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Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
Phyllis J. Kyseth, a/k/a Windwood Lane vs. SCDHEC

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
Phyllis J. Kyseth, a/k/a Windwood Lane

Respondent:
South Carolina Department of Health and Environmental Control
 
DOCKET NUMBER:
02-ALJ-07-0316-CC

APPEARANCES:
n/a
 

ORDERS:

CONSENT ORDER OF DISMISSAL

This matter is before me upon agreement by both parties to the entry of a Consent Order of Dismissal. This is an appeal filed by Petitioner Joy Kyseth of a denial of a permit application for a second septic tank system to be located on Ms. Kyseth's property known as 155 Windwood Lane, Berkeley County, South Carolina.

FINDINGS OF FACT

Based on the agreement of the parties, as evidenced by their signatures below, I make the following Findings of Fact:

1. Petitioner and her husband purchased 10.71 acres in the Windwood II Subdivision known as 155 Windwood Lane from William H. Jeffers on September 9, 1997.

2. On June 17, 1997, William H. Jeffers obtained Permit #1997040072 from Respondent Department of Health and Environmental Control (DHEC) to construct a septic tank system on this property to provide wastewater disposal for a three-bedroom home.

3. On July 24, 1997, Paul Gilbert obtained Permit #1997070019 from Respondent to construct a septic tank on this property to provide wastewater disposal for a three-bedroom home.

4. On December 7, 1998, Respondent combined the systems described in Permits #1997040072 and #1997070019 and reissued Permit #1997070019 to the Kyseths for a septic tank permit to provide wastewater disposal for the Kyseth's residence. In accordance with the terms of reissued Permit #1997070019, the septic tank system that the Kyseths are authorized to construct, and have constructed, is sized to provide wastewater disposal to a five-bedroom residence.

5. Because Respondent issued two permits for three-bedroom residences on the Kyseth's property before the Kyseths purchased the property, and because Petitioner has utilized only the area necessary for a five-bedroom system, the Kyseth's property has room to expand the existing system to accommodate six bedrooms.

6. The Kyseths have only five residents in their home: Petitioner, her husband, and their three children. Additionally, the Kyseths utilize only three bedrooms in their home. The remaining rooms, considered "bedrooms" for purposes of DHEC septic tank permitting, are used as an office and a playroom.

7. Petitioner has purchased a mobile home for her mother, and desires to move that mobile home onto Petitioner's property. Petitioner's efforts to obtain a separate septic tank system for her mother were the basis for the permitting action leading to this appeal.

8. Petitioner's mother lives alone. However, the floor plan of the mobile home indicates three bedrooms. Petitioner intends to convert two of these rooms by removing closets from these rooms. Following this conversion, Petitioner's mother's home will only contain one bedroom.

Based on these facts, and on Petitioner's representations that her mother's mobile home will be converted to a one-bedroom residence, the parties have agreed as follows:

A. Ms. Kyseth will update her application for a second septic tank, which is currently on file at the Department's offices in Moncks Corner, South Carolina, to reflect that her mother's mobile home is a one-bedroom residence.

B. Ms. Kyseth will remove the closets from two of the three bedrooms in her mother's mobile home, thus converting the mobile home to a one-bedroom residence. She will allow DHEC staff to enter and inspect the mobile home in order to verify the removal of the closets and the conversion.

C. Following the conversion of the mother's mobile home and inspection by DHEC employees, the Kyseths will extend each trench in their drainfield by thirteen feet to accommodate the additional flow from the second septic tank. The existing system has ten drainfields. Accordingly, the existing system will be expanded by adding a total of 130 feet of drainfield. This extension will afford the Kyseths the size of system originally approved for this property, that is, a system designed for six bedrooms.

D. The Kyseths will install an 890-gallon tank, connected to the mother's mobile home. The flow from this tank will be directed to the expanded drainfield.

CONCLUSIONS OF LAW

Based on the facts as agreed to by the parties, I conclude as a matter of law the following:

1. Under Regulation 61-56, the Kyseth's property is suitable for a septic system sized to accommodate six bedrooms.

2. Petitioner shall modify her mother's mobile home to convert it to a one-bedroom residence.

3. Following the conversion of the mother's mobile home and inspection by DHEC employees, Petitioner shall obtain an 890-gallon tank for use by the mother's mobile home. The tank will drain into Petitioner's expanded drainfield. Petitioner shall extend the trenches in her existing drainfield to accommodate the waste load from an additional bedroom. Such extension is estimated to be approximately 13 feet per trench, resulting in a total expansion of 130 feet.

4. Following completion of the above-described improvements, Respondent shall void Permits #1997040072 and #1997070019 and issue Petitioner a new permit reflecting the specifications set forth above.

AND IT IS SO ORDERED.

______________________________

The Honorable John D. Geathers

Administrative Law Judge





October 28, 2002

Columbia, South Carolina





I Consent:





s/Mary D. Shahid

Mary D. Shahid, Esq.

McNair Law Firm

For Petitioner



I Consent:





s/Matthew S. Penn

Matthew S. Penn, Esq.

South Carolina Department of Health

and Environmental Control

For Respondent


Brown Bldg.

 

 

 

 

 

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