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HomeMy WebLinkAbout4241 E BRUNDAGE LN 5-1-201441%r 8 IE R S F l D FIRE wRTM r www.HakersfieldFire.us e -mail: firecetbakersfieldfire.us Douglas R. Greener Fire Chief 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) Arson Division 2101 H Street, Floor 2 Bakersfield, CA 93301 (661) 326 -3911 (main) (661) 852 -2172 (fax) March 12, 2014 Mr. Joe Landa Elite Collision Centers Inc. 4241 E. Brundage Ln Bakersfield, CA 93307 Certified Mail RE: ELITE COLLISION CENTERS INC. DOCKET NO: 2014 -01 Dear Mr. Landa, Enclosed is a Consent Agreement concerning violations of section 25113(1) of the California Health and Safety Code for Elite Collision Centers Inc. in Bakersfield California. Your facility was found to have illegally disposed of hazardous waste during a recent inspection. This Consent Agreement is in response to assurances your business manager has provided that the hazardous waste is now managed to prevent any further violations. Accordingly, the penalty has been revised downward from $5,000 to $1,250 in recognition of the good faith efforts. Please remit the penalty and signed agreement within 30 days as stipulated. If you have any questions, please feel free to call me at (661) 326 -3659. Sincerely, Howard H. Wines, III PG 7239 Director of Prevention Services Enclosure cc: J. Rudnick, City Attorney's Office R. Kelly, Deputy Fire Chief T. Crosby, Business Manager BAICERSFIELD FIRE DEPARTMEi,,IT o 2101 H STREET o BAKERSFIELD, CA, 93301 x661- 3:26 -391 1 "Serving the Community for Over a Century" STATE OF CALIFORNIA CITY OF BAKERSFIELD CERTIFIED UNIFIED PROGRAM AGENCY In the Matter of: ELITE COLLISION CENTERS INC Docket No.: 2014-01 ORDER OF CONSENT AGREEMENT A BAKERSFIELD CITY BUSINESS # 127946 1 Health and Safety Code Section 25187 Respondent. 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 ELIETE COLLISION CENTERS INC, doing business in the City of Bakersfield. 1.2. Owner / Operator. Respondent owns and operates this business at 4241 E. BRUNDAGE LANE in Bakersfield, California 93307. 1.3 Generator. The Respondent generated the following hazardous wastes: Paint waste containing VOC. 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. DETERMINATION OF VIOLATIONS 2. The CUPA hereby determines.that Respondent violated: 2.1 The Hazardous Waste Control Law, California Health and Safely Code section 25113(1), to wit: The discharge, deposit, injection, dumping, spilling, leaking, 1 or placing of f any waste so that that the waste or any constituent of the waste is or may be emitted into the air or discharged into or on any land or waters, including groundwater, or may otherwise enter the environment. 2.2 Noted April 17, 2014, on a routine hazardous materials inspection several canisters of waste paint materials discarded into a standard metal trash can with a plastic liner. SCHEDULE FOR COMPLIANCE 3. Based on the forgoing DETERMINATION OF VIOLATIONS, IT IS HEREBY ORDERED THAT: 3.1 The Respondent shall make arrangements to properly dispose of hazardous waste by obtaining an approved hazardous waste drum. 3.2 Submittals. A copy of the required documentation designed to demonstrate full compliance with both this Enforcement Order 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 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: N 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 Liabilit . 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 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 3 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. 3.9 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, 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 25188 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. 2 PENALTY 4. The CUPA assesses a penalty of one thousand, two hundred and fifty dollars ($ 1,250.00). Payment of the total penalty of one thousand, two. hundred and fifty dollars ($ 1,250.00) 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. 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: May 12, 2014 Mr. Howard H. Wines III PG 7239 Director of Prevention Services City of Bakersfield ELITE COLLISION CENTERS INC Typed or Printed Name of Respondent's Representative cc: Mr. Joshua Rudnick Deputy City Attorney 5 Date Date Douglas - a Fire Chief v 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) Arson Division 2101 H Street, Floor 2 Bakersfield, CA 93301 (661) 326 -3911 (main) (661) 852 -2172 (fax) April 21, 2014 Mr. Joe Landa Elite Collision Centers Inc. 4241 E. Brundage Lane Bakersfield California 93307 Certified Mail RE: ELITE COLLISION CENTERS INC. Docket No: 2014 -01 Dear; Mr. Landa Enclosed is an Enforcement Order concerning violations of 25113(l) of the California Health and Safety Code for Elite Collision Centers Inc. in Bakersfield, California. Your facility was found to . have illegally disposed of hazardous waste during a recent inspection. You are invited to attend an informal conference at 10:00 am on Wednesday May 8, 2014 at 2101 H Street, Bakersfield, California 93301. If you have any questions, please feel free to call. m C- - s 6 , 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' a 2101 H STREET e BAKERSFIE:LD, CA. 93301 0661 -326 -391 1 "Serving the Community for Over a Century" STATE OF CALIFORNIA CITY OF BAKERSFIELD CERTIFIED UNIFIED PROGRAM AGENCY In the Matter of: ELITE COLLISION CENTERS INC A BAKERSFIELD CITY BUSINESS # 127946 Respondent TO THE ABOVE RESPONDENT: Docket No.: 2014-01 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 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 1600 Truxtun Avenue 4t" 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. 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 May 8, 2014 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 In the Matter of: ELITE COLLISION CENTERS INC A BAKERSFIELD CITY BUSINESS # 127946 Respondent. Docket No.: 2014-01 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 ELIETE COLLISION CENTERS INC, doing business in the City of Bakersfield. 1.2. Owner / Operator. Respondent owns and operates this business at 4241 E. BRUNDAGE LANE in Bakersfield, California 93307. 1.3 Generator. The Respondent generated the following hazardous wastes: Paint waste containing VOC. 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. DETERMINATION OF VIOLATIONS 2. The CUPA hereby determines that Respondent violated: 2.1 The Hazardous Waste Control Law, California Health and Safety Code section 25113(1), to wit: The discharge, deposit, injection, dumping spilling, leaking, 1 or placing of any waste so that that the waste or any constituent of the waste is or may be emitted into the air or discharged into or on any land or waters, including groundwater, or may otherwise enter the environment. 2.2 Noted April 17, 2014, on a routine hazardous materials inspection several canisters of waste paint materials discarded into a standard metal trash can With a plastic liner. SCHEDULE FOR COMPLIANCE 3. Based on the forgoing DETERMINATION OF VIOLATIONS, IT IS HEREBY • HMI IS, a I-M I M F.", I 3.1 The Respondent shall make arrangements to properly dispose of hazardous waste by obtaining an approved hazardous waste drum. 3.2 Submittals. A copy of the required documentation designed to demonstrate full compliance with both this Enforcement Order 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 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: 2 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 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 3 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. 3.9 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, 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 25188 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. 0 F ► IN rV/ 4. The CUPA assesses a penalty of five thousand ($ 5,000). Payment of the total penalty of five thousand ($ 5,000) 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. 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: April 21, 2014 Mr. Howard H. Wines III PG 7239 Director of Prevention Services City of Bakersfield ELITE COLLISION CENTERS INC Typed or Printed Name of Respondent's Representative cc: Mr. Joshua Rudnick Deputy City Attorney Date Date STATE OF CALIFORNIA CITY OF BAKERSFIELD CERTIFIED UNIFIED PROGRAM AGENCY In the Matter of: ELITE COLLISION CENTERS INC. A BAKERSFIELD CITY BUSINESS # 12:946 Respondent. Docket No.: 2014-01 NOTICE OF DEFENSE Health and Safety Code k section 25187 t 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. Government Code Section 11507.7 (a) Any party claiming the party's request for discovery pursuant to Section 11507.6 has not been complied with may serve and file with the administrative law judge a motion to compel discovery, naming as respondent the party refusing or failing to comply with Section 11507.6. The motion 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 the matter is discoverable under that section, that a reasonable and good faith attempt to contact the respondent for an informal resolution of the issue has been made, and the ground or grounds of respondent's refusal so far as known to the moving party. I (b) The motion shall be served upon respondent party and filed within 15 days after the respondent party first evidenced 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, or within another time provided by stipulation, whichever period is longer. (c) The hearing on the motion to compel discovery shall be held within 15 days after the motion is made, or a later time that the administrative law judge may on the judge's own motion for good cause determine. The respondent party shall have the right to serve and file a written answer or other response to the motion before or at the time of the hearing. (d) Where the matter sought to be discovered is under the custody or control of the respondent party and the respondent party asserts that the matter is not a discoverable matter under the provisions of Section 11507.6, or is privileged against disclosure under those provisions, the administrative law judge may order lodged with it matters provided in subdivision (b) Of Section 915 of the Evidence Code and examine the matters in accordance with its provisions. (e) The administrative law judge shall decide the case on the matters examined in camera, the papers filed by the parties, and such oral argument and additional evidence as the administrative law judge may allow. (f) Unless otherwise stipulated by the parties, the administrative law judge shall no later than 15 days after the hearing make its order denying or granting the motion. The order shall be in writing setting forth the matters the moving party is entitled to discover under Section 11507.6. A copy of the order shall forthwith be served by mail by the administrative law judge upon the parties. Where the order grants the motion in whole or in part, the order shall not become effective until 10 days after the date the order is served. Where the order denies relief to the moving party, the order shall be effective on the date it is served.