HomeMy WebLinkAboutLETTER (3)B E R S F I rr April 27, 2006
FIRE
wRrm
440* Agent for Service of Process:
Mr. Peter G. Gordon
55 Francisco Street, Suite 410
San Francisco, CA 94133
RONALD J. FRAZE Certified Mail
FIRE CHIEF
Gary Hutton,
Senior Deputy Chief
CRYSTAL GEYSER WATER COMPANY, INC., DOCKET NO.: 2005 -27
Administration
choose to pursue an appeal, you are encouraged to explore the possibility of
326 -3650
settlement meeting on Tuesday, May 9, 2006 at 10:00 am by contacting me at
Deputy Chief Dean Clason
To Whom it may concern:
Operations /Training
3979.
326 -3652
Enclosed please find an Enforcement Order and related documents concerning
Deputy Chief Kirk slain
violations of Chapter 6.5 of Division 20 of the California Health and Safety
Fire Safety/Prevention Services
Code. This Enforcement Order pertains to the illegal discharge of a corrosive
326 -3653
hazardous waste into the sanitary sewer and does not preclude this Office from
OFFICE: (661) 326 -3979
taking additional enforcement and compliance action.
2101 "H" Street
Bakersfield, CA 93301
As indicated in the enclosures, you have a right to a hearing. Whether or not you
OFFICE: (661) 326 -3941
choose to pursue an appeal, you are encouraged to explore the possibility of
FAX: (661) 852 -2170
settlement meeting on Tuesday, May 9, 2006 at 10:00 am by contacting me at
900 Truxtun Avenue, Suite 210, Bakersfield, CA 93301, telephone (661) 326 -
RALPH E. HUEY, DIRECTOR
3979.
PREVENTION SERVICES
FIRE SAFETY SERVICES • ENVIRONMENTAL SERVICES
Sincerely,
900 Truxtun Avenue, Suite 210
Bakersfield, CA 93301
OFFICE: (661) 326 -3979
FAX: (661) 852 -2171
David Weirather
alph E. Huey
Fire Plans Examiner
Director of Prevention Services
326 -3706
Enclosures
Howard H. Wines, III
Hazardous Materials Specialist
326 -3649
cc: W. Cheung, Wastewater Division
J. Scanlan, City Attorney's Office
,res"vin# the d won At o-4e 5 han a een"11
In the Matter of:
STATE OF CALIFORNIA
CITY OF BAKERSFIELD
CERTIFIED UNIFIED PROGRAM AGENCY
Docket No.: 2006-27
CRYSTAL GEYSER WATER COMPANY, INC. ENFORCEMENT ORDER
A California corporation No. C0823855
Respondent.
Health and Safety Code Section
25187
INTRODUCTION
1. Parties. The Office of Environmental 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 Hazardous Substance Control Act in the City of Bakersfield, issues this
Enforcement Order (Order) to Crystal Geyser Water Company, Inc., a California
corporation.
1.2. Site. Respondent generated, handled, treated, stored, and/or disposed of
hazardous waste at the following site(s), including, but not limited to: 1233 East
California Avenue in Bakersfield, California.
1.3 Generator. The Respondent generated the following hazardous wastes:
Aqueous with a pH less than or equal to 2, a corrosive hazardous waste pursuant to title
22 of the California Code of Regulations (CCR), section 66261.22.
1.4 Jurisdiction. Section 25187 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.
0
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 documents 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,
3
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 shall 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.
3.11 Incorporation of Plans and Reports. All plans, schedules, and reports that
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,
N
prior to expiration of the time, req
request shall include a justification
i �zy
3.13 Extension Approvals.
an extension, it will grant the reque
3.14 Penalties for Noncor
Order may also subject RespondE
any costs incurred by the CUPA
failure, as provided by HSC section
3.15 Parties Bound. TI'
Respondent, and its officers, directors and agents,
e extension
>e exists for
schedule.
arms of this
amages for
;ult of such
law.
iding upon
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 $2,250. Payment of the total penalty of
$2,250 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. Susan Chichester
Business Manager
City of Bakersfield Fire Department
2101 H Street
Bakersfield, California 93301
A photocopy of the check shall be sent to:
Mr. Ralph Huey
Director of Prevention Services
City of Bakersfield
900 Truxtun Avenue, Suite 210
Bakersfield, California 93301
5
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 27, 2006.
Mr. Ra
Director of Prevention Services
City of Bakersfield
Crystal Geyser Water Company, Inc.
Typed or Printed Name of
Respondent's Representative
cc: Ms. Janice Scanlan
Deputy City Attorney
City Attorney's Office
City of Bakersfield
1501 Truxtun Avenue
Bakersfield, CA93301
101
-y- 7 -C4
Date
Date
ACKNOWLEDGMENT OF RECEIPT
Without admitting the violations, I acknowledge receipt of this Enforcement
Order, Statement to Respondent, Certification of Compliance form, and two copies of
the form entitled Notice of Defense.
I
Signature
Print Name and Title
SACORRESPONDENCE HAZ12006-041EN FORCEME NTORDER-CGI, BOG
7
In the Matter of:
STATE OF CALIFORNIA
CITY OF BAKERSFIELD
CERTIFIED UNIFIED PROGRAM AGENCY
Docket No.: 2005-27
CRYSTAL GEYSER WATER COMPANY, INC. STATEMENT TO RESPONDENT
A California corporation No. C0823855
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 I 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. Janice Scanlan
Deputy City Attorney
City Attorney's Office
City of Bakersfield
1501 Truxtun Avenue
Bakersfield, California 93301
Telephone: (661) 326-3721
it
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. Janice Scanlan
Deputy City Attorney
City Attorney's Office
City of Bakersfield
1501 Truxtun Avenue
Bakersfield, California 93301
Telephone: (661) 326 -3721
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: Tuesday, May 9, 2006
Time: 10:00 AM
Location: Prevention Services Division
2nd Floor Conference Room
City of Bakersfield
Prevention Services Building
900 Truxtun Avenue, Suite 210
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.
SACORRESPONDENCE HAZ\2006-04\RES PON DENT-CG 1. DOC
W
STATE OF CALIFORNIA
CITY OF BAKERSFIELD
CERTIFIED UNIFIED PROGRAM AGENCY
In the Matter of: I Docket No.: 2005-2-7
CRYSTAL GEYSER WATER COMPANY, INC. NOTICE OF DEFENSE
A California corporation No. C08.23855 I
Health and Safety Code
Section 25187
Respondent.
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
In the Matter of:
STATE OF CALIFORNIA
CITY OF BAKERSFIELD
CERTIFIED UNIFIED PROGRAM AGENCY
Docket No.: 2005-27
CRYSTAL GEYSER WATER COMPANY, INC. NOTICE OF DEFENSE
A California corporation No. C0823855
Health and Safety Code
Section 25187
Respondent.
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
GOV'ERNMENT CODE
Section 11507.5. Exclusivity of discovery Provisions
The provisions of Section 11507.6 provide the exclusive
right to and method of discovery as to any proceeding governed by
this chapter.
Section 11507.6. Request for discovery
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 such 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 om ission
of the respondent as to such 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 reports of
,- limited to, A.
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;
ENF. 5
(1/93)
(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 such 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 such oral
statements.
Nothing in this section shall authorize the inspection cr
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.
(g) In any proceeding under subdivision (i) or (j) of
Section 12940, or Section 19572 or 19702, alleging conduct which
constitutes sexual harassment, sexual assault, or sexual battery,
evidence of specific instances of a complainant's sexual conduct
with individuals other than the alleged perpetrator is not
discoverable unless it is to be offered at a hearing to attack
the credibility of the complainant as provided for under
subdivision (j) of Section 11513. This subdivision is intended
only to limit the scope of discovery; it is not intended to
effect the methods of discovery allowed under this section.
Section 11507.7. Petition to compel discovery; Order;
Sanctions
(a) Any party claiming his request for discovery pursuant
to Section 11507.6 has not been complied with may serve and file
a verified petition to compel discovery in the superior court for
the county in which the administrative hearing will be held,
naming as respondent the party refusing or -failing to comply with
Section 11507.6. The petition shall state facts showing the
respondent party failed or refused to comply with Section
11507.6, a description of the matters sought to be discovered,
the reason or reasons why such matter is discoverable under this
section, and the ground or grounds of respondent's refusal so far
as known to petitioner.
ENT. I 1 6
(l,'93)
(b) The petition shall be served upon respondent party and
filed within 15 days after the respondent party first evidenced
his failure or refusal to comply with Section 11507.6 or within
30 days after request was made and the party has failed to reply
to the request, whichever period is longer. However, no petition
may be filed within 15 days of the date set for commencement of
the administrative hearing except upon order of the court after
motion and notice and for good cause shown. In acting upon such
motion, the court shall consider the necessity and reasons for
such discovery, the diligence or lack of diligence of the moving
party, whether the granting of the motion will delay the
commencement of the administrative hearing on the date set, and
the possible prejudice of such action to any party.
(c) If from a reading of the petition the court is
satisfied that the petition sets forth good cause for relief, the
court shall issue an order to show cause directed to the
respondent party; otherwise the court shall enter an order
denying the petition. The order to show cause shall be served
upon the respondent and his attorney of record in the
administrative proceeding by personal delivery or certified mail
and shall be returnable no earlier than 10 days from its issuance
nor later than 30 days after the filing of the petition. The
respondent party shall have the right to serve and file a written
answer or other response to the petition and order to show cause.
(d) The court may in its discretion order the
administrative proceeding stayed during the pendency of the
proceeding, and if necessary for a reasonable time thereafter to
afford the parties time to comply with the court order.
(e) Where the matter sought to be discovered is under the
custody or control of the respondent party and the respondent
party asserts that such matter is not a discoverable matter under
the provisions of Section 11507.6, or is privileged against
disclosure under such provisions, the court may order lodged with
it such matters as are provided in subdivision (b) of Section 915
of the Evidence Code and examine such matters in accordance with
the provisions thereof.
(f) The court shall decide the case on the matters examined
by the court in camera, the papers filed by the parties, and such
oral argument and additional evidence as the court may allow.
(g) Unless otherwise stipulated by the parties, the court
shall no later than 30 days after the filing of the petition file
its order denying or granting the petition, provided, however,
the court may on its own motion for good cause extend such time
an additional 30 days. The order of the court shall be in
writing setting fcr�.h the matters or parts thereof the petitioner
F-NF. ii 7
(1;93)
is'entitled to discover under Section 11507-6. A cOPY of the
order shall forthwith be served by mail by the clerk upon the
parties. Where the order grants the petition in whole or in
part, such order shall not become effective until 10 days after
the date the order is served by the clerk. Where the order
denies relief to the petitioning party, the order shall be
effective on the date it is served by the clerk.
(h) The order of the superior court shall be final and not
subject to review by appeal. A party aggrieved by such order, or
any part thereof, may within 15 days after the service
of the superior court's order serve and file in the district
court of appeal for the district in which the superior court is
located, a petition for a writ of mandamus to compel the superior
court to set aside or otherwise modify its order. Where such
review is sought from an order granting discovery, the order of
the trial court and the administrative Proceeding shall be stayed
upon the filing of the petition for writ of mandamus, provided
however, the court of appeal may dissolve or modify the stay
thereafter if it is in the public interest to do so. Where such
review is sought from a denial of discovery, neither the trial
court's order nor the administrative proceeding shall be stayed
by the court of appeal except upon a clear showing of probable
error.
(i) Where the superior court finds that a party or his
attorney, without substantial justification, failed or refused to
comply with Section 11507.6, or, without substantial
justification, filed a petition to compel discovery pursuant to
this section, or, without substantial justification, failed to
comply with any order of court made pursuant to this section, the
court may award court costs and reasonable attorney fees to the
opposing party. Nothing in this subdivision shall limit the
power of the superior court to compel obedience to its orders by
contempt proceedings.
ENT. 11 8
(1/93)
15.64.()2"
Danla.:e to protected ahove_around tanks shall he
rcp,tireJ using_: materials ha\ ink_ equal or �areater strength
and tiro resistance.
( Ord. 4 10 7 I ( part ), 2003: Urd. 3 Q I s` I (part). 1 909
15.64.025 Appendix Chapter III —A(6) deleted.
(Ord. 3913 I (part), 1999)
15.64.030 Appendix Chapter III —B(6) deleted.
(Ord. 3913 § I (part), 1999)
15.64.035 Section 103.1.4 deleted- -Board of
Appeals.
(Ord. 3913 § I (part), 1999)
15.64.036 Section 103.4.1 amended — Compliance
orders and notices.
Section 103.4.1.1, Compliance Orders and Notices, of the
Uniform Fire Code is amended to read as follows:
General. When the chief finds any buildings,
premises, vehicle, storage facility or outdoor area that is
in violation of this code, the chief is authorized to issue
administrative compliance orders requiring that the
violation be corrected and imposing an administrative
penalty, in accordance with the following:
1. In establishing a penalty amount and
ordering that the violation be corrected pursuant to this
section the chief shall take into consideration the nature,
circumstances, extent, and graviry of the violation, the
violator's past and present efforts to prevent, abate, or
clean up conditions posing a threat to the public health or
safety or the environment, the violator's ability to pay the
penalty, and the deterrent effect that the imposition of the
penalty would have on both the violator and the regulated
community.
2. All administrative penalties collected from
actions brought by the chief pursuant to this section shall
be deposited into a special account that shall be expended
to fund the activities of the prevention services division in
enforcing this code.
The chief shall consult with the district
attorney, county counsel, or city attorney on the
development of policies to be followed in exercisin:; the
authority delegated pursuant to this section as it relates to
the authority of the chief to issue orders.
EXCEPTION: This section does not do anv of the
follow ins:
(BakersiWILi Sung No a, 05 ,01 : ;�
I . Otherwise affect the Itjthorlr,, ofthe chief'to
take any other action authorized h\ an ether provision of
lay {. except the chiel'shall not require a person to pay a
penalt., pursuant to this section and pursuant to a local
ordinance for the same violation.
Restrict the poµer ofa city attorney, district
attorney, couniN counsel. or the Attorney General to
brine, in the name of the people of California, any
criminal proceeding otherwise authorized by law.
3. Prevent the chief from cooperating with or
participating.; in a proceeding specified in paragraph (2').
(Ord. 4107 § i (part). 2'003)
15.64.037 Section 103.4.2 amended— Service of
orders and notices.
Section 103.4.2. Service of Orders and Notices, of the
Uniform Fire Code is amended to read as follows:
Orders and notices authorized or required by this
code shall be Riven or served upon to owner, operator,
occupant or other person responsible for the condition or
violation either bv verbal notification, personal service, or
delivering the same to and leaving it «rith a person of
suitable age and discretion upon the premises, by affixing
a copy thereof in a conspicuous place on the door to the
entrance of said premises and by mailing acopythereofto
such person by registered or certified mail, return receipt
requested, to the person's last known address.
Orders or notices which are given verbally shall be
confirmed by service in writing as herein provided and
shall inform the person served of the right to a hearing.
(Ord. 4107 § 1 (part), 2003)
15.64.038 Section 103.4.2.1 added—
Administrative compliance order
hea rings.
Section 103.4.2.1. Compliance Order Hearinas, is added
to the Uniform Fire Code to read as follows:
An%, person served with an order pursuant to section
103.4.1 who has been unable to resolve any violation with
the prevention services division, may within fif cen (! 5)
days after service of the order, request a hearing pursuant
to this section b\ tiling with the chief notice of defense.
The notice shall be filed with the prevention services
office that issued the order. A notice of defense shall be
deemed filed within the 15 -day period provided by this
section if it is postmarked within that 15 -day period, lf'no
notice ofdefense is filed within the time limits provided
by this subdivision. the order shall become final.
1-he hearin�� decision issued pursuant to this section
shall be el "I'Ccil%e and final upon issuance h� the chief. A
cope oi*the decision shall be ser%ed h% personal service or
b% certified mail upon the part% served 1,+ith the order. or
their representative. if'an%.
Any provision ofan order issued under this section,
except the imposition of an administrative penalty, shall
take effect upon issuance by the chief if' the chief finds
that the violation or violations of law associated with that
provision may pose an imminent and substantial
endan__erment to the public health or safety or the
environment. A request for a hearing shall not stay the
effect of that provision of the order pending a hearing
decision. However, if the chief determines that anv or all
provisions of the order are so related that the public health
or safety or the environment can be protected only by
immediate compliance with the order as a whole, the
order as a whole, except the imposition of an
administrative penalty, shall take effect upon issuance by
the chief. A request for a hearing shall not stay the effect
of the order as a whole pending a hearing decision.
A decision issued pursuant to this section may be
reviewed by a court pursuant to Section 1152-33 of the
Government Code. In all proceedings pursuant to this
section, the court shall uphold the decision of the chief if
the decision is based upon substantial evidence in the
record as a whole. The filing of a petition for writ of
mandate shall not stay any action required pursuant to
section 103.4.1 or the accrual of any penalties assessed.
This subdivision does not prohibit the court from `ranting
any appropriate relief within its jurisdiction. (Ord. 4107
5 I (Part), 2003 )
15.64.040 Section 105.4.1 and .2 added—
Inspection required.
Section 105.4, Inspection Required, of the Uniform Fire
Code is amended by adding paragraphs (.1) and (.2) thereto as
follows: r
(.I ) If unique or unusual circumstances attend
the design, operation, or use of a building or premises
subject to inspection by the Fire Prevention Bureau, the
Chief may require the owner or the person in possession
or control of the building, or premises to provide, without
charge to the City. a technical opinion and report. The
opinion and report shall be prepared by a qualified
engineer, specialist, laboratory. or fire safety specialty
organization acceptable to the Chief and shall treat the
fire safety properties of the desi,,n, operation, or use of
the building or premises and the tacilit,es and
appurtenances situated Thereon.
(.2) As used in this section. "unidue or unusual
circumstances" include new or novel technology.
processes, products, facilities, materials. and uses. T
(Ord. 4107 � 1 (part). 2003: Ord. 3913 � 1 (part). 1999)
15.64.045 Section 105.7 #7, S. and 9 added —
Revocation of permit.
Section 10'�. 7 Revocation of Permits. of the Uniform Fire
Code is amended by adding.: paragraphs (7), (8) and (9) as
follows:
(7) The violation of this chapter or of any other
ordinance of the city of Bakersfield or law of the State of
California regulating or pertaining to the permittee's
operations, as set forth in any written notice served upon
the permitted by the Chief of the Fire Department. has not
been corrected within the time required by said notice.
(8) It is a misdemeanor for any person to continue to
operate or maintain a regulated activity in the city of
Bakersfield after his permit has been revoked. +
(9) Upon receiving notification of permit revocation,
the holder of said permit shall return same immediately to
the Chief of the Fire Department or shall tum said permit
over to any representative of the Fire Department who
demands it. Failure to comply constitutes a misdemeanor.
(Ord. 4107 S I (part), 2003: Ord. 3913 § 1 (part), 1499)
15.64.050 Section l 11.1 added — Pipeline setbacks.
Section 1 1 ] 4. Pipeline Setbacks. is added to the Uniform
Fire Code to read as follows:
1 1 14.1 For purposes of this section High Pressure
Transmission Line is a natural Las pipeline operating at
two hundred and fifty pounds per square inch (250 psi) or
greater. A gas main or transmission line is a natural aas
pipeline operating at sixth pounds per square inch (60 psi)
or less.
1 1 14.2 No habitable portion of a structure may be
built within ;iftv(50) feet of high pressure transmission
line with thirty -six (36) inches of cover.
1 1 14.3 No structure may be built �� ithin fort-- (40)
feet of a hazardous liquid pipeline hearin^ refined
product, with forty-eight (48) inches or more of cover.
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