{"operation":"document","citation":"CPF 220130013W","title":"MIDWAY GARDEN — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2013-05-02","effective_on":null,"summary":"CLOSED warning letter citing 192.455(a)(2), 192.625(f), 192.721, 192.747.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-220130013w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-220130013w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-220130013w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/220130013W","body":"Warning Letter involving MIDWAY GARDEN. PHMSA's enforcement data identifies the cited regulations as 192.455(a)(2),  192.625(f),  192.721,  192.747. The case was opened on 2013-05-02 and is reported as closed as of 2013-05-02. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n220130013W_Warning letter_05022013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220130013W/220130013W_Warning%20letter_05022013.pdf\n\n220130013W_warning letter_05022013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220130013W/220130013W_warning%20letter_05022013_text.pdf\n\n220130013W_warning letter_05022013_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nMay 2, 2013\nMs. Lori Lee Roberts\nBusiness Manager\nMidway Garden Apartments\n55 Jasper Street\nLargo, FL 33770\nCPF 2-2013-0013W\nDear Ms. Roberts:\nOn March 20, 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 Midway Garden Apartments master meter and\ndownstream piping and facilities at 55 Jasper Street, Largo, Florida.\nAs a result of the inspection, it appears that Midway Garden Apartments has committed\nprobable violations of the Pipeline Safety Regulations, Title 49, Code of Federal Regulations.\nThe items 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.\nMidway Garden Apartments did not install, and place in operation within one year after\ncompletion of construction, a cathodic protection system designed to protect a buried\npipeline against external corrosion. Midway Garden Apartments had approximately\n415 feet of 2-inch BIW coated pipe, which was not being cathodically protected. The\nPHMSA inspector took pipe-to-soil measurements on March 20, 2013 at various locations\nand found them in the range of 405- 450 mv, identifying an unsatisfactory level of\ncathodic protection.\n\n\n\n2. §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.\nMidway Garden Apartments did not present to the PHMSA inspector any records to\ndemonstrate that it had assured the proper concentration of odorant in its pipeline system\nby receiving written verification from its gas source that the gas has the proper\nconcentration of odorant or by conducting periodic \"sniff\" tests at the extremities of the\nsystem to confirm that the gas contains odorant.\n3. §192.721 Distribution systems: Patrolling.\n(a) The frequency of patrolling mains must be determined by the severity of the\nconditions which could cause failure or leakage, and the consequent hazards to\npublic safety.\n(b) Mains in places or on structures where anticipated physical movement or\nexternal loading could cause failure or leakage must be patrolled -\n(1) In business districts, at intervals not exceeding 4 1/2 months, but at least four\ntimes each calendar year; and\n(2) Outside business districts, at intervals not exceeding 7 1/2 months, but at least\ntwice each calendar year.\nMidway Garden Apartments did not present to the PHMSA inspector any records to show\nit patrolled its distribution system in the residential area at intervals not exceeding\n7½ months, but at least twice each calendar year.\n4. §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.\nMidway Garden Apartments did not present to the PHMSA inspector any records to\ndemonstrate that it had checked and serviced its shut off (or key valve) which may be\nnecessary for the safe operation of its distribution system at intervals not exceeding\n15 months, but at least once each calendar year.\nUnder 49 United States Code, §60122, Midway Garden Apartments is subject to a civil\n2\n\n\n\npenalty not to exceed $200,000 per violation per day the violation persists up to a maximum\nof $2,000,000 for a related series of violations. For violations occurring prior to\nJanuary 4, 2012, the maximum penalty may not exceed $100,000 per violation per day, with a\nmaximum penalty not to exceed $1,000,000 for a related series of violations. We have\nreviewed the circumstances and supporting documents involved in this case and have decided\nnot to conduct additional enforcement action or penalty assessment proceedings at this time.\nWe advise you to correct the items identified in this letter. Failure to do so will result in the\nMidway Garden Apartments 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 2-2013-0013W. 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 portion\nof your responsive material qualifies for confidential treatment under 5 U.S.C. 552(b), along\nwith the complete original document you must provide a second copy of the document with\nthe portions you believe qualify for confidential treatment redacted and an explanation of why\nyou 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":6528}