{"operation":"document","citation":"CPF 220160003W","title":"TZADIK BROOKSIDE APARTMENTS — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2016-11-17","effective_on":null,"summary":"CLOSED warning letter citing 192.1015(a), 192.11(b), 192.321(e), 192.491(c), 192.603(b), 192.605(a), 192.614(b), 192.615(a), 192.616(j), 192.707(a)(1), 192.707(c), 192.805, 192.807(b).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-220160003w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-220160003w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-220160003w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/220160003W","body":"Warning Letter involving TZADIK BROOKSIDE APARTMENTS. PHMSA's enforcement data identifies the cited regulations as 192.1015(a),  192.11(b),  192.321(e),  192.491(c),  192.603(b),  192.605(a),  192.614(b),  192.615(a),  192.616(j),  192.707(a)(1),  192.707(c),  192.805,  192.807(b). The case was opened on 2016-11-17 and is reported as closed as of 2016-11-17. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n220160003W_Warning Letter_11172016.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220160003W/220160003W_Warning%20Letter_11172016.pdf\n\n220160003W_Warning Letter_11172016_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220160003W/220160003W_Warning%20Letter_11172016_text.pdf\n\n220160003W_Warning Letter_11172016_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nNovember 17, 2016\nMr. Adam Hendry\nTzadik Eagle Reserve, LLC (d/b/a Tzadik Brookside Apartments)\n11098 Biscayne Blvd, #203\nMiami, FL 33161\nCPF 2-2016-0003W\nDear Mr. Hendry:\nOn July 20-21, 2016, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), Southern Region, Office of Pipeline Safety inspected the Eagle\nReserve Apartments1 (Eagle Reserve) written procedures and records in its Orlando, Florida,\noffice and its two liquefied petroleum gas (LPG) master meter pipeline systems in\nOrange County, Florida, pursuant to Chapter 601 of 49 United States Code.\nAs a result of the inspection, it appears that Eagle Reserve committed probable violations of\nthe Pipeline Safety Regulations, Title 49, Code of Federal Regulations. The items inspected\nand the probable violations are as follows:\n1. § 192.11 Petroleum gas systems.\n(a) …\n(b) Each pipeline system subject to this part that transports only petroleum\ngas or petroleum gas/air mixtures must meet the requirements of this part and of\nANSI/NFPA 58 and 59.\n- Eagle Reserve did not meet the requirements for regulator installation in NFPA\n58 (2004), Section 6.7.4.5, which states that “The point of discharge from the\nrequired pressure relief device on regulating equipment installed outside of buildings\nin fixed piping systems shall be located not less than 3 ft (1 m) horizontally away from\nany building opening below the level of such discharge, and not beneath any building\nunless this space is well ventilated to the outside and is not enclosed for more than 50\npercent of its perimeter.”\n1 At the time of the inspection, the gas systems, referenced herein, were owned by Eagle Reserve, LLC, and\noperated as Eagle Reserve Apartments. On August 10, 2016, the property was sold to Tzadik Eagle Reserve,\nLLC, and, subsequently, began doing business as Tzadik Brookside Apartments.\n\n\n\nThe PHMSA inspector observed pressure relief device vents, at Buildings 3975,\n3985, 5245, 5255, 5365, 5475, 5525, and 5565, with a point of discharge less than 3\nfeet horizontally from a building opening below the point of discharge.\n- Eagle Reserve did not meet the requirements for regulator installation in NFPA\n58 (2004), Section 6.7.4.6, which states that “The point of discharge shall also be\nlocated not less than 5 ft (1.5 m) in any direction away from any source of ignition,\nopenings into direct-vent (sealed combustion system) appliances, or mechanical\nventilation air intakes.”\nThe PHMSA inspector observed a pressure relief device at Building 3975 with its\npoint of discharge less than 5 feet from a source of ignition.\n2. §192. 321 Installation of plastic pipe.\n(a) …\n(e) Plastic pipe that is not encased must have an electrically conducting wire or\nother means of locating the pipe while it is underground. Tracer wire may not be\nwrapped around the pipe and contact with the pipe must be minimized but is not\nprohibited. Tracer wire or other metallic elements installed for pipe locating\npurposes must be resistant to corrosion damage, either by use of coated copper wire\nor by other means.\nEagle Reserve did not install an electrically conducting wire or other means of locating\nthe pipe while it is underground.\nAt the time of the inspection, the PHMSA inspector requested the Eagle Reserve\nmaintenance manager locate the plastic mains and service lines at several different\nlocations. The maintenance manager indicated that she did not have a means of locating\nthe mains or service lines and was not aware of any locations within the system where\ntracer wire was installed.\n3. §192.491 Corrosion control records.\n(a) …\n(c) Each operator shall maintain a record of each test, survey, or inspection\nrequired by this subpart in sufficient detail to demonstrate the adequacy of\ncorrosion control measures or that a corrosive condition does not exist. These\nrecords must be retained for at least 5 years, except that records related to\n§§192.465 (a) and (e) and 192.475(b) must be retained for as long as the pipeline\nremains in service.\nEagle Reserve did not maintain records of each test, survey, or inspection required by\nSubpart I in sufficient detail to demonstrate the adequacy of corrosion control measures\nor that a corrosive condition did not exist. More specifically, Eagle Reserve did not\nprovide records to demonstrate that it inspected each pipeline or portion of pipeline that is\nexposed to the atmosphere, in accordance with §192.481(a), for evidence of atmospheric\ncorrosion.\n2\n\n\n\nAt the time of the inspection, the PHMSA inspector requested Eagle Reserve’s corrosion\ncontrol records for its LPG master systems. The Eagle Reserve representative informed\nthe PHMSA inspector that Eagle Reserve did not have the requested corrosion control\nrecords.\n4. §192.603 General provisions.\n(a) …\n(b) Each operator shall keep records necessary to administer the procedures\nestablished under §192.605.\nEagle Reserve did not keep records necessary to administer the procedures established\nunder §192.605 that pertain to its LPG master meter pipeline systems. Specifically,\nEagle Reserve did not keep the records demonstrating that it:\n- Reviewed and updated, in accordance with §192.605(a), its manual at intervals not\nexceeding 15 months, but at least once each calendar year.\n- Made, in accordance with §192.605(b)(3), construction records, maps, and operating\nhistory available to appropriate operating personnel\n- Provided, in accordance with §192.614(c)(3), a means of receiving and recording\nnotification of planned excavation activities.\n- Trained, in accordance with §192.615(b)(2), the appropriate operating personnel to\nassure that they were knowledgeable of the emergency procedures and verified that\nthe training was effective.\n- Established and maintained, in accordance with §192.615(c), liaison with appropriate\nfire, police, and other public officials.\n- Provided, in accordance with §192.616(j), its customers public awareness messages\ntwice annually.\n- Operated, in accordance with §192.621(a), its high pressure distribution system at a\npressure that did not exceed the maximum allowable operating pressure established\nunder §192.621.\n- Assured, in accordance with §192.625(f), the proper concentration of odorant by:\n- Receiving written verification from their gas source that the gas had the proper\nconcentration of odorant; and\n- Conducting periodic “sniff” tests at the extremities of the system to confirm that\nthe gas contained odorant.\n- Patrolled, in accordance with §192.721(b)(2), its mains at intervals not exceeding 71∕2\nmonths, but at least twice each calendar year.\n- Leak surveyed, in accordance with §192.723(b)(2), its systems, with leak detector\nequipment, as frequently as necessary, but at least once every 5 calendar years at\nintervals not exceeding 63 months.\n- Checked and serviced, in accordance with §192.747(a), each valve, the use of which\nmay have been necessary for the safe operation of its distribution systems at intervals\nnot exceeding 15 months, but at least once each calendar year.\n3\n\n\n\nAt the time of the inspection, the PHMSA inspector requested Eagle Reserve’s operations\nand maintenance records for its Eagle Reserve LPG master meter systems. The Eagle\nReserve representative informed the PHMSA inspector that Eagle Reserve did not have\nthe requested operations and maintenance records.\n5. §192.605 Procedural manual for operations, maintenance, and emergencies.\n(a) General. Each operator shall prepare and follow for each pipeline, a\nmanual of written procedures for conducting operations and maintenance activities\nand for emergency response. For transmission lines, the manual must also include\nprocedures for handling abnormal operations. This manual must be reviewed and\nupdated by the operator at intervals not exceeding 15 months, but at least once each\ncalendar year. This manual must be prepared before operations of a pipeline system\ncommence. Appropriate parts of the manual must be kept at locations where\noperations and maintenance activities are conducted.\nEagle Reserve failed to prepare and follow, for each pipeline, a manual of written\nprocedures for conducting operations and maintenance activities and for emergency\nresponse. The manual required by paragraph 192.605(a) should have included written\nprocedures, as applicable to LPG master meter systems, in accordance with:\n- §192.605(b)(1) for operating, maintaining, and repairing the pipeline in accordance\nwith part 192 subpart L and subpart M.\n- §192.605(b)(2) for controlling corrosion in accordance with the operations and\nmaintenance requirements of part 192 subpart I.\n- §192.605(b)(3) for making construction records, maps, and operating history available\nto appropriate operating personnel.\n- §192.605(b)(4) for gathering of data needed for reporting incidents under Part 191 of\nthis chapter in a timely and effective manner.\n- §192.605(b)(8) for periodically reviewing the work done by operator personnel to\ndetermine the effectiveness, and adequacy of the procedures used in normal operation\nand maintenance and modifying the procedures when deficiencies are found.\n- §192.605(b)(9) for taking adequate precautions in excavated trenches to protect\npersonnel from the hazards of unsafe accumulations of vapor or gas, and making\navailable when needed at the excavation, emergency rescue equipment, including a\nbreathing apparatus and, a rescue harness and line.\n- §192.605(b)(11) for responding promptly to a report of a gas odor inside or near a\nbuilding, unless the operator's emergency procedures under § 192.615(a)(3)\nspecifically apply to these reports.\n- 192.615(b)(2) for training of the appropriate operating personnel to assure they are\nknowledgeable of the emergency procedures and verifying that the training is\neffective.\n- 192.615(b)(3) for reviewing employee activities to determine whether the procedures\nwere effectively followed in each emergency.\n4\n\n\n\n- 192.615(c) for establishing and maintaining liaison with appropriate fire, police and\nother public officials and utility owners.\n- §192.605(e) for:\n- Continuing surveillance, in accordance with §192.613(a)\n- Emergency response, in accordance §192.615, notably:\n- Investigation of failures, in accordance with §192.617\nAt the time of the inspection, the PHMSA inspector requested Eagle Reserve’s written\nprocedures manual for operations, maintenance, and emergencies for its Eagle Reserve\nLPG master meter pipeline systems. The Eagle Reserve representative informed the\nPHMSA inspector that Eagle Reserve did not have a manual of written procedures for its\npipeline systems.\n6. §192.614 Damage prevention program.\n(a) …\n(b) An operator may comply with any of the requirements of paragraph (c) of\nthis section through participation in a public service program, such as a one-call\nsystem, but such participation does not relieve the operator of responsibility for\ncompliance with this section. However, an operator must perform the duties of\nparagraph (c)(3) of this section through participation in a one-call system, if that\none-call system is a qualified one-call system. In areas that are covered by more\nthan one qualified one-call system, an operator need only join one of the qualified\none-call systems if there is a central telephone number for excavators to call for\nexcavation activities, or if the one-call systems in those areas communicate with one\nanother. An operator's pipeline system must be covered by a qualified one-call\nsystem where there is one in place. For the purpose of this section, a one-call system\nis considered a “qualified one-call system” if it meets the requirements of section\n(b)(1) or (b)(2) of this section.\nEagle Reserve did not provide a means of receiving and recording notification of planned\nexcavation activities in accordance with §192.614(c)(3) through participation in a\nqualified one-call system. Section 192.614(b) requires an operator's pipeline system to\nbe covered by a qualified one-call system where there is one in place. Florida's Sunshine\n811 is a qualified one-call system.\nAt the time of the inspection, the PHMSA inspector requested documentation to\ndemonstrate that Eagle Reserve had registered its Eagle Reserve LPG master meter\nsystems with Sunshine 811. The Eagle Reserve representative stated that Eagle Reserve\ndid not have the requested documentation and that he was not aware of the damage\nprevention requirements.\n7. §192.615 Emergency plans.\n(a) Each operator shall establish written procedures to minimize the hazard\nresulting from a gas pipeline emergency. [...]\n5\n\n\n\nEagle Reserve failed to establish written procedures to minimize the hazard resulting\nfrom a gas pipeline emergency. The written procedures required by paragraph\n192.615(a) should have included procedures applicable to LPG master meter systems in\naccordance with:\n- §192.615(a)(1) for receiving, identifying, and classifying notices of events which\nrequire immediate response by the operator.\n- §192.615(a)(2) for establishing and maintaining adequate means of communication\nwith appropriate fire, police, and other public officials.\n- §192.605(a)(3) for making a prompt and effective response to a notice of each type of\nemergency, including gas detected inside or near a building, a fire or explosion near or\ndirectly involving a pipeline facility, or a natural disaster.\n- §192.615(a)(4) for ensuring availability of personnel, equipment, tools, and materials,\nas needed at the scene of an emergency.\n- §192.615(a)(5) for taking actions directed toward protecting people first and then\nproperty.\n- §192.615(a)(6) for the emergency shutdown or pressure reduction in any section of\npipeline system necessary to minimize hazards to life or property\n- §192.615(a)(7) for making safe any actual or potential hazard to life or property.\n- §192.615(a)(8) for notifying appropriate public officials of gas pipeline emergencies\nand coordinating with them both planned responses and actual responses during an\nemergency.\n- §192.615(a)(9) for safely restoring any service outage.\n- §192.615(a)(10) for beginning action under 192.617, if applicable, as soon after the\nend of the emergency as possible.\nAt the time of the inspection, the PHMSA inspector requested Eagle Reserve’s written\nprocedures for minimizing the hazard resulting from a gas pipeline emergency for its\nEagle Reserve LPG master meter pipeline systems. The Eagle Reserve representative\ninformed the OPS inspector that Eagle Reserve did not establish written procedures to\nminimize the hazard resulting from a gas pipeline emergency.\n8. §192.616 Public awareness.\n(a) …\n(j) Unless the operator transports gas as a primary activity, the operator of a\nmaster meter or petroleum gas system is not required to develop a public awareness\nprogram as prescribed in paragraphs (a) through (g) of this section. Instead the\noperator must develop and implement a written procedure to provide its customers\npublic awareness messages twice annually. If the master meter or petroleum gas\nsystem is located on property the operator does not control, the operator must\nprovide similar messages twice annually to persons controlling the property. The\npublic awareness message must include:\n(1) A description of the purpose and reliability of the pipeline;\n(2) An overview of the hazards of the pipeline and prevention measures used;6\n\n\n\n(3) Information about damage prevention;\n(4) How to recognize and respond to a leak; and\n(5) How to get additional information.\nEagle Reserve did not develop and implement a written procedure to provide its\ncustomers public awareness messages twice annually.\nAt the time of the inspection, the PHMSA inspector requested Eagle Reserve’s written\nprocedure for providing its customers public awareness messages twice annually. The\nEagle Reserve representative informed the PHMSA inspector that Eagle Reserve had not\ndeveloped and implemented written procedures for providing its customers public\nawareness messages.\n9. §192.707 Line markers for mains and transmission lines.\n(a) Buried pipelines. Except as provided in paragraph (b) of this section, a line\nmarker must be placed and maintained as close as practical over each buried main\nand transmission line:\n(1) At each crossing of a public road and railroad; and\n(2) …\nEagle Reserve failed to place and maintain line markers as close as practical over each\nburied main at each crossing of a public road.\nAt the time of the inspection, the PHMSA inspector observed that there were no pipeline\nmarkers on Rosewood Way to indicate the location where the main crossed the public\nroad.\n10. §192.707 Line markers for mains and transmission lines.\n(a) …\n(c) Pipelines aboveground. Line markers must be placed and maintained along\neach section of a main and transmission line that is located aboveground in an area\naccessible to the public.\nEagle Reserve failed to place and maintain line markers at locations where the main came\nabove ground in areas accessible to the public.\nAt the time of the inspection, the PHMSA inspector observed locations at the Eagle\nReserve LPG master meter systems, where the main came aboveground in areas\naccessible to the public, where Eagle Reserve had not places and maintained line\nmarkers.\n11. §192.805 Qualification program.\nEach operator shall have and follow a written qualification program. The program\nshall include provisions to:\n(a) Identify covered tasks;\n(b) Ensure through evaluation that individuals performing covered tasks are\nqualified;\n7\n\n\n\n(c) Allow individuals that are not qualified pursuant to this subpart to perform\na covered task if directed and observed by an individual that is qualified;\n(d) Evaluate an individual if the operator has reason to believe that the\nindividual’s performance of a covered task contributed to an incident as defined in\nPart 191;\n(e) Evaluate an individual if the operator has reason to believe that the\nindividual is no longer qualified to perform a covered task;\n(f) Communicate changes that affect covered tasks to individuals performing\nthose covered tasks; and\n(g) Identify those covered tasks and the intervals at which evaluation of the\nindividual’s qualifications is needed.\n(h) After December 16, 2004, provide training, as appropriate, to ensure that\nindividuals performing covered tasks have the necessary knowledge and skills to\nperform the tasks in a manner that ensures the safe operation of pipeline facilities;\nand\n(i) After December 16, 2004, notify the Administrator or a state agency\nparticipating under 49 U.S.C. Chapter 601 if the operator significantly modifies the\nprogram after the Administrator or state agency has verified that it complies with\nthis section.\nEagle Reserve did not have and follow a written qualification program.\nAt the time of the inspection, the PHMSA inspector requested Eagle Reserve’s written\nqualification program for its Eagle Reserve LPG master meter systems. The Eagle\nReserve representative informed the PHMSA inspector that Eagle Reserve did not have a\nwritten qualification program.\n12. §192.807 Recordkeeping.\nEach operator shall maintain records that demonstrate compliance with this\nsubpart.\n(a) …\n(b) Records supporting an individual's current qualification shall be\nmaintained while the individual is performing the covered task. Records of prior\nqualification and records of individuals no longer performing covered tasks shall be\nretained for a period of five years.\nEagle Reserve did not maintain records supporting the qualifications of individuals\nperforming covered tasks.\nAt the time of the inspection, the PHMSA inspector requested the qualification records\nfor individuals currently performing covered task on its pipeline systems. The Eagle\nReserve representative informed the PHMSA inspector that Eagle Reserve did not have\nan Operator Qualification plan or records of any qualified individuals performing covered\ntasks.\n13. §192.1015 What must a master meter or small liquefied petroleum gas (LPG)\noperator do to implement this subpart?\n8\n\n\n\n(a) General. No later than August 2, 2011 the operator of a master meter\nsystem or a small LPG operator must develop and implement an IM program that\nincludes a written IM plan as specified in paragraph (b) of this section. The IM\nprogram for these pipelines should reflect the relative simplicity of these types of\npipelines.\nEagle Reserve did not develop and implement a Distribution Integrity Management Plan\n(DIMP) by August 2, 2011. The DIMP required by paragraph (a) should have included\nprocedures, in accordance with:\n- §192.1015(b)(1), to demonstrate knowledge of its pipeline, which, to the extent\nknown, should include the approximate location and material of the pipeline.\n- §192.1015(b)(1), to identify additional information needed and provide a plan for\ngaining knowledge over time through normal activities conducted on the pipeline (for\nexample, design, construction, operations or maintenance activities).\n- §192.1015(b)(2), to consider, at minimum, the following categories of threats (existing\nand potential): Corrosion, natural forces, excavation damage, other outside force\ndamage, material or weld failure, equipment failure, and incorrect operation.\n- §192.1015(b)(3), to evaluate the risks to the pipeline and estimate the relative\nimportance of each identified threat.\n- §192.1015(b)(4), determine and implement measures designed to reduce the risks\nfrom failure of the pipeline.\n- §192.1015(b)(5), monitor, as a performance measure, the number of leaks eliminated\nor repaired on its pipeline and their causes.\n- §192.1015(b)(6), to determine the appropriate period for conducting IM program\nevaluations based on the complexity of the pipeline and changes in factors affecting\nthe risk of failure.\n- §192.1015(b)(6), to re-evaluate the entire program at least every five years and\nconsider the results of the performance monitoring in these evaluations.\nAt the time of the inspection, the PHMSA inspector requested Eagle Reserve’s DIMP for\nits Eagle Reserve LPG master meter systems. The Eagle Reserve representative\ninformed the PHMSA inspector that Eagle Reserve did not have Distribution Integrity\nManagement Plans for its systems.\nUnder 49 United States Code, § 60122, you are subject to a civil penalty not to exceed\n$205,638 per violation per day the violation persists up to a maximum of $2,056,380 for a\nrelated series of violations. For violation occurring between January 4, 2012 to\nAugust 1, 2016, the maximum penalty may not exceed $200,000 per violation per day, with a\nmaximum penalty not to exceed $2,000,000 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 item(s) identified in this letter. Failure to do so will result in\nTzadik Brookside Apartments (formerly Eagle Reserve Apartments) being subject to\nadditional enforcement action.\n9\n\n\n\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer\nto CPF 2-2016-0003W. 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,\nJames A. Urisko\nDirector, Office of Pipeline Safety\nPHMSA Southern Region\n10","truncated":false,"body_characters":24558}