WESTERN REFINING SOUTHWEST, INC — Notice of Probable Violation

case documentOfficial PDFcpf_4_2004_5027.pdf#

420045027_Final Order_01052005.pdf, page 1Official PDF@ US.Deportment of Tronsportotion Reseorch ond SpeciolProgroms Adminislrofion 400 Seventh St S.W Washrngton. D C 20590 JAN - 5 2005 Mr. Luke Wethers Vice President, Transportation Giant Industries Crniza Pipe Line Company 23733 North Scottsdale Road Scottsdale, AZ 85255-3465 Re: CPF No. 4-2004-5027 Dear Mr. Wethers: Enclosed is the Final Order issued by the Associate Administrator for Pipeline Safety in the above-referenced case. It makes findings of violation and assesses a civil penalty. I acknowledge receipt of and accept your check numbered 102795 dated October 13, 2004, for $3,000 as payment in fuIl of the civil penalty assessed in the Final Order. This case is now closed. Your receipt of the Final Order constitutes service of that document under 49 C.F.R. $ 1e0.5. Sincerely, \, ra -)4n v, /l*',- \./ James Reynolds Pipeline Compliance RegistrY Office of Pipeline SafetY Enclosure Mr. Roy Armenta Pipeline Manager#

420045027_Final Order_01052005.pdf, page 2I t - I DEPARTMENT OF TRANSPORTATION RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION OFFICE OF PIPELINE SAFETY WASHINGTON. DC 20590 In the Matter of Giant Industries, Inc./ Ciniza Pipe Line Company, Respondent CPF No. 4-2004-5027 FINAL ORDER On Septemb er 17, 2004, in accordance with 49 C.F.R. S 190.207, the Director, Southwest Region, Office of Pipeline Safety (OPS), issued to Respondent a Notice of Probable Violation and Proposed Civil Penalty (Notice). The Notice proposed finding that Respondent had committed violations of 49 C.F.R. Part 195 and proposed assessing a civil penalty of $3,000 for the alleged violations. Respondent responded to the Notice by letter dated October 13,2004. Respondent did not contest the allegations of violation and provided information concerning the corrective actions it has taken. Respondent submitted a check in the amount of the proposed civil penalty ($3,000), waiving funher right to respond, and authorizing entry of this Final Order. Pursuant to g 190.209(a)(1) and 49 U.S.C. 5 60122,I find that Respondent violated the following sections of 49 C.F.R. Part 195, as more fully described in the Notice: 49 C.F.R. 5 195.573(e) - falling to correct several identified cathodic protection deficiencies during atwo-year period; and 49 C.F.R. g 195.42S(a), (d) - failing to inspect and test each overfill protection system. These findings of violation will be considered prior offenses in any subsequent enforcement action taken against Respondent. I assess Respondent a civil penalty of $3,000, akeady paid by Respondent. Fl z r'*y' ' y'' "/ i-/r tq ni ,'L= '!'**' it't{Jt%n. Stacey Gerard Associate Administrator for Pipeline Safety iAN - 5 2005 Date Issued#