{"operation":"document","citation":"CPF 320035008","title":"MARATHON PIPE LINE LLC — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2003-02-27","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.404(c)(3).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-320035008.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-320035008.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-320035008","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/320035008","body":"Notice of Probable Violation involving MARATHON PIPE LINE LLC. PHMSA's enforcement data identifies the cited regulation as 195.404(c)(3). The case was opened on 2003-02-27 and is reported as closed as of 2003-08-08. Proposed civil penalty: $10,000. Assessed civil penalty: $10,000. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n320035008.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320035008/320035008.pdf\n\n320035008_Final Order_08082003.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320035008/320035008_Final%20Order_08082003.pdf\n\n320035008_Final Order_08082003.pdf\n\nt\no\nU.SDeportment of Tronsporlotion\nResesrchond\nSpeciol Progroms\nAdministrotion\n400 Seventh Sr.. S.W\nWashrnglon. D.C 20590\nAUG - 8 2003\nMr. Thomas L. Shaw\nVice President, Operations\nMarathon-Ashland Pipe Line, LLC\n539 South Main Street\nFindlay, OH 45840-3295\nRe: CPF No. 3-2003-5008\nDear Mr. Shaw:\nEnclosed is a Final Order issued by the Associate Administrator for Pipeline Safety in the\nabove-referenced case. It makes a finding of violation of pipeline safety standards. Your receipt\nof the Final Order constitutes service of that document under 49 C.F.R. $190.5.\nI acknowledge receipt of, and accept the wire transfer dated March 28,2003,in the amount\nof $10,000 as payment in full of the civil penalty. This case is now closed and no funher\nenforcement action is contemplated with the respect to the matters involved in this case. Thank you\nfor your cooperation in our joint effort to ensure pipeline safety.\nSincerely,\nGwendollm M. Hill\nPipeline Compiiance Registry\nOffice of Pipeline Safety\nEnclosure\nCERTIFIED MAIL - RETURN RECEIPT REO-UESTED\n\n\n\nI\nDEPARTMENT OF TRANSPORTATION\nRESEARCH AND SPECIAL PROGRAMS ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON. DC 20590\nIn the Matter of\nMarathon-Ashland Pipe Line,\nRespondent\nLLC )\n)\n)\n)\n)\n)\n)\nCPF No. 3-2003-5008\nFINAL ORDER\nOn September l6-20,2002,pursuant to Chapter 601 of 49 United States Code, a representative of\nthe Office of Pipeline Safety (OPS) conducted an onsite pipeline safety inspection ofRespondent's\npipeline facilities and records at Wood River, IL and Martinsville, IL. As a result ofthe inspection,\nthe Director, Central Region, OPS, issued to Respondent, by letter dated February 27,2003, a\nNotice of Probable Violation and Proposed Civil Penalty (Notice). Irr accordance with 49 C.F.R.\n5190.207 ,the Notice proposed finding that Respondent had committed a violation of49 C.F.R. Part\n195 and proposed assessing a civil penalty of $10,000 for the alleged violation.\nFINDING OF VIOLATION\nRespondent responded by letter dated March 27,2003,but did not contest the alleged violation of\n49 C.F.R. Part 195 in the Notice. Accordingly, I find that Respondent violated the following\nsection of Part 195, as more fully described in the Notice:\n49 C.F.R. $195.a0a(cx3) - failure to maintain records indicating that the lines had been\ninspected for internal and external corrosion.\nThis finding ofviolation will be considered as a prior offense in any subsequent enforcement action\ntaken against Respondent.\nASSESSMENT OF PENALTY\nUnder 49 U.S.C. $ 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.\n\n\n\n2\n49 U.S.C. 5 60122 and 49 C.F.R. S 190.225 require that, in determining the amount of the civil\npenalty, I consider the following criteria: nature, circumstances, and gravity of the violation, degree\nofRespondent's culpability, history ofRespondent's prior offenses, Respondent's ability to pay the\npenalty, good faithbyRespondent in attempting to achieve compliance, the effect on Respondent's\nability to continue in business, and such other matters as justice may require.\nAccordingly, having reviewed the record and considered the assessment criteia,I assess a civil\npenalty of $10,000, akeadypaid byRespondent. The terms and conditions of this Final Order are\neffective upon receipt.\nAUG - 8 2003\nDate Issued\nft- R5s6siate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":4120}