ORDERS:
ORDER AND DECISION
This matter comes before me upon petition for hearing following the denial of a septic tank permit
application for 1301 W. Old Orangeburg Road, Summerville, South Carolina, by the South Carolina Department of Health
and Environmental Control (hereinafter referred to as "DHEC"). A hearing was held on November 9, 1994. The issues
considered were: the site suitability of the property for a septic tank system and whether DHEC properly denied
Petitioner's septic tank permit application.
FINDINGS OF FACT
By a preponderance of the evidence, I find:
(1) The location at 1301 W. Old Orangeburg Road, Summerville, South Carolina, (hereinafter referred to as
"the property") is a lot owned by Petitioner and others.
(2) Petitioner applied to DHEC for a septic tank permit for a three (3) bedroom mobile home for the
property on June 30, 1993.
(3) DHEC personnel visited the property on September 9, 1993, October 22, 1993, and January 7, 1994, for a
site evaluation. Six (6) separate borings were made and soil absorption tests conducted. The results of the tests
indicated that the maximum seasonal high water table was no deeper than six inches (6") below the ground surface
for any of the boring sites
(Exhibit #4).
(4) Petitioner was informed of the results of the site evaluation and denial of the permit application by
letter dated January 10, 1994.
(5) Upon request of Petitioner, DHEC personnel reevaluated the site on January 31, 1994, making three (3)
new borings and soil samples. The results of the tests indicated that the maximum seasonal high water table was no
deeper than six inches (6") from the ground surface.
(6) Petitioner was informed of the results of the January 31, 1994, site evaluation and formally informed of
the denial of the permit application by Mark Marriner of DHEC by letter dated February 1, 1994.
(7) Mr. Marriner returned to the property with Mr. Pete Dunlap of DHEC on April 12, 1994, and met with
Petitioner's representative, Ms. Altanese Norris, to conduct further site evaluations and review the permit denial.
Seven (7) borings were made and soil samples were taken. From the results of the tests, Mr. Marriner and Mr. Dunlap
concurred that no suitable site existed on the property for a septic tank system and Petitioner was informed of the
findings by letter from Mr. Marriner dated April 21, 1994.
(8) Petitioner petitioned for a review of the May 21, 1994, DHEC decision, precipitating the November 9, 1994,
hearing before the Administrative Law Judge Division.
(9) 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 ground surface for the site to accommodate the system.
(10) A modified conventional septic tank system requires that the maximum seasonal high water table for
the proposed site be at least twenty-one inches (21") below the ground surface for the site to accommodate the
system.
(11) The seasonal high water table is less than twelve inches (12") below the natural ground surface of the
property.
(12) An ultra shallow experimental septic system requires that the maximum seasonal high water table for
the proposed site be at least twelve inches (12") below the ground surface for the site to accommodate the system.
Additionally, the ultra shallow system cannot be installed upon sloping terrain nor within soil with clay content.
(13) Clay deposits are present in the soil within twelve inches (12") of the ground surface.
(14) A fresh water well is situated on the property.
(15) The property is unsuitable to support a septic tank system.
CONCLUSIONS OF LAW
Based upon the foregoing Findings of Fact, I conclude as a matter of law the following:
(1) The Administrative Law Judge Division has subject matter jurisdiction in this action pursuant to S.C.
Code Ann. 48-1-50, 1-23-600(B), and 1-23-310, et seq. (Rev. 1986 & Supp. 1993).
(2) S.C. Code Ann. 44-1-140(11) (1976) provides the authority for DHEC to promulgate regulations relating
to septic tanks.
(3) 24A S.C. Code Ann. Regs. 61-56 (1976) is the applicable DHEC regulation governing individual waste
disposal systems and the issuance of septic tank permits.
(4) The location at 1301 West Old Orangeburg Road, Summerville, does not meet the minimum site conditions
for an individual sewage treatment and disposal system under S.C. Regs. 61-56, Section V.
ORDER
IT IS THEREFORE ORDERED that the septic tank permit application of Isabelle Taylor is hereby denied.
___________________________________
STEPHEN P. BATES
ADMINISTRATIVE LAW JUDGE
November 28, 1994
Columbia, South Carolina |
