Who counted as the host local government for a regional South Carolina landfill, and who could serve on its citizens committee?

Plain-English summary

A senator asked who counted as the “host local government” for a proposed landfill involving three counties and who could sit on the related citizens facility issues committee. In 1996, the AG read the host government as the political subdivision furnishing the landfill facilities. It read the committee provision to permit up to ten members, at least 80 percent of whom had to be registered voters or landowners in that host jurisdiction.

The opinion recognized concern about the voice of residents in other counties. It nevertheless found the committee membership language unambiguous and said a change in the participation rules would require legislation. The opinion interpreted the statute; it did not identify the host subdivision for a particular completed landfill arrangement.

Currency note

This opinion was issued in 1996. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

What made a local government the landfill host?

The AG identified the political subdivision furnishing the facilities for the regional or multi-county landfill as the host.

Could residents from other counties serve on the committee?

The statute, as the AG read it, allowed some members from elsewhere, but at least 80 percent had to be registered voters or landowners in the host government.

How large could the citizens committee be?

The opinion said the petitioning persons could select up to ten members.

Could the AG expand other counties’ representation by interpretation?

No. It read the percentage requirement literally and pointed to legislative amendment if a different rule was desired.

Background and legal framework

The opinion interpreted §44-96-470 of the South Carolina Solid Waste Policy and Management Act of 1991. It used the statutory definition of local government, the ordinary meaning of host, and the provisions for a petition-driven negotiation process and committee selection. Its answer concerned eligibility and representation in that statutory process.

Citations

• §44-96-470; §44-96-40(25).

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/february-5-1996-3/
• Original PDF: https://www.scag.gov/wp-content/uploads/2013/12/96feb5waldrep.pdf

Original opinion text

The State of South Carolina

OFFICE OF THE ATTORNEY GENERAL
CHARLES MOLONY CONDON
ATTORNEY GENERAL

February 5, 1996

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The Honorable Bob Waldrep
Senator, District No. 3
604 Gressette Building
Columbia, South Carolina 29202
RE: Informal Opinion
Dear Senator Waldrep:
By your recent letter to Attorney General Condon, you have sought an opinion as to the meaning of the phrase "host local government" and the standards for eligibility to serve on the citizens facilities issues committee, relative to S.C. Code Ann. §44-96-470 (1995 Cum. Supp.) From an enclosure with your request, the inquiry arises in the context of a tri-county landfill which is apparently in the process of obtaining the necessary permits for operation. In interpreting a statute such as §44-96-470, the cardinal rule is to ascertain and effectuate legislative intent whenever possible. Bankers Trust of South Carolina v. Bruce, 275 S.C. 35, 267 S.E.2d 424 (1980). Words used in a statute are to be given their plain and ordinary meanings. Worthington v. Belcher, 274 S.C. 366, 264 S.E.2d 148 (1980). Where the language of a statute is plain and unambiguous, the words must be applied according to their literal meanings. State v. Goolsby, 278 S.C. 52, 292 S.E.2d 180 (1982). "Host Local Government" The South Carolina Solid Waste Policy and Management Act of 1991, of which
§44-96-4 70 is a part, does not contain a definition of "host local government." The term "local government" is defined in §44-96-40(25), however:

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The Honorable Bob Waldrep
Page 2
February 5, 1996
a county, any municipality located wholly or partly within the county, and any other political subdivision located wholly or partly within the county when such political subdivision provides solid waste management services.

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The word "host" is not defined in these statutes; a definition from The American Heritage Dictionary (Second College Edition), page 624 indicates that a "host" is "[o ]ne that furnishes facilities for a function ... ." Within §44-96-4 70(C) is the phrase "host local government for the proposed site." I am of the opinion that the "host local government" would therefore be the political subdivision which is furnishing the facilities for the solid waste landfill being developed on a regional or multi-county basis. Citizens Committee The citizens facilities issues committee is appointed as a result of a petition process initiated pursuant to §44-96-470(F): Within thirty days following a public meeting held in accordance with subsection (C), a facility issues negotiation process shall be initiated by_ the host local government upon receipt of a written petition by at least twentyfive affected persons, at least twenty of whom shall be registered voters of or landowners in the host jurisdiction. ... For purposes of this subsection, the term "affected person" means a registered voter of the host local
.government or of a county contiguous to such host local government or a landowner within the jurisdiction of the host local government. ... Then, subsection (I) of §44-96-470 provides: The host local government shall organize the petitioners meeting. The majority of the petitioning persons in attendance shall select up to ten members, at least eighty percent of whom shall be registered voters or landowners in the host local government, to serve on a citizens" [sic] facility issues committee to represent the petitioning persons in the negotiation process. The membership of the citizens" [sic] facility issues committee shall be chosen within fifteen days following the validation of such written petition pursuant to this section. The plain language of §44-96-470(1) indicates that the committee is to be comprised of up to ten members, eighty percent (i.e., eight or more of the ten) who are to be registered voters or landowners in the host local government.

The Honorable Bob Waldrep
Page 3
February 5, 1996
From the enclosure with your letter, it is apparent that some of your constituents are concerned about the input of citizens from counties other than the "host local government" into the negotiating and permitting process. I am of the view that the statutory language relative to the selection process for the citizens facility issues committee is not ambiguous and must therefore be applied literally. If the General Assembly should disagree with my interpretation or should determine that greater input from citizens outside the "host local government" would be desirable, certainly the General Assembly could amend the relevant statutes to change the citizen participation procedures.

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This letter is an informal opinion only. It has been written by a designated Senior Assistant Attorney General and represents the position of the undersigned attorney as to the specific questions asked. It has not, however, been personally scrutinized by the Attorney General nor officially published in the manner of a formal opinion. With kindest regards, I am Sincerely,

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Patricia D. Petway
Senior Assistant Attorney General