Daniels Training Services

D & M Propane Assessed Civil Penalty of $6,000 for two Violations of the Hazardous Material Regulations

D & M Propane Assessed Civil Penalty of $6,000 for two Violations of the Hazardous Material Regulations

By this Order, I find that D & M Propane (Respondent) committed two (2) violations of the Hazardous Materials Regulations (HMR), 49 CFR Parts 171-180, and I assess Respondent a $6,000 civil penalty.
On July 29, 2013, the Office of Chief Counsel issued a Notice of Probable Violation (Notice) to Respondent proposing a $6,000 civil penalty for two (2) violations of the HMR. On August 27,2013, Respondent submitted a payment in the amount of $6,000. By paying the full amount ofthe civil penalty proposed in the Notice, Respondent admitted the violations as alleged in the Notice (49 CFR § 107 .315).
Therefore, I find that Respondent committed the violations as set forth in the Notice.
These violations shall constitute a prior violation under 49 U.S.C. § 5123 in the event Respondent commits any future violation of the Federal hazardous materials transportation law, 49 U.S.C. § 5101 et seq., or the HMR.
By paying the proposed civil penalty, Respondent waived all rights to further respond to the Notice and to appeal this Order. Accordingly, PHMSA accepts Respondent’s August 27,2013 payment in full satisfaction of the civil penalty proposed in the Notice and PHMSA shall close this case with prejudice.

Read the Final Order

As both a Shipper and Carrier of a hazardous material, D & M Propane is subject to more of the HMR than a company that operates solely as one or the other.  My Onsite Training can be directed toward a Shipper or Carrier, or a company that does both.