{"operation":"document","citation":"CPF 120180010W","title":"DANVILLE, CITY OF — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2018-12-13","effective_on":null,"summary":"CLOSED warning letter citing 192.465(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120180010w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120180010w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120180010w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120180010W","body":"Warning Letter involving DANVILLE, CITY OF. PHMSA's enforcement data identifies the cited regulation as 192.465(a). The case was opened on 2018-12-13 and is reported as closed as of 2018-12-13. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120180010W_Warning Letter_12132018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120180010W/120180010W_Warning%20Letter_12132018.pdf\n\n120180010W_Warning Letter_12132018_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120180010W/120180010W_Warning%20Letter_12132018_text.pdf\n\n120180010W_Warning Letter_12132018_text.pdf\n\nWARNING LETTER\nOVERNIGHT EXPRESS DELIVERY\nDecember 13, 2018\nMr. Jason Grey\nDirector of Utilities\nCity of Danville\n1040 Monument Street\nDanville, VA 24541\nCPF 1-2018-0010W\nDear Mr. Grey:\nOn March 16, 2018, an inspector from the Virginia State Corporation Commission (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 Danville’s (City)\nrecords in Danville, 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. § 192.465 External corrosion control: Monitoring.\n(a) Each pipeline that is under cathodic protection must be tested at least once each\ncalendar year, but with intervals not exceeding 15 months, to determine whether\nthe cathodic protection meets the requirements of §192.463. However, if tests at\nthose intervals are impractical for separately protected short sections of mains or\ntransmission lines, not in excess of 100 feet (30 meters), or separately protected\nservice lines, these pipelines may be surveyed on a sampling basis. At least\n10 percent of these protected structures, distributed over the entire system must\nbe surveyed each calendar year, with a different 10 percent checked each\nsubsequent year, so that the entire system is tested in each 10-year period.\nThe City failed to test separately protected short sections of mains or transmission lines, not in\nexcess of 100 feet (30 meters), or separately protected service lines, on a sampling basis at least\n\n\n\nCPF 1-2018-0010W\n10 percent each calendar year, with a different 10 percent checked each subsequent year so that\nthe entire system is tested in each 10-year period, to determine whether the cathodic protection\nmet the rquirements of § 192.463. Specifically, the City missed three cathodic protection test\ncycles on isolated and cathodically protected steel valve number 1017 located on a plastic main.\nDuring the inspection, the VA SCC inspector discovered that Valve 1017 in the City’s system had\nnot been monitored for cathodic protection for the 36-year period between its installation in April\nof 1982 and the date of the inspection. Valve 1017 is a separately protected 6” steel gate valve on\nan 8” plastic main located at 307 Wendell Scott Dr. in Danville, VA.\nThe VA SCC issued a Notice of Investigation (NOI) to the City on March 21, 2018. In its response\nto the NOI on March 30, 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 test pipelines to determine whether the cathodic protection meets the\nrequirements of § 192.463.\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 the City of Danville 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 1-2018-0010W 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\n120180010W_Warning Letter_12132018_text Page 2 of 2","truncated":false,"body_characters":5484}