Page:United States Statutes at Large Volume 120.djvu/3290

 PUBLIC LAW 109–435—DEC. 20, 2006

120 STAT. 3259

SEC. 1008. HAZARDOUS MATTER.

(a) NONMAILABILITY GENERALLY.—Section 3001 of title 39, United States Code, is amended— (1) by redesignating subsection (n) as subsection (o); and (2) by inserting after subsection (m) the following: ‘‘(n)(1) Except as otherwise authorized by law or regulations of the Postal Service, hazardous material is nonmailable. ‘‘(2) In this subsection, the term ‘hazardous material’ means a substance or material designated by the Secretary of Transportation under section 5103(a) of title 49.’’. (b) MAILABILITY.—Chapter 30 of title 39, United States Code, is amended by adding at the end the following: ‘‘§ 3018. Hazardous material ‘‘(a) IN GENERAL.—The Postal Service shall prescribe regulations for the safe transportation of hazardous material in the mail. ‘‘(b) PROHIBITIONS.—No person may— ‘‘(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) CIVIL PENALTY; CLEAN-UP COSTS AND DAMAGES.— ‘‘(1) IN GENERAL.—A person who knowingly violates this section or a regulation prescribed under this section shall be liable for— ‘‘(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) KNOWING ACTION.—A person acts knowingly for purposes of paragraph (1) when— ‘‘(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) SEPARATE VIOLATIONS.— ‘‘(A) VIOLATIONS OVER TIME.—A separate violation under this subsection occurs for each day hazardous material, mailed or caused to be mailed in noncompliance with this section, is in the mail. ‘‘(B) SEPARATE ITEMS.—A separate violation under this subsection occurs for each item containing hazardous material that is mailed or caused to be mailed in noncompliance with this section.

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