Hazardous Material Spills Do Not Always Result In Penalties

While all persons offering hazardous materials for transportation are responsible for compliance with the HMR, each person is responsible only for the specific regulated functions performed. Penalties of the HMR are assessed on a case-by-case basis which depend upon a number of factors including the nature, circumstances, extent and magnitude of the violation (spill). A spill may or may not result in a penalty depending on the cause of the spill and whether it is related to non-compliance with the HMR. Enforcement program procedures and civil penalty guidelines are set forth in 49 CFR Part 107, Subpart D. It is critical that each person in possession of a hazardous material, during its transportation, reports certain incidents involving the hazmat per 171.15 and 171.16, to the Pipeline and Hazardous Materials Safety Administration (PHMSA).