ORDERS:
DECISION AND ORDER
STATEMENT OF CASE
This matter comes before me pursuant to the South Carolina Department of Health and
Environmental Control's (DHEC) denial of the Petitioner's individual sewage treatment and
disposal system permit application for property located at lot #10 on McQueen Road Tax map #
2K-123-A10 in Marlboro County. A hearing was held on April 30, 1996, at the office of the
Administrative Law Judge Division, 1205 Pendleton Street, Columbia, South Carolina. I find that
DHEC properly denied the Petitioner's application because the property is not suitable for an
individual sewage treatment and disposal system.
FINDINGS OF FACT
Having observed the witnesses and exhibits presented at the hearing and closely passed upon their
credibility, taking into consideration the burden of persuasion by the Parties or Protestants, I
make the following Findings of Fact by a preponderance of evidence:
1. The Petitioner applied to DHEC for an individual sewage treatment and disposal system
permit for property located at lot #10 on McQueen Road Tax map # 2K-123-A10 in
Marlboro County.
2. Drake Rogers, DHEC Pee Dee Public Health District Environmental Quality Manager,
and Robert W. Fulghum, Assistant District Environmental Health, went to the Respondent's
property on August 22, 1995. There they conducted two soil borings. An evaluation of
those borings reflected that the seasonal high ground water table was approximately seven
inches from the natural soil surface and that a layer of very heavy clay began approximately
ten inches from the natural soil surface. Based upon that evaluation Mr. Drake denied the
Petitioner's application because the soil texture was inadequate for a conventional individual
sewage system. Petitioners were notified of this determination by letter dated August 23,
1995. Mr. Fulghum evaluated the property for either a modified conventional or alternative
on-site sewage disposal system, but determined that the limitations on the lot were so
severe that use of such systems would not be feasible and that nothing could be done to
alleviate the severe conditions existing on the lot. Petitioners were notified of this
determination by letter dated August 25, 1996.
3. The Petitioners appealed Mr. Drake's and Mr. Fulghum's determinations to DHEC.
Mark S. Marriner, Septic Tank Appeals Review Officer for DHEC, visited the property on
October 3, 1995. At that time, Mr. Marriner conducted four soil borings. An evaluation of
those borings using the U.S. Department of Agriculture's Munsell Soil Color Chart
indicated the seasonal high water table was less than 12 inches from the natural ground
level. Mr. Marriner concluded that no system approved by DHEC will work upon this
property.
4. The Department has developed standards for eighteen different types of sewage
treatment and disposal systems. The type of system to be used for a particular site depends
on such variables as: soil texture, depth to seasonal high water table, rock and/or other
restrictive horizons, estimated water usage and amount of suitable area for the system to be
installed.
5. There are currently three system categories: Conventional, Alternative and Experimental
ones. In order for a site to be suitable for the installation of a conventional system, several
criteria must be met: the seasonal high water table must be a minimum of twenty-nine (29)
inches below the natural ground surface, the aggregate depth is fourteen (14) inches, at
least nine (9) inches of natural earth cover and the bottom width of the soil absorption
trenches shall not be less than eighteen (18) inches, nor more than thirty-six (36) inches, and
there shall not be less than seven (7) feet of undisturbed earth between each trench.
6. Many sites are not suitable for the installation of a conventional septic tank system and
the Department has addressed many of the problems associated with these types of sites
through the use of alternate systems. By reducing the amount of aggregate required for a
conventional system and using a fill material to cap the system, The Department is able to
permit sites where the seasonal high water table is greater than twelve (12) inches below the
original soil surface.
7. Experimental systems are only used in an attempt to overcome some of the most extreme
and adverse site and soil conditions. The site and soil conditions on Mr. and Mrs. Cook's
property most closely fit the Experimental Alternative (Temporary) Standard for a Modified
Conventional Individual Sewage Treatment and Disposal System for sites with shallow
Class IV soils. This system is sometimes referred to as the experimental version of the Ultra
Shallow with Fill Cap System. Due to insufficient offsets to both the seasonal high water
table and Class IV soils, the Department was unable to approve this type of system for the
Cook's property.
8. None of the systems approved by DHEC will work upon the Petitioner's property
because of the combination of the water table height, the proximity to the bodies of water
and the soil texture found upon the property.
CONCLUSIONS OF LAW
Based upon the above 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 §§ 1-23-600 (B) and 48-1-50 (Rev. 1986 and Supp. 1994).
2. S.C. Code Ann. §44-1-140 (11)(1976) provides the authority for DHEC to promulgate
regulations relating to individual sewage treatment and disposal systems. Those
regulations are promulgated in S.C. Code Regs. 61-56 (1976). The Petitioner's property is
located at lot #10 on McQueen Road Tax map # 2K-123-A10 in Marlboro County does not
meet minimum site conditions or requirements for an individual sewage treatment and
disposal system under Regulation 61-56.
ORDER
Based upon the Findings of Fact and Conclusions of Law, It is hereby:
ORDERED AND ADJUDGED that the septic tank permit application of Charles and Doris
Cook denied.
AND IT IS SO ORDERED.
__________________________________
Ralph King Anderson, III
Administrative Law Judge
Columbia, South Carolina
May 17, 1996 |