Legislation could allow private sewage plants, overturn regional ban

The Legislature is considering a bill that would strip regional councils of governments of their authority to prohibit privately-owned sewage treatment plants.

The legislation could clear a path toward developing rural areas with no sewer lines, like Awendaw and parts of Johns Island.

The provision came in the form of an amendment tucked into an existing bill in May, not long after the Berkeley-Charleston-Dorchester Council of Governments voted against allowing privately owned sewage plants.

Lawmakers said the move to bar COGs from regulating private sewage plants was initiated by Charleston Councilman Tim Mallard, who was chairman of the COG's wastewater subcommittee, and disagreed with the vote against allowing private sewer plants.

According to senators on both sides of the issue, Mallard sent a letter questioning whether councils of government had the authority to regulate such facilities.

His letter led to an opinion from the state Attorney General saying that state law does not give COGs the authority, and then Sen. Glenn McConnell, R-Charleston, added the controversial amendment to a bill dealing with water districts.

Opponents of the measure say it is bad policy, and ignores the fact that COGs have the power to regulate sewage under the federal Clean Water Act.

Read more in tomorrow's editions of The Post and Courier.