{"operation":"document","citation":"CPF 220055012","title":"COLONIAL PIPELINE CO — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2005-09-26","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.410(a)(1), 195.412(a), 195.573.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-220055012.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-220055012.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-220055012","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/220055012","body":"Notice of Probable Violation involving COLONIAL PIPELINE CO. PHMSA's enforcement data identifies the cited regulations as 195.410(a)(1),  195.412(a),  195.573. The case was opened on 2005-09-26 and is reported as closed as of 2006-10-18. Proposed civil penalty: $5,000. Assessed civil penalty: $5,000. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n220055012_Final Order_09012006.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220055012/220055012_Final%20Order_09012006.pdf\n\nCPF_2-2005-5012.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220055012/CPF_2-2005-5012.pdf\n\n220055012_Final Order_09012006.pdf\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety Administration\n400 Seventh Street, S.W.\nWashington, D.C. 20590\nSEP - 1 2036\nMr. W.D. Scott\nSenior Vice President, COO\nColonial Pipeline Company\nP.O. Box 1624\nAlpharetta, Georgia 30009-9934\nRE: CPF NO. 2-2005-50 12\nDear Mr. Scott:\nEnclosed is the Final Order issued by the Acting Associate Administrator for Pipeline\nSafety in the above-referenced case. It makes a finding of violation and assesses a civil penalty\nof $5,000. The penalty payment terms are set forth in the Final Order. This enforcement action\ncloses automatically upon payment. Your receipt of the Final Order constitutes service of that\ndocument under 49 C.F.R. 3 190.5.\nSincerely,\nJames Reynolds\nPipeline Compliance Registry\nOffice of Pipeline Safety\nEnclosure\ncc: Mr. David V. Pearson, Asset Integrity Team Leader, Colonial Pipeline Company\nMs. Linda Daugherty, Director, Southern Region, OPS\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\nIn the Matter of\nCOLONIAL PIPELINE COMPANY,\nRespondent\n)\n1\n) CPF NO. 2-2005-5012\nFINAL ORDER\nFrom March 7, 2005 to June 10, 2005, pursuant to 49 U.S.C. § 601 17, a representative of the\nPipeline and Hazardous Materials Safety Administration, conducted an on-site pipeline safety\ninspection of Respondent's facilities and records in Alabama, Georgia, Louisiana, Mississippi,\nNorth Carolina, South Carolina, and Tennessee. As a result of the inspection, the Director,\nSouthern Region, OPS, issued to Respondent, by letter dated September 26, 2005, a Notice of\nProbable Violation and Proposed Civil Penalty (Notice). In accordance with 49 C.F.R.\n3190.207, the Notice proposed finding that Respondent had committed violations of 49 C.F.R.\nPart 195 and proposed assessing a civil penalty of $5,000 for the alleged violation.\nRespondent responded to the Notice by letter dated October 25, 2005 (Response). Respondent\ndid not contest the allegation of violation but provided information concerning the corrective\nactions it has taken. Respondent did not request a hearing, and therefore has waived its right to\none.\nFINDINGS OF VIOLATION\n(Uncontested)\nIn its Response, Respondent did not contest the alleged violation in Item 3 of the Notice.\nAccordingly, I find that Respondent violated the following sections of 49 C.F.R. Part 195, as\nmore hlly described in the Notice:\n49 C.F.R. 195.573 -- failing to demonstrate the correction of any identified\ndeficiency in external corrosion control as required by 9 195.401(b) or 9\n195.452(h). Respondent had 10 locations with external corrosion control\ndeficiencies noted during the 2003 and 2004 annual surveys and Respondent\nfailed to provide records to demonstrate that the external corrosion control\ndeficiencies were corrected.\nThis finding of violation will be considered a prior offense in any subsequent enforcement action\ntaken against Respondent.\n\n\n\nASSESSMENT OF PENALTY\nUnder 49 U.S.C. 3 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 $5,000 civil penalty for violation of 49 C.F.R. 3 195.573.\n49 U.S.C. 3 60122 and 49 C.F.R. 3 190.225 require that, in determining the amount of the civil\npenalty, I consider the following criteria: nature, circumstances, and gravity of the violation,\ndegree of Respondent's culpability, history of Respondent's prior offenses, Respondent's ability\nto pay the penalty, good faith by Respondent in attempting to achieve compliance, the effect on\nRespondent's ability to continue in business, and such other matters as justice may require.\nThe Notice proposed a civil penalty of $5,000 in Item 3, as Respondent failed to correct the\nexternal corrosion control deficiencies identified at the ten (10) locations noted during its 2003\nand 2004 annual surveys. Respondent did not provide records to show it corrected low pipe-to-\nsoil readings discovered during their 2003 annual cathodic protection survey within one calendar\nyear, but not to exceed 15 months, of their discovery.\nIn its Response, Respondent did not dispute the alleged violation but offered information to\nexplain the allegation. Respondent advised that it has an ongoing corrosion control program in\nplace that address annual test readings of cathodic protection levels that do not meet its criteria.\nMany areas are addressed each year but the time required to determine if a cathodic protection\ndeficiency exists and make repairs vary based on the condition at each site. Respondent further\nadvised that the specific areas cited in the Notice have been investigated, that the corrective\nactions have been developed for the deficient areas and that a schedule was set to correct the\ndeficiencies by the end of 2005.\nThe low readings were identified during May and June 2003. Contrary to Respondent's\nassessment, corrective measures should have been completed by September 2004. At the time of\nthe inspection, Respondent had exceeded the 15-month interval by at least nine months and had\nalso exceeded the calendar year requirement.\nWithout the required documentation, an operator cannot verify that it corrected the external\ncorrosion control deficiencies. By not correcting the external corrosion control deficiencies,\nRespondent operated the line in a condition that could have reduced the integrity of the pipe and\nincrease the risk of harm to the public and the environment. Respondent did not contest the\nallegation of violation and has not provided any evidence that would justify mitigation of the\nproposed civil penalty. Accordingly, having reviewed the record and considered the assessment\ncriteria, I assess Respondent a civil penalty of $5,000 for this violation.\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-300), P.O. Box 25082, Oklahoma\nCity, OK 73 125.\n\n\n\nFederal regulations (49 C.F.R. 9 89.21(b)(3)) also permit this payment to be made by wire\ntransfer, through the Federal Reserve Communications System (Fedwire), to the account of the\nU.S. Treasury. Detailed instructions are contained in the enclosure. Questions concerning wire\ntransfers should be directed to: Financial Operations Division (AMZ-300), Federal Aviation\nAdministration, Mike Monroney Aeronautical Center, P.O. Box 25082, Oklahoma City, OK\n73 125; (405) 954-8893.\nFailure to pay the $5,000 civil penalty will result in accrual of interest at the current annual rate\nin accordance with 3 1 U.S.C. 5 371 7, 3 1 C.F.R. 5 901.9 and 49 C.F.R. 5 89.23. Pursuant to\nthose same authorities, a late penalty charge of six percent (6%) per annum will be charged if\npayment is not made within 110 days of service. Furthermore, failure to pay the civil penalty\nmay result in referral of the matter to the Attorney General for appropriate action in an United\nStates District Court.\nWARNING ITEM\nThe Notice did not propose a civil penalty or corrective action for Items 1 and 2 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\ninspection reveals a violation. The warnings were for -\n49 C.F.R. 5195.410 - failure to place and maintain line markers over each buried\npipeline so that its location is accurately known. Respondent's line markers at\nPine Grove Road in Ringgold, Georgia were obscured by vegetation. At the\nintersection of Atlanta Country Club Road and River Knoll Drive in Cobb\nCounty, Georgia the markers were obscured by vegetation on the downstream\nside and missing on the upstream side.\n49 C.F.R. 5195.412 - failure to inspect right-of-ways and crossings under\nnavigable waters, as a tree canopy obscured visibility of the right-of-way on the\ndownstream side of South Seven Oaks Road, in Knoxville, Tennessee.\nUnder 49 C.F.R. 5 190.215, 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\nand must contain a brief statement of the issue(s). The filing of a petition automatically stays the\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\nreceipt.\nCl Fheo or L. Willke ~ssociate Administrator\nipeline Safety\nSEP - 1 2006\nDate Issued","truncated":false,"body_characters":9604}