By this Order, I find that Flow Chem Technologies, LLC (Respondent) committed five (5) violations of the Hazardous Materials Regulations (HMR), 49 CFR Parts 171-180, and I assess Respondent a $7,775 civil penalty.
On July 16, 2013, the Office of Chief Counsel issued a Notice of Probable Violation (Notice) to Respondent proposing a $7,775 civil penalty for five (5) violations of the HMR. On August 6, 20 13 Respondent submitted a payment in the amount of $7,775. 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 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 6, 2013 payment in full satisfaction of the civil penalty proposed in the Notice and PHMSA shall close this case with prejudice.
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