From February 8-10, 2022, PHMSA's Investigator conducted an inspection at Respondent's Bristol, Connecticut facility. PHMSA's investigator reported alleged violations of the HMR and provided the exit briefing to Ms. Brooke Rabe, Technical Services Branch Manager. Upon completion of the compliance inspection, the inspector submitted a report to the Region Director of OHMSFO's Eastern Region, who reviewed the report for accuracy and sufficiency of evidence. Based on that review, the Region Director referred the matter to PHMSA's Office of Chief Counsel thereby recommending the initiation of a civil penalty action against Respondent pursuant to 49 C.F.R. § 107 .311. Based on a preliminary assessment of the apparent nature, circumstances, extent, and gravity of the probable violation, as set forth in the inspector's report, an attorney from PHMSA's Office of Chief Counsel initially issued a Notice of Probable Violation (Notice) on May 6, 2023, alleging one (1) violation of the HMR and proposing a $8,905 civil penalty.

Moving forward, Respondent will package hazardous materials in safe and secure DOT-approved packaging in accordance with applicable DOT regulations. Respondent requested mitigation of the proposed civil penalty based on an increase in the penalty amount due to priors. Upon review, the increase for priors was erroneously applied. In the interest of justice, PHMSA will assess a civil penalty of $6,600 which is an approximately 25% reduction in penalty from the Notice.