Requirements for Septic Systems

INFORMATION AND REQUIREMENTS FOR SEPTIC-SERVED DEVELOPMENTS:

To better ensure perpetual maintenance of individual lot septic systems, the following requirements must be addressed with major subdivision submittals, qualifying Minor Plats, and commercial development activities, as applicable and pursuant to Chapter 59, the Land Development and Subdivision Regulations Ordinance.

HELPFUL TERMS TO NAVIGATE THIS SECTION:

• Community/Shared Individual Onsite Wastewater (Septic) Facility refers to a wastewater collection and treatment system/facility that provides shared collection, treatment, and disposal of wastewater from more than one parcel or unit of individually deeded real property and is prohibited in unincorporated Berkeley County.  This definition includes Community (Cluster) Systems as defined by SCDES. 

• Department of Environmental Services (SCDES) is a South Carolina state cabinet agency established by SC State Law on July 1, 2024, with specific roles and responsibilities for overseeing the protection and preservation of South Carolina’s environment and natural resources. SCDES is comprised of five environmental bureaus: Bureau of Air Quality, Bureau of Land and Waste Management, Bureau of Water, Bureau of Coastal Management, and Bureau of Regional and Laboratory Services.  This definition will include any successors of SCDES tasked with the same/similar authorities.

• Individual Onsite Wastewater (Septic) System refers to a privately maintained wastewater treatment system that serves no more than one parcel or unit of individually deeded real property, is comprised of a collection system, septic tank(s), repair area, subsurface wastewater infiltration area, and other required components necessary for its operation, is designed to treat and dispose of wastewater and greywater through a combination of natural processes that ultimately result in effluent being transmitted through the soil, renovated, and ultimately discharged to groundwater, and permitted through SCDES.

THE REQUIREMENTS:

If public sewer and/or water is not available, SC DES authorization to install an individual onsite wastewater (septic) system and/or an individual onsite well system or otherwise acceptable assurance, respectively, for each new lot proposed shall be provided to the Planning and Zoning Department before the plat can be approved, or, in the case of Single-Site Development, prior to issuance of plan approvals.

1. Community/Shared Individual Onsite Wastewater (Septic) Facilities, to include Community (Cluster) Systems as defined by DES, serving more than one parcel or unit of individually-deeded real property are prohibited. 
2. The administrative officer or designee, at his/her discretion, reserves the right to request that the following but not limited to materials be submitted with subdivision plat or plan submittals in order to verify that the location of individual onsite wastewater (septic) systems will pose no conflict with driveways, building envelope, stormwater management, and other subdivision or site improvements: individual lot soils analyses, individual lot onsite wastewater (septic) layout plan, and septic details and profiles.
3. To ensure the continued maintenance of individual onsite wastewater (septic) systems and mitigate risk to public health, safety, and wellbeing, the following assurances for perpetual maintenance, as described below, shall be recorded prior to or concurrent with the Final Plat upon approval or, in the case of Single-Site Development, prior to issuance of Certificate(s) of Occupancy:  
   1. Perpetual Maintenance Assurances. Documentation assuring a system for continuous maintenance that lists the HOA/POA [or other mutually-agreeable responsible third party] as the responsible party and describes an individual onsite wastewater (septic) management plan that includes a framework, dedicated funding source to conduct, and entity responsible for bi-annual inspections and regular maintenance activities. See template provided herein.
   2. Individual Onsite Wastewater (Septic) Affidavit/Release.  The affidavit/release shall be presented to and approved by the County Attorney or his/her designee and include the acknowledgement that (1) the Builder/Developer is solely responsible for the installation of individual onsite wastewater (septic) systems, (2) the HOA/POA [or other mutually-agreeable responsible third party] is responsible for overseeing their ongoing maintenance, and (3) the County shall be relieved of any liability or responsibility arising from their installation, use, and maintenance. This release shall indemnify the County of any harm which may result from the installation, use, and maintenance of individual onsite wastewater (septic) systems by the HOA/POA, landowners, visitors, or any user of the system, including the public at large.  Each signed agreement shall be recorded with the plat and provide proper reference to the affected subdivision.  See template provided herein.
   3. Warranty Period.  Proof of a minimum two-year warranty, which shall include operation and maintenance, by the Licensed Onsite Wastewater System Installer.
   4. Surety Bond.  A surety bond in an amount equivalent to the cost of regular maintenance, repair, and bi-annual inspections for each Individual Onsite Wastewater (Septic) Facility permitted within the subdivision/development for the first five years of operations and accounting for annual inflation, shall be submitted to and held by Berkeley County.  Prior to submission of the bond, the Department shall review, and ultimately concur with, a schedule of values, prepared and certified by a licensed and approved Tier 3 Licensed Onsite Wastewater System Installer as defined by DES. 
   5. Inspection Reports. Individual Onsite Wastewater (Septic) inspection reports shall be available to the County upon request.
4. At the administrative officer or designee’s discretion, the requirements established in (1) and (2) above may be waived for those subdivision proposals that contain lots that meet the requirements to be certified as “non-buildable” as listed below.
   1. Those exempt, minor, or family subdivision submittals in which the lots proposed are not intended for development within a five-year horizon; and
   2. The following certification shall be placed on the subdivision plat and all subsequent re-surveys of lots created therein and signed by the property owner(s) or legal representative thereof:
      1. “The Property owner(s) of record hereby acknowledge(s) that the Lots shown hereon are considered non-buildable until public water and/or sewer is made available to these Lots or SCDHEC approves an onsite septic system and/or individual well for each individual Lot.”
         Signature(s) of Property Owner(s) or legal representative______________
         Date______________
5. At the administrative officer or designee’s discretion, he/she may request a written letter of determination of water/sewer availability from the applicable utility provider to verify availability.

On the page, please link the following resources:

SCDES Permitting, Installation, and Reporting Resources

SCDES Septic Tank Preventative Maintenance Tips

Chapter 59, The Land Development and Subdivision Regulations

Septic Maintenance Agreement and Release Template PDF