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Proposed bill outlines path for county takeover of failing municipal water systems

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As residents continue to raise concerns about water quality, billing errors and accountability in Summerton, a newly introduced bill in the South Carolina House aims to create a legal pathway for county intervention when municipal water systems are failing.

House Bill 4747, sponsored by Rep. Fawn Pedalino, would authorize counties that operate a countywide water and sewer system to acquire municipal systems within their borders, provided a series of voter, public notice and governing body requirements are met. The legislation would take effect July 1, 2026.

Pedalino said the bill was drafted in response to a gap in existing state law.

“Right now, there is no existing state law that provides a clear, lawful path for the state or a county to step in when a municipal water system is failing financially, operationally, or administratively, like what residents are experiencing in Summerton,” she said. “That gap in the law is exactly what House Bill 4747 is trying to address.”

Under the bill, at least 40% of registered voters within a water system’s service area must sign a petition before a county can consider acquiring a municipal system. The county election commission would be required to verify the signatures, followed by a public meeting and a county council vote.

Pedalino said the threshold reflects the seriousness of transferring control of a local utility.

“Because this bill involves the possible transfer of control of a local utility, it is critical that any action be driven by clear and substantial community support,” she said. “I believe the town hall itself demonstrated that this level of engagement is more than achievable.”

She cited the July town hall meeting in Summerton, where residents detailed years of billing discrepancies, discolored water, sewer backups and communication failures.

“Having nearly half the gym filled during a severe thunderstorm showed just how deeply residents are affected and how strongly they want their voices heard,” Pedalino said. “Many of these residents are unhappy customers who currently have little to no say when it comes to electing different leadership, which makes providing a clear, community-driven path forward even more important.”

Even with a successful petition, counties would not be required to take over a municipal system. The bill allows counties to decline if an acquisition would create an undue financial burden or violate state or federal law.

“Counties have an obligation to protect all taxpayers, not just those in one municipality, so we had to make sure they had a voice as well,” Pedalino said.

She said she has already begun discussions with Clarendon County officials about applying for a Rural Infrastructure Authority grant to assess Summerton’s system.

“That grant would allow professionals to determine what the true cost would be, whether a takeover is feasible, and what options exist,” she said. “Without that data, everyone is guessing.”

Pedalino emphasized that H.4747 is not intended as an immediate fix.

“This bill is a structural fix,” she said. “It ensures that in the future, residents are not left without a lawful path forward when a system is failing. It prevents this situation from repeating — not just in Summerton, but across South Carolina.”

In the short term, she said state authority remains limited. “Right now, the state has very limited authority to step in unless there is a clear environmental or public-health violation,” she said, noting that agencies have indicated Summerton does not meet that threshold under current standards.

She said one option lawmakers may consider is legislation allowing the state to initiate audits when serious concerns arise. “Currently, municipalities and counties are responsible for hiring their own auditing firms,” she said, adding that withholding funds is often the state’s only enforcement tool.

Pedalino said regionalization of water systems remains one of several options under discussion but acknowledged potential legal challenges.

“If a regional system were ever seriously considered as a path forward, it would not happen without extensive public input,” she said. “Any proposal would have to include clear rate protections, service-level requirements, and a full cost analysis.”

As of press time, Summerton Town Administrator Mary Adger had not responded to requests for comment. Mayor Keith Bowman declined to comment until he had researched the bill further.