Handi Clean Products - Compromise Order - 24-0115-SH-SO
On January 11, 2024, Investigators from PHMSA' s Office of Hazardous Materials Safety Field Operations ("OHMSFO") conducted an inspection at Respondent's facility in Greensboro, North Carolina, pursuant to 49 U.S.C. § 5121 and 49 CFR § 107.305. PHMSA's Investigators reported one (1) alleged violation of the HMR. At the conclusion of the compliance inspection, PHMSA's Investigators conducted an "exit briefing," during which the Investigators discussed the alleged violation and the required corrective actions with Respondent's representatives.
Upon completion of the inspections, the Investigators submitted a report to the Director of OHMSFO's Southern Region, who reviewed the report for accuracy and sufficiency of evidence. Based on that review, the 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 CFR § 107 .311.
Based on a preliminary assessment of the apparent nature, circumstances, extent, and gravity of the probable violations, as set forth in the Investigator's reports, on December 6, 2024, an attorney from PHMSA's Office of Chief Counsel issued a Notice of Probable Violation ("Notice"), alleging one (1) violation of the HMR, and proposing a $2,250 civil penalty. Respondent replied via email on December 6, 2024.
Respondent accepted electronic service of process with an email response to the Notice on December 6, 2024. Following back and forth email correspondence with PHMSA's attorney, Respondent agreed to take a settlement of 25% off the Notice penalty.