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Interstate Chemical Company, Inc. Assessed $2,531 Civil Penalty for Violation of the Hazardous Materials Regulations

Interstate Chemical Company, Inc. Assessed $2,531 Civil Penalty for Violation of the Hazardous Materials Regulations

By this Order, I find that Interstate Chemical Company, Inc. (Respondent) committed one (1) violation of the Hazardous Materials Regulations (HMR), 49 CFR Parts 171-180, and I assess Respondent a $2,531 civil penalty.

On September 3, 2013, the Office of Chief Counsel issued a Notice of Probable Violation (Notice) to Respondent proposing a $2,531 civil penalty for one (1) violation of the HMR. On September 27, 2013, Respondent submitted a payment in the amount of $2,531. By paying the full amount of the civil penalty proposed in the Notice, Respondent admitted the violation as alleged in the Notice (49 CFR § I 07.315).

Therefore, I find Respondent committed the violation as set forth in the Notice. This violation 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 September 27, 2013 payment in full satisfaction ofthe civil penalty proposed in the Notice and PHMSA shall close this case with prejudice.

Read the Final Order.

Though the violation of the HMR is not included in the final order, It is my opinion that proper HazMat Employee Training could have prevented this unfortunate incident.  Contact me with any questions you may have about the hazardous materials regulations of the PHMSA, including the requirement to provide triennial training for your HazMat Employees.