(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.
Structure South Carolina Code of Laws
Title 58 - Public Utilities, Services and Carriers
Chapter 5 - Gas, Heat, Water, Sewerage Collection And Disposal, And Street Railway Companies
Section 58-5-20. Applicability to a business not exclusively a public utility.
Section 58-5-210. Supervision and regulation of rates and service.
Section 58-5-220. Standardized system of accounts.
Section 58-5-230. Examination of books and accounts.
Section 58-5-240. Filing schedules of proposed rates and the like; effective date.
Section 58-5-260. Notice by publication of filing of new or changed schedule.
Section 58-5-270. Applications and individual consumer complaints; hearings.
Section 58-5-290. Correction by Commission of improper rates and the like.
Section 58-5-300. All facts may be considered in making correction.
Section 58-5-310. Record of proceedings; transcript of evidence.
Section 58-5-320. Recision, alteration or amendment of order or decision.
Section 58-5-330. Rehearing by Commission.
Section 58-5-340. Court review of orders or decisions.
Section 58-5-370. Charging higher water or gas rates than those fixed by Commission unlawful.
Section 58-5-390. Tap fees for installation and maintenance of fire sprinkler system; exception.
Section 58-5-400. Citation of article.
Section 58-5-410. Election to come under article.
Section 58-5-415. Duration of election; withdrawal of request to come under article.
Section 58-5-420. Contents of order.
Section 58-5-430. Monitoring reports; schedule and contents.
Section 58-5-440. March report; additional schedules.
Section 58-5-450. Review of reports; proposed tariff rate adjustments.
Section 58-5-460. Petition for review of Initial Order or failure to issue order; hearing.
Section 58-5-465. Final order; contents; deadline for issuance.
Section 58-5-480. Office of Regulatory staffing; assessments for staffing costs.
Section 58-5-740. Rights and remedies are cumulative.
Section 58-5-910. Short title.
Section 58-5-920. Definitions.
Section 58-5-930. Compliance with orders and regulations relating to federal safety standards.
Section 58-5-940. Assessments against gas utilities for administrative expenses and charges.
Section 58-5-950. Employment of staff; legal representation.
Section 58-5-960. Compliance with safety standards.
Section 58-5-980. Additional minimum safety standards.
Section 58-5-990. Application for rehearing; judicial review.
Section 58-5-1030. Civil penalties.
Section 58-5-1040. Injunctive relief.
Section 58-5-1050. Interaction with federal agencies.
Section 58-5-1060. Article inapplicable to liquefied petroleum gas.
Section 58-5-1070. Article inapplicable to anhydrous ammonia.
Section 58-5-1110. Definitions.
Section 58-5-1120. Termination procedures; contents.
Section 58-5-1130. Third-party notification program.
Section 58-5-1140. Disconnection when public safety emergency exists.
Section 58-5-1150. Promulgation of regulations.
Section 58-5-1160. Private right of action; new duty of care.