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SANDY SPRING WATER CO. v. DHEC

No. 24519.

478 S.E.2d 60 (1996)

SANDY SPRINGS WATER CO., Big Creek Water Co., Starr-Iva Water Co., West Anderson Water Co., Hammond Water Co., Town of Belton, Town of Iva, Town of Pelzer, Town of Pendelton, Meansville-Riley Road Water Co., Broadway Water Co., Homeland Park Water and Sewer District, Town of Blackville, Highway 88 Water Co., Town of Hilda, Salley Water Works, City of Rock Hill, Bull Swamp Water Co., Gilbert-Summit, Jackson Public Works, City of Williamston, Town of St. George, Gaston Rural Water Co., Town of Ulmer, Town of Estill, and Burnettown Water System, Respondents, v. DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, Appellant.

Supreme Court of South Carolina.

Decided November 4, 1996.

Attorney(s) appearing for the Case

Carlisle Roberts, Jr., and Walton J. McLeod, III, SCDHEC, Columbia; Richard D. Bybee, of Smith, Bundy, Bybee & Barnett, Charleston, for Appellant.

G. Dana Sinkler, Warren & Sinkler, Charleston, for Respondents.

MOORE, Justice:

Respondents are public water systems. They commenced this equal protection action challenging the validity of fees paid to appellant Department of Health and Environmental Control (DHEC) for fiscal year 1993-94. The trial judge granted respondents summary judgment. We reverse.

FACTS

Pursuant to Congress's 1986 amendment of the Safe Drinking Water Act, the Environmental Protection Agency (EPA) promulgated new regulations that...

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