ORDERS:
Stipulated Order of Dismissal
The South Carolina Department of Health and Environmental Control (Department) and
Terry L. Moore (Petitioner), agree to the terms of this Stipulated Order of Dismissal as follows:
●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.
●Petitioner believes that a system designed by a Professional Engineer will function
properly.
●The South Carolina Department of Health and Environmental Control is not liable
for any damages if Petitioner’s individual sewage treatment system fails in the
future.
●Petitioner agrees to have his septic tank(s) pumped out every three years.
●Petitioner and the Department agree that Petitioner will have his individual sewage
treatment system designed by a Professional Engineer. The system must be a
subsurface individual sewage treatment system sized to handle the waste load from
a three-bedroom house, also quantified as 360 gallons a day.
●The system design must meet the setback requirements of Regulation 61-56.
●The Department agrees to issue Petitioner a permit for an individual sewage
treatment system based on the designs submitted by the Professional Engineer.
For the issuance stage of the permit, the permit will incorporate by reference the
Professional Engineer’s design. For the approval stage of the permit, the permit
will state that the system was installed per the system design, if the system was
indeed installed per the design.
AND IT IS SO ORDERED.
_____________________________
C. Dukes Scott
Administrative Law Judge
August 27, 2003
Columbia, S.C. |
