Septic tank lawsuit outcome still unknown while permits continue to be issued

CHARLESTON COUNTY, S.C. (WCSC) - Months after a judge first heard from a pair of environmental organizations who are asking to prevent the issuing of certain septic permits, no outcome has been decided and a denied injunction will not limit permits in the meantime.

Back in September, a Charleston County Circuit Court judge heard from the South Carolina Environmental Law Project representing Charleston Waterkeeper and the Coastal Conservation League against the South Carolina Department of Health and Environmental Control.

The lawsuit addresses multiple issues surrounding septic tanks, including asking the Charleston County Circuit Court to rule that DHEC has an obligation to review all septic tank applications in the coastal zone.

The South Carolina Environmental Law Project was also seeking to prevent DHEC from issuing any more septic tank permits along the coast that are part of a large common development or within 200 feet of water.

But a Jan. 4 ruling denied the injunction to limit the issue of permits by DHEC with the order saying “it’s beyond this Court’s power to effect a change in the statutes enacted by the Legislature.”

Also included in the court’s order, it states in part ‘while the condition of the water in the Lowcountry is of utmost concern to the public,’ before referring to reasons listed previously.

Charleston Waterkeeper Executive Director Andrew Wunderley says they are disappointed that the injunction was denied with the gravity of this issue being clear.

He adds around the same time of the denial, DHEC issued permits for 44 septic tanks for a new development in an area of land called the White Track in Awendaw.

“That just really shows what an acute problem this is,” Wunderley says. “All of that is right on the doorstep of Cape Romain, some of the best shellfish waters in the state. It’s an incredibly beautiful area worthy of the strongest protection we can get it.”

“These things are packed like sardines in these developments,” he adds. “It just creates the risk of damaging our waterways and our oyster beds down the road, and that’s really what’s at stake.”

South Carolina Environmental Law Project’s Attorney Leslie Lenhardt says the development in Awendaw was one of the properties identified in the lawsuit as dangerous.

“It’s just the perfect example of the environmental problems with this kind of development,” Lenhardt says. “They [DHEC] were issuing these permits, despite the fact that the judge had not ruled yet on the motion.”

The organizations have since asked the court to reconsider the ruling on the injunction.

Lenhardt says the ultimate goal of the lawsuit is to put these permits on public notice for the community to be informed and involved. The other goal being to apply policy in costal zone septic permits to add another layer of review.

“We ask them [DHEC] to stop until the judge can made a decision on the ultimate issues in the case,” Lenhardt says. “Not forever, just so that we can keep the status quo until the judge has a chance to rule.”

Wunderley says everyone needs to be taking a much stronger look at these permits and be aware of how it can effect everyone in the Lowcountry.

“Septic tank pollution doesn’t abide by property lines or neighborhood boundaries,” Wunderley says. “It will contaminate the groundwater, the groundwater that is underneath everybody’s property in every community.”

It is unknown when the case will be heard or reconsideration of the ruling on the injunction.

DHEC does not comment on pending litigation.

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