South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
Charles and Doris Cook vs. SCDHEC

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
Charles and Doris Cook


Respondent:
South Carolina Department of Health and Environmental Control
 
DOCKET NUMBER:
95-ALJ-07-0721-CC

APPEARANCES:
For the Petitioners: Pro Se

For the Respondent: Thomas G. Eppink, Esquire
 

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


Brown Bldg.

 

 

 

 

 

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