{"operation":"document","citation":"CPF 320035002","title":"FLINT HILLS RESOURCES, LC — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2003-02-20","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.402.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-320035002.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-320035002.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-320035002","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/320035002","body":"Notice of Probable Violation involving FLINT HILLS RESOURCES, LC. PHMSA's enforcement data identifies the cited regulation as 195.402. The case was opened on 2003-02-20 and is reported as closed as of 2003-08-08. Proposed civil penalty: $15,000. Assessed civil penalty: $15,000. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n320035002.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320035002/320035002.pdf\n\n320035002_Final Order_08082003.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320035002/320035002_Final%20Order_08082003.pdf\n\n320035002_Final Order_08082003.pdf\n\nt-\nI ?}\nU.S.Deportment of Tronsportolion\nReseorch ond\nSpeciol Progroms\nAdminislrolion\n400 Seventh St . S W\nWashington. D C 20590\nAUG - 8 2AA3\nMr. Patrick M. McCann\nSenior Vice President, Operations\nKoch Pipeline Company, LP\n4111 East 37th Street, North\nWichita, KS 67201\nRe: CPF No. 3-2003-5002\nDearMr. McCann:\nEnclosed is the Final Order issued by the Associate Administrator for Pipeline Safety in the\nabove-referenced case. It makes a finding of violation and assesses a civil penaltyforthe violation.\nYour receipt of the Final Order constitutes service of that document under 49 C.F.R. $ 190.5.\nI acknowledge receipt of; and accept your wire transfer dated March 18, 2003 for $15,000\nas paynent in full of the civil penalty assessed in the Final Order. This case is now closed and no\nfurther enforcement action is contemplated with the respect to the matters involved in this case.\nThank you for your cooperation in our joint effort to ensure pipeline safety.\nSincerely,\nGwendolyn M. Hill\nCompliance Registry\nOffice of Pipeline Safety\nEnclosure\nCERTIFIED MAIL - RETURN RECEIPT REOUESTED\n\n\n\nDEPARTMENT OF TRANSPORTATION\nRESEARCH AND SPECIAL PROGRAMS ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON. DC 20590\nIn the Matter of\nKoch Pipeline Company, LP )\n)\n)\n)\nRespondent. )\nCPF No. 3-2003-5002\nFINAL ORDER\nOn Decemb er 20,2001, pursuant to 49 U.S.C. $ 601 17, a representative of the Office of Pipeline\nSafety (OPS) conducted an incident investigation ofRespondent's facility in Kossuth County, Iowa.\nAs a result of the inspection, the Director, Central Region, OPS, issued to Respondent, by letter\ndated February 20,2003, a Notice of Probable Violation and Proposed Civil Penalty (Notice). In\naccordance with 49 C.F.R. I 190.207,the Notice proposed finding that Respondent had committed\nviolation of 49 C.F.R. $ 195.402 and proposed assessing a civil penalty of $15,000 for the alleged\nviolation.\nFINDINGS OF VIOLATION\nRespondent did not contest alleged violation $ 195.402 in the Notice. Accordingly, I find that\nRespondent violated the following section of 49 C.F.R. Part 195, as more fully described in the\nNotice:\n49 C.F.R. 5195.402-- failureto followwrittenprocedures forconductingnormal operations\nofmaintaining clearance between the pipeline and excavating equipment while working on\nthe pipeline.\nThis finding of violation will be considered a prior offense in any subsequent enforcement action\ntaken against Respondent.\nASSESSMENT OF PENALTY\nUnder 49 U.S.C. S 60122, Respondent is subject to a civil penalty not to exceed $100,000 per\nviolation for each day of the violation up to a maximum of $1,000,000 for any related series of\nviolations.\n49 U.S.C. 5 60L22AND 49 C.F.R. 5190.225 require that, in determining the amount of the civil\npenalty, I consider the following criteria: nature, circumstances, and gravity ofthe violation, degtee\n\n\n\n2\nof Respondent's culpability, history ofRespondent's prior offenses, Respondent's ability to pay the\npenalty, good faith byRespondent in attempting to achieve compliance, the effect on Respondent's\nability to continue in business, and such other matters as justice may require.\nI assess a civil penalty in the amount of $15,000, akeady paid by Respondent. The terms and\nconditions of this Final Order are effective upon receipt.\nAUG - 8 2003\nDate Issued","truncated":false,"body_characters":3965}