hmr violations

Heritage-Crystal Clean Pays Civil Penalty of $4,680 for Violations of the Hazardous Material Regulations

By this Order I find Heritage-Crystal Clean, LLC committed two (2) violations of the Hazardous Materials Regulations (HMR), 49 C.F.R. Parts 171-180. Accordingly, I assess Respondent a $4,680 civil penalty for the violations.

I. Summary
Respondent: Heritage-Crystal Clean, LLC
950 Northland Boulevard
Cincinnati, OH 45240
ATTN: Ms. Catherine McCord, Vice President
No. of Violations: 2
Total Payment Due: $4,680

II. Finding
This matter comes before me after Respondent and the Pipeline and Hazardous Materials Safety Administration (PHMSA) agreed to a disposition of this case. I find Respondent committed the violations described in the Compromise Agreement (Agreement), which I have attached hereto. I have reviewed the Agreement and I find that the terms as outlined therein are in the best interest of justice. The Agreement, in its entirety, is incorporated in and attached to this Order. All of the terms and conditions of the Agreement shall be given the full force and effect of an Order issued pursuant to the Federal hazardous materials transportation law, 49 U.S.C. § 5101, et seq., or the Hazardous Materials Regulations, 49 C.P.R. Parts 171- 180.

Read the Final Order

A situation like this reinforces a point I made in an earlier article, Do Big Companies Know the Regulations?  That is, that big companies, even those with names you recognize, frequently violate the Hazardous Material Regulations  of the USDOT/PHMSA through ignorance of the regulation.  So don’t rely on a “Big Company” when your compliance with the regulations are at stake.  Make certain you have the training and the knowledge necessary to ensure compliance with the regulations.  Please contact me with any questions.

QC Labs in Orlando, FL Assessed $7,950 in Fines for Seven Violations of the HMR

QC Laboratories Inc. located in Orlando, FL has been assessed a fine of $7,950 for seven (7) violations of the hazardous material regulations of the USDOT/PHMSA.

Background

On May 25, 2011, investigators from PHMSA’s Office of Hazardous
Materials Safety Field Operations (OHMSFO) conducted a compliance inspection at
Respondent’s facility, in Orlando, Florida, pursuant to 49 U.S.C. § 5121 and 49 C.F.R.
§ 107.305. PHMSA’s investigator reported eight (8) alleged violations of the HMR. On
or about May 23, 2011, after the conclusion of the compliance inspection, PHMSA’s
Investigator contacted and interviewed the Respondent, and then conducted an “exit
briefing” during which the investigator discussed the alleged violations and the required
corrective actions with Respondent’s representative.

Based on a preliminary assessment of the apparent nature, circumstances,
extent, and gravity of the probable as set forth in the inspector’s report, on
January 18, 2012, an attorney from PHMSA’s Hazardous Materials Safety issued a
Notice of Probable Violation (NOPV) alleging seven violations of the HMR and
proposing a $9,550 civil penalty.

Reply to Notice:

On February 16, 2012, the Respondent submitted a timely reply Notice.

Corrective Action:

In letters dated June 20, 2012, February 16, 2012, March 27,2012, September 18, 2012, and December 12,2012, Respondent submitted evidence of corrective actions it had taken in response to the exit briefing. The following
is a summary of all of Respondent’s documented corrective actions.
1. Respondent has registered as a party to the USNRC packaging approval.
2. Respondent has acquired a certificate of approval for the Type B package related to violation number 2.
3. Respondent has added a risk assessment for its security plan.
4. Respondent has provided in-depth security training to all employees.
5. Respondent is now using the correct USNRC package ID on its shipping papers and has identified monitoring times for all emergency response numbers.
6. Respondent is now listing correct activity and transport index on Yellow II labels.

HMR Violations:

  • Offering and transporting in commerce a hazardous material in a Type B(U) package, RQ, UN2916, Radioactive Material, Type B(U) Package, 7, while failing to register with the United States Nuclear Regulatory Commission (USNRC) as a party to the packaging approval in violation of 49 C.F.R. §§ 171.2(a, b, f, i)-and 173.471(a).
  • Offering and transporting in commerce a hazardous material in a Type B(U) package, RQ, UN2916, Radioactive Material, Type B(U) Package, 7, Special Form, while failing to maintain a complete safety analysis or certificate of competent authority in violation of 49 C.F.R. §.§ 171.2(a, b, e, f and 173.476(a).
  • Offering and transporting in commerce a known radionuclide listed by the USNRC as a quantity of concern while failing to develop a security plan with a written risk assessment in violation of 49 C.F.R. §§ 171.2(a, b, e, f), 172.800(b)(5), and 172.802(b, c).
  • Offering and transporting in commerce a hazardous material in a Type B(U) package, RQ, UN2916, Radioactive material, Type B(U) Package, 7, while failing to provide in·depth security training to hazmat employees in violation of 49 C.F.R. §§ 171.2(b), 172.702(a), and 172.704(a)(5).
  • Offering and transporting in commerce a hazardous material in a Type B(U) package, RQ, UN2916, Radioactive material, Type B(U) Package, 7, while failing to list the correct USNRC package identification number on the shipping paper in violation of 49 C.F.R. §§ 171.2(a, b, e, f) and 172.203(d)(l).
  • Offering and transporting in commerce a hazardous material in a type B(U) package, RQ, UN2916, Radioactive Material, Type B(U) Package, 7, while listing multiple emergency response telephone numbers on a shipping paper, that are not monitored 24 hours a day, without specifying times for each in violation of 49 C.P.R. §§ 171.2(a. b e) and 172.604(a)(2).
  • Offering and transporting in commerce a hazardous material in a Type B(U) package, RQ, UN2916, Radioactive Material, Type B(U) Package, 7, Special Form, Ir-192 777TBg, (21Ci) Transport Index 0.3, while failing to enter the correct activity and transport index on the Radioactive Yellow II labels in violation of 49 C.F.R. §§ 171.2(a. b, e, f) and 172.403(a)(2 3).

Read the full Compromise Order here.

No matter what hazardous materials you offer for transportation:  Radioactive, Explosive, Flammable and Combustible Liquids, or Miscellaneous; as a shipper of a HazMat you must comply with all the regulations of the USDOT/PHMSA known as the HMR.