South Carolina § 58-5-1030 - Civil penalties.

§ 58-5-1030. Civil penalties.

(a) A gas utility which violates a provision of Section 58-5-1020 or a regulation under this article is subject to a civil penalty of not more than the maximum civil penalty provided pursuant to 49 U.S.C. Section 60122 and 49 C.F.R. 190.223.

(b) A civil penalty may be compromised by the commission. In determining the amount of the penalty, or the amount agreed upon in compromise, the appropriateness of the penalty to the size of the business of the person charged, the gravity of the violation, and the good faith of the person charged in attempting to achieve compliance, after notification of a violation, must be considered. The amount of the penalty when finally determined, or the amount agreed upon in compromise, may be recovered in a civil action in the court of common pleas.

HISTORY: 1962 Code SECTION 58-143; 1970 (56) 2420; 1990 Act No. 334, SECTION 1, eff February 20, 1990; 2024 Act No. 208 (H.5154), SECTION 1, eff May 21, 2024.

Effect of Amendment

2024 Act No. 208, SECTION 1, in (a), substituted "the maximum civil penalty provided pursuant to 49 U.S.C. Section 60122 and 49 C.F.R. 190.223" for "ten thousand dollars for each violation for each day that the violation persists, except that the maximum civil penalty may not exceed five hundred thousand dollars for any related series of violations".