South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
Sharon J. Pate et al. vs. SCDHEC

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioners:
Sharon J. Pate and John L. Clark

Respondent:
South Carolina Department of Health and Environmental Control
 
DOCKET NUMBER:
00-ALJ-07-0007-CC

APPEARANCES:
Petitioners & Representative:
Sharon J. Pate and John L. Clark, Pro Se

Respondent & Representative:
South Carolina Department of Health and Environmental Control, Cheryl H. Bullard, Esquire
 

ORDERS:

FINAL ORDER AND DECISION

In this matter Petitioners seek a septic tank permit for a lot located off Round Up Drive in Saluda County, South Carolina. The South Carolina Department of Health and Environmental Control (DHEC) opposes Petitioners' application and asserts that the water table is too high and that the subsoil creates an impermissible restrictive layer denying a septic tank permit. Petitioners' disagreement with DHEC's determination places jurisdiction in the Administrative Law Judge Division (ALJD). S.C. Code Ann. § 44-1-50 and § 1-23-600(B) (Supp. 1999). The hearing in this matter was held March 15, 2000 at the Edgar Brown Building, Columbia, South Carolina. Based upon the evidence and the argument presented by the parties, the septic tank permit is denied.



















Petitioners argue that they should be granted a permit for a waste disposal system on their property in Saluda County, South Carolina. DHEC disagrees with Petitioners and argues that the soil texture and water table level do not allow the use of a septic tank system.





I find by a preponderance of the evidence the following facts:



a. DHEC's Investigation



On August 27, 1999, Petitioners submitted an application to DHEC seeking permission to construct an individual sewage treatment and disposal system on land owned by Petitioners in Saluda County, South Carolina. A Saluda County DHEC official inspected the property on September 3 and 23, 1999, with the inspections seeking to determine whether the lot was suitable for construction of a septic tank. Based on data established from the inspection, the official concluded that neither a conventional nor an alternative-type individual sewage treatment and disposal system could be approved, and he notified Petitioners of the decision in an October 29, 1999 notice.



Two additional inspections were made by DHEC on November 9, 1999 and December 9, 1999 and these inspections utilized additional soil drillings. Again DHEC's data caused it to conclude that the property site was unacceptable for a conventional or an alternative-type individual sewage treatment and disposal system. Petitioners were notified of the findings in a notice dated December 13, 1999.



b. Soil Conditions



The evidence establishes that a seasonal high water table exists in a range between six and twenty-four inches below the ground surface. The most predominate depth for the seasonable high water table is from nine to eighteen inches below the surface.



Further, a concentration of massive clay exists between nine and thirty-five inches and shallow rock formations exist between fourteen and forty-five inches. The most predominate depth for finding heavy clayey soil is from nine to eighteen inches below the surface. Moreover, the massive clay is most often accompanied by an underlying layer of rock.







c. Factual Conclusion



Accordingly, given the soil texture and water table level, the property is not suitable for a conventional or an alternative-type individual sewage treatment and disposal system.





Based upon the above Findings of Fact, the following Conclusions of Law are entered:



a. Introduction



In general, before a permit will be granted, the site must meet standards set by DHEC. 24A S.C. Code Ann. Regs. § 61-56 (V) (A)(1976). The regulatory standards for a conventional or alternative-type system address water table depth and restrictive barriers in the subsoil. In this case, the property under review does not meet the required standards. Accordingly, the permit must be denied.



b. Seasonal High Water Table



Under the regulations, a conventional septic tank system requires that the maximum seasonal high water table for the proposed site be at least twenty-nine inches (29") below the natural ground level. See 24A S.C. Code Ann. Regs. § 61-56 (V)(B) & (VII)(B) (1976) (9 inches of soil over 14 inches of aggregate both of which must be 6 inches above the seasonal high water table). Further, where a conventional septic tank system is not feasible, DHEC may allow an alternative system for both the initial treatment of sewage and the final treatment and disposal of sewage as long as the alternative system is within standards established by DHEC. 24A S.C. Code Ann. Regs. § 61-56 (VI)(B)(1),(2) & (VII)(C)(1),(2) (1976). For example, 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 (21") below the natural ground level. This system relies upon 9 inches of aggregate plus 6 inches of soil plus the 6 inches needed above the seasonal high water table.



c. Restrictive Barrier



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). Since a conventional system requires a trench 23 inches below the surface, the addition of another 12 inches before encountering a restrictive horizon requires that a depth of 35 inches from the surface must be available before encountering a restrictive horizon. Likewise under a modified system, which requires a trench depth of 15 inches, a total depth of 27 inches is needed before reaching a restrictive horizon.



d. Regulations Applied to Petitioners' Lot



Here, the level of the seasonal high water table on Petitioners' lot is at depths as shallow as six inches. A conventional system requires 29 inches and a modified system requires 21 inches. Although one drilling revealed the seasonable high water table to be at 24 inches, massive clay was found at this level. Therefore, the location of that drilling did not meet the regulatory standards for restrictive horizons, a minimum of 35 inches below the ground surface for a conventional system and 27 inches for a modified system. Thus, the combination of the water table depth and the restrictive horizons on Petitioners' property prohibits the granting of a septic tank permit. 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.



In summary, under the evidence presented in this case, Petitioners' property does not meet the minimum site conditions for an individual sewage treatment and disposal system under 24A S.C. Code Ann. Regs. 61-56. Accordingly, no permit is allowed under Regs. 61-56.





Based upon the Findings of Fact and Conclusions of Law, the following ORDER is issued:



Petitioners' application for a septic tank permit for a lot off Round Up Drive in Saluda County, South Carolina is denied.



AND IT IS SO ORDERED





______________________

RAY N. STEVENS

Administrative Law Judge



Dated: May 15, 2000

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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