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Committee pauses HB 3656 on wells, septic repairs to draft amendments

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Summary

The subcommittee heard House Bill 3656, which would prohibit DES from denying repairs or replacement of existing wells or septic tanks solely because water or sewer service is available; members agreed to adjourn debate so legislative and municipal stakeholders can draft amendment language.

Representative Ligon introduced House Bill 3656, which would prohibit the Department of Environmental Services from denying a property owner the right to repair or replace an existing well or septic tank solely because other water or sewer service is available.

Witnesses and committee members discussed the bill's scope, potential gaps in language and local government concerns; the committee approved a motion to adjourn debate until amendment language could be drafted by stakeholders.

Nut graf: Supporters called HB 3656 a protection for rural property owners and longtime residents who rely on private wells and septic systems; municipal and county representatives asked for negotiated language to address public-health and planning concerns. The committee voted to pause debate and allow a working group to produce amendment language.

Representative Ligon, the bill sponsor, said the measure is meant to prevent local governments or utilities from forcing property owners to tie onto public water or sewer lines simply because such lines pass nearby. “I think a fellow was fined $40,000 because it all ran into his neighbor's yard,” Ligon said, describing local incidents that motivated the bill. He said the bill in its current text was a starting point and that he welcomed technical improvements.

Dana Riley of the Municipal Association of South Carolina said the association and counties have concerns and were working with the bill sponsor and other stakeholders to draft amendments. “We were presented with amendment language, not the underlying bill, and we do appreciate any time that you may give us to work on that,” Riley said.

After discussion, Representative Morgan moved to adjourn debate until amendment language could be prepared; Representative Reese seconded. The roll call recorded Representatives Kramer, Harris, Morgan and Burns voting aye; one member was not present. The motion carried 4–0, 1 not present, and the committee adjourned.

Ending: Committee staff and representatives from the Municipal Association, Association of Counties and groundwater stakeholders agreed to produce amendment language and return to the subcommittee for further consideration.