§3018 Hazardous material

Summary

The Postal Service must write rules to make sure hazardous materials are mailed safely. People must not mail items that the law or Postal Service rules say cannot be mailed, break rules about when, where, or how hazardous materials can be sent, or make or sell packaging labeled for mailing hazardous things if that packaging does not meet the required standards. If someone knowingly breaks these rules, they can be fined at least $250 and up to $100,000 for each violation, and must pay cleanup costs and any damages. "Knowingly" means the person actually knew the facts or a reasonable person in the same situation would have known. Each day a hazardous item is in the mail in violation counts as a separate violation, and each noncompliant item is a separate violation. The Postal Service must give notice and a chance for a hearing before finding a violation. When setting a fine, the Postal Service must consider how bad the violation was, the person’s fault and past record, ability to pay, effects on Postal Service operations, and other fair factors. The Postal Service can sue in federal court to collect fines, cleanup costs, and damages, or try to settle first. The Attorney General can sue at the Postal Service’s request; the court can order things like injunctions, fines, or punitive damages, and that lawsuit replaces civil fines for the same violation. Cleanup costs and damages go to the Postal Service Fund; civil penalties and punitive damages go to the U.S. Treasury.