HomeMy WebLinkAboutNOV Mikuls Truck terminal FA0000182 06042014
June 9, 2014
Alan Mikuls Facility ID: FA0000182
Mikuls Truck Terminal
2310 Taft Highway
Bakersfield, CA 93313
Re: Mikuls Truck Terminal
NOTICE OF VIOLATION AND ORDER TO CORRECT
Dear Mr. Mikuls:
This Notice of Violation and Order to Correct is in response to the Certified Unified Program Agency (CUPA) Underground Storage Tank (UST) inspection conducted on March 21, 2014 at the
facility located at 2310 Taft Highway, Bakersfield, CA. Violations of Title 23 of the California Code of Regulations (CCR) and of the California Health and Safety Code (HSC) Section
6.95 are detailed in the following section.
VIOLATIONS
1. The Respondent is in violation of the California Code of Regulations § 2632 (b)(d)(2) for failure to submit a Response Plan in the California Environmental Reporting System (CERS)
for approval by the local agency. The Respondent submitted on December 10, 2013 only the Business Activities and Business Owner/Operator section in CERS. The submittal was rejected
for failure to upload all required UST documents. All documents, which include a Response Plan, shall be submitted in CERS for review and approval by the local agency, Kern County Public
Health Services Department, Environmental Health Division.
California Code of Regulations § 2632 (b)(d)(2): (b) Owners or operators of underground storage tanks subject to this section shall implement a monitoring program approved by the local
agency and specified in the underground storage tank operating permit. The program shall include interstitial space monitoring as described in subsection (c) and shall include the items
listed in subsection (d).
(d) All monitoring programs shall include the following:
(2) A response plan which demonstrates, to the satisfaction of the local agency, that any unauthorized release will be removed from the secondary containment system within the time consistent
with the ability of the secondary containment system to contain the hazardous
substance, but not more than 30 calendar days or a longer period of time as approved by the local agency. The response plan shall include, but is not limited to, the following:
(A) A description of the proposed methods and equipment to be used for removing and properly disposing of any hazardous substances, including the location and availability of the required
equipment if not permanently on-site, and an equipment maintenance schedule for the equipment located on-site.
(B) The name(s) and title(s) of the person(s) responsible for authorizing any work necessary under the response plan.
2. The Respondent is in violation of the California Code of Regulations § 2632 (b)(d)(C) for failure to submit a Plot Plan in the California Environmental Reporting System (CERS) for
approval by the local agency. The Respondent submitted on December 10, 2013 only the Business Activities and Business Owner/Operator section in CERS. The submittal was rejected for
failure to upload all required UST documents. The Plot Plan shall include the general layout of tanks and piping. Clearly identify locations of the following equipment, if installed:
monitoring system control panels; sensors monitoring tank annular spaces, sumps, dispenser pans, spill containers, or other secondary containment areas; mechanical or electronic line
leak detectors; and in-tank liquid level probes (if used for leak detection).All documents, which include a Plot Plan, shall be submitted in CERS for review and approval by the local
agency, Kern County Public Health Services Department, Environmental Health Division.
California Code of Regulations § 2632 (b)(d)(C): (b) Owners or operators of underground storage tanks subject to this section shall implement a monitoring program approved by the local
agency and specified in the underground storage tank operating permit. The program shall include interstitial space monitoring as described in subsection (c) and shall include the items
listed in subsection (d).
(d) All monitoring programs shall include the following:
(C) The location(s), as identified on a plot plan, where the monitoring will be performed.
3. The Respondent is in violation of the California Code of Regulations § 2715(a) for failure to submit to the local agency, Kern County Public Health Services Department, Environmental
Health Division, via the California Environmental Reporting System (CERS), a signed statement identifying the designated UST operator. The designated operator agreement form has not
been submitted in CERS.
California Code of Regulations § 2715 (a): (a) By January 1, 2005, owners of underground storage tank systems shall submit a signed statement to the local agency indicating that the
owner understands and is in compliance with all applicable underground storage tank requirements, and identifying the designated UST operator(s) for each facility owned. The owner shall
inform the local agency of any change of designated UST operator(s) no later than 30 days after the change.
4. The Respondent is in violation of the California Code of Regulations § 2712(f) for failure to implement corrective action within thirty (30) days. The inspection was conducted on
March 21, 2013. The Respondent has exceeded the thirty (30) calendar day requirement by 45 days for compliance with all of the corrective action that is required.
California Code of Regulations § 2712(f): Within 30 calendar days of receiving an inspection report from either the local agency or the special inspector, the permit holder shall implement
the corrections specified in the inspection report and comply with the permit conditions. The corrective action shall include all of the recommendations made by the local agency or
special inspector. The local agency may waive the implementation of any of the special inspector's recommendations based on a demonstration by the permit holder to the local agency's
satisfaction that failure to implement the recommendation will not cause an unauthorized release.
5. The Respondent is in violation of the California Code of Regulations § 2632 (b)(d)(2) for failure to submit a Monitoring Plan approved by the local agency. All documents shall be
submitted in CERS for review and approval by the local agency, Kern County Public Health Services Department, Environmental Health Division.
California Code of Regulations § 2632 (b)(d)(2): (b) Owners or operators of underground storage tanks subject to this section shall implement a monitoring program approved by the local
agency and specified in the underground storage tank operating permit. The program shall include interstitial space monitoring as described in subsection (c) and shall include the items
listed in subsection (d).
6. The Respondent is in violation of Health and Safety Code (HSC) § 25292.2(a) for failure to maintain a copy of the certificate of Financial Responsibility. No Certificate of Financial
Responsibility is maintained on site nor has this document been submitted on the California Environmental Reporting System (CERS).
Health and Safety Code (HSC) § 25292.2(a): All owners and operators of an underground tank system shall maintain evidence of financial responsibility for taking corrective action and
for compensating third parties for bodily injury and property damage caused by a release from the underground tank system, in accordance with regulations adopted by the board pursuant
to Section 25299.3. The regulations shall include a schedule that requires that financial responsibility requirements are phased-in for all underground storage tank systems on or before
October 26, 1990.
7. The Respondent is in violation of the California Code of Regulations § 2637(a) for failure to conduct secondary containment testing every 36 months. The secondary containment test
was last conducted on March 3, 2010. The test should have been conducted on March 2013. The Respondent is 15 months past due.
California Code of Regulations § 2637 (a): Secondary containment systems installed on or after January 1, 2001 shall be tested upon installation, 6 months after installation, and every
36 months thereafter. Secondary containment systems installed prior to January 1, 2001 shall be tested by January 1, 2003 and at least every 36 months thereafter.
8. The Respondent is in violation of the California Code of Regulations § 2635 (b)(1) for failure to maintain the spill bucket in good condition. The Diesel product spill bucket failed
the hydrostatic test during the annual monitoring certification conducted on March 21, 2014. The Respondent has failed to repair or replace the spill bucket as required.
California Code of Regulations § 2635 (b)(1): (b) All underground storage tanks shall be equipped with a spill container and an overfill prevention system as follows:
(1) The spill container shall collect any hazardous substances spilled during product delivery operations to prevent the hazardous substance from entering the subsurface environment.
9. The Respondent is in violation of the California Code of Regulations § 2715 (c)(5) for failure to have the Designated Operator prepare accurate monthly inspection reports. The Designated
Operator stated on the monthly inspection reports that the Respondent had completed the required secondary containment testing. That statement is incorrect. The secondary containment
test is 15 months past due.
California Code of Regulations § 2715 (c)(2): (c) The designated UST operator(s) shall perform monthly visual inspections of all underground storage tank systems for which they are designated.
The results of each inspection shall be recorded in a monthly inspection report. The monthly visual inspection shall include, but is not limited to, the following:
(5) Checking that all required testing and maintenance for the underground storage tank system have been completed, and documenting the dates these activities occurred.
10. The Respondent is in violation of Health and Safety Code (HSC) § 25299 (b)(2)(4) for being in violation of several applicable requirements of the permit issued and for failure to
complete repairs to the underground tank system.
H&SC 6.7 § 25299 (b)(2)(4): (b) An owner of an underground tank system shall be liable for a civil penalty of not less than five hundred dollars ($500) or more than five thousand dollars
($5,000) per day for each underground storage tank, for each day of violation, or any of the following violations:
(2) Failure to repair or upgrade an underground tank system in accordance with this chapter.
(4) Violation of any applicable requirement of the permit issued for operation of the underground tank system.
CORRECTIVE ACTIONS
The following corrective action shall be completed by June 20, 2014:
Complete and submit the following UST documents on the California Environmental Reporting System (CERS) at http://cers.calepa.ca.gov
UST Operating Permit Application for Facility information and Tank information
UST Monitoring Plan
UST Monitoring Site Plot Plan
UST Response Plan
Designated Operator Agreement Form
Certificate of Financial Responsibility
Letter from Chief Financial Officer
Update the UST binder that is maintained on site and ensure that it contains current copies of all UST documents submitted in CERS.
Have the Direct Bury Diesel Spill Bucket repaired or replaced. This may require a UST Modification Permit from the Kern County Public Health Services Department, Environmental Health
Division.
Immediately schedule the Secondary Containment Test and notify Kern County Public Health Services Department, Environmental Health Division.
The issuance of this Notice of Violation and Order to Correct does not preclude the Kern County Public Health Services Department, Environmental Health Division from taking administrative,
civil or criminal action as a result of the violations noted herein. You have been scheduled to appear in this office on Wednesday June 18, 2014 at 10:00 AM. This hearing has been
arranged to discuss your failure to comply with conditions specified under your Permit to Operate as a result of violations identified during the inspection conducted on March 21, 2014.
Please call me at (661) 862-8755 if you have any questions.
Sincerely,
Gabriel Rubio
Waste Management Technician II
Unified Hazardous Materials/Waste Program
CC: File