ORDERS:
ORDER OF DISMISSAL
The parties have reached settlement and resolution of the above matter pursuant to the
terms of a Consent Agreement filed with the Court on June 11, 1997. A Status Conference via
telephone is scheduled for June 18, 1997, at 3:00 p.m.
IT IS THEREFORE ORDERED that the above-captioned case bearing Docket Number
97-ALJ-07-0113-CC is hereby dismissed pursuant to the terms of the Consent Agreement filed
with the Court on June 11, 1997, which is attached hereto and made a part of this Order. The
teleconference scheduled for June 18, 1997, is cancelled.
AND IT IS SO ORDERED.
_______________________________________
STEPHEN P. BATES
ADMINISTRATIVE LAW JUDGE
June 12, 1997
Columbia, South Carolina
970113.wpd
STATE OF SOUTH CAROLINA
ADMINISTRATIVE LAW JUDGE DIVISION
J. T. Snipes, Partner, Snipes & ) Docket No. 97-ALJ-07-0113-CC
Snipes, L.L.P., )
)
Petitioners, )
)
vs. ) CONSENT AGREEMENT
)
South Carolina Department of )
Health and Environmental Control, )
and Environmental Control, )
)
Respondent. )
______________________________)
This Agreement made and entered into between J.T. Snipes, Partner, Snipes & Snipes, L.L.P,
335 Princeton Highway, Honea Path, South Carolina, 29654, hereinafter referred to as the "Owner,"
and the South Carolina Department of Health and Environmental Control, hereinafter referred to as
the "Department;" and pursuant to agreement of the parties and at the direction of the Owner, Bob
Bowers, BGB General Contractor, hereinafter referred to as "Builder," has been released as a party
to this agreement:
WHEREAS, S.C. Regulation 61-56, Individual Waste Disposal Systems, hereinafter referred
to as the Regulation, sets standards for the permitting and construction of individual on-site waste
disposal systems which serve individual residential and commercial structures;
WHEREAS, Owner through his builder applied for a building permit from the Town of
Eastover on September 4, 1996, to construct a 5,000 square foot building at which time he indicated
that the source of sewage disposal for the proposed structure would be septic tank;
WHEREAS, the Owner, through his builder, filed an application with the Department on
November 14, 1996, for a permit to construct an individual sewage treatment and disposal system
on a parcel of land located at Tax Map No. 36804-01-03 (P) in the vicinity of Eastover, South
Carolina, which was the site of a U.S. Post Office building under construction at the time of permit
application, and which parcel is the same as that referred to above as the site for the 5,000 square
foot building;
WHEREAS, the Owner, through his builder, did apply for a permit, after the commencement
of construction, from the Department's Richland County Environmental Health Office for the
construction and utilization of a septic tank system to serve this commercial structure;
WHEREAS, the Owner has installed a septic tank on the site which is not permitted;
WHEREAS, Regulation 61-56, Section III B requires an owner to insure that a permit to
construct an individual sewage disposal system is obtained from the Health Department prior to
construction of a system;
WHEREAS, Regulation 61-56, Section III C states that the general contractor or builder shall
not begin construction of a building until a permit to construct an individual sewage treatment and
disposal system is issued by the Health Department;
WHEREAS, the Department conducted an inspection of the site specified in the application
of Owner, and during its investigation of the soil conditions found that the site did not meet the
minimum requirements for an individual on-sire waste disposal system, and set forth specific
findings in a letter to the Owner, dated December 4, 1996, and was mailed to the address provided
by the Builder, which notified Owner of the denial of the septic tank permit application, and which
letter is attached hereto and incorporated herein by reference;
WHEREAS, the Owner, through his builder, requested an appeal of the Department's
decision, by undated letter, faxed to the Department on December 20, 1996, and continued
construction of the post office facility without proper permits and authorizations required by law;
WHEREAS, the Department conducted another inspection of the property on January 16,
1997, and again determined that the soil conditions did not meet the minimum requirements of
Regulation 61-56, that the limitations were so restrictive that the site was unsuitable for supporting
a septic tank system, and that the limitations were so severe that the proper treatment and disposal
of wastewater could not be ensured;
WHEREAS, the Owner was notified of the Department's second evaluation of the site by
letter dated February 10, 1997, and Owner appealed the Department's decision on March 7, 1997;
WHEREAS, the Owner is in violation of Regulation 61-56 by failing to obtain a permit to
construct an individual sewage disposal system prior to construction of the system;
WHEREAS, the Owner through his Builder, is in violation of Regulation 61-56 by failing
to obtain a permit to construct an individual sewage treatment and disposal system prior to
commencing construction of a building, and has, in fact, installed a septic tank on the
aforementioned property, after learning of the site's unsuitability to support such a system and
without notifying the Department;
THEREFORE, the Parties agree and consent to the following terms and conditions:
1. The Owner, through his Builder, did build a commercial structure of approximately 5,000
square feet to be used as a U.S. Post Office, Main Street, Eastover, South Carolina.
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2. The Owner, through his builder, failed to obtain a permit to construct an individual waste
disposal system prior to beginning construction of the facility in violation of Regulation 61-56.
3. The Owner failed to obtain a permit to construct an individual sewage disposal system prior
to installation of a septic tank on the site in violation of Regulation 61-56.
4. The site does not meet the minimum requirements of Regulation 61-56 for the construction
and installation of an on site sewage treatment and disposal system.
5. Both the Builder and Owner have been notified that the site is unsuitable for the installation
of an on site sewage treatment and disposal system, and the Owner has appealed the Department's
determination of unsuitability.
6. The Builder, with Owner's knowledge, has commenced and continued construction of the
facility without obtaining necessary approvals and permits in violation of Regulation 61-56.
7. The Owner is desirous of utilizing a sewage holding tank at this facility for a period not to
exceed 120 days.
8. The Department agrees to the utilization of a temporary sewage holding tank for a period not
to exceed 120 days at the Post Office site, Main Street, Eastover, SC, provided that the holding tank
is maintained by a person licensed to provide on site sewage pumping and maintenance services,
approved by the Department, at intervals of at least every two weeks.
9. The Owner will provide to the Department a copy of the contract for the maintenance of the
holding tank. Any violation by the Owner of the terms of the contract is considered a violation of
this Agreement.
10. The Owner must obtain additional property which meets site suitability requirements of
Regulation 61-56, either by purchase or lease, for site evaluation by the Department in accordance
with applicable regulations prior to the expiration of the 120 day period set forth in the paragraphs
7 and 8. The Department will evaluate the proposed site as soon as Owner has access to the property
for suitability and appropriate location of an on site sewage treatment and disposal system.
11. The Owner will provide to the Department a contract for purchase or lease, suitable to and
approved by the Department as to the lease terms, of property on which to construct a suitable on
site sewage treatment and disposal system, which will be incorporated into this Agreement.
12. In the event Owner is unable to purchase or lease additional suitable property, Owner must
access and tie on to a public sewer system within 180 days. The utilization of the holding tank may
be extended for this additional 60 day period, but may not exceed this period for any reason.
13. The Owner will not attempt to utilize or put into operation, any other on site waste disposal
system other than the approved holding tank, including the unpermitted on site septic tank, at any
3
time.
14. Any violation of the terms of this Agreement will subject the Owner to appropriate monetary
fines and initiation of enforcement proceedings in accordance with applicable law.
AND IT IS SO ORDERED.
_______________________________6/11/97
Stephen P. Bates
Administrative Law Judge
WE CONSENT:
________________________________ June 10, 1997
J. T. Snipes, Owner Date
________________________________ June 10, 1997
Brett A. Perry, Esquire Date
Attorney for Petitioners
________________________________ June 11, 1997
Roger Scott Date
District Environmental Health Director
Palmetto Health District, DHEC
________________________________ June 11, 1997
Cheryl H. Bullard, Esquire Date
Attorney for Respondent DHEC
[N0TE: See File for Attachments to Consent Order]
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