{"operation":"document","citation":"CPF 220140002W","title":"COUNTRY VILLAGE APARTMENTS — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2014-07-02","effective_on":null,"summary":"CLOSED warning letter citing 192.1015(a), 192.465(a), 192.465(d), 192.625(f)(1), 192.625(f)(2), 192.721(a), 192.721(b)(2), 192.747.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-220140002w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-220140002w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-220140002w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/220140002W","body":"Warning Letter involving COUNTRY VILLAGE APARTMENTS. PHMSA's enforcement data identifies the cited regulations as 192.1015(a),  192.465(a),  192.465(d),  192.625(f)(1),  192.625(f)(2),  192.721(a),  192.721(b)(2),  192.747. The case was opened on 2014-07-02 and is reported as closed as of 2014-07-02. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n220140002W_Warning letter_07022014.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220140002W/220140002W_Warning%20letter_07022014.pdf\n\n220140002W_Warning letter_07022014_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220140002W/220140002W_Warning%20letter_07022014_text.pdf\n\n220140002W_Warning letter_07022014_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nJuly 2, 2014\nMs. Cathie Banta\nProperty Manager\n2700 SW Archer Road\nGainesville, FL 32608\nCPF 2-2014-0002W\nDear Ms. Banta:\nOn May 22, 2014, 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 Country Village Apartments master meter and\ndownstream piping and facilities at 2700 SW Archer Road, Gainesville, Florida.\nAs a result of the inspection, it appears that Country Village 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. §192.465 External corrosion control: Monitoring.\n(a) Each pipeline that is under cathodic protection must be tested at least once each\ncalendar year, but with intervals not exceeding 15 months, to determine whether the\ncathodic protection meets the requirements of §192.463. However, if tests at those\nintervals are impractical for separately protected short sections of mains or\ntransmission lines, not in excess of 100 feet (30 meters), or separately protected\nservice lines, these pipelines may be surveyed on a sampling basis. At least 10\npercent of these protected structures, distributed over the entire system must be\nsurveyed each calendar year, with a different 10 percent checked each subsequent\nyear, so that the entire system is tested in each 10-year period.\nCountry Village Apartments did not test each pipeline that is under cathodic protection at\nleast once each calendar year, but with intervals not exceeding 15 months, to determine\nwhether the cathodic protection met the requirements of §192.463. Moreover, Country\nVillage Apartments did not provide evidence to show that tests at those intervals are\nimpractical for separately protected short sections of its pipeline system or evidence that\nits pipeline system was being surveyed on a sampling basis.\n\n\n\nA review of three years of monitoring records (2012 – 2014) showed that Country Village\nApartments did not test its pipeline system’s cathodic protection at buildings A, B, E, and\nF in the calendar years 2013 and 2014. Moreover, the evidence strongly indicates that\nCountry Village Apartments knew of the requirement to take pipe-to-soil (p/s) readings\nbecause it did so in 2012 and that it just failed to take the readings in 2013 and 2014.\n2. §192.465 External corrosion control: Monitoring\n... (d) Each operator shall take prompt remedial action to correct any deficiencies\nindicated by the monitoring.\nCountry Village Apartments did not take prompt remedial action to correct deficiencies\nindicated by the external corrosion control monitoring of its pipeline system.\nA review of Country Village Apartments’ corrosion control monitoring records for three\nyears (2012 - 2014) revealed low1 p/s readings. Table 1 includes the p/s readings taken on\nthe dates shown at two locations along the Country Village Apartments’ pipeline system.\nBoth readings shown in the table fail to meet the criteria for cathodic protection contained\nin the federal pipeline safety regulations. Yet, at the time of the PHMSA inspection,\nCountry Village Apartments had not taken any remedial actions to correct these\ndeficiencies.\nFeb 2, 2012 2013 2014\nBuilding A - 640 mV No reading taken No reading taken\nBuilding B - 530 mV No reading taken No reading taken\nTable 1\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.\nCounty Village Apartments did not present, to the PHMSA inspector, 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 and by conducting periodic \"sniff\" tests at the extremities of the\n1 The criteria for cathodic protection are contained in 49 CFR Part 192, Appendix D. The criteria being\nreferenced in this letter is negative (cathodic) voltage of at least 850mV with reference to a saturated copper-\ncopper sulfate half-cell. Accordingly, a “low” p/s reading is a reading less negative than 850mV.\n2\n\n\n\nsystem to confirm that the gas contains odorant.\n4. §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… (2) Outside business districts, at intervals not exceeding 7 1/2 months, but at least\ntwice each calendar year.\nCounty Village Apartments did not present, to the PHMSA inspector, records to show it\npatrolled its distribution system in the residential area at intervals not exceeding 7½\nmonths, but at least twice each calendar year.\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.\nCounty Village Apartments did not present, to the PHMSA inspector, 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 15\nmonths, but at least once each calendar year.\n6. §192.1015 What must a master meter or small liquefied petroleum gas (LPG)\noperator do to implement this subpart?\n(a) General. No later than August 2, 2011 the operator of a master meter system or\na small LPG operator must develop and implement an IM program that includes a\nwritten IM plan as specified in paragraph (b) of this section. The IM program for\nthese pipelines should reflect the relative simplicity of these types of pipelines.\nCounty Village Apartments did not present, to the PHMSA inspector, records to\ndemonstrate that it had developed and implemented an Integrity Management program.\nUnder 49 United States Code, § 60122, Country Village 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\nCountry Village Apartments being subject to additional enforcement action.\n3\n\n\n\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer\nto CPF 2-2014-0002W. 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\n4","truncated":false,"body_characters":9097}