{"operation":"document","citation":"CPF 32021070NOPV","title":"SUMMIT MIDSTREAM PARTNERS, LLC — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2021-12-30","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.264(b)(1)(i), 195.404(c)(3), 195.436, 195.452(l)(1)(ii).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-32021070nopv.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-32021070nopv.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-32021070nopv","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/32021070NOPV","body":"Notice of Probable Violation involving SUMMIT MIDSTREAM PARTNERS, LLC. PHMSA's enforcement data identifies the cited regulations as 195.264(b)(1)(i),  195.404(c)(3),  195.436,  195.452(l)(1)(ii). The case was opened on 2021-12-30 and is reported as closed as of 2022-10-24. Proposed civil penalty: $108,400. Assessed civil penalty: $108,400. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n32021070NOPV_Closure Letter_10242022_(21-199716).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32021070NOPV/32021070NOPV_Closure%20Letter_10242022_(21-199716).pdf\n\n32021070NOPV_Closure Letter_10242022_(21-199716)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32021070NOPV/32021070NOPV_Closure%20Letter_10242022_(21-199716)_text.pdf\n\n32021070NOPV_Consent Agreement and Order_03182022_(21-199716).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32021070NOPV/32021070NOPV_Consent%20Agreement%20and%20Order_03182022_(21-199716).pdf\n\n32021070NOPV_Consent Agreement and Order_03182022_(21-199716)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32021070NOPV/32021070NOPV_Consent%20Agreement%20and%20Order_03182022_(21-199716)_text.pdf\n\n32021070NOPV_PCP PCO_12302021_(21-199716).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32021070NOPV/32021070NOPV_PCP%20PCO_12302021_(21-199716).pdf\n\n32021070NOPV_PCP PCO_12302021_(21-199716)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32021070NOPV/32021070NOPV_PCP%20PCO_12302021_(21-199716)_text.pdf\n\n32021070NOPV_Closure Letter_10242022_(21-199716)_text.pdf\n\nVIA ELECTRONIC MAIL TO: heath.deneke@summitmidstream.com;\nMStratmann@summitmidstream.com; sam@vnf.com; john.griffin@summitmidstream.com;\njames.johnston@summitmidstream.com;\nOctober 24, 2022\nMr. J. Heath Deneke\nPresident/CEO\nSummit Midstream Partners, LLC\n910 Louisiana Street, Suite 4200\nHouston, Texas 77002\nCPF 3-2021-070-NOPV\nDear Mr. Deneke:\nOn March 18, 2022, the Pipeline and Hazardous Materials Safety Administration (PHMSA)\nissued to Summit Midstream Partners, LLC (SMP) a Consent Order incorporating the terms of\nthe Consent Agreement in the above-referenced case. This Order included a Civil Penalty\nassessment and a requirement to comply with the terms of the Consent Agreement. Based on our\nreview of the documentation you provided and confirmation of payment of the civil penalty, it\nhas been determined that you have complied with the terms of this Order.\nAccordingly, this case is now closed, and no further action is contemplated with respect to the\nmatters involved in this case. Thank you for your cooperation in this matter.\nSincerely,\nGregory A. Ochs, Director, Central Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\ncc: Matthew Stratmann, MStratmann@summitmidstream.com\nSusan Olenchuk, Esq., Outside Counsel for SMP, sam@vnf.com\nJohn Griffin, Esq., In-House Counsel for SMP, john.griffin@summitmidstream.com\nJames Johnston, james.johnston@summitmidstream.com\n\n32021070NOPV_Consent Agreement and Order_03182022_(21-199716)_text.pdf\n\nMarch 18, 2022\nVIA ELECTRONIC MAIL TO: heath.deneke@summitmidstream.com\nMr. J. Heath Deneke\nPresident and CEO\nSummit Midstream Partners, LLC\n910 Louisiana Street, Suite 4200\nHouston, Texas 77002\nCPF No. 3-2021-070-NOPV\nDear Mr. Deneke:\nEnclosed please find a Consent Order incorporating the terms of the Consent Agreement\nbetween the Pipeline and Hazardous Materials Safety Administration (PHMSA) and Summit\nMidstream Partners, LLC (SMP), which was executed on March 15, 2022. Service of the\nConsent Order and Consent Agreement by electronic mail is deemed effective upon the date of\ntransmission and acknowledgement of receipt, or as otherwise provided under 49 C.F.R. § 190.5.\nSincerely,\nAlan K Mayberry\nAssociate Administrator\nfor Pipeline Safety\nEnclosures: Consent Agreement and Consent Order\nCc: Mr. Gregory Ochs, Director, Central Region, Office of Pipeline Safety, PHMSA\nMs. Susan Olenchuk, outside counsel for SMP, sam@vnf.com\nMr. John Griffin, in-house counsel for SMP, john.griffin@summitmidstream.com\nCONFIRMATION OF RECEIPT REQUESTED\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n____________________________________\nIn the Matter of )\nSummit Midstream Partners, LLC, ) CPF No. 3-2021-070-NOPV\n)\n)\n)\nRespondent. )\n____________________________________)\nCONSENT ORDER\nBy letter dated December 30, 2021, the Pipeline and Hazardous Materials Safety Administration,\nOffice of Pipeline Safety (PHMSA), issued a Notice of Probable Violation, Proposed Civil\nPenalty, and Proposed Compliance Order (Notice) to Summit Midstream Partners, LLC (SMP or\nRespondent).\nIn response to the Notice, SMP stated that it did not admit or deny the allegations as alleged in\nthe Notice, but, for purposes of resolving the case, SMP agreed to accept the findings of\nviolation, pay the proposed civil penalty in full, and to perform the corrective measures set forth\nin the proposed compliance order of the Notice.\nAccordingly, the Consent Agreement is hereby approved and incorporated by reference into this\nOrder. SMP is hereby ordered to comply with the terms of the Consent Agreement, effective\nimmediately.\nPursuant to 49 U.S.C. 60101, et seq., failure to comply with this Consent Order may result in the\nassessment of civil penalties as set forth in 49 C.F.R. § 190.223.\nThe terms and conditions of this Consent Order are effective upon service in accordance with 49\nC.F.R. § 190.5.\nMarch 18, 2022\n___________________________________ __________________________\nAlan K. Mayberry Date Issued\nAssociate Administrator\nfor Pipeline Safety\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\nIn the Matter of )\nSummit Midstream Partners, LLC, ) CPF No. 3-2021-070-NOPV\n)\n)\n)\nRespondent. )\n____________________________________)\nCONSENT AGREEMENT\nOn March 23, April 26 through 29, May 10 through 12, and June 8 through 10, 2021, a\nrepresentative of the Pipeline and Hazardous Materials Safety Administration (PHMSA), Office\nof Pipeline Safety (OPS), pursuant to Chapter 601 of 49 United States Code (U.S.C.) inspected\nthe records and field assets of Summit Midstream Partners, LLC (SMP), virtually and in Epping,\nNorth Dakota.\nAs a result of the inspection, the Director, Central Region, OPS (Director), issued to Respondent,\nby letter dated December 30, 2021, a Notice of Probable Violation, Proposed Civil Penalty and\nProposed Compliance Order (Notice). In accordance with 49 C.F.R. § 190.207, the Notice\nproposed finding that SMP had violated six provisions of 49 C.F.R. Part 195, proposed ordering\nRespondent to take certain measures to correct the alleged violations, and to pay a civil penalty\nin the amount of $108,400.\nOn February 18, 2022, SMP contacted the Director and counsel for Central Region to request\nthe opportunity to discuss the Notice informally prior to the deadline for filing a formal\nresponse. On February 22, 2022, SMP and PHMSA (the Parties) engaged in informal\ndiscussions regarding the Notice. During the call, SMP agreed that it would not contest the\nallegations of violation as set forth in the Notice, and would pay the proposed civil penalty in\nfull and comply with the corrective measures detailed in the proposed compliance order. SMP\nfurther stated that it was neither admitting nor denying the allegations of violation in the\nNotice, but would accept the findings of violation and associated penalties and compliance\nactions to avoid further proceedings in this matter.\nHaving agreed that settlement of this enforcement action will avoid further administrative\nproceedings or litigation and will serve the public interest by promoting safety and protection\nof the environment, pursuant to 49 C.F.R. Part 190, and upon consent and agreement of SMP\nand PHMSA, the Parties hereby agree as follows:\n3\n\n\n\nI. General Provisions\n1. SMP acknowledges that as the operator of the pipeline facilities subject to the\nNotice, Respondent and its referenced hazardous liquid pipeline facilities are subject to the\njurisdiction of the Federal pipeline safety laws, 49 U.S.C. § 60101, et seq., and the regulations\nand administrative orders issued thereunder. For purposes of this Agreement, Respondent\nacknowledges that it received proper notice of PHMSA's action in this proceeding and that the\nNotice states claims upon which relief may be granted pursuant to 49 U.S.C. § 60101, et seq.,\nand the regulations and orders issued thereunder.\n2. After SMP returns this signed Agreement to PHMSA, the Agency’s representative\nwill present it to the Associate Administrator for Pipeline Safety, recommending that the\nAssociate Administrator adopt the terms of this Agreement by issuing an administrative order\n(Consent Order) incorporating the terms of this Agreement. The terms of this Agreement\nconstitute an offer of settlement until accepted by the Associate Administrator. Once accepted,\nthe Associate Administrator will issue a Consent Order incorporating the terms of this Agreement\n3. SMP consents to the issuance of the Consent Order, and hereby waives any\nfurther procedural requirements with respect to its issuance. SMP waives all rights to contest\nthe adequacy of notice, or the validity of the Consent Order or this Agreement, including all\nrights to administrative or judicial hearings or appeals, except as set forth herein.\n4. This Agreement shall apply to and be binding upon PHMSA and SMP, its officers,\ndirectors, and employees, and its successors, assigns, or other entities or persons otherwise bound\nby law. SMP agrees to provide a copy of this Agreement and any incorporated work plans and\nschedules to all of SMP’s officers, employees, and agents whose duties might reasonably include\ncompliance with this Agreement.\n5. This Agreement constitutes the final, complete and exclusive agreement and\nunderstanding between the Parties with respect to the settlement embodied in this Agreement.\nThe Parties acknowledge that there are no representations, agreements or understandings\nrelating to settlement other than those expressly contained in this Agreement, except that the\nterms of this Agreement may be construed by reference to the Notice.\n6. Nothing in this Agreement affects or relieves SMP of its responsibility to comply\nwith all applicable requirements of the Federal pipeline safety laws, 49 U.S.C. § 60101, et seq.,\nand the regulations and orders issued thereunder. Nothing in this Agreement alters PHMSA's\nright of access, entry, inspection, and information gathering or PHMSA's authority to bring\nenforcement actions against SMP pursuant to the Federal pipeline safety laws, the regulations\nand orders issued thereunder, or any other provision of Federal or State law.\n7. For all transfers of ownership or operating responsibility of SMP’s pipeline system\nreferenced herein, SMP will provide a copy of this Agreement to the prospective transferee at least\n30 days prior to such transfer. SMP will provide written notice of the transfer to the PHMSA\nCentral Regional Director no later than 60 days after the transfer occurs.\n4\n\n\n\n8. This Agreement does not waive or modify any Federal, State, or local laws or\nregulations that are applicable to SMP’s pipeline systems. This Agreement is not a permit, or a\nmodification of any permit, under any Federal, State, or local laws or regulations. SMP remains\nresponsible for achieving and maintaining compliance with all applicable Federal, State, and\nlocal laws, regulations and permits.\n9. This Agreement does not create rights in, or grant any cause of action to, any\nthird party not party to this Agreement. The U.S. Department of Transportation is not liable for\nany injuries or damages to persons or property arising from acts or omissions of SMP or its\nofficers, employees, or agents carrying out the work required by this Agreement. SMP agrees to\nhold harmless the U.S. Department of Transportation, its officers, employees, agents, and\nrepresentatives from any and all causes of action arising from any acts or omissions of\nRespondent or its contractors in carrying out any work required by this Agreement.\n10. Agreement.\nSMP neither admits nor denies any allegation or conclusion in the Notice or this\nAgreement, but agrees for purposes of this Agreement to comply with the terms of this\n11. II. Findings of Violation:\n12. Items 1-6 of the Notice – 49 C.F.R. §§ 195.264(b)(1)(i) (Item 1); 195.404(c)(3)\n(Items 2 and 3); 195.436 (Item 4); and 195.452(l)(1)(ii) (Items 5 and 6).\nSMP does not contest the findings of violation for Items 1 through 6 of the Notice. The\nParties acknowledge that PHMSA may choose to consider these Items as prior offenses in future\nPHMSA enforcement action taken against SMP.\nIII. Civil Penalty:\n13. Upon issuance of the Consent Order, the Parties agree to the following terms.\nItem 2 - $24,500; Item 3 - $34,600; Item 5 - $24,100; and Item 6 -\n$25,200.\nSMP shall pay a combined civil penalty in the amount of $108,400.\nIV. Compliance Order:\n14. Agreement:\nItems 1 and 4 of the Notice - Compliance Actions: SMP shall perform the\nfollowing compliance actions, to be completed within 180 days from the Effective Date of this\n(a) In regard to Item 1 of the Notice pertaining to slope around Stampede tank,\nSMP must re-slope to a 1% grade away from tank to 50 feet away or to berm\nwhichever is closer.\n(b) In regard to Item 4 of the Notice pertaining to security around Stampede tank,\nSMP must secure the facility.\n5\n\n\n\nV. Enforcement\n15. This Agreement is subject to all enforcement authorities available to PHMSA under\n49 U.S.C. § 60101, et seq., and 49 C.F.R. Part 190, including administrative civil penalties under\n49 U.S.C. § 60122, of up to $222,504 per violation for each day the violation continues and referral\nof the case to the Attorney General for judicial enforcement, if PHMSA determines that\nRespondent is not complying with the terms of this Agreement in accordance with determinations\nmade by the Director, or if appealed, in accordance with decisions of the Associate Administrator.\nThe maximum civil penalty amounts are adjusted annually for inflation. See, e.g., Pipeline Safety:\nInflation Adjustment of Maximum Civil Penalties, 82 Fed. Reg. 19325 (April 27, 2017).\nVI. Dispute Resolution\n16. The Director and SMP will informally attempt to resolve any disputes arising under\nthis Agreement, including but not limited to any decision of the Director. If SMP and the Director\nare unable to informally resolve the dispute within 15 calendar days after the dispute is first raised,\nin writing, to the Director, SMP may submit a written request for a determination resolving the\ndispute from the Associate Administrator for Pipeline Safety, PHMSA. Such request must be\nmade in writing and provided to the Director, counsel for the Central Region, and to the Associate\nAdministrator for Pipeline Safety, no later than 10 calendar days from the 15 day deadline for\ninformal resolution referenced in this paragraph. Along with its request, SMP must provide the\nAssociate Administrator with all information SMP believes is relevant to the dispute. Decisions of\nthe Associate Administrator under this paragraph will constitute final agency action. The existence\nof a dispute and PHMSA’s consideration of matters placed in dispute will not excuse, toll, or\nsuspend any term or timeframe for completion of any work to be performed under this\nAgreement during the pendency of the dispute resolution process, except as agreed by the\nDirector or the Associate Administrator in writing, or ordered by a court of competent\njurisdiction.\nVII. Effective Date\n17. The term “Effective Date,” as used herein, is the date on which the Consent Order\nis issued by the Associate Administrator, PHMSA, incorporating the terms of this Agreement.\nVIII. Modification\n18. The terms of this Agreement may be modified by mutual agreement of the Parties.\nSuch modifications must be in writing and signed by both parties.\nIX. Ratification\n19. The Parties’ undersigned representatives certify that they are fully authorized to\nenter into the terms and conditions of this Agreement and to execute and legally bind such party\nto this document.\n20. The Parties hereby agree to all conditions and terms of this Agreement.\n6\n\n\n\nFor Summit Midstream Partners, LLC:\nDate\nFor PHMSA:\nGregory Ochs, Director, Central Region, OPS\nDate\n7","truncated":false,"body_characters":16517}