# CHARLOTTESVILLE, CITY OF — Warning Letter

- **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:** Not available
- **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.

Official case documents:

120160001W_Warning Letter_01112016.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120160001W/120160001W_Warning%20Letter_01112016.pdf

120160001W_Warning Letter_01112016_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120160001W/120160001W_Warning%20Letter_01112016_text.pdf

120160001W_Warning Letter_01112016_text.pdf

WARNING LETTER
OVERNIGHT EXPRESS DELIVERY
January 11, 2016
Ms. Lauren Hildebrand
Public Utilities Manager
City of Charlottesville
305 4th Street NW
Charlottesville, VA 22903
CPF 1-2016-0001W
Dear Ms. Hildebrand:
On June 11, 2015, an inspector from the Virginia State Corporation Commission (VA SCC)
acting as Agent for the Pipeline and Hazardous Materials Safety Administration (PHMSA),
Office of Pipeline Safety (OPS), pursuant to Chapter 601 of 49 United States Code, inspected the
City of Charlottesville (City) pipeline facilities in Charlottesville, Virginia.
As a result of the inspection, it appears that you have committed probable violations of the
Pipeline Safety Regulations, Title 49, Code of Federal Regulations. The item inspected and the
probable violation is:
1. §192.805 Qualification program.
Each operator shall have and follow a written qualification program. The program shall
include provisions to:
(a) . . .
(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.
During the inspection on June 11, 2015, the VA SCC inspector observed a City employee
performing the following covered tasks:
1. Joining Plastic Pipe by Fusion (PEF 1425 and 1426)
2. Purging of Pipelines (PEF 1414 and 1418)
VA SCC checked the City’s Incomplete Qualification Report dated 6/11/2015, which indicated
that the City employee’s certification for the tasks referenced above had expired on 12/7/2014



1-2016-0001W
and 12/8/2014, respectively. In their response to the VA SCC Notice of Investigation, the City
stated that “Charlottesville does not contest these findings.”
Evidence is based on VA SCC Notice of Investigation (NOI) report to the City, and City
responses to the VA SCC NOI.
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(s) identified in this letter.
Failure to do so will result in the City being subject to additional enforcement action.
No reply to this letter is required. If you choose to reply, please address your correspondence to:
Byron Coy, PE, Director, PHMSA Eastern Region, 820 Bear Tavern Road, Suite 103, W.
Trenton, NJ 08628 and please refer to CPF 1-2016-0001W. 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).
Additionally, if you choose to respond to this (or any other case), please ensure that any response
letter pertains solely to one CPF case number.
Sincerely,
Byron Coy, PE
Director, Eastern Region
Pipeline and Hazardous Materials Safety Administration
Cc: Mr. Massoud Tahamtani, VA SCC
Mr. Jim Fisher, VA SCC
120160001W_Warning Letter_01112016 Page 2 of 2
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