This week, Conservation groups secured a legal victory for transparency and accountability, ensuring that decisions about large, dense subdivisions relying on septic systems are not made behind closed doors.

The Circuit Court Judge issued an order in favor of the Coastal Conservation League and Charleston Waterkeeper that public notice of individual septic tank applications is necessary. The Judge ruled that public notice is needed for due process so that those impacted have the right to review and comment on septic tank permit applications before they’re put in the ground.

“In our coastal communities, development pressures and rising sea levels compound management challenges,” said Faith Rivers James, Executive Director of the Coastal Conservation League. “This is a critical step forward in informing communities and local governments about large septic-dependent subdivision developments in their neighborhoods.”

In 2023, the South Carolina Environmental Law Project, on behalf of Charleston Waterkeeper and the Coastal Conservation League, filed a declaratory judgment action in state court against the Department of Environmental Services (DES, formerly DHEC). The action asked that DES apply South Carolina’s coastal management policies for subdivision septic tank requests and provide public notice of these applications.

While the Judge did not find that coastal policy review is necessary, we are gratified that notice will put the public on alert for these large-scale septic tank applications.

“While we disagree with the Judge’s ruling on coastal management review, we celebrate this ruling that DES must protect the public’s Due Process rights,” said Leslie Lenhardt, Senior Managing Attorney for SCELP. “We will continue to urge DES to recognize the need for coastal policy review.”  

This is a big win for clean water and the public’s right to know. However, we know that more must be done to ensure that dense, clustered septic tanks do not harm our coastal waters and the communities that depend on them.

“For too long, DES has permitted septic tanks in large-scale developments without notifying nearby communities,” Charleston Waterkeeper Andrew Wunderley said. “That’s unacceptable for an agency that’s meant to protect the public and the environment. This decision gives locals an important chance to weigh in and hold DES accountable on decisions that affect their health and their waterways.”

PRESS CONTACTS

Lily Abromeit, Coastal Conservation League, lilya@scccl.org

Andrew Wunderley, Charleston Waterkeeper, andrew@charlestonwaterkeeper.org

Elizabeth Testa, South Carolina Environmental Law Project, elizabeth@scelp.org

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