On September 12, 2007, MG International, Inc. finding the company had knowingly committed three violations of the Hazardous Materials Regulations (HMR). The Default Order assessed a $4,275 civil penalty. Because Petitioner failed to participate in the administrative process within the required time limit, appeal is denied.
The Chief Safety Officer denied the appeal, finding that the Chief Counsel had considered the statutory factors in setting a civil penalty and had already considered the arguments raised by Petitioner. Petitioner must pay the civil penalty of $3,740, as assessed in the Order.
On December 13, 2007, the Chief Counsel issued an Order to Top Cat Chemicals for two violations of the Hazardous Materials Regulations (HMR) and assessed an $8,715 civil penalty, which reflected a substantial reduction from the proposed $14,110. Appellant submitted an appeal challenging the findings of the Chief Counsel. The appeal was dismissed as untimely filed, and the $8,715 penalty stands.
Respondent was assessed a civil penalty of $33,170 for four violations of the HMR when it represented, marked, and certified fiberboard packagings as meeting a performance standard in the HMR without testing the required number of sample packagings (violation No. 1); without achieving consecutive successful tests (violation No. 2); without preconditioning sample packages prior to testing (violation No. 3); and when its test reports did not contain all required information (violation No. 4). Three alleged violations dismissed.