# CITY OF DULUTH PUBLIC WORKS & UTILITIES — Warning Letter

- **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:** Not available
- **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.

Official case documents:

32024074WL_Warning Letter_10162024_(24-299100).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32024074WL/32024074WL_Warning%20Letter_10162024_(24-299100).pdf

32024074WL_Warning Letter_10162024_(24-299100)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32024074WL/32024074WL_Warning%20Letter_10162024_(24-299100)_text.pdf

32024074WL_Warning Letter_10162024_(24-299100)_text.pdf

WARNING LETTER
VIA ELECTRONIC MAIL TO: jbenning@duluthmn.gov; hsmith@duluthmn.gov
October 16, 2024
Jim Benning, Director
City of Duluth Public Works & Utilities
411 West First Street, Rm 240
Duluth, MN 55802
CPF 3-2024-074-WL
Dear Mr. Benning:
From August 12, 2024, through August 16, 2024, a representative of the Pipeline and Hazardous
Materials Safety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code
(U.S.C.), inspected City of Duluth Public Works & Utilities’ (“Duluth PWU”) Gas transportation
and Gas Distribution systems in St. Louis County, Minnesota and Douglas County, Wisconsin.
Both headquarters and field inspections were completed.
As a result of the inspection, it is alleged that Duluth PWU has committed a probable violation of
the Pipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The item
inspected and the probable violation is:
1. § 192.603 General provisions.
(a) . . . .
(b) Each operator shall keep records necessary to administer the procedures
established under § 192.605.
Duluth PWU failed to keep records necessary to administer the procedures established under
§ 192.605. Specifically, Duluth PWU did not keep records of liaison with public officials in the
state of Wisconsin, as required by § 192.615(c) for calendar year 2023, and for 2024 up until the
time of PHMSA’s August 2024 inspection. Emergency procedures and liaison with public
officials, as described in § 192.615, is required by § 192.605(e). During the PHMSA inspection,
Duluth PWU was unable to produce records showing that they had maintained liaison with
public officials in Wisconsin. Thus, Duluth PWU violated § 192.603(b).



Under 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed
$266,015 per violation per day the violation persists, up to a maximum of $2,660,135 for a
related series of violations. For violation occurring on or after January 6, 2023 and before
December 28, 2023, the maximum penalty may not exceed $257,664 per violation per day the
violation persists, up to a maximum of $2,576,627 for a related series of violations. For violation
occurring on or after March 21, 2022 and before January 6, 2023, the maximum penalty may not
exceed $239,142 per violation per day the violation persists, up to a maximum of $2,391,142 for
a related series of violations. For violation occurring on or after May 3, 2021 and before March
21, 2022, the maximum penalty may not exceed $225,134 per violation per day the violation
persists, up to a maximum of $2,251,334 for a related series of violations. For violation
occurring on or after January 11, 2021 and before May 3, 2021, the maximum penalty may not
exceed $222,504 per violation per day the violation persists, up to a maximum of $2,225,034 for
a related series of violations. For violation occurring on or after July 31, 2019 and before
January 11, 2021, the maximum penalty may not exceed $218,647 per violation per day the
violation persists, up to a maximum of $2,186,465 for a related series of violations. For violation
occurring on or after November 27, 2018 and before July 31, 2019, the maximum penalty may
not exceed $213,268 per violation per day, with a maximum penalty not to exceed $2,132,679.
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 identified in this letter. Failure to do so will result in
City of Duluth Public Works & 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 3-2024-074-WL. 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,
Gregory A. Ochs
Director, Central Region, Office of Pipeline Safety
Pipeline and Hazardous Materials Safety Administration
cc: Howard Smith, Project Engineer, City of Duluth Public Works & Utilities,
hsmith@DuluthMN.gov
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