Compromise Order - 24-0134-SH-EA - Cinco Electronics Recycling

Decision paragraph 1On May 14 and 15, 2024, an Investigator from PHMSA's Office of Hazardous Materials Safety Field Operations ("OHMSFO") conducted an inspection at Respondent's facility in Columbus, Ohio, pursuant to 49 U.S.C. § 5121 and 49 CFR § 107.305.#

Decision paragraph 2PHMSA's Investigator reported three (3) 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 representatives.#

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

Decision paragraph 4Based 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.#

Decision paragraph 5Based on a preliminary assessment of the apparent nature, circumstances, extent, and gravity of the probable violation, as set forth in the Investigator's report, on July 8, 2025, an attorney from PHMSA's Office of Chief Counsel issued a Notice of Probable Violation ("Notice"), alleging three (3) violations of the HMR, and proposing a $14,176 civil penalty.#

Decision paragraph 6Respondent accepted electronic service of process of the Notice on July 8, 2025.#

Decision paragraph 7Respondent provided full corrective action prior to the issuance of the Notice, and PHMSA's attorney reduced the Notice penalty by the maximum permitted at the time of issuance. Following the informal conference, PHMSA's attorney was able to offer a further 25% penalty reduction from the Notice, in the interest of settling the matter, for a new total penalty of $10,632.#