{"operation":"document","citation":"CPF 120150011","title":"RICHMOND, CITY OF — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2015-09-03","effective_on":null,"summary":"CLOSED notice of probable violation citing 192.725(b).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120150011.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120150011.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120150011","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120150011","body":"Notice of Probable Violation involving RICHMOND, CITY OF. PHMSA's enforcement data identifies the cited regulation as 192.725(b). The case was opened on 2015-09-03 and is reported as closed as of 2016-06-16. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120150011_Closure Letter_06162016.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120150011/120150011_Closure%20Letter_06162016.pdf\n\n120150011_Closure Letter_06162016_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120150011/120150011_Closure%20Letter_06162016_text.pdf\n\n120150011_Final Order_04262016.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120150011/120150011_Final%20Order_04262016.pdf\n\n120150011_Final Order_04262016_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120150011/120150011_Final%20Order_04262016_text.pdf\n\n120150011_NOPV_PCO_09032015.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120150011/120150011_NOPV_PCO_09032015.pdf\n\n120150011_NOPV_PCO_09032015_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120150011/120150011_NOPV_PCO_09032015_text.pdf\n\n120150011_Operator Response to Notice_12172015.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120150011/120150011_Operator%20Response%20to%20Notice_12172015.pdf\n\n120150011_Closure Letter_06162016_text.pdf\n\nOVERNIGHT EXPRESS DELIVERY\nJune 16, 2016\nMr. Robert Steidel\nDirector, City of Richmond\nDepartment of Public Utilities\n730 East Broad Street\nRichmond, VA 23219\nCPF 1-2015-0011\nDear Mr. Steidel:\nOn April 26, 2016, the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued\nto the City of Richmond, Virginia (City) a Final Order in the above-referenced case. This Order\nincluded a Compliance Order. Based on our review of the documentation the City provided, it has\nbeen determined that the City has complied with the terms of this Order.\nAccordingly, this case is now closed and no further action is contemplated with respect to the\nmatters involved in this case. Thank you for your cooperation in this matter.\nSincerely,\nByron Coy, PE\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\nCc: Mr. Massoud Tahamtani, VA SCC\nMr. Jim Fisher, VA SCC\nMr. Drew Eaken, VA SCC\n\n120150011_Final Order_04262016_text.pdf\n\nApril 26, 2016\nMr. Robert Steidel\nDirector\nCity of Richmond\nDepartment of Public Utilities\n730 East Broad Street\nRichmond, VA 23219\nRe: CPF No. 1-2015-0011\nDear Mr. Steidel:\nEnclosed please find the Final Order issued in the above-referenced case. It makes a finding of\nviolation and specifies actions that need to be taken by the City of Richmond to comply with the\npipeline safety regulations. When the terms of the compliance order have been completed, as\ndetermined by the Director, Eastern Region, this enforcement action will be closed. Service of\nthe Final Order by certified mail is deemed effective upon the date of mailing, or as otherwise\nprovided under 49 C.F.R. § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nJeffrey D. Wiese\nAssociate Administrator\nfor Pipeline Safety\nEnclosure\ncc: Mr. Byron Coy, Director, Eastern Region, OPS\nMr. Massoud Tahamtani, Director, Virginia State Corporation Commission, Division of\nUtility and Railroad Safety, P.O. Box 1197, Richmond, VA 23218-1197\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\nIn the Matter of )\nCity of Richmond, Virginia ) CPF No. 1-2015-0011\na municipal corporation, )\nRespondent. )\n)\n)\n)\n)\nFINAL ORDER\nOn February 12, 2015, pursuant to 49 U.S.C. § 60117, a representative of the Virginia State\nCorporation Commission (VA SCC), acting as an agent of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA), Office of Pipeline Safety (OPS), conducted an on-site pipeline\nsafety inspection of the facilities and records of the City of Richmond (City or Respondent) in\nRichmond, Virginia. The City of Richmond’s system is a municipally-owned gas distribution\nsystem consisting of approximately 1,865 miles of main pipelines and 91,487 miles of service\npipelines.1\nAs a result of the inspection, the Director, Eastern Region, OPS (Director), issued to Respondent,\nby letter dated September 3, 2015, a Notice of Probable Violation and Proposed Compliance\nOrder (Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed finding that the\nCity had violated 49 C.F.R. § 192.725(b) and proposed ordering Respondent to take certain\nmeasures to correct the alleged violation.\nThe City responded to the Notice by letter dated December 17, 2015 (Response). The City did\nnot contest the allegation of violation, but provided information concerning the corrective actions\nit had taken and submitted copies of its relevant procedures. Respondent did not request a\nhearing and, therefore, has waived its right to one.\n1 See Pipeline Safety Violation Report (Violation Report), (July 16, 2014) (on file with PHMSA), at 1.\n\n\n\nCPF No. 1-2015-0011\n2\nFINDING OF VIOLATION\nIn its Response, the City did not contest the allegation in the Notice that it violated 49 C.F.R.\nPart 192, as follows:\nItem 1: The Notice alleged that Respondent violated 49 C.F.R. § 192.725(b), which states:\n§ 192.725 Test requirements for reinstating service lines.\n(a) ….\n(b) Each service line temporarily disconnected from the main must be\ntested from the point of disconnection to the service line valve in the same\nmanner as a new service line, before reconnecting. However, if provisions\nare made to maintain continuous service, such as by installation of a\nbypass, any part of the original service line used to maintain continuous\nservice need not be tested.\nThe Notice alleged that Respondent violated 49 C.F.R. § 192.725(b) by failing to test each\nservice line temporarily disconnected from the main from the point of disconnection to the\nservice line valve in the same manner as a new service line, before reconnecting. Specifically,\nthe Notice alleged that the Respondent failed to pressure test two lines after each was installed\nprior to reconnecting the lines to the main. The Notice stated the lines were disconnected on\nMay 13, 2014 and November 8, 2014, respectively, but pressure tests were not conducted on\neither line until after the VA SCC inspection on February 12, 2015.\nRespondent did not contest this allegation of violation. Accordingly, based upon a review of all\nof the evidence, I find that Respondent violated 49 C.F.R. § 192.725(b) by failing to test two\nservice lines that had been disconnected from the main prior to reconnecting.\nThis finding of violation will be considered a prior offense in any subsequent enforcement action\ntaken against Respondent.\nCOMPLIANCE ORDER\nThe Notice proposed a compliance order with respect to Item 1 in the Notice for violation of\n49 C.F.R. § 192.725(b). Under 49 U.S.C. § 60118(a), each person who engages in the\ntransportation of gas or who owns or operates a pipeline facility is required to comply with the\napplicable safety standards established under chapter 601. The Director has indicated that\nRespondent has taken the following action specified in the proposed compliance order:\n1. With respect to the violation of § 192.725(b) (Item 1), Respondent has provided\nrelevant portions of its Utility Natural Gas Procedures Manual and its City Operator\nQualification (OQ) materials and training guides used to qualify personnel\nresponsible for leak repairs and reinstating service on the City’s service lines.\n\n\n\nCPF No. 1-2015-0011\n3\nAccordingly, I find that compliance has been achieved with respect to this violation, in part.\nTherefore, a portion of the compliance terms proposed in the Notice for Item 1 are not included\nin this Order.\nAs for the remaining compliance terms, pursuant to the authority of 49 U.S.C. § 60118(b) and\n49 C.F.R. § 190.217, Respondent is ordered to take the following actions to ensure compliance\nwith the pipeline safety regulations applicable to its operations:\n1. With respect to the violation of § 192.725(b) (Item 1), Respondent shall conduct\nrefresher training for all personnel responsible for leak repairs and reinstating service\non City service lines.\n2. The City shall submit documentation that training was completed to PHMSA\nEastern Region within 180 days of receipt of this Final Order. The documentation\nshall include at minimum: name(s) of instructor(s), names of trainees, date(s) of\ntraining, and trainee signatures.\n3. It is requested (not mandated), that Respondent maintain documentation of the\nsafety improvement costs associated with fulfilling this Final Order and submit the\ntotal to Mr. Byron Coy, Director, Eastern Region, Pipeline and Hazardous Materials\nSafety Administration. It is requested these costs be reported in two categories:\n1) total costs associated with preparation/revision of plans, procedures, studies and\nanalyses; and 2) total cost associated with replacements, additions and other changes\nto pipeline infrastructure.\nThe Director may grant an extension of time to comply with any of the required items upon a\nwritten request timely submitted by the Respondent and demonstrating good cause for an\nextension.\nFailure to comply with this Order may result in administrative assessment of civil penalties not\nto exceed $200,000 for each violation for each day the violation continues or in referral to the\nAttorney General for appropriate relief in a district court of the United States.\nThe terms and conditions of this Final Order are effective upon service in accordance with\n49 C.F.R. § 190.5.\n__________________________________ ________________________\nJeffrey D. Wiese Date Issued\nAssociate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":9792}