{"operation":"document","citation":"CPF 120121026","title":"IROQUOIS GAS CORP — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2012-12-18","effective_on":null,"summary":"CLOSED notice of probable violation citing 192.491(c), 192.707(a)(2).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120121026.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120121026.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120121026","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120121026","body":"Notice of Probable Violation involving IROQUOIS GAS CORP. PHMSA's enforcement data identifies the cited regulations as 192.491(c),  192.707(a)(2). The case was opened on 2012-12-18 and is reported as closed as of 2013-09-30. Proposed civil penalty: $8,700. Assessed civil penalty: $8,700. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120121026_Closure Letter_09302013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120121026/120121026_Closure%20Letter_09302013.pdf\n\n120121026_Closure Letter_09302013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120121026/120121026_Closure%20Letter_09302013_text.pdf\n\n120121026_Final Order_05282013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120121026/120121026_Final%20Order_05282013.pdf\n\n120121026_Final Order_05282013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120121026/120121026_Final%20Order_05282013_text.pdf\n\n120121026_NOPV PCP PCO_12182012_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120121026/120121026_NOPV%20PCP%20PCO_12182012_text.pdf\n\n120121026_NOPV-PCP-PCO_12182012.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120121026/120121026_NOPV-PCP-PCO_12182012.pdf\n\n120121026_Operator_Response_and_Request_for_Time_Extension_01162013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120121026/120121026_Operator_Response_and_Request_for_Time_Extension_01162013.pdf\n\n120121026_Closure Letter_09302013_text.pdf\n\nU.S. Department Of Transportation Pipeline and 609.989.2171\nHazardous Materials\nSafety Administration\n820 Bear Tavern Road, Suite 103\nWest Trenton, NJ 08628\nOVERNIGHT EXPRESS MAIL\nSeptember 30, 2013\nMr. Jeffrey A. Bruner, President\nIroquois Pipeline Operating Company\nOne Corporate Drive, Suite 600\nShelton, CT 06484\nCPF 1-2012-1026\nDear Mr. Bruner:\nOn May 28, 2013, the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued\nto Iroquois Pipeline Operating Company a Final Order in the above-referenced case. This Order\nincluded a Compliance Order and Civil Penalty assessment. Based on our review of the\ndocumentation you provided, and confirmation of payment of the civil penalty, it has been\ndetermined that you have complied with the terms of this Order.\nAccordingly, this case is now closed and no further action is contemplated with respect to the\nmatters involved in this case. Thank you for your cooperation in this matter.\nSincerely,\nByron Coy, PE\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\nCc: Kevin Speicher, NYSDPS\n\n120121026_NOPV PCP PCO_12182012_text.pdf\n\nU.S. Department Of Transportation Pipeline and 609.989.2171\nHazardous Materials\nSafety Administration\n820 Bear Tavern Road, Suite 103\nWest Trenton, NJ 08628\nNOTICE OF PROBABLE VIOLATION\nPROPOSED CIVIL PENALTY\nand\nPROPOSED COMPLIANCE ORDER\nUPS OVERNIGHT DELIVERY\nDecember 18, 2012\nMr. E.J. Holm, President\nIroquois Pipeline Operating Company\nOne Corporate Drive, Suite 600\nShelton, CT 06484\nCPF 1-2012-1026\nDear Mr. Holm:\nBetween July 11 and July 15, 2011, State Inspectors from the New York State Department of Public\nService (NYSDPS), acting as Agent for the Pipeline and Hazardous Materials Safety Administration\n(PHMSA) pursuant to Chapter 601 of 49 United States Code inspected your pipeline facilities in the\nOverland operating district of NY State, and records in Shelton, CT.\nAs a result of the inspection, it appears that you have committed probable violations of the Pipeline Safety\nRegulations, Title 49, Code of Federal Regulations. The items inspected and the probable violations are:\n1. § 192.491 Corrosion control records\n(c) Each operator shall maintain a record of each test, survey, or inspection required by this\nsubpart in sufficient detail to demonstrate the adequacy of corrosion control measures or\nthat a corrosive condition does not exist. These records must be retained for at least 5 years,\nexcept that records related to §§192.465 (a) and (e) and 192.475(b) must be retained for as\nlong as the pipeline remains in service.\nThe operator could not produce a record of an inspection for internal corrosion as required by 192.475(b).\nIn December of 2010, Iroquois Pipeline Operating Company (IPOC) completed a meter replacement\nproject at their New Bremen metering station. The work involved removal of a 4-inch turbine meter and\n\n\n\n1-2012-1026\ninstallation of a Dresser Series 7M1480 Roots meter. To accommodate installation of the new meter, the\ncompany had to remove a short section of 4-inch piping.\nDuring the audit conducted the week of July 11, 2011, staff requested documentation of an internal\ninspection for the New Bremen meter replacement project.\nIPOC staff maintained that the inspection was done, but they did not have an internal inspection record on\nfile.\n2. § 192.707 Line markers for mains and transmission lines.\n(a) Buried pipelines. Except as provided in paragraph (b) of this section, a line marker must be\nplaced and maintained as close as practical over each buried main and transmission line:\n(2) Wherever necessary to identify the location of the transmission line or main to reduce the\npossibility of damage or interference.\nThe operator failed to properly install and maintain line markers for each transmission line wherever\nnecessary to identify the location of the transmission line or main to reduce the possibility of damage or\ninterference.\nOn 7/14/2011 and 7/15/2011, NYSDPS staff performed a field audit along the pipeline from the St.\nLawrence River crossing to the Mohawk River Crossing.\nDuring this field audit, staff walked and drove sections of the pipeline and noted the operator did not have\npipeline markers in adequate quantity or placement so that the route of the pipeline could be accurately\ndiscerned from any point on or adjacent to the pipeline right-of-way. There is at least one bend or turn\nalong each of the pipeline sections denoted below. The areas inspected by NYSDPS staff include the\nfollowing:\na. From milepost MP 0 at the St. Lawrence River to the Crossing of State Route 37 (approximately\nb. c. d. 1 mile).\nFrom milepost MP 37.25 to MP 38.25.\nFrom milepost MP 76 to MP 76.75. There was only 1 line marker along this entire length of\nROW and it was obscured by large growth vegetation.\nNYSDPS staff observed no line markers in the ROW near MP 149, MP 150 and MP 150.5.\nNYSDPS staff took photographs of their observations along the pipeline.\nUnder 49 United States Code, § 60122, you are subject to a civil penalty not to exceed $200,000 per\nviolation per day the violation persists up to a maximum of $2,000,000 for a related series of violations.\nFor violations occurring prior to January 4, 2012, the maximum penalty may not exceed $100,000 per\nviolation per day, with a maximum penalty not to exceed $1,000,000 for a related series of violations.\nThe Compliance Officer has reviewed the circumstances and supporting documentation involved in the\nabove probable violation(s) and has recommended that you be preliminarily assessed a civil penalty of\n$8,700 as follows:\nItem number PENALTY\n1 $ 8,700\n120121026_NOPV_PCP_PCO_12182012 Page 2 of 4\n\n\n\n1-2012-1026\nProposed Compliance Order\nWith respect to item 2 pursuant to 49 United States Code § 60118, the Pipeline and Hazardous Materials\nSafety Administration proposes to issue a Compliance Order to IPOC. Please refer to the Proposed\nCompliance Order, which is enclosed and made a part of this Notice.\nResponse to this Notice\nEnclosed as part of this Notice is a document entitled Response Options for Pipeline Operators in\nCompliance Proceedings. Please refer to this document and note the response options. Be advised that\nall material you submit in response to this enforcement action is subject to being made publicly\navailable. If you believe that any portion of your responsive material qualifies for confidential treatment\nunder 5 U.S.C. 552(b), along with the complete original document you must provide a second copy of the\ndocument with the portions you believe qualify for confidential treatment redacted and an explanation of\nwhy you believe the redacted information qualifies for confidential treatment under 5 U.S.C. 552(b). If\nyou do not respond within 30 days of receipt of this Notice, this constitutes a waiver of your right to\ncontest the allegations in this Notice and authorizes the Associate Administrator for Pipeline Safety to\nfind facts as alleged in this Notice without further notice to you and to issue a Final Order.\nPlease submit all correspondence in this matter to Byron Coy, PE, Director, PHMSA Eastern Region, 820\nBear Tavern Road, Suite 103, W. Trenton, NJ 08628. Please refer to CPF 1-2012-1026 on each\ndocument you submit, and please, whenever possible, provide a signed PDF copy in electronic format.\nSmaller files may be emailed to Byron.Coy@dot.gov. Larger files should be sent on a CD accompanied\nby the original paper copy to the Eastern Region Office.\nSincerely,\nByron E. Coy, P.E.\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\nEnclosures: Proposed Compliance Order\nResponse Options for Pipeline Operators in Compliance Proceedings\nCc: Mr. Kevin Speicher, NYSDPS\n120121026_NOPV_PCP_PCO_12182012 Page 3 of 4\n\n\n\n1-2012-1026\nPROPOSED COMPLIANCE ORDER\nPursuant to 49 United States Code § 60118, the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) proposes to issue to Iroquois Pipeline Operating Company (IPOC) a\nCompliance Order incorporating the following remedial requirements to ensure the compliance\nof IPOC with the pipeline safety regulations:\n1. In regard to Item Number 2 of the Notice pertaining to the failure to properly\ninstall and maintain pipeline line markers along the pipeline from the St.\nLawrence River Crossing to the Mohawk River Crossing, IPOC must install\npipeline markers in adequate quantity and placement so that the route of the\npipeline, especially at changes in direction, can be accurately discerned from any\npoint along the pipeline right-of-way (ROW).\n2. IPOC must submit documentation that demonstrates it has completed the\ninstallation of the pipeline line markers along the pipeline from the St. Lawrence\nRiver Crossing to the Mohawk River Crossing, as noted in item #1 above, within\n90 days of receipt of the Final Order.\n3 It is requested (not mandated) that IPOC maintain documentation of the safety\nimprovement costs associated with fulfilling this Compliance Order and submit\nthe total to Byron E. Coy, P.E., Director, Eastern Region, Pipeline and Hazardous\nMaterials Safety Administration. It is requested that these costs be reported in\ntwo categories: 1) total cost associated with preparation/revision of plans,\nprocedures, studies and analyses, and 2) total cost associated with replacements,\nadditions and other changes to pipeline infrastructure.\n120121026_NOPV_PCP_PCO_12182012 Page 4 of 4\n\n120121026_Final Order_05282013_text.pdf\n\nMay 28, 2013\nMr. Jeffrey A. Bruner\nPresident\nIroquois Pipeline Operating Company\nOne Corporate Drive, Suite 600\nShelton, CT 06484\nRe: CPF No. 1-2012-1026\nDear Mr. Bruner:\nEnclosed please find the Final Order issued in the above-referenced case. It makes findings of\nviolation, assesses a civil penalty of $8,700, and specifies actions that need to be taken by\nIroquois Pipeline Operating Company to comply with the pipeline safety regulations. This is to\nacknowledge receipt of payment of the full penalty amount, by wire transfer dated\nFebruary 7, 2013. When the terms of the Compliance Order are completed, as determined by the\nDirector, Eastern Region, this enforcement action will be closed. Service of the Final Order by\ncertified mail is deemed effective upon the date of mailing, or as otherwise provided under\n49 C.F.R. § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nJeffrey D. Wiese\nAssociate Administrator\nfor Pipeline Safety\nEnclosure\ncc: Mr. Byron Coy, Director, Eastern Region, OPS\nMr. Alan Mayberry, Deputy Associate Administrator for Field Operations, OPS\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n____________________________________\nIn the Matter of )\nIroquois Pipeline Operating Company, ) )\n)\n)\nRespondent. )\n____________________________________)\nCPF No. 1-2012-1026\nFINAL ORDER\nBetween July 11, and July 15, 2012, State Inspectors from the New York State Department of\nPublic Service (NYSDPS), acting as Agent for the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to Chapter 601 of 49 United States Code, conducted an on-\nsite pipeline safety inspection of the facilities and a records review of Iroquois Pipeline\nOperating Company (Iroquois or Respondent) in New York and Western Connecticut. Iroquois\nis a wholly owned subsidiary of Iroquois Gas Transmission System, LP. Iroquois operates a\n416-mile natural gas pipeline extending through New York and Western Connecticut.1\nAs a result of the inspection, the Director, Eastern Region, OPS (Director), issued to Respondent,\nby letter dated December 18, 2012, a Notice of Probable Violation, Proposed Civil Penalty, and\nProposed Compliance Order (Notice). In accordance with 49 C.F.R. § 190.207, the Notice\nproposed finding that Iroquois had violated 49 C.F.R. §§ 192.491(c) and 192.707(a) and\nproposed assessing a civil penalty of $8,700 for one of the alleged violations. The Notice also\nproposed ordering Respondent to take certain measures to correct an alleged violation.\nIroquois responded to the Notice by letter dated January 16, 2013 (Response). The company did\nnot contest the allegations of violation and paid the proposed civil penalty of $8,700, as provided\nin 49 C.F.R. § 190.227. Payment of the penalty authorizes PHMSA to make findings of\nviolation as to those items which Iroquois has paid. The findings are made with prejudice to\nRespondent.\nFINDINGS OF VIOLATION\nIn its Response, Iroquois did not contest the allegations in the Notice that it violated\n49 C.F.R. Part 192, as follows:\n1 See http://www.iroquois.com/environmental-gas.asp, (last accessed on May 2, 2013).\n\n\n\n2\nItem 1: The Notice alleged that Respondent violated 49 C.F.R. § 192.491(c), which states in\nrelevant part:\n§ 192.491 Corrosion control records.\n(a)….\n(c) Each operator shall maintain a record of each test, survey, or\ninspection required by this subpart in sufficient detail to demonstrate the\nadequacy of corrosion control measures or that a corrosive condition does\nnot exist. These records must be retained for at least 5 years, except that\nrecords related to §§192.465 (a) and (e) and 192.475(b) must be retained\nfor as long as the pipeline remains in service.\nThe Notice alleged that Respondent violated 49 C.F.R. § 192.491(c) by failing to maintain and\nprovide a record of an inspection for internal corrosion. Specifically, the Notice alleged that\nIroquois failed to maintain a record of inspecting the internal surface of removed pipe for\ncorrosion during the installation of a Dresser Series 7M1480 Roots meter and the removal of a\nshort section of 4-inch pipe, on July 22, 2011, for the New Bremen meter replacement project.\nRespondent did not contest this allegation of violation. Accordingly, based upon a review of all\nof the evidence, I find that Respondent violated 49 C.F.R. § 192.491 by failing to maintain an\ninternal inspection record for corrosion during the installation of a Dresser Series 7M1480 Roots\nmeter and the removal of a short section of 4-inch pipe for the New Bremen meter replacement\nproject.\nItem 2: The Notice alleged that Respondent violated 49 C.F.R. § 192.707(a), which states in\nrelevant part:\n§ 192.707 Line markers for mains and transmission lines.\n(a) Buried Pipelines. Except as provided in paragraph (b) of this\nsection, a line marker must be placed and maintained as close as practical\nover each buried main and transmission line:\n(1) ….\n(2) Wherever necessary to identify the location of the transmission line\nor main to reduce the possibility of damage or interference.\nThe Notice alleged that Respondent violated 49 C.F.R. § 192.707(a) by failing to install and\nmaintain markers for each transmission line wherever necessary to identify the location of the\ntransmission line or main to reduce the possibility of damage or interference. Specifically, the\nNotice alleged that Iroquois did not have pipeline markers in adequate quantity or placement so\nthat the location of the pipeline from the St. Lawrence River Crossing to the Mohawk River\nCrossing could be accurately discerned.\nRespondent did not contest this allegation of violation. Accordingly, based upon a review of all\nof the evidence, I find that Respondent violated 49 C.F.R. § 192.707 by failing to have pipeline\nmarkers in adequate quantity or placement so that the location of the pipeline from the St.\nLawrence River Crossing to the Mohawk River Crossing could be accurately discerned.\n\n\n\n3\nThese findings of violation will be considered prior offenses in any subsequent enforcement\naction taken against Respondent.\nASSESSMENT OF PENALTY\nUnder 49 U.S.C. § 60122, Respondent is subject to an administrative civil penalty not to exceed\n$100,000 per violation for each day of the violation, up to a maximum of $1,000,000 for any\nrelated series of violations. In determining the amount of a civil penalty under\n49 U.S.C. § 60122 and 49 C.F.R. § 190.225, I must consider the following criteria: the nature,\ncircumstances, and gravity of the violation, including adverse impact on the environment; the\ndegree of Respondent’s culpability; the history of Respondent’s prior offenses; the Respondent’s\nability to pay the penalty and any effect that the penalty may have on its ability to continue doing\nbusiness; and the good faith of Respondent in attempting to comply with the pipeline safety\nregulations. In addition, I may consider the economic benefit gained from the violation without\nany reduction because of subsequent damages, and such other matters as justice may require.\nThe Notice proposed a total civil penalty of $8,700 for the violations cited above.\nItem 1: The Notice proposed a civil penalty of $8,700 for Respondent’s violation of\n49 C.F.R. § 192.491, for failing to maintain an internal inspection record for corrosion during the\ninstallation of a Dresser Series 7M1480 Roots meter and the removal of a short section of 4-inch\npipe, on July 22, 2011, for the New Bremen meter replacement project. Iroquois paid the\nproposed penalty, which authorizes PHMSA to make a finding of violation, with prejudice,\nregarding this item. Accordingly, having reviewed the record and considered the assessment\ncriteria, I assess Respondent a civil penalty of $8,700 for violation of 49 C.F.R. §192.491.\nIn summary, having reviewed the record and considered the assessment criteria for each of the\nItems cited above, I assess Respondent a total civil penalty of $8,700, which has been paid in full\nby Iroquois.\nCOMPLIANCE ORDER\nThe Notice proposed a Compliance Order with respect to Item 2 in the Notice for the violation of\n49 C.F.R. §192. Under 49 U.S.C. § 60118(a), each person who engages in the transportation of\ngas or who owns or operates a pipeline facility is required to comply with the applicable safety\nstandards established under chapter 601. Pursuant to the authority of 49 U.S.C. § 60118(b) and\n49 C.F.R. § 190.217, Respondent is ordered to take the following actions to ensure compliance\nwith the pipeline safety regulations applicable to its operations:\n1. With respect to the violation of § 192.707 (Item 2), Respondent must install and\nmaintain pipeline markers along the pipeline from the St. Lawrence River Crossing to\nthe Mohawk River Crossing in adequate quantity and placement so that the route of\nthe pipeline, especially changes in direction, can be accurately discerned to reduce the\npossibility of damage or interference.\n\n\n\n4\n2. Respondent must submit documentation that demonstrates it has completed the\ninstallation of the pipeline markers, as noted in item #1 above, within 90 days of\nreceipt of the Final Order.\n3. It is requested (not mandated) that Respondent maintain documentation of the\nsafety improvement costs associated with fulfilling this Compliance Order and submit\nthe total to Byron Coy, P.E., Director, Eastern Region, Pipeline and Hazardous\nMaterials Safety Administration. It is requested that these costs be reported in two\ncategories: 1) total cost associated with preparation/revision of plans, procedures,\nstudies and analyses; and 2) total cost associated with replacements, additions and\nother changes to pipeline infrastructure.\nThe Director may grant an extension of time to comply with any of the required items upon a\nwritten request timely submitted by the Respondent and demonstrating good cause for an\nextension.\nFailure to comply with this Order may result in the administrative assessment of civil penalties\nnot to exceed $100,000 for each violation for each day the violation continues or in referral to the\nAttorney General for appropriate relief in a district court of the United States.\nThe terms and conditions of this Final Order are effective upon service in accordance with\n49 C.F.R. § 190.5.\n___________________________________ __________________________\nJeffrey D. Wiese Date Issued\nAssociate Administrator\nfor Pipeline Safety\n\n120121026_NOPV-PCP-PCO_12182012.pdf\n\ne\nU.S. Department\nOf Transoortation\nPipeline aid\nHazardous Materials\nSafety Administration\n82o BearTavem Road, Suite lo3\nWest Trenton, NJ 08628\n6099.9E9.2r7r\nNOTICE OF PROBABLE VIOLATION\nPROPOSED CIVI PENALTY\nand\nPROPOSED COMPLIANCE ORDER\nUPS OVERNIGHT DELIVERY\nDecember 18,2012\nMr. E.J. Holm, President\nlroquois Pipeline Opcrating Company\nOne Corporate Drive, Suite 600\nShelton, CT 06484\ncPF r-2012-1026\nDcar Mr. Holm:\nBetween July I I and July 15, 201I, State Inspectors from the Ncw York State Department of Public\nService Q',trYSDPS), acting as Agent for the Pipeline and Hazardous Materials Safcty Administration\n(PHMSA) pursuant to Chapter 601 of 49 United States Code inspected your pipeline facilities in the\nOverland opcrating district ofNY State, and records in Shelton, CT.\nAs a result ofthe inspection, it appears that you have committed probable violations ofthe Pipelinc Safety\nRcgulations, Title 49, Code of Federal Regulations. The items inspected and the probablc violations are:\nf. $ 192.491 Corrosion control records\n(c) Each operator shall maintain a record ofeach test, survey, or inspection required by this\nsubpart in sulficient detail to demonstrate the adequacy of corrosion control measures or\nthat a corrosive condition does not exist. These records must be retained for at least 5 years,\nexcept that records related to 55192.465 (a) and (e) and 192.475(b) must be retained lbr as\nlong as the pipeline remains in service.\nThe operator could not producc a rccord ofan inspection for intemal corrosion as requircd by 192.47 5(b).\nIn December of 2010, Iroquois Pipelinc Opcrating Company (IPOC) completed a meter replaccment\nproject at their New Bremen mctering station. The work involved removal ofa 4-inch turbine meter and\n\n\n\n1-2012-t026\ninstallation of a Dresser Series 7M1480 Roots meter. To accommodate installation of the new meter, the\ncompany had to remove a short section of4-inch piping.\nDuring the audit conducted the week of July 11, 201l, staff requested documentation of an intemal\ninspection for thc Ncw Bremen meter replacement project.\nIPOC staffmaintained that the inspection was done, but they did not have an intcmal inspection record on\nfile.\n2. S 192.707 Line markers for mains and transmission lines.\n(a) Buried pipelines. Except as provided in paragraph (b) of this section, a line marker must be\nplaced and maintained as close as practical over each buried main and transmission line:\n(2) Wherever necessary to identify the location ofthe transmission line or main to reduce the\npossibility of damage or interference.\nThe operator failed to properly install and maintain linc markers for each transmission line wherevcr\nnecessa.ry to identify the location ofthe transmission line or main to reduce the possibility ofdamage or\ninterference.\nOn 7/14/2011 and 711512011, NYSDPS staff performed a field audit along the pipelinc fiom the St.\nLawrence River crossing to the Mohawk River Crossing.\nDuring this field audit, staff walked and drove sections ofthe pipeline and noted the operator did not have\npipeline markers in adequate quantity or placement so that the route of the pipeline could be accurately\ndiscemed fiom any point on or adjacent to the pipeline right-of-way. There is at least one bend or tum\nalong each of the pipeline sections denoted below. The areas inspected by NYSDPS staff include the\nfollowing:\na. From milepost MP 0 at the St. Lawrence Rivcr to the Crossing of State Route 37 (approximately\nI mile).\nb. From milepostMP 37 .25 to MP 38.25.\nc. From milepost MP 76 to MP 76.75. There was only I line marker along this entire length of\nROW and it was obscured by large growth vegetation.\nd. NYSDPS staff observed no line markers in the ROW near MP 149, MP 150 and MP 150.5.\nNYSDPS stafftook photographs oftheir observations along the pipelinc.\nUnder 49 United States Code, $ 60122, you are subject to a civil penalty not to exceed $200,000 per\nviolation per day the violation persists up to a maximum of $2,000,000 for a related series of violations.\nFor violations occurring prior to January 4,2012, thc maximum penalty may not exceed $100,000 per\nviolation per day, with a maximum penalty not to exceed $1,000,000 for a related series of violations.\nThc Compliance Officer has reviewcd the circumstances and supporting documcntation involvcd in the\nabove probable violation(s) and has recommended that you bc preliminarily assessed a civil penalty of\n$8,700 as follows:\nItem number\nI\nPENALTY\n$ 8,700\nt20t2t026 NoPV PCP PCO 12182012\nPage 2 of 4\n\n\n\nl-2012-1026\nProoosed Comoliance Order\nWith respect to item 2 pursuant to 49 United States Code $ 601 18, the Pipeline and Hazardous Materials\nSafety Adrninistration proposes to issuc a Compliance Order to IPOC. Please refcr to the Proposed\nCompliance Order, which is enclosed and made a part of this Notice.\nResoonse to this Notice\nEnclosed as part of this Notice is a document entitled Response Options Jbr Pipeline Operators in\nCompliance Proceedings. Please refer to this document and note the response options. Be advised that\nall material you submit in response to this enforcement action is subject to being made publicly\navailable. If you believe that any poiion ofyour responsive material qualifies for confidential treatment\nunder 5 U.S.C. 552(b), along with the complete original document you must provide a second copy of the\ndocument with the portions you believe qualif! for confidential treatment redacted and an explanation of\nwhy you believe the redacted information qualifies for confidential treatment under 5 U.S.C. 552(b). If\nyou do not respond within 30 days of receipt of this Notice, this constitutes a waiver of your right to\ncontest the allegations in this Notice and authorizes thc Associate Administrator for Pipeline Safety to\nfind facts as alleged in this Notice without firrther notice to you and to issue a Final Order.\nPlease submit all correspondence in this matter to Byron Coy, PE, Director, PHMSA Eastem Region, 820\nBear Tavem Road. Suite 103, W. Trenton, NJ 08628. Pleasc refer to CPF 1-2012-1026 on cach\ndocument you submit, and plcase, whencver possible, provide a signed PDF copy in electronic format.\nSmaller files may be emailed to Btron.Coyaa)dot.gov. Larger files should be sent on a CD accompanied\nby the original paper copy to the Eastern Region Office.\nSincerely,\nO .^\" ,/ i ^-.\nl'TIt*- L ( w1 tl t\nt-\nBy.o$ E. Coy, P.E.\nDirector, Eastem Region\nPipeline and Hazardous Materials Safety Administration\nEnclosures: Proposed Compliance Order\nResponse Options for Pipeline Operators in Compliance Proceedings\nCc: Mr. Kevin Speicher. NYSDPS\n120121026 NoPV PCO 12182012 Page 3 of4\n\n\n\nt-20t2-1026\nPROPOSED COMPLIANCE ORDER\nPursuant to 49 United States code $ 60118, the Pipeline and Hazardous Materials safety\n4dministratio^n (PHJv{SA) proposes to issue to Iroquois Pipeline Operating Company (IPOC) ;\nC^omplijnce. Order .incorporating the following remedial r6quirements to 6nsure ihe compliance\n-\nof IPOC with the pipeline safety regulations:\n1. In re_gard to Item Number 2 of the Notice pertaining to the failure to properly\ninstall and maintain pipeline line markers along ihe pipeline from - the Si.\nLawrence River Crossing to the Mohawk River Crossing, IPOC must install\npipeline markers in adequate quantity and placement so that the route of the\npipeline, especially at changes in direction, can be accurately discemed from any\npoint along the pipeline righrof-way (ROW).\n2. IPOC must submit documentation that demonstrates it has completed the\ninstallation of the pipeline line markers along the pipeline from the St. Lawrence\nRiver Crossing to the Mohawk River Crossing, as noted in item #l above, within\n90 days ofreceipt ofthe Final Order.\n3 It is requested (not mandated) that IPOC maintain documentation of the safety\nimprovement costs associated with fulfilling this Compliance Order and submit\nthe total to Byron E. Coy, P.E., Director, Eastem Region, Pipeline and Hazardous\nMaterials Safety Administration. It is requested that these costs be reported in\ntwo categories: 1) total cost associated with preparation/revision of plans,\nprocedures, studies and analyses, and 2) total cost associated with replacements,\nadditions and other changes to pipeline infrastructure.\nt20t21026 NOPV PCP PCO 12182012 Page 4 of 4","truncated":false,"body_characters":29722}