# CHARLOTTESVILLE, CITY OF — Warning Letter

- **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:** Not available
- **summary:** CLOSED warning letter citing 192.805(b), 199.1.
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- **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.

Official case documents:

120130007W_Warning Letter_12092013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120130007W/120130007W_Warning%20Letter_12092013.pdf

120130007W_Warning Letter_12092013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120130007W/120130007W_Warning%20Letter_12092013_text.pdf

120130007W_Warning Letter_12092013_text.pdf

U.S. Department Of Transportation Pipeline and 609.989.2171
Hazardous Materials
Safety Administration
820 Bear Tavern Road, Suite 103
West Trenton, NJ 08628
WARNING LETTER
OVERNIGHT EXPRESS MAIL
December 09, 2013
Ms. Lauren Hildebrand, P.E.
Director of Public Utilities
City of Charlottesville
305 4th Street, NW
Charlottesville, VA 22903
CPF 1-2013-0007W
Dear Ms. Hildebrand:
Between January 23, 2012 and December 13, 2012 , State inspectors from the Virginia State
Corporation Commission (VA SCC) acting as Agent for the Pipeline and Hazardous Materials
Safety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected
your pipeline facilities in Charlottesville, VA.
As a result of the inspection, it appears that you have committed a probable violation of the
Pipeline Safety Regulations, Title 49, Code of Federal Regulations. The items inspected and the
probable violation is:
1. § 199.1 Scope.
This part requires operators of pipeline facilities subject to part 192, 193, or 195 of
this chapter to test covered employees for the presence of prohibited drugs and alcohol.
The City of Charlottesville, VA (City) failed to verify that covered employees have been tested
for the presence of prohibited drugs and alcohol. Specifically, the City did not verify that
personnel responsible for maintaining the pressure control and over pressure protection
equipment that was specifically placed to protect the City’s pipeline facilities in Free Union,
Virginia, were covered under an approved drug and alcohol program. The associated equipment
and maintenance personnel are provided by the City’s gas supplier, Columbia Gas Transmission.



1-2013-0007W
PHMSA Eastern Region is aware of, and has reviewed, VA SCC and City correspondence in late
2012 addressing the drug and alcohol testing issue.
2. § 192.805 Qualification program.
(b) Ensure through evaluation that individuals performing covered tasks are qualified;
The City failed to ensure through evaluation that individuals performing covered tasks are
qualified. Specifically, the City did not verify that personnel responsible for maintaining the
pressure control and over pressure protection equipment that was specifically placed to protect
the City’s pipeline facilities in Free Union, Virginia, were covered under an approved OQ plan.
The associated equipment and maintenance personnel are provided by the City’s gas supplier,
Columbia Gas Transmission.
PHMSA Eastern Region is aware of, and has reviewed, VASCC and City correspondence in late
2012 addressing the operator qualification issue.
Under 49 United States Code, § 60122, you are subject to a civil penalty not to exceed $200,000
per violation per day the violation persists up to a maximum of $2,000,000 for a related series of
violations. For violations occurring prior to January 4, 2012, the maximum penalty may not
exceed $100,000 per violation per day, with a maximum penalty not to exceed $1,000,000 for a
related series of violations. We have reviewed the circumstances and supporting documents
involved in this case, and have decided not to conduct additional enforcement action or penalty
assessment proceedings at this time. We advise you to correct the item identified in this letter.
Failure to do so will result in City of Charlottesville being subject to additional enforcement
action.
No reply to this letter is required. If you choose to reply, in your correspondence please refer to
CPF 1-2013-0007W. Be advised that all material you submit in response to this enforcement
action is subject to being made publicly available. If you believe that any portion of your
responsive material qualifies for confidential treatment under 5 U.S.C. 552(b), along with the
complete original document you must provide a second copy of the document with the portions
you believe qualify for confidential treatment redacted and an explanation of why you believe
the redacted information qualifies for confidential treatment under 5 U.S.C. 552(b).
Sincerely,
Byron Coy, PE
Director, Eastern Region
Pipeline and Hazardous Materials Safety Administration
Cc: James Hotinger, VA SCC
120130007W_WL_12092013 Page 2 of 2
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