RSPA FY 2004
Administratively Closed 1 Civil Penalty Cases
Awaiting Penalty Collection
1 Administratively closed cases are those for which an Order was issued by the Chief Counsel and no appeal was filed, and the only pending action is payment of the penalty assessed in the Order.
A-1 BARREL CO., LLC.
(Drum Reconditioner)
Represented, marked, certified, sold 55-gallon closedhead steel drums, as meeting the UN1A1/Y1.2/100 standard, when they were not capable of passing the drop test.
[173.28 (c)(3). 178.2 (b), 178.601 (b), 178.603]
Case No. 03-505-DR-SW
$9,240
A-D DISTRIBUTING COMPANY, INC.
(Shipper)
Offered corrosive liquid, poisonous, n.o.s. (containing hydrofluoric and phosphoric acids) without describing it on a shipping paper, without marking the packaging with the proper shipping name and UN identification number, without affixing a hazard warning label to the packaging, and without providing emergency response information, thereby creating an undeclared shipment; failed to provide employee training, or create and retain records of training testing.
[172.200 (a), 172.201 (a) and (d), 172.301 (a), 172.400 (a), 172.600 (a), 172.702 (b), 172.704 (a) and (d)]
Case No. 03-111-SB-CE
$10,500
AGRILIANCE, LLC.
(Shipper)
Offered environmentally hazardous substances, liquid, n.o.s., (2,4-D salt), 9, PG III, when design qualification testing had been conducted on the packaging but it had not been marked with the UN certification, as required, thus rendering it unauthorized non-bulk packaging; offered hazardous material in a reused non-bulk packaging marked as meeting a UN standard, when it failed to perform a leak-proofness test as required for such packaging before being reused.
[173.22 (a)(2), 173.203, 178.3 (a), 173.28 (b)]
Case No. 03-526-SD-SW
$7,235
ALDRICH CHEMICAL COMPANY
(Shipper)
Offered toxic liquid, organic, n.o.s. (containing ethylene chlorohydrin and chloroform), 6.1, toxic inhalation hazard, hazard zone B, in a packaging not meeting the requirements for transporting a toxic by inhalation, hazard zone B material; offered this material accompanied by a shipping paper that did not properly describe it, and in packaging that was not properly marked and labeled.
[173.22 (a)(2), 173.226 (c), 173.227 (a), 172.203 (m), 172.313 (a), 172.400 (a)(1), 172.402 (c)]
Case No. 04-068-SB-EA
$12,190
AMERCO FIRE CONTROL, INC.
(Cylinder Retester)
After an equipment malfunction, repeated the test at the same pressure, rather than at 10 percent or 100 psi higher (whichever is lower); failed to demonstrate the accuracy of the test equipment within 500 psi of the actual test pressure, for pressures at or above 3,000 psi; failed to maintain records of cylinder re-qualification.
[180.205 (g)(5), 180.205 (g)(3)(i), 180.215 (b)(2)]
Case No. 04-227-CR-SW
$3,000
AMERICAN DRUMS, INC.
(Steel Drum Manufacturer)
Manufactured, marked, certified, and sold remanufactured steel drums as meeting the UN1A2 standard, when they were not capable of passing the drop and hydrostatic pressure tests; when they were not subjected to the required design qualification and periodic testings; and when the UN certification marking contained errors; failed to provide general awareness and function-specific employee training, or create and retain records of training testing.
[178.601 (b), 178.603, 178.605, 178.601 (d) and (e), 178.503 (a) and (d), 172.702 (b), 172.704 (a) and (d)]
Case No. 03-156-DMWE
$18,800
ATLANTIC ASSOCIATES INTERNATIONAL, INC.
(Shipper)
Offered sulfuric acid and hydrochloric acid in unauthorized packaging; represented and offered a material as hazardous when it was not.
[173.28 (b)(2) and (4)(i), 172.202 (e), 172.303 (a), 172.401 (a)(1)]
Case No. 03-063-SP-EA
$6,000
ATLANTIC FIRE & SAFETY, INC.
(Cylinder Retester)
Failed to demonstrate the accuracy of the test equipment within 500 psi of the actual test pressure, for pressures at or above 3,000 psi; failed to maintain complete and accurate records of cylinder re-qualification; failed to test DOT exemption cylinders at the minimum test pressure prescribed by the exemption; failed to provide general awareness and function-specific employee training.
[173.34 (e)(4)(iii)/180.205 (g)(3)(i), 173,34 (e)(8)(ii)(A) and (B)/180.215 (b)(1) and (2), 173.34 (e)(1), 172.702 (b), 172.704 (a)(1) and (2)]
Case No. 03-601-CR-EA
$10,800
BRANDT INDUSTRIES, INC.
(Shipper)
Offered compounds, cleaning, liquid (containing potassium hydroxide), in unauthorized, non-UN standard packaging; failed to register with RSPA; failed to create and retain records of employee training testing.
[173.22 (a)(2), 173.202 (c), 107.601 (a)(6), 107.608 (a) and (b), 172.704 (d)]
Case No. 03-280-SP-SO
$4,900
BRODY CHEMICAL COMPANY, INC.
(Shipper)
Failed to register with RSPA; offered paint-related material in unauthorized, non-UN standard, non-bulk packaging; offered this material without preparing a shipping paper; failed to mark the packaging with the proper shipping name and UN identification number; failed to create and retain records of employee training testing.
[107.601 (a)(6), 107.608 (b), 173.22 (a)(2), 173.24 (c), 173.202 (a) and (c), 172.200 (a), 172.301 (a), 172.704 (d)]
Case No. 03-243-SP-SW
$7,455
BRODY CHEMICAL COMPANY, INC.
(Shipper)
Offered paint related material, 3, in unauthorized, non-UN standard, non-bulk packaging; offered hazardous materials accompanied by a shipping paper that listed incorrect proper shipping names; failed to mark the packaging with the proper shipping name and UN identification number.
[173.22 (a)(2), 173.24 (c), 173.202 (a) and (c), 172.202 (a)(1), 172.301 (a)]
Case No. 03-244-SP-SW
$4,545
BUTLER GAS PRODUCTS COMPANY
(Cylinder Retester)
Failed to demonstrate the accuracy of the pressure indicating device on its test equipment to within one percent of the calibrated cylinder’s known values and to within 500 psi of actual test pressure; after an equipment malfunction, repeated the test at the same pressure, rather than at 10 percent or 100 psi higher (whichever is lower); failed to record the reason for the second retest and entered symbols on the records for cylinders that were not eligible to be marked with those symbols.
[180.205 (g)(3)(i) and (4), 180.205 (g)(5), 180.215 (b)(2)]
Case No. 04-367-CR-EA
$4,000
CERTOL INTERNATIONAL, LLC
(Shipper)
Offered hypochlorite solution, 8, in drums marked as meeting the UN1H1 standard that were not labeled with the required hazard warning label and were not marked with the proper shipping name and UN identification number.
[172.400 (a), 172.301 (a)]
Case No. 03-519-SDSW
$2,500
CHANGZHOU INTERNATIONAL CORPORATION
OF ECONOMIC AND TECHNICAL COOPERATION, LTD.
(Shipper)
Offered toxic solid, organic, n.o.s. (containing catechol), 6.1, when it failed to provide the class of the material, failed to properly mark and label the packaging, and failed to describe the material as hazardous on a shipping paper; offered the material in an unauthorized, non-UNstandard, non-bulk packaging.
[172.200 (a), 172.202 (a), 172.300 (a), 172.301 (a), 173.22 (a)(2), 173.213 (a), IMDG Code – P002]
Case No. 03-378-FSD-EA
$20,000
CHELSEA DRUM COMPANY, INC.
(Drum Reconditioner)
Represented, marked, and certified reconditioned steel drums as meeting the UN1A1 standard, when they were not tested for leak-proofness; failed to provide general awareness and function-specific employee training.
[173.28 (b)(2)(i), 178.2 (b)(1) and (2), 178.3 (b), 172.702 (b), 172.704 (a)(1) and (2)]
Case No. 04-386-DREA
$2,360
CHEM-STAT, INC.
(Shipper)
Offered isopropanol in unauthorized, non-UN standard packaging; failed to register with RSPA; failed to provide general awareness and function-specific employee training.
[173.22 (a)(2), 173.202, 107.601 (a)(6), 107.608 (b), 172.702 (b), 172.704 (a)(1) and (2)]
Case No. 03-270-SB-SO
$3,600
THE CHEMISTRY STORE
(Shipper)
Offered sodium hydroxide, solid, in non-UN standard packaging; failed to provide employee training, or create and retain records of training testing.
[173.22 (a)(2), 173.212, 172.702 (b), 172.704 (a) and (d)]
Case No. 03-262-SP-SO
$7,815
COBRA MANUFACTURING, INC.
(Shipper)
Offered a class 6.1 HM without executing shipping papers and without marking or labeling the packages, thereby creating an undeclared shipment; failed to provide employee training, or create and retain records of training testing.
[172.202 (a), 172.301 (a), 172.400 (a)(1), 172.604 (a), 173.22, 172.702 (b), 172.704 (a) and (d)]
Case No. 03-239-SB-SW
$11,550
COLORADO PAINT COMPANY II
(Shipper)
Offered paint-related material in portable tanks marked as meeting the DOT 57 specification that were not periodically inspected and tested; offered this material accompanied by a shipping paper that did not list the hazard, UN identification number, packing group, technical name, and included a shipper’s certification that was not legibly signed; failed to close packaging in accordance with the manufacturer’s closure notification; failed to mark the packaging with the proper shipping name and UN identification number.
[173.32 (a)(2), 180.605 (c)(3), (g), (h)(1), and (k), 172.202 (a)(2)-(4), 172.203 (k), 172.204 (d), 173.22 (a)(4), 173.24 (f)(2), 172.301 (a)]
Case No. 03-520-SIBC-SW
$7,700
CONTROL FIRE AND SAFETY, INC.
(Cylinder Retester)
After equipment malfunction, repeated the test at the same pressure, rather than at 10 percent or 100 psi higher (whichever is lower); failed to verify the accuracy of the test equipment to within one percent of the calibrated test pressure and corresponding expansion values.
[180.205 (g)(5), 180.205 (g)(4)]
Case No. 03-534-CR-SW
$3,000
DEIST SAFETY EQUIPMENT, INC.
(Shipper)
Marked and certified UL-listed cylinders as meeting a DOT specification when they did not meet the specifications requirements and marked UL-listed cylinders with a symbol not assigned to the manufacturer; failed to provide employee training.
[178.2 (b), 178.3, 178.65 (i), 172.702 (b), 172.704 (a)]
Case No. 03-020-SC-HQ
$2,400
EAGLE INDUSTRIES, INC.
(Cylinder Retester)
Failed to condemn cylinders with permanent expansion exceeding total expansion beyond the allowable limit; after an equipment malfunction, repeated the test at the same pressure, rather than at 10 percent or 100 psi higher (whichever is lower); failed to demonstrate the accuracy of the test equipment to within one percent of the prescribed test pressure or within 500 psi of actual test pressure for test pressures at or above 3,000 psi; failed to maintain copies of applicable DOT exemptions at its facility.
[180.205 (i)(1)(iv) and (vii), DOT-E 8162, 180.205 (g)(5), 180.205 (g)(3)(i), 180.215 (a)(4)-(6)]
Case No. 03-515-CR-SW
$11,760
EASTERN COLOR & CHEMICAL COMPANY
(Shipper)
Offered methyl ethyl ketone in five-gallon plastic pails closed with lids that were not tested as part of the pail; offered this material accompanied by a shipping paper that did not list the proper shipping name, UN identification number, or total quantity, and listed the shipping description out of sequence; failed to mark the packaging with the proper shipping name and UN identification number; failed to provide function-specific employee training, or create and retain records of training testing.
[173.22 (a)(2) and (4), 173.202 (a), 172.202 (a)(1), (3), and (5), 172.202 (b), 172.301 (a), 172.702 (b), 172.704 (a)(2), 172.704 (d)]
Case No. 03-054-SP-EA
$10,000
ECTOR DRUM, INC.
DBA LONE STAR DRUM COMPANY
(Drum Reconditioner)
Represented, marked, certified, and sold reconditioned steel drums as meeting the UN1A1/Y standard, when they were not capable of passing the drop, leakproofness, and hydrostatic pressure tests, and represented, marked, certified, and sold plastic drums as meeting the UN1H1/Y standard, when they were not capable of passing the drop, leak-proofness, hydrostatic pressure, and vibration tests; represented, marked, certified, and sold steel drums as meeting a UN standard, when they were not marked in a permanent manner, on the bottom or the side, with the UN symbol, the packaging identification code, the letter identifying the performance standard, the specific gravity o r mass for which the packaging design had been tested, the test pressure in kilopascals, the last two digits of the year of manufacture, the state authorizing allocation of the mark, the manufacturer’s symbol or name and address, and the nominal thickness (in millimeters) of the packaging material.
[173.28 (c), 178.603, 178.604, 178.605, 178,608, 173.28 (b)(4), 173.28 (c), 178.503 (a) and (d)]
Case No. 04-241-DR-SW
$7,500
EVANS CUSHING, INC.
(Steel Drum Manufacturer)
Manufactured, marked, certified, and sold steel drums as meeting the UN1A1 and UN1A2, standards, when the design qualification test reports for the drums were incomplete or improperly maintained; manufactured, marked, certified, and sold steel drums as meeting the UN1A1 standard, when the design qualification drop and hydrostatic pressure tests were not properly conducted.
[178.2 (b), 178.601 (d) and (l), 178.2 (b), 178.601 (d),178.603 (e), 178.605 (d)]
Case No. 03-514-DM-SW
$5,045
EVANS CUSHING, INC.
(Steel Drum Manufacturer)
Manufactured, marked, certified, and sold 55-gallon, closed-head steel drums as meeting the UN1A1/X1.8/300 standard, when they were not capable of passing the drop and hydrostatic pressure tests.
[178.601 (a), 178.603, 178.605]
Case No. 04-214-DMSW
$5,890
EVERGREEN FIRE AND SAFETY, INC.
(Cylinder Retester)
Failed to (1) condemn cylinders consistent with the requirements of the regulations and (2) provide written notification of the cylinders’ condemnation to the owners; failed to create complete hydrostatic retest records; failed to create and retain records of employee training testing.
[180.205 (i)(2), 180.215 (b), 172.704 (d)]
Case No. 03-161-CR-WE
$3,000
FERRELL GAS, L.P.
(Motor Carrier)
Offered liquified petroleum gas, 2.1, in storage tanks designed for permanent installation, when the tanks were charged to more than five percent of their water capacity.
[173.315 (j)(4)]
Case No. 03-221-CC-SW
$10,000
FIREX, INC.
(Cylinder Retester)
Failed to confirm the accuracy of the test equipment to within one percent of the calibrated test pressure and corresponding expansion values; failed to maintain complete records of reinspection and retest.
[180.3 (a), 180.205 (g)(4), 180.215 (b)(2)]
Case No. 04-368-CR-EA
$2,200
FLAMENT INTERNATIONAL CO., LTD.
(Shipper)
Offered lighters, cigarettes (containing flammable gas), when the design of the device and its inner packaging had not been examined and approved, and therefore, were unauthorized.
[172.101 – Special Provision N10, 173.21 (i)]
Case No. 02-183-FSB-WE
$7,500
RICHARD FORD
DBA PROSAFE ENVIRONMENTAL CO., INC.
(Drum Reconditioner)
Represented, marked, and certified used drums as meeting the UN1H1 standard when they were not tested for leak-proofness prior to reuse and not marked as tested and were therefore unauthorized; failed to notify customers in writing of all closure instructions needed to satisfy performance test requirements not met at the time of transfer; failed to provide general awareness and function-specific employee training.
[173.28 (a), 178.604 (b)(ii), 178.2 (c)(1)(i) and (ii), 172.702 (b), 172.704 (a)(1) and (2)]
Case No. 01-612-DR-EA
$7,500
FORMEX INTERNATIONAL, LTD.
(Shipper)
Offered fireworks, 1.3G, in combination packaging not constructed in accordance with the general packaging provisions, in that metal staples penetrated inside the outer packaging and the plastic inner packages could not adequately protect the explosive devices from the metal staples.
[171.12 (b), 178.60 (b)(1), IMDG Code – 4.1.5.10 and 1.3]
Case No. 02-389-FSE-EA
$9,000
GLADSTRONG INVESTMENT (USA) CORPORATION
(Shipper)
Imported lighters, cigarette (containing flammable gas), 2.1, without notifying the foreign shipper of the applicable requirements of the regulations that would apply to the shipment within the United States; offered them accompanied by a shipping paper that (1) did not list the “T” approval number; and (2) listed an emergency response telephone number for which it was not registered; failed to register with RSPA; failed toprovide employee training, or create and retain records oftraining testing; offered them in unauthorized, non-UNstandard packaging; offered them when the design of the devices and their inner packaging had not been examined and approved as required, and, therefore, were unauthorized.
[171.12 (a), 172.102 (b)(5) – Special Provision N10, 172.604 (b), 107.601 (a)(6), 107.608 (a) and (b), 172.702 (b), 172.704 (a) and (d), 172.102 (b)(5) – Special Provision N10, 173.24, 172.102 (b)(5) – Special Provision N10, 173.21 (i)]
Case No. 02-165-SB-WE
$18,965
GLADSTRONG INVESTMENT, LIMITED
(Shipper)
Offered lighters, cigarettes (containing flammable gas), 2.1, when the design of the devices and their inner packaging had not been examined and approved as required, and, therefore, were unauthorized; offered them in unauthorized, non-UN standard packaging.
[172.102 (b)(5) – Special Provision N10, 173.21 (i), 172.102 (b)(5) – Special Provision N10, 173.24]
Case No. 02-166-FSB-WE
$12,600
GRACETON INDUSTRIES
DBA FIRE EXTINGUISHER ACCESSORIES AND MICHAEL ROSE, JR.
(Cylinder Retester)
Failed to hold a current retesters' identification number and approval.
[173.34 (e)(2)(i)]
Case No. 02-394-CRSEA
$3,000
GRUPO ZAPATA
(Steel Drum Manufacturer)
Manufactured, marked, certified, and sold five-gallon, closed-head steel drums as meeting the UN1A2/Y1.5/80 standard, when they were not capable of passing the drop, leak-proofness, and hydrostatic pressure tests; manufactured, marked, certified, and sold five-gallon, closed-head steel drums as meeting the UN1A2/Y1.5/80 standard, when, during design qualification testing, it failed to drop test the required number of samples.
[178.601 (b), 178.603 (f)(1), 178.604 (f), 178.605 (e), 178.601 (a), 178.603 (a)(see also UN Recommendations on the Transport of Dangerous Goods, 12th Edition, §6.1.5.3)]
Case No. 04-156-FDM-WE
$15,600
GRANT W. HAGBERG COMPANY
(Shipper)
Represented, marked, and certified a cylinder as meeting the requirements of a DOT exemption after the 15-year period authorized by the exemption and failed to properly condemn others that were 15 years beyond the date of manufacture; offered carbon dioxide, 2.2, when it failed to have shipping papers for some cylinders and for others the shipping papers did not list a correct shipping description; failed to maintain copies of the applicable exemptions at its facility; failed to maintain complete and accurate records of reinspection and retest.
[180.205 (i)(2), DOT-E 7235 and 7277, 172.201 (a), 172.202 (a), 180.215 (a)(5), 180.215 (b)(2)]
Case No. 03- 138-CRS-CE
$9,350
HEDWIN CORPORATION
(Fiberboard Box Manufacturer)
Manufactured, marked, certified, and sold fiberboard boxes as meeting the UN4G standard, when they were not capable of passing the required drop test.
[178.2 (b), 178.601 (b) and (d), 178.603]
Case No. 99-088-BM-EA
$6,425
HEDWIN CORPORATION
(Fiberboard Box Manufacturer)
Manufactured, marked, certified, and sold three different fiberboard boxes as meeting the UN4G standard, when they were not capable of pass the required drop test.
[178.2 (b), 178.601 (b) and (d), 178.603]
Case No. 00- 152-BM-WE
$6,425
HEDWIN CORPORATION
(Fiberboard Box Manufacturer)
Manufactured, marked, certified, and sold combination packaging as meeting the UN4G/Y32/S standard, when they were not capable of passing the drop test.
[178.2 (b), 178.601 (b) and (d), 178.603]
Case No. 02-059-BM-EA
$2,900
HEDWIN CORPORATION
(Fiberboard Box Manufacturer)
Manufactured, marked, certified, and sold combination packaging as meeting the UN4G/Y32/S standard, when they were not capable of passing the required drop test.
[178.2 (b), 178.601 (b)]
Case No. 04-362-BM-EA
$3,390
HEDWIN CORPORATION
(Fiberboard Box Manufacturer)
Manufactured, marked, certified, and sold combination packaging as meeting the UN4G/Y24/S standard, when they were not capable of passing the required drop test.
[178.2 (b), 178.601 (b)]
Case No. 04-363-BM-EA
$3,785
INTERNATIONAL CHEMICAL COMPANY
(Shipper)
Offered compound, cleaning, liquid (containing potassium hydroxide, monoethanolamine, and sodium silicate), 8, in intermediate bulk containers that were not periodically tested and inspected; failed to close drums in accordance with the manufacturer's closure notification; offered this material accompanied by a shipping paper that did not list the technical name of the material.
[173.35 (a), 173.242 (d), 180.352 (b), 173.22 (a)(4), 173.24 (f)(2), 172.203 (k)]
Case No. 04-083-SIBC-EA
$4,770
JULY-4-EVER COMPANY, INC.
AKA AND DBA HOLIDAY NOVELTY AND LOUIS CASALE
(Fiberboard Box Manufacturer/Shipper)
Offered black powder, sporting, 1.1D, when the material had not been examined, classed, and approved as required, and, therefore, was unapproved; offered fireworks, 1.3G (one item) and 1.4G (seven items), when the EX approval number on the packaging had never been issued by RSPA and the material has not been examined, classed, and approved, or when the EX approval number listed on the packaging had been issued to another company for a different item and the material had not been examined, classed, and approved, thereby creating unapproved explosives; represented, marked, and certified fiberboard boxes as meeting the UN4G/X15/S standard, when design qualification testing had never been performed and when the boxes had been marked with the symbol of an approval agency without its permission or knowledge; offered these materials accompanied by various shipping papers that (1) did not indicate that the material being offered was hazardous, (2) contained a basic shipping description that was out of sequence, (3) contained additional information within the basic shipping description, (4) did not list the quantity of material being offered, (5) included an unsigned shipper’s certification, and (6) did not list an emergency response telephone number; failed to provide employee training, or create and retain records of training testing.
[173.51 (a), 173.54 (a), 173.56 (Violations 1 and 2), 178.2 (b), 178.3 (a)(2), 178.503 (a)(8), 178.601 (d), 178.601 (l), 178.602, 178.603, 178.606, 172.201 (a)(4), 172.202 (a) and (c), 172.204 (d), 172.604 (a), 172.702 (b), 172.704 (a) and (d)]
Case No. 01-081-BMSE-EA
$37,000
KAMTEL, INC.
DBA OZARK CIRCUITS
(Shipper)
Represented an intermediate bulk container as meeting the UN31H2/Y standard, when it had not been reinspected and retested within the past 2.5 years; offered the residue of a corrosive liquid, basic, inorganic, n.o.s. (containing ammonium hydroxide and ammonium chloride), accompanied by a shipping paper that did not describe the material.
[180.352 (b), 172.200 (a), 172.202 (a)]
Case No. 03-246-SIBC-SW
$6,600
KELLAWAY INTERMODAL & DISTRIBUTION SYSTEMS, INC.
(Shipper)
Offered lighters (containing flammable gas), 2.1, in unauthorized, non-UN standard packaging; offered them without preparing a proper hazardous materials shipping paper and without providing the required emergency response information; failed to properly label the packaging; failed to provide employee training, or create and retain records of training testing.
[172.102 (b)(5) – Special Provision N10, 173.21 (i), 172.200 (a), 172.201, 172.202, 172.204, 172,600, 172.604, 172.406 (a)(1)(ii), 172.702 (b), 172.704 (a) and (d)]
Case No. 01-616-SB-EA
$8,925
L.A. LIGHTER, INC.
(Shipper)
Offered lighters, cigarette (containing flammable gas), 2.1, when the design of the devices and their inner packaging had not been examined and approved; offered them accompanied by a shipping paper that did not list the proper shipping name, hazard class or division, or the DOT approval number; failed to register with RSPA.
[172.102 (b)(5) – Special Provision N10, 173.21 (i), 172.202 (a)(1) and (2), 172.102 (b)(5) – Special Provision N10, 107.601 (a)(6), 107.608 (a) and (b)]
Case No. 03- 152-SB-WE
$10,600
LABORATORIOS IMPERIALES, S.A. DE C.V.
(Shipper)
Offered nitrates, inorganic, n.o.s. (containing bismuth nitrate), in unauthorized, non-UN standard, non-bulk packaging.
[171.12 (e), 173.22 (a)(2), 173.212 (a)]
Case No. 03-373-FSP-EA
$3,420
MANN CHEMICAL, LLC
(Shipper)
Offered sulfuric acid in unauthorized, non-UN standard, non-bulk packaging.
[173.22 (a)(2), 173.202 (a)]
Case No. 02-606-SB-EA
$3,000
ORICA USA, INC.
(Shipper)
Offered an explosives substance that had not been examined by a laboratory authorized by the Associate Administrator for Hazardous Materials Safety to conduct explosives classification testing and subsequently approved by the Associate Administrator, or examined, classed, or approved by any other authorized method.
[173.51 (a), 173.54 (a), 173.56]
Case No. 03-148-SE-CE
$6,562
PACKAGE RESEARCH LABORATORY, LLC
(Third-Party Package Certifier)
Represented and certified (1) intermediate bulk containers marked as meeting the UN11A/X standard, when they had not been dropped from the proper height for PG I packaging, (2) combination packaging marked as meeting the UN4G/Y standard, when they had not been dropped from proper height for PG II packaging, and (3) combination packaging marked as meeting the UN4G/Y/14.01/S standard, when they were intended for the transportation of liquids.
[178.810 (d), 178.601 (d), 178.603 (e)(1)(ii), 178.602 (a)-(c)]
Case No. 02-090-PCEA
$8,960
PACKAGING DEVELOPMENT SERVICE, INC.
(Third-Party Package Certifier)
Represented, marked, and certified combination packaging as meeting the UN4G standard, when the design qualification stacking test was not properly conducted, and the packaging was tested with less weight than required; represented, marked, and certified combination packaging as meeting the UN4G standard, when the design qualification test report was incomplete or missing required information; failed to create and retain records of employee training testing.
[178.2 (b), 178.601 (d), 178.606, 178.601 (l)(6), (8), and (9), 172.704 (d)]
Case No. 03-214-PC-SW
$750
PATCO MANAGEMENT, INC.
(Shipper)
Offered corrosive liquid, n.o.s. (containing sodium hydroxide), 8, in non-UN standard packaging; offered a material marked, labeled, and documented as being hazardous when it was not; failed to mark proper orientation arrows on two opposing sides of the package; failed to provide employee training.
[173.22 (a)(2), 173.24 (c), 173.202 (a), 178.3, 172.202 (e), 172.303, 172.401 (a), 172.312 (a), 172.702 (b), 172.704 (a)]
Case No. 04-071-SB-EA
$4,500
PERFORM MANUFACTURING
(Shipper)
Offered flammable liquids, n.o.s. (containing methanol), in non-UN standard fiberboard combination packaging.
[173.22 (a)(2), 173.202 (b)]
Case No. 03-510-SB-SW
$5,390
PHOENIX FIRE PROTECTION SERVICE COMPANY
(Cylinder Retester)
After an equipment malfunction, repeated the hydrostatic pressure test at the same pressure, rather than at 10 percent or 100 psi higher (whichever is lower); failed to notify the owner in writing about cylinders that had been condemned.
[180.205 (g)(5), 180.205 (i)(2)]
Case No. 04- 248-CR-SW
$1,925
PRIVATE LABEL LABORATORIES, INC.
(Shipper)
Failed to register with RSPA; offered corrosive liquid, toxic, n.o.s. (containing hydrofluoric and sulfuric acids), accompanied by a shipping paper that included additional information interspersed within the basic shipping description; failed to create and retain records of employee training testing.
[107.601 (a)(6), 107.608 (a) and (b), 172.200 (a), 172.202 (b), 172.704 (d)]
Case No. 03-159-SBD-WE
$2,820
PRODUCERS CHEMICAL COMPANY
(Shipper)
Offered morpholine in a packaging suitable for PG II and III materials instead of a packaging designed for a PG I material; offered this material without affixing the required primary hazard warning label to the package; offered this material accompanied by a shipping paper with an incorrect packing group.
[173.22 (a)(2), 173.24 (c), 173.201, 172.400 (a)(1), 172.402 (a)(1), 172.202 (a)(4)]
Case No. 03-132-SD-CE
$5,000
PROFESSIONAL FIRE EXTINGUISHER SERVICES, INC.
(Cylinder Retester)
Failed to demonstrate that the pressure-indicating device on the test equipment was (1) accurate at any point within 500 psi of actual test pressure for test pressures at or above 3,000 psi, or (2) accurate to within one percent of the test pressure of cylinders tested that day; failed to provide recurrent employee training, or create and retain records of training testing; failed to maintain complete and accurate records of cylinder re-qualification; failed to maintain current copies of applicable DOT exemptions and CGA pamphlets at its facility; failed to properly condemn cylinders.
[180.205 (g)(3)(i) and (4), 172.702 (b), 172.704 (c)(2) and (d), 180.215 (b), 180.215 (a)(5) and (6), 180.205 (i)(2)]
Case No. 04-209- CR-SW
$3,200
RCB COATINGS, INC.
(Shipper)
Offered paint, 3, in unauthorized, non-UN standard packaging; failed to mark the packaging with the proper shipping name and UN identification number.
[173.22 (a)(2), 173.201, 172.301 (a)]
Case No. 04-270- SD-SO
$4,800
RESEARCH PRODUCTS, INC. OF ALABAMA
(Shipper)
Offered paint-related material, 3, in unauthorized, non- UN-standard packaging; offered sulfuric acid in bulk packaging marked as meeting the UN31HH1/Y standard without testing for leak-proofness five years after manufacture; failed to close a drum in accordance with the manufacturer’s closure notification; failed to provide general awareness and function-specific employee training.
[173.22 (a)(2), 173.173 (b), 173.28 (b), 173.22 (a)(4), 173.24 (f)(2), 178.601 (b), 172.702 (b), 172.704 (a)(1) and (2)]
Case No. 04-255-SD-SO
$5,000
SAFETY TECH PROTECTION SYSTEMS, INC.
(Cylinder Retester)
Failed to demonstrate the accuracy of the pressureindicating device on the test equipment to within 500 psi of actual test pressure for pressures at or above 3,000 psi; failed to provide employee training, or create and retain records of training testing.
[173.34 (e)(4)(iii), 172.702 (b), 172.704 (a)]
Case No. 03-131-CRS-CE
$3,000
SEAMCO LABORATORIES, INC.
(Shipper)
Offered polyamines, liquid, corrosive, n.o.s., and xylene in unauthorized, non-UN standard, non-bulk packaging; offered paint, 3, accompanied by a shipping paper that listed an incorrect packing group; failed to provide recurrent employee training, or create and retain records of training testing.
[173.22 (a)(2), 173.202 (a), 172.202 (a)(4), 172.702 (b), 172.704 (c)(2) and (d)]
Case No. 03-525-SBD-SW
$9,270
SEMI-BULK SYSTEMS, INC.
(Intermediate Bulk Container Manufacturer)
Manufactured, marked, certified, and sold intermediate bulk containers as meeting a UN standard and the requirements of a DOT exemption, when the required periodic retesting had not been conducted; offered hazardous materials accompanied by a shipping paper that (1) listed a basic shipping description that failed to include a proper shipping name, a proper UN identification number, and a proper packing group, (2) included an unsigned shippper’s certification, and (3) listed an unauthorized emergency response telephone number; failed to provide employee training, or create and retain records of training testing.
[178.2 (a)(2), (b), and (d), 178.801 (e), DOT-E 10501, 172.202 (a)(1), (3) and (4), 172.204 (d), 172.604 (b), 172.702 (b), 172.704 (a) and (d)]
Case No. 03-404-IBCM-CE
$5,400
CHARLES SHAHEEN
DBA TORNADO PRODUCTS COMPANY
(Shipper)
Offered two different corrosive liquids in (1) non-UNstandard open-head five gallon plastic pails, (2) non-UNstandard combination packaging, and (3) reused 55- gallon plastic drums marked as meeting the UN1H1 standard that had not been tested for leak-proofness; offered these materials (1) in boxes, pails, and drums that were not marked with the proper shipping name, (2) in boxes and pails on which were affixed hazard warning labels that were too small and had a yellow background in the top half instead of white, and (3) in boxes marked with orientation arrows that did not meet the required design and format; offered these materials accompanied by shipping papers that did not properly describe the materials, included an unsigned shipper’s certification, and did not include emergency response information, including an emergency telephone number.
[173.22 (a)(2), 173.28 (b)(2)(i) and (ii), 173.202, 172.301 (a), 172.312 (a)(2), 172.407 (c) and (d)(1), 172.442 (b), 173.22 (a)(1), 172.200 (a), 172.201 (d), 172.204 (d), 172.604 (a), 173.22 (a)(1)]
Case No. 01-634- SDPB-EA
$7,700
SMITH’S NDT SERVICES, INC.
(Shipper)
Offered and transported radioactive material, spec form, n.o.s., while failing to use the required protective overpack, thereby creating an unauthorized packaging; offered this material without holding a valid U.S. Nuclear Regulatory Commission approval certificate; failed to provide employee training, or create and retain records of training testing; offered this material without preparing a correct hazardous material shipping paper.
[173.416 (a), 173.471 (a), 172.702 (b), 172.704 (a) and (d), 172.200 (a), 172.202 (a)-(c), 172.203 (d)(4) and (8), 172.602, 172.604 (a) and (b), 173.22 (a)(1)]
Case No. 02- 019-RMS-HQ
$12,050
SOUTHCORP PACKAGING USA, INC.
(Plastic Drum Manufacturer)
Manufactured, marked, certified, and sold plastic drums as meeting the UN1H2/Y1.5/30 standard, when the drums were not capable of passing the drop test.
[178.601 (b), 178.603]
Case No. 03-133-DM-CE
$6,000
SOUTHCORP PACKAGING USA, INC.
(Fiberboard Box Manufacturer)
Manufactured, marked, certified, and sold combination packaging as meeting the UN4G/Y32.7/S standard, when the packaging was not capable of passing the drop and water resistance tests.
[178.601 (b), 178.603, 178.516 (b)(1)]
Case No. 03-134-BM-CE
$6,000
SPECIALITY INK COMPANY, INC.
(Fiberboard Box Manufacturer/Shipper)
Represented, marked, and certified combination packaging as meeting a UN standard, and offering hazardous materials in the packaging, when it had failed to conduct periodic retesting or submit the packaging for periodic retesting.
[173.22 (a)(2), 173.203 (a), 178.2 (a), 178.601 (e)]
Case No. 03-623-BMS-EA
$4,000
SWIFT CHEMICAL COMPANY, INC.
(Shipper)
Offered hypochlorite solution, 8, in reused 55-gallon drums that had not been subjected to required internal air pressure testing; failed to close these drums in accordance with the manufacturer’s closure notification; offered various hazardous materials accompanied by shipping papers that (1) did not include a correct proper shipping name, (2) did not include a packing group, (3) included additional information prior to the basic shipping description, and (4) either did not include an emergency response telephone number or included an unauthorized number; failed to mark packing containing hydrogen peroxide, aqueous solutions, 5.1 (8), with the UN identification number and the correct proper shipping name.
[173.22 (a)(2), 173.28 (b)(2), 173.203 (a), 173.22 (a)(4), 173.24 (f)(2), 172.201 (a)(4), 172.202 (a)(1) and (4), 172.604 (a) and (b), 172.301 (a)]
Case No. 03- 531-SD-SW
$11,405
TECH FIRE & SAFETY, INC.
(Cylinder Retester)
Failed to demonstrate the accuracy of the pressureindicating device on the test equipment to within 500 psi of the actual test pressure of cylinders tested that day; failed to maintain complete records of cylinder requalification; allowed testing to be performed by an unauthorized retester.
[173.34 (e)(4)(iii); 173.34 (e)(8)(ii)(B), 173.34 (e)(2)(i)]
Case No. 00-400- CR-EA
$10,700
TIME AVIATION SERVICE, INC.
(Shipper)
Offered cartridge, power device, in an unauthorized packaging.
[173.60, 173.62]
Case No. 03-128-SE-CE
$5,040
TOUCHDOWN FREIGHT COMPANY
(Shipper)
Offered organic peroxide, type D, solid (containing DI 2 tert butyl peroxiyisopropyl), 5.2, without executing a shipping paper; failure to provide employee training, or create and retain records of training testing.
[172.200 (a), 172.201 (a), 172.702 (b), 172.704 (a) and (d)]
Case No. 02-182-SB-WE
$4,150
VANI CHEMICALS & INTERMEDIATES LIMITED
(Shipper)
Offered toxic solid, organic, n.o.s. (containing 1-phenyl- 3-pyrazolidone), 6.1, in unauthorized packaging; affixed a hazard warning label to the packaging that did not meet the size specification; failed to mark the packaging with the proper shipping name.
[172.12 (b), 173.22 (a)(2), 173.213 (a) and (b), 178.503, 172.407 (c)(1), IMDG Code – 5.2.2.2.1.1, 173.301 (a), IMDG Code – 5.2.1.1]
Case No. 04-078-FSFD-EA
$3,300
WELDERS EQUIPMENT, INC.
(Cylinder Retester)
Failed to condemning cylinders marked as meeting a DOT exemption with permanent expansion that exceeded the expansion percentage permitted in the exemption; failed to register with RSPA; offered hazardous materials accompanied by a shipping paper that listed an unauthorized emergency response telephone number.
[173.34 (e)(6)(i)(F)/180.205 (i)(1)(vii), 107.601 (a)(6), 107.608 (b), 172.604 (b)]
Case No. 03-240- CR-SW
$9,000
WNV SALES, INC.
(Shipper)
Offered lighters, cigarette (containing flammable gas), that not been examined and approved, and, therefore, were unauthorized; failed to provide employee training, or create and retain records of training testing; failed to register with RSPA.
[173.23 (i), 172.702 (b), 172.704 (a) and (d), 107.601 (a)(6), 107.608 (a) and (b)]
Case No. 03-256-SB-SO
$5,000
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