HomeMy WebLinkAbout2200 E BRUNDAGE LN 3-2015Greener Douglas R.
m Fire Chief m
Deputy Chief Tyler Hartley
Operations /Training /Arson
661 -326 -3655
Deputy Chief Ross Kelly
Fire Prevention /EMS /USAR
661 - 326 -3652
Fire Department Headquarters
2101 H Street, Floor 1
Bakersfield, CA 93301
(661) 326 -3911 (main)
(661) 852 -2170 (fax)
Fire Department Community
Services / Public Information
2101 H Street, Floor 1
Bakersfield, CA 93301
(661) 326 -3688 (office)
(661) 852 -2170 (fax)
Fire Prevention Division
2101 H Street, Floor 2
Bakersfield, CA 93301
(661) 326 -3979 (main)
(661) 852 -2171 (fax)
Fire Training Division
5642 Victor Street (ODFTF)
Bakersfield, CA 93308
(661) 399 -4697 (main)
(661) 399 -5763 (fax)
Live Fire Training
106 E. White Lane (FS 5)
Bakersfield, CA 93307
(661) 397 -6305 (main)
(661) 852 -2170 (fax)
Arson Division
2101 H Street, Floor 2
Bakersfield, CA 93301
(661) 326 -3911 (main)
(661) 852 -2172 (fax)
March 12, 2015
Mr. Lee Jamieson
Agent for Service for Wholesale Fuels
PO Box 82515
Bakersfield, California 93380
Certified Mail
s
RE: WHOLESALE FUELS UNAUTHORIZED RELEASE, DOCKET No.
2015 -01
Dear Mr. Jamieson,
Enclosed is an Enforcement Order concerning violations of sections 25113.1,
25295(a)(1), and 25510 of the California Health and Safety Code for
Wholesale Fuels located in Bakersfield, California.
You are invited to attend an informal conference at 10:00 am on Wednesday
March 31, 2015 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
BAKERSFIELD
FIRE DEPARTMENT
o
L i 01
H S I R EE-1 ..l
BAKERSFIELD, CA,
93301 c 661-326-391 1
C L A
S S 2
F
I R
E D
E P A
R T M E N T
.STATE a. O .: a
CITY OF BAKERSFIELD
CERTIFIED UNIFIED PROGRAM AGENCY
In the Matter of:
WHOLESALE FUELS INC.
A CALIFORNIA COMPANY # C1104341
Respondent.
Docket No.: 2015 -01
NOTICE OF DEFENSE
Health and Safety Code
a ection 25187
I, the undersigned Respondent, acknowledge receipt of a copy of the
Enforcement Order, Statement to Respondent, Government Code sections 11507.5,
11507.67 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 PROGRAM AGENCY
In the Matter of:
WHOLESALE FUELS INC.
A CALIFORNIA CORPORATION # C1104341
Respondent
TO THE ABOVE RESPONDENT:
Docket No.: 2015-01
STATEMENT TO RESPONDENT
Enforcement Order
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 th
1600 Truxtun Avenue 4 Floor
Bakersfield, California 93301
Telephone: (661) 326-3721
1
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 ion the
allegations made in the Order will be conducted by the Office of Administrative He* arings
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 4th 1600 Truxtun Avenue 4 Floor
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.
2
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: Wednesday March 31, 2015
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.
K,
STATE OF CALIFORNIA
CITY OF BAKERSFIELD
CERTIFIED UNIFIED PROGRAM AGENCY
I
In the Matter of:
WHOLESALE FULES INC
A CALIFORNIA CORPORATION #C1104341
Respondent.
Docket No.: 2015-01
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
Hazardous Substances Act in the City of Bakersfield, issues this Enforcement Order (Order)
to WHOLESALE FUELS INC, doing business in the City of Bakersfield.
1.2. Owner / Operator. Respondent owns and operates this business at 2200 E.
BRUNDAGE LANE in Bakersfield, California 93307.
1.3 Generator. The Respondent generated the following hazardous wastes: Red
Dye Diesel from an improperly opened flange within the turbine sump.
1.3.1 On or about December 30, 2014 an unauthorized release occurred from
underground storage tank number 4, which contains red dye diesel. Red dye diesel
escaped from the secondary containment area (turbine sump) onto the concrete and
subsequently onto the dirt drive surrounding the concrete. The release occurred as a result
of an improper tank modification operation as per Mr. Ross Session's statement. According
to the statement of the listed individuals on site working on the system, none were ICC
certified technicians. This release resulted to one employee being transported to Kern
Medical Center Emergency Room and treated for eye injuries.
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
1
Safety Code or any permit, rule, regulation, standard, or requirement issued or adopted
pursuant thereto.
10111111:41"ZI111 111 ii� 1p�q� � llliii) ! liil 111!1i
2. The CUPA hereby determines that Respondent violated the following:
2.1 The California Health and Safety Code section 2,5113(1), to wit: The
discharge, deposit, injection, dumping, spilling, g, or placing i, leakinc g of any
waste so that that the waste or any constituent of the waste is or may be
\ernitted into the air or discharged into or on any land or waters, including
I
groundwater, or may otherwise enter the environment.
2.2 The California Health and Safety Code section 25295(a) to wit: An
unauthorized release that escapes from the secondary containment shall be
reported by the owner or operator to the local agency within 24 hours after the
release has occurred,
2.3 The California Health and Safety Code section 25510, to wit: Failure to
Immediate report any release of a hazardous material to the unified program
agency and State, City or County or Public Health and Safety and emergency
response personnel to the facility.
SCHEDULE FOR COMPLIANCE
3. Based on the forgoing DETERMINATION OF VIOLATIONS, IT IS HEREBY
ORDERED THAT:
3.1 The Respondent shall notify the California Governor's Office of Emergency
Service of the spill of record.
3.2 The Respondent shall conduct soil samples of the soils surrounding the
concrete fuel pad in the presence of a Bakersfield Fire Department CUPA inspector.
3.3 The Respondent shall send soil samples to a State Certified Laboratory for
analysis.
3.4 The Respondent shall have contaminated soil transported to a facility that is
approver to receive such contaminated soils.
4
3.5 Submittals. A copy of the required documentation designed to demonstrate
full compliance with both this Enforcement Order shall be forwarded within twenty
(15) days from the date of this Order to:
Mr. Howard H. Wines, III PC 7239
Director of Prevention Services
City of Bakersfield
2101 H Street
Bakersfield, California 93301
3.6 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.
3.7 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.
3.8 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.
3.9 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
3
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.
3.10 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.
3.11 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 comply with that request, deliver the documents to the
CUPA, or permit the CUPA to copy the documents prior to destruction.
3.12 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 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.
El
3.13 Additional Enforcement Actions. By issuance of this Order, the CUPA does
not waive the right to take further enforcement actions.
3.14 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.
3.15 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.
3.16 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.
3.17 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 25188 and other applicable provisions of law.
3.18 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. Pursuant to section 25515.3 of the California Health and Safety Code, to wit:
Failure to report a release of a hazardous material; the CUPA assesses a penalty of
twenty five thousand ($25,000). Payment of the total penalty of twenty five thousand
($25,000) is due within thirty (30) days from the effective date of the Order.
Respondent's check shall be made payable to the City of Bakersfield, Certified
Unified Program Agency and shall identify the Respondent and the Docket Number,
as shown in the heading of this case.
5
Respondent shall deliver the penalty payment to:
Ms. Toni Crosby
Business Manager
City of Bakersfield Fire Department
2101 H Street
Bakersfield, California 93301
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: March 12, 2015
Mr. Howard H. Wines Ill PG 7239
Director of Prevention Services
City of Bakersfield
Wholesale Fuels Inc.
Typed or Printed Name of
Respondent's Representative
cc: Mr. Joshua Rudnick
Deputy City Attorney
1*
Date
Date