ORDERS:
CONSENT ORDER
This matter is before me by consent of the parties for entry of a consent order. The Petitioner, Annette
Dent, applied for a permit to install an individual waste disposal system from the Respondent, the South
Carolina Department of Health and Environmental Control (DHEC or Department). DHEC denied her
permit application, and the Petitioner timely requested a contested case hearing before the Division.
Prior to a hearing, it was brought to the attention of the Department that a structure had previously
existed on the site. After confirming that there was in fact a previously existing residence (See Exhibit
A), the Department concluded that DHEC cannot prohibit a septic tank from being constructed on this
site, under the law governing individual sewage disposal systems and the installation of electrical
service. See S.C. Code Ann. § 44-55-810 et seq. (1976 and Supp. 2000). Therefore, the parties request
that this contested case be dismissed.
THEREFORE, IT IS ORDERED that the above-referenced action is hereby dismissed with prejudice.
AND IT IS SO ORDERED.
________________________________
Ralph King Anderson, III
Administrative Law Judge
May 16, 2001
Columbia, South Carolina |
