A copy of a letter from Rex R. Robertson, as authorized agent
for Parrot Point, LLC, to Robert Wise, District Manager of the James Island Public Service
District, dated March 10, 2004, which reflects the agreement between the parties for a
contribution to assist in construction of the pump station is attached to this Order as Exhibit 2.
8.Based on Petitioner’s donation of land and contribution of funds for construction of a
pump station, the JIPSD has modified its construction plans for the expansion of its sewer
system. These modified plans, prepared by E. M. Seabrook, Jr., Inc., as engineer for the JIPSD,
dated March 31, 2004, reflect a design that allows connection by Belle Terre. These plans,
consisting of Sheet Numbers 1 through 14, of which Sheet Numbers 1, 3, 4, 5, and 14 reflect the
modifications of March 31, 2004, have been reviewed and approved by SCDHEC, and are
incorporated herein by reference.
9.Petitioner has designed its “Sewer Plan” so that it can install its lines in anticipation of
connection with the JIPSD line as revised by modification dated March 31, 2004, as set forth in
paragraph 8 above. Petitioner’s plan, dated June 21, 2001, and last revised March 27, 2004,
provides construction details for the installation of a sanitary sewer line and manholes and
indicates the connection of Belle Terre’s line with the JIPSD’s line at Schooner Road. This plan,
which has been reviewed and approved by SCDHEC, is incorporated herein by reference.
Therefore, based on these findings, it is, therefore ORDERED:
1.That Permit #28,710-WW be, and it is hereby, modified as is reflected in the plans
provided by E. M. Seabrook, Jr. dated March 31, 2004.
2. That Parrot Point, LLC, is authorized to construct its sewer line and to connect with the
expansion of the JIPSD’s line, depicted in the JIPSD’s modified plans as referenced in paragraph
#1 above, once this expansion is constructed. Construction of Parrot Point, LLC’s sewer lines
shall be governed by the plans provided by Trico Engineering, dated June 21, 2001 and last
revised March 27, 2004, and incorporated herein by reference.
And it is so Ordered.
_____________________________
The Honorable John D. Geathers
Administrative Law Judge Division
April 21, 20004 |