Mr. Luke Wethers

Vice President, Transportation

Giant Industries

Ciniza Pipe Line Company

23733 North Scottsdale Road

Scottsdale, AZ 85255-3465

 

Re: CPF No. 4-2004-5027

 

Dear Mr. Wethers:

 

Enclosed is the Final Order issued by the Associate Administrator for Pipeline Safety in the above-referenced case. It makes findings of violation and assesses a civil penalty. I acknowledge receipt of and accept your check numbered 102795 dated October 13, 2004, for $3,000 as payment in full of the civil penalty assessed in the Final Order. This case is now closed. Your receipt of the Final Order constitutes service of that document under 49 C.F.R.  190.5.

 

Sincerely,

 

 

 

 

James Reynolds

Pipeline Compliance Registry

Office of Pipeline Safety

 

Enclosure

 

cc: Mr. Roy Armenta

Pipeline Manager

 

CERTIFIED MAIL RETURN RECEIPT REQUESTED

 

 

 

 


DEPARTMENT OF TRANSPORTATION

PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION

OFFICE OF PIPELINE SAFETY

WASHINGTON, DC 20590

 

 

______________________________

)

In the Matter of )

)

Giant Industries, Inc./ ) CPF No. 4-2004-5027

Ciniza Pipe Line Company, )

)

Respondent )

______________________________)

 

 

FINAL ORDER

 

On September 17, 2004, in accordance with 49 C.F.R. 190.207, the Director, Southwest Region, Office of Pipeline Safety (OPS), issued to Respondent a Notice of Probable Violation and Proposed Civil Penalty (Notice). The Notice proposed finding that Respondent had committed violations of 49 C.F.R. Part 195 and proposed assessing a civil penalty of $3,000 for the alleged violations. Respondent responded to the Notice by letter dated October 13, 2004. Respondent did not contest the allegations of violation and provided information concerning the corrective actions it has taken. Respondent submitted a check in the amount of the proposed civil penalty ($3,000), waiving further right to respond, and authorizing entry of this Final Order.

 

Pursuant to 190.209(a)(1) and 49 U.S.C. 60122, I find that Respondent violated the following sections of 49 C.F.R. Part 195, as more fully described in the Notice:

 

49 C.F.R. 195.573(e) failing to correct several identified cathodic protection deficiencies during a two-year period; and

 

49 C.F.R. 195.428(a), (d) failing to inspect and test each overfill protection system.

 

These findings of violation will be considered prior offenses in any subsequent enforcement action taken against Respondent. I assess Respondent a civil penalty of $3,000, already paid by Respondent.

 

 

___________________________________ ____________________

Stacey Gerard Date Issued

Associate Administrator

for Pipeline Safety