Transportation of Hazardous Materials
- Recent News

FOR IMMEDIATE RELEASE
Tuesday, February 1, 2000
Contact: Patricia Klinger
Tel.: (202) 366-4831
RSPA 2-00

U.S. Transportation Agency Announces Civil Penalty
Against New York Firm for Hazardous Materials Violations

Research and Special Programs Administrator Kelley S. Coyner today announced that a New York explosives manufacturer has agreed to pay a civil penalty for violating federal hazardous materials transportation law.

While admitting no liability, Dyno Nobel, Port Ewen, N.Y., agreed to pay a $40,000 civil penalty as a result of a U.S. Department of Transportation civil penalty enforcement case.

The Department's Research and Special Programs' (RSPA) Office of the Chief Counsel found that in March, September and November 1995 Dyno Nobel shipped several drums of hazardous waste from its facility in New York to a commercial incineration facility in Ohio.

On Dec. 5, 1995, some of the drums were involved in a large explosion at the incineration facility. As a result of the explosion, the incinerator suffered significant damage.

The evidence shows that these drums contained primary and high explosive materials, and were not correctly classed as containing primary and high explosives, which are class 1 materials. As a result, the drums were improperly described on the hazardous waste manifest and were not properly marked or labeled. The class 1 material was incorrectly classified on the shipping documents.

"Misclassifying any hazardous material is a very serious matter because it can result in improper handling of the material by the carrier and may cause danger to emergency personnel responding to an incident," Coyner said. "Safety is our highest priority."

Coyner said that class 1 materials have specific attendance, safety, security, and vehicle routing requirements. As the result of a shipper's failure to properly describe a class 1 material, a carrier unknowingly might travel over bridges and through tunnels and densely populated areas that would be forbidden to a vehicle transporting class 1 materials. Furthermore, there is a significant difference in the emergency response requirements for class 1 materials.

In addition, certain class 1 materials may not be transported in the same package or on the same transport vehicle as other class 1 materials. In this case, Dyno Nobel transported two different category class 1 materials in the same drum. The type and quantity of explosive material that Dyno Nobel offered, coupled with the fact that the carrier was not aware it was transporting explosives, made this a serious violation, Coyner said.

The State of New York is also pursuing charges against Dyno Nobel as a result of the shipments.

Rocky Piaggione, Assistant Attorney General, Environmental Crimes Section, prosecuted the case on behalf of New York. This case was a joint effort of RSPA and the New York Attorney General's Office.

This page was updated on 22-Mar-2023