ORDERS:
ORDER AND DECISION
This matter comes before me upon petition for hearing following the denial of a septic
tank permit application for the lot at the corner of Old Jackson Highway and Ramsey Road, in the
Beech Island area of Aiken County, South Carolina, by the South Carolina Department of Health
and Environmental Control (hereinafter referred to as "DHEC"). A hearing was held on May 23,
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 permit application. The permit is denied.
FINDINGS OF FACT
By a preponderance of the evidence, I find:
(1) The location at the corner of Old Jackson Highway and Ramsey Road, in the Beech
Island area of Aiken County, South Carolina, (hereinafter referred to as "the property") is a lot of
approximately one-half acre owned by Petitioner.
(2) Petitioner applied to DHEC for a septic tank permit for the property on October 28,
1994, Application Number 1994100086.
(3) Petitioner seeks the septic tank permit to allow placement of a mobile home on the lot
as a residential dwelling to be used by his son.
(4) DHEC Environmentalist Chris Saul visited the property on November 22, 1994, for a
site evaluation. Three (3) separate borings were made, and soil absorption tests were conducted.
The results of the tests indicated that the maximum seasonal high water table was no deeper than
ten inches (10") below the ground surface for any of the boring sites.
(5) David Angle, DHEC Assistant Environmental Director for the Lower Savannah
District, visited the property on December 7, 1994, and confirmed Saul's evaluation.
(6) Petitioner was informed of the results of the site evaluation and denial of the permit
application by letter dated December 9, 1994.
(7) Upon request of Petitioner, Mark S. Marriner, of the DHEC Bureau of
Environmental Health, and David Angle, reevaluated the property on January 13, 1995. Three (3)
separate borings were made, and soil absorption tests were conducted. The results of the tests
indicated that the maximum seasonal high water table was no deeper than twelve inches (12")
below the ground surface for any of the boring sites.
(8) Petitioner was informed of the results of the January 13, 1995 site evaluation and
formally informed of the denial of the permit application by Mark Marriner of DHEC by letter
dated January 17, 1995.
(9) Petitioner petitioned for a review of the DHEC decision, which resulted in the scheduling of the May 23, 1995 hearing before the Administrative Law Judge Division.
(10) 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.
(11) 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.
(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) The seasonal high water table of the property is less than twelve inches (12") below
the natural ground surface of the property.
(14) The sloping terrain of the site renders the property unsuitable for an ultra shallow
system.
(15) Other lots in close proximity to Petitioner's lot currently have septic tanks.
(16) Soil conditions in the Beech Island area will vary rapidly.
(17) At the time of application and evaluation, Petitioner's property had standing water
along the road frontage boundary of the lot on Ramsey Road.
(18) Since application and evaluation, a ditch has been dug along the road frontage
boundary of the lot on Ramsey Road and the standing water drained.
(19) Ditching shortens the duration of water saturation of soil, thereby lessening the time
that the seasonal high water table is stabilized at its maximum level; however, ditching does not
physically lower the seasonal high water table.
(20) The maximum seasonal water table is that soil depth at which water saturation
reaches its highest level. Absorption, filtration, and aerobic treatment of effluent requires
unsaturated soil. Saturation disrupts the treatment process and allows pollutants to be carried
great distances to contaminate drinking water, surface waters, and spread disease-producing
organisms.
(21) The property is unsuitable to support a septic tank system because of the
shallowness of the maximum seasonal high water table.
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.
1994).
(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 the corner of Old Jackson Highway and Ramsey Road, in the Beech
Island area of Aiken County, South Carolina, 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 Petitioner is
hereby denied.
___________________________________
STEPHEN P. BATES
ADMINISTRATIVE LAW JUDGE
June ____, 1995
Columbia, South Carolina
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