RIO VISTA ENERGY PARTNERS, LP — Notice of Probable Violation

case documentOfficial PDFcpf420045022.pdf#

420045022_Final Order_03182005.pdf, page 1Official PDF@ U.S. Deporfment of Tronsportolion Plpelin€ qnd Hozoldous moleriols Sofety Administrqtion 400 Seventh Street, S.W. Washington, D.C. 20590 [4Ait i I ii]i,', Mr. Charles C. Handly Executive Vice President Penn Octane Corporation Two Memorial CityPlaza 820 Gessner, Suite 1285 Houston, Texas 77024 Re: CPF No. 4-2004-5022 Dear Mr. Handly: Enclosed is the Final Order issued by the Associate Administrator for Pipeline Safety in the above-referenced case. It makes a finding of violation and assesses a civil penalty. I acknowiedge receipt of and accept your wire hansfer for $5,000 as payment in full of the civil penalty assessed in the Final Order. The Finai Order also acknowledges your completion of the proposed compliance order items to comply with the pipeline safety regulations. This case is now closed. Your receipt of the Final Order constitutes service of that document under 49 C.F.R. 6 190.5. Sincerely, N /,r d-* Yb- James Reynolds Pipeline Compliance Registry Office of Pioeline Safety Enclosure Rod Seeley, Region Director Southwest Region, OPS CERTIFIED MAIL'_ RETT]RN RECEIPT FJOUESTED#

420045022_Final Order_03182005.pdf, page 2DEPARTMENT OF TRANSPORTATION PIPELINE AND HAZARDOUS'MATERIALS SAFETY ADMINISTRATION OFFICE OF PIPELINE SAFETY WASHINGTON. DC 20590 In the Matter of Penn Octane Corporation, Respondent CPF No. 4-2004-5022 FINAL ORDER On May 20,2004, in accordance with 49 C.F.R. $ 190.207, the Director, Southwest Region, Office of Pipeline Safety (OPS), issued Respondent a Notice of Probable Violation, Proposed Civil Penalty and Proposed Compliance Order (Notice). The Notice proposed frnding that Respondent had violated 49 C.F.R. $ 195.452(bX2) and proposed assessing a civil penalty of $S,OOO for the alleged violation. The Notice also proposed that Respondent take certain measures to correct the alleged violation. After requesting and receiving an extension of time to respond, Respondent submitted information on September 16, September 20, and November 16,2004, conceming the corrective actions it has taken. Respondent submitted a wire transfer in the amount of the proposed civil penalty (s5,000) on June 17,2004, waiving further nght to respond and authorizing the entry of this Final Order. pursuant to 49 C.F.R. g 190.213 and 49 U.S.C. $ 60122,I find that Respondent violated the following section of 49 C.F.R. Pafi 195, as more fully described in the Notice: 49 C.F.R. $ 195.452(b)(2) - failing to include in the written integrity management program an ldentihcation of each Category 2 pipeline or pipeline segment by November 18,2002. This finding of violation will be considered a prior offense in any subsequent enforcement actron taken agaiist Respondent. I assess Respondent a civil penalty of $5,000, already paid by Respondent. The Notice aiso proposed a compliance oider fbr the violation of 49 C.F-R-. $ 195'452(bx2)' Under 49 U.S.C. i OOt t Slu;, "u.h p".ron who engages in the transportaJi-on of hazardous liquids or who owns or operates a-pipeline facility is required to comply with the appticable safety standards established una.. ihapter 601. The Director, Southwest Region, OPS, has reviewed#

420045022_Final Order_03182005.pdf, page 3z the corrective action taken by Respondent and has indicated that the corrective action has achieved compliance with respect to this violation. Accordingly, since compliance has been achieved, it is not necessary to include the compliance terms in this order. The lerms antl conditions of this Final Order are effeclive on receipt. -, iiiAri I 8 ],ii;: Date Issued e Administrator for Pipeline Safety#