S.C. Code Regs. § § 61-56.104

Current through Register Vol. 48, No. 11, November 22, 2024

Section 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.

S.C. Code Regs. § 61-56.104

Added by State Register Volume 45, Issue No. 05, eff. 5/28/2021; State Register Volume 46, Issue No. 05, eff. 5/27/2022.