{"operation":"document","citation":"CPF 120160005","title":"RICHMOND, CITY OF — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2016-10-13","effective_on":null,"summary":"CLOSED notice of probable violation citing 192.605(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120160005.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120160005.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120160005","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120160005","body":"Notice of Probable Violation involving RICHMOND, CITY OF. PHMSA's enforcement data identifies the cited regulation as 192.605(a). The case was opened on 2016-10-13 and is reported as closed as of 2018-12-04. Proposed civil penalty: $51,800. Assessed civil penalty: $0. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120160005_Closure Letter_12042018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120160005/120160005_Closure%20Letter_12042018.pdf\n\n120160005_Closure Letter_12042018_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120160005/120160005_Closure%20Letter_12042018_text.pdf\n\n120160005_Consent Agreement and Order_11302018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120160005/120160005_Consent%20Agreement%20and%20Order_11302018.pdf\n\n120160005_Consent Agreement and Order_11302018_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120160005/120160005_Consent%20Agreement%20and%20Order_11302018_text.pdf\n\n120160005_NOPV PCP_10132016.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120160005/120160005_NOPV%20PCP_10132016.pdf\n\n120160005_NOPV PCP_10132016_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120160005/120160005_NOPV%20PCP_10132016_text.pdf\n\n120160005_Operator Response to Notice and Request for Hearing_11292016.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120160005/120160005_Operator%20Response%20to%20Notice%20and%20Request%20for%20Hearing_11292016.pdf\n\n120160005_Closure Letter_12042018_text.pdf\n\nOVERNIGHT EXPRESS DELIVERY\nDecember 4, 2018\nMr. Calvin D. Farr\nDirector of Public Utilities\nCity of Richmond\n900 East Broad Street, Suite 400\nRichmond, VA 23219\nCPF 1-2016-0005\nDear Mr. Farr:\nOn November 30, 2018, the Pipeline and Hazardous Materials Safety Administration (PHMSA)\nissued to the City of Richmond a Consent Agreement and Order in the above-referenced case. This\nConsent Agreement and Order included terms of settlement and work plan. It has been determined\nthat you have complied with the terms of this Consent Agreement and 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,\nRobert Burrough\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\n\n120160005_Consent Agreement and Order_11302018_text.pdf\n\nNovember 30, 2018\nMr. Calvin D. Farr\nDirector of Public Utilities\nCity of Richmond\n900 East Broad Street, Suite 400\nRichmond, VA 23219\nRe: CPF No. 1-2016-0005\nDear Mr. Farr:\nEnclosed please find a copy of the fully-executed Consent Agreement and Order issued in the\nabove-referenced case. It contains terms of settlement pursuant to 49 C.F.R. § 190.219 and\nincludes a work plan for the development and implementation of a natural gas training program\nfor the City of Richmond.\nWhen the terms of the work plan have been completed, as determined by the Director, Eastern\nRegion, this enforcement action will be closed. The effective date of this agreement is\nNovember 9, 2018, the date on which the City signed the agreement. You will note that our\nOffice of Chief Counsel has stamped the “November 9, 2018” date on the signature page of\nPHMSA’s executed original and has enclosed a photocopy of the stamped agreement for your\nfiles. Service of the Consent Agreement and Order by certified mail is effective upon the date of\nmailing as provided under 49 C.F.R. § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nAlan K. Mayberry\nAssociate Administrator\nfor Pipeline Safety\nEnclosure\ncc: Mr. Robert Burrough, Director, Eastern Region, Office of Pipeline Safety, PHMSA\nMr. David B. Kearney, Senior Assistant City Attorney, City of Richmond\nMr. Alfred Scott, Deputy Director, Gas Maintenance and Streetlighting, City of\nRichmond\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, DC 20590\nIn the Matter of )\nCity of Richmond, Virginia, ) CPF No. 1-2016-0005\na municipal corporation, )\nRespondent. )\n)\n)\n)\n)\nCONSENT AGREEMENT AND ORDER\nOn February 3, 2016, pursuant to Chapter 601 of 49 United States Code, inspectors from the\nVirginia State Corporation Commission (VA SCC), acting as agents for the Pipeline and\nHazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS),\ninspected the City of Richmond’s (the City or Respondent) pipeline facilities in Richmond,\nVirginia. The City’s pipeline facilities consist of more than 1900 miles of distribution mains and\neight gate stations to supply gas at necessary pressures.\nAs a result of this inspection, the Director, Eastern Region, Office of Pipeline Safety (Director),\nissued to Respondent, by letter dated October 13, 2016, a Notice of Probable Violation and\nProposed Civil Penalty (the Notice). A copy of the Notice is attached hereto as Appendix A. In\naccordance with 49 C.F.R. §190.207, the Notice proposed finding that Respondent had\ncommitted one violation of 49 C.F.R. Part 192 and proposed assessing a civil penalty of $51,800\nfor the alleged violation.\nThe City responded to the Notice by letter dated November 14, 2016 (Response). The Response\nproposed to resolve this matter via an administrative consent agreement requiring the City to\nexpend a minimum of $110,000 to develop and implement a Natural Gas Training Program\n(Training Program), including development of training qualifications software.\nHaving agreed that settlement of this proceeding will avoid further administrative proceedings or\nlitigation, pursuant to 49 C.F.R. Part 190, and upon consent and agreement of Respondent and\nPHMSA (collectively, the Parties), the Parties hereby agree as follows:\nA. General Provisions.\n1. Respondent acknowledges that its pipeline system is subject to the jurisdiction of\nthe federal Pipeline Safety Laws, 49 U.S.C. 60101, et seq., and the regulations and administrative\norders issued thereunder. As used in this Consent Agreement and Order (Agreement), the terms\n“pipeline system” and “pipeline facility” shall be defined as in 49 C.F.R. Part 192. Respondent\n\n\n\nCPF No. 1-2016-0005\nPage 3\nacknowledges that it received proper notice of PHMSA’s action in this proceeding and that the\nNotice states claims upon which relief may be granted pursuant to 49 U.S.C. 60101, et seq., and\nthe regulations and orders issued thereunder.\n2. Respondent consents to the issuance of this Agreement and hereby waives any\nfurther procedural requirements with respect to its issuance. Respondent waives all rights to\ncontest the adequacy of notice or the validity of this Agreement, including all rights to\nadministrative or judicial hearings, reviews, or appeals.\n3. This Agreement shall apply to and be binding upon PHMSA and Respondent, its\nofficers, directors, and employees, and its successors, assigns, or other entities or persons\notherwise bound by law. Respondent agrees to provide a copy of this Agreement and any\nincorporated work plans and schedules to all City officers, employees, agents, and successors-in-\ninterest whose duties might reasonably include compliance with this Agreement.\n4. This Agreement constitutes the final, complete, and exclusive agreement and\nunderstanding between the Parties with respect to the settlement embodied in this Agreement, and\nthe Parties acknowledge that there are no representations, agreements, or understandings relating\nto the settlement other than those expressly contained in this Agreement and its appendices.\n5. Nothing in this Agreement affects or relieves the City of its responsibility to\ncomply with all applicable requirements of the federal Pipeline Safety Laws, 49 U.S.C. § 60101,\net seq., and the regulations and orders issued thereunder. Nothing in this Agreement alters\nPHMSA’s right of access, entry, inspection, and information-gathering or its authority to bring\nany enforcement action against Respondent pursuant to the federal Pipeline Safety Laws, the\nregulations and orders issued thereunder, or any other provision of federal or state law.\n6. This Agreement does not waive or modify any federal, state, or local laws or\nregulations that are applicable to the City or its pipeline system. This Agreement is not a permit,\nor a modification of any permit, under any federal, state, or local laws or regulations. Respondent\nremains responsible for achieving and maintaining compliance with all applicable federal, state,\nand local laws, regulations and permits.\n7. This Agreement does not create rights in, or grant any cause of action to, any third\nparty not a party to this Agreement. The U.S. Department of Transportation (DOT) is not liable\nfor any injuries or damages to persons or property arising from acts or omissions of Respondent\nor its officers, employees, agents, or successors-in-interest in carrying out the work required by\nthis Agreement.\n8. The Parties agree that the facts as alleged in the Notice are true and correct and\nmay be considered by PHMSA to be a prior offense in any future PHMSA enforcement action\ntaken against the City.\n9. Respondent agrees to complete the corrective actions specified in Section B\n(Additional Work to be Performed) of this Agreement.\n\n\n\nCPF No. 1-2016-0005\nPage 4\n10. Respondent agrees that the activities described in Section B of this Agreement, and\nin all work plans and schedules incorporated thereunder, are not already required by any federal,\nstate, or local law or regulation and do not include actions which Respondent would likely be\nrequired to perform:\na. as injunctive relief, including as a mitigation project, in the instant case;\nb. as injunctive relief in any other existing legal action initiated by PHMSA or\nany other regulatory agency against Respondent;\nc. as part of an existing settlement or order in another legal action; or\nd. under any other federal, state, or local requirement.\nB. Additional Work to be Performed.\n11. Respondent agrees to perform the actions set forth in the Work Plan, incorporated\nherein as Appendix B to this Agreement. Respondent will complete the actions described in\nPart 2 of the Work Plan (General Information and Proposed Action Description) and will adhere\nto the schedule set forth in Part 3 of the Work Plan (Project Schedule).\n12. Respondent agrees to revise the Work Plan as necessary to incorporate new\ninformation obtained during the evaluations and remedial activities performed under the Work\nPlan. Respondent shall submit any such plan revisions to the Director for prior approval. The\nDirector may approve Work Plan revision elements incrementally.\n13. The Director may grant an extension of time for completion of any of the work to\nbe performed under this Section B (Additional Work to be Performed) upon Respondent’s timely,\nwritten request that demonstrates both good cause for an extension and provides sufficient detail\nto enable the Director to evaluate Respondent’s request.\n14. Respondent agrees to maintain documentation of the costs associated with\nimplementation of the Work Plan and agrees to make this information available to PHMSA upon\nrequest.\nC. Review and Approval Process.\n15. With respect to any submission by the City under Section B (Additional Work to\nbe Performed) of this Agreement that requires the approval of the Director, the Director may:\n(a) approve the submission, in whole or in part; (b) disapprove the submission on specified\nconditions; (c) disapprove the submission, in whole or in part; or (d) undertake any combination\nof the foregoing. In the event of approval in whole, in part, or upon conditions, the City will\nproceed to take all actions required by the submission as modified by the Director, subject to\nRespondent’s right to invoke the procedures in Section D (Dispute Resolution) with respect to any\nconditions identified by the Director. In the event that the Director does not approve all or any\nportion of a submission, the Director will provide the City with a written notice of the\ndeficiencies. Respondent will correct all deficiencies within the time specified by the Director and\n\n\n\nCPF No. 1-2016-0005\nPage 5\nresubmit it for acceptance. If Respondent fails to correct the specified deficiencies, the Director\nmay invoke the dispute resolution process provided in Section D below.\nD. Dispute Resolution.\n16. The Director and Respondent will attempt to informally resolve any disputes\narising under this Agreement. If the City and the Director are unable to informally resolve the\ndispute within 15 business days, Respondent may request in writing, within 10 business days, a\nwritten determination resolving the dispute by the Associate Administrator for Pipeline Safety,\nPHMSA. Along with its request, Respondent will provide the Associate Administrator with all\ninformation Respondent believes is relevant to the dispute. If the request is submitted as\nprovided herein, the Associate Administrator will issue a written determination that shall\nconstitute final agency action. The existence of a dispute and PHMSA’s consideration of\nmatters placed in dispute shall not excuse, toll, or suspend any term or timeframe for completion\nof any work to be performed under this Agreement during the pendency of the dispute resolution\nprocess, except as agreed by the Regional Director or the Associate Administrator in writing.\nE. Enforcement.\n17. This Agreement, including all plans and schedules incorporated by reference, is\nsubject to all enforcement authorities available to PHMSA under 49 U.S.C. §60101, et seq., and\n49 C.F.R. Part 190, including administrative civil penalties under 49 U.S.C. §60122, of up to\n$200,000 per violation for each day the violation continues and referral of the case to the\nAttorney General for judicial enforcement, if PHMSA determines that Respondent is not\ncomplying with the terms of this Agreement in accordance with determinations made by the\nDirector, or if appealed, in accordance with decisions of the Associate Administrator. The\nmaximum civil penalty amounts are adjusted annually for inflation. See, e.g., Pipeline Safety:\nInflation Adjustment of Maximum Civil Penalties, 82 Fed. Reg. 19325 (April 27, 2017). All\nother work plans and associated schedules developed under Section B shall be automatically\nincorporated into this Agreement and are enforceable in the same manner.\nF. Civil Penalties.\n18. PHMSA agrees to withdraw the proposed civil penalty for Item 1 in the Notice, in\nexchange for completion of the Project Schedule outlined in Part 3 of the Work Plan.\n19. If the Work Plan is not implemented within the timeframe contemplated in the\nProject Schedule, subject to any extensions approved by the Director, PHMSA reserves the right\nto take further enforcement action, including assessment of the civil penalty proposed in the\nNotice.\nG. Miscellaneous.\n20. Respondent agrees to maintain records demonstrating compliance with all\nrequirements of this Agreement for a period of at least five years following completion of all\nwork to be performed. PHMSA and the VA SCC will have the right to inspect the records and\nfacilities of the City, or any contractor, agent, or successor-in-interest thereof, upon reasonable\n\n\n\nCPF No. 1-2016-0005\nPage 6\nnotice, to confirm that the compliance terms of this Agreement are being undertaken in\nconformity with the terms of this Agreement.\n21. Except as otherwise provided herein, this Agreement may be modified only by the\nmutual agreement of the Parties as set forth in writing and signed by the Parties.\n22. Each undersigned representative of the Parties certifies that he or she is fully\nauthorized by the party represented to enter into the terms and conditions hereof and to execute\nand legally bind that party to it.\n23. Respondent certifies that it is not a party to any open federal financial assistance\ntransaction that is funding or could fund the same activities described in this Agreement,\nincluding all activities described in the Work Plan or any other incorporated plan or schedule.\nRespondent further certifies that it has inquired of City departments and of any parties acting on\nthe behalf of the City whether they are a party to any open federal financial assistance transaction\nthat is funding or could fund the same activities described in this Agreement, and has been\ninformed by said parties that they are not subject to such a transaction.\nH. Effective Date and Term.\n24. The “Effective Date,” as used herein, is the date on which this Agreement is\nsigned by both Respondent and PHMSA. Unless otherwise specified, all deadlines for actions\nrequired by the Agreement run from the Effective Date.\nI. Termination.\n25. This Agreement will terminate upon the completion of all terms set forth in\nSection B (Additional Work to Be Performed), as determined by the Director. Respondent may\nrequest, and PHMSA will provide, written confirmation of the termination of this Agreement.\nNothing in this Agreement prevents Respondent from completing any of the obligations earlier than\nthe deadlines provided for herein.\nThe Parties hereby agree to all conditions and terms of this Agreement:\nFor PHMSA: For City of Richmond, Virginia:\n_______________________________ _________________________________\nAlan K. Mayberry Robert Steidel\nAssociate Administrator for Deputy Chief Administrative Officer for\nPipeline Safety, PHMSA Operations, City of Richmond, VA\n\n\n\nCPF No. 1-2016-0005\nPage 7\nAPPENDIX A\n\n\n\nCPF No. 1-2016-0005\nPage 8\nAPPENDIX B\n\n\n\nCPF No. 1-2016-0005\nPage 9\nWork Plan for the Development and Implementation of a Natural Gas Training Program\nCity of Richmond, Virginia\nCPF 1-2016-0005\n1. Introduction.\nThe U.S. Department of Transportation's Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) has allowed the City of Richmond, Virginia (the City) the opportunity\nto perform the following supplemental safety actions as an alternative to paying a proposed civil\npenalty for a violation of the pipeline safety regulations in 49 C.F.R. Part 192. The City is to\nperform these risk-mitigating safety actions relative to the violation to enhance the continued\nsafe operations of the City’s distribution of natural gas and to provide value that offsets the\nproposed civil penalties. PHMSA and the City agree that the actions set forth below provide\nsafety and/or environmental value beyond the enforcement of the proposed civil penalty, and the\nCity has entered into a Consent Agreement and Order (Agreement) with PHMSA to perform the\nproposed actions within agreed-upon timeframes.\n2. General Information and Proposed Action Description.\nPHMSA’s Notice of Probable Violation in CPF 1-2016-0005 identified one probable violation\nand included a proposed civil penalty. PHMSA alleged that the City failed to follow a manual\nof written procedures for conducting maintenance activities. Specifically, the City allegedly\nfailed to follow its Natural Gas Procedures Manual (“O&M Manual”) Volume II, Chapter 7,\nSection V, paragraph E, Services.\nParagraph E.2 of the O&M Manual states that, “When a service line (2-inch diameter or less) is\nto be abandoned in place, but the main is to continue in use, the service shall be physically\ndisconnected from the main, at the main” [emphasis added].\nDuring the inspection conducted on February 3, 2016, the Virginia State Corporation\nCommission (VA SCC) reviewed the City’s leak inspection records for 2015. The records\nindicated that a one (1) inch diameter steel gas line to 5001 Patterson Avenue had a grade 1 leak\nreported on September 28, 2015. According to the VA SCC, a new plastic service line had been\ninstalled on November 3, 2011 to replace the steel gas line. The steel line was not abandoned at\nthe main in accordance with City of Richmond procedures when the new plastic line was\ninstalled. The City properly abandoned the steel line at the main during the September 28, 2015\nleak call.\nDuring the City’s April 2016 cast iron renewal meeting, the City reviewed the O&M Manual\nwith respect to services with all of the construction inspectors and contractors responsible for\nperforming this task, to ensure that all services are being abandoned at the main.\nThe City has reviewed potential remedial actions that the City can perform and use in the\ndevelopment of the Agreement with PHMSA. Following consideration, the City has determined\nthat the best remedial action aligned with the probable violation is for the City to develop and\nimplement a comprehensive Natural Gas Training Program (“Training Program”) for all City gas\nutility construction and maintenance personnel. The Training Program will focus on the City gas\n\n\n\nCPF No. 1-2016-0005\nPage 10\nutility's O&M procedures and on qualification of the City's operators, to ensure compliance with\n49 CFR Part 192. The Training Program will include retraining for City personnel on safe\nabandonment of service lines connected to still-functioning mains. A City of Richmond gas utility\nSenior Training Specialist shall be responsible for coordination, development and implementation\nof the Training Program. The City shall perform all training on-site in a classroom setting. The\nCity shall document records of attendance and training content.\n3.\nTraining Program Project Schedule.\nEstimated Schedule\nTraining Program Development:\nMarch 31, 2018\nTraining Facility Construction Completion:\nNovember 7, 20171\nFull Training Program Implementation:\nMarch 31, 20182\nCosts.\nConstruction costs:\n$457,517.22\nb. Additional costs (see table below):\n$267,765.15\nTotal Expenditures\n$725,282.373\nSelected Vendor\nDescription\nAmount\nTotal for\nVendor\nBarco Products\nbench, outside table, etc\n$3.959.67\n$3,959.67\nConsolidated Pipe\nelectrofusion machine\n4,200.00\n4,200.00\n& Supply\nFastenal\nair tower w/ reserve tank and dryer\n4,858.05\nconstant flow compressor\n4,755.05\n2.613.10\nFence Scapes\nchain link fence\n1,400.00\nfence w/ double gate\n4,900.00\n6,300.00\nGrainger\ncarport kit\n7392.20\nshelving, etc.\n2,882.42\nflammables storage cabinet\n1,388.50\nmain. The Training Facility is located at 2900 Caldwell Road in Richmond.\n\" Including installation of 460 feet of 2-inch polyethylene and 260 feet of 2-inch steel intermediate pressure gas\n2 The City anticipates the bid solicitation package will be forwarded to the City's Department of Procurement by\nNovember 30, 2017, with contract implementation by March 31, 2018.\n3 The Total Expenditures do not reflect the City's personnel costs or O&M costs. The estimated cost for the\nOperators Qualification program.\nTraining Program software will not be determined until the City hasselected a bid from a company for the\n\n\n\nCPF No. 1-2016-0005\nPage 11\nSelected Vendor\nDescription\nAmount\nTotal for\nVendor\ntamper seals for fire extinguishers\n215.23\nmini lightbar, drum funnel, cable ties, etc.\n2,292.84\n10 ft. stepladder\n416.00\nfire extinguishers\n3.712.88\ncable ties\n39.38\nflame resistant coveralls\n235.12\nfire extinguishers\n1,274.00\nflame resistant overalls (type a)\n445.81\nflame resistant overalls (type b)\n58.78\nfire hood\n374.75\ngasket fill caps, quad ring fill caps, cap wrenches\n4.765.58\nfire extinguisher on wheels\n4,885.78\nshoe covers, ball valve lockout, air circulator, etc.\n1,657.74\nconfined space blower\n1,450.00\nkeyed padlocks\n106.50\nhitch pins\n237.50\n33,831.01\nHeath Consultants\nodorator\n4,995.00\n4,995.00\nLowe's\nstorage shed\n4,573.36\nmiscellaneous items\nstorage shed\n4,506.36\n105.26\nnatural gas generator\n3,306.15\ncleaning supplies\n442.55\nhand tools\ngrill\n973.88\n1,022.33\nfreezer\n284.05\n15,231.94\nMajor Safety\nDBI Sala Advanced System Portable Base - large\nService, Inc.\nfor confined space system\n3.707.25\nfall protection hardness and trauma straps\n3,517.00\nhearing protection and face shields for fire school\n1,305.03\nfall protection anchor and retractable life line\n997.75\n9.527.03\nMayer Electric\nelectrical supplies, conduit, adapters, etc.\n7,216.99\n7,216.99\nMobiLease\nclassroom trailer\n101,378.21\n101,378.21\nMontondo Trailer\nrestroom trailer\n30,145.00\n30,145.00\nOverhead Door\nfurnish and install 8'1\" x 8'1\" 610 Series Door\n2,338.00\n2,338.00\nCompany\nStrickland Machine\nconfined space training platform\n24,300.00\n24,300.00\nCompany\n\n\n\nCPF No. 1-2016-0005\nPage 12\nSelected Vendor\nDescription\nAmount\nTotal for\nVendor\nUnited Rentals\naluminum panel shoring - 6' shoring box, 5'\n14,729.20\n14,729.20\nshoring box, lifting lugs, trench ladder and other\nitems related to shoring boxes\nTOTAL\nS267,765.15","truncated":false,"body_characters":24396}