# CITY OF DULUTH PUBLIC WORKS & UTILITIES — Warning Letter

- **operation:** document
- **citation:** CPF 320111006W
- **title:** CITY OF DULUTH PUBLIC WORKS & UTILITIES — Warning Letter
- **source type:** enforcement
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** historical
- **official:** true
- **published on:** 2011-04-07
- **effective on:** Not available
- **summary:** CLOSED warning letter citing 192.605(a).
- **machine formats:** - **json:** https://regulus.evalyn.ai/document/phmsa-enforcement-320111006w.json
- **markdown:** https://regulus.evalyn.ai/document/phmsa-enforcement-320111006w.md
- **app url:** https://regulus.evalyn.ai/document/phmsa-enforcement-320111006w
- **source url:** https://primis.phmsa.dot.gov/enforcement-data/case/320111006W
**body:**

Warning Letter involving CITY OF DULUTH PUBLIC WORKS & UTILITIES. PHMSA's enforcement data identifies the cited regulation as 192.605(a). The case was opened on 2011-04-07 and is reported as closed as of 2011-04-07. Open the official case record for notices, responses, orders, and the latest status.

Official case documents:

320111006W_Warning Letter_04072011.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320111006W/320111006W_Warning%20Letter_04072011.pdf

320111006W_Warning Letter_04072011_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320111006W/320111006W_Warning%20Letter_04072011_text.pdf

320111006W_Warning Letter_04072011_text.pdf

WARNING LETTER
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
April 7, 2011
Mr. Jim Benning, Director
City of Duluth Public Works and Utilities
City Hall
411 West 1st Street
Duluth, Minnesota 55802
CPF 3-2011-1006W
Dear Mr. Benning:
On May 10-12, 2010, representatives of the Pipeline and Hazardous Materials Safety
Administration (PHMSA) and the Minnesota Office of Pipeline Safety (MNOPS) pursuant
to Chapter 601 of 49 United States Code inspected the City of Duluth Public Works and
Utilities (Duluth) interstate natural gas transmission pipeline in Duluth, Minnesota.
As a result of the inspection, it appears that you have committed a probable violation of the
Pipeline Safety Regulations, Title 49, Code of Federal Regulations. The item inspected
and the probable violation is:
1. §192.605 Procedural manual for operations, maintenance, and emergencies.
(a) General. Each operator shall prepare and follow for each pipeline, a manual
of written procedures for conducting operations and maintenance activities and
for emergency response. For transmission lines, the manual must also include
procedures for handling abnormal operations. This manual must be reviewed
and updated by the operator at intervals not exceeding 15 months, but at least one
each calendar year. This manual must be prepared before operations of a
pipeline system commence. Appropriate parts of the manual must be kept at
locations where operations and maintenance activities are conducted.



Duluth had not reviewed its operations and maintenance (O&M) manual within the
required 15 month interval. Duluth conducted O&M manual reviews on January 23, 2007,
April 21, 2008, and August 12, 2009. The period from April 21, 2008 to August 12, 2009
exceeded the maximum 15 month interval by 22 days.
Under 49 United States Code, § 60122, you are subject to a civil penalty not to exceed
$100,000 for each violation for each day the violation persists up to a maximum of
$1,000,000 for any related series of violations. 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(s) identified in this letter. Failure to do so will result in City of Duluth
Public Works and Utilities 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 3-2011-1006W. 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,
David Barrett
Director, Central Region
Pipeline and Hazardous Materials Safety Administration
cc: Ms. Elizabeth Skalnek, Minnesota Office of Pipeline Safety
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