The Pipeline and Hazardous Materials Safety Administration (PHMSA) gives notice to the regulated industry and its stakeholders of the civil penalty cases it closed from January 1, 2006 through December 31, 2006 for violations of the Hazardous Materials Regulations (HMR) (49 Code of Federal Regulations Parts 171 180). For calendar year 2006, PHMSA closed a total of 420 civil penalty cases and collected $2,230,793 in penalties.
It is the task of PHMSA's enforcement staff to improve compliance with the safety and training standards of the HMR by inspecting companies and individuals who offer hazardous materials for transportation or who manufacture, maintain, repair, recondition or test packages authorized for transporting hazardous materials.
220 Laboratories, Inc.
Riverside, CA
(Shipper)
Offered flammable liquid, n.o.s. (ethyl alcohol), 3 in unauthorized non-UN standard plastic drums; offered flammable liquid, n.o.s. (ethyl alcohol), 3, accompanied by a shipping paper that (1) provided an incorrect packing group, (2) failed to use the proper packing group format, (3) interspersed unauthorized information within the basic shipping description, (4) provided unauthorized abbreviations, (5) contained a shipping description that was not in proper sequence, (6)failed to provide the technical name of the hazardous material in parentheses, and (7) failed to provide a total quantity of material; failed to label non-bulk packages of hazardous material.
[172.203(c), 173.24(c), 172.203(k), 172.202(b), 173.22(a)(2), 172.301(a)(1) and (b), 172.202(a)(4) and (5), 172.400(a)(1) and (b), 172.201(a)(1) and (4)]
Case No. 04-160-SD-WE
$13,000
Product, LLC
Jackson, TN
(Shipper)
Failed to provide general awareness, function-specific, safety, and security awareness training, and create and retain training records; failed to register with PHMSA; failed to develop and adhere to a security plan; offered corrosive liquid, n.o.s., 8, accompanied by a shipping paper that failed to provide the (1) proper shipping name, (2) hazard class, (3) UN identification number, and (4) packing group for the material, and (5) failed to include an emergency response telephone number.
[172.702(b), 172.704(a)(1)-(4), 107.612(c), 107.608(b), 172.800(b), 172.202(a)(1)-(4), 172.704(d), 172.604(a), 172.201(d)]
Case No. 05-0094-SP-SO
$4,944
Abell Corporation
DBA Poly Processing Company
Winchester, VA
(Packaging Manufacturer)
Manufactured, marked, certified, and sold an intermediate bulk container as meeting the UN31HA1/Y standard, when periodic requalification testing was not conducted; failed to provide security awareness training; manufactured, marked, certified, and sold an intermediate bulk container as meeting the UN31HA1/Y standard without maintaining a complete test record.
[178.801(e), 178.2(b)(1), 172.704(a)(4), 178.801(l), and 172.702(b)]
Case No. 05-0325-IBCM-EA
$6,010
ACIMA Chemical Industries
CH-9471 Buchs, Switzerland
(Foreign Shipper)
Offered corrosive liquid, acidic, organic, n.o.s. (4,5-dichloro-2-noctyl-4-isothiazolin-3-one, carbendazim), 8, in unauthorized UN standard packagings that were certified only for solids.
[173.22(a)(2)]
Case No. 06-0051-FSD-EA
$3,750
ACL, Inc.
Elk Grove Village, IL
(Shipper)
Failed to develop and adhere to a security plan; failed to register with PHMSA.
[172.800(a), 107.608, 172.802(a) and (b), 107.612]
Case No. 05-0250-SD-CE
$1,000
Accu-Labs, Inc.
Chicago, IL
(Shipper)
Offered oxidizing solid, toxic, n.o.s. (chromic acid, sodium nitrate, and sodium fluoride), 5.1, PGI in unauthorized non-UN standard fiber drums; offered corrosive solid, basic, inorganic (sodium hydroxide), 8, and other materials in unauthorized non-UN standard packaging; failed to register with RSPA; offered hazardous materials accompanied by shipping papers that variously (1) provided unauthorized additional information interspersed in the basic shipping description, (2) failed to provide a valid emergency response telephone number, (3) failed to provide a signed shipper’s certification, and (4) failed to identify a material as a hazardous substance.
[173.22(a)(2), 173.211(a), 172.203(c)(2), 172.202(b), 173.212, 172.604(a)(2), 172.204(d)(1) and (2), 107.608(b)]
Case No. 02-367-SD-EA
$9,000
Ace Fire Equipment and Service Company
Palo Alto, CA
(Cylinder Retester)
Represented, marked, and certified cylinders as successfully retested when hydrostatic testing was not performed at the minimum test pressure; failed to calibrate the test equipment at a pressure within 500 psig of actual test pressures; failed to maintain complete and accurate records of cylinder requalification; failed to maintain current copies of applicable DOT exemptions and CGA pamphlets at the retest facility.
[173.34(e)(4)(iii)(A) and (v), 173.34(e)(8)(ii)(A) and (B), 173.34(e)(2)(v)(B) and (C)]
Case No. 02-155-CR-WE
$4,500
Acety Arc, Inc.
Calvert City, KY
(Cylinder Retester/Shipper)
Failed to develop and adhere to a security plan and provide security training.
[172.702(a), 172.704(a)(4), 172.800(b), 172.802(a) and (b)]
Case No. 06-0084-CRS-CE
$3,540
Action Manufacturing Company
Philadelphia, PA
(Shipper)
Offered fuses, detonating, 1.4B, accompanied by a shipping paper that failed to include the net explosive mass; failed to provide function-specific, safety and security awareness training, or create and retain training records; failed to develop and adhere to a security plan.
[172.202(a)(5)(i), 172.702(b), 172.704(a)(2)-(4), 172.802, 172.704(d), 172.800(b)(7)]
Case No. 05-0271-SB-EA
$7,650
Advanced Gas Technologies, Inc.
Palm, PA
(Shipper)
Offered carbon monoxide compressed, 2.3 (2.1), PIH hazard zone D, in compressed gas cylinders that were filled beyond the authorized fill pressure limit; failed to sign the shipper’s certification on a hazardous materials shipping paper; failed to create and maintain training records; failed to develop and adhere to a security plan.
[173.22(a), 173.302a(c), 173.24(a), 172.204(d), 172.704(d), 172.702(a), 172.802(a) and (b), 172.800(b)]
Case No. 05-0486-SC-EA
$11,149
Aeriform Corporation
Coffeyville, KS
(Cylinder Retester)
Failed to verify the accuracy of the test equipment to within one percent of the calibrated cylinder's test pressure and corresponding expansion values and failed to calibrate the test equipment at a pressure within 500 psig of actual test pressures; failed to maintain complete and accurate records of cylinder re-qualification, and failed to maintain copies of applicable CGA pamphlets at its facility; failed to provide function-specific employee training.
[180.205(g)(4), 180.205(g)(3), 180.215(a)(6), 180.215(b)(1) and (b)(2), 172.702(a)(b) and (d), and 172.704(a)(2)]
Case No. 05-0413-CR-SW
$6,090
Aidant Fire Protection Company
Scottsdale, AZ
(Cylinder Retester)
Failed to verify the accuracy of the test equipment within 500 psig of the actual test pressure for test pressures at or above 3000 psig.
[180.205(g)(3)(i)]
Case No. 06-0142-CR-SW
$1,655
Airgas East, Inc.
Allentown, PA,
(Shipper)
Offered carbon monoxide compressed, 2.3 (2.1), PIH hazard zone D in an unauthorized cylinder, and when the pressure exceeded the fill limit of that cylinder; offered carbon monoxide compressed, 2.3 (2.1), PIH hazard zone D, accompanied by a shipping paper that failed to include the subsidiary hazard class for the material.
[173.22(a), 173.302a(c), 173.24(a), 180.209(b), 172.202(a)(2)]
Case No. 05-0596-SC-EA
$4,725
Airgas East, Inc.
Elmira, NY
(Cylinder Retester)
Certified, marked, and represented a DOT specification cylinder as suitable for ten-year requalification, when the cylinder was not authorized under the HMR.
[180.209(b)]
Case No. 05-0581-CR-EA
$2,700
Airgas East, Inc.
Rochester, NY
(Shipper)
Failed to develop and adhere to a security plan.
[172.800(b)]
Case No. 05-0427-SC-EA
$4,050
Airgas Mid America, Inc.
Lexington, KY
(Shipper)
Failed to develop and adhere to a security plan.
[172.800(b)]
Case No. 05-0171-SC-CE
$2,813
Airstar of Tennessee
Chattanooga, TN
(Shipper)
Offered sulfur dioxide, 2.3, UN1079, poisonous inhalation hazard, zone C, accompanied by a shipping paper that failed to list the (1) proper shipping name, (2) hazard class, and (3) UN identification number for the material; failed to develop and adhere to a security plan; failed to provide recurrent hazmat training and initial security awareness training.
[172.202(a)(1), (2) and (3), 172.800, 172.704(c)(2), 172.704(d), 172.802, 172.704(a)(4), 173.22(a)(1), 172.203(m)(2)]
Case No. 05-0380-SC-SO
$11,836
Air Weld, Inc.
Knoxville, TN
(Shipper)
Fined for infractions of the 49 CFR HMR.
[172.800(b), 172.704(d), 172.702(b), 172.702(a)(1)-(3), 172.704(A)(4)]
Case No. 05-0553-SC-SO
$4,400
Akemi North America, Inc.
Holbrook, NY
(Shipper)
Failed to register with PHMSA; offered resin solution, 3, accompanied by a shipping paper that failed to list additional information after the basic shipping description; and other infractions of the 49 CFR HMR.
[107.601(a)(6), 172.800(b), 172.201(a)(4), 172.802, 107.608(a) and (b)]
Case No. 05-0482-SP-EA
$2,850
Alco-Duke, Inc
Fort Smith, AR
(Shipper)
Offered sodium hydroxide solution, 8, accompanied by a shipping paper that failed to include a (1) proper shipping name, (2) hazard class or division, (3) UN identification number, (4) packing group, (5) shipper’s certification, and (6) emergency response telephone number; failed to provide general awareness, function-specific, safety, and security awareness training; failed to close UN-certified 55-gallon closed-head plastic drums in accordance with the manufacturer’s closure notification; failed to perform a leak-proofness test on a used 55-gallon drum prior to reuse.
[172.201(d), 172.702(b), 172.202(a)(1)-(4), 172.604(a), 172.204(a), 172.704(a)(1)-(4), 173.24(f)(2), 173.22(a)(2), 173.22(a)(4), 173.28(b)(2)]
Case No. 05-0200-SD-SW
$10,413
Alden Medical, LLC
West Springfield, MA
(Shipper)
Offered hydrogen peroxide and peroxyacetic acid mixtures, stabilized, 5.1(8), in UN-certified combination packages that were not closed in accordance with the manufacturer’s closure notification; failed to register with PHMSA; failed to mark packages in accordance with approval CA-0010008 and the HMR.
[173.22(a)(4), 173.24(f)(2), 172.702(a), 107.608(a) and (b), CA-0010008, 178.503(a)(2)]
Case No. 05-0254-SB-EA
$1,610
Aldrich Chemical Company, Inc.
Allentown, PA
(Shipper)
Offered toxic liquid, organic, n.o.s, (ethylene chlorohydrin, chloroform), 6.1, PGI, inhalation hazard zone B, in unauthorized UN standard combination packages that failed to include the required inner packaging system; offered toxic liquid, organic, n.o.s. (ethylene chlorohydrin, chloroform), 6.1, accompanied by a shipping paper that failed to (1) provide the correct packing group, and (2) identify the material as zone B toxic/poison inhalation hazard; failed to mark the packages “inhalation hazard”; and failed to properly label packages for inhalation hazard material.
[173.22(a)(2), 173.226(c), 172.202(a)(4), 172.203(m), 173.227(a), 172.402(c), 172.400(a)(1), 172.313(a)]
Case No. 04-068-SB-EA
$12,190
Alloy Welding Supply, Inc.
Sapalpa, OK
(Shipper)
Failed to develop and adhere to a security plan; failed to provide general awareness, function-specific, safety, and security awareness training, and create and retain training records.
[172.800(b), 172.702(b), 172.704(d), 172.704(a)(1)-(4)]
Case No. 05-0147-SC-SW
$3,480
Alverno Clinical Laboratories, Inc.
Chicago Heights, IL
(Shipper)
Offered diagnostic specimens, 6.2, without placing required absorbent material between the primary and secondary packagings.
[173.199(b)]
Case No. 05-0556-SB-CE
$4,125
Amerco
Houston, TX
(Cylinder Retester)
After equipment malfunction, repeated the test at the same pressure, rather than at 10 percent or 100 psi higher (whichever is lower); failed to verify the accuracy of the test equipment at any point within 500 psi of the actual test pressure for test pressures at or above 3,000 psi; failed to maintain complete records of cylinder requalification.
[180.205(g)(5), 180.205(g)(3)(i), 180.215(b)(2)]
Case No. 04-227-CR-SW
$3,000
American East Explosives, Inc.
Union, MO
(Shipper)
Offered and transported Class 1.1 explosives and Class 1.4 detonators on a single transport vehicle, stored in containers or compartments that failed to meet the minimum construction requirements of the Institute of Makers of Explosives, Safety Library Publication No. 22; failed to provide in-depth security training or create and maintain training records; offered and transported Class 1 explosives, accompanied by shipping papers that listed incorrect or incomplete EX numbers for the materials.
[177.835(g)(i) and (ii), 172.704(a)(5), 172.320(d), 172.704(d)]
Case No. 05-0470-SE-CE
$9,800
American Gases Corporation
Gurnee, IL
(Shipper)
Failed to develop and implement a complete security plan; failed to provide general awareness, function-specific, safety, security awareness, and in-depth security training; failed to register with PHMSA.
[172.800(b), 172.704(d), 172.702(a), 172.704(a)(1)-(5), 107.608(a) and (b), 172.802]
Case No. 05-0617-SC-CE
$4,760
American Iron & Metal Company (USA), Inc.
Cranston, RI
(Shipper)
Offered isopropanol solution, 3, in unauthorized, non-UN standard combination packaging; failed to develop and adhere to a security plan; failed to register with PHMSA.
[173.22(a)(2), 173.202(b), 172.802(a) and (b), 107.608(a) and (b), 172.800(b)]
Case No. 05-0179-SB-EA
$6,000
American Niagara Company
Norcross, GA
(Shipper)
Failed to register with PHMSA; failed to provide hazmat employees with general awareness, function specific, safety training, or security awareness training; offered hexanes, 3 accompanied by a shipping paper that failed to provide the shipping description in proper sequence; and other infractions of the HMR.
[172.802(b), 172.800(b)(7), 107.608(a) and (b), 172.702(a), 172.202(b), 172.202(a)(1-4), 172.704(a)(1), (2) and (4), 107.601(a)(6)]
Case No. 05-0541-SD-SO
$5,100
American Oxygen Company, Inc.
Roswell, NM
(Shipper)
Fined for infractions of the 49 CFR HMR.
[172.800(b)]
Case No. 05-0369-SC-SW
$3,000
American Port Services
Auburn, WA
(Shipper)
Offered corrosive liquid, n.o.s. (sulfuric acid), 8, in unauthorized non-UN standard combination packages; failed to provide general awareness, function-specific, safety, and security awareness training.
[173.22(a)(2), 172.702(a), 172.704(a)(1)-(4), 173.202(b)]
Case No. 06-0148-SB-SO
$8,170
Anachemia
Science Sparks, NV
(Shipper)
Failed to register with PHMSA; and other infractions of the HMR.
[172.704(a)(4) and (5), 107.601(a)(6), 172.802, 107.608(b), 172.800(b)]
Case No. 05-0646-SB-SW
$4,350
Anderson Fire Equipment Company, Inc.
Bay Shore, NY
(Cylinder Retester)
Failed to condemn DOT exemption cylinders for excessive permanent expansion; failed to confirm the pressure-indicating device on the test equipment was (1) accurate within one percent of the test pressure of the cylinders being tested that day or (2) accurate at any point within 500 psig of the actual test pressure for test pressures at or above 3,000 psig; failed to test cylinders at the required minimum test pressure and failed to verify the rejection elastic expansion for exemption cylinders; failed to provide recurrent training, or create and retain training records; failed to maintain (1) copies of pertinent sections of the regulations, (2) copies of applicable DOT exemptions for exemption cylinders being tested, and (3) applicable CGA pamphlets; failed to maintain complete and accurate records of daily calibration and cylinder requalification; failed to condemn cylinders by stamping X’s over the specification marking, stamping “condemned” onto the cylinders, or rendering them incapable of holding pressure.
[180.205(i)(1)(vii) and (2), DOT-E 9634, 180.205(g)(4), 180.205(g)(3)(i), 180.209(a)(1), 172.704(d), 180.215(b)(1) and (2), 180.215(a), 172.704(c)(2), 172.702(b), 180.205(i)(2), DOT-E 10915]
Case No. 04-394-CR-EA
$5,000
Argents Air Express Ltd.
Romulus, MI
(Shipper)
Failed to develop and adhere to a security plan or provide in-depth security training.
[172.702(a), 172.704(a)(5), 172.800]
Case No. 05-0408-SD-CE
$3,375
Arrow Box Company of Joplin
Joplin, MO
(Box Manufacturer)
Manufactured, marked, certified, and sold combination packaging as meeting the UN4G standard, when design qualification testing was not conducted.
[178.601(l), 178.601(e), and 178.601(d)]
Case No. 04-146-BM-CE
$11,750
Arlington Chemical Company, Inc.
Hyattsville, MD
(Shipper)
Offered paraformaldehyde, 4.1, in unauthorized non-UN standard non-bulk packaging; offered formaldehyde, 8, in a packaging that was not marked with the proper shipping name and UN identification number for the material or with required orientation arrows; offered formaldehyde, 8, as a limited quantity accompanied by a shipping paper that (1) failed to indicate limited quantity and (2) failed to provide a unit of measure; failed to create and maintain training records.
[173.22(a)(2), 173.213, 172.301(a), 172.312(a)(2), 172.202(a)(5), 172.203(b), 172.704(d), 172.702(b), 172.315]
Case No. 04-603-SB-EA
$3,000
Arrowhead Industrial Services
Huntsville, AL
(Independent Inspection Agency)
Represented and certified cylinders as meeting the DOT-3HT specification while (1) failing to conduct a complete internal visual inspection of the cylinders and (2) failing to witness the magnetic particle inspection of the cylinders.
[178.35(c)(3)(ii), 178.35(c)(3)(v), 178.35(c)(3)(v)]
Case No. 05-0403-IIA-HQ
$4,000
Arrowhead Industrial Services, Inc.
Springboro, OH
(Independent Inspection Agency)
Represented and certified cylinders as meeting the DOT-3AL specification when the cylinders had markings permanently applied into the sidewall.
[178.35(c)]
Case No. 05-0366-IIA-CE
$9,075
Associated Paint Company, Inc.
Medley, FL
(Shipper)
Failed to develop and adhere to a security plan; offered paint, 3, in UN-certified non-bulk packages that were not marked with the proper shipping name and UN identification number for the material and were not labeled; failed to register with PHMSA.
[172.800(b), 172.802(b), 172.400(a), 107.608(a) and (b), 172.301(a)]
Case No. 05-0394-SD-SO
$6,000
Assurance Fire Protection, LLC
El Paso, TX
(Cylinder Retester)
Failed to verify the accuracy of the test equipment to within one percent of the calibrated cylinder’s pressure and corresponding expansion values; failed to perform system calibration prior to test.
[180.205(g)(3) and (4)]
Case No. 05-0521-CR-SW
$2,193
Astro Chemicals, Inc.
Springfield, MA
(Shipper)
Offered methyl ethyl ketone, 3, in an intermediate bulk container (IBC) that had not been subjected to required periodic visual inspection and leak-proofness testing; failed to develop a complete security plan.
[173.35(a), 173.242(d), 180.352(a), 172.802(a), 172.800(b)]
Case No. 05-0251-SIBC-EA
$4,470
Atlantic Associates International, Inc.
Pennsauken, NJ
(Shipper)
Offered hydrochloric acid and sulfuric acid in unauthorized non-bulk packaging; represented, marked, labeled, and documented a shipment as hazardous material, when the material was not hazardous.
[173.28(b)(2), 173.28(b)(4)(i), 172.401(a)(1), 172.202(e), 2.303(a)]
Case No. 03-063-SP-EA
$6,000
Atomic Inspection Labs
Albuquerque, NM
(Shipper)
Offered and transported radioactive material, special form, n.o.s., 7, in Type B(U) packaging that failed to comply with 10 C.F.R. Part 71 and was not approved by the NRC; offered and transported radioactive materials, special form, 7, in Type B(U) packaging without being registered with the NRC for package certificates 9269, 9296, and 9283, and in packages that were not marked with the proper package identification number; failed to perform required quality control checks; failed to create and maintain employee training records.
[173.471, 173.416(a), 173.475, and 172.704(d)]
Case No. 03-202-RMS-SW
$8,000
Auto-Chlor System
Sacramento, CA
(Shipper)
Failed to create and retain training records.
[172.702(b), 172.704(d)]
Case No. 06-0140-SB-SW
$315
Auto-Chlor System of West Texas, Inc.
Abilene, TX
(Shipper)
Offered and transported corrosive liquid, basic, inorganic, n.o.s. (potassium hydroxide), and corrosive liquid, basic, inorganic, n.o.s. (sodium hydroxide), in unauthorized non-UN standard combination packages; failed to provide general awareness, function-specific, safety, and security awareness training; failed to close UN-certified 30-gallon closed-head plastic drums in accordance with the manufacturer’s closure notification; offered and transported corrosive liquid, basic, inorganic, n.o.s., (potassium hydroxide), 8, and other hazardous materials without properly describing them on the shipping papers.
[173.22(a)(2), 173.202(a), 172.702(b), 173.24(f)(2), 172.202(a)(1)-(4), 172.200(a), 172.704(a)(1)-(4), 173.22(a)(4)]
Case No. 04-531-SB-SW
$8,000
B&R Products, Inc.
Miami, FL
(Fiberboard Box Manufacturer/Shipper)
Offered corrosive liquid, n.o.s. (phosphoric acid), in unauthorized non-UN standard combination packages; failed to close UN-certified 55-gallon closed-head plastic drums in accordance with the manufacturer's closure notification; failed to provide general awareness and function-specific training; failed to register with RSPA; represented, marked, and certified combination packages as meeting the UN4G/Y20/S standard, when design qualification testing was not conducted.
[173.22(a)(2), 173.22(a)(4), 172.702(b), 172.704(a)(1) and (2), 173.24(f)(2), 107.608(b), 173.203, 178.601(d), 178.2(b)] Case. No. 03-281-BMS-SO
$8,480
BGR Enterprises, Inc.
DBA Penn Oxygen & Supply Company
Jeanette, PA
(Shipper)
Failed to develop and adhere to a security plan; offered argon, refrigerated liquid, 2.2, and nitrogen, refrigerated liquid, 2.2, accompanied by a shipping paper that included additional information interspersed within the shipping descriptions; failed to provide recurrent general awareness, function-specific, and safety training and initial security awareness training.
[172.704(c)(2), 172.202(b), 172.201(a)(4), 172.704(a)(4), 172.800(b), 172.802, 172.702(a)]
Case No. 05-0487-SC-EA
$3,400
BJ’s Wholesale Club, Inc.
Natick, MA
(Shipper)
Offered fireworks, 1.4G, in unauthorized non-UN standard combination packages; failed to register with PHMSA; failed to develop and adhere to a security plan; offered fireworks, 1.4G, in packagings that were not marked with the explosive approval number for the material, or alternatively, accompanied by a shipping paper that indicated the explosive approval number; failed to provide general awareness, function-specific, safety, and security awareness training.
[173.22(a)(2), 173.24(c), 173.62(b), 107.608(a) and (b), 172.800, 172.802, 172.320(a) and (d), 172.702(b), 172.704(a)(1)-(4)]
Case No. 05-0552-SE-EA
$9,950
Baker Atlas
Pearland, TX
(Shipper)
Offered waste, charges shaped, without detonator, in unauthorized UN standard packagings; failed to develop and adhere to a security plan.
[173.62, 173.22(a)(2), 172.802, 172.800(b)] Case 05-0372-RMSE-SW
$8,500
Bar’s Products International
Gardena, CA
(Freight Forwarder)
Failed to provide general awareness, function-specific, safety, and security awareness training; offered flammable liquid, n.o.s. (methyl isobutyl carbinol), 3, accompanied by a shipping paper that (1) provided additional information before and interspersed within the basic shipping description, and (2) failed to indicate the technical name of the material in parentheses; failed to register with PHMSA.
[172.704(a)(1)-(4), 172.202(a)(4) and (b), IMDG Code 3.1.2.8.1, 5.4.1.2.2 and 5.4.1.4.1, 172.203(k), 172.201(a)(4), 172.702(a) and (b), 107.608(a) and (b)]
Case No. 05-0560-FF-WE
$2,385
Bearden Oil Company
Eastman, GA
(Shipper)
Failed to develop and adhere to a security plan; failed to close UN-certified closed-head 55-gallon steel drums in accordance with the distributor’s closure notification; failed to provide general awareness, function-specific, safety, and security awareness training.
[172.800(b), 172.802(a) and (b), 173.24(f)(2), 172.704(a)(1)-(4), 172.702(b), 173.22(a)(4)]
Case No. 05-0376-SD-SO
$6,250
Bekins Fire & Safety Services
Sioux City, IA
(Cylinder Retester)
Failed to demonstrate the accuracy of the pressure-indicating device on the test equipment at a point within 500 psig of the actual test pressure for pressures at or above 3,000 psig.
[180.205(g)(3)(i)]
Case No. 05-0577-CR-CE
$2,054
Berenfield Containers, Inc.
Easton, PA
(Foreign Drum Manufacturer)
Represented, marked, certified, and sold packagings as meeting the UN1G/Y120/S standard when the drums had not been subjected to design qualification testing; failed to provide recurrent general awareness and function-specific training.
[178.601(d), 178.2(b), 172.704(a)(1) and (2), 172.702(a), 172.704(c)(2)]
Case No. 05-0352-FDM-EA
$9,200
Best-Rite Manufacturing
Temple, TX
(Shipper)
Failed to develop and adhere to a security plan; failed to provide employee training, including security awareness training; failed to register with RSPA/PHMSA.
[172.802(a) and (b), 172.704(a), 172.800(b), 107.608(b), 107.601(a)(6), and 172.702(b)]
Case No. 05-0520-SD-SW
$6,295
Beth Israel Medical Center
New York, NY
(Shipper)
Offered regulated medical waste, 6.2, in inner plastic bags that were not closed as required.
[173.22(a)(2), 173.197(e)(1)(ii)]
Case No. 05-0214-SBG-SW
$4,500
Betterbilt Chemicals, Inc.
La Verne, CA
(Shipper)
Offered sulfuric acid in unauthorized non-UN standard combination packages.
[173.22(a)(2), 173.202]
Case No. 00-157-SB-WE
$3,750
Bio Systems
A Stericycle Company
Sturtevent, WI
(Shipper)
Accepted and transported regulated medical waste, 6.2, in non-UN standard packages under a DOT exemption, when the packagings failed to meet the requirements of that exemption.
[173.22a(b), DOT E-13556]
Case No. 04-407-EX-CE
$7,080
Bio-Scientific Specialty Products, Inc.
Freeport, NY
(Shipper)
Offered acetone in an unauthorized non-UN standard combination packages; offered hazardous material in a packaging that was not marked with the UN identification number for the material.
[173.22(a), 173.202(a), 172.301(a)]
Case No. 03-079-SB-EA
$500
Bix Enterprises, Inc.
Ashland City, TN
(Shipper)
Failed to register with PHMSA; failed to provide general awareness, function-specific, and security awareness training; and other infractions of the HMR.
[172.802(a) and (b), 107.601(a)(6), 172.704(a)(1), (2) and (4), 172.702(a), 107.608(a) and (b), 172.800(b)]
Case No. 05-0471-SD-SO
$4,275
Blue Line Corporation
San Antonio, TX
(Shipper)
Failed to develop and adhere to a security plan; failed to provide security awareness training.
[172.800(b), 172.704(a)(4), 172.702(b), 172.802(a) and (b)]
Case No. 05-0522-SD-SW
$1,000
Blue’s Fire Extinguisher Service, Inc.
Johnstown, PA
(Cylinder Retester)
Failed to perform system calibration prior to testing, and failed to calibrate test equipment at a pressure within 500 psig of actual test pressures; failed to maintain complete and accurate records of cylinder requalification.
[180.205(g)(3) and (4), 180.215(b)(2)]
Case No. 06-0103-CR-EA
$3,115
Borinquen Packaging Group
Hatillo, Puerto Rico
Fiber Drum Manufacturer)
Represented, manufactured, marked, and sold 10-gallon, 28-gallon, and 41-gallon fiber drums as meeting the UN1G standard when required periodic retesting was not conducted; failed to provide security awareness training; failed to create and maintain complete records of periodic retest; represented, manufactured, marked, and sold fiber drums as meeting the UN 1G standard, when the design qualification stack test was not conducted correctly; failed to mark UN standard fiber drums with the correct year of manufacture.
[178.2(b)(1) and (2), 172.704(a)(4), 172.702(a), 178.601(b), (e) and (l), 178.606, 178.2(b)(1) and (2), 178.503(a)(6), 178.606, 178.603]
Case No. 06-0094-FDM-SO
$7,420
Brandt Industries, Inc.
Chattanooga, TN
(Shipper)
Offered compounds, cleaning liquid (potassium hydroxide), 8, in unauthorized non-UN standard open-head plastic drums; failed to create and maintain training records; failed to register with RSPA.
[173.22(a)(2), 173.202(c), 172.704(d), 107.608(a) and (b)]
Case No. 03-280-SP-SO
$4,900
Brenntag Southeast, Inc.
Durham, NC
(Shipper)
Offered formic acid, 8, in an unauthorized non-UN standard bulk packaging; offered acetone, 3, and methanol, 3, in UN-certified 55-gallon closed-head steel drums that were not closed in accordance with the manufacturer's closure notification.
[173.22(a)(2), 173.22(a)(4), 173.24(f)(2), 173.242(c)]
Case No. 04-555-SPT-SO
$4,600
Bretheran, Inc.
DBA Fire Safety First
Santa Ana, CA
(Cylinder Retester)
Represented, marked, and certified cylinders as successfully retested when the pressure-indicating device on the test equipment could not be read to an accuracy of one percent of total pressure and expansion or to 0.1 cubic centimeters; failed to provide general awareness and function-specific training; failed to maintain current copies of the applicable regulations and Compressed Gas Association (CGA) pamphlets; failed to maintain complete and accurate records of cylinder requalification; failed to notify the cylinder owners in writing that their cylinders have been condemned.
[180.205(g)(3)(i) and (ii), 172.704(a)(1) and (2), 180.205(g)(4), 180.215(b), (b)(1) and (2), 180.205(h)(2), 172.702(b), 180.215(a)(3) and (6)]
Case No. 04-082-CR-EA
$4,725
Brewer’s Printing Ink of Georgia, Inc.
Atlanta, GA
(Shipper)
Offered 2-dimethylaminoethanol, 8, in unauthorized non-UN standard combination packaging; failed to mark packages with the proper shipping name and UN identification number for the material and label them with the primary and subsidiary warning labels.
[173.22(a)(2), 172.402(a)(1), 173.202(a), 172.312(a), 172.301(a)]
Case No. 05-0604-SB-SO
$9,000
Brewers Printing Ink
Atlanta, GA
(Shipper)
Failed to develop and adhere to a security plan.
[172.800(b), 172.802(a) and (b)]
Case No. 05-0438-SD-SO
$3,375
Brody Chemical Salt
Lake City, UT
Commerce City, CO
(Shipper)
Failed to register with PHMSA; offered paint related material, 3, and hypochlorite solution, 8, in unauthorized non-UN standard non-bulk packagings; offered hazardous materials accompanied by shipping papers that failed to provide the proper shipping names for the materials; offered paint related material, 3, without preparing a hazardous material shipping paper; offered paint related material in packagings that were not marked with the proper shipping name and UN identification number for the material; failed to create and retain hazmat training records.
[172.704(d), 107.608(b), 173.22(a)(2), 173.202(a) and (c), 172.200(a), 172.301(a)] Case Nos. 03-243-SP-SW and 03-244-SP-SW
$12,000
Burbank Barrel & Drum, Inc.
Galena Park, TX
(Drum Reconditioner)
Represented, marked, certified, and sold UN standard 1A2 steel drums as meeting the requirements of the HMR when they were not capable of passing the drop, leak-proofness and hydrostatic pressure tests.
[178.603, 178.604, 178.605, 173.28(c)]
Case No. 05-0401-DR-SW
$16,500
Burks, Inc.
High Point, NC
(Shipper)
Failed to develop and adhere to a security plan.
[172.800(b), 172.802(a) and (b)]
Case No. 05-0437-SD-SO
$3,375
Butler Gas Products Company
McKees Rocks, PA
(Cylinder Retester)
Failed to verify the accuracy of the test equipment to within one percent of the calibrated cylinder’s pressure and corresponding expansion values; failed to calibrate the test equipment at a pressure within 500 psig of actual test pressures.
[180.205(g)(3)(i), 180.215(b)(2), 180.205(g)(4) and (5)]
Case No. 04-367-CR-EA
$4,000
Cabezut International, Inc.
Laredo, TX
(Freight Forwarder)
Failed to develop and adhere to a security plan; failed to provide security awareness training; failed to register with PHMSA.
[172.800, 172.802, 172.702(b), 172.704(a)(4), 107.608(b)]
Case No. 05-0167-FF-SW
$1,500
Caldwell Chemical Coatings Corporation
Fayettville, TN
(Shipper)
Filled and offered paint, 3, in intermediate bulk containers that had not been retested at the required intervals, and therefore unauthorized; failed to provide general awareness, function-specific, and safety training, or create and retain training records; failed to mark intermediate bulk containers with the proper shipping name and UN identification number of the material; offered paint accompanied by a shipping paper that did not include a shipper's certification; offered a non-hazardous material marked as a hazardous material.
[180.352(a), 173.242(d), 173.240(d), 172.704(a)(1)-(3), 172.704(d), 172.301(a), 172.204(a), 173.22(a)(2), 172.702(b), 172.303(a)]
Case No. 04-282-SIBC-SO
$3,900
Calico Welding Supply Company
Texas City
(Shipper)
Offered and transported hazardous materials accompanied by shipping papers that failed to include an emergency response telephone number; failed to register with RSPA; failed to provide general awareness, function-specific, safety, and security awareness training; failed to develop and adhere to a security plan.
[172.201(d), 107.608(b), 172.604(a), 172.704(a)(1)-(4), 172.800(b), 172.802(a) and (b), 172.702(a)]
Case No. 05-0082-SC-SW
$1,100
Capitol Transportation, Inc.
Puerto Nuevo, Puerto Rico
(Shipper)
Offered vehicle, flammable gas powered, 9, by vessel with the ignition key in the ignition; offered vehicle, flammable gas powered, 9, for transportation by vessel with the fuel tank more than one fourth full; offered vehicle, flammable gas powered, 9, in a closed freight container by vessel without affixing the required warning to the container's access doors.
[176.905(a)(6), 176.905(a)(2), and 176.905(a)(5)]
Case No. 04-539-SA-SW
$7,470
Carboline Company
Atlanta, GA
(Shipper)
Fined for infractions of the 49 CFR HMR.
[172.800(b), 172.802(a) and (b)]
Case No. 05-0473-SD-SO
$3,375
Carbone of America, Ltd.
St. Marys, PA
(Shipper)
Failed to develop and adhere to a security plan; offered alcohols, flammable, toxic, n.o.s. (containing denatured alcohol and phenolic varnish), 3 (6.1), accompanied by a shipping paper that failed to include the proper shipping name and subsidiary hazard class; failed to provide general awareness, function-specific, safety, and security awareness training.
[172.802, 172.800(b)(7), 172.202(a)(1) and (2), 172.702(b), 172.704(a)(1)-(4), and 172.200(a)]
Case No. 05-0320-SD-EA
$4,800
Carolina Carbonic and Hydro Testing, Inc.
Greensboro, NC
(Cylinder Retester)
Failed to develop and adhere to a security plan.
[172.800, 172.802]
Case No. 05-0483-CR-SO
$2,500
Certol International, Inc.
Denver, CO
(Shipper)
Offered hypochlorite solution, 8, in drums that were not labeled as required; failed to mark packages with the proper shipping name and UN identification number for the material.
[172.301(a), 172.400(a)]
Case No. 03-519-SD-SW
$2,500
Chem Arrow Corporation
Irwindale, CA
(Shipper)
Failed to develop and adhere to a security plan; failed to provide security awareness training.
[172.702(a), 172.704(a)(4), 172.802(a), 172.800(b)]
Case No. 05-0353-SIBC-WE
$2,475
Chem-Stat
Tampa, FL
(Shipper)
Offered isopropanol, 3, in unauthorized non-UN standard combination packages; failed to register with RSPA; failed to provide general awareness, function-specific, and safety training.
[173.22(a)(2), 173.202, 172.704(a)(1)-(3), 172.702(b), 107.608(b)]
Case No. 03-270-SB-SO
$3,600
Chem-Tech Solution, Inc.
Belmont, NC
(Shipper)
Failed to subject a used UN-certified drum to a leak-proofness test prior to reuse; failed to register with RSPA, failed to develop and adhere to a security plan; failed to provide recurrent general awareness and function-specific training and initial security awareness training.
[173.22(a)(4), 173.28(b)(2), 107.608(a) and (b), 172.802(a) and (b), 172.800(b), 172.704(c)(2), 172.704(a)(4), 172.702(a) and (b), 173.24(c)(1)]
Case No. 04-176-SD-WE
$6,250
ChemLine, Inc.
Kissimmee, FL
(Shipper)
Failed to develop and adhere to a security plan; offered corrosive liquid, acidic, inorganic, n.o.s., (hydrochloric acid and phosphoric acid) 8, in a 55-gallon closed-head plastic drum that was not closed in accordance with the manufacturer's closure notification; failed to provide general awareness, function-specific, safety, and security awareness training.
[172.800(b), 173.24(f)(2), 172.702(b), 173.22(a)(4), 172.802(b), 172.704(a)(1)-(4)]
Case No. 06-0092-SD-SO
$6,575
Chemcraft International, Inc.
Winston Salem, NC
(Shipper)
Offered flammable liquid, corrosive, n.o.s. (ethyl acetate, toluene, sulphonic acid), 3, 8, in an unauthorized non-UN standard combination package; failed to label a hazardous material package as required.
[172.406(c), 173.202(a), 173.22(a)(2)]
Case No. 06-0105-SB-EA
$5,250
Chemcraft Systems, LLC
Cullman, AL
(Shipper)
Failed to develop and adhere to a security plan.
[172.800(b)]
Case No. 05-0539-SD-SO
$1,125
Chemical Consultants, Inc.
Corona, CA
(Box Manufacturer/ Shipper)
Failed to close UN-certified 30-gallon closed-head plastic drums in accordance with the manufacturer's closure notification.
[173.24(f)(2), 173.22(a)(4)]
Case No. 04-173-BMS-WE
$1,000
Chemical Specialties, LLC
Memphis, TN
(Shipper)
Failed to develop and adhere to a security plan; failed to close UN-certified 5-gallon plastic jerricans in accordance with the manufacturer’s closure notification; offered compounds, weed-killing, liquid, n.o.s. (contains sodium chlorate), 8, in used UN-certified 55-gallon plastic drums that had not been leak-proofness tested prior to reuse; failed to provide general awareness, function-specific, and safety training.
[172.800(b), 178.601(b), 173.24(c) and (f)(2), 172.704(d), 173.202, 173.28(b)(2), 173.22(a)(2) and (4), 178.2(c), 172.702(b), 172.704(a)(1)-(3)]
Case No. 05-0282-SD-SO
$6,600
Chemlogic, Inc.
Rayne, LA
(Shipper)
Failed to close packaging in accordance with the manufacturer's closure notification.
[173.22(a)(4), 173.24(f)(2)]
Case No. 04-528-SD-SW
$1,750
Chesapeake Bay Diving Center, Inc.
Portsmouth, VA
(Cylinder Retester)
Failed to calibrate test equipment at a pressure within 500 psig of actual test pressures; failed to maintain current copies of the applicable regulations and DOT exemptions; failed to increase test pressure by the lesser of 10% or 100 psi during a second retest attempt after equipment malfunction; failed to create and maintain employee training records; failed to maintain complete records of cylinder re-qualification.
[180.205(g)(3)(i), 180.215(a)(4) and (5), 180.205(g)(5), 172.704(d), 172.702(a), 180.215(b)(1) and (2)]
Case No. 05-0456-CR-EA
$7,605
Children’s Hospital
Columbus, OH
(Shipper)
Offered regulated medical waste, 6.2, in packagings with closures that were not secure and leak proof and therefore unauthorized; offered asbestos, 9, accompanied by a shipping paper that failed to include an emergency response telephone number; failed to provide general awareness training; failed to develop and adhere to a security plan.
[173.197(b), 172.604(a), 172.202(a)(2)-(4), 172.702(a), 172.800(b)(7), 172.802, 172.704(d), 172.704(a)(1), 172.704(a)(5), 173.24(f)(1)(ii)]
Case No. 05-0569-SIBC-CE
$12,355
Christmas by Krebs
Roswell, NM
(Shipper)
Offered residue, paint, 3, accompanied by a shipping paper that failed to provide the (1) proper shipping name, (2) hazard class, (3) UN identification number, and (4) packing group for the material; failed to develop and adhere to a security plan; failed to close UN-certified 55-gallon closed-head steel drums in accordance with the manufacturer's closure notification; failed to provide general awareness, function-specific, safety, and security awareness training; failed to register with PHMSA
[172.202(a)(1)-(4), 172.800(b), 173.24(f)(2), 173.22(a)(4), 172.802, 172.704(a)(1)-(4), 172.203(e)(1), 107.608(a) and (b), 172.702(b), 173.29(a)]
Case No. 05-0371-SD-SW
$7,000
City Chemical, LLC
West Haven, CT
(Fiber Box Manufacturer/ Shipper)
Offered sodium cyanide, 6.1 in unauthorized UN standard packaging; represented, marked, and certified combination packages as meeting the UN4G standard when design qualification testing and periodic retesting had not been conducted.
[173.22(a)(2), 178.601(d) and (e), 178.606, 178.603, 173.211(a)]
Case No. 02-620-BMS-EA
$5,000
Clark & Company, Inc.
Orange, TX
(Shipper)
Failed to properly classify a material as hazardous which resulted in offering an undeclared shipment that was not properly marked, labeled, placarded, and documented on shipping papers; discharged hazardous material from an IBC while it remained on the transport vehicle; failed to register with PHMSA; offered and transported hazardous material in an unauthorized non-UN standard portable tank; failed to close UN standard 55-gallon closed-head plastic drums in accordance with package distributor's closure instruction; failed to provide general awareness, function-specific, safety, and security awareness training; and other infractions of the 49 CFR HMR.
[173.22(a)(4), 173.24(f)(2), 172.704(a)(1)-(4), 172.702(b), 173.22(a)(2), 173.24(c), 173.242, 172.800(b), 172.802(a) and (b), 172.202(a), 172.302(a), 172.402(a), 172.502(a), 177.834(h), 107.601(a)(6), 107.608(b)]
Case No. 05-0120-SDIBC-SW
$550 (with
$7,950 held in abeyance because of financial hardship due to damage sustained in Hurricane Rita)
Clean Venture, Inc.
Elizabeth, NJ
(Shipper)
Accepted and transported bromine, 8, PGI, toxic by inhalation, zone A, without placarding the transport vehicle; accepted and transported bromine, 8, in an exemption package that was not closed in accordance with the exemption; accepted and transported bromine, 8, without securing the package to prevent shifting during normal transportation conditions or securing it in the proper orientation to prevent leaks or releases; accepted and transported bromine, 8, in a package that was not marked "inhalation hazard."; accepted and transported bromine, 8, accompanied by a shipping paper that failed to indicate "toxic-inhalation hazard" or provide the exemption number; failed to provide recurrent hazmat training.
[172.500(a), 177.834(a) and (b), DOT-E 10672, 172.704(c)(2), 172.702(b), 172.203(a) and (m), 172.313(a), 173.24(f), 173.22(a)(2), 172.505(a)]
Case No. 05-0073-SBD-EA
$13,800
Coast Gas Chattanooga, TN
(Shipper)
Transported liquefied petroleum gas, 2.1, in non-UN standard storage containers designed for permanent installation when the containers were charged to more than 5% of their water capacity.
[173.315(j)(4)]
Case No. 06-0080-SC-SO
$5,600
Coating Development Group, Inc.
Philadelphia, PA
(Shipper)
Offered paint, 3, accompanied by a shipping paper that listed an emergency response telephone number that is not monitored at all times the hazardous material is in transportation; offered paint, 3, in packages that were not marked with the proper shipping name of the material; failed to provide general awareness, function-specific, and safety training; failed to register with PHMSA.
[172.604(a)(1), 172.201(d), 172.301(a)(1), 172.300(a), 172.704(a)(1)-(3), 172.702(a), 107.608(a) and (b)]
Case No. 05-0628-SP-EA
$3,335
Colony Pool Service, Inc.
Wilmington, DE
(Shipper)
Offered hypochlorite solution, 8, in rigid plastic IBCs when periodic reinspection and retest were not performed; offered hazardous materials in IBCs that were not removed from the transport vehicle while their contents were being discharged; failed to retain copies of shipping papers for 375 days; and other infractions of the 49 CFR HMR.
[172.800(b), 172.704(a)(1)-(4), 172.702(b), 173.241(d), 177.343(h), 172.201(e), 173.22(a)(2), 180.352(a) and (b), 172.704(a)(4) and (5)]
Case No. 04-615-SIBC-EA
$8,000
Coatings Unlimited, Inc.
Bridgeton, MO
(Shipper)
Failed to provide general awareness, function-specific, and safety training or create and maintain training records.
[172.702(a), 172.704(a)(1)-(3), 172.704(d)]
Case No. 06-0169-SD-CE
$550
Columbia Fire Equipment, Inc.
Columbia, TN
(Shipper)
Failed to maintain current copies of the applicable portions of 49 C.F.R. and DOT exemptions pertaining to cylinders being tested at that facility; after equipment malfunction, repeated the test at the same pressure rather than at 10 percent or 100 psi higher (whichever is lower); failed to condemn cylinders for excessive permanent expansion; failed to provide recurrent general awareness and function-specific training; failed to maintain complete and accurate records of cylinder requalification.
[180.215(a)(4) and (5), 180.205(g)(5), 180.205(i)(1), 172.704(c)(2), 180.215(b)(2), 172.702(a)]
Case No. 04-290-CR-SO
$9,980
Columbus Fire & Safety
Columbus, GA
(Cylinder Retester)
Failed to provide general awareness and function-specific training; failed to demonstrate that the pressure-indicating device on the retest equipment was accurate at any point within 500 psig of the actual test pressure for test pressures at or above 3,000 psig and verify that the pressure-indicating device was accurate within plus or minus 0.5 percent or better throughout its full range; failed to maintain complete and accurate records of daily calibration and cylinder requalification; failed to provide written notification of cylinder condemnation to cylinder owners; failed to condemn a cylinder for excessive permanent expansion.
[172.702(a), 172.704(a)(1) and (2), 180.205(g)(3)(i), 180.205(a), 180.215(b)(1) and (2), 180.205(h)(2), 180.205(i)(1)(iv)]
Case No. 04-287-CR-SO
$11,010
Compressed Gas Western, Inc.
Seattle, WA
(Cylinder Retester/Shipper)
Failed to maintain complete records of cylinder requalification; failed to provide recurrent hazmat training.
[180.215(b)(2), 172.702(b), 172.704(c)(2)]
Case No. 05-0336-CRS-WE
$775
Coosa Valley Chemicals Gadsden, AL
(Shipper)
Failed to develop and adhere to a security plan; failed to register with PHMSA.
[172.800(b), 107.612, 107.608(b)]
Case No. 05-0542-SD-SO
$4,400
Copps Industries, Inc.
Mequon, WI
(Shipper)
Failed to develop and adhere to a security plan.
[172.800(b), 172.802(a) and (b)]
Case No. 05-0301-SPD-CE
$2,250
Crest Industrial Chemicals, Inc.
Houston, TX
(Shipper)
Failed to provide security awareness training; failed to develop and adhere to a security plan.
[172.800, 172.704(a)(4), 172.702(b), 172.802]
Case No. 05-0262-SDIBC-SW
$3,450
Crest Industries
New Lenox, IL
(Shipper)
Failed to provide general awareness, function-specific, safety, and security awareness training; offered RQ waste flammable liquid, n.o.s., 3, accompanied by a shipping paper that failed to provide (1) a shipper's certification and (2) an emergency response telephone number that is monitored at all times the hazardous material is in transportation; offered paint, 3, in unauthorized non-UN standard non-bulk packaging; failed to develop and adhere to a security plan.
[172.702(b), 172.204(d), 172.604(a)(1), 172.802, 172.704(a)(1)-(4), 173.22(a)(2), 173.173(b), 172.800]
Case No. 05-0310-SPD-CE
$7,750
Crowe Industrial Coatings, Inc.
Lawrenceville, PA
(Shipper)
Offered paint, 3, accompanied by a shipping paper that provided an invalid emergency response telephone number; failed to provide general awareness, function-specific, safety, and security awareness training.
[172.604(b), 172.704(a)(1)-(4), 172.702(b)]
Case No. 05-0593-SD-SO
$1,455
CylServ, Inc. W.
Conshohocken, PA
(Cylinder Retester)
Represented, marked, and certified a cylinder as authorized for requalification every 10 years by stamping it with a star, when it was not authorized for such a marking; failed to verify the accuracy of the test equipment to within one percent of the calibrated cylinder's pressure and corresponding expansion values, and failed to calibrate the test equipment at a pressure within 500 psi of the actual test pressure.
[180.209(b)(1)(i) and (vi), 180.205(g)(4), 180.205(g)(3)(i)]
Case No. 04-399-CR-EA
$2,800
D&D Gas, Inc.
Jacksonville, FL
(Shipper)
Failed to retain copies of shipping papers for at least 375 days; failed to provide general awareness, function-specific, and safety training.
[172.201(e), 172.702(a), 172.704(a)(1)-(3)]
Case No. 05-0546-SC-SO
$755
Dakota Fire Extinguishers
Minot, ND
(Cylinder Retester)
Failed to verify the accuracy of the test equipment to within one percent of the calibrated cylinder's test pressure and corresponding expansion values; tested and marked cylinders as successfully requalified after the calibrated cylinder recorded permanent expansion during system calibration.
[180.205(g)(4)]
Case No. 05-0418-CR-CE
$3,102
Dallas Steel Drums, Inc.
Dallas, TX
(Drum Reconditioner)
Represented, marked, certified, and sold reconditioned closed-head steel drums with plastic bung plugs as meeting the UN1A1Y/1.2/250 standard when the packaging was not capable of passing drop, leak-proofness, hydrostatic pressure, and vibration tests; represented, marked, certified, and sold reconditioned closed-head steel drums with steel bung plugs as meeting the UN1A1/Y1.2/250 standard when the packaging was not capable of passing the drop and hydrostatic pressure tests.
[173.28(a) and (c)(3)]
Case No. 04-212-DR-SW
$8,050
Danes Welding Supplies, Inc.
Ontario, NY
(Shipper)
Failed to develop and adhere to a security plan; failed to provide recurrent general awareness, function-specific, and safety training and initial security awareness training.
[172.800(b), 172.802(a) and (b), 172.704(a)(4), 172.704(c)(2), 172.702(a)]
Case No. 05-0429-SC-EA
$4,200
Dayton Superior
Kansas City, KS
(Shipper)
Offered petroleum distillates, n.o.s., 3, in unauthorized non-UN standard open-head steel pails.
[173.22(a)(2)]
Case No. 04-130-SP-CE
$3,907
Deist Safety
Glendale, CA
(Shipper)
Marked and certified cylinders as meeting the DOT 39 specification when they failed to meet that specification; marked cylinders with an erroneous manufacturer's symbol; failed to provide general awareness, function-specific, and safety training.
[178.2(b), 178.3, 172.702(b), 172.704(a)(1)-(3), 178.65(i)]
Case No. 03-020-SC-HQ
$2,400
Del Rio Welders Equipment, Inc.
Del Rio, TX
(Cylinder Retester)
Failed to condemn DOT exemption cylinders for excessive permanent expansion; failed to register with RSPA; offered oxygen, compressed, 2.2, accompanied by a shipping paper that provided an unauthorized emergency response telephone number.
[173.34(e)(6)(i)(F), 107.608(a), 172.604(b)]
Case No. 03-240-CR-SW
$9,000
Deleet Merchandising Corporation
DBA Printer’s Svcs
Newark, NJ
(Shipper)
Offered and transported various hazardous materials without preparing hazardous material shipping papers; offered various hazardous materials, accompanied by shipping papers that failed to provide (1) the proper shipping name, (2) hazard class, (3) UN identification number, (4) packing group, and (5) technical name for the material, (6) a signed shipper's certifications, and (7) emergency response telephone number; offered and transported various hazardous materials in intermediate bulk containers that were not marked with the UN identification number for those materials; offered and transported various hazardous materials in intermediate bulk containers that were not placarded, or in the alternative, labeled as required; offered phosphoric acid, 8, in quantities that exceeded the package's certified gross mass limit; represented, marked, and certified combination packages as meeting the UN4G standard, while failing to notify customers in writing of all requirements not met at the time of transfer, including closure and assembly instructions.
[172.201(d), 172.202(a)(1)-(5), (b), (c) and (d), 172.200(a), 172.302(a)(2), 172.514(a), 173.22(a)(2), 172.203(b), 172.604(a), 172.204(a) and (d), 172.315, 178.2(c)(1), 172.331(b)]
Case No. 04-384-SBIBC-EA
$8,930
Delta Supply
Miami, FL
(Shipper)
Offered corrosive liquids, n.o.s. (phosphoric acid), 8, in unauthorized non-UN standard combination packaging; offered corrosive liquids, n.o.s. (phosphoric acid), 8, in a package that was not labeled as required; failed to provide general awareness, function-specific, and safety training; offered various hazardous materials accompanied by shipping papers that failed to provide (1) the proper shipping name, (2) hazard class, (3) UN identification number, and (4) packing group for the materials and (5) an emergency response telephone number; offered corrosive liquids, n.o.s. (phosphoric acid), 8, and various other hazardous materials in packages that were not marked with the proper shipping names and UN identification numbers for the materials, and were not marked with required orientation arrows.
[173.22(a)(2), 172.400(a)(1), 172.702(b), 172.604(a), 172.704(a)(1)-(3), 172.406(a), 172.312(a)(2), 173.202(a), 172.201(d), 172.301(a), 172.202(a)(1)-(4)]
Case No. 03-285-SB-SO
$6,600
DeVan Sealants, Inc.
St. Louis, MO
(Shipper)
Failed to develop and adhere to a security plan; failed to provide general awareness and function-specific training.
[172.800(b), 172.702(a), 172.704(a)(1) and (2)]
Case No. 05-0291-SD-CE
$4,120
DeVere Chemical Company, Inc.
Janesville, WI
(Shipper)
Fined for infractions of the 49 CFR HMR.
[172.704(a)(4) and (a)(5), 172.702(b), 172.704(d), 172.800(b)]
Case No. 05-0417-SP-CE
$2,880
Dibs Chemical & Supply Company, Inc.
Gulfport, MS
(Shipper)
Failed to develop and adhere to a security plan; failed to create and retain hazmat training records.
[172.800(b), 172.704(d), 172.702(b), 172.802(a) and (b)]
Case No. 05-0257-SC-SO
$550
Dive Locker, The
Hyannis, MA
(Cylinder Retester)
Failed to calibrate the test equipment at a pressure within 500 psig of actual test pressures; after an equipment malfunction, repeated the hydrostatic test at the same pressure, rather than at 10 percent or 100 psi higher (whichever is lower).
[180.205(g)(3), 180.205(g)(5)]
Case No. 04-632-CR-EA
$2,700
Diver’s Cove & Sea Wolf II
Essex, CT
(Cylinder Retester)
Failed to maintain complete and accurate records of cylinder requalification; failed to verify the accuracy of the test equipment to within one percent of the calibrated cylinder's pressure and corresponding expansion values.
[180.215(b), 180.205(g)(4)]
Case No. 06-0004-CR-EA
$3,390
Diversified Chemical Products, Inc.
Kansas City, MO
(Shipper)
Failed to develop and adhere to a security plan.
[172.800(b)]
Case No. 05-0237-SB-WE
$2,800
Dole Explosives, Inc.
Rosemount, MN
(Shipper)
Offered and transported explosive, blasting, type B, 1.5D, when the material had previously been approved, but had not been re-submitted and reclassified prior to October 1, 1993; offered and transported various explosive materials, accompanied by shipping papers that variously failed to provide (1) the proper shipping name, (2) hazard class, (3) UN identification number, (4) packing group, (5) net explosive mass, and (6) "EX" approval number for the materials; failed to mark packages with the "EX" approval number for the materials; offered and transported explosive, blasting type D, 1.5D (emulsion) in cargo tanks that had not been subjected to periodic inspection and testing.
[173.51(a), 172.320(d), 180.407(a)(1), 180.407(e), 172.320(d), 172.202(a)(5)(i), 172.202(a)(1)-(4), 173.56(a)(2) and (b), 173.54(a)]
Case No. 05-0398-SE-CE
$10,500
Donovan Commercial Industries, Inc.
Nortonville, KY
(Shipper)
Failed to provide recurrent general awareness and safety training; failed to develop and adhere to a security plan and provide security training.
[172.704(c)(2), 172.702(b), 172.800(b), 172.704(a)(4) and (5)]
Case No. 06-0079-SE-CE
$6,810
Doublecote, LLC
Jackson, MS
(Shipper)
Failed to develop and adhere to a security plan; failed to create and maintain training records; failed to register with PHMSA.
[172.800(b), 172.704(d), 172.802(b), 107.608(a) and (b)]
Case No. 06-0098-SIBC-SO
$5,325
Drum Service Company of Florida
Zellwood, FL
(Drum Manufacturer)
Represented, marked, certified, and sold reconditioned steel drums marked as meeting the UN 1A2 standard when they were not capable of passing the drop and hydrostatic tests required by the HMR; represented, marked, certified, and sold remanufactured steel drums marked as meeting the UN 1A2 standard when they were not capable of passing the drop and hydrostatic tests required by the HMR.
[178.601(b), 178.603, 178.605, 173.28(c)(3), 173.28(d)]
Case No. 99-259-DM-SO
$5,000
Duchem Industries
Newnan, GA
(Shipper)
Failed to develop and adhere to a security plan.
[172.800(b), 172.802(b)]
Case No. 05-0322-SD-SO
$1,913
Duncan Supply Company, Inc.
Indianapolis, IN
(Shipper)
Failed to provide general awareness, function-specific, safety, and security awareness training or create and maintain training records.
[172.702(a), 172.704(a)(1)-(4), 172.704(d)]
Case No. 06-0149-SC-CE
$540
Dur-A-Flex, Inc.
East Hartford, CT
(Shipper)
Offered organic peroxide, type D, solid, 5.2, (dibenzoyl peroxide, 50%) in unauthorized non-UN standard open-head plastic pails; offered flammable liquid without describing the material on a shipping paper or providing emergency response information.
[173.22(a)(2), 173.225(a), 172.602(a), 172.201(d), 172.200(a)]
Case No. 05-0611-SP-EA
$7,650
ESS Group, Inc.
Tabernacle, NJ
(Plastic Drum Requalifier/Shipper)
Offered hypochlorite solutions, 8, in used UN-standard packagings that were not leak-proofness tested prior to reuse; failed to create and maintain hazmat training records; developed a security plan that failed to include a written assessment of transportation risks and failed to address en route security; represented and marked composite packagings, or caused them to be marked, as meeting the UN6HG2 standard, when periodic testing was not conducted.
[173.203(a), 173.28(b), 173.22(a)(2), 172.704(d), 172.802(a), 172.800(b), 178.601(e)]
Case No. 05-0573-PDM-EA
$4,850
Eagle Bridges Company, Inc.
Byron, GA
(Shipper)
Failed to develop and adhere to a security plan; failed to provide recurrent employee training, including security awareness training.
[172.802(b), 172.704(a)(1)-(4), 172.702(b), 172.704(c)(2), and 172.800(b)(7)]
Case No. 05-0357-SD-SO
$4,200
East Orange General Hospital
East Orange, NJ
(Shipper)
Offered regulated medical waste, 6.2, in a bulk outer packaging (BOP) when all of the material was not contained in non-bulk inner packagings.
[173.22(a)(2), 173.197(d)(1)(i)]
Case No. 04-388-SBG-EA
$4,400
East Texas Fire Protection, Ltd.
Palestine, TX
(Cylinder Retester)
Failed to verify the accuracy of the test equipment to within one percent of the calibrated cylinder's pressures and corresponding expansion values; failed to confirm the pressure indicating device on the retest apparatus was accurate at any point within 500 psig of the actual test pressure for test pressures at or above 3000 psig; failed to maintain complete and accurate records of cylinder requalification.
[180.205(g)(3)(i) and (4), 180.215(b)]
Case No. 06-0139-CR-SW
$2,450
Eastern Color & Chemical Company, Inc.
Providence, RI
(Shipper)
Offered methyl ethyl ketone, 3, in unauthorized 5-gallon plastic pails that were marked UN-certified, but were closed with lids that had not been tested as part of the design; offered hazardous materials, accompanied by shipping papers that variously failed to provide (1) the proper shipping name, (2) hazard class, (3) UN identification number, and (4) quantity of the materials, and (5) failed to indicate the shipping description in the required sequence; failed to provide function-specific training or create and maintain training records; offered methyl ethyl ketone, 3, in packages that were not marked with the proper shipping name and UN identification number for the material.
[173.22(a)(2) and (4), 173.202(a) and (b), 172.704(d), 172.301(a), 172.704(a)(2), 172.702(a), 172.202(a)(1)-(3) and (5)]
Case No. 03-054-SP-EA
$10,000
Ecolab, Inc.
McDonough, GA
(Shipper)
Offered sodium hydroxide solution, 8, in unauthorized non-UN standard combination packages.
[173.22(a)(2), 173.202(b)]
Case No. 05-0508-SB-SO
$4,200
El Mar Plastics, Inc.
Compton, CA
(Shipper)
Failed to provide initial and recurrent employee training, or create and retain records of function-specific training; failed to register with PHMSA; offered paint, 3, accompanied by a shipping paper that (1) included additional information prior to the basic hazardous material shipping description and (2) failed to provide a valid emergency response telephone number.
[172.702(b), 172.704(d), 107.608(b), 172.202(b), 107.612, 172.604(b), 172.201(a)(4), 172.704(c)(2), 172.704(a)(1)-(3)]
Case No. 05-0312-SB-WE
$2,040
Elite Fire Protection, Inc.
Gulf Shores, AL
(Cylinder Retester)
Failed to verify the accuracy of the test equipment to within one percent of calibrated cylinder's pressure and corresponding expansion values; failed to confirm that the pressure-indicating device on the retest apparatus was accurate at any point within 500 psi of the actual test pressure for test pressures at or above 3,000 psi; failed to maintain current copies of those portions of the HMR applicable to the cylinder requalification and marking operations at that facility; failed to maintain records of general awareness and function-specific training; failed to maintain complete and accurate records of cylinder requalification.
[180.205(g)(3)(i) and (4), 180.215(a)(4), 172.704(d), 180.215(b)]
Case No. 04-256-CR-SO
$3,000
Ellis Flooring Sales Company
Charlotte, NC
(Shipper)
Fined for infractions of the 49 CFR HMR.
[172.800(b), 172.704(a)(4) and (5), 172.702(b), 172.704(a)(1)]
Case No. 04-294-SB-SO
$3,600
Elkton Sparkler Company, Inc.
North East, MD
(Shipper)
Represented, marked, and certified singlewall combination packages as meeting the UN4G/Y32.7 standard when the package design had not been subjected to design qualification testing, and represented, marked, and certified doublewall combination packages as meeting the UN4G/Y32.7 standard when the design had not been subjected to proper periodic retesting; offered fireworks, 1.4G, in packages that were not marked with the explosive approval number for each substance, article, or device contained in the package, or alternatively, indicating the approval number on the shipping paper; developed a security plan that failed to include a written assessment of security risks; offered fireworks, 1.4G, in unauthorized non-UN standard combination packages; offered fireworks, 1.4G, accompanied by a shipping paper that failed to provide the net explosive mass of the material and failed to include a signed shipper’s certification.
[178.2(b), 178.601(d) and (e), 172.320(a) and (d), 172.802(a), 173.22(a)(2), 173.24(c), 173.62(b), 172.202(a)(5)(i), 172.204(d)]
Case No. 05-0447-BMSE-EA
$16,475
Emulsions Control, Inc.
National City, CA
(Shipper)
Failed to develop and adhere to a security plan.
[172.800(b), 172.802(a) and (b)]
Case No. 05-0221-SIBC-WE
$3,353
Ennis Containers, Inc.
Auburndale, FL
(Drum Manufacturer)
Manufactured, marked, certified, and sold 55-gallon steel drums as meeting the UN1A1 and UN1A2 standards, when periodic re-tests were not conducted; manufactured, marked, certified, and sold 55-gallon steel drums as meeting the UN1A1 and UN1A2 standards, when design qualification stacking tests were conducted using incorrect stacking weights; failed to create and retain records of employee training; failed to maintain complete and accurate records of design qualification testing.
[178.601(e), 178.2(b)(1) and (2), 172.704(d), 178.601(l), 178.601(d), 178.606]
Case No. 05-0062-DM-SO
$10,800
Environmental Products and Services, Inc.
Syracuse, NY
(Shipper)
Offered and transported bromine solutions, 8, PGI, poison inhalation hazard zone A, and waste cyanides, inorganic, solid, n.o.s. (lab pack), 6.1, PGI, in unauthorized UN standard combination packagings; failed to provide recurrent training; transported bromine solutions, a corrosive poison inhalation hazard Zone A material, on the same vehicle with other hazardous materials that are incompatible and cannot be loaded, transported, or stored together.
[173.12(b)(3), 173.22(a)(2), 172.702(b), 177.848(d), 173.226(c), 172.704(c)(2), 177.801, 173.211(b)]
Case No. 05-0070-SB-EA
$13,600
Epmar Corporation
Santa Fe Springs, CA
(Shipper)
Offered caustic alkali liquid, n.o.s. (alkyl ether amine), 8, in an unauthorized non-UN standard non-bulk packaging; failed to mark packagings containing liquid hazardous material with the required orientation markings.
[173.203(c), 173.24(c)(1), 172.312(a)(2), 173.22(a)(2)]
Case No. 05-0386-SP-WE
$6,875
Equistar Chemicals
Corpus Christi, TX
(Shipper)
Failed to provide recurrent employee training and failed to create and maintain complete training records; and other infractions of the HMR.
[182.802(b), 172.704(d), 172.702(b), 172.704(c)(2), 172.800]
Case No. 05-0497-SD-SW
$2,867
Erachem Comilog, Inc
Baltimore, MD
(Shipper)
Offered corrosive liquid, n.o.s. (manganese nitrate solution), 8, and oxidizing solid, corrosive, n.o.s. (manganese nitrate solution), 5.1 (8), accompanied by a shipping paper that (1) failed to indicate the subsidiary hazard class in the basic description, (2) included a shipper's certification that was not legibly signed, and (3) failed to indicate the technical name of the material in parenthesis in association with the basic description; failed to provide safety, security awareness, and in-depth security training; developed a security plan that failed to include a written assessment of transportation risk and failed to address en route security; offered corrosive liquid, n.o.s. (manganese nitrate solution), 8, and oxidizing solid, corrosive, n.o.s. (manganese nitrate solution), 5.1 (8), in unauthorized non-UN standard packagings; offered corrosive liquid, n.o.s. (manganese nitrate solution), 8, in packages that were not marked with the UN identification number for the material and the technical constituents in association with the shipping name.
[173.22(a)(1) and (2), 172.702(b), 172.800(b), 173.213(a), 172.203(k), 172.704(a)(3)-(5), 172.704(d), 173.22(a)(1), 172.204(d)(1), 172.802(a), 173.202(a), 172.301(b)]
Case No. 06-0022-SP-EA
$8,900
Estes, Inc.
Muleshoe, TX
(Shipper)
Fined for infractions of the 49 CFR HMR.
[172.800(b), 172.802]
Case No. 05-0457-SDIBC-SW
$950
Ethicon-Endo Surgery
Blue Ash, OH
(Shipper)
Offered regulated medical waste, 6.2, in non-UN standard packaging with closures that were not secure and leak proof.
[173.24(f)(1)(ii), 173.197(b)]
Case No. 04-132-SB-CE
$3,675
Expro Technologies, Inc.
St. Timothee, Quebec, Canada
(Shipper)
Offered powder, smokeless, 1.3C, into and within the U.S. when it had not been reclassified and approved by the AAHMS.
[173.62, 173.56, 172.54(a), and 173.51(a)]
Case No. 03-014-SE-HQ
$7,000
Expro Technologies, Inc.
Valleyfield, Quebec Canada
(Shipper)
Offered propellant, solid, 1.1C, in unauthorized DOT specification packagings.
[173.62]
Case No. 04-010-FSE-HQ
$1,700
FR Chemical, Inc.
Mount Vernon, NY
(Shipper)
Failed to close several different non-bulk packagings in accordance with the manufacturers’ closure notifications; failed to develop and adhere to a security plan; failed to mark an overpack with a statement indicating that inside packages comply with prescribed specifications when inner package specification markings are not visible.
[173.22(a)(4), 172.800(b), 172.802, 173.25(a)(4), 173.24(f)(2)]
Case No. 05-0480-SD-EA
$4,780
Federated Paint Manufacturing
Melrose Park, IL
(Shipper)
Offered paint, 3 in an out-of-test DOT 57 portable tank; failed to provide employee training, or create and retain training records.
[180.605(a) and (c)(3), 172.704(d), 172.704(a)(1)-(5), 172.702(a), 173.32(a) and (d)]
Case No. 05-0443-SIBC-CE
$5,217
Ferrellgas
Heber Springs, AR
(Shipper)
Offered liquefied petroleum gas, 2.1 in used storage containers designed for permanent installation that were charged to more than 5% of their water capacity when offered.
[173.315(j)(4)]
Case No. 03-221-CC-SW
$10,533
Fine Grinding Corporation
Conshohocken, PA
(Shipper)
Offered toxic solid, organic, n.o.s. (bensyltriphenyl phosphotum chloride), 6.1, accompanied by a shipping paper that (1) provided unauthorized additional information before the basic shipping description, (2) failed to indicate the correct shipping name of the material, (3) failed to include a signed shipper's certification, and (4) provided an invalid emergency response telephone number; developed a security plan that failed to address personnel and en route security or contain a written assessment of transportation risks.
[172.201(a)(4), 172.604(b), 172.802(a)(1) and (3), 172.800(b), 172.204(d), 172.202(a)(1)]
Case No. 04-605-SD-EA
$7,850
Finger Lakes Chemicals, Inc.
Rochester, NY
(Shipper)
Offered hazardous materials in packaging that had not been subjected to design qualification testing and had not been certified to a UN performance standard; offered hazardous materials accompanied by a shipping paper that did not include a valid emergency response telephone number and a unit a measure for the material.
[173.202(a) and (b), 173.22(a)(2), 172.202(a)(5), 172.201(d)]
Case No. 03-615-SB-EA
$7,300
Fire & Safety Commodities, Inc.
Metairie, LA
(Cylinder Retester)
Failed to condemn cylinders for excessive permanent expansion; failed to verify the accuracy of the test equipment to within one percent of the calibrated cylinder's pressure and corresponding expansion values and at any point within 500 psi of the actual test pressure for test pressures at or above 3,000 psi; failed to provide general awareness, function-specific, and safety training, or create and retain employee training records.
[173.34(e)(6)(i)(D), 173.34(e)(4)(iii)(A) and (iv), 172.702(b), 172.704(a)(1)-(3), 172.704(d)]
Case No. 99-201-CR-SW
$9,000
Fire Alarm & Safety Technologies
Pelham, NH
(Cylinder Retester)
After equipment malfunction, repeated the test at the same pressure, rather than at 10 percent or 100 psig higher (whichever is lower), and failed to properly document an unsuccessful test on the test record.
[180.205(g)(5), 180.215(b)(2)]
Case No. 05-0219-CR-EA
$1,250
Fire Control Service Company, Inc
New Milford, CT
(Cylinder Retester)
Represented, marked, and certified DOT specification and exemption cylinders as successfully retested when the hydrostatic test equipment was not calibrated prior to test; failed to maintain complete and accurate records of cylinder requalification.
[180.205(g)(3) and (4), 180.215(b)(2)]
Case No. 06-0162-CR-EA
$3,900
Fire Equipment Headquarters, Inc.
Torrington, CT
(Cylinder Retester)
Failed to verify the accuracy of the test equipment to within one percent of the calibrated cylinder’s pressure and corresponding expansion values; failed to verify the accuracy of the test equipment at any point within 500 psig of the actual test pressure for test pressures at or above 3,000 psig; failed to maintain complete and accurate records of cylinder requalification.
[180.205(g)(3) and (4), 180.205(g)(3)(i), 180.215(b)(2)]
Case No. 06-0161-CR-EA
$4,020
Fire Extinguisher Sales & Service, Inc.
Bloomington, IN
(Cylinder Retester)
Represented, marked, and certified cylinders as successfully requalified without holding a current retester's identification number (RIN); failed to maintain records of cylinder requalification; failed to provide general awareness, function-specific, and safety training; represented, marked, and certified cylinders as successfully retested when hydrostatic testing was never performed.
[173.34(e)(2)(i), 173.34(e)(8), 172.704(a)(1)-(3), 173.34(e)(1)(ii), 172.702(b)]
Case No. 99-101-CR-CE
$7,200
Fire Fighter Products, Inc.
Williamston, NC
(Cylinder Retester)
Failed to develop and adhere to a security plan; failed to condemn cylinders by stamping X's over the specification marking, stamping "condemned" onto the cylinder, or rendering it incapable of holding pressure; failed to provide general awareness, function-specific, safety, and security awareness training; failed to maintain complete and accurate records of cylinder requalification; failed to register with PHMSA; failed to confirm that the pressure-indicating device on the test equipment was accurate to within one percent of the test pressure of cylinders tested that day, and accurate to any point within 500 psig of the actual test pressure for test pressures at or above 3,000 psig.
[172.800, 180.205(i)(2), 172.702(b), 172.704(a)(1)-(4), 180.215(b)(2), 107.608(a) and (b), 172.802, 180.205(g)(3)(i) and (4)]
Case No. 05-0144-CR-SO
$5,300
Fireline Corporation
Lessburg, VA
(Cylinder Retester)
Failed to demonstrate the accuracy of the test equipment to within one percent of the calibrated cylinder's pressure and corresponding expansion values; failed to create and retain records of general awareness and security awareness training.
[180.205(g)(3), 172.704(d)]
Case No. 05-0490-CR-HQ
$3,350
Firematic & Safety Equipment Company, Inc.
Garfield, NJ
(Cylinder Retester)
Failed to condemn DOT specification and exemption cylinders for excessive permanent expansion; failed to provide general awareness, function-specific, and security awareness training; failed to calibrate the test equipment at a pressure within 500 psig of actual test pressures.
[180.205(i)(1)(iv) and (i)(2), 172.704(a)(1), (2) and (4), DOT E-9716, 180.205(g)(3)(i), 172.702(a)]
Case No. 04-387-CR-EA
$17,000
Firesafe Equipment, Inc.
Auburn, ME
(Cylinder Retester)
Failed to verify the accuracy of the hydrostatic test equipment to within one percent of the calibrated cylinder's pressure and corresponding expansion values and failed to calibrate the test equipment at a pressure within 500 psig of actual test pressures; failed to maintain complete and accurate records of system calibration and cylinder requalification.
[180.205(g)(3)(i) and (4), 180.215(b)(1) and (2)]
Case No. 06-0024-CR-EA
$3,700
Fireworks of Alabama, Inc.
Adamsville, AL
(Shipper)
Offered fireworks, 1.4G, in unauthorized non-UN standard combination packagings.
[173.62, 173.22]
Case No. 05-0538-SE-SO
$5,250
Firmenich, Inc.
DBA Noville, Inc.
South Plainfield, NJ
(Shipper)
Failed to provide recurrent general awareness and function-specific training and initial security awareness training; and other infractions of the HMR.
[172.802(a), 172.704(a)(4), 172.704(c)(2), 172.800(b), 172.702(a)]
Case No. 05-0576-SD-EA
$6,075
Flo Kem Products
DBA Flo-Kem, Inc.
Rancho Dominguez, CA
(Shipper)
Offered corrosive solid, basic, inorganic, n.o.s. (sodium hydroxide, sodium metasilicate), 8, in an unauthorized non-UN standard 55-gallon steel drum.
[173.22(a)(2), 173.212(c)]
Case No. 03-173-SD-WE
$4,450
Florida Gas Welding Supplies
Hollywood, FL
(Shipper)
Failed to create and maintain hazmat training records; failed to register with PHMSA.
[172.704(d), 172.702(a) and (b), 107.608(a) and (b)]
Case No. 06-0075-SC-SO
$1,000
Four Seasons Paint Manufacturing Company
Lincoln, NE
(Shipper)
Failed to create and maintain complete records of employee training.
[172.704(d)]
Case No. 05-0436-SD-CE
$275
Fuel Plus Technology, Inc.
Port Monmouth, NJ
(Shipper)
Offered flammable liquid, n.o.s. (benzene and toluene), 3, as undeclared, when the material was not indicated as a hazardous material on the shipping paper and the packaging was not marked or labeled; offered flammable liquid, n.o.s. (benzene and toluene), 3, aboard a passenger aircraft, when the material was not declared as a hazardous material and shipped in quantities forbidden for carriage by a passenger aircraft; offered flammable liquid, n.o.s. (benzene, toluene), 3, in unauthorized, non-UN standard, non-bulk packaging, which was not marked with proper orientation arrows; failed to provide general awareness, function-specific, and safety training; offered hazardous material in a quantity requiring placarding without providing the carrier with the required placards; failed to register with RSPA.
[172.200(a), 172.201-204, 172.300(a), 172.301, 172.324, 172.312(a)(2), 173.22(a)(1) and (2), 172.600, 172.604, 172.400(a), 172.406, 172.419, 172.704(d), ICAO Technical Instructions--Table 3-1, 173.27(b)(3), 172.704(a)(1)-(3), 172.702(b), 172.506(a), 107.608(a) and (b) 173.202(a) and (b), 171.11(b)]
Case No. 04-372-SD-EA
$3,600
GE Betz International
Ponce, Puerto Rico
(Shipper)
Failed to develop and adhere to a security plan; failed to provide general awareness, function-specific, and safety training; failed to register with PHMSA.
[172.800(b), 172.704(a)(1)-(3), 172.702(a), 172.802(a), 107.608(a) and (b)]
Case No. 06-0090-SIBC-SO
$5,250
GEO Specialty Chemicals, Inc.
Courtland, VA
(Shipper)
Failed to develop and adhere to a security plan; failed to maintain complete records of intermediate bulk container and DOT 57 portable tank requalification; failed to provide recurrent general awareness and function-specific training.
[172.800(b), 180.605(l), 172.802(a), 180.352(g), 172.704(c)(2), 172.702(a)]
Case No. 05-0455-SIBC-EA
$5,000
GLH Chemical Products
Bethlehem, GA
(Shipper)
Failed to register with PHMSA; failed to provide general awareness, function-specific, and safety training; offered corrosive liquid, acidic, inorganic, n.o.s. (hydrochloric acid), 8, accompanied by a shipping paper that failed to include a signed shipper's certification.
[172.702(b), 107.608(b), 172.704(a)(1)-(3), 172.204(d)]
Case No. 05-0589-SP-SO
$1,200
Gallagher Fire Equipment Company
Farmington Hills, MI
(Cylinder Retester/Shipper)
Failed to verify the accuracy of the test equipment to within one percent of the calibrated cylinder's pressure and corresponding expansion values, and failed to calibrate the test equipment at a pressure within 500 psig of the actual test pressures; offered compressed gas, accompanied by a shipping paper that failed to provide the hazard class, UN identification number, and emergency response telephone number.
[173.34(e)(4)(iii)(A), 173.34(e)(4)(iv), 172.202(a)(2) and (3), 172.604]
Case No. 01-101-CRS-CE
$3,500
Gateway Chemicals, Ltd.
DBA Aldon Corporation
Avon, NY
(Fiber Box Manufacturer/ Shipper)
Represented, marked, and certified a combination package as meeting the UN4H1/Y standard when the periodic test record failed to include (1) the name and address of the test facility, (2) a unique test report identification, (3) a complete description of the packaging, (4) accurate test descriptions, and (5) the title of the signatory; failed to properly assess the stacking stability of the package after completion of the stacking test; offered hydrochloric acid, solution, 8, in an amount that exceeded the gross weight limit certified on the package; certified a package as meeting the UN4H1/Y standard while marking it with a manufacturer's name, other than the company that actually manufactured or certified the package; offered methanol, 3, accompanied by a shipping paper that failed to include the proper shipping name of the material; failed to register with PHMSA.
[178.2(b), 178.601(l), 178.606(c)(1), 173.202(b), 178.3(a)(2), 172.202(a)(1), 107.608(a) and (b), 178.503(a)(8), 178.2(b)(2), 173.22(a)(2)]
Case No. 05-0430-BMS-EA
$10,000
Gateway Paint & Chemical Company
Pittsburgh, PA
(Shipper)
Offered paint, 3, in unauthorized non-UN standard 5-gallon open-head steel pails; failed to provide security awareness training; offered paint 3, accompanied by a shipping paper that (1) failed to properly identify a hazardous material when shipped on the same shipping paper as non-regulated materials, (2) failed to provide the proper packing group for the material, (3) included unauthorized additional information within the shipping description, and (4) failed to provide an emergency response telephone number that is monitored at all times the hazardous material is in transportation; failed to develop and adhere to a security plan and provide in-depth security training.
[173.22(a)(2), 172.704(a)(4), 172.702(a), 172.604(a)(1), 172.600(c), 172.202(a)(4), 172.201(a)(1) and (4), 172.704(a)(5), 172.802, 172.800(b), 173.24(c)(1), 173.202(a) and (c), 173.173(b)(1)]
Case No. 05-0515-SP-EA
$7,068
Gaynor Group, Inc., The,
DBA Gem Industries
Sunrise, FL
(Shipper)
Offered xylene 3, in unauthorized non-UN standard combination packages; failed to provide general awareness, function-specific, safety, and security awareness training or create and retain training records.
[173.22(a)(2), 172.704(d), 172.704(a)(1)-(4), 172.702(b), 173.202(b)]
Case No. 05-0256-SB-SO
$5,160
Gayston Corporation
Springboro, OH
(Cylinder Manufacturer)
Manufactured, marked, represented, and sold cylinders as meeting the DOT 3AL specification when they were permanently marked on the sidewall.
[178.35(f)(4) Case No. 05-0348-CM-CE
$6,100
Gellner & Company, Inc.
Hometown, PA
(Shipper)
Offered packing group II and III flammable liquids in unauthorized UN-certified 55-gallon open-head plastic drums that were certified only for solids; offered flammable liquid, accompanied by a shipping paper that failed to provide the correct (1) shipping name, (2) UN identification number, and (3) packing group for the material; failed to include a signed shipper's certification and provide a valid emergency response telephone number on additional hazardous material shipping papers; failed to provide general awareness, function-specific, and security awareness training; failed to register with PHMSA; offered flammable liquids in 55-gallon plastic drums that were not marked with the proper shipping and UN identification number for the material.
[173.203(a), 172.201(d), 172.202(a)(1), (3) and (4), 172.702(a), 172.204(d), 172.301(a)(1), 173.202(a), 107.608(b), 172.704(a)(1), (2), and (4), 172.602(a) and (b), 173.22(a)(2)]
Case No. 06-0055-SD-EA
$4,200
Gem Gravure Company, Inc.
West Hanover, MA
(Shipper)
Offered printing ink, 3, accompanied by a shipping paper that failed to include a unit of measure; and other infractions of the HMR.
[172.802(a)(3), 172.202(a)(5), 172.800(a)]
Case No. 05-0574-SB-EA
$2,000
General Graphic Chemical Company, Inc.
Oakland, CA
(Fiber Box Manufacturer/ Shipper)
Represented, marked, certified, and offered combination packages as meeting the UN4G/Y standard when the package design had not been subjected to design qualification testing; failed to register with RSPA; failed to provide general awareness, function-specific, and safety training; offered compounds, cleaning, liquid (naphtha solution), 3, in packages that were not marked with the proper shipping name and UN identification number for the material.
[178.601(b) and (d), 107.608(a), 172.702(b), 172.704(a)(1)-(3), 107.612, 172.301(a)]
Case No. 99-176-BMS-WE
$6,000
General Steel Drum Corporation
Charlotte, NC
(Drum Manufacturer)
Failed to maintain test records at each location where UN packagings are manufactured and at each location where design qualification and periodic design requalification testing is performed; failed to register with PHMSA; and other infractions of the HMR.
[172.802(a)(1), 178.601(l), 107.608(a) and (b), 107.601(a)(6), 172.202(a)(5)]
Case No. 05-0423-DM-SO
$7,125
Getagadget, Inc.
Austin, TX
(Shipper)
Offered lighters, when the design of the device and its inner packaging had not been examined and approved by the Associate Administrator for Hazardous Materials Safety.
[173.21(i)]
Case No. 05-0245-SB-SW
$3,950
Gold Coast Chemical Products
Pembroke Park, FL
(Shipper)
Failed to develop and adhere to a security plan; failed to provide general awareness, function-specific, safety, and security awareness training, or create and retain training records; failed to retain shipping papers for at least 375 days after shipment.
[172.800(b), 172.802(b), 172.704(d), 172.201(e), 172.704(a)(1)-(4), 172.702(b)]
Case No. 05-0159-SB-SO
$3,730
Graceton Industries, Inc.
DBA Fire Extinguisher Accessories
Maspeth, NY
(Cylinder Retester)
Represented, certified, marked, and offered cylinders as successfully retested without holding a current retester’s identification number (RIN).
[173.34(e)(2)(i)]
Case No. 02-394-CRS-EA
$3,000
Greenville Colorants, LLC
Greenville, SC
(Shipper)
Offered dye, liquid, corrosive, n.o.s. (acetic acid, hydrochloric acid), 8, accompanied by a shipping paper that failed to include a signed shipper's certification; failed to develop and adhere to a security plan.
[172.204(d), 172.802(a) and (b), 172.800(b)]
Case No. 05-0283-SD-SO
$875
Greif Bros. Corporation
Tonawanda, NY
(Fiber Drum Manufacturer)
Manufactured, marked, certified, and sold fiber drums as meeting the UN1G standard, when the packaging was not capable of passing the drop test.
[178.2(b), 178.603, 178.601(b)]
Case No. 03-067-FDM-EA
$9,000
Hansen Fire Equipment, Inc.
San Leandro, CA
(Cylinder Retester)
Failed to requalify exemption cylinders in accordance with the exemption by determining their rejection elastic expansion (REE); failed to demonstrate the accuracy of the pressure-indicating device on the test equipment within 10 percent of the actual test pressure for test pressures below 3,000 psig; Failed to verify the accuracy of the test equipment within one percent of the calibrated cylinder's test pressures and corresponding expansion values.
[180.205(c), 180.205(g)(3)(i), 180.205(g)(4), DOT-E 11194]
Case No. 05-0247-CR-SW
$6,900
Harris Battery Company, Inc.
Bolivar, OH
(Shipper)
Fined for infractions of the 49 CFR HMR.
[172.704(a)(2) and (4), 172.702(a), 172.800(a), 172.802(a) and (b)]
Case No. 04-142-SB-CE
$5,200
Heartland Fire & Safety Equipment Company
Lawrence, KS
(Cylinder Retester)
After equipment malfunction, repeated the test at the same pressure, rather than at 10 percent or 100 psi higher (whichever is lower); failed to provide general awareness and function-specific training.
[173.34(e)(4)(v), 172.704(a)(1) and (2), 172.702(b)]
Case No. 01-237-CR-SW
$1,995
Hedwin Corporation
Baltimore, MD
(Fiber Box Manufacturer)
Represented, marked, certified, and sold packagings as meeting the UN standard, when the packaging was not capable of passing the drop test.
[178.2(b), 178.601(b)]
Case No. 04-363-BM-EA
$3,390
Hedwin Corporation
Baltimore, MD
(Fiber Box Manufacturer)
Represented, marked, certified, and sold packagings as meeting the UN standard, when the packaging was not capable of passing the drop test.
[178.2(b), 178.601(b)]
Case No. 04-362-BM-EA
$3,785
Henry Company, Inc.
Ontario, CANADA
(Shipper)
Failed to develop and adhere to a security plan; offered amines, liquid, corrosive, n.o.s. (containing polyoxypropylenediamine), in non-bulk packaging that was not marked with the proper shipping name, technical name, and UN identification number for the material; offered amines, liquid, corrosive n.o.s. (containing polyoxypropylenediamine), accompanied by a shipping paper that listed additional information prior to the basic shipping description and an incorrect shipping name.
[172.800(b), 172.301(a) and (b), 172.201(a)(4), 172.202(a)(1)]
Case No. 05-0351-SD-WE
$6,375
Herdor’s, Inc.
Mokena, IL
(Shipper)
Failed to subject aerosol cans of compressed gas to a proper hot water bath; failed to provide general awareness, function-specific, and safety training.
[173.306(a)(3)(v), 172.704(a)(1)-(3), 172.702(a), 173.306(h)]
Case No. 01-138-SC-CE
$3,000
Heritage Propane
DBA ServiGas/Ikard and Newsom
Alamogordo, NM (Motor Carrier)
Offered and transported liquefied petroleum gas, 2.1, without a hazardous material shipping paper; offered and transported propane, 2.1, UN1075, in a non-DOT/UN standard storage tank charged to more than five percent of its water capacity; failed to provide recurrent hazmat training and initial security awareness training, or create and retain training records; offered and transported liquefied petroleum gas, 2.1, accompanied by a shipping paper that listed an unauthorized emergency response telephone number; offered and transported liquefied petroleum gas, 2.1, in MC 331 cargo tanks that were marked with incorrect test dates; Failed to check the tare weight during visual inspection of low pressure steel cylinders that are exempt from hydrostatic retest; represented, marked, and certified DOT/ICC cylinders as successfully retested without maintaining complete records of visual reinspection.
[172.200(a), 172.202(a), 173.315(j)(4), 172.702(b), 172.704(c)(2), 172.604(b), 180.415(a) and (b), CGA pamphlet C-6, 180.209(g), 180.209(a)(1), 180.215(b)(2), 180.215(b), 172.704(a)(4)]
Case No. 05-0404-CC-SW
$10,975
Hero Coatings, Inc.
Newburyport, MA
(Shipper)
Offered hazardous material in packaging that was not marked with the proper shipping name and UN identification number for the material and accompanied by a shipping paper that failed to provide the proper shipping name, UN identification number, and packing group for the material; Offered adhesives, 3, accompanied by a shipping paper that failed to include a unit of measure for each hazardous material and a signed shipper’s certification; failed to provide safety and security awareness training, and training testing.
[172.202(a)(1), (3) and (4), 172.301(a), 172.202(a)(5), 172.702(b), 172.704(c)(4) and (d), 172.704(a)(3) and (4), 172.204(d)(1)]
Case No. 05-0384-SD-EA
$2,000
Hi-Tech Color, Inc.
Odenton, MD
(Shipper)
Offered printing ink, 3, (1) in a portable tank that was marked as meeting both the DOT 57 specification and UN31A standard that was not visually inspected and leak-proofness tested within 2 1/2 years prior to filling and offering, and (2) in reconditioned open-head steel drums when the material had a specific gravity that exceeded the marked performance standard on the drums; failed to develop and adhere to a security plan.
[173.22(a)(2), 173.242(c) and (d), 172.802, 172.800(b), 173.173(b)(1), 173.32(a)(2), 173.35(a)]
Case No. 06-0128-SIBC-EA
$9,000
High Country Gas & Supply, Inc.
Grand Junction, CO
(Shipper)
Failed to provide security awareness training; failed to develop and adhere to a security plan.
[172.800(b), 172.704(a)(4), 172.702(b)]
Case No. 05-0586-SC-SW
$4,125
Hood Packaging Corporation
Tyler, TX
(Shipper)
Failed to close UN-certified 55-gallon open-head reconditioned steel drums in accordance with the reconditioner's closure notification; failed to develop and adhere to a security plan; failed to provide general awareness, function-specific, safety, and security awareness training and create and retain training records; offered waste flammable liquid, n.o.s. accompanied by a uniform hazardous waste manifest that listed an unauthorized emergency response telephone number; failed to register with PHMSA.
[173.22(a)(4), 172.800, 173.24(f)(2), 172.802, 172.702(b), 172.704(d), 172.704(a)(1)-(4), 172.604(a) and (b), 107.608(a) and (b)]
Case No. 05-0125-SD-SW
$6,740
Hunt Oilfield Supply, Inc.
Edna, TX
(Shipper)
Failed to register with PHMSA; failed to develop and adhere to a security plan; offered methanol, 3, accompanied by a shipping paper that failed to provide the (1) hazard class, (2) subsidiary hazard class, (3) UN identification number, and (4) packing group for the material and (5) an emergency response telephone number; failed to provide general awareness, function-specific, safety, and security awareness training.
[172.800(b), 107.608(b), 172.202(a)(2)-(4), 172.704(d), 172.702(b), 172.604(a); 172.704(a)(1)-(4), 172.201(d)]
Case No. 05-0193-SDIBC-SW
$6,720
Hy-Klas Paints, Inc.
Louisville, KY
(Shipper)
Failed to close UN-certified 55-gallon closed-head steel drums in accordance with the manufacturer's closure notification; offered paint, 3, in intermediate bulk containers that had not been subjected to required periodic visual inspection and leak-proofness testing.
[173.22(a)(4), 173.24(f)(2), 178.813, 173.32(a) and (d), 180.352(b)(1) and (2)]
Case No. 04-137-SIBC-CE
$3,400
Hydro Tech, Inc
Grand Island, NE
(Cylinder Retester/Shipper)
After equipment malfunction, repeated the test at the same pressure, rather than at 10 percent or 100 psi higher (whichever is lower); failed to provide function-specific training, or create and retain training records; failed to confirm that the pressure-indicating device on the test equipment was accurate to within one percent of the test pressure of cylinders tested that day, and failed to verify the accuracy of the test equipment to within one percent of the calibrated cylinder’s pressure and corresponding expansion values; failed to maintain complete and accurate records of cylinder requalification; failed to perform system calibrations prior to test.
[172.702(b), 180.205(g)(3)-(5), 172.704(d), 172.704(a)(2), 180.205(g)(3)(i), 180.215(b)(1) and (2)]
Case No. 04-139-CRS-CE
$5,800
Hydrol Chemical Company, Inc.
Yeadon, PA
(Shipper)
Failed to provide a certification of training and testing as part of the hazardous material training record; failed to develop and adhere to a security plan.
[172.704(d)(5), 172.800(b), 172.802]
Case No. 04-606-SD-EA
$2,700
Hydrostatic Testing and Welding, Inc.
Lambertville, MI
(Cylinder Retester)
Failed to demonstrate the accuracy of the pressure-indicating device on the test equipment at any point within 500 psig of the actual test pressures; represented, marked, and certified DOT cylinders as successfully requalified without holding a current retester’s identification number (RIN); failed to provide recurrent hazmat training and initial security awareness training, and create and retain training records.
[180.205(g)(3)(i), 180.205(b), 172.704(d), 172.704(c)(2), 172.704(a)(4), 172.702(a)]
Case No. 05-0130-CR-CE
$2,200
I.R. Forwarders, Inc.
Laredo, TX
(Freight Forwarder)
Failed to provide security awareness training, or create and retain training records; failed to register with PHMSA; failed to develop and adhere to a security plan.
[172.704(a)(4), 172.702(b), 107.608(a) and (b), 172.802(b), 172.704(d), 172.800(b)]
Case No. 05-0038-FF-SW
$2,638
ITEC Corporation
LaPlace, LA
(Shipper)
Failed to develop and adhere to a security plan.
[172.800(b)]
Case No. 05-0150-SBD-SW
$1,000
Independent Propane Company
DBA Gas-Tech
Alvin, TX
(Motor Carrier)
Accepted and transported propane, 2.1, in a non-DOT/UN standard storage tank charged to more than five percent of its water capacity; allowed employees to perform a function subject to the requirements of the (HMR) prior to completion of hazardous materials training, without direct supervision of a properly trained and knowledgeable hazardous materials employee.
[173.315(j)(4), 172.704(c)(1)(i), 172.704(a), 172.702(b)]
Case No. 05-0645-CC-SW
$4,800
Indusco Corporation
Portsmouth, VA
(Cylinder Retester)
Failed to demonstrate the accuracy of the pressure-indicating device on the test equipment at a point within 500 psi of the actual test pressure for pressures at or above 3,000 psi; failed to develop and adhere to a security plan; after equipment failure, conducted a second retest at the same pressure instead of increasing it by 10 percent or 100 psi (whichever is lower).
[172.800(b), 180.205(g)(3)(i), 172.802, 180.205(g)(5)]
Case No. 05-0452-CR-EA
$5,832
Industrial Chemical & Scientific Company, Inc
Houston, TX
(Shipper)
Offered nitric acid, 8, accompanied by a shipping paper that failed to include a shipper's certification; offered tetrahydrofuran, 3, without describing the material on a shipping paper; failed to register with PHMSA; offered nitric acid 62%, 8, in unauthorized UN standard plastic jerricans and combination packages; failed to develop and adhere to a security plan.
[172.204(a), 172.202(a)(1)-(4), 173.158(f)(3), 107.608(b), 172.201(a) and (d), 172.800(b)]
Case No. 05-0129-SD-SW
$10,200
Inergey Propane
DBA Independent Gas
Tyler, TX
(Motor Carrier)
Transported propane, 2.1, in a non-DOT specification non-UN standard storage tank charged to more than five percent of its water capacity; represented, marked, and certified low pressure steel cylinders as requalified, without checking the tare weight during visual inspection; failed to maintain complete and accurate records of cylinder inspection and requalification.
[173.315(j)(4), 180.209(a)(1), 180.209(g), CGA Pamphlet C-6, 180.215(b)(2)]
Case No. 05-0431-CC-SW
$6,800
International Chemical Company, Inc.
Philadelphia, PA
(Shipper)
Offered compound, cleaning liquid (potassium hydroxide, monoethanolamine, sodium silicate), 8, in intermediate bulk containers that had not been subjected to required periodic visual inspection and leak-proofness testing; failed to close UN-certified 55-gallon closed-head reconditioned steel drums in accordance with the reconditioner's closure notification; offered compound, cleaning liquid, 8, accompanied by a shipping paper that failed to provide the technical names in parentheses in association with the shipping description.
[173.35(a), 172.203(k), 173.22(a)(4), 173.24(f)(2), 180.352(b)]
Case No. 04-083-SIBC-EA
$4,770
Interstate Container Reading, LLC
Reading, PA
(Fiber Box Manufacturer)
Represented, marked, certified, and sold packages as meeting the UN4G standard that had not been subjected to periodic retest; failed to provide general awareness, function-specific, and security awareness training; failed to mark the correct year of manufacture on the package.
[178.2(b)(1), 172.702(a), 172.704(a)(1), (2) and (4), 178.503(a)(6), 178.601(e)]
Case No. 05-0186-BM-EA
$6,750
J & S Chemical, Inc.
Canton, GA
(Shipper)
Failed to develop and adhere to a security plan.
[172.800(b), 172.802(a) and (b)]
Case No. 05-0540-SD-SO
$3,375
Janco Composites, Inc.
Mishawaka, IN
(Shipper)
Failed to fully implement a security plan.
[172.802(b)]
Case No. 05-0448-SD-CE
$1,125
Jerome Fire Equipment Company, Inc.
Clay, NY
(Cylinder Retester)
Failed to verify the accuracy of the test equipment at any point within 500 psig of the actual test pressure for pressures at or above 3,000 psig; failed to provide security awareness training, or create and retain records of training testing.
[180.205(c) and (g), 180.205(g)(3), 172.702(b), 172.704(d), 172.704(a)(4)]
Case No. 05-0275-CR-EA
$4,200
Jon Don, Inc.
Langhome, PA
(Shipper)
Offered corrosive solid, n.o.s. (contains disodium trioxosilicate), 8, in unauthorized non-UN standard packaging; offered corrosive solid, n.o.s. (contains disodium trioxosilicate), 8, without preparing a proper shipping paper; offered various other hazardous materials accompanied by shipping papers that failed to include an emergency response telephone number; failed to mark a package with the proper shipping name and identification number of the material; failed to provide general awareness, function-specific, and safety training; failed to label a package containing hazardous material.
[173.22(a)(1) and (2), 173.213(c), 172.200(a), 172.301(a), 172.604(a), 172.704(a)(1)-(3), 172.702(b), 172.400(a), 172.201(d)]
Case No. 04-073-SP-EA
$7,500
Josco Products
Austin, TX
(Shipper)
Failed to register with PHMSA; and other infractions of the 49 CFR HMR.
[172.802(a) and (b), 172.702(a), (b) and (d), 172.704(a)(4), 107.608(b), 172.704(d), 107.601(a)(6), 172.800(b)]
Case No. 05-0519-SD-SW
$3,800
Kanox, Inc.
Wichita, KS
(Shipper)
Failed to develop and adhere to a security plan.
[172.800(b)]
Case No. 05-0243-SC-SW
$3,710
Kay Chemical Company
Winston-Salem, NC
(Shipper)
Offered sodium hydroxide solution, 8, in unauthorized non-UN standard packaging.
[173.202(b), 173.22(a)(2)]
Case No. 05-0501-SB-SO
$3,935
Kimoto Tech, Inc.
Cedartown, GA
(Shipper)
Failed to develop and adhere to a security plan.
[172.800(b), 172.802(b)]
Case No. 05-0605-SD-SO
$2,500
King Lee Technologies
San Diego, CA
(Shipper)
Failed to close UN-certified 55-gallon closed-head plastic drums in accordance with the package manufacturer's closure notification; failed to provide general awareness, function-specific, safety, and security awareness training; failed to register with PHMSA; and other infractions of the 49 CFR HMR.
[173.24(f)(2), 172.702(b), 107.608(b), 172.802(a) and (b), 172.800(b), 107.601(a), 173.22(a)(4), 172.704(a)(1)-(4)]
Case No. 05-0636-SIBC-SW
$6,600
Korex Canada
Etobicoke, Ontario, Canada
(Foreign Shipper)
Offered oxidizing solid, n.o.s. (sodium percarbonate, sodium metasilicate), 5.1 (8), in unauthorized non-UN standard 50-pound plastic bags.
[173.22(a)(2), 173.213(a) and (c)]
Case No. 05-0071-FSBG-CE
$4,000
LA Lighter, Inc.
Azusa, CA
(Shipper)
Offered lighters, cigarette (containing flammable gas), 2.1, when the design of the device and the inner packaging had not been examined and approved; offered lighters, cigarette (containing flammable gas), 2.1, accompanied by a shipping paper that failed to provide the (1) proper shipping name, (2) hazard class and division, and (3) DOT approval number for the material; failed to register with RSPA.
[172.102 – Special Provision N10, 172.202(a)(1) and (2), 107.608(a), 173.21(i)]
Case No. 03-152-SB-WE
$10,600
LMI Finishing, Inc.
Tulsa, OK
(Shipper)
Failed to provide security awareness training.
[172.704(a)(4), 172.702(b)]
Case No. 06-0175-SBD-SW
$250
Laboratorios Imperiales, S.A. de C.V.
Cuernavaca, Mexico
(Foreign Shipper)
Offered nitrates, inorganic, n.o.s. (bismuth nitrate), 5.1, in unauthorized non-UN standard open-head plastic drums.
[173.22(a)(2), 173.212(a)]
Case No. 03-373-FSP-EA
$3,420
Lanxess Corporation
Dalton, GA
(Shipper)
Failed to develop and adhere to a security plan; failed to create and maintain training records.
[172.800(b), 172.704(d), 172.702(b), 172.802(b)]
Case No. 05-0472-SIBC-SO
$1,925
LeMasters
Pueblo, CO
(Shipper)
Offered compounds, cleaning, liquid (hydrochloric acid), 8, in unauthorized non-UN standard combination packages; failed to provide general awareness, function-specific, and safety training; offered compounds, cleaning liquid (hydrochloric acid), 8, without preparing a proper shipping paper.
[173.22(a)(1) and (2), 172.704(a)(1)-(3), 172.702(b), 173.202(a) and (b), 172.200(a)]
Case No. 03-512-SB-SW
$4,500
LeSaint Logistics
Fairfield, OH
(Shipper)
Offered oxidizing solid, n.o.s. (Sodium percarbonate), 5.1, in a packaging that was not marked with the proper shipping name for the material; Offered (1) oxidizing solid, corrosive, n.o.s. (Sodium percarbonate, Sodium metasilicate), 5.1, (8), in unauthorized non-UN standard plastic bags and (2) oxidizing solid, n.o.s. (sodium percarbonate), 5.1, in unauthorized non-UN standard open-head plastic pails.
[173.22(a)(2), 173.213(a) and (c), 172.301(a)]
Case No. 04-148-SBG-CE
$6,000
Lehigh Valley Hospital & Health Network, Inc.
Allentown, PA
(Shipper)
Offered regulated medical waste, 6.2, in inner packagings that were not securely closed; offered chemotherapeutic waste in plastic film bags in the same roll-off container with regulated medical waste in plastic film bags without separating them with a rigid barrier or divider; offered regulated medical waste, 6.2, in rigid packagings and plastic film bags in the same roll-off container without separating the packages with a rigid barrier or divider.
[173.22(a)(2), 173.197(e)(1)(ii), 173.197(d)(1)(vi), 173.197(d)(3)(v) and (vi)]
Case No. 06-0150-SBG-EA
$14,500
Leisure Time Products, Inc.
Fort Collins, CO
(Shipper)
Offered lighters, 2.1, accompanied by a shipping paper that failed to include the approval number; failed to register with PHMSA; failed to create and retain training records; failed to develop and adhere to a security plan.
[172.102(c)(5) Special Provision N10, 107.608(b), 172.702(b), 172.800(b), 172.704(d)]
Case No. 05-0494-SB-SW
$5,600
Lewistown Welding Supply, Inc.
Lewistown, PA
(Cylinder Retester)
Failed to verify the accuracy of the test equipment at any point within 500 psig of the actual test pressure for pressures at or above 3,000 psig; offered compressed gas, flammable, n.o.s. (hydrogen and argon), 2.1, accompanied by a shipping paper that failed to provide the proper shipping name and hazard class of the material; failed to maintain complete and accurate records of cylinder requalification.
[173.34(e)(4)(iii)(A), 172.202(a)(1) and (2), 173.34(e)(8))(ii)(A) and (B)]
Case No. 03-055-CRS-EA
$750
Leydens & Associates, Inc.
Des Moines, IA
(Cylinder Retester/Shipper)
Failed to verify the accuracy of the test equipment to within one percent of calibrated cylinder's pressure and corresponding expansion values; failed to retain copies of shipping papers for 375 days; failed to provide security awareness training.
[180.205(g)(4), 172.201(e), 172.702(a), 172.704(a)(4)]
Case No. 06-0012-CRS-CE
$4,455
Liferafts of Puerto Rico, Inc.
San Juan, Puerto Rico
(Cylinder Retester)
Failed to condemn cylinders for excessive permanent expansion; represented, marked, and certified cylinders as successfully retested when (1) several cylinders were not tested to the minimum test pressure, and (2) cylinders were tested without holding the minimum test pressure for at least 30 seconds; failed to verify the accuracy of the test equipment to within one percent of the calibrated cylinder's test pressure and corresponding expansion values; failed to mark "3AL" on a DOT-SP 6498 aluminum cylinder at the time of retest; failed to maintain complete and accurate records of calibration and cylinder requalification; failed to provide general awareness and function-specific training or create and maintain training records; offered signal devices, hand, 1.4G, without preparing a hazardous material shipping paper; failed to maintain current copies of exemptions governing cylinders inspected, retested, or marked at that location.
[173.34(e)(6)(i)(D), 173.34(e)(4)(v), 173.34(e)(4)(iv), 173.23(c), 173.34(e)(8)(ii), 172.704(a)(1)-(2), 172.202(a), 172.704(d), 172.201(a), 172.200(a), 172.702(b), 173.34(e)(2)(v)(B)]
Case No. 01-262-CR-SO
$12,000
Lubbock Fire Extinguisher Service
Lubbock, TX
(Cylinder Retester)
Failed to demonstrate accuracy of the pressure indicating device at a point within 500 psig of the actual test pressure for test pressures at or above 3000 psig.
[180.205(g)(3)(i)]
Case No. 05-0459-CR-SW
$2,375
Lubbock Welding Supply, Inc.
Lubbock, TX
(Cylinder Retester)
Fined for infractions of the 49 CFR HMR.
[172.802, 172.704(a), 172.702(b), 172.704(c)(2), 172.800(b)]
Case No. 05-0458-CR-SW
$5,700
Luseaux Laboratorios, Inc.
Kingman, AZ
(Shipper)
Failed to develop and adhere to a security plan; offered corrosive solid, n.o.s. (sodium hydroxide), 8, in an unauthorized non-UN standard plastic pail.
[172.800(b), 172.301(b), 173.24(c)(1), 173.213, 173.22(a)(2)]
Case No. 05-0344-SP-WE
$4,200
MEJ Warehousing, Inc.
Hammonton, NJ
(Shipper)
Offered lighters, 2.1, when the lighters and packaging had not been examined by an authorized agency and approved by the Associate Administrator for Hazardous Materials Safety; offered lighters, 2.1 without preparing a proper shipping paper; failed to register with RSPA; failed to provide general awareness, function-specific, and safety training.
[173.21(i), 172.102 Special Provision N10, 172.200(a), 107.608(a) and (b), 172.704(a)(1)-(3), 172.702(a), 177.817(a), 172.604(a), 172.202(a), 172.204(a)]
Case No. 03-065-SB-EA
$6,675
MER Eddy County, Inc.
DBA Carlsbad Medical Supply
Carlsbad, NM
(Shipper)
Failed to develop and adhere to a security plan; offered and transported oxygen, refrigerated liquid, 2.2, accompanied by a shipping paper that failed to provide the (1) proper shipping name, (2) hazard class, and (3) UN identification number for the material, and (4) an emergency response telephone number; failed to provide general awareness, function-specific, and security awareness training.
[172.800(b), 172.201(d), 172.202(a)(1)-(3), 172.802(a), 172.704(a)(1), (2) and (4), 172.702(b), 172.604]
Case No. 05-0406-SC-SW
$7,857
MGC Pure Chemicals America, Inc
Queen Creek, AZ
(Shipper)
Filled and offered hydrogen peroxide, aqueous solution, 5.1 (8), in intermediate bulk containers that had not been subjected to required periodic visual inspection and leak-proofness testing.
[173.35(a), 180.352(b)]
Case No. 06-0138-SDIBC-SW
$3,940
MOC
Oklahoma City, OK
(Shipper)
Failed to provide general awareness, function-specific, and security awareness training; offered hazardous materials accompanied by a shipping paper that failed to include a shipper's certification; failed to develop and adhere to a security plan; offered compounds, cleaning liquid (potassium hydroxide), 8, in an unauthorized non-UN standard packaging.
[172.704(a)(1),(2) and (4), 172.702(b), 172.204(a), 172.802(b), 172.800(b), 173.203(a), 173.24(c), and 173.22(a)(2)]
Case No. 04-762-SD-SW
$3,500
Mace Security International
Bennington, VT
(Shipper)
Offered tear gas candles, 6.1, in a packaging that had not been approved by the Associate Administrator for Hazardous Materials Safety prior to initial transportation; offered grenades, practice, 1.4S, that had not been examined and classed by a laboratory authorized to conduct explosives classification testing or approved by any other authorized method.
[173.22(a), 173.340(a), 173.56, 173.54(a), 173.51(a)]
Case No. 02-390-SE-EA
$6,500
Mann Chemical, LLC
Warwick, RI
(Shipper)
Offered sulfuric acid, 8, in unauthorized non-UN standard non-bulk packagings.
[173.22(a)(2), 173.202(a)]
Case No. 02-606-SB-EA
$3,000
Mareva, Inc.
Chesapeake, VA
(Shipper)
Failed to provide recurrent hazmat training and initial security awareness training; failed to develop and adhere to a security plan.
[172.704(a)(4), 172.704(c)(2), 172.702(b), 172.802(a) and (b), 172.800(b)]
Case No. 05-0608-SP-EA
$4,350
Marmic Fire and Safety Company
Cape Girardeau, MO
(Cylinder Retester)
Failed to demonstrate the accuracy of the test equipment at any point within 500 psi of the actual test pressure for test pressures at or above 3,000 psi.
[180.205(g)(3)(i)]
Case No. 06-0086-CRS-CE
$3,285
Massachusetts Container Corporation
Marlborough, MA
(Fiber Box Manufacturer)
Manufactured, marked, certified, and sold fiberboard boxes as meeting the UN4G/Y24.2/S standard, while failing to conduct design qualification testing.
[178.503(a)(4)(ii), 178.601(d), 178.602(c)]
Case No. 04-637-BM-EA
$3,890
Mathers & Associates
Arlington Heights, IL
(Shipper)
Offered flammable liquid, n.o.s. (containing acetone and toluene) in unauthorized non-UN standard packaging; failed to provide employee training or create and retain training records.
[173.202, 172.702(b), 172.704(a)(1)-(3), 173.22(a)(2), 172.704(d)]
Case No. 01-124-SBD-CE
$3,900
Maverick Arms, Inc.
Eagle Pass, TX
(Shipper)
Failed to develop and adhere to a security plan; failed to provide recurrent hazmat training and initial security awareness training.
[172.800(b), 172.802(b), 172.704(a)(4), 172.704(c)(2)]
Case No. 06-0117-SD-SW
$4,650
Max Chemical, Inc.
Rio Piedras, Puerto Rico
(Shipper)
Offered isopropanol, 3, and hydrochloric acid, 8, in unauthorized non-UN standard combination packaging; failed to provide general awareness and function-specific training; offered isopropanol, 3 and hydrochloric acid, 8, accompanied by a shipping paper that failed to provide the proper (1) shipping name, (2) hazard class, (3) UN identification number, and (4) packing group for the materials; failed to close UN-certified packagings in accordance with the manufacturer's closure notification; failed to mark packages of hazardous materials with a shipping name and UN identification number and the proper orientation markings.
[173.202(a), 173.22(a)(2) and (4), 172.704(a)(1) and (2), 172.702(b), 172.202(a)(1)-(4), 173.24(f)(2), 172.312, 172.301(a)]
Case No. 04-260-SB-SO
$9,855
Medical Services of America, Inc.
DBA Medi Home Care
Columbia, SC
(Shipper)
Failed to develop and adhere to a security plan; failed to provide general awareness and security awareness training.
[172.800(b), 172.702(a), 172.704(a)(1) and (4), 172.802(a) and (b)]
Case No. 05-0435-SC-SO
$725
Meridian Pharmaceuticals, Inc.
Decatur, AL
(Shipper)
Offered sodium hydroxide, solid, 8, and ethyl alcohol, 3, in unauthorized UN-certified packagings that were altered and not subjected to design qualification testing prior to use; offered ethyl alcohol, 3, and other hazardous materials, accompanied by shipping papers containing an emergency response telephone number that is not monitored at all times the hazardous materials are in transportation.
[173.22(a)(2), 172.604, 172.201(d), 173.202(a), 173.212(a)]
Case No. 05-0621-SB-SO
$5,171
Messer Griesheim Industries, Inc.
Morrisville, PA
(Cylinder Retester/Shipper)
Failed to maintain complete and accurate records of cylinder requalification, failed to provide recurrent hazmat training; offered helium, refrigerated liquid, 2.2, accompanied by a shipping paper that failed to include a signed shipper’s certification; after equipment malfunction, repeated the test at the same pressure, rather than at 10 percent or 100 psi higher (whichever is lower).
[180.215(b)(2), 172.704(c), 172.204(d), l80.205(g)(5)]
Case No. 04-398-CRS-EA
$5,875
Messer Griesheim Industries, Inc.
Minersville, PA
(Cylinder Retester/Shipper)
Failed to provide recurrent hazmat training and create and retain training records; failed to develop and adhere to a security plan; failed to maintain current copies of applicable regulations at the retest facility.
[172.702(b), 172.802, 172.800, 172.704(c)(2), 172.704(d), 180.215(a)(4)]
Case No. 04-621-CRS-EA
$7,500
Mid-Ohio Oncology
Columbus, OH
(Shipper)
Offered regulated medical waste, 6.2, in containers that were not secure and leak proof.
[173.197(b), 173.24(f)(1)(ii)]
Case No. 05-0571-SIBC-CE
$5,950
Midwest Metal Products
Cedar Rapids, IA
(Shipper)
Fined for infractions of the 49 CFR HMR.
[172.802(a) and (b), 172.800(a), 107.601(a)(6), 172.702(a), (b) and (d), 172.704(a)(1)-(5), 107.608(a) and (b)]
Case No. 05-0135-SD-CE
$4,900
Mount Sinai Hospital
New York, NY
(Shipper)
Offered regulated medical waste, 6.2, in a bulk outer packaging (BOP) without using a rigid barrier or divider to separate rigid inner packagings from plastic film bags.
[173.22(a)(2), 173.197(d)(3)(v)]
Case No. 06-0048-SBG-EA
$8,925
N. Jonas & Company, Inc.
Bensalem, PA
(Shipper)
Failed to provide general awareness, function-specific, and security awareness training.
[172.702(a), 172.704(a)(1), (2), and (4)]
Case No. 05-0155-SB-EA
$1,050
National Casein of California, Inc.
Santa Ana, CA
(Shipper)
Failed to develop and adhere to a security plan.
[172.800(b)]
Case No. 05-0230-SD-WE
$2,240
Neighborcare Home Medical Equipment, Inc.
Boothwyn, PA
(Shipper)
Failed to provide security awareness training; failed to develop and adhere to a security plan.
[172.702(b), 172.704(a)(4), 172.704(d), 172.802(a), 172.800(b)]
Case No. 05-0350-SC-EA
$4,680
Newark Corporation
DBA Newark Inone
Gaffney, SC
(Fiber Box Manufacturer)
Represented, marked, and certified combination packages as meeting the UN4GV/X4.5/S standard when the package design had not been subjected to design qualification testing; offered flammable liquid, n.o.s. (isohexane) 3, in unauthorized non-UN standard combination packagings.
[178.601(a)and(b), 178.2(b), 173.22(a)(2), 173.202(b)]
Case No. 05-0613-BM-SO
$8,295
Newman Industrial Supply, Inc.
Anniston, AL
(Shipper)
Failed to develop and adhere to a security plan; failed to register with RSPA/PHMSA; offered corrosive liquid, n.o.s. (ethanolamine 2-aminoethanol) 8, accompanied by a shipping paper that did not include the proper shipping name, hazard class, UN identification number, packing group, and total quantity of hazardous material; failed to provide recurrent general awareness, function-specific, and safety training, or create and retain records of training testing.
[172.202(a)(1)-(4), 172.704(c)(2), 172.704(a)(1)-(4), 172.702(b), 172.704(d), 172.202(c), 172.800(b)(7), 107.612, 173.22(a)(1), 107.608(b), and 172.802(b)]
Case No. 05-0399-SD-SO
$7,415
Niagara Fire Extinguishing Service, Inc.
Niagara Falls, NY
(Cylinder Retester)
Failed to condemn cylinders for excessive permanent expansion; conducted cylinder retesting using unauthorized and unsupervised personnel; failed to maintain complete and accurate records of cylinder requalification; failed to provide general awareness and function-specific training; failed to maintain current copies of the applicable parts of the Hazardous Materials Regulations at the facility; failed to verify the accuracy of the test equipment to within one percent of the calibrated cylinder's test pressure and corresponding expansion values; tested and marked cylinders as successfully retested after the calibrated cylinder recorded permanent expansion; failed to maintain minimum test pressure for at least 30 seconds; failed to conduct visual inspections of cylinders during the requalification process.
[180.205(i)(1)(iv), 180.205(b), 180.215(b)(1) and (2), Approval Letter 11/30/00, 172.704(a)(1) and (2), 172.702(b), 180.215(a)(4), 180.205(g)(4) and (5), 180.205(g)(3)(i), 180.205(f), 107.805]
Case No. 03-618-CR-EA
$2,000
Norco, Inc.
Boise, ID
(Cylinder Retester)
Represented, marked, and certified cylinders as successfully requalified when they were not tested at the required minimum test pressure; failed to provide security awareness and in-depth security training; failed to condemn a cylinder for excessive permanent expansion.
[180.209(a)(1), 172.702(a), 172.704(a)(4) and (5), 180.205(i)(1)(iv)]
Case No. 06-0234-CR-SW
$8,740
North American Bus Industries, Inc.
Anniston, AL
(Shipper)
Failed to develop and adhere to a security plan.
[172.800(b), 172.802(a) and (b)]
Case No. 05-0391-SB-SO
$1,670
North American Marketing Corporation, The
DBA NAMCO
Manchester, CT
(Shipper)
Failed to provide security awareness training; offered sodium hypochlorite solution, 8, in used closed-head plastic pails that had not been leak-proofness tested prior to reuse.
[172.702(a), 173.28(b)(7), 173.202(a) and (c), 172.704(a)(4)]
Case No. 05-0454-SP-EA
$2,950
North Platte Fire Equipment Company
North Platte, NE
(Cylinder Retester)
Failed to confirm the pressure-indicating device on the retest equipment was accurate at any point within 500 psig of the actual test pressure for test pressures at or above 3,000 psig; failed to maintain complete and accurate records of daily test equipment calibration.
[180.215(b)(1), 180.205(g)(3)(i)]
Case No. 05-0013-CR-CE
$2,100
NorthStar Chemical, Inc.
Cartersville, GA
(Shipper)
Failed to register with RSPA/PHMSA.
[107.608(a) and (b)]
Case No. 05-0133-SD-SO
$400
Nyack Hospital, Inc.
Nyack, NY
(Shipper)
Offered regulated medical waste, 6.2, in an open rigid plastic container and in plastic film bags that were not closed as required.
[173.197(d) and (e), 173.22(a)(2)]
Case No. 05-0445-SBG-EA
$5,600
O.C.C.S, Inc.
Santa Fe Springs, CA
(Shipper)
Failed to fully implement a security plan; failed to register with PHMSA; offered corrosive liquid, n.o.s. (potassium hydroxide), 8, accompanied by shipping papers that (1) failed to include the technical name for the material, (2) failed to list the unit of measurement for the total quantity of the material transported, and (3) included additional information within the basic description.
[172.802, 107.608(a) and (b), 172.201(a)(4), 172.203(k), 172.202(a)(5) and (6), 107.612]
Case No. 05-0293-SP-WE
$3,475
OTS Manufacturing & Supply, Inc.
Lexington, SC
(Shipper)
Failed to develop and adhere to a security plan; offered toxic, liquid, organic, n.o.s. (isocyanate), 6.1, accompanied by shipping papers that contained an unauthorized emergency response telephone number; failed to register with PHMSA; failed to provide general awareness, function-specific, safety, and security awareness training.
[172.800(b), 172.802(a) and (b), 172.201(d), 107.608(b), 172.604(a) and (b), 172.704(a)(1)-(4), 172.702(a)]
Case No. 05-0432-SP-SO
$3,575
Omni Fluids Company
Corpus Christi, TX
(Shipper)
Offered hazardous material accompanied by a shipping paper that failed to properly identify the emergency response telephone number; failed to provide security awareness training and recurrent general awareness, function-specific, and safety training; offered sodium hydroxide solid, 8, accompanied by a shipping paper that failed to include a shipper's certification; offered hazardous material accompanied by a shipping paper that failed to provide the correct shipping name, hazard class, and packing group for the material; and other infractions of the HMR.
[172.802(a)and(b), 172.604(a)(3)(ii), 172.201(d), 172.800(b), 172.204(a), 172.704(c)(2), 172.704(a)(4), 172.202(a)(1), (2), and (4)]
Case No. 05-0461-SD-SW
$8,135
Offshore Suppliers, Inc.
Metairie, LA
(Cylinder Retester)
Failed to verify the accuracy of the test equipment to within one percent of the calibrated cylinder’s test pressure and corresponding expansion values and failed to calibrate the test equipment at a pressure within 500 psig of actual test pressures; failed to maintain complete and accurate records of cylinder requalification.
[180.205(g)(3)(i) and (4), 180.215(b)(2)]
Case No. 04-210-CR-SW
$4,060
On Hand Adhesives, Inc.
Mt. Prospect, IL
(Shipper)
Failed to register with PHMSA; failed to develop and adhere to a security plan, and provide security training.
[107.608(b), 172.702(b), 107.612, 172.704(a)(4) and (5), 172.800(b)]
Case No. 05-0304-SBD-CE
$3,300
Orica USA, Inc.
Bonne Terre, MO
(Shipper)
Offered an explosive substance that had not been examined by an authorized laboratory or approved for transportation by the Associate Administrator for Hazardous Materials Safety, or examined, classed, and approved by any other authorized method.
[173.51(a), 173.54(a), 173.56]
Case No. 03-148-SE-CE
$8,099
Ortiz International, Inc.
Laredo, TX
(Freight Forwarder)
Failed to provide general awareness, function-specific, safety, and security awareness training and create and retain training records; failed to develop and adhere to a security plan; failed to register with PHMSA.
[172.800, 172.802, 172.704(d), 172.704(a)(1)-(4), 107.608(a) and (b), 172.702(b)]
Case No. 05-0210-FF-SW
$3,530
Outdoor Sports Headquarters, Inc.
Dayton, OH
(Shipper)
Offered smokeless powder for small arms, 4.1, in unauthorized non-UN standard combination packagings; Offered smokeless powder for small arms, 4.1, in a package that was not marked with the proper shipping name and UN identification number for the material.
[173.22(a)(2), 173.56, 172.301(a), 173.171]
Case No. 06-0164-SE-SO
$5,000
Overnite Holding, Inc.
DBA Overnite Transportation Company
Richmond, VA
(Motor Carrier)
Accepted and transported fireworks, 1.4G, in unauthorized non-UN standard combination packages; accepted and transported fireworks, 1.4G, in packagings that were not marked with the proper shipping name, UN identification number, and explosive approval number for the materials.
[173.62(b), 172.320(a), 172.301(a), 177.801, 177.801, 173.212(a) and (b)]
Case No. 05-0453-CEX-EA
$7,165
P&M Welding Supply, Inc.
Miami, FL
(Shipper)
Failed to develop and adhere to a security plan; failed to provide general awareness and function-specific training.
[172.800(b), 172.702(a), 172.802(b), 172.704(a)(1) and (2)]
Case No. 06-0145-SC-SO
$4,055
PDQ Manufacturing, Inc.
Ellijay, GA
(Drum Manufacturer)
Failed to develop and adhere to a security plan; failed to close a UN-certified closed-head steel drum in accordance with the manufacturer's closure notification.
[172.800(b), 172.802(a) and (b), 173.24(f)(2), 173.22(a)(4)]
Case No. 05-0281-DM-SO
$5,250
PSS World Medical, Inc.
DBA Physician’s Sales & Service, Inc.
Memphis, TN
(Shipper)
Offered ethyl chloride, 2.1, and ethyl alcohol, 3, in unauthorized, non-UN standard fiberboard packaging; offered liquefied gas, n.o.s. (containing dimethylether/propane and isobutane), 2.1, under authority of exemption DOT-E 12178, while not complying with exemption package marking requirements; failed to mark orientation arrows on two opposing sides of the package.
[173.322(a), 173.202(a), 173.22(a)(2), 173.22a(a), 173.312(a), and DOT-E 12178 para 7(b)(6)]
Case No. 05-0317-SB-SO
$8,360
Package Research Laboratories, LLC
Rockaway, NJ
(Packaging Certifier)
Represented and certified an intermediate bulk container design to the UN11A/X standard when it had not been dropped from correct drop height; represented and certified a combination packaging design to the UN4G/Y standard when it had not been dropped from the correct drop height; represented and certified a combination package design for shipment of liquids when it was tested only for solids; represented and certified a combination package to the UN4GV standard when it had not been stack tested in accordance with variation 2 requirements.
[178.2(a)(2), 178.810(d), 178.601(d), 178.603(e)(1)(ii), 178.602(a)-(c), 178.601(g)(2)(ii) and (iv)]
Case No. 02-090-PC-EA
$8,960
PALEX Container Systems
Seattle, WA
(Drum Manufacturer)
Represented, marked, certified and sold remanufactured drums marked as meeting the UN1A1 standard when the leak-proofness test was not performed.
[178.604(d), 178.604(b)(1)]
Case No. 00-174-DM-WE
$2,000
PALEX Container Systems/Hansen Sterling
Chicago, IL
(Drum Reconditioner)
Represented, marked, certified and sold remanufactured drums marked as meeting the UN 1A1 standard when the drums were not capable of passing the drop test.
[178.603, 178.601(b)]
Case No. 00-116-DR-CE
$3,000
Paragon Manufacturing, Inc.
Melrose Park, IL
(Plastic Pail Manufacturer)
Represented, marked, certified, and sold open-head plastic pails as meeting the UN1H2 standard, when the pails had not been subjected to production leak-proofness testing; failed to provide general awareness, function-specific, safety, and security awareness training.
[178.601(c)(3), 172.704(a)(1)-(4), 178.604, 172.702(b)]
Case No. 05-0580-PPM-CE
$5,600
Park Chemical Company
Fairburn, GA
(Shipper)
Fined for infractions of the 49 CFR HMR.
[172.800(b)]
Case No. 04-284-SD-SO
$1,000
Pasquel Hermanos, Inc.
Laredo, TX
(Freight Forwarder)
Failed to provide general awareness, function-specific, safety, and security awareness training.
[172.704(a)(1)-(4), 172.704(d), 172.702(b)]
Case No. 06-0141-FF-SW
$720
Patco Management, Inc.
Liverpool, NY
(Shipper)
Offered corrosive liquid, n.o.s. (sodium hydroxide), 8, in unauthorized non-UN standard combination packages; offered a non-hazardous material incorrectly documented, marked, and labeled as a hazardous material; failed to provide general awareness, function-specific, and safety training; offered corrosive liquid, n.o.s. (sodium hydroxide), 8, in combination packages that were not marked with proper orientation arrows.
[173.22(a)(2), 173.24(c), 173.202(a), 172.303(a), 172.702(a), 172.312(a), 172.202(e), 172.401(a), 172.704(a)(1)-(3)]
Case No. 04-071-SB-EA
$4,500
Pecora Corporation
Harleysville, PA
(Shipper)
Failed to develop and adhere to a security plan, and failed to provide in-depth security training; offered waste n-butyl isocyanate, 6.1, (3), PG I, Toxic-Inhalation Hazard, Zone B, accompanied by a shipping paper that did not indicate “Toxic-Inhalation Hazard, Zone B”; offered resin solution, 3, as a limited quantity accompanied by a shipping paper that did not indicate "Limited Quantity" or "Ltd. Qty”.
[172.203(b), 172.315, 172.200(a), 172.203(m), 172.704(a)(5), 172.800, 172.802, and DOT-E 9168 para. 7c]
Case No. 05-0181-SB-EA
$3,360
Penn Color, Inc.
Elmwood Park, NJ
(Shipper)
Failed to close UN-certified 55-gallon open-head steel drums in accordance with the manufacturer's closure notification.
[173.22(a)(4), 173.24(f)(2)]
Case No. 05-0630-SD-EA
$2,500
Penta International Corporation
Livingston, NJ
(Shipper)
Failed to register with PHMSA; failed to develop and adhere to a security plan or provide security training; offered piperidine, 8, (3), PGI, accompanied by a shipping paper that failed to include the subsidiary hazard class.
[107.608(a) and (b), 172.702(b), 172.800(b), 172.202(a)(2), 172.704(a)(4) and (5)]
Case No. 06-0025-SD-EA
$5,850
Pepsi-Cola & National Brand Beverages, Ltd.
Pennsauken, NJ
(Shipper)
Failed to develop and adhere to a security plan, and provide security training; failed to provide recurrent hazmat training; offered carbon dioxide, 2.2, accompanied by a shipping paper that incorrectly included a packing group and failed to include the numeric hazard class division number.
[172.800(b), 172.702(b), 172.702(b), 172.201(a)(4), 172.202(a)(2), 172.704(a)(4) and (5), 172.704(c)(2)]
Case No. 05-0156-SC-EA
$5,101
Perform Manufacturing
Kansas City, KS
(Shipper)
Offered flammable liquids, n.o.s. (methanol), 3, in unauthorized non-UN standard combination packages.
[173.22(a)(2)(i), 173.202(b)]
Case No. 03-510-SB-SW
$5,390
Perk Products & Chemical Company, Inc.
Nashville, TN
(Shipper)
Failed to develop and adhere to a security plan, and failed to provide security training; failed to provide general awareness, function-specific, and safety training, or create and retain records of training testing; failed to close UN packaging in accordance with the manufacturer's closure notification.
[172.802(a), 172.800(b), 172.704(a)(1)-(5), 172.704(d), 172.702(b), 173.24(f)(2), and 173.22(a)(4)]
Case No. 05-0142-SD-SO
$5,600
Pine Knoll Construction Company, Inc.
Winchester, VA
(Shipper)
Failed to provide function-specific and security awareness training or create and maintain training records; offered and transported explosive, blasting, type E, 1.1D, accompanied by shipping papers that failed to correctly identify the proper shipping name and UN identification number for the material and on another shipping paper failed to describe the material at all; failed to develop and adhere to a security plan; failed to carry a copy of its current Hazardous Materials Certificate of Registration on the transport vehicle.
[172.702(a) and (b), 172.202(a)(1)-(4), 172.704(d), 172.202(a)(5)(i), 172.802(a) and (b), 172.800(a), 172.704(a)(2) and (4), 107.620(b)]
Case No. 05-0123-SE-HQ
$9,500
Pipco, Inc.
Dothan, AL
(Shipper)
Offered corrosive liquid n.o.s. (phosphoric acid, sulfuric acid, muriatic acid), 8, in unauthorized non-UN standard 5-gallon open-head plastic pails; failed to register with PHMSA; failed to retain copies of shipping papers for the required 375 days; failed to provide recurrent employee training; failed to close UN-certified 55-gallon closed-head plastic drums in accordance with the package manufacturer's closure notification; and other infractions of the 49 CFR HMR.
[173.202(a), 172.704(a)(4) and (5), 172.702(b), 172.704(d), 173.22(a), 172.802(a) and (b), 107.612, 172.201(e), 172.702(b), 172.704(a)(1)-(3), 172.704(c)(2), 173.22(a)(2) and (4), 173.24(f)(2), 107.608(b), 172.800(b)]
Case No. 05-0591-SD-SO
$7,975
Plains Welding Supply, Inc.
Carlsbad, NM
(Cylinder Retester)
Failed to maintain complete and accurate records of cylinder requalification; failed to maintain current copies of applicable DOT exemptions at the retest facility; failed to provide general awareness, function-specific, safety, and security awareness training; failed to confirm the accuracy of the test equipment to within one percent of the calibrated cylinder’s pressure and corresponding expansion values; failed to develop and adhere to a security plan; offered oxygen, refrigerated liquid, 2.2, without providing a hazardous material shipping paper.
[180.215(a)(5), 180.215(b)(1) and (2), 180.215(a)(5), 172.704(a)(1)-(4), 172.702(b), 180.205(g)(3) and (4), 172.802, 172.800(b), 172.204, 172.200, 172.202]
Case No. 05-0370-CR-SW
$12,000
Polyguard Products, Inc.
Ennis, TX
(Shipper)
Failed to develop and adhere to a security plan.
[172.800(b), 172.802]
Case No. 06-0015-SP-SW
$3,375
Power Mist Racing Products, Inc.
Newton, NJ
(Shipper)
Failed to provide general awareness, function-specific, safety, and security awareness training; failed to develop and adhere to a security plan.
[172.702(b), 172.802(a) and (b), 172.800(b), 172.704(a)(1)-(4)]
Case No. 05-0629-SP-EA
$4,880
Premier Safety & Service, Inc.
Irwin, PA
(Cylinder Retester)
Represented, marked, and certified cylinders as successfully retested when the cylinders were not tested at the minimum required test pressure; failed to verify the accuracy of the test equipment within 500 psig of the actual test pressure for pressures at or above 3,000 psig; represented, marked, and certified exemption cylinders as successfully retested, when failing to follow the terms of the exemption by not reporting cylinders that had been subjected to fire to the Office of Hazardous Materials Special Permits and Approvals; failed to maintain complete records of cylinder requalification.
[180.205(c), 180.205(g)(1) and (3), DOT-E 10869 paragraph 8.f., 180.215(b)(2), 180.209(a)(1)]
Case No. 05-0507-CR-EA
$5,855
Pride Manufacturing, Inc.
Washburn, IL
(Shipper)
Offered corrosive solid, acidic, inorganic, n.o.s., 8, and trichloroisocyanuric acid, dry, 5.1, in unauthorized, non-UN standard, open-head plastic pails.
[173.22(a)(2), 173.24(c)(1), 173.213, 173.212]
Case No. 05-0319-SP-CE
$7,000
Pro Guard Coatings, Inc.
Denver, PA
(Shipper)
Failed to develop and adhere to a security plan; failed to mark a package containing hazardous material with the technical name of the material in parenthesis in association with the proper shipping name; offered corrosive liquids n.o.s. (amines), 8 , accompanied by a shipping paper that failed to indicate the technical name of the material in association with the proper shipping name.
[172.800(a), 172.301(b), 172.802, 172.203(k)]
Case No. 05-0477-SP-EA
$1,475
Pro-Kem, Inc.
Lovington, NM
(Motor Carrier)
Offered and transported flammable liquid in multiple non-DOT specification containers manifolded and mounted on a motor vehicle under the terms of a DOT special permit, when the containers had not been subjected to required periodic retest; failed to provide training on the requirements and conditions of the special permit.
[DOT-SP 11947, DOT-SP 11947 - Paragraph 11, 180.352(b), 173.22a(b)]
Case No. 06-0200-CC-SW
$4,810
Producers Chemical Company
Batavia, IL
(Shipper)
Offered morpholine, 8, in an unauthorized UN standard packaging; failed to label a package containing hazardous material with the primary hazard label for the material; offered morpholine, accompanied by a shipping paper that failed to provide the proper packing group for the material.
[173.22(a), 172.202(a)(4), 172.402(a)(1), 172.400(a)(1), 173.24(c), 173.201]
Case No. 03-132-SD-CE
$5,000
Professional Fire Equipment Company
Hays, KS
(Cylinder Retester)
Failed to verify the accuracy of the test equipment within 500 psig of the actual test pressure for pressures at or above 3,000 psig; failed to maintain complete and accurate records of cylinder requalification.
[173.34(e)(4)(iii)(A), 173.34(e)(8)(ii)(A)]
Case No. 02-238-CR-SW
$1,600
Professional Fire Extinguisher Service, Inc.
Houma, LA
(Cylinder Retester)
Failed to verify the accuracy of the test equipment within 500 psig of the actual test pressure for pressures at or above 3,000 psig; failed to provide recurrent hazmat training; failed to maintain complete records of cylinder requalification; failed to condemn cylinders consistent with the requirements of the HMR by stamping X's over the specification marking, stamping “CONDEMNED” onto the cylinder, or rendering it incapable of holding pressure; failed to maintain current copies of exemptions governing cylinders requalified at that location and applicable Compressed Gas Association (CGA) pamphlets.
[180.205(g)(3)(i), 172.704(c)(2), 172.702(b), 180.205(g)(4), 180.215(b), 180.205(i)(2), 180.215(a)(5) and (6)]
Case No. 04-209-CR-SW
$3,200
Professional Service Industries, Inc.
Portland, OR
(Shipper)
Offered and transported RQ radioactive material Type B(U) package, 7, UN2916, USA/9035/B(U)-85 Type B without properly labeling the package; offered and transported Co-60, accompanied by a shipping paper that failed to provide the proper shipping name and identification number for the material.
[172.400(a), 172.202(a)(1) and (3), 172.403(b), 172.401(a)]
Case No. 05-0637-RMS-SW
$2,875
Profita Development Ltd.
Central Hong Kong, China
(Foreign Shipper)
Offered hydrofluoric acid, 8, PGI in unauthorized UN standard non-bulk packaging; offered hydrofluoric acid, 8, accompanied by a shipping paper that failed to indicate the (1) hazard class or division, (2) identification number, and (3) packing group for the material and (4) listed an unauthorized emergency response telephone number.
[173.22(a)(1) and (2), 173.201(a), 172.202(a)(2)-(4), IMDG 4.1.4.1, 172.604(a), IMDG 6.1.3.1 (c)(ii), 172.201(d)]
Case No. 02-357-FSD-EA
$12,150
Protex Wax Products, Inc.
Oakland, CA
(Shipper)
Failed to develop and adhere to a security plan.
[172.800(b), 172.802(a) and (b)]
Case No. 05-0643-SB-SW
$3,375
Quality Distribution, Inc.
Salt Lake City, UT
(Shipper)
Accepted and transported oxidizing solids, n.o.s. (sodium percarbonate), accompanied by shipping papers that failed to show a proper packing group for the material; Accepted and transported oxidizing solids, n.o.s. (sodium percarbonate), in unauthorized, non-UN standard fiber drums.
[173.22(a)(1) and (2), 172.202(a)(4), 177.817(a) and (b), 173.212(b)]
Case No. 04-164-SD-WE
$5,100
Quip Laboratories, Inc.
Wilmington, DE
(Shipper)
Failed to develop and adhere to a security plan; failed to provide general awareness, function-specific, safety, and security awareness training.
[172.802, 172.800(b), 172.702(b), 172.704(a)(1)-(4)]
Case No. 04-614-SD-EA
$2,960
RMS of Georgia, LLC
Alpharetta, GA
(Cylinder Retester)
Failed to develop and adhere to a security plan; failed to create and maintain training records; failed to register with PHMSA; failed to verify the accuracy of the test equipment to within one percent of the calibrated cylinder's pressure and corresponding expansion values, or within 10% of the actual test pressure for test pressures below 3,000 psig.
[172.800(b), 172.704(d), 107.612(c), 180.215(b)(1), 180.205(g)(3)(i) and (ii), 107.608(b)]
Case No. 05-0113-CR-SO
$4,950
R.S.A. Corporation
Danbury, CT
(Shipper)
Offered methyl iodide, 6.1, UN2644, PGI, PIH Zone B, in inner packagings that were not leak-proofness tested and therefore unauthorized; and other infractions of the 49 CFR HMR.
[172.704(c)(2), 172.704(a)(1)-(3), 172.800(b), 173.22(a)(2), 172.802(a)(3), 172.702(b), 173.227]
Case No. 05-0618-SD-EA
$8,575
Reagents, Inc.
DBA Tennessee Reagents
Nashville, TN
(Shipper)
Failed to develop and adhere to a security plan.
[171.2(a), 172.800(b)]
Case No. 05-0294-SD-SO
$4,780
Reheis, Inc.
Berkeley Heights, NJ
(Shipper)
Failed to include a written assessment of transportation risk as part of the security plan, failed to adhere to the unauthorized access element of the security plan, and failed to provide in-depth security training; offered aluminum chloride solution, 8, accompanied by a shipping paper that (1) included an unauthorized abbreviation, (2) failed to provide the total quantity of material, including the unit of measure, and (3) failed to include a signed shipper's certification.
[172.800(b), 172.202(a)(5), 172.704(a)(5), 172.204(d), 172.802(a), 172.702(b), 172.201(a)(3)]
Case No. 05-0422-SD-EA
$3,038
Reliable Fire & Safety, Inc.
Gastonia, NC
(Cylinder Retester)
Failed to condemn a DOT exemption cylinder for excessive permanent expansion; failed to maintain complete and accurate records of cylinder requalification; failed to provide recurrent hazmat training; failed to notify the cylinder owner in writing that a cylinder is condemned; failed to maintain current copies of all DOT exemptions governing exemption cylinders requalified at the facility.
[180.205(i)(1)(vii), 180.215(b) and (b)(2), 172.704(c)(2), 180.205(i)(3), 172.702(a), 180.215(a)(5), DOT-E 7235]
Case No. 06-0076-CR-SO
$5,820
Remington Arms Company, Inc.
Lonoke, AR
(Fiber Box Manufacturer)
Represented, marked, and certified combination packages as meeting the UN4G standard when periodic retesting was conducted at a lower gross mass than certified and marked on the packages; failed to provide a unique test report identification for each package test report.
[178.601(e), 178.601(l), 178.606(c)]
Case No. 06-0116-BM-SW
$6,290
Resurrection Medical Center
Chicago, IL
(Shipper)
Offered regulated medical waste, 6.2, in non-bulk packagings with closures that were not closed and secured against loosening; failed to develop and adhere to a security plan and provide security training; failed to register with PHMSA; offered diagnostic specimens, 6.2, in packagings that were incorrectly labeled; failed to provide general awareness and function-specific training or create and maintain training records.
[173.24(f)(1)(ii), 172.702(a) and (b), 172.800(b), 107.608(b), 107.612, 173.134(b)(6), 172.401(a)(2), 172.704(d), 172.704(a)(1), (2), (4) and (5)]
Case No. 06-0129-SIBC-CE
$7,760
Rhodes Chemical Company, Inc.
Kansas City, KS
(Shipper)
Offered organophosphorus pesticides, liquid, toxic, flammable, 6.1, PG I, in unauthorized UN standard 5-gallon closed-head steel pails.
[173.22(a)(2), 173.201(a) and (c), 173.24(c)]
Case No. 06-0198-SD-SW
$4,050
Ricca Chemical Company, Inc.
Pocomoke City, MD
(Shipper)
Failed to develop and adhere to a security plan; failed to provide security awareness training.
[172.800(b), 172.704(a)(4), 172.802(a), 172.702(a)]
Case No. 05-0517-SD-EA
$975
River Services, Inc.
Thunderbolt, GA
(Cylinder Retester)
Failed to condemn a cylinder having excessive permanent expansion, and failed to maintain accurate records of cylinder re-qualification.
[180.215(b)(2) and 180.205(i)(1)(iv)]
Case No. 05-0488-CR-SO
$9,745
Roche Bros. Barrel & Drum Company, Inc.
Lowell, MA
(Drum Reconditioner)
Represented, marked, certified, and sold a 55-gallon reconditioned open-head steel drum as meeting the UN1A2/Y1.2/100 standard when the drum was not originally manufactured and certified to a UN standard and had not been subjected to design qualification testing.
[178.601(d), 173.28(d)]
Case No. 05-0222-DR-EA
$3,700
Rocky Mountain Fire
Denver, CO
(Cylinder Retester)
Failed to maintain complete records of cylinder requalification; after equipment malfunction, repeated the test at the same pressure, rather than at 10 percent or 100 psi higher (whichever is lower); failed to provide general awareness, function-specific, safety, and security awareness training; failed to perform hydrostatic requalification on DOT cylinders at the minimum test pressure of 5/3 the service pressure; failed to verify the accuracy of the test equipment to within one percent of calibrated cylinder's pressure and corresponding expansion values; failed to maintain current copies of applicable DOT exemptions at its facility.
[180.215(b)(2), 180.205(g)(5), 172.704(a)(1)-(4), 180.209(a)(1), 172.702(b), 172.704(d), 180.205(g)(4), 180.215(a)(5)]
Case No. 04-530-CR-SW
$12,000
RoofMart International, Inc.
Chapman, KS
(Shipper)
Failed to develop and adhere to a security plan; offered coating solution, 3, and corrosive liquid, acidic, organic, n.o.s., 8, accompanied by a shipping paper that failed to provide a proper shipping name and identification number, failed to show the basic description in the specified sequence with additional information shown before the basic shipping description; failed to provide security awareness training.
[172.802, 172.800(b)(7), 172.201(a)(4), 172.702(b), 172.704(a)(4), 172.202(a) and (b)]
Case No. 05-0358-SD-SW
$3,600
Royal Chemical Company
Dallas, TX
(Shipper)
Offered corrosive liquid, basic, inorganic, n.o.s. (potassium hydroxide, sodium metasilicate), 8, in unauthorized non-UN standard 6-gallon open-head plastic pails; offered corrosive liquid, basic, inorganic, n.o.s. (potassium hydroxide, sodium metasilicate), 8, accompanied by a shipping paper that failed to indicate the (1) shipping name, (2) hazard class, (3) UN identification number, and (4) packing group for the material; offered corrosive liquids in packagings that were not marked with the proper shipping name and UN identification number for the material.
[173.22(a)(2), 172.301(a), 172.202(a)(1)-(4), 173.203(a)]
Case No. 06-0186-SD-SW
$8,800
Royal Custom Products, Inc.
Dallas, TX
(Shipper)
Failed to develop and adhere to a security plan.
[172.800(b) and 172.802(a) and (b)]
Case No. 05-0530-SD-SW
$3,825
Roysons Corporation
Rockaway, NJ
(Shipper)
Failed to provide recurrent hazmat training; Failed to develop and adhere to a security plan.
[172.702, 172.704(c)(2), 172.800(b), 172.802(b)]
Case No. 05-0620-SD-EA
$2,450
Rycoline Products, LLC
Chicago, IL
(Shipper)
Offered compound, cleaning liquid (ethyl acetate) 3, in an unauthorized non-UN standard open-head plastic pail; offered compound, cleaning liquid (ethyl acetate) 3, without (1) declaring the material as hazardous on a shipping paper, or (2) marking or labeling the packaging to indicate the presence of hazardous material, thereby creating an undeclared shipment.
[173.203(a), 172.200(a), 173.22(a)(1) and (2), 172.300(a), 173.400(a)]
Case No. 06-0088-SP-EA
$18,500
Ryko Manufacturing Company
Des Moines, IA
(Shipper)
Failed to develop and adhere to a security plan.
[172.800, 172.802]
Case No. 05-0563-SPD-CE
$2,950
S and F Sonics, Inc.
DBA Omegasonics, Inc.
Semi Valley, CA
(Shipper)
Failed to provide general awareness, function-specific, and safety training; failed to apply the hazard warning label on the same surface of the package and near the proper shipping name marking; offered hazardous materials accompanied by shipping papers that included an unauthorized emergency response telephone number and failed to provide the technical name of the material in association with the shipping description; offered corrosive liquid, n.o.s. (potassium hydroxide), 8, and corrosive liquid, n.o.s. (glycolic acid), 8, in unauthorized non-UN standard non-bulk packagings.
[172.704(d), 172.406(a)(1)(ii), 172.201(d), 172.203(k), 172.604(a)(1), 173.22(a)(2), 173.24(c)(1), 173.203(c), 172.704(a)(1)-(3), 172.702(a), (b) and (d)]
Case No. 04-154-SP-WE
$5,250
S & S Fire Extinguishers, Inc.
Solon, OH
(Cylinder Retester)
Failed to condemn cylinders consistent with the requirements by stamping X's over the specification marking, stamping "CONDEMNED" onto the cylinder, or rendering the cylinder incapable of holding pressure; failed to maintain complete records of cylinder inspection and requalification; after an equipment malfunction, repeated the hydrostatic test at the same pressure, rather than at 10 percent or 100 psig higher (whichever is lower); failed to provide general awareness, function-specific, and safety training, or create and retain training records; offered fire extinguishers, 2.2, accompanied by a shipping paper that failed to provide a basic shipping description or an emergency response telephone number.
[173.34(e)(6)(ii), 173.34(e)(8)(ii)(A) and (B), 180.215(b), 173.34(e)(4)(v), 172.704(a)(1)-(3) and (d), 172.604(a), 180.205(g)(5), 172.202(a) and (b), 172.702(b)]
Case No. 01-102-CRS-CE
$7,020
SOMA Forwarding Corporation
Brownsville, TX
(Shipper)
Failed to develop and adhere to a security plan.
[172.800(b) and 172.802(a) and (b)]
Case No. 04-518-SB-SW
$3,710
SYN-CO Chemical, Inc.
Spring Branch, TX
(Shipper)
Offered and transported hazardous material accompanied by a shipping paper that failed to provide the proper (1) shipping name, (2) UN identification number, and (3) packing group for the material; offered and transported PGII corrosive material in unauthorized non-UN standard combination packages; offered hazardous material for transportation in packaging that was not marked with the proper shipping name and UN identification number for the material; failed to properly label packages with the required hazard warning label; failed to provide general awareness and function-specific training.
[172.202(a)(1), (3) and (4), 173.22(a)(1) and (2), 173.202(a) and (b), 172.301(a), 172.400(a), 172.702(b), 172.704(a)(1) and (2)]
Case No. 03-522-SBD-SW
$3,500
Safety Kleen Systems
Plano, TX
(Shipper)
Offered phosphoric acid, liquid, 8, in packagings that were not secured against movement and leaked in transportation; Offered phosphoric acid, liquid, 8, accompanied by a shipping paper that failed to indicate the shipping name, hazard class, UN identification number, and packing group for the material.
[173.22(a)(2), 173.24(b), 176.69, 176.76(a)(2), 172.202(a)(1)-(4)]
Case No. 04-233-SD-SW
$13,800
Saratoga Specialties
Northlake, IL
(Shipper)
Failed to develop and adhere to a security plan, or provide security training; failed to provide general awareness and function-specific training and create and retain training records.
[172.800(b), 172.704(d), 172.704(a)(1), (2), (4) and (5), 172.702(b)]
Case No. 05-0303-SBD-CE
$4,970
Sayma Group, L.C.
Laredo, TX
(Freight Forwarder)
Failed to register with PHMSA; offered corrosive liquid, acidic, inorganic, n.o.s. (contains phosphoric acid, sulphuric acid), 8, accompanied by a shipping paper that failed to provide a hazardous material shipping description, a shipper's certification, and an emergency response telephone number; and other infractions of the 49 CFR HMR.
[172.802, 172.704(a) and (d), 172.800, 172.702(b), 107.608(a) and (b), 172.204(a) and (d), 172.201(d), 172.202(a), 172.604(a) and (b), 172.601(a)(6)]
Case No. 05-0190-FF-SW
$7,350
Schryver Medical Sales and Marketing, Inc.
Denver, CO
(Shipper)
Failed to conduct and maintain records of security awareness training; and other infractions of the HMR.
[172.800(b), 172.702(b), 172.704(d), 172.704(a)(4)]
Case No. 05-0588-SC-SW
$4,145
Sea The World Scuba Center
Farmington Hills, MI
(Cylinder Retester)
Failed to verify the accuracy of the test equipment to within one percent of the calibrated cylinder's test pressure and corresponding expansion values and failed to calibrate the test equipment at a pressure within 500 psig of actual test pressures; failed to maintain complete records of cylinder re-qualification.
[180.205(g)(3)(i) and (ii), and 180.215(a) and (b)]
Case No. 05-0548-CR-CE
$6,560
Security Fire Equipment Company, Inc.
Valdosta, GA
(Cylinder Retester)
Failed to verify the accuracy of the test equipment prior to testing; failed to calibrate the test equipment at a pressure within 500 psi of actual test pressures; failed to provide general awareness, function-specific, and security awareness training or create and retain employee training records; after equipment malfunction, conducted a second test at the same pressure, rather than at 10 percent or 100 psi higher (whichever is lower); failed to condemn cylinders having excessive permanent expansion. (It was subsequently determined that the "excessive permanent expansion" readings were the result of test equipment failure, not defective cylinders).
[180.205(g)(3), 180.205(g)(3)(i), 172.702(b), 172.704(a)(1), (2), and (4), 172.704(d), 180.205(g), 180.205(i)(1)(iv)]
Case No. 05-0565-CR-SO
$7,520
Seeman Fiberglass, Inc.
Harahan, LA
(Shipper)
Failed to close UN-certified 55-gallon closed-head steel drums in accordance with the manufacturer's closure notification; offered acetone, 3, accompanied by a shipping paper that failed to provide the proper UN identification number and packing group for the material; failed to develop and adhere to a security plan.
[173.22(a)(4), 172.202(a)(3) and (4), 173.22(a)(1), 172.802, 173.24(f)(2), 172.800(b)]
Case No. 05-0088-SD-SW
$10,638
Sherwin-Williams Company
DBA Flexbon Paints Company
Fort Myers, FL
(Shipper)
Failed to properly mark and label packages of paint, 3, PGII; offered hydrochloric acid solution, 8, and petroleum distillates, n.o.s., 3, accompanied by a shipping paper that failed to provide the (1) proper shipping name, (2) hazard class, (3) UN identification number, and (4) packing group; and other infractions of the 49 CFR HMR.
[172.704(c)(2), 172.704(a)(1) and (2), 172.702(a), 172.802(b), 172.400(a) and (b), 172.300(a), 172.800(b)(7), 172.202(a)(1)-(4)]
Case No. 05-0368-SP-SO
$10,040
Sherwin Williams Company, The
Greensboro, NC
(Shipper)
Filled and offered paint, 3, in an intermediate bulk container (IBC) and a DOT 57 portable tank that had not been subjected to required periodic visual inspection and leak-proofness testing.
[173.32(a)(2), 180.352(b), 180.605(c)(3), 173.35(a)]
Case No. 05-0647-SIBC-SW
$5,250
Showalter, Stephen
DBA Rainbow Fireworks
Inman, KS
(Shipper)
Failed to develop and adhere to a security plan; failed to provide general awareness, function-specific, and security awareness training; offered fireworks, 1.3G, accompanied by a shipping paper that failed to provide the proper shipping name for the material and a shipper's certification.
[172.802, 172.702(b), 172.202(a)(1), 172.204(a), 172.704(a)(1), (2), and (4), 172.800(b)]
Case No. 05-0341-SE-SW
$1,785
Sidney Lee Welding Supply, Inc.
Hampton, GA
(Shipper)
Failed to register with PHMSA; and other infractions of the 49 CFR HMR
[172.802, 107.601(a)(6), 107.608(a)and(b), 172.800, 172.704(d), 172.702(b)]
Case No. 05-0379-SC-SO
$5,300
SimplexGrinnell, Inc.
Conyers, GA
(Cylinder Retester)
Failed to condemn DOT specification and exemption cylinders for excessive permanent expansion; represented, certified, and marked a DOT specification cylinder as successfully retested when the hydrostatic retest was not performed at the minimum required test pressure; failed to maintain complete and accurate records of cylinder requalification; after equipment malfunction, repeated the test at the same pressure, rather than at 10 percent or 100 psig higher (whichever is lower).
[180.205(b), 180.205(g)(5), 180.215(b)(2), 180.209(a)(1), 180.205(i)(1)(iv) and (vii), DOT E-7235]
Case No. 06-0082-CR-SO
$24,300
Skasol, Inc.
Oakland, CA
(Shipper)
Offered hydrochloric acid solution, 8, in UN-certified 55-gallon closed-head plastic drums that were not closed in accordance with the manufacturer’s closure notification; failed to provide general awareness and function-specific training.
[173.22(a)(4), 172.702(b), 172.704(a)(1) and (2), 173.24(f)(2)]
Case No. 05-0347-SD-WE
$1,320
Slide Products, Inc.
Wheeling, IL
(Shipper)
Failed to develop and adhere to a security plan; failed to register with PHMSA.
[172.800(a), 107.608(a) and (b), 172.802(a) and (b)]
Case No. 05-0284-SC-CE
$3,300
Snyder Industries, Inc.
Lincoln, NE
(Drum Manufacturer)
Manufactured, marked, certified, and sold rigid intermediate bulk containers as meeting the UN31H2 standard, when they were not capable of passing the drop and vibration tests.
[178.801(a), 178.810, 178.819]
Case No. 05-0263-DM-SW
$10,500
South Mississippi Chemical & Supply
Hattiesburg, MS
(Shipper)
Failed to develop and adhere to a security plan; failed to provide general awareness, function-specific, safety, and security awareness training and create and retain training records; failed to register with PHMSA; offered sodium fluoride, 6.1, accompanied by a shipping paper that failed to provide the proper shipping name, hazard class, UN identification number, and packing group for the material.
[172.800(b), 172.702(b), 172.704(a)(1)-(4), 107.608(b), 107.612, 172.704(d), 172.202(a)(1)-(4)]
Case No. 05-0204-SP-SO
$4,840
Southcorp Packaging Corporation
Indianapolis, IN
(Drum/Fiber Box Manufacturer)
Represented, marked, certified, and sold open-head plastic pails as meeting the UN1H2/Y1.5/30 standard, when they were not capable of passing the drop test; represented, marked, certified, and sold combination packages as meeting the UN4G/Y32.7/S standard when they were not capable of passing the drop and Cobb water resistance tests.
[178.516(b)(1), 178.601(b), 178.603] Case Nos. 03-133-DM-CE and 03-134-BM-CE
$12,000
Southern Water Consultants, Inc.
Decatur, AL
(Shipper)
Failed to develop and adhere to a security plan.
[172.800(b), 172.802]
Case No. 05-0597-SD-SO
$2,700
Southern Welding Supply, Inc.
Savannah, GA
(Shipper)
Failed to develop and adhere to a security plan.
[172.800(b)]
Case No. 05-0345-SC-SO
$2,869
Southline Metal Products Company
Houston, TX
(Drum Manufacturer)
Manufactured, marked, certified, and sold 55-gallon steel drums as meeting the UN1A1 standard, when they were not capable of passing the drop, leak-proofness, and hydrostatic pressure tests.
[178.605, 178.604, 178.601(b), 178.603]
Case No. 05-0299-DM-SW
$11,000
Space Age Manufacturing Company, Inc.
South Pittsburg, TN
(Shipper)
Offered fireworks, 1.4G, in UN-certified combination packages, when the gross mass of the filled packages exceeded the gross mass to which those packages were tested and certified; offered fireworks, 1.4G, in packages marked as meeting the UN4G standard, when they were not closed in the same manner as tested, voiding the UN certification.
[173.22(a)(2), 178.503(4)(ii), 173.22(a)(4), 173.24(f)(2)]
Case No. 04-276-SB-SO
$3,750
Specialty Foundry Products, Inc.
Birmingham, AL
(Shipper)
Failed to register with PHMSA; failed to provide general awareness, function-specific, safety, and security awareness training; offered combustible liquid, n.o.s. (petroleum or petroleum naphthal) 3, accompanied by a shipping paper that included an unauthorized emergency response telephone number; and other infractions of the HMR.
[172.802(b), 172.800(b)(7), 107.608(a) and (b), 107.601(a), 172.704(c), 172.704(a)(1-4), 172.702(b), 172.604, 172.600]
Case No. 05-0543-SIBC-SO
$6,230
Specialty Ink Company, Inc.
Deer Park, NY
(Fiber Box Manufacturer/ Shipper)
Offered printing ink, 3, in combination packages that were represented, marked, and certified as meeting the UN standard when they were not subjected to required periodic retesting.
[173.22(a)(2), 173.203(a), 178.601(e), 178.2(b)]
Case No. 03-623-BMS-EA
$4,000
St. George Warehouse, Inc.
Addison, IL
(Shipper)
Failed to register with PHMSA; and other infractions of the 49 CFR HMR.
[172.802, 172.800(b), 107.608(a), 107.601(a)(6), 172.702(a)(1)-(3) and (5), 172.702(a), 172.704(d)]
Case No. 05-0513-SD-CE
$3,900
St. James Hospital
Chicago Heights, IL
(Shipper)
Offered regulated medical waste, 6.2, in an exemption bulk container when the material was not contained inside an intermediate packaging in accordance with the exemption; failed to provide general awareness, function-specific, and security awareness training and create and maintain training records.
[178.2(b)(2), 172.702(a), 172.704(a)(1), (2) and (4), DOT-E 11185, 172.704(d)]
Case No. 05-0558-SIBC-CE
$8,885
Standard Motor Products, Inc.
Independence, KS
(Shipper)
Offered hazardous waste, solid, n.o.s., 9, in unauthorized non-UN standard open-head steel drums.
[173.22(a)(2), 173.213(a), 173.24(c)]
Case No. 05-0405-SD-SW
$3,750
Standard Multiwall Bag Manufacturing Company
Beaverton, OR
(Bag Manufacturer)
Represented, marked, certified, and sold multiwall paper bags as meeting the UN5M2W standard when periodic retests were not conducted at the required intervals; failed to provide general awareness, function specific, and safety training; failed to notify each person to whom the UN-certified bags were transferred of all requirements not met at the time of transfer.
[178.601(e), 172.704(a)(1)-(3), 172.702(a), 178.2(a) and (c)]
Case No. 03-164-BGM-WE
$6,500
Star Welding Supply, Inc.
Irondale, AL
(Shipper)
Failed to develop and adhere to a security plan.
[172.800(b)]
Case No. 05-0622-SC-SO
$250
State Systems, Inc.
Memphis, TN
(Cylinder Retester)
Failed to verify the accuracy of (1) the pressure-indicating device to within plus or minus one percent of the prescribed pressure of any cylinder tested that day and (2) the expansion-indicating device to plus or minus one percent of the total expansion of any cylinder tested or 0.1 cc, whichever is larger.
[180.205(g)(3)(i)]
Case No. 04-211-CR-SW
$1,250
Stericycle
Indianapolis, IN
(Shipper)
Accepted and transported regulated medical waste, 6.2, in packagings with closures that were not secure and leak proof; offered regulated medical waste, 6.2, accompanied by a shipping paper that failed to indicate the total quantity of material.
[173.24(f)(1)(ii), 173.134, 173.197(b), 172.202(c), DOT-E 11141]
Case No. 03-406-SIBC-CE
$6,000
Stericycle
Cedar Rapids, IA
(Shipper)
Accepted and transported regulated medical waste, 6.2, in packagings with closures that were not secure and leak proof.
[173.24(f)(1)(ii), 173.197(b)]
Case No. 06-0219-SD-CE
$7,080
Stericycle
Columbus, OH
(Shipper)
Accepted and transported regulated medical waste, 6.2, in packagings with closures that were not secure and leak proof.
[173.24(f)(1)(ii), 173.197(b)]
Case No. 05-0570-SIBC-CE
$7,875
Sumter Coatings, Inc.
Sumter, SC
(Shipper)
Failed to mark an intermediate bulk container with the most current retest and reinspection information; failed to develop and adhere to a security plan; offered paint, 3, in an unauthorized non-UN standard intermediate bulk container; failed to close UN-certified open-head reconditioned 55-gallon steel drums in accordance with the drum reconditioner's closure notification; failed to provide general awareness, function specific, safety, and security awareness training, or create and retain training records.
[178.703(b), 172.802, 172.800(b), 178.601(b), 178.2(c), 173.24(f)(2), 173.22(a)(2) and (4), 172.704(a)(1)-(4), 172.704(d), 180.352(b), 173.24(c), 172.702(b), 180.352(e)]
Case No. 05-0054-SD-SO
$6,640
Sun Chemical Corporation
Fort Lee, NJ
(Shipper)
Filled and offered paint, 3, in intermediate bulk containers that had not been subjected to required periodic visual inspection and leak-proofness testing; offered printing ink, 3, in UN standard packagings certified to a lower specific gravity than the material shipped in them; failed to close UN-certified 55-gallon reconditioned open-head steel drums in accordance with the reconditioner’s closure notification; failed to provide security awareness training.
[173.22(a)(2), 173.35(a), 173.242(d), 180.352(a), 173.22(a)(4), 173.24(f)(2), 173.24a(b)(1), 173.202(a) and (c), 172.702(b), 172.704(a)(4)]
Case No. 05-0041-SIBCD-EA
$11,110
Suncoast Chemicals, Inc.
League City, TX
(Shipper)
Failed to register with PHMSA; failed to close packagings in accordance with the manufacturer's closure notification; failed to mark packagings with the proper shipping name of the material; and other infractions of the 49 CFR HMR.
[172.800(b), 172.702(b), 172.704(c)(2), 107.612, 107.601(a)(6), 173.22(a)(4), 173.23(f)(2), 172.301(a), 107.608(b), 172.704(d), 172.704(a)(4) and (5)]
Case No. 05-0081-SD-SW
$5,850
Supelco, Inc.
Bellefonte, PA
(Box Manufacturer/ Shipper)
Marked and certified combination packages as meeting the UN4G/X and UN4GV standards when proper design qualification testing was not conducted and test records were incomplete; failed to provide function-specific training.
[178.601(d) and (l), 178.603, 178.606, 172.704(a)(2), 172.702(a)]
Case No. 05-0603-BMS-EA
$8,500
Superior Carriers, Inc.
Springfield, MA
(IBC Reconditioner)
Represented, marked, and certified intermediate bulk containers as properly tested without conducting the prescribed wall thickness inspection; failed to provide recurrent employee training, or create and retain training records; and other infractions of the 49 CFR HMR.
[180.352(b)(3)(ii), 178.705(c)(1)(iv), 172.704(c)(2), 172.802, 172.800, 172.702(b), 172.704(d)]
Case No. 05-0238-IBCR-EA
$4,260
Sure Foot Corporation
Grand Forks, ND
(Shipper)
Failed to register with PHMSA; failed to provide recurrent employee training, or create and retain records of recurrent training; offered adhesives, 3, accompanied by a shipping paper that failed to provide the packing group of the material and included additional unauthorized information before the basic shipping description; and other infractions of the 49 CFR HMR.
[107.612, 172.704(d), 172.702(b), 172.800(b), 172.201(a)(4), 172.202(a)(4), 172.802, 172.704(c)(2), 107.601(a)(6), 107.608]
Case No. 04-150-SBP-CE
$4,500
Taylor Chemical
Lawrenceville, GA
(Shipper)
Failed to develop and adhere to a security plan; offered flammable liquids, corrosive, n.o.s. (isopropanol), 3, accompanied by a shipping paper that failed to provide (1) the proper shipping name, (2) UN identification number, and (3) packing group for the material; failed to create and retain training records.
[172.800, 173.22(a)(1), 172.202(a)(1), (3) and (4), 172.702(b), 172.704(d), 172.802]
Case No. 05-0502-SIBC-SO
$4,750
Team Solutions
Norwood, OH
(Shipper)
Offered environmentally hazardous substance, solid, n.o.s. (3-iodo-2-propynyl butyl carbamate), 9, in UN-certified fiber drums that were not closed in accordance with the manufacturer's closure notification.
[173.22(a)(4), 173.24(f)(2)]
Case No. 03-068-SD-EA
$250
Tech Spray, Inc.
Amarillo, TX
(Shipper)
Filled and offered compressed gas in exemption aerosol containers without performing a proper hot water bath test; failed to provide function-specific training; offered flammable liquid, n.o.s., 3, accompanied by a shipping paper that failed to provide an emergency response telephone number; offered hazardous materials in UN-certified one-gallon closed-head steel pails and 5-gallon plastic jerricans that were not closed in accordance with the manufacturers' closure notifications.
[DOT-E 10232, 172.702(b), 172.201(d), 172.604(a), 172.704(a)(2), 173.22(a)(4), 173.24(f)(2)]
Case No. 04-226-SCD-SW
$3,275
Tem-Tex Solvents Corporation
Temple, TX
(Shipper)
Filled, offered, and transported petroleum distillates, n.o.s., 3, in an intermediate bulk container that was not subjected to required periodic leak-proofness testing.
[173.35(a), 178.813(a), 180.352(b)]
Case No. 04-538-SIBC-SW
$2,175
Texas Fireworks Co, Inc.
Silsbee, TX
(Shipper)
Failed to conduct periodic retest drop tests from the correct drop height, and failed to create and maintain complete and accurate test records; failed to develop and adhere to a security plan; failed to provide security awareness training.
[178.601(e) and (l)(3), 172.802(a) and (b), 178.603(e)(1), 172.800(b), 172.704(a)(4), 172.702(b)]
Case No. 05-0116-SE-SW
$8,500
Texas Forwarding Services, Inc.
Laredo, TX
(Freight Forwarder)
Failed to develop and adhere to a security plan; offered amines, solid, corrosive, n.o.s., 8, accompanied by a shipping paper that failed to provide the technical name of the material in conjunction with the shipping description.
[172.800(b), 172.802(a) and (b), 172.203(k)]
Case No. 05-0207-FF-SO
$3,200
Thatcher Company
Salt Lake City, UT
(Shipper)
Offered hazardous materials in intermediate bulk containers (IBCs) that had not been subjected to testing and certification and therefore unauthorized; represented, marked, and certified single-unit tank car tanks as meeting a DOT specification when an internal visual inspection had not been conducted during the requalification process; marked single-unit specification DOT-106A500 tank car tanks with its retester's identification number without providing all of the required information on the test records; failed to close 55-gallon 1H1 plastic drums in accordance with the manufacturer's closure notification; offered corrosive liquid, basic, inorganic, n.o.s. (containing potassium hydroxide and sodium hypochlorite) and corrosive liquids, n.o.s. (containing phosphoric acid and dodecylbenzene-sulfonic acid), in packagings that were not marked with the proper shipping name and UN identification number; failed to condemn a cylinder in an authorized manner; failed to have a current copy of the regulations at its facility.
[178.702(a), 173.241(c), 180.352.(b) and (f), CGA Pamphlet C-6 Provision 4.2, 180.519(d), 173.28(a), 173.22(a)(4), 172.301(a), 172.304(a), 173.24(f)(2), 173.28(b)(2)(ii), 180.519(c), 178.703(a)(1), 172.101 Special Provision IB3 and IP8, 180.205(i)(2), 180.215(a)(4)]
Case No. 04-273-SPT-SO
$9,000
Thomas, Arthur H. Company, Inc.
DBA Thomas Scientific
Swedesboro, NJ
(Shipper)
Offered diethyl ether, 3, PGI, in unauthorized UN-standard packagings; failed to provide general awareness, function-specific, safety, security awareness, and in-depth security training, or create and retain training records; failed to develop and adhere to a security plan; offered n,n-dimethylformamide, 3, accompanied by a shipping paper that failed to provide a correct UN identification number, packing group, and unit of measure.
[173.201, 172.704(a)(1)-(5), 172.702(b), 172.202(a)(3)-(5), 172.802(a), 173.22(a)(2), 172.704(d), 172.800(b)]
Case No. 05-0534-SB-EA
$6,360
Thunderbird Cylinder, Inc.
Phoenix, AZ
(Cylinder Retester)
Failed to conduct an analysis of the distance between the porous mass and top heads while requalifying ICC 8 cylinders; failed to provide employee function-specific training related to visual inspection of ICC 8 cylinders, and failed to maintain complete records of cylinder requalification.
[180.209(i), 172.702(b), 180.215(b)(2), CGA Pamphlet C-13]
Case No. 05-0224-CR-EA
$2,250
Trade Unlimited, Inc.
Laredo, TX
(Freight Forwarder)
Failed to register with PHMSA; failed to provide general awareness, function-specific, safety, and security awareness training.
[107.608(a) and (b), 172.702(b), 172.704(a)(1)-(4)]
Case No. 05-0244-FF-SW
$1,820
Transene Company, Inc.
Danvers, MA
(Fiber Box Manufacturer/Shipper)
Represented, marked, and certified five combination package designs as meeting the UN4G standard when (1) test samples were not properly conditioned prior to test, (2) no stack test was performed on three of the designs, and (3) the stack test was improperly performed on two designs; offered hydrogen peroxide aqueous, 5.1 (8) in an improperly tested package design; failed to describe the package closure method in a design qualification test report; offered corrosive liquid, toxic, n.o.s. (hydrofluoric acid and acetic acid), 8, accompanied by a shipping paper that failed to provide a unit of measure for that material; failed to provide recurrent general awareness and function-specific training.
[173.22(a)(2), 178.601(d) and (l), 173.22(a)(2), 178.601(l), 178.603(c), 173.202, 178.606(a), 172.202(a)(5), 172.704(c)(2), 172.702(a)]
Case No. 06-0070-BMS-EA
$6,800
Triangle Chemical Company
Sycamore, GA
(Shipper)
Fined for infractions of the 49 CFR HMR.
[172.802, 172.800]
Case No. 05-0557-SD-SO
$3,710
Tri-County Industrial Supply, Inc.
Alvin, TX
(Shipper)
Failed to provide general awareness, function-specific, safety, and security awareness training; failed to retain copies of shipping papers for at least 375 days after shipment; failed to develop and adhere to a security plan; offered hazardous materials accompanied by a shipping paper that listed an unauthorized emergency response telephone number.
[172.702(b), 172.201(e), 172.802(a) and (b), 172.604(b), 172.800(b), 172.704(a)(1)-(4)]
Case No. 05-0300-SC-SW
$6,700
Tri-State Fire Equipment Company, Inc.
Fort Smith, AR
(Cylinder Retester)
Failed to maintain complete records of cylinder re-qualification; failed to confirm (1) the pressure-indicating device on the test apparatus was accurate to within one percent of the test pressure for cylinders tested that day, (2) the expansion-indicating device was accurate to one percent, or 0.1 cubic centimeter, whichever is larger, and (3) the accuracy of the test equipment at any point within 500 psig of the actual test pressure for pressures at or above 3,000 psig; failed to provide security awareness training, or create and retain training records; failed to condemn cylinders for excessive permanent expansion.
[180.215(b)(2), 180.205(g)(3)(i), 172.702(b), 172.704(d), 172.704(a)(4), 180.205(i)(1)(iv), 180.205(c)(2)(ii)]
Case No. 05-0246-CR-SW
$7,225
Tri-State Fire Protection, Inc.
Gilford, NH
(Cylinder Retester)
Failed to condemn cylinders with permanent expansion exceeding 10 percent of total expansion; failed to verify the accuracy of the test equipment (1) within one percent of the calibrated cylinder's pressure and corresponding expansion values and (2) at any point within 500 psi of the actual test pressure for test pressures at or above 3,000 psi; marked cylinders as successfully retested after the calibrated cylinder recorded permanent expansion during system calibration; failed to maintain complete and accurate records of cylinder re-qualification; failed to provide employee training or create and retain training records.
[180.205(i)(1)(iv), 180.205(g)(4), 180.205(g)(3)(i), 180.215(b), 172.704(a) and (d), 172.702(b)]
Case No. 04-369-CR-EA
$7,000
Trinity Testing Laboratories, Inc.
Laredo, TX (RMCS)
Offered and transported radioactive materials, special form, n.o.s. without preparing proper hazardous material shipping papers; offered and transported radioactive materials, special form, n.o.s. when emergency response information was not immediately available for use in the vehicles; offered and transported radioactive materials, special form, n.o.s. in damaged DOT 7A Type A packages that are unauthorized because they no longer meet the marked specification.
[172.200(a), 172.600(c), 173.415(a), 173.475(b) and (c)]
Case No. 98-002-RMCS-HQ
$6,000
Tull Chemical Company, Inc.
Oxford, AL
(Shipper)
Failed to develop and adhere to a security plan; failed to register with PHMSA; failed to provide general awareness, function-specific, safety, and security awareness training; offered sodium fluoroacetate, 6.1, PGI, accompanied by a shipping paper that provided an unauthorized emergency response telephone number.
[172.800(b), 172.802(b), 107.608(a) and (b), 172.604(b), 172.704(a)(1)-(4), 172.702(b)]
Case No. 05-0424-SB-SO
$8,129
Underwater Adventures
Leesburg, FL
(Cylinder Retester)
Failed to hold a current retester's identification number; failed to calibrate the test equipment prior to testing and failed to verify the accuracy of the equipment to within one percent of the calibrated cylinder's pressure and corresponding expansion values; failed to remark aluminum exemption cylinders as DOT 3AL; failed to provide general awareness and function-specific training; represented, marked, and certified exemption cylinders as successfully requalified, when they should have been condemned based on expiration of the applicable exemptions; failed to maintain complete and accurate records of daily calibration and cylinder requalification.
[173.34(e)(2), (4) and (6) 173.23(c), 172.704(a)(1) and (2), DOT-E 6576, 172.704(d), DOT-E 6688, 172.702(b), 173.34(e)(8)(ii)]
Case No. 04-251-CR-SO
$3,000
United Rentals North America, Inc.
Chesapeake, VA
(Shipper)
Offered and transported corrosive liquids, acidic, organic, n.o.s. (citric acid), 8, without preparing a hazardous material shipping paper; failed to placard the vehicle or provide placards to the carrier at the time the material was offered; failed to provide required emergency response information; failed to carry a copy of the current certificate of registration or other document bearing the certificate number on board each truck used to transport hazardous materials; failed to develop and adhere to a security plan; failed to provide general awareness, function-specific, safety, and security awareness training; failed to place the warning label on the same package surface as the proper shipping name marking.
[172.200(a), 172.604(a)(1), 172.506(a), 172.600(c), 107.620(b), 172.802(a) and (b), 177.817(a), 173.22(a)(1), 172.704(a)(1)-(4), 172.702(b), 172.800(b), 172.406(a)(1)(ii)]
Case No. 05-0592-SD-EA
$15,175
Universal Fire Equipment Company
Van Buren, AR
(Cylinder Retester)
Failed to condemn cylinders having excessive permanent expansion; failed to verify the accuracy of the test equipment (1) within one percent of the calibrated cylinder’s test pressure and corresponding expansion values and (2) at any point within 500 psi of the actual test pressure for test pressures at or above 3000 psi; failed to maintain complete and accurate records of cylinder re-qualification; and other infractions of the 49 CFR HMR.
[DOT-E 10147, 180.205(g)(3), 172.704(a)(1) and (4), 172.702(a) and (b), 180.215(b)(1) and (2), 180.205(c), DOT-E 9716, 180.205(i)(1)(iv) and (vii)]
Case No. 05-0211-CR-SW
$8,000
V & S Sales Company, Inc.
DBA Adhesive Solutions
Santa Fe Springs, CA
(Shipper)
Offered flammable liquids, n.o.s. (petroleum distillates, acetone, toluene), 3, in unauthorized non-UN standard combination packages; failed to develop and adhere to a security plan.
[173.22(a)(2), 173.202(a) and (b), 172.800(a) and (b)]
Case No. 05-0355-SBD-WE
$4,213
Val-Et Manufacturing Company, Inc.
Factoryville, PA
(Shipper)
Offered cord, igniter, 1.4G, in unauthorized UN standard combination packages; failed to provide function-specific training.
[173.22(a)(2), 173.24(b)(2), 173.60(b)(3), 173.62(a), 172.702(a), 172.704(a)(2)]
Case No. 03-397-SE-EA
$500
Vallejo Fire Extinguisher Service, Inc.
Vallejo, CA
(Cylinder Retester)
Failed to condemn cylinders for excessive permanent expansion; failed to provide security awareness training; after equipment malfunction, repeated the hydrostatic test at the same pressure, rather than at 10 percent or 100 psig higher (whichever is lower).
[180.205(i)(1)(iv) and (vii), 172.702(b), 172.704(a)(4), 180.205(g)(5)]
Case No. 05-0640-CR-SW
$9,675
Venture Chemicals, Inc.
Lafayette, LA
(Shipper)
Offered corrosive solid, n.o.s., 8, in unauthorized non-UN standard non-bulk packaging; offered corrosive solid, n.o.s., 8, without preparing a hazardous material shipping paper; failed to register with RSPA; offered corrosive solid, n.o.s., 8, in packaging that was not marked with the proper shipping name of the material; failed to provide general awareness and function-specific training and create and retain training records.
[173.22(a)(2), 172.604, 172.200(a), 172.204(a), 107.608, 172.202, 172.301(a), 173.22(a)(2), 172.704(a)(1) and (2), 172.702(b), 173.213, 173.24(c)]
Case No. 03-237-SD-SW
$5,106
Venus Laboratories
Huntington Beach, CA
(Shipper)
Offered cleaning liquid, 8, (containing potassium hydroxide), in unauthorized, non-UN standard, non-bulk packaging; failed to close UN-certified 55-gallon closed-head plastic drums in accordance with the package manufacturer's closure notification; offered sulfuric acid accompanied by a shipping paper that failed to provide a proper UN identification number and included an emergency response telephone number that was not monitored at all times the material was in transportation or stored incident to transportation.
[173.202(a), 173.24(c)(1), 173.22(a)(2), 173.24(f)(2), 173.22(a)(4), 173.22(a)(1), 172.604(a), 172.204(a), 172.202(a)(3)]
Case No. 04-166-SDP-WE
$12,830
Vet’s Explosives, Inc.
Torrington, CT
(Shipper)
Offered and transported explosive blasting, type B, 1.5D, and other explosives and explosive devices, accompanied shipping papers that variously provided incomplete or inaccurate hazardous material shipping descriptions; offered and transported explosive, blasting, Type E, 1.5D, in packaging that was not marked with the explosive approval number for the material; failed to develop and adhere to a security plan; failed to provide security awareness training or create and retain complete hazmat training records.
[172.202(a)(1)-(5), 172.802(a) and (b), 172.704(d), 172.800(b), 172.704(a)(4), 172.320(a) and (d), 172.702(a) and (b)]
Case No. 05-0315-SE-HQ
$13,200
Vickers Industrial Coatings, Inc.
Channelview, TX
(Shipper)
Offered hazardous materials accompanied by shipping papers that variously (1) failed to provide the proper hazard class and packing group for the material, (2) included an unauthorized emergency response telephone number, and (3) failed to provide a shipper’s certification; failed to register with PHMSA; failed to develop and adhere to a security plan; failed to create and retain records of hazmat training.
[172.201(d), 172.202(a)(2) and (4), 172.204(a), 172.604(b), 172.608(b), 172.802(a) and (b), 172.704(d), 172.702(b), 172.800(b)]
Case No. 05-0360-SBD-SW
$5,199
Villa Joseph Marie Girls High School
Southampton, PA
(Shipper)
Failed to provide general awareness, function-specific, safety, security awareness, and in-depth security training, or create and retain training records; failed to develop and adhere to a security plan; offered bromine, 8 (6.1), toxic by inhalation, Zone A, under DOT exemption, while failing to maintain a copy of the exemption; offered bromine, 8 (6.1), in a package that was not closed as required by the exemption; offered bromine, 8 (6.1), in a package that was not marked "Inhalation Hazard."; failed to register with PHMSA; offered bromine, 8 (6.1), accompanied by a shipping paper that did not include the words "toxic-inhalation hazard" and the exemption number.
[172.702(b), 172.802 (a) and (b), 173.22(a)(2), 173.226(c), 172.300(a), DOT-E 10672, 172.704(d), 172.313(a), 172.203(a) and (m), 172.200(a), 107.608(a), 172.313(a), 173.24(f), 172.704(a)(1)-(5), 172.800(b)]
Case No. 05-0028-SBD-EA
$5,000
Vulcan Container
Petrolia, Ontario, Canada
(Drum Reconditioner)
Represented, marked, and certified steel drums as meeting the UN1A2/Y1.5/100 standard, when design qualification testing was not performed.
[178.601(d), 173.24(d)(2), 178.2(a)(i), 173.28(d)]
Case No. 04-088-FDR-EA
$5,000
WLT Trucking, Inc.
DBA WLT, Inc.
Hammonton, NJ
(Motor Carrier)
Transported lighters, 2.1, when the lighters and packaging had not been examined by an authorized agency and approved by the Associate Administrator for Hazardous Materials Safety; accepted and transported lighters, 2.1, without receiving a hazardous material shipping paper; failed to register with RSPA.
[173.21(i), 177.817(a), 107.608(b)]
Case No. 03-072-CB-EA
$1,650
WNV Sales, Inc.
Miami, FL
(Shipper)
Offered lighters, 2.1, that had not been examined by an authorized agency and approved by the Associate Administrator for Hazardous Materials Safety; failed to provide general awareness, function-specific, and safety training or create and maintain training records; failed to register with RSPA.
[173.21(i), 172.702(b), 172.704(a)(1)-(3), 107.608, 107.612, 172.704(d)]
Case No. 03-256-SB-SO
$5,106
Wal-Mart Stores East, LP
Montoursville, PA
(Shipper)
Offered fireworks, 1.4G, in unauthorized non-UN standard non-bulk packaging; Offered fireworks, 1.4G, in packagings that were not marked with the proper shipping name, UN identification number, and explosive approval number for the material, and accompanied by a shipping paper that, alternatively, did not include the explosive approval number.
[173.22(a)(2), 173.24(c), 173.62, 172.320(a), 172.301(a), 172.202(a)(5)]
Case No. 05-0535-SE-EA
$10,870
Water Chemical Service, Inc.
Aberdeen, MD
(Shipper)
Failed to develop and adhere to a security plan.
[172.800(b), 172.802(a)]
Case No. 05-0516-SD-EA
$275
Water Tech, Inc.
Fort Smith, AR
(Shipper)
Offered phosphoric acid, 8, sodium hypochlorite solution, 8, and sodium hydroxide solution, 8, and various other corrosive materials in unauthorized non-UN standard open-head 5-gallon plastic pails; failed to provide recurrent training; failed to close UN-certified 55-gallon closed-head plastic drums in accordance with the manufacturer's closure notification; offered hazardous materials, accompanied by shipping papers that variously (1) included additional information before the basic shipping description, (2) listed the name instead of the number for the hazard class/division, and (3) provided an incorrect packing group for the material.
[172.702(b), 173.203, 173.202, 173.22(a)(2) and (4), 172.201(a)(4), 172.202(a)(2) and (4), 172.202(b), 173.24(f)(2), 172.704(c)(2)]
Case No. 05-0199-SDIBC-SW
$9,120
Weatherford Drilling & Well Services
Pearland, TX
(RMS)
Offered and transported radioactive materials, n.o.s. in a DOT 7A Type A packaging, without maintaining complete documentation of tests, engineering evaluations, or comparative data showing that the construction method, packaging design, and materials of construction comply with the specification; offered and transported radioactive materials in special form without maintaining on file a complete safety analysis, including documentation of any tests, demonstrating that the special form material meets the requirements of special form, or an International Atomic Energy Agency (IAEA) Certificate of Competent Authority issued for the special form material; offered radioactive material, Type A package, special form, 7, accompanied by a shipping paper that failed to provide the proper shipping name for the material; failed to provide general awareness, function-specific, safety, and security awareness training and create and retain complete training records; failed to include a written risk assessment as part if the security plan.
[173.415(a), 173.476(a), 173.202(a), 172.702(b), 172.802(a), 172.704(d), 172.704(a)(1)-(4)]
Case No. 05-0462-RMS-SW
$5,200
Wedor Corporation
West Allis, WI
(Shipper)
Failed to provide general awareness, function-specific, safety, and security awareness training or create and maintain training records; offered hazardous materials in UN-certified reconditioned 55-gallon closed-head plastic and steel drums that were not closed in accordance with the reconditioner's closure notification.
[172.702(a), 172.704(d), 172.704(a)(1)-(4), 173.24(f)(2), 173/22(a)(4)]
Case No. 06-0023-SD-CE
$1,725
Weitron, Inc.
Elkton, MD
(Shipper)
Failed to develop and adhere to a security plan; failed to provide general awareness, function-specific, and safety training.
[172.802, 172.702, 172.800(b), 172.704(d), 172.704(a)(1)-(3)]
Case No. 05-0489-SC-EA
$4,420
Welding Engineering Supply Company, Inc.
Moss Point, MS
(Shipper)
Offered petroleum gases, liquefied, 2.1, and other gases, accompanied by shipping papers that failed to list an emergency response telephone number that is monitored at all times that the materials are in transportation; failed to develop and adhere to a security plan.
[172.604(a)(1) and (2), 172.800(b)]
Case No. 05-0183-SC-SO
$5,400
Wes Adhesives, Inc.
Houston, TX
(Shipper)
Failed to develop and adhere to a security plan; offered adhesives, 3, accompanied by shipping papers that failed to include a signed shipper’s certification; failed to provide general awareness, function-specific, safety, and security awareness training; failed to register with PHMSA.
[172.800(b), 172.204(d), 172.802(a) and (b), 172.702(b), 172.704(a)(1)-(4), 107.608(b)]
Case No. 05-0518-SD-SW
$5,954
WestAir Gases & Equipment
San Diego, CA
(Shipper)
Failed to develop and adhere to a security plan.
[172.800(b), 172.802(b)]
Case No. 06-0083-SC-SO
$275
Wilko Paint, Inc.
Wichita, KS
(Shipper)
Failed to create and maintain records of IBC periodic retest and inspection; failed to provide general awareness, function-specific, and safety training; and other infractions of the 49 CFR HMR.
[172.802, 172.800, 180.352(f), 172.704(a)(1)-(3), 172.702(b)]
Case No. 04-535-SIBC-SW
$5,640
Williamette Valley Company
Conyers, GA
(Shipper)
Fined for infractions of the 49 CFR HMR.
[172.802(b), 172.800(b)]
Case No. 05-0467-SD-SO
$3,000
Williams Equipment and Supply
Memphis TN
(Shipper)
Failed to develop and adhere to a security plan; failed to provide general awareness, function-specific, safety, and security awareness training.
[172.800(b), 172.802(a) and (b), 172.704(a)(1)-(4), 172.702(a)]
Case No. 05-0650-SD-SO
$3,431
Wilson Products Compressed Gas Company, Inc.
Easton, PA
(Cylinder Retester)
Failed to verify the accuracy of the test equipment to within one percent of the calibrated cylinder's test pressure and corresponding expansion values; tested and marked cylinders as successfully requalified after the calibrated cylinder recorded permanent expansion during system calibration; failed to determine the cylinder's average or maximum wall stress prior to marking it with the "+" symbol; failed to maintain complete and accurate records of cylinder requalification; failed to mark cylinders with the proper reinspection date and external retest symbol.
[173.34(e)(4)(iii)(A), 173.34(e)(4)(iv), 173.34(e)(8)(ii)(C), 173.302(c)(3) and (5), 173.34(e)(8)(ii), 173.34(e)(1) and (13), 173.34(e)(7)(ii)]
Case No. 01-087-CR-EA
$5,530
Windspeed Logistics, LLC
Baltimore, MD
(Shipper)
Failed to register with PHMSA; failed to develop and adhere to a security plan; offered calcium, 4.3, accompanied by a shipping paper that (1) failed to provide the proper shipping name for the material, (2) contained additional information within the basic shipping description, and (3) failed to include a shipper’s certification.
[107.608(b), 107.612, 172.800(b), 172.202(a)(1), 172.201(a)(4), 172.204(a)]
Case No. 05-0240-SD-EA
$5,400
Worldwide Supply
Waco, TX
(Shipper)
Failed to develop and adhere to a security plan.
[172.800(b)]
Case No. 05-0638-SD-SW
$275
Wyle Laboratories, Inc.
El Segundo, CA
(Third Party Packaging Certifier)
Failed to develop and adhere to a security plan; represented and certified combination packages as meeting UN-performance standards, when the test records failed to completely describe the package designs and performance tests; represented and certified a large package as meeting a UN4G/Y359/S combination package standard, without approval from PHMSA’s Associate Administrator for Hazardous Material Safety or testing and certification in accordance with Chapter 6.6 of the UN Recommendations on the Transport of Dangerous Goods.
[172.800(b), 178.601(l), 178.602(d) and (e), 178.801(i)]
Case No. 05-0065-PC-SO
$6,240
Zinifex Clarksville, Inc.
Clarksville, TN
(Shipper)
Failed to develop and adhere to a security plan; offered environmentally hazardous substance, solid n.o.s. (lead), 9, in packages that were not marked with the proper shipping name and UN identification number for the material.
[172.800(b), 172.802(b), and 172.301(a)(1)]
Case No. 05-0484-SD-SO
$3,600
Total number of cases - 420
Total civil penalties - $2,230,793
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