2012 US Code
Title 39 - Postal Service
Part IV - MAIL MATTER (§§ 3001 - 3691)
Chapter 30 - NONMAILABLE MATTER (§§ 3001 - 3018)
Section 3018 - Hazardous material
Publication Title | United States Code, 2012 Edition, Title 39 - POSTAL SERVICE |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 39 - POSTAL SERVICE PART IV - MAIL MATTER CHAPTER 30 - NONMAILABLE MATTER Sec. 3018 - Hazardous material |
Contains | section 3018 |
Date | 2012 |
Laws in Effect as of Date | January 15, 2013 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Added Pub. L. 109-435, title X, §1008(b), Dec. 20, 2006, 120 Stat. 3259. |
Statutes at Large Reference | 120 Stat. 3259 |
Public Law Reference | Public Law 109-435 |
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(a)
(b)
(1) mail or cause to be mailed hazardous material that has been declared by statute or Postal Service regulation to be nonmailable;
(2) mail or cause to be mailed hazardous material in violation of any statute or Postal Service regulation restricting the time, place, or manner in which hazardous material may be mailed; or
(3) manufacture, distribute, or sell any container, packaging kit, or similar device that—
(A) is represented, marked, certified, or sold by such person for use in the mailing of hazardous material; and
(B) fails to conform with any statute or Postal Service regulation setting forth standards for a container, packaging kit, or similar device used for the mailing of hazardous material.
(c)
(1)
(A) a civil penalty of at least $250, but not more than $100,000, for each violation;
(B) the costs of any clean-up associated with each violation; and
(C) damages.
(2)
(A) the person has actual knowledge of the facts giving rise to the violation; or
(B) a reasonable person acting in the circumstances and exercising reasonable care would have had that knowledge.
(3)
(A)
(B)
(d)
(e)
(1) the nature, circumstances, extent, and gravity of the violation;
(2) with respect to the person who committed the violation, the degree of culpability, any history of prior violations, the ability to pay, and any effect on the ability to continue in business;
(3) the impact on Postal Service operations; and
(4) any other matters that justice requires.
(f)
(1)
(2)
(g)
(1)
(2)
(3)
(h)
(1)
(2)
(Added Pub. L. 109–435, title X, §1008(b), Dec. 20, 2006, 120 Stat. 3259.)
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