# RICHMOND, CITY OF — Notice of Probable Violation

- **operation:** document
- **citation:** CPF 120170004
- **title:** RICHMOND, CITY OF — Notice of Probable Violation
- **source type:** enforcement
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** historical
- **official:** true
- **published on:** 2017-10-10
- **effective on:** Not available
- **summary:** CLOSED notice of probable violation citing 192.605(a).
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- **app url:** https://regulus.evalyn.ai/document/phmsa-enforcement-120170004
- **source url:** https://primis.phmsa.dot.gov/enforcement-data/case/120170004
**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 2017-10-10 and is reported as closed as of 2018-10-16. Proposed civil penalty: $41,400. Assessed civil penalty: $41,400. Open the official case record for notices, responses, orders, and the latest status.

Official case documents:

120170004_Final Order_09242018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120170004/120170004_Final%20Order_09242018.pdf

120170004_Final Order_09242018_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120170004/120170004_Final%20Order_09242018_text.pdf

120170004_NOPV PCP_10102017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120170004/120170004_NOPV%20PCP_10102017.pdf

120170004_NOPV PCP_10102017_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120170004/120170004_NOPV%20PCP_10102017_text.pdf

120170004_Operator Response To Notice_11082017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120170004/120170004_Operator%20Response%20To%20Notice_11082017.pdf

120170004_Final Order_09242018_text.pdf

September 24, 2018
Hon. Levar M. Stoney, Mayor
City of Richmond
730 East Broad Street
Richmond, VA 23219
Re: CPF No. 1-2017-0004
Dear Mayor Stoney:
Enclosed please find the Final Order issued in the above-referenced case. It makes a finding of
violation and assesses a civil penalty of $41,400. The penalty payment terms are set forth in the
Final Order. This enforcement action closes automatically upon receipt of payment. Service of
the Final 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
Ms. Rosemary Green, Interim Director, City of Richmond Department of Public Utilities,
900 East Broad Street, Room 115, Richmond, VA 23219
Mr. Alfred Scott, Deputy Director II, Gas Maintenance and Streetlighting, DPU, 900 E.
Broad St., Room 115, Richmond, VA 23219
Mr. Sang Yi, Engineer III, Gas and Lights, Richmond Gas Works (formerly City of
Richmond Department of Public Utilities (DPU) Energy Services Division), 730 E
Broad Street, Richmond, VA 23219
CERTIFIED MAIL - RETURN RECEIPT REQUESTED



U.S. DEPARTMENT OF TRANSPORTATION
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION
OFFICE OF PIPELINE SAFETY
WASHINGTON, D.C. 20590
____________________________________
In the Matter of )
City of Richmond, Virginia, ) CPF No. 1-2017-0004
a municipal corporation, )
)
)
)
Respondent. )
____________________________________)
FINAL ORDER
On February 24, 2017, pursuant to 49 U.S.C. § 60117, a representative of the Virginia State
Corporation Commission (VA SCC), as agent for the Pipeline and Hazardous Materials Safety
Administration (PHMSA), Office of Pipeline Safety (OPS), conducted an on-site pipeline safety
inspection of the facilities and records of the City of Richmond, Virginia (City or Respondent) at
Whitemont Drive in Henrico County, Virginia. The City of Richmond is a municipally-owned
gas distribution system consisting of about 1,923 miles of main and 97,563 services.
As a result of the inspection, the Director, Eastern Region, OPS (Director), issued to Respondent,
by letter dated October 10, 2017, a Notice of Probable Violation and Proposed Civil Penalty
(Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed finding that the City had
violated 49 C.F.R. § 192.605(a) and proposed assessing a civil penalty of $41,400 for the alleged
violation.
The City responded to the Notice by letter dated November 3, 2017 (Response). Respondent did
not contest the allegation of violation but provided an explanation of its actions and requested
that the proposed civil penalty be reduced. Respondent did not request a hearing and therefore
has waived its right to one.
FINDING OF VIOLATION
In its Response, Respondent did not contest the allegation in the Notice that it violated 49 C.F.R.
Part 192.605(a), as follows:
Item 1: The Notice alleged that Respondent violated 49 C.F.R. § 192.605(a), which states:



CPF No. 1-2017-0004
Page 2
§ 192.605 Procedural manual for operations, maintenance, and
emergencies.
(a) General. Each operator shall prepare and follow for each pipeline,
a manual of written procedures for conducting operations and maintenance
activities and for emergency response. For transmission lines, the manual
must also include procedures for handling abnormal operations. This
manual must be reviewed and updated by the operator at intervals not
exceeding 15 months, but at least once each calendar year. This manual
must be prepared before operations of a pipeline system commence.
Appropriate parts of the manual must be kept at locations where operations
and maintenance activities are conducted.
The Notice alleged that Respondent violated 49 C.F.R. § 192.605(a) by failing to follow its own
manual of written procedures for conducting operations and maintenance activities and for
emergency response. Specifically, the Notice alleged that the City failed to follow its own
coating procedures during a repair on February 24, 2017, at Whitemont Drive in Henrico
County, Virginia.
Respondent did not contest this allegation of violation. Accordingly, based upon a review of all
of the evidence, I find that Respondent violated 49 C.F.R. § 192.605(a) by failing to follow its
own manual of written procedures for conducting operations and maintenance activities and for
emergency response.
This finding of violation will be considered a prior offense in any subsequent enforcement action
taken against Respondent.
ASSESSMENT OF PENALTY
Under 49 U.S.C. § 60122, Respondent is subject to an administrative civil penalty not to exceed
$200,000 per violation for each day of the violation, up to a maximum of $2,000,000 for any
related series of violations.1 In determining the amount of a civil penalty under 49 U.S.C.
§ 60122 and 49 C.F.R. § 190.225, I must consider the following criteria: the nature,
circumstances, and gravity of the violation, including adverse impact on the environment; the
degree of Respondent’s culpability; the history of Respondent’s prior offenses; and any effect
that the penalty may have on its ability to continue doing business; and the good faith of
Respondent in attempting to comply with the pipeline safety regulations. In addition, I may
consider the economic benefit gained from the violation without any reduction because of
subsequent damages, and such other matters as justice may require. The Notice proposed a total
civil penalty of $41,400 for the violation cited above.
1 These amounts are adjusted annually for inflation. See, e.g., Pipeline Safety: Inflation Adjustment of Maximum
Civil Penalties, 82 Fed. Reg. 19325 (April 27, 2017).



CPF No. 1-2017-0004
Page 3
Item 1: The Notice proposed a civil penalty of $41,400 for Respondent’s violation of 49 C.F.R.
§ 192.605(a), for failing to follow its own manual of written procedures for conducting
operations and maintenance activities and for emergency response. As noted above, I found that
the City had failed to follow its coating procedures during a repair on February 24, 2017, at
Whitemont Drive in Henrico County, Virginia.
In its Response, the City requested that the proposed civil penalty be reduced because the
violation had been corrected immediately after it was discovered by VA SCC, and because the
City is generally engaged in a good-faith effort to improve its training and operations to avoid
violations in the future. While these efforts are commendable, they are ones that would be
expected from any prudent operator who has learned of a pipeline safety violation. I would also
note that the City has been found in violation of PHMSA’s safety regulation on five previous
occasions within the past five years.2 Accordingly, having reviewed the record and considered
the assessment criteria, I find Respondent’s arguments do not warrant a reduction of the
proposed civil penalty for Item 1. With regard to culpability and good faith, OPS noted in the
Violation Report that the City failed to comply with a requirement that was clearly applicable.
Although Respondent did not direct its arguments in support of a reduced penalty to any single
factor, Respondent’s arguments relate to its culpability. Respondent argued for a reduced civil
penalty because it corrected the probable violation after a PHMSA state partner discovered it,
retrained its employees, implemented a new computerized material audit system to ensure field
crews have the necessary materials and tools for repair jobs, and opened a new training facility
for its employees and contractors.3 I am not persuaded by the City’s argument for a reduced
penalty. The City bases its argument for a reduced penalty on corrective actions taken after
PHMSA’s state partner discovered the violation, and therefore do not warrant a reduction of the
penalty.4
Accordingly, having reviewed the record and considered the assessment criteria, I assess
Respondent a civil penalty of $41,400 for violation of 49 C.F.R. § 192.605(a).
Payment of the civil penalty must be made within 20 days of service. Federal regulations
(49 C.F.R. § 89.21(b)(3)) require such payment to be made by wire transfer through the Federal
Reserve Communications System (Fedwire), to the account of the U.S. Treasury. Detailed
instructions are contained in the enclosure. Questions concerning wire transfers should be
directed to: Financial Operations Division (AMK-325), Federal Aviation Administration, Mike
Monroney Aeronautical Center, 6500 S MacArthur Blvd, Oklahoma City, Oklahoma 79169.
2 Pipeline Safety Violation Report (Violation Report), (October 10, 2017) (on file with PHMSA), at 2.
3 Response, at 2 (available at www.phmsa.dot.gov/pipeline/enforcement).
4 See e.g., In the Matter of Texas Eastern Transmission, LP, a subsidiary of Spectra Energy Corp., CPF No. 1-2015-
1003, 2016 WL 1426021, at 4 (Feb. 26, 2016) (“Respondent's assertion of a general good-faith effort to
continuously improve is based on corrective actions taken after PHMSA learned of the violation, and therefore does
not warrant a reduction in the proposed penalty.”) (available at www.phmsa.dot.gov/pipeline/enforcement).



CPF No. 1-2017-0004
Page 4
The Financial Operations Division telephone number is (405) 954-8845.
Failure to pay the $41,400 civil penalty will result in accrual of interest at the current annual rate
in accordance with 31 U.S.C. § 3717, 31 C.F.R. § 901.9 and 49 C.F.R. § 89.23. Pursuant to
those same authorities, a late penalty charge of six percent (6%) per annum will be charged if
payment is not made within 110 days of service. Furthermore, failure to pay the civil penalty
may result in referral of the matter to the Attorney General for appropriate action in a district
court of the United States.
Under 49 C.F.R. § 190.243, Respondent may submit a Petition for Reconsideration of this Final
Order to the Associate Administrator, Office of Pipeline Safety, PHMSA, 1200 New Jersey
Avenue, SE, East Building, 2nd Floor, Washington, DC 20590, with a copy sent to the Office of
Chief Counsel, PHMSA, at the same address, no later than 20 days after receipt of service of the
Final Order by Respondent. Any petition submitted must contain a brief statement of the issue(s)
and meet all other requirements of 49 C.F.R. § 190.243. The filing of a petition automatically
stays the payment of any civil penalty assessed. The other terms of the order, including any
corrective action, remain in effect unless the Associate Administrator, upon request, grants a
stay. If Respondent submits payment of the civil penalty, the Final Order becomes the final
administrative decision and the right to petition for reconsideration is waived.
The terms and conditions of this Final Order are effective upon service in accordance with
49 C.F.R. § 190.5.
September 24, 2018
___________________________________ __________________________
Alan K. Mayberry Date Issued
Associate Administrator
for Pipeline Safety
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