{"operation":"document","citation":"CPF 120170001W","title":"DANVILLE, CITY OF — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2017-04-24","effective_on":null,"summary":"CLOSED warning letter citing 192.613(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120170001w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120170001w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120170001w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120170001W","body":"Warning Letter involving DANVILLE, CITY OF. PHMSA's enforcement data identifies the cited regulation as 192.613(a). The case was opened on 2017-04-24 and is reported as closed as of 2017-04-24. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120170001W_Warning Letter_04242017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120170001W/120170001W_Warning%20Letter_04242017.pdf\n\n120170001W_Warning Letter_04242017_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120170001W/120170001W_Warning%20Letter_04242017_text.pdf\n\n120170001W_Warning Letter_04242017_text.pdf\n\nWARNING LETTER\nOVERNIGHT EXPRESS DELIVERY\nApril 24, 2017\nKelly P. Kinnett, P.E.\nWater and Gas Director\nCity of Danville\n1040 Monument Street.\nDanville, VA 24540\nCPF 1-2017-0001W\nDear Mr. Kinnett:\nOn August 23, 2016, a representative of Virginia State Corporation Commission (VASCC) acting\nas agents for the Pipeline and Hazardous Materials Safety Administration (PHMSA) pursuant to\nChapter 601 of 49 United States Code inspected City of Danville’s (City) pipeline facilities in\nDanville, Virginia.\nAs a result of the inspection, it is alleged that you have committed a probable violation of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations. The items inspected and the\nprobable violation is:\n1. §192.613 Continuing surveillance.\n(a) Each operator shall have a procedure for continuing surveillance of its facilities to\ndetermine and take appropriate action concerning changes in class location, failures,\nleakage history, corrosion, substantial changes in cathodic protection requirements,\nand other unusual operating and maintenance conditions.\nDuring regular annual leakage survey activity, the City failed to observe/recognize/take corrective\nactions per §192.613(a) requirements for an unusual operating and maintenance condition that may\naffect the safe operation of its facilities.\nSpecifically, the City failed to notice that part of the original plastic service line to a restaurant\n\n\n\nCPF 1-2017-0001W\nlocated at 2101 Riverside Drive in Danville, VA, was under the restaurant building. This service\nline encroachment was due to restaurant expansion construction completed in 1998. The service\nline was installed in 1986.\nDuring the inspection, the VA SCC inspector observed leak survey activity with a City leak survey\nemployee. During the leak survey, the VA SCC inspector discovered that part of the original plastic\nservice line to a restaurant located at 2101 Riverside Drive, was under the restaurant building.\nThis area around the restaurant is leak surveyed every year by the City and this building\nencroachment on the plastic service line had not been observed/recognized by the City from 1998\nuntil the VA SCC 2016 inspection.\nCity Continuing Surveillance procedure section 3.2 lists Leak Surveys as part of 12 interrelated\nCity inspections that are an integral part of the ongoing continuing surveillance program, which\nincludes recognizing and responding to unsafe conditions during daily activities.\nCity leakage survey records for 2014 and 2015 for 2101 Riverside Drive did not note any\nencroachment for the service line at 2101 Riverside Drive.\nAfter the inspection, the City relocated the service, discussed the finding with leak survey\npersonnel, put a process in place to identify this type of encroachment issue during the construction\npermitting stage, and notified City utility locators to be observant of construction when performing\nutility locates.\nUnder 49 United States Code, § 60122, you are subject to a civil penalty not to exceed $205,638\nper violation per day the violation persists up to a maximum of $2,056,380 for a related series of\nviolations. For violation occurring between January 4, 2012 to August 1, 2016, the maximum\npenalty may not exceed $200,000 per violation per day, with a maximum penalty not to exceed\n$2,000,000 for a related series of violations. For violations occurring prior to January 4, 2012, the\nmaximum penalty may not exceed $100,000 per violation per day, with a maximum penalty not to\nexceed $1,000,000 for a related series of violations. We have reviewed the circumstances and\nsupporting documents involved in this case, and have decided not to conduct additional\nenforcement action or penalty assessment proceedings at this time. We advise you to correct the\nitem(s) identified in this letter. Failure to do so will result in the City of Danville being subject to\nadditional enforcement action.\nPlease submit all correspondence in this matter to Robert Burrough, Acting Director, PHMSA\nEastern Region, 820 Bear Tavern Road, Suite 103, West Trenton, NJ 08628. Please refer to\nCPF 1 -2017-0001W on each document you submit, and whenever possible provide a signed PDF\ncopy in electronic format. Smaller files may be emailed to robert.burrough@dot.gov. Larger files\nshould be sent on a CD accompanied by the original paper copy to the Eastern Region Office.\nBe advised that all material you submit in response to this enforcement action is subject to being\nmade publicly available. If you believe that any portion of your responsive material qualifies for\nconfidential treatment under 5 U.S.C. 552(b), along with the complete original document you must\nprovide a second copy of the document with the portions you believe qualify for confidential\n120170001W_Warning Letter_04242017_text Page 2 of 3\n\n\n\nCPF 1-2017-0001W\ntreatment redacted and an explanation of why you believe the redacted information qualifies for\nconfidential treatment under 5 U.S.C. 552(b).\nSincerely,\nRobert Burrough\nActing Director, Eastern Region\nPipeline and Hazardous Materials Safety Administration\n120170001W_Warning Letter_04242017_text Page 3 of 3","truncated":false,"body_characters":5763}