{"operation":"document","citation":"CPF 220045005","title":"COLONIAL PIPELINE CO — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2004-04-20","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.402(c), 195.573.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-220045005.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-220045005.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-220045005","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/220045005","body":"Notice of Probable Violation involving COLONIAL PIPELINE CO. PHMSA's enforcement data identifies the cited regulations as 195.402(c),  195.573. The case was opened on 2004-04-20 and is reported as closed as of 2004-10-29. Proposed civil penalty: $8,500. Assessed civil penalty: $8,500. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n220045005_final order_10182004.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220045005/220045005_final%20order_10182004.pdf\n\n220045005_final order_10182004_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220045005/220045005_final%20order_10182004_text.pdf\n\n220045005_final order_10182004_text.pdf\n\nO\nU. S. Department\nof Transportatton\nResearch and\nSpecial Programs\nAdministration\n400 Seventh Sl S W\nWashington 0 C 20590\nOCT 18;',\nMr. W. D. Scott\nSenior Vice President, COO\nColonial Pipeline Company\nP. O. Box 1627\nAlpharetta, Georgia 30009-9934\nRE: CPF No. 2-2004-5005\nDear Mr. Scott:\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 $8, 500. The\npenalty payment terms are set forth in the Final Order. This enforcement action closes automatically\nupon payment. Your receipt o f the Final Order constitutes service of that document under 49 C. F R.\n$ 190. 5.\nSincerely,\nJames Reynolds\nPipeline Compliance Registry\nOffice of Pipeline Safety\nEnclosure\ncc: Mr. John Godfrey, Asset Integrity Leader, Colonial Pipeline Co.\nMs. Linda Daugberty, Director, Southern Region, OPS\n~ 0 i 1004\nRECEIVES NO\n\n\n\nDEPARTMENT OF TRANSPORTATION\nRESEARCH AND SPECIAL PROGRAMS ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, DC 20590\nIn the Matter of\nCOLONIAL PIPELINE COMPANY,\nRespondeat.\nCPF No. 2-2004-5005\nFINAL ORDER\nDuring September and November 2003, pursuant to 49 U. S. C. ( 60117, a representative of the\nOffice of Pipeline Safety (OPS) conducted an on-site pipeline safety inspection of Respondent's\nfacilities and records in Alabama, Georgia, Louisiana, Mississippi, North Carolina, South Carolina,\nand Tennessee. As a result of the inspection, the Director, Southern Region, OPS, issued to\nRespondent, by letter dated April 20, 2004, a Notice of Probable Violation and Proposed Civil\nPenalty (Notice). In accordance with 49 C. F. R. I)190. 207, the Notice proposed finding that\nRespondent had violated 49 C. F. R. I)195. 402 and proposed assessing a civil penalty of $8, 500 for\nthe alleged violation. The Notice also warned Respondent to take appropriate corrective action.\nRespondent responded to the Notice by letter dated May 19, 2004 (Response). Respondent\ncontested the allegation of violation and provided information in mitigation of the proposed civil\npenalty. Respondent did not request a hearing, and therefore has waived the right to one.\nFINDINGS OF VIOLATION\nThe Notice alleged that Respondent violated 49 C. F. R )195. 402 (a), by not following its manual of\nwritten proeedurea Ibr estabtishittg and mahttalning liaison with fire, police and other appropriate\npublic oIIIcIais, The purpose of the manual is to learn the responsibility and resources of each\ngoverttmetd oqpmization that may respond to a hazardous liquid or carbon dioxide pipeline\nemergency and acquaint the of6cials with the operator' s ability in responding to a hazardous liquid\nor carbon dioxide pipeline emergency and metms of communication. Respondent's manual of\nwritttat procedures mclnded an \"Education Program for Emergency Response Agencies\" which\nttpec ifted that ttrt atntttal request to conduct etnergency planning meetings will be made to public\netnergenoy response agencies located elottg the right-of-way and the county Local Emergency\nPlarnttg Committee (LEPC) and that records of all written, telephone, and personal contacts to\ndocurntmt the meetings, or denials of the requests to hold the meeting will be maintained. At the\ntime of the inspection, Respondent could not show that it maintained a liaison with the following\nseventeen (17) counties in Georgia: Baker, Carroll, Chattooga, Crawford, Fayette, Haralson, Henry,\nLamar, Lee, Macon, Mitchell, Monroe, Paulding, Peach, Spalding, Sumter, and Walker.\n\n\n\nIn its Response, Respondent contested the alleged violation, offered information to explain the\nallegations and requested that the proposed civil penalty be reduced. Respondent explained that at\nits Operations and Engineering Management meeting on May 25, 2004, the Public Affairs Senior\nManager communicated the requirements defined in its Education Program. Respondent further\nexplained that of the seventeen counties listed in the Notice according to Environmental Protection\nAgency's Local Emergency Planning Database only Carroll, Fayette, Haralson, Henry, and Macon\ncounties were listed as established LEPCs. Respondent argued that it communicated with all of the\nlisted counties by mailing Colonial Pamphlets to the local Fire, Police, and other local officials.\nFederal regulations require that Respondent maintain and follow its manual of written procedures\nfor liaison with fire, police and other appropriate public officials. Although Respondent argued that\n' it communicated by mailing pamphlets, neither Respondent's response nor the records at the time\nof the inspection showed sufficient documentation that Respondent followed its \"Educ ation Program\nfor Emergency Response Agencies\" to liaison with LEPCs and public emergency response agencies\nas detailed in the Notice. The mere mailing of pamphlets does not indicate the establishment of a\nliaison with the appropriate emergency officials. Nor does the absence of an LEPC justify\nRespondent's failure to establish and maintain liaison with the appropriate local emergency officials\nalong the right-of-way. Accordingly, I find that Respondent violated 49 C. F. R. $195. 402 (a) by\nfailing to establish and maintain a liaison in seventeen counties with public emergency response\nagencies located along the right-of-way, in accordance 49 C. F. R. II195. 402(c)(12).\nASSKSSMKNT OF PENAL Y\nUnder 49 U. S. C. II 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 $8, 500 civil penalty for violation of 49 C. F. R. $ 195. 402(a).\n49 U. S. C. II 60122 and 49 C. F. R. (j 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 $8, 500, as Respondent failed to follow its manual of written\nprocedures for establishing and maintaining liaison with fire, police and other appropriate public\nofficials as detailed in its \"Education Program for Emergency Response Agencies\" and required by\n49 C. F. R. II 195. 402(a) and (c)(12). Respondent argued that the civil penalty should be reduced\nbecause the alleged violation is for seventeen counties with LEPCs and that of the seventeen counties\nonly five counties have established LEPC offices. The absence of a LEPC does not justify\nRespondent's failure to establish and maintain liaison with fire, police and other appropriate local\nofficials along the pipeline right-of-way. Contrary to Respondent's assessment, the Notice alleges\na violation because Respondent's documents failed to show that it provided liaison with both public\nemergency response agencies located along the right-of-way and with the LEPCs.\n\n\n\nAn objective of the regulation is to assure that responders who could be involved in an emergency\nare prepared to recognize and deal with the situation in an expeditious and safe manner. When an\noperator fails to follow its manual of written procedures for liaison, the proper procedures and\ntechniques to follow may not be clear to those responsible for responding to a hazardous liquid or\ncarbon dioxide pipeline emergency. Respondent has not provided any evidence that would justify\nmitigation of the proposed civil penalty. Accordingly, having reviewed the record and considered\nthe assessment criteria, I assess Respondent a civil penalty of $8, 500, for violation of 49 C. F. R.\n)195. 402(a).\nPayment of the civil penalty must be made within 20 days of service. Payment maybe 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 25082, Oklahoma City,\nOK 73125.\nFederal regulations (49 C. F. R. tj 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) 954-8893,\nFailure to pay the $8, 500 civil penalty will result in accrual of interest at the current annual rate in\naccordance with 31 U. S. C. tj 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.\nWARNING ITEM\nThe Notice did not propose a civil penalty or corrective action for Item 1 in the Notice; therefore,\nthis is considered warning item. Respondent is warned that if it does not take appropriate action to\ncorrect this item, enforcement action will be taken if a subsequent inspection reveals a violation.\nThe warning was for-\n49 C. F. R, tj195. 573 — failing to inspect rectifiers at the required intervals, as the\ninspection intervals were exceeded by more than 2 Vz months for Rectifier 302747\nat Robert Moore Road, Station 7362 + 28 and Rectifier 303631 at US Highway 45\nNorth, Station 8909+02.\nUnder 49 C. F. R. tj 190. 215, Respondent has a right to Petition for Reconsideration of this Final\nOrder. The petition must be received within 20 days of Respondent's receipt of this Final Order and\nmust contain a brief statement of the issue(s). The filing of a petition automatically stays the\n\n\n\npayment of any civil penalty assessed. However, if Respondent submits payment for the civil\npenalty, the Final Order becomes the final administrative decision and the right to Petition for\nReconsideration is waived. The terms and conditions of this Final Order are effective upon receipt.\nOCT 18 2Cu. . ', .\nDate Issued\nStacey Gerard\nAssociate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":11219}