{"operation":"document","citation":"CPF 12025029WL","title":"RICHMOND, CITY OF — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2025-07-01","effective_on":null,"summary":"CLOSED warning letter citing 192.605(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-12025029wl.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-12025029wl.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-12025029wl","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/12025029WL","body":"Warning Letter involving RICHMOND, CITY OF. PHMSA's enforcement data identifies the cited regulation as 192.605(a). The case was opened on 2025-07-01 and is reported as closed as of 2025-07-01. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n12025029WL_Warning Letter_07012025_(25-336768).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12025029WL/12025029WL_Warning%20Letter_07012025_(25-336768).pdf\n\n12025029WL_Warning Letter_07012025_(25-336768)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12025029WL/12025029WL_Warning%20Letter_07012025_(25-336768)_text.pdf\n\n12025029WL_Warning Letter_07012025_(25-336768)_text.pdf\n\nWARNING LETTER\nVIA ELECTRONIC MAIL TO: daniel.rifenburgh@rva.gov\nJuly 1, 2025\nMr. David Rifenburgh\nDirector\nCity of Richmond\n400 Richmond Highway\nRichmond, Virginia 23224\nCPF 1-2025-029-WL\nDear Mr. Rifenburgh:\nOn April 18, 2024, an inspector from the Virginia State Corporation Commission, Division of\nPipeline Safety (VA SCC), acting as an agent for the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to Chapter 601 of 49 United States Code (U.S.C.) inspected\nthe City of Richmond’s (City) natural gas distribution pipeline system near the intersection of West\nEnd Drive and Whitemont Drive in Richmond, Virginia.\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\nThe City failed to follow its manual of written procedures for conducting operations and\nmaintenance activities in accordance with section 192.605(a). Specifically, the City failed to\nfollow its operations and maintenance procedures manual, UTILITY: Natural Gas, Volume I,\nChapter/Section 5/I, Topic: Damage Prevention Program (09/01/16) (DP Procedure), by not\nmarking the approximate location of its gas main distribution pipeline to within two feet on either\nside of the pipeline.\nThe DP Procedure, in section C.4 stated that “[i]n the event that the mark out person determines\nunderground gas facilities may be located in the immediate vicinity of the specific site, the\napproximate location (within 2 feet of either side of the facility) of such facilities shall be marked\nin accordance with this procedure in such a manner that it will enable the excavator to establish\nthe location of the facilities so marked.”\nDuring the inspection, VA SCC was informed by City personnel that a six-inch plastic gas main\n(Main) on West End Drive had been damaged by a third-party excavator. The third-party excavator\nwas working under an active Virginia 811 emergency locate request to repair a broken sewer lateral\nwhen it damaged the Main with mechanized equipment. City personnel had isolated the damaged\nsection of pipe at three different valves in the area prior to VA SCC’s arrival. No injuries were\nreported as a result of the damage.\nThe VA SCC inspector’s on-site investigation discovered that the Main was located approximately\n4.5 feet from the location marks the City placed during its response to the third-party excavator’s\nVirginia 811 emergency locate request (A410900075-00A). The City’s failure to mark the Main’s\nlocation to within two feet of the pipeline’s approximate location led to excavation damage.\nTherefore, the City failed to follow its manual of written procedures for conducting operations and\nmaintenance activities in accordance with section 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$272,926 per violation per day the violation persists, up to a maximum of $2,729,245 for a related\nseries of violations. For violation occurring on or after December 28, 2023 and before December\n30, 2024, the maximum penalty may not exceed $266,015 per violation per day the violation\npersists, up to a maximum of $2,660,135 for a related series of violations. For violation occurring\non or after January 6, 2023 and before December 28, 2023, the maximum penalty may not 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, 2023,\nthe maximum penalty may not exceed $239,142 per violation per day the violation persists, up to\na maximum of $2,391,142 for a related series of violations. For violation occurring on or after\nMay 3, 2021 and before March 21, 2022, the maximum penalty may not exceed $225,134 per\nviolation 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.\n\n\n\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 may result in City\nof Richmond 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 1-2025-029-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":7005}