CHARLOTTESVILLE, CITY OF — Warning Letter

12023059WL_Warning Letter_09262023_(23-272590)_text.pdf, page 1Official PDFWARNING LETTER OVERNIGHT EXPRESS DELIVERY September 26, 2023 Ms. Lauren Hildebrand Public Utilities Manager City of Charlottesville 305 4th Street Charlottesville, Virginia 22903 CPF 1-2023-059-WL Dear Ms. Hildebrand: From February 10, 2023, to April 11, 2023, 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 a pipeline facility located near West Main Street, Charlottesville, VA operated by the City of Charlottesville (City). As a result of the inspection, it is alleged that you have committed a probable violation of the Pipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The item inspected and the probable violation is: 1. § 192.161 Supports and anchors. (a) … (c) Each support or anchor on an exposed pipeline must be made of durable, noncombustible material and must be designed and installed as follows: During the inspection, VA SCC observed a meter supported by wooden posts along West Main Street in Charlottesville, Virginia. The meter was directly set upon concrete blocks. The concrete blocks were supported by wooden posts stacked underneath them. VA SCC notified the City of the observation, and the City immediately replaced the wooden supports with cinder blocks. Additionally, the City took additional measures to prevent reoccurrence.#

12023059WL_Warning Letter_09262023_(23-272590)_text.pdf, page 2Therefore, the City failed to design each support or anchor on an exposed pipeline to be made of durable, noncombustible material in accordance with § 192.161(c). Under 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed $257,664 per violation per day the violation persists, up to a maximum of $2,576,627 for a related series of violations. For violation occurring on or after March 21, 2022, and before January 6, 2023, the maximum penalty may not exceed $239,142 per violation per day the violation persists, up to a maximum of $2,391,142 for a related series of violations. For violation occurring on or after May 3, 2021, and before March 21, 2022, the maximum penalty may not exceed $225,134 per violation per day the violation persists, up to a maximum of $2,251,334 for a related series of violations. For violation occurring on or after January 11, 2021, and before May 3, 2021, the maximum penalty may not exceed $222,504 per violation per day the violation persists, up to a maximum of $2,225,034 for a related series of violations. For violation occurring on or after July 31, 2019, and before January 11, 2021, the maximum penalty may not 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. 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 identified in this letter. Failure to do so will result in City of Charlottesville being subject to additional enforcement action. No reply to this letter is required. If you choose to reply, in your correspondence please refer to CPF 1-2023-059-WL. 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). Sincerely, Robert Burrough Director, Eastern Region, Office of Pipeline Safety Pipeline and Hazardous Materials Safety Administration#