23-0134-CR-CE
23-0134-CR-CE
Decision paragraph 1On March 29, 2023, PHMSA's Investigators conducted an inspection at Respondent's Superior, Wisconsin facility.#
Decision paragraph 2Respondent offers hazardous materials for transportation in commerce.#
Decision paragraph 3PHMSA's investigator reported alleged violations of the HMR and provided the exit briefing to Mr. Mark Wagemaker, Owner.#
Decision paragraph 4Upon 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.#
Decision paragraph 5Based 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.#
Decision paragraph 6Based 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.#
This material provides agency context. It does not replace binding regulatory text, and its legal effect depends on the underlying authority and facts.