MARATHON PIPE LINE LLC — Notice of Probable Violation

case documentOfficial PDF320035008.pdf#

320035008_Final Order_08082003.pdf, page 1Official PDFt o U.SDeportment of Tronsporlotion Resesrchond Speciol Progroms Administrotion 400 Seventh Sr.. S.W Washrnglon. D.C 20590 AUG - 8 2003 Mr. Thomas L. Shaw Vice President, Operations Marathon-Ashland Pipe Line, LLC 539 South Main Street Findlay, OH 45840-3295 Re: CPF No. 3-2003-5008 Dear Mr. Shaw: Enclosed is a Final Order issued by the Associate Administrator for Pipeline Safety in the above-referenced case. It makes a finding of violation of pipeline safety standards. Your receipt of the Final Order constitutes service of that document under 49 C.F.R. $190.5. I acknowledge receipt of, and accept the wire transfer dated March 28,2003,in the amount of $10,000 as payment in full of the civil penalty. This case is now closed and no funher 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, Gwendollm M. Hill Pipeline Compiiance Registry Office of Pipeline Safety Enclosure CERTIFIED MAIL - RETURN RECEIPT REO-UESTED#

320035008_Final Order_08082003.pdf, page 2I DEPARTMENT OF TRANSPORTATION RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION OFFICE OF PIPELINE SAFETY WASHINGTON. DC 20590 In the Matter of Marathon-Ashland Pipe Line, Respondent LLC ) ) ) ) ) ) ) CPF No. 3-2003-5008 FINAL ORDER On September l6-20,2002,pursuant to Chapter 601 of 49 United States Code, a representative of the Office of Pipeline Safety (OPS) conducted an onsite pipeline safety inspection ofRespondent's pipeline facilities and records at Wood River, IL and Martinsville, IL. As a result ofthe inspection, the Director, Central Region, OPS, issued to Respondent, by letter dated February 27,2003, a Notice of Probable Violation and Proposed Civil Penalty (Notice). Irr accordance with 49 C.F.R. 5190.207 ,the Notice proposed finding that Respondent had committed a violation of49 C.F.R. Part 195 and proposed assessing a civil penalty of $10,000 for the alleged violation. FINDING OF VIOLATION Respondent responded by letter dated March 27,2003,but did not contest the alleged violation of 49 C.F.R. Part 195 in the Notice. Accordingly, I find that Respondent violated the following section of Part 195, as more fully described in the Notice: 49 C.F.R. $195.a0a(cx3) - failure to maintain records indicating that the lines had been inspected for internal and external corrosion. This finding ofviolation will be considered as a prior offense in any subsequent enforcement action taken against Respondent. ASSESSMENT OF PENALTY Under 49 U.S.C. $ 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.#

320035008_Final Order_08082003.pdf, page 32 49 U.S.C. 5 60122 and 49 C.F.R. S 190.225 require that, in determining the amount of the civil penalty, I consider the following criteria: nature, circumstances, and gravity of the violation, degree ofRespondent's culpability, history ofRespondent's prior offenses, Respondent's ability to pay the penalty, good faithbyRespondent in attempting to achieve compliance, the effect on Respondent's ability to continue in business, and such other matters as justice may require. Accordingly, having reviewed the record and considered the assessment criteia,I assess a civil penalty of $10,000, akeadypaid byRespondent. The terms and conditions of this Final Order are effective upon receipt. AUG - 8 2003 Date Issued ft- R5s6siate Administrator for Pipeline Safety#