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HomeMy WebLinkAbout3501 MT VERNON AVE (3)NO. 341247 1JAC(:b19ILB%@ffi?0Y ELD 341247 INVOICE REFERENCE INVOICE AMOUNT DEDUCTION BALANCE DATE 3/05/1417 - 73-VIOLATION-14 5,000.00 .00 5,000.00 Jaco Oil Co dba Fastrip 773-- TDokelt #2014-071 -TACH BEFORE DEPOSITING BANK OF AMERICA JACO OIL C►MPANY9 P.O. BOX 82515, BAKERSFIELD, CA 93380-2515 16-66 (661) 393-7000 1220 GL 341247 NO. DATE CHECK NUMBER DISCOUNT AMOUNT 09/05/2014 341247 **5,000.00 Five Thousand and 00/100 Dollars PAY To THE ORDER OF: JACO OIL COMPANY CITY OF BAKERSFIELD CERTIFIED UNIFIED PROGRAM 2101 H STREET BAKERSFIELD, CA 93301 02 3 4 12 to 1`0 e:L22000660: 14S 34L CITY OF SAKFERSFIELD J, CALWORNJA DATE DEPARTIVIENT FOR ACCOUNT0 FORM G4W70 AK40UNT SALES TAX TC�TAL -------------- Finance Direqto� CITY OF '` DAILY REPORT OF MONIES COLLECTED >r AUTHa0ZATION TO DEPOSIT MONIES TREASURER (DEPARTMENT Fire Department DATE 9/612Q1� DEPT/ TREASURY AMOUNT FUND DIV BAS E 10BJ DESCRIPTION CODES PER ACCOUNT IPER FUND 611 0 2038 281 O Jaco Oil Co, dba Fastr p 773 Docket # 2014 -7 5,000.00 IYELLCIW RECEIPT ## CASH $0.00 COIN CHECKS $5,000.00 $5,000M AUD.CONT. COPY FILED NUMERICALLY TREASURERS COPY BY DEPT. NAME S:kCrosby\ROMC 2015 PINK COPY RETURNED TO DEPT. TOTALS 6,000.00 0.00 RECEIPT NO'S -g- TO I CERTIFY THE ABOVE REPORT OF CASH COLLECTION$ IS TRUE RECEIPT NO'S TO AND CORRECT. A COPY OF EACH RECEIPT AND OR BANK RECEIPT IMO'S TO INC. DEPOSIT TAG IS ATTACHED AND MADE A PART THEREOF. RECEIPT NO'S TO INC. ORIGINAL OF RECEIPT MUST ACCOMPANY ANY VOID RECEIPT. TOTAL. RECEIPTS SUBMIT ALL THREE COPIES TO THE AUDITOR - CONTROLLER FOR CERTdF9CATION PRIOR FOR DEPOSE o 1NG MONIES WITH THE TREASURER. AUD.CONT. RETAINS WHITE COPY TREASURER RECEIPTS YELLOW AND PINK COPIES. DEPARTMENT RETAINS PINK COPY. AUDITOR CONTROLLER'S TREASURER'S AUTHORIZATION NO. RECEIPT NO- AUD.CONT. COPY FILED NUMERICALLY TREASURERS COPY BY DEPT. NAME S:kCrosby\ROMC 2015 PINK COPY RETURNED TO DEPT. SY hl:N> '^ S R��, E R S F I D ' FIRE August 26, 2014 TJ Jamieson www.8akersffe1dAjITa.us e -mail: firevioakersfieldfire.us Agent for Service of Process 3101 State Road Bakersfield, CA 93380 Douglas R. Greener Fire Chief Deputy Chief Tyler Hartley RE: FASTRIP 7773, DOCKET NO: 2014 -07 Operations/Training /Arson 661- 326 -3655 Dear Mr. Jamieson; Deputy Chief Ross Kelly Fire Prevention /EMS /USAR 661- 326 -3652 Enclosed is a Consent Agreement concerning conditions found during an Underground Storage Tank (UST) inspection on August 4, 2014 at the Fastrip #7773, located at 3501 Mt. Vernon Avenue in Bakersfield. Fire Department Headquarters 2101 H Street, Floor 1 Pursuant to the Agreement, the penalty is reduced to $ 5000, there is no Bakersfield, CA 93301 (661) 326 -3911 (main) admission of liability, and the alleged violations are denoted as Class 2. (661) 852 -2170 (fax) Fire Department Community Please sign and return a copy of the Agreement, tendered with the Services / Public Information reduced penalty amount, within 30 days to this office. 2101 H Street, Floor 1 Bakersfield, CA 93301 If you have any questions, please feel free to call me at (661) 326 -3659. (661) 326 -3688 (office) (661) 852 -2170 (fax) Fire Prevention Division Sincerely, 2101 H Street, Floor 2 _-- -----' Bakersfield, CA 93301 .� (661) 326 -3979 (main) 't, (661) 852 -2171 (fax) Howard H. Wines, III PG 7239 Fire Training Division Director of Prevention Services 5642 Victor Street (ODFTF) Bakersfield, CA 93308 (661) 399 -4697 (main) Enclosures (661) 399 -5763 (fax) Live Fire Training cc: J. Rudnick, City Attorney's Office 106 E. White Lane (FS 5) Bakersfield, CA 93307 R. Kelly, Deputy Fire Chief (661) 397 -6305 (main) T. Crosby, Business Manager (661) 852 -2170 (fax) Arson Division 2101 H Street, Floor 2 Bakersfield, CA 93301 (661) 326 -3911 (main) (661) 852 -2172 (fax) BAKERSFIELD FIRE DEPARTMENT o 2101 1-1 STREET o BAKERSFIELD, CA. 93301 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 OF CALIFORNIA CITY OF BAKERSFIELD CERTIFIED UNIFIED PROGRAM AGENCY In the Matter of: JACO OIL COMPANY dba, FASTRIP # 7773 Respondent. Docket No.: 2014-07 ORDER ON CONSENT AGREEMENT Health and Safety Code Section 25299 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 Order on Consent Agreement (Order) to JACO OIL COMPANY dba, FASTRIP #7773, doing business in the City of Bakersfield. 1.2. Owner / Operator. Respondent owns and operates the underground storage tank system located at 3501 Mt. Vernon Avenue 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. Section 15.65.120 if the Bakersfield Municipal Code authorizes the Bakersfield Fire Department-Prevention Services Division to order action necessary to correct violations and assess a penalty when they determine that any 1 person has violated specific provisions of the California Fire Code or any permit, rule, regulation, standard or required issued or adopted pursuant thereto. 1.4 Discussion. On August 4, 2014 in preparation for the annual fuel monitoring certification, a visual inspection of the a transition sump at the above location found drain valves in the sump were placed inside plastic cups (7 cups total were in the sump) two of the cups contained % of diesel fuel that had dripped from the secondary , line. Following a review of the paperwork, it was documented that on July 31, 2014 a ` minor modification was completed on the transition sump without the facility obtaining a construction permit for the work. A continuation of the paperwork review also indicated that the work was completed by and the retest of the completed work was performed and documented by a Mr. Adam McClanahan, who is not certified in any California UST category. DETERMINATION OF VIOLATIONS 2 The CUPA hereby determines that Respondent allegedly 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 punishable 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 fora period of not more that one year, or by both fine and imprisonment. (A Class 2 violation for the purpose of this Agreement.) r SCHEDULE FOR COMPLIANCE 3. Based on the forgoing DETERMINATION OF VIOLATIONS, IT IS HEREBY ORDERED THAT: 3.1 Respondent shall make arrangements necessary to comply with both the California Health and Safety Code preventing 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. The Respondent shall make the necessary arrangements to comply with the fire code regulation for obtaining an approved permit prior to engaging in a regulated activity. The Respondent shall submit for a minor modification of an underground storage tank facility construction permit application and accompanying plans for the modifications conducted at the site for the Bakersfield Fire Department approval within thirty (30) days from the effected date of this order. 3.2 Submittals. A signed copy of this Consent Agreement shall be forwarded within thirty (30) 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, 3 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 shall permit the CUPA and its authorized representatives to inspect and copy all sampling, testing, monitoring, and E! 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, 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. 9 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. 3.16 Non - Admission of Liability. JACO OIL COMPANY neither admits nor denies the allegations in Section 2. PENALTY 4. The CUPA assesses a revised penalty of five thousand dollars ($ 5,000). Payment of the revised penalty of five thousand dollars ($ 5,000) 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 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 Cei 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: August 26, 2014 Mr. Howard H. Wines III PG 7239 Director of Prevention Services City of Bakersfield JACO OIL COMPANY Name of Respondent's Representative cc: Mr. J. Rudnick Deputy City Attorney City of Bakersfield 1600 Truxtun Avenue Bakersfield, CA. 93301 Mr. R. Kelly Deputy Fire Chief Bakersfield Fire Department 2101 H Street Bakersfield, CA 93301 Ms. T. Crosby Business Manager Bakersfield Fire Department 2101 H Street Bakersfield, CA 93301 7 Date Date Douglas - . Fire Chief n 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) August 7, 2014 TJ Jamieson Agent for Service of Process 3101 State Road Bakersfield, CA 93380 Certified Mail RE: FASTRIP 7773, DOCKET NO: 2014 -07 Dear Mr. Jamieson; Enclosed is an Enforcement Order concerning violations of Chapter 6.7 of Division 20 of the California Health and Safety Code and Section 105 of the California Fire Code, in which you have altered the ability of the sensors to detect a leak at the earliest point of detection in the transition sump of your underground storage tank system and failed to obtain a permit for minor modification work to correct an unauthorized release of fuel. You are invited to attend an informal conference at 10:00 am on Tuesday August 26, 2014 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 2 10 1 H STREET a BAKERSFIELD, CA. 93301 0 66 1- ;326 -3911 C L A S S 2 F I R E D E P A R T M E N T In the Matter of: STATE OF CALIFORNIA CITY OF BAKERSFIELD CERTIFIED UNIFIED PROGRAM AGENCY Docket No.: 2014 -07 JACO OIL COMPANY dba, FASTRIP # 7773 STATEMENT TO RESPONDENT A California Corporation No. C059841 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 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 1 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 sedtions 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. 2 INFORMAL CONFERENCE If you wish to discuss this matter with the CUPA, an Informal Conference has been scheduled for: Date: Tuesday August 26, 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. 3 STATE OF CALIFORNIA CITY OF BAKERSFIELD CERTIFIED UNIFIED PROGRAM AGENCY In the Matter of: JACO OIL COMPANY dba, FASTRIP # 7773 A California, Corporation No. C059841 L Respondent. Docket No.: 2014-07 ENFORCEMENT ORDER Health and Safety Code Section 25299 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 JACO OIL COMPANY dba, FASTRIP #7773, doing business in the City of Bakersfield. 1.2. Owner / Operator. Respondent owns and operates the underground storage tank system located at 3501 Mt. Vernon Avenue 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. Section 15.65.120 if the Bakersfield Municipal Code authorizes the Bakersfield Fire Department-Prevention Services Division to order action necessary to correct violations and assess a penalty when they determine that any 1 person has violated specific provisions of the California Fire Code or any permit, rule, regulation, standard or required issued or adopted pursuant thereto. 1.4 Discussion. On August 4, 2014 in preparation for the annual fuel monitoring certification, a visual inspection of the a transition sump at the above location found drain valves in the sump were placed inside plastic cups (7 cups total were in the sump two of the cups contained % of diesel fuel that had dripped from the secondary line. Following a review of the paperwork, it was documented that on July 31, 2014 a minor modification was completed on the transition sump without the facility obtaining a construction permit for the work. A continuation of the paperwork review also indicated that the work was completed by and the retest of the completed work was performed and documented by a Mr. Adam McClanahan, who is not certified in any California UST category. DETERMINATION OF VIOLATIONS 2 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 punishable 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. 2 2.2 The California Fire Code, section 105.7.8(2), to wit: a construction permit is required for work to install, construct or alter fuel dispensing station and shall be punishable by a fine of one thousand and five hundred dollars ($1,500). SCHEDULE FOR COMPLIANCE l � 3. Based on the forgoing DETERMINATION OF VIOLATIONS, IT IS HEREBY ORDERED THAT: 3.1 Respondent shall make arrangements necessary to comply with both the California Health and Safety Code preventing 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. The Respondent shall make the necessary arrangements to comply with the fire code regulation for obtaining an approved permit prior to engaging in a regulated activity. The Respondent shall submit for a minor modification of an underground storage tank facility construction permit application and accompanying plans for the modifications conducted at the site for the Bakersfield Fire Depart approval within thirty (30) days from the effected date of this order. 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 thirty (30) 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 3.3 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. 12 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 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. '01 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 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 eleven thousand five hundred dollars ($ 11,500). Payment of the total penalty of eleven thousand five hundred dollars ($ 11,500) 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 C: STATE OF CALIFORNIA CITY OF BAKERSFIELD CERTIFIED UNIFIED PROGRAM AGENCY In the Matter of: JACO OIL COMPANY dba, FASTRIP # 7773 A California Corporation No. C059841, Respondent. Docket No.: 2014-07 NOTICE OF DEFENSE Health and Safety Code Section 25299 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) 0 I 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 kn6wn 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. (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. STATE OF CALIFORNIA CITY OF BAKERSFIELD CERTIFIED UNIFIED PROGRAM AGENCY In the Matter of: JACO OIL COMPANY dba, FASTRIP # 7773 A California Corporation No. C059841 Respondent. Docket No.: 2014-07 ENFORCEMENT ORDER Health and Safety Code Section 25299 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 JACO OIL COMPANY dba, FASTRIP #7773, doing business in the City of Bakersfield. 1.2. Owner / Operator. Respondent owns and operates the underground storage tank system located at 3501 Mt. Vernon Avenue 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. Section 15.65.120 if the Bakersfield Municipal Code authorizes the Bakersfield Fire Department-Prevention Services Division to order action necessary to correct violations and assess a penalty when they determine that any i person has violated specific provisions of the California Fire Code or any permit, rule, regulation, standard or required issued or adopted pursuant thereto. 1.4 Discussion. On August 4, 2014 in preparation for the annual fuel monitoring certification, a visual inspection of the a transition sump at the above location found drain valves in the sump were placed inside plastic cups (7 cups total were in the sump) two of the cups contained % of diesel fuel that,had dripped from the secondary line. Following a review of the paperwork, it was documented that on July 31, 2014 a minor modification was completed on the transition sump without the facility obtaining a construction permit for the work. A continuation of the paperwork review also indicated that the work was completed by and the retest of the completed work was performed and documented by a Mr. Adam McClanahan, who is not certified in any California UST category. DETERMINATION OF VIOLATIONS 2 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 punishable 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. 2.2 The California Fire Code, section 105.7.8(2), to wit: a construction permit is required for work to install, construct or alter fuel dispensing station and shall be punishable by a fine of one thousand and five hundred dollars ($1,500)w SCHEDULE FOR COMPLIANCE 3. Based on the forgoing DETERMINATION OF VIOLATIONS, IT IS HEREBY ORDERED THAT: 3.1 Respondent shall make arrangements necessary to comply with both the California Health and Safety Code preventing 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. The Respondent shall make the necessary arrangements to comply with the fire code regulation for obtaining an approved permit prior to engaging in a regulated activity. The Respondent shall submit for a minor modification of an underground storage tank facility construction permit application and accompanying plans for the modifications conducted at the site for the Bakersfield Fire Depart approval within thirty (30) days from the effected date of this order. 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 thirty (30) 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 3.3 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. C! 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 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. 5 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 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 eleven thousand five hundred dollars ($ 11,500). Payment of the total penalty of eleven thousand five hundred dollars ($ 11,500) 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 0 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: August 7, 2014 Mr. Howard H. Wines III PG 7239 Director of Prevention Services City of Bakersfield JACO OIL Name of Respondent's Representative cc: Mr. J Rudnick Deputy City Attorney City of Bakersfield 1600 Truxtun Avenue Bakersfield, CA. 93301 Mr. R Kelly Deputy Fire Chief Bakersfield Fire Department 2101 H Street Bakersfield, CA 93301 Ms. T. Crosby Business Manager Bakersfield Fire Department 2101 H Street Bakersfield, CA 93301 7 Date Date Supplemental- On 8/4/2014 1 was scheduled to meet UST confidence at 3501 Mt. Vernon Ave for the annual fuel monitor certification. Upon my visual inspection on the transition sump I found that each one of the drain valves located in the transition sump were located inside of 12oz plastic cups 7 cups in total, with 2 of the cups having % of inch of fluid in them that was coming from the diesel secondary line. After review of the paper work I found that on 03/28/2014 the UDC had new penetration boots installed, and the transition sump was replaced with a new bravo transition sump and new penetration boots. On 07/21/2014 when Confidence UST was on site for their PM inspection they found that the transitions sumps secondary had no way to allow fluid to drain out of the secondary and for the sensor to detect a leak at the earliest opportunity. They notified JACO who notified Sessions and had crews report to the site. On 7/30/2014 minor modification work was done on the transition sump without a permit being pulled. On 7/31/2014 a test was conducted on the work conducted by Sessions without a permit being pulled or notification to the Authority having Jurisdiction. On 8/4/2014 after my discovery I notified JACO and asked for one of their representatives to respond to my location to see what I had found. Matthew Cheney was first to arrive on site from JACO and was also a witness to what I had found and agreed after seeing the paper work that the cups should have been removed since a test was conducted and passed. Don Davis arrived on site and was also a witness to the violations that had occurred. On 08/04/2014 2 -class I violations were issued for tampering with the detection system and failure to continuously monitor the transition sump. 1 -Class II violation was issued for debris /liquid inside of the sump. On 08/05/2014 a third class I violation was issued to the site for failure to pull a permit for modification work inside of the transition sump. :.ertification Search Page 1 of -tome > My ICC Search for an ICC certified professional: Contact Information No results! Please try again! 1- 888 -ICC -SAFE =first Name: Adam (422 - 7233), ext. _ast Name: McClanahan 5524 Dity: - - --- - -- - -- State: T Contact Us •• 3Ihone Number. Dertification Type: :certification Category: All UST Categories I Go I �ILEASE NOTE: Search will return a maximum of 500 records, and is limited to that information on record as provided by candidates. The ICC Certification Search contains information on individuals who may be currently certified with the International Code Council, but is not the official record. Certificates should be ✓erffied through viewing the original certificate issued by ICC to the individual, or by contacting ICC Certification and Testing at certexam @iccsafe; org, or 1- 888 -422 -7233, ext. 5524. To naintain the currency of ICC certificates, individuals must renew these every two to three years through retesting or professional development activities. Full details on certificate -enewal requirements are found in the Certification Renewal web pages. .............................. ............- ............I..... This registry also contains certificates of state, regional, and affiliated associations which are sponsored by ICC. CC policy is to maintain the privacy requests of its members and constituents. If your listed information is incorrect, please notify ICC. If you prefer that detailed address and telephone nformation be included in your listing, please provide ICC with written notice which authorizes this action. Terms of Use: This listing is provided as a service to the constituents of ICC for the purposes of locating a certified professional or contractor in your area, or confirming status for ndividuals. Any other use, sale, transfer, or reproduction in any form without the express written consent of ICC is strictly prohibited. ICC reserves the right to incorporate some false lames to detect improper use of this service. 9l + 1 1. 4 •• � �fi a4'4y �.Y'E' - - �yhk T it ICt EVAL TION SERVICE r e P ittps: / /ay.iccsafe .org /eweblDynamicPage.aspx? Site = ICC &WebKey= b7afd990 -2e 14- 4013 -al 86- aeb405641 a... 8/5/201z vftr E OkE R S F lilt D FIRE August 7, 2014 wRrm r TJ Jamieson www,Ba&ersfieldFAre.us e -mail: firevbakersfieldfire.us Agent for Service of Process 3101 State Road Bakersfield, CA 93380 Douglas R. Greener Certified Mail Fire Chief Deputy Chief Tyler Hartley RE: FASTRIP 7773, DOCKET NO: 2014 -07 ' Operations /Training /Arson 661- 326 -3655 Dear Mr. Jamieson; Deputy Chief Ross Kelly Fire Prevention /EMS /USAR 661 - 326 -3652 Enclosed is an Enforcement Order concerning violations of Chapter 6.7 of Division 20 of the California Health and Safety Code and Section 105 of the California Fire Code, in which you have altered the ability of the Fire Department Headquarters sensors to detect a leak at the earliest point of detection in the transition 2101 H Street, Floor 1 sump of your underground storage tank system and failed to obtain a Bakersfield, CA 93301 for minor modification work to correct an unauthorized release of (661) 326 -3911 (main) permit (661) 852 -2170 (fax) fuel, Fire Department Community Services / Public Information You are invited to attend an informal conference at 10:00 am on Tuesday August 26, 2014 at 2101 H Street. 2101 H Street, Floor 1 Bakersfield, CA 93301 (661) 326 -3688 (office) If you have any questions, please feel free to call. (661) 852 -2170 (fax) Fire Prevention Division Sincerely, 2101 H Street, Floor 2 Bakersfield, CA 93301 , (661) 326 -3979 (main) (661) 852 -2171 (fax) Fire Training Division Howard H. Wines, III PG 7239 Director of Prevention Services 5642 Victor Street (ODFTF) Bakersfield, CA 93308 (661) 399 -4697 (main) (661) 399 -5763 (fax) EriC10SUreS Live Fire Training 106 E. White Lane (FS 5) Bakersfield, CA 93307 cc: J. Rudnick, City Attorney's Office (661) 397 -6305 (main) R. Kelly, Deputy Fire Chief (661) 852 -2170 (fax) T. Crosby, Business Manager Arson Division 2101 H Street, Floor 2 Bakersfield, CA 93301 (661) 326 -3911 (main) (661) 852 -2172 (fax) BAKERSFIELD FIRE DEPARTMENT () 2101 H STREET o BAKERSFIELD, CA. 93301 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 OF CALIFORNIA CITY OF BAKERSFIELD CERTIFIED UNIFIED PROGRAM AGENCY In the Matter of: Docket No.: 2014-07 JACO OIL COMPANY dba, FASTRIP # 7773 STATEMENT TO RESPONDENT A California Corporation No. C059841 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 th 1600 Truxtun Avenue 4 Floor Bakersfield, California 93301 Telephone: (661) 326-3721 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 1 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) 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. 2 INFORMAL CONFERENCE If you wish to discuss this matter with the CUPA, an Informal Conference has been scheduled for: Date: Tuesday August 26, 2014 Time: 10: 0 0 LVITTI 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: JACO OIL COMPANY dba, FASTRIP # 7773 A California Corporation No. C059841 Respondent. Docket No.: 2014-07 NOTICE OF DEFENSE Health and Safety Code Section 25299 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. (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. lusiness Search - Business Entities - Business Programs Page 1 of ' Secretary of State Administration Elections Business Programs Political Reform Archives Registries Business Entities (BE) 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 Business Entity Detail Data is updated to the California Business Search on Wednesday and Saturday mornings. Results reflect work processed through Tuesday, August 05, 2014. Please refer to Processing Times for the ................................. . ....................... received dates of filings currently being processed. The data provided is not a complete or certified record of an entity. Entity Name: JACO OIL COMPANY Entity Number: C0598541 Date Filed: 05/15/1970 Status: ACTIVE Jurisdiction: CALIFORNIA Entity Address: POB 82515 Entity City, State, Zip: BAKERSFIELD CA 93380-2515 Agent for Service of Process: T 3 JAMIESON Agent Address: 3101 STATE RD Agent City, State, Zip: BAKERSFIELD CA 93308 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 Availability.. • For information on ordering certificates, copies of documents and/or status reports or to request a more extensive search, refer to Information Requests. ....................... ............................... "** *- • For help with searching an entity name, refer to Search Tips. ...................................... • For descriptions of the various fields and status types, refer to Field Descriptions and Status ................................................................................................. Definitions. Modify Search New Search Printer. Friendly Back to Search Results ........................... New - Search I ............. ................................................. .. ............................................................................. Privacy Statement I Free Document Readers .................. . ................................ . Free Copyright @ 2014 California Secretary of State i-ftp://kepler.sos.ca.gov/ 8/6/201z aciliiy %Site: 7773 FASTRIP #31 CERS ID 501 Mount Vernon Ave 10155971 akersfield, CA 93306 ubrnittal3tatus abmitted on 12/5/2013 by Catherine Riccomini of Jamieson Hill Company (Bakersfield, CA) )mments by submitter: UPDATED REPORTING DATES ibmittal was Accepted; Processed on 12/6/2013 by Craig Perkins for Bakersfield City Fire Department lentification ASSRI JABER PO BOX 82515 Beginning Date Ending Date aerator Phone Business Phone Business Fax BAKERSFIELD, CA 93380 -2515 12/1/2013 11/30/2014 ;61) 872 -1389 (661) 872 -2654 Dun & Bradstreet SIC Code Primary NAICS DIRECTOR CONST & MAINT. 5541 Fa' cuity /Site Mat ing Address rimery Emergency Contact. PO BOX 82515 R. CRAIG LINCOLN BAKERSFIELD, CA 93380 -2515 Title DIRECTOR CONST & MAINT. usiness Phone 24 -Hour Phone Pager Number 661) 633 -7555 (661) 428 -5454 . W;" ner Setandary Emergency Contact AMIESON HILL OMERO GARCIA 661) 393 -7000 Title PO BOX 82515 DIRECTOR OF MAINTENANCE BAKERSFIELD, CA 93380 -2515 usiness Phone 24 -Hour Phone Pager Number 661) 393 -7000 (661) 428 -5457 Ming Cantact- Environ "mental Contact R CRAIG LINCOLN R. CRAIG LINCOLN 661) 663 -7555 craigL @jaco.com 661) 633 -7555 craigL @jaco.com PO BOX 82515 PO BOX 82515 BAKERSFIELD, CA 93380 -2515 BAKERSFIELD, CA 93380 -2515 3me of Signer Signer Title Document Preparer CRAIG LINCOLN DIRECTOR CONST & MAINT Catherine Riccomini iditiona 1 Information ally- collectetl Fields e or all of the following fields may be required by your local regulator(s). erty owner :SON HILL (661) 633 -7555 Mailing Address PO BOX 82515 BAKERSFIELD, CA 93380 -2515 - Printed on 8/5/2014 2:25 PM Assessor Parcel Number (APN) Number of Employees Facility ID 15- 021 - 003018 f T 1 1, rfi m ARM, y CFA} rr .......... .................... f fy 9 11 �s r a . a y ' 1 4m �. �, a t S� a �3f 1 k go, is 10 re Z YOM i'oRK PERF0RM,ED A% x •£.., . 2 ;i 3 }1} 1 4—Au, _ a ��1 '+ i � `� A =. l � �- i .i'r°c. a� `� •.,m+n,a.,,.� Y.�.:,,y,�� 9�,,,:i�_. f._.e.: .� f 1 a a { 2 j .Ail Faterial is guaranteed -lo be as specified, and e above viv a; �, ^gas performed in accordance wit the drawings and specificatiops provided for the l above woT.k and was completed in a substantial workmanlike maziner w-c; e agreed sum of Dollars ( This is a ❑ Partial ❑ Pull invoice due and payable by: nay Year in accordance with our.ElAgreament E- Troposal Pao. Dated 3 Month nay Year -dairw TM 22 BAKERSFIELD FIRE DEPARTMENT - bhoo Prevention Services Division Underground Storage Tank Program 2101 H Street B E R S F I D DW Inspection Report Bakersfield, CA 93301 Permission to Inspect: ,Trru2A 0 Phone: 661-326-3979 r FAY: 661-852-2171 Business Name: Fastrip-15-021-003018 Date:8/4/2014 Address Name: 3501 Mt. Vernon-CAL000282746 Inspector Name: Shane Gardner #8248557 Inspection Type: Routine Report: Final NVO = No Violation Observed OUT = Out of Compliance NA = Not Applicable UD = Undetermined COS = Corrected On Site RPT = Repeat Violation Violation Program Requirement 4- o o SOC Comments No 9. 0 0 a 2 Co 0 z 0 2 n C) (Z Q 05 File Review Facility Tank Information 2030021 Facility has a valid Permit Tank 1-12000-Reg-DW to Operate from the None Tank 2-12000-DSL-DW CUPA - 23 CCR 16 2712(1); Tank 3-12000-PRM-DW HSC 6.7 25284 Tank 4- 2010010 UST Operating Permit Application for Facility information and Tank None information submitted/maintained - 23 CCR 16 2711; HSC 6.7 25286(a) 2010001 Current BOE number submitted to the CUPA None and/or CERS - HSC 6.7 25286(c) 2030011 UST compliance statement and/or Designated Operator El ❑ None current certification submitted - 23 CCR 16 2715(a), 2715(b) 2030046 A complete and accurate response plan has been submitted, approved and [S ❑ ❑ None maintained - 23 CCR 16 2632, 2634(e), 2641(h), 2712(i) 2030041 A complete and accurate plot plan has been submitted, approved and None maintained - 23 CCR 16 2632(d)(1)(C), 2711(a)(8) 2010006 Owner/Operator has not made false statements or representation on any None required document - HSC 6.725299 2010003 Owner/Operator has a DO and/or informed the CUPA of any change (s) None within 30 days - 23 CCR 16 2715(a) Violation Program Requirement 0.0 SOC Comments No Oj Q o O d m� o z O z :D V �� Testing 2030002 Owner /Operator has tested and certified leak ® El n ❑ ❑ ❑ None detection equipment annual) - 23 CCR 16 2638 2030048 Secondary containment testing conducted every 36 months in accordance ® ❑ ❑ ❑ ❑ ❑ None with requirements - 23 CCR 16 2637 2030055 Spill buckets have been tested annually as ® ❑ ❑ ❑ ❑ ❑ None required - HSC 6.7 25284.2 2010009 Secondary containment test results submitted to the CUPA within 30 days ® ❑ ❑ ❑ ❑ ❑ None after the test - 23 CCR 16 2637(e) 2030064 CUPA was poperly notified within the prescribed number of ® ❑ ❑ ❑ ❑ (� None hours prior to testing - 23 CCR 16 2637(1), 2638(e), 2643(8), 2644.1(a) (4) Install /Repair 2060009 Permits obtained to failure to obtain permit to correct install, replace, repair, or F] ® ❑ ❑ ❑ None transistion sump. modify part of the UST system - 23 CCR 16 2712 UST System Observation General Monitoring 2030003 Leak detection system maintains continuous RD monitoring that activates ® E] ❑ ❑ ❑ ❑ None ❑ an audible and visual Yes alarm - 23 CCR 16 2632, 2634, 2636, 2666 2030016 The annular space of the failure to continuoulsy monitor tank, piping and sumps RD transistion sump are continuously monitored and activates ❑ ® ❑ ❑ ❑ ❑ Class 1 the alarm - 23 CCR 16 Yes 2631(8), 2632(c)(2)(A) &(8), 2633(c), 2636 2030017 Product piping outside the UDC is fail -safe and shuts down the pump or' ® ❑ ❑ ❑ ❑ ❑ None restricts flow,- 23 CCR 16 26360 (5) 2030018 Turbine sump monitor RD activates an audible and visual alarm or stops the ® ❑ ❑ ❑ ❑ ❑ None ❑ flow of at the dispenser - Yes 23 CCR 16 2636(0(1) Underground Storage Tank Program - DW Inspection Report v 2.0 Violation Program Requirement 0 0 SOC Comments No D 4 a 4 a as Qo z O z a v a> 2030019 Monitoring system in the UDCs activates an audible and visual alarm ® ❑ ❑ ❑ ❑ ❑ None or stops the flow at the UDC -23 CCR 16 2636( 0(1) 2030043 Leak detection equipment RD properly programmed or properly operated - 23 ® ❑ ❑ ❑ ❑ ❑ None ❑ CCR 16 2632, 2634, 2636, Yes 2666 2060005 System constructed with a monitoring system capable of detecting entry ® El 1:1 ❑ 1:1 ❑ None into secondary � containment - HSC 6.7 25291(b) 2060014 Correct leak detection equipment installed for RD the type of system ® ❑ ❑ ❑ ❑ ❑ None ❑ present - 23 CCR 16 2638; Yes HSC 6.7 25290.1, 25290.2, 25291 2060015 Sensor located in the RD proper position /location - ® ❑ ❑ ❑ ❑ ❑ None ❑ 23 CCR 16 2630(d), 2641(a) Yes 2030062 Facility is in compliance tampering with the ability for with not tampering with or Class 1 RD sensor inside the transistion sump disabling leak detection ❑ ® ❑ ❑ ❑ ❑ ® to detect a leak at the earliest devices or alarms - HSC Yes opportunity. 6.7 25299 a (9) 2060022 System constructed with a monitoring system capable of detecting entry ® ❑ ❑ ❑ ❑ ❑ None into secondary containment - HSC 6.7 25290.2(d) 2030034 Tag /sticker on affixed monitoring equipment being certified, repaired, ® ❑ ❑ ❑ ❑ ❑ None or replaced - 23 CCR 16 2638 VPH Monitoring VPH 2030065 Interstitial monitoring of RD the annular spaces of the UST is properly ❑ ❑ ® ❑ ❑ ❑ None ❑ maintained - HSC 6.7 Yes 25290.1 e 2060023 System constructed with a monitoring system capable of detecting entry into secondary ❑ ❑ ® ❑ ❑ ❑ None containment - HSC 6.7 25290.1(d) Underground Storage Tank Program - DW Inspection Report v 2.0 Violation Program Requirement o SOC Comments No D ¢ o O a m *' O)o Z O z M 0 W j Line Leak Detector 2060012 Line leak detector installed on pressurized RD piping system - HSC 6.7 ® ❑ ❑ ❑ ❑ ❑ None [:1 25290.1(h), 25290.2(8), Yes 252910, 25292(e), 26360 (2) 2030026 Line leak detectors detect a 3 gph leak and /or RD audible and visual alarm ® ❑ ❑ ❑ ❑ ❑ None ❑ function properly - 23 Yes CCR 16 2636(0(6), 2666(c) 2030027 Turbine shuts down when a leak is detected or RD when line leak detector is ® ❑ ❑ ❑ ❑ ❑ None ❑ disconnected - 23 CCR 16 Yes 2666(c) 2030025 Pressurized piping able to detect a 3.0 gph leak RD within an hour, and ® ❑ ❑ ❑ ❑ ❑ None ❑ restricts the flow or Yes alarms - 23 CCR 16 26360 (2) Secondary Containment 2060010 UST storing a hazardous RD substance has secondary ® ❑ ❑ ❑ ❑ ❑ None ❑ containment - HSC 6.7 Yes 25292 Underground Storage Tank Program - DW Inspection Report v 2.0 Violation Program Requirement ° o SOC Comments No p_ e a 0 a �c Z O Z M y W of 2030008 UDC, sumps, and /or Liquid and Plastic cups inside of other secondary transistion sump containment in good ❑ ® ❑ ❑ ❑ ❑ Class 2 condition and /or are free of debris /liquid - HSC 6.7 25290.1, 25290.2, 25291 2030040 Secondarily contained RD piping maintained to allow ® ❑ ❑ ❑ ❑ ❑ None ❑ liquid to drain into sump - Yes 23 CCR 16 2630(d), 2641 a) 2060006 Secondary containment piping slopes back to the Z ❑ ❑ ❑ ❑ ❑ None collection sump - 23 CCR 16 263(p) 2030047 Secondary containment maintained tight and has been confirmed by testing ® ❑ ❑ ❑ ❑ ❑ None - 23 CCR 16 2662, HSC 6.7 25290.1(c)(2), 25290.2(c)(2), 25291(a), 25292(e 2030060 Entry fittings in secondary containment for UST system maintained ® ❑ ❑ ❑ ❑ ❑ None tight/sealed - 23 CCR 16 2630, 2635(d), 2636(c), 2666 2060020 Spill bucket is installed RP and has a functional drain valve or other means to ® ❑ ❑ ❑ ❑ ❑ None ❑ remove liquid - 23 CCR 16 Yes 2635(b), 2665 2030054 Spill bucket maintained in RP good condition and free of ® ❑ ❑ ❑ ❑ ❑ None ❑ debris and /or liquid - 23 Yes CCR 16 2635(b), 2715(c)(2) 2060019 Spill bucket to has a minimum capacity of five ® ❑ ❑ ❑ ❑ ❑ None gallons - 23 CCR 16 2635(b), 2665 Overfill 2030035 UST system is operated RP to prevent unauthorized release, including spills ® ❑ ❑ ❑ F1 ❑ None ❑ and overfills - HSC 6.7 Yes 25292.1 a 2030036 Overfill prevention system RP has not been overridden and meets overfill ® ❑ ❑ ❑ ❑ ❑ None ❑ requirements - 23 CCR 16 Yes 2635(b)(2), 2665 Underground Storage Tank Program - DW Inspection Report v 2.0 Violation Program Requirement ° o SOC Comments No M Q o Co a E r c o z O z M 0 w �j On Site Records Certifications 2030023 Required designated operators or contractors maintain a proper and ® ❑ ❑ ❑ F I R None current ICC certification - 23 CCR 16 2715 2030024 Service technician, installer, and/ or employee maintain a ® ❑ ❑ ❑ ❑ ❑ None proper license - 23 CCR 162715 2030031 Employee or contractor obtained and maintained proper manufacturer ® ❑ ❑ ❑ ❑ ❑ None certification - 23 CCR 16 2715 2010007 Submit/maintain current Certificate of Financial Responsibility /mechanism of financial assurance - ® ❑ ❑ ❑ ❑ ❑ None 23 CCR 16 2711; 23 CCR 18 2808.11 2809 - 2809.2; HSC 6.7 25292.2; HSC 6.75 25299.30- 25299.34 Designated Operator 2010004 Copies of DO inspections for last 12 months and list of trained employees Z ❑ ❑ ❑ ❑ ❑ None maintained - 23 CCR 16 2715 2030013 Designated operator properly conducted the monthly inspection and ® ❑ ❑ ❑ ❑ ❑ None the reports are complete - 23 CCR 16 2715 2030010 DO notified operator of any condition observed during the monthly ® ❑ ❑ ❑ Cj ❑ None inspection that may require action - 23 CCR 16 2715(d) 2030012 DO employee training performed, current for at least one employee on ® ❑ ❑ ❑ ❑ ❑ None site, and a log kept - 23 CCR 16 2715(c)(6), 27150 Underground Storage Tank Program - DW Inspection Report v 2.0 Violation Program Requirement o SOC Comments No o Q o o a �a Z O Z n U w �> Logs 2030001 Leak detection alarm logs, maintenance and RD records of appropriate ® ❑ ❑ ❑ ❑ ❑ None ❑ follow -up actions Yes maintained - 23 CCR 16 2632, 2634, 2712(b) Maintenance /Tests 2010008 Monitoring, maintenance, repairs, linings, and RD upgrade records ® ❑ ❑ ❑ ❑ ❑ None ❑ maintained for the proper Yes time period - 23 CCR 16 2712(b) Documentation 2030033 Failure to maintain on site an approved monitoring ® ❑ ❑ ❑ ❑ ❑ None plan - 23 CCR 16 2632, 2634, 2711, 2712(1) 2030037 Written agreement between the tank owner and tank operator to monitor the tank system ® ❑ ❑ ❑ ❑ ❑ None is maintained - 23 CCR 16 2620(b); HSC 6.7 25284(a)L3) 2030061 Suspected or actual unauthorized release RD reported in appropriate ® ❑ ❑ ❑ ❑ ❑ None ❑ time frame - HSC 6.7 Yes 29294, 29295 General Operating Requirements Permit Condition /Approval 2030039 Compliance with all operating permit ® ❑ ❑ ❑ ❑ ❑ None conditions - 23 CCR 16 2712, HSC 6.7 25299 2030059 UST system maintained in accordance with exclusion /exemption Z ❑ ❑ ❑ ❑ ❑ None status - HSC 6.7 25281.6, 25283.5 2030014 Owner /Operator received approval and has implemented a training ® © ❑ ❑ ❑ ❑ None program at an unstaffed facility - 23 CCR 16 2715 (0(2 2030015 Facility exhibited that the method used to monitor the tank meets the monitoring methods in ® ❑ ❑ ❑ ❑ ❑ None 2643(f) - 23 CCR 16 2643 Underground Storage Tank Program - DW Inspection Report v 2.0 Violation Program Requirement ° o SOC Comments No Q o O a as 073 z O z M U W �> Red Tag 2030045 Red Tag information is legible and has not been ❑ ❑ N ❑ ❑ ❑ None tampered with - 23 CCR 16 2717.1 g) 2030044 Facility did not allow for deposit of petroleum into a UST that has a red tag ❑ ❑ N ❑ ❑ ❑ None affixed to the fill - 23 CCR 16 2717.1(0 Install /Repair 2060024 UST system is made of or lined with materials that are compatible with the ® ❑ ❑ ❑ ❑ ❑ None substance stored - 23 CCR 16 2631.1 2060021 Striker plate installed and positioned correctly - 23 ❑ ❑ N ❑ ❑ ❑ None CCR 16 2631(c), 2662 d ❑ There were no violations noted for this inspection. SThis report shall serve as a "NOTICE TO COMPLY" for Minor Violations, and a "NOTICE OF VIOLATION" for Major violations. You are, hereby, ordered to correct the above noted violations within 30 days, or according to correction summaries provided. Formal enforcement and/or penalty assessment may be initiated for any violations noted, and for those not corrected in a timely manner. (NOTE: If this is a preliminary report, a final report will follow.) Operator Name: tZ:J �- -ri A) 1E'E=s'- - Title: &.2 i cel . Date: ICC# Inspectors Signature: --'� Date: Inspector: Enter # of Violations: RD: Z RP: C) Check one box for facility Significant Operational Status (SOC) to be reported to SWRCB and US EPA: ❑ SOC with both Release Detection and Release Detection (Facility has no Release Prevention and no Release Prevention Violations) ❑ Not in SOC (Facility has both Release Prevention and Release Detection Violations) ❑SOC with Release Detection only (Facility has no Release Detection violations but one or more Release Prevention violations) N SOC with Release Prevention only (Facility has no Release Prevention violations but one or more Release Detection violations) Underground Storage Tank Program - DW Inspection Report v 2.0 CLASS II AND CLASS I VIOLATIONS Owner /O eraton q .. Facility: w : Add ress :, �a.�✓'° " Notice Of Violation: Class H and /or ZIass�l olations were found during this inspection as . noted in the following Summary of Violations. VIOLATION .The violations indicated in this inspection report `must be corrected within 3o days ,. unless OF, VIOLATION otherwise noted. Formal enforcement will be initiated for all Class I Violations; and for any Class II violations not t f a� i.f t{_)_�, `` j ` 1 v; A L: '. 1 i '~ i., p C.` t l f �. > ~,'; corrected within the required timeframe. This report does not represent that there are no other Violations at this facility. A re- inspection may occur to determine compliance status. SUMMARY OF VIOLATIONS REQUIREMENT FOR CORRECTION DATE FOR- Item' # VIOLATION OF, VIOLATION CORRECTION -r r :, r•' .- .- "° ,"^i t f a� i.f t{_)_�, `` j ` 1 v; A L: '. 1 i '~ i., p C.` t l f �. > ~,'; 4 tCi ! s. ` r=" i i. < (e J f �' }V .;o ~r�A) e,!` 5 a ! . 1 6" � ., Z. A •�" d G tf%r4't �.6 { 6M 18'"38' i"di.ls 4!r a +e } "T6Z' .'e Y C.t. ivV n'a f9�t« .� V"% P i Z- 4 t 01 • ;r e1I a' 4� � AA )wI `l t C i " 8d4 9uL•hy ^i C °ir.0 ce' :%ft �G �f. "L.� /i' Of— 1 r`�ay y :.„.✓.r' :- 1(l L<, 9 +w - i A44 /""r�.. ' I -'L/ ... py :1 W'4�,.'+J 0't ,�"� .r — � "-, @�"a^N e-, L,A1 ,,: • f°` C.. Sri Inspectors Received by:'i' Signature: nature: Phone: :(,� � .:• Print Date:' _ Date:%'"` KPSaaaa7 ' White — Business Copy Yellow - Business Copy to be sent in after Return -to- Compliance Pink - Prevention Services Copy FACILITY NAME yr ^� i INSPECTION DATE INSPECTION TIME ADDRESS PHONE NO. NO.OF EMPLOYEES FACILITY' CONTACT BUSINESS ID NUMBER Consent to Inspect NameThfil roam t t r, �., X' r r..,, t .r .rrr` ,� r .? i'"k Jn,U >.,,' .3.�N•" 7 '4`` eF': ''kir, tF,,:,a.Ys R.6v.. ,... as "t " ,4•, :. ... ..n ' � .r. .k +,;�,. r, � w ` �r „k . �+ ✓ 4'�.: .n'' � fi .d v.. £Wi ,..rk4c. H « d �,,:','. s;t. , .,w a ': ,r.. «„.,.. iu. .E. r• x ,. 4� W} .. ,fir.. ,.: ,.. c,. . x ,.. >:. �., s z - sr -. ,.., ib., ,.,,.,. ✓ �h n eC ..,. � r. .. ..: .. L.. +,.,, ... ,a`E .r•.,�y, 3 ,� c.. `:' ' .. : <. -frC', S i 4 .rY r x.. s:i. .� ...,r „"�.. .. 5 'S .. r. E ... �. x. r i n.., .... ., , � ,✓', k u F-1 ROUTINE El COMBINED ❑ JOINT AGENCY ❑ . MULTI - AGENCY ❑` - COMPLAINT_ ❑ RE- INSPECTION C V C C= Compliance OPERATION COMMENTS V= Violation ❑ APPROPRIATE PERMIT ON HAND (BM C: 15.65.0$0) xET” El Business PLAN CONTACT INFORMATION ACCURATE (CCR: 2729.1) �] ❑ VISIBLE ADDRESS (CFC: 505.1, BMC:15.52.020) ❑ CORRECT OCCUPANCY (CBC: 401) !�❑ VERIFICATION OF INVENTORY MATERIALS (CCR: 2729.3) ❑ VERIFICATION OF QUANTITIES (CCR: 2729.4) [ ❑ VERIFICATION OF LOCATION (CCR: 2729.2) Lei ❑ 1 PROPER SEGREGATION OF MATERIAL (CFC: 2704.1) �^❑ VERIFICATION OF MSDS AVAILABILITY (CCR: 2729.2(3)(b)), t, ❑ VERIFICATION OF HAZ MAT TRAINING (CCR: 2732) ,ID"! ❑ VERIFICATION OF ABATEMENT SUPPLIES & PROCEDURES (CCR: 2731(c)) E-1. EMERGENCY PROCEDURES ADEQUATE (CCR: 2731) J ❑ CONTAINERS PROPERLY LABELED (CCR: 66262.34(fl, CFC: 2703.5) HOUSEKEEPING (CFC: 304.1) 0' ❑ FIRE PROTECTION (CFC: 903 & 906)' ❑ SITE DIAGRAM ADEQUATE & ON HAND (CCR: 2729.2) ANY HAZARDOUS WASTE ON SITE? ❑ YES ❑ NO S>�nature of "Receipt Explain: POST INSPECTION INSTRUCTIONS: Correct the violation.(s) noted above by Signature (that all violations Have been corrected as noted) ........... --------- BAKERSFIELD .FIRE DEPARTMENT FIRE PREVENTION INSPECTION ` Prevention Services B E R F 1' L D F/RE 2101.. H Street ARTM T Bakersfield, CA 93301 Phone;: 661 - :3.26 -3979 • Fax: 661 -852= :21.71 DISTRICT BLOCK NO, DATE, 7f w <.. EE FACILITY ADDRESS y ...�., r ''h `„�- � ' L. 'i lih� ��;... i''./'i ,"G4 .% rw„ } CITY, STATE, ZIP 'a �"r""'i�Ii;:. '.;.`., "'. +. N�� fwd a';' !',.•.f .� T .�. FACILITY NAME MANAGER'S NAME PH NO, BUSINESS OWN'ER'S NAME AND ADDRESS, CITY, STATE, ZIP PH -NO. BILL TO: (IF DIFFERENT FROM ABOVE) NAME, ADDRESS CITY, STATE, ZIP,. PH NO: .. OCC TYPE OCC LOAD NO�,OF'FL'OORS HIGH RISE BLDG RISER DATE' 0 YES 1- NO CORRECT ALL VIOLATIONS VIOLATION REQUIREMENTS . CHECKED BELOW NO. 1 Remove and safely dispose of all hazardous refuse and. dry vegetation on the above premises (CFC COMBUSTIBLE WASTE / DRY 304.1.1) VEGETATION 2 .t . Provide non - combustible containers with tight fitting lids for the, storage.of com.b`ustible,,waste arid, rubbish pending its safe disposal. (CFC 30,4.3:2) Note: applies to containers over 40 `galidns. COMBUSTIBLE STORAGE 3 Relocate combustible storage to provide at Feast 3 feet clearance around motor fuse b6x /fire_d6or:(CF0 605-3) 4 Relocate fire extinguisher(s) so that they will be in a conspicuous Ioca.tion, hanging on brackets with.the top to the extinguisher -not more than 5 feet above the floor. (CFC .9.06.5 &`906..9) 5 Provide and install (amount) -__ -- approved. (type & size) -- _-- - -_ -__ ___ porta;b•ie fire EXTINGUISHERS extinguisher to be immediately accessible for use in (area).- __�_ _____ __ ___ ___ _ __�___ (CFC TABLE 906.3(1)) 6 -Re= charge all fire ext.i,nguishers - Fire extinguishers. shall be serviced at least once &a. ch year, and. /or after each use, by a person ,having a valid license or certificate. (CFC 906.2) -7 Provide and maintain EXIT sign'(s), with letters 6 or more inches in heig.ht over each required,exit SIGNS (door /window) to fire escape. (CFC 1011) Provide and maintain appropriate numbers on a contrasting background and visible from the street to. $ indicate the correct address of the building.. (CFC '50`5.1) 9 Repair all cracks /holes /openin s in plaster in lo. cation) ------------------------------ - - - - - - -- FIRE DOORS Plastering shall return th•e surface to-.ts original fire resistive.condition. ' (CFC. 703::1) . 9 FIRE SEPARATIONS 10 Remove /repair (item & . I o c a t i o n) --------------------------- ---- -- -- •------ - - - - -- ---- - ---__ Self-closing doors shall, be designed to close by'gravity,.o'r by the.action of a- mechanical device, or by an approved smoke and heat sensitive device., . Self- closing doors shall,ha,ve no attachments capable of preventing the operation of the. closing. device.. (CFC 703.2) 11 Remove all obstruction from hallways. Maintain all means,of egress free 'of' any. storage..., (GFC 10 8.3) EXITS 1z Provide a contrasting colored and permanently installed electric light over or near:requi.red exit .. _ to Ilearl. indicate it as an ex•i.t.. CFC 1:006,3 (location) ------ - - - - -= . > -__- y • (. ) Remove all storage and /or - other obstructions from fire escape'.landings and sta'ir.w.ays stair':shafts.. (:ire' STORAGE 13 escapes /stair shafts are to be maintained free-from; obstructions at all times.,) (CFC 1003.6)' - Extension cords shall not be used in lieu of permanent approved wiring. .Install a.dditi.onal approved ELECTRICAL APPLIANCES 14 electrical outlets. where needed. (CFC 605:5) 15 Remove multiple -attachment cords from specific .,electric.aI convenience.: out. let (o.ne plug per outlet) (CFC 605.4) OUTDOOR BURNING 16 Recreational fires or o :en burning. CFC•3074 FIREWORKS' 17 Violations of Section (CFC 5608.1) & 8.44' 040..(B.M.C.): OTHER$ r' CORRECTION DATE Correct the violations noted above .by: . „ LEGEND: '. C.F.C. CALIFORNIA FIRE':COD.E C.B.C: CALIFORNIA BUILDING CODE _y • .r_ „__ ..,._. CUSTOMER:” B.M.C. BAKERSFIELD MU:NICIPA[. CODE (Signature) (Please Print Name Legibly, Title) N.F.P.A. NATIONAL FIRE PROTECTION. , f, _ -- _ :J ✓ _ AIf1 tr ' r " i C ASSOCIATION N'_F•C:_ NATTONOL ELECTRIC CCIDE. Owner /0 erator: Facility :: --, Address: - :, r -7 -' te,= rz ell rnnRneDV ng: VInI KPS #8447. White — Business Copy Yellow - Business Copy to be sent in after Return -to- Compliance Pink Prevention Serviees Copy Notice Of Violation: Class H and /or Class l Violafi "ons were found during this inspection as noted in the following Summary of Vio a Ions. The violations indicated in this inspection report must be corrected within 30 days; unless otherwise noted. Format enforcement will be,,, initiated for all Class I- Violations, and for any Class I I Violations' not -. corrected within the required timefram,e. This` report does`not represent that there are`'no other ' violations at this facility.` A re- inspection may occur to determine compliance status. ell rnnRneDV ng: VInI KPS #8447. White — Business Copy Yellow - Business Copy to be sent in after Return -to- Compliance Pink Prevention Serviees Copy