Could Chester’s water district shut off water over an unpaid city garbage fee?

Plain-English summary

In 1999, the City of Chester asked the Chester Metropolitan District to put the city's garbage fee on monthly water bills for customers using both services and to cut off water if those customers did not pay the garbage fee. An attorney for the district asked whether it had that power. The Attorney General's office could not give a definitive answer.

The assistant attorney general said the district's enabling legislation and other relevant statutes did not clearly resolve the question. He also found no case or earlier AG opinion addressing it. The letter suggested a declaratory judgment action for a final ruling. It was informal and did not authorize or forbid the proposed shutoff.

Currency note

This opinion was issued in 1999. 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

Did the AG say the water district could shut off service for unpaid garbage fees? A: No. The opinion said the legal authority was unclear and left the issue unresolved.

Did the AG say the city could put the fee on the water bill? A: The city had requested that arrangement, but the opinion did not give a separate ruling approving it.

What route did the opinion identify for a final answer? A: It suggested a declaratory judgment action, so a court could determine the district's power.

Background and statutory framework

The district served an area including the City of Chester. The city had assumed the burden of funding garbage disposal previously provided by the county. The office reviewed the district's enabling law and related statutes but found no clear answer on linking garbage-fee payment to water service.

Citations and references

The letter cited no statute section or court case by name.

Official title

Informing that the burden of raising funds for garbage disposal within the City of Chester has recently fallen on the City rather than the County, which had previously provided the service.

Requester

Arthur Lee Gaston, Esquire

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/july-21-1999/
• Original PDF: https://www.scag.gov/wp-content/uploads/2013/11/99july21gatson.pdf

Original opinion text

The State of South Carolina

OFFICE OF THE ATTORNEY GENERAL
CHARLES MOLONY C ONDON
ATTORNEY GEN ERAL

July 21, 1999

Arthur Lee Gaston, Esquire
Gaston, Gaston & Marion, P.A.
124 Gadsden Street
P.O. Drawer 608
Chester, South Carolina 29706-0608
RE:

Informal Opinion

Dear Mr. Gaston:
I have received your recent opinion request. You represent the Chester Metropolitan District (hereinafter the "District'), a special purpose district with its principal service area within Chester County including the corporate limits of the City of Chester. You have informed this Office that the burden of raising funds for garbage disposal within the City of Chester has recently fallen on the City rather than the County, which had previously provided the service The City has approached the District and asked that the garbage collection fee be placed as an additional line item on the monthly water utility bill of the common users (water and garbage collection) residing within the City limits. The City has requested that the District cut off the water of any common user who fails to pay the monthly garbage collection fee. You have asked whether the District possesses this power. I have reviewed the District's enabling legislation and other statutes relating to your question. Unfortunately, these pieces of legislation do not provide a clear answer to your question. Further, I have not been able to locate any case law or prior opinions of this Office addressing your question. Thus, in order to resolve your question with absolute finality, you way wish to a pursue a declaratory judgment action.

RF!HERT

c. DENNIS Bc ll. Dl~G

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POST OFFICE Box 11549

Pl:'()l IC'C'T 1 CTTCn

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COLt.iMBI A.

s.c. 29211-1549

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TELEPHONE:

803- 734-3970

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FACSIMILE: 803-253-62 83

Mr. Gaston
Page2
July 21, 1999
This letter is an informal opinion only. It has been written by a designated 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 best personal regards, I am Sincerely yours,

I
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E!#.K.~
PaulM. Koch
Assistant Attorney General