# PALO ALTO, CITY OF — Notice of Probable Violation

- **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:** Not available
- **summary:** CLOSED notice of probable violation citing 191.11(a), 192.13(c), 192.749(a).
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- **markdown:** https://regulus.evalyn.ai/document/phmsa-enforcement-520030012.md
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- **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.

Official case documents:

520030012_final order_03042004.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520030012/520030012_final%20order_03042004.pdf

520030012_final order_03042004_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520030012/520030012_final%20order_03042004_text.pdf

520030012_final order_03042004_text.pdf

US Department
of I~portaten
Research onet
SpedO Payat
ioOSeverrln Sl SW
WaSheyipiOn D C 20590
Mr. Bill Gray
Manager, Water-Gas-Wastewater Operations
(:tty ot Palo Alto
Palo Alto, CA 94303
03-04-04 A08:05 RCVD
RE: CPF No. 5-2003-0012
Dear Mr. Gray:l
Enclosed is a Final Order issued by the Associate Administrator for Pipeline Safety m the
above-referenced case. It makes findings of violation of pipeline safety standards. Your receipt of
the Final Order constitutes service of that document under 49 C. F. R. $ 190. 5.
I acknowledge receipt of, and accept the wire transfer dated September 19, 2003, itt the
amount of $9, 000 as payment in full of the civil penalty. This case is now closed and no further
enforcement action is contemplated with the respect to the matters involved in this case. Thank you
for your cooperation in our joint effort to ensure pipeline safety.
Sincerely,
~
James Reynolds
Pipeline Compliance Registry
Office of Pipeline Safety



DEPARTMENT OF TRANSPORTATION
~
RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION
OFFICE OF PIPELINE SAFETY
WASHINGTON, DC 20590
In the Matter of
City of Palo Alto
Respondent.
CPF No. 5-2003-0012
On April 2-5, 2002, pursuant to 49 U. S. C. $ 60117, representatives of the California Public Utilities
Commission, as agent for the Office of Pipeline Safety (OPS) conducted an on-site pipeline safety
inspection of Respondent's facilities and records in Palo Alto, Caiiforma, As a result of the
inspection, the Director, Western Region, OPS, issued to Respondent, by letter dated July 23, 2003,
a Notice of Probable Violation and Proposed Civil Penalty (Notice). In accordance with 49 C. F. R.
) 190. 207, the Notice proposed finding that Respondent had violated 49 C. F. R. 8 l91 and 192 and
proposed assessing a civil penalty of S 9, 000 for the alleged violation.
Respondent responded by letter dated September 10, 2003, but did not contest the alleged violation
of 49 C. F. R. Part 191 and Part 192 in the Notice. Accordingly, I find that Respondent violated the
following section Part 191 and Part 192, as more fully described in the Notice:
49 C. F. R. $ 191. 11 - failure to submit annual reports for calendar years 2000 and 2001.
~
49 C. F. R. $ 192. 13 - failure to follow procedures in the Operation and Maintenance Manual
by failing to patrol pipclines at least four times each calendar year. Also, during 1999 and
2000, pipeline patrols were only conducted three times and in 2001, pipeline patrols werc
conducted twice.
49 C. F. R. $ 192. 749 - failure to produce vault maintcnancc records for the vault at Station
No. 4.
Under 49 U. S, C. g 60122, Respondent is subject to a civil penalty not to exceed $100, 000 per
violation for each day of the violation up to a maximum of $1, 000, 000 for any related series of
violations.



2I
49 U. S. C. $ 60122 and 49 C. F. R. $ 190. 225 require that, in determining the amount of the civil
penalty, I consider the following criteria: nature, circumstances, and gravity of the violation, degree
of Respondent's culpability, history of Respondent*s prior offenses, Respondent's ability to pay the
penalty, good faith by Respondent in attempting to achieve compliance, the effect on Respondent's
ability to continue in business, and such other matters as justice may require.
Accordingly, having reviewed the record and considered the assessment criteria, I assess a civil
penalty of $9, 000, already paid by Respondent. The terms and conditions of this Final Order are
effective upon receipt.
NR -a m4
Date Issued
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