CITY OF SUSANVILLE — Notice of Probable Violation

case documentOfficial PDF520200009_NOPV PCO_07132020.pdf#

case documentOfficial PDF520200009_NOPV PCO_07132020_text.pdf#

party submissionOfficial PDF520200009_Operator Response to Notice_08072020.pdf#

520200009_Final Order_08282020_text.pdf, page 1Official PDFAugust 28, 2020 VIA ELECTRONIC MAIL TO: kjones@cityofsusanville.org Mr. Kevin Jones Interim City Administrator City of Susanville 66 North Lassen Street Susanville, California 96130 Re: CPF No. 5-2020-0009 Dear Mr. Jones: Enclosed please find the Final Order issued in the above-referenced case. It makes findings of violation and specifies actions that need to be taken to comply with the pipeline safety regulations. When the terms of the compliance order are completed, as determined by the Director, Western Region, this enforcement action will be closed. Service of the Final Order by electronic mail is effective upon the date of transmission as provided under 49 C.F.R. § 190.5. Thank you for your cooperation in this matter. Sincerely, Alan K. Mayberry Associate Administrator for Pipeline Safety Enclosures (Final Order and NOPV) cc: Mr. Dustin B. Hubbard, Director, Western Region, Office of Pipeline Safety, PHMSA Mr. Daniel Gibbs, Acting Public Works Director, City of Susanville, dgibbs@cityofsusanville.org CONFIRMATION OF RECEIPT REQUESTED#

520200009_Final Order_08282020_text.pdf, page 2U.S. DEPARTMENT OF TRANSPORTATION PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION OFFICE OF PIPELINE SAFETY WASHINGTON, D.C. 20590 ____________________________________ In the Matter of ) City of Susanville, California, ) CPF No. 5-2020-0009 a municipal corporation, ) ) ) ) Respondent. ) ____________________________________) FINAL ORDER On July 13, 2020, pursuant to 49 C.F.R. § 190.207, the Director, Western Region, Office of Pipeline Safety (OPS), issued a Notice of Probable Violation (Notice) to City of Susanville (Respondent). The Notice proposed finding that Respondent had violated the pipeline safety regulations in 49 C.F.R. Part 192. The Notice also proposed certain measures to correct the violations. Respondent did not contest the allegations of violation or corrective measures. Based upon a review of all of the evidence, pursuant to § 190.213, I find Respondent violated the pipeline safety regulations listed below, as more fully described in the enclosed Notice, which is incorporated by reference: 49 C.F.R. § 192.616(c) (Item 1) ─ Respondent failed to complete an annual audit or review pursuant to API RP 1162, Section 8.3, of whether its public awareness program had been developed and implemented according to the guidelines of API RP 1162; and 49 C.F.R. § 192.616(c) (Item 2) ─ Respondent failed to conduct a program effectiveness survey in 2018, four years since its last survey, pursuant to API RP 1162, Section 8.4.2. These findings of violation will be considered prior offenses in any subsequent enforcement action taken against Respondent. COMPLIANCE ACTIONS Pursuant to 49 U.S.C. § 60118(b) and 49 C.F.R. § 190.217, Respondent is ordered to take the actions proposed in the enclosed Notice to correct the violations. The Director may grant an extension of time to comply with any of the required items upon a written request timely#

520200009_Final Order_08282020_text.pdf, page 3CPF No. 5-2020-0009 Page 2 submitted by the Respondent and demonstrating good cause for an extension. Upon completion of ordered actions, Respondent may request that the Director close the case. Failure to comply with this Order may result in the assessment of civil penalties under 49 C.F.R. § 190.223 or in referral to the Attorney General for appropriate relief in a district court of the United States. The terms and conditions of this order are effective upon service in accordance with 49 C.F.R. § 190.5. August 28, 2020 ___________________________________ _________________________ Alan K. Mayberry Date Issued Associate Administrator for Pipeline Safety#

520200009_Closure Letter_02242021_text.pdf, page 1Official PDFVIA E-MAIL TO MR. KEVIN JONES February 24, 2021 Mr. Kevin Jones Interim City Administrator City of Susanville 66 North Lassen Street Susanville, CA 96130 CPF 5-2020-0009 Closure Letter Dear Mr. Jones: On August 28, 2020, the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued to the City of Susanville a Final Order in the above-referenced case. This Order included a Compliance Order. Based on our review of the documentation the City provided, it has been determined that the City has complied with the terms of this Order. Accordingly, this case is now closed and no further action is contemplated with respect to the matters involved in this case. Thank you for your cooperation in this matter. Sincerely, Dustin Hubbard Director, Western Region Pipeline and Hazardous Materials Safety Administration cc: PHP-60 Compliance Registry PHP-500 J. Dunphy (#165835) Terrence Eng, Program Manager, Gas Safety and Reliability Branch, California Public Utilities Commission, terrence.eng@cpuc.ca.gov Dan Newton, Public Works Director, City of Susanville, dnewton@cityofsusanville.org#