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of $1.8 million for failure to: properly mark and label the package with the correct, proper shipping name, identification number, hazard warning labels, package the materials into UN approved fiberboard boxes, and offer a dangerous goods declaration, which includes the correct basic description (in the order required), additional descriptive information, emergency response information and telephone number, packaging information, shipper’s certification and signature. Furthermore, the DOT will tack on violations for not providing training, because the hidden hazardous materials shipment itself would constitute prima fascia evidence that the shipper was not properly trained. All of the individual offenses arise of out the simple failure to properly mark the package with the minimum required marking—in this case, the proper shipping name (Consumer Commodity), and the hazard class (ORM-D), within a rectangle having dimensions at least one-quarter inch greater on all sides than the ORM-D designation itself. This is what regulatory enforcements agents call “stacking the case.” These types of cases are very hard to defend against and more often than not, the Respondent will pay a substantial penalty as By air... a compromise to settle the proposed civil penalty. Quite simply, under this new rule, if you make a mistake, get out your checkbook. Be prepared to pay a hefty fine if you “knowingly” or even “unknowingly” commit a violation of the HMR. I guess the best advice that I might offer to any shipper is this: “When in Doubt, Leave it Out!” If you’re not sure, don’t ship. Call and ask for assistance. SPRAY July 2013 Spray 85


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