The South Carolina Department of Health and Environmental Control (Department) and
William Burke (Petitioner), agree to the terms of this Consent Order of Dismissal as follows:
1.Petitioner acknowledges the Department’s opinion that the soils on his lot are not
suitable for an individual sewage treatment system, and that the Department
believes there is reasonable probability that the system will not function properly.
2.Petitioner believes that site modifications as advised by a Professional
Engineer will properly support an individual sewage treatment system.
3.Petitioner acknowledges that the South Carolina Department of Health
and Environmental Control is not liable for any damages to Petitioner’s
property or for costs associated with system repairs if Petitioner’s
individual sewage treatment and disposal system fails in the future.
4.Petitioner agrees to have his septic tank(s) pumped out every three years.
5.The Department consents to issue a permit for a subsurface individual sewage
treatment system sized to handle the waste load from a five-bedroom house, also
quantified as 600 gallons a day, based on the site modifications.
6.The system design must meet the setback requirements of Regulation 61-56.
7.The Parties further agree that violation of any of the terms or conditions of this
Consent Order of Dismissal shall be punishable by Contempt of Court.
CONSENTED TO:
FOR THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL
By: __________________________________________
Date:_________________________________________
FOR WILLIAM BURKE
By:___________________________________________
Date:__________________________________________
AND IT IS SO ORDERED.
______________________________________
The Honorable Marvin F. Kittrell
Chief Administrative Law Judge
Dated: December 30, 2004
Columbia, South Carolina
