# S.C. Code Ann. Section 58-5-1030 - Civil penalties

**Citation:** S.C. Code Ann. Section 58-5-1030  
**Type / status:** regulation / current  
**Agency:** South Carolina General Assembly  
**Effective:** 2024-05-21  
**Published:** 2024-05-21

(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

## Document text

(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".

## Provenance

- Official: Yes
- Source: <https://www.scstatehouse.gov/code/t58c005.php>
- Source ID: `sc-leg-pipeline-safety`
- SHA-256: `9b46843be198e424772364d9289d1dceafa4c71fe10ce60b57899f0b173ee6bb`
- Retrieved: 2026-08-20T11:28:25.511Z
- Exported: 2026-08-22T15:18:59.581Z
- Document slug: `sc-code-58-5-1030`

### Source metadata

```json
{
  "jurisdiction": "US-SC",
  "documentClass": "statute",
  "code": "South Carolina Code of Laws",
  "publicationObservedOn": "2026-08-20",
  "certification": "49 U.S.C. 60105 intrastate-gas program",
  "hazardousLiquidSafetyJurisdiction": false,
  "interstateGasEnforcementJurisdiction": false,
  "dynamicFederalIncorporation": false,
  "sourceNote": "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\".",
  "references": [
    {
      "citation": "S.C. Code Ann. Section 58-5-1020",
      "referenceType": "state_statute",
      "url": "https://www.scstatehouse.gov/code/t58c005.php"
    },
    {
      "citation": "49 CFR 190.223",
      "referenceType": "federal_regulation",
      "url": "https://www.ecfr.gov/current/title-49/section-190.223"
    }
  ],
  "caveats": {
    "exactScope": "This bounded corpus contains 27 current, direct South Carolina gas-pipeline safety provisions: 14 provisions from Chapter 103, Article 4, including only pipeline-safety portions 103-412(2.6)-(2.7), and 13 provisions from the South Carolina Gas Safety Act of 1970, S.C. Code Sections 58-5-920 through 58-5-1070. The complete current Chapter 103 gas-systems article and complete current Gas Safety Act article are inventoried as the completeness boundary.",
    "excludedScope": "Customer deposits, billing, rates, certificates, economic service, routine metering, gas quality, curtailment, ordinary utility records, and related engineering provisions are adjacent or excluded and are not searchable. Chapter 58-36 excavation and one-call law, tariffs, dockets, orders, inspection forms, enforcement files, federal text, private standards, and non-gas programs require separate corpora. Interstate gas and all hazardous-liquid pipelines are excluded from the proven state-certification scope.",
    "applicability": "Applicability depends on the statutory definition of gas utility and pipeline facility, public-utility and gas-system status, commodity, facility type, intrastate or interstate status, federal jurisdiction, statutory exclusions for liquefied petroleum gas and anhydrous ammonia, waivers, and the text in force on the relevant date. PHMSA identifies South Carolina as certified for intrastate gas only and retains interstate gas and both intrastate and interstate hazardous-liquid enforcement. This connector does not infer hazardous-liquid certification.",
    "incorporation": "Regulation 103-490 and Sections 58-5-920, 58-5-970, and 58-5-1050 use rolling language for federal gas-safety standards as amended from time to time. Regulation 103-461 also points to editions of private standards referenced by federal rules. This connector links but does not reproduce incorporated federal or private standards and does not decide edition, preemption, or incorporation-validity questions.",
    "publication": "The South Carolina Legislature's current Code of Regulations index, official Chapter 103 PDF, and current Code of Laws HTML are the controlling publication set used here. Rule histories and statutory history notes support only the explicit events emitted; retrieval time is a publication observation, not a legal event or historical version.",
    "rights": "Official South Carolina and federal-government artifacts are retained with attribution and SHA-256 provenance. Public access does not establish unrestricted rights in site presentation, agency marks, forms, photographs, linked material, or incorporated private standards; private standards are not reproduced."
  },
  "region": "SC"
}
```