# S.C. Code Ann. Section 58-5-1040 - Injunctive relief

**Citation:** S.C. Code Ann. Section 58-5-1040  
**Type / status:** regulation / current  
**Agency:** South Carolina General Assembly  
**Effective:** 2006-05-24  
**Published:** 2006-05-24

(a) The court of common pleas shall have jurisdiction to restrain violations of this article (including the restraining of transportation of gas or the operation of a pipeline facility) or to enforce standards established hereunder upon petition by the Office of Regulatory Staff. Whenever practicable, the Office of Regulatory Staff shall give notice to any gas utility against which an action for injunctive relief is 

## Document text

(a) The court of common pleas shall have jurisdiction to restrain violations of this article (including the restraining of transportation of gas or the operation of a pipeline facility) or to enforce standards established hereunder upon petition by the Office of Regulatory Staff. Whenever practicable, the Office of Regulatory Staff shall give notice to any gas utility against which an action for injunctive relief is contemplated and afford it an opportunity to present its views, and, except in the case of a knowing and willful violation, shall afford it reasonable opportunity to achieve compliance. The failure to give notice and afford an opportunity to achieve compliance shall not preclude the granting of appropriate relief. (b) In any proceeding for criminal contempt for violation of an injunction or restraining order issued under this section, which violation also constitutes a violation of this article, trial shall be by the court or upon demand of the accused, by a jury. The trial shall be conducted in accordance with the practice and procedure applicable in such proceedings established by the court of common pleas. (c) Actions under subsection (a) of this section and Section 58-5-1030 may be brought in the judicial circuit wherein any act or transaction constituting the violation occurred, or in the circuit wherein the defendant is found or is an inhabitant or transacts business, and process in such cases may be served in any other circuit of which the defendant is an inhabitant or transacts business or wherever the defendant may be found. (d) In any action brought under subsection (a) of this section and Section 58-5-1030, subpoenas for witnesses who are required to attend a court of common pleas may be served in any county.

HISTORY: 1962 Code SECTION 58-144; 1970 (56) 2420; 2006 Act No. 318, SECTION 30, eff May 24, 2006.

## Provenance

- Official: Yes
- Source: <https://www.scstatehouse.gov/code/t58c005.php>
- Source ID: `sc-leg-pipeline-safety`
- SHA-256: `4ab7e38537e5ca23c852b146655108c5ca0101897e3b9de75311b4e36c915b0d`
- Retrieved: 2026-08-20T11:28:25.511Z
- Exported: 2026-08-24T03:30:16.765Z
- Document slug: `sc-code-58-5-1040`

### 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 58-144; 1970 (56) 2420; 2006 Act No. 318, SECTION 30, eff May 24, 2006.",
  "references": [
    {
      "citation": "S.C. Code Ann. Section 58-5-1030",
      "referenceType": "state_statute",
      "url": "https://www.scstatehouse.gov/code/t58c005.php"
    }
  ],
  "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"
}
```