{"operation":"document","citation":"CPF 320085015","title":"NOVA CHEMICALS CORPORATION — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2008-12-22","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.509(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-320085015.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-320085015.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-320085015","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/320085015","body":"Notice of Probable Violation involving NOVA CHEMICALS CORPORATION. PHMSA's enforcement data identifies the cited regulation as 195.509(a). The case was opened on 2008-12-22 and is reported as closed as of 2010-08-04. 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\n320085015_Final Order_08042010.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320085015/320085015_Final%20Order_08042010.pdf\n\n320085015_Final Order_08042010_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320085015/320085015_Final%20Order_08042010_text.pdf\n\n320085015_NOPV PCP_12222008.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320085015/320085015_NOPV%20PCP_12222008.pdf\n\n320085015_nopv pcp_12222008_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320085015/320085015_nopv%20pcp_12222008_text.pdf\n\n320085015_Operator Response_01192009.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320085015/320085015_Operator%20Response_01192009.pdf\n\n320085015_Final Order_08042010_text.pdf\n\nAUG 04 2010\nMr. Bill Greene\nSenior Vice President, Operations\nNOVA Chemicals, Inc.\n1555 Coraopolis Heights Road\nMoon Township, PA 15108\nRe: CPF No. 3-2008-5015\nDear Mr. Greene:\nEnclosed please find the Final Order issued in the above-referenced case. It makes a finding of\nviolation and assesses a civil penalty of $5,000. This is to acknowledge receipt of payment of\nthe full penalty amount, by wire transfer, dated January 15, 2009. This enforcement action is\nnow closed. Service of the Final Order by certified mail is deemed effective upon the date of\nmailing, or as otherwise provided under 49 C.F.R. § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nJeffrey D. Wiese\nAssociate Administrator\nfor Pipeline Safety\nEnclosure\ncc: Mr. David Barrett, Director, Central Region, PHMSA\nCERTIFIED MAIL – RETURN RECEIPT REQUESTED [7005 1160 0001 0039 0621]\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n____________________________________\n)\nIn the Matter of )\n)\nNOVA Chemicals, Inc., ) CPF No. 3-2008-5015\n)\nRespondent. )\n____________________________________)\nFINAL ORDER\nOn April 29-30, 2008, pursuant to 49 U.S.C. § 60117, a representative of the Pipeline and\nHazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS),\nconducted an on-site pipeline safety inspection of the facilities and records of NOVA Chemicals,\nInc. (NOVA or Respondent), in Marysville, Michigan. NOVA, a subsidiary of NOVA\nChemicals (Canada) Ltd., is a large chemicals and plastics manufacturer and operates three\nparallel 3.6-mile pipelines that carry highly volatile refined liquids from Marysville, Michigan,\nto the NOVA petrochemical complex in Corunna, Ontario.\nAs a result of the inspection, the Director, Central Region, OPS (Director), issued to Respondent,\nby letter dated December 22, 2008, a Notice of Probable Violation and Proposed Civil Penalty\n(Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed finding that NOVA had\nviolated 49 C.F.R. § 195.509(a) and proposed assessing a civil penalty of $5,000 for the alleged\nviolation.\nNOVA responded to the Notice by letter dated January 19, 2009 (Response). The company did\nnot contest the allegation of violation and paid the proposed civil penalty of $5,000, as provided\nin 49 C.F.R. § 190.227. Payment of the penalty serves to close the case with prejudice to\nRespondent.\nFINDING OF VIOLATION\nIn its Response, NOVA did not contest the allegation in the Notice that it violated 49 C.F.R. Part\n195, as follows:\nItem 1: The Notice alleged that Respondent violated 49 C.F.R. § 195.509(a), which state in\nrelevant part:\n\n\n\n2\n§ 195.509 General.\n(a) Operators must have a written qualification program by April 27,\n2001. . . .\nThe Notice alleged that Respondent violated 49 C.F.R. § 195.509(a) by failing to have a written\noperator qualification program by April 27, 2001. Although NOVA has been operating the\npipeline facility at Marysville, Michigan, since 1987, it did not have a written qualification\nprogram until November 2006.\nRespondent did not contest this allegation of violation. Accordingly, based upon a review of all\nof the evidence, I find that Respondent violated 49 C.F.R. § 195.509(a) by failing to have a\nwritten qualification program by April 27, 2001.\nHaving reviewed the record and considered the assessment criteria, I assess Respondent a civil\npenalty of $5,000, which amount has already been paid by Respondent.\nThe terms and conditions of this Final Order are effective upon service in accordance with 49\nC.F.R. § 190.5.\n___________________________________ __________________________\nJeffrey D. Wiese Date Issued\nAssociate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":4888}