{"operation":"document","citation":"CPF 120130004W","title":"RICHMOND, CITY OF — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2013-09-06","effective_on":null,"summary":"CLOSED warning letter citing 192.605(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120130004w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120130004w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120130004w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120130004W","body":"Warning Letter involving RICHMOND, CITY OF. PHMSA's enforcement data identifies the cited regulation as 192.605(a). The case was opened on 2013-09-06 and is reported as closed as of 2013-09-06. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120130004W_Warning Letter_09062013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120130004W/120130004W_Warning%20Letter_09062013.pdf\n\n120130004W_Warning Letter_09062013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120130004W/120130004W_Warning%20Letter_09062013_text.pdf\n\n120130004W_Warning Letter_09062013_text.pdf\n\nU.S. Department Of Transportation Pipeline and 609.989.2171\nHazardous Materials\nSafety Administration\n820 Bear Tavern Road, Suite 103\nWest Trenton, NJ 08628\nWARNING LETTER\nEXPRESS OVERNIGHT MAIL\nSeptember 06, 2013\nRobert Steidel, Director\nCity of Richmond, DPU\n730 East Broad Street,\nRichmond, VA 23219\nCPF 1-2013-0004W\nDear Mr. Steidel:\nOn April 17, 2012, an inspector from the Virginia State Corporation Commission (VA SCC) acting as\nAgent for the Pipeline and Hazardous Materials Safety Administration (PHMSA) pursuant to Chapter 601\nof 49 United States Code inspected the City of Richmond’s (City) pipeline facilities in Richmond, VA.\nAs a result of the inspection, it appears that you have committed a probable violation of the Pipeline\nSafety Regulations, Title 49, Code of Federal Regulations. The items inspected and the probable\nviolation is:\n1. § 192.605 Procedural manual for operations, maintenance, and emergencies.\n(a) General. Each operator shall prepare and follow for each pipeline, a manual of written\nprocedures for conducting operations and maintenance activities and for emergency response. For\ntransmission lines, the manual must also include procedures for handling abnormal\noperations. This manual must be reviewed and updated by the operator at intervals not exceeding\n15 months, but at least once each calendar year. This manual must be prepared before operations\nof a pipeline system commence. Appropriate parts of the manual must be kept at locations where\noperations and maintenance activities are conducted.\nThe City failed to follow for each pipeline, a manual of written procedures for conducting operations and\nmaintenance activities. Specifically, the City failed on 12 occasions to follow its Procedure Manual\nVolume II, Chapter 7, Section IX, developed to comply with §192.617, by not performing an adequate\nfailure investigation.\n\n\n\n1-2013-0004W\nOn twelve occasions in 2011, the Material/Failure Report Forms were inaccurate and / or incomplete as\nnoted below:\n1. 2. The City failed to determine the cause of the failure to minimize the possibility of recurrence.\nThe investigations had findings inconsistent with failed pipe section or were incomplete as a\nresult of the failed sample not being returned for analysis.\nThe VA SCC followed up on this finding with the City by letter, and received a City response dated July\n9, 2012.\nUnder 49 United States Code, § 60122, you are subject to a civil penalty not to exceed $200,000 per\nviolation per day the violation persists up to a maximum of $2,000,000 for a related series of violations.\nFor violations occurring prior to January 4, 2012, the maximum penalty may not exceed $100,000 per\nviolation per day, with a maximum penalty not to exceed $1,000,000 for a related series of violations.\nWe have reviewed the circumstances and supporting documents involved in this case, and have decided\nnot to conduct additional enforcement action or penalty assessment proceedings at this time. We advise\nyou to correct the item identified in this letter. Failure to do so will result in The City of Richmond being\nsubject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to CPF 1-\n2013-0004W, and for each document you submit, please provide a copy in electronic format whenever\npossible, and please whenever possible provide a signed PDF copy in electronic format. Smaller files may\nbe emailed to Byron.Coy@dot.gov. Larger files should be sent on a CD accompanied by the original\npaper copy to the Eastern Region Office.\nBe advised that all material you submit in response to this enforcement action is subject to being made\npublicly available. If you believe that any portion of your responsive material qualifies for confidential\ntreatment under 5 U.S.C. 552(b), along with the complete original document you must provide a second\ncopy of the document with the portions you believe qualify for confidential treatment redacted and an\nexplanation of why you believe the redacted information qualifies for confidential treatment under 5\nU.S.C. 552(b).\nSincerely,\nByron Coy, PE\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\nCc: James Hotinger, VA SCC\n120130004W_WL_09062013 Page 2 of 2","truncated":false,"body_characters":4926}