{"operation":"document","citation":"CPF 120160001W","title":"CHARLOTTESVILLE, CITY OF — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2016-01-11","effective_on":null,"summary":"CLOSED warning letter citing 192.805(b).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120160001w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120160001w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120160001w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120160001W","body":"Warning Letter involving CHARLOTTESVILLE, CITY OF. PHMSA's enforcement data identifies the cited regulation as 192.805(b). The case was opened on 2016-01-11 and is reported as closed as of 2016-01-11. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120160001W_Warning Letter_01112016.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120160001W/120160001W_Warning%20Letter_01112016.pdf\n\n120160001W_Warning Letter_01112016_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120160001W/120160001W_Warning%20Letter_01112016_text.pdf\n\n120160001W_Warning Letter_01112016_text.pdf\n\nWARNING LETTER\nOVERNIGHT EXPRESS DELIVERY\nJanuary 11, 2016\nMs. Lauren Hildebrand\nPublic Utilities Manager\nCity of Charlottesville\n305 4th Street NW\nCharlottesville, VA 22903\nCPF 1-2016-0001W\nDear Ms. Hildebrand:\nOn June 11, 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 (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 item inspected and the\nprobable violation is:\n1. §192.805 Qualification program.\nEach operator shall have and follow a written qualification program. The program shall\ninclude provisions to:\n(a) . . .\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.\nDuring the inspection on June 11, 2015, the VA SCC inspector observed a City employee\nperforming the following covered tasks:\n1. Joining Plastic Pipe by Fusion (PEF 1425 and 1426)\n2. Purging of Pipelines (PEF 1414 and 1418)\nVA SCC checked the City’s Incomplete Qualification Report dated 6/11/2015, which indicated\nthat the City employee’s certification for the tasks referenced above had expired on 12/7/2014\n\n\n\n1-2016-0001W\nand 12/8/2014, respectively. In their response to the VA SCC Notice of Investigation, the City\nstated that “Charlottesville does not contest these findings.”\nEvidence is based on VA SCC Notice of Investigation (NOI) report to the City, and City\nresponses to the 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 1-2016-0001W. 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\n120160001W_Warning Letter_01112016 Page 2 of 2","truncated":false,"body_characters":4355}