{"operation":"document","citation":"CPF 220140006W","title":"EUREKA GARDENS APARTMENTS — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2014-07-31","effective_on":null,"summary":"CLOSED warning letter citing 192.1015(a), 192.481(a), 192.481(c), 192.625(f)(1), 192.625(f)(2), 192.721(b)(2), 192.747(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-220140006w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-220140006w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-220140006w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/220140006W","body":"Warning Letter involving EUREKA GARDENS APARTMENTS. PHMSA's enforcement data identifies the cited regulations as 192.1015(a),  192.481(a),  192.481(c),  192.625(f)(1),  192.625(f)(2),  192.721(b)(2),  192.747(a). The case was opened on 2014-07-31 and is reported as closed as of 2014-07-31. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n220140006W_warning letter_07312014.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220140006W/220140006W_warning%20letter_07312014.pdf\n\n220140006W_warning letter_07312014_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220140006W/220140006W_warning%20letter_07312014_text.pdf\n\n220140006W_warning letter_07312014_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nJuly 31, 2014\nMs. Holli Garrard\nProperty Manager\nEureka Gardens Apartments\n1214 Labelle Street\nJacksonville, FL 32205\nCPF 2-2014-0006W\nDear Ms. Garrard:\nOn June 18, 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 Eureka Gardens Apartments master meter and\ndownstream piping and facilities at Eureka Gardens North and South properties. Eureka\nGardens North is served by a master meter located on the side of a utility building closest to\nthe southwest corner of building #2. Eureka Gardens South is served by a master meter\nlocated between buildings #26 and #27 against a pump house.\nAs a result of the inspection, it appears that Eureka Gardens 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\n\n\n\n... (c) If atmospheric corrosion is found during an inspection, the operator must\nprovide protection against the corrosion as required by Sec. 192.479.\nEureka Gardens 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, Eureka Gardens 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.\nThe PHMSA inspector observed atmospheric corrosion at many regulator risers on\nbuildings in North and South Eureka. These risers had not been properly cleaned and\ncoated 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.\nEureka Gardens Apartments did not present records to demonstrate that it had assured the\nproper concentration of odorant in its pipeline system by receiving written verification\nfrom its gas source that the gas has the proper concentration of odorant or by conducting\nperiodic \"sniff\" tests at the extremities of the system to confirm that the gas contains\nodorant.\n3. §192.721 Distribution systems: Patrolling.\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.\nEureka Gardens Apartments did not present records to show it had patrolled its\ndistribution system in the residential area at intervals not exceeding 7½ months, but at\nleast 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.\nEureka Gardens Apartments did not present records to demonstrate that it had checked\nand serviced its shut off (or key valve) which may be necessary for the safe operation of\nits distribution system at intervals not exceeding 15 months, but at least once each\ncalendar year.\n2\n\n\n\n5. §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.\nEureka Gardens Apartments did not present records to demonstrate that it had developed\nand implemented an IM program.\nUnder 49 United States Code, § 60122, Eureka Gardens 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\nEureka Gardens 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 2-2014-0006W. 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":7117}