{"operation":"document","citation":"CPF 12023059WL","title":"CHARLOTTESVILLE, 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 192.161(c).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-12023059wl.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-12023059wl.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-12023059wl","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/12023059WL","body":"Warning Letter involving CHARLOTTESVILLE, CITY OF. PHMSA's enforcement data identifies the cited regulation as 192.161(c). 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\n12023059WL_Warning Letter_09262023_(23-272590).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023059WL/12023059WL_Warning%20Letter_09262023_(23-272590).pdf\n\n12023059WL_Warning Letter_09262023_(23-272590)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023059WL/12023059WL_Warning%20Letter_09262023_(23-272590)_text.pdf\n\n12023059WL_Warning Letter_09262023_(23-272590)_text.pdf\n\nWARNING LETTER\nOVERNIGHT EXPRESS DELIVERY\nSeptember 26, 2023\nMs. Lauren Hildebrand\nPublic Utilities Manager\nCity of Charlottesville\n305 4th Street\nCharlottesville, Virginia 22903\nCPF 1-2023-059-WL\nDear Ms. Hildebrand:\nFrom February 10, 2023, to April 11, 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 a pipeline facility located near West Main Street, Charlottesville,\nVA operated by the City of Charlottesville (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. § 192.161 Supports and anchors.\n(a) …\n(c) Each support or anchor on an exposed pipeline must be made of\ndurable, noncombustible material and must be designed and installed\nas follows:\nDuring the inspection, VA SCC observed a meter supported by wooden posts along West Main\nStreet in Charlottesville, Virginia. The meter was directly set upon concrete blocks. The concrete\nblocks were supported by wooden posts stacked underneath them. VA SCC notified the City of\nthe observation, and the City immediately replaced the wooden supports with cinder blocks.\nAdditionally, the City took additional measures to prevent reoccurrence.\n\n\n\nTherefore, the City failed to design each support or anchor on an exposed pipeline to be made of\ndurable, noncombustible material in accordance with § 192.161(c).\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 Charlottesville being subject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\nCPF 1-2023-059-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":5063}