Mr. Luke Wethers
Vice President, Transportation
Giant Industries
Ciniza Pipe Line Company
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
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
______________________________
)
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
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