The Pipeline and Hazardous Materials Safety Administration (PHMSA) provides notice to the regulated industry and its stakeholders of the 169 hazardous materials civil penalty cases it closed in calendar year 2007 and collected $893,133.04 in penalties.
It is the responsibility of PHMSA's Hazmat Enforcement Office to improve compliance with the safety and training standards of the Hazardous Materials Regulations by inspecting and investigating, among other methods, companies and individuals who offer hazardous materials for transportation or who manufacture, maintain, repair, recondition or test packages authorized for transporting hazardous materials.
Asian Logistics, Inc.
Monterey Park, CA
(Freight Forwarder)
Failed to register with PHMSA; offered corrosive liquid, acidic, inorganic, n.o.s. (nitric acid), 8, accompanied by a shipping paper that failed to provide the basic hazardous material shipping description , included additional information within the shipping description, and provided an unauthorized emergency response telephone number; failed to provide general awareness, function-specific, safety, and security awareness training.
[107.608(a) and (b), 172.702(b), 172.202(b), 172.202(a)(1)(3) and (4), 172.704(a)(1)-(4), 172.604(a) and (b), 172.200(a), 172.201(a)(4), IMDG Part 3, Chapter 3.1, Note 3.1.2, Chapter 5.4, Notes 5.4.1.4.1 and 5.4.1.4.2]
Case No. 05-0567-FF-WE
$4,700
Atlan Dyess, Inc.
Fort Worth, TX
(Shipper)
Failed to register with PHMSA; failed to provide general awareness, function-specific, and safety training.
[107.608(b), 172.702(a), 172.704(a)(1)-(3)]
Case No. 06-0041-SDIBC-SW
$825
Atlantic Solutions, Inc.
Chapel Hill, NC
(Shipper)
Offered and transported corrosive liquid, basic, inorganic, n.o.s. (sodium hydroxide), 8, in unauthorized non-UN standard combination packages.
[173.22(a)(2), 173.202]
Case No. 06-0309-SB-SO
$3,500
Atlas Martin Fire Extinguisher Company, Inc.
Gurnee, IL
(Cylinder Retester - Shipper)
Failed to calibrate the test equipment at a pressure within 500 psig of the actual test pressure for test pressures at or above 3,000 psig; failed to maintain complete and accurate records of daily calibration; failed to retain copies of shipping papers for a minimum of 375 days.
[180.205(g)(3)(i), 180.215(b)(1), 172.201(e)]
Case No. 05-0606-CRS-CE
$3,800
Atlas Minerals and Chemicals, Inc.
Mertztown, PA
(Box Manufacturer – Shipper)
Represented, marked, and certified combination packages as meeting the UN4G/Y11 standard when the package design had not been subjected to required periodic testing; offered organic peroxide, type D, liquid (methyl ethyl ketone peroxide, less than 40%), 5.2, in unauthorized combination packaging that had not been subjected to required periodic testing; failed to mark UN4G combination packaging with the correct year of manufacture.
[178.2(b), 178.2(a)(2), 178.601(e), 178.503(a)(6), 173.225(a), 173.22(a)(2)]
Case No. 07-0039-BMS-EA
$10,540
Austin & Pruitt Fire & Safety Equipment, Inc.
Wilmington, DE
(Cylinder Retester)
Failed to verify the accuracy of the test equipment to within 500 psig of the actual test pressure for test pressures at or above 3,000 psig; failed to calibrate prior to test; failed to condemn DOT specification and special permit cylinders for excessive permanent expansion; failed to maintain complete and accurate records of cylinder requalification.
[180.205(g)(3)(i), 180.205(g)(4), 180.205(i)(1)(iv), 180.215(b)(2), DOT-SP 10147 paragraph 7(b)]
Case No. 05-0578-CR-EA
$9,600
Automatic L.P. Gas Company
Conroe, TX
(Compressed Gas Carrier)
Transported in commerce liquefied petroleum gas, 2.1, in non-DOT/UN standard storage tanks charged to more than five percent of their water capacity.
[173.315(j)(4)]
Case No. 04-0543-CC-SW
$3,500
Baldwin Construction Company
Tucson, AZ
(Shipper)
Failed to register with PHMSA; offered ammonium nitrate-fuel oil mixture, 1.5D, without providing a hazardous material shipping paper; failed to provide general awareness, function-specific, safety, and security awareness training.
[107.608(a) and (b), 172.202, 172.203, 172.702(b), 172.704(a)(1)-(4)]
Case No. 06-0009-SE-SO
$4,725
Barbee Paint and Coatings Company, Inc.
Louisville, KY
(Shipper)
Failed to register with PHMSA; offered and transported corrosive solid, n.o.s. (sodium hydroxide), 8, in UN-certified fiber drums in an amount that exceeded the certified gross weight limit of the drums; failed to provide general awareness, function-specific, safety, and security awareness training.
[107.608(a) and (b), 173.213, 173.22(a)(2), 172.702(b), 172.704(a)(1)-(4)]
Case No. 06-0317-SD-SO
$2,962
Barson Chemical Company
Wheeling, IL
(Shipper)
Failed to register with PHMSA; offered corrosive solid, acidic, inorganic, n.o.s. (monopersulfate compound), 8, in unauthorized non-UN standard plastic pails; offered corrosive solid, acidic, inorganic, n.o.s. (monopersulfate compound), 8, in packagings that were not marked with the proper shipping name of the material; failed to provide general awareness, function-specific, safety, and security awareness training or retain hazmat training records.
[107.608(a) and (b), 173.213, 173.22(a), 172.301(a), 172/702(a), 172.704(a)(1)-(4), 172.704(d)]
Case No. 05-0549-SP-CE
$4,300
Betts Oil & Butane, Inc.
Weslaco, TX
(Cylinder Retester)
Represented, marked, and certified DOT 4–series cylinders as visually requalified without having a retester’s identification number (RIN); failed to check cylinder tare weights when requalifying DOT 4-series cylinders with an external visual inspection in lieu of hydrostatic testing; failed to maintain complete and accurate records of visual inspection; offered liquefied petroleum gas, 2.1, accompanied by a shipping paper that provided an unauthorized emergency response telephone number; failed to provide recurrent hazmat training.
[180.205(b), 180.209(a)(1), 180.209(g), 180.215(b)(2), 172.604(b), 172.702(b), 172.704(c)(2)]
Case No. 06-0059-CR-SW
$8,595
Bio-Chem Resources
Cleveland, TN
(Shipper)
Failed to register with PHMSA; offered oxidizing, liquid, corrosive, n.o.s., 5.1, in UN-certified 55-gallon closed-head plastic drums that were not closed in accordance with the manufacturer's closure notification; offered hazardous material accompanied by a shipping paper that failed to provide the proper shipping name in association with UN identification number.
[107.608(b), 173.22(a)(4), 173.24(f)(2), 172.202(a)(1)]
Case No. 05-0551-SD-SO
$1,550
Border Transfer Services, Inc.
Laredo, TX
(Freight Forwarder)
Failed to register with PHMSA.
[107.608(b)]
Case No. 05-0165-FF-SW
$275
Braniff Forwarding, Inc.
Laredo, TX
(Freight Forwarder)
Failed to register with PHMSA; offered extracts flavoring liquid, 3, without describing the hazardous material on a shipping paper.
[107.608(b), 107.612, 172.200(a), 172.201, 172.202]
Case No. 05-0208-FF-SO
$2,800
Bynum Enterprises, Inc.
Albertville, AL
(Shipper)
Failed to register with PHMSA; offered paint, 3, accompanied by a shipping paper that failed to provide the proper (1) hazard class and (2) packing group for the material, and (3) an authorized emergency response telephone number; offered paint, 3, in packaging that was not marked with the proper shipping name and UN identification number for the material; failed to provide general awareness, function-specific, safety, and security awareness training.
[107.608(a) and (b), 172.301(a)(1), 172.201(d), 172.202(a)(2)and(4), 172.604(a) and (b), 172.702(a), 172.704(a)(1)-(4)]
Case No. 06-0011-SP-SO
$6,650
C.B.S. Beauty Supply
Sunrise, FL
(Shipper)
Offered acetone, 3, in unauthorized non-UN standard combination packages; offered acetone, 3, in combination packages that were not marked with the proper shipping name of the material or with required package orientation arrows; offered acetone, 3, in packages that were not labeled; offered acetone, 3, accompanied by a shipping paper that failed to provide (1) the hazard class, (2) UN identification number, and (3) packing group for the material, (4) a shipper's certification, and (5) an emergency response telephone number; failed to provide general awareness, function-specific, and safety training.
[173.22(a)(2), 173.202(a), 172.301(a)(1), 172.312(a)(2), 172.400(a), 172.202(a)(2)-(4), 172.204(d), 172.604(a), 172.702(b), 172.704(a)(1)-(3)]
Case No. 99-253-SB-SO
$12,000
CP Louisiana, Inc.
New Orleans, LA
(Drum Manufacturer)
Manufactured, marked, certified, and sold 55-gallon closed-head steel drums as meeting the UN1A1/X standard, when they were not capable of passing the drop and hydrostatic pressure tests.
[178.603, 178.605]
Case No. 06-0275-DM-SO
$6,000
Cameron Rental & Tank
Cameron, LA
(Shipper)
Modified DOT specification IM-101 tanks without obtaining approval for the modification from a DOT approval agency; failed to provide general awareness, function-specific, and security awareness training and create and maintain training records.
[180.605(j), 178.273(e)(1), 172.702(b), 172.704(a)(1), (2) and (4), 172.704(d)]
Case No. 07-0110-SPT-SW
$7,380
Canady CO-2 Gas Sales
Lakeland, FL
(Cylinder Retester)
Failed to verify the accuracy of the test equipment to within one percent of the calibrated cylinder's test pressure and corresponding expansion values and failed to calibrate the test equipment at a pressure within 500 psig of the actual test pressure for test pressures at or above 3,000 psig; represented, marked, and certified cylinders as successfully retested, when they showed visible signs of damage and should have been condemned.
[173.34(e)(4)(iii)(A) and (iv), 173.34(e)(3), 173.34(e)(6)(i)(A)]
Case No. 01-272-CR-SO
$3,000
Canpak, Inc.
Philadelphia, PA
(Packaging Distributor)
Represented, marked, certified, and sold UN-certified closed-head 55-gallon steel drums without notifying each person to whom the packaging is transferred of all requirements not met at time of transfer, including closure information; failed to provide general awareness and function-specific training.
[178.2(c)(2), 172.702(a), 172.704(a)(1) and (2)]
Case No. 06-0206-PD-EA
$2,775
Car Cleen System, Inc.
Bethel Park, PA
(Shipper)
Offered corrosive liquid, n.o.s., 8, in UN-certified 15-gallon closed-head plastic drums that were not closed in accordance with the manufacturer's closure notification; offered corrosive liquid, n.o.s., 8, without preparing a hazardous material shipping paper; offered corrosive liquid, n.o.s., 8, in packages that were not marked with the technical name of the hazardous material; failed to provide function-specific training and create and maintain training records.
[173.22(a)(4), 173.24(f)(2), 172.201, 172.202, 173.22(a)(1), 172.301(b), 172.702(b), 172.704(a)(2), 172.704(d)]
Case No. 01-052-SD-EA
$5,900
Cardinal Chemical Company
Louisville, KY
(Shipper)
Offered hypochlorite solutions, 8, and sodium hydroxide solution, 8, in unauthorized non-UN standard 5-gallon open-head plastic pails; failed to register with PHMSA; offered hypochlorite solutions, 8, and sodium hydroxide solution, 8, accompanied by a shipping paper that failed to include an emergency response telephone number.
[173.22(a)(2), 173.202(c), 172.203(c), 107.608(a) and (b), 172.604(a), 172.201(d)]
Case No. 07-0002-SP-SO
$3,044
Carlisle H M A, Inc.
Carlisle, PA
(Shipper)
Offered regulated medical waste, 6.2, in packagings that were not securely closed resulting in a release of material and in a packaging that was not certified to the required ASTM standards.
[173.22(a)(2), 173.197(e)(1)(i) and (ii)]
Case No. 06-0311-SBG-EA
$5,250
Carrier Rental Systems
(formerly HVAC Portable Systems, Inc.)
Houston, TX
(Shipper)
Offered chlorodifluoromethane, 2.2 under the terms of an expired DOT special permit; offered chlordifluoromethane, 2.2, accompanied by a shipping paper that failed to provide the (1) proper shipping name and (2) UN identification number for the material, and (3) an emergency response telephone number.
[171.2(a)-(c), 172.202(a)(1) and (3), 172.201(d), 172.604]
Case No. 05-0527-SC-SW
$4,125
Catholic Health East
d/b/a St. Francis Medical Center
Trenton, NJ
(Shipper)
Offered regulated medical waste, 6.2, in a bulk outer packaging (BOP) containing inner plastic film bags that were not closed as required resulting in release of hazardous material.
[173.22(a)(2), 173.197(d)(1)(i), 173.197(e)(1)(ii), 173.24(f)(1)(ii)]
Case No. 06-0163-SBG-EA
$5,250
Chemcentral, Inc.
Morrisville, PA
(Shipper)
Failed to conduct all required tests on an intermediate bulk container (IBC); failed to maintain complete records of IBC testing; offered petroleum distillates, 3, in an improperly tested and unauthorized IBC; offered petroleum distillates, n.o.s., 3, accompanied by a shipping paper that failed to provide the proper hazard class for the material; offered material for transportation in a package marked and labeled as containing a hazardous material, when the material was not hazardous; failed to provide function-specific training or maintain complete training records; failed to address en route security in the company security plan.
[173.242, 180.352(b)(3)(ii), 180.352(f), 173.35(a), 172.202(a)(2), 172.303(b), 172.401(a), 172.702(a), 172.704(a)(2), 172.704(d), 172.800(b), 172.802(a)(3)]
Case No. 06-0089-SIBC-EA
$8,125
The Chemistry Store
Pompano Beach, FL
(Shipper)
Offered sodium hydroxide, solid, 8, in unauthorized non-UN standard packaging; failed to provide general awareness, function-specific, and safety training, and create and retain training records.
[173.22(a)(2), 173.212, 172.702(a) and (b), 172.704(a)(1)-(3), 172.704(d)]
Case No. 03-262-SP-SO
$7,815
Chemtron Advanced Technologies
Hialeah, FL
(Shipper)
Offered corrosive liquids, n.o.s. (phosphoric acid solution), 8, and hydrochloric acid solution, 8, in unauthorized non-UN standard 5-gallon open-head plastic pails; failed to retain copies of shipping papers for a minimum of 375 days.
[173.22(a)(2), 173.203(a), 172.201(e)]
Case No. 06-0078-SD-SO
$3,064.79
Chicago Ink & Research Company, Inc.
Antioch, IL
(Shipper)
Failed to create and maintain hazmat training records and failed to provide security training.
[172.702(b), 172.704(a)(4), 172.704(d)]
Case No. 05-0602-SD-CE
$1,000
Chiral Technologies, Inc.
West Chester, PA
(Shipper)
Offered dangerous goods in apparatus, 9, as undeclared by air by failing to declare the material as hazardous on a shipping paper, failing to mark the package with the proper shipping name and UN identification number for the material, and failing to label the package.
[172.200(a), 172.300(a), 172.400(a), 172.102 Special Provision 136]
Case No. 07-0083-SC-EA
$11,250
Chocola Cleaning Materials
Lansing, MI
(Shipper)
Offered corrosive liquids, n.o.s., 8, in unauthorized non-UN standard packaging; offered corrosive liquid, n.o.s., 8, accompanied by a shipping paper that listed additional information before the basic shipping description.
[173.22(a)(2), 173.203, 172.201(a)(4)]
Case No. 06-0137-SB-CE
$4,930
Coastline Industrial Coatings
Stafford, TX
(Shipper)
Failed to develop and adhere to a security plan; offered paint and paint related material, 3, in packages that were not marked with the proper shipping name and UN identification number for the materials; failed to label packages of hazardous materials; failed to register with RSPA; offered hazardous materials, accompanied by shipping papers that variously (1) failed to provide an emergency response telephone number, (2) included an unauthorized emergency response telephone number, (3) failed to provide the proper shipping name, hazard class, and UN identification number for the material, and (4) failed to include a legibly signed shipper's certification; failed to provide general awareness, function-specific, safety, and security awareness training.
[172.800(b), 172.802(a) and (b), 172.301(a), 172.400(a)(1), 107.608(b), 172.201(d), 172.202(a)(1)-(3), 172.204(d), 172.604(a) and (b), 172.702(b), 172.704(a)(1)-(4)]
Case No. 04-765-SD-SW
$20,889
Coleman Chemicals, Inc.
Channahon, IL
(Shipper)
Offered petroleum distillates, n.o.s. (quick dry mineral spirits), 3, and toluene, 3, in intermediate bulk containers that had not been subjected to required periodic testing; offered trichloroethylene, 6.1, in UN-certified 55-gallon closed-head steel drums that were not closed in accordance with the manufacturer's closure notification.
[180.352(b)(1) and (2), 178.813, 173.24(f)(2), 173.22(a)(4)]
Case No. 06-0256-SIBCD-CE
$4,500
Crossco America Corporation
d/b/a Lanco & Harris Corporation
Miami, FL
(Shipper)
Offered acetone, 3, in unauthorized non-UN standard open-head steel pails; failed to provide general awareness, function-specific, safety, and security awareness training.
[173.22(a)(2), 173.202, 172.702(a), 172.704(a)(1)-(4)]
Case No. 06-208-SD-SO
$5,160
Cymer, LLC
Decatur, TN
(Shipper)
Offered toxic by inhalation liquid, flammable, n.o.s. (acryloyl chloride), 6.1, (3), PG I, inhalation hazard zone A, in an unauthorized UN standard combination package.
[173.22(a)(2), 173.226(c)]
Case No. 06-0322-SB-SO
$7,087
D C Fire & Safety
Burns, TN
(Cylinder Retester)
Failed to condemn a special permit cylinder for excessive permanent expansion; failed to verify the accuracy of the test equipment within 500 psig of the actual test pressure for test pressures at or above 3,000 psig; failed to maintain complete and accurate records of cylinder requalification.
[180.205(i)(1)(iv), 180.205(g)(3)(i), 180.215(b)(2)]
Case No. 06-0037-CR-SO
$5,460
D&D Technology Corporation
Miami, FL
(Shipper)
Failed to register with PHMSA; failed to provide general awareness and function-specific training.
[107.608(a) and (b), 172.702(a) and (b), 172.704(a)(1) and (2)]
Case No. 06-0100-SC-SO
$675
Darragh Company
Little Rock, AR
(Shipper)
Failed to register with PHMSA; offered and transported corrosive liquid, acidic, inorganic, n.o.s., 8, accompanied by a shipping paper that failed to provide (1) a basic hazardous material shipping description and (2) an emergency response telephone number; failed to provide general awareness and function-specific training.
[107.608(b), 172.201(d), 172.202(a), 172.604(a), 172.702(a), 172.702(b), 172.704(a)(1) and (2)]
Case No. 06-0112-SD-SW
$4,855
Davlin Coatings, Inc.
Berkley, CA
(Shipper)
Failed to develop and adhere to a security plan; failed to provide recurrent hazmat training.
[172.800(b), 172.802(a) and (b), 172.702(a), 172.704(c)(2)]
Case No. 05-0594-SD-SO
$4,125
Day, S.A., Manufacturing Company, Inc.
Buffalo, NY
(Shipper)
Offered corrosive liquid, n.o.s. (hydrochloric acid and hydrobromic acid), 8, in used 55-gallon closed-head plastic drums that were not authorized for reuse; offered zinc chloride, anhydrous, 8, in UN-certified 6.5-gallon open-head plastic pails when the weight of the material exceeded the marked certified gross mass for the package.
[173.22(a)(2), 173.24a(b)(2), 173.24(c)(1), 173.202(a) and (c), 173.28(b) and (c)]
Case No. 06-0273-SD-EA
$250
Safety, Inc.
Lansing, MI
(Cylinder Retester - Shipper)
Represented, certified, and marked cylinders as successfully retested, when retesting was performed on equipment having an expansion indicating device that could not be read to an accuracy of one percent (1%) of test pressure; failed to register with PHMSA.
[180.205(g)(4), 107.608(a) and (b)]
Case No. 07-0043-CRS-CE
$5,487
Discovery Engineering, Inc.
d//b/a National Coatings Company Jacksonville, AR
(Shipper)
Offered flammable liquid in UN-certified one-gallon steel jerricans that were not closed in accordance with the manufacturer’s closure notification; offered resin solution, 3, in packages that were not marked with the proper shipping name and UN identification number for the material; offered resin solution, 3, accompanied by a shipping paper that failed to provide (1) the proper shipping name, (2) UN identification number, and (3) packing group for the material; failed to provide general awareness, function-specific, and security awareness training.
[172.202(a)(1), (3) and (4), 172.301(a), 172.702(b), 172.704(a)(1), (2) and (4), 173.22(a)(4), 173.24(f)(2)]
Case No. 06-0110-SD-SW
$7,385
Distribution Services of Atlanta, Inc.
Lawrenceville, GA
(Shipper)
Failed to develop and adhere to a security plan; offered corrosive solid, n.o.s. (sodium metasilicate), in unauthorized non-UN standard 7-gallon open-head plastic pails.
[172.800(b), 172.802(a) and (b), 173.22(a)(2), 173.202(b)]
Case No. 05-0382-SP-SO
$5,900
Douglas Products and Packaging Liberty, MO
(Shipper)
Offered organophosphorous pesticides, liquid, toxic, flammable, 6.1, PGI, in unauthorized UN standard 5-gallon closed-head steel pails, 55-gallon closed-head plastic drums, and non-UN standard combination packages; offered organophosphorous pesticides, liquid, toxic, flammable, 6.1 in UN-certified 55-gallon closed-head plastic drums that were not closed in accordance with the manufacturer's closure notification; failed to register with PHMSA; offered aluminum phosphide, 4.3, accompanied by shipping papers that failed to include a signed shipper's certification.
[173.22(a)(2), 173.22(a)(4), 173.24(f)(2), 173.201(a)-(c), 172.204(d), 107.608(a) and (b)]
Case No. 06-0199-SD-SW
$8,568
Du-Lite Corporation
Middletown, CT
(Box Manufacturer/Shipper)
Offered corrosive solids, n.o.s. (sodium hydroxide), in unauthorized non-UN standard packaging; represented packages as meeting the UN standard when design qualification testing was not conducted and when packages were marked with an unauthorized symbol; offered corrosive solids, n.o.s. (sodium hydroxide), 8, in packagings that were not marked with the proper shipping name and UN identification number for the material; failed to properly mark outer packages with an overpack statement; failed to label packages of hazardous materials with the proper sized labels; offered corrosive solids n.o.s. (sodium hydroxide), accompanied by shipping papers that failed to provide the proper shipping name and UN identification number for the material; failed to provide recurrent hazmat training; failed to register with RSPA.
[173.22(a)(2), 178.3(a) and (d), 178.2(b), 173.25(a)(4), 173.407(c)(1), 172.400(a), 172.300(a), 172.200(a), 172.704(c)(2), 172.702(b), 172.301(a)(1) and (b), 173.212(c), 178.601(d), 178.503(a), 173.24(b), 107.608(a)]
Case No. 02-629-BMS-EA
$12,000
Eagle Specialty Products St. Louis, MO
(Shipper)
Offered paint related material, 8, in unauthorized non-UN standard 5-gallon open-head plastic pails.
[173.22(a)(2), 173.202(c)]
Case No. 07-0042-SP-SO
$5,200
Col. Centro Cuautitlan, Edo. Mexico
(Drum Manufacturer)
Represented, marked, certified, and sold closed-head steel pails as meeting the UN1A1 standard when the packaging was not capable of passing the drop, hydrostatic, and vibration tests.
[178.601(b), 178.603, 178.608, 178.605]
Case No. 06-0235-DM-SW
$5,712
Escudero, Inc.
Midland, TX
(Shipper)
Offered and transported flammable liquid, n.o.s. (methyl alcohol), 3, and flammable liquid, n.o.s. (xylene), 3, in manifolded portable tanks, accompanied by a copy of special permit DOT-E 9418 in which the issue and expiration dates had been altered without the consent of the issuing authority; failed to provide general awareness, function-specific, safety, and security awareness training or create and retain training records; offered and transported flammable liquid, n.o.s., 3, accompanied by a shipping paper that failed to (1) provide an authorized emergency response telephone number and (2) list the exemption or special permit number in association with the applicable hazardous material description; failed to retain copies of hazardous material shipping papers for a minimum of two years.
[171.2(m), 172.702(a), 172.702(a)(1)-(4), 172.704(d), 172.203(a), 172.604(b), 172.201(e)]
Case No. 07-0045-SPT-SW
$8,190
Etowah Chemical
Birmingham, AL
(Shipper)
Offered corrosive liquid, n.o.s. (phosphoric acid), 8, and corrosive liquid, n.o.s. (sodium hydroxide), 8, in unauthorized non-UN standard 275-gallon composite bulk containers; failed to maintain copies of shipping papers for a minimum of 375 days.
[173.22(a)(2), 173.35(b)(2), 172.201(e), 173.241(d)]
Case No. 04-269-SPT-SO
$4,200
Finnaren & Haley, Inc.
Conshohocken, PA
(Shipper)
Failed to close UN-certified 55-gallon open-head and closed-head steel drums in accordance with the package manufacturer's closure notification; offered paint, 3, in unauthorized non-UN standard plastic pails; failed to retain shipping papers for at least 375 days; offered paint, 3, accompanied by a shipping paper that failed to provide the proper packing group for the material.
[173.22(a)(4), 173.203(a), 172.202(a)(4), 173.22(a)(2), 172.201(e), 172.800(b), 173.24(f), 172.802(a)(3)]
Case No. 06-0091-SD-EA
$6,100
Fire Hawk Safety Systems, Inc.
d/b/a Amarillo Fire Amarillo, TX
(Cylinder Retester)
Failed to verify the accuracy of the test equipment to within one percent of the calibrated cylinder's test pressure and corresponding expansion values; failed to maintain current copies of special permits governing cylinders requalified at the facility; failed to maintain complete and accurate records of cylinder requalification; failed to determine a cylinder's average or maximum wall stress prior to marking it with a "+".
[180.205(g)(4), 180.215(a)(5), 180.215(b)(2), 172.203(m)(2), 172.202(a)(5)]
Case No. 04-263-CR-SO
$5,440
Fire Protection Specialists, LLC
d/b/a Shoreline Fire Equipment
Old Saybrook, CT
(Cylinder Retester)
Failed to demonstrate the accuracy of the test equipment at any point within 500 psi for cylinders with test pressures at or above 3000 psi; represented, marked, and certified DOT cylinders as properly retested after incorrectly applying the rejection elastic expansion (REE) rejection criteria instead of the applicable percent permanent expansion rejection criteria; failed to maintain complete and accurate records of system calibration and cylinder requalification; failed to provide recurrent general awareness and function-specific training.
[180.205(g)(3), 180.209(a)(1)-Table 1, 172.702(a), 172.704(c)(2), 180.215(b)(1) and (2), 180.205(i)(1)(iv), 180.205(g), DOT-SP 11194]
Case No. 07-0058-CR-EA
$3,825
Fire Suppression Systems, Inc.
Boseman, MT
(Cylinder Retester)
Failed to condemn cylinders for excessive permanent expansion; failed to verify the accuracy of the test equipment to within one percent of the calibrated cylinder's test pressures and corresponding expansion values; failed to maintain complete and accurate records of cylinder requalification.
[180.205(i)(1)(iv), 180.205(g)(4), 180.215(b)(2)]
Case No. 06-0236-CR-SW
$12,066
Flint Ink, Inc.
Anniston, AL
(Shipper)
Offered 2-dimethylethanolamine, 8, in unauthorized non-UN standard combination packages; offered 2-dimethylethanolamine, 8, in packages that were not (1) marked with the proper shipping name and UN identification number for the material, (2) labeled with the appropriate subsidiary hazard label, and (3) marked with required orientation arrows.
[173.22(a)(2), 172.312(a), 173.202(a), 172.301(a), 172.402(a)(1)]
Case No. 05-0601-SB-SO
$4,124
Flo-Kem Products, Inc.
Rancho Dominguez, CA
(Shipper)
Offered oxidizing solids, corrosive, n.o.s. (sodium nitrate, sodium hydroxide), 5.1, 8, in unauthorized non-UN standard open-head plastic pails.
[173.22(a)(2), 173.212(a) and (c)]
Case No. 06-0030-SP-SO
$3,750
Fruth Custom Plastics, Inc.
Placentia, CA
(Box Manufacturer)
Represented, marked, and certified two combination packaging designs as meeting the UN4G standard, when the packagings had not been subjected to design qualification testing; represented, marked, and certified combination packaging as meeting the UN4G standard, when required periodic testing was not conducted; failed to provide security awareness training or maintain records of general awareness and function-specific training.
[178.601(d) and (e), 172.704 (a)(4), 172.704(d), 172.702(a)]
Case No. 05-0389-BM-EA
$11,007
G&A Warehouses, Inc.
Bensalem, PA
(Shipper)
Offered corrosive liquid, acidic, organic, n.o.s. (4,5-dichloro-2-n-octyl-4-isothiazolin-3-one, carbendazim), 8, in unauthorized UN standard drums that were certified only for solids; failed to maintain complete training records.
[173.22(a)(2), 173.203(a), 172.704(d)]
Case No. 06-0056-SD-EA
$3,080
Gantt’s Excavating & Contracting, Inc.
Martinsburg, WV
(Shipper)
Failed to develop and adhere to a security plan; offered explosives and explosive devices, accompanied by a shipping paper that failed to provide an emergency response telephone number; failed to provide security awareness and in-depth security training.
[172.800(b), 172.802(a) and (b), 172.604, 172.704(a)(4) and (5), 172.702(a)]
Case No. 06-0099-SE-HQ
$7,912
Gateway Chemicals, Inc.
Jacksonville, FL
(Shipper)
Offered terpene hydrocarbons, n.o.s., 3, in unauthorized non-UN standard 5-gallon open-head steel pails; offered corrosive liquid, toxic, n.o.s. (hydrofluoric acid), 8, in a UN-certified 55-gallon drum that was not closed in accordance with the manufacturer's closure notification; offered terpene hydrocarbons, n.o.s., 3, accompanied by a shipping paper that provided an unauthorized emergency response telephone number; offered terpene hydrocarbons, n.o.s., 3 and corrosive liquids, toxic, n.o.s., 8, accompanied by shipping papers that failed to provide (1) the proper shipping name, (2) hazard class, and (3) packing group for the materials; failed to provide general awareness, function-specific, and safety training or create and retain training records.
[173.22(a)(2), 173.203, 172.702(a), 172.704(d), 172.704(a)(1)-(3), 172.604(a)(2), 172.202(a)(1), (3) and (4), 172.201(d), 173.24(f)(2), 173.22(a)(4)]
Case No. 05-0337-SD-SO
$4,000
Glo-Tex International, Inc.
Spartanburg, SC
(Shipper)
Offered thiourea dioxide, 4.2, in unauthorized open-head plastic pails that were not configured in accordance with the tested design; offered corrosive liquid, n.o.s. (potassium hydroxide), 8, in 55-gallon plastic drums that were not closed in accordance with the manufacturer's closure notification.
[173.22(a)(2), 173.213(c), 173.22(a)(4), 173.24(f)(2)]
Case No. 04-262-SD-SO
$5,344
H & W Construction Company, Inc.
Winchester, VA
(Shipper)
Offered and transported detonators, electric, 1.1B and 1.4B and detonator assemblies, non-electric, 1.1B, 1.4B and 1.4S, in unauthorized packaging; offered and transported explosives and explosive devices, accompanied by shipping papers that failed to provide the net explosive mass for each Class I material; failed to provide general awareness, function-specific, and safety training to one employee.
[173.22(a)(2), 173.62, 172.702(a) and (b), 172.704(a)(1)-(3)]
Case No. 05-0595-SE-HQ
$7,000
Environmental Las Vegas, NV
(Shipper)
Accepted and transported material not regulated as a hazardous material in packages marked as containing hazardous material; accepted and transported flammable liquids, n.o.s., (petroleum distillates, n.o.s. or petroleum products, n.o.s.) 3, accompanied by a shipping paper that failed to contain a signed shipper's certification; accepted and transported flammable liquids, n.o.s., (adhesives), 3, in packages that were not properly labeled; failed to create and retain training records.
[172.303(a), 172.704(a)(4) and (5), 172.704(d), 172.400(a), 172.401(a)(2), 177.817(a), 172.702(b)]
Case No. 06-0267-SD-CE
$5,080
HUMCO Holding Group
Texarkana, TX
(Shipper)
Failed to register with PHMSA; failed to provide function-specific training.
[107.608(b), 107.612, 172.702(a) and (b), 172.704(a)(2)]
Case No. 06-0119-SB-SW
$1,110
Harcros Chemicals, Inc.
Dallas, TX
(Shipper)
Filled, offered, and transported sodium hydroxide solution, 8, and phosphoric acid, 8, in intermediate bulk containers (IBCs) that had not been subjected to required periodic visual inspection and leak-proofness testing.
[180.352(b), 173.35(a)]
Case No. 06-0187-SIBC-SW
$4,725
Harcros Chemicals, Inc.
Memphis, TN
(Shipper)
Filled, offered, and transported hydrochloric acid solution, 8, in an intermediate bulk container (IBC) that had not been subjected to required periodic visual inspection and leak-proofness testing.
[180.352(b), 173.35(a)]
Case No. 07-0108-SIBC-SW
$5,600
Harvin Reaction Technology, Inc.
Greensboro, NC
(Shipper)
Failed to develop and adhere to a security plan.
[172.800(b), 172.802(b)]
Case No. 05-0474-SHC-SO
$1,000
Herrtronics, Inc.
Auburn, NY
(Cylinder Retester)
Failed to calibrate the test equipment at a pressure within 500 psig of the actual test pressure for test pressures at or above 3,000 psig; failed to maintain complete and accurate records of cylinder requalification; failed to provide recurrent function-specific training.
[180.205(g)(3)(i), 180.215(b)(2), 172.702(a), 172.704(c)(2)]
Case No. 03-382-CR-EA
$3,300
Hinogas Sales, Inc.
Harlingen, TX
(Shipper/Carrier)
Offered and transported liquefied petroleum gas, 2.1, accompanied by shipping papers that provided an invalid emergency response telephone number.
[172.604(a) and (b)]
Case No. 06-0040-CC-SW
$975
Honeywell Electronic Chemicals, LLC
Bryan, TX
(Shipper)
Filled and offered hydrofluoric acid, 8, (6.1), in intermediate bulk containers (IBCs) that had not been subjected to required periodic visual inspection and leak-proofness testing; failed to maintain complete periodic retest and inspection records for intermediate bulk containers.
[180.352(b), 173.35(a), 180.352(g)]
Case No. 06-0192-SIBC-SW
$4,700
Houston Laser & Chemical Supply, Inc.
Houston, TX
(Shipper)
Offered tetrahydrofuran, 3, and nitric acid, 8, in unauthorized non-UN standard combination packages; failed to provide security awareness training.
[173.22(a)(2), 173.158(b), (e) and (f), 173.202(a) and (b), 172.702(b), 172.704(a)(4)]
Case No. 06-0295-SB-SW
$5,900
Ideal Chemical Products, Inc.
Smyrna, GA
(Shipper)
Offered sodium hydroxide, solid, 8, in unauthorized, non-UN standard combination packages; offered sodium hydroxide, solid, 8, in packaging that was not marked with the proper shipping name for the material.
[173.22(a)(2), 173.212(a) and (b), 172.301(a)]
Case No. 04-208-SB-SW
$6,000
Imperial Fire Extinguisher Company, Inc.
Hopewell Junction, NY
(Cylinder Retester)
Failed to verify the accuracy of the test equipment to within one percent of the calibrated cylinder's pressure and corresponding expansion values; after equipment malfunction, repeated the test at the same pressure, rather than at 10 percent or 100 psi higher (whichever is lower); failed to maintain complete and accurate records of calibration and cylinder requalification; failed to remark a DOT-E 7042 aluminum cylinder "3AL" at the time of the retest.
[173.34(e)(4)(iii)(A) and (iv), 173.34(e)(4)(v), 173.34(e)(8)(ii), 173.23(c)]
Case No. 01-353-CR-EA
$4,000
Impex Forwarding Agency, Inc.
Brownsville, TX
(Freight Forwarder)
Failed to register with PHMSA.
[107.608(b)]
Case No. 06-0043-FF-SW
$250
Industrial Chemtex, Inc.
Longview , TX
(Shipper)
Failed to develop and adhere to a security plan; offered and transported corrosive liquid, n.o.s. (hydrogen fluoride and sulfuric acid), 8, in used UN1H1 plastic drums that had not been subjected to leak-proofness testing prior to reuse.
[172.800(b), 172.802(a) and (b), 173.22(a)(2), 173.28(b)(2)]
Case No. 04-755-SIBC-SW
$2,800
Interline Brands, Inc.
d/b/a Maintenance USA
Barnett Wilmar
Nashville, TN
(Shipper)
Failed to provide recurrent hazmat training.
[172.702(a), 172.704(c)(2)]
Case No. 05-0302-SC-SO
$524.89
Iowa Battery Company, Inc.
Bettendorf, IA
(Shipper)
Failed to develop and adhere to a security plan and provide security training.
[172.800, 172.802, 172.704(a)(4) and (5)]
Case No. 05-0334-BAT-CE
$3,530.66
J.E. Floruss Welding & Supply Lock Haven, PA
(Shipper)
Failed to develop and adhere to a security plan; failed to register with RSPA.
[172.800, 172.802, 107.608(a)]
Case No. 04-643-SC-EA
$4,200
Jack’s Blasting & Drilling Company, Inc.
Strasburg, VA
(Shipper)
Failed to register with RSPA; offered explosive, blasting, type B, 1.5D in packages authorized under a special permit while failing to maintain a current copy of the special permit at the facility where the material is re-offered and in each motor vehicle used to transport the packages; offered explosives and explosive devices, accompanied by shipping papers that failed to provide the (1) proper shipping name, (2) hazard class, (3) UN identification number, (4) packing group, and (5) weight for the materials; failed to retain shipping papers for a minimum of 375 days; failed to provide general awareness, function-specific, safety, and security awareness training.
[107.608(a), 172.201(e), 172.202(a)(1)-(5), 172.702(b), 172.704(a)(1)-(4), 173.22(a)(1), 173.22a(b), DOT-E 11156 para 8(b) and 10(a)]
Case No. 04-004-SE-HQ
$12,800
Jorgensen & Sons, Inc.
d/b/a Jorgensen & Company Fresno, CA
(Cylinder Retester)
Failed to condemn DOT specification and special permit cylinders for excessive permanent expansion, failed to verify the accuracy of the test equipment to within one percent of the calibrated cylinder's test pressures and corresponding expansion values; after equipment malfunction, repeated the test at the same pressure rather than at 10 percent or 100 psig higher, (whichever is lower); failed to maintain complete and accurate records of cylinder requalification.
[180.205(i)(1)(iv) and (vii), DOT-E 7235, 180.215(b)(2), 180.205(g)(4) and (5)]
Case No. 06-0288-CR-SW
$14,057
Andrew Francis Kaza
d/b/a Kaza Fire Equipment Company
Ebensburg, PA
(Cylinder Retester)
Failed to verify the accuracy of the test equipment to within one percent of the calibrated cylinder's test pressure and corresponding expansion values; failed to calibrate the test equipment at a pressure within 500 psig of the actual test pressure for test pressures at or above 3,000 psig.
[180.205(g)(3) and (4)]
Case No. 06-0165-CR-EA
$2,450
Kellaway Intermodal & Distribution Systems, Inc.
Randolph, MA
(Shipper)
Offered lighters (containing flammable gas) in unauthorized, non-UN-standard packaging; offered laighters (containing flammable gas) without preparing a proper hazardous materials shipping paper and providing the required emergency response information; failed to properly label packages containing lighters; failed to provide hazmat employee training, failed to create retain records of testing.
[172.101-Special Provision N10, 172.200(a), 172.201, 172.202, 172.406(a)(1)(ii), 172.204, 172.600, 172.604, 173.21(a), 173.22(a)(2), 172.702(b), 172.704(a)(1)-(3)]
Case No. 01-616-SB-EA
$6,218.71
Key Laboratories St. Petersburg, FL
(Shipper)
Offered amines, liquid, n.o.s. and flammable liquid, n.o.s. for transportation in unauthorized packaging; failed to create and retain training records; offered hazardous material accompanied by a shipping paper that failed to provide the (1) proper shipping name, (2) UN identification number, (3) packing group, and (4) emergency response information for the material.
[173.22(a)(2), 172.200, 172.201, 172.202(a)(1) and (3), 172.704(d), 172.203]
Case No. 00-252-SP-SO
$4,500
Krypton Pest Control Company Hialeah, FL
(Shipper)
Failed to register with PHMSA; developed a security plan that failed to include a written assessment of possible transportation risks; failed to provide complete in-depth security training.
[107.608(b), 172.702(b), 172.800(b), 172.802(a) and (b), 172.704(a)(5)]
Case No. 05-0089-SC-SO
$4,500
Lashley Warehouse Distributors, Inc.
Shreveport, LA Failed to register with PHMSA.
[107.608(b)]
Case No. 06-0118-SB-SW
$825
Liberty Propane, LLC
d/b/a Valencia Propane
Belen, NM
(Cylinder Carrier)
Transported liquefied petroleum gas, 2.1, in non-DOT/UN standard storage tanks charged to more than five percent of their water capacity.
[173.315(j)(4)]
Case No. 04-544-CC-SW
$3,500
Linde Gas Puerto Rico, Inc.
Bo Palmas Catano, PR
(Cylinder Retester)
Failed to verify the accuracy of the test equipment to within one percent of the calibrated cylinder's test pressure and corresponding expansion values; failed to maintain complete and accurate records of daily calibration; failed to calibrate the test equipment at a pressure within 500 psig of the actual test pressure for test pressures at or above 3,000 psig.
[180.205(g)(3)(i), 180.205(g)(4), 180.215(b)(1)]
Case No. 06-0158-CR-CE
$7,650
Logis, Inc.
Laredo, TX
(Freight Forwarder)
Offered radioactive material, Type A package, special form non-fissile, 7, and carbamate pesticides, solid, toxic, 6.1, without preparing proper hazardous material shipping papers; indicated on a shipping paper that a package was empty when it actually contained hazardous material.
[172.202(a)-(c), 172.203(d),173.22(a)(1)]
Case No. 05-0040-FF-SW
$6,327.10
Mallinckrodt Baker, Inc.
Phillipsburg, NJ
(Shipper)
Offered corrosive liquids, toxic, n.o.s. (hydrofluoric acid, ammonium fluoride), 8, (6.1), in an amount that exceeded the certified gross weight limit on the UN certified combination packages used for shipment.
[173.22(a)(2)]
Case No. 06-0313-SB-SO
$7,500
Marathon Petroleum Company, LLC
Robinson, IL
(Shipper)
Offered batteries, wet, non-spillable, 8, as undeclared, without shipping papers, package markings, and hazard warning labels.
[172.200, 172.300, 172.400, 173.159(a)]
Case No. 07-0034-SB-CE
$12,000
Marine Packing Company, Inc.
d/b/a Shipside Marine
Baltimore, MD
(Shipper)
Offered environmentally hazardous substances, solid, n.o.s. (antimony trioxide), 9, as undeclared in unauthorized non-UN standard bulk packagings that were not marked or labeled for the material, accompanied by shipping papers that failed to identify the material as hazardous or provide an emergency response telephone number.
[172.200(a), 172.201, 172.202, 172.203(c), 172.204, 172.504(f)(9), 173.22(a)(1) and (2), 172.604(a), 172.302, 172.332]
Case No. 03-362-SIBC-EA
$7,000
Markay Tornado Products, Inc.
Baltimore, MD
St. Albans, WV
(Shipper)
Offered potassium hydroxide solution, 8, in unauthorized non-UN standard packagings; offered potassium hydroxide solution, accompanied by a shipping paper that (1) failed to include the complete shipping name for the material, (2) failed to provide the shipping description in the correct sequence, (3) included unauthorized additional information in the shipping description, and (4) failed to provide an emergency response telephone number; failed to register with RSPA; failed to properly mark packages of hazardous materials.
[173.22(a)(2), 172.704(a), 172.202(a)(1) and (b), 107.601(e), 172.301(a), 172.702(b), 172.201(a), 173.202(b) and (c)]
Case No. 00-061-SD-EA
$750
The Memorial Hospital of Salem, Inc.
Salem, NJ
(Shipper)
Offered regulated medical waste, 6.2, in unauthorized film bag inner packagings in a bulk outer packaging (BOP); failed to close the film bags as required.
[173.22(a)(2), 173.197(d)(1)(i), 173.197(e)(1)]
Case No. 07-0026-SBG-EA
$5,250
Midlab, Inc.
Sweetwater, TN
(Shipper)
Offered corrosive solid, basic, inorganic, n.o.s. (sodium hydroxide), 8, in unauthorized 5-gallon open-head plastic pails marked as meeting the UN1H2 standard that failed to meet that standard because of noncompliant covers.
[173.22(a)(2), 173.212(a)]
Case No. 06-0306-SP-SO
$5,250
Canaday
d/b/a Candy C02 Gas Sales & Service
Lakeland, FL
(Cylinder Retester)
Performed hydrostatic testing with inaccurate equipment; failed to maintain complete and accurate records of cylinder requalification; failed to properly mark cylinders with a retester’s identification number; failed to create and retain training records; offered carbon dioxide in DOT specification and special permit cylinders, when required hydrostatic retesting had not been performed [173.34(e)(4)(iii), 173.34(e)(4)(iv), 173.34(e)(8)(ii)(A), 173.34(e)(8)(ii)(B), 173.34(e)(7)(i), 172.704(d), 173.34(e)(1)(iii), 173.301(c)]
Case No. 98-260-CR-SO
$2,700
National Welding Supply Company, Inc.
New Iberia, LA
(Cylinder Retester)
Failed to calibrate the test equipment at a pressure within 500 psig of the actual test pressure for test pressures at or above 3,000 psig; failed to retest a cylinder at the required minimum test pressure; failed to maintain complete and accurate records of cylinder requalification; failed to provide general awareness, function-specific, safety, and security training or create or retain training records.
[180.205(g)(3), 180.215(b)(2), 172.702(b), 172.704(a)(1)-(5), 172.704(d), 180.209(a)(1)]
Case No. 06-0294-CR-SW
$6,080
New York University Downtown Hospital
New York, NY
(Shipper)
Offered regulated medical waste, 6.2, in unauthorized plastic film bags that were not marked as meeting ASTM Standard D1922 for tear resistance and ASTM Standard D1709 for impact resistance and were improperly closed; failed to provide function-specific and security awareness training, and failed to certify general awareness and safety training and testing.
[173.197(e)(1)(i) and (ii), 173.22(a)(2) and (4), 172.702(b), 172.704(d), 172.704(a)(2) and (4)]
Case No. 05-0279-SBG-EA
$7,310
Norman, Fox & Company Vernon, CA
(Shipper)
Offered sodium hydroxide, solid, 8, in unauthorized non-UN standard fiber drums; filled and offered environmentally hazardous substances, liquid, n.o.s., 9, in intermediate bulk containers (IBCs) that had not been subjected to required periodic visual inspection and leak-proofness testing; failed to create and maintain complete records of periodic IBC inspection and testing.
[180.352(b) and (g), 173.35(a), 173.212(a) and (c)]
Case No. 07-0021-SDIBC-SW
$5,850
North Vista Hospital North Las Vegas, NV
(Shipper)
Offered regulated medical waste, 6.2, in packagings with closures that were not secure and leak proof; offered regulated medical waste, 6.2, accompanied by a shipping paper that failed to include a signed shipper's certification; failed to provide general awareness, function-specific, safety, and security awareness training and create and maintain hazmat training records.
[173.24(f)(1)(ii), 173.197(b), 172.702(a), 172.704(d), 172.204(d), 172.704(a)(1)-(4)]
Case No. 06-0255-SIBC-CE
$7,200
Northeastern Hospital of Philadelphia
Philadelphia, PA
(Shipper)
Offered regulated medical waste in unauthorized plastic film bags that were not marked with the required ASTM standards for tear and impact resistance and were not securely closed.
[173.197(d)(3)(v), 173.197(e)(1)(i) and (ii), 173.22(a)(2)]
Case No. 06-0005-SBG-EA
$7,144.89
Northern Battery
La Crosse, WI
(Shipper)
Offered battery fluid, acid, 8, packed together with batteries in unauthorized non-UN standard combination packages; offered battery fluid, acid, 8, accompanied by a shipping paper that failed to provide the (1) proper shipping name, (2) UN identification number, and (3) packing group for the material; failed to provide general awareness and function-specific training.
[172.702(a), 172.704(a)(1) and (2), 173.159(g) and (h), 172.102(c)(5) Special Provision N6, 172.202(a)(1), (3) and (4)]
Case No. 04-149-SB-CE
$6,275
Option Care Enterprises, Inc.
Wood Dale, IL
(Shipper)
Accepted and transported oxygen, refrigerated liquid, 2.2, and oxygen, compressed, 2.2, in cylinders that were not secured against movement within the vehicle; accepted and transported regulated medical waste, 6.2, in unauthorized packagings with closures that were not secure and leak proof
[173.24(f)(1)(ii), 173.197(b), 177.834(a)]
Case No. 06-0299-SC-CE
$7,500
Orica USA, Inc.
Kaukauna, WI
(Shipper)
Offered and transported numerous combined shipments of explosives and oxidizing materials using inadequate IME 22 containers, resulting in shipment of incompatible materials; offered and transported various combined shipments of hazardous materials under DOT special permit, accompanied by shipping papers that failed to indicate the applicable special permit; offered explosives, accompanied by shipping papers that failed to indicate the net explosive mass of the materials.
[177.848(d) and (f), 173.22(a)(2), 177.835(g)(3), 172.202(a)(5)(i), 173.63(f)(2), 172.203(a)]
Case No. 07-0075-SE-CE
$14,280
PRO2 Respiratory Services
Indianapolis, IN
(Shipper)
Offered and transported oxygen compressed, 2.2 and oxygen, refrigerated liquid, 2.2, accompanied by shipping papers that failed to provide (1) the proper hazard class for the materials and (2) a valid emergency response telephone number; failed to provide general awareness, function specific, safety, and in-depth security training and create and maintain training records.
[172.202(a)(2), 172.702(a), 172.704(d), 172.704(a)(1)-(3) and (5), 172.802(a) and (b), 172.604(a), 172.800(b)]
Case No. 06-0147-SC-CE
$4,890
Panhandle Builders & Excavating, Inc.
Martinsburg, WV
(Shipper)
Failed to develop and adhere to a security plan or provide security awareness and in-depth security training; offered boosters, 1.1D, explosive, blasting, type A and E, 1.1D, and ammonium nitrate - fuel oil mixture, 1.5D, accompanied by a shipping paper that failed to indicate the net explosive mass for those materials.
[172.800(b), 172.802(a) and (b), 172.702(a), 172.704(a)(4) and (5), 172.202(a)(5)(i), 172.704(a)(4) and (5)]
Case No. 05-0612-SE-HQ
$2,380
Patterson Medical Repairs, Inc.
Cohoes, NY
(Cylinder Retester/Shipper) Represented, marked, and certified cylinders as successfully retested, when retesting was performed by a person who was not approved as required.
[180.3(a), 180.205(b), DOT Approval dated October 15, 2001]
Case No. 06-0152-CRS-EA
$338
Peacock Laboratories, Inc.
Philadelphia, PA
(Shipper)
Failed to register with PHMSA; offered paint, 3, in UN-certified 55-gallon closed-head steel drums that were not closed in accordance with the manufacturer's closure notification; offered paint, 3, accompanied by a shipping paper that failed to provide the correct packing group for the material.
[173.22(a)(4), 172.202(a)(4), 107.608(b), 173.24(f)(2)]
Case No. 06-0166-SD-EA
$2,820
Pestcon Systems, Inc.
Wilson, NC
(Shipper)
Failed to develop and adhere to a security plan; failed to create and retain hazmat training records.
[172.800(b), 172.802(a), 172.702(b), 172.704(d)]
Case No. 06-0156-SB-SO
$6,375
Phoenix Chemical Company, Inc.
Calhoun, GA
(Shipper)
Offered sodium hypochlorite solution, 8, in unauthorized non-UN standard 5-gallon open-head plastic pails; offered ammonium hydroxide, 8, in a 55-gallon closed-head plastic drum that was not closed in accordance with the manufacturer's closure notification; offered various hazardous materials accompanied by a shipping paper that failed to follow one of the three approved formats for listing hazardous materials and failed to provide an emergency response telephone number.
[173.22(a)(2), 172.201(a)(1), 172.604(a), 173.24(f)(2), 173.202, 173.22(a)(4)]
Case No. 05-0373-SP-SO
$7,075
Pima Chemical, LLC Tucson, AZ
(Shipper)
Failed to create and maintain training records.
[172.704(d)]
Case No. 06-0010-SC-SO
$300
SPEC Enterprises, Inc.
El Monte, CA
(Shipper)
Offered cigarette lighters containing compressed gas that were forbidden for transportation because the lighters and inner packaging had not been examined and approved; represented packaging as meeting UN4G/Y9.07 standard when design qualification testing had not been performed; failed to provide hazmat training.
[173.21(i), 172.704(a) and (d), 172.702(b), 178.2(d), 178.601(d)]
Case No. 00-183-SB-WE
$10,740
Sachs Chemical, Inc.
Caguas, PR
(Shipper)
Offered compounds, cleaning liquid, 3, in an DOT 57 portable tank that had not been subjected to required periodic leak-proofness testing.
[180.605(a), 180.605(c)(3)]
Case No. 06-0157-SIBC-CE
$4,000
Safety-Kleen Systems, Inc.
Pineville, LA
(Shipper)
Distributed UN-certified packagings, while failing to notify in writing each person to whom a packaging is transferred of all requirements not met at the time of transfer necessary to satisfy performance test requirements; failed to maintain notification records.
[178.2(c)(1) and (2)]
Case No. 06-0287-SD-SW
$3,206
Scotch Plaid, Inc.
Dallas, TX
(Shipper)
Failed to develop and adhere to a security plan; failed to register with PHMSA; offered hazardous materials, accompanied by shipping papers that failed to include basic hazardous material shipping descriptions and an emergency response telephone number; failed to provide general awareness, function-specific, safety, and security awareness training.
[172.800(b), 172.704(a)(1)-(4), 172.702(b), 172.604(a), 172.201(d) 172.202(a)(1)-(4), 172.802(a) and (b), 107.608(b)]
Case No. 05-0528-SD-SW
$6,233
Scott & Ritter, Inc.
Bowling Green, KY
(Shipper)
Failed to develop and adhere to a security plan; offered detonators, assemblies, non-electric, 1.4B, accompanied by a shipping paper that failed to provide the net explosive mass for the material; failed to provide recurrent hazmat and security awareness training.
[172.800(b), 172.202(a)(5)(i), 172.704(c)(2), 172.702(b), 172.802]
Case No. 06-0302-SE-SO
$3,701
Scott Sales Company
Huntington Park, CA
(Shipper)
Failed to register with PHMSA; offered and transported isopropyl alcohol, 3, accompanied by a shipping paper that (1) failed to provide the hazard class, (2) failed to list the basic shipping description in the prescribed sequence, and (3) included unauthorized additional information prior to the shipping description; failed to provide recurrent hazmat training and create and maintain complete employee training records.
[172.201(a)(4), 172.704(c)(2), 172.702(b), 172.704(d), 172.202(b), 107.608(b), 172.202(a)(2)]
Case No. 06-0065-SDIBC-SW
$4,080
Shelton Fireworks, Inc.
Cusseta, AL
(Shipper)
Offered fireworks, 1.4G, accompanied by a shipping paper that failed to provide the net explosive mass; failed to provide general awareness, function-specific, safety, and security awareness training.
[172.704(a)(1)-(4), 172.202(a)(5)(i), 172.702(b)]
Case No. 06-0193-SE-SO
$1,500
Silicone Specialties, Inc.
San Antonio, TX
(Shipper)
Failed to register with PHMSA; offered corrosive liquid, acidic, inorganic, n.o.s., 8, acetic acid solution, 8, and hydrogen peroxide, aqueous solution, 5.1, accompanied by shipping papers that variously failed to provide (1) the proper shipping name, (2) hazard class, (3) UN identification number, and (4) packing group for the materials, and (5) failed to provide the shipping description in proper sequence.
[172.202(a)(1)-(4), 172.202(b), 107.608(b)]
Case No. 06-0062-SBD-SW
$3,000
South Pacific Petroleum Corporation
Piti, GU
(Shipper)
Transported in commerce liquefied petroleum gas, 2.1, in non-DOT/UN standard storage tanks that were filled in excess of five percent of their water capacity.
[173.315(j)(4)]
Case No. 06-0212-SC-SO
$4,200
Southeastern Chemical, Inc.
Chattanooga, TN
(Shipper)
Failed to develop and adhere to a security plan; failed to register with PHMSA; failed to provide general awareness, function-specific, safety, and security awareness training.
[172.702(b), 172.802(b), 107.608(a) and (b), 172.800(b), 172.704(a)(1)-(4)]
Case No. 04-553-SD-SO
$3,960
Specialty Ink Company, Inc.
Deer Park, NY
(Shipper)
Offered printing ink, 3, and ethanol solutions, 3, in used steel drums that had not been reconditioned or leak-proofness tested prior to reuse; offered ethanol solutions, 3, accompanied by a shipping paper that failed to provide the proper shipping name and UN identification number for the material and interspersed unauthorized additional information within the basic shipping description.
[173.22(a)(2), 172.202(b), 173.28(a)-(c), 172.202(a)(1)and(3)]
Case No. 06-0264-SD-EA
$5,750
Sunrise Hospital and Medical Center
Las Vegas, NV
(Shipper)
Offered regulated medical waste, 6.2, in packages that were not securely closed and leak proof; offered material not regulated as a hazardous material in packages marked as containing hazardous material; offered regulated medical waste, 6.2, accompanied by a shipping paper that failed to include a signed shipper's certification; failed to provide general awareness and function-specific training.
[173.24(f)(1)(ii), 172.704(a)(1) and (2), 172.204(d), 172.702(a), 172.303(a), 172.704(a)(4) and (5), 172.702(b)]
Case No. 06-0266-SD-CE
$3,750
Superior Barrel & Drum Company, Inc.
Glassboro, NJ
(Drum Reconditioner)
Represented, marked, certified, and sold remanufactured closed-head steel drums as meeting the UN1A1/Y1.4 standard and remanufactured open-head steel drums as meeting the UN1A2/Y1.4 standard when design qualification testing was not performed; failed to legibly mark remanufactured open-head steel drums.
[173.28(d), 178.3(a)(3), 178.2(b), 178.601(d)]
Case No. 01-082-DR-EA
$6,100
Sweet Returns Recycling
Sunnyside, GA
(Shipper)
Failed to develop and adhere to a security plan, or provide in-depth security training; failed to register with PHMSA; offered batteries, wet, filled with acid, 8, while failing to secure the material in a manner that could withstand conditions normally incident to transportation, resulting in leakage; offered batteries, wet, filled with acid, 8, accompanied by a shipping paper that failed to include a signed shipper's certification and a valid emergency response telephone number; failed to mark batteries, wet, filled with acid, 8, as required; failed to label batteries, wet, filled with acid, 8, as required; failed to provide general awareness, function-specific, safety, and security awareness training.
[172.704(a)(1)-(4), 172.400(a), 172.301(d), 172.204(d), 107.608(a) and (b), 172.802(b), 177.839(b), 177.834(a), 173.159(c)(1), 173.24(b)(2), 172.301(a)(1), 172.604(b), 172.702(a), 172.800(b)]
Case No. 05-0316-BAT-SO
$3,000
TCI Forwarding, Inc.
Laredo, TX
(Freight Forwarder)
Failed to develop and adhere to a security plan; failed to register with RSPA; failed to provide general awareness, function-specific, safety, and security awareness training and create and retain training records.
[172.800, 107.608(a) and (b), 172.704(a)(1)-(4), 172.704(d), 172.702(b), 172.802]
Case No. 05-0170-FF-SW
$7,100
Tailored Chemical Products, Inc.
Hickory, NC
(Shipper)
Offered paint, 3, and corrosive liquid, n.o.s. (phosphoric acid), 8, in unauthorized non-UN standard packaging; failed to register with RSPA; offered paint, 3, in a package that was not marked with the proper shipping name and UN identification number of the material; offered hazardous material, accompanied by a shipping paper that failed to provide (1) a shipper's certification and (2) a unit of measure for the total quantity of hazardous material, and (3) listed additional information before the hazardous material shipping description; failed to provide general awareness and function specific training and maintain training records.
[173.22(a)(2), 172.201(a)(4), 172.202(a)(5), 107.608(a) and (b), 172.704(d), 173.203, 172.204(a) and (d), 172.301(a), 172.702(a), 172.704(a)(1) and (2), 173.202]
Case No. 02-282-SD-SO
$10,725
Tandem Technologies International
Carrollton, GA
(Shipper)
Offered and transported corrosive liquid, basic, inorganic, n.o.s. (sodium hydroxide), 8, and corrosive liquid, acidic, inorganic, n.o.s. (hydrochloric and phosphoric acid), 8, in unauthorized non-UN standard combination packages.
[173.22(a)(2), 173.202]
Case No. 06-0308-SB-SO
$5,250
Techno Coatings North Miami, FL
(Shipper)
Failed to register with PHMSA; failed to provide recurrent hazmat training.
[172.704(c)(2), 172.702(a), 107.608(a) and (b)]
Case No. 06-0071-SD-SO
$705
Tenet St. Louis
d/b/a St. Louis University Hospital
St. Louis, MO
(Shipper)
Offered and transported regulated medical waste, 6.2, in non-UN standard wheeled carts with closures that are not secure and leak proof containing inner plastic film bags that failed to meet the required ASTM standards; offered and transported regulated medical waste, 6.2, in non-UN standard wheeled carts that were not of solid one-piece construction; failed to provide security awareness and infectious substance training or create and maintain training records; offered regulated medical waste, 6.2, when the packagings were not marked for reuse and did not have the correct Biohazard marking; failed to retain copies of shipping papers for a minimum of 375 days.
[172.201(e), 173.22(a)(2), 173.24(f)(1)(ii), 173.199(e), 172.704(d), 172.704(a)(4), 172.702(a), 173.197(e)(3)(ii), 173.134(c)(1)(i), 173.22(a)(1), 173.197, 173.197(e)]
Case No. 05-0117-SBGB-CE
$10,860
Thornton Technology Corporation
San Marcos, CA
(Cylinder Retester)
Represented, marked, and certified a special permit cylinder as successfully retested using the volumetric expansion test method, when that test method is not authorized by the special permit; failed to condemn a cylinder for excessive permanent expansion.
[180.205(i)(1)(iv), DOT-E 12955, 180.205(c)]
Case No. 04-758-CR-SW
$5,400
Tandem Technologies International
Carrollton, GA
(Shipper)
Offered and transported corrosive liquid, basic, inorganic, n.o.s. (sodium hydroxide), 8, and corrosive liquid, acidic, inorganic, n.o.s. (hydrochloric and phosphoric acid), 8, in unauthorized non-UN standard combination packages.
[173.22(a)(2), 173.202]
Case No. 06-0308-SB-SO
$5,250
Techno Coatings
North Miami, FL
(Shipper)
Failed to register with PHMSA; failed to provide recurrent hazmat training.
[172.704(c)(2), 172.702(a), 107.608(a) and (b)]
Case No. 06-0071-SD-SO
$705
Tenet St. Louis
d/b/a St. Louis University Hospital
St. Louis, MO
(Shipper)
Offered and transported regulated medical waste, 6.2, in non-UN standard wheeled carts with closures that are not secure and leak proof containing inner plastic film bags that failed to meet the required ASTM standards; offered and transported regulated medical waste, 6.2, in non-UN standard wheeled carts that were not of solid one-piece construction; failed to provide security awareness and infectious substance training or create and maintain training records; offered regulated medical waste, 6.2, when the packagings were not marked for reuse and did not have the correct Biohazard marking; failed to retain copies of shipping papers for a minimum of 375 days.
[172.201(e), 173.22(a)(2), 173.24(f)(1)(ii), 173.199(e), 172.704(d), 172.704(a)(4), 172.702(a), 173.197(e)(3)(ii), 173.134(c)(1)(i), 173.22(a)(1), 173.197, 173.197(e)]
Case No. 05-0117-SBGB-CE
$10,860
Thornton Technology Corporation
San Marcos, CA
(Cylinder Retester)
Represented, marked, and certified a special permit cylinder as successfully retested using the volumetric expansion test method, when that test method is not authorized by the special permit; failed to condemn a cylinder for excessive permanent expansion.
[180.205(i)(1)(iv), DOT-E 12955, 180.205(c)]
Case No. 04-758-CR-SW
$5,400
United Airlines
San Francisco, CA
(Shipper/Carrier)
Offered flammable liquid, n.o.s. (petroleum distillates), 3, in an unauthorized non-UN standard 5-gallon open-head plastic pail; failed to properly label a package containing hazardous material.
[172.400(a)(1), 173.203]
Case No. 02-185-SB-WE
$5,600
United-Guardian, Inc.
Hauppauge, NY
(Shipper/Carrier)
Offered waste hydrogen sulfide, 2.3 (2.1), accompanied by a shipping paper that failed to include the subsidiary hazard class and failed to include the words "Poison-Inhalation Hazard, Zone B", immediately following the shipping description; failed to develop and adhere to a security plan or provide security training.
[172.800(b), 172.202(a)(2), 172.704(a)(4)and(5), 172.802, 172.702(a), 172.203(m)]
Case No. 06-0263-SC-EA]
$3,940
Vazeli Group, Ltd.
Laredo, TX
(Freight Forwarder)
Failed to develop and adhere to a security plan; failed to provide recurrent general awareness, function-specific, and safety training and initial security awareness training.
[172.800(b), 172.704(a)(4), 172.704(c)(2), 172.702(b)]
Case No. 05-0151-FF-SW
$4,200
Warehouse Nail & Beauty Supply
Atlanta, GA
(Shipper)
Offered acetone, 3, in unauthorized non-UN standard packaging; failed to mark a package containing hazardous material with the proper UN identification number for the material; failed to register with RSPA; offered acetone, 3, accompanied by a shipping paper that failed to include a valid emergency response telephone number; failed to provide general awareness, function-specific, and safety training.
[172.301(a), 173.22(a)(2), 173..202, 107.608(a) and (b), 172.604(a), 172.702(a), 172.704(a)(1)-(3)]
Case No. 03-252-SB-SO
$5,027.73
Warfield Point Associates, Inc.
Greenville, MS
(Carrier)
Failed to develop and adhere to a security plan; offered and transported fuel aviation, turbine engine, 3, with no hazardous material shipping paper; failed to provide recurrent hazmat and security awareness training.
[172.800(b), 172.202, 172.704(a), 172.704(c)(2), 172.702(b), 172.802(b), 172.201]
Case No. 07-0001-CAR-SO
$6,705
Wolf’s Warehouse, Inc.
Tulsa, OK
(Shipper)
Offered amines, flammable, corrosive, n.o.s., 3, (8), accompanied by a shipping paper that (1) failed to provide the secondary hazard class for the material and (2) failed to include a shipper's certification; failed to register with PHMSA.
[107.608(b), 172.204(a), 172.204(d), 172.202(a)(2)]
Case No. 06-0173-SD-SW
$3,165
X2 Collision
Maryville, IL
(Shipper)
Offered air bag modules, 9, when the material had not been classified as hazardous material; offered air bag modules in unauthorized non-UN standard packaging; failed to mark the packages containing air bag modules with the proper shipping name and UN identification number for the material; failed to label packages as required; failed to describe air bag modules as hazardous on shipping papers; failed to provide general awareness, function-specific, safety, and security awareness training.
[172.702(b), 172.200(a), 172.400(a), 172.604(a), 173.166(e), 173.22(a), 172.301(a), 172.704(a)(1)-(4)]
Case No. 05-0201-SB-CE
$7,000
Yates Fire Protection Service, Inc.
Hampton, VA
(Cylinder Retester)
Failed to verify the accuracy of the test equipment to within one percent of the calibrated cylinder's pressure and corresponding expansion values; failed to maintain complete records of cylinder requalification.
[180.205(g)(4), 180.215(b)(2)]
Case No. 04-624-CR-EA
$4,880
Zohar Detergent Company
Kibbutz Dalia, Israel
(Shipper)
Offered alkyl sulfonic, liquid, 8, in unauthorized non-UN standard bulk packaging.
[173.22(a)(2), 173.24(c), 173.241(d)]
Case No. 05-0439-SIBC-SO
$2,700
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