§3018 Hazardous Material

Summary

The Postal Service must make rules for safely mailing hazardous materials. People may not mail items that a law or Postal Service rule says are nonmailable. They may not mail hazardous materials in ways that break rules about when, where, or how to send them. They also may not make, sell, or market containers or packing kits for mailing hazardous materials if those packages do not meet 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 any clean-up costs and damages. A person acts knowingly if they actually knew the facts or if a reasonable person in the same situation would have known. Each day a hazardous item stays in the mail in violation is a separate violation, and each noncompliant item mailed is also a separate violation. The Postal Service can only find a violation after giving notice and a chance for a hearing under section 3001(m). When deciding the fine, the Postal Service must look at how serious the violation was; the violator’s blame, past violations, ability to pay, and effect on their business; the impact on Postal operations; and other justice-related factors. The Postal Service may sue in federal court under section 409(d) to collect fines, clean-up costs, and damages, and may try to settle before suing. At the Postal Service’s request, the Attorney General can bring a suit and the court may order an injunction, civil penalties, or punitive damages; such a suit replaces the civil penalty under subsection (c)(1)(A) for the same violation. Clean-up costs and damages go to the Postal Service Fund under section 2003. Civil penalties and any punitive damages go to the U.S. Treasury.