Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
[Untitled]
ST iris OF CALIFORNIA CITY OF BAAL-RSFIELD CERTIF�E!D- UMIFF-i'F-D PROGRAiM AGENCY In the Matter of. COSTCO WHOLESALE CORPORAT�,ON A Cal#ornia Corporation # 0150` 90-' Respondent TO THE ABOVE RESPONDENT: Dockat No.: 2013-2 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 Cii'lly of Bakersfield Certified Unified Program Agency (CUPA). Unless a written request for a hearing signed by you ®r on your behalf is delivered or mailed to the CUPA,,MWn 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 rude by delivering or mailing one copy of the enclosed form entitled "Notice of Defense J7 or by delivering or mailing a Notice of Defense as provided in Section 1111 506 of the Government Code to: 'Mir. Joshua Rudnick Deputy City Attorney City Attorney's Office City of Bakersfield 1600 Truxtun Avenue 4 Floor Bcakersfielld, California 93301 Telephone: (661) 326-3721 The enclosed Notice of Defenses if signed aild fi!ed with the CUPA, is 6,-2,,erned a specillic d n]a',� of all parts of thhe Order, !Diiut, you, wi!�! not be permitted to raise any objection to the form of the Order urfless you file a further Notice of Defense as provided in Section11506 of the Government Code ',,ivithin fifteen (15) days after service of the Order upon yoiu. If you file a Notice of Defense wit-hin 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 m;.;,y be postponed for good cause. If you have good cause, you must notify the CUPA within ten (10) working days aftar you discover the good cause. Failure to notify the CUPA within ten f10) working days vviU deprive you of a postponern, em. Copies of Government Code Sections 11507.5, 11507.6 and 11507.7 are attached. If you desire the narnes and addresses of witnesses or an opportunity to inspect and copy items in possession, custody or controi of the CUPA, you may contact: Mr. Joshua Rudnick Deputy City Attorney City Attonney's Office City of Bakersfield 1600 Tru,,,,.,Lu.n Avenue 4th Floor Bakersfield, California 93301 Telephone: (661) 326-3721 Whether or not you have -a hearing, yoiu may confer informally with the CUPA to discuss the allieged facts, determinatibns, clorrective 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. 9 You rnay, but are not req�,ins-d, �c be represeir,,ted by counsel at any or all stages S � U! these proCeedings. INFORMAL CONFERENCE if you vvish to discuss this matter vy]"'Ch, the CUPA, an WfOrma! Crcn',Ference has been schedufled for, Date: Wednesday January 23, 2013 Time: 11 0: 00 A M, Location: Bakersfi&'d Fire Department Prevention Services Division City or Bakersfield 2101 H Street Bakersfield, California 93301 (661) 326-3979 You may inform the CUPA at the conl,'sren�ce whether you %,Ajish to pursue a formal hearing or waive your right to a flormaP,l hearing, as explained below. FOR,NmiAL HEAR G RIGHTS YOU MUST PILE A WR�TTEI%jf' REQUEST FOR A HEARING TVITH�N FiFTEEN (15) DAYS OF YOU WISH TO HAVE A FLORMIAL HEARdNG. 3 STATE OF CALIFORNIA CITY OF BAKEERSFIELD CERTIFIED UN119clEED PROGRAM AGENCY In thelMaitter of: Docket No.: 2013-2 COST('VO WHOLESALE CORPORATION I ENFORCEMENT ORDER A CALIFORNIA CORPORATION# C1587907? Health and Safety Code Section � 2 51877 Respondent. INTRODUCTION 1. Parties. The Office of Prevention SeM,ces for the City of Bakersfield Fire Department, a Certified Unified Program Agency (CUPA) authorized by the Secretanj 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 COSTCO WHOLESALE number 688, doing business in the City of Bakersfield. 1.2. Owner I Operator. Respondent owns and operates this business at 3800 Rosedale Highway in Bakersfield, California 93308. 1.3 Generator. The Respondent generated the following hazardous wastes: Silver and/or silver compounds, an organic persistent and bioaccumulative toxic hazardous waste pursuant to title 22 of the California Code of Regulations (CCR), section 66261.24 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. DETERMATiON OF VIOLATIONS 1 2. The BUPA hereby determines that Respondent violated: 2.1 The Hazardous Waste Control Law, California* Health and Safety Code section 25113(l), to wit: The dischar e, deposit iniection, dumping, spilling, leaking or placing of anv waste so that that the waste or anv constituent of the waste 1 is or may be emitted into the air or discharged into or on any land or waters, r including groundwater, or may otherwise enter the en vironment. 2.2 For the sarnpling period October '31 to Novernber 1, 2012, this facility exceeds the hazwrdcuis waste flmit of 5 irng/L for silver and/or silver cc mpounds. The result of wastewater sam �pl',,.,'ng ev&nts, vJar sent to you in a slepalratre N-Jotice oiF Violartiion daKed December 21, 2012. SCHEDULE FORC"OMPLIANCE 3. Based on the forgoing DETERMINATION OF VIOLATbNS, IT IS, HEREBY t ORDERED THAT: 3.1 The Respondent shaill', make calfrangements to properly comply with the requirements of the December 21, 2012 . NotiCe o,,'r Violation issued by the Waste�vater Division of the Bakersfield Public Fork=s Departtment. 3.2 Submittals. A copy of the required documentation designed to demonstrate full compliance with both this Enforcement Order and t.he December 21, 2012 Notice of Violation, shall be forwarded within fifteen (1 5) 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 BakersfiileId, California 933,01 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, I 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: 0 a. Modify the docurrien'. as deemed necessary and approve the docurnent as modified, or b. Return the document to Respondent �j�jith recommended changes and a date, by which Respondent, with recornnnended chaniges and a date by which Respondent must subrnitto the CUPA a revised docunnent incorporating the recommended changes. 3.5 Comoliance 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 Mriplernentatrion. In the event that the CUPA determines that any circurnsta'nces or activity (whether or not pursued in compliance with 'this Order) are creating an imminent or substantial endangerment to the health or we'�fare of people on the site or in the surrounding area or to the environmem, the CUPA may order rRespondent 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 or"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 othemr than those violations alleged in section 2 of this order. Notwithstanding compliance with L'-he terms of this Order, Respondent may be required to take further actions as C-IrE,' necessanj 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 Respond i ent'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. AN such data, reports, and other documents shall be preserved by Respondent for a minimum of three years after the conciusion of all 3 P E NA LTY 4. '1' he CUPA assesses a Penalty o.1' four tho� rsand ($ 4,0 0). Paflr�nen-L'- of the Total penalty of four thousand ($ 4,00,G) is dua ,d,,jitlrhiln thirty (30.) days from the eflciectjve date of the Order. Respondannt's dhedr sh:ali be madle payable to the City of Bakersfield, Certified Uniflied Program Agency and shail!i identify the Respondent and t'he Docket Nunnber, as shovin in the heading of this, ccase. Respondent sha'fl deliver the penalty payment to: Ms. Toni Crosby Business Manager City of Bakersfield Fire Department 2 101 H Street- aker field, Cafifornil'a 93301 A photocopy of tine check shall be sent to, Mr. Ho%��ard H. Wines, Ill PG 7239 Direc,tror of"Prevention Services 2101 H Street� Bat`N.ersfield, CafiFornia 93301 5. 1,-his Order is final and efl'ractive upon exeecution by the City and Respondent. 6. '"Days" for purposes of thgs Order �^jilears calendar days. Date of Issuance: January 4, 2013 Mr. Howard H. Wines III PG 7239 Director ®f Preventi ®n Services City of Bakersfield COSTCO WHOLESALE Typed or Printed Name of Respondent's Representative cc: Mr. Joshua Rudnick Deputy City Attorney 5 D at e Date (14 2013 -02 -04 14:40 425 313 8114 CCW=0. -WHOLEMIF 999 Lake Drive Issaquah, WA 98627 DATE: February 4, 2013 TO *+ Howard H. Wines, III Director of Prevention Services City of Bakersfield FAX; (661 ) 852 -2170 FROM: FAX: RE: Laura Wai Costco Wholesale, Legal Department (428) 313 -2653 Order on Consent Agreement 425 313 8114 >> Fax Server P 1/15 NO. OF PAGE2S BEING SENT. (including this cover sheet) NO HARD COPY WILL BE BENT, FAX TRANSMISSION ONLY ORIGINAL TO BE ,SENT BY: i - Overnight Delivery Interoffice Mail Tho information contained In this faaimile transmission Is prtivilogod and confidential, intended only for use of the porson(s) so iden#fied alp ova or its 4igont if the reader of this cover pogo is not the intGndod recipient or its agont, you ara huroby natitied that any disseminadon, distribution or copying of this communication orthe informatfan cont+ed herein is strictly prohibited. If you have recoivod this communication in error, plouso immediately notify us by telephone, and rotum this facsimile to us at the address abovo via the U.S. Postal scrwico. Thank you, 2013-02-04 14:40 425 313 8114 IL 0 425 313 8114 >> Fax Server P 2/15 Writer's Mect Nurrber: Fax: MA EAK (6,01&52-21170 AN 0 U P-S-EX R R E S S Howard H. Wines, III Director of Prevention Services City of Bakersfield 2101 "H" Street Bakersfield, CA 93301 February 4, 2013 Re; Order on Consent Agreement Dear N&. Wines: Thank you for meeting with us last week to discuss the Enforcement Order connection with the Notice of Violation dated December 21, 2012, issued to our Costco E warehouse. Enclosed please find a copy of the fully executed Order on Consent Agreement a copy of the check issued to the City of Bakersfield and a copy of the letter documenting c( with the Order. If you require additional information to demonstrate compliance in accordant terms of the (:order, please advise. 427-7016 $13-8114 issued in ("Order"), )mpliance e with the As we mentioned in our meeting last week, Costco welcomes the opportunity to work with the Office of Prevention Services for the City of Bakersfield Fire Department to answer questions about our environmental compliance programs in California. Please feel free to contact our6irector of Environmental Compliance, Glenda Tuttle, with any questions or concerns. Her business card is enclosed for your reference. I Very truly yours. CO-qTCO WHOLESALE d2 l'iann Buron c) orporate Counsel CC: Glenda Tuttle, Director of Environmental Compliance Glenn Hutchinson, Operations Manager Steve Bannister, Director of Photo Operations Mguel Gallardo, Environmental Compliance Officer Toni Crosby, Business Manager, Bakersfield FD 2013-02-04 14:40 425 313 8114 425 313 8114 >> Fax Server 211/2013 S:32:45 AM PAGE 2/006 STATE OF CALIFORNIA CITY OF BAKERSFIELL CERTIFIEC UNIFIED PROGRAM AGMey In the Matter of Docket No.; 20113-� F ' Fax Server Fax Server COSTCO WHOLESALE CORPORATION I ORDER ON CONSENT AGREEMENT A CALIFORNIA CORPORATION 4 C1 587907 Respondent Health and- Safety Code Section 25187 INTRODUCTI�N I NdM. The Office of Prevention Services for ft City of Sakersfield Fire Department, a Certified Unified Program Agency (CUPA) authorized by the seery of the Caftmia Environmental Protection Agency (Cal/EPA) to administer and enforce the Hazardous Substances Act In the City Of Bakersfield, issues this Order on Consent Agreement (Order) to COSTCO WHOLESALE number 688, doing bushes* in the City of Bakersfieki. 1.2. Own!Lr.._1..0RpEMX,, Respondent owns and oporsWe this business at Sabo Rosedale Highway in Beilmrdeld, California 93308. 1.3 Generg9r. The Respondent generated the following hazardous wastes: Si(ver and/or silver compounds, an organic persistent and blooccumulative toxic hazardous I waste pumuerst to title 22 of the California Code of Regulatiomi (CCR), section 66261.24 1 1.4 Jurisdiction. Section 26187 of the Health and Safety Code (HSC) awthod & -- S 1 '0 the CUPA lo, order action necewary to correct violations and assess a penalty whien the i CUPA deterrnines that any person has violated speciflad provisions of the Health and Safety Code or any perrnit, rule, regulation, standard, of requirement issued or adoptei d pursuant thereto, 0 0 T 2. 2.1 The CUPA hereby determines that Respondent violated- 01p 3115 2013 -02 -04 14:41 425 313 8114 425 313 8114 >> Fax Server P 4/15 Fax server 2/1/2413 9 :32:45 AM PAGE 31006 Fax Server in—duding QMU0dw8teE,&r may o Jherixisegnter the envirpnmea 2,2 For I* sampling period October 31 to November 1, 2012, this facility exceeds the 1 ardous waste limn *f 5 mg /L for sliver and /or silver compournd5. "tine result of wastewater sampling events, were sent to you in a separate Wical of Violation dated De mbar 21, 2012. LCHEDULE. FOR gg RLI, ANON 3. ftsed can the lbrgoing DETERMINATION OF VIOLATIONS, IT IS HEREBY ORDERED THAT: 3.1 The Respondent shall make arrangements to properly comply wfth the requirements of the December 21, 2012 htotic a of Violation issued by the Vftslzmr4ter i Division of the Bakersfield Public Woft Department, 3,2 Submittals., A copy of the required docurmn#egion designed to demonstr�te full compliance with bath fts Enforcement Order and the Pecember 21, 2012 H j of Violation, shall be forwarded within fifteen {15} days from the dote of this Order to: 11' Mr. Howarth H. U' hmj III PGA 7239 Director of PreVention Services City of Bakersfield 2101 H Street Bakersfield, Califtrnia 93301 3.3 Communications, All aWovats and decisiorts of the CUPA made regarding submittale and notifications will be communicated to Respondent in writing 0 the Director, of Prevention Services or his/her designee. No informal advice. guidance, Bugg ironsJ of Comments by the CUPA regarding reports, plans, speci€=ions, schedules, or any wrftings by the Respondent shall be consirued to relieve Respondent of The obligation to obtain such fOrmal aPPrcvals as may be required. 1 3.4 CUPA Revi" and Approval. tP the CUPA determines that the schedule, K 2013 -02 -04 14:41 425 313 8114 425 313 8114 >> Fax Server P 5115 Fax server 2/1!2013 8:32:45 AM PAGE 4/008 Fax Server or other subm ttad for approval p4, meant to tWS order fails to comply with the order or WW to protect public: heaM or saf* or the environment, 9he CUPA may: a, Modify the document as deemed neces ry and approve the document modified, or b. Return the document to Respondent with recommended changes and a by which Respondent with recommended changes and a gate by whicb Respondent submit to fheE+ CUPA a revised document irwrporating the recommended changes. 3.6 Q=Uang e with-APD11cable Laws. Respondent shall carry out this Ordeerl In compliance with all local, Mate, and federal requir+errrents, inclu4ing but not Emitad to requirements to obtain permits and tO MUM worker safety. i 3. 0 ga don arment during- ImDlemntation. In the evont that the CUPA torrriiril that any circumstances or activity (whether or not pursued in vpmpliance with this order are �I creating an immineM or substantal endangerment to the health or welfare of people orl the site of in the surrounding area or to the environment, the CUPA may order RRe ondent to stop further implementation of this Order for such period of ;gyme as needed to abate the endangerment_ Any deadline in this Order directly affected by -a Stop Work der under this section shall be extended for the term of the Stop Work Order. 3. iaL bi ft, Nothing in this Order shall constRule or be construed as a satisfactt`on or releaw from Ilatbiltly fear any conditions or clams arising as a result of past, current, ar future, operations of Respondent other than those violations alleged in sftton � of this order. Notwithstariding compliance with the terms of this Order, lReespondent naay be required to take further actions ns as are necessary to protect public health or wafte or the environment. 3.8 ,fit ,,., O-Dowmen,� Av�tle� Respondent shall permit the CUPA, and its authorized representatives to inspect and copy all sampling, testing, rnondoring, and other data generated by Respondent or on Respondents behalf in any way pertalning to w dr k un+deftken pursuant to this Order. Respondent small 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, rep+oft, and mer 3 1 2013 -02-04 14:41 425 313 8114 425 313 8114 >> Fax Server P 6/15 Fax Server 2/1/2013 9 :32.45 AM PACE 5/006 Fax Serverl documents prOpar+ed Pursuant to this Order. All such data, deports, and other doturmnts sha11 be preserved by Respondent for a minimum of three years after the conclusion 011 all activite:s under this Order. if the CUPA requests them some or all of thwe doouments be preserved fcr a longer period of time, Respondent shall either r r,piy with that request, deliver the d ments to the CUPA, or permit the CUpA t,0 copy the dv�urnents prix l to destruction. � 3.9 Gou Ua il" `es. w-... The City of Bakersfield shall not be liable for injuries or damages to persons or property resulting from aots or omissions by Respondent or related parties spsoMed in paragraph 3,15 in Carrying out activities pursuant to this 0 rdcr, nor shall the City of Bakemffel:d be held as a ply to any contract entered into 1by Respondent or its agents in scar ying out activi es pursuant to the Order. � . 10 AddRional llAww nft 6dons. By issuance of ihts Order, to CUPA does not waive the right to taker further enforcement actions. 3.11 Incorooratign gJ Mam and Repo r'ls. All plansi schedules, and reports that require GUPA approval and are submIfted by r pQndero pursuant to this der � re incorporated in this Order upon aPProval by the CUPA. 3.12 Extons on FMyeq If Respondent is unable to perform any aethrity or submit any document within the time required under this Order, the Respondent may, poor to expiration of the time, request an extension of time in writing. The extension request shall Include a justification for the delay. 3.13 !:x#_ensian 2rovais if thG CUPA determines that good cause eAsts.for Ln extension, it will grant tho request and specify in writing a new icompti2nee schedule. I 3.14 Penal t' rJNoncompliance. Failure to comply with the terms of this Order may also subject Respondent to oasts, penalties, and/or PuniWe damges for any Does incurred by the CUPA or other government agencies as a result of such failure, as providiad by HSC sec ion 25188 and other applicable provisions of law. 3.15 Rides 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 4 2013 -02 -04 14:41 Fax 5exver 425 313 8114 425 313 8114 >> Fax Server p 7115 21112013 6:32:45 AM PACE 61006 Fax Server l CUPA and any successor agency that may have responsibility for and jurisdiction over sukrst matter of this order. Pr ALTY 4. The CUPA assesses a. penalty of two thousand ($ 2t o). Payment of total penalty of two thousand ($ 2j000) is due within thirty (30) days from the effective of the Order, Respondamrs check shall be rnade payable to the City of Bakersfi ied Unified Program Agency and shall iden* the Respondent and the Do( Number, as shcwn in ft heading of this tee. Respondent shall daRver the Caen payment tai: Ms. Torsi Orosby Stisiness Manager City of Bail emfiald Fire Depadment 2101 H Street Ukersfield, California 93301 . A photocopy of tha check shall bo sent to: Mr. Howard H. Wines, III PG 7239 Director of Prevention Service 2101 H Sleet BMersfiefd, California 93301 B. This Order is final and effective upon execution by the City and Respondent. 6. "Days" for purposes of this Order means r,olendQG days, Dam of Issuance: January 23, 2013 IXI1 Mr. Hdward H. Wines III PC 7239 Date Director of Prevention ++rte City of 041kersfield 0��;4 1 �—w CO TCO W ESALE Date Typed or Printed Name of Respondent's Repm3entative cc: Mr. Joshua Rudnick Deputy City Attorney 2013-02-04 14:42 425 313 8114 425 313 8114 >> Fax Server P 8115 A�MOWLEDGMENT OF RECEIPT Without admitting the violations, I acknowledge receipt of this Enforcement i Corder, Statement to Respondent, Government Code, and two copies of the form entitled IN16tice of Defense. DATED: dig nature: '�;� Print Nww and Tide A 2013-02-04 14:42 425 313 8114 425 313 8114 >> Fax Server P 9/15 IS writer's Direct Number: (425) 427-7015 Fax., (425) 313-8114 February 4, 2013 MA UPS EXPRESS Ton! Crosby Business Wnager City of Bakersfield Fire Department 2101 "H" Street Bakersfield, CA 93301 Re; Order on Consent Agreement Docket No. 2013-2 Dear M. Crosby: Enclosed please find a copy of the executed Order On Consent Agreement for the above referenced matter and a check in the amount of $2,000.00 payable to the City of Bakersfield ; . Please feel free to contact me if you have any ad0onal questions or concerns. Very truly yours, COSTCO WHOLESALE riann Buron orporate Counsel Henry Wines Glenda Tuttle 2013-02-04 14:42 FINE2013 I 21I/2013 425 313 8114 Approval by ?uIlann auron Jn La*l DePartmerit x7015 425 313 8114 >> •,000.00 1 $0.00 Fax Server P 10/15 $2,000.00 wd I)iof** PAY'rO'TNa OROrzR . Pr * chy Ofook v n*nt .0 tie ra A M.S.-TOM RIMS 4 :04 120 38 2141: 01600 128 2EI ?iii- CHO .41.2 B-4.4 AC V W.VAQPWTeA 4W-DAYS SAIX 2013-02-04 14:42 425 313 8114 425 313 8114 >> Fax Server P 11/15 MIAMMESALE January 10, 2013 Ralph Braboy, Acting Wastewater Manager Wastewater Division Bakersfield Public Works Department 6901 McCutchen Road Bakersfield, CA 93313 Dear Mr, 8raboy, This letter responds to the Notice of Violation ("NOV"), dated December 21, 2012, issued to our Costco #688 Bakersfield Warehouse, As confirmed in your NOV, our Bakersfield Warehouse complied with the November 20.2 1'12 Cease and Desist Order on the day the order was issued. As Inspector Chang observed, the warehouse immediately reptaced the existing pretreatment silver recovery columns with now silver recovery columns. The corrective action taken by our Bakersfield Photo Department on November 20, 2012 restored the silver discharge level to comply with the silver discharge end of process limit of 5 mg/L. The NOV states that our Bakersfield Warehouse is in violation our Industrial Wastewater Discharge Permit's Standard Provisions and Reporting Requirements, Part 111.5, for failure to submit a written response within 5 days of -learning of the noncompliance, At the time of the inspection, our copy of the industrial Wastewater Discharge Permit issued to our Bakersfield Warehouse did not contain a Part 111.5 - Standard Provisions and Reporting Requirements (the "Standard Terms"), Our team in Bakersfield was therefore unaware that they were required to provide a written report explaining the circumstances surrounding the violation and also confirming the corrective actions taken to prevent recurrence, The Warehouse team believed that the silver Matter had been resolved on November 20, when the silver columns were replaced and the Inspector Chang authorized photo processing operations to resume. After receiving the NOV, we obtained a copy of the Standard Terms from your offices. We have incorporated the requirements of the Standard terms into our operating procedures for the photo department. In accordance with Part 1115 cit the Standard Terms, we provide an explanation of the circumstances surrounding the violations and confirming the corrective actions taken to prevent recurrence below. We also provide an overview of our silver recovery system. 088 Bakersfield Rasp me 1 0r4 yrtDUO13 C. We, sit 999 letAw Drivu - 4umpoll, WA 9,8(Q/ • 425131.3-8100 o w%vw.c.wjtc),r.0r11 2013-02-04 14:43 425 313 8114 425 313 8114 >> Fax Server P 12/15 Over view of Costcols Silver Recovery System Cost= uses a system of silver recovery columns to remove silver from the photo effluent before it is discharged. The effluent filters through a first column, which removes most of the silver. The effluent then filters through a second and sometimes a third COIUmn, which capture additional silver so that thasilver levels' are below 5 parts per million ("ppm") before discharge. (A third colOrrin is used when the volurne of product being processed warrants additional treatment), Costoo's monitoring and testing protocol for the silver effluent is highly sensitive and goes well beyond the testing used by Many other generators of silver waste, The sample collection, however, is performed by warehouse personnel who are not trained laboratory technicians, and the sample analysis is performed at an internal lab that is not certified to perform these analyses, This sampling is therefore performed solely for internal COMPliance assurance, and Is not intended for use in demonstrating compliance with the permit. Our goal is to identify and promptly correct any exceedance within a short period, rather than waiting for the more rigorous quarterly sampling required by the permit, The sensitivity and sophistication of the monitoring and testing protocol sometimes produces a non-representative result that suggests excessive levels in the effluent when such excessive levels are not in fact present, This happens, for example, if there is a flake of silver or a particle of sludge in the test sample. Ordinarily, flushing the line prevents this, but these non-representative spikes in the testing process can occasionally =ur. Ir addition, as explained in the test results, we provided, non-representative rest alts oan also occur when there are recording errors (i.e., where test results from column 1 are inadvertently recorded as test results for column 3). To identify test exceedances, which are due to non- representative spikes from inadequate flushing or due to colUrrin test results being incorrectly recorded, silver columns are replaced only after the consecutive week's re-testing confirms an exceedance. Furthermore, Since Our test samples are taken at the end of filtering, they have higher silver concentrations than would test samples taken at the end of pipe. The effluent is tested at end of filtering to ensure that it does not exceed the discharge . limit even though the discharge will be further diluted at end of pipe. We view the weekly testing of the silver effluent as one method to ensure that the silver discharge limit will not be exceeded and to ensure maximum efficiencies of our silver recovery system. In addition to the weekly testing of the silver effluent, Costco also tracks the volume of photo processing to determine whether a third or fourth column should be added to ensure that the discharge limit is not exceeded. 688 Bakcr,%firld Response 2 of 4 1110/2013 C, West 999 Dri've. - hscrqljoll, WA 98021 • 42. 11313-9100 & wmv.ry ft1rj-oxw 2013-02-04 14:43 425 313 8114 425 313 8114 >> Fax Server P 13/15 Silver Logs Sept. 24— Dec. 14, 20121 Explanation of Circumstances of Violation Once our Quality Assurance Lab determines that the silver test results, confirm that an exceedance has occurred, the Lab notifies the respective location that a column needs to be changed out to meet the silver discharge limit set by the [ocal jurisdiction and to ensure maximum efficiencies of our silver recovery systel-n. As requested, attached are the test results for the period September 24 to December 14, X012. Four of the weekly test results indicate silver levels in excess of 5 PPM. The exceedance recorded for 10122/12, was a non-representative test. We have confirmed that this result was due to a non-re►resentative spike in the testing Process and does not indicate that effluent was discharged with silver levels exceeding the 5 pprn regulatory standard. This conclusion was reached by examining the test result obtained from sampling the same columns in the preceding and succeeding weeks. In both the preceding week, 10117112 and succeeding week, 10/30/12, the test results were substantially below the discharge limit. The exceedence recorded for 11106112, was viewed as a non•representative spike. because it was almost twenty times higher than the preceding week. On 11/12112, the test results also showed an exceedance; however, our QA Lab concluded that the first column had been sampled twice because the values reported for COIUMns one and two were essentially the same. Ordinarily the results for the second C01UMn would be notably lower than the results for the first. The QA Lab therefore decided to wait and examine the succeeding week's test results, On 11/20112, when the test results also identified an exceedance, the QA Lab instructed the Bakersfield Photo Dept. to change out the columns and a third column was added for additional assurance. In addition to changing out the columns on November 2►, 2012, the following changes in Costco's protocols for silver effluent monitoring/testing have been implemented to ensure that silver discharge exceedances do not occur., Corrective Actions: ■ All Photo employees have been retrained in silver effluent testing and protocols at Costco's Bakersfield Warehouse to ensure valid test samples. ■ A third silver recovery column has been added to the Bakersfield Photo processing system to ensure that the silver discharge limit is not exceeded when processing demand Is high, 688 Bakorsfield Rosponse 3014 1/10120•13 C. wost 999 Lakc Drivo • Isseiquali, WA 90027 -* 42-5/�2 3-8)00 # wkyw cosico.corti 2013-02-04 14:43 425 313 8114 425 313 8114 >> Fax Server P 14/15 MIVOLESWE ■ Silver testing Was conducted for three consecutive weeks following the October 31 — November I test exceedence, These test results were analyzed by a certified lab, Hallmark Refining. The test results confirm that the silver discharge levels were below the 5 ppm discharge limit. Copies of those test results were provided to Inspector Chang, I would be pleased to answer any questions you may have. PleaR* call me at (425) 427-3874 if I may be of assistance, 44. Regards, Cathy West Environmental & OSHA Compliance Manager - US Costco Wholesale Corporation CC: Eric Tallman, Warehouse Manager COMO Wholesale Bakersfield Warehouse Debbie Sarter, OPeratiOns Admin Manager LO-S Angeles Region, Costco Wholesale Corporation Glenda Tuttle, Director of Environmental Compliance — California Costoo, Wholesale Corporation Lisa Simpson, Licensing Supervisor Costco Wholesale Corporation 888 R7kersfi"Id Response '; 014 111012013 (-, Wesi 9VP Loko., Dro v& * h vqvah, WA 96027 0 42.11.713-8100 cvoco. com 2013-02-04 14:44 425 313 8114 425 313 8114 >> Fax Server P 15/15 'R 171 0 rA r ra 413 C3 40 IV- cc V4 r4, Cb, 73 CR r- N 0 Q M cm M fN hl frJ to E I • — "4 Lu F-4 1-4 Z. rw X CD 0 CD z 0 0 E EV 0 OO cri CD zr cn C"D L rR S 10 11 0 1 CD ,00M CD :3 X* CD 0 G) C0 3 00 = a CD CD = "a a 0 2: 0 co (D 0 3 0 (D M = 0 CD oo�mo-0 n 0 * 8 o 0 = CD CD 0 CL < CD C0 3 "a 3: ;U Z CD 0 CD CD < CD CD CL U) 0 CD CL co 0 x 0 CD —1 -n 0-11010 cn CD < CD 2013-01-17 16:34 425 313 8114 425 313 8114 >> Fax Server P 1/1 1401111who SAPAMECALE Writer's Orect Nun-bar, (425) 416.2707 Fax,, (425) 313-8114 January 17, 2013 MA FAX (6611852--2170 Howard H. Wines, III Bakersfield Fire Department 2101 "H" Street Bakersfield, CA 93301 Re: Costco Wholesale Corporation Docket No.: 2013-2 Dear Nt. Wines: Please let this confirm our ;attendance at the conference scheduled on Wednesday, January 23, 2013, at 10#00am. In attendance from Costco Wholesale will be myself, Operations Manager Glen Hutohinson, 0irector of Photo Operations Steve Bannister, Environmental Compliance Officer Miguel Gallardo, and Wrk Osborn of Hallmark Refining. We look forward to meeting with you in person and discussing this matter further, Very truly yours, COSTCO WHOLESALE J) ann Buron Corporate Counsel Douglas R. Greener Fire Chief I Deputy Chief Tyler HarUey Operations/Training/Arson 661-326-3655 Deputy Chief Tni Lynch Fire Safety/Prevention Services 661-326-3652 2101 "H" Street Bake rsfiv Id, CA 93301 (66 1) 326-3911 (661) 852-2170 (-fax) HOWARD H. WMES-y III DIRECTOR PREVENTION SERVECES 2101 "H" Street Bakersfield, CA 93301 VOICE (661) 326-3979 FAX: (661) 852-2171 January 4, 2 013 Ms. Lisa Simpson Licensing Supervisor P.O. Box ' ) 5005 Seattle, WA. 98124-3405 Certified Mail RE: COST%r.'O WHOLESALE CORPORATION Docket No: 2013-2 Dear; Ms. Simpson Enclosed is an Enforcement Order concerning violations of251 13 (1) of the California Health arid Safety Code for Costco 688 in Bakersfield, California. Your facility was found to exceed the hazardous waste limit of 5 mg/L 16101- silver and/or silver compounds. You are invited to attend an informal conference at 10:00 am on Wednesday January 23, 2013 at 2101 H Street. If you have any questions, please 'feel free to call. Sincerely, 1. 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 "Se=vinq the Community fo= mo=e than a Century" Statement to Respondent, Government Code, and two copies of the form entitled Notice of Defense. H= Print Name and Title XI t tSTATE OF CAUFORNI�A kf-'/IffY OF BAKERSFIELD GERTIFiED UN�iFIED PROD AIM AGENCY In the Matter of: COST CO WHOLESALE CORPORATION A California Corporation # 0153790 Respondent. Docket No.: 2013-2 NOTiCE OF DEFENSE Health and Safety Code Section 25187 1, the undersigned Respondent, acknowledge receipt of a copy of the Enforcement Order, Statement to Respondent, Government Code sections 11507.59 11507 ..6 and 11507.75 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 Ord r. -471- W10 (Signature of Respondent) Please Type or Print the Name and Mailing Address ofRespondent (Name) (Street Address) (City) (State) (zip) (Telephone Number) Gaovernment Code Section 115.07.5 The -provisions of Section 11507.6 provide the exclusive right to and method of discovery as to any proceeding governed by this chapter. Govefnn,ment Code Seetion 115507.6 After initiation of a proceeding it 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 a5 days after the service of an additional pleading, is entitled to 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 (21) 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 matte.- 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 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. Governme-Int Code Secbibn, 115'037`/ 5,017-7 (a) An-v -party claiming the party's request for discovery pursuant to Section 11507,6 has not been V co-rccrli-ed 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 crood 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. IC , ) 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. Laboratories Inc. Environmental Testing Laboratory Since 1949 City of Bakersfield Reported: 1211312012 16:31 Wastewater Division, 6901 McCutchen Project: Water Samples Bakersfield, CA 93313 Project Number: [none] Project Manager: Zac Meyer Metals Analysis BCL Sample ID: 1222504-01 Client Sample Name: 121120AC-GI,1112012012 2:28:00PM, A. Chang/M. Moore MB Lab Constituent Result Units POL MDL Method Bias Quals Run # Total Recoverable Silver 510000 ug[L 5000 650 EPA-200.7 ND AOI Run Oc Run # Method Prep Date Date/Time Analyst Instrument Dilution Batch ID I EPA-200.7 11/26/12 11/27112 12:31 JRG PE-OP2 Soo BVK1737 I is I 'INT, 84 20 ER rjrws�orq "FY o� f<'r..: P, S F iE L D The results in this report apply to the samples analj--ed in accordance with the chain of custody document. This analytical report must be repro(b4ced in its entirely. All results listed in this report are for the exclusive use of the submitting party BC Laboratories, Inc. assumes no responsibility for report alteration separation, detachment or third party interpretation 410O Atlas Court Bakersfield, CA 93308 (661) 327-4911 FAX(661)327-1918 www.bclabs.com Page 7 of 12 California Code of Regulations caflfarMa office of Home Pliast Recent Updates Search HeIP rrf l Welcome to the onflne source for the iI I California Code of Regulaflons 22 CA ADC § 66272.62 § 66272.62. Determining the Initial Penalty for Each Violation. Term 22 CCR § X66272.62 Cal. Admin. Code tit. 22, § 66272.62 Barclays Official California Code of Regulations Currentness Title 22. Social Security Division 4.5. Environmental Health Standards for the Management of Hazardous Waste Chapter 22. Enforcement, Inspections, and Informant Rewards F,Q Article 3. Assessment of Administrative Penalties § 66272.620 Determining the Initial Penalty for Each Violation. (a) The Enforcement Agency shall determine an initial penalty for each violation, considering potential harm and the extent of deviation from hazardous waste management requirements. The Enforcement Agency shall use the matrix set forth in Subsection 66272.62(d) to determine the initial penalty for each violation. (b) Potential Harm of the Violation (1) The Enforcement Agency shall consider potential harm to public health and safety and the environment when using the matrix. (2) The categories for degree of potential harm are defined as follows: (A) Major - The characteristics and /or amount of the substance involved present a major threat to human health or safety or the environment and the circumstances of the violation indicate a high potential for harm or, in the case of a violation of financial requirements, coverage is lacking or substantially below the required amount or it is certain or probable that the coverage would be absent or inadequate; (B) Moderate - The characteristics and /or amount of the substance involved do not present a major threat to human health or safety or the environment, and the circumstances of the violation do not indicate a high potential for harm or, in the case of a violation of financial requirements, coverage is significantly below the required amount or it is possible that the coverage would be absent or inadequate; (C) Minimal - The threat presented by the characteristics and the amount of the substance or by the circumstances of the violation are low or, in the case of a violation of financial requirements, coverage is slightly below the required amount or it is unlikely that the coverage would be absent or inadequate. (3) In determining the degree of potential harm, the Enforcement Agency shall consider the following factors: (A) The characteristics of the substance involved, (B) The amount of the substance involved, (C) The extent to which human life or health is threatened, (D) The extent to which animal life is threatened, (E) The extent to which the environment is threatened, and (F) The extent to which potable water supplies are threatened. httD: / /weblinks.westlaw.com/ result /default.aspx ?action = Search &cfld = l &cnt-- DOC&db= CA %2DADC &... 12/11/2012 California Code oJE Regulations the midpoints of the range. Determination of Initial Penalty Matrix (in dollars) Extent nfDeviation Potential Harm Major Moderate Minimal 25,000 28,000 15,000 Major (22,500) (17,500) (10,500) 201000 15,000 61000 20,000 15,000 61000 Moderate (17,500) (10,500) (4,000) 15,000 6,000 2,000 15,000 6,000 2,000 Minimal (10,500) (4,000) (1,000) 6,000 2,000 O Page 3 of 4 Note: Authority cited: Sections 25150 and 58012, Health and Safety Code. Reference: Sections 25187and 25189.2, Health and Safety Code; and Section 11425.50, Government Code. HISTORY 1. New section filed 7-15-97; operative 7-1-97 (Register 97, No. 29). This interim regulation is exempt from most of the procedural requirements of the Administrative Procedure Act and from review by the Office ofAdministrative Law pursuant to Government Code section 11400.20 and will expire on December 31, 1998 unless earlier terminated or replaced by, or readopted as, permanent regulations. 2. Expired by its own terms on 12-31'98 (Register 99, No. 3). 3. New section filed 1-14-99 as an emergency; operative 1-14-99 (Register 99, No. 3). A Certificate of Compliance must be transmitted toOALby 5-14-89 or emergency language will be repealed by operation of law on the following day. 4. New section ref|ed 5'10-99 as an emergency; operative 5-10-99 (Register 99, No. ZO). A Certificate of Compliance must be transmitted to OAL by 9-7-99 or emergency language will be repealed by operation of law on the following day. 5. New section refi|ed 9-7-99 as an emergency; operative 9'7-99 (Register 99, No. 37). A Certificate of Compliance must be transmitted to OAL by 1-5-2000 or emergency language will be repealed by operation of law on the following day. 6. Repealed by operation of Government Code section 11346.1(g) (Register 2000, Nn. 38). 7. New section filed 12-13-3000 as an emergency; operative 12-13-2000 (Register 2000, No. 50). ACertificate of Compliance must be transmitted to OAL by 4-12-2001 or emergency language will be repealed by operation of law on the following day. 8. Now section ref|ed 3-38-2001 as an emergency; operative 4-13-2001 (Register 2001, No. 13). A Certificate of Compliance must be transmitted to OAL by 8-13-2001 or emergency language will be repealed by operation of law on the following day. 9. Certificate of Compliance as to 3'30-2001 order, including amendment of section, transmitted to C}AL 7-19-2001 and filed 8-Z8-2OO1 (Register 2OO1, No. 35). 22CCR§86272.62,32 -*-CA ADC § 66272-4p*.-4-62 -0- This database is current through 11/30/12 Register 2012, No. 48 END OF DOCUMENT @ 2012 Thomson Reuters. No Claim to Orig. U.S. Govt. Works. http://weblinks.westlaw.comlresultldefault.aspx?action=Search&cfld=l&cnt--DOC&db=CA%2DADC&... 12/11/2012 PUBLIC 'WORKS DEPARTMENT WASTEWATER DIVISION 6901 McCUTCHEN ROAD BAKERSFIELD, CALIFORNIA 93313 (661) 326 -3249 RAUL M. ROJAS, DIRECTOR ® CITY ENGINEER December 21, 2012 VIA CERTIFIED MAIL Return Receipt Requested Ms. Lisa Simpson Licensing Supervisor Legal Department P.O. BOX 35005 Seattle, WA 98124 -3405 Re: Notice of Violation for Exceeding Permit Silver Limit and Warning for Late Reporting by Costco Wholesale #688, Inc. located at 3800 Rosedale Highway, Bakersfield, California located Dear Ms. Simpson: This notice is hereby issued based on the following: Legal Authority The following findings are made and Notice issued pursuant to the authority vested in the City Engineer of the City of Bakersfield (City), under Section 14.12.050 of the Bakersfield Municipal Code (Code). This notice is based on findings of violation of Chapter 14.12 of the City's Code and /or the Industrial Wastewater Discharge permit issued to your facility. Findings Costco Wholesale #688, Inc. (Costco #688) was found to be in violation of: • Industrial Wastewater Discharge Permit No. 3- BK -PO45 for a sample exceeding the silver discharge end of process limit of 5 mg /L. Sample Period Silver (mg /L) October 31 to November 1, 2012 43 • Until the canisters were replaced on November 20, 2012 Costco #688 exceeded its permitted silver levels for at least 20 days. • The permit's Standard Provisions and Reporting Requirements, Part 111.5 for failure to submit a written response within 5 days of learning of the noncompliance (November 20). kl' r-` PUBLIC 'WORKS DEPARTMENT WASTEWATER DIVISION 6901 McCUTCHEN ROAD BAKERSFIELD, CALIFORNIA 93313 (661) 326 -3249 RAUL M. ROJAS, DIRECTOR ® CITY ENGINEER December 21, 2012 VIA CERTIFIED MAIL Return Receipt Requested Ms. Lisa Simpson Licensing Supervisor Legal Department P.O. BOX 35005 Seattle, WA 98124 -3405 Re: Notice of Violation for Exceeding Permit Silver Limit and Warning for Late Reporting by Costco Wholesale #688, Inc. located at 3800 Rosedale Highway, Bakersfield, California located Dear Ms. Simpson: This notice is hereby issued based on the following: Legal Authority The following findings are made and Notice issued pursuant to the authority vested in the City Engineer of the City of Bakersfield (City), under Section 14.12.050 of the Bakersfield Municipal Code (Code). This notice is based on findings of violation of Chapter 14.12 of the City's Code and /or the Industrial Wastewater Discharge permit issued to your facility. Findings Costco Wholesale #688, Inc. (Costco #688) was found to be in violation of: • Industrial Wastewater Discharge Permit No. 3- BK -PO45 for a sample exceeding the silver discharge end of process limit of 5 mg /L. Sample Period Silver (mg /L) October 31 to November 1, 2012 43 • Until the canisters were replaced on November 20, 2012 Costco #688 exceeded its permitted silver levels for at least 20 days. • The permit's Standard Provisions and Reporting Requirements, Part 111.5 for failure to submit a written response within 5 days of learning of the noncompliance (November 20). r:. rf `_ This Notice shall be effective upon receipt. The requirements in this Notice must be submitted to the City by January 4, 2013 unless specified otherwise. Failure to respond will lead to progressive enforcement actions. Please see BMC 14.12.410 et seq. A Notice of Violation basic fee of $69 will be assessed. Compliance with the requirements of this Notice does not excuse prior violations nor prevent collection of penalties or damages at a later time. You may request a hearing before the City Engineer or designee. Such written request must be delivered and received by the City Clerk at 1600 Truxtun Avenue, Bakersfield, California 93301, by the close of business on the tenth (10th) calendar day after the issuance of the notice of violation. Facsimile, e -mail, or other electronic filing will not be accepted. If you have any questions regarding this matter, please contact Alice Chang at (661) 326 -3249. Very truly yours, RAUL M. ROJAS Public Works Director By �--- f Ralph Braboy Acting Wastewater Man er ac Enclosure cc: Rich Olin, Vice President / Assistant Secretary, 999 Lake Drive, Issaquah, WA 98027 Rhonda Irmen, Costco Wholesale #688, 3800 Rosedale Hwy, Bakersfield, CA 93308 Rosanne Padley, Revenue Program Supervisor, Wastewater Administration Craig Perkins, Hazardous Materials Specialist, Bakersfield Fire Department Business Search - Business Entities - Business Programs Page 1 of 1 Secretary of State Administration Elections Business Programs Political Reform Archives Registries Business Entities (BE) Business Entity Detail Online Services - Business Search - Disclosure Search - E -File Statements - Processing Times Main Page Service Options Name Availability Forms, Samples & Fees Annual /Biennial Statements Filing Tips Information Requests (certificates, copies & status reports) Service of Process FAQs Contact Information Resources - Business Resources - Tax Information - Starting A Business - International Business Relations Program Customer Alerts - Business Identity Theft - Misleading Business Solicitations Data is updated weekly and is current as of Friday, December 07, 2012. It is not a complete or certified record of the entity. Entity Name: COSTCO WHOLESALE CORPORATION Entity Number: C1587907 Date Filed: 06/05/1987 Status: ACTIVE Jurisdiction: WASHINGTON Entity Address: PO BOX 35005 Entity City, State, Zip: SEATTLE WA 98124 -3405 Agent for Service of Process: C T CORPORATION SYSTEM Agent Address: 818 W SEVENTH ST Agent City, State, Zip: LOS ANGELES CA 90017 * 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..Re.4uests. • 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. Modifll...Search. New.. Search. Printer Friendlly. Back to Search Results PrivacX Statement I Free Rocument Readers ................... ............................... Copyright © 2012 California Secretary of State http : / /kepler.sos.ca..gov /cbs.aspx 12/10/2012 Laboratories Inc. Environmental Testing Laboratory Since 1949 City of Bakersfield Reported: 11/09/2012 15:08 Wastewater Division, 6901 McCutchen Project: Waste Water Bakersfield, CA 93313 Project Number: [none] Project Manager: Zac Meyer Water Analysis (Metais) BC' L' Sample ID: 1221069 -02 Client Sample Name: 121101AC2 -C, 11/1/2012 10:45 :00AM, A. Chang, R. Keo MB Lab Constituent Result Units PQL MDL Method Bias Quals Run # The results in this report apply to the samples analyzed in accordance with the chain of custody document. This analytical report must be reproduced in its entirety. All results, listed in this report are for the exclusive use of the submitting party. BC Laboratories, Inc. assumes no responsibility for report alteration separation, detachment or third party interpretation 4100 Atlas Court Bakersfield, CA 93308 (661) 327 -4911 FAX (661) 327 -1918 www.bclabs.com Page 7 of 11 "X 0 $ A K E 1; S F t E L i7 PUBLIC WORKS DEPARTMENT WASTEWATER DIMIQN 8101 ASHE RD BAKERSFIELD. CA 93313 Phone: (661) 326..3249 Fax: (661) 852 -2125 Field Notice x �.o APN: ' 9'1 V Category: ��'P'1^[� //+�*+� ♦ }''i - 1. E a 6w .P�. i Naar As the 'owner /operator of the above referenced facility, this NOTICE is to advise you that an inspection of this facility on the date given above found the following condition(s) which require your immediate attention: "-w } °"� y .: "+r`w.• ' ;j -:,' ate..; , r s. tS' w. t 4 'F. "'..� r ,x- ;y fig* 1." i rt.... ;Pi,^ �', A * t' w S d a t u$#p gg gr yP �•� �-, df, �" •�s$. x F � €.«. Y F„ °'x f`� i m .� P � t . W:- 8" ✓'Yr e 4 ._ � � 7 a } sw Please note that in order to avoid further enforcement action, you are required to correct and for provide the items listed above on P - 1 Be advised that failure to comply with this notice may result in progressive enforcement actions. Please see BMOC 14.12.410 et seq. Received, by `'w Issued by :, 'Industrial Waste Inspector Tale �� White Copy - Used Yellow - City Fite Craig T. Perkins From: Alice Chang Sent: Wednesday, December 05, 2012 4:22 PM To: Craig T. Perkins Cc: Malcolm W. Moore Subject: RE: Henley's & Costco Attachments: Henley's Field Notice 12.04.12.pdf, Costco Field Notice 11.20.12.pdf Hi Craig, Here's Henley's field notice issued yesterday and Costco's field notice from 11/20/12. We're still waiting for Henley's official results. As for Costco, the Photo Department changed two columns when we informed its personnel of the violation on 11/20/12 so we allow discharge to continue. We took two samples -one before and one after the columns were changed. Unofficial lab results verified that prior to replacement Costco exceeded it permit limit (5 mg /L silver) for at least 20 days. We have not issued a NOV yet, but we did discuss the violation with the Photo Manager, Rhonda Irmen yesterday and took another sample to check. We do not expect a violation since a third column was added on 11/29/12, but we'll see what comes up. From: Craig T. Perkins Sent: Wednesday, December 05, 2012 11:20 AM To: Alice Chang Subject: RE: Henley's Thanks Alice. When you get a chance, please send me a copy of the lab results and we'll start an enforcement case. Also what was the outcome of Costco on Rosedale Hwy? I have a copy of the lab report but you had mentioned that you were going to talk to them about their photo processing system. Craig Perkins, Haz -Mat Specialist Bakersfield FIRE Department Office: (661) 326 -3684 Fax: (661) 852 -2171 ctperkins@bakersfieldfire.us From: Alice Chang Sent: Tuesday, December 04, 2012 4:24 PM To: Craig T. Perkins Cc: Malcolm W. Moore Subject: Henley's Hi Craig, Malcolm and I stopped by at Henley's to review its records but the photo supervisor was away on a doctor's appointment. We had another reason for the visit and that was to inform the office manager to cease and desist its silver discharge from the sewer. Henley's promptly disconnected the setup. Henley's was asked to disconnect because the unofficial results from the lab was over 700 mg /L for silver. We'll send you a copy of the field notice we issued to Henley's tomorrow. By the way, the office manager asked us to relay to you that as of today, Henley's complied with the items Fire requested to be fixed except for the permit number which it is waiting to be issued. If you have any questions, please call us tomorrow at x3249 between 7:30 -8:30. oL LaboratoriesInce Aor Environmental Testing Laboratory Since 1949 of Bakersfield Reported: 12113/2012 16:31 astewater Division, 6901 McCutchen Project: Water Samples 6akersfield, CA 93313 Project Number: [none] Project Manager: Zac Meyer Metals Analysis BCL Sample ID: 1222504-02 Client Sample Name: 121120AC-G2,1112012012 2:50-OOPM, A.Chang/M.Moore MB Lab Constituent Result Units POL MDL Method Bias Qualls Run # k1m 1 4 Total Recoverable Silver 5.9 UgfL IU Run QC Run # Method Pre e Date Date/Time Analyst Instrument Dilution Batch ID EPA-200.7 11126/12 11127112 15:32 JRG PE-OP2 1 BVKI 737 '5 E IC ESE 2 V E ID E C 2 0 2011 WASTE VVATER =11SION CiTY Or- BAKERSH'ELD The results in this report apply to the samples analyzed in accordance with the chain of custody docunient. This analytical report must be reproduced in its entirely. All results listed in this report are for the exclusive use of the submitting party BC Laboratories, Inc. assumes no responsibility for report altenation separation, detichment or third party interpretation 4100 Atlas Court Bakersfield, CA 93308 (661) 327-4911 FAX (661) 327-1918 www.bctabs.com Page 8 of 12 Writer's Direct Number: (425) 427 -7015 Fax: (425) 313 -8114 February 4, 2013 VIA FAX (661) 852 -2170 AND UPS EXPRESS Howard H. Wines, III Director of Prevention Services City of Bakersfield 2101 "H" Street Bakersfield, CA 93301 Re: Order on Consent Agreement Dear Mr. Wines: Thank you for meeting with us last week to discuss the Enforcement Order issued in connection with the Notice of Violation dated December 21, 2012, issued to our Costco Bakersfield warehouse. Enclosed please find a copy of the fully executed Order on Consent Agreement ( "Order "), a copy of the check issued to the City of Bakersfield and a copy of the letter documenting compliance with the Order. If you require additional information to demonstrate compliance in accordance with the terms of the Order, please advise. As we mentioned in our meeting last week, Costco welcomes the opportunity to work with the Office of Prevention Services for the City of Bakersfield Fire Department to answer questions about our environmental compliance programs in California. Please feel free to contact our Director of Environmental Compliance, Glenda Tuttle, with any questions or concerns. Her business card is enclosed for your reference. CC: Glenda Tuttle, Director of Environmental Compliance Glenn Hutchinson, Operations Manager Steve Bannister, Director of Photo Operations Miguel Gallardo, Environmental Compliance Officer Toni Crosby, Business Manager, Bakersfield FD Writer's Direct Number: (425) 427-7015 Fax: (425) 313-8114 February 4, 2013 VIA UPS EXPRESS Toni Crosby Business Manager City of Bakersfield Fire Department 2101 "H" Street Bakersfield, CA 93301 Re: Order on Consent Agreement Docket No. 2013-2 Dear Ms. Crosby: Enclosed please find a copy of the executed Order On Consent Agreement for the above referenced matter and a check in the amount of $2,000.00 payable to the City of Bakersfield. Please feel free to contact me if you have any additional questions or concerns. Henry Wines Glenda Tuttle ., e January 10, 2013 Ralph Braboy, Acting Wastewater Manager Wastewater Division Bakersfield Public Works Department 6901 McCutchen Road Bakersfield, CA 93313 Dear Mr. Braboy, This letter responds to the Notice of Violation ("NOV"), dated December 21, 2012, issued to our Costco #688 Bakersfield Warehouse, As confirmed in your NOV, our Bakersfield Warehouse complied with the. November 20, 2012 Cease and Desist Order on the day the order was issued. As Inspector Chang observed, the warehouse immediately replaced the existing pretreatment silver recovery columns with new silver recovery columns. The corrective action taken by our Bakersfield Photo Department on November 20, 2012 restored the silver discharge level to comply with the silver discharge end of process limit of 5 mg/L. The NOV states that our Bakersfield Warehouse is in violation our Industrial Wastewater Discharge Permit's Standard Provisions and Reporting Requirements, Part 111.5, for failure to submit a written response within 5 days of learning of the noncompliance. At the time of the inspection, our copy of the Industrial Wastewater Discharge Permit issued to our Bakersfield Warehouse did not contain a Part 111.5 - Standard Provisions and Reporting Requirements (the "Standard Terms"). Our team in Bakersfield was therefore unaware that they were required to provide a written report explaining the circumstances surrounding the violation and also confirming the corrective actions taken to prevent recurrence. The Warehouse team believed that the silver matter had been resolved on November 20, when the silver columns were replaced and the Inspector Chang authorized photo processing operations to resume. After receiving the NOV, we obtained a copy of the Standard Terms from your offices. We have incorporated the requirements of the Standard terms into our operating procedures for the photo department. In accordance with Part 111.5 of the Standard Terms, we provide an explanation of the circumstances surrounding the violations and confirming the corrective actions taken to prevent recurrence below. We also provide an overview of our silver recovery system, 688 Bakersfield Response 1 of 1110/2013 C. West 999 Lake Drive - lssaquafi, WA 98027 -- 4251313-8100 o wwwxo5tca.coni Silver Logs Sept. 24 — Dec. 14, 2012/ Explanation of.Circurnstances of Violation Once our Quality Assurance Lab determines that the silver test results confirm that an exceedance has occurred, the Lab notifies the respective location that a column needs to be changed out to meet the silver discharge limit set by the local jurisdiction and to ensure maximum efficiencies of our silver recovery system. As requested, attached are the test results for the period September 24 to December 14, 2012. Four of the weekly test results indicate silver levels in excess of 5 ppm. The exceedance recorded for 10122112, was a non-representative test. Vve have confirmed that this result was due to a non-representative spike in the testing process and does not indicate that effluent was discharged with silver levels exceeding the 5 ppm regulatory standard. This conclusion was reached by examining the test result obtained from sampling the same columns in the preceding and succeeding weeks. In both the preceding week, 10/17112 and succeeding week, 10130/12, the test results were substantially below the discharge limit. The exceedance recorded for 11106112, was viewed as a non-representative spike, because it was almost twenty times higher than the preceding week. On 11/12/12, the test results also showed an exceedance; however, our QA Lab concluded that the first column had been sampled twice because the values reported for columns one and two were essentially the same. Ordinarily the results for the second column would be notably lower than the results for the first, The QA Lab therefore decided to wait and examine the succeeding week's test results. On 11 /20112, when the test results also identified an exceedance, the QA Lab instructed the Bakersfield Photo Dept. to change out the columns and a third column was added for additional assurance. In addition to changing out the columns on November 20, 2012, the following changes in Costco's protocols for silver effluent monitoring/testing have been implemented to ensure that silver discharge exceedances do not occur* Corrective Actions: All Photo employees have been retrained in silver effluent testing and protocols at Costco's Bakersfield Warehouse to ensure valid test samples. A third silver recovery column has been added to the Bakersfield Photo processing system to ensure that the silver discharge limit is not exceeded when processing demand is high. 688 Bakersfield Response 3 of 4 111012013 C. West 999 Lake Drive o Issaquah, WA 9 8027 a 4251313-8 100 0 www.costco.com el) "57 0 E 0 0 0 0 0 0 0 0 0 > > > Ep X a-) .2� 4r > w _;t a) > 9� VT rn Ln ui (�n (7) i7i rn = Ln = tn E ui OU CU 0) (U cn -Ixl w ('N Vo fu C: a 73 0 U) O m Z- t6 w m 0 ce Q d c d C5 C' C) C) m co 0t 00 C> CL rq v r-j co t-0 rl j -i C co i CL 00 N r" h m ON C) cli C) m N r1i kD CD rq C) %0 410 C) Cl CD 0 .rPJ C) CD LCi QS h Ln Ln CD CJ ED ko ON -4 00 LM Ln cn VI k.0 rn rn It- 0 a,. cm C=) CD C) C) Ck Ad C) C) 0 .&J C14 0 (U i r1i 1-1 rN N N cn C: ci O fli C7 r�4 C7 r14 CJ rlj Ca IN C> rlj C) rN r14 9N rN M C) P4 en uj C) + 2 M Ln ui -4 -q -.1 CD 4) c'?tll�h 1.-0 -.4 1-4 C1 > to 0 00 w Z Ul Ln LU 0-0 2 rN r�J (N r4 r�J r1i (N r1l r j -j 4V1.4 r- C _ E 0 c) r1i CD r-4 c) r\j c) (N C) r1i C) r-4 rlj 1-4 1--5 -4 (A .J tll U) (14 CN CN 00 rj tlo o Do o m V14 i -I tY iY -j to el) "57