Chec Soda and Refrigeration Co., Inc

Decision paragraph 1On October 30, 1997, the Chief Counsel issued an Order to Chec Soda and Refrigeration Co., Inc. (Respondent) assessing a penalty in the amount of $15,000 for four violations of the Hazardous Materials Regulations (HMR).#

Decision paragraph 2The Order found that the Respondent knowingly offered carbon dioxide in cylinders for transportation in commerce without placarding its vehicles containing the carbon dioxide cylinders (violation No. 1), without labeling the cylinders (violation No. 2), without describing the hazardous material on a shipping paper (violation No. 3), and without training its employees that performed functions subject to the HMR (violation No. 4).#

Decision paragraph 3The Order reduced the $19,570 civil penalty originally proposed in the April 28, 1995 Notice of Probable Violation (Notice).#

Decision paragraph 4By letter dated November 7, 1997, Respondent submitted a timely appeal of the Order. It was determined that there is sufficient evidence to warrant mitigation of the civil penalty assessed in the Chief Counsel's Order.#

Decision paragraph 5The order assessed a civil penalty of $12,000 as appropriate in light of the nature and circumstances of these violations, their extent and gravity, Respondent's culpability, Respondent's lack of prior offenses, Respondent's ability to pay, the effect of a civil penalty on Respondent's ability to continue in business, and all other relevant factors.#

Decision paragraph 6The Order of October 30, 1997, is affirmed and the appeal is denied.#