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 |