{"operation":"document","citation":"CPF 32024074WL","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":"2024-10-16","effective_on":null,"summary":"CLOSED warning letter citing 192.603(b).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-32024074wl.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-32024074wl.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-32024074wl","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/32024074WL","body":"Warning Letter involving CITY OF DULUTH PUBLIC WORKS & UTILITIES. PHMSA's enforcement data identifies the cited regulation as 192.603(b). The case was opened on 2024-10-16 and is reported as closed as of 2024-10-16. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n32024074WL_Warning Letter_10162024_(24-299100).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32024074WL/32024074WL_Warning%20Letter_10162024_(24-299100).pdf\n\n32024074WL_Warning Letter_10162024_(24-299100)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32024074WL/32024074WL_Warning%20Letter_10162024_(24-299100)_text.pdf\n\n32024074WL_Warning Letter_10162024_(24-299100)_text.pdf\n\nWARNING LETTER\nVIA ELECTRONIC MAIL TO: jbenning@duluthmn.gov; hsmith@duluthmn.gov\nOctober 16, 2024\nJim Benning, Director\nCity of Duluth Public Works & Utilities\n411 West First Street, Rm 240\nDuluth, MN 55802\nCPF 3-2024-074-WL\nDear Mr. Benning:\nFrom August 12, 2024, through August 16, 2024, a representative of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code\n(U.S.C.), inspected City of Duluth Public Works & Utilities’ (“Duluth PWU”) Gas transportation\nand Gas Distribution systems in St. Louis County, Minnesota and Douglas County, Wisconsin.\nBoth headquarters and field inspections were completed.\nAs a result of the inspection, it is alleged that Duluth PWU has committed a probable violation of\nthe Pipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The item\ninspected and the probable violation is:\n1. § 192.603 General provisions.\n(a) . . . .\n(b) Each operator shall keep records necessary to administer the procedures\nestablished under § 192.605.\nDuluth PWU failed to keep records necessary to administer the procedures established under\n§ 192.605. Specifically, Duluth PWU did not keep records of liaison with public officials in the\nstate of Wisconsin, as required by § 192.615(c) for calendar year 2023, and for 2024 up until the\ntime of PHMSA’s August 2024 inspection. Emergency procedures and liaison with public\nofficials, as described in § 192.615, is required by § 192.605(e). During the PHMSA inspection,\nDuluth PWU was unable to produce records showing that they had maintained liaison with\npublic officials in Wisconsin. Thus, Duluth PWU violated § 192.603(b).\n\n\n\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\nrelated series of violations. For violation occurring on or after January 6, 2023 and before\nDecember 28, 2023, the maximum penalty may not exceed $257,664 per violation per day the\nviolation persists, up to a maximum of $2,576,627 for a related series of violations. For violation\noccurring on or after March 21, 2022 and before January 6, 2023, the maximum penalty may not\nexceed $239,142 per violation per day the violation persists, up to a maximum of $2,391,142 for\na related series of violations. For violation occurring on or after May 3, 2021 and before March\n21, 2022, the maximum penalty may not exceed $225,134 per violation per day the violation\npersists, up to a maximum of $2,251,334 for a related series of violations. For violation\noccurring on or after January 11, 2021 and before May 3, 2021, the maximum penalty may not\nexceed $222,504 per violation per day the violation persists, up to a maximum of $2,225,034 for\na related series of violations. For violation occurring on or after July 31, 2019 and before\nJanuary 11, 2021, the maximum penalty may not exceed $218,647 per violation per day the\nviolation persists, up to a maximum of $2,186,465 for a related series of violations. For violation\noccurring on or after November 27, 2018 and before July 31, 2019, the maximum penalty may\nnot 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\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\nCity of Duluth Public Works & Utilities 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 3-2024-074-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\nthe redacted information qualifies for confidential treatment under 5 U.S.C. § 552(b).\nSincerely,\nGregory A. Ochs\nDirector, Central Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\ncc: Howard Smith, Project Engineer, City of Duluth Public Works & Utilities,\nhsmith@DuluthMN.gov","truncated":false,"body_characters":5247}