S.C. Code Regs. § 61-56.104 - Application, Permit, Final Inspection and Approval, and Variances and Exemptions
104.1. Application.
(1) The applicant shall furnish, in a format
as identified by the Department, complete and accurate information necessary
for determining the feasibility of an onsite wastewater system.
(2) The application shall include written
permission from the property owner or their legal representative, using a form
identified by the Department, for Department representatives to access the
property.
(3) A boundary plat,
deed, or other legal document specifying the lot size shall be furnished by the
applicant. The applicant shall provide a legal description that specifies lot
boundary lengths for lots two (2) acres or smaller in size and upon request for
any lot greater than two (2) acres in size. When a dwelling or facility is to
be served by a remote subsurface wastewater infiltration area, the applicant
must provide appropriate easement(s). An appropriate easement must allow
ingress and egress for construction, operation, maintenance, replacement and
repair and must run with the land.
(4) Soil boring descriptions, backhoe pits,
and soils classifications from specifically identified locations, including
other tests or information, shall be required when deemed necessary by the
Department.
(5) Backhoe pits shall
be required above the Fall Line that separates the Piedmont area from the
Coastal Plain as defined by the South Carolina Geological Survey.
(6) Before a site evaluation of the lot is
performed by the Department, the applicant shall be required to: clear and mark
pertinent property boundary lines and corners; post an identification marker in
the front center of the lot; place stakes at the corners of the proposed
building; mark the proposed point of stub-out and septic tank as well as
proposed drain field area; locate the proposed or existing well location; and
identify the proposed location of any additional structures or facilities on
the property that may influence the placement and configuration of the onsite
wastewater system. A site sketch shall be included on the application or as a
separate attachment that reflects the items above and any other items specified
on the application. The applicant may be required to clear underbrush from the
property in order to facilitate the evaluation.
(7) The Department will not issue a permit if
it determines that site conditions are unsuitable for the system layout or
permit requested, or if issuance of the permit would otherwise be inconsistent
with the requirements of this regulation. The Department also reserves the
right to modify a proposed system layout submitted by a licensed person under
Section 102.1(3)(c) when deemed appropriate.
104.2. Permit.
(1) It shall be unlawful to construct,
upgrade, expand, or operate an onsite wastewater system, nonwater-carried
sewage treatment system, wastewater combustion system, or gray water subsurface
reuse system unless the Department has issued a permit to construct and
approval to operate for the specific construction and operation proposed. The
system shall be constructed and operated in accordance with the permit, and the
Department must authorize any changes prior to the construction and operation
of the system. The applicant shall be required to make a written request for
any desired permit modifications. The applicant shall submit a new application
with a new site evaluation fee for permit modifications that require an
additional site evaluation. The Department may also require a permit to
construct and approval to operate for the repair, relocation, or replacement of
an onsite wastewater system or its components when deemed necessary,
irrespective of whether any change in use impacting the existing onsite
wastewater system would occur. The property owner or their legal representative
shall notify the Department before relocating or replacing an onsite wastewater
system or its components so that the Department may determine whether a permit
will be required.
(2) The permitted
system shall be constructed and operated according to the specifications and
conditions of the permit and in compliance with this regulation.
(3) Permits issued after the effective date
of this regulation shall remain valid for a period of five (5) years from the
date of issuance, provided the physical character of the property has not
changed and the conditions of the original permit can be met. Exceptions may be
granted for those permits addressed by other statutes.
104.3. Final Inspections and Approval.
(1) Except in the case of systems designed by
a Registered Professional Engineer, all installers shall arrange with the
Department in advance a time for a final inspection of an onsite wastewater
system that is being installed. It shall be considered a violation of this
regulation to cover a system that has not been subject to final Department
inspection or installer self-inspection in accordance with this
regulation.
(2) Final inspections
of onsite wastewater systems to determine compliance with a Department-issued
permit to construct shall be conducted by certified Department staff except as
follows:
(a) Registered Professional Engineers
licensed in South Carolina must conduct final inspections on all systems they
design.
(b) Except as provided in
104.3(2)(a), Tier 3 installers may self-inspect systems they install. Tier 3
installers shall comply with Section 702.2 in its entirety.
(c) Except as provided in Section
104.3(2)(a), the Department may, in its discretion, direct Tier 1 and Tier 2
installers with no pending enforcement actions or prior Department findings of
violation under Section
800 of this regulation to self-inspect
systems they have installed using a process and form directed by the
Department. Tier 1 and Tier 2 installers allowed to conduct self-inspections
shall comply with Section 702.2 in its entirety. The Department reserves the
right to withdraw any direction to Tier 1 and Tier 2 installers to conduct
self-inspections at any time.
(3) Documentation of system installations,
including certified as-built plans where required, shall be submitted in a
Department-approved format within two (2) business days of completing the
system installation or within two (2) business days of the installer
self-inspection, where applicable.
(4) The licensed system installer shall also
sign a statement certifying that the onsite wastewater system was installed as
specified in the Department issued permit.
(5) Following final inspection and upon
review of all required documentation, the Department will issue an approval to
operate for a system installed in compliance with the issued permit to
construct and all applicable requirements of this regulation. The Department
will not issue an approval to operate if it determines that the system
installation is inconsistent with the issued permit to construct or
inconsistent with any requirement of this regulation.
104.4. Variances and Exemptions.
(1) The Department may, on a case-by-case
basis, approve and issue a variance or exemption from one or more requirements
of this regulation upon a finding that:
(a)
The granting of the variance or exemption will not compromise protection to
human health and the environment.
(b) Because of the characteristics of the
site, it is not practical or feasible for the onsite wastewater system to meet
the requirements of this regulation without taking into account the current
science and best technology available.
(2) A request for variance or exemption must
be in writing and include the following:
(a) A
detailed description of the regulatory requirements for which the variance or
exemption is sought.
(b) Sufficient
data to demonstrate to the satisfaction of the Department that compliance with
the regulatory requirement will not be practical or feasible.
(3) The Department may request
additional information to evaluate the request. A complete variance request
will be processed within three (3) business days of receiving the request. If
approved, the variance or exemption will be issued in writing and may contain
conditions. The Department may revoke issued variances as it deems appropriate
to protect human health and the environment.
Notes
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