{"operation":"document","citation":"CPF 220130014W","title":"SUNPOINTE PLACE APARTMENTS — 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 192.481(a), 192.625(f), 192.721, 192.747.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-220130014w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-220130014w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-220130014w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/220130014W","body":"Warning Letter involving SUNPOINTE PLACE APARTMENTS. PHMSA's enforcement data identifies the cited regulations as 192.481(a),  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\n220130014W_Warning letter_05022013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220130014W/220130014W_Warning%20letter_05022013.pdf\n\n220130014W_warning letter_05022013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220130014W/220130014W_warning%20letter_05022013_text.pdf\n\n220130014W_warning letter_05022013_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nMay 2, 2013\nMs. Alice Van Dyk\nProperty Manager\nSunpointe Place Apartments\n701 East Bay Drive\nLargo, FL 33770\nCPF 2-2013-0014W\nDear Ms. Van Dyk:\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 Sunpointe Place Apartments master meter and\ndownstream piping and facilities at 701 East Bay Drive, Largo, Florida.\nAs a result of the inspection, it appears that Sunpointe Place 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. §192.481 Atmospheric corrosion control: Monitoring.\n(a) Each operator must inspect each pipeline or portion of pipeline that is exposed to\nthe atmosphere for evidence of atmospheric corrosion, as follows:\nThen 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\nIf the pipeline is located: Onshore Offshore ... (c) If atmospheric corrosion is found during an inspection, the operator must\nprovide protection against the corrosion as required by Sec. 192.479.\nSunpointe Place Apartments did not inspect its onshore pipeline exposed to the\natmosphere for evidence of atmospheric corrosion at least once every 3 calendar years, but\nwith intervals not exceeding 39 months. Moreover, Sunpointe Place Apartments did not\nprovide protection against atmospheric corrosion in accordance with §192.479, which\nrequires pipelines to be properly cleaned and coated to prevent atmospheric corrosion.\n\n\n\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.\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.\nSunpointe Place 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.\nSunpointe Place 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.\nSunpointe Place 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.2\n\n\n\nUnder 49 United States Code, §60122, Sunpointe Place Apartments is subject to a civil\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\nSunpointe Place 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 2-2013-0014W. 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":6801}