{"operation":"document","citation":"CPF 12023058WL","title":"DANVILLE, CITY OF — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2023-09-26","effective_on":null,"summary":"CLOSED warning letter citing 192.605(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-12023058wl.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-12023058wl.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-12023058wl","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/12023058WL","body":"Warning Letter involving DANVILLE, CITY OF. PHMSA's enforcement data identifies the cited regulation as 192.605(a). The case was opened on 2023-09-26 and is reported as closed as of 2023-09-26. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n12023058WL_Warning Letter_09262023_(23-281410).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023058WL/12023058WL_Warning%20Letter_09262023_(23-281410).pdf\n\n12023058WL_Warning Letter_09262023_(23-281410)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023058WL/12023058WL_Warning%20Letter_09262023_(23-281410)_text.pdf\n\n12023058WL_Warning Letter_09262023_(23-281410)_text.pdf\n\nWARNING LETTER\nOVERNIGHT EXPRESS DELIVERY\nSeptember 26, 2023\nMr. Jason Grey\nDirector of Utilities\nCity of Danville\n1040 Monument Street\nDanville, Virginia 24540\nCPF 1-2023-058-WL\nDear Mr. Grey:\nFrom March 14, 2023, to July 10, 2023, 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\nStates Code (U.S.C.) inspected procedures and installation of a service line located along Westover\nDrive, in Danville, VA operated by the City of Danville (City).\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 item inspected and\nthe probable violation is:\n1. § 192.605 Procedural manual for operations, maintenance, and emergencies.\n(a) General. Each operator shall prepare and follow for each\npipeline, a manual of written procedures for conducting operations and\nmaintenance activities and for emergency response. For transmission\nlines, the manual must also include procedures for handling abnormal\noperations. This manual must be reviewed and updated by the operator\nat intervals not exceeding 15 months, but at least once each calendar\nyear. This manual must be prepared before operations of a pipeline\nsystem commence. Appropriate parts of the manual must be kept at\nlocations where operations and maintenance activities are conducted.\n\n\n\nDuring the inspection, VA SCC observed the installation of a service pipe along Westover Dr.,\nDanville, Virginia. The service line did not have a minimum separation between the natural gas\npipe and another underground pipe, a private sewer lateral, as required per the City’s procedure.\nHowever, the Construction Services procedure provided inconsistent direction on the minimum\nrequired separation.\nConstruction Services procedure stated in part:\n“5.3 Cover and Clearance\nThe service pipe shall be installed…. A twelve (12) inch minimum clearance above and below\nany existing underground obstruction shall be maintained during the installation. …\n…\n5.6.3 Lowering and Laying\nPolyethylene pipe shall ….\nAll pipe shall be installed to fit the trench without the use of external forces to hold it in place\nuntil the backfill is complete. There shall be at least six (6) inches of clearance between the\npipe and any other underground structure. …”\nAfter VA SCC brought the concern to the City’s attention, the City remediated the installation.\nThe City provided 9-inches of separation between the service and the underground structure since\nthere was not a concern that a sewer lateral would be a source of heat.\nTherefore, the City failed to follow its Construction Services written procedures in accordance\nwith § 192.605(a).\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$257,664 per violation per day the violation persists, up to a maximum of $2,576,627 for a related\nseries of violations. For violation occurring on or after March 21, 2022, and before January 6,\n2023, the maximum penalty may not exceed $239,142 per violation per day the violation persists,\nup to a maximum of $2,391,142 for a related series of violations. For violation occurring on or\nafter May 3, 2021, and before March 21, 2022, the maximum penalty may not exceed $225,134\nper violation per day the violation persists, up to a maximum of $2,251,334 for a related series of\nviolations. For violation occurring on or after January 11, 2021, and before May 3, 2021, the\nmaximum penalty may not exceed $222,504 per violation per day the violation persists, up to a\nmaximum of $2,225,034 for a related series of violations. For violation occurring on or after July\n31, 2019, and before January 11, 2021, the maximum penalty may not exceed $218,647 per\nviolation per day the violation persists, up to a maximum of $2,186,465 for a related series of\nviolations. For violation occurring on or after November 27, 2018, and before July 31, 2019, the\nmaximum penalty may not exceed $213,268 per violation per day, with a maximum penalty not to\nexceed $2,132,679. For violation occurring on or after November 2, 2015, and before November\n27, 2018, the maximum penalty may not exceed $209,002 per violation per day, with a maximum\npenalty not to exceed $2,090,022.\nWe have reviewed the circumstances and supporting documents involved in this case, and have\ndecided not to conduct additional enforcement action or penalty assessment proceedings at this\ntime. We advise you to correct the item identified in this letter. Failure to do so will result in City\nof Danville being subject to additional enforcement action.\n\n\n\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\nCPF 1-2023-058-WL. Be advised that all material you submit in response to this enforcement\naction is subject to being made publicly available. If you believe that any portion of your\nresponsive material qualifies for confidential treatment under 5 U.S.C. § 552(b), along with the\ncomplete original document you must provide a second copy of the document with the portions\nyou believe qualify for confidential treatment redacted and an explanation of why you believe the\nredacted information qualifies for confidential treatment under 5 U.S.C. § 552(b).\nSincerely,\nRobert Burrough\nDirector, Eastern Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration","truncated":false,"body_characters":6256}