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HomeMy WebLinkAboutENFORCEMENT 5/1/2003 BAKERSFIELD FIRE DEPARTMENT ~'uae ',-_, ._976 BUREAU OF FIRE PREVENTION 073 Date APPLICATION Application No. In conformity with provisions of pertinent ordinances, codes and/or regulations, application is made by: Strickler .3o. -'~5Z+6 Si:ira- Road Nome of Company Address to display, store, install, use, operote, sell or handle materials or processes involving or creating con- ditions deemed hazardous to life or property as follows: Z_nstall ~.,000 gallon gasoline underground ~anko Authorized Representative Permit ~JenJed /.'.'; ~ / - ~'~ (---- ./.. (.~./~, '.' By ..... ......................................... ? ............. ................................ F~RE CHIEF .~.a~, :~.~zs Mr. Dick Carlisle, Plant Manager Ennis Paint, Inc ADMINISTRATIVE SERVICES 200 2ad Street 2101 "H' Street Bakersfield, CA 93301 Bakersfield, CA 93307 VOICE (661) 326-3941 FAX (661) 395-1349 NO FURTHER ACTION REQUIRED SUPPRESSION SERVICES 2101 "H" Street Bakersfield, CA 93301 Re: Consent Agreement for Docket No. 2003-l0 VOICE (661) 326-3941 FAX (661) 395-1349 Dear Mr. Carlisle: PREVENTION SERVICES FIRE SAFETY SERV',C ES * ENVIRONMENTAL SERVICES 1715 ChesterAve. This is to inform you that this department has reviewed the results of Bakersfield, CA 93301 VOICE (661)326-3979 the corrective action taken to abate the disposal of liquid paint into the FAX (661) 326-0576 municipal waste at the above-referenced location. PUBLIC EDUCATION ' 1715 Chester Ave. Based upon the information submiited, this office is satisfied with the Bakersfield, CA 93301 VOICE (661) 326-3696 corrective action performed and requires no further action at this time in the FAX (661) 326-0576 above-referenced matter. FIRE INVESTIGATION 1715 Chester Ave. If you have any questions regarding this matter, please contact me at Bakersfield. CA 93301 VOICE (661) 326-3951 661-326-3649. FAX (661) 326-0576 TRAINING DIVISION Sincerely, 5642 Victor Ave. Bakersfield, CA 93308 VOICE (661) 399-4697 RALPH E. HUEY, Director of Prevention Services FAX (661) 399-5763 Howard H. Wines, III Hazardous Materials Specialist Registered Geologist No. 7239 Office of Environmental Services HW:db ~ ,... ENNIS PAINT INC .. PO BOX 70608 ' 1259 · BAKERSFIELD CA 93387 · "Payto"th'E :':' "' .. orderof 2101 H Street Bakersfield, California 93301 A photocopy of the check shall be sent to: Mr. Ralph Huey Director of Prevention Services City of Bakersfield 1715 Chester Avenue Bakersfield, California 93301 5. This Order is final and effective upon execution by the City and Respondent. 6. "Days" for purposes of this Order means calendar days. Date of Issuance: April 30, 2003. Date Director ~:~FPrevention Services City of Bakersfield nnls aln, nc. , __ Date Typed or Printed Name of Respondent's Representative cc: Mr. Allen Shaw Deputy City Attorney City Attorney's Office City of Bakersfield 1501 Truxtun Avenue Bakersfield,CA93301 6 Mr. Ralph Huey Director of Prevention Ser¥ices City of Bakersfield 17 l 5 Chester Avenue Bakersfield, CA 93301 Ref: ENNIS PAINT INC., DOCKET NO.: 2003-10 PROPOSED ABATEMENT PROCEDURE 1. Safety meeting with all employees to discuss Non Hazardous Solid Waste Disposal. This meeting was held 5-6-03. A copy of the topics discussed and the signatures of all employees in attendance is included with this document. 2. Trash Dumpsters will be labeled on all 4 sides with "NON HAZARDOUS SOLID WASTE ONLY - NO LIQUID PAINT. We will start attaching these labels immediately and 5-13-03 will complete this task. 3. Analysis of paint- we only make waterborne "lead free" Traffic Paint. The product does not contain mercury, lead, hexavalent chromium, toluene, chlorinated solvents, hydrolyzable chlorine derivatives, ethylene based glycol ethers and their acetates, nor any carcinogen as defined in 29 CFR 1910. I am including MSDS sheets for all the raw materials used in our production process. 4. Production Records- I have included a copy of all 2002 production and 2003 production YTD. These records are by product code. We do not release copies of our formulas to the public, but we will make them available to you at our plant site to check against the MSDS sheets we are sending you. Please let me know if you need additional information. Plant Manager Ennis Paint, Inc. 200 2nd St Bakersfield, CA 93307 Phone- 328-0503 SAFETY MEETING ,-'~ ~ Date . .~-~;.-": :.~':.: ':~'- ~ ¥.'~' "":~ ~:'.~ i fo ~1©FFIC~A~L US~ I D"' Postsoe $ ~ ~fl~ ~e P~  Ream R~le~ Fee (E~o~ment Requi~) H~e Re~d Der~e~ F~ (~do~ment R~ul~) T~ Po~ge & Fees ~ ~ ~nt ro m JO~ ~SO~ ~ '~'~Z~b:~ ........................................................................ or~o. 202 2~ ST c~, ~, ~ B~RSFIE~ CA 93304 May 1, 2003 Agent for Service of Process: F:IRE CHIEF John Anderson ~ON FRAZE Ennis Paint, Inc. ADMINISTRATIVE SERVICES 202 2nd Street 2101 'lq' Street Bakersfield, CA 93304 Bakersfield, CA 93301 VOICE (661) 326-3941 FAX (661) 395-1349 Certified Mail SUPPRESSION SERVICES 2101 "H" Street Bakersfield, CA 93301 VOICE (661)326-3941 ENNIS PAINT, INC., DOCKET NO.: 2003-10 FAX (661) 395-1349 PREVENTION SERVICES 1715 ChesterAve. TO whom it may concern: Bakersfield, CA 93301 VOICE (661) 326-3951 FAX {661) 326-0576 Enclosed please find an Enforcement Order and related documents concerning violations of the California Fire Code as amended under section 15.64 et seq. ENVIRONMENTAL SERVICES 1715 ChesterAve. of the Bakersfield Municipal Code. This Enforcement Order pertains to the Bakersfield, CA 93301 VOICE (661) 326-3979 unauthorized disposal of liquid waste paint into the municipal refuse and does FAX (661) 326-0576 not preclude this Office from taking additional enforcement and compliance action. TRAINING DIVISION 5642 Victor Ave. Bakersfield, CA 93308 As indicated in the enclosures, you have a right to a hearing. Whether or not VOICE (661)399-4697 FAX (661) 399-5763 you choose to pursue an appeal, you are encouraged to explore the possibility of settlement by contacting me at 1715 Chester Avenue, Suite 300, Bakersfield, CA 93301, telephone (661) 326-3979. Sincerely, Ralph E. Huey Director of Prevention Services Enclosures cc: 1509 S. Kaufman Ennis, TX 75119 STATE OF CALIFORNIA CITY OF BAKERSFIELD FIRE DEPARTMENT / PREVENTION SERVICES DIVISION In the Matter of: Docket No.: 2003-10 ENNIS PAINT, INC. ENFORCEMENT ORDER a Texas corporation doing business in California Bakersfield Municipal Code Section 15.64.036 Respondent. INTRODUCTION 1. Parties. The Bakersfield Fire Department, Prevention Services Division (BFD-PSD) authorized by the Fire Chief to enforce the California Fire Code in the City of Bakersfield, issues this Enforcement Order (Order) to Ennis Paint, Incorporated, a Texas corporation doing business in California. 1.2. Site. Respondent does business at 200 2nd Street in Bakersfield, California, 93304. 1.3 Jurisdiction. Section 15.64.036 of the Bakersfield Municipal Code authorizes the BFD-PSD to order action necessary to correct violations and assess a penalty when the BFD-PSD determines that any person has violated specified provisions of the California Fire Code or any permit, rule, regulation, standard, or requirement issued or adopted pursuant thereto. DETERMINATION OF VIOLATIONS The BFD-PSD hereby determines that Respondent violated: 2.1 The California Fire Code, Section 8001.5.2., to wit: Unauthorized discharge of a hazardous material in violation of Title 40 of the Federal Code of Regulations, section 258.28, prohibiting liquid paint waste from being disposed of in the municipal solid waste landfill facility. 2.2 On March 18, 2003, a City of Bakersfield Solid Waste Division refuse truck was spattered with liquid paint as the Ennis Paint, Inc. trash bin was being serviced. The exterior of the trash bin shows multiple drippings and spattering of prior illegal liquid paint waste disposal. Waste paint is presumed to be a "hazardous waste" in California. SCHEDULE FOR COMPLIANCE 3. Based on the forgoing DETERMINATION OF VIOLATIONS, IT IS HEREBY ORDERED THAT: 3.1 Respondent shall make all necessary arrangements to properly abate the violation within thirty (30) days from the effective date of this Order. Respondent shall submit a schedule for and description of the proposed abatement for the BFD-PSD approval within fifteen (15) days from the effective date of this order. The abatement shall, at a minimum, include a laboratory analysis to determine if the paint waste being generated at Ennis Paint, Inc. is considered a "hazardous waste" in California and also provide for a proper means of disposal based on the hazardous waste determination. 3.2 Submittals. A Copy of the schedule for and description of the proposed abatement shall be sent to the BFD-PSD, in care of: Mr. Ralph Huey Director of Prevention Services City of Bakersfield 1715 Chester Avenue Bakersfield, California 93301 2 3.3 Communications. All approvals and decisions of the BFD-PSD 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 BFD-PSD 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 Review and Approval. If the BFD-PSD determines that the schedule, or other submitted for approval pUrsuant to this order fails to comply with the order or fails to protect public health or fire safety or the environment, the BFD-PSD 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 BFD-PSD a revised document incorporating the recommended changes. 3.5 Compliance with Applicable Laws. Respondent shall carry out this Order in compliance with all local, State, and federal requirements, including but not limited to requirements to obtain permits and to assure worker safety. 3.§ Endangerment during Implementation. In the event that the BFD-PSD 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 BFD- PSD 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 3.7 Liability. Nothing in this Order shall constitute or be construed as a satisfaction or release from liability for any conditions or claims arising as a result of past, current, or future operations of Respondent...other than those violations alleged in section 2 of this order. Notwithstanding compliance with the terms of this Order, Respondent may be required to take further actions as are necessary to protect public health, safety or the environment. 3.8 Data and Document Availability. Respondent shall permit the BFD-PSD 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 BFD- PSD 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 BFD-PSD requests that some or all of these documents be preserved for a longer period of time, Respondent shall either comply with that request, deliver the dOCuments to the BFD- PS[:), or permit the BFD-PSD to copy the documents prior to destruction. 3.9 Government Liabilities. The City of Bakersfield shall not be liable for injuries or damages to persons or property resulting from acts or omissions by Respondent or related parties in carrying out activities pursuant to this Order, nor shall the City of Bakersfield be held as a party to any contract entered into by Respondent or its agents in carrying out activities pursuant to the Order. 3.10 Additional Enforcement Actions. By issuance of this Order, the BFD-PSD does not waive the right to take further enforcement actions. 4 3.11 Incorporation of Plans and Reports. All plans, schedules, and reports that require BFD-PSD approval and are submitted by respondent pursuant to this Order are incorporated in this Order upon approval by the BFD-PSD. 3.12 Extension Request. If Respondent is unable to perform' any activity or submit any document within the time required under this Order, the Respondent may, prior to expiration of the time, request an extension of time in writing. The extension request shall include a justification for the delay. 3.13 Extension Approvals. If the BFD-PSD determines that good cause exists for an extension, it will grant the request and specify in writing a new compliance schedule. 3.14 Penalties for Noncompliance. Failure to comply with the terms of this Order may also subject Respondent to costs, penalties, and/or punitive damages for any costs incurred by the BFD-PSD or other government agencies as a result of such failure, as provided by the Bakersfield Municipal Code and other applicable provisions of law. 3.15 Parties Bound. This Order shall apply to and be binding upon Respondent, and its officers, directors and agents, including but not limited to individuals, and upon the BFD-PSD and any successor agency that may have responsibility for and jurisdiction over the subject matter of this order. PENALTY 4. The BFD-PSD assesses a penalty of $ 350. Payment of the total penalty of $ 350 is due within thirty (30) days from the effective date of the Order. Respondent's check shall be made payable to City of BakerSfield, Fire Department Prevention Services Division, and shall identify the Respondent and Docket Number, as shown in the heading of this case. Respondent shall deliver the penalty payment to: Ms. Susan Chichester Business Manager Bakersfield Fire Department 5 2101 H Street Bakersfield, California 93301 A photocopy of the check shall be sent to: Mr. Ralph Huey Director of Prevention Services City of Bakersfield 1715 Chester Avenue Bakersfield, California 93301 5. This Order is final and effective upon execution by the City and Respondent. 6. "Days" for purposes of this Order means calendar days. Date of Issuance: April 30, 2003. Mr.~R~Ip~~I~~''''~ Date Director 6FPrevention Services City of Bakersfield Ennis Paint, Inc. Date Typed or Printed Name of Respondent's Representative cc: Mr. Allen Shaw Deputy City Attorney City Attorney's Office City of Bakersfield 1501 Truxtun Avenue Bakersfield,CA93301 6 ACKNOWLEDGMENT OF RECEIPT Without admitting the violations, I acknowledge receipt of this Enforcement Order, Statement to Respondent, Certification of Compliance form, and two copies of the form entitled Notice of Defense. DATED: Signature Print Name and Title S:\CORRESPONDENCE~2003-04~ENFORCEMENTORDER_ENNIS.DOC 7 STATE OF CALIFORNIA CITY OF BAKERSFIELD FIRE DEPARTMENT / PREVENTION SERVICES DIVISION In the Matter of: Docket No.: 2003-10 ENNIS PAINT, INC., a Texas corporation STATEMENT TO RESPONDENT doing business in California Enforcement Order Respondent. TO THE ABOVE RESPONDENT: An Enforcement Order ("Order") is attached to this statement and is hereby served upon you. The Order has been filed by the Bakersfield Fire Department / Prevention Services Division (BFD-PSD). Unless a written request for a hearing signed by you or on your behalf is delivered or mailed to BFD-PSD within fifteen (15) days after you have received a copy of the Order, you will be deemed to have waived your right to a hearing in this matter. If you do not file a timely hearing request, the Order becomes final automatically. The request for a hearing may be made by delivering or mailing one copy of the enclosed form entitled "Notice of Defense" or by delivering or mailing a Notice of Defense as provided in Section 11506 of the Government Code to: Mr. Allen Shaw Deputy City Attorney City Attorney's Office City of Bakersfield 1501 Truxtun Avenue Bakersfield, California 93301 Telephone: (661) 326-3721 1 The enclosed Notice of Defense, if signed and filed with BFD-PSD, is deemed a specific denial of all parts of the Order, but you will not be permitted to raise any objection to the form of the Order unless you file a further Notice of Defense as provided in Section11506 of the Government Code within fifteen (15)days after service of the Order upon you. If you file a Notice of Defense within the time permitted, a hearing on the allegations made in the Order will be conducted by the Office of Administrative Hearings of the Department of General Services in accordance with the procedures specified in Health and Safety Code section 25187 and Government Code sections 11507, et seq. The hearing may be postponed for good cause. If you have good cause, you must notify BFD-PSD within ten (10) working days after you discover the good cause. Failure to notify BFD-PSD within ten (10) working days will .deprive you of a postponement. Copies of Government Code Sections 11507.5, 11507.6 and 11507.7 are attached. If you desire the names and addresses of witnesses or an opportunity to inspect and copy items in possession, custody or control of BFD-PSD, you may contact: Mr. Allen Shaw Deputy City Attorney City Attorney's Office City of Bakersfield 1501 Truxtun Avenue Bakersfield, California 93301 Telephone: (661) 326-3721 Whether or not you have a hearing, you may confer informally with BFD-PSD to discuss the alleged facts, determinations, corrective actions and penalty. An informal conference does not, however, postpone the fifteen (15) day period you have to request a hearing on the Order. An informal conference may be pursued simultaneously with the hearing process. 2 You may, but are not required, to be represented by counsel at any or all stages of these proceedings. INFORMAL CONFERENCE If you wish to discuss this matter with BFD-PSD, an Informal Conference has been scheduled for: Date: Wednesday, May 14, 2003 Time: 10:00 AM Location: Prevention Services Division 3~ Floor Conference Room City of Bakersfield Development Services Building 1715 Chester Avenue Bakersfield, California 93301 (661) 326-3979 You may inform BFD-PSD at the conference whether you wish to pursue a formal hearing or waive your right to a formal hearing, as explained below. FORMAL HEARING RIGHTS YOU MUST FILE A WRITTEN REQUEST FOR A HEARING WITHIN FIFTEEN (15) DAYS IF YOU WISH TO HAVE A FORMAL HEARING. S:\CORRESPONDENCE~2003-04\RESPONDENT_ENNIS.DOC 3 STATE OF CALIFORNIA CITY OF BAKERSFIELD FIRE DEPARTMENT / PREVENTION SERVICES DIVISION In the Matter of: Docket No.: 2003-10 ENNIS PAINT, INC., a Texas corporation NOTICE OF DEFENSE doing business in California Bakersfield Municipal Code Section 15.64.038 Respondent. I, the undersigned Respondent, acknowledge receipt of a copy of the Enforcement Order, Statement to Respondent, Government Code sections 11507.5, 11507.6 and 11507.7, and two copies of this Notice of Defense. I request a hearing to permit me to present my defense to the allegations contained in the Enforcement Order. Dated: (Signature of Respondent) Please Type or Print the Name and Mailing Address of Respondent (Name) (Street Address) (City) (State) (Zip) (Telephone Number) S:\CORRESPONDENCEt2003-04\NOTICEOFDEFENSE_ENNIS.DOC 1 STATE OF CALIFORNIA CITY OF BAKERSFIELD FIRE DEPARTMENT / PREVENTION SERVICES DIVISION In the Matter of: Docket No.: 2003-10 ENNIS PAINT, INC., a Texas corporation NOTICE OF DEFENSE doing business in California Bakersfield Municipal Code Section 15.64.038 Respondent. I, the undersigned Respondent, acknowledge receipt of a copy of the Enforcement Order, Statement to Respondent, Government Code sections 11507.5, 11507.6 and 11507.7, and two copies of this Notice of Defense. I request a hearing to permit me to present my defense to the allegations contained in the Enforcement Order. Dated: (Signature of Respondent) Please Type or Print the Name and Mailing Address of Respondent (Name) (Street Address) (City) (State) (Zip) (Telephone Number) S:\CORRESPONDENCE~2003-04\NOTICEOFDEFENSE_ENNIS.DOC 1 California Business Search Page 1 of 1 DISCLAIMER: The information displayed here is current as of APR 18, 2003 and is updated weekly. It is not a complete or certified record of the Corporation. Corporation ENNIS PAINT, INC. Number: C2322037 IDate Filed: 12/5/2000 IIst tus: active Jurisdiction: TEXAS Mailing Address 1509 S KAUFMAN. ENNIS, TX 75119 Agent for Service of Process JOHN ANDERSON 202 2ND ST IBAKERSFIELD, CA 93304 For information about certification of corporate records or for additional corporate information, please refer to Corporate Records, If you are unable to locate a corporate record, you may submit a request to this office for a more extensive search. Fees and instructions for requesting this search are included on the Corporate Records Order Form. Blank fields indicate the information is not contained in the computer file. 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. http://kep~er.ss.ca.g~v/c~rpdata~Sh~wA~~List?QueryC~rpNumber=-C2322~37&printer=-yes 4/24/2003  BAKERSFIELD FIRE DEPARTMENT ~ OFFICE OF ENVIRONMENTAL SERVICES PRELIMINARY INVESTIGATION REPORT Prepared by: ~Howard H. Wines, III Hazardous Materials Specialist Registered Geologist No. 7239 File Name: S:\CORRESPONDENCE~2003-04~Prelim Inv. Rpt Ennis.DOC Report Date: April 28, 2003 Incident: Ennis Paint, Inc. Location: 200 2nd Street Incident Date: March 28, 2003 Violation: Uniform Fire Code, Section 8001.5.2.3 Provisions shall be made for controlling and mitigating unauthorized releases of hazardous materials. Statute: Bakersfield Municipal Code, Chapter 15.64, Section 103.4.1 Penalty: $350 Suspect -1: Richard Gonzalez, Production Manager, Ennis Paints, Inc. Witness -1: James Scrivano, Solid Waste Supervisor II, City of Bakersfield Narrative: On March 18, 2003, I received a call from James Scrivano advising me that one of the Solid Waste Division refuse trucks had been splattered by liquid paint while servicing the trash bin at Ennis Paint, Inc. Upon arrival, I found two Ennis Paint, Inc. employees attempting to clean the paint off of the refuse truck. I noticed that the trash bin had numerous splattering and drip marks from prior disposal of liquid paint waste. I issued a Correction Notice to Richard Gonzalez on site, prohibiting the disposal of liquid waste paint into the trach. Photos attached. Administrative Enforcement Action - Ennis Paint, Inc. Preliminary Investigation Report Page 2 Penalty Calculation Pursuant to Chapter 15.64 of the Bakersfield Municipal Code Actual or Potential Harm: Moderate, waste paint products can be toxic and combustible Extent of Deviation: Major, illegal disposal of a liquid waste into the trash Initial Base Penalty: $ 350 Additional Penalties: N/A. Intent (before the fact): N/A. Total Base Penalty: $ 350 Adjustment Factors: Cooperation and Effort: Multiplier (0.75 to 1.0) Neutral Effect (1.0). An effort was made by Ennis Paint, Inc. employees to clean the Solid Waste refuse truck on scene, only after the release occurred. Evidence suggests that illegal disposal of liquid waste paint into the trash bin has been on going. $350 Prophylactic Effect: Multiplier (0.5 to 2.0) Ennis Paint, Inc. is a multi-state paint manufacturer and distributor. However, this is a first time penalty assessment for Ennis Paint, Inc. (Neutral Effect = 1) $ 350 Economic Benefit: Avoided costs of proper handling and disposal of waste paints. Enforcement Order should address hazardous waste determination and proper future handling and disposal of liquid waste paints. Ability to Pay: N/A. Ennis Paints, Inc. is a multi-state corporation. Final Adjusted Penalty: $ 350 p 1010003.jpg (1280x960x24b jpeg) p 1010004.jpg (1280x960x24b jpeg)