{"operation":"document","citation":"CPF 12020016WL","title":"RICHMOND, CITY OF — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2020-11-12","effective_on":null,"summary":"CLOSED warning letter citing 192.721(b)(2), 192.805(b), 199.5.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-12020016wl.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-12020016wl.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-12020016wl","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/12020016WL","body":"Warning Letter involving RICHMOND, CITY OF. PHMSA's enforcement data identifies the cited regulations as 192.721(b)(2),  192.805(b),  199.5. The case was opened on 2020-11-12 and is reported as closed as of 2020-11-12. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n12020016WL_Warning Letter_11122020_(20-172760).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12020016WL/12020016WL_Warning%20Letter_11122020_(20-172760).pdf\n\n12020016WL_Warning Letter_11122020_(20-172760)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12020016WL/12020016WL_Warning%20Letter_11122020_(20-172760)_text.pdf\n\n12020016WL_Warning Letter_11122020_(20-172760)_text.pdf\n\nWARNING LETTER\nOVERNIGHT EXPRESS DELIVERY\nNovember 12, 2020\nCalvin Farr Jr.\nDirector – City of Richmond DPU\nCity of Richmond\n730 East Broad Street\nRichmond, VA 23219\nCPF 1-2020-016-WL\nDear Calvin Farr Jr.:\nOn June 04, 2019 to January 7, 2020, an inspector from the Virginia State Corporation\nCommission, Division of Pipeline Safety (VA SCC), acting as Agent for the Pipeline and\nHazardous Materials Safety Administration (PHMSA) pursuant to Chapter 601 of 49 United States\nCode (U.S.C.) inspected City of Richmond’s (the City) records and procedures near Old Osborne\nTurnpike’s exposed creek crossing and Jefferson Davis Highway, Richmond, VA\nAs a result of the inspection, it is alleged that you have committed probable violations of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The items inspected\nand the probable violations are:\n1. § 192.721 Distribution systems: Patrolling\n(a) …\n(b) Mains in places or on structures where anticipated physical\nmovement or external loading could cause failure or leakage must be\npatrolled–\n(1) …\n(2) Outside business districts, at intervals not exceeding 7½ months,\nbut at least twice each calendar year.\nThe City failed to patrol its distribution system mains outside business districts, at intervals not\nexceeding 7 ½ months, but at least twice each calendar year. Specifically, the City failed to patrol\n\n\n\nCPF 1-2020-016-WL\na distribution system main located at Old Osborne Turnpike at the required intervals.\nDuring the inspection, the VA SCC inspector reviewed the City’s Procedures Manual, Patrolling,\nEffective 01/16/15 and electronic tracking records of patrolling history for exposed pipe for\ncalendar years 2017, 2018, and 2019. The records did not contain an exposed eight-inch steel main\nlocated at Old Osborne Turnpike. The steel main, which became active on December 20, 2016,\ncrosses a creek and is located outside of a business district. The City’s September 30, 2019\nresponse to VA SCC’s Notice of Investigation – Report No. 2019-046410, stated in part: “The\nCity of Richmond, Richmond Gas Works, has failed to patrol the 8” steel main located at Old\nOsborne Turnpike for almost three years since the main was installed and made active on\n12/20/2016.”\nTherefore, the City failed to patrol a distribution system main located outside a business district at\nintervals not exceeding 7 ½ months, but at least twice each calendar year.\n2. § 192.805 Qualification program.\nEach operator shall have and follow a written qualification\nprogram. The program shall include provisions to:\n(a) …\n(b) Ensure through evaluation that individuals performing covered\ntasks are qualified;\nThe City failed to ensure through evaluation that individuals performing covered tasks are\nqualified. Specifically, the City’s employee performed annual corrosion survey while not qualified\nto perform the covered task.\nDuring the inspection, the VA SCC requested “all applicable OQ [operator qualification] tasks an\nemployee must possess to perform annual monitoring for cathodic protection.” The City responded\nby providing a list of four qualifications, one of which was Cathodic Protection System Testing:\nGeneral.\nVA SCC also reviewed the City’s Employee History Report records which document the\nqualification history for individual City employees who perform covered tasks. The Employee\nHistory Report showed that the City’s technician ‘DH’ did not possess OQ qualification for\nPEF192-0505.01 Cathodic Protection System Testing: General between 12/13/2016 and\n1/23/2017. Additionally, the Employee History Report showed that technician ‘RC’ was not\nqualified for PEF192-0505.01 Cathodic Protection System Testing: General until 5/23/2017.\nVA SCC reviewed Corrosion Survey records. Table 1 below, created by PHMSA based on the\ninformation City provided in its Corrosion Survey records, lists dates the City’s technicians\nperformed a covered task while not qualified.\n12020016WL_Warning Letter_11122020_(20-172760)_text Page 2 of 4\n\n\n\nCPF 1-2020-016-WL\nTable 1: Date Covered Task Performed by Un-Qualified Technician.\nDate Technician(s) Location-Area Test Station(s)\n1/4/17 DH Parham Rd TS9\nTS10\nTS11\nTS12\nTS13 East\nTS13 West\n1/6/17 DH\nRC\nLondon 1\n2\n3 City\n4 1-KT\n4 2-KT\n1/6/17 DH Westshire Apts 1 1-knot\n1 2-knot\n2\n3 1-knot\nTherefore, the City failed to ensure through evaluation that individuals performing covered tasks\nare qualified.\n3. § 199.5 DOT procedures\nThe anti-drug and alcohol programs required by this part must be\nconducted according to the requirements of this part and DOT\nProcedures. Terms and concepts used in this part have the same\nmeaning as in DOT Procedures. Violations of DOT Procedures with\nrespect to anti-drug and alcohol programs required by this part are\nviolations of this part.\nThe City failed to conduct, according to the requirements of DOT Procedures, anti-drug and\nalcohol programs required by Part 199. Specifically, the City failed to check on the drug and\nalcohol testing record of employees it is intending to use to perform safety-sensitive duties, as\nrequired by § 40.25, referenced in §§ 199.101(a) and 199.202.\nDuring the inspection, the VA SCC inspector reviewed the City’s Substance Abuse Policy, dated\nSeptember 1, 2006 (SAP). The SAP failed to maintain a written anti-drug plan and alcohol misuse\nplan that included provisions to ensure the City check on the drug and alcohol testing record of\nemployees it is intending to use to perform safety-sensitive duties, as required by §§ 199.101(a),\n199.202, and 40.25. Additionally, the City’s September 5, 2019 response to VA SCC’s Notice of\nInvestigation – Report No. INS-2019-043115, stated in part:\n“While preparing for the State Corporation Commission Audit of the PHMSA Drug &\nAlcohol Plans, it came to the attention of the Department of Human Resources that the\nrequired Alcohol and Drug History pre-employment check for prospective PHMSA\nstaff in the Department of Public Utilities was not being conducted.”\n12020016WL_Warning Letter_11122020_(20-172760)_text Page 3 of 4\n\n\n\nCPF 1-2020-016-WL\nTherefore, the City failed to conduct, according to the requirements of DOT Procedures, anti-drug\nand alcohol programs required by Part 199.\nPHSMA encourages self-reporting of code violations. The City’s transparency was taken into\nconsideration during the selection of administrative enforcement actions.\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$218,647 per violation per day the violation persists, up to a maximum of $2,186,465 for a related\nseries of violations. For violation occurring on or after November 27, 2018 and before July 31,\n2019, the maximum penalty may not exceed $213,268 per violation per day, with a maximum\npenalty not to exceed $2,132,679. For violation occurring on or after November 2, 2015 and before\nNovember 27, 2018, the maximum penalty may not exceed $209,002 per violation per day, with a\nmaximum penalty not to exceed $2,090,022. For violations occurring prior to November 2, 2015,\nthe maximum penalty may not exceed $200,000 per violation per day, with a maximum penalty\nnot to exceed $2,000,000 for a related series of violations. We have reviewed the circumstances\nand supporting 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 City of Richmond being subject to\nadditional enforcement action.\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\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 1-2020-016-WL 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 USB flash drive accompanied by the\noriginal paper copy to the Eastern Region Office.\nSincerely,\nRobert Burrough\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\n12020016WL_Warning Letter_11122020_(20-172760)_text Page 4 of 4","truncated":false,"body_characters":9487}