Compromise Order - 23-0076-SH-SO - Construction Materials Services

Decision paragraph 1On April 17, 2023, an Investigator from PHMSA's Office of Hazardous Materials Safety Field Operations ("OHMSFO") conducted a compliance inspection at a facility in Locust Grove, Georgia, pursuant to 49 U.S.C. § 5121 and 49 C.F.R. § 107.305.#

Decision paragraph 2PHMSA's investigator reported four alleged violations of the HMR. At the conclusion of the compliance inspection, PHMSA's Investigator conducted an "exit briefing" during which the investigator discussed the alleged violations and the required corrective actions with Respondent's representative.#

Decision paragraph 3Upon completion of the compliance inspection, the investigator submitted a report to the Director of OHMSFO's Southern Region, who reviewed the report for accuracy and sufficiency of evidence.#

Decision paragraph 4Based on that review, the Regional 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.#

Decision paragraph 5Based on a preliminary assessment of the apparent nature, circumstances, extent, and gravity of the probable violations, as set forth in the inspector's report, on November 16, 2023, an attorney from PHMSA's Office of Chief Counsel issued a Notice of Probable Violation ("NOPV") alleging four violations of the HMR and proposing a $14,025 civil penalty.#