{"operation":"document","citation":"CPF 120180004W","title":"CHARLOTTESVILLE, CITY OF — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2018-10-05","effective_on":null,"summary":"CLOSED warning letter citing 192.273(b).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120180004w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120180004w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120180004w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120180004W","body":"Warning Letter involving CHARLOTTESVILLE, CITY OF. PHMSA's enforcement data identifies the cited regulation as 192.273(b). The case was opened on 2018-10-05 and is reported as closed as of 2018-10-05. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120180004W_Warning Letter_10052018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120180004W/120180004W_Warning%20Letter_10052018.pdf\n\n120180004W_Warning Letter_10052018_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120180004W/120180004W_Warning%20Letter_10052018_text.pdf\n\n120180004W_Warning Letter_10052018_text.pdf\n\nWARNING LETTER\nOVERNIGHT EXPRESS DELIVERY\nOctober 5, 2018\nMs. Lauren Hildebrand\nDirector of Utilities\nCity of Charlottesville\n304 4th Street N.W.\nCharlottesville, VA 22903\nCPF 1-2018-0004W\nDear Ms. Hildebrand:\nOn January 8, 2018, an inspector from the Virginia State Corporation Commishion (VA SCC),\nacting as an agent for the Pipeline and Hazardous Materials Safety Administration (PHMSA)\npursuant to Chapter 601 of 49 United States Code (U.S.C.) inspected the City of Charlottesville’s\n(City) procedures in Charlottesville, VA.\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 (CFR). The items inspected\nand the probable violation(s) are:\n1. § 192.273 General\n(b) Each joint must be made in accordance with written procedures that have been\nproven by test or experience to produce strong gastight joints.\nThe City failed to make each joint in accordance with written procedures that have been proven\nby test or experience to produce strong gastight joints. Specifically, the City failed to perform a\nsocket fusion in accordance with its Operation & Maintenance Manual, Revised 5/11/16\n(Procedure).\nDuring the inspection, the VA SCC inspector reviewed the City’s Procedure. The Procedure stated\nin part: (Chapter III, Part D)\n“Section 4 ‘Socket Fusion Procedure (up to and including 4”)\n…k) Within 3 seconds after the heating tool has been removed, firmly push the melted fitting\nsquarely onto the pipe until it makes contact with the cold ring clamp.\n\n\n\nCPF 1-2018-0004W\nDO NOT TWIST\nHold the fitting firmly in place for the recommended cooling time found on the manufacturer’s\nfusion time cycle card. After waiting the additional 3 minutes cooling time, remove the cold ring\nclamp and inspect the joint.”\nThe VA SCC inspector witnessed the City install a new service stub to Lot 9 Varick Street in\nCharlottesville, VA. During installation of the socket fusion dead end, the City failed to follow the\nProcedure by removing the cold ring clamp after approximately 30 seconds, not meeting the\nrequired 3 minutes of cooling time.\nThe VA SCC issued a Notice of Investigation (NOI) to the City on January 16, 2018. In its response\nto the NOI on January 24, 2018, the City did not dispute the proposed violation and identified\nadditional measures it has taken to prevent reoccurrence of the violation.\nTherefore, the City failed to make each joint in accordance with written procedures, as required\nby § 192.273(b).\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$209,002 per violation per day the violation persists, up to a maximum of $2,090,022 for a related\nseries of violations. For violations occurring prior to November 2, 2015, the maximum penalty\nmay not exceed $200,000 per violation per day, with a maximum penalty not to exceed $2,000,000\nfor a related series of violations. We have reviewed the circumstances and supporting documents\ninvolved in this case, and have decided not to conduct additional enforcement action or penalty\nassessment proceedings at this time. We advise you to correct the item(s) identified in this letter.\nFailure to do so will result in City of Charlottesville being subject to additional enforcement action.\nPlease be advised that all material you submit in response to this enforcement action is subject to\nbeing made publicly available. If you believe that any portion of your responsive material qualifies\nfor confidential treatment under 5 U.S.C. 552(b), along with the complete original document you\nmust provide a second copy of the document with the portions you believe qualify for confidential\ntreatment redacted and an explanation of why you believe the redacted information qualifies for\nconfidential treatment under 5 U.S.C. 552(b).\nNo reply to this letter is required. If you choose to reply, please submit all correspondence in this\nmatter to Robert Burrough, Director, PHMSA Eastern Region, 840 Bear Tavern Road, Suite 300,\nWest Trenton, NJ 08628. Please refer to CPF 1-2018-0004W on each document you submit, and\nwhenever possible provide a signed PDF copy in electronic format. Smaller files may be emailed\nto robert.burrough@dot.gov. Larger files should be sent on a CD accompanied by the original\npaper copy to the Eastern Region Office.\nSincerely,\nRobert Burrough\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\n120180004W_Warning Letter_10052018_text Page 2 of 2","truncated":false,"body_characters":5170}