This matter comes before the Court regarding Complainant’s Second Motion for Summary Judgment (MSJ #2). As indicated in its Order Regarding Complainant’s Motion for Summary Judgment, the Court found there were two disputes of material fact that remained unresolved after its consideration of the parties’ respective briefs and evidence. Complainant has filed the present motion in an attempt to resolve those disputes and has incorporated by reference, but also supplemented, the evidence filed with the previous Motion for Summary Judgment (MSJ #1) to address those matters found to be genuinely disputed in the Court’s Order on MSJ #1. Because the Court found there were disputes of material fact on the issues of exposure and control, it reserved ruling on “ancillary issues such as whether the proposed penalty was excessive and whether Respondent had actual or constructive knowledge of the presence of the hazards.” Order Regarding Complainant’s Motion for Summary Judgment at 19. Having reviewed the new evidence submitted by Complainant, the related filings submitted by Respondent, and all of the documents associated with the first and second motions for summary judgment, the Court finds there are no longer any disputes as to any material fact and Complainant is entitled to judgment as a matter of law as to each of the violations alleged in the Citation and Notification of Penalty.