Dover Chemical Likely to be Fined $227,500 by FAA as Civil Penalty For Hazmat Violation
The Federal Aviation Administration is proposing a $227,500 civil penalty against Dover Chemical Corporation, a chemical producer based in Dover, Ohio, for alleged violations of federal hazardous materials regulations.
The FAA alleges that on June 15, 2010 Dover Chemical offered sulfur monochloride, a hazardous material, to United Parcel Service for transportation by air from Hammond, Ind., to Dover. The hazardous materials regulations prohibit carriage of sulfur monochloride aboard any type of aircraft, as the chemical’s vapors can be very poisonous if inhaled.
Dover Chemical allegedly offered the material when it was not packaged, marked, classed, described, labeled or in condition for shipment as required by regulations. UPS workers at the carrier’s sorting hub in Louisville discovered the shipment because it had leaked.
FAA has given Dover Chemical 30 days to respond to the agency from receipt of the FAA’s enforcement letter.
About Dover Chemical Corporation
According to their website, Dover Chemical is a producer of chlorinated paraffins, polymer additives, liquid and solid antioxidants (including organophosphites), flame retardants, and additives for water-based and oil-based metalworking fluids.
Rules and Regulations for Shipping Hazmats
Companies that undertake to ship hazmats must be ready to ship under the new International Air Transport Association Dangerous Goods Regulations (IATA DGR), 52nd Edition, which came into effect on January 1, 2011. There are extensive changes to the packing rules and new rules for shipping "consumer commodities".
Companies that ship hazardous materials by air must assure that their products are properly classified, described, packaged, marked, and labeled as per the FAA regulations.
The FAA issues penalties for violation of the Department of Transportation Hazardous Materials Regulations (HMR) found at 49 CFR Parts 171 to 185, which were issued pursuant to the Federal Hazardous Materials Transportation Law, 49 U.S.C. Sections 5101 to 5127.
HAZMAT shippers are now fined $50,000 for each violation by the Federal Aviation Administration as compared to the earlier penalty of $10,000.
Source
http://www.becker-poliakoff.com/pubs/articles/quinter_p/quinter_blog_hazmat.pdf
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