{"operation":"document","citation":"CPF 320045002","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":"2004-02-09","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.404, 195.412, 195.589(c).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-320045002.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-320045002.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-320045002","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/320045002","body":"Notice of Probable Violation involving FLINT HILLS RESOURCES, LC. PHMSA's enforcement data identifies the cited regulations as 195,  195.404,  195.412,  195.589(c). The case was opened on 2004-02-09 and is reported as closed as of 2007-05-07. Proposed civil penalty: $5,000. Assessed civil penalty: $5,000. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n320045002_Final Order_05072007.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320045002/320045002_Final%20Order_05072007.pdf\n\n320045002_final order_05072007_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320045002/320045002_final%20order_05072007_text.pdf\n\n320045002_final order_05072007_text.pdf\n\nU 5 Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety Administration\n400 Seventh Street, S W\nWashington, D C 20590\nMAY 7 EXES\nKoch Pipeline Company, LP\nMr. Robert O'Hair\nPresident\n4111 East 37th St. North\nWichita, Kansas 67220\nRe: CPF No. 3-2004-5002\nDear Mr. O'Hair:\nEnclosed is the Final Order issued by the Associate Administrator for Pipeline Safety in\nthe above-referenced case. It makes a finding of violation and assesses a civil penalty of $5, 000.\nI acknowledge receipt of your wire transfer of $5, 000 on March 9, 2004 and accept it as payment\nin full of the civil penalty assessed in the Final Order. This case is now closed. Your receipt of\nthe Final Order constitutes service of that document under 49 C. F R. $ 190. 5.\nSmcerely,\names Reynolds\nPipeline Compliance Registry\ncc: Ivan Huntoon\nDirector, Central Region, PHMSA\nEnclosure\nCERTIFIED MAIL — RETURN RECEIPT RE UESTED\n\n\n\nDEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, DC 20590\nIn the Matter of\nKoch Pipeline Company, L. P.\nRespondent\nCPF No. 3-2004-5002\nFINAL ORDER\nOn February 9, 2004, in accordance with 49 C. F. R. $ 190. 207, the Director, Central Region,\nPipeline and Hazardous Materials Safety Administration (PHMSA), issued to Respondent a\nNotice of Probable Violation and Proposed Civil Penalty (Notice). The Notice proposed finding\nthat Respondent committed a violation of 49 C. F. R. Part 195 and proposed assessing a civil\npenalty of $5, 000 for the alleged violation.\nRespondent did not contest the allegation in the Notice and submitted a wire transfer in the\namount of the proposed civil penalty ($5, 000), waiving further right to respond and authorizing\nthe entry of this Final Order.\nPursuant to 49 C. F. R. $ 190. 213 and 49 U. S. C. $ 60122, I find that Respondent violated the\nfollowing section of 49 C. F. R. Part 195, as more fully described in the Notice:\n49 C. F. R. $ 195. 404 — failing to maintain maps and records that include information on\nthe location of all pipeline valves. Respondent's alignment sheets for the MN-Pipeline\nsystem did not correspond to the valve inspection records and a 16-inch valve at the\nClearbrook station was identified as a 6-inch valve.\n\n\n\nThis finding of violation will be considered a prior offense in any subsequent enforcement action\ntaken against Respondent. Having reviewed the record and considered the assessment criteria, I\nassess Respondent a civil penalty of $5, 000, already paid by Respondent.\nWARNING ITEMS\nWith respect to Items 2 and 3, the Notice alleged probable violations of Part 195 but did not\npropose a civil penalty or compliance order for these items. Therefore, these are considered to\nbe warning items. The warnings were for:\n49 C. F. R. $ 195. 412 (Notice Item 2) — failure to inspect surface conditions on or\nadjacent to each pipeline right-of-way. Respondent's chosen method of patrolling\nwas by air but tree growth had obstructed the view at four specified locations; and\n49 C. F. R. $ 195. 589(c) (Notice Item 3) — failure to maintain all records\nassociated with corrosion control. Certain of Respondent's inspection forms did\nnot have the exposed pipe section filled out.\nI find that these items constitute probable violations under 49 C. F. R. $ 190. 205, and Respondent\nis hereby advised to correct such conditions. In the event that PHMSA finds a violation of said\nitems in a subsequent inspection, Respondent may be subject to future enforcement action.\nThe terms and conditions of this Final Order are effective on receipt.\ne yD Wiese\ncti g Associate Administrator\nfor Pipeline Safety\nDate Issued","truncated":false,"body_characters":4393}