The commission shall, before the granting of authority or consent to any water or sewer utility regulated by the commission, for the construction, operation, maintenance, acquisition, expansion, or improvement of any facility or system, prescribe as a condition to the consent or approval that the utility shall:
(1) file with the commission a bond with sufficient surety, as approved by the commission, in an amount not less than one hundred thousand dollars and not more than three hundred fifty thousand dollars payable to the commission and conditioned upon the provision by the utility of adequate and sufficient service within its service area and provide a copy of the bond to the Office of Regulatory Staff; or
(2) deliver to the commission certificates of deposit, with endorsements as required by the commission, of federal or state chartered banks or savings and loan associations who maintain an office in this State and whose accounts are insured by either the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation. The certificates of deposit shall not exceed the amount covered by insurance. The commission has the right, upon notice and hearing, to declare all or any part of the bond or certificate of deposit forfeited upon a determination by the commission that the utility failed to provide service without just cause or excuse and that this failure has continued for an unreasonable length of time. A further condition of the bond or certificate of deposit shall be the provision for payment to the commission of any fine or penalty imposed or assessed by the commission against the utility under the provisions of Section 58-5-710.
HISTORY: 1962 Code Section 58-149; 1969 (56) 244; 1978 Act No. 479, eff April 19, 1978; 1999 Act No. 22, Section 2, eff June 1, 1999; 2006 Act No. 318, Section 18, eff May 24, 2006.
Structure South Carolina Code of Laws
Title 58 - Public Utilities, Services and Carriers
Chapter 5 - Gas, Heat, Water, Sewerage Collection And Disposal, And Street Railway Companies
Section 58-5-20. Applicability to a business not exclusively a public utility.
Section 58-5-210. Supervision and regulation of rates and service.
Section 58-5-220. Standardized system of accounts.
Section 58-5-230. Examination of books and accounts.
Section 58-5-240. Filing schedules of proposed rates and the like; effective date.
Section 58-5-260. Notice by publication of filing of new or changed schedule.
Section 58-5-270. Applications and individual consumer complaints; hearings.
Section 58-5-290. Correction by Commission of improper rates and the like.
Section 58-5-300. All facts may be considered in making correction.
Section 58-5-310. Record of proceedings; transcript of evidence.
Section 58-5-320. Recision, alteration or amendment of order or decision.
Section 58-5-330. Rehearing by Commission.
Section 58-5-340. Court review of orders or decisions.
Section 58-5-370. Charging higher water or gas rates than those fixed by Commission unlawful.
Section 58-5-390. Tap fees for installation and maintenance of fire sprinkler system; exception.
Section 58-5-400. Citation of article.
Section 58-5-410. Election to come under article.
Section 58-5-415. Duration of election; withdrawal of request to come under article.
Section 58-5-420. Contents of order.
Section 58-5-430. Monitoring reports; schedule and contents.
Section 58-5-440. March report; additional schedules.
Section 58-5-450. Review of reports; proposed tariff rate adjustments.
Section 58-5-460. Petition for review of Initial Order or failure to issue order; hearing.
Section 58-5-465. Final order; contents; deadline for issuance.
Section 58-5-480. Office of Regulatory staffing; assessments for staffing costs.
Section 58-5-740. Rights and remedies are cumulative.
Section 58-5-910. Short title.
Section 58-5-920. Definitions.
Section 58-5-930. Compliance with orders and regulations relating to federal safety standards.
Section 58-5-940. Assessments against gas utilities for administrative expenses and charges.
Section 58-5-950. Employment of staff; legal representation.
Section 58-5-960. Compliance with safety standards.
Section 58-5-980. Additional minimum safety standards.
Section 58-5-990. Application for rehearing; judicial review.
Section 58-5-1030. Civil penalties.
Section 58-5-1040. Injunctive relief.
Section 58-5-1050. Interaction with federal agencies.
Section 58-5-1060. Article inapplicable to liquefied petroleum gas.
Section 58-5-1070. Article inapplicable to anhydrous ammonia.
Section 58-5-1110. Definitions.
Section 58-5-1120. Termination procedures; contents.
Section 58-5-1130. Third-party notification program.
Section 58-5-1140. Disconnection when public safety emergency exists.
Section 58-5-1150. Promulgation of regulations.
Section 58-5-1160. Private right of action; new duty of care.