{"operation":"document","citation":"CPF 120056003","title":"HESS CORPORATION — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2005-06-28","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.509(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120056003.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120056003.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120056003","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120056003","body":"Notice of Probable Violation involving HESS CORPORATION. PHMSA's enforcement data identifies the cited regulation as 195.509(a). The case was opened on 2005-06-28 and is reported as closed as of 2005-12-06. Proposed civil penalty: $10,000. Assessed civil penalty: $5,000. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120056003_Final Order_11152005.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120056003/120056003_Final%20Order_11152005.pdf\n\n120056003_final order_11152005_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120056003/120056003_final%20order_11152005_text.pdf\n\n120056003_final order_11152005_text.pdf\n\nU. S Department\nof Transportation\nPipeline and\nHazardous Materials Safety\nAdtninistration\n400 Seventh Street, S W\nWashington, D C 20590\nNQIf t 5 2005\nMr. H. I. Small\nVice President - Terminal Operations\nAmerada Hess Corporation\n1 Hess Plaza\nWoodbridge, NJ 07095\nRE: CPF No. 1-2005-6003\nDear Mr. Small:\nEnclosed is the Final Order issued by the Associate Administrator for Pipeline Safety in the\nabove-referenced case. It makes a finding of violation and assesses a civil penalty of $5, 000. The\npenalty payment terms are set forth in the Final Order. This enforcement action closes\nautomatically upon payment. Your receipt of the Final Order constitutes service of that document\nunder 49 C. F. R. ) 190. 5.\nSincerely,\nJames Reynolds\nPipeline Compliance Registry\nOffice of Pipeline Safety\nEnclosure\ncc: Mr. Bill Gute Director, Eastern Region, OPS\nCERTIFIED MAIL - RETURN RECEIPT RE UESTED\n\n\n\nDEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D. C. 20590\nIn the Matter of\nAMERADA HESS CORPORATION,\nRespondent.\nCPF No. 1-2005-6003\nFINAL ORDER\nOn June 21 and 23, 2004, pursuant to 49 U. S. C. g 60117, representatives of the Office of Pipeline\nSafety(OPS), EasternRegion, conductedaninspectionofRespondent's Operator Qualification Plan\nand records at its Bayonne Terminal in New Jersey. As a result of the inspection, the Director,\nEastern Region, OPS, issued to Respondent, by letter dated June 28, 2005, a Notice of Probable\nViolation and Proposed Civil Penalty (Notice). In accordance with 49 C. F. R. g 190. 207, the Notice\nproposed finding that Respondent had violated 49 C. F. R. Part 195 and proposed assessing a civil\npenalty of $10, 000 for the alleged violation.\nRespondent responded to the Notice by letter dated July 29, 2005 (Response). Respondent did not\ncontest the allegation of violation but offered an explanation and requested that the proposed civil\npenalty be reduced. Respondent did not request a hearing, and therefore has waived its right to one.\nFINDINGS OF VIOLATION\n(Uncontested)\nIn its Response, Respondent did not contest the alleged violations in the Notice. Accordingly, I find\nthat Respondent violated the following sections of 49 C. F. R. Part 195, as more fully described in the\nNotice;\n49 C. F. R. g 195. 509(a) — failure to have a written Operator Qualification plan by\nApril 27, 2001.\nThis finding of violation will be considered a prior offense in any subsequent enforcement action\ntaken against Respondent.\nASSESSMENT OF PENALTY\nUnder 49 U. S. C. ) 60122, Respondent is subject to a civil penalty not to exceed $100, 000 per\nviolation for each day of the violation up to a maximum of $1, 000, 000 for any related series of\nviolations. The Notice proposed a $10, 000 civil penalty for violation of 49 C. F R. ( 195. 509(a).\n\n\n\n49 U. S. C. $ 60122 and 49 C. F. R. $ 190. 225 require that, in determining the amount of the civil\npenalty, I consider the following criteria: nature, circumstances, and gravity of the violation, degree\nof Respondent's culpability, history of Respondent's prior offenses, Respondent's ability to pay the\npenalty, good faith by Respondent in attempting to achieve compliance, the effect on Respondent's\nability to continue in business, and such other matters as justice may require.\nThe Notice proposed a civil penalty of $10, 000, as Respondent failed to have a written Operator\nQualification (OQ) plan by April 27, 2001. Respondent did not contest the allegation of violation\nbut offered an explanation and requested that the proposed civil penalty be reduced. At the time of\nthe inspection, Respondent did have an OQ plan. Respondent also had plans underway to take the\nline out of service by August 15, 2005 and maintain it in a caretaker status due to business demands.\nAccordingly, having reviewed the record and considered the assessment criteria, I assess Respondent\na civil penalty of $5, 000, for violation of 49 C F. R. $195. 509(a).\nPayment of the civil penalty must be made within 20 days of service. Payment may be made by\nsending a certified check or money order (containing the CPF Number for this case) payable to\n\"U. S. Department of Transportation\" to the Federal Aviation Administration, Mike Monroney\nAeronautical Center, Financial Operations Division (AMZ-120), P. O. Box 25770, Oklahoma City,\nOK 73125.\nFederal regulations (49 C. F. R. $ 89. 21(b)(3)) also permit this payment to be made by wire transfer,\nthrough the Federal Reserve Communications System(Fedwire), to the account of the U. S. Treasury.\nDetailed instructions are contained in the enclosure. Questions concerning wire transfers should be\ndirected to: Financial Operations Division (AMZ-120), Federal Aviation Administration, Mike\nMonroney Aeronautical Center, P. O. Box 25082, Oklahoma City, OK 73125; (405) 954-4719.\nFailure to pay the $5, 000 civil penalty will result in accrual of interest at the current annual rate in\naccordance with 31 U. S. C. $ 3717, 31 C. F. R. $ 901. 9 and 49 C. F. R. $ 89. 23. Pursuant to those same\nauthorities, a late penalty charge of six percent (6%) per annum will be charged if payment is not\nmade within 110 days of service. Furthermore, failure to pay the civil penalty may result in referral\nof the matter to the Attorney General for appropriate action in an United States District Court.\nUnder 49 C. F. R. $ 190 215, Respondent has a right to submit a Petition for Reconsideration of this\nFinal Order. The petition must be received within 20 days of Respondent's receipt of this Final\nOrder and must contain a brief statement of the issue(s). The filing of the petition automatically\nstays the payment of any civil penalty assessed. However if Respondent submits payment for the\ncivil penalty, the Final Order becomes the final administrative decision and the right to petition for\nreco ideration is waived. The terms and conditions of this Final Order are effective on receipt.\nSt ey e ard\nAsso te Administrator\nfor Pipeline Safety\nDate Issued","truncated":false,"body_characters":6711}