{"operation":"document","citation":"CPF 12024027WL","title":"DANVILLE, CITY OF — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2024-04-23","effective_on":null,"summary":"CLOSED warning letter citing 192.285(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-12024027wl.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-12024027wl.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-12024027wl","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/12024027WL","body":"Warning Letter involving DANVILLE, CITY OF. PHMSA's enforcement data identifies the cited regulation as 192.285(a). The case was opened on 2024-04-23 and is reported as closed as of 2024-04-23. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n12024027WL_Warning Letter_04232024_(24-303480).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12024027WL/12024027WL_Warning%20Letter_04232024_(24-303480).pdf\n\n12024027WL_Warning Letter_04232024_(24-303480)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12024027WL/12024027WL_Warning%20Letter_04232024_(24-303480)_text.pdf\n\n12024027WL_Warning Letter_04232024_(24-303480)_text.pdf\n\nWARNING LETTER\nOVERNIGHT EXPRESS DELIVERY\nApril 23, 2024\nMr. Jason Grey\nDirector of Utilities\nCity of Danville\n1040 Monument Street\nDanville, Virginia 24540\nCPF 1-2024-027-WL\nDear Mr. Grey:\nBetween January 23, 2024 and February 22, 2024, an inspector from the Virginia State Corporation\nCommission, Division of Pipeline Safety (VA SCC), acting as Agent for the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code\n(U.S.C.), inspected the City of Danville’s (City) pipeline construction of a four-inch plastic main\nlocated near 90 Vandola Road, Danville, Virginia.\nAs a result of the inspection, it is alleged that you have committed a probable violation of the Pipeline\nSafety Regulations, Title 49, Code of Federal Regulations (CFR). The item inspected and the probable\nviolation is:\n1. § 192.285 Plastic pipe; qualifying persons to make joints.\n(a) No person may make a plastic pipe joint unless that person has\nbeen qualified under the applicable joining procedure by:\nThe City failed to ensure that no person may make a plastic pipe joint unless that person has been\nqualified under the applicable joining procedures. Specifically, The City failed to ensure that a person\nmaking a butt fusion joint on a four-inch plastic pipe main was qualified.\nDuring the inspection, the VA SCC inspector observed a four-inch plastic main being joined. The\ninspector reviewed the qualification record of the individual making the joint (Joining Qualification).\nThe Joining Qualification record showed that the individual was not qualified.\nAfter VA SCC brought the concern to the City’s attention, the City remediated the installation by\ncutting out the fusion. The City provided a Fusion Safety and Procedures training session. The City\n\n\n\nalso implemented a protocol for the City’s project inspector to verify qualifications on construction\nprojects and hold meeting with new crew members.\nTherefore, the City failed to ensure that no person makes a plastic pipe joint unless qualified, as\nrequired by § 192.285(a).\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$266,015 per violation per day the violation persists, up to a maximum of $2,660,135 for a related\nseries of violations. For violation occurring on or after January 6, 2023 and before December 28, 2023,\nthe maximum penalty may not exceed $257,664 per violation per day the violation persists, up to a\nmaximum of $2,576,627 for a related series of violations. For violation occurring on or after March\n21, 2022 and before January 6, 2023, the maximum penalty may not exceed $239,142 per violation per\nday the violation persists, up to a maximum of $2,391,142 for a related series of violations. For\nviolation occurring on or after May 3, 2021 and before March 21, 2022, the maximum penalty may not\nexceed $225,134 per violation per day the violation persists, up to a maximum of $2,251,334 for a\nrelated series of violations. For violation occurring on or after January 11, 2021 and before May 3,\n2021, the maximum penalty may not exceed $222,504 per violation per day the violation persists, up\nto a maximum 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 violation\nper day the violation persists, up to a maximum of $2,186,465 for a related series of violations. For\nviolation occurring on or after November 27, 2018 and before July 31, 2019, the maximum penalty\nmay not exceed $213,268 per violation per day, with a maximum penalty not to exceed $2,132,679.\nWe have reviewed the circumstances and supporting documents involved in this case, and have decided\nnot to conduct additional enforcement action or penalty assessment proceedings at this time. We advise\nyou to correct the item(s) identified in this letter. Failure to do so will result in City of Danville being\nsubject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to CPF\n1-2024-027-WL. Be advised that all material you submit in response to this enforcement action is\nsubject to being made publicly available. If you believe that any portion of your responsive material\nqualifies for confidential treatment under 5 U.S.C. § 552(b), along with the complete original document\nyou must provide 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).\nSincerely,\nRobert Burrough\nDirector, Eastern Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration","truncated":false,"body_characters":5501}