{"operation":"document","citation":"CPF 120190008M","title":"DANVILLE, CITY OF — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2019-07-02","effective_on":null,"summary":"CLOSED notice of amendment citing 199.101(a)(1), 199.202.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120190008m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120190008m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120190008m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120190008M","body":"Notice of Amendment involving DANVILLE, CITY OF. PHMSA's enforcement data identifies the cited regulations as 199.101(a)(1),  199.202. The case was opened on 2019-07-02 and is reported as closed as of 2020-03-10. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120190008M_Closure Letter_03102020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120190008M/120190008M_Closure%20Letter_03102020.pdf\n\n120190008M_Closure Letter_03102020_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120190008M/120190008M_Closure%20Letter_03102020_text.pdf\n\n120190008M_Notice of Amendment_07022019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120190008M/120190008M_Notice%20of%20Amendment_07022019.pdf\n\n120190008M_Notice of Amendment_07022019_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120190008M/120190008M_Notice%20of%20Amendment_07022019_text.pdf\n\n120190008M_Operator Response to Notice_08012019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120190008M/120190008M_Operator%20Response%20to%20Notice_08012019.pdf\n\n120190008M_Notice of Amendment_07022019_text.pdf\n\nNOTICE OF AMENDMENT\nOVERNIGHT EXPRESS DELIVERY\nJuly 2, 2019\nKelly P. Kinnett, P.E.\nWater and Gas Director\nCity of Danville\n1040 Monument Street\nDanville, VA 24540\nCPF 1-2019-0008M\nDear Mr. Kinnett:\nOn November 29 and 30, 2017, inspectors from the Virginia State Corporation Comission (VA\nSCC) acting as Agent for the Pipeline and Hazardous Materials Safety Administration (PHMSA)\npursuant to Chapter 601 of 49 United States Code inspected the City of Danville’s (City)\nprocedures.\nOn the basis of the inspection, PHMSA has identified the apparent inadequacies found within the\nCity’s plans or procedures, as described below:\n1. § 199.101 Anti-drug plan.\n(a) Each operator shall maintain and follow a written anti-drug plan that conforms\nto the requirements of this part and the DOT Procedures. The plan must contain\n—\n(1) Methods and procedures for compliance with all the requirements of this\npart, including the employee assistance program;\nThe City’s anti-drug plan was inadequate in that it did not conform to the requirements of 49\nC.F.R. Part 199 and 49 C.F.R. Part 40 (DOT Procedures).\n\n\n\nCPF 1-2019-0008M\nDuring the inspection, the VA SCC inspector reviewed the City’s Drug and Alcohol Control and\nTesting Policy, effective July 1, 2012, (Testing Policy) and noted the Testing Policy did not\ninclude:\n provisions to ensure that DOT drug tests are completely separate from non-DOT drug\ntests in all respects, as required by § 40.13(a).\n provisions to ensure that the City does not knowingly use as an employee any person who\nfails a drug test required by Part 199 and the medical review officer (MRO) makes a\ndetermination under DOT Procedures (§ 40.25), or refuses to take a drug test required by\nPart 199, as required by § 199.103(a).\n provisions to ensure the urine specimen collectors used by the City meet the applicable\nqualifications, as required by § 40.33.\n provisions to ensure the drug testing laboratory does not test DOT specimens for any\nother drugs: only marijuana metabolites, cocaine metabolites, amphetamines, opiate\nmetabolites, and phencyclidine, as required by § 40.85.\n provisions to ensure the City stops using the services of the service agent no later than 90\ndays after the Department has published a public interest exclusion (PIE), as required by\n§ 40.409(b).\n the correct definition of an accident, as defined in § 199.3. The definition in the City’s\nDrug and Alcohol Testing Policy was missing the following language “Unintentional\nestimated gas loss of three million cubic feet or more.” as specified in § 191.3(1)(iii).\n provisions to ensure post-accident drug testing was performed on covered employees\nwhose performance of a covered function either contributed to the accident or cannot be\ncompletely discounted as a contributing factor to the accident, as required by\n§ 199.105(b).\n provisions on minimum annual percentage rate for random drug testing, as required by\n§ 199.105(c).\n provisions for the use of only drug testing laboratories certified by the Department of\nHealth and Human Services, as required by § 199.107(a) and § 40.81(a).\n provisions to ensure the City’s MRO has the applicable qualification requirements,\nrequired per § 199.109(b) and § 40.121.\n provisions to ensure the laboratory reports laboratory results directly, and only, to the\nMRO at his or her place of business, required per § 199.109(d) and § 40.97(b).\n provisions to ensure the test results are transmitted to the MRO in a timely manner,\npreferably the same day that the review by the certified scientist is complete, as required\nper § 199.109(d) and § 40.97(d).\n provisions to ensure that the City is responsible for ensuring contractors carrying out the\ndrug testing, education, and training required by Part 199 (for employees who are\ncontractors or are employed by a contractor), as required by § 199.115(a).\nTherefore, the City’s anti-drug plan was inadequate because it did not conform to the\nrequirements of Parts 199 and 40.\n120190008M_Notice of Amendment_07022019_text Page 2\nof 4\n\n\n\nCPF 1-2019-0008M\n2. § 199.202 Alcohol misuse plan.\nEach operator must maintain and follow a written alcohol misuse plan that\nconforms to the requirements of this part and DOT Procedures concerning alcohol\ntesting programs. The plan shall contain methods and procedures for compliance\nwith all the requirements of this subpart, including required testing, recordkeeping,\nreporting, education and training elements.\nThe City’s alcohol misuse plan was inadequate in that it did not conform to the requirements of\nPart 199 and 49 C.F.R. Part 40 (DOT Procedures) concerning alcohol testing programs.\nDuring the inspection, the VA SCC inspector reviewed the City’s Drug and Alcohol Control and\nTesting Policy, effective July 1, 2012, (Testing Policy) and noted the Testing Policy did not\ninclude:\n provisions to ensure that DOT alcohol tests are completely separate from non-DOT\nalcohol tests in all respects, as required by § 40.13.\n provisions to ensure that breath alcohol technicians (BAT) and screening test technicians\n(STT) meet each of the requirements of § 40.213.\n the correct definition of an accident, as defined in § 199.3. The definition in the City’s\nTesting Policy was missing the following language, “Unintentional estimated gas loss of\nthree million cubic feet or more,” as specified in § 191.3(1)(iii).\n provisions for, as soon as practicable following an accident, administering to each\nsurviving covered employee alcohol tests for the presence of alcohol if that employee’s\nperformance of a covered function either contributed to the accident or cannot be\ncompletely discounted as a contributing factor to the accident, as required per\n§ 199.225(a).\n provisions to require a covered employee to submit to an alcohol test when the operator\nhas reasonable suspicion to believe that the employee has violated the prohibitions of\nSubpart C of Part 199, as required by § 199.225(b)(1).\n provisions for not permitting any covered employee to perform covered functions if the\nemployee has engaged in conduct prohibited by §§ 199.215 through 199.223 or an\nalcohol misuse rule of another DOT agency, as required by § 199.233.\n provisions specifying that the City is responsible for ensuring that a contactor carrying\nout the alcohol testing, training and education requirements of Subpart C of Part 199 and\nPart 40 (for employees who are contractors or employed by a contractor) comply with\nthose requirements, as required by § 199.245(b).\nTherefore, the City’s alcohol misuse plan was inadequate because it did not conform to the\nrequirements of Parts 199 and 40 concerning alcohol testing programs.\n120190008M_Notice of Amendment_07022019_text Page 3\nof 4\n\n\n\nCPF 1-2019-0008M\nResponse to this Notice\nThis Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.206. Enclosed as\npart of this Notice is a document entitled Response Options for Pipeline Operators in\nCompliance Proceedings. Please refer to this document and note the response options. Be\nadvised 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\nmust provide a second copy of the document with the portions you believe qualify for\nconfidential treatment redacted and an explanation of why you believe the redacted information\nqualifies for confidential treatment under 5 U.S.C. 552(b).\nFollowing the receipt of this Notice, you have 30 days to submit written comments, revised\nprocedures, or a request for a hearing under §190.211. If you do not respond within 30 days of\nreceipt of this Notice, this constitutes a waiver of your right to contest the allegations in this\nNotice and authorizes the Associate Administrator for Pipeline Safety to find facts as alleged in\nthis Notice without further notice to you and to issue an Order Directing Amendment. If your\nplans or procedures are found inadequate as alleged in this Notice, you may be ordered to amend\nyour plans or procedures to correct the inadequacies (49 C.F.R. § 190.206). If you are not\ncontesting this Notice, we propose that you submit your amended procedures to my office within\n[number of days] days of receipt of this Notice. This period may be extended by written request\nfor good cause. Once the inadequacies identified herein have been addressed in your amended\nprocedures, this enforcement action will be closed.\nIt is requested (not mandated) that the City maintain documentation of the safety improvement\ncosts associated with fulfilling this Notice of Amendment (preparation/revision of plans,\nprocedures) and submit the total to Robert Burrough, Director, PHMSA Eastern Region, 840 Bear\nTavern Road, Suite 300, West Trenton, NJ 08628. Please refer to CPF 1-2019-0008M on each\ndocument you submit, and whenever possible provide a signed PDF copy in electronic format.\nSmaller files may be emailed to robert.burrough@dot.gov. Larger files should be sent on USB\nflash drive accompanied by the original paper copy to the Eastern Region Office.\nAdditionally, if you choose to respond to this (or any other case), please ensure that any response\nletter pertains solely to one CPF case number.\nSincerely,\nRobert Burrough\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\nEnclosures: Response Options for Pipeline Operators in Compliance Proceedings\n120190008M_Notice of Amendment_07022019_text Page 4\nof 4\n\n120190008M_Closure Letter_03102020_text.pdf\n\nOVERNIGHT EXPRESS DELIVERY\nMarch 10, 2020\nKelly P. Kinnett, P.E.\nWater and Gas Director\nCity of Danville\n1040 Monument Street\nDanville, VA 24540\nCPF 1-2019-0008M\nDear Mr. Kinnett:\nOn November 29 and 30, 2017, inspectors from the Virginia State Corporation Comission (VA-\nSCC), acting as Agent for the Pipeline and Hazardous Materials Safety Administration (PHMSA),\npursuant to Chapter 601 of 49 United States Code, conducted an on-site pipeline safety inspection\nof the City of Danville’s procedures in Danville, VA. As a result of the inspection, the City of\nDanville was issued a Notice of Amendment on July 2, 2019, which proposed amendment of your\nprocedures.\nThe City of Danville submitted its amended procedures on February 25, 2020. My staff reviewed\nthe amended procedures, and it appears that the inadequacies outlined in this Notice of Amendment\nhave been corrected.\nThis letter is to inform you no further action is necessary and this case is now closed. Thank you\nfor your cooperation.\nSincerely,\nRobert Burrough\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration","truncated":false,"body_characters":11879}