# RICHMOND, CITY OF — Notice of Probable Violation

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

Official case documents:

120160005_Closure Letter_12042018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120160005/120160005_Closure%20Letter_12042018.pdf

120160005_Closure Letter_12042018_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120160005/120160005_Closure%20Letter_12042018_text.pdf

120160005_Consent Agreement and Order_11302018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120160005/120160005_Consent%20Agreement%20and%20Order_11302018.pdf

120160005_Consent Agreement and Order_11302018_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120160005/120160005_Consent%20Agreement%20and%20Order_11302018_text.pdf

120160005_NOPV PCP_10132016.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120160005/120160005_NOPV%20PCP_10132016.pdf

120160005_NOPV PCP_10132016_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120160005/120160005_NOPV%20PCP_10132016_text.pdf

120160005_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

120160005_Closure Letter_12042018_text.pdf

OVERNIGHT EXPRESS DELIVERY
December 4, 2018
Mr. Calvin D. Farr
Director of Public Utilities
City of Richmond
900 East Broad Street, Suite 400
Richmond, VA 23219
CPF 1-2016-0005
Dear Mr. Farr:
On November 30, 2018, the Pipeline and Hazardous Materials Safety Administration (PHMSA)
issued to the City of Richmond a Consent Agreement and Order in the above-referenced case. This
Consent Agreement and Order included terms of settlement and work plan. It has been determined
that you have complied with the terms of this Consent Agreement and Order.
Accordingly, this case is now closed and no further action is contemplated with respect to the
matters involved in this case. Thank you for your cooperation in this matter.
Sincerely,
Robert Burrough
Director, Eastern Region
Pipeline and Hazardous Materials Safety Administration

120160005_Consent Agreement and Order_11302018_text.pdf

November 30, 2018
Mr. Calvin D. Farr
Director of Public Utilities
City of Richmond
900 East Broad Street, Suite 400
Richmond, VA 23219
Re: CPF No. 1-2016-0005
Dear Mr. Farr:
Enclosed please find a copy of the fully-executed Consent Agreement and Order issued in the
above-referenced case. It contains terms of settlement pursuant to 49 C.F.R. § 190.219 and
includes a work plan for the development and implementation of a natural gas training program
for the City of Richmond.
When the terms of the work plan have been completed, as determined by the Director, Eastern
Region, this enforcement action will be closed. The effective date of this agreement is
November 9, 2018, the date on which the City signed the agreement. You will note that our
Office of Chief Counsel has stamped the “November 9, 2018” date on the signature page of
PHMSA’s executed original and has enclosed a photocopy of the stamped agreement for your
files. Service of the Consent Agreement and Order by certified mail is effective upon the date of
mailing as provided under 49 C.F.R. § 190.5.
Thank you for your cooperation in this matter.
Sincerely,
Alan K. Mayberry
Associate Administrator
for Pipeline Safety
Enclosure
cc: Mr. Robert Burrough, Director, Eastern Region, Office of Pipeline Safety, PHMSA
Mr. David B. Kearney, Senior Assistant City Attorney, City of Richmond
Mr. Alfred Scott, Deputy Director, Gas Maintenance and Streetlighting, City of
Richmond



U.S. DEPARTMENT OF TRANSPORTATION
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION
OFFICE OF PIPELINE SAFETY
WASHINGTON, DC 20590
In the Matter of )
City of Richmond, Virginia, ) CPF No. 1-2016-0005
a municipal corporation, )
Respondent. )
)
)
)
)
CONSENT AGREEMENT AND ORDER
On February 3, 2016, pursuant to Chapter 601 of 49 United States Code, inspectors from the
Virginia State Corporation Commission (VA SCC), acting as agents for the Pipeline and
Hazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS),
inspected the City of Richmond’s (the City or Respondent) pipeline facilities in Richmond,
Virginia. The City’s pipeline facilities consist of more than 1900 miles of distribution mains and
eight gate stations to supply gas at necessary pressures.
As a result of this inspection, the Director, Eastern Region, Office of Pipeline Safety (Director),
issued to Respondent, by letter dated October 13, 2016, a Notice of Probable Violation and
Proposed Civil Penalty (the Notice). A copy of the Notice is attached hereto as Appendix A. In
accordance with 49 C.F.R. §190.207, the Notice proposed finding that Respondent had
committed one violation of 49 C.F.R. Part 192 and proposed assessing a civil penalty of $51,800
for the alleged violation.
The City responded to the Notice by letter dated November 14, 2016 (Response). The Response
proposed to resolve this matter via an administrative consent agreement requiring the City to
expend a minimum of $110,000 to develop and implement a Natural Gas Training Program
(Training Program), including development of training qualifications software.
Having agreed that settlement of this proceeding will avoid further administrative proceedings or
litigation, pursuant to 49 C.F.R. Part 190, and upon consent and agreement of Respondent and
PHMSA (collectively, the Parties), the Parties hereby agree as follows:
A. General Provisions.
1. Respondent acknowledges that its pipeline system is subject to the jurisdiction of
the federal Pipeline Safety Laws, 49 U.S.C. 60101, et seq., and the regulations and administrative
orders issued thereunder. As used in this Consent Agreement and Order (Agreement), the terms
“pipeline system” and “pipeline facility” shall be defined as in 49 C.F.R. Part 192. Respondent



CPF No. 1-2016-0005
Page 3
acknowledges that it received proper notice of PHMSA’s action in this proceeding and that the
Notice states claims upon which relief may be granted pursuant to 49 U.S.C. 60101, et seq., and
the regulations and orders issued thereunder.
2. Respondent consents to the issuance of this Agreement and hereby waives any
further procedural requirements with respect to its issuance. Respondent waives all rights to
contest the adequacy of notice or the validity of this Agreement, including all rights to
administrative or judicial hearings, reviews, or appeals.
3. This Agreement shall apply to and be binding upon PHMSA and Respondent, its
officers, directors, and employees, and its successors, assigns, or other entities or persons
otherwise bound by law. Respondent agrees to provide a copy of this Agreement and any
incorporated work plans and schedules to all City officers, employees, agents, and successors-in-
interest whose duties might reasonably include compliance with this Agreement.
4. This Agreement constitutes the final, complete, and exclusive agreement and
understanding between the Parties with respect to the settlement embodied in this Agreement, and
the Parties acknowledge that there are no representations, agreements, or understandings relating
to the settlement other than those expressly contained in this Agreement and its appendices.
5. Nothing in this Agreement affects or relieves the City of its responsibility to
comply with all applicable requirements of the federal Pipeline Safety Laws, 49 U.S.C. § 60101,
et seq., and the regulations and orders issued thereunder. Nothing in this Agreement alters
PHMSA’s right of access, entry, inspection, and information-gathering or its authority to bring
any enforcement action against Respondent pursuant to the federal Pipeline Safety Laws, the
regulations and orders issued thereunder, or any other provision of federal or state law.
6. This Agreement does not waive or modify any federal, state, or local laws or
regulations that are applicable to the City or its pipeline system. This Agreement is not a permit,
or a modification of any permit, under any federal, state, or local laws or regulations. Respondent
remains responsible for achieving and maintaining compliance with all applicable federal, state,
and local laws, regulations and permits.
7. This Agreement does not create rights in, or grant any cause of action to, any third
party not a party to this Agreement. The U.S. Department of Transportation (DOT) is not liable
for any injuries or damages to persons or property arising from acts or omissions of Respondent
or its officers, employees, agents, or successors-in-interest in carrying out the work required by
this Agreement.
8. The Parties agree that the facts as alleged in the Notice are true and correct and
may be considered by PHMSA to be a prior offense in any future PHMSA enforcement action
taken against the City.
9. Respondent agrees to complete the corrective actions specified in Section B
(Additional Work to be Performed) of this Agreement.



CPF No. 1-2016-0005
Page 4
10. Respondent agrees that the activities described in Section B of this Agreement, and
in all work plans and schedules incorporated thereunder, are not already required by any federal,
state, or local law or regulation and do not include actions which Respondent would likely be
required to perform:
a. as injunctive relief, including as a mitigation project, in the instant case;
b. as injunctive relief in any other existing legal action initiated by PHMSA or
any other regulatory agency against Respondent;
c. as part of an existing settlement or order in another legal action; or
d. under any other federal, state, or local requirement.
B. Additional Work to be Performed.
11. Respondent agrees to perform the actions set forth in the Work Plan, incorporated
herein as Appendix B to this Agreement. Respondent will complete the actions described in
Part 2 of the Work Plan (General Information and Proposed Action Description) and will adhere
to the schedule set forth in Part 3 of the Work Plan (Project Schedule).
12. Respondent agrees to revise the Work Plan as necessary to incorporate new
information obtained during the evaluations and remedial activities performed under the Work
Plan. Respondent shall submit any such plan revisions to the Director for prior approval. The
Director may approve Work Plan revision elements incrementally.
13. The Director may grant an extension of time for completion of any of the work to
be performed under this Section B (Additional Work to be Performed) upon Respondent’s timely,
written request that demonstrates both good cause for an extension and provides sufficient detail
to enable the Director to evaluate Respondent’s request.
14. Respondent agrees to maintain documentation of the costs associated with
implementation of the Work Plan and agrees to make this information available to PHMSA upon
request.
C. Review and Approval Process.
15. With respect to any submission by the City under Section B (Additional Work to
be Performed) of this Agreement that requires the approval of the Director, the Director may:
(a) approve the submission, in whole or in part; (b) disapprove the submission on specified
conditions; (c) disapprove the submission, in whole or in part; or (d) undertake any combination
of the foregoing. In the event of approval in whole, in part, or upon conditions, the City will
proceed to take all actions required by the submission as modified by the Director, subject to
Respondent’s right to invoke the procedures in Section D (Dispute Resolution) with respect to any
conditions identified by the Director. In the event that the Director does not approve all or any
portion of a submission, the Director will provide the City with a written notice of the
deficiencies. Respondent will correct all deficiencies within the time specified by the Director and



CPF No. 1-2016-0005
Page 5
resubmit it for acceptance. If Respondent fails to correct the specified deficiencies, the Director
may invoke the dispute resolution process provided in Section D below.
D. Dispute Resolution.
16. The Director and Respondent will attempt to informally resolve any disputes
arising under this Agreement. If the City and the Director are unable to informally resolve the
dispute within 15 business days, Respondent may request in writing, within 10 business days, a
written determination resolving the dispute by the Associate Administrator for Pipeline Safety,
PHMSA. Along with its request, Respondent will provide the Associate Administrator with all
information Respondent believes is relevant to the dispute. If the request is submitted as
provided herein, the Associate Administrator will issue a written determination that shall
constitute final agency action. The existence of a dispute and PHMSA’s consideration of
matters placed in dispute shall not excuse, toll, or suspend any term or timeframe for completion
of any work to be performed under this Agreement during the pendency of the dispute resolution
process, except as agreed by the Regional Director or the Associate Administrator in writing.
E. Enforcement.
17. This Agreement, including all plans and schedules incorporated by reference, is
subject to all enforcement authorities available to PHMSA under 49 U.S.C. §60101, et seq., and
49 C.F.R. Part 190, including administrative civil penalties under 49 U.S.C. §60122, of up to
$200,000 per violation for each day the violation continues and referral of the case to the
Attorney General for judicial enforcement, if PHMSA determines that Respondent is not
complying with the terms of this Agreement in accordance with determinations made by the
Director, or if appealed, in accordance with decisions of the Associate Administrator. The
maximum civil penalty amounts are adjusted annually for inflation. See, e.g., Pipeline Safety:
Inflation Adjustment of Maximum Civil Penalties, 82 Fed. Reg. 19325 (April 27, 2017). All
other work plans and associated schedules developed under Section B shall be automatically
incorporated into this Agreement and are enforceable in the same manner.
F. Civil Penalties.
18. PHMSA agrees to withdraw the proposed civil penalty for Item 1 in the Notice, in
exchange for completion of the Project Schedule outlined in Part 3 of the Work Plan.
19. If the Work Plan is not implemented within the timeframe contemplated in the
Project Schedule, subject to any extensions approved by the Director, PHMSA reserves the right
to take further enforcement action, including assessment of the civil penalty proposed in the
Notice.
G. Miscellaneous.
20. Respondent agrees to maintain records demonstrating compliance with all
requirements of this Agreement for a period of at least five years following completion of all
work to be performed. PHMSA and the VA SCC will have the right to inspect the records and
facilities of the City, or any contractor, agent, or successor-in-interest thereof, upon reasonable



CPF No. 1-2016-0005
Page 6
notice, to confirm that the compliance terms of this Agreement are being undertaken in
conformity with the terms of this Agreement.
21. Except as otherwise provided herein, this Agreement may be modified only by the
mutual agreement of the Parties as set forth in writing and signed by the Parties.
22. Each undersigned representative of the Parties certifies that he or she is fully
authorized by the party represented to enter into the terms and conditions hereof and to execute
and legally bind that party to it.
23. Respondent certifies that it is not a party to any open federal financial assistance
transaction that is funding or could fund the same activities described in this Agreement,
including all activities described in the Work Plan or any other incorporated plan or schedule.
Respondent further certifies that it has inquired of City departments and of any parties acting on
the behalf of the City whether they are a party to any open federal financial assistance transaction
that is funding or could fund the same activities described in this Agreement, and has been
informed by said parties that they are not subject to such a transaction.
H. Effective Date and Term.
24. The “Effective Date,” as used herein, is the date on which this Agreement is
signed by both Respondent and PHMSA. Unless otherwise specified, all deadlines for actions
required by the Agreement run from the Effective Date.
I. Termination.
25. This Agreement will terminate upon the completion of all terms set forth in
Section B (Additional Work to Be Performed), as determined by the Director. Respondent may
request, and PHMSA will provide, written confirmation of the termination of this Agreement.
Nothing in this Agreement prevents Respondent from completing any of the obligations earlier than
the deadlines provided for herein.
The Parties hereby agree to all conditions and terms of this Agreement:
For PHMSA: For City of Richmond, Virginia:
_______________________________ _________________________________
Alan K. Mayberry Robert Steidel
Associate Administrator for Deputy Chief Administrative Officer for
Pipeline Safety, PHMSA Operations, City of Richmond, VA



CPF No. 1-2016-0005
Page 7
APPENDIX A



CPF No. 1-2016-0005
Page 8
APPENDIX B



CPF No. 1-2016-0005
Page 9
Work Plan for the Development and Implementation of a Natural Gas Training Program
City of Richmond, Virginia
CPF 1-2016-0005
1. Introduction.
The U.S. Department of Transportation's Pipeline and Hazardous Materials Safety
Administration (PHMSA) has allowed the City of Richmond, Virginia (the City) the opportunity
to perform the following supplemental safety actions as an alternative to paying a proposed civil
penalty for a violation of the pipeline safety regulations in 49 C.F.R. Part 192. The City is to
perform these risk-mitigating safety actions relative to the violation to enhance the continued
safe operations of the City’s distribution of natural gas and to provide value that offsets the
proposed civil penalties. PHMSA and the City agree that the actions set forth below provide
safety and/or environmental value beyond the enforcement of the proposed civil penalty, and the
City has entered into a Consent Agreement and Order (Agreement) with PHMSA to perform the
proposed actions within agreed-upon timeframes.
2. General Information and Proposed Action Description.
PHMSA’s Notice of Probable Violation in CPF 1-2016-0005 identified one probable violation
and included a proposed civil penalty. PHMSA alleged that the City failed to follow a manual
of written procedures for conducting maintenance activities. Specifically, the City allegedly
failed to follow its Natural Gas Procedures Manual (“O&M Manual”) Volume II, Chapter 7,
Section V, paragraph E, Services.
Paragraph E.2 of the O&M Manual states that, “When a service line (2-inch diameter or less) is
to be abandoned in place, but the main is to continue in use, the service shall be physically
disconnected from the main, at the main” [emphasis added].
During the inspection conducted on February 3, 2016, the Virginia State Corporation
Commission (VA SCC) reviewed the City’s leak inspection records for 2015. The records
indicated that a one (1) inch diameter steel gas line to 5001 Patterson Avenue had a grade 1 leak
reported on September 28, 2015. According to the VA SCC, a new plastic service line had been
installed on November 3, 2011 to replace the steel gas line. The steel line was not abandoned at
the main in accordance with City of Richmond procedures when the new plastic line was
installed. The City properly abandoned the steel line at the main during the September 28, 2015
leak call.
During the City’s April 2016 cast iron renewal meeting, the City reviewed the O&M Manual
with respect to services with all of the construction inspectors and contractors responsible for
performing this task, to ensure that all services are being abandoned at the main.
The City has reviewed potential remedial actions that the City can perform and use in the
development of the Agreement with PHMSA. Following consideration, the City has determined
that the best remedial action aligned with the probable violation is for the City to develop and
implement a comprehensive Natural Gas Training Program (“Training Program”) for all City gas
utility construction and maintenance personnel. The Training Program will focus on the City gas



CPF No. 1-2016-0005
Page 10
utility's O&M procedures and on qualification of the City's operators, to ensure compliance with
49 CFR Part 192. The Training Program will include retraining for City personnel on safe
abandonment of service lines connected to still-functioning mains. A City of Richmond gas utility
Senior Training Specialist shall be responsible for coordination, development and implementation
of the Training Program. The City shall perform all training on-site in a classroom setting. The
City shall document records of attendance and training content.
3.
Training Program Project Schedule.
Estimated Schedule
Training Program Development:
March 31, 2018
Training Facility Construction Completion:
November 7, 20171
Full Training Program Implementation:
March 31, 20182
Costs.
Construction costs:
$457,517.22
b. Additional costs (see table below):
$267,765.15
Total Expenditures
$725,282.373
Selected Vendor
Description
Amount
Total for
Vendor
Barco Products
bench, outside table, etc
$3.959.67
$3,959.67
Consolidated Pipe
electrofusion machine
4,200.00
4,200.00
& Supply
Fastenal
air tower w/ reserve tank and dryer
4,858.05
constant flow compressor
4,755.05
2.613.10
Fence Scapes
chain link fence
1,400.00
fence w/ double gate
4,900.00
6,300.00
Grainger
carport kit
7392.20
shelving, etc.
2,882.42
flammables storage cabinet
1,388.50
main. The Training Facility is located at 2900 Caldwell Road in Richmond.
" Including installation of 460 feet of 2-inch polyethylene and 260 feet of 2-inch steel intermediate pressure gas
2 The City anticipates the bid solicitation package will be forwarded to the City's Department of Procurement by
November 30, 2017, with contract implementation by March 31, 2018.
3 The Total Expenditures do not reflect the City's personnel costs or O&M costs. The estimated cost for the
Operators Qualification program.
Training Program software will not be determined until the City hasselected a bid from a company for the



CPF No. 1-2016-0005
Page 11
Selected Vendor
Description
Amount
Total for
Vendor
tamper seals for fire extinguishers
215.23
mini lightbar, drum funnel, cable ties, etc.
2,292.84
10 ft. stepladder
416.00
fire extinguishers
3.712.88
cable ties
39.38
flame resistant coveralls
235.12
fire extinguishers
1,274.00
flame resistant overalls (type a)
445.81
flame resistant overalls (type b)
58.78
fire hood
374.75
gasket fill caps, quad ring fill caps, cap wrenches
4.765.58
fire extinguisher on wheels
4,885.78
shoe covers, ball valve lockout, air circulator, etc.
1,657.74
confined space blower
1,450.00
keyed padlocks
106.50
hitch pins
237.50
33,831.01
Heath Consultants
odorator
4,995.00
4,995.00
Lowe's
storage shed
4,573.36
miscellaneous items
storage shed
4,506.36
105.26
natural gas generator
3,306.15
cleaning supplies
442.55
hand tools
grill
973.88
1,022.33
freezer
284.05
15,231.94
Major Safety
DBI Sala Advanced System Portable Base - large
Service, Inc.
for confined space system
3.707.25
fall protection hardness and trauma straps
3,517.00
hearing protection and face shields for fire school
1,305.03
fall protection anchor and retractable life line
997.75
9.527.03
Mayer Electric
electrical supplies, conduit, adapters, etc.
7,216.99
7,216.99
MobiLease
classroom trailer
101,378.21
101,378.21
Montondo Trailer
restroom trailer
30,145.00
30,145.00
Overhead Door
furnish and install 8'1" x 8'1" 610 Series Door
2,338.00
2,338.00
Company
Strickland Machine
confined space training platform
24,300.00
24,300.00
Company



CPF No. 1-2016-0005
Page 12
Selected Vendor
Description
Amount
Total for
Vendor
United Rentals
aluminum panel shoring - 6' shoring box, 5'
14,729.20
14,729.20
shoring box, lifting lugs, trench ladder and other
items related to shoring boxes
TOTAL
S267,765.15
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