{"operation":"document","citation":"CPF 120150013W","title":"CHARLOTTESVILLE, CITY OF — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2015-09-28","effective_on":null,"summary":"CLOSED warning letter citing 192.361(b).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120150013w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120150013w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120150013w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120150013W","body":"Warning Letter involving CHARLOTTESVILLE, CITY OF. PHMSA's enforcement data identifies the cited regulation as 192.361(b). The case was opened on 2015-09-28 and is reported as closed as of 2015-09-28. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120150013W_Warning Letter_09282015.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120150013W/120150013W_Warning%20Letter_09282015.pdf\n\n120150013W_Warning Letter_09282015_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120150013W/120150013W_Warning%20Letter_09282015_text.pdf\n\n120150013W_Warning Letter_09282015_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 DELIVERY\nSeptember 28, 2015\nMs. Lauren Hildebrand\nPublic Utilities Manager\nCity of Charlottesville\n305 4th Street NW\nCharlottesville, VA 22903\nCPF 1-2015-0013W\nDear Ms. Hildebrand:\nOn June 30, 2015, an inspector from the Virginia State Corporation Commission (VA SCC)\nacting as Agent for the Pipeline and Hazardous Materials Safety Administration (PHMSA),\nOffice of Pipeline Safety (OPS), pursuant to Chapter 601 of 49 United States Code inspected the\nCity of Charlottesville’s (City) pipeline facilities in Charlottesville, Virginia.\nAs a result of the inspection, it appears that you have committed probable violations of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations. The items inspected and the\nprobable violation is:\n1. § 192.361 Service lines: Installation\n(b) Support and backfill. Each service line must be properly supported on undisturbed\nor well-compacted soil, and material used for backfill must be free of materials that\ncould damage the pipe or its coating.\nThe City failed to use material for backfill that was free of materials that could damage the\npipe.\nOn June 30, 2015, the VA SCC inspected the new HDPE plastic service line installation at\n2245 Seminole Lane, Charlottesville, Virginia. The VA SCC inspector observed that the ½\ninch diameter service line installed by the City was backfilled with fill containing rocks. The\nVA SCC inspector requested that the City expose the entire 27 foot length of the new service\nline. The VA SCC inspector found that rocks were resting directly against the new line, and\nthat the line was not bedded or padded to protect it from the rocky soil conditions.\nSubsequently, the City appropriately bedded and padded the line with rock dust.\nEvidence is based on VA SCC Notice of Investigation (NOI) to the City, and City response to\n\n\n\n1-2015-0013W\nthe VA SCC NOI.\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(s) identified in this letter.\nFailure to do so will result in the City being subject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, please address your correspondence to:\nByron Coy, PE, Director, PHMSA Eastern Region, 820 Bear Tavern Road, Suite 103, W.\nTrenton, NJ 08628 and please refer to CPF 1-2015-0013W. Be advised that all material you\nsubmit in response to this enforcement action is subject to being made publicly available. If you\nbelieve that any portion of your responsive material qualifies for confidential treatment under 5\nU.S.C. 552(b), along with the complete original document you must provide a second copy of\nthe 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\nunder 5 U.S.C. 552(b).\nAdditionally, if you choose to respond to this (or any other case), please ensure that any response\nletter pertains solely to one CPF case number.\nSincerely,\nByron Coy, PE\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\nCc: Mr. Massoud Tahamtani, VA SCC\nMr. Jim Fisher, VA SCC\n120150013W_Warning Letter_09282015 Page 2 of 2","truncated":false,"body_characters":4570}