Strem Chemicals, Inc.

Decision paragraph 1On March 23, 2000, the Chief Counsel issued an Order to Strem Chemicals, Inc. (Respondent) assessing a penalty in the amount of $19,000 and finding that Respondent had knowingly committed the following violations of the Hazardous Materials Regulations (HMR): Violation No. 1 - Offering for transportation in commerce hazardous materials, pyrophoric liquids, organic, n.o.s., and dimethylzinc, spontaneously combustible materials, in unauthorized non-UN standard packagings. Violation No. 2 - Representing, marking, and certifying fiberboard boxes marked UN4G/X40/S/96/USA/NTS2137 as meeting the requirements of the HMR, when proper design qualification testing had not been conducted. Violation No. 3 - Representing, marking, and certifying wooden boxes marked UN4C1/X40/S/94/USA/NTS2137 as meeting the requirements of the HMR, when design qualification testing had not been conducted and when test records had not been maintained. Violation No. 4 - Representing, marking, and certifying fiberboard boxes marked UN4G/X40/S/96/USA/NTS2137 and wooden boxes marked UN4C1/X40/S/94/USA/NTS2137 as meeting the requirements of the HMR, when the certification on the boxes included an unauthorized symbol which referred to a manufacturer or packaging certifier other than the company (Respondent) that actually manufactured or certified the packagings. It was determined that there is sufficient information to warrant mitigation of the civil penalty assessed in the Chief Counsel's Order. I find that a civil penalty of $15,250 is appropriate in light of the nature and circumstances of these violations, their extent and gravity, Respondent's culpability, Respondent's lack of prior violations, Respondent's size, 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 2The Order of March 23, 2000, is affirmed and therefore the appeal is denied.#