On March 29, 2023, PHMSA's Investigators conducted an inspection at Respondent's Superior, Wisconsin facility. Respondent offers hazardous materials for transportation in commerce. PHMSA's investigator reported alleged violations of the HMR and provided the exit briefing to Mr. Mark Wagemaker, Owner.

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 issued a Notice of Probable Violation (Notice) on May 30, 2024, alleging three (3) violations of the HMR and proposing a $11,640 civil penalty.