# RICHMOND, CITY OF — Warning Letter

- **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:** Not available
- **summary:** CLOSED warning letter citing 192.721(b)(2), 192.805(b), 199.5.
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- **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.

Official case documents:

12020016WL_Warning Letter_11122020_(20-172760).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12020016WL/12020016WL_Warning%20Letter_11122020_(20-172760).pdf

12020016WL_Warning Letter_11122020_(20-172760)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12020016WL/12020016WL_Warning%20Letter_11122020_(20-172760)_text.pdf

12020016WL_Warning Letter_11122020_(20-172760)_text.pdf

WARNING LETTER
OVERNIGHT EXPRESS DELIVERY
November 12, 2020
Calvin Farr Jr.
Director – City of Richmond DPU
City of Richmond
730 East Broad Street
Richmond, VA 23219
CPF 1-2020-016-WL
Dear Calvin Farr Jr.:
On June 04, 2019 to January 7, 2020, an inspector from the Virginia State Corporation
Commission, Division of Pipeline Safety (VA SCC), acting as Agent for the Pipeline and
Hazardous Materials Safety Administration (PHMSA) pursuant to Chapter 601 of 49 United States
Code (U.S.C.) inspected City of Richmond’s (the City) records and procedures near Old Osborne
Turnpike’s exposed creek crossing and Jefferson Davis Highway, Richmond, VA
As a result of the inspection, it is alleged that you have committed probable violations of the
Pipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The items inspected
and the probable violations are:
1. § 192.721 Distribution systems: Patrolling
(a) …
(b) Mains in places or on structures where anticipated physical
movement or external loading could cause failure or leakage must be
patrolled–
(1) …
(2) Outside business districts, at intervals not exceeding 7½ months,
but at least twice each calendar year.
The City failed to patrol its distribution system mains outside business districts, at intervals not
exceeding 7 ½ months, but at least twice each calendar year. Specifically, the City failed to patrol



CPF 1-2020-016-WL
a distribution system main located at Old Osborne Turnpike at the required intervals.
During the inspection, the VA SCC inspector reviewed the City’s Procedures Manual, Patrolling,
Effective 01/16/15 and electronic tracking records of patrolling history for exposed pipe for
calendar years 2017, 2018, and 2019. The records did not contain an exposed eight-inch steel main
located at Old Osborne Turnpike. The steel main, which became active on December 20, 2016,
crosses a creek and is located outside of a business district. The City’s September 30, 2019
response to VA SCC’s Notice of Investigation – Report No. 2019-046410, stated in part: “The
City of Richmond, Richmond Gas Works, has failed to patrol the 8” steel main located at Old
Osborne Turnpike for almost three years since the main was installed and made active on
12/20/2016.”
Therefore, the City failed to patrol a distribution system main located outside a business district at
intervals not exceeding 7 ½ months, but at least twice each calendar year.
2. § 192.805 Qualification program.
Each operator shall have and follow a written qualification
program. The program shall include provisions to:
(a) …
(b) Ensure through evaluation that individuals performing covered
tasks are qualified;
The City failed to ensure through evaluation that individuals performing covered tasks are
qualified. Specifically, the City’s employee performed annual corrosion survey while not qualified
to perform the covered task.
During the inspection, the VA SCC requested “all applicable OQ [operator qualification] tasks an
employee must possess to perform annual monitoring for cathodic protection.” The City responded
by providing a list of four qualifications, one of which was Cathodic Protection System Testing:
General.
VA SCC also reviewed the City’s Employee History Report records which document the
qualification history for individual City employees who perform covered tasks. The Employee
History Report showed that the City’s technician ‘DH’ did not possess OQ qualification for
PEF192-0505.01 Cathodic Protection System Testing: General between 12/13/2016 and
1/23/2017. Additionally, the Employee History Report showed that technician ‘RC’ was not
qualified for PEF192-0505.01 Cathodic Protection System Testing: General until 5/23/2017.
VA SCC reviewed Corrosion Survey records. Table 1 below, created by PHMSA based on the
information City provided in its Corrosion Survey records, lists dates the City’s technicians
performed a covered task while not qualified.
12020016WL_Warning Letter_11122020_(20-172760)_text Page 2 of 4



CPF 1-2020-016-WL
Table 1: Date Covered Task Performed by Un-Qualified Technician.
Date Technician(s) Location-Area Test Station(s)
1/4/17 DH Parham Rd TS9
TS10
TS11
TS12
TS13 East
TS13 West
1/6/17 DH
RC
London 1
2
3 City
4 1-KT
4 2-KT
1/6/17 DH Westshire Apts 1 1-knot
1 2-knot
2
3 1-knot
Therefore, the City failed to ensure through evaluation that individuals performing covered tasks
are qualified.
3. § 199.5 DOT procedures
The anti-drug and alcohol programs required by this part must be
conducted according to the requirements of this part and DOT
Procedures. Terms and concepts used in this part have the same
meaning as in DOT Procedures. Violations of DOT Procedures with
respect to anti-drug and alcohol programs required by this part are
violations of this part.
The City failed to conduct, according to the requirements of DOT Procedures, anti-drug and
alcohol programs required by Part 199. Specifically, the City failed to check on the drug and
alcohol testing record of employees it is intending to use to perform safety-sensitive duties, as
required by § 40.25, referenced in §§ 199.101(a) and 199.202.
During the inspection, the VA SCC inspector reviewed the City’s Substance Abuse Policy, dated
September 1, 2006 (SAP). The SAP failed to maintain a written anti-drug plan and alcohol misuse
plan that included provisions to ensure the City check on the drug and alcohol testing record of
employees it is intending to use to perform safety-sensitive duties, as required by §§ 199.101(a),
199.202, and 40.25. Additionally, the City’s September 5, 2019 response to VA SCC’s Notice of
Investigation – Report No. INS-2019-043115, stated in part:
“While preparing for the State Corporation Commission Audit of the PHMSA Drug &
Alcohol Plans, it came to the attention of the Department of Human Resources that the
required Alcohol and Drug History pre-employment check for prospective PHMSA
staff in the Department of Public Utilities was not being conducted.”
12020016WL_Warning Letter_11122020_(20-172760)_text Page 3 of 4



CPF 1-2020-016-WL
Therefore, the City failed to conduct, according to the requirements of DOT Procedures, anti-drug
and alcohol programs required by Part 199.
PHSMA encourages self-reporting of code violations. The City’s transparency was taken into
consideration during the selection of administrative enforcement actions.
Under 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed
$218,647 per violation per day the violation persists, up to a maximum of $2,186,465 for a related
series of violations. For violation occurring on or after November 27, 2018 and before July 31,
2019, the maximum penalty may not exceed $213,268 per violation per day, with a maximum
penalty not to exceed $2,132,679. For violation occurring on or after November 2, 2015 and before
November 27, 2018, the maximum penalty may not exceed $209,002 per violation per day, with a
maximum penalty not to exceed $2,090,022. For violations occurring prior to November 2, 2015,
the maximum penalty may not exceed $200,000 per violation per day, with a maximum penalty
not to exceed $2,000,000 for a related series of violations. We have reviewed the circumstances
and supporting documents involved in this case, and have decided not to conduct additional
enforcement action or penalty assessment proceedings at this time. We advise you to correct the
item(s) identified in this letter. Failure to do so will result in City of Richmond being subject to
additional enforcement action.
Be advised that all material you submit in response to this enforcement action is subject to being
made publicly available. If you believe that any portion of your responsive material qualifies for
confidential treatment under 5 U.S.C. 552(b), along with the complete original document you must
provide a second copy of the document with the portions you believe qualify for confidential
treatment redacted and an explanation of why you believe the redacted information qualifies for
confidential treatment under 5 U.S.C. 552(b).
No reply to this letter is required. If you choose to reply, please submit all correspondence in this
matter to Robert Burrough, Director, PHMSA Eastern Region, 840 Bear Tavern Road, Suite 300,
West Trenton, NJ 08628. Please refer to CPF 1-2020-016-WL on each document you submit, and
whenever possible provide a signed PDF copy in electronic format. Smaller files may be emailed
to robert.burrough@dot.gov. Larger files should be sent on USB flash drive accompanied by the
original paper copy to the Eastern Region Office.
Sincerely,
Robert Burrough
Director, Eastern Region
Pipeline and Hazardous Materials Safety Administration
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