ORDERS:
ORDER
I. Statement of the Case
Reverend Mary Vinson (Vinson) sought a contested case hearing due to the denial by the South
Carolina Department of Health and Environmental Control (DHEC) of Vinson's application for a
septic tank permit. Jurisdiction is vested in the Administrative Law Judge by S.C. Code Ann. §
1-23-600(B) (Supp. 1995), and after notice to the parties a hearing in this matter was held on
February 12, 1996.
After considering all of the testimony and evidence, I conclude the permit must be denied. Any
issues raised in the proceedings or hearing of this case but not addressed in this Order are deemed
denied. ALJD Rule 29(B). Further, the filing of a motion for reconsideration is not a prerequisite
to any party filing a notice of appeal of this Order. ALJD Rule 29(C).
II. Issues
Did DHEC properly deny Vinson's application for a septic tank permit?
III. Analysis
1. Positions of Parties:
DHEC asserts the permit cannot be granted since the size of the property is insufficient to
accommodate the sewage system required for the stated capacity of the structure to be build on
Vinson's property. Vinson argues the property is an acceptable size for the system for which she
seeks a permit.
2. Findings of Fact:
I find, by a preponderance of the evidence, the following facts:
1. Vinson owns a one acre tract of land located in Calhoun County upon which Vinson
intends to construct a church with a capacity for 2,000 worshipers.
2. The church building will be in full use on Wednesdays and Sundays with use on other
days of the week varying depending upon the needs of the church.
3. The one acre lot will be the location for the church building, parking areas, and the septic
tank plus absorption trenches.
4. Parking at the church will include the use of a parking lot with asphalt paving having
dimensions of approximately 75 feet by 150 feet (11,250 square feet) with such parking
primarily on the left side and front of the property.
5. While no architectural drawings have been produced, Vinson intends for the church
structure to occupy at least 6,000 square feet plus a basement.
6. The septic tank system for the proposed structure will require 3,095 linear feet of
absorption trench and will encompass a total space of 30,600 square feet to accommodate
the proposed church structure.
3. Discussion
The issue is whether the one acre land size will accommodate the required septic tank system so
as not to have any portion of the disposal system within five linear feet of a building or under a
building, driveway or parking area. S.C. Code Regs. § 61-56(V)(E)(a) (1976). Here, the
evidence demonstrates the septic tank system encompasses 30,600 square feet. Since a one acre
lot consists of 43,560 square feet, and since 30,600 square feet for the septic tank system cannot
be built over or parked on, 12,960 square feet remain upon which to construct the church and
provide parking. Here, the parking is estimated at a minimum of 11,250 square feet of an asphalt
surface plus a minimum for the building of 6,000 square feet. Thus, the church structure and
parking lot will consume at least 17,250 square feet when only 12,960 square feet are available.
Thus, on the evidence presented based upon a one acre lot, there is insufficient land to allow
DHEC to issue the septic tank permit.
4. Conclusions of Law:
1. DHEC is authorized to promulgate regulations relating to septic tanks. S.C. Code Ann. §
44-1-140 (11)(1976).
2. DHEC has promulgated regulations governing individual waste disposal systems and the
issuance of septic tank permits. 24A S.C. Code Regs. § 61-56 (1976).
3. The land size required to accommodate a septic tank system must be such that no portion
of the disposal system is within five linear feet of a building or under a building, driveway or
parking area. S.C. Code Regs. § 61-56(V)(E)(a).
4. The one acre tract owned by Vinson will have some portion of the septic tank system
under a building, driveway or parking area. S.C. Code Regs. § 61-56(V)(E)(a).
5. The location of the one acre tract owned by Vinson does not meet the requirements for
an individual sewage treatment and disposal system under S.C. Code Regs. § 61-56,
Section V.
IV. ORDER
Based upon the foregoing Findings of Fact, Discussion and Conclusions of Law, the following
ORDER is issued:
DHEC is directed to deny the current application by Vinson for a septic tank permit.
IT IS SO ORDERED.
____________________________
RAY N. STEVENS
Administrative Law Judge
This 14th day of February, 1996 |
