Bill
H 3656
Allows owners of wells or septic tanks existing on enactment to repair or replace them, prohibiting DES from denying such work solely because public water or sewer is available.
Status & Sponsors
- Bill No.: H 3656
- Title: Wells and Septic Tanks
- Prefiled: 12/12/2024; Introduced/read first time: 01/14/2025
- Sponsor activity: Member(s) request name added as sponsor: Hardee (02/04/2025)
- Referred to: Committee on Agriculture, Natural Resources and Environmental Affairs (01/14/2025)
- Hearing scheduled: 10/14/2025 (per legislative actions)
- Effective date: upon approval by the Governor (per text)
Note: The legislative file provided contains an unrelated Massachusetts transportation-inspections draft in the same docket; this summary addresses the Wells and Septic Tanks provision (text that adds Section 44‑1‑320).
Purpose / Intent
- To ensure property owners may repair or replace existing private wells or septic tanks even when other public water or sewer service is available nearby. The bill limits the Department of Environmental Services’ authority to deny such repairs or replacements solely on the basis that alternative utility service exists.
Key provisions
- Adds Section 44‑1‑320 to Chapter 1, Title 44 of the South Carolina Code (per text):
- The Department of Environmental Services shall not deny a property owner the right to repair or replace any well or septic tank that existed on the act’s effective date solely because other water or sewer service is available.
- Effective upon gubernatorial approval.
Who is affected
- Property owners with private wells or septic tanks existing as of the bill’s effective date.
- The Department of Environmental Services and its permitting/approval processes.
- Local governments and public water/sewer utilities (may affect connection rates and planning).
- Potentially local public-health and environmental regulators who oversee septic/well standards.
Potential impacts and considerations
- Property rights: Strengthens homeowners’ ability to maintain private water/sewer systems even when public alternatives exist.
- Public utilities & planning: Could reduce the number of required or expected connections to public water/sewer extensions, affecting project economics and service planning.
- Environmental/public health: Repairs/replacements would still be subject to applicable health and safety standards unless the bill is interpreted to bar other regulatory denial; however, by preventing denials based solely on availability of public systems, the measure may result in continued use of decentralized systems where centralized service would otherwise be encouraged.
- Legal/administrative: The provision is narrowly worded (“solely because of any other available water or sewer service”), so other legitimate grounds for denial (e.g., contamination risk, code noncompliance) appear not affected. Definitions of “available” and implementation details may require administrative guidance or case-by-case interpretation.
Procedural timeline & next steps
- Currently referred to committee (Agriculture, Natural Resources and Environmental Affairs). A hearing is scheduled for 10/14/2025 (per the docket). If passed by the legislature and signed by the Governor, the law takes effect immediately upon approval.
Recommendation
- For authoritative status and any amendments, consult the official legislative website or committee records. Consider reviewing related local statutes and health codes to clarify how this change interacts with existing environmental and public-health permitting.
Compiled from official sources — confirm details with the bill’s official record.
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