{"operation":"document","citation":"CPF 520105012H","title":"BRIDGER LAKE, LLC — Corrective Action Order","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2010-04-30","effective_on":null,"summary":"CLOSED corrective action order.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520105012h.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520105012h.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520105012h","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520105012H","body":"Corrective Action Order involving BRIDGER LAKE, LLC. The dataset does not identify a cited regulation for this case. The case was opened on 2010-04-30 and is reported as closed as of 2013-07-31. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520105012H_ Consent Agreement_02242011_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520105012H/520105012H_%20Consent%20Agreement_02242011_text.pdf\n\n520105012H_CAO_04302010.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520105012H/520105012H_CAO_04302010.pdf\n\n520105012H_CAO_04302010_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520105012H/520105012H_CAO_04302010_text.pdf\n\n520105012H_closure letter_07312013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520105012H/520105012H_closure%20letter_07312013.pdf\n\n520105012H_closure letter_07312013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520105012H/520105012H_closure%20letter_07312013_text.pdf\n\n520105012H_Consent Agreement_02242011.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520105012H/520105012H_Consent%20Agreement_02242011.pdf\n\n520105012H_Consent Order_02242011.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520105012H/520105012H_Consent%20Order_02242011.pdf\n\n520105012H_Consent Order_02242011_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520105012H/520105012H_Consent%20Order_02242011_text.pdf\n\n520105012H_ Consent Agreement_02242011_text.pdf\n\nFEB 24 2011\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, DC 20590\n____________________________________\nIn the Matter of )\nBridger Lake, LLC, ) CPF No. 5-2010-5012H\n)\n)\n)\nRespondent. )\n____________________________________)\nCONSENT AGREEMENT\nBridger Lake, LLC (Bridger Lake or Respondent), is the owner or operator of a 27-mile\nlong, 65/8\n-inch-diameter pipeline that transports crude oil from Summit County, Utah, to a\nbreakout tank in Uinta County, Wyoming (Affected Pipeline). On or about April 1, 2010,\nthe Affected Pipeline experienced a failure near Robertson, Wyoming (April 2010\nFailure). Bridger Lake notified the National Response Center of that failure on April 10,\n2010, when a pool of crude oil ignited at the site during cleanup operations.\nOn April 27, 2010, Respondent applied to participate in the Wyoming Department of\nEnvironmental Quality’s (WDEQ) Voluntary Remediation Program (VRP). Bridger\nLake’s application included information about the April 2010 Failure and its eligibility to\nparticipate in the VRP.\nOn April 30, 2010, the Associate Administrator, Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), issued a Corrective Action Order (CAO) to Bridger Lake. In\nthat CAO, the Associate Administrator found that the continued operation of the Affected\nPipeline without corrective measures would be hazardous to life, property, or the\nenvironment.\nOn May 7, 2010, the Director, Western Region, PHMSA (Director), sent Bridger Lake a\nletter confirming that the terms of the CAO applied to the Affected Pipeline in its\nentirety, including the breakout tank. The Director also specified the conditions needed\nfor Bridger Lake to resume operation of the tank.\nOn May 10, 2010, Bridger Lake, by counsel, submitted a written response to the CAO\nand a request for an informal hearing. Bridger Lake also submitted a written restart plan\nfor the breakout tank, which the Director conditionally approved.\n\n\n\nOn May 19, 2010, Respondent requested that the hearing on the CAO be delayed pending\nefforts to resolve the matter with the Western Region. On May 27, 2010, WDEQ notified\nBridger Lake that its application to participate in the VRP had been approved.\nSince that time, Respondent has been successfully implementing the terms of its VRP.\nBridger Lake and PHMSA (Parties) have also engaged in good faith discussions to\nresolve the CAO, and any associated matters, without any further litigation or\nproceedings.\nThe Parties have concluded those discussions and agree that the entry of this Consent\nAgreement is the most appropriate means of resolving the CAO without a hearing, of\nfinding that Respondent violated 49 C.F.R. Parts 195 and 199 without adjudicating any\nissue of fact or law, of establishing the actions that must be taken to remedy those\nviolations, and of ensuring that the Affected Pipeline is not a risk to the public, property,\nor the environment.\nAccordingly, the Parties agree as follows:\nI. General Provisions\n1. For purposes of this Consent Agreement, Respondent agrees that Bridger Lake\nand the Affected Pipeline are subject to the jurisdiction of the Pipeline Safety Laws (49\nU.S.C. § 60101 et seq.), the Pipeline Safety Regulations (49 C.F.R. Parts 190-199), and\nany orders issued thereunder.\n2. For purposes of this Consent Agreement, Bridger Lake agrees that the Affected\nPipeline is or would be hazardous to life, property, or the environment without corrective\nmeasures for purposes of the Pipeline Safety Laws (49 U.S.C. § 60112) and Pipeline\nSafety Regulations (49 C.F.R. § 190.233).\n3. PHMSA agrees that the April 30, 2010 CAO shall be rescinded if Bridger Lake\ncompletes the requirements in Part II of this Consent Agreement, as and to the extent\ndetermined by the Director under Part IX of this Consent Agreement.\n4. For purposes of this Consent Agreement, Bridger Lake agrees that in owning or\noperating the Affected Pipeline prior to the April 2010 Failure, it violated the Pipeline\nSafety Regulations by failing to comply with the minimum federal safety standards for\nthe transportation of hazardous liquids by pipeline (49 C.F.R. Part 195) and the drug and\nalcohol testing requirements (49 C.F.R. Part 199).\n5. PHMSA agrees that if Bridger Lake completes the requirements in Part II of this\nConsent Agreement, as determined by the Director under Part IX of this Consent\nAgreement, Respondent will not be subject to any additional enforcement action under 49\nC.F.R. Part 190 for violating the Pipeline Safety Regulations in owning or operating the\nAffected Pipeline prior to the April 2010 Failure. Nothing in this Paragraph affects the\nenforcement authorities available to PHMSA under Part V of this Consent Agreement.\n\n\n\n6. This Consent Agreement does not constitute a finding of violation of any Federal\nlaw or regulation and may not be used in any civil proceeding of any kind as evidence or\nproof of any fact, fault or liability, or as evidence of the violation of any law, rule,\nregulation or requirement, except in a proceeding to enforce the provisions of this\nConsent Agreement or in future PHMSA enforcement actions.\n7. Pursuant to 49 U.S.C. § 60112(c), PHMSA has provided appropriate state officials\nnotice and opportunity to comment on the agreement to resolve this matter.\n8. After Bridger Lake signs and returns this Consent Agreement, PHMSA’s\nrepresentative will present it to the Associate Administrator for Pipeline Safety\nrecommending that the Associate Administrator adopt the terms of this agreement by\nissuing an administrative order (Consent Order) incorporating the terms of this Consent\nAgreement. The terms of this Consent Agreement constitute an offer of settlement until\naccepted by the Associate Administrator.\n9. Bridger Lake consents to the issuance of the Consent Order and waives any further\nprocedural requirements with respect to its issuance. Bridger Lake waives all rights to\ncontest the adequacy of the CAO, to receive notice of or an opportunity to be heard for\nviolating the Pipeline Safety Regulations prior to the April 2010 Failure, or the validity of\nthe Consent Order or this Consent Agreement, including all rights to administrative or\njudicial hearings or appeals.\n10. This Consent Agreement applies to, and is binding upon, PHMSA, and upon\nBridger Lake, its officers, directors, and employees, and its successors, assigns, or other\nentities or persons otherwise bound by law. Respondent agrees to provide a copy of this\nConsent Agreement and any incorporated work plans and schedules to all of Bridger\nLake’s officers, employees, contractors, and agents whose duties might reasonably\ninclude compliance with this Consent Agreement.\n11. No transfer of ownership or operation of the Affected Pipeline, whether in\ncompliance with the procedures of this Paragraph or otherwise, shall relieve Bridger Lake\nof its obligation to ensure that the terms of this Consent Agreement are implemented. For\nall transfers of ownership or operating responsibility of the Affected Pipeline, Bridger\nLake must provide a copy of this Consent Agreement to the prospective transferee at least\n30 days prior to such transfer and simultaneously provide written notice of the\nprospective transfer to the Director, Western Region, PHMSA. Any attempt to transfer\nownership or operation of the Affected Pipeline without complying with this Paragraph\nconstitutes a violation of this Consent Agreement.\n12. This Consent Agreement constitutes the final, complete, and exclusive agreement\nand understanding between the Parties with respect to the settlement embodied in this\nConsent Agreement, and the Parties acknowledge that there are no representations,\nagreements or understandings relating to the settlement other than those expressly\ncontained in this Consent Agreement, except that the terms of this Consent Agreement\nmay be construed by reference to the CAO.\n\n\n\n13. Nothing in this Consent Agreement affects Bridger Lake’s obligation to comply\nwith all applicable requirements of the Pipeline Safety Laws, Regulations, and orders\nissued thereunder. Nothing in this agreement alters PHMSA’s right of access, entry,\ninspection, and information gathering or PHMSA’s authority to bring enforcement\nactions against Bridger Lake pursuant to the Pipeline Safety Laws, Regulations, and\norders issued thereunder, or any other provision of Federal or State law.\n14. This Consent Agreement does not waive or modify any Federal, State, or local\nlaws or regulations that are applicable to Bridger Lake or its pipeline systems. This\nConsent Agreement is not a permit, or a modification of any permit, under any Federal,\nState or local laws or regulations. Bridger Lake remains responsible for achieving and\nmaintaining compliance with all applicable Federal, State, and local laws, regulations and\npermits.\n15. This Consent Agreement does not create rights in, or grant any cause of action to,\nany third party not party to this agreement. The U.S. Department of Transportation is not\nliable for any injuries or damages to persons or property arising from acts or omissions of\nBridger Lake or its officers, employees, contractors, or agents carrying out the work\nrequired by this agreement. The U.S. Department of Transportation, its officers,\nemployees, agents, and representatives are not liable for any cause of action arising from\nany acts or omissions of Respondent or its contractors in carrying out any work required\nby this agreement.\nII. Compliance Requirements\n16. Except for the times specified for completion, the Corrective Actions in the CAO\nare incorporated into this Consent Agreement by reference.\n17. Within 180 days following the issuance of the Consent Order, Bridger Lake will\ncomplete Required Corrective Actions 2 through 8 in the CAO. That includes, but is not\nlimited to, submitting for the Director’s approval: a written restart plan for the Affected\nPipeline (Required Corrective Action 2); a full analysis and mechanical and metallurgical\ntesting of the pipe involved in the April 2010 Failure (Required Corrective Action 3); a\nremedial work plan for the Affected Pipeline (Required Corrective Actions 4 and 5); a\ncompliance plan (Corrective Action 6) or, if appropriate, an abandonment plan for all or a\nportion of the Affected Pipeline (Corrective Action 7); and provisions for ensuring that\nsuch actions are performed by an individual who is qualified to perform the prescribed\ntasks under Subpart G of Part 195 (Corrective Action 8). Any plan submitted to the\nDirector shall propose a schedule for completing all required actions within 24 months of\nits approval.\n18. Until all actions specified in an approved plan are complete, Bridger Lake agrees\nto submit quarterly reports to the Regional Director that: (1) include all available data and\nresults of any testing and evaluations performed pursuant to the Required Corrective\nActions in the CAO or the Compliance Requirements in the Consent Agreement; and (2)\ndescribe the progress of the repairs or other remedial actions being undertaken. The first\nquarterly report for the period from October 2010 through December 2010 is due by\n\n\n\nFebruary 28, 2011.\n19. Bridger Lake agrees to maintain documentation of the costs associated with\nimplementation of Part II of this Consent Agreement. Bridger Lake will include in each\nquarterly report it submits the to-date total costs associated with: (1) testing, evaluations\nand information analysis; (2) revisions of procedures and additional monitoring and\ninspections; and (3) physical changes to pipeline infrastructure, including repairs,\nreplacements and other modifications.\n20. Bridger Lake agrees to submit a final report to the Director of the total costs\nassociated with the implementation of the Required Corrective Actions in the CAO and\nPart II of this Consent Agreement.\n21. The Director may grant an extension of time for Bridger Lake to complete any of\nthe work to be performed upon submission of a timely written request demonstrating\ngood cause for an extension. Any extensions granted by the Director shall be in writing.\nIII. Review and Approval Process\n22. Any submission under Part II of this Consent Agreement that requires the\nDirector’s approval may be approved in whole or in part and with or without conditions,\ndisapproved in whole or in part and with or without conditions, or in any combination\nthereof. If a submission is approved, approved in part, or approved with conditions,\nBridger Lake will take all action as approved by the Director, subject to Bridger Lake’s\nright to invoke the dispute resolution procedures in Part IV with respect to any conditions\nidentified by the Director. If the Director disapproves all or any portion of the\nsubmission, the Director will provide Bridger Lake with a written notice of the\ndeficiencies. Bridger Lake will correct all deficiencies within the time specified by the\nDirector and resubmit it for approval.\nIV. Dispute Resolution\n23. The Director and Bridger Lake will informally attempt to resolve any disputes\narising under this Consent Agreement. If Bridger Lake and the Director are unable to\ninformally resolve the dispute within 15 days, Bridger Lake may request in writing,\nwithin 10 days, a written determination resolving the dispute from the Associate\nAdministrator for Pipeline Safety providing all information that Bridger Lake believes is\nrelevant to the dispute. If the request is submitted as provided herein, the Associate\nAdministrator will issue a final determination in writing. The existence of a dispute and\nPHMSA’s consideration of matters placed in dispute will not excuse, toll, or suspend any\nterm or timeframe for completion of any work to be performed under this agreement\nduring the pendency of the dispute resolution process, except as agreed by the Regional\nDirector or the Associate Administrator in writing.\nV. Enforcement\n24. This Consent Agreement, as adopted by the Consent Order, is subject to all\nenforcement authorities available to PHMSA under 49 U.S.C. § 60101 et seq. and 49\n\n\n\nC.F.R. Part 190, including the assessment of civil penalties as determined in accordance\nwith the requirements of 49 U.S.C. § 60122 and 49 C.F.R. §§ 190.223 to 190.225, if\nPHMSA determines that Bridger Lake is not proceeding according to the terms of the\nagreement, any determinations made by the Regional Director, or, if appealed, any\ndecisions of the Associate Administrator. Failure to comply with the terms of the\nagreement may also result in referral to the Attorney General for appropriate relief in a\nUnited States District Court pursuant to 49 U.S.C. § 60120. All work plans and\nassociated schedules set forth or referenced in Part II will be automatically incorporated\ninto this Consent Agreement and are enforceable in the same manner.\nVI. Record Keeping and Information Disclosure\n25. Bridger Lake agrees to maintain records demonstrating compliance with all\nrequirements of this Consent Agreement for a period of at least five years following\ncompletion of all work to be performed. For any reports, plans, or other deliverables\nrequired to be submitted to PHMSA pursuant to this Consent Agreement, Bridger Lake\nmay assert a claim of business confidentiality or other protections applicable to the\nrelease of information by PHMSA, covering part or all of the information required to be\nsubmitted to PHMSA pursuant to this agreement in accordance with 49 C.F.R. Part 7.\nBridger Lake must mark the claim of confidentiality in writing on each page, and include\na statement specifying the grounds for each claim of confidentially. PHMSA determines\nrelease of any information submitted pursuant to this Consent Agreement in accordance\nwith 49 C.F.R. Part 7, the Freedom of Information Act, 5 U.S.C. § 552, DOT and/or\nPHMSA policies, and other applicable regulations and Executive Orders.\nVII. Effective Date\n26. The “Effective Date” as used herein is the date on which this Consent Agreement\nhas been signed by both Bridger Lake and PHMSA.\nVIII. Modification\n27. The terms of this Consent Agreement may be modified by mutual agreement of\nthe parties. Such modifications must be in writing and signed by both parties.\nIX. Termination\n28. This Consent Agreement terminates upon completion of all terms set forth in Part\nII (Compliance Requirements) as determined, in writing, by the Director, Western\nRegion. Bridger Lake may request written confirmation from PHMSA when this\nConsent Agreement is terminated. To the extent ongoing monitoring is still required and\nall other actions specified in a plan approved under Paragraph 17 are complete, PHMSA\nmay terminate this Consent Agreement with respect to all other requirements with the\nexception of such monitoring. Nothing in this agreement prevents Bridger Lake from\ncompleting any of the obligations earlier than the deadlines provided for in this Consent\nAgreement.\n\n\n\nX. Ratification\n29. The Parties undersigned representatives certify that they are fully authorized to\nenter into the terms and conditions of this Consent Agreement and to execute and legally\nbind such party to this document.\n30. The Parties hereby agree to all conditions and terms of this Consent Agreement:\nFor PHMSA: For Respondent:\n___________________________ ____________________________\nJeffrey D. Wiese Julio Rios\nAssociate Administrator President\nfor Pipeline Safety\n_____________________ _____________________\nDate Date\n\n520105012H_closure letter_07312013_text.pdf\n\nVIA CERTIFIED MAIL AND FAX TO: (318) 429-7103\nJuly 31, 2013\nMr. Julio Rios\nPresident\nBridger Lake, LLC\n800 Spring Street, Suite 205\nShreveport, LA 71101\nRe: CPF 5-2010-5012H- Consent Agreement\nClose Out with Notification Stipulation\nDear Mr. Rios:\nOn July 1, 2013, I received your Quarterly Progress Report for the second quarter 2013 per the\nConsent Agreement referenced above. In that report you state that there has been no change in the\nstatus of the pipeline since the last quarterly report submitted on April 3, 2013, and that all repair\nactivities were completed in November of 2012. The pipeline is now complete and ready for service.\nYou have complied with all of the requirements of the original CAO and the Consent\nAgreement. However, you have not been able to secure delivery of crude oil for your 6-inch pipeline\nand you have reported that it may be a long time before you are ready to receive crude oil and thus\nreturn your pipeline to service.\nSince the imminent harm has been removed, I am terminating this Consent Agreement per Section\nIX, paragraph 28. Bridger Lake will no longer have to submit quarterly reports. You are reminded\nthat Bridger Lake must notify the Western Region 30 days prior to resuming pipeline operations to\nprovide my staff suitable time to schedule a pre-return-to-service inspection of your facilities.\nPlease feel free to contact me at 720-963-3160 or Mr. Peter Katchmar at 303-807-8458 to discuss this\nmatter or if you have any questions.\nSincerely,\nChris Hoidal\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 P. Katchmar\n\n520105012H_Consent Order_02242011_text.pdf\n\nFEB 24 2011\nMr. Julio Rios\nPresident\nBridger Lake, LLC\n800 Spring Street, Suite 205\nShreveport, LA 71101\nRe: CPF No. 5-2010-5012H\nDear Mr. Rios:\nEnclosed please find a Consent Order incorporating the terms of the Consent Agreement that you\nsigned on January 31, 2011. Service of the Consent Order and Consent Agreement by certified\nmail is deemed effective upon the date of mailing, or as otherwise provided under 49 C.F.R.\n§ 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, PHMSA\nMr. Duane Siler, Counsel for Bridger Lake, LLC\nCrowell & Moring LLP, 1001 Pennsylvania Avenue, N.W., Washington, DC 20004-2595\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED [7005 1160 0001 0041 3665]\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)\nBridger Lake, LLC, ) CPF No. 5-2010-5012H\n)\nRespondent. )\n____________________________________)\nCONSENT ORDER\nOn January 31, 2011, Mr. Julio Rios, President, Bridger Lake, LLC, signed a Consent\nAgreement in this case. I have reviewed and signed that Consent Agreement on this date, the\nterms of which are incorporated into this Consent Order by reference.\n___________________________________ __________________________\nJeffrey D. Wiese Date Issued\nAssociate Administrator\nfor Pipeline Safety\n.\n\n520105012H_Consent Agreement_02242011.pdf\n\nFEB 24 2011\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, DC 20590\nIn the Matter of\nBridger Lake, LLC,\nCPF No. 5-2010-5012H\nRespondent.\nCONSENT AGREEMENT\nlong, 6518-inch-diameter pipeline that transports crude oil from Summit County, Utah, to a\nBridger Lake, LLC (Bridger Lake or Respondent), is the owner or operator of a 27-mile\nbreakout tank in Uinta County, Wyoming (Affected Pipeline). On or about April 1, 2010,\nthe Affected Pipeline experienced a failure near Robertson, Wyoming (April 2010\nFailure). Bridger Lake notified the National Response Center of that failure on April 10,\n2010. when a pool of crude oil ignited at the site during cleanup operations.\nOn April 27, 2010, Respondent applied to participate in the Wyoming Department of\nEnvironmental Quality's (WDEQ) Voluntary Remediation Program (VRP). Bridger\nLake's application included information about the April 2010 Failure and its eligibility to\nparticipate in the VRP.\nAdministration (PHMSA), issued a Corrective Action Order (CAO) to Bridger Lake. In\nOn April 30, 2010, the Associate Administrator, Pipeline and Hazardous Materials Safety\nthat CAO, the Associate Administrator found that the continued operation of the Affected\nPipeline without corrective measures would be hazardous to life, property, or the\nenvironment.\nOn May 7, 2010, the Director, Western Region, PHMSA (Director), sent Bridger Lake a\nletter confirming that the terms of the CAO applied to the Affected Pipeline in its\nentirety, including the breakout tank. The Director also specified the conditions needed\nfor Bridger Lake to resume operation of the tank.\nOn May 10, 2010, Bridger Lake, by counsel, submitted a written response to the CAO\nand a request for an informal hearing. Bridger Lake also submitted a written restart plan\nfor the breakout tank, which the Director conditionally approved.\n\n\n\nOn May 19, 2010, Respondent requested that the hearing on the CAO be delayed pending\nefforts to resolve the matter with the Western Region. On May 27, 2010. WDEQ notified\nBridger Lake that its application to participate in the VRP had been approved.\nSince that time, Respondent has been successfully implementing the terms of its VRP.\nBridger Lake and PHMSA (Parties) have also engaged in good faith discussions to\nresolve the CAO, and any associated matters, without any further litigation or\nproceedings.\nThe Parties have concluded those discussions and agree that the entry of this Consent\nAgreement is the most appropriate means of resolving the CAO without a hearing, of\nfinding that Respondent violated 49 C.F.R. Parts 195 and 199 without adjudicating any\nissue of fact or law, of establishing the actions that must be taken to remedy those\nviolations, and of ensuring that the Affected Pipeline is not a risk to the public, property,\nor the environment.\nAccordingly, the Parties agree as follows:\nI. General Provisions\n1. For purposes of this Consent Agreement, Respondent agrees that Bridger Lake\nand the Affected Pipeline are subject to the jurisdiction of the Pipeline Safety Laws (49\nU.S.C. § 60101 et seq.), the Pipeline Safety Regulations (49 C.F.R. Parts 190-199), and\nany orders issued thereunder.\n2. For purposes of this Consent Agreement, Bridger Lake agrees that the Affected\nPipeline is or would be hazardous to life, property, or the environment without corrective\nmeasures for purposes of the Pipeline Safety Laws (49 U.S.C. § 60112) and Pipeline\nSafety Regulations (49 C.F.R. § 190.233).\n3. PHMSA agrees that the April 30, 2010 CAO shall be rescinded if Bridger Lake\ncompletes the requirements in Part II of this Consent Agreement, as and to the extent\ndetermined by the Director under Part IX of this Consent Agreement.\n4. For purposes of this Consent Agreement, Bridger Lake agrees that in owning or\noperating the Affected Pipeline prior to the April 2010 Failure, it violated the Pipeline\nSafety Regulations by failing to comply with the minimum federal safety standards for\nthe transportation of hazardous liquids by pipeline (49 C.F.R. Part 195) and the drug and\nalcohol testing requirements (49 C.F.R. Part 199).\n5. PHMSA agrees that if Bridger Lake completes the requirements in Part II of this\nConsent Agreement, as determined by the Director under Part IX of this Consent\nAgreement, Respondent will not be subject to any additional enforcement action under 49\nC.F.R. Part 190 for violating the Pipeline Safety Regulations in owning or operating the\nAffected Pipeline prior to the April 2010 Failure. Nothing in this Paragraph affects the\nenforcement authorities available to PHMSA under Part V of this Consent Agreement.\n\n\n\n6. This Consent Agreement does not constitute a finding of violation of any Federal\nlaw or regulation and may not be used in any civil proceeding of any kind as evidence or\nproof of any fact, fault or liability, or as evidence of the violation of any law, rule,\nregulation or requirement, except in a proceeding to enforce the provisions of this\nConsent Agreement or in future PHMSA enforcement actions.\n7. Pursuant to 49 U.S.C. § 60112(c), PHMSA has provided appropriate state officials\nnotice and opportunity to comment on the agreement to resolve this matter.\n8. Atter Bridger Lake signs and returns this Consent Agreement, PHMSA's\nrepresentative will present it to the Associate Administrator for Pipeline Safety\nrecommending that the Associate Administrator adopt the terms of this agreement by\nissuing an administrative order (Consent Order) incorporating the terms of this Consent\nAgreement. The terms of this Consent Agreement constitute an offer of settlement until\naccepted by the Associate Administrator.\n9. Bridger Lake consents to the issuance of the Consent Order and waives any further\nprocedural requirements with respect to its issuance. Bridger Lake waives all rights to\ncontest the adequacy of the CAO, to receive notice of or an opportunity to be heard for\nviolating the Pipeline Safety Regulations prior to the April 2010 Failure, or the validity of\nthe Consent Order or this Consent Agreement, including all rights to administrative or\njudicial hearings or appeals.\n10. This Consent Agreement applies to, and is binding upon, PHMSA, and upon\nBridger Lake, its officers, directors, and employees, and its successors, assigns, or other\nentities or persons otherwise bound by law. Respondent agrees to provide a copy of this\nConsent Agreement and any incorporated work plans and schedules to all of Bridger\nLake's officers, employees, contractors, and agents whose duties might reasonably\ninclude compliance with this Consent Agreement.\n11. No transfer of ownership or operation of the Affected Pipeline, whether in\ncompliance with the procedures of this Paragraph or otherwise, shall relieve Bridger Lake\nof its obligation to ensure that the terms of this Consent Agreement are implemented. For\nall transfers of ownership or operating responsibility of the Affected Pipeline, Bridger\nLake must provide a copy of this Consent Agreement to the prospective transferee at least\n30 days prior to such transfer and simultaneously provide written notice of the\nprospective transfer to the Director, Western Region, PHMSA. Any attempt to transfer\nownership or operation of the Affected Pipeline without complying with this Paragraph\nconstitutes a violation of this Consent Agreement.\n12. This Consent Agreement constitutes the final, complete, and exclusive agreement\nand understanding between the Parties with respect to the settlement embodied in this\nConsent Agreement, and the Parties acknowledge that there are no representations,\nagreements or understandings relating to the settlement other than those expressly\ncontained in this Consent Agreement, except that the terms of this Consent Agreement\nmay be construed by reference to the CAO.\n\n\n\n13. Nothing in this Consent Agreement affects Bridger Lake's obligation to comply\nwith all applicable requirements of the Pipeline Safety Laws, Regulations, and orders\nissued thereunder. Nothing in this agreement alters PHMSA's right of access, entry,\ninspection, and information gathering or PHMSA's authority to bring enforcement\nactions against Bridger Lake pursuant to the Pipeline Safety Laws, Regulations, and\norders issued thereunder, or any other provision of Federal or State law.\n14. This Consent Agreement does not waive or modify any Federal, State, or local\nlaws or regulations that are applicable to Bridger Lake or its pipeline systems. This\nConsent Agreement is not a permit, or a modification of any permit, under any Federal,\nState or local laws or regulations. Bridger Lake remains responsible for achieving and\nmaintaining compliance with all applicable Federal, State, and local laws, regulations and\npermits.\n15. This Consent Agreement does not create rights in, or grant any cause of action to.\nany third party not party to this agreement. The U.S. Department of Transportation is not\nliable for any injuries or damages to persons or property arising from acts or omissions of\nBridger Lake or its officers, employees, contractors, or agents carrying out the work\nrequired by this agreement. The U.S. Department of Transportation, its officers,\nemployees, agents, and representatives are not liable for any cause of action arising from\nany acts or omissions of Respondent or its contractors in carrying out any work required\nby this agreement.\nIl. Compliance Requirements\n16. Except for the times specified for completion, the Corrective Actions in the CAO\nare incorporated into this Consent Agreement by reference.\n17. Within 180 days following the issuance of the Consent Order, Bridger Lake will\ncomplete Required Corrective Actions 2 through 8 in the CAO. That includes, but is not\nlimited to, submitting for the Director's approval: a written restart plan for the Affected\nPipeline (Required Corrective Action 2); a full analysis and mechanical and metallurgical\ntesting of the pipe involved in the April 2010 Failure (Required Corrective Action 3); a\nremedial work plan for the Affected Pipeline (Required Corrective Actions 4 and 5); a\ncompliance plan (Corrective Action 6) or, if appropriate, an abandonment plan for all or a\nportion of the Affected Pipeline (Corrective Action 7); and provisions for ensuring that\nsuch actions are performed by an individual who is qualified to perform the prescribed\ntasks under Subpart G of Part 195 (Corrective Action 8). Any plan submitted to the\nDirector shall propose a schedule for completing all required actions within 24 months of\nits approval.\n18. Until all actions specified in an approved plan are complete, Bridger Lake agrees\nto submit quarterly reports to the Regional Director that: (1) include all available data and\nresults of any testing and evaluations performed pursuant to the Required Corrective\nActions in the CAO or the Compliance Requirements in the Consent Agreement; and (2)\ndescribe the progress of the repairs or other remedial actions being undertaken. The first\nquarterly report for the period from October 2010 through December 2010 is due by\nFebruary 28, 2011.\n\n\n\n19. Bridger Lake agrees to maintain documentation of the costs associated with\nimplementation of Part Il of this Consent Agreement. Bridger Lake will include in each\nquarterly report it submits the to-date total costs associated with: (1) testing, evaluations\nand information analysis; (2) revisions of procedures and additional monitoring and\ninspections; and (3) physical changes to pipeline infrastructure, including repairs,\nreplacements and other modifications.\n20. Bridger Lake agrees to submit a final report to the Director of the total costs\nassociated with the implementation of the Required Corrective Actions in the CAO and\nPart II of this Consent Agreement.\n21. The Director may grant an extension of time for Bridger Lake to complete any of\nthe work to be performed upon submission of a timely written request demonstrating\ngood cause for an extension. Any extensions granted by the Director shall be in writing.\nI. Review and Approval Process\n22. Any submission under Part II of this Consent Agreement that requires the\nDirector's approval may be approved in whole or in part and with or without conditions,\ndisapproved in whole or in part and with or without conditions, or in any combination\nthereof. If a submission is approved, approved in part, or approved with conditions,\nBridger Lake will take all action as approved by the Director, subject to Bridger Lake's\nright to invoke the dispute resolution procedures in Part IV with respect to any conditions\nidentified by the Director. If the Director disapproves all or any portion of the\nsubmission, the Director will provide Bridger Lake with a written notice of the\ndeficiencies. Bridger Lake will correct all deficiencies within the time specified by the\nDirector and resubmit it for approval.\nIV. Dispute Resolution\n23. The Director and Bridger Lake will informally attempt to resolve any disputes\narising under this Consent Agreement. If Bridger Lake and the Director are unable to\ninformally resolve the dispute within 15 days, Bridger Lake may request in writing,\nwithin 10 days, a written determination resolving the dispute from the Associate\nAdministrator for Pipeline Safety providing all information that Bridger Lake believes is\nrelevant to the dispute. If the request is submitted as provided herein, the Associate\nAdministrator will issue a final determination in writing. The existence of a dispute and\nPHMSA's consideration of matters placed in dispute will not excuse, toll, or suspend any\nterm or timeframe for completion of any work to be performed under this agreement\nDirector or the Associate Administrator in writing.\nduring the pendency of the dispute resolution process, except as agreed by the Regional\nV. Enforcement\nenforcement authorities available to PHMSA under 49 U.S.C. § 60101 et seq. and 49\n24. This Consent Agreement, as adopted by the Consent Order, is subject to all\n\n\n\nC.F.R. Part 190, including the assessment of civil penalties as determined in accordance\nwith the requirements of 49 U.S.C. § 60122 and 49 C.F.R. §§ 190.223 to 190.225, if\nPHMSA determines that Bridger Lake is not proceeding according to the terms of the\nagreement, any determinations made by the Regional Director, or, if appealed, any\ndecisions of the Associate Administrator. Failure to comply with the terms of the\nagreement may also result in referral to the Attorney General for appropriate relief in a\nassociated schedules set forth or referenced in Part II will be automatically incorporated\nUnited States District Court pursuant to 49 U.S.C. § 60120. All work plans and\ninto this Consent Agreement and are enforceable in the same manner.\nVI. Record Keeping and Information Disclosure\n25. Bridger Lake agrees to maintain records demonstrating compliance with all\nrequirements of this Consent Agreement for a period of at least five years following\ncompletion of all work to be performed. For any reports, plans, or other deliverables\nrequired to be submitted to PHMSA pursuant to this Consent Agreement, Bridger Lake\nmay assert a claim of business confidentiality or other protections applicable to the\nrelease of information by PHMSA, covering part or all of the information required to be\nsubmitted to PHMSA pursuant to this agreement in accordance with 49 C.F.R. Part 7.\nBridger Lake must mark the claim of confidentiality in writing on each page, and include\na statement specifying the grounds for each claim of confidentially. PHMSA determines\nrelease of any information submitted pursuant to this Consent Agreement in accordance\nwith 49 C.F.R. Part 7, the Freedom of Information Act, 5 U.S.C. § 552, DOT and/or\nPHMSA policies, and other applicable regulations and Executive Orders.\nVII. Effective Date\n26. The \"Effective Date\" as used herein is the date on which this Consent Agreement\nhas been signed by both Bridger Lake and PHMSA.\nVIII. Modification\n27. The terms of this Consent Agreement may be modified by mutual agreement of\nthe parties. Such modifications must be in writing and signed by both parties.\nIX. Termination\n28. This Consent Agreement terminates upon completion of all terms set forth in Part\nII (Compliance Requirements) as determined, in writing, by the Director, Western\nRegion. Bridger Lake may request written confirmation from PHMSA when this\nConsent Agreement is terminated. To the extent ongoing monitoring is still required and\nall other actions specified in a plan approved under Paragraph 17 are complete, PHMSA\nmay terminate this Consent Agreement with respect to all other requirements with the\nexception of such monitoring. Nothing in this agreement prevents Bridger Lake from\ncompleting any of the obligations earlier than the deadlines provided for in this Consent\nAgreement.\n\n\n\nX. Ratification\n29. The Parties undersigned representatives certify that they are fully authorized to\nenter into the terms and conditions of this Consent Agreement and to execute and legally\nbind such party to this document.\n30. The Parties hereby agree to all conditions and terms of this Consent Agreement:\nFor PHMSA:\nFor Respondent:\nJeffrey I\n). Wies:\nAssociate Administrator\nfor Pipeline Safety\nFEB 2 4 2011\nDate","truncated":false,"body_characters":39448}