ORDERS:
FINAL ORDER AND DECISION
This matter is before the South Carolina Administrative Law Judge Division ("Division")
upon the request of Ted King ("Petitioner") for a contested case hearing following the denial of a
septic tank permit application for property located at the corner of Fruit Hill and Halfway Swamp
Roads in Saluda County.
After notice to all parties, a hearing was conducted on September 15, 1998. The issues
considered were: (1) whether the site is suitable for a septic tank system and (2) whether the South
Carolina Department of Health and Environmental Control ("DHEC") properly denied the
Petitioner's septic tank application. Based on the evidence presented, Petitioner's application for
a septic tank permit is denied. Any issues raised in the proceedings or hearing of this case but not
addressed in this Order are deemed denied pursuant to ALJD Rule 29(C).
FINDINGS OF FACT
I make the following findings of fact, taking into consideration the burden on the parties to
establish their cases by a preponderance of the evidence and taking into account the credibility of
the witnesses:
1. The property, located at the corner of Halfway Swamp Road and Fruit Hill Road, is
owned by Petitioner. Petitioner purchased the property for residential purposes.
2. On April 13, 1998, Petitioner submitted his septic tank permit application to DHEC.
3. On May 6, 1998, William H. Burriss, III, of DHEC, conducted a site visit to
determine if the proposed property was suitable for a septic tank.
4. During his evaluation, Mr. Burriss observed the slope of the land, color of the soil,
rocks, vegetation, and standing water. Six soil bores were made during this evaluation. The findings
were as follows:
first bore: pale brown and gray colored soil at four inches, Seasonal High Water Table
at six inches, and the auger would not penetrate past 12 inches;
second bore: pale brown and gray colored soil from the surface down throughout the bore,
and the auger hit rock at 28 inches;
third bore: Seasonal High Water Table at 18 inches, and the auger hit rock at 19 inches;
fourth bore: Seasonal High Water Table at 11 inches, pale brown and gray colored soil
from the surface down throughout the bore, and the auger hit rock at 35
inches;
fifth bore: Seasonal High Water Table at less than 10 inches, and the auger hit rock at
23 inches;
sixth bore: Seasonal High Water Table at 10 inches, and the auger would not penetrate
past 32 inches.
5. The property is approximately thirteen acres. The topography of the site varies from
ponds, knolls, ridges, and swags to flat areas. The soil boring was conducted at various locations
throughout the site.
6. In all of the bores, a gray colored soil or clay was found at very shallow depths, which
indicates problems with water draining from the soil.
7. On May 12, 1998, the property was reevaluated by Mr. Burriss, Mark S. Marriner,
and Reid Houston. Four additional soil boring tests were conducted. These findings corresponded
with those determined by Mr. Burriss during his May 6 evaluation.
8. By letter dated May 18, 1998, DHEC notified Petitioner that the permit could not be
issued for construction of a septic tank at the proposed location because the soil conditions on the
property were not suitable for a septic tank system.
9. The seasonal high water table on the property is between nine and sixteen inches
below the original soil surface.
10. Restrictive soil of either massive clay or rock is present in the soil at the site at depths
between nine and forty inches.
CONCLUSIONS OF LAW
1. The Administrative Law Judge Division has subject matter jurisdiction in this action
pursuant to S.C. Code Ann. §§ 48-1-50 (1985), 1-23-600(B), and 1-23-310 et seq. (Rev. 1986 &
Supp. 1997).
2. S.C. Code Ann. § 44-1-140 (11) (1985) provides the authority for DHEC to
promulgate regulations relating to "septic tank" systems.
3. 24A S.C. Code Ann. Regs. 61-56 (1976) is the applicable DHEC regulation
governing individual waste disposal systems and the issuance of permits for those systems
commonly referred to as "septic tank" systems.
4. Before a septic tank permit will be granted, the site must meet standards set by
DHEC. 24A S.C. Code Ann. Regs. 61-56(V)(A) (1976).
5. A conventional septic tank system requires that the maximum seasonal high water
table for the proposed site be at least twenty-nine inches below the natural ground level to
accommodate the system (twenty-three inches for the absorption trench plus six inches below the
bottom of the trench). 24A S.C. Code Ann. Regs. 61-56(V)(B) & (VII)(B)(1) (1976).
6. Where a conventional septic tank system is not feasible, DHEC may allow an
alternate system for the treatment of sewage as long as the alternative system is within standards
established by DHEC. 24A S.C. Code Ann. Regs. 61-56(VI)(B) & (VII)(C) (1976).
7. A modified conventional septic tank system may be allowed if the maximum
seasonal high water table for the proposed site is at least twenty-one inches below the natural ground
level to accommodate the system (fifteen inches for the trench plus six inches below the bottom of
the trench).
8. An ultra shallow septic tank system requires the maximum seasonal high water table
for the proposed site be at least twelve inches below the natural ground level for the site to
accommodate the system. The soil must be a Class 3 at least eighteen inches below the natural
ground level.
9. An additional experimental septic tank system requires that the maximum seasonal
high water table for the proposed site be at least twelve inches below the natural ground level and
a Class 4 soil at least eighteen inches below the natural ground level for the site to accommodate the
system.
10. Fill dirt may be used to cover the absorption trench for the experimental system but
this system and the fill material cannot be used on sloping terrain. Petitioner's property is not
eligible for this system because of the slope of the property, the soil texture, and the depth of the
restrictive horizons.
11. In addition to the water table requirements, DHEC regulations require that the depth
to rock and other restrictive horizons must be greater than one foot below the bottom of the
absorption trench. 24A S.C. Code Ann. Regs. 61-56(V)(C) (1976). In other words, the bottom of
the absorption trench must be at least twelve inches above any restrict soils such as clay or rock.
12. In a conventional system that requires twenty-three inches below the surface, an
additional twelve inches requires a depth of thirty-five inches without encountering rocks or massive
clay soils. Likewise in a modified conventional system, which requires a depth of fifteen inches for
the trench, a total depth of twenty-seven inches is needed before reaching a restrictive horizon.
13. On Petitioner's property, the soil borings reveal that at most the seasonal high water
table is less than eighteen inches below the surface and restrictive horizons were reached at depths
between nine and forty inches depending on the location of the soil boring. In those areas where the
restrictive soil horizon is sufficient in depth, the seasonal high water table is too shallow. Likewise,
where the seasonal high water table is sufficient, the restrictive soil horizon is not deep enough.
14. Petitioner's property at the corner of Halfway Swamp Road and Fruit Hill Road does
not meet the minimum site conditions for an individual sewage treatment and disposal system under
24A S.C. Regs. 61-56, Section V; therefore, the site is not suitable for a septic tank system.
15. DHEC properly denied the Petitioner's septic tank application.
ORDER
IT IS THEREFORE ORDERED that the septic tank permit application of Ted King is DENIED.
AND IT IS SO ORDERED.
____________________________ ALISON RENEE LEE
Administrative Law Judge
October 22, 1998
Columbia, South Carolina. |
