{"operation":"document","citation":"CPF 520030012","title":"PALO ALTO, CITY OF — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2003-07-23","effective_on":null,"summary":"CLOSED notice of probable violation citing 191.11(a), 192.13(c), 192.749(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520030012.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520030012.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520030012","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520030012","body":"Notice of Probable Violation involving PALO ALTO, CITY OF. PHMSA's enforcement data identifies the cited regulations as 191.11(a),  192.13(c),  192.749(a). The case was opened on 2003-07-23 and is reported as closed as of 2004-03-04. Proposed civil penalty: $9,000. Assessed civil penalty: $9,000. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520030012_final order_03042004.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520030012/520030012_final%20order_03042004.pdf\n\n520030012_final order_03042004_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520030012/520030012_final%20order_03042004_text.pdf\n\n520030012_final order_03042004_text.pdf\n\nUS Department\nof I~portaten\nResearch onet\nSpedO Payat\nioOSeverrln Sl SW\nWaSheyipiOn D C 20590\nMr. Bill Gray\nManager, Water-Gas-Wastewater Operations\n(:tty ot Palo Alto\nPalo Alto, CA 94303\n03-04-04 A08:05 RCVD\nRE: CPF No. 5-2003-0012\nDear Mr. Gray:l\nEnclosed is a Final Order issued by the Associate Administrator for Pipeline Safety m the\nabove-referenced case. It makes findings of violation of pipeline safety standards. Your receipt of\nthe Final Order constitutes service of that document under 49 C. F. R. $ 190. 5.\nI acknowledge receipt of, and accept the wire transfer dated September 19, 2003, itt the\namount of $9, 000 as payment in full of the civil penalty. This case is now closed and no further\nenforcement action is contemplated with the respect to the matters involved in this case. Thank you\nfor your cooperation in our joint effort to ensure pipeline safety.\nSincerely,\n~\nJames Reynolds\nPipeline Compliance Registry\nOffice of Pipeline Safety\n\n\n\nDEPARTMENT OF TRANSPORTATION\n~\nRESEARCH AND SPECIAL PROGRAMS ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, DC 20590\nIn the Matter of\nCity of Palo Alto\nRespondent.\nCPF No. 5-2003-0012\nOn April 2-5, 2002, pursuant to 49 U. S. C. $ 60117, representatives of the California Public Utilities\nCommission, as agent for the Office of Pipeline Safety (OPS) conducted an on-site pipeline safety\ninspection of Respondent's facilities and records in Palo Alto, Caiiforma, As a result of the\ninspection, the Director, Western Region, OPS, issued to Respondent, by letter dated July 23, 2003,\na Notice of Probable Violation and Proposed Civil Penalty (Notice). In accordance with 49 C. F. R.\n) 190. 207, the Notice proposed finding that Respondent had violated 49 C. F. R. 8 l91 and 192 and\nproposed assessing a civil penalty of S 9, 000 for the alleged violation.\nRespondent responded by letter dated September 10, 2003, but did not contest the alleged violation\nof 49 C. F. R. Part 191 and Part 192 in the Notice. Accordingly, I find that Respondent violated the\nfollowing section Part 191 and Part 192, as more fully described in the Notice:\n49 C. F. R. $ 191. 11 - failure to submit annual reports for calendar years 2000 and 2001.\n~\n49 C. F. R. $ 192. 13 - failure to follow procedures in the Operation and Maintenance Manual\nby failing to patrol pipclines at least four times each calendar year. Also, during 1999 and\n2000, pipeline patrols were only conducted three times and in 2001, pipeline patrols werc\nconducted twice.\n49 C. F. R. $ 192. 749 - failure to produce vault maintcnancc records for the vault at Station\nNo. 4.\nUnder 49 U. S, C. g 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\n2I\n49 U. S. C. $ 60122 and 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 of the 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 $9, 000, already paid by Respondent. The terms and conditions of this Final Order are\neffective upon receipt.\nNR -a m4\nDate Issued","truncated":false,"body_characters":4251}