HomeMy WebLinkAboutCounty Of Kern Enforcementnrr-rnnu occt-%oc nCOf1C`ITIAIr_` r'U1=f -V
CnUNTY OF KERN
`'000001
P1'095350
REMITTANCE ADVICE
PURCHASE
ORDER NO.
DEPT.
CODE
DATE OF CLAIM
D E S C R I P T 10 N
-_
DISCOUNT
NET AMOUNT
1615
10 14 16
CLAIM #W16020550
1615
10 06 16
DOCKET NO: 2016 -04
1,250.00
L
i
'
\ Total Discount:
WARRANT NO.:11- 248346 VENDOR NO. - 005845 1 ](1TIl1 NET 1;25n,nn
FUND NO.: 00001 FUND NAME: GENERAL ISSUE DATE: 10 17 16
Douglas R. Greener
m Fire Chief a,
Deputy Chief Tyler Hartley
Operations/Training/Arson
661-326-3655
Deputy Chief Ross Kelly
Fire Prevention/ EMS/USAR
661-326-3652
Nre Department Headquarters
2101 H Street, Floor I
Bakersfield, CA 93301
(661) 326-3911 (main)
(661) 852-2170 (tax)
Fire Department Community
Services / Public Informbfion
2101 H Street, Floor I
Bakersfield, CA 93301
(661) 326-3688 (office)
(661) 852-2170 (fox)
Fire Prevention Division
2101 H Street, Floor 2
Bakersfield, CA 93301
(66'1) 326-3979 (main)
(66 1) 852-2171 (tax)
Fire Training Divislon
5642 Victor Street (ODFTF)
Bakersfield, CA 93308
(661) 399-4697 (Main)
(.661) 399-576.3 (fox)
Arson Division
2101 H Street, Floor 2
Bakersfield, CA 93301
(661) 326-3911 (main)
(661) 852-2172 (tax)
October 6,, 201.6
W. Bret Haney, Division Director
Kern Count y General ServiiiRM-11D 1k
in. i
1115 TruxtLm Avenue
Bakersfield,, California 93301 4"E_RN
Pe., 1.,.
Certified Mail
RE- KERN COUNTY GENTERAL SERVICES DIVISION
Consent Agreement
Docket No: 2016-04
Dear Mr. Haney,
Per our informal conference, enclosed is a Consent Agreement concerning
violations of section 25299(a) of the California Health and Safety Code for
the Underground Storage Tank (UST) located at 1415 Truxtun Avenue in
Bakersfield California. The UST -facility 'Aras found to have leak
monitoring system tanaper violations during a recent inspection.
The Consent Agreement is in response to assurances that the UST is
managed to prevent any further violations and arrangements are in effect
for its .removal and/or remedy within the current Fiscal Year. Accordingly,
the statutory penalty is :suspended in lieu of-this specific performaripe,
An. environmental justice: assessment in the amount 0 $1250 is Instead
occur:.. cl I Jil
necessarily applied per policy, as the violations occur.. 1.1in a State
designated geographical area of disadvantaged demographics.
Pt0ase rerrift the signed agreement, compliance submittals, and
i �
environmental justice assessment amount within _3 ) 0 days as stipulated.
If you have any questions, please feel. Fee 4[0 cull one at (6Q, 326-231Z_50
Sincerely,
Howard H. Wines; III PG 72339 LO
Director of Prevention Services
K
RAKE� EL".
A R u 2 01
D
17 li, `1 F RE LD FI Di
"Serving the Com-munity for Over c Century"
STATE OF CALIFORNIA
CITY OF BAKERSFIELD
CERTIFIED UNIFIED PROGRAM AGENCY
In the Matter of
COUNTY OF KERN
General Services Division
Respondent.
Docket No.: 2016-04
ORDER ON CONSENT AGREEMENT
Health and Safety Code Section
25404.1.1
INTRODUCTION
1. Pariies. The Prevention Services Division 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 Tank (UST) Program in the City of Bakersfield, issues this Order on
Consent Agreement (Order) to the County of Kern — General Services Division
(Respondent), operating in the City of Bakersfield.
1.2. Owner / Operator. Respondent owns and operates the General Services UST
facility located at 1415 Truxtun Avenue in Bakersfield, California 93301.
1.3 Jurisdiction. Section 25404.1 .1 of the Health and Safety Code (HSC)
authorizes the CUPA to order action necessary to correct violations and assess a penalty
when the CUPA determines that any person has violated specified provisions of the Health
and Safety Code or any permit, rule, regulation, standard, or requirement issued or adopted
pursuant thereto.
DETERMINATION OF VIOLATIONS
2. The CUPA hereby determines that Respondent violated the following:
2.1 The California Health and Safe section 25299 (al (9), to wit: tampering
with or otherwise disabling automatic leak detection devices or alarms. On
August 31, 2016x a routine CUPA inspection discovered, amon-ci....othe, r
violations, three leak, detection sensors programmed incorrectly to keep the
UST system from properly functioning and detecting any leaks.
E
2.2 The Statutory penalty for such violations can be up,. to 000 per occurrence.
2.3 The violations occurred within a geociraphical area of the City of Bakersfield
which is designated by the State as possessina disadvantaged demographics,
according to CalEnviroScreen a methodology used to ident' communities
that are disproportionally burdened by multiple sources of' pollution.
SCHEDULE FOR COMPLIANCE
3. Based on the forgoing DETERMINATION OF VIOLATIONS, IT IS HERESY
ORDERED THAT:
3.1 The Respondent shall make arrangements to properly remove, and /or remedy
the UST system, under permit, to remain in full regulatory compliance, as required.
3.2 The Respondent shall demonstrate that such efforts to remove and /or remedy
the UST system are currently in effect through the submission of any related work or
purchase order, and/or budgetary allocation within the current Fiscal Year 2016 -17.
3.3 Submittals. A copy of the required documentation designed to demonstrate
full compliance with this Order 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 Fire Department
2101 H Street
Bakersfield, California 93301
3.6 Communications. All approvals and decisions of the CUPA made regarding
submittals and notifications will be communicated to Respondent in writing by the
Director of Prevention Services or his /her designee. No informal advice, guidance,
suggestions, or comments by the CUPA regarding reports, plans, specifications,
schedules, or any writings by the Respondent shall be construed to relieve
Respondent of the obligation to obtain such formal approvals as may be required.
3.7 CUPA .Review and Approval. If the CUPA determines that the schedule or
2
other submitted for approval pursuant to this order falls to comply with the order or
fails to protect public health or safety or the environment, the CUPA may:
a) Modify the document as deemed necessary and approve the document as
modified, or
b) Return the document to Respondent with recommended changes and a
date by which Respondent with recommended changes and a date by which
Respondent must submit to the CUPA a revised document incorporating the
recommended changes.
3.8 Compliance with Applicable Laws, Respondent shall carry out this Order in
compliance with all local, State, and federal requirements, including but not limited to
requirements to obtain permits and to assure worker safety.
3.9 Endanqerment 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..
3.10 Liabilily. 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
any
past, current, or future operations of Respondent other than those violations alleged
in section 2 of this order. Notwithstanding compliance with the terms of this Order,
Respondent may be required to take further actions as are necessary to protect
public health or welfare or the environment.
3.11 Data and Document Availability. Respondent shall permit the CUPA and its
authorized representatives to inspect and copy all sampling, testing, monitoring, and
other data generated by Respondent or on Respondent's behalf in any way
pertaining to work undertaken pursuant to this Order. Respondent shall allow the
3
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 tune, Respondent shall comply with that request, deliver the documents to the
CUPA, or permit the CUPA to copy the documents prior to destruction.
3.12 Government Liabilities. The City of Bakersfield shall not be liable for injuries
or damages to persons or property resulting from acts or omissions by Respondent
or related parties in carrying out activities pursuant to this Order, nor shall the City of
Bakersfield be held as a party to any contract entered into by Respondent or its
agents in carrying out activities pursuant to the Order.
3.13 Additional Enforcement Actions, By issuance of this Order, the CUPA does
not waive the right to take further enforcement actions.
3.14 Incorporation of PIans and R All plans, schedules, and reports that
require CUPA approval and are submitted by respondent pursuant to this Order are
incorporated in this Order upon approval by the CUPA.
3.15 Extension Request. If Respondent is unable to perform any activity or submit
any document within the time required under this Order, the Respondent may, prior
to expiration of the time, request an extension of time In writing. The extension
request shall include a justification for the delay.
3.16 Extension Approvals.. If the CUPA determines that good cause exists for an
extension, it will grant the request and specify in writing a new compliance schedule.
3.17 Penalties for Noncompliance Failure to comply with the terms of this Order
may also subject Respondent to costs, penalties, and/or punitive damages for any
costs incurred by the CUPA or other government agencies as a result of such failure,
as provided by HSC section 25404.1.1 and other applicable provisions of law.
4
3.18 Parties Bound. This Order shall apply to and be binding upon Respondent,
and its officers, directors and agents, including but not limited to individuals, and
upon the CUPA and any successor agency that may have responsibility for and
jurisdiction over the subject matter of this order.
PENALTY
4. The CUPA hereby suspends the total adjusted statutory penalty of twelve-
thousand two-hundred and ninety dollars ($12,290) in lieu of specific performance as
stipulated in section 3, supra, and payment of an environmental justice assessment.
Payment of an environmental justice assessment of one-thousand, two-hundred and
fifty dollars ($1.250) is due within thirty (30) days from the effective date of the Order.
Respondent's check shall be made payable to the City of Bakersfield, Certified
Unified Program Agency and shall Identify the Respondent and the Docket Number,
as shown in the heading of this case.
Respondent shall deliver the environmental justice assessment 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
City of Bakersfield Fire Department
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.
5
Date of lssuance; October 6, 2016
Mr. Howard H. Wines 1.11 PG 7239
Director of Prevention Services
City of Bakersfield
Date
Kern4co-unty Gje;Q�ralServic s ID vision Date
Typed or Printed Name of
Respondent's Representative
cc: R. Kelly, Deputy Fire Chief
Bakersfield Fire Department
J. Rudnick, Deputy City Attorney
City of Bakersfield
M