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Home My WebLink About1415 Truxtun Ave, Kern County General Services Garage AEO UPBAKERSFIELD FIRE DEPARTMENT OFFICE OF ENVIRONMENTAL SERVICES PRELIMINARY INVESTIGATION REPORT Prepared by: Kristopher Karns Fire Prevention/Environmental Officer ICC UST Inspector No. 8292402 File Name: S:\CORRESPONDENCE\2016-\Prelim Inv. Rpt KCGSG.DOC Report Date: September 14, 2016 Incident: Kern County General Services Garage UST Violations Location: 1415 Truxtun Avenue , Bakersfield, CA 93301 Incident Date: August 31, 2016 Suspect -1: Kern County Services Garage UST Owner/Operator Witnesses: Shane Gardner (BFD Inspector Prev#3), Cameron Mason (Service Technician) Narrative: On August 31st 2016 the Annual Fuel Monitoring Certification was conducted by Confidence UST Services. On this day the facility was found to be 5 ½ months past due on annual testing of leak detection equipment and was due 3/13/2016. On August 31st 2016 it was found during the SB-989 Secondary Containment Testing that the facility was almost two years past due on Triennial SB-989 Secondary Containment Testing which was due 9/21/2014. On August 31st 2016 it was found during Annual Fuel Monitoring Certification that the Annual Spill Bucket Testing was due on 3/13/2016 and was 5 ½ months late. Administrative Enforcement Action – Kern County General Services Garage Preliminary Investigation Report Page 2 Penalty Calculation Pursuant to H&SC, Chapter 6.7 Section 25299(a) and CCR Title 23, Chapter 16 On August 31st 2016 during the Annual Fuel Monitoring Certification it was discovered that there were three leak detection sensors that were intentionally programmed incorrectly to keep the system out of alarm and prohibit the leak detection sensors from properly functioning and detecting leaks. The L-1 Dual Float Hydrostatic Annular Space sensor was intentionally programmed as a Tri-State Sensor to keep it out of alarm. Once the sensor was properly programmed the monitoring system immediately went into a high liquid alarm. At this point I instructed the service technician to remove some brine solution from the Annular Space to get it down to the proper liquid level, at which point we discovered that there was no brine in the Annular, someone had intentionally filled the liquid portion of the Annular Space with water. It is very likely the Annular Space is leaking and the brine solution leaked out into the ground or into the tank itself, and rather than take the correct action to resolve the problem, someone filled and continued to fill Annular Space with water. It was also found that L-5 Discriminating sensor for the Transition Sump #3, and L-6 Discriminating sensor for the Transition Sump #4 were also intentionally programmed as Tri-State Sensors to avoid alarms and prevent the leak detection system from detecting leaks and properly functioning. In tampering and improperly programming leak detection sensors, it causes two separate violations: 1- Tampering with Leak Detection Equipment, and 2- Failure to properly program and properly operate Leak Detection Equipment. On August 31st 2016 during SB-989 Secondary Containment Testing it was found that the Diesel Vent Line appears to be single wall steel pipe underground in direct contact with the earth with no isolation or corrosion protection. UST Monitoring Plan states that UST has Sacrificial Anodes which is not the case, and is a false statement that could otherwise be a violation. On August 31st 2016 during the Annual Fuel Monitoring System Certification it was found that the methods used to monitor the UST Annular space did not meet the requirements of the Independent 3rd Party Certification. Administrative Enforcement Action – Kern County General Services Garage Preliminary Investigation Report Page 3 Violation #1: Failure to test leak detection equipment as required every 12 months. Statute: California Code of Regulations Title 23 Ch. 16 Section 2638(a), 2641(j) Penalty: $ 3500 Actual or Potential Harm: Moderate. Facility was almost 6 months past due on Annual Fuel Monitoring Certification. Extent of Deviation: Average. Facility deviated from the code requirement but leak detection system functioned to some extent. Initial Base Penalty: $ 3500 Additional Penalties: N/A. Intent (before the fact): N/A. Violation #2: Failure to test Secondary Containment systems every 36 months. Statute: California Code of Regulations Title 23 Ch. 16 Section 2636(a) Penalty: $ 4500 Administrative Enforcement Action – Kern County General Services Garage Preliminary Investigation Report Page 4 Actual or Potential Harm: Average- Facility was almost 2 years past due on Triennial Secondary Containment Testing where leaks in the secondary containment were found, and almost 6 months past due on the Annual Fuel Monitoring Certification where intentional tampering with monitoring equipment was found. If a leak did occur in a pressurized product line or in a sump it is likely there would have been contamination of soil and or groundwater. Extent of Deviation: Major- Facility deviated from the requirement to such an extent that the requirement was completely ignored. Initial Base Penalty: $ 4500 Additional Penalties: N/A. Intent (before the fact): N/A. Violation #3: Failure to test Spill Containment Bucket annually. Statute: California Health & Safety Code 6.7, Section 25284.2 Penalty: $ 3500 Actual or Potential Harm: Moderate- Facility was almost 6 months past due on Annual Spill Bucket testing, and if the Spill Bucket were to have leaked, it would have caused soil and or groundwater contamination. Administrative Enforcement Action – Kern County General Services Garage Preliminary Investigation Report Page 5 Extent of Deviation: Average- Facility deviated from code requirement but Spill Bucket functioned to some extent. Initial Base Penalty: $ 3500 Additional Penalties: N/A. Intent (before the fact): N/A. Violation #4: Tampering with Leak Detection Monitoring Equipment Statute: California Health & Safety Code 6.7 Section 25299(a)(9) Penalty: $ 5000 Actual or Potential Harm: Major- Leak Detection equipment was intentionally programmed incorrectly to keep the monitoring system out of alarm and to keep Leak Sensors from detecting leaks. Purposely filling brine filled portion of Annular Space of the Tank completely with water is proof that the owner/operator of the UST system was aware of an issue, and rather than take the appropriate actions to resolve the issue monitoring equipment was tampered with and secondary containment and primary containment structures were not properly monitored. If there was a fuel leak on the pressurized line there would have been multiple opportunities for the fuel to escape from primary and secondary containment unnoticed and had great potential for soil and or groundwater contamination. Administrative Enforcement Action – Kern County General Services Garage Preliminary Investigation Report Page 6 Extent of Deviation: Major- Facility deviated from the requirement to such an extent that the requirement was completely ignored. Initial Base Penalty: $ 5000 Additional Penalties: N/A. Intent (before the fact): N/A. Violation #5: Failure to properly program and or properly operate Leak Detection Equipment. Statute: California Code of Regulations Title 23 Ch. 16 Section 2638(a), 2641(j) Penalty: $500 0 Actual or Potential Harm: Major- Leak Detection equipment was intentionally programmed incorrectly to keep the monitoring system out of alarm and to keep Leak Sensors from detecting leaks. Purposely filling brine filled portion of Annular Space of the Tank completely with water is proof that the owner/operator of the UST system was aware of an issue, and rather than take the appropriate actions to resolve the issue monitoring equipment was tampered with and secondary containment and primary containment structures were not properly monitored. If there was a fuel leak on the pressurized line there would have been multiple opportunities for the fuel to escape from primary and secondary containment unnoticed and had great potential for soil and or groundwater contamination. Administrative Enforcement Action – Kern County General Services Garage Preliminary Investigation Report Page 7 Extent of Deviation: Major. Facility deviated from the requirement to such an extent that the requirement was completely ignored. Initial Base Penalty: $ 5000 Additional Penalties: N/A. Intent (before the fact): N/A. Violation #6: Failure to have single wall steel vent piping in direct contact with the earth installed with isolation, or corrosion protection. Statute: 2636 (b) Penalty: $3500 Actual or Potential Harm: Moderate- It appears the single wall steel vent piping in STP sump runs through the fiberglass sump with no transition from steel corrodible piping to fiberglass non corrodible piping. If this is the case and vent piping is single wall steel there is no isolation or corrosion protection. At time of inspection facility was given until September 30th 2016 to verify if this is in fact the case. If this is the case there is a great likelihood for soil and or groundwater contamination. Since this has yet to be determined a moderate fee will be associated with this violation, if it is found that they are not in violation this violation and associated fee will be removed. Extent of Deviation: Average- If facility is found to be in violation by September 30th 2016, then the act will have deviated from the requirement but the vent will have functioned to some extent. Administrative Enforcement Action – Kern County General Services Garage Preliminary Investigation Report Page 8 Initial Base Penalty: $ 3500 Additional Penalties: N/A. Intent (before the fact): N/A. Violation #7: Failure of the UST to meet the Monitoring requirements set forth by the Independent 3rd Party Certification “Failure to properly Monitor UST Annular Space.” Statute: California Code of Regulations Title 23 Ch. 16 Section 2630 (d), 2632(b) Penalty: $5000 Actual or Potential Harm: Major- This violation poses a major threat to human health and the environment. Extent of Deviation: Major- Facility deviated from the requirement to such an extent that the requirement was completely ignored . Initial Base Penalty: $ 5000 Additional Penalties: N/A. Intent (before the fact): N/A. Administrative Enforcement Action – Kern County General Services Garage Preliminary Investigation Report Page 9 Violations: 1,2,3,4,5,6, and 7 can be subject to a penalty of $5000 per day per violation. Max Penalty Violation #1: 164 Days x $5000 = $820,000 Max Penalty Violation #2: 690 Days x $5000 = $3,450,000 Max Penalty Violation #3: 164 Days x $5000 = 820,000 Max Penalty Violation #4: 360 Days x $5000 = 1,800,000 Max Penalty Violation #5: 360 Days x $5000 = 1,800,000 Max Penalty Violation #6: 360 Days x $5000 = 1,800,000 Max Penalty Violation #7: 360 Days x $5000 = 1,800,000 Max Penalty Total: $12,290,000 Total Base Penalty: $ 30000 Adjustment Factors: Cooperation and Effort: Upward adjustment of 50%, facility has a history of noncompliance over the last 5 years. Economic Benefit: N/A Ability to Pay: N/A Final Adjusted Penalty: $ 30000 x 2 = $ 60000