# CHEVRON PIPE LINE CO — Notice of Probable Violation

- **operation:** document
- **citation:** CPF 420115003
- **title:** CHEVRON PIPE LINE CO — Notice of Probable Violation
- **source type:** enforcement
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** historical
- **official:** true
- **published on:** 2011-01-28
- **effective on:** Not available
- **summary:** CLOSED notice of probable violation citing 195.442(a), 195.52(a)(4).
- **machine formats:** - **json:** https://regulus.evalyn.ai/document/phmsa-enforcement-420115003.json
- **markdown:** https://regulus.evalyn.ai/document/phmsa-enforcement-420115003.md
- **app url:** https://regulus.evalyn.ai/document/phmsa-enforcement-420115003
- **source url:** https://primis.phmsa.dot.gov/enforcement-data/case/420115003
**body:**

Notice of Probable Violation involving CHEVRON PIPE LINE CO. PHMSA's enforcement data identifies the cited regulations as 195.442(a),  195.52(a)(4). The case was opened on 2011-01-28 and is reported as closed as of 2011-04-26. Proposed civil penalty: $203,700. Assessed civil penalty: $203,700. Open the official case record for notices, responses, orders, and the latest status.

Official case documents:

420115003_Final Order_04262011.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420115003/420115003_Final%20Order_04262011.pdf

420115003_Final Order_04262011_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420115003/420115003_Final%20Order_04262011_text.pdf

420115003_NOPV PCP_01282011.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420115003/420115003_NOPV%20PCP_01282011.pdf

420115003_NOPV PCP_01282011_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420115003/420115003_NOPV%20PCP_01282011_text.pdf

420115003_Operator Response Notice_02282011.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420115003/420115003_Operator%20Response%20Notice_02282011.pdf

420115003_Final Order_04262011_text.pdf

APR 26 2011
Ms. Rebecca B. Roberts
President
Chevron Pipe Line Company
4800 Fournace Place
Bellaire, TX 77401
Re: CPF No. 4-2011-5003
Dear Ms. Roberts:
Enclosed please find the Final Order issued in the above-referenced case. It makes findings of
violation and assesses a civil penalty of $203,700. This is to acknowledge receipt of payment of
the full penalty amount, by wire transfer, dated February 28, 2011. Therefore, this enforcement
action is now closed. Service of the Final Order by certified mail is deemed effective upon the
date of mailing, or as otherwise provided under 49 C.F.R. § 190.5.
Thank you for your cooperation in this matter.
Sincerely,
Jeffrey D. Wiese
Associate Administrator
for Pipeline Safety
Enclosure
cc: Mr. R.M. Seeley, Director, Southwest Region, PHMSA
Mr. Edward LaCour, Vice President, Chevron Pipe Line Company
CERTIFIED MAIL - RETURN RECEIPT REQUESTED [7005 1160 0001 0077 5237]



U.S. DEPARTMENT OF TRANSPORTATION
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION
OFFICE OF PIPELINE SAFETY
WASHINGTON, D.C. 20590
____________________________________
)
In the Matter of )
)
Chevron Pipe Line Company, ) CPF No. 4-2011-5003
)
Respondent. )
____________________________________)
FINAL ORDER
Pursuant to 49 U.S.C. § 60117, a representative of the Pipeline and Hazardous Materials Safety
Administration (PHMSA), Office of Pipeline Safety (OPS), conducted an investigation of an
accident involving the pipeline system operated by Chevron Pipe Line Company (CPLC or
Respondent) that occurred near Venice, Louisiana. CPLC operates approximately 5,200 miles of
crude oil terminals, refined product terminals, and natural gas pipelines in North America.1
The investigation arose out of a release of 400 barrels of crude oil into a canal of the Mississippi
Delta located near Venice, Louisiana. On April 5, 2010, a third-party contractor struck CPLC’s
Cypress 10-inch line, resulting in a release of crude oil.
As a result of the investigation, the Director, Southwest Region, OPS (Director), issued to
Respondent, by letter dated January 28, 2011, a Notice of Probable Violation and Proposed Civil
Penalty (Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed finding that
CPLC violated 49 C.F.R. §§ 195.52 and 195.442 and proposed assessing a civil penalty of
$203,700 for the alleged violations.
CPLC responded to the Notice by letter dated March 2, 2011 (Response). The company did not
contest the allegations of violation and paid the proposed civil penalty of $203,700, as provided
in 49 C.F.R. § 190.227. Payment of the penalty serves to close the case with prejudice to
Respondent.
FINDINGS OF VIOLATION
In its Response, CPLC did not contest the allegations in the Notice that it violated 49 C.F.R. Part
195, as follows:
1 http://www.chevron.com/about/ourbusiness/refiningmarketingtransportation/pipelines/. Accessed on April 22,
2011.



2
Item 1: The Notice alleged that Respondent violated 49 C.F.R. § 195.52(a)(4), which states:
§ 195.52 Telephonic notice of certain accidents.
(a) At the earliest practicable moment following discovery of a release
of the hazardous liquid or carbon dioxide transported resulting in an event
described in § 195.50, the operator of the system shall give notice, in
accordance with paragraph (b) of this section, of any failure that:
(1) . . .
(4) Resulted in pollution of any stream, river, lake, reservoir, or other
similar body of water that violated applicable water quality standards,
caused a discoloration of the surface of the water or adjoining shoreline, or
deposited a sludge or emulsion beneath the surface of the water or upon
adjoining shorelines; . . . .
The Notice alleged that Respondent violated 49 C.F.R. § 195.52(a)(4) by failing to give notice at
the earliest practicable moment to the National Response Center (NRC) following discovery of a
crude oil spill resulting in pollution of a waterway. Specifically, the Notice alleged that CPLC
failed to report the spill to the NRC until 11:30 am on April 6, 2010 (Report Number 936259),
despite the fact that Respondent’s SCADA system recorded a flow rate of 0 at approximately
1:29 am on April 6, 2010. Ultimately, NRC received two third-party reports (Report Numbers
936217 and 936219) prior to CPLC’s 11:30 am report, which was recorded approximately 11.5
hours after the accident.
Respondent did not contest this allegation of violation.
Accordingly, based upon a review of all of the evidence, I find that Respondent violated 49
C.F.R. § 195.52 by failing to give notice of the release to the NRC at the earliest practicable time
upon its discovery of a release that resulted in pollution of a waterway.
Item 2: The Notice alleged that Respondent violated 49 C.F.R. § 195.442(a), which states:
§ 195.442 Damage prevention program.
(a) Except as provided in paragraph (d) of this section, each operator
of a buried pipeline must carry out, in accordance with this section, a
written program to prevent damage to that pipeline from excavation
activities. For the purpose of this section, the term “excavation activities”
includes excavation, blasting, boring, tunneling, backfilling, the removal
of above-ground structures by either explosive or mechanical means, and
other earthmoving operations.
The Notice alleged that Respondent violated 49 C.F.R. § 195.442(a) by failing to carry out a
written program to prevent damage to its pipeline from excavation activities. Specifically, the
Notice alleged that CPLC failed to follow Section 5: Damage Prevention of its Core Liquid
Pipeline Operating and Maintenance Manual. CPLC personnel failed to examine, locate, and
mark company pipelines in the vicinity of a planned excavation that was properly submitted to
the NTMS “One Call” system by Berry Brothers General Contracting on March 30, 2010 (Ticket



3
#100132290). PHMSA’s investigation determined that CPLC’s Empire/Venice team, under
whose auspices the Cypress pipeline falls, did not log onto NTMS to retrieve any “one call
tickets” between March 30, 2010, and April 5, 2010. As a result, the pipeline was not properly
located and marked according to the Respondent’s damage prevention procedures and was
subsequently struck by a third- party contractor on April 5, 2010.
Respondent did not contest this allegation of violation.
Accordingly, based upon a review of all of the evidence, I find that Respondent violated 49
C.F.R. § 195.442(a) by failing to carry out a written program to prevent damage to its pipeline
from excavation activities.
In summary, having reviewed the record and considered the assessment criteria, I assess
Respondent a total civil penalty of $203,700, which has already been paid by Respondent.
The terms and conditions of this Final Order are effective upon service in accordance with 49
C.F.R. § 190.5.
___________________________________ __________________________
Jeffrey D. Wiese Date Issued
Associate Administrator
for Pipeline Safety
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