{"operation":"document","citation":"CPF 220055007","title":"DENBURY ONSHORE, LLC — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2005-05-11","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.403(b)(2), 195.403(c), 195.410(a), 195.420(b), 195.420(c), 195.428(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-220055007.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-220055007.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-220055007","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/220055007","body":"Notice of Probable Violation involving DENBURY ONSHORE, LLC. PHMSA's enforcement data identifies the cited regulations as 195,  195.403(b)(2),  195.403(c),  195.410(a),  195.420(b),  195.420(c),  195.428(a). The case was opened on 2005-05-11 and is reported as closed as of 2005-11-28. Proposed civil penalty: $23,250. Assessed civil penalty: $23,250. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n220055007_Final Order_11282005.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220055007/220055007_Final%20Order_11282005.pdf\n\nFinal Order Denbury Onshore LLC CPF No 2-2005-5007.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220055007/Final%20Order%20Denbury%20Onshore%20LLC%20CPF%20No%202-2005-5007.pdf\n\n220055007_Final Order_11282005.pdf\n\n@\nWashington, D.C. 20590\nffi400 Seventh Slre€|, S.W.\nHqzordous tltofedoB Sofefy\nAdmlni3trollon\nNOV zg m6\nMr. Mark Wonhey\nVice President of Operations\nDenbury Onshore, L.L.C.\n5 I 00 Tennyson Parkway, Suite 3 000\nPlano,TX74024\nRE: CPF No, 2-2005-5007\nDear Mr. Worthey:\nEnclosed is the Final Order issued by the Associate Administrator for Pipeline Safety in\ntheabove-referencedcase. Itmakesafindingofviolationandassessesacivilpenaltyof$23,250.\nI acknowledge receipt of, and accept payment dated June 1,2005 in the amount of $23,250 as\npayment in full of the civil penalty assessed against Denbury Onshore, L.L.C. in the Final Order.\nThis case is now closed. Your receipt of the Final Order constitutes service of that document\nunder 49 C.F.R. g 190.5.\nSincerely,\n+*\"\"\"\n/L-\nJames Reyrolds\nPipeline Compliance Regisky\nOffice of Pipeline Safety\nEnclosure\nMs. Linda Daugherty, Director, OPS Southem Region\nCERTIFIED MAIL - RETURN RECEIPT REOUESTED\napJa-^,A\n\n\n\nDEPARTMENT OF' TRANSPORTATION\nPIPELINE AIID HAZARDOUS MATERIALS SAF'ETY ADMINISTRATION\nOFFICE OF' PIPELINE SAFETY\nWASIIINGTON. D.C. 20590\nIn the Matter of\nDenbury Onshore, L.L.C.,\n)\n)\n)\n) CPFNo. 2-2005-5007\nFINAL ORDER\nFrom August 30,20O41o Septernber 3,2004, pursuant to 49 U.S.C. $ 601 17, arepresentative of the\nOffice of Pipeline Safety (OPS), Southern Region conducted an on-site pipelini safety inspection\nof Respondent's North East Jackson Dome (NEJD) pipeline facilities in Miisissippi. As a result of\nthe inspection, the Director, Southem Region, OPS, issued to Respondent, by letter dated May 1 l,\n2005, a Notice of Probable Violafion and Proposed Civil Penalty (Notice). In accordance with 49\nC.F.R. $ 190-207, the Notice proposed finding that Respondent had committed violations of 49\nC.F.R. Part 195 and proposed assessing a civil penalty of $23,250 for the alleged violations.\nRespondent responded to the Notice by letter dated June 9, 2005 (Response). Respondent did not\ncontest the allegation ofviolation, but offered information to explain the allegations and provided\ninformation conceming the corrective actions it has taken. Respondent dla not request u h\"*irrg,\nand therefore has waived the risht to one.\nFINDINGS OF'VIOLATION\nUncontested\nRespondent did not contest the alleged violations in the Notice. Accordingly, I find that\nRespondent violated 49 c.F.R. Part 195, as more fully described in the Notice:\n49 C.F.R. $195.403 (a)1-5 and (b) 1-2 *failure to provide records to demonstrate\nthat each employee's performance in meeting the objectives of the emergency\nresponse training was accomplished at intervals not exceeding l5 months, but at\nleast once each calendar year.\n49 C.F.R. $i 95.a03(c) - fajiure to demonstrate that the supervisors' knowledge of\nemergency response procedures for which they are responsible has been\nmaintained and verified.\n\n\n\n49 C.F.R. 9195.420(a) and O) - failure to provide valve inspection records to\ndernonstrate that all 2l designated mainline valves in Mississippi were in good\nworking order at all times. Respondent's valve inspection records show 14 valve\ninspections were not completed in the first half of 2003 and 2 valve inspections\nwere not completed in the second half of 2003.\nThese findings ofviolation will be considered prior offenses in any subsequent enforcernent\naction taken against Respondent.\nASSESSMENT OF PENALTY\nUnder 49 U.S.C. S 60122, Respondent is subject to a civil penalty not to exeeed $100,000 per\nviolation for each day of the violation up to a maximum of $ 1 ,000,000 for any related series of\nviolations. TheNoticeproposedatotalcivilpenaltyof$23,250forviolationsof49C.F.R.Partl95.\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 ofthe 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 jusfice may require.\nItem I ofthe Notice proposed a civil penalty of$5,000, as Respondent failed to provide records to\ndemonstrate that each employee's performance inmeeting the objectives ofthe emergencyresponse\ntraining was accomplished, at intervals not exceeding 15 months, but at least once each calendar\nyear, as required by 49 C.F.R. $195.403 (a)l-5 and O) 1-2. Respondent did not contest the\nallegation of violation. Accordingly, having reviewed the record and considered the assessment\ncriteria, I assess Respondent a civil penalty of$5,000, already paid by the Respondent for violation.\nItem 2 ofthe Notice proposed a civil penalty of$5,000, as Respondent failed to provide records to\ndemonstrate that the supervisors' knowledge of emergency response procedures for which they are\nresponsible has been maintained and verified, as required by 49 C.F.R. g195.403(c). Respondent\ndid not contest the allegation ofviolation. Accordingly, having reviewed the record and considered\nthe assessment criteria, I assess Respondenta civil penaltyof$5,000, alreadypaidbytheRespondent\nfor violation.\nItem 3 of the Notice proposed a civil penalty of $13,250, as Respondent failed to provide valve\ninspection records to demonstratethataTl2l designated mainline valves in Mississippi wereingood\nworking order at all times, as required by 49 C.F.R. g195.a20(a) and (b). Respondent's valve\ninspection records show l4 valve inspections were not completed in the first half of2003 and 2 valve\ninspections were not completed in the second half of 2003. Respondent did not contest the\nallegation of violation. Accordingly, having reviewed the record and considered the assessment\ncriteria, I assess Respondent a civil penaltyof$ 13,250, alreadypaidbythe Respondent forviolation.\n\n\n\nWARNINGITEMS\nThe Notice did not propose a civil penalty or compliance action for Items 4,5, and 6 in the Notice;\ntherefore, these are considered waming items. Respondent is warned that if it does not take\nappropriate action to correct these items, enforcsment action will be taken if a subsequent inspection\nreveals a violation.\nThe terms and conditions of this Final Order are effective on receipt.\nNov 2 8 m05\nDate Issued\nl l\nN\"\n\nFinal Order Denbury Onshore LLC CPF No 2-2005-5007.pdf\n\nUS. Department\nof Transportation\nPipeline and\nHazardous Materials Safety\nAdministration\n400 Seventh Street, S.W.\nWashington, D.C. 20590\nMr. Mark Worthey\nVice President of Operations\nDenbury Onshore, L.L.C.\n5 1 00 Tennyson Parkway, Suite 3 000\nPlano, TX 74024\nRE: CPF NO. 2-2005-5007\nDear Mr. Worthey:\nEnclosed is the Final Order issued by the Associate Administrator for Pipeline Safety in\nthe above-referenced case. It makes a finding of violation and assesses a civil penalty of $23,250.\nI acknowledge receipt of, and accept payment dated June 1,2005 in the amount of $23,250 as\npayment in full of the civil penalty assessed against Denbury Onshore, L.L.C. in the Final Order.\nThis case is now closed. 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: Ms. Linda Daugherty, Director, OPS Southern Region\nCERTIFIED MAIL - RETURN RECEIPT REOUESTED\n\n\n\nDEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n1 In the Matter of 1\nDenbury Onshore, L.L.C., )\n) CPF NO. 2-2005-5007\n1\nRespondent.\nFINAL ORDER\nFrom August 30,2004 to September 3,2004, pursuant to 49 U.S.C. 5 601 17, a representative of the\nOffice of Pipeline Safety (OPS), Southern Region conducted an on-site pipeline safety inspection\nof Respondent's North East Jackson Dome (NEJD) pipeline facilities in Mississippi. As a result of\nthe inspection, the Director, Southern Region, OPS, issued to Respondent, by letter dated May 1 1,\n2005, a Notice of Probable Violation and Proposed Civil Penalty (Notice). In accordance with 49\nC.F.R. 5 190.207, the Notice proposed finding that Respondent had committed violations of 49\nC.F.R. Part 195 and proposed assessing a civil penalty of $23,250 for the alleged violations.\nRespondent responded to the Notice by letter dated June 9,2005 (Response). Respondent did not\ncontest the allegation of violation, but offered information to explain the allegations and provided\ninformation concerning the corrective actions it has taken. Respondent did not request a hearing,\nand therefore has waived the right to one.\nFINDINGS OF VIOLATION\nUncontested\nRespondent did not contest the alleged violations in the Notice. Accordingly, I find that\nRespondent violated 49 C.F.R. Part 195, as more fully described in the Notice:\n49 C.F.R. 5 1 95.403 (a) 1 -5 and (b) 1-2 -failure to provide records to demonstrate\nthat each employee's performance in meeting the objectives of the emergency\nresponse training was accomplished at intervals not exceeding 15 months, but at\nleast once each calendar year.\n49 C.F.R. $195.403(c) - failure to demonstrate that the supervisors' knowledge of\nemergency response procedures for which they are responsible has been\nmaintained and verified.\n\n\n\n49 C.F.R. $ l95.42O(a) and (b) - failure to provide valve inspection records to\ndemonstrate that all 2 1 designated mainline valves in Mississippi were in good\nworking order at all times. Respondent's valve inspection records show 14 valve\ninspections were not completed in the first half of 2003 and 2 valve inspections\nwere not completed in the second half of 2003.\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 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 total civil penalty of $23,250 for violations of 49 C.F.R. Part 195.\n49 U.S.C. 9 60122 and 49 C.F.R. 5 190.225 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.\nItem 1 of the Notice proposed a civil penalty of $5,000, as Respondent failed to provide records to\ndemonstrate that each employee's performance in meeting the objectives of the emergency response\ntraining was accomplished, at intervals not exceeding 15 months, but at least once each calendar\nyear, as required by 49 C.F.R. $195.403 (a)l-5 and (b) 1-2. Respondent did not contest the\nallegation of violation. Accordingly, having reviewed the record and considered the assessment\ncriteria, I assess Respondent a civil penalty of $5,000, already paid by the Respondent for violation.\nItem 2 of the Notice proposed a civil penalty of $5,000, as Respondent failed to provide records to\ndemonstrate that the supervisors' knowledge of emergency response procedures for which they are\nresponsible has been maintained and verified, as required by 49 C.F.R. $ l95.403(c). Respondent\ndid not contest the allegation of violation. Accordingly, having reviewed the record and considered\nthe assessment criteria, I assess Respondent a civil penalty of $5,000, already paid by the Respondent\nfor violation.\nItem 3 of the Notice proposed a civil penalty of $13,250, as Respondent failed to provide valve\ninspection records to demonstrate that a11 2 1 designated mainline valves in Mississippi were in good\nworking order at all times, as required by 49 C.F.R. $195.420(a) and (b). Respondent's valve\ninspection records show 14 valve inspections were not completed in the first half of 2003 and 2 valve\ninspections were not completed in the second half of 2003. Respondent did not contest the\nallegation of violation. Accordingly, having reviewed the record and considered the assessment\ncriteria, I assess Respondent a civil penalty of $13,250, already paid by the Respondent for violation.\n\n\n\nWARNING ITEMS\nThe Notice did not propose a civil penalty or compliance action for Items 4,5, and 6 in the Notice;\ntherefore, these are considered warning items. Respondent is warned that if it does not take\nappropriate action to correct these items, enforcement action will be taken if a subsequent inspection\nreveals a violation.\nThe terms and conditions of this Final Order are effective on receipt.\nDate Issued\nfor Pipeline Safety","truncated":false,"body_characters":13538}