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HomeMy WebLinkAboutENFORCEMENT ORDERro -cu N. 9 LO a) U') C\l 0 (D E 0 0 C) C) C\l tCf U- T T 00 ce) E O U co 0- 4. 9§- k at cm m ota 0) 0) mg co cr 07 E E 0) 2 0 (D E2 0 'O Q) TSH �.Hfi 200© O�WT OTO� Deputy Chief Tyler Hartley Operations/Training /Arson 661 - 326 -3655 Deputy Chief Ross Kelly Fire Safety /Prevention Services 661 - 326 -3652 2101 "H" Street Bakersfield, CA 93301 (661) 326 -3911 (661) 852 -2170 (fax) HOWARD H. WINES, III DIRECTOR PREVENTION SERVICES 2101 "H" Street Bakersfield, CA 93301 VOICE: (661) 326 -3979 FAX: (661) 852 -2171 April 3, 2013 Randeep Signh Dhillon 2400 Carlita Road Bakersfield, CA 93304 Certified Mail RE: ARCO AMPM DOCKET NO: 2013 -4 Dear Mr. Dhillon; Enclosed is an Enforcement Order concerning violations of Chapter 6.7 of Division 20 of the California Health and Safety Code, in which you have altered sensors in two (2) underground storage tanks and failed to maintain submittal information with the California Environmental Reporting System (CERS). You are invited to attend an informal conference at 10:00 am on Thursday April 18, 2013 at 2101 H Street. If you have any questions, please feel free to call. Sincerely, Howard H. Wines, III PG 7239 Director of Prevention Services Enclosures cc: J. Rudnick, City Attorney's Office R. Kelly, Deputy Fire Chief T. Crosby, Business Manager "Suring the Cozmun -ity fox m® -re than a Century' STATE OF CALIFORNIA CITY OF BAKERSFIELD CERTIFIED UNIFIED PR.OGr,:,,ja,,W AGENCY In the Matter of: T, E A California Corporation No. C2800034 Respondent. Docket No.: 2013-4 `-ilk 01061a11:19:4 41 Health and Safety Code Section 25187 1, the undersigned Respondent, acknowledge receipt of a copy of the Enforcement Order, Statement to Respondent, Government Code sections 11507.5, 11507.6 and 11507.7, and two copies of this Notice of Defense. I request a hearing to permit me to present my defense to the allegations contained in the Enforcement Order. Dated: (Signature of Respondent) Please Type or Print the Name and Mailing Address of Respondent (Name) (Street Address) (City) (State) (zip) (Telephone Number) 1 STATE OF CALIFORNIA CITY OF BAKERSFIELD CERTIFIED UNIFIED PROGZk11,1,GENCY In the Matter of: A California Corporation No. C2800034 Docket No.: 2013-4 ENFORCEMENT ORDER Health and Safety Code Section 25187 INTRODUCTION 1. Parties., The Office of Prevention Services for the City of Bakersfield Fire Department, a Certified Unified Program Agency (CUPA) authorized by the Secretary of the California Environmental Protection Agency (Cal/EPA) to administer and enforce the Underground Storage of Hazardous Substances Act in the City of Bakersfield, issues this Enforcement Order (Order) to ARCO AMPM, doing business in the City of Bakersfield. 1.2. Owner / Operator. Respondent owns and operates the underground storage tank system located at 2301 F STREET in Bakersfield, California. 1.3 Jurisdiction. Section 25299 of the Health and Safety Code (HSC) authorizes the CUPA to order action necessary to correct violations and assess a penalty when the CUPA determines that any person has violated specified provisions of the Health and Safety Code or any permit, rule, regulation, standard, or requirement issued or adopted pursuant thereto. 1 QQ] iilliji ll� ��11: �1;1 1� � : ;� -- I I ['iill IN I AMU Aw The CUPA hereby determines that Respondent violated: 2.1 The Underground Storage of Hazardous Substance Law (Health & Safety Code section 25280, et seg.), to wit: Section 25299(f)(2), Any person who intentionally disables or tampers with an automatic leak detection system in a manner that would prevent the automatic leak detection from detecting a leak or alerting the owner or operator of the leak shall be Punished by a fine of not less than five thousand dollars ($5,000) or more than ten thousand dollars ($10,000), or by imprisonment in the county Jail for a period of not more that one year, or by both fine and imprisonment. SCHEDULE FOR COMPLIANCE 3. Based on the forgoing DETERMINATION OF VIOLATIONS, IT IS HEREBY ORDERED THAT: 3.1 Respondent shall make arrangements necessary to maintain records on site and in the California Environmental Reporting System (CERS) for the underground tank system and to prevent the future tampering of the automatic leak detection system for all tanks and to act accordingly upon alarms issued by the automatic leak detection system and/or brought to the Respondent's attention by its Designated Operator. 3.2 Submittals. A copy of any agreement or other document designed to prevent future tampering and address the immediate response to automatic leak detection alarms, shall be forwarded within fifteen (15) days from the date of this Order to: Mr. Howard H. Wines, III PG 7239 Director of Prevention Services City of Bakersfield 2101 H Street Bakersfield, California 93301 2 3.3 Communications. All approvals and decisions of the CUPA made regarding submittals and notifications will be communicated to Respondent in writing by the Director of Prevention Services or his /her designee. No informal advice, guidance, suggestions, or comments by the CUPA regarding reports, plans, specifications, schedules, or any writings by the Respondent shall be construed to relieve Respondent of the obligation to obtain such formal approvals as may be required. , 3.4 CUPA Review and Approval. If the CUPA determines that the schedule, or other submitted for approval pursuant to this order fails to comply with the order or fails to protect public health or safety or the environment, the CUPA may: a. Modify the document as deemed necessary and approve the document as modified, or b. Return the document to Respondent with recommended changes and a date by which Respondent with recommended changes and a date by which Respondent must submit to the CUPA a revised document incorporating the recommended changes. 3.5 Compliance with Applicable Laws. Respondent shall carry out this Order in compliance with all local, State, and federal requirements, including but not limited to requirements to obtain permits and to assure worker safety. 3.6 Endangerment during Implementation. In the event that the CUPA determines that any circumstances or activity (whether or not pursued in compliance with this Order) are creating an imminent or substantial endangerment to the health or welfare of people on the site or in the surrounding area or to the environment, the CUPA may order Respondent to stop further implementation of this Order for such period of time as needed to abate the endangerment. Any deadline in this Order directly affected by a Stop Work Order under this section shall be extended for the term of the Stop Work Order. 3.7 Liability. Nothing in this Order shall constitute or be construed as a satisfaction or release from liability for any conditions or claims arising as a result of past, current, or future operations of Respondent other than those violations alleged in section 2 of this order. Notwithstanding compliance with the terms of this Order, Respondent may be required to take further actions as are necessary to protect public health or welfare or the environment. 3.8 Data and Document Availability. Respondent shalt permit the CUPA and its authorized representatives to inspect and copy all sampling, testing, monitoring, and other data generated by Respondent or on Respondent's behalf in any way pertaining to work undertaken pursuant to this Order. Respondent shall allow the CUPA and its authorized representatives to take duplicates of any samples. collected by Respondent pursuant to this Order. Respondent shall maintain a central depository of the data, reports, and other documents prepared pursuant to this Order. All such data, reports, and other documents shall be preserved by Respondent for a minimum of three years after the conclusion of all activities under this Order. If the CUPA requests that some or all of these documents be preserved for a longer period of time, Respondent shall either comply with that request, deliver the documents to the CUPA, or permit the CUPA to copy the documents prior to destruction. 3.9 Government Liabilities. The City of Bakersfield shall not be liable for injuries or damages to persons or property resulting from acts or omissions by Respondent or related parties specified in paragraph 3.15 in carrying out activities pursuant to this Order, nor shall the City of Bakersfield be held as a party to any contract entered into by Respondent or its agents in carrying out activities pursuant to the Order. 3.10 Additional Enforcement Actions. By issuance of this Order, the CUPA does not waive the right to take further enforcement actions. 2 151111111T require CUPA approval and are submitted by respondent pursuant to this Order are incorporated in this Order upon approval by the CUPA. 3.12 Extension Request. If Respondent is unable to perform any activity or submit any document within the time required under this Order, the Respondent may, prior to expiration of the time, request an extension of time in writing. The extension request shall include a justification for the delay. 3.13 Extension Approvals. If the CUPA determines that good cause exists for an extension, it will grant the request and specify in writing a new compliance schedule. 3.14 Penalties for Noncompliance. Failure to comply with the terms of this Order may also subject Respondent to costs, penalties, and/or punitive damages for any costs incurred by the CUPA or other government agencies as a result of such failure, as provided by HSC section 25404.1.3 and other applicable provisions of law. 3.15 Parties Bound. This Order shall apply to and be binding upon Respondent, and its officers, directors and agents, including but not limited to individuals, and upon the CUPA and any successor agency that may have responsibility for and jurisdiction over the subject matter of this order. PENALTY 4. The CUPA assesses a penalty of ten thousand ($ 10,000). Payment of the total penalty of ten thousand ($ 10,000) is due within thirty (30) days from the effective date of the Order. Respondent's check shall be made payable to City of Bakersfield, Certified Unified Program Agency, and shall identify the Respondent and Docket Number, as shown in the heading of this case. Respondent shall deliver the penalty payment to: Ms. Toni Crosby Business Manager City of Bakersfield Fire Department 2101 H Street Bakersfield, California 93301 9 A photocopy of the check shall be sent to: Mr. Howard H. Wines, III PG 7239 Director of Prevention Services 2101 H Street Bakersfield, California 93301 5. This Order is final and effective upon execution by the City and Respondent. 6. "Days" for purposes of this Order means calendar days. Date of Issuance: April 3, 2013 Mr. Howard H. Wines III PG 7239 Director of Prevention Services City of Bakersfield U:7rgqjFjALMT" Typed or Printed Name of Respondent's Representative cc: Mr. Joshua Rudnick Deputy City Attorney City Attorney's Office City of Bakersfield 1600 Truxtun Avenue Bakersfield, CA.93301 Date Date In the Matter of: STATE OF CALIFORNIA CITY OF BAKERSFIELD CERTIFIED UNIFIED PROGRAM AGENCY Docket No.: 2013-4 SAM SAMBEE ENTERPRISES INC. dba ARCO AMPM � STATEMENT TO RESPONDENT A California Corporation No. C2800034 Enforcement Order Respondent TO THE ABOVE RESPONDENT: An Enforcement Order ("Order") is attached to this statement and is hereby served upon you. The Order has been filed by the City of Bakersfield Certified Unified Program Agency (CUPA). Unless a written request for a hearing signed by you or on your behalf is delivered or mailed to the CUPA within fifteen (15) days after you have received a copy of the Order, you will be deemed to have waived your right to a hearing in this matter. If you do not file a timely hearing request, the Order becomes final automatically. The request for a hearing may be made by delivering or mailing one copy of the enclosed form entitled "Notice of Defense" or by delivering or mailing a Notice of Defense as provided in Section 11506 of the Government Code to: Mr. Joshua Rudnick Deputy City Attorney City Attorney's Office City of Bakersfield 1600 Truxtun Avenue 4t" Floor Bakersfield, California 93301 Telephone: (661) 326-3721 0 The enclosed Notice of Defense, if signed and filed with the CUPA, is deemed a specific denial of all parts of the Order, but you will not be permitted to raise any objection to the form of the Order unless you file a further Notice of Defense as provided in Section11506 of the Government Code within fifteen (15) days after service of the Order upon you. If you file a Notice of Defense within the time permitted, a hearing on the allegations made in the Order will be conducted by the Office of Administrative Hearings of the Department of General Services in accordance with the procedures specified in Health and Safety Code section 25187 and Government Code sections 11507, et seq. The hearing may be postponed for good cause. If you have good cause, you must notify the CUPA within ten (10) working days after you discover the good cause. Failure to notify the CUPA within ten (10) working days will deprive you of a postponement. Copies of Government Code Sections 11507.5, 11507.6 and 11507.7 are attached. If you desire the names and addresses of witnesses or an opportunity to inspect and copy items in possession, custody or control of the CUPA, you may contact: Mr. Joshua Rudnick Deputy City Attorney City Attorney's Office ... City of Bakersfield th 1600 Truxtun Avenue 4 Floor Bakersfield, California 93301 Telephone: (661) 3263721 Whether or not you have a hearing, you may confer informally with the CUPA to discuss the alleged facts, determinations, corrective actions and penalty. An informal conference does not, however, postpone the fifteen (15) day period you have to request a hearing on the Order. An informal conference may be pursued simultaneously with the hearing process. K You may, but are not required, to be represented by counsel at any or all stages of these proceedings. INFORMAL CONFERENCE If you wish to discuss this matter with the CUPA, an Informal Conference has been scheduled for: Date: Thursday April 18, 2013 Time: 10:00 AM Location: Bakersfield Fire Department Prevention Services Division City of Bakersfield 2101 H Street Bakersfield, California 93301 (661) 326-3979 You may inform the CUPA at the conference whether you wish to pursue a formal hearing or waive your right to a formal hearing, as explained below. FORMAL HEARING RIGHTS YOU MUST FILE A WRITTEN REQUEST FOR A HEARING WITHIN FIFTEEN (15) DAYS IF YOU WISH TO HAVE A FORMAL HEARING. 0 STATE OF CALIFORNIA CITY OF BAKERSFIELD CERTIFIED UNIFIED PROG,-,;1.,,W iGENCY In the Matter of: ,IT ro L07-W 004 % Fa kyl 1: z I A California Corporation No. 02800034 Respondent. Docket No.: 2013-4 Health and Safety Code Se'ction 25187\ 1, the undersigned Respondent, acknowledge receipt of a copy of the Enforcement Order, Statement to Respondent, Government Code sections 11507.5, 11507.6 and 11507.7, and two copies of this Notice of Defense. I request a hearing to permit me to present my defense to the allegations contained in the Enforcement Order. Dated: (Signature of Respondent) Please Type or Print the Name and Mailing Address of Respondent (Name) (Street Address) (City) (State) (zip) (Telephone Number) 1 Government Code Section 11507.5 The provisions of Section 11507.6 provide the exclusive right to and method of discovery as to any proceeding governed by this chapter. Government Code Section 11507.6 After initiation of a proceeding in which a respondent or other party is entitled to a hearing on the merits, a party, upon written request made to another party, prior to the hearing and within 30 days after service by the agency of the initial pleading or within 15 days after the service of an additional pleading, is entitled to (1) obtain the names and addresses of witnesses to the extent known to the other party, including, but not limited to, those intended to be called to testify at the hearing, and (2) inspect and make a copy of any of the following in the possession or custody or under the control of the other party: (a) A statement of a person, other than the respondent, named in the initial administrative pleading, or in any additional pleading, when it is claimed that the act or omission of the respondent as to this person is the basis for the administrative proceeding; (b) A statement pertaining to the subject matter of the proceeding made by any party to another party or person; (c) Statements of witnesses then proposed to be called by the party and of other persons having personal knowledge of the acts, omissions or events which are the basis for the proceeding, not included in (a) or (b) above; (d) All writings, including, but not limited to, reports of mental, physical and blood examinations and things which the party then proposes to offer in evidence; (e) Any other writing or thing which is relevant and which would be admissible in evidence; (f) Investigative reports made by or on behalf of the agency or other party pertaining to the subject matter of the proceeding, to the extent that these reports (1) contain the names and addresses of witnesses or of persons having personal knowledge of the acts, omissions or events which are the basis for the proceeding, or (2) reflect matters perceived by the investigator in the course of his or her investigation, or (3) contain or include by attachment any statement or writing described in (a) to (e), inclusive, or summary thereof. For the purpose of this section, "statements" include written statements by the person signed or otherwise authenticated by him or her, stenographic, mechanical, electrical or other recordings, or transcripts thereof, of oral statements by the person, and written reports or summaries of these oral statements. Nothing in this section shall authorize the inspection or copying of any writing or thing which is privileged from disclosure by law or otherwise made confidential or protected as the attorney's work product. Business Search - Business Entities - Business Programs Page 1 of 1 Secretary of State Administration Elections Business Programs Political Reform Archives Registries Business Entities (BE) Business Entity Detail Online Services - E -File Statements of Information for Corporations - Business Search - Processing Times - Disclosure Search Main Page Service Options Name Availability Forms, Samples & Fees Statements of Information (annual /biennial reports) Filing Tips Information Requests (certificates, copies & status reports) Service of Process •FAQs Contact Information Resources - Business Resources - Tax Information - Starting A Business Customer Alerts - Business Identity Theft - Misleading Business Solicitations Data is updated to the California Business Search on Wednesday and Saturday mornings. Results reflect work processed through Friday, March 29, 2013. Please refer to Processing for the .... ............................... received dates of filings currently being processed. The data provided is not a complete or certified record of an entity. Entity Name: SAM SAMBEE ENTERPRISES INC. Entity Number: C2800034 Date Filed: 09/01/2005 Status: ACTIVE Jurisdiction: CALIFORNIA Entity Address: 2400 CARLITA ROAD Entity City, State, Zip: BAKERSFIELD CA 93304 Agent for Service of Process: AMAN SINGH Agent Address: 2400 CARLITA ROAD Agent City, State, Zip: BAKRSFIELD CA 93304 * Indicates the information is not contained in the California Secretary of State's database. • If the status of the corporation is "Surrender," the agent for service of process is automatically revoked. Please refer to California Corporations Code section 2114 for information relating to ............... ............................... service upon corporations that have surrendered. • For information on checking or reserving a name, refer to Name. 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