The Issue

Multiple homeowner associations are challenging the South Carolina Administrative Law Court’s decision to reinstate a permit for a proposed RV park in northern Spartanburg County, near Campobello.

DHEC staff initially approved the septic tank permit, but after the homeowners asked for review of the decision, the DHEC Board overruled staff and revoked the permit. The DHEC Board determined that the developer’s septic system design did not meet DHEC’s regulations for capacity. The developer then filed an appeal with the Administrative Law Court.

SCELP is now representing these groups in their appeal of the Administrative Law Court decision, which was based on the judge’s finding that the homeowners’ request for final review was not timely. SCELP argues that the homeowners’ request was timely because DHEC failed to notify the homeowners of its permitting decision. In other words, DHEC’s actions alone shut the public out of the permitting process and impeded their ability to seek legal recourse.

“Members of these communities sent in FOIA requests to DHEC, specifically to the septic tank division, and despite the fact that they had a permit request, it took 3-6 months for them to get a response,” said Leslie Lenhardt, Senior Managing Attorney at SCELP. “The continued lack of transparency by DHEC when it comes to offering public notice of septic tanks continues to be problematic across the State.”

The proposed RV park would utilize 38 acres of land off of Landrum Mill Road. The area which surrounds the proposed park is comprised of nearly 5,000 acres with conservation-focused restrictive covenants; over 1,000 acres are under formal conservation easements with Upstate Forever and Conserving Carolina. The RV park would host 49 RVs and have parking spaces for over 70 additional vehicles. Per DHEC standard calculations, more than two million gallons per year of septic effluent would be discharged into the ground adjacent to the conservation area.

“Many citizens of the Upstate stand to be impacted from the harmful and irreversible effects of the proposed RV park,” said Sally Rock, a representative from the Golden Hills of Fairview Homeowners Association. “The State of South Carolina determined that the developer’s septic system was too small to handle the millions of gallons per year of waste and pollutants that would be coming from this park. Yet the developer plans to move forward to construct its RV park with an inadequate system, risking irreparable harm to the Upstate – including citizens’ health, drinking water quality risks and environmental damage.”

In addition to the proposed development’s septic system being inadequate for the anticipated volume of waste, it will sit just above a creek which flows into the North Pacolet River, eventually reaching Lake Bowen, a primary source of drinking water for the City of Spartanburg. The creek flows through the properties with conservation easements, which are designed to preserve and protect such natural resources.

“We are grateful for SCELP’s assistance in protecting the drinking water of our conservation-focused community,” said Rock. “Their participation in this case is vital to protecting against a catastrophic failure of the septic system, which would have major impacts on the environment, drinking water and the beautiful surrounding land.”

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Case Update

Unfortunately, the Court of Appeals affirmed the ALC's decision in July of 2024. The case was officially dismissed, but SCELP continues to be involved and is monitoring the situation as the owners of the proposed RV park have now changed some of the plans for the site's septic system again.