{"operation":"document","citation":"CPF 120130007W","title":"CHARLOTTESVILLE, CITY OF — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2013-12-09","effective_on":null,"summary":"CLOSED warning letter citing 192.805(b), 199.1.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120130007w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120130007w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120130007w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120130007W","body":"Warning Letter involving CHARLOTTESVILLE, CITY OF. PHMSA's enforcement data identifies the cited regulations as 192.805(b),  199.1. The case was opened on 2013-12-09 and is reported as closed as of 2013-12-09. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120130007W_Warning Letter_12092013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120130007W/120130007W_Warning%20Letter_12092013.pdf\n\n120130007W_Warning Letter_12092013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120130007W/120130007W_Warning%20Letter_12092013_text.pdf\n\n120130007W_Warning Letter_12092013_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\nOVERNIGHT EXPRESS MAIL\nDecember 09, 2013\nMs. Lauren Hildebrand, P.E.\nDirector of Public Utilities\nCity of Charlottesville\n305 4th Street, NW\nCharlottesville, VA 22903\nCPF 1-2013-0007W\nDear Ms. Hildebrand:\nBetween January 23, 2012 and December 13, 2012 , State inspectors from the Virginia State\nCorporation Commission (VA SCC) acting as Agent for the Pipeline and Hazardous Materials\nSafety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected\nyour pipeline facilities in Charlottesville, VA.\nAs a result of the inspection, it appears that you have committed a probable violation of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations. The items inspected and the\nprobable violation is:\n1. § 199.1 Scope.\nThis part requires operators of pipeline facilities subject to part 192, 193, or 195 of\nthis chapter to test covered employees for the presence of prohibited drugs and alcohol.\nThe City of Charlottesville, VA (City) failed to verify that covered employees have been tested\nfor the presence of prohibited drugs and alcohol. Specifically, the City did not verify that\npersonnel responsible for maintaining the pressure control and over pressure protection\nequipment that was specifically placed to protect the City’s pipeline facilities in Free Union,\nVirginia, were covered under an approved drug and alcohol program. The associated equipment\nand maintenance personnel are provided by the City’s gas supplier, Columbia Gas Transmission.\n\n\n\n1-2013-0007W\nPHMSA Eastern Region is aware of, and has reviewed, VA SCC and City correspondence in late\n2012 addressing the drug and alcohol testing issue.\n2. § 192.805 Qualification program.\n(b) Ensure through evaluation that individuals performing covered tasks are qualified;\nThe City failed to ensure through evaluation that individuals performing covered tasks are\nqualified. Specifically, the City did not verify that personnel responsible for maintaining the\npressure control and over pressure protection equipment that was specifically placed to protect\nthe City’s pipeline facilities in Free Union, Virginia, were covered under an approved OQ plan.\nThe associated equipment and maintenance personnel are provided by the City’s gas supplier,\nColumbia Gas Transmission.\nPHMSA Eastern Region is aware of, and has reviewed, VASCC and City correspondence in late\n2012 addressing the operator qualification issue.\nUnder 49 United States Code, § 60122, you are subject to a civil penalty not to exceed $200,000\nper violation per day the violation persists up to a maximum of $2,000,000 for a related series of\nviolations. For violations occurring prior to January 4, 2012, the maximum penalty may not\nexceed $100,000 per violation per day, with a maximum penalty not to exceed $1,000,000 for a\nrelated series of violations. We have reviewed the circumstances and supporting documents\ninvolved in this case, and have decided not to conduct additional enforcement action or penalty\nassessment proceedings at this time. We advise you to correct the item identified in this letter.\nFailure to do so will result in City of Charlottesville being subject to additional enforcement\naction.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\nCPF 1-2013-0007W. Be advised that all material you submit in response to this enforcement\naction is subject to being made publicly available. If you believe that any portion of your\nresponsive material qualifies for confidential treatment under 5 U.S.C. 552(b), along with the\ncomplete original document you must provide a second copy of the document with the portions\nyou believe qualify for confidential treatment redacted and an explanation of why you believe\nthe redacted information qualifies for confidential treatment under 5 U.S.C. 552(b).\nSincerely,\nByron Coy, PE\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\nCc: James Hotinger, VA SCC\n120130007W_WL_12092013 Page 2 of 2","truncated":false,"body_characters":4827}