Bill 3856

                    Current Status

Bill Number:               3856
Ratification Number:       360
Act Number                 334
Introducing Body:          House
Subject:                   Relating to civil penalties for
                           violations by gas utility companies

(A334, R360, H3856)

AN ACT TO AMEND SECTION 58-5-1030, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIVIL PENALTIES FOR VIOLATIONS BY GAS UTILITY COMPANIES, SO AS TO INCREASE THEM.

Be it enacted by the General Assembly of the State of South Carolina:

Civil penalties

SECTION 1. Section 58-5-1030 of the 1976 Code is amended to read:

"Section 58-5-1030. (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 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.

(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."

Time effective

SECTION 2. This act takes effect upon approval by the Governor.

Approved the 20th day of February, 1990.