ORDERS:
ORDER AND DECISION
This matter comes before me upon the request by the Petitioner for hearing following the
denial of a septic tank permit application for a lot located on Pritchard Green Road in East Cooper,
South Carolina by the South Carolina Department of Health and Environmental Control ("DHEC").
After notice to the parties, a hearing was conducted on March 14, 1995. The issues considered were:
the site suitability of the property for a septic tank system and whether DHEC properly denied
Petitioner's septic tank application.
FINDINGS OF FACT
I make the following findings of fact, taking into consideration the burden on the parties to
establish their cases by a preponderance of the evidence and taking into account the credibility of the
witnesses:
1. The location on Pritchard Green Road is Tract 1 of a subdivision of six lots owned
by the James Gaillard Estate of which the Petitioner is an heir. There are three (3) residences on the
tract. All three (3) have septic tank systems. One residence was permitted for a modified system;
one was permitted for repairs and the other was installed prior to the time of any regulation by
DHEC. Two (2) of these systems are failing.
2. Petitioner applied to DHEC for a septic tank permit for a proposed residence on the
4.87 acre lot on October 7, 1994.
3. DHEC personnel visited the property on October 17, 1994 and November 2, 1994 for
a site evaluation. At least 15 separate borings were made and soil permeability and texture were
tested. The results of these tests indicated that the maximum seasonal high water table was less than
twelve inches below the natural ground surface for any of the boring sites and the soil texture was
Class 5 indicating a composition in excess of fifty percent clay.
4. Petitioner was informed of the results of the site evaluation and denial of the permit
application by letter dated November 10, 1994.
5. Upon the request of Petitioner, DHEC personnel reevaluated the site on December
2, 1994, making three (3) new borings and soil samples. The results of two of the tests indicated that
the maximum seasonal high water table was less than twelve inches below the natural ground level
and Class 5 soil at between three and five inches below the natural ground level. The third test
revealed the maximum seasonal high water table was less than twelve inches below the natural ground
level and Class 4 soil at ten inches below the natural ground level.
6. Petitioner was informed of the results of the December 2, 1994 site evaluation and
formally informed of the denial of the permit application by Mark Marriner of DHEC by letter dated
December 7, 1994.
7. Petitioner requested a review of the December 7, 1994 denial on December 10, 1994.
8. 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 to
accommodate the system.
9. 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 natural ground level
to accommodate the system.
10. An ultra shallow septic tank system requires that the maximum seasonal high water
table for the proposed site be at least twelve inches (12") below the natural ground level for the site
to accommodate the system. The soil must be a Class 3 at least eighteen inches (18") below the
natural ground level.
11. An additional experimental septic tank system requires that the maximum seasonal
high water table for the proposed site be at least twelve inches (12") below the natural ground level
and a Class 4 soil at least eighteen inches (18") below the natural ground level for the site to
accommodate the system.
12. The property is unsuitable to support any type of septic tank system.
CONCLUSIONS OF LAW
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 on Pritchard Green Road, East Cooper, 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 Teresa A. Ward
is DENIED.
_______________________
ALISON RENEE LEE
Administrative Law Judge
March ______, 1995
Columbia, South Carolina. |
