{"operation":"document","citation":"CPF 420047001","title":"ENTERPRISE PRODUCTS OPERATING LLC — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2004-01-21","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.420(b).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-420047001.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-420047001.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-420047001","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/420047001","body":"Notice of Probable Violation involving ENTERPRISE PRODUCTS OPERATING LLC. PHMSA's enforcement data identifies the cited regulation as 195.420(b). The case was opened on 2004-01-21 and is reported as closed as of 2004-08-24. 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\n420047001_Final Order _08242004.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420047001/420047001_Final%20Order%20_08242004.pdf\n\n420047001_Final Order _08242004.pdf\n\n^-.\nI-\no\nU.S Deoortrnent\nof Tronsportotion\nRereorchond\nSpeciol Progroms\nAdminislrofion\n400 Seventh St , S W\nwashrnglon. DC 20590\nAUG 2 4 2CA4\nMr. RandyWest\nVice President of Operations\nEl Paso Field Services\n4 Greenway Plaza\nHouston, TX 77046\nRE: CPFNo. 4-2004-7001\nDear Mr. West:\nEnclosed is a Final Order issued by the Associate Administrator for pipeline Safety in the\nabove-referenced case. It makes a finding of violation of pipeline safety standards. your receipt of\nthe Final order constitutes service of that document undir 49 c.F.R. $ r90.5.\nI acknowledge receipt of, and accept the wire transfer dated February I 9, 2004, in the amount\nof $5,000 as payment in full ofthe civil penalty. This case is now closed and no fi.yther enforcement\naction is contemplated with the respect to the matters involved in this case. Thank you for your\ncooperation in ourjoint effort to ensure pipeline safety.\nSincerely,\nt\\ Ir't\nA*' Y |\\=-\nJames Reynolds\nPipeline Compliance Registry\nOffice of Pipeline Safety\nEnclosure\ncc; Mr. James R. McDonald\nEl Paso Field Services\nDOT Compliance\noCERTIFIED MAIL - RETURN RECEIPT REOUESTED\n\n\n\nDEPARTMENT OF TRANSPORTATION\nRESEARCH AND SPECIAL PROGRAMS ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, DC 20590\nIn the Matter of\n)\nEl Paso Field Services\nCPF No. 4-2004-7001\nRespondent.\nFINAL ORDER\nOn October 20-24, 2003, pursuant to 49 U.S.C. § 60117, representatives of the Office of Pipeline\nSafety (OPS) conducted an on-site pipeline safety inspection of Respondent's facilities and records\nin Houma, Louisiana (Poseidon pipeline system). As a result of the inspection, the Director,\nSouthwest Region, OPS, issued to Respondent, by letter dated January 21, 2004, a Notice of\nProbable Violation and Proposed Civil Penalty (Notice). In accordance with 49 C.F.R. § 190.207,\nthe Notice proposed finding that Respondent had violated 49 C.F.R. § 195 and proposed assessing\na civil penalty of $5,000 for the alleged violation.\nFINDING OF VIOLATION\nRespondent responded by letter dated February 17, 2004, but did not contest the alleged violation\nof 49 C.F.R. Part 195 in the Notice. Accordingly, I find that Respondent violated the following\nsection Part 195, as more fully described in the Notice:\n49 C.F.R. § 195.420(b) - failure to inspect mainline valves PH1, PH2, PH3, PH4 and PHS\non the Poseidon pipeline system at least twice a year. The operator exceeded the required\ninspection interval by approximately 45 days.\nThis finding of violation will be considered a prior offense in any subsequent enforcement action\ntaken against Respondent.\nASSESSMENT OF PENALTY\nUnder 49 U.S.C. § 60122, Respondent is subject to a civil penalty not to exceed $100,000 per\nviolation for each day of the violation up to a maximum of $1,000,000 for any related series of\nviolations.\n\n\n\nq .\nI\n-\nl-\n|t\n2\n49 U'S.C. $ 60122 arld 49 C.F.R. $ 190.225 require that, in determining the amount of the civil\npenalty, I consider the following criteria: nature, circumstances, and gravity ofthe violation, degree\nof Respondent's culpability, history of Respondent's prior offenses, Respondent's ability to pay the\npenalty, good faith by Respondent in attempting to achieve compliance, the effect on Respondent's\nability to continue in business, and such other matters as justice may require.\nAccordingly, having reviewed the record and considered the assessment criteria, I assess a civil\npenalty of $5,000, already paid by Respondent. The terms and conditions of this Final Order are\neffective upon receipt.\nAUG 2 4 2CC4\nDate Issued\nAssociate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":4156}