{"operation":"document","citation":"CPF 220056009","title":"TPM, INC — 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 195.402(c)(13), 195.442(a), 195.569.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-220056009.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-220056009.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-220056009","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/220056009","body":"Notice of Probable Violation involving TPM, INC. PHMSA's enforcement data identifies the cited regulations as 195.402(c)(13),  195.442(a),  195.569. The case was opened on 2005-05-11 and is reported as closed as of 2005-11-28. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n220056009_Final Order_11282005.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220056009/220056009_Final%20Order_11282005.pdf\n\nFinal Order TPM  Inc CPF No 2-2005-6009.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220056009/Final%20Order%20TPM%20%20Inc%20CPF%20No%202-2005-6009.pdf\n\nFinal Order TPM  Inc CPF No 2-2005-6009.pdf\n\nUS. Department of Transportation\nPipeline and\nHCJZardOUS Materials Safety\nAdministration\n400 Seventh Street, S.W.\nWashington, D.C. 20590\nMr. Larry Clynch, CEO\nTPM, Inc.\nP. 0. Box 486\nAlparetta, GA 30009-0486\nRE: CPF NO. 2-2005-6009\nDear Mr. Clynch:\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 finds that you have completed the\nactions specified in the Notice required to comply with the pipeline safety regulations. This case\nis now closed. Your receipt of the Final Order constitutes service of that document under 49\nC.F.R. 8 190.5.\nSincerely,\nJames Reynolds\nPipeline Compliance Registry\nOffice of Pipeline Safety\nEnclosure\ncc: Ms. Linda Daugherty, Director, Southern Region, OPS\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\n\n\n\nDEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\nIn the Matter of\n)\nTerminal Pipeline Management (TPM), INC., ) CPF No. 2-2005-6009\nRespondent. ?\nFINAL ORDER\nOn November 30 - December 3, 2004, pursuant to 49 U.S.C. 5 601 17, representatives of the\nOffice of Pipeline Safety (OPS), Southern Region, conducted an inspection of Respondent's\nLucy-Woodstock pipeline facilities and records in Tennessee. As a result of the inspection, the\nDirector, Southern Region, OPS, issued to Respondent, by letter dated May 1 1,2005, a Notice\nof Probable Violation and Proposed Compliance Order (Notice). In accordance with 49 C.F.R.\n190.207, the Notice proposed finding that Respondent had violated 49 C.F.R. Part 195 and\nproposed that Respondent take certain measures to correct the alleged violations.\nRespondent responded to the Notice by letter dated, July 5,2005 (Response). Respondent did not\ncontest the allegations of violation but offered an explanation. Respondent failed to respond\nwithin 30 days after it had received the Notice. Respondent's failure to respond constitutes a\nwaiver of Respondent's right to contest the allegations in the Notice and authorizes the entry of\nthis Final Order. Respondent did not request a hearing, and therefore has waived its right to one.\nFINDINGS OF VIOLATION\n(Uncontested)\nIn its Response, Respondent did not contest the alleged violations in the Notice. Accordingly,\nI find that Respondent violated the following sections of 49 C.F.R. Part 195, as more fully\ndescribed in the Notice:\n49 C.F.R. 5 195.442(a) -- failure to have a written damage prevention program or\nprocedures to prevent damage to buried pipelines from excavation activities, as\nno documentation was provided at the time of the inspection.\nThis finding of violation will be considered a prior offense in any subsequent enforcement\naction taken against Respondent.\n\n\n\nCOMPLIANCE ORDER\nThe Notice proposed a compliance order with respect to Item 1 for violation of 49 C.F.R. $195.442\n(a). Under 49 U.S.C. 5 601 18(a), each person who engages in the transportation of hazardous liquids\nor who owns or operates a pipeline facility is required to comply with the applicable safety standards\nestablished under chapter 601. The Regional Director has indicated that the Respondent has taken\nthe following actions specified in the proposed compliance order:\nRespondent submitted a copy of a \"Pipeline Leak and Inspection Report\" for\nexposed pipe at the Loosahatchie River.\nAccordingly, since compliance has been achieved with respect to this violation, the compliance\nterms are not included in this Order.\nWARNING ITEMS\nThe Notice did not propose a civil penalty or corrective action for Items 2 and 3 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. The warnings were for -\n49 C.F.R. 8 195.402(a) -- failure to demonstrate that it periodicallyreviews the work\ndone by its personnel to determine the effectiveness and adequacy of the procedures\nused in normal operations and maintenance.\n49 C.F.R. $ 195.569 --failure to examine the exposed portion of buried pipe for\nevidence of external corrosion, as Respondent exposed buried pipe when tying in a\nnew river crossing in 2003 but had no records to show that the buried pipe had been\nexamined for external corrosion at the time of the inspection.\nFailure to comply with this Final Order may result in the assessment of civil penalties of up to\n$100,000 per violation per day, or in the referral of the case for judicial enforcement.\nUnder 49 C.F.R. $ 190.215, Respondent has a right to submit a Petition for Reconsideration of this\nFinal Order. The petition must be received within 20 days of Respondent's receipt of this Final\nOrder and must contain a brief statement of the issue(s). The terms of the order, including any\nrequired corrective action, remain in fill effect unless the Associate Administrator, upon request,\ngrants a stay. The terms and conditions of this Final Order are effective on receipt.\nNOV 2 8 2005\nDate Issued\n\n220056009_Final Order_11282005.pdf\n\n@\nU.S. Deportment\nof Tronsportolion\nPlpellne ond\nHozqrdoss Motedo ls Solety\nAdminbtlqillon\n400 Seventh Street. S.W.\nWashington, D-C. 20590\nwl/28trf.\nMr. Larry Clynch, CEO\nTPM,Inc.\nP. O. Box 486\nAlparetta, GA 30009-0486\nRE: CPF No. 2-2005-6009\nDear Mr. Clynch:\nEnclosed is the Final Order issued by the Associate Administrator for pipeline Safety in the\nabove-referenced case. It makes a finding ofviolation and finds that you have completed the\nactions specified in the Notice required to comply with the pipeline safety regulations. This case\nis now closed. Your receipt of the Final Order constitutes service of that document under 49\nc.F.R. $ 190.5.\nSincerelv.\n\\t\\ tA\n**'- /l/L-\nJames Reynolds\nPipeline Compliance Registry\nOffice of Pipeline Safety\nEnclosure\ncc: Ms. Linda Daugherty, Director, Southem Region, OpS\n{a3a\"^,1\n\n\n\nDEPARTMENT OF TRANSPORTATION\nPIPDLINE AND HAZARDOUS MATERIALS SAF'ETY ADMINISTRATION\nOFFICE OF' PIPELINE SAFETY\nWASHINGTON. D.C. 20590\nIn the Matter of\nTerminal Pipeline Management (TPlVf), INC.,\nRespondent\n)\n)\n)\n)\n)\nCPF No. 2-2005-6009\nF'INAL ORDER\nOn November 30 - December 3, 2004, pursuant to 49 U.S.C. $ 60117, representatives of the\nOfhce ofPipeline Safety (OPS), Southern Region, conducted an inspection ofRespondent's\nLucy-Woodstock pipeline facilities and records in Tennessee. As a result of the inspection, the\nDirector, Southern Region, OPS, issued to Respondent, by letter dated May 1 l, 2005, a Notice\nof Probable Violation and Proposed Compliance Order (Notice). In accordance with 49 C.F.R.\nS 190.207, the Notice proposed finding that Respondent had violated 49 C.F.R. Paft 195 and\nproposed that Respondent take certain measures to correct the alleged violations.\nRespondent responded to the Notice by letter dated, July 5, 2005 (Response). Respondent did not\ncontest the allegations ofviolation but offered an explanation. Respondent failed to respond\nwithin 30 days after it had received the Notice. Respondent's failure to respond constitutes a\nwaiver of Respondent's right to contest the allegations in the Notice and authorizes the entry of\nthis Final Order. Respondent did not request ahearing, and therefore has waived its right to one.\nFINDINGS OFVIOLATION\n(Uncontested)\nln its Response, Respondent did not contest the alleged violations in the Notice. Accordingly,\nI find that Respondent violated the following sections of 49 C.F.R. Part 195, as more fully\ndescribed in the Notice:\n49 C.F.R. $ l95/az@) -- failure to have a written damage prevention program or\nprocedures to prevent damage to buried pipelines from excavation activities, as\nno documentation was provided at the time of the inspection.\nThis finding of violation will be considered a prior offense in any subsequent enforcement\naction taken against Respondent.\n\n\n\nCOMPLIANCE ORDER\nThe Notice proposed a compliance order with respect to Item I for violation of 49 C.F.R. $ 195.442\n(a). Under49 U.S.C. $ 601 18(a), eachpersonwho engages in the transportation ofhazardous liquids\nor who owns or operates a pipeline facility is required to comply with the applicable safety standards\nestablished under chapter 601. The Regional Director has indicated that the Respondent has taken\nthe following actions specified in the proposed compliance order:\nRespondent submitted a copy of a \"Pipeline Leak and lnspection Report\" for\nexposed pipe at the Loosahatchie River.\nAccordingly, since compliance has been achieved with respect to this violation, the compliance\nterms are not included in this Order.\nWARNING ITEMS\nThe Notice did not propose a civil penalty or corrective action for Items 2 and 3 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. The wamines were for -\n49 C.F.R. $ 195.a02(a) -- failure to demonstrate that it periodically reviews the work\ndone by its personnel to determine the effectiveness and adequacy ofthe procedures\nused in normal operations and maintenance.\n49 C.F.R. $ 195.569 --failure to examine the exposed portion of buried pipe for\nevidence of extemal corrosion,, as Respondent exposed buried pipe when tying in a\nnew river crossing in 2003 but had no records to show that the buried pipe had been\nexamined for external corrosion at the time of the inspection.\nFailure to comply with this Final Order may result in the assessment of civil penalties of up to\n$ 100,000 per violation per day, or in the refenal of the case for judicial enforcement.\nUnder 49 C.F.R. S 190.215, Respondent has a right to submit a Petition for Reconsideration of this\nFinal Order. The petition must be received within 20 days of Respondent's receipt of this Final\nOrder and must contain a brief statement of the issue(s). The terms of the order, including any\nrequired corrective action, remain in full effect unless the Associate Administrator, upon request,\ngrants a stay. The terms and conditions of this Final Order are effective on receipt.\nNOV 2I Auub\nDate Issued\nate Administrator","truncated":false,"body_characters":10886}