A-1 ENTERPRISES, INC.
(Cylinder Retester)
Represent, marked and certified cylinders as successfully retested without holding a retester's identification number; failed to confirm the accuracy of its hydrostatic retesting equipment; failed to create and retain records of employee training testing.
[173.34(e)(2)(i), 173.34(e)(4)(iii), 173.34(e)(4)(iv), 172.704(d)]
Case No. 98-203-CR-SW
$4,000
AAA HYDRO TESTING
(Cylinder Retester)
Failed to verify the accuracy of the retest equipment to within one percent of the calibrated cylinder's pressure and corresponding expansion values; failed to maintain accurate records of reinspection and retest.
[173.34(e)(4)(iv), 173.34(e)(8)]
Case No. 00-253-CR-SO
$1,000
ABCO DEALERS, INC.
(Shipper)
Offered isopropanol in unauthorized, non-UN standard packaging; offered it accompanied by a shipping paper that listed an incorrect shipping name and did not list the required 24-hour emergency response telephone number.
[173.22(a)(2), 173.202(a), 172.202, 172.604]
Case No. 98-279-SB-SO
$5,635
ADVANCED CHEMICALS, INC.
(Shipper)
Offered self-heating substances, solid, in non-specification packaging; offered it accompanied by a shipping paper that did not describe the material; failed to mark the packaging with the technical name of the material.
[173.213(a), 172.202(a), 172.301(b)]
Case No. 94-134-SD-EA
$7,000
ADVANCED COILED TUBING, INC.
(Shipper)
Offered nitrogen, refrigerated liquid, by vessel in unauthorized, non-specification portable tanks; offered it accompanied by a shipping paper that contained an unauthorized emergency response telephone number.
[173.318, 176.76(g)(1), 172.604(b)]
Case No. 99-205-SPT-SW
$4,000
THE AERO ALL GAS COMPANY
(Cylinder Retester)
Failed to demonstrate the accuracy of the retest equipment at a pressure within 500 psi of the test pressure; failed to have a pressure-indicating device capable of permitting readings of 110% of the minimum prescribed test pressure; failed to remark exemption aluminum cylinders as DOT 3AL.
[173.34(e)(4)(iii)(A), 173.34(e)(4)(iii)(A), 173.23(c)]
Case No. 99-362-CR-EA
$2,600
AEROSPHERES, INC.
(Fiber Box Manufacturer/Shipper)
Represented, certified, and offered hazardous materials in fiberboard boxes marked as meeting the UN 4G standard, when design qualification tests of the boxes had not been conducted.
[178.601(d)]
Case No. 98-087-BMS-EA
$7,350
AGUADA CYLINDER
(Cylinder Rebuilder)
Rebuilt DOT 4 cylinders without authorization.
[173.34(l)]
Case No. 93-74-CRR-HQ
$763
AHS HOSPITAL CORPORATION
(Shipper)
Offering regulated medical waste in inner packages did not conform to requirements of a DOT exemption.
[173.197(a), DOT-E 10818Paragraph 7(b)]
Case No. 99-084-SBG-EA
$8,600
AIR LIQUIDE AMERICA, INC.
(Cylinder Retester)
Failed to condemn cylinders with permanent expansion exceeding ten percent of total expansion; failed to provide employee training, or create and retain records of training testing; offered hazardous materials accompanied by a shipping paper that did not include a proper shipping description or a 24-hour emergency response telephone number; marked cylinders with a plus mark without calculating the average or maximum wall stress; after equipment malfunction, repeated the retest at the same pressure, rather than 10% or 100 psi higher, whichever is lower; offered oxygen without conducting the required daily pressure verification or keeping records thereof.
[173.34(e)(6)(i)(D), 173.34(e)(4), 172.702(b), 172.704(a) and (d), 172.202(a)(1), 172.202(a)(3), 172.604(a), 173.302(c), 173.34(e)(3), 173.302(e)]
Case No. 97-074-CR-SW
$28,050
ALBRIGHT & WILSON AMERICAS, INC.
(Shipper)
Offered combustible liquid n.o.s. (contains ethanol) in a DOT 57 portable tank for which the prescribed retest or reinspection was not performed.
[173.32(e)(1)(ii)]
Case No. 98-127-SPT-CE
$8,000
ALCATEL NA CABLE SYSTEMS, INC.
(Shipper)
Offered phosphorous oxychloride, PIH Zone B, in packages certified to the PG II level instead of the PG I level, thus rendering them unauthorized; offered it accompanied by a shipping paper which did not list "Zone B"and listed the basic shipping description in the wrong order.
[173.227, 173.29(a), 172.203(m)(3), 172.202(b)]
Case No. 99-326-SWB-EA
$5,635
ALCHEMCO, INC.
(Shipper)
Offered as a consumer commodity aerosols, flammable (contains methylene chloride and hexane), in aerosol cans expelled by a liquified gas, when each can was not tested in a water bath, as required; failed to provide employee training, or create and retain records of training testing.
[173.306(a)(3)(v), 172.702(b),172.704(a) and (d)]
Case No. 99-153-SC-WE
$4,500
ALLFLEX HAZARDOUS MATERIAL PACKAGING, INC.
(Fiber Box Manufacturer)
Manufactured, marked, certified and sold combination packaging as meeting the requirements of the regulations, when the required drop testing was conducted at a lower gross mass than certified.
[178.601(d)]
Case No. 99-343-BM-EA
$1,500
ALLIED UNIVERSAL CORPORATION
(Plastic Drum Manufacturer/Shipper)
Represented, marked, certified, and offered one-gallon plastic drums as meeting the UN1H1 standard, when the required periodic tests were not performed; offered hydrochloric acid solution in unauthorized, non-UN standard packaging; failed to mark the correct year of manufacture on drums; offered fluorosilicic acid in 55 gallon drums that were not closed in accordance with the manufacturer's closure notification; offered sulfuric acid accompanied by a shipping paper that listed the basic shipping description in the wrong sequence.
[178.601(e), 178.601(l), 173.22(a)(2), 173.202, 178.503(a)(6), 173.22(a)(2), 173.24(b), 173.24(f)(2), 172.202(b)]
Case No. 99-252-SPDM-SO
$9,280
ALLIED UNIVERSAL CORPORATION
(Cylinder Retester)
Failed to confirm that the pressure-indicating device was accurate to within one percent of test pressure of the cylinders being tested and when the calibrated cylinder showed permanent expansion; failed to mark its retester's identification number on cylinders in a legible manner; failed to create and retain records of employee training testing.
[173.34(e)(4)(iii)(A), 173.34(e)(4)(iv), 173.34(c), 172.704(d)]
Case No. 99-278-CR-SO
$6,430
AMATO INDUSTRIES, INC.
(Shipper)
Failed to create and retain records of employee training testing.
[172.704(d)]
Case No. 98-063-SIBC-EA
$250
AMBAR, INC.
D/B/A AMBAR PRODUCTION SERVICES
(Shipper)
Offered nitrogen, refrigerated liquid, under the terms of a DOT exemption without maintaining a record of the pressure and ambient temperature at the start of every trip, every 24 hours, before and after manual venting, and at the destination, and without determining the actual holding time after each shipment; offered it accompanied by a shipping paper that did not list the proper shipping name, hazard class, or exemption number; failed to provide function-specific employee training, or create and retain records of training testing.
[DOT-E 11186 -- Paragraphs 7.c.(3) and 10.b.(2), 172.202(a), 172.203(a), 172.702(b),172.704(a) and (d)]
Case No. 99-005-SIT-HQ
$3,680
AMERICAN 3CI
(Fiber Box Manufacturer/Shipper)
Represented, certified, and offered a packaging intended to be used for the transportation of medical waste when the packaging had been changed from the original UN-tested standard, thus creating an unauthorized packaging.
[173.134(b)(4)(ii), 173.197, 178.601(d)]
Case No. 99-216-BM-SW
$6,814
AMERICAN FORMULA, INC.
(Shipper)
Offered compound, cleaning, liquid (contains potassium hydroxide) in non-UN standard fiberboard boxes and in plastic bottles authorized for solids rather than liquids; failed to provide recurrent employee training years.
[173.22(a)(2), 173.202(a) and (b), 172.702(b), 172.704(c)(2)]
Case No. 98-288-SB-SO
$7,900
APPLIED COMPANIES
(Cylinder Manufacturer)
Manufactured, marked, certified, and sold cylinders as meeting the DOT-3A specification when the hydrostatic test apparatus was not equipped with a pressure gauge that capable of being read to an accuracy of within one percent; failed to provide employee training.
[178.36-14(a), 172.702(b), 172.704(a)]
Case No. 95-161-CM-HQ
$3,920
APPSERVE, INC.
(Cylinder Retester)
Failed to condemn a DOT exemption cylinder for which the service life that had exceeded the 15-year maximum; performed hydrostatic retesting with equipment having a pressure gauge not able to be read to an accuracy of one percent of test pressure; failed to create and retain records of employee training testing; failed to maintain current copies of DOT exemptions and CGA pamphlets at its retest facility.
[173.34(e)(6)(F), DOT-E 7277 -- Paragraph 8, 173.34(e)(4)(iv), 172.704(d), 173.34(e)(2)(v)(B), 173.34(e)(2)(v)(C)]
Case No. 99-267-CR-SO
$6,800
AQUA EZ, INC.
D/B/A ASSOCIATED LEISURE PRODUCTS, INC.
(Shipper)
Offered trichloroisocyanuric acid, dry, 5.1, in an unauthorized, non-UN standard packaging; failed to provide employee training, or create and retain records of employee training testing.
[173.22(a)(2), 173.212(b), 172.702(b), 172.704(a) and (d)]
Case No. 99-257-SB-SO
$5,950
ARGUS SECURITY SYSTEMS, INC.
(Cylinder Retester)
Failed to verify, on each day retesting was done, that the equipment was accurate to within one percent of the calibrated cylinder's test pressure; failed to maintain accurate records of reinspection and retest; failed to marked DOT 3HT cylinders with low-stress steel stamps.
[173.34(e)(4)(iv), 173.34(e)(8)(iii), 173.34(e)(15)(iii)]
Case No. 00-208-CR-SW
$5,000
ARJAY TECHNOLOGIES, INC.
(Shipper)
Offered resin solution in unauthorized non-UN standard packaging; offered resin solution in 55-gallon drums marked as meeting the UN1A2 standard that were not closed in accordance with the manufacturer's closure notification, thereby voiding the UN certification; failed to create and retain records of employee training testing.
[173.22(a)(2), 173.173(b), 173.203, 173.22(a)(4), 173.24(b), 178.601(b), 172.704(d)]
Case No. 99-281-SP-SO
$6,400
ASSOCIATED COURIERS, INC.
(Carrier/Exemption Holder)
Transported radioactive materials without blocking and bracing the packages; failed to calibrate radioactive survey meters annually as required under a DOT exemption; railed to ensure that a radioactive safety program was being administered to each person handling the packages; failed to provide employee training; affixed packages with inaccurate hazard warning labels; offered radioactive materials accompanied by shipping papers that did not contain a shipper's certification and did not list a hazard warning label category.
[177.842(d), DOT-E 8308Paragraph (8)(e), DOT-E 8308Paragraph (7)(c), 172.702(b), 172.704(a), DOT-E 8308Paragraph (7)(d), 172.403(g)(1)-(3), 173.444, 172.204, 177.817(b), 172.203(d)(5)]
Case No. 96-53-RMX-HQ
$9,800
AUSTENAL, INC.
(Shipper)
Offered flammable liquid n.o.s. (ethyl alchohol) in a packaging that was not properly closed and thus was an unathorized, non-UN standard packaging; offered two types of flammable liquid, n.o.s., accompanied by a shipping paper that failed to include the proper UN identification numbers and the technical name of two components of a mixture or solution.
[178.601(d), 178.601(l), 172.202(a)(3), 172.203(k)(2)]
Case No. 98-114-SB-CE
$5,850
AUTO-CHLOR SYSTEM, INC.
(Shipper)
Offered hypochlorite solution a DOT specification packaging that was no longer authorized to be used; offered it accompanied by a shipping paper that listed an incorrect packing group; failed to create and retain records of employee training testing.
[171.14(a)(2), 173.202, 172.202(a)(4), 172.704(d)]
Case No. 99-221-SB-SW
$3,975
AUTO-CHLOR SYSTEM, INC.
(Shipper)
Offered compounds, cleaning, liquid, in an unauthorized, non-UN standard packaging; failed to create and retain records of employee training testing.
[173.22(a)(2), 173.202, 172.704(d)]
Case No. 99-235-SB-SW
$4,990
B.D. CLASSIC ENTERPRISES, INC.
(Shipper)
Offered polyamines, corrosive, liquid, n.o.s., in unauthorized, non-UN standard packaging; failed to register with RSPA; offered polyamines, corrosive, liquid, n.o.s., accompanied by a shipping paper that did not list the proper technical name and packing group; failed to provide employee training, or create and retain records of training testing.
[173.22(a)(2), 173.202, 107.608, 107.612, 172.202(a)(4), 172.203(k), 172.702(b),172.704(a) and (d)]
Case No. 00-154-SP-WE
$8,100
BARTON SOLVENTS, INC.
(Shipper)
Offered acetone, 3, and dodecylbenzenesulfonic acid, 8, in unauthorized, non-UN standard packaging; offered dodecylbenzenesulfonic acid in 55-gallon plastic drums marked as meeting the UN1H1 standard, when they had not be closed in accordance with the manufacturer's closure notification, thereby voiding the UN certification.
[173.22(a)(2), 173.202, 171.2(f)(1), 173.202]
Case No. 00-202-SPD-SW
$8,100
BAYFRONT MEDICAL CENTER, INC.
(Shipper)
Offered regulated medical waste in plastic film bags not authorized for this material, and cultures and stocks of an infectious substance on sharps (glass dishes) in plastic containers not meeting the PG II performance standards, and in outer unauthorized packaging; offered it accompanied by shipping papers that failed to properly describe the material, and without providing emergency response information, a 24-hour emergency response telephone number, or a shipper's certification; failed to mark the proper shipping name and identification number on packaging.
[173.22(a)(2), 173.197(a), 173.134(b)(3) and (4), 172.202(a), 172.204(a), 172.600(c), 172.604(a), 172.301(a)]
Case No. 99-284-SBG-SO
$8,050
BECK INDUSTRIES, INC.
(Cylinder Retester)
Performed retesting with equipment having (1) a pressure-indicating device not verified to within an accuracy of one percent of the prescribed test pressure of any cylinder tested that day; and (2) an expansion-indicating device not verified to within one percent or 0.1 cubic centimeter, whichever is larger, of the total expansion of any cylinder tested.
[173.34(e)(4)(iii), 173.34(e)(8)(ii)]
Case No. 99-222-CR-SW
$2,325
BECTON DICKINSON & CO.
D/B/A BECTON DICKINSON BIOSCIENCE
(Fiber Box Manufacturer/Shipper)
Represented, marked, and certified four different types of combination packaging as meeting the regulations when design qualification testing was not properly conducted, and offered toxic solid, organic, n.o.s. (containing sodium selenite) in one packaging that was not authorized because the design qualification testing was not performed with the inner containers used; represented, marked, and certified two different types combination packaging as meeting the regulations when periodic testing was not conducted.
[173.22(a)(2), 173.212, 178.2(b), 178.601(d), 178.601(e)]
Case No. 00-366-BMS-EA
$10,000
BENBOW CHEMICAL PACKAGING
(Shipper)
Offered corrosive solids, n.o.s. in an unauthorized packaging.
[173.22(a)(2), 173.212]
Case No. 98-318-SD-EA
$4,600
BERENFIELD CONTAINERS, INC.
(Fiber Drum Manufacturer)
Manufactured, marked, certified, and sold fiber drums as meeting the UN1G/Y143/S and U N1G/Y71/S standards when the periodic retesting was not conducted as prescribed.
[178.2(b), 178.601(e)]
Case No. 99-344-DM-EA
$8,000
BESCO CHEMICAL CORPORATION
(Shipper)
Offered compound, cleaning, liquid, corrosive material, in unauthorized, non-specification, non-standard packaging.
[173.202]
Case No. 98-212-SB-SW
$5,250
BJ SERVICES COMPANY
D/B/A BJ COILTECH
(Shipper)
Offered nitrogen, refrigerated liquid, by vessel in unauthorized portable tanks (one marked "MC338" without meeting the specification, and others marked "DOT-E 12018" without meeting the requirements of 178.210-13(c)), and failed to maintain a record of pressure and ambient temperature at the start of transportation, every 24 hours, before and after manual venting, and at destination, and failed to determine the actual holding time after each shipment; failed to record the one-way travel time on the shipping papers; failed to include the "DOT-E"notation on the shipping papers; failed to provide function-specific employee training.
[172.101, DOT-E 12018Paragraphs 7.a.2.iii, 7.c.2.ii and iii, 7.c.4, 172.203(a), 172.702(b), 172.704(a)(2)]
Case No. 99-013-SIT-HQ
$6,100
MARY BLACK MEMORIAL HOSPITAL
(Shipper)
Offered regulated medical waste in unauthorized, non-UN standard packaging; failed to provide general awareness and function-specific employee training, or create and retain records of training testing.
[173.22(a)(2), 173.197, 173.134(b)(4)(ii), 172.702(b),172.704(a)(1) and (2), 172.704(d)]
Case No. 99-295-SB-SO
$5,286
BRANDYWINE HOSPITAL, INC.
(Shipper)
Offered regulated medical waste, purportedly under terms of a DOT exemption, without holding a copy of the exemption, and in inner packages not authorized by the exemption or the regulations; offered it accompanied by shipping papers that failed describe the material in the proper sequence and that listed an incorrect container type abbreviation.
[173.22(a)(2), 173.22a(b), 173.197(a), DOT-E 11686Paragraph 7.a.iv, 172.202(a) and (c), 172.203(a)]
Case No. 98-325-SBG-EA
$4,650
BROCKWAY STANDARD, INC.
(Steel Jerrican Manufacturer)
Manufactured, marked, certified, and sold one-quart steel F-style jerricans as meeting the UN3A1/Y1.8 standard when they failed the leakproofness and hydrostatic pressure tests.
[178.601(b), 178.604, 178.605]
Case No. 99-073-JM-EA
$3,334
BROCKWAY STANDARD, INC.
(Steel Jerrican Manufacturer)
Manufactured, marked, certified, and sold one-gallon steel F-style jerricans as meeting the UN3A1/Y1.8 standard when they failed the leakproofness test.
[178.601(b), 178.604]
Case No. 99-078-JM-EA
$3,333
BROCKWAY STANDARD, INC.
(Steel Drum Manufacturer)
Manufactured, marked, certified, and sold five-gallon open-head steel drums as meeting the UN1A2/Y2.1 standard when they failed the drop, leakproofness, and hydrostatic pressure tests.
[178.601(b), 178.603, 178.604, 178.605]
Case No. 99-082-DM-EA
$3,333
BRUCE FIRE & SAFETY EQUIPMENT
(Cylinder Retester)
Failed to confirm that the pressure-indicating device on the test apparatus was accurate to withing one percent of the test pressures of the cylinders tested that day; failed to provide employee training, or create and retain records of training testing; failed to maintain copies of exemptions for exemption cylinders retested.
[173.34(e)(4)(iii)(A), 172.702(b), 172.704(a) and (d), 173.34(e)(2)(v)(B)]
Case No. 00-265-CR-SO
$4,680
CAL-TEX PROTECTIVE COATINGS, INC.
(Shipper)
Offered corrosive liquid, basic, inorganic, n.o.s., (containing potassium hydroxide) in unauthorized, non standard packaging; offered flammable liquid, n.o.s., in 55-gallon plastic drums marked as meeting the UN1H1 standard without closing them in accordance with the manufacturer's closure notification, thereby voiding the UN certification; offered corrosive liquid, basic, inorganic, n.o.s., (containing potassium hydroxide) accompanied by a shipping paper that did not properly describe it as hazardous, and without emergency response information.
[173.202, 173.22(a)(4), 173.202, 178.601(b), 172.200(c), 172.600(c)]
Case No. 99-229-SBD-SW
$9,150
CAMDEN BAG AND PAPER COMPANY, INC.
(Shipper)
Failed to provide employee training; offered sodium hydroxide accompanied by a shipping paper did not contain the material' s technical name, a shipper's certification, and quantity being offered; failed to mark a packaging with the proper shipping name and identification number.
[172.702(b), 172.704(a), 172.202(c), 172.203(k), 172.301(a)]
Case No. 96-106-TRN-EA
$1,840
CANAL ENERGY & SERVICES, INC.
(Intermodal Tank Certifier)
Certified intermodal portable tanks as meeting the DOT IM-101 specification when the maximum allowable working pressure was less than allowed, design calculations were not performed in the manner required, the pressure relief device was set to function at an improper range, and was not properly located.
[178.270-4(b), 178.270-11(b)(i)]
Case No. 96-128-ITC-HQ
$5,750
CARDINAL HEALTH, INC.
(Shipper)
Offered phenol solutions, poison liquid, in unauthorized packaging that leaked during transportation; offered the material without providing a shipping paper or emergency response information; failed to mark the proper shipping name and identification number on packages; failed to affix hazard warning labels to a packages; failed to provide function-specification employee training, or create and retain records of training testing.
[173.22(a)(2), 173.24(b)(1), 173.24a(a)(3), 173.202, 172.200(a), 172.202, 172.600, 172.602, 172.604, 172.301(a), 172.400(a)(1), 172.702(b), 172.704(a)(2) and (d)]
Case No. 00-052-SB-EA
$14,120
CAROLINA SAFETY ASSOCIATES INC.
D/B/A GASTONIA FIRE & SAFETY
(Cylinder Retester)
Failed to condemn exemption cylinders with permanent expansion exceeding five percent of total expansion; after equipment malfunction, repeated the retest at the same pressure, rather than 10% or 100 psi higher, whichever is lower.
[DOT-E 10147Paragraph 7.b., DOT-E 7277Paragraph 8.f., 173.34(e)(4)(v)]
Case No. 97-112-CR-EA
$5,120
CARROLL COMPANY, INC.
(Shipper)
Offered corrosive solid, basic, inorganic, n.o.s. (containing sodium metasilicate) in unauthorized, non-UN standard packaging.
[173.22(a)(2), 173.213]
Case No. 00-226-SP-SW
$5,500
PAUL CARROLL WELDING SUPPLY, INC.
(Cylinder Retester)
Represented, marked, and certified DOT specification 106A500X multi-unit tank car tanks (ton tanks) as successfully retested when the tanks had not been subjected to an interior air pressure test; failed to maintain all the required information on the retest records for each tank tested.
[180.519(a), 180.519(b) and (b)(5), 180.519(d)]
Case No. 99-227-CR-SW
$3,600
PAUL CARROLL WELDING SUPPLY, INC.
(Cylinder Retester)
Performed retesting with equipment not verified to an accuracy within one percent of the calibrated cylinder's pressure and corresponding expansion values; failed to maintain all required information on records of reinspection and retest; failed to create and retain records of employee training testing.
[173.34(e)(4)(iv), 173.34(e)(8)(ii)(A), 172.704(d)]
Case No. 99-228-CR-SW
$3,120
CARTER CHEMICALS AND SERVICES, INC.
(Shipper)
Offered methanol and flammable liquid, n.o.s., in unauthorized non-standard packaging; offered flammable liquid, n.o.s., and xylene accompanied by shipping papers containing an improper shipping description and no shipper's certification; failed to provide recurrent function-specific employee training.
[173.22(a)(2), 173.202(b), 172.202(a)(3) and (4), 172.202(k)(2), 172.204(d), 172.702(b),172.704(c)(2)]
Case No. 97-193-SB-EA
$9,225
CATAWBA CHARLAB, INC.
(Shipper)
Offered compound cleaning liquid (containing sulfuric acid) in an intermediate bulk container marked as meeting a DOT exemption without conducting the required hydrostatic test; offered the same material in unauthorized, non-UN standard packaging; failed to mark packages with a proper shipping name and identification number; failed to list the proper shipping name on a shipping paper.
[173.32(e), 173.242(c), DOT E 9052Paragraph 7.h, 173.202(b), 172.301(a)(1) and (b), 172.202(a)(1)]
Case No. 98-262-SPT-SO
$10,000
CAVALIER CHEMICAL COMPANY, INC.
(Fiber Box Manufacturer/Shipper)
Offered corrosive solids in unauthorized packaging.
[173.22(a)(2), 173.212]
Case No. 00-083-BMS-EA
$5,600
CENTRAL CAN COMPANY
(Steel Drum Manufacturer)
Manufactured, marked, certified, and sold 1.5-gallon steel drums as meeting the UN1A1/X1.5/250 standard when the drums were not capable of pass the drop and hydrostatic pressure tests.
[178.601(b), 178.603(a), 178.605(a)]
Case No. 99-072-DM-EA
$7,550
CHAMPION TECHNOLOGIES, INC.
(Shipper)
Offered flammable liquid n.o .s., in a DOT 57 portable tank that was not authorized for this material because it was overdue for periodic retesting.
[173.32(e)(1) and (5)]
Case No. 00-228-SPT-SW
$3,780
CHARLOTTE STEEL DRUM CORPORATION
(Steel Drum Manufacturer)
Manufactured, marked, certified, and sold 55-gallon steel drums as meeting the UN1A2 standard when stacking tests were not properly conducted; manufactured, marked, certified and sold 55-gallon steel drums as meeting the UN1A2 standard when periodic tests were not properly documented; failed to create and retain records of employee training testing.
[178.606(c)(2)(i), 178.601(l), 172.704(d)]
Case No. 98-299-DM-SO
$2,625
CHEMICAL TECHNOLOGIES INCORPORATED
(Shipper)
Offered hazardous material in an unauthorized intermediate bulk container that was not authorized because it had not been inspected and retested in last 2.5 years.
[180.352(a) and (b)]
Case No. 00-267-SPT-SO
$4,200
CHEMCENTRAL CORPORATION
(Shipper)
Offered hazardous materials in 55-gallon drums that had not been closed in accordance with the manufacturer's closure notification (no torque measurement device used when tightening bolt rings); offered it accompanied by shipping papers that included additional unauthorized information within the basic shipping description.
[173.24(f)(1) and (2), 172.202(a)(1)]
Case No. 99-356-SD-EA
$3,000
CHEMICAL PACKAGING CORPORATION OF AMERICA, INC.
(Shipper)
Offered dichloromethane and corrosive liquid, acidic, inorganic, n.o.s. (containing hydrofluoric acid), in unauthorized, non-UN standard packaging; failed to mark the shipping name and identification number on a package; failed to label packages with hazard warning labels.
[173.24(c)(1), 173.203, 173.202, 172.301(a), 172.400(a)]
Case No. 98-351-SP-CE
$13,400
CHILDERS PRODUCTS COMPANY, INC.
(Shipper)
Offered coating solution, 3, for transportation in an unauthorized, non-UN standard packaging; offered it accompanied by a shipping paper that did not include a signed shipper's certification; failed to mark packages containing adhesives, 3, with the proper orientation markings.
[173.22(a)(2), 173.203(a), 172.204(a), 172.312(a)(2)]
Case No. 00-085-SD-EA
$4,000
CHRISTIANSON CHEMICAL, INC.
(Shipper)
Offered flammable liquids, corrosive, n.o.s. (containing isopropanol-quaternary ammonium salt) in unauthorized, non-UN standard packaging; failed to mark packages with the proper shipping name and identification number.
[173.22(a)(2), 173.203(a), 172.301(a)]
Case No. 00-213-SD-SW
$8,000
CHRONISTER' S FIRE PROTECTION SERVICES
(Cylinder Retester)
Certified and marked cylinders as successfully retested without actually performing any retesting; marked cylinders with an expired retester's identification number that was issued to another company; failed to maintain records of visual inspection; failed to remark aluminum exemption cylinders as DOT 3AL.
[173.34(e)(1)(ii), 173.34(c), 173.34(e)(1)(i), 173.34(e)(5), 173.23(c)]
Case No. 94-122-CR-EA
$3,780
CIRRUS ENTERPRISES LC.
(Fiber Box Manufacturer/Shipper)
Represented, marked, and certified fiberboard boxes as meeting a UN standard when they were not subjected to design qualification testing; offered a corrosive liquid in a previously used fiberboard box; failed to provide employee training, or create and retain records of training testing.
[178.601(b) and (d), 178.601(e) and (l), 173.28(b)(3), 172.702(b), 172.704(a) and (d)]
Case No. 99-168-BMS-WE
$14,240
CLARIANT CORPORATION
(Shipper)
Offered a hazardous material in an unauthorized packaging.
[173.213(a)]
Case No. 99-117-SD-CE
$3,100
CLARKSVILLE BLUE CORAL
(Shipper)
Offered hexane in unauthorized non-standard, non-specification packaging; failed to mark a proper shipping name on packaging; listed an incorrect packing group on the shipping paper; failed to provide employee training, or create and retain records of training testing.
[173.22(a)(2), 173.202(a), 172.301(a), 172.202(a)(4), 172.702(b), 172.704(a), 172.704(d)]
Case No. 98-253-SBP-SO
$6,840
CLEARON CORPORATION
(Shipper)
Offered trichloroisocyanuric acid, dry, in unauthorized non-UN standard packaging.
[173.22(a)(2), 173.212]
Case No. 00-370-SB-EA
$5,600
CLEVELAND STEEL CONTAINER CORPORATION
(Steel Drum Manufacturer)
Manufactured, marked, certified, and sold seven-gallon steel drums as meeting the UN1A1/Y1.6 standard when they were not capable of passing the drop test.
[178.2(b), 178.601(b), 178.603]
Case No. 99-074-DM-EA
$6,930
CLEVELAND STEEL CONTAINER CORPORATION
(Steel Drum Manufacturer)
Manufactured, marked, certified, and sold five-gallon open-head stell drums marked as meeting the UN1A2/Y2.0 standard when the drums were not capable of passing the drop test.
[178.601(b), 178.603(a), (e), and (f)]
Case No. 99-075-DM-EA
$1,730
CLEVELAND STEEL CONTAINER CORPORATION
(Steel Drum Manufacturer)
Manufactured, marked, certified, and sold five-gallon open-head steel drums as meeting the UN1A2/Y1.5 standard when the drums were not capable of passing the drop test.
[178.601(b), 178.603(a), (e), and (f)]
Case No. 99-077-DM-EA
$1,730
COLOR CONVERTING INDUSTRIES CO.
(Shipper)
Offered a hazardous material in a DOT 57 portable tank that had not been retested at the required intervals.
[173.32(e)(1)(ii)]
Case No. 00-115-SIBC-CE
$3,670
CONTINENTAL PRODUCTS OF TEXAS
(Shipper)
Offered corrosive liquid, n.o.s., (containing sodium hydroxide) in an intermed iate bulk container marked as meeting a UN standard that had not been retested as required; offered the material accompanied by a shipping paper without executing the shipper's certification.
[180.352(b)(1), 172.204(d)]
Case No. 00-235-SIBC-SW
$3,225
COONIE' S EXPLOSIVES, INC.
(Shipper)
Offered lighters, fuse, 1.4S, and failed to list on the shipping papers or mark on the outside of the package the proper explosive approval number; offered lighters, fuse, 1.4S, in an unauthorized, non-UN standard packaging.
[172.320(a), 173.62]
Case No. 99-009-SE-HQ
$4,000
CPC CHEMICAL PACKAGING CORPORATION
(Shipper)
Offered hazardous materals for transportation as consumer commodities, ORM D, in metal aerosol containers that had not been subjected to a hot water bath test (temperature of the bath and duration of the test must be such that the internal pressure reaches that which should be reached at 55 deg C or 131 F.).
[173.306(a)(3)(v)]
Case No. 99-299-SC-SO
$3,300
CRAMER PRODUCTS, INC.
(Shipper)
Offered, transported, and sold flammable liquid in a previously used plastic drum when it had not been subjected to a leakproofness test; failed to close the drum in accordance with the manufacturer's closure notification; failed to provide function-specific employee training.
[173.28(b)(2), 173.22(a)(4), 172.702(b), 172.704(a)(2)]
Case No. 99-220-SD-SW
$4,450
DANA CONTAINER, INC.
(Shipper)
Represented that an IM 101 intermodal portable tank met the requirements of the regulations, when the tank had not been visually inspected within the prior 2.5 years as required.
[173.32c(c)]
Case No. 00-007-SIT-HQ
$3,750
DAYTONA FIRE & SAFETY EQUIPMENT, INC.
(Cylinder Retester)
Performed hydrostatic retesting with equipment not accurate to within one percent.
[173.34(e)(4)(iii)(A)]
Case No. 98-276-CR-SO
$2,050
DEMOSHA CHEMICALS LIMITED
(Shipper)
Offered sodium hydrosulfite in unauthorized non-specification, non-UN standard packaging.
[173.212, 173.204(a)]
Case No. 97-149-FSD-SW
$3,000
DIAMOND CHEMICAL & SUPPLY CO., INC.
(Shipper)
Failed to provide employee training; offered hazardous materials without shipping papers and with shipping papers that did not list the proper shipping name or a 24 hour emergency response telephone number.
[172.702(a), 172.200(a), 172.201(a) and (d)]
Case No. 96-104-TRN-EA
$3,536
DREXEL CHEMICAL COMPANY
(Shipper)
Offered organochlorine pesticides, solid toxic, and environmentally hazardous substances, solid, n.o.s. (copper oxychloride, technical) in unauthorized, non-UN standard packaging.
[173.213]
Case No. 99-269-SD-SO
$2,025
DYNO NOBEL, INC.
(Shipper)
Offered explosives, 1.1A and 1.1D, that were not properly classed and thus not properly described on the shipping documents and not properly marked or labeled on the packages; offered them in the same packages when they were not permitted to be transported in the same packages or on same vehicle.
[172.202, 172.301, 172.320, 172.400, 173.22(a)(1), 173.61, 177.848]
Case No. 99-015-SE-HQ
$40,000
ECO-LABS, INC.
(Fiber Box Manufacturer)
Manufactured, marked, certified, and sold a fiberboard box as meeting the UN4G standard, while failing to perform UN design qualification tests following a design change to the fiberboard box.
[178.2(b), 178.601(b), 178.601(d) and (l)]
Case No. 00-264-BM-SO
$7,000
T. J. EGAN & COMPANY, INC.
(Carrier/Shipper)
Represented and marked outer packaging as meeting a DOT exemption when it could not contain a liquid quantity of 80 gallons with the doors open, and accepted and transported regulated medical waste in outer packaging not authorized because it could not contain a liquid quantity of 80 gallons with the doors open, and in some cases, the exemption was no longer in effect; offered regulated medical waste accompanied by a shipping paper that did not include the exemption number with the basic description; failed to provide function-specific employee training, or create and retain records of training testing; failed to provide an accurate notification regarding limitations on liquids in packaging for solids.
[173.134(b)(3), 173.197(a), DOT-E 10818Paragraph 7.a.v., 172.203(a), 177.817(a), 172.702(b), 172.704(a)(2) and (d), DOT-E 10818Paragraph 8.d.]
Case No. 99-070-EX-EA
$9,300
ELECTRICAL INSULATION SUPPLY, INC.
(Shipper)
Offered isopropanol in an unauthorized non-UN standard packaging; failed to create and retain records of employee training testing.
[173.22(a)(2), 173.202, 172.704(d)]
Case No. 99-292-SB-SO
$7,500
EMCO CHEMICAL DISTRIBUTORS, INC.
(Shipper)
Offered a hazardous material in an intermediate bulk container that had been tested to the applicable UN standard but had not been marked with the required UN marking.
[178.503 and 178.3]
Case No. 99-114-SIBC-CE
$2,700
ENMET CORPORATION
(Cylinder Manufacturer)
Manufactured, marked, certified, and sold cylinders as meeting the DOT-39 specification when filled to a pressure that exceeded the marked service and test pressure; failed to perform the required leakage test; failed to prepare a complete manufacturer's inspection report; failed to provide function-specific employee training.
[173.301(e), 178.65-2(c), 178.65-11(a)(1), 178.65-4(c)(5), 178.65-15(a), 172.702(b), 172.704(a)(2)]
Case No. 97-045-CM-HQ
$7,500
ENPAC CORPORATION
(Plastic Drum Manufacturer)
Manufactured, marked, certified, and sold plastic drums as meeting the UN1H2 standard when the drums were not capable of passing the drop and leakproofness tests.
[178.601(b), 178.603, 178.604]
Case No. 98-120-PDM-CE
$6,055
ENPAC CORPORATION
(Plastic Drum Manufacturer)
Manufactured, marked, certified, and sold plastic drums as meeting the UN1H2/X36 standard when the drums were not capable of passing the leakproofness test.
[178.601(b), 178.604]
Case No. 98-121-PDM-CE
$6,055
THE ENSIGN BICKFORD COMPANY, INC.
(Shipper)
Offered detonators, non-electric, in reused packaging certified as UN standard packaging, when in fact it was damaged to such an extent that the effectiveness of the packaging was reduced, thus rendering the packaging unauthorized; failed to mark packages with a complete proper shipping name.
[173.24(a), 173.28(a), 173.60(a), DOT-E 9606Paragraph 7, 172.301(a)(1), DOT-E 9606Paragraph 6]
Case No. 00-111-SB-CE
$8,000
ENVIRO-SAFE REFRIGERANTS, INC.
(Shipper)
Offered liquefied petroleum gas in an unauthorized packaging; offered it accompanied by a shipping paper containing an incorrect shipping name and identification number, and in packaging marked with an incorrect proper shipping name and UN identification number; failed to provide function-specific employee training, or create and retain records of training testing.
[173.304(a), 173.304(d)(3)(ii), 172.201(a)(1) and (4), 172.301(a), 172.702(b), 172.704(a)(2) and (d)]
Case No. 98-132-SC-CE
$6,800
EPR INDUSTRIES, INC.
(Shipper)
Offered ethanol in non-specification packaging; failed to properly mark the packaging.
[173.125(a)(6), 173.202(a), 172.301(a)]
Case No. 95-170-SB-CE
$3,765
ETOWAH CHEMICALS SALES & SERVICE
(Shipper)
Offered sodium hydroxide solid in an unauthorized, non-UN standard packaging; offered hydrofluoric acid solution in reused drums that were not leakproofness tested; offered corrosive solids n.o.s. (containing sodium metasilicate) in packages marked with an incorrect proper shipping name and identification number.
[173.22(a)(2), 173.212, 173.22(a)(2)(i), 173.28(b)(2), 172.301(a)]
Case No. 98-292-SD-SO
$9,600
EXXON CORPORATION
(Shipper)
Offered combustible liquid, n.o.s. (containing terpene hydrocarbons) in a portable tank marked as meeting the DOT 57 specification that had not been hydrostatically retested within the past 2.5 yrs; offered jet perforating guns in packages not marked with a proper shipping name and identification number, and not affixed with the required hazard class warning label.
[173.32(e)(ii), 172.301(a), 172.401(a)]
Case No. 99-021-SPT-HQ
$4,500
FIRE & SAFETY EQUIPMENT OF ROCKFORD, INC.
(Cylinder Retester)
Failed to verify that the pressure-indicating device on its test apparatus was accurate to within one percent of the test pressure of cylinders tested that day, and failed to verify that the equipment was accurate to within one percent of the calibrated cylinder's pressure and corresponding expansion values; represented and certified a cylinder as condemned when it was not rendered condemned as required; failed to provide recurrent employee training.
[173.34(e)(4)(iii), 173.34(e)(4)(iv), 173.34(e)(6)(ii), 172.702(b), 172.704(c)(2)]
Case No. 99-109-CR-CE
$4,500
FIRE ART CORPORATION
(Shipper)
Offered fireworks, 1.3G, in an unauthorized DOT specification outer packaging.
[173.62]
Case No. 00-166-SE-WE
$3,000
FIRE DEFENSE CENTERS, INC.
(Cylinder Retester)
Performed hydrostatic retesting with equipment not accurate to within one percent; failed to provide employee training, or create and retain records of training testing.
[173.34(e)(4)(iv), 172.702(b), 172.704(a), 172.704(d)]
Case No. 97-166-CR-SO
$3,000
JACK FLINT & SONS, INC.
D/B/A ENVIROCHEM, INC.
(Shipper)
Offered potassium hydroxide solution for transportation in an unauthorized packaging; failed to provide function-specific employee training, or create and retain records of employee training testing.
[173.22(a)(2), 173.202(a), 172.702(b), 172.704(a)(2) and (d)]
Case No. 99-265-SB-SO
$4,500
FLORIDA HOSPITAL-EAST ORLANDO
(Shipper)
Transported regulated medical waste in inner packages that were not authorized because they were not securely closed and leak-resistant, and they were less than 3 mils thick.
[DOT-E 10821, 173.197(a), 173.134(b)]
Case No. 99-263-EX-SO
$5,100
FLYNN DISTRIBUTING CO., INC.
(Shipper)
Offered compounds, cleaning, liquid, 8, in unauthorized, non-UN standard five-gallon drums and fiberboard boxes; failed to mark the proper shipping name, identification number, and technical name on a package; listed an incorrect identification number in the basic description on the shipping paper.
[173.22(a)(2), 173.24(c), 173.202(a), 172.301(a)(1), 172.301(b), 172.202(a)(3)]
Case No. 99-272-SP-SO
$9,090
FORT BEND SERVICES, INC.
(Shipper)
Offered corrosive liquid, n.o.s. (containing potassium hydroxide) in unauthorized packaging; offered corrosive liquid, n.o.s. (containing cyclohexylamine and morpholine) in UN1H1 drums not closed in accordance with the manufacturer's closure notification; failed to provide function-specification employee training; offered corrosive liquid, n.o.s. (containing hydrochloric acid) in drums marked as meeting the UN1H1 standard that were not retested and marked.
[173.22(a)(2), 173.24(c), 173.202(a), 173.22(a), 173.24(f)(2), 172.702(b), 172.704(a)(2), 173.28(b)(2)]
Case No. 99-204-SD-SW
$5,415
FORT RECOVERY INDUSTRIES, INC.
(Fiber Box Manufacturer)
Manufactured, marked, certified, and sold fiberboard boxes marked as meeting the UN4G/Y35.9/S standard when the stacking test had not been completed.
[178.2(b), 178.606(c)(2)]
Case No. 00-084-BM-EA
$3,840
FREEWAY WAREHOUSE CORPORATION
(Shipper)
Offered barium compound, n.o.s. (containing barium hydroxide monohydrate) in unauthorized non-UN standard non-bulk packaging.
[173.22(a)(2), 173.213]
Case No. 00-074-SBG-EA
$3,000
G.M. SPECIALTIES, INC.
(Shipper)
Offered corrosive liquid, n.o.s., and methyl ethyl ketone in unauthorized non-specification packaging; offered them accompanied by shipping papers containing erroneous information regarding the packing groups and with additional unauthorized information before the basic shipping description; listed a 24-hour emergency response telephone number on the shipping paper that was not monitored as required.
[173.22(a)(2), 173.202(a) and (b), 172.201(a)(4), 172.204(a)(4), 172.201(d), 172.604(a)]
Case No. 97-192-SB-EA
$5,000
GARDEN STATE FIRE & SAFETY SERVICE
(Cylinder Retester)
Certified and marked cylinders without conducting any testing; failed to maintain accurate records of reinspection and retesting; failed to remark aluminum exemption cylinders as DOT 3AL; performed retesting with equipment not accurate to within one percent; failed to have a current retester's identification number; failed to properly mark cylinders.
[173.34(e)(1), 173.34(e)(1)(ii), 173.34(e)(5), 173.23(c), 173.34(e)(3), 173.34(e)(1)(ii), 173.34(e)(6)]
Case No. 93-46-CR-EA
$15,870
GIVAUDAN ROURE FLAVORS CORPORATION
(Shipper)
Offered extracts, flavoring, liquid, 3, in an intermediate bulk container, a portable tank marked as meeting the DOT 57 specification, that had not been retested at the required intervals.
[180.352, 173.242(c), 173.242(d)]
Case No. 00-355-SIBC-EA
$4,620
GREIF BROS. CORPORATION
(Fiber Drum Manufacturer)
Manufactured, marked, certified, and sold fiberboard drums as meeting the UN1G/Y60 standard, when design qualification tests were not performed and complete records were not maintained; manufactured, marked, certified, and sold fiberboard drums as meeting the UN1G standard while failing to maintain complete /records of the periodic retests.
[178.601, 178.603, 178.604, 178.605, 178.606, 178.2(c)(1)(ii), 178.601(l)]
Case No. 98-560-DM-EA
$11,400
GREIF BROS. CORPORATION
(Fiber Box Manufacturer)
Manufactured, marked, certified, and sold fiberboard boxes as meeting a UN standard without performing periodic retesting.
[178.601(e)]
Case No. 99-236-BM-SW
$8,000
GREIF BROS. CORPORATION
(Steel Drum Manufacturer)
Manufactured, marked, certified, and sold steel drums as the UN1A2/Y1.2/200 standard, when designs for each drum had not been subjected to design qualification testing; manufactured, marked, certified, and sold steel drums as meeting the UN1A2/X4 30/S standard when periodic testing was not conducted.
[178.601(d), 178.603(a), 178.604(a), 178.605(a), 178.606(a), 178.601(e), 178.603(a), 178.604(a), 178.605(a), 178.606(a)]
Case No. 98-304-DM-EA
$16,050
GRUPO ZAPATA
(Steel Drum Manufacturer)
Manufactured, marked, certified, and sold steel drums as meeting the UN1A1 standard when the drums were not capable of passing the drop test.
[178.603]
Case No. 99-215-FDM-SW
$7,300
H & H SERVICE, INC.
(Cylinder Retester)
Failed to demonstrate the accuracy of the test apparatus within 500 psi of the actual test pressure at pressures of 3000 psi or above; failed to include on the written records required calibration information and required information for cylinders retested or visually inspected; failed to provide employee training; failed to mark over with Xs the specification marking and service pressure, or mark "CONDEMNED"on cylinders that were condemned; failed to maintain current copies of the regulations and CGA pamphlets at its retest facility.
[173.34(e)(4)(iii)(A), 173.34(e)(8)(ii)(A), 172.702(b), 172.704(a), 173.34(e)(6)(ii), 173.34(e)(2)(v)(A), 173.34(e)(2)(v)(C)]
Case No. 99-280-CR-SO
$3,600
HACKENSACK UNIVERSITY MEDICAL CENTER, INC.
(Shipper)
Offered regulated medical waste in inner packages that did not have film thicknesses of at least 3 mils, and therefore were unauthorized packages.
[173.22(a)(2), 173.134(b)(3), 173.197(a), DOT-E 10818Paragraph 7.b.]
Case No. 99-090-SBG-EA
$4,900
HARCROS CHEMICALS, INC.
(Shipper)
Offered combustible liquid, n.o.s. (containing ethylene glycol butyl ether), in a portable tank marked as meeting the DOT 57 specification, when it had not been retested within the prior 2.5 years.
[173.32(e)(1)(ii), 173.32(e)(5)]
Case No. 00-238-SPT-SW
$6,140
HATTON LTD., INC.
D/B/A SAVOL BLEACH COMPANY
(Shipper)
Offered hypochlorite solution, 8, in unauthorized packaging; offered it accompanied by shipping papers that did not list a packing group or a 24-hour emergency response telephone number, and that included an extra word in the basic shipping description; failed to properly mark packages and the transport vehicle; failed to properly placard the vehicle.
[173.22(a)(2), 173.22a(b), DOT-E 9515Paragraphs 7.a.i. and 8.a., 172.201(a)(4), 172.202(a)(4), 172.604(a), 172.302(a)(2), 172.332(a), 172.326(a) and (c), 172.514(b), 172.514(c)(1)]
Case No. 98-089-SIBC-EA
$5,033
HCI CHEMTECH DISTRIBUTION, INC.
(Shipper)
Offered hydrochloric acid in an intermediate bulk container marked as meeting the UN31H1 standard that had not been inspected and tested in the previous 2.5 years.
[180.352(b)]
Case No. 99-113-SIBC-CE
$4,600
HEALTH CARE WASTE SERVICES CORPORATION
(Carrier/Shipper)
Offered, accepted, and transported regulated medical waste in outer packaging marked in accordance with a DOT exemption, when the packaging was not capable of containing 300 liters of liquid with the doors open when in upright position; represented to offerors that liquid waste could be placed in bags within a lined box that did not meet the non-bulk packaging standard for PG I; failed to mark "DOT E"followed by the appropriate exemption number within the basic description on the shipping paper.
[173.22(a)(2), 173.24(c), 173.197(a), DOT-E 10833Paragraph 7.a.v., DOT-E 10833Paragraph 7.b.iii., 172.203(a)]
Case No. 99-071-EX-EA
$12,500
HOLCHEM, INC.
(Shipper)
Offered corrosive liquid, acidic, organic, n.o.s. (containing alkylbenzenesulfonic acid and sulfuric acid), in an intermediate bulk container marked as meeting the UN31HA1 standard without performing the reinspection and retest within 2.5 years of the previous test; failed to mark the shipping name and identification number on the packaging.
[180.352(a) and (b), 172.326(a) and (c)]
Case No. 98-162-SIBC-WE
$2,500
HOLY FAMILY MEDICAL CENTER, INC.
(Shipper)
Offered regulated medical waste in an unauthorized packaging; included on the shipping paper a 24-hour emergency response telephone number that was answered by a person not having immediate access to a person knowledgeable about the HM and having comprehensive emergency response information; failed to provide employee training, or create and retain records of training testing.
[173.22(a)(2), 173.197(a), 172.604(a)(2), 172.702(b), 172.704(a), 172.704(d)]
Case No. 99-106-SD-CE
$7,000
HUFF PAPER COMPANY, INC.
D/B/A UNITED PAPER COMPANY
(Shipper)
Offered compounds, cleaning, liquid (containing potassium hydroxide), in unauthorized, non-UN standard packaging; offered it accompanied by a shipping paper that did not list an emergency response telephone number; and that contained an incorrect basic shipping description.
[173.22(a)(2), 173.202, 172.604, 172.202(b)]
Case No. 99-378-SD-EA
$6,140
IBC MANUFACTURING COMPANY
(Shipper)
Offered toxic liquids, organic, n.o.s. (containing methylene bis thiocyanate) in a portable tank marked as meeting the DOT 57 specification that had not been retested for leakproofness in more than 2.5 yrs prior to reuse; offered toxic liquids, organic, n.o.s. (containing methylene bis thiocyanate) in 55-gallon drums that had not been closed in accordance with the manufacturer's closure notification, thus voiding the UN certification.
[173.32(e)(1)(ii), 173.22(a)(4), 173.24(f)(2), 178.2(b)(2), 178.601(b)]
Case No. 99-264-SPT-SO
$3,900
IMACC CORPORATION
(Steel Drum Manufacturer)
Manufactured, marked, certified, and sold steel drums when all drums were not capable of meeting the drop, leakproofness, and hydrostatic pressure test.
[178.601(a) and (b)]
Case No. 99-181-DM-WE
$6,500
INDUSTRIAL SAFETY AND SUPPLY CO., INC.
(Cylinder Retester)
Failed to retest cylinders at the minimum retest pressure.
[173.34(e), 173.34(e)(1)]
Case No. 99-372-CR-EA
$2,100
INLAND SEAS DIVING ACADEMY, INC.
(Cylinder Retester)
Performed hydrostatic testing with equipment not accurate to within one percent; failed to maintain accurate records of reinspection and retest; failed to prov ide employee training, or create and retain records of employee training testing.
[173.34(e)(4)(iv), 173.34(e)(8)(ii)(B), 172.702(b), 172.704(a) and (d)]
Case No. 98-116-CR-CE
$3,600
INTEGRATED PRODUCTS AND SERVICES, INC.
(Cylinder Retester)
Failed to condemn cylinders with permanent expansion exceeding 5% or 10% of total expansion; after equipment malfunction, repeated the retest at the same pressure, rather than 10% or 100 psi higher, whichever is lower; marked cylinders with a "plus"mark without determining average or maximum wall stress; failed to remark aluminum exemption cylinders as DOT 3AL; failed to provide function-specific employee training.
[173.34(e)(4), DOT-E 8059Paragraph 8.e., 173.34(e)(3), 173.302(c)(5), 173.23(c), 172.702(b), 172.704(a)(2)]
Case No. 97-060-CR-EA
$7,680
INTERCOLOR INK CORPORATION
(Shipper)
Offered ink in non-standard, non-specification plastic pails.
[173.119, 173.144, 173.173]
Case No. 96-215-SP-WE
$4,900
INTERNATIONA L SPECIALTY PRODUCTS
D/B/A ISP GLOBAL TECHNOLOGIES
(Shipper)
Offered a corrosive solid in an unauthorized packaging.
[173.22(a)(2), 173.203(a) and (c)]
Case No. 00-073-SD-EA
$4,000
INTERSTATE WELDING SALES CORPORATION
(Cylinder Retester)
Failed to demonstrate that its retest equipment was properly calibrated; condemned cylinders without stamping a series of Xs over DOT specification and serial numb, or stamping "CONDEMNED"on the shoulder, top head, or neck of the cylinder, or with the owner's permission rendering the cylinder incapable of holding pressure; failed to maintain accurate records of reinspection and retest; failed to have a current copy of the regulations at its retest facility.
[173.34(e)(4)(iv), 173.34(e)(6)(ii), 173.34(e)(8)(ii), 173.34(e)(2)(v)(A)]
Case No. 99-122-CR-CE
$3,490
IPS CORPORATION
(Shipper)
Offered adhesives in an unauthorized, non-UN standard packaging.
[173.22(a)(2), 173.173(b)]
Case No. 99-160-SB-WE
$4,900
J.G. CORPORATION
D/B/A CHEM LAB SUPPLIES
(Shipper)
Offered sodium hydroxide, solid, in an unauthorized, non-UN standard fiberboard box marked as meeting the UN4G standard.
[173.22(a)(2), 173.212]
Case No. 98-157-SB-WE
$3,500
JANCYN MANUFACTURING CORPORATION
(Shipper)
Offered sodium hydroxide solution in unauthorized, non-UN standard combination packaging; failed to provide employee training, or create and retain records of employee training testing.
[173.22(a)(2), 173.202, 172.702(b), 172.704(a) and (d)]
Case No. 98-287-SB-SO
$5,000
N. JONAS & CO., INC.
(Shipper)
Offered oxidizers in an unauthorized, non-specification packaging; failed to mark the packages with a proper shipping name; failed to properly label the package.
[173.217(a)(7), 173.212(a), 172.301(a), 172.402(a)(1)]
Case No. 95-214-SP-CE
$8,700
WILLIAM JONES & SON, INC.
(Drum Reconditioner)
Represented, marked, certified, and sold closed-head steel drums as meeting the UN1A1 standard when design qualification testing was not performed.
[173.28(d), 178.2(b), 178.601(d)]
Case No. 00-072-DR-EA
$5,280
JOSAN CORPORATION
D/B/A SUNBELT LABORATORIES
(Shipper)
Offered poisonous liquid in unauthorized non-specification packaging; failed to mark packages with the proper shipping name and identification number; failed to properly label the packages; offered it accompanied by a shipping paper that did not include a signed shipper's certification.
[173.346(a), 173.202, 172.301(a), 172.304(a), 172.401(a)(2), 172.407(c), 172.204(d)]
Case No. 96-33-SP-SW
$6,587
K & B KLEEN OUT INDUSTRIES, INC.
(Shipper)
Failed to register with RSPA; failed to provide employee training; offered hazardous materials accompanied by shipping papers that failed to include a 24-hour emergency response phone number; and that included additional unauthorized information within the basic shipping description of the material.
[107.608, 172.702(b), 172.704(a), 172.604(a)(3), 172.201(a)(4)]
Case No. 95-281-TREG-WE
$1,750
K & J SUPPLIES, INC.
(Shipper)
Offered calcium hypochlorite, hydrated, 5.1, in non-specification, non-standard packaging; offered it accompanied by a shipping paper that failed to describe the material as required; listed a 24-hour emergency response telephone number on the shipping paper of an entity that had not accepted responsibility for providing the required information.
[173.217(a), 173.212, 172.201, 172.202, 172.604(b)]
Case No. 97-227-SP-SW
$5,995
K-O-K PRODUCTS, INC.
D/B/A SANAMAX PRODUCTS
(Shipper)
Offered compounds, cleaning, liquid (containing potassium hydroxide), in unauthorized non-UN standard packaging; offered it accompanied by a shipping paper that failed to include the information required by the regulations.
[173.22(a)(2), 173.202(a), 172.201(a)(4), 172.202(a)(2)-(5), 172.203(d)]
Case No. 99-370-SD-EA
$7,500
DONALD B. KELLY, INC.
(Drum Reconditioner)
Represented, marked, and sold reconditioned closed-head steel drums as meeting the UN1A1/Y1.8/300 standard, when design qualification testing had not been performed on one drum originally certified to 250 kPa and on another drum that had never been certified as meeting the UN performance standards.
[173.28(d), 178.2(b), 178.601(d)]
Case No. 99-329-DR-EA
$7,200
LENSCO PRODUCTS, INC.
(Shipper)
Offered flammable liquid in unauthorized packaging.
[173.22(a)(4), 173.202(a)]
Case No. 96-41-SB-EA
$4,200
LOWER BUCKS HOSPITAL
(Shipper)
Offered regulated medical waste, purportedly under the terms of a DOT exemption, without holding a copy of the exemption and in inner packages not authorized by the exemption or the regulations; offered it accompanied by a shipping paper with no hazard class or packing group, no "DOT-E"notation, and the wrong packaging abbreviation; failed to provide function-specific employee training.
[173.22(a)(2), 173.22a(b), 173.197(a), DOT-E 11686Paragraph 7.a.iv., 172.202(a)(2) and (4), 172.202(c), 172.203(a), 172.702(b), 172.704(a)]
Case No. 98-317-SBG-EA
$6,150
M& M INDUSTRIES, INC.
(Plastic Drum Manufacturer)
Manufactured, marked, certified, and sold five-gallon plastic drums as meeting a UN standard, when they were not capable of passing the required drop test.
[178.603 (a), 178.601(b)]
Case No. 99-319-PDM-EA
$4,500
MALTER INTERNATIONA L, INC.
(Shipper)
Offered hypochlorite solutions in unauthorized five-gallon drums, some of which were not marked as meeting a UN standard and others of which were reused and had not been inspected and retested; failed to mark a proper shipping name and identification number on packaging; failed to provide function-specific employee training, or create and retain records of training testing.
[173.203, 173.28(b)(2), 172.301(a), 172.702(b), 172.704(a)(2) and (d)]
Case No. 98-066-SPD-EA
$3,000
MASTERS CHEMICAL COMPANY, INC.
(Fiber Box Manufacturer/Shipper)
Represented, marked, and certified fiberboard boxes as meeting the UN4G standard, when the required design qualification tests were never conducted.
[178.2(b), 178.601(d), 178.603, 178.606]
Case No. 99-115-BMS-CE
$5,880
MEDICAL CHEMICAL CORPORATION
(Shipper)
Offered acetone, 3; ethanol, 3; and phenol solutions, 6.1, in non-specification, non-standard combination packaging; failed to provide employee training.
[173.202(b), 172.702(b), 172.704(a)]
Case No. 99-172-SB-WE
$6,900
METHODIST HEALTH CARE MEMPHIS HOSPITALS
(Shipper)
Offered regulated medical waste in packaging that did not contain the appropriate inner liner, thereby creating an unauthorized packaging; offered regulated medical waste accompanied by a shipping paper that did not include the UN identification number for the material.
[173.22(a)(2), 173.24(f), 173.134(b)(4)(ii), 173.197(a), 172.202(a)(3), 172.205(h)]
Case No. 99-296-SPD-SO
$4,550
METRO-CHEM, INC.
(Shipper)
Offered corrosive solid n.o.s. (containing sodium hydrogen fluoride and sodium fluorosilicate) in unauthorized fiber drums; offered it in packages that were incorrectly labeled; offered it accompanied by a shipping paper that was not properly prepared.
[173.22(a)(2), 173.212, 172.402(b), 172.201(c), 172.202(a)(5), 172.202(c), 173.22(a)(1)]
Case No. 99-341-SD-EA
$5,000
METROLINE INDUSTRIES, INC.
(Shipper)
Offered flammable and nonflammable gases without preparing a shipping paper; and without providing the motor carrier with the required placards; failed to provide employee training, or create and retain records of training testing.
[173.22(a)(1), 172.200(a), 172.506(a), 172.702(b), 172.704(a) and (d)]
Case No. 98-091-SC-EA
$12,048
MICHROME, INC.
D/B/A PYRAMID PLASTICS, INC.
(Fiber Box Manufacturer/Shipper)
Manufactured, marked, certified, sold, and offered fiberboard boxes as meeting the UN4G standard, when the packaging design was altered and new design qualification tests were not conducted; offered hazardous materials accompanied by shipping papers that included additional unauthorized information within the basic shipping description; and listed a 24-hour emergency response telephone number that was not monitored as required; failed to properly label packages; failed to provide function-specific employee training, or create and retain records of training testing.
[178.601(d), 178.603, 178.606, 172.201(a)(4), 172.604, 172.406(a)(1)(ii), 172.702(b), 172.704(a)(2) and (d)]
Case No. 98-097-BMS-EA
$6,790
MICRO FLO COMPANY
(Shipper)
Offered organophosphorus pesticides, solid, toxic, in unauthorized, non-UN standard packaging.
[173.22(a)(2), 173.212]
Case No. 99-232-SB-SW
$5,250
MIDLAND FUMIGANTS, INC.
(Shipper)
Offered organophosphorus pesticide, liquid, toxic, 6.1, in an intermediate bulk container marked as meeting a DOT exemption, when a Division 6.1, Packing Group I liquid was not authorized.
[173.35(j), 173.243(d)(2)(i), DOT-E 10172Paragraphs 2 and 6]
Case No. 98-295-SPT-SO
$6,000
MILLIPORE CORPORATION
(Fiber Box Manufacturer/Shipper)
Offered water-reactive solid, n.o.s. in fiberboard boxes marked as meeting the UN4G standard, when design qualification testing was not conducted as prescribed because the required weight was not used for the stacking test and the packaging was not conditioned prior to testing; failed to provide function-specific employee training.
[178.601(d), 178.602(d), 178.606(c), 172.702(b), 172.704(a)(2)]
Case No. 97-138-BMS-EA
$6,900
MILPORT ENTERPRISES, INC.
(Shipper)
Offered corrosive liquids, n.o.s. (containing sodium hydroxide), in unauthorized, non-UN standard packaging, by using different lids than specified in the design qualification test report.
[173.24(c)(1), 173.202(a)]
Case No. 98-147-SP-CE
$4,200
MIN-CHEM CANADA LTD.
(Shipper)
Offered sodium fluoride in an unauthorized, non-standard packaging; offered it in a package marked "PIN"instead of "UN"preceding the UN identification number; offered it accompanied by a shipping paper that listed "PIN"instead of "UN"preceding the UN identification number.
[171.12a(b)(13), 173.213, 171.12a(b)(6), 172.202(a)(3), 172.301(a)]
Case No. 98-131-SD-CE
$2,750
MIRAX CHEMICAL PRODUCTS CORPORATION
(Steel Drum Manufacturer)
Failed to conduct periodic drop and hydro testing on steel drums marked as meeting the UN1A2 standard; failed to mark drums with name and/or registered symbol of the manufacturer; failed to provide employee training.
[178.601(3), 178.603(a), 178.606(a), 178.503(a)(8), 172.702(b), 172.704(a)]
Case No. 94-151-DM-CE
$4,470
MISSION KLEENSWEEP PRODUCTS
D/B/A MISSION LABORATORIES
(Shipper)
Offered a hydrogendifluoride solution in an unauthorized packaging; failed to provide function-specific employee training; offered ammonium hydrogen difluoride in a packaging not marked with the required orientation markings.
[173.202(a), 173.245, 172.702(b), 172.704(a), 172.312(a)]
Case No. 97-135-SB-WE
$4,840
MONCO, INC.
D/B/A MIDWEST CYLINDER, INC.
(Cylinder Repairer/Rebuilder)
Certified and marked cylinders with an expired approval; failed to properly retest cylinders; retested cylinders at a pressure below the required minimum test pressure.
[173.34(i), 173.34(e), 173.34(e)]
Case No. 94-33-CRR-HQ
$10,500
H. S. MONTI, INC.
(Cylinder Retester)
Represented, marked, and certified DOT cylinders as successfully retested when they had not been retested; failed to retest cylinders at the proper pressure; performed retesting using a pressure-indicating device that was not demonstrated to be accurate within 500 psi of actual test pressure; failed to maintain a current copy of a DOT exemption at its facility.
[173.34(e)(1)(ii), 173.34(e)(4), 173.34(e), DOT-E 7235Paragraph 7.b., 173.34(e)(4)(iii)(A), 173.34(e)(2)(v)(B)]
Case No. 99-063-CR-EA
$4,000
JOHN MORRELL & CO.
D/B/A SARATOGA SPECIALTIES
(Shipper)
Offered potassium hydroxide solution in non-bulk packaging not secured to prevent movement within the vehicle, under conditions normally incident to transportation, and that were punctured and leaking; failed to mark the correct shipping and identification number on the outside of bulk packaging; failed to list the correct shipping name and identification number on the shipping paper; failed to register with RSPA; offered two corrosive liquids accompanied by a shipping paper listing additional unauthorized information within the basic shipping description.
[173.30, 177.834(a), 172.102(c)(12)(ii), 172.202(a)(1), 172.301(a), 107.608(a) and (b), 172.201(a)(4), 172.202(b)]
Case No. 00-091-SD-EA
$6,540
THE MOUNT SINAI HOSPITAL
(Shipper)
Offered regulated medical waste in inner packages that were not authorized by a DOT exemption or the regulations, and that were not securely closed and failed to contain their contents during transportation.
[173.197(a), 173.22(a)]
Case No. 99-332-SBG-EA
$8,575
NAIL ADVANTAGE, INC.
(Shipper)
Offered acetone in unauthorized, non-UN standard packaging; failed to affix a hazard warning label to a package; failed to mark a package with a shipping name and identification number; failed to properly execute a shipping paper; failed to provide employee training, or create and retain records of training testing.
[173.22(a)(2), 173.202(a), 172.400(a), 172.301(a), 172.200(a), 172.201(a), 172.702(b), 172.704(a) and (d)]
Case No. 98-298-SB-SO
$10,000
NATIONAL CHEMICAL LABORATORIES OF PA, INC.
(Shipper)
Offered corrosive liquids, n.o.s. (containing sodium hydroxide), in an unauthorized packaging; offered it accompanied by shipping papers that listed an incorrect packing group and included additional information before, instead of after, the basic shipping description.
[173.22(a)(2), 173.202(a), 172.201(a)(4), 172.202(a)(4)]
Case No. 99-308-SB-EA
$5,500
NCH CORPORATION
(Fiber Box Manufacturer)
Manufactured, marked, certified, and sold combination packaging as meeting the UN4G/Y34.9 standard, when the packaging was not capable of passing the required drop test.
[178.601(b), 178.603]
Case No. 00-218-BM-SW
$6,300
NCH CORPORATION
(Shipper)
Offered hazardous materials in drums marked as meeting a UN standard that had not been closed in accordance with the manufacturer's closure notification; offered carbon dioxide in aerosol cans without properly performing the hot water bath test to assure that the internal pressure reaches the correct pressure at 131 degrees F; failed to provide function-specific employee training, or create and retain records of training testing.
[173.24(f)(2), 173.306(a)(3)(v), 172.702(b), 172.704(a)(2) and (d)]
Case No. 00-216-SDC-SW
$3,600
NELSON WELDING SUPPLY CO., INC.
(Cylinder Retester)
Failed to hold a current retester's identification number; certified and marked cylinders as successfully retested without performing the retest.
[173.34(e)(1), 173.34(e)(1)(i), 173.34(e)(1)(ii)]
Case No. 96-248-CR-CE
$6,137
NEW YORK CITY HEALTH AND HOSPITALS CORPORATION
(Shipper)
Offered regulated medical waste in inner packages that were not authorized by a DOT exemption or the regulations, and that were not securely closed and failed to contain their contents during transportation.
[173.22(a)(2), 173.197(a), DOT-E 10833Paragraph 7.b.i.]
Case No. 99-330-SBG-EA
$7,000
NEW YORK CITY HEALTH AND HOSPITALS CORPORATION
D/B/A HARLEM HOSPITAL CENTER
(Shipper)
Offered regulated medical waste, purportedly under the terms of a DOT exemption, in inner packages not authorized by the exemption or the regulations, and that failed to contain their contents during transportation; failed to include the notation "DOT"on the shipping paper.
[173.22(a)(2), 173.197(a), DOT-E 10833Paragraph 7.b.i., 172.203(a)]
Case No. 99-092-SBG-EA
$7,640
NEW YORK CITY HEALTH AND HOSPITALS CORPORATION
D/B/A WOODHULL HOSPITAL & MEDICAL CENTER
(Shipper)
Offered regulated medical waste, purportedly under the terms of a DOT exemption, in inner packages not authorized by the exemption or the regulations, and that failed to contain their contents during transportation; failed to include the notation "DOT"on the shipping paper.
[173.22(a)(2), 173.197(a), DOT-E 10833Paragraph 7.b.i.]
Case No. 99-098-SBG-EA
$7,000
NEWARK BETH ISRAEL MEDICAL CENTER, INC.
(Shipper)
Offered regulated medical waste, purportedly under the terms of a DOT exemption, in inner packages not authorized because (1) they were less than 3 mils thick, (2) they contained liquids without sufficient absorbent material to absorb and retain all liquids during transportation, and did not meet the non-bulk packaging standards for Packing Group I for liquids, (3) they were not securely closed and leak-resistant, and (4) the exemption was no longer in effect in some cases; failed to include the exemption number on the shipping paper.
[173.134(b)(3), 173.197(a), 173.22a(2), 173.24(b), DOT-E 10818Paragraphs 7.b.i, 7.b.ii, 7.c., 7.b., 172.203(a)]
Case No. 99-094-SBG-EA
$9,785
NORAT ENVIRONMENT AL SAFETY PRODUCTS, INC.
(Drum Reconditioner)
Represented, certified, and offered reconditioned drums marked as meeting a UN standard, when the leakproofness test had not been conducted on each drum; failed to create and retain records of employee training testing.
[173.28(a), 173.28(b)(2)(i), 178.604(a), 172.704(d)]
Case No. 00-262-DR-SO
$3,600
NORTHERN CALIFORNIA FERTILIZER CO., INC.
(Shipper)
Offered ammonium nitrate, 5.1, in unauthorized non-UN standard packaging; failed to provide employee training, or create and retain records of employee training testing.
[173.213(a) and (c), 172.702(b), 172.704(a) and (d)]
Case No. 00-168-SBG-WE
$6,200
OAKITE PRODUCTS, INC.
(Shipper)
Offered a PG III corrosive liquid in an intermediate bulk container that had not undergone a leakproofness test in the past 2.5 years; failed to maintain records for retests of its intermediate bulk containers.
[178.801(c)(6), 180.352(a) and (b)(1), 180.352(e)]
Case No. 99-223-SIBC-SW
$2,880
OLD BRIDGE CHEMICALS, INC.
(Shipper)
Offered corrosive liquid, basic, inorganic, n.o.s., in an intermediate bulk container that was not authorized because it had not been inspected and retested within the past 2.5 years; offered the same material in 55-gallon plastic drums that were not authorized because (1) one drum was not marked as meeting the appropriate UN performance standard and (2) another drum marked as meeting a UN standard was not leakproofness tested; failed to create and retain records of employee training testing.
[173.35(a), 173.241(d), 180.352(a) and (b), 173.28(b)(2), 178.604, 172.704(d)]
Case No. 00-071-SIBC-EA
$7,900
ORB INDUSTRIES, INC.
(Fiber Box Manufacturer/Shipper)
Offered flammable compressed gas, n.o.s. in unauthorized packaging; offered it accompanied by a shipping paper that did not properly describe the material and did not include a 24-hour emergency response telephone number; failed to mark the packaging with a proper shipping name and identification number; failed to label the packaging with the correct hazard class; represented, marked, and certified fiberboard boxes as meeting the UN4G standard when the design qualification testing was not properly conducted and periodic testing had never been conducted; failed to maintain complete records of design qualification tests; failed to include the name and address or authorized registered symbol of the manufacturer in the UN certification mark; failed to create and retain records of employee training testing; failed to have available design qualification testing records for boxes marked as meeting the UN4G standard; failed to register with RSPA.
[173.22(a)(2), 173.302(a), 172.200(a), 172.202(a), 172.604(a), 172.301(a)(1) and (b), 172.400(a)(1), 178.601(d), 178.601(e), 178.602(d), 178.603(e), 178.601(l), 178.503(a)(8), 172.704(d), 178.2(b), 178.601(l), 178.601(e)]
Case No. 98-062-SC-EA
$9,000
ORLANDO REGIONAL HEALTHCARE SYSTEMS, INC.
(Shipper)
Offered regulated medical waste, purportedly under the terms of an exemption, when the inner packaging did not corform to the requirements of the exemption.
[173.197(a), DOT-E 10821Paragraph 7(a)(2)]
Case No. 99-261-EX-SO
$4,900
ORR SAFETY CORPORATION
(Cylinder Retester)
Failed to confirm that the pressure-indicating device on the retest apparatus was accurate to within one percent of the test pressures of cylinders being retested; failed to provide general awareness and function-specific employee training, or create and retain records of training testing; failed to stamp Xs over the DOT specification number or stamp "CONDEMNED"on a condemned cylinder; failed to maintain accurate records of reinspection and retest.
[173.34(e)(4)(iii)(A), 172.702(b), 172.704(a)(1) and (2), 172.704(d), 173.34(e)(6)(ii), 173.34(e)(8)]
Case No. 99-121-CR-CE
$3,450
THE P.B.S. & J. CORPORATION
(Shipper)
Offered radioactive materials, special form, n.o.s., accompanied by a shipping paper that did not include a proper shipping name, hazard class, UN identification number, the term "Radioactive Materials,"the name of the nuclide, a description of the form, the activity, the type of label, or the transport index.
[172.202(a)(1)-(3), 172.203(d)(1)-(6)]
Case No. 97-183-RMS-HQ
$1,600
PANALPINA, INC.
(Wood Box Manufacturer)
Manufactured, marked, certified, and sold plywood boxes as meeting the UN4DV standard when the boxes were marked with a higher weight than authorized by testing, and the stacking test was not properly conducted; failed to maintain complete test records; marked packaging with a symbol not registered with RSPA.
[178.601(g)(2)(iv) and (vii), 178.606(b), 178.601(l), 178.503(a)(8)]
Case No. 99-202-BM-SW
$17,530
UNIVERSITY OF PENNSYLVANIA HEALTH SYSTEM, INC.
(Shipper)
Offered regulated medical waste in an unauthorized packaging.
[173.197(a)]
Case No. 99-331-SBG-EA
$4,900
PEPSI-COLA & NATIONAL BRAND BEVERAGES, LTD.
(Shipper)
Offered carbon dioxide in cylinders that had not been visually reinspected or hydrostatically retested within the past five years; offered it accompanied by a shipping paper that listed an incorrect 24-hour emergency response telephone number; failed to provide recurrent employee training, or create and retain records of training testing.
[173.34(e), 173.301(c), 173.304(a)(2), 172.201(d), 172.604(a), 172.702(b), 172.704(c)(2) and (d)]
Case No. 00-082-SC-EA
$7,350
PETRA CHEMICAL COMPANY, INC.
(Shipper)
Offered hypochlorite solutions in an intermediate bulk container that had not been retested as required.
[178.801(c)(6), 180.352(a), 180.352(b)(1) and (2)]
Case No. 00-214-SPT-SW
$2,500
PIEDMONT HOSPITAL, INC.
(Shipper)
Offered regulated medical waste in packaging not certified to the PG II level.
[173.197(a)]
Case No. 99-268-SB-SO
$3,920
PLASTICAN, INCORPORATED
(Plastic Drum Manufacturer)
Manufactured, marked, certified, and sold plastic drums as meeting the UN1H2 standard, when design qualification testing had not been performed on each different packaging, when periodic testing had not been performed in the manner required, and when not all drums were capable of passing the drop and hydrostatic pressure tests; failed to provide complete closure instructions for closing the drums so as to meet the performance standards to which the drums had been certified; f/t create and retain records of employee training testing.
[178.601(b), (d), and (e), 178.606(b), 178.2(c), 172.704(d)]
Case No. 99-355-PPM-EA
$18,400
POLYCITY ENTERPRISE LTD.
(Shipper)
Offered cigarette lighters in packaging not prescribed in specia l approval T-0397; offered lighters when they and their packaging had not been examined by an authorized agency and approved by the Associate Administrator for Hazardous Materials Safety, thus making them forbidden for transportation; affixed labels to packages that were not the correct size.
[173.22(a)(2)(iv), 173.24(b), 173.21(i), 178.503(a)(7) and (8), Special Approval T 0397, 173.21(i), 172.407(c)(1)]
Case No. 99-061-FSB-EA
$5,000
POLYSCIENCES, INC.
(Fiber Box Manufacturer/Shipper)
Represented and certified combination packagings marked as meeting the UN4GV standard when the design qualification testing was not performed; failed to maintain design qualification testing records; offered acrolein, inhibited, poison by inhalation, in an unauthorized packaging.
[178.601(d) and (g)(2), 178.602(d), 178.603(a) and (e), 178.606(a) and (c), 178.601(l), 173.22(a)(2), 173.226(c)]
Case No. 98-054-BMS-EA
$13,200
PROCESS ENGINEERING CO., INC.
(Shipper)
Offered sodium cyanide, 6.1., Packing Group I, in a packaging certified only to the Packing Group II level, thereby making it an unauthorized, non-UN standard packaging.
[173.22(a)(2), 173.211(c)]
Case No. 99-254-SD-SO
$3,300
PYRENE FIRE PROTECTION COMPANY, INC.
(Cylinder Retester)
Failed to hold a current retester's identification number; performed retesting with equipment not accurate to within one percent; failed to condemn a cylinder with permanent expansion exceeding 10% of total expansion; failed to maintain records of reinspection and retest; failed to provided training.
[173.34(e)(1)(i), 173.34(e)(3), 173.34(e)(4), 173.34(e)(5), 172.702(b), 172.704(a)]
Case No. 95-89-CR-CE
$4,500
PYRO SPECTACULARS, INC.
(Shipper)
Offered fireworks in unauthorized, non-UN standard packaging marked as being manufactured to a DOT specification; offered fireworks accompanied by shipping papers that did not contain a 24-hour emergency response telephone number; failed to mark packages with a correct UN identification number; failed to label packages with the correct hazard class warning label.
[173.62, 172.604(a), 172.301(a), 172.400(a)]
Case No. 00-159-SE-WE
$3,900
QUADNA, INC.
(Shipper)
Failed to provide employee training (this case started out as a ticket, but respondent elected to make an informal response).
[172.702(b), 172.704(a)]
Case No. 99-158-TNG-WE
$525
R.S.A. CORPORATION
(Shipper)
Offered methyl iodide, 6.1, PIH hazard zone B, in an unauthorized, non-bulk packaging.
[173.22(a), 173.227]
Case No. 99-379-SD-EA
$8,550
RECKITT & COLEMAN, INC.
(Shipper)
Offered compounds, cleaning, liquid (containing potassium hydroxide) in non-standard, unauthorized packaging.
[173.22(a)(2), 173.202]
Case No. 99-376-SD-EA
$4,250
REFRIGERANT RECLAIM SERVICES, INC.
(Cylinder Retester)
Marked cylinders with an "E" indicating retest by external visual inspection, when they were not in exclusive service and no records of the external visual inspection were being kept; performed hydrostatic retesting with equipment not accurate to within one percent; offered hazardous materials accompanied by a shipping paper listing an improper shipping name and the wrong UN identification number, and additional unauthorized information within the basic shipping description.
[173.34(e)(13), 173.34(e)(4)(iii)(A), 173.34(e)(4)(iv), 172.201(a)(4), 172.202(a)(1) and (3)]
Case No. 97-247-CR-SW
$8,810
REICHHOLD CHEMICALS, INC.
(Shipper)
Offered a flammable liquid in a UN standard packaging that had not been closed in accordance with the manufacturer's closure notification.
[173.22(a)(4)]
Case No. 99-286-SD-SO
$3,700
REMAC, INC.
(Cylinder Manufacturer/Shipper)
Represented, marked, and certified compressed gas cylinders as meeting the DOT 39 specification when they had not undergone the required manufacturing tests; offered compressed gas accompanied by a shipping paper that did not list an applicable exemption number; failed to register with RSPA.
[178.2(a), (b), and (d), 178.65(f), (g), and (i), 172.203(a), 173.22a(b), 107.601(e), 107.608, 107.612]
Case No. 99-081-CMS-EA
$5,000
S. P. RICHARDS COMPANY, INC.
(Shipper)
Offered corrosive liquid, PG II, for transportation in an unauthorized packaging.
[173.22(a)(2), 173.24(b)(2), 173.202]
Case No. 99-290-SB-SO
$5,600
RIG-CHEM, INC.
(Shipper)
Failed to provide recurrent employee training for three years; offered combustible liquids, n.o.s. (containing terpene hydrocarbons) in a portable tank marked as meeting the DOT 57 specification that was not authorized because it had not been hydrostatically retested and visually inspected within the past 2.5 years.
[172.702(b), 172.704(c)(2), 173.32(e)(ii)]
Case No. 00-004-SPT-HQ
$2,600
RIVIANA FOODS, INC.
(Third-Party Package Certifier)
Represented and certified a packaging as meeting a UN standard, when the required number of test samples were not used in the design qualification testing and when no approval was issued to vary the drop test procedures.
[178.601(c)(1) and (f), 178.603(a)]
Case No. 99-234-PC-SW
$2,000
ROCKAWAY CORPORATION
(Third-Party Package Certifier)
Represented and certified fiberboard boxes as meeting the UN4G standard when the proper design qualification testing had not been conducted.
[178.503(a)(3), 178.601(d), 178.603(e)(1) and (2)]
Case No. 98-100-PC-EA
$5,750
RUSSELL STANLEY CORPORATION
(Steel Drum Manufacturer)
Manufactured, marked, certified, and sold 55-gallon composite drums as meeting the UN6HA1 standard, when the drums were not all capable of passing the required performance testing.
[178.2(b),178.601(b)]
Case No. 99-345-DM-EA
$12,600
S & S COMPANY OF GEORGIA, INC.
(Fiber Box Manufacturer/Shipper)
Represented, marked, and certified fiberboard boxes as meeting the UN4G standard that were incorrectly marked with "V" and "W", but with no "S" mark and no maximum gross mass; failed to properly conduct conditioning and stacking design qualification test; failed to maintain at each manufacturing location records of design qualification and periodic testing.
[178.503(a)(4)(ii), 178.503(a)(5)(ii), 178.601(b) and (d), 178.603(a), 178.606(a), 178.601(l)]
Case No. 97-079-BMS-SW
$7,500
SAFETY AND HEALTH ASSOCIATES, INC.
(Cylinder Retester)
Failed to provide employee training, or create and retain records of training testing; failed to perform the hydrostatic retest at the minimum test pressure; offered hazardous materials accompanied by a shipping paper that failed to describe the hazardous material.
[172.702(b), 172.704(a) and (d), 173.34(e), 172.201, 172.202]
Case No. 97-222-CR-SW
$5,100
SALLY BEAUTY COMPANY, INC.
(Shipper)
Offered a consumer commodity, ORM D, in a packaging that was not properly filled, resulting in an identifiable release of material to the environment; failed to mark the proper shipping name and the designation "ORM-D"on at least one side of the packaging; failed to provide employee training.
[173.22(a)(1) and (2)(i), 173.24(a)(3) and (b)(1), 173.22(a)(1), 172.301(a), 172.316(a), 172.702(b), 172.704(b)]
Case No. 99-099-SB-EA
$8,600
SAM-SON DISTRIBUTION CENTER, INC.
(Shipper)
Offered trichloroisocyanuric acid, dry, in an unauthorized packaging; offered it accompanied by a shipping paper that failed to list a 24-hour emergency response telephone number and shipper's certification; failed to provide function-specific employee training, or create and retain records of training testing; failed to mark the proper shipping name and UN identification number on packages.
[171.12a(b)(13), 173.22(a)(2), 173.212(a), 172.201(d), 172.204(a), 172.604(a), 172.702(b), 172.704(a)(2) and (d), 172.301(a)]
Case No. 99-069-SBP-EA
$10,980
SAMPSON COATINGS, INC.
(Shipper)
Offered paint-related material in unauthorized, non-UN standard packaging; offered it accompanied by a shipping paper with no proper shipping name, the wrong packing group, and no unit of measure for the total weight; affixed to a package a subsidiary hazard warning label with the wrong color background and with a hazard class number; failed to mark orientation arrows on the outside to indicate the upright orientation of the inner packages; failed to have a RSPA registration document in a vehicle.
[173.22(a)(2), 173.173(b), 173.202, 172.202(a)(1), (4), and (5), 173.22(a)(1), 172.402(b), 172.406(c), 172.430(b), 172.312(a), 107.620(b)]
Case No. 00-092-SB-EA
$13,940
SANTA ROSA FIRE EQUIPMENT SERVICE, INC.
(Cylinder Retester)
Failed to condemn cylinders with permanent expansion exceeding 10% of total expansion; after equipment malfunction, repeated the retest at the same pressure, rather than 10% or 100 psi higher, whichever is lower.
[173.34(e)(4), 173.34(e)(6)(D), 173.34(e)(3), 173.34(e)(4)(v)]
Case No. 97-115-CR-WE
$6,375
HENRY SCHEIN, INC.
(Fiber Box Manufacturer/Shipper)
Certified fiberboard boxes as meeting the UN4GV standard without performing design qualification tests for Variation 2 combination packages.
[178.503(a)(2), 178.601(d) and (g)(2)]
Case No. 95-181-BMS-CE
$3,780
HENRY SCHEIN, INC.
(Fiber Box Manufacturer/Shipper)
Offered nitric acid in an unauthorized packaging.
[173.22(a)(2), 173.202(b), 178.601(b), 178.601(c)(4)]
Case No. 98-107-BMS-CE
$4,900
SCHOLLE CORPORATION
(Shipper)
Offered printing ink and paint in portable tanks marked as meeting the DOT 57 specification that had not been retested within the prescribed time intervals; offered battery fluid in drums certified to the UN1H1 standard, when they had not been closed in accordance with the manufacturer's closure notification.
[173.32(e)(1)(ii), 173.32(e)(2)(i) and (ii), 173.22(a)(4), 173.24(b) and (f)(2), 178.601(b)]
Case No. 00-258-SPT-SO
$4,800
SCRIPT, INC.
(Shipper)
Offered ethyl chloride in an unauthorized, non-UN standard packaging; offered it accompanied by a shipping paper that did not contain all the required information; failed to provide employee training, or create and retain records of employee training testing.
[173.322, 172.201(a)(1) and (d), 172.202(a), 172.204(a), 172.600(c), 172.702(b), 172.704(a) and (d)]
Case No. 98-149-SB-CE
$12,375
SEMCO, INC.
(Shipper)
Offered paint-related materials in non-specification, non standard packaging; offered it accompanied by a shipping paper with an incorrect proper shipping name and UN identification number, and without a shipper's certification or 24-hour emergency response telephone number; failed to mark the packaging with the proper shipping name and UN identification number; failed to provide employee training, or create and retain records of training testing.
[173.119(b), 173.202, 172.202(a), 172.204(d), 172.604(a)(3), 172.301(a), 172.702(b), 172.704(a) and (d)]
Case No. 98-169-SP-WE
$5,000
THE SHEPHERD CHEMICAL COMPANY, INC.
(Shipper)
Offered nitrates, inorganic, n.o.s. (containing cupric nitrate), 5.1, in a non-specification, non-UN standard packaging.
[173.22(a)(2), 173.213(a)]
Case No. 99-320-SD-EA
$3,200
SIMMONS GUN SPECIALTIES, INC.
(Shipper)
Offered propellant solid, 1.3C, as smokeless powder for small arms, 4.1, without a proper shipping description on the shipping paper, and failed to follow the regulations permitting this class change by allowing more than 16 pounds total net weight in one packaging; offered propellant solid, 1.3C, in non-UN standard packaging.
[172.202(a), 172.301(a)(1), 173.56, 173.171, 172.400(a), 173.60(a), 173.62]
Case No. 98-101-SE-CE
$8,500
SIRCO SYSTEMS, INC.
(Steel Drum Manufacturer)
Manufactured, marked, certified, and sold 55-gallon steel drums as meeting the UN1A1/Y.2/100 standard, when the design qualification stacking test was not properly conducted; failed to include all of the required information on the design qualification test report.
[178.2(b)(1), 178.606(c), 178.601(l)]
Case No. 99-291-DM-SO
$2,310
SISTERS OF CHARITY MEDICAL CENTER - ST. VINCENT'S
(Shipper)
Offered regulated medical waste for transportation, purportedly under the terms of a DOT exemption, in inner packages that were not authorized by the exemption or the regulations and that failed to contain their contents during transportation; offered it accompanied by a shipping paper that did not list the exemption number.
[173.22(a), 173.197(a), DOT-E 10833Paragraph 7.b.i., 172.203(a)]
Case No. 99-096-SBG-EA
$7,386
SKOLNIK INDUSTRIES, INC.
(Steel Drum Manufacturer)
Manufactured, marked, certified, and sold 20-gallon steel drums, when the drums were not capable of passing the leakproofness and hydrostatic pressure tests.
[178.605, 178.604]
Case No. 99-340-DM-EA
$7,000
SLACK CHEMICAL CO., INC.
(Shipper)
Offered sodium hydroxide solution in a portable tank marked as meeting a DOT exemption, that was unauthorized because it had not be retested; marked the portable tank with an incorrect shipping name and identification number.
[173.32(e)(1)(ii), DOT-E 9052Paragraph 7.h., 172.326(a), DOT-E 9052Paragraph 4]
Case No. 98-329-SPT-EA
$5,500
SMURFIT-STONE CONTAINER CORPORATION
(Fiber Bag Manufacturer)
Manufactured, marked, certified, and sold five-ply fiber bags as meeting the UN5M2 standard, when they were not constructed to prevent an identifiable release of their contests during conditions normally incident to transportation; failed to provide closure instructions and notification for the bags in either its records of design qualification testing or in written notification to customers.
[178.2(b)(1), 178.2(c)(1), 178.601(l)(6)]
Case No. 99-351-BGM-EA
$9,200
SOLVAY BARIO E DERIVATI S.P.A.
(Shipper)
Offered barium compound n.o.s. (containing barium hydroxide monohydrate) in unauthorized, non-UN standard non-bulk packaging.
[173.22(a)(2), 173.213]
Case No. 00-076-FSBG-EA
$4,000
SOUTH FLORIDA PLASTICS, INC.
(Plastic Jerrican Manufacturer)
Manufactured, marked, certified, and sold plastic jerricans as meeting the UN3H1 standard, when the required periodic retesting had not been performed; failed to provide employee training, or create and retain records of training testing; failed to provide written notification of the packaging closure instructions.
[178.601(e), 172.702(b), 172.704(a) and (d), 178.2(c)]
Case No. 98-078-JM-EA
$6,000
SOUTHCORP PACKAGING, USA, INC.
(Steel Drum Manufacturer)
Manufactured, marked, and sold five-gallon open-head plastic drums as meeting the UN1H2/Y1.5/30 standard, when they were not capable of passing the drop and hydrostatic pressure tests.
[178.601(b), 178.603, 178.605]
Case No. 99-352-DM-EA
$5,900
SOUTHCORP PACKAGING, USA, INC.
(Steel Jerrican Manufacturer)
Manufactured, marked, certified, and sold steel jerricans as meeting a UN standard, when the cans were not capable of passing the drop test.
[178.2(b), 178.601(b)]
Case No. 00-354-JM-EA
$8,400
SOUTHEAST GEORGIA REGIONAL MEDICAL CENTER
(Shipper)
Offered regulated medical waste in two different unauthorized, non-UN standard packaging; failed to provide employee training, or create and retain records of training testing; failed to mark packages with a proper shipping name and UN identification number; offered regulated medical waste accompanied by a shipping paper that did not list the "DOT E" notation.
[173.22(a)(2), 173.24(b), 173.197, 173.203, 172.702(b), 172.704(a) and (d), DOT-E 12223Paragraph 11(b), 172.301(a), 172.203(a)]
Case No. 99-300-SBG-SO
$8,650
SOUTHEASTERN FIRE PROTECTION
(Cylinder Retester)
Failed to remove metal bands and protective boots from cylinders in order to conduct a complete visual inspection, and failed to remove or loosen them before hydrostatic testing so that cylinders were free to expand in all directions; failed to have a current copy of certain DOT exemptions at its retest facility; failed to provide current employee training.
[173.34(e)(1)(ii), 173.34(e)(3) and (4)(i), 173.34(e)(2)(v)(B), 172.702(b)]
Case No. 00-254-CR-SO
$2,800
SPARTANBURG REGIONAL HEALTHCARE SYSTEM
(Shipper)
Offered regulated medical waste for transportation in unauthorized, non-UN standard packaging; failed to provide general awareness and function-specific employee training.
[173.22(a)(2), 173.203(a), 173.134(b)(4)(ii), 173.197(a), 172.702(b), 172.704(a)(1) and (2)]
Case No. 99-294-SB-SO
$4,000
SST INDUSTRIES, INC.
(Plastic Drum Manufacturer)
Manufactured, marked, certified, and sold plastic drums as meeting a UN standard, when the drums were not capable of passing UN performance tests.
[178.509(b)(1), 178.601(b), 178.603]
Case No. 00-211-PDM-SW
$8,400
STRESAU LABORATORY, INC.
(Fiber Box Manufacturer/Shipper)
Represented, marked, and certified fiberboard boxes as meeting a UN standard, when the design qualification stacking test was not performed; same, represented, marked, and certified fiberboard boxes as meeting a UN standard, when the design qualification test reports did not contain all required information; offered detonators, electric, 1.4B, detonators for ammunition, 1.4B, and fuzes, detonating, in packaging for which design qualification testing was not properly conducted; offered hazardous materials accompanied by a shipping paper with additional unauthorized information withing the basic shipping description and with the wrong packing group.
[178.601(b), 178.606(c), 178.601(l), 173.62, 172.201(a)(4), 172.202(a)(4) and (b)]
Case No. 99-011-BMS-HQ
$6,500
SUB-AQUATICS, INC.
(Cylinder Retester)
Performed hydrostatic retesting with test equipment that was not calibrated each day prior to testing; failed to maintain a current copy of the Hazardous Materials Regulations at the location where cylinders are inspected, retested, or marked.
[173.34(e)(4)(iii), 173.34(e)(2)(v)(A)]
Case No. 99-124-CR-CE
$2,500
SWARTZ FIRE & SAFETY EQUIPMENT, INC.
(Cylinder Retester)
Failed to condemn cylinders with permanent expansion exceeding 10% of total expansion; performed hydrostatic retesting with inaccurate equipment; after equipment malfunction, repeated the retest at the same pressure, rather than 10% or 100 psi higher, whichever is lower.
[173.34(e)(4), 173.34(e)(3), 173.34(e)(3)]
Case No. 93-24-CR-EA
$4,650
SYBRON CHEMICALS, INC.
(Shipper)
Offered corrosive solid, acidic, inorganic, n.o.s. (containing ferrous sulfite) in unauthorized, non-UN standard packaging; offered corrosive liquid, n.o.s. (containing ethoxylated fatty amine) in UN certified drums that were not closed in accordance with the manufacturer's closure notification, thereby reducing the effectiveness of packaging and voiding the UN certification.
[173.22(a)(2), 173.213, 173.22(a)(4), 173.24(b) and (f)(2)]
Case No. 99-293-SD-SO
$5,000
SYNCOR INTERNATIONA L CORPORATION
(Shipper)
Offered radioactive material, n.o.s., in a packaging marked as meeting the DOT 7A Type A specification that was not authorized because it lacked the upper molded foam insert that was part of the packaging as tested and certified.
[173.415(a), 173.475]
Case No. 00-013-RMS-HQ
$6,160
TAYLOR WHARTON GAS EQUIPMENT DIVISION
(Steel Drum Manufacturer)
Manufactured, marked, certified, and sold closed-head steel drums as meeting the UN1A1standard, when periodic retests were not completed as prescribed; failed to include the year of manufacture in the UN certification marking; failed to provide function-specific employee training, or create and retain records of employee training testing.
[178.601(e), 178.601(l), 178.603(e)(2), 178.604a, 178.606(a), 178.503(a)(6), 172.702(b), 172.704(a)(2) and (d)]
Case No. 98-271-DM-SO
$10,580
TENNANT COMPANY, INC.
(Shipper)
Offered corrosive liquid, n.o.s. (containing hydrochloric acid) in non-UN standard packaging; offered the hazardous materials accompanied by shipping papers that did not describe the materials and included an unsigned shipper's certification; marked an incorrect proper shipping name on the packaging, and failed to mark orientation markings on the packaging.
[173.22(a)(2), 173.202(a), 172.101(c)(10), 172.202(a), 172.203(k)(2), 172.204(d), 172.301(a) and (b), 172.312(a)]
Case No. 98-092-SB-EA
$10,000
TERRISS CONSOLIDATED INDUSTRIES
(Fiber Box Manufacturer/Shipper)
Failed to create and retain records of employee training testing; represented, marked, certified, and offered fiberboard boxes as meeting the UN4G standard, when the design qualification tests were not conducted as prescribed; offered flammable liquids accompanied by a shipping paper that failed to list a technical name in parentheses in association with the proper shipping name.
[172.704(d), 178.601(d), 178.601(l), 178.603(c), 178.606, 172.203(k)]
Case No. 98-073-BMS-EA
$7,000
TEXAS FIRE TECHNOLOGY, INC.
(Cylinder Retester)
Failed to condemn cylinders with permanent expansion exceeding 10% of total expansion; performed retesting with equipment not calibrated to an accuracy within one percent.
[173.34(e)(4), 173.34(e)(3)]
Case No. 96-225-CR-SW
$29
TEXMARK CHEMICALS, INC.
(Shipper)
Offered hazardous materials in an intermodal portable tank that was not properly secured, resulting in an identifiable release of hazardous materials to the environment; failed to mark an intermodal tank with the proper shipping on two opposing sides.
[173.24(b)(1), 173.32c(d)(1)(ii), 172.326(a)]
Case No. 98-020-SIT-HQ
$4,200
THERMO TRILOGY CORPORATION
(Shipper)
Offered flammable liquid, n.o.s., (containing ethanol) in a packaging that was not tested to the appropriate packing group level and, therefore, was an unauthorized packaging.
[173.202]
Case No. 00-169-SB-WE
$3,500
TRI CITIES DRY ICE CO., INC.
(Cylinder Retester)
Failed to verify the accuracy of the test equipment within one of the calibrated cylinder's pressure and corresponding expansion values; failed to maintain complete and accurate records of calibration and cylinder retesting; failed to provide general awareness and function-specific employee training, or create and retain records of training testing.
[173.34(e)(4)(iv), 173.34(e)(8)(ii)(A), 173.34(e)(8)(ii)(B), 172.702(b),172.704(a)(1) and (2), 172.704(d)]
Case No. 99-369-CR-EA
$5,320
TRI STATE TESTING SERVICES, INC.
(Shipper)
Offered radioactive material, special form, n.o.s., in Type B packaging without registering with the US Nuclear Regulatory Commission as a user of the packaging; offered the material accompanied by a shipping paper that described it in curie units instead of SI units; that failed to list the "RQ"designation; that failed to identify the packaging type; and that failed to list a 24-hour emergency response telephone number.
[173.415(c), 173.416(a), 173.471(a), 172.203(d)(4), 172.203(c)(2), 172.203(d)(8), 173.471(c), 172.604]
Case No. 98-005-RMS-HQ
$4,710
TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION, INC.
(Cylinder Retester)
Performed hydrostatic retesting on equipment that had not been verified to be accurate to within one percent of the calibrated cylinder's expansion value; failed to maintain records of visual inspection and failed to notify the owner in writing when a cylinder is required to be condemned.
[173.34(e)(4)(iv), 173.34(e)(6)(iii), 173.34(e)(8)(ii)(B)]
Case No. 99-231-CR-SW
$2,100
TRI-STATE STEEL DRUM COMPANY, INC.
(Drum Reconditioner)
Represented, marked, and certified reconditioned open-head steel drums as meeting a UN standard, when the drums were not capable of passing the drop, leakproofness and hydrostatic pressure tests.
[178.605, 178.604, 178.603]
Case No. 99-279-DR-SO
$5,000
TRI-TECH
(Cylinder Retester)
After equipment malfunction, repeated the retest at the same pressure, rather than at 10% or 100psi higher, whichever is lower; failed to demonstrate the accuracy of the pressure-indicating device to within 500 psi of actual test pressure for pressures at or above 3,000 psi; failed to document in its records cylinders that were condemned based on visual inspection.
[173.34(e)(4)(v), 173.34(e)(4)(iii)(A), 173.34(e)(8)(ii)(B)]
Case No. 99-273-CR-SO
$5,000
TRIANGLE FIRE, INC.
(Cylinder Retester)
Failed to verify, on each day it retested cylinders, that its test equipment was accurate within one percent of the calibrated cylinder's test pressure; failed to maintain a current copy of the 49 CFR sections that applied to its retesting activities.
[173.34(e)(4)(iii), 173.34(e)(4)(iv), 173.34(e)(2)(v)(A)]
Case No. 00-269-CR-SO
$3,350
U.S. CAN CORPORATION
(Plastic Drum Manufacturer)
Manufactured, marked, certified, and sold plastic drums as meeting the UN1A2/Y1.4 /30 standard, when the drums were not subjected to production testing.
[178.601(c)(3), 178.604]
Case No. 97-202-PPM-CE
$6,800
U.S. FIRE & SAFETY EQUIPMENT CO.
(Cylinder Retester)
Performed retesting with inaccurate equipment; failed to properly mark its retester's identification number on cylinders; failed to remark aluminum exemptions cylinders as DOT 3AL.
[173.34(e)(3), 173.34(e)(6), 173.23(c)]
Case No. 93-241-CR-CE
$7,219
U.S. FIRE & SAFETY EQUIPMENT CO., INC.
(Cylinder Retester)
Failed to remark aluminum exemptions cylinders as DOT 3AL; failed to mark cylinders in a legible manner; failed to provide employee training.
[173.23(c), 173.34(c), 172.702(b), 172.704(a)]
Case No. 95-157-TRN-CE
$4,609
UNGERER INDUSTRIES, INC.
D/B/A UNGERER & CO.
(Shipper)
Offered extracts, flavoring, liquid, in unauthorized, non-UN standard drums; failed to register with RSPA.
[173.22(a)(2), 173.202(a), 107.601(e), 107.608(a)]
Case No. 99-366-SD-EA
$5,300
UNGERER INDUSTRIES, INC.
D/B/A UNGERER & CO.
(Shipper)
Accepted, by importing, a hazardous materials into the United States, while failing to provide timely and complete information as to the requirements of the Hazardous Materials Regulations that would apply to the shipment of the material within the United States.
[171.12(a)]
Case No. 99-367-SD-EA
$700
UNISOURCE WORLDWIDE, INC.
(Shipper)
Offered corrosive solid, basic, inorganic, n.o.s. (containing sodium metasilicate) in unauthorized, non-UN standard packaging; offered this material with a shipping paper that did not describe the hazardous material or list a 24-hour emergency response telephone number.
[173.22(a)(2), 173.213, 172.200(a), 172.201(a)(1)(i) and (ii), 172.202, 172.203(k), 172.204, 172.604]
Case No. 00-225-SP-SW
$7,290
UNIVERSITY COMMUNITY HOSPITAL
(Shipper)
Offered regulated medical waste in unauthorized, non-UN standard packaging, by not complying with requirements set forth in the package certification and not utilizing a required UN-standard package; failed to properly mark a package with a proper shipping name, UN identification number, and orientation markings.
[173.22(a)(2), 173.197(a), 173.134(b)(4)(ii), 172.301(a), 172.312(a)(2)]
Case No. 00-255-SB-SO
$8,000
VALLEN CORPORATION
D/B/A AUGUSTA AUTOMATIC FIRE SYSTEMS AND EQUIPMENT, INC.
(Cylinder Retester)
Failed to verify, on each day it tested, that the test equipment was accurate to within one percent of the calibrated cylinder's test pressure; failed to maintain accurate records of reinspection and retest; failed to create and retain records of employee training testing.
[173.34(e)(4)(iii)(A), 173.34(e)(8)(ii)(B), 172.704(d)]
Case No. 00-268-CR-SO
$4,100
VALLEY HYDROTESTING & SAFETY S
(Shipper)
Represented and marked cyls with a "plus" mark indicating they could be filled to 10% in excess of the marked service pressure, without determining the average or maximum wall stress.
[173.302(c)(5)]
Case No. 93-144-CR-WE
$1,600
VAN WATERS & ROGERS, INC.
(Shipper)
Offered nitrates, inorganic, n.o.s. (containing cupric nitrate), 5.1, in a non-specification, non-UN standard packaging.
[173.22(a)(2), 173.213]
Case No. 99-321-SD-EA
$5,500
VANGUARD CONTAINER CORPORATION
(Plastic Drum Manufacturer)
Manufactured, marked, certified, and sold 55-gallon open-head plastic drums as meeting the UN1H2/Y300/S standard when the drums were not capable of passing the drop test.
[178.601(b)]
Case No. 99-348-DM-EA
$5,000
VANGUARD FIRE & SECURITY, INC.
(Cylinder Retester)
Failed tot conduct a visual inspection and hydrostatic retest for cylinders that it marked and filled; failed to determine the accuracy of the pressure-indicating device of the test system to within 500 psi of actual test pressure; after equipment malfunction, repeated the retest at the same pressure, rather than at 10% or 100 psi higher, whichever is lower; failed to provide training, or create and retain records of training testing, and an employee was not observed by the independent inspection agency nor added to the company file; failed to maintain complete records of reinspection and retest.
[173.34(e)(1)(i), 173.34(e)(1)(ii), 173.34(e)(4)(iii)(A), 173.34(e)(4)(v), 172.702(b), 172.704(a) and (d), Approval Letter dated 09/22/98, 173.34(e)(8)]
Case No. 00-114-CR-CE
$14,440
VICTORY CHEMICAL CORPORATION
(Shipper)
Failed to provide employee training; offered corrosive materials accompanied by a shipping paper that listed a non-functioning 24-hour emergency response telephone number.
[172.702(b), 172.704(a), 172.201(d), 172.604(a)]
Case No. 96-121-TRN-EA
$2,750
WALCO INTERNATIONA L, INC,
D/B/A HOLT PRODUCTS CO., INC.
(Shipper)
Offered flammable liquid, n.o.s. (containing isopropanol) and corrosive liquid, n.o.s. (containing potassium hydroxide and potassium hypochlorite) in packaging that was not packed in accordance with the UN certification test report, thereby rendering it unauthorized packaging.
[173.202(a), 178.601(b)]
Case No. 99-126-BMS-CE
$5,600
WEBSTER FIRE EXTINGUISHER CO., INC.
(Cylinder Retester)
Representing and marking DOT exemption cylinders as having been successfully retested, when the hydrostatic retest had not been conducted and the retester did not possess a current retester's identification number.
[173.34(e)(2)(i)]
Case No. 99-089-CR-EA
$3,500
WELL SAFE, INC.
(Cylinder Retester)
Failed to calibrate the test equipment prior to retesting, and performed hydrostatic retesting when the pressure-indicating device was not verified to be accurate to within 500 psi of each test pressure.
[173.34(e)(4)(iii), 173.34(e)(4)(iii)(A)]
Case No. 99-288-CR-SO
$2,920
WESTERN FIRE & SAFETY COMPANY, INC.
(Cylinder Retester)
Failed to condemn cylinders with permanent expansion exceeding 10% of total expansion.
[173.34(e)(4)]
Case No. 96-193-CR-WE
$4,000
WILSON PRODUCTS COMPRESSED GAS, INC.
(Cylinder Retester)
Failed to demonstrate that the pressure-indicating device of its retest equipment was accurate to within 500 psi of each test pressure; after equipment malfunction, repeated the retest at the same pressure, rather than at 10% or 100 psi higher, whichever is lower.
[173.34(e)(4)(iii)(A), 173.34(e)(4)(v)]
Case No. 99-302-CR-EA
$3,500
WYLE LABORATORIES, INC.
(Third-Party Packaging Certifier)
Represented and certified fiberboard boxes marked as meeting the UN4GV standard when the packaging did not pass the design qualification drop test; failed to create and retain complete records of design qualification testing; represented and certified fiberboard boxes as meeting the UN4GV standard, under Special Approval SA-850403, when an unqualified person certified compliance and signed the certifications on behalf of Wyle.
[178.2(b), 178.601(d), 178.603(a) and (f)(4), 178.601(l), 107.404(c), SA-850403]
Case No. 99-251-PC-SO
$9,560
YOUNG & VANN SUPPLY COMPANY, INC.
(Shipper)
Offered corrosive liquids, n.o.s., in an unauthorized, non-UN standard packaging; offered the material without properly labeling the package; offered the material accompanied by a shipping paper that did not include a complete proper shipping name and technical name, or a 24-hour emergency response telephone number answered on a 24-hour basis; failed to create and retain records of employee training testing.
[173.22(a)(2), 173.203, 172.400(a)(1), 172.442, 172.201(d), 172.202(a)(1), 172.203(k), 172.604(a), 172.704(d)]
Case No. 98-286-SP-SO
$7,200
Total Penalties -
$1,570,007