# MISSION HILLS CONDO'S — Warning Letter

- **operation:** document
- **citation:** CPF 220130008W
- **title:** MISSION HILLS CONDO'S — Warning Letter
- **source type:** enforcement
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** historical
- **official:** true
- **published on:** 2013-04-30
- **effective on:** Not available
- **summary:** CLOSED warning letter citing 192.457(b)(3), 192.625(f), 192.747.
- **machine formats:** - **json:** https://regulus.evalyn.ai/document/phmsa-enforcement-220130008w.json
- **markdown:** https://regulus.evalyn.ai/document/phmsa-enforcement-220130008w.md
- **app url:** https://regulus.evalyn.ai/document/phmsa-enforcement-220130008w
- **source url:** https://primis.phmsa.dot.gov/enforcement-data/case/220130008W
**body:**

Warning Letter involving MISSION HILLS CONDO'S. PHMSA's enforcement data identifies the cited regulations as 192.457(b)(3),  192.625(f),  192.747. The case was opened on 2013-04-30 and is reported as closed as of 2013-04-30. Open the official case record for notices, responses, orders, and the latest status.

Official case documents:

220130008W_warning letter_04302013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220130008W/220130008W_warning%20letter_04302013.pdf

220130008W_warning letter_04302013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220130008W/220130008W_warning%20letter_04302013_text.pdf

220130008W_warning letter_04302013_text.pdf

WARNING LETTER
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
April 30, 2013
Mr. Mike Bogemill
Maintenance Manager
Mission Hills Condominium Association
1401 Mission Hills Blvd.
Clearwater, FL 33759
CPF 2-2013-0008W
Dear Mr. Bogemill:
On March 20, 2013, representatives of the Pipeline and Hazardous Materials Safety
Administration (PHMSA), Southern Region, Office of Pipeline Safety, pursuant to Chapter
601 of 49 United States Code, inspected the Mission Hills Condominiums master meter and
downstream piping and facilities at 1401 Mission Hills Blvd., Clearwater, Florida.
As a result of the inspection, it appears that Mission Hills Condominiums has committed
probable violations of the Pipeline Safety Regulations, Title 49, Code of Federal Regulations.
The items inspected and the probable violations are as follows:
1. §192.457 External corrosion control: Buried or submerged pipelines installed
before August 1, 1971.
.... b) Except for cast iron or ductile iron, each of the following buried or submerged
pipelines installed before August 1, 1971, must be cathodically protected in
accordance with this subpart in areas in which active corrosion is found:
.... (3) Bare or coated distribution lines.
Mission Hills Condominiums installed over 2 miles of coated steel distribution lines
before August 1, 1971, but it has not cathodically protected these lines. Moreover,
Mission Hills Condominiums did not present to the PHMSA inspector any records to
demonstrate that there are no areas of active corrosion on these lines. The methods and
required time intervals an operator must use to determine if areas of active corrosion exist
on its pipelines are described in §192.465(e).



2. §192.625 Odorization of gas.
... (f) To assure the proper concentration of odorant in accordance with this section,
each operator must conduct periodic sampling of combustible gases using an
instrument capable of determining the percentage of gas in air at which the odor
becomes readily detectable. Operators of master meter systems may comply with
this requirement by-
(1) Receiving written verification from their gas source that the gas has the proper
concentration of odorant; and
(2) Conducting periodic "sniff" tests at the extremities of the system to confirm that
the gas contains odorant.
Mission Hills Condominiums did not present to the PHMSA inspector any records to
demonstrate that it had assured the proper concentration of odorant in its pipeline system
by receiving written verification from its gas source that the gas has the proper
concentration of odorant or by conducting periodic "sniff" tests at the extremities of the
system to confirm that the gas contains odorant.
3. §192.747 Valve maintenance: Distribution systems.
(a) Each valve, the use of which may be necessary for the safe operation of a
distribution system, must be checked and serviced at intervals not exceeding 15
months, but at least once each calendar year.
(b) Each operator must take prompt remedial action to correct any valve found
inoperable, unless the operator designates an alternative valve.
Mission Hills Condominiums did not present to the PHMSA inspector any records to
demonstrate that it had checked and serviced its shut off (or key valve) which may be
necessary for the safe operation of its distribution system at intervals not exceeding 15
months, but at least once each calendar year.
Under 49 United States Code, § 60122, Mission Hills Condominiums is subject to a civil
penalty not to exceed $ 200,000 per violation per day the violation persists up to a maximum
of $2,000,000 for a related series of violations. For violations occurring prior to
January 4, 2012, the maximum penalty may not exceed $100,000 per violation per day, with a
maximum penalty not to exceed $1,000,000 for a related series of violations. We have
reviewed the circumstances and supporting documents involved in this case and have decided
not to conduct additional enforcement action or penalty assessment proceedings at this time.
We advise you to correct the items identified in this letter. Failure to do so will result in
Mission Hills Condominiums being subject to additional enforcement action.
No reply to this letter is required. If you choose to reply, in your correspondence please refer
to CPF 2-2013-0008W. Be advised that all material you submit in response to this
enforcement action is subject to being made publicly available. If you believe that any
portion of your responsive material qualifies for confidential treatment under 5 U.S.C. 552(b),
along with the complete original document you must provide a second copy of the document
with the portions you believe qualify for confidential treatment redacted and an explanation of
2



why you believe the redacted information qualifies for confidential treatment under 5 U.S.C.
552(b).
Sincerely,
Wayne T. Lemoi
Director, Office of Pipeline Safety
PHMSA Southern Region
3
- **truncated:** false
- **body characters:** 5595
