NY Man Sentenced for “Reckless” Hazmat Violations

 

“Recklessly transporting hazardous materials without proper documentation as required by federal regulations is illegal and poses and danger to the traveling public…(W)e will continue to pursue individuals and companies that circumvent laws designed to safely move goods and products throughout the United States.”

US DOT Office of the Inspector General (OIG)

The US Department of Justice shared recently that a business owner in New York was sentenced to one year of supervised release, including three months of home confinement, after serving time for crimes related to pesticide sales and hazmat transportation.

The man violated the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Hazardous Materials Transportation Act (HMTA), a jury found, when he transported an unregistered pesticide containing the hazardous chemical dichlorvos across state lines to sell.
 

Dichlorvos is a hazardous substance with a reportable quantity (RQ) of 10 pounds (40 CFR 302). The defendant was found to be transporting more than 300 pounds of the substance, without required hazmat shipping papers. If the substance had been released during transport, first responders would have lacked crucial information needed to protect themselves, limit public exposure, and stop/contain the release. 

The US Attorney for Maryland said this about the sentencing: 

“The district of Maryland is committed to rooting out criminal actors that brazenly violate federal transportation and environmental laws while simultaneously putting Maryland’s first responders and residents in harm’s way.” 

What is Reportable Quantity or “RQ”?

The “RQ” for a hazardous substance is the amount of the material that, if released, requires immediate reporting to the National Response Center (NRC). Shippers of hazmat are required to indicate, on shipping papers (and on packages, at times), when a shipment contains a hazardous substance in a quantity at or above the RQ.

Related: When to Indicate RQ for Hazmat Shipments