The General Assembly has from time to time created and established special purpose or public service districts throughout the State of South Carolina for the purpose, inter alia, of providing for the establishing of appropriate facilities for the collection, disposal or the treatment of sewage. Generally the cost of constructing such facilities has been defrayed from the proceeds of a districtwide ad valorem tax upon all property lying within the district involved. This method of financing such facilities was based upon the General Assembly's conclusion that all properties within the district benefited by the proposed improvement in proportion to their assessed value. 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 the cost of constructing sewer laterals against the properties facing thereon. In addition a sewer service charge is likewise proper in many instances.
The General Assembly concludes that in order to facilitate the construction and operation of sewer systems by special purpose or public service districts, all of such districts should be granted all of the powers set forth in this article.
In view of the foregoing, the General Assembly has determined to give the governing body of each such district, in addition to those powers already vested in them respectively, the power: (a) To place into effect, revise, enforce, and collect a schedule of charges for its sewage collection service; (b) to contract with any public or private agency operating a water system for the collection of such sewer charges; (c) to adopt and enforce regulations requiring all properties to which sewer service is available to connect to the district's sewage collection facilities as now existing or hereafter improved; (d) 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; (e) to impose front-foot assessments against properties abutting the sewage collection laterals; and (f) 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 each such district and to add to the powers, functions and duties committed to the several governing bodies thereof in order that such districts 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 law, 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 59-495; 1965 (54) 718.
Structure South Carolina Code of Laws
Chapter 11 - Special Purpose Or Public Service Districts Generally
Section 6-11-10. Authority to establish special purpose or public service districts.
Section 6-11-20. Petition for formation of district.
Section 6-11-30. Call of election for establishment of district.
Section 6-11-40. Qualifications of voters.
Section 6-11-50. Place, managers and notice of election; declaration of result.
Section 6-11-60. Electors shall vote on establishment of district and on election of commissioners.
Section 6-11-80. Organization of and vacancies on commission.
Section 6-11-90. Record of meetings; compensation.
Section 6-11-91. Compensation and benefits for district governing bodies.
Section 6-11-92. Continuation of existing benefit plans.
Section 6-11-93. Compensation from two or more districts prohibited.
Section 6-11-100. General powers and duties of commissioners.
Section 6-11-101. Hospital districts; powers.
Section 6-11-105. Emergency ban on burning within a special purpose or public service district.
Section 6-11-110. Commissioners in certain counties may furnish services outside district.
Section 6-11-120. Filing of plat of district.
Section 6-11-130. Power of condemnation.
Section 6-11-140. Establishment of rates.
Section 6-11-150. Hearing prior to establishment of rates.
Section 6-11-160. Schedule of rates shall be kept on file.
Section 6-11-170. Lien for rates; suits therefor.
Section 6-11-175. Construction of elevated water storage facility; notice and hearing.
Section 6-11-180. Issue of bonds for construction or acquisition.
Section 6-11-190. Terms and amount of bonds.
Section 6-11-200. Election on bond issue on petition of resident electors.
Section 6-11-210. Issuance and sale of bonds; use of proceeds.
Section 6-11-220. Signature of bonds.
Section 6-11-230. Bonds shall be tax free.
Section 6-11-240. Maturity date of bonds issued by water or sewer districts.
Section 6-11-250. Government loans.
Section 6-11-260. Adoption of budget of district.
Section 6-11-270. Levy, collection and disbursement of taxes.
Section 6-11-271. Millage levy for special purpose district.
Section 6-11-273. Tax levy referendums.
Section 6-11-275. Increase in millage limitation; collection.
Section 6-11-276. Authority to borrow in anticipation of taxes.
Section 6-11-295. Violations; penalties.
Section 6-11-325. Financing construction of sewage collection lines.
Section 6-11-335. Additional members.
Section 6-11-351. Referendum request by governing body of special purpose district.
Section 6-11-352. Content and format of referendum question on ballot.
Section 6-11-353. Notice of referendum.
Section 6-11-354. Election of commissioners of district's governing body; procedures.
Section 6-11-410. Definitions.
Section 6-11-430. Exercise of powers by county board; public hearing.
Section 6-11-440. Notice of hearing.
Section 6-11-455. Levying of ad valorem taxes in overlap areas.
Section 6-11-460. Decision of county board.
Section 6-11-470. Publication of action of county board.
Section 6-11-480. Challenge of county board's decision in court.
Section 6-11-490. County board may authorize issuance of general obligation bonds.
Section 6-11-500. Manner in which bonds shall be issued.
Section 6-11-510. Maturity of bonds.
Section 6-11-520. Redemption of bonds before maturity.
Section 6-11-530. Form of bonds.
Section 6-11-540. Denominations and places of payment of bonds.
Section 6-11-550. Interest on bonds.
Section 6-11-560. Execution of bonds.
Section 6-11-570. Sale of bonds.
Section 6-11-580. Tax and pledge of taxing power for payment of bonds.
Section 6-11-590. Bonds exempt from taxes.
Section 6-11-600. Disposition of proceeds of bonds.
Section 6-11-610. Changes in district commissions pursuant to modification of districts.
Section 6-11-630. Powers to issue revenue bonds shall not be affected by article.
Section 6-11-640. Powers granted by article shall be cumulative.
Section 6-11-650. Exceptions to application of article.
Section 6-11-810. Definitions.
Section 6-11-830. Hearing on issuance of bonds.
Section 6-11-840. Notice of hearing.
Section 6-11-850. Proponents and opponents of bond issue shall be heard.
Section 6-11-860. Decision of board; inapplicability of certain provisions in event of election.
Section 6-11-870. Publication of action by board.
Section 6-11-880. Challenge of county board's decision in court.
Section 6-11-890. Special elections may be held.
Section 6-11-900. Manner in which bonds shall be issued.
Section 6-11-910. Maturity of bonds.
Section 6-11-920. Redemption of bonds before maturity.
Section 6-11-930. Form of bonds.
Section 6-11-940. Fully registered form of bonds; conversion privileges.
Section 6-11-950. Denominations and places of payment of bonds.
Section 6-11-960. Interest on bonds.
Section 6-11-970. Execution of bonds.
Section 6-11-980. Sale of bonds.
Section 6-11-990. Tax and pledge of taxing power and revenues for payment of bonds.
Section 6-11-1000. Bonds exempt from taxes.
Section 6-11-1010. Disposition of proceeds of bonds.
Section 6-11-1020. Power to issue revenue bonds shall not be affected by article.
Section 6-11-1030. Powers granted by article shall be cumulative.
Section 6-11-1040. Certain bond issues validated.
Section 6-11-1050. Issuance of additional revenue bonds.
Section 6-11-1210. Declaration of purpose.
Section 6-11-1220. Definitions.
Section 6-11-1230. Powers of commissions.
Section 6-11-1250. Regulations may be enforced by courts.
Section 6-11-1260. Manner in which powers conferred shall be exercised; special acts superseded.
Section 6-11-1410. Definitions.
Section 6-11-1420. Operations at scene of fire.
Section 6-11-1430. Evacuation from buildings adjacent to burning structure.
Section 6-11-1440. Notice of evacuation of local area.
Section 6-11-1450. Interference with operations of fire authority.
Section 6-11-1460. Emergency volunteer job protection.
Section 6-11-1610. Special purpose district, defined.
Section 6-11-1620. Notification requirement, form.
Section 6-11-1630. Notification by new districts; issuance of directory; effect of non-compliance.
Section 6-11-1650. Annual financial audit.
Section 6-11-1810. Authorization of mutual aid assistance.
Section 6-11-1830. Proper training and equipment required.
Section 6-11-1840. Article not to conflict with mutual aid agreements or contracts.
Section 6-11-2010. Definitions.
Section 6-11-2020. Dissolution referendum.
Section 6-11-2040. Contents of petition.
Section 6-11-2060. Petition to be forwarded to successor providers.
Section 6-11-2070. Authorization of referendum; when held.
Section 6-11-2080. Publication of notice of referendum; contents.
Section 6-11-2090. Where and when referendum held.
Section 6-11-2100. Contents and format of referendum question on ballot.
Section 6-11-2110. Filing of certificate of results.
Section 6-11-2120. Notice of approval to subsequent provider.
Section 6-11-2130. Adoption of confirming resolution or ordinance by successor provider.
Section 6-11-2140. Winding up of district affairs.
Section 6-11-2150. Cost of referendum.
Section 6-11-2510. Definitions.
Section 6-11-2520. Termination procedures; contents.
Section 6-11-2530. Third-party notification program.
Section 6-11-2540. Disconnection of service when public emergency exists.
Section 6-11-2550. Private right of action; duty of care.
Section 6-11-2720. Powers and duties.
Section 6-11-2730. Accept donations; cooperate with other agencies.