{"operation":"document","citation":"CPF 520077001","title":"DCOR, LLC — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2007-02-13","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.452(f)(1).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520077001.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520077001.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520077001","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520077001","body":"Notice of Probable Violation involving DCOR, LLC. PHMSA's enforcement data identifies the cited regulation as 195.452(f)(1). The case was opened on 2007-02-13 and is reported as closed as of 2009-06-17. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520077001_Amended FinalOrder_7062009.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520077001/520077001_Amended%20FinalOrder_7062009.pdf\n\n520077001_Amended FinalOrder_7062009_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520077001/520077001_Amended%20FinalOrder_7062009_text.pdf\n\n520077001_FinalOrder_6172009.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520077001/520077001_FinalOrder_6172009.pdf\n\n520077001_FinalOrder_6172009_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520077001/520077001_FinalOrder_6172009_text.pdf\n\n520077001_Operator Response to notice letter_04022007.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520077001/520077001_Operator%20Response%20to%20notice%20letter_04022007.pdf\n\nDCOR 5-2007-7001 NOPV-PCO 2-13-07.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520077001/DCOR%205-2007-7001%20NOPV-PCO%202-13-07.pdf\n\ndcor 5-2007-7001 nopv-pco 2-13-07_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520077001/dcor%205-2007-7001%20nopv-pco%202-13-07_text.pdf\n\n520077001_Amended FinalOrder_7062009_text.pdf\n\nJUL 6, 2009\nMr. Michael J. Finch\nVice President of Environmental Safety\nand Regulatory Compliance\nDCOR LLC\n290 Maple Court, Suite 290\nVentura, CA 93003-9144\nRe: CPF No. 5-2007-7001\nDear Mr. Finch:\nEnclosed is an amended version of the Final Order in the above-referenced case. It corrects a\nclerical error mad in the text of 49 C.F.R. § 195.452(f)(1), but does not modify the original\nFinal Order in any other respect. Specifically, it still makes findings of violation and finds\nthat you have completed the actions specified in the Notice required to comply with the\npipeline safety regulations. This case is now closed. Your receipt of the Final Order\nconstitutes service of that document under 49 C.F.R. § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nJeffrey D. Wiese\nAssociate Administrator\nfor Pipeline Safety\nEnclosure\ncc: Mr. Chris Hoidal, Director, Western Region, OPS\nCERTIFIED MAIL-RETURN RRECEIPT REQUIRED\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n______________________________\n)\nIn the Matter of )\n)\nDCOR LLC, ) CPF No. 5-2007-7001\n)\nRespondent. )\n______________________________)\nFINAL ORDER\nFrom May 22 to 24, 2006, pursuant to 49 U.S.C. § 60117, representatives of the Pipeline and\nHazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS), and the\nCalifornia State Fire Marshal inspected the Integrity Management Program (IMP) of DCOR LLC\n(DCOR or Respondent), the operator of a hazardous liquid pipeline whose headquarters are in\nVentura, California.\nAs a result of that inspection, the Director, Western Region, OPS (Director), issued to DCOR, by\nletter dated February 13, 2007, a Notice of Probable Violation and Proposed Compliance Order\n(Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed finding that DCOR had\nviolated 49 C.F.R. § 195.452(f)(1) and proposed ordering Respondent to take certain measures to\ncorrect the alleged violation.\nDCOR responded to the Notice by letter dated April 2, 2007 (Response). Respondent did not\ncontest the allegations of violation, but it did provide information concerning the corrective\nactions it had taken.\nDCOR has not requested a hearing, thereby waiving that right and authorizing the entry of this\nFinal Order.\nFINDINGS OF VIOLATION\nItem 1: The Notice alleged that DCOR violated 49 C.F.R. § 195.452(f)(1), which states:\n§ 195.452 Pipeline integrity management in high consequence areas\n\n\n\n2\n(a) ….\n(f) What are the elements of an integrity management program? An integrity\nmanagement program begins with the initial framework. An operator must continually\nchange the program to reflect operating experience, conclusions drawn from results of the\nintegrity assessments, and other maintenance and surveillance data, and evaluation of\nconsequences of a failure on the high consequence area. An operator must include, at\nminimum, each of the following elements in its written integrity management program:\n(1) A process for identifying which pipeline segments could affect a high\nconsequence area . . .\nIn particular, the Notice alleged that DCOR owned and operated the Fort Apache Pump Station\n(FAPS), a pipeline facility located in a High Consequence Area (HCA) in Huntingdon Beach,\nCalifornia. The Notice further alleged that DCOR failed to include the FAPS in its IMP.\nRespondent does not dispute these allegations. Accordingly, I find that DCOR violated 49\nC.F.R. § 195.452(f)(1) as alleged in Item 1 of the Notice, that is, by failing to include the FAPS,\na pipeline facility that could affect an HCA in the event of failure, in its IMP.\nThis finding of violation will be considered a prior offense in any subsequent enforcement action\ntaken against Respondent.\nCOMPLIANCE ORDER\nThe Notice proposed a Compliance Order with respect to Item 1 in the Notice for violation of 49\nC.F.R. § 195.452(f)(1). Under 49 U.S.C. § 60118(a), each person who engages in the\ntransportation of gas, hazardous liquids, or who owns or operates a pipeline facility is required to\ncomply with the applicable safety standards established under Chapter 601. The Director,\nWestern Region, PHMSA has indicated that Respondent has taken the action specified in the\nproposed Compliance Order; namely, that on April 4, 2007, DCOR submitted documents\nshowing that the FAPS is now included in its IMP. Accordingly, since compliance has been\nachieved with respect to this violation, the compliance terms are not included in this Order.\nThe terms and conditions of this Final Order are effective on receipt.\n___________________________________ __________________________\nJeffrey D. Wiese Date Issued\nAssociate Administrator\nfor Pipeline Safety\n\ndcor 5-2007-7001 nopv-pco 2-13-07_text.pdf\n\nO\nU. S. Department\nof Transportation\nPipeline and\nHazardous Materials Safety\nAdministration\nf2300 W Dakota Ave, Sutta t t0\nLakewood, CO 80228\nNOTICE OF PROBABLE VIOLATION\nand\nPROPOSED COMPLIANCE ORDER\nCERTIFIED MAIL - RETURN RECEIPT RE UKSTKD\nFebruary 13, 2007\nMr. Michael J. Finch\nDirector of ES & RC\nDCOR LLC.\n290 Maple Court, Suite 290\nVentura, CA 93003\nSENT TQ COMPLIANCE REGISTRY\nHardcopy Electronically'\nttatooptosl I Date~~\nCPF 5-2007-7001\nDear Mr. Finch:\nOn May 22 to 24, 2006, representatives of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) and California State Fire Marshal {CSFM) pursuant to Chapter 601\nof 49 United States Code inspected your procedures for Integrity Management Program in\nVentura, CA,\nAs a result of the inspection, it appears that you have committed probable violations of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations. The items inspected and\nthe probable violations are:\n$195. 452 Pipeline integrity management in high consequence areas\n(f) An operator must include, at minimum, each of the following elements in its\nwritten integrity management program:\n(1) A process for identifying which pipeline segments could affect a high\nconsequence area\nAlthough this inspection was principally focused on defining portions of the pipeline itself that\ncould affect an HCA, an operator is also required to identify which facilities could affect an\nHCA in the event of a failure. DCOR owns and operates a pump station at Fort Apache in\nHuntington Beach Ca located in a HCA and failed to include in your IMP.\n\n\n\nPro osed Com liance Order\nPursuant to 49 United States Code $ 60118, the Pipeline and Hazardous Materials Safety\nAdministration proposes to issue a Compliance Order to DCOR LLC. Please refer to the\nProposed Compliance Order that is enclosed and made a part of this Notice.\nRes onse to this Notice\nEnclosed as part of this Notice is a document entitled Response Options for Pipeline\nOperators in Compliance Proceedings Please refer to this document and note the response\noptions. If you do not respond within 30 days of receipt of this Notice, this constitutes a\nwaiver of your right to contest the allegations in this Notice and authorizes the Associate\nAdministrator for Pipeline Safety to find facts as alleged in this Notice without further notice\nto you and to issue a Final Order.\nIn your correspondence on this matter, please refer to CPF 5-2007-7001 and for each\ndocument you submit, please provide a copy in electronic format whenever possible.\nSincer\nis oidal\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\nEnclosures: Proposed Compliance Order\nResponse Options for Pipeline Operators in Compliance Proceedings\ncc: PHP-60 Compliance Registry\nPHP-500 H. Monfared (4117394)\n\n\n\nPROPOSED COMPI IAIVCE ORDER\nPursuant to 49 United States Code $ 60118, the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) proposes to issue to DCOR LLC a Compliance Order incorporating\nthe following remedial requirements to ensure the compliance of DCOR LLC with the pipeline\nsafety regulations:\nIn regard to Item Number 1 of the Notice pertaining to which pipeline segment\ncould affect a High Consequence Area. DCOR LLC must include in its IMP the\npump station at Fort Apache in Huntington, CA as a could affect facility.\nWithin 60 days of issuance of the Final Order, DCOR must complete the above\nitems, and submit the required documentation and procedures to the Director,\nWestern Region, Pipeline and Hazardous Materials Safety Administration, 12300\nWest Dakota Avenue, Suite 110, Lakewood, Colorado 80228\nPlease refer to CPF No. 5-2007-7001 on all correspondence.\n\n520077001_FinalOrder_6172009_text.pdf\n\nJUN 17 2009\nMr. Michael J. Finch\nVice President of Environmental Safety\nand Regulatory Compliance\nDCOR LLC\n290 Maple Court, Suite 290\nVentura, CA 93003-9144\nRe: CPF No. 5-2007-7001\nDear Mr. Finch:\nEnclosed is the Final Order issued in the above-referenced case. It makes findings of violation\nand finds that you have completed the actions specified in the Notice required to comply with the\npipeline safety regulations. This case is now closed. Your receipt of the Final Order constitutes\nservice of that document under 49 C.F.R. § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nJeffrey D. Wiese\nAssociate Administrator\nfor Pipeline Safety\nEnclosure\ncc: Mr. Chris Hoidal, Director, Western Region, OPS\nCERTIFIED MAIL-RETURN RRECEIPT REQUIRED [7005 1160 0001 0046 9662]\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n______________________________\n)\nIn the Matter of )\n)\nDCOR LLC, ) CPF No. 5-2007-7001\n)\nRespondent. )\n______________________________)\nFINAL ORDER\nFrom May 22 to 24, 2006, pursuant to 49 U.S.C. § 60117, representatives of the Pipeline and\nHazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS), and the\nCalifornia State Fire Marshal inspected the Integrity Management Program (IMP) of DCOR LLC\n(DCOR or Respondent), the operator of a hazardous liquid pipeline whose headquarters are in\nVentura, California.\nAs a result of that inspection, the Director, Western Region, OPS (Director), issued to DCOR, by\nletter dated February 13, 2007, a Notice of Probable Violation and Proposed Compliance Order\n(Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed finding that DCOR had\nviolated 49 C.F.R. § 195.452(f)(1) and proposed ordering Respondent to take certain measures to\ncorrect the alleged violation.\nDCOR responded to the Notice by letter dated April 2, 2007 (Response). Respondent did not\ncontest the allegations of violation, but it did provide information concerning the corrective\nactions it had taken.\nDCOR has not requested a hearing, thereby waiving that right and authorizing the entry of this\nFinal Order.\nFINDINGS OF VIOLATION\nItem 1: The Notice alleged that DCOR violated 49 C.F.R. § 195.452(f)(1), which states:\n§ 195.452 Pipeline integrity management in high consequence areas\n\n\n\n2\ndrawn from results of the integrity assessments, and other maintenance and\nsurveillance data, and evaluation of consequences of a failure on the high\nconsequence area. An operator must include, at minimum, each of the following\nelements in its written integrity management program:\n(1) A process for identifying which pipeline segments could affect a high\nconsequence area . . .\nIn particular, the Notice alleged that DCOR owned and operated the Fort Apache Pump Station\n(FAPS), a pipeline facility located in a High Consequence Area (HCA) in Huntingdon Beach,\nCalifornia. The Notice further alleged that DCOR failed to include the FAPS in its IMP.\nRespondent does not dispute these allegations. Accordingly, I find that DCOR violated 49\nC.F.R. § 195.452(f)(1) as alleged in Item 1 of the Notice, that is, by failing to include the FAPS,\na pipeline facility that could affect an HCA in the event of failure, in its IMP.\nThis finding of violation will be considered a prior offense in any subsequent enforcement action\ntaken against Respondent.\nCOMPLIANCE ORDER\nThe Notice proposed a Compliance Order with respect to Item 1 in the Notice for violation of 49\nC.F.R. § 195.452(f)(1). Under 49 U.S.C. § 60118(a), each person who engages in the\ntransportation of gas, hazardous liquids, or who owns or operates a pipeline facility is required to\ncomply with the applicable safety standards established under Chapter 601. The Director,\nWestern Region, PHMSA has indicated that Respondent has taken the action specified in the\nproposed Compliance Order; namely, that on April 4, 2007, DCOR submitted documents\nshowing that the FAPS is now included in its IMP. Accordingly, since compliance has been\nachieved with respect to this violation, the compliance terms are not included in this Order.\nThe terms and conditions of this Final Order are effective on receipt.\n___________________________________ __________________________\nJeffrey D. Wiese Date Issued\nAssociate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":14285}