Economic Development

One of the greatest challenges of creating a regional water and/or wastewater system for Bamberg County will be developing an organizational structure that will be acceptable and economically beneficial to all parties involved. There are several ways in which a regional Water/Wastewater system can be organized and managed, such as a Commissioners of Public Works (CPW), a Special Purpose District (SPD), a Special Tax District (STD), and a Joint County-Municipal Commission or as an entity of a municipality. The following discussion provides a description of each of the options that are available to Bamberg County to form, manage, and govern a regional system.

A Commissioners of Public Works (CPW) could provide water and wastewater service for a regional system in Bamberg County. A CPW would have to be an agency of a City or Town only. A CPW consists of a Board of Commissioners, which makes all decisions concerning the CPW and its operation. Commissioners are elected by the public in the municipality. The board operates separately from the City or Town, except in certain financial situations such as borrowing money. Additionally, a CPW can only be abolished if the City or Town is abolished or if all of the Commissioners vote unanimously to abolish the CPW. The existing Bamberg Board of Public Works is already established and functions in this capacity.

A Special Purpose District (SPD) can be established to own, manage, and operate a regional water and wastewater system in Bamberg County. An SPD would be established by the State through an Act of the Legislature. An SPD would also be managed by a Board of Commissioners. The Commissioners are appointed by the Governor from the recommendations of local elected officials. Council members from the municipalities and/or the County cannot serve as Commissioners since they are not allowed to hold two (2) public offices in the State of South Carolina. Only the Bamberg County Council would have the power to change the boundaries of the SPD’s service area, but it could not abolish the SPD. SPD’s are typically established for counties that are not directly able to provide in the water and wastewater service. Examples of SPD’s include a Water and Sewer Authority, a Public Service District, and a Public Service Authority.

An SPD could be established for the regional water system in Bamberg County. The SPD would allow the Board of Commissioners to have representation from all areas of the County. The SPD could acquire ownership of all of the existing water and wastewater system assets in Bamberg County. Another alternative would be for the municipalities to maintain ownership of their systems and become wholesale customers of the SPD.

A third option for the organization of a regional water and wastewater system in Bamberg County would involve the creation of a Special Tax District (STD). A STD can be created in accordance with Home Rule (S.C. Code of Law 4-9-30) for purposes such as water treatment and distribution. Bamberg County Council could provide for the operation of the STD. The STD may be operated as an administrative division of the County, or County Council may appoint a Commission of three (3) to five (5) members and determine their terms of office.

Another option for organization of a regional water and wastewater system would be for the Bamberg Board of Public Works (BBPW) to maintain ownership and operation of their existing facilities, and for all other entities to either become wholesale customers of or be acquired by the BBPW. In the case of becoming wholesale customers, the ownership of the existing water and wastewater systems for the other entities would remain theirs, and each would continue to be responsible for normal operation and maintenance of those systems.

Another option for organization of a regional water and wastewater system would be for Bamberg County to create a Bamberg County Joint Municipal Water and Wastewater Commission. The existing water and wastewater systems within the municipal areas of Bamberg County would be interconnected to form a regional system, but would not have to be owned by the County, based on Home Rule (S.C. Code of Law 4-9-30-11).

By implementing this plan, ownership of the existing water and wastewater systems could either remain with the existing owners or be conveyed to a regional system owned by the County. The system owner(s) would be responsible for normal operation and maintenance of the system(s) but the collective operation and maintenance resources of all systems would be pooled together. If ownership of the existing water and wastewater systems were to remain with their current owners, it would be recommended that their service areas would be fixed to the area currently served by their systems. All currently unserved areas would be provided service by the Commission.

In this proposal, the BBPW would be the primary wholesale purveyor for the county-wide system. According to Home Rule Section 4-9-30 of the S.C. Code of Law, each county government has the power to grant franchises throughout the unincorporated areas of the county to provide services and utilities of public interest.

The ability to create a regional system owned by Bamberg County would be dependant upon a referendum and the ability of the County to absorb debt incurred through the creation of a regional system. The obligation of the County to the debt of the combined system is also addressed in Home Rule Section 4-9-30 of the S.C. Code of Law.