{"operation":"document","citation":"CPF 220130007W","title":"LA BELLASARA — 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 192.625(f), 192.723(a), 192.747.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-220130007w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-220130007w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-220130007w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/220130007W","body":"Warning Letter involving LA BELLASARA. PHMSA's enforcement data identifies the cited regulations as 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\n220130007W_Warning letter_04172013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220130007W/220130007W_Warning%20letter_04172013.pdf\n\n220130007W_warning letter_04172013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220130007W/220130007W_warning%20letter_04172013_text.pdf\n\n220130007W_warning letter_04172013_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nApril 17, 2013\nMr. Jeffery Young\nProperty Manager\nLa Bellasara\n464 Golden Gate Point\nSarasota, FL 34236\nCPF 2-2013-0007W\nDear Mr. Young:\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 La Bellasara master meter and downstream\npiping and facilities at 464 Golden Gate Point, Sarasota, Florida.\nAs a result of the inspection, it appears that La Bellasara has committed probable violations of\nthe Pipeline Safety Regulations, Title 49, Code of Federal Regulations. The items inspected\nand the probable violations are as follows:\n1. §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.\nLa Bellasara did not present to the PHMSA inspector any records to demonstrate that it\nhad assured the proper concentration of odorant in its pipeline system by receiving written\nverification from its gas source that the gas has the proper concentration of odorant or by\nconducting periodic \"sniff\" tests at the extremities of the system to confirm that the gas\ncontains odorant.\n\n\n\n2. §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\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.\nLa Bellasara did not present to the PHMSA inspector any records to demonstrate that it\nhad conducted a leakage survey with leak detector equipment at its 9 story buildings with\n29 residential units at least once every 5 calendar years and at intervals not exceeding 63\nmonths.\n3. §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.\nLa Bellasara did not present to the PHMSA inspector any records to demonstrate that it\nhad checked and serviced its shut off (or key valve) which may be necessary for the safe\noperation of its distribution system at intervals not exceeding 15 months, but at least once\neach calendar year.\nUnder 49 United States Code, § 60122, La Bellasara is subject to a civil penalty not to exceed\n$ 200,000 per violation per day the violation persists up to a maximum of $2,000,000 for a\nrelated series of violations. For violations occurring prior to January 4, 2012, the maximum\npenalty may not exceed $100,000 per violation per day, with a maximum penalty not to\nexceed $1,000,000 for a related series of violations. We have reviewed the circumstances and\nsupporting documents involved in this case and have decided not to conduct additional\nenforcement action or penalty assessment proceedings at this time. We advise you to correct\nthe items identified in this letter. Failure to do so will result in La Bellasara, being subject to\nadditional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer\nto CPF 2-2013-0007W. 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\n2\n\n\n\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":5680}