BALANCED ENVIRONMENTAL MANAGEMENT 

# BEMiSYSTEMS 100 PASSAIC**AVENUE~** CHATHAM, NJ 07928 P 908.598.2600 • F908.598.2622 WWW.BEMSYS.COM July 1, 2016
The Honorable Douglas M. Rawald Office ofHearings, M-20 US Department ofTransportation 1200 New Jersey Avenue, SE (Ell-310) Washington, DC 20590


### Re: Case number: 2015NM730029, Docket

### No. FAA-2016-4264 DearJudge Rawald, 

# l ED JUL 06 2016 HEARiNG DOCKET

We receivedyour Order to Show Cause and Provide Answer (the Order), noted as being served on June 6, 20 16 regarding the above-referenced Case/DocketNumber. This letter is in responseto thatmailing, falling within the response period ofJuly 6, 2016. First, Iwould ask thatyou to please keep in mind that this is the first violation that the firm has encountered in our 25 years ofbusiness and we are, therefore, not familiar withthe rules, regulations or process associated with a hearing ofthis nature. We received a package, dated March 11,2016, as referenced in the Order. The package consisted of 1) a cover letter from Mr. Glenn Brown, with whom we had previously corresponded and held an informal conference once the original Notice was served upon our company (BEM) and 2) a Complaint. There was nothing in the cover letterthat explicitly indicated that a response ofany nature was required. Upon re-readingthe entire package, having been served withthe Order, I was onlythen able to fmd a request on page 9 ofthe Complaintto have BEMprovide a response. Giventhat we had previously providedwritten responses to Mr. Brown and heldthe informal conference, I was ofthe understandingthe purpose ofthe March 11, 2016 package was to provide a written explanation ofthe Complaint and request thatthe hearing site beheld in Anchorage, Alaska, in response to BEM'srequest for a venue that was closer to our offices in NewJersey given thatwe are a small business. Again, it was not clear or obvious that a written response was required as a result ofthe March 11,2016correspondence as we had already done, so. A copy ofour original response to Mr. Brown is included for your reference. That having been said, in responseto the original requestwithin the Complaint, BEM does not dispute any ofthe claims in the Complaint, as was previously communicated to Mr. Brown in writing as well as discussed during our informal conference held on February 10, 2016. BEM's purpose ofthe hearing request was limitedto seeking a reduction inthe penalty. As was indicated inthe attached, BEMmade numerous attempts to ensurethatthe package was properly labeled by our supplier. And ifproperly labeled, would have been allowedto be transported. We had originally requestedthatthe penalty be waived for this initial infraction and a warning be issued with the clearunderstanding that subsequent infractions would carry monetary penalties. This was again explained during the informal conference held on February 10, 2016, during which Mr. Brown indicated that he was able to reduce the original penalty from $19,400 to $12,000.

ALASKA ARIZONA FLORIDA LOUISIANA NEW JERSEY VIRGINIAPage2 :BALAt"lCEO ENVIRONMENTAL MANAGEMENT 

# BEMiSYSTEMS
While we appreciated Mr. Brown's offerto reduce the penaltyto $12,000, we still sought a hearing with the hope thatthe penalty could be further reduced, ifnot eliminated altogether as was originally requested inourNovember 23, 2015 letter. I apologize for the original delay in responding to the requestwithin the Complaint. I believe you will find that we have taken this process very seriously andhave been very responsive throughout its duration and will continue to do so moving forward. Ifyou have any questions, please do nothesitate to call me at my office at (908) 598-2600 extension 124, or email me at mmurset@bemsys.com.

Attachments (1)

cc: Glenn H. Brown, Complainant's Counsel (letter only) FAA, Hearing Docket Clerk Sincerely, BEM Systems, Inc.



# ~~IL~ MarkMurset ChiefFinancial OfficerBALANCED ENVIRONMENTAL MANAGEMENT I 00 PASSAIC AVENUE • CHATHAM, NJ 07928 p 908 598,2600 • f 908 598.2622 WWW.8EMSYS.COM November 23, 2015
Mr. Glenn H. Brown 

# [) Federal Aviation Administration Office ofthe Regional Connsel 222 West

## 7'" Avenue #14 Anchorage, AK 99513-7587 

## JUL 06 2016 HEABING DOCf<ET Re: Casenumber: 2015NM730029 DearMr. Brown, Wereceived a certified letter from your office on October 26, 2015 (dated October 21 , 2015) regarding the above-referenced Case. This letter is in response to that mailing, falling within the thirty (30) day response period. We are requesting an informal telephonic conference with an FAA attorney. In support ofthat request, and as instructed on the attached "Reply to Notice ofProposed Civil Penalty (Hazardous Materials)", we are also providing additional documents. First, a copy ofour letter to your office frorn May 6, 2015, which outlines the events that led up to the eventthat occurred on April21, 2015. In that letter it was explained that our supplier was instructed to prepare the materials for air transportation, that our employee was not aware that the materials were incorrectly labeled andthat the contents needed to be properly declared, and the steps that we are taking to ensure thatthis matter does not occur again in the future. In addition, I have supplied copies ofour correspondence with our supplier, which is referenced in our May 6 letter (emails dated April 17'h and April20'h). I have highlighted the relevant passages that indicate that we a) ordered the items in question and b) instructed on both occasions thatthe materials needed to be properly packaged for air transportation. Itis ourunderstanding that our failure to comply with the stated regulations were in process only, and that had the items been properly marked and declared, they would have been able to be transported as was originally planned. This is in spite ofour attempts to ensure that the materials were properly marked by our supplier. Given the nature ofthe infraction, we would respectfully request thatthe penalty of$19,400 be removed and BEM Systems be formally given a warningfor this initial infraction, with the understanding that any futnre infraction will come with a financial penalty.

ALASKA ARIZONA FLORIDA LOUISIANA NEW JERSEY VIRGINIA**8AL~NCEO** ENVIRONMENTAL MANAGEMENT 

# BEMi)SYSTEMS Page2

Ifyou have any questious, please do not hesitate to call me at my office at (908) 598-2600 extension 124, or email me at mmurset@bemsys.com. Sincerely, BEM Systems, Inc.

MarkMurset ChiefFinancial Officer
Attachments (4)

### REPLYTO NOTICEOFPROPOSED CIVILPENALTY (HAZARDOUS MATERIALS) To: Federal AviationAdministration Office ofthe Regional Counsel Federal AviationAdministration 222 West 7th Ave. #14 Anchorage, AK 99513-7587 Subject: Notice ofProposed Civil Penalty (HM) Case No.: 

# 2-o I :( 

## t--J M 1-300

### L



## ~ In replyto your Notice ofProposed Civil Penalty, 

### I.electto proceed as indicated bymy check mark beside the numberedparagraph(s) below: 

### 1. [ ] Ihereby submitthe amount ofthe proposed civilpenaltywiththe understandingthat an order assessing a civil penalty will be issued inthat amount withoutfurther notice. I UNDERSTAND THAT IAM WAIVINGMYRIGHT TO A HEARING IF MY OFFER IS ACCEPTED. 2. [ ] Ihavepaidthe proposed civil penaltywith a credit card overthe Internet at the following website: http://www.pay.gov. I understand that an order assessing a civil penaltywill be issued inthe amount without further notice. I ALSO UNDERSTAND THAT IAMWAIVINGMY RIGHT TO A HEARING. 3. [ ] Ihereby submit evidence and information demonstratingthat a violation ofthe regulations did not occur as alleged or thatthe amount ofthe penalty is not warrantedbythe circumstances. 4. [ ] Ihereby submit information andrecords showing that I am financially unable to pay the proposed civilpenalty orthatpayment ofthe penalty wouldpreventme from continuingin business. 5. [ ] Iherebyrequestthatthe proposed civil penaltybe assessed inthe amount of $ 

### andI submitthe reasons for the reduction oftheproposed amount. My request constitutes my agreementthat ifthis offer is acceptedbythe FAA, an OrderAssessing Civil Penalty in the amount Ihave specified may be issued without further notice. MYREQUEST ALSO CONSTITUTES MY AGREEMENTTHATI HAVE WAIVED MYRIGHTTOA HEARING. IF THE FAADOESNOTACCEPTTHIS OFFER, HOWEVER, MYRIGHT TO A HEARING IS NOT AFFECTED. 6. a 

## D(J Ihereby request a telephonic informal conference to discuss this matter with anFAA attorney. (An attorneywill call you atthe telephone numberyouprovide here: ( )--::----,--· You will beprovided at least 2 weeks advance notice ofthe date andtime ofthis conference.) NOTE: Ifyou choose to discuss this matter informallybytelephone, you shouldprovide any documents or other information you wish to have considered on your behalfbefore the date of the informal conference.


### -OVER- ATTACHMENT 1

### b. [ ] Iherebyrequest an in-person informal conference with anFAA attorneyto discuss this matter at--------------- (choose anFAAoffice from the attached list).

c. [ ] I herebyrequest an in-personinformal conference with anFAAattorney to discuss this matter at . I amrequesting an in-person informal conference atthis location because
. I have also indicated an alternate location from the attached list

**-~~--~-----:-** 

### under item 6b inthe eventthe FAAis unable to grantmyrequest under this option. 7. [ ] Iherebyrequest a hearinginaccordance with Subpart G ofPart 13 oftheFederal AviationRegulations with the understanding that a Complaintwill befiled. I requestthatthe hearing beheld 

### in . I am sending this request both to the FAA attorney at the Office oftheRegional Cotmsel, 222West7thAve. #14, Anchorage, AK 99513- 7587, andto the HeadngDocket,Federal AviationAdministration, 800 Independence Avenue, SW., Room 924A, Washington, DC 20591, Attention: HearingDocketClerk.
Signature: Name: Address: Telephone: Email: 

# /)1AoJLAMtb~t~ (1/\.AP-F-- 1\!l-.;i'l..:;>



## L~ I 00 

## Q A25 A-H:-- 

### A!.J 

## C

**\-\Au~**

### A-0., ('...) 

## ::L O"Jj1
...

## :6 

# CZc:S
... S"'l f$
- 

### '2-t, 00 

### K / 

### 2..

## <-( M/V\wi:Se± 

## 6) bem-s,j?·C-0"""' [ ] I requestthat future documents inthis casebe sentto myrepresentative: Name: Address: Telephone: Email:BALANCED ENVIRONMENTAL MANAGEMENT 

# BE YSTEMS

Mr. Gary Meaders U.S. Department ofTransportation Federal Aviation Administration 222 West 7'h Avenue, Suite 14 Anchorage, Alaska 99513 Re: Letter ofInvestigation File Number2015NM730029 Incident21 Apri12015 Received 28 Apri12015 Dear Mr. Meaders: 100 PASSAIC AVENUE • CHATHAM. NJ 07928 P 908.598.2600 • F908.598.2622 WWW .BEMSYS.COM 

### 6May2015 09-WERC04-04, Task 3.3

BEM Systems, Inc. (BEM) is responding to your letter dated 22 April 2015(received 28 April2015) wherein it was reported that an air cargo shipment generated by our company was in violation ofTitle 49, Code ofFederal Regulations, the Hazardous Materials Regulations, by containing aerosol canisters and one cylinder ofcalibration gas. We have researched the information presented in your letter and have found the findings to be valid. Herein is our response detailing both the events that led up to the potential violation and the plan that BEM has implemented to ensure that this type ofevent is not repeated. BEM was founded as an environmental consulting and remediation service finn in 1990. We have conducted operations in Alaska since 1999 and provide our services to a variety of Federal and commercial clients. As part ofour routine activities, BEM utilizes and ships materials and supplies that would be considered regulated/hazardous materials using ground and air transportation services. Up until this recent incident, we have not had a recorded violation for improper packaging or shipment of regulated or hazardous materials. Typically, and as was the case for this incident, we obtain these items from various equipment providers or rental companies. In reviewing the details associated with this incident, BEM submitted an online order to obtain various field supplies from the local equipment provider, TIT Environmental (Tom Tompkins, 907.770.9041). Our logistics manager indicated in her emails to the rental company, dated 17 April 2015 and 20 April 2015, that the supplies would require packaging for air transpmi. She also communicated this information to the TTT representative on the telephone by re-confirming that the shipment would be transported using a commercial air transport provider. A field team member picked up the supplies at the equipment rental company. The staffat the equipment rental store informed the BEM field team member that they had not completed the final boxing up the order, but our staff indicated that they would finish sealing up the boxes prior to shipment. The BEM staffmember picking up the packages was unaware that they contained regulated or hazardous materials as there were no exterior markings or identification labels on the boxes. It 

### was not made clear to the BEM staffmember that the remaining activities associated with "boxing up" ofthe packages, as indicated by the TTT employees, required placement of dangerous good labeling on the exterior of the sample coolers. Upon arrival at Alaska Air Goldstreak, our employee transferred the boxes ofthe field supplies to the air provider for shipment. Being unaware of the regulated contents placed in the shipping boxes, the incorrect notification box was selected on the shipping waybill, identifYing the shipment as not containing dangerous goods. Several hours later, BEM received a call from Alaska Airlines informing us of the 

# BEMiResponse to Letter ofInvestigation File Number2015NM730029 finding. Our stafftraveled to the Anchorage facility, was briefed ofthe finding and retrieved the aerosol canisters and the one cylinder ofthe calibration gas. In speaking with the employees who were involved in this incident, and the staffat TTT, it appears that there was a communication breakdown, which should have been avoidable. We fully understand that it is our responsibility to insure that all shipments are properly labelled for transport. Therefore, the following corrective measures have been implemented to prevent this from happening again:

• The employees involved with this incident fully understand its severity. They have been briefed ofthe incident findings and have been informed ofthe necessary corrective actions that will be implemented to prevent future errors or mislabeling ofshipping packages. • We have implemented a cross-check system to ensure that the staffmember ordering the equipment properly communicates its contents and shipping restrictions to any staffmemberthat is delivering the shipping packages to the transport provider. We have assigned an independent quality control manager to provide a secondary check ofall air transport shipments. • For all future shipments of dangerous goods or hazardous products BEM will implement a process whereby the responsible pm1y (BEM or our vendor) preparing the notification documentation is clearly identified to ensure thatthe correct identification labels are placed on the boxes priorto pickup and shipment by our staff. • Each employee delivering packages to the transport provider will be provided with the necessary training or rcfi·esher to properly complete all waybill documentation. We have implemented these corrective measures in an cffot1 to avoid any potential future re-occurrence of similar incidents. BEM has a 25+ year history of shipping dangerous goods and hazardous products with care, diligence, and without incident; and, we have conducted more than 50 shipments over the past five years without incident. This event is the first potential violation of its kind; and further, BEM has never incurred a violation of any USDOT or OSHA regulation and sees this situation as thoroughly anomalous and inconsistent with our corporate culture and commitment to safe and ethical business practices. We are hopeful that the details included in this letter are sufficient to provide an accurate depiction of the events leading up to this incident, and that taking into consideration the implemented corrective measures, along with our history of compliance, the potential violation associated with this matter will be reduced to a warning. Ifyou have any questions, or require additional information, please contact me directly at407.402.4440, or via email at cpisarri@bemsys.com. Sincerely, BEM Systems, Inc.

attachment cc: MarkNardolillo, President and CEO



# BEMO

### Mark Murset From: Christopher 

### J. Pisarri Sent: To: Monday, November 16, 2015 6:31AM Mark Murset Subject: FW: Supply Quote for BEM - Oliktok #1
Here is Sandy's first email regarding the shipment

From: Sandra Peterson 

### Sent: Friday, April17, 2015 1:10PM To: 'TTT Enviro Counter2 ' 

### Cc: 'speterson423@gmail.com'; Venkat Balasubramanian Subject: Supply Quote for BEM - Oliktok Good Morning, BEM will be mobilizing to Oliktok LRRS within the next week or so. Will you please provide aquote for the below items. All rentals should be based on a monthly basis. 1. Nitrile Gloves, XL- 2 cases 2. PID 3. PID Calibration kit, gas, connector 4. 4 bound log books (Rite in the Rain, environmental reference field book) 5. Rite in rain pens- 4 6. Gel packs, 2 cases 7. Safety Glasses- 6 pairs 8. Laser level (please provide what options are available) 9. Labels Dangerous Goods in Excepted Quantities 10. stainless steel trowels/bowls (2 of each) 11. Alconox

At this point we would just like the cost ofthe above items. Venkat Balasubramanian may stop by your office later this afternoon to confirm the availability ofthe above list. Also, everythingshould be packaged for

**airtran~port.** We will make sure itgets to the destination. Once we have confirmed the costs, we will place the order, for pickup on Monday 20 April 2015. Please let me know ifyou have any questions and please reply all when the quote is available or ifthere are questions. Thank you.
Sandra Peterson Project Manager BEM Systems, Inc. www,bemsys.com 11712 Jefferson Avenue Suite C423 Newport News, VA 23606 Tel.- 757.595.9422 Cell

- 757.218.4746



### ~Beforeprint;ng this email,please consjderthe environment

1

### Mark Murset From: Christopher J. Pisarri Sent: To: Monday, November 16, 2015 6:32AM Mark Murset Subject: FW: Quote# QE150238#2 

### Here is the second email that Sandy sent regarding packaging of the equipment for air transport. -----Original Message----- From: Sandra Peterson Sent: Monday, April 20, 2015 8:53 AM To: 'TTT Enviro Counter2

- Jonathan N.' 

### Cc: Venkat Balasubramanian; 'speterson423@gmail.com' Subject: RE: Quote # 

### QE150238 Good Morning Jon, This quote looks good. Please also add 6 cans of spray paint in 3 different colors (2 cans each color). Also for the safety glasses, will you please add 6 more pairs in tinted shade for sun protection? Venkat is in training today so he will be coming to your office this afternoon around 4 PM or a little after to pickup this order. As a reminder, everything needs to be packaged for air transport. Thank you. Sandy -----Original Message----- From: TTT Enviro Counter2

- Jonathan N. [mailto:anccounter2@tttenviro.com] Sent: Friday, April 17, 2015 2:51 PM To: Sandra Peterson Subject: Quote# QE150238 Hello Sandra, Here is the quote for you. If everything looks I will get it all ready for Monday morning. Thanks in advance, Jon 

### Customer Service TTT 

### Environmental Instruments 

## &Supplies 907-770-9041 (main) 907-770-9046 (fax) www.tttenviro.com

1