{"operation":"document","citation":"CPF 320065031","title":"MARATHON ASHLAND PIPE LINE LLC — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2006-03-28","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.567(c), 195.573(a)(1).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-320065031.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-320065031.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-320065031","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/320065031","body":"Notice of Probable Violation involving MARATHON ASHLAND PIPE LINE LLC. PHMSA's enforcement data identifies the cited regulations as 195.567(c),  195.573(a)(1). The case was opened on 2006-03-28 and is reported as closed as of 2006-11-06. 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\n320065031_Final Order_07102006.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320065031/320065031_Final%20Order_07102006.pdf\n\n320065031_final order_07102006_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320065031/320065031_final%20order_07102006_text.pdf\n\n320065031_final order_07102006_text.pdf\n\nU 5 Department\nof rransportation\nPipeline and\nHazardous Materials Safety\nAdministration\n400 Seventh Sneer, S W\nWashington, D C 20590\nJUL l 0\nMr Craig 0 Pierson\nVice President, Operations\nMarathon Pipe Line, L L C\n539 South Main Street\nFindlay, OH 45840-3295\nRe CPF No 3-2006-5031\nDear Mr Pierson\nEnclosed is the Final Order issued by the Associate Administrator for Pipehne Safety in\nthe above-referenced case It makes findings of violation and assesses a civil penalty of\n$6, 000 The penalty payment terms are set forth in the Final Order This enforcement action\ncloses automatically upon payment Your receipt of the Fmal Order constitutes service of that\ndocument under 49 C F R Ir' 190 5\nSincerely\nJames Reynolds\nPipehne Comphance Registry\nOffice of Pipeline Safety\nEnclosure\ncc Ivan A Huntoon\nDirector, Central Region, PHP-300\nCERTIFIED MAIL — RETURN RECEIPT RE UESTED\n\n\n\nDEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARD/US MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, DC 20590\n)\nIn the Matter of )\n)\nMarathon Pipe Line, L. L. C.\n, )\n)\nRespondent )\nCPF No. 3-2006-5031\nFINAL ORDER\nOn Apnl 25-29 and May 2-6, 2005, pursuant to 49 U S C ) 60117, a representative of the\nPipeline and Hazardous Materials Safety Administration (PHMSA), mspected Respondent's\nrecords in Lima, Heath and Sparta, Ohio, and Respondent's facilities located wittun the states of\nOhio, West Virginia, and Pennsylvama As a result, the Director, Central Region, PHMSA,\nissued to Respondent a Notice of Probable Violation and Proposed Civil Penalty (Notice) The\nNotice proposed finding that Respondent had committed violations of 49 C F R Part 195 and\nproposed assessing a civil penalty of $6, 000 for the alleged violations\nRespondent responded to the Notice by letter dated Apnl 25, 2006 Respondent did not contest\nthe allegations and agreed to pay the proposed civil penalties\nFINDINGS OF VIOLATIONS\nIn its Response, Respondent did not contest the alleged violations in the Notice\nPursuant to 49 C F R $ 190 213 and 49 U S C $ 60122, I find that Respondent violated the\nfollowing sections of 49 C F R Part 195, as more fully described in the Notice\n49 C F R $ 195 567(c) (Notice Item 1) — failing to maintiun the specified cathodic\nprotection test lead wires, and\n49 C F R $ 195 573(a)(1) (Notice Item 2) — faihng to conduct annual cathodic protection\ntesting at the specified test stations\nThese finding of violation will be considered prior offenses in any subsequent enforcement\naction taken agamst Respondent\n\n\n\nASS SSMENT OF PENALTY\nUnder 49 U S C II 60122, Respondept is sub)ect to a civil penalty not to exceed $100, 000 per\nviolation for each day of the vholathoth up to a maximum of $1, 000, 000 for any related senes of\nviolations\n49 U S C Il 60122 and 49 C F R I'h 190 225 require that, in determining the amount of the civil\npenalty, I consider the follovnng cntena nature, circumstances, and gravity of the violation,\ndegree of Respondent's culpabihty, history of Respondent's pnor offenses, Respondent's abihty\nto pay the penalty, good faith by Respondent in attempting to achieve comphance, the effect on\nRespondent's abihty to continue in business, and such other matters as)ustice may require\nIn regard to Item I, the Notice proposed a civil penalty of $4, 000 for Respondent's fiulure to\nmamtahn cathodic protection test lead wires Maintaining cathodic protection test lead wires is\nnecessary to obtain electncal measurements for external corrosion control We acknowledge\nRespondent's intention to take appropnate action to prevent the occurrence of missed or un-\nrephured test stations hn the future Respondent, however, has presented no information that\nwould warrant a reduction in the civil penalty amount proposed hn the Notice for this violation\nAccordingly, I assess Respondent a civil penalty of $4, 000 for violating 49 C F R $ 195 567(c)\nIn regard to Item 2, the Notice proposed a civd penalty of $2, 000 for Respondent's fadure to\nconduct annual test readings on protected pipehnes Conducting annual test readmgs on\nprotected pipehnes is important to moiutor external corrosion Respondent has presented no\ninformation that would warrant a reduction in the civil penalty amount proposed hn the Notice for\nthis violation Accordingly, I assess Respondent a civil penalty of $2, 000 for vholatmg C F R\n$195 573(a)(1)\nAccordingly, having reviewed the record and considered the assessment criteria, I assess\nRespondent a total civil penalty of $6, 000 Respondent has the abihty to pay tlus penalty without\nadversely affecting its abihty to continue in business\nPayment of the civil penalty must be made whttun 20 days of service Payment may be made by\nsending a certified check or money order (contaming the CPF Number for tins case) payable to\n\"U S Department of Transportathohh\" to the Federal Aviation Administration, Mike Monroney\nAeronautical Center, Financial Operations Division (AMZ-300), P 0 Box 25082, Oldahoma\nCity, OK 73125\nFederal regulations (49 C F R $ 89 21(b)(3)) also permit this payment to be made by wire\ntransfer, through the Federal Reserve Commuhucations System (Fedwhre), to the account of the\nU S Treasury Detailed instructions are contiuned m the enclosure Questions concerhung wire\ntransfers should be directed to Financial Operations Division (AMZ-300), Federal Aviation\nAdmuustration, Mike Monroney Aeronautical Center, P 0 Box 25082, Oklahoma City, OK\n73125, (405) 954-8893\nFailure to pay the $6, 000 civil penalty will result in accrual of mterest at the current annual rate\ninaccordance with 31 US C Il 3717, 31 C FR Il 901 9and49 C FR $ 8923 Pursuantto\n\n\n\nthose same authonties, a late penalty charge of stx percent (6%) per annum will be charged if\npayment is not made within 110 days of service Furthermore, failure to pay the civil penalty\nmay result in referral of the matter trt the Attorney General for appropnate action m a Uruted\nStates Distnct Court\nUnder 49 C F R $ 190 215, Respondent has a nght to submit a Petition for Reconsideration of\nthis Final Order The petition must be received wtttun 20 days of Respondent's receipt of tins\nFinal Order and must contain a bnef statement of the issue(s) The fihng of the petthon\nautomatically stays the payment of any civd penalty assessed However if Respondent submits\npayment for the civil penalty, the Fmal Order becomes the final administrative decision and the\nnght to petition for reconsideration is waived The terms and conditions of this Fmal Order are\neffective on receipt\nJt)h 1 0\nDate Issued\nSt ce Ge d\nAss ate Administrator\nfor ipelme Safety","truncated":false,"body_characters":7298}