{"operation":"document","citation":"CPF 220130005W","title":"ORCHID BEACH CLUB RESIDENCES — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2013-04-17","effective_on":null,"summary":"CLOSED warning letter citing 192.455(a)(2), 192.481(a), 192.625(f), 192.723(a), 192.747.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-220130005w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-220130005w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-220130005w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/220130005W","body":"Warning Letter involving ORCHID BEACH CLUB RESIDENCES. PHMSA's enforcement data identifies the cited regulations as 192.455(a)(2),  192.481(a),  192.625(f),  192.723(a),  192.747. The case was opened on 2013-04-17 and is reported as closed as of 2013-04-17. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n220130005W_Warning letter_04172013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220130005W/220130005W_Warning%20letter_04172013.pdf\n\n220130005W_warning letter_04172013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220130005W/220130005W_warning%20letter_04172013_text.pdf\n\n220130005W_warning letter_04172013_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nApril 17, 2013\nMr. Eric Mitchell\nProperty Manager\nOrchid Beach Club Residences\n2050 Ben Franklin Drive\nSarasota, FL 34236\nCPF 2-2013-0005W\nDear Mr. Mitchell:\nOn February14, 2013, representatives of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), Southern Region, Office of Pipeline Safety, pursuant to Chapter\n601 of 49 United States Code, inspected the Orchid Beach Club master meter and downstream\npiping and facilities at 2050 Ben Franklin Drive, Sarasota, Florida.\nAs a result of the inspection, it appears that Orchid Beach Club has committed probable\nviolations of the Pipeline Safety Regulations, Title 49, Code of Federal Regulations. The\nitems inspected and the probable violations are as follows:\n1. §192.455 External corrosion control: Buried or submerged pipelines installed after\nJuly 31, 1971.\n(a) Except as provided in paragraphs (b), (c), and (f) of this section, each buried or\nsubmerged pipeline installed after July 31, 1971, must be protected against external\ncorrosion, including the following:\n... (2) It must have a cathodic protection system designed to protect the pipeline in\naccordance with this subpart, installed and placed in operation within 1 year after\ncompletion of construction.\nOrchid Beach Club did not install, and place in operation within one year after completion\nof construction, a cathodic protection system designed to protect a buried pipeline against\nexternal corrosion. The PHMSA inspector identified a buried 2-inch coated steel pipeline\napproximately 25 feet long located near the association’s swimming pool that does not\nhave a cathodic protection system. This pipeline was constructed approximately seven\nyears ago without an impressed current cathodic protection system, sacrificial anodes, or\nany other system to protect the pipeline from external corrosion.\n2. §192.481 Atmospheric corrosion control: Monitoring.\n(a) Each operator must inspect each pipeline or portion of pipeline that is exposed to\n\n\n\nthe atmosphere for evidence of atmospheric corrosion, as follows:\nIf the pipeline is located: Onshore Offshore Then the frequency of inspection is:\nAt least once every 3 calendar years, but with intervals\nnot exceeding 39 months\nAt least once each calendar year, but with intervals not\nexceeding 15 months\n... (c) If atmospheric corrosion is found during an inspection, the operator must\nprovide protection against the corrosion as required by Sec. 192.479.\nOrchid Beach Club did not inspect its onshore pipeline exposed to the atmosphere for\nevidence of atmospheric corrosion at least once every 3 calendar years, but with intervals\nnot exceeding 39 months. Moreover, Orchid Beach Club did not provide protection\nagainst atmospheric corrosion in accordance with §192.479, which requires pipelines to be\nproperly cleaned and coated to prevent atmospheric corrosion.\nThe PHMSA inspector observed and photographed piping at an insulated union just\ndownstream of the master meter that showed signs of atmospheric corrosion. This portion\nof pipeline had not been properly cleaned and coated to prevent atmospheric corrosion.\n3. §192.625 Odorization of gas.\n... (f) To assure the proper concentration of odorant in accordance with this section,\neach operator must conduct periodic sampling of combustible gases using an\ninstrument capable of determining the percentage of gas in air at which the odor\nbecomes readily detectable. Operators of master meter systems may comply with\nthis requirement by-\n(1) Receiving written verification from their gas source that the gas has the proper\nconcentration of odorant; and\n(2) Conducting periodic \"sniff\" tests at the extremities of the system to confirm that\nthe gas contains odorant.\nOrchid Beach Club did not present to the PHMSA inspector any records to demonstrate\nthat it had assured the proper concentration of odorant in its pipeline system by receiving\nwritten verification from its gas source that the gas has the proper concentration of\nodorant or by conducting periodic \"sniff\" tests at the extremities of the system to confirm\nthat the gas contains odorant.\n4. §192.723 Distribution systems: Leakage surveys.\n(a) Each operator of a distribution system shall conduct periodic leakage surveys in\naccordance with this section.\n(b) The type and scope of the leakage control program must be determined by the\nnature of the operations and the local conditions, but it must meet the following\nminimum requirements:\n... (2) A leakage survey with leak detector equipment must be conducted outside\nbusiness districts as frequently as necessary, but at least once every 5 calendar years\nat intervals not exceeding 63 months. However, for cathodically unprotected\n2\n\n\n\ndistribution lines subject to § 192.465(e) on which electrical surveys for corrosion are\nimpractical, a leakage survey must be conducted at least once every 3 calendar years\nat intervals not exceeding 39 months.\nOrchid Beach Club did not present to the PHMSA inspector any records to demonstrate\nthat it had conducted a leakage survey with leak detector equipment at its 11 story\nbuildings with 54 residential units at least once every 5 calendar years and at intervals not\nexceeding 63 months.\n5. §192.747 Valve maintenance: Distribution systems.\n(a) Each valve, the use of which may be necessary for the safe operation of a\ndistribution system, must be checked and serviced at intervals not exceeding 15\nmonths, but at least once each calendar year.\n(b) Each operator must take prompt remedial action to correct any valve found\ninoperable, unless the operator designates an alternative valve.\nOrchid Beach Club did not present to the PHMSA inspector any records to demonstrate\nthat it had checked and serviced its shut off (or key valve) which may be necessary for the\nsafe operation of its distribution system at intervals not exceeding 15 months, but at least\nonce each calendar year.\nUnder 49 United States Code, § 60122, Orchid Beach Club is subject to a civil penalty not to\nexceed $ 200,000 per violation per day the violation persists up to a maximum of $2,000,000\nfor a related series of violations. For violations occurring prior to January 4, 2012, the\nmaximum penalty may not exceed $100,000 per violation per day, with a maximum penalty\nnot to exceed $1,000,000 for a related series of violations. We have reviewed the\ncircumstances and supporting documents involved in this case and have decided not to\nconduct additional enforcement action or penalty assessment proceedings at this time. We\nadvise you to correct the items identified in this letter. Failure to do so will result in\nOrchid Beach Club, being subject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer\nto CPF 2-2013-0005W. Be advised that all material you submit in response to this\nenforcement action is subject to being made publicly available. If you believe that any\nportion of your responsive material qualifies for confidential treatment under 5 U.S.C. 552(b),\nalong with the complete original document you must provide a second copy of the document\nwith the portions you believe qualify for confidential treatment redacted and an explanation of\nwhy you believe the redacted information qualifies for confidential treatment under 5 U.S.C.\n552(b).\nSincerely,\nWayne T. Lemoi\nDirector, Office of Pipeline Safety\nPHMSA Southern Region\n3","truncated":false,"body_characters":8153}