{"operation":"document","citation":"CPF 320055014","title":"DAKOTA GASIFICATION COMPANY — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2005-03-10","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.505(b), 195.507(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-320055014.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-320055014.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-320055014","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/320055014","body":"Notice of Probable Violation involving DAKOTA GASIFICATION COMPANY. PHMSA's enforcement data identifies the cited regulations as 195.505(b),  195.507(a). The case was opened on 2005-03-10 and is reported as closed as of 2007-05-01. Proposed civil penalty: $6,000. Assessed civil penalty: $6,000. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n320055014_Final Order_06292006.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320055014/320055014_Final%20Order_06292006.pdf\n\nCPF NO 3-2005-5014.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320055014/CPF%20NO%203-2005-5014.pdf\n\n320055014_Final Order_06292006.pdf\n\nU.S. Department 400 Seventh Street, S.W.\nof Transportation Washington, D.C. 20590\nPipeline and\nHazardous Materials Safety\nAdministration\nJUN 2 9 2006\nAlan C. Lukes\nVice President & Chief Operating Officer\nDakota Gasification Company\n1600 East Interstate Avenue\nBismarck, ND 58503\nRe: CPF No. 3-2005-5014\nDear Mr. Lukes:\nEnclosed is the Final Order issued by the Associate Administrator for Pipeline Safety in\nthe above-referenced case. It makes findings of violation and assesses a civil penalty of\n$6,000. I acknowledge receipt of your payment of $6,000 and accept it as payment in full of\nthe civil penalty assessed in the Final Order. The Final Order also acknowledges your\ncompletion of the proposed compliance order items to comply with the pipeline safety\nregulations. This case is now closed. Your receipt of the Final Order constitutes service of\nthat document under 49 C.F.R. 5 190.5.\nSincerely,\nJames Reynolds\nPipeline Compliance Registry\nOffice of Pipeline Safety\nEnclosure\ncc: Ivan A. Huntoon\nDirector, Central Region, PHP-300\nCERTIFIED MAIL -RETURN RECEIPT REQUESTED\n\n\n\nDEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\nIn the Matter of\nDakota Gasification Company,\nRespondent\n)\n)\n)\n)\n)\n) CPF NO. 3-2005-5014\nFINAL ORDER\nOn September 14-16,2004, pursuant to 49 U.S.C. $601 17, representatives of the Pipeline and\nHazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety and North\nDakota Public Service Commission conducted an on-site pipeline safety inspection of\nRespondent's Operator Qualification (OQ) records and procedures at Respondent's plant in\nBeulah, North Dakota. As a result of the inspection, the Director, Central Region, PHMSA,\nissued to Respondent, by letter dated March 10,2005, a Notice of Probable Violation,\nProposed Civil Penalty, and Proposed Compliance Order (Notice). In accordance with 49\nC.F.R. $ 190.207, the Notice proposed finding that Respondent had committed violations of\n49 C.F.R. Part 195 and proposed assessing a civil penalty of $6,000 for the alleged violations.\nThe Notice also proposed ordering Respondent to take certain measures to correct the alleged\nviolations.\nRespondent responded to the Notice by letter dated March 28,2005. Respondent did not\ncontest the allegations and agreed to pay the proposed civil penalties. Respondent also sought\nclarification with respect to the compliance order.\nFINDINGS OF VIOLATION\nIn its Response, Respondent did not contest the alleged violations in the Notice. Accordingly,\nI find that Respondent violated the following sections of 49 C.F.R. Part 195, as more fully\ndescribed in the Notice:\n49 C.F.R. $ 195.505(b) (Notice Item 1) -- failing to follow its written qualification\nprogram to ensure that individuals performing covered tasks are qualified; and\n\n\n\n49 C.F.R. § 195.507(a) (Notice Item 2) -- failing to identify a covered task and the\ndate of current qualification for one individual.\nThese findings of violation will be considered prior offenses in any subsequent\nenforcement action taken against Respondent. Having reviewed the record and\nconsidered the applicable penalty assessment criteria, I assess Respondent a civil penalty\nof $6,000, already paid by Respondent.\nCOMPLIANCE ORDER\nThe Notice proposed a Compliance Order with respect to the violations. Under 49 U.S.C.\n§ 601 18(a), each person who engages in the transportation of hazardous liquids or who\nowns or operates a pipeline facility is required to comply with the applicable safety\nstandards established under chapter 601. The Director, Central Region, PHMSA has\nindicated that Respondent has taken the following actions specified in the proposed\ncompliance order:\nIn regard to Item 1, Respondent qualified individuals for the relevant covered\ntasks and sent the associated records to PHMSA. Respondents also identified\nand examined those locations where unqualified individuals performed\ncovered tasks and corrected any anomalies. Respondent sent documentation\nof the examinations to PHMSA.' In regard to Item 2, Respondent identified\nthe task for which the specified individual was qualified with the date of\nqualification and sent copies of the completed records to PHMSA.\nAccordingly, since compliance has been achieved with respect to these violations, it is\nunnecessary to include compliance terms in this Order. The terms and conditions of this\nFinal Order are effective on receipt.\nJUN 2 9 2006\nDate Issued\nAdministrator\nor Pipeline Safety\n1 Respondent's letter dated March 28,2005 provided information demonstrating that re-excavation of the\ncarbon dioxide pipeline to re-inspect the coating was unnecessary. The Director, Central Region agreed.","truncated":false,"body_characters":5417}