The General Assembly takes note of the fact that incorporated cities and towns (municipalities) throughout the State have in many instances experienced considerable growth with the result that sewage collection and treatment facilities must be extended and enlarged in order to serve all of the persons residing within the corporate limits. Such extensions and enlargements are customarily paid from ad valorem taxes levied throughout the municipality and from sewer service charges. However, it appears that in some instances the cost of constructing all or a portion of such facilities can be more equitably distributed by assessing all or a portion of the cost of constructing sewer laterals against the properties facing thereon.
The General Assembly concludes that in order to facilitate the construction and operation of sewer systems by municipalities, all municipalities should be granted all of the powers set forth in this article.
In view of the foregoing, the General Assembly has determined to confirm in the governing body of each municipality the power: (1) To place into effect, revise, enforce, and collect a schedule of charges for its sewage collection service and (2) to adopt and enforce regulations requiring all properties to which sewer service is available to connect to the municipality's sewage collection facilities as now existing or hereafter improved; and to give the governing body of each municipality in addition to those powers already vested in them, the power: (a) To contract with any public or private agency operating a water system for the collection of such sewer charges; (b) to make regulations generally with respect to the discharge of sewage and the use of privies, septic tanks and any other type of sewage facilities; (c) to impose front-foot assessments against properties abutting the sewage collection laterals; and (d) to make unpaid sewer service charges a lien against the property served.
It is the legislative intent of this article that it shall be deemed complementary and supplementary to existing laws relating to any municipalities and to add to the powers, functions and duties committed to the several governing bodies thereof in order that all municipalities may fulfill their function of preserving the public health, and provide for all those who own, use or occupy dwellings, commercial buildings or other structures therein. In enacting this article, the General Assembly exercises its general police powers having found that such exercise was necessary for the maintenance and preservation of the health of the inhabitants of the State. Nothing herein contained shall be construed to be in derogation of the powers of the Department of Health and Environmental Control.
HISTORY: 1962 Code Section 59-501; 1965 (54) 614.
Structure South Carolina Code of Laws
Title 5 - Municipal Corporations
Chapter 31 - Electricity, Water, Natural Gas And Sewerage Systems
Section 5-31-10. Laying water pipes under streams or highways.
Section 5-31-20. Interference with sewers, waterworks and the like prohibited.
Section 5-31-40. Powers under certain sections cumulative.
Section 5-31-50. Exclusive municipal franchises for furnishing water or waste disposal service.
Section 5-31-210. Election and terms of commissioners of public works in municipalities.
Section 5-31-215. Ex officio commissioners of public works in certain cities.
Section 5-31-220. Special provisions for cities over 50,000.
Section 5-31-230. Municipalities in which there are no board of commissioners of public works.
Section 5-31-235. Abolition of commissions of public works.
Section 5-31-240. Qualification; organization; officers; vacancies.
Section 5-31-260. Incurring indebtedness.
Section 5-31-270. Monthly financial report.
Section 5-31-410. Purchase of lands for public works within corporate limits.
Section 5-31-420. Condemnation upon refusal to sell land desired.
Section 5-31-440. Condemnation of land for waterworks and to protect watersheds.
Section 5-31-450. Drains for surface water.
Section 5-31-460. Condemnation for use of another corporation.
Section 5-31-610. Construction and operation of municipal utilities.
Section 5-31-620. Election prerequisite to action under article.
Section 5-31-630. Election prerequisite to condemnation of waterworks.
Section 5-31-640. Petition prerequisite to election.
Section 5-31-650. Question may refer to issue of revenue bonds.
Section 5-31-660. Action if election result is favorable.
Section 5-31-670. Furnishing water for compensation; sewerage charge.
Section 5-31-680. Sale, lease or other disposition of municipally owned natural gas system.
Section 5-31-810. Establishment of municipal sewerage system.
Section 5-31-820. Sewerage commission; composition.
Section 5-31-840. Sewerage commission; duties.
Section 5-31-850. Sewerage commission; contracts with member.
Section 5-31-860. Sewerage commission; expenditures.
Section 5-31-870. Sewerage commission; records.
Section 5-31-880. Use of streets, highways and public buildings for sewerage purposes.
Section 5-31-890. Contracts as to systems of sewage disposal.
Section 5-31-900. General ordinances, rules and regulations.
Section 5-31-1110. Interfering with or opening fire hydrants.
Section 5-31-1120. Interfering with property or appurtenances.
Section 5-31-1130. Injury or obstructions to systems; pollution of water.
Section 5-31-1140. Unauthorized use of water.
Section 5-31-1150. Use of water without contract is a misdemeanor.
Section 5-31-1160. Tapping water main without permit.
Section 5-31-1170. Violations.
Section 5-31-1310. Election to consider sale of light or water plants.
Section 5-31-1320. Security from proposed purchaser.
Section 5-31-1330. Notice of election.
Section 5-31-1340. Persons entitled to vote; conduct of election.
Section 5-31-1350. Sale if majority favors.
Section 5-31-1360. Operating agreement with purchaser; maximum rates.
Section 5-31-1370. Grant of franchise.
Section 5-31-1510. Extension and assessment therefor.
Section 5-31-1520. Extension beyond city limits.
Section 5-31-1530. Ordinance to provide for payment of costs.
Section 5-31-1540. Entry of assessments.
Section 5-31-1550. Entry of assessments when extensions are beyond city limits.
Section 5-31-1560. Lien of assessments.
Section 5-31-1570. Effect of default in payment of installment.
Section 5-31-1580. Entry of satisfaction of assessments.
Section 5-31-1590. Deposit and use of receipts.
Section 5-31-1600. Certificates of indebtedness against assessments.
Section 5-31-1720. Assessments for costs of extensions.
Section 5-31-1730. Assessment book.
Section 5-31-1740. Lien of assessments.
Section 5-31-1750. Effect of default in payment of installment.
Section 5-31-1760. Entry of satisfaction of assessments.
Section 5-31-1770. Deposit and use of receipts.
Section 5-31-1780. Certificates of indebtedness against assessments.
Section 5-31-1920. Special provision for cities over 70,000, 1940 census.
Section 5-31-1930. Special provision for cities of 50,000 to 60,000, 1950 census.
Section 5-31-2010. Declaration of legislative findings and intent.
Section 5-31-2020. Definitions.
Section 5-31-2030. Powers of municipalities enumerated.
Section 5-31-2040. Lien on real estate for sewer service charges; collection of past-due charges.
Section 5-31-2310. "Political subdivision" defined.
Section 5-31-2330. Application of funds to maintenance, repair and replacement of lines; conditions.
Section 5-31-2340. Requirements on political subdivision prior to expenditure of funds.
Section 5-31-2510. Definitions.
Section 5-31-2520. Termination procedures; contents.
Section 5-31-2530. Third party notification program.
Section 5-31-2540. Disconnection when public safety emergency exists.