# FLINT HILLS RESOURCES, LC — Notice of Probable Violation

- **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:** Not available
- **summary:** CLOSED notice of probable violation citing 195.402.
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- **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.

Official case documents:

320035002.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320035002/320035002.pdf

320035002_Final Order_08082003.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320035002/320035002_Final%20Order_08082003.pdf

320035002_Final Order_08082003.pdf

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U.S.Deportment of Tronsportolion
Reseorch ond
Speciol Progroms
Adminislrolion
400 Seventh St . S W
Washington. D C 20590
AUG - 8 2AA3
Mr. Patrick M. McCann
Senior Vice President, Operations
Koch Pipeline Company, LP
4111 East 37th Street, North
Wichita, KS 67201
Re: CPF No. 3-2003-5002
DearMr. McCann:
Enclosed is the Final Order issued by the Associate Administrator for Pipeline Safety in the
above-referenced case. It makes a finding of violation and assesses a civil penaltyforthe violation.
Your receipt of the Final Order constitutes service of that document under 49 C.F.R. $ 190.5.
I acknowledge receipt of; and accept your wire transfer dated March 18, 2003 for $15,000
as paynent in full of the civil penalty assessed in the Final Order. This case is now closed and no
further enforcement action is contemplated with the respect to the matters involved in this case.
Thank you for your cooperation in our joint effort to ensure pipeline safety.
Sincerely,
Gwendolyn M. Hill
Compliance Registry
Office of Pipeline Safety
Enclosure
CERTIFIED MAIL - RETURN RECEIPT REOUESTED



DEPARTMENT OF TRANSPORTATION
RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION
OFFICE OF PIPELINE SAFETY
WASHINGTON. DC 20590
In the Matter of
Koch Pipeline Company, LP )
)
)
)
Respondent. )
CPF No. 3-2003-5002
FINAL ORDER
On Decemb er 20,2001, pursuant to 49 U.S.C. $ 601 17, a representative of the Office of Pipeline
Safety (OPS) conducted an incident investigation ofRespondent's facility in Kossuth County, Iowa.
As a result of the inspection, the Director, Central Region, OPS, issued to Respondent, by letter
dated February 20,2003, a Notice of Probable Violation and Proposed Civil Penalty (Notice). In
accordance with 49 C.F.R. I 190.207,the Notice proposed finding that Respondent had committed
violation of 49 C.F.R. $ 195.402 and proposed assessing a civil penalty of $15,000 for the alleged
violation.
FINDINGS OF VIOLATION
Respondent did not contest alleged violation $ 195.402 in the Notice. Accordingly, I find that
Respondent violated the following section of 49 C.F.R. Part 195, as more fully described in the
Notice:
49 C.F.R. 5195.402-- failureto followwrittenprocedures forconductingnormal operations
ofmaintaining clearance between the pipeline and excavating equipment while working on
the pipeline.
This finding of violation will be considered a prior offense in any subsequent enforcement action
taken against Respondent.
ASSESSMENT OF PENALTY
Under 49 U.S.C. S 60122, Respondent is subject to a civil penalty not to exceed $100,000 per
violation for each day of the violation up to a maximum of $1,000,000 for any related series of
violations.
49 U.S.C. 5 60L22AND 49 C.F.R. 5190.225 require that, in determining the amount of the civil
penalty, I consider the following criteria: nature, circumstances, and gravity ofthe violation, degtee



2
of Respondent's culpability, history ofRespondent's prior offenses, Respondent's ability to pay the
penalty, good faith byRespondent in attempting to achieve compliance, the effect on Respondent's
ability to continue in business, and such other matters as justice may require.
I assess a civil penalty in the amount of $15,000, akeady paid by Respondent. The terms and
conditions of this Final Order are effective upon receipt.
AUG - 8 2003
Date Issued
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