HAZMAT CONTAINERS | Clean Tank Technologies

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As of December 30, 2024, YOU can be held personally liable for violations of the Federal hazardous materials transportation law with civil and/or criminal penalties of up to $238,809.00, per instance (each container), per day 49 CFR 209.103

HAZARDOUS MATERIALS CONTAINERS

Users of containers for transporting hazardous materials have a great responsiblity. With the ever-increasing focus on safety and environmental concerns, making container compliance a priority has become an increasing emphasis among those in the hazardous materials industries. Regulatory and enforcement activities (along with increasing penalties for violations) continue to drive companies toward full container compliance.

The U.S. Department of Transportation (DOT) is responsible for developing and issuing the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-185). These regulations govern the transportation of hazardous materials (hazmat) in interstate, intrastate, and foreign commerce. DOT carries out this responsibility through the Pipeline and Hazardous Materials Safety Administration (PHMSA). The primary goal of the HMR is to ensure the safety of the public and those who prepare, offer, and transport hazmat.

The Code of Federal Regulations (CFR) are rules published in the Federal Register by Executive departments and agencies of the Federal Government and have the force of the law. The 49 CFR, Parts 100-185, contains the current HMR under Chapter I – Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation. (see HOW TO USE THE HAZARDOUS MATERIALS REGULATIONS)

WHAT IS "U.N. RATED" OR "DOT RECERTIFIED"?

A new IBC or poly drum is originally made to the manufacturer's specifications for containing hazardous liquid products without rupturing or spilling, even when dropped. Details about the container's origin, including the manufacturer, manufacture date, and container capacities are stamped right into the plastic IBC tank or poly drum, and this UN-RATED information is also listed on an IBC faceplate label, known as the "UN Label".

A container which has been used to transport hazardous materials may be used again, but re-use of an IBC container can only occur up to 30 months from the original manufacture date. The DOT allows for an IBC to be re-used past the original 30 month window, only when the IBC has been RECERTIFIED. §180.352(a)

A poly drum CANNOT be used to transport hazardous materials after 5 years from manufacture date, but must be recertified after use, upon any change of possession. §173.28(b)

DOT REGULATIONS FOR RECERTIFICATION

Before an IBC container can be used for hazmat past the 30-month window, the DOT PHMSA requires the IBC to be Inspected, Tested, and Marked, and records kept for EACH container, showing the IBC has passed these conditions. 49 CFR sets forth the legally required steps that MUST be followed for recertification as follows:

Inner tank (bottle) removed from cage. §180.352(b)(2)
Internal visual inspection performed. §180.352(b)(3)
Leakproofness test performed at 20 kPa. §180.352(b)(1) §178.813(b) §178.813(c)
External visual inspection performed (both the bottle and cage). §178.813(b)(1) §180.352(b)(2)(i)
Marked in accordance with requirements. §178.703
Record kept of a PASS of every action, including the date, by both the owner of the IBC and the reconditioner performing them. §180.352(f) §180.352(g)

Before a poly drum can be re-used for hazmat, the DOT PHMSA requires the drum to be Inspected, Tested, and Marked showing the drum has passed these conditions, only up to 5 years from date of manufacture. 49 CFR sets forth the legally required steps that MUST be followed for recertification as follows:

Internal and external visual inspection performed. §173.28(c)
Leakproofness test performed, generally at 20 kPa. §173.28(b) §178.604(d) §178.604(e)
Marked in accordance with requirements. §173.28(b)(2)(ii) §178.503(c)

AM I SUBJECT TO FINES OR CRIMINAL ACTION?

YES, ANY violation of 49 CFR §173.35 (hazardous materials in IBCs) means you can be held personally liable, That includes violations of §180.352, §173.35, and/or §173.24. You are then subject to penalties under §209.103, depending on your role and actions, especially if you are an individual who:

Willfully violates a provision of the law or regulation,
Aids, abets, commands, induces, or procures such a violation, or
Is responsible for supervising others and fails to ensure compliance.

You can also be personally liable if you:

Are a corporate officer, manager, or supervisor who knowingly permitted or directed a violation,
Are a contractor or employee who directly committed the violation, or
Were grossly negligent or acted in willful disregard for safety rules.

Each violation can lead to civil penalties of up to $102,348 for each violation, up to $238,809 if the violation results in death, serious illness, or severe injury to any person, or substantial destruction of property or the environment. Multiple violations can be stacked (for each container).

You can ALSO be subject to criminal penalties if the violation is willful or negligent (i.e. you know a requirement under law, but choose to violate or ignore it), and leads to serious injury, death, or significant property or environmental damage. Penalties can result in both fines and imprisonment for up to 10 years. U.S. Code Title 49 - Transportation § 5104, 49 CFR §209.131

Common Violations of 49 CFR §180.352

(Any following example violation is subject to USDOT penalties AND criminal penalties referred to above)

Failure to Perform Periodic Retesting

Example: An IBC was used to transport flammable liquids without undergoing the required 2.5-year leakproofness test or 5-year pressure test.

Violation: §180.352(b)(3)

Use of Expired IBC

Example: A company fills hazardous materials in a composite IBC whose retest date was past due.

Violation: §180.352(b)(3) and §173.35(a)

Missing or Illegible Markings

Example: IBCs are missing required markings (e.g., test date, inspection date, M-number) or the markings are unreadable.

Violation: §180.352(d)

Unqualified Repairs

Example: An IBC was repaired (e.g., weld on metal cage or liner patch) by a facility that is not registered or certified under §180.352(e).

Violation: §180.352(e)(1)

No Retest After Repair

Example: A damaged valve was replaced, but the container was not leakproofness tested before being returned to service.

Violation: §180.352(e)(3)

Improper Documentation

Example: No written record or certificate was available during inspection showing when, how, or by whom the IBC was last tested.

Violation: §180.352(f)

Improper Use of Modified IBC

Example: A plastic liner was replaced with one from another manufacturer without requalification of the IBC as a different design type.

Violation: §180.352(b)(1) and potentially §178 Subpart O

Improper use of Poly Drum

Example: A poly drum was reused after it was returned from a customer, without proper inspection or test.

Violation: §173.28(b) and §173.28(c)

Failure to Remove IBCs from Service

Example: A company continues using IBCs that failed the last leakproofness test and/or showed signs of degradation (e.g., UV-cracked plastic), or recertification documentation missing.

Violation: §180.352(b)(3) and §180.352(i)

Violation Examples

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