Skyline Beauty Supply Corporation

Case Number: 95-69-SB-WE

On May 14, 1998, the Chief Counsel issued an Order to Skyline Beauty Supply Corporation (Respondent) assessing a penalty in the amount of $15,975 for five violations of the Hazardous Materials Regulations (HMR). Respondent knowingly offered for transportation in commerce two different flammable liquids, acetone and isopropanol, in unauthorized nonspecification, nonstandard packagings (violation No. 1), that were not marked with the identification numbers for these materials and, in the case of the isopropanol, were not marked with the proper shipping name (violation No. 2), and which were accompanied by a shipping paper that did not contain the total quantity of the flammable liquids in appropriate units of measurement in association with the shipping description (violation No. 4). The Order also found that Respondent had not trained its hazmat employees as required (violation No. 3), and that Respondent had represented and certified packagings as meeting the UN 4G performance standard in the HMR when the packagings had not been subjected to the required design qualification testing (violation No. 5). Based on evidence of actions taken to correct these violations, the Order reduced the $19,310 civil penalty originally proposed in the May 10, 1995 Notice of Probable Violation. By letter dated June 9, 1998, Respondent submitted an appeal of the Order. I have 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 $10,000 is 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. The Order of May 14, 1998, is affirmed and the appeal is denied.