{"operation":"document","citation":"CPF 120135017W","title":"IMTT-PIPELINE — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2013-08-15","effective_on":null,"summary":"CLOSED warning letter citing 195.412(b).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120135017w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120135017w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120135017w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120135017W","body":"Warning Letter involving IMTT-PIPELINE. PHMSA's enforcement data identifies the cited regulation as 195.412(b). The case was opened on 2013-08-15 and is reported as closed as of 2013-08-15. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120135017W_Warning Letter_08152013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120135017W/120135017W_Warning%20Letter_08152013.pdf\n\n120135017W_Warning Letter_08152013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120135017W/120135017W_Warning%20Letter_08152013_text.pdf\n\n120135017W_Warning Letter_08152013_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\nWARNING LETTER\nOVERNIGHT EXPRESS MAIL\nAugust 15, 2013\nRichard Fisette\nTerminal Manager\nInternational-Matex Tank Terminal-Pipeline\n250 East 22nd Street\nBayonne, NJ 07002\nCPF 1-2013-5017W\nDear Mr. Fisette:\nFrom June 4 - 8, 2012 a representative of the Pipeline and Hazardous Materials Safety Administration\n(PHMSA), Office of Pipeline Safety (OPS), pursuant to Chapter 601 of 49 United States Code inspected\nInternational-Matex Tank Terminal-Pipeline’s (IMTT) integrity management program, and pipeline\nfacilities in Staten Island, New York and Bayonne, New Jersey.\nAs a result of the inspection, it appears that you have committed a probable violation of the Pipeline\nSafety Regulations, Title 49, Code of Federal Regulations. The item inspected and the probable violation\nis:\n1. §195.412 Inspection of rights-of-way and crossings under navigable waters.\n(a) . . .\n(b) Except for offshore pipelines, each operator shall, at intervals not exceeding 5 years,\ninspect each crossing under a navigable waterway to determine the condition of the\ncrossing.\nIMTT failed to inspect each crossing under a navigable waterway to determine the condition of the\ncrossing, at intervals not exceeding five (5) years, as prescribed in §195.412(b). Specifically, IMTT\nfailed to inspect the crossing under the navigable waterways, the Arthur Kill River and Newark Bay, in\nNew York-New Jersey.\n\n\n\n1-2013-5017W\nDuring the PHMSA inspection, it was noted that IMTT had a pipeline that crossed the Arthur Kill River\nand Newark Bay. A PHMSA inspector requested IMTT’s representative to produce the most recent\nrecord of the crossing under the navigable waters inspection. IMTT’s representative indicated that this\npipeline was installed with directional drilling, with a depth of 90 and 120 feet, in 2003. Since this\npipeline was buried at that depth, IMTT believed that an inspection was not required. IMTT was unable\nto produce any record that demonstrated that it inspected the crossings, within the five (5) year interval,\nby 2008. Thus, IMTT failed to inspect the crossing under the Arthur Kill River and Newark Bay.\nSubsequently, following the PHMSA inspection, IMTT provided a report that showed the crossings were\ninspected on October 18-19, 2012.\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.\nWe have reviewed the circumstances and supporting documents involved in this case, and have decided\nnot to conduct additional enforcement action or penalty assessment proceedings at this time. We advise\nyou to correct the item identified in this letter. Failure to do so will result in IMTT being subject to\nadditional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to CPF 1-\n2013-5017W. Be advised that all material you submit in response to this enforcement action is subject to\nbeing made publicly available. If you believe that any portion of your responsive material qualifies for\nconfidential treatment under 5 U.S.C. 552(b), along with the complete original document you must\nprovide a second copy of the document with the portions you believe qualify for confidential treatment\nredacted and an explanation of why you believe the redacted information qualifies for confidential\ntreatment under 5 U.S.C. 552(b).\nSincerely,\nByron Coy, PE\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\n120135017W_WL_08152013 Page 2 of 2","truncated":false,"body_characters":4568}