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Home My WebLink AboutBUSINESS PLAN (2) ~" '~'~ ¥ TE/FACILI TY DI NORTH SCALE: BUSINESS NA~IE: 'FLOOR: [ 0F ~ DATE:/~.I~/ ~ACIL~TY N~E: ~ UNIT ~: OF I (CHECK ONE) SITE D~AGR.&%I FACILI~ DIAGR.&~ (Inspector's Comments): -OFFICIAL USE ONLY- SITE DIAGRAM ( items) : -- 1. Address: Identify the 9. Lock (key) Box principle buildings by the Street numbers. 10. MSDS Storage Box 2. Street(s). Alleys. 11. Railroad Tracks Driveways. and Parking Areas adjacent to the 12. Fence or 8artier property. Include the a. Wire street names· b. Masonry 3. Storm Drains. Culverts. c. Hood Yard Drains d. Gates 4. Drainage Canals, Ditches, Creeks, 13. Powerllnes $. Buildings a. Frame construction 14. Guard Station b. Nasoary construction 15. Storage Tanks:' - Identify the c. Netal construction capacity In ~al. a. Above ~rnund d. Access Door : b. Under,round 6. Utility Controls a. Gas 16. Diking or Bern b. Electricity 17. Evacuation Route c. Hater 18. Evacuation'Area: Identify the ?. Fire Suppression Systems: location where a.'FireHydrants ' employees will b. Fire Sprinkler 19. Outside Hazardous Connections Haste Storage '- c. Fire Standpipe 20. Outside Hazardous Connections Natertal Storage d. Nater Control Valves 21. Outside Hazardous Naterlal for protection systems Use/Handling · Fire Pu~p 22. Type of Hazardous · Naterial/Naste Stored or Used (See 8. Fire Department Access Below) I TYP~ OF HAZARDOUS HATERIA~ F - Flammable E - ~xploslve L - Liquid R - Radtological C - Corrosive 0 - Oxidizer G - Gas P - Poison ~ - Water Reactive T - Toxic S - Solid R - Cryogenic O - Haste H - Etiological Example: Flammable Liquid - FL FACILI~ DIAGR~ (Required items in addition to the abo~e) 1. Risers for Sprinklers 8. Fire Escapes 2. Partitions 9. A~r Conditioning Units 3. Stairways: Indicate the 10. Hlndows levels served from highest to lowest. 11. Inside Hazardous Haste Storage 4. Escalator: Indicate the levels served from 12. Inside Hazardous highest to lowest. Naterlals Storage S. Elevator 13. Inside Hazardous Hatertals Use/Handling 6. Attic Access 14. Sewer Drain Inlets ?. Skylights the "RETURN are complete to do this ~ prevent, V to MR. K BROOK$~iRE 527 EAST 19TH STREET Registered [] insured BAKERSFIELD, CA 93305 Certified [~ COO Express Mall Always obtain signature of addressee or agent and requested and ' P8 Form 38' , Mar. 1988 * U. 8.~.p.O. 1988-212-865 DOMESTIC RETURN RECEIPT ATTORNEY OR PARTY WITHOUT ATTORNEY (Name an(/Ad~,~,~): TELEPHONE NO,: FOR Cn-~JRT USE ONlY EDWARD R. JAGELS, DISTRICT ATTORNEY (805) 861-2421 - BY: MICMAEL J. YRACEBURN, DEPUTY DISTRICT ATTORNEY 1215 TRb~TUN AVENUE BAKERSFIELD, CA 93301 ATTORSE¥ FOR INa~): PLAINTIFF ..... .*MEO~COU~ KEKN COUNTY SUFJ~KIUK COUKT amEn^On,ESS: 1415 TRUXTUN AVENUE .. MAILING cITY ^S= =P coOm BAKERSFIELD, CA 93301 BRANCH .~; A;2~,: PLAiNTIFF/PETITIONER: Tl'tg PEOPLE OF TI'J~ STATE OF CAt~J. JfUt~N. .~, DEFENDANT/RESPONDENT.. KENNETH BROOKSHIR][ DBA BROOKSHIRE PI~.TIlq ~, CASE NUM-~-FR: CIVIL SUBPENA 207512 ['--] Duces Tatum THE PEOPLE OF THE STATE OF CALIFORNIA, TO (NAME): RALPH HEWEY HAZARDOUS MATERIALS COORDINATOR BAKERSFIELD, CA BAKERSFIELD FIRE DEPARTMENT 93301 1. YOU ARE ORDERED TO APPEAR AS A WITNESS in this action et the date, time, and place shown in the box below UNLESS you make a ~peelal agreement with the percen named in item 3: e. Sate: October 26, 1992 Time: 9:00 a.m. Ix'..'.'] Dept.: 1 {i I Div.: I~ Address: Kern County superior Court 1415 Truxtun Avenue, Bakersfield, CA 93301 2. AND YOU ARE a.' ~ ordered to appear in person. I~I==i not required to appear in person if you produce the records described in the accompanying ,affidavit and a completed declaration of custodian of records in compliance with Evidence Code sections 1560, 1561, 1562, and 1271. (1} Place a copy of the records in an envelope (or other wrapper). Enclose your original declaration with the records. Seal them. (2} Attach a copy of this aubpena to the envelope or write on the envelope the case name and number, your name and date, time, and place from'item 1 (the box above). (3) Place this first envelope in an outer envelope, seal it, and mall it to the clerk of the court 'at the address in item 1. (4) Mall a copy of your declaration to the attorney or party shown at the top of this form. c. ["""-] ordered to appear in person and to produce the records described in the accompanyii~g affidavit. The pemonel attendance of the custodian or other qualified witness and the production of the original records b required by this aubpena. The proce- dure authorized by subdivision (b} of section 1560, and sections 1561 and 1562, of the Evidence Code will not be deemed euffficlent compliance with this subpena. 3. IF YOU HAVE ANY QUESTIONS ABOUT THE TIME OR DATE FOR YOU TO APPEAR. OR IF YOU WANT TO BE CERTAIN THAT YOUR PRESENCE I$ REQUIRED. CONTACT THE FOLLOWING PERSON BEFORE THE DATE ON WHICH YOU ARE TO APPEAR: a. Name: M/chael J. Yraceburn I~ Telephone number: 861-2421 Deputy District Attorney 4. Wltneae Fees: You are entitled to witness fees and mileage actually traveled both ways, as provided by law, if you request them at the time of aervic~ You may request them before your scheduled appearance from the person named in item 3. ......... :...1,1. ::'"'* ::.,.,.,. T.A ( "-:" ~ Monad by ..lo a CIVIL SUBPENA c_~; ~ c~. ~ if, 1086. lass. 1087 Jud~Jal Council of C~l~n~a 082(e)flS) IRIV. ,Mnul/y 1, laS1! LAINTI~FIPETITIONER: THE PEOPLE OF THE STATE OF CALIFORNIA, C~SfNUM~m 207512 '1 KENNETHg _ROOKSHIRE DBA BROOKSHIRE PLATIN~. EFENDANT/RESPONOEN~ PROOF OF SERVICE OF CIVIL SUBPENA 1. ! served this ~-~ Subpena ~ Subpena Duces Tecum and supporting affidavit by personally delivering a copy to the person served as follows: a. Person served (name): I~ Address where served: c. Date of delivery: d. Time of delivery: e. Witness fees (check one): (1) ~ were offered or demanded and paid. Amount: .... $ (2) ~ were not demanded or paid. f. Fee for service: .............. $ 2. I received this subpena for service on (date): 3. Person serving: a. ~'~ Not a registered California process server. California sheriff, marshal, or constabl~ c. Registered California process server. d. ~ Employee or independent contractor of a registered California process server. ·r-'-] Exempt from registration under Bus. & Prof. Code section 22350(b). f. ~ Registered professional photocopier. g. ~ Exempt from registration under Bus. & Prof. Code section 22451. h. Name, address, and telephone number and, if applicable, county of registration and number: I declare under penalty of perjury under the laws of the State (For California sheriff, marshal, or constable use only) of California that the foregoing is true and correct. I certify that the foregoing is true and correct. Date: Date: ISIGNATURE! {SIGNATURE) Clerk 580 2170 Cl.U~uai (R. l~9~t)''{I~'E~ 982(aillS! [Rev. January 1, 19911 PROOF OF SERVICE "=;' ~ CIVIL SUBPENA MEMORANDUM -- KERN COUNTY DISTRICT ATTORNEY DATE: October I9, 1992 TO: RALPH HUEY JOE CANAS FROM: M. J. YRACEBURN RE: PEOPLE V. KENNETH BROOKSHIRE Attached is a copy of your declarations that were submitted to the court for the preliminary hearing. Frankly, most of your testimony is there. Please review these and your files prior to October 26, 1992. We are still trying to settle this. However, I suspect we will have to at least put on a court trial. Stay on call by a phone so that I can get hold of you. I think we will trail a couple of daYs, but there are no guarantees. Subpoena's will be sent to you this week. I will be at a training conference all week, but I will check in. If you have any questions, call and leave a message on my audix. I will get back to you. Thanks for your help. 1 EDWARD R. JAGELS, District Attorney ;~,'~" ' County of Kern '~.. 2 Michael J. Yraceburn Deputy District Attorney 3 Kern County Justice Building 1215 Truxtun Avenue 4 Bakersfield, CA 93301 Telephone: (805) 861-2421 5 Attorneys for Plaintiff 6 7 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 8 IN AND FOR THE COUNTY OF KERN 9 THE PEOPLE OF THE STATE OF CALIFORNIA, ) No. 11 ) Plaintiff, ) COMPLAINT FOR 12 ) TEMPORARY vs. ) RESTRAINING ORDER; 13 ) PRELIMINARY KENNETH L. BROOKSHIRE, dba ) INJUNCTION, CIVIL 14, BROOKSHIRE PLATING, ) PENALTIES AND OTHER DOES i through 30, Inclusive, ) EQUITABLE RELIEF 15 ) Defendants. ) 16 ) .:~ 17 ) The People of the State of California, by and through 18 its attorney Edward R. Jagels, District Attorney for the County 19 of Kern, by Michael J. Yraceburn, Deputy District Attorney, 20 allege the following upon information and belief: 21 FIRST CAUSE OF ACTION 22 (Health and Safety Code Sectio~ 25182; 23 Violations of the Hazardous Waste Control Act) 24 1. Defendant, Kenneth L. Brookshire is an individual 25 residing at Bakersfield, California. At all times herein, 26 1 1 Kenneth L. Brookshire, acted as owner or operator of Brookshire 2 Plating, a place where metal plating was done by means of a 3 chemical process and as a business within the definition of 4 Health a~d Safety Code Section 25110.5. 5 2. Defendantr, Kenneth L. Brookshtre, at all times 6 mentioned herein, held himself out as doing business as 7 Brookshtre Plating located at 527 East 19th Street, 8 Bakersfield, California, County of Kern. Defendant is in the 9 business of plating metals using chemicals and as such uses 10 quantities of hazardous materials during the course and scope 11 of their business. 12 3. The true names or capacities, whether individual, 13 corporate, associate, or otherwise, of defendants sued herein 14 under the fictitious names of Does 1 through 30, inclusive, are 15 unknown to Plaintiff, who therefore sues said defendants by 16 such fictitious names. Plaintiff will seek leave to amend this 17 complaint to show the true name of each and such defendant when 18 the same has b%en ascertained. 19 4. When, in this complaint, reference is made to 20 any act or practice of the defendant, such allegations shall be 21 deemed to mean Kenneth L. Brookshire dba Brookshire Plating, 22 its officers, directors, agents, employees, or representatives 23 did, or authorized, such acts, while actively engaged in the 24 operation, management, direction, or control of the affairs of 25 Brookshire Plating. 1 5. Defendant is a person which means an individual, 2 trust, firm, joint stock company, business concern, 3 corporation, including but not limiting to any government 4 corporation, partnership or association within the definition 5 of Health and Safety Code Sect/on 25118 and subject to Health 6 and Safety Code Sect/on 25100 et. seq. 7 6. Disposal means the discharge, deposit, injection, 8 dumping, spilling, leaking, or placing of any waste into or on 9 any land or water; so that the waste or any constituent of that 10 waste, may enter the environment or be admitted in the air or 11 diScharged into any waters w/th/n the meaning of Health and 12 Safety Code Sect/on 25113. 13 7. Waste means any discarded mater/al which 14 is a material which is abandoned, recycled 15 or considered inherently waste-like. Waste can also be any 16 materials that are m/slabeled or not accurately labelled unless 17 the material is correctly labeled or adequately labeled within 18 ten days afte~ the material is discovered to be mislabeled or 49 inadequately labeled. Furthermore, mater/al is waste if it is 20 packaged and contained in damaged containers unless the 21 materials is conta/ned in sound or undamaged containers within 22 96 hours after'the containers are discovered to be deteriorated 23 or damaged. Material is waste if it is abandoned by being 24 disposed of, burned, or incinerated, or accumulated, stored or 25 treated, but not recycled before or in lieu of being abandoned 26 3 1 by being disposed of, burned or incinerated, within the 2 meaning of Health and Safety Code Sect/on 25124. 3 8. Hazardous waste means a waste or combination of 4 waste which because of its quantity, concentration, or 5 physical, chemical or infectious characteristics may cause or 6 significantly contribute to an increase in mortality or an 7 increase in serious or incapacitating reversible illness or 8 pose a substantial, present, or potential hazard to human 9 health or the environment when properly treated, stored, or l0 disposed of or otherwise managing within the meaning of Health ll and Safety Code Section 25117. 12 9. Restrictive hazardous waste is any hazardous waste 13 which contains concentrations of the following: (1) free cyanides in concentrations greater than or equal to 1,000 15 milligrams per liter or containing any of the following metals 16 or elements or compound of these metals or elements in 17 concentrations greater than or equal to, ~8 Arsenic'- 500 milligrams per liter Cadmium - 100 milligrams per liter 19 Chromium (VI) - 500 milligrams per liter Lead - 500 milligrams per liter 20 Mercury - 20 milligrams per liter Mercury - 134 milligrams per liter 21 Selenium - 100 milligrams per liter Thallium - 130 milligrams per liter 22 within the meaning of Health and Safety Code Section 25122.?. 28 10'. Furthermore, restrictive hazardous waste is also 24 any hazardous waste as designated by the Department of Health 25 Services as a restrictive hazardous waste because of its 26 4 1 toxicity, mobility, or persistence in land disposal 2 environment, or the ability to accumulate in plants or 3 animals, within the meaning of Health and Safety Code Section 5 11. The Kern County Health Department is an agency 6 designated by the Department of Health Services of the State of 7 California to enforce the regulations and the statutes of 8 Health and Safety Code Section 25100 e__t. seq.; in accordance 9 with Health and Safety Code Section 25180. 10 1'2. The Department of Health Services is the designated 11 department to enforce Health and Safety Code Section 25100 et. 12 seq. by promulgating regulations as required by statutes in the 13 California Code of Regulations, Title 22, Division 4, Chapter 14 30. 15 13, Beginning at an exact date unknown to Plaintiff, 16 but within three years prior to the filing of this complaint, 17 and continuing to the present, defendants have engaged in acts 18 or practices t'hat violate Health and Safety Code Section 25100 19 et~ seq. These unlawful ac~s and practices include, but are 20 not limited to the following: 21 (a) That defendants as a business and 22 individual failed to determine if the 23 waste generated by its plating process 24 was hazardous or not in violation of 25 California Code of Regulations Section 26 5 1 66471. 2 (b) That defendants .failed to store in 3 containers which were in good condition 4 all hazardous waste generated at the 5 Brookshire Plating site and also failed 6 to manage in a manner which comports 7 with Article 24 of the California Code 8 of Regulations, in violation of 9 California Code of Regulations Section 10 6724~. 11 (c) That defendants failed to close and 12 securely store containers holding 13 hazardous waste except when it was 14 necessary to add or remove the waste in 15 violation of the California Gode of 16 Regulations Section 67243(a). 17 (d) That defendants stored ignitable or 18 reactive waste and restrictive waste 19 within 16 meters of the facilities, 20 property line in violation of 21 California Code of Regulations Section 22 67246. 23 (e) That defendants failed to label and 24 store each container and tank 25 containing hazardous waste with all the 26 6 1 applicable requirements of the 2 California Code of Regulations, Title 3 22, Division 4, Chapter 30, in 4 violation of California Code of 5 Regulations Section 66501. 6 (f') That defendant caused the disposal of 7 hazardous waste in a facility which did 8 not have a permit from the Department 9 of Health Services as issued pursuant 10 to Health and Safety Code Section 25100 11 in violation of Health and Safety Code 12 Sect/on 25189.5. 13 (g) That defendant as a person disposed or 14 caused the disposal of hazardous and 15 extremely hazardous waste to a point 16 that was not authorized according to 17 the provisions of Health and Safety 18 C~de Section 25100, and that such 19 disposal existed for a period of time 20 greater than i day, in violation of 21 Health and Safety Code Section 22 25189.2(c). 23 (h) That defendant has as otherwise 24 provided in Health and Safety Code 25 Section 25100 et. eeq. produced, 26 ?. 1 received, stored and disposed of 2 hazardous waste in violation of Health 3 and Safety Code Section 25199(a)(6). 4 (il That defendants knowingly treated or 5 stored hazardous waste at a facility 8 which did not have a permit issued by 7 the Department of Health Services for 8 the State of California, in violation 9 of Health and Safety Code Section 10 25199(d). 11 (J) That defendants caused the release into 12 the environment of restricted hazardous 13 waste in violation of Health and Safety 14 Code Sect/on 25100 et. seq. 15 SECOND CAUSE OF ACTION 18 (Business and Professions Code section 17200: 17 Unfair Business Practices) 14. Plaintiff realleges and incorporates herein by reference paragraphs ! through 13 as though set forth in full 19 herein. 20 15. Beginning at an exact date unknown to Plaintiff but 21 within four years prior to the filing of this complaint, and 22 continuing to the present, defendants have engaged in acts or 23 practices that violate unfair competition as defined in 24 Business and Professions Code Sectio- 17200, unfair business 25 practices. These unlawful acts and practices include, but are 26 8 1 not limited to the following: 2 (a) That defendants did not properly label 3 fixed storage tanks, as well as 4 portable containers that contain or had 5 in them hazardous materials in 6 violation of the Uniform Fire Code 7 Section 80.111. 8 (b) Defendants permitted hazardous 9 materials to spill onto the ground due 10 to improper storage in violation of 11 Uniform Fire Code Sections 80.10S and 12 80.106. 13 (c) That defendants caused ac/ds and 14 cyanide compounds not to be properly 15 segregated and therefore having 16 compatible materials improperly stored 17 in violation of Uniform Fire Code 18 S~tion 80.105 and 80.107. 19 PRAYER 20 WHEREFORE, Plaintiff prays for judgment as follows: 21 1. For a final and permanent injunction restraining 22 and enjoining defendants and each of them, their agents, 23 employees and representatives and any and all of them from 24 further violations of Health and Safety Code Section 25100 et. 25 seq. pursuant to Health and Safety Code Section 25181. 26 9 ~ 2. That this court, pursuant to Business and 2 Professions Code Section 17203, permanently restrain and enjoin 3 defendants, their officers, directors, agents, employees, 4 representatives and assignees and any and all persons, acting 5 in concert or in participation with them or any of them from 8 violating Business and Professions Code Section 17200. 7 3. That this court pursuant to Business and Professions 8 Code Section 17206, access a civil penalty in the amount of two 9 thousand five hundred dollars ($2,500.00) against each l0 defendant for each violation of Section 17200 of the Business ~ and Professions Code, but in no event less than fifty thousand 12 and 00/100 dollars ($§0,000.00). 13 4. That this court, pursuant to Health and Safety Code 14 Section 25189.2 access a civil penalty in an amount not to 15 exceed $10,000.00 per day for each violation of Health and 18 Safety Code Section 25~00, et. seq., but in no event less than 17 fifty thousand and 00/100 dollars ($50,000.00). 18 5. Pla~ntiff to recover its costs incurred in this 19 action. 20 6. Bakersfield Fire Department to recover its costs 21 incurred in this action. 22 ?. Kern County Health Department to recover its costs 23 incurred in this action. 24 25 10 1 8. Plaintiff have such other and further relief as 2 the nature of this action may require and the Court deems 3 proper and appropriate. 4 DATED: J'lly ~, 1988 Respectfully submitted, 5 EDWARD R. JAGEL$ District Attorney 7 ~-~1 J. Yraceburn 9 D~puty District Attorney 10 11 12 13 15 17 18 ' 19 20 21 22 23 24 25 26 IN THE WEST KERN MUNICIPAL COURT DISTRICT 1 COUNTY OF KERN, STATE OF CALIFORNIA 2 3 4 SEARCH WARRANT 5 STATE OF CALIFORNIA ) COUNTY OF KERN ~ ) 7 8 The People of the State of California to any Sheriff, Policeman, or any other Peace Officer in the 10 State of California: 11 Proof, by written affidavit having been made 12 before me this day by HOWARD N. EDDY, Investigator, Kern 13 County District Attorney's Office that there is probable 14 cause for believing that said property constitutes: 15 (X) -- property or things used as the means of 18 committing a felony; 17 (X) -- property or things which are in the possession of a person with the intent 18 to use them as a means of committing a public offense, or in the possession of 19 another to whom he may have delivered 20 them for the purpose of concealing them or preventing them being discovered; 21 (X) -- property or things which constitute 22 evidence which tends to show that a felony has been committed, or tends to show that a particular person has 23 committed a felony. 24 25 26 1 YOU ARE THEREFORE COMMANDED TO SEARCH THE 2 FOLLOWING: 3 THE PREMISES located at BROOKSHIRE PLATING, 527 East 19th Street, Bakersfield, Gounty of Kern, Galifornia 4 and described as; 5 A single story commercial building and detached metal outbuilding located at the ~.~r~ corner of 8 East 19th Street and Kern Stree~ the City of Bakersfield and bordered on the south by a public ? alley. The facility is further identified by a sign on the north side which identifies it as "Brookshire;" 8 including basements, attics, storage spaces, drains, tanks, pipes, hoses, drums, garage areas, appurtenant 9 buildings, the surrounding grounds, and all containers therein and thereon which could contain any of the 10 items sought; 11 for the following personal property: 12 1. Documentation' of process methods, health and safety procedures, regulartory correspondence, 13 chemical methods, formulas and invoices or records for the period January 1, 1986 to the present. 14 2. Any pipes, hoses, connections, pumps and other 15 equipment and material utilized to transport, control and direct the flow and movement of 16 hazardous materials or wastes: 17 s. Samples of any and all chemical material and wastes in any tanks, pipes, hoses, drains, barrels 18 and any other containers. 19 4. Soil samples from yard areas, pits, along fences and inside or outside buildings. 20 21 §. Billings, inventory lists and purchase orders for chemicals, paints, solvents, coatings and other supplies used in the operation of said plating 22 business from January 1, 1986 to the present. 23 24 25 26 1 6. Any business records, manifests and inventory lists relating to the generation, storage, 2 transportation, and disposal of any hazardous wastes including, but not limited to, acids, 3 caustics, metals, metal compounds and cyanides by Brookshire and their employees, agents, and 4 contractors for the period January 1, 1986 to the present, 5 and to seize said property or any part thereof and retain such property in your custody subject to order of this 7 court, pursuant to Penal Code Section 1536. 8 GOOD CAUSE HAVING BEEN SHOWN by Affidavit, you may 9 effect the service of this warrant with additional City, 10 County and State employees trained in environmental, fire 11 or waste water matters and other support staff as may be 12 13 necessary. 14 Given under my hand and dated this ~ ~'day of June, 1989. 15 17 dg~ /t~' W;st Munic 18 Ju of Kern ipal Court 19 County of Kern, State of California 20 Date and Time of Execution: 21 22 23 24 25 1 COUNTY OF KERN, STATE OF CALIFORNIA 2 3 4 STATE OF CALIFORNIA ) AFFIDAVIT IN SUPPORT OF ) 5 COUNTY OF KERN ) SEARCH WARRANT 7 8 On the basis of my personal knowledge and on the 9 basis of other information contained in this affidavit 10 and in the attachments hereto, I, HOWARD N. EDDY, being 11 duly sworn, depose and say that there is probable cause 12 to believe and I do believe that the property and things 13 described in the search warrant are seizable within the 14 meaning of Penal Code Section 1524. 15 Your affiant, is an Investigator for the District 18 Attorney's Office, County of Kern, and in that capacity 17 has acted and obtained the following information in 18 support of the petition for search warrant. That 19 information includes official police reports and official 20 records and official documents attached and incorporated 21 herein as Exhibits to this affidavit. 22 I believe that there is probable cause for the 23 issuance of a search warrant based on the following 24 facts: 25 26 1 1 Your affiant, HOWARD N. EDDY, is an Investigator for 2 the District Attorney and is presently assigned to 3 investigate hazardous materials and/or hazardous waste 4 violations. Your affiant has been assigned haz-mat 5 related investigations for more than the past 6 approximately four years. 7 I have attended over 300 hours of specialized 8 training in the detection and investigation of these 9 crimes, as well as health and safety at hazardous 10 materials, hazardous waste and clandestine narcotics lab 11 sites. 12 That training includes an 80 hour Hazardous Waste 13 Investigation Course at the Federal Law Enforcement 14 Training Center, two 40 hour Hazardous Materials Incident 15 Operations and Mitigation Courses presented by the U.S.- 16 Environmental Protection Agency, as well as numerous 17 additional shorter schools and seminars. In addition 18 your affiant has assisted in teaching other Officers a 19 California 40 hour Hazardous Materials Investigation 20 course. 21 In addition to other fire and environmental laws, 22 the following terms identified in Sections of the 23 California Health and Safety Code are applicable in my 24 determination of probable cause as set forth in this 25 affidavit. 26 2 1 The Hazardous Waste Control Law is set forth in 2 Sections 25100 e__t._~_ ~gq.~. of the Health and Safety Code. 3 The following references to code sections will be to the 4 Health and Safety Code unless otherwise noted. 5! Section 25117 defines hazardous waste as follows: 6 Hazardous waste means a waste, Or combination of wastes, which because of its quantity, concentration, 7 or physical, chemical or infectious characteristics may either: 8 (a) Cause, or significantly contribute to an 9 increase in mortality or an increase in 10 serious irreversible, or incapacitating reversible, illness. 111 (b) Pose a substantial present or potential hazard to human health or environment when 12 improperly treated, stored, transported, 13 or disposed of, or otherwise managed... Section 25113 defines "disposal" as follows: 14 "Disposal means to abandon, deposit, inter or otherwise 15 discard waste." Section 25116 defines "handling" as follows: 17 "Handling means the transporting or transferring from one 18 place to another, or pumping, processing, storing, or 19 packaging of hazardous waste, but does not include the 20 handling of any substance before it becomes waste." 21 Section 25123 defines "storage" as follows: 22 "Storage means the containment of hazardous wastes, 23 either on a temporary basis or for a period of years, in 24 such a manner as not to constitute disposal or use of 25 such hazardous waste." 3 1 Section 25123.3 defines "storage facility" as 2 follows: 3 "Storage facility means a hazardous waste facility at 4 which hazardous waste is contained for periods greater 5 than 96 hours at an offsite facility or for periods 6 Greater than 90 days at an onsite facility." 7 Section 25123.5 defines "treatment" as follows: 8 "Treatment means any method, technique, or process which 9 changes the physical, chemical, or biological character 10 or composition of any hazardous waste or any material 11 contained therein, or removes or reduces its harmful 12 properties or characteristics for any purpose." 13 On or about 5/5/89 I received information from the 14 Bakersfield City Fire Department Hazardous Materials 15 Coordinator that his office had been investigating a firm 16 known as Brookshire Plating located at 527 East 19th 17 Street. That firm is an owner operated facility 18 conducting a metal plating operation. In coordination 19 with Investigator Richard Harger of the Bakersfield City 20 Fire Arson Bureau, Mr'. Ralph Huey, Hazardous Materials 21 Coordinator for Bakersfield City Fire, provided the 22 following information. 23 Huey stated that as early as December of 1987 when 24 the Bakersfield City Fire Hazardous Materials Business 25 Plan Program was first Getting on line, a request for a 26, 4 1 business plan was sent out to Brookshire pursuant to 2 Chapter 6.95 of the California Health and Safety Code. A 3 completed application was subsequently received by the 4 City from Brookshire, however, it had numerous 5 deficiencies and failed to address a large part of the 6 requirements. In an effort to obtain compliance, various ? phone calls and contacts were made with the company and 8 on or about 6/10/88 an inspection was conducted. During 9 that inspection conducted by Huey, he observed numerous 10 violations of the Health and Safety Code as well as the 11 Uniform Fire Code. On 6/13/88 Mr. Huey wrote a notice of 12 violation letter to the firm outlining various violations 13 relative to the Health and Safety Code. See Exhibit 14 "A" attached and incorporated herein by reference. 15 Huey told me that due to the newness of the program 16 and their desire to assist businesses with coming into 17 compliance, his notice of violation letter was only 18 directed towards specific fire violations his program was 19 responsible for. Huey told me that additional telephone 20 calls and communications were made with subject 21 Brookshire in a continued effort to further Gain 22 compliance. Those communications were made throughout 23 the year 1988. 24 On or about February 2, 1989 Huey again inspected 28 the Brookshire facility and subsequently completed 26 5 1 another "second notice of violation" letter to Mr. 2 Brookshire dated February 7, 1989 outlining his continued 3 failure to comply with Bakersfield City Fire Hazardous 4 Materials Program outlined in Chapter 6.95 of the Health 5 and Safety Code. See Exhibit "B" attached and 6 incorporated herein by reference. According to that 7 letter, Huey indicated that serious violations were 8 noted. In an effort to urge the facility to come into 9 compliance, he gave a 30 day time-frame ending March 10, 10 1989. In that notice he states, "Several containers of 11 hazardous chemicals were leaking. This must be corrected 12 by repackaging or disposal of the material." In addition 13 Huey indicated to me that highly toxic materials were 14 still not properly stored or segregated in the back of 15 the building. Huey identifies various acid and cyanide 16 chemicals which were illegally stored in close proximity 17 and in a dangerous manner. In addition Huey stated that 18 plating tanks permit spillage and also there were still 19 several leaking storage drums of materials found. In an 20 effort to document the conditions he had observed during 21 this subsequent inspection, Huey also took numerous 22 photographs showing the containers and problems he 23 observed. Those photographs are included as Exhibits "C" 24 through "W" to this affidavit and are incorporated herein 26 by reference. 26 6 1 On or about March 16, 1989 yet another follow-up 2 inspection was conducted by Huey of the Bakersfield City 3 Fi~e Hazardous Materials Division. It should be noted 4 that Huey had subsequently hired an additional 5 Technician, a Mr. Duane Meadows, who had previous 6 experience in the hazardous waste clean-up industry. ? Meadows accompanied Huey on the March 16th inspection and 8 in addition to those observations previously made by 9 Huey, Meadows told me that in his opinion it would appear 10 that gross contamination is present on large areas of the 11 facility. This terminology is used to explain incidents 12 where hazardous waste contaminates various areas. Gross 13 contamination clearly indicates potential quantities well 14 beyond those expected in the normal legal course of 15 business. In addition Huey and Meadows noted that very 16 little progress had been made pursuant to their office's 17 notice of violations and requests for corrections 18 previously identified. 19 As a result, yet another letter was submitted to Mr. 20 Brookshire dated March 21, 1989 which identifies various 21 hazards observed and indicates that corrective action 22 must be taken by Brookshire Plating in order to avoid 23 possible legal action. 24 On April 25, 1989 yet another reinspection of the 25 Brookshire facility was made by Huey. As a result of ? 1 that inspection a referral memorandum was generated to 2 the Hazardous Materials Task Force by Huey. That 3 memorandum was dated 4/25/89. A follow-up memorandum 4 dated May 5, 1989 was subsequently submitted via Gaptain 5 Harger which further detailed his findings. That 6 memorandum states that during the inspection on April 7 25th, numerous of the previously identified serious 8 problems had still not yet been corrected. In addition 9 the memo ends with a statement that "ground contamination 10 is Very possible at the site and that disposal of 11 hazardous waste may be being accomplished illegally." 12 That memorandum is attached as Exhibit "X" and 13 incorporated herein by reference. In an effort to obtain 14 follow-up information, both Mr. Huey and Mr. Meadows were 15 interviewed. Huey again stated that although he observed 16 numerous violations which appear to be extremely serious 17 in nature, no referrals were made outside his office 18 until approximately April 25, 1989 because of their 19 continuing efforts to obtain voluntary compliance. Once 20 it was clear that this voluntary compliance appeared to 21 be impossible to obtain in a timely manner, the 22 information was turned over to Fire Investigation Bureau 23 personnel for referral to my office. 24 Subsequent conversations with Huey indicated that he 25 has been the Hazardous Materials Coordinator for the City 28 8 1 of Bakersfield for the last approximately two years; that 2 in that capacity he holds a BA Degree in Materials 3 Engineering from the University of Pittsburg, as well as 4 an MBA from the University of Duquesne. Previous to 5 being employed by the City of Bakersfield, Huey was 8 employed by the Pacific Southern Foundry Company and has ? approximately twenty years of management experience in 8 the field of metals production includinG being 9 responsible for handling of hazardous materials. Based 10 on his training and experience, Huey stated that although 11 he is not fully familiar with all the criminal disposal 12 provisions of the Hazardous ~9 Laws, in his capacity 13 he is directed to specifically enforce the provisions of 14 the Hazardous Materials and Business Plan as identified 15 in Chapter 6.95 of the Health and Safety Code and 16 Division 80 of the Uniform Fire Code and has attempted to 17 obtain compliance in his official capacity.. 18 I subsequently spoke with Mr. Duane Meadows who was 19 recently hired by the City of Bakersfield as a Technician 20 in the Hazardous Materials Office. Meadows stated that 21 he has completed numerous general education courses 22 towards an AA Degree and was previously employed as a 23 Field Supervisor for the IT Corporation. In that 24 capacity he oversaw hazardous materials and hazardous 25 waste clean-ups in conjunction with state and federal 9 1 authorities. Meadows has also completed in-service 2 training consisting of various 40 hour hazardous waste 3 classes and he has instructed in hazardous materials at 4 Bakersfield College. By virtue of his training and 5 experience and in addition to the Hazardous Materials 6 Control Act, Meadows is more familiar with the particular 7 provisions of the Hazardous Waste Laws. 8 Meadows told me that based on his training and 9 experience in con3unction with his observations, he 10 believes that several of the items identified in the 11 previous notices of violation attached as Exhibits to 12 this affidavit and depicted in the photographs attached 13 as Exhibits "C" through "W" of this affidavit constitute 14 disposal of hazardous waste at an unauthorized point in 15 violation of the California Health and Safety Code. 18 In addition to further document conditions at the 17 Brookshire Plating, Harger and I learned that the 18 Bakersfield City Waste Water Division had a recorded 19 history of non-compliance by the Brookshire firm. Your 20 affiant subsequently contacted Wen Shi Cheung, a Waste 21 Water Supervisor for the Bakersfield City Public Works 22 Department. Cheung told me that she has a BA in 23 Horticulture with an emphasis in Chemistry and 24 additionally has an MA in Pharmaceutics. She stated that 25 she is certified in Waste Water Treatment Operations by 10 1 the State Water Resources Control Board and further 2 certified at the journeyman level as an Industrial Waste 3 Inspector by the California water Pollution Control 4 Association. She has approximately seven years of work 5 experience in the waste water field. In her capacity she 6 is responsible for the development and permitting of ? industrial waste and sewer dischargers. In her official 8 capacity she has made numerous inspections and had 9 numerous contacts with the Brookshire facility dated back 10 as far as 1987. She stated that her concern is that 11 Brookshire is a "categorical discharger." She explained 12 that this means certain categories of industries are 13 categorized by their likelihood of producing hazardous 14 by-products which might be discharged into the sewers. 15 She stated that as such the PH (a measurement of acidity 16 or alkalinity) released from such facilities tends to be 17 corrosive and if not controlled, can cause damage to 18 sewer lines. In addition she stated that metals and 19 cyanides can be released from such facilities and cause 20 toxic effects to the sewer lines. Furthermore, both of 21 these constituents ultimately can reach the sewage 22 treatment facility and either cause damage to the 23 microorganisms or result in the placement of heavy metals 24 into the sewer sludge. This placement of heavy metals 25 into the sewer sludge could ultimately result in the City 11 1 of Bakersfield having to have that material hauled to a 2 hazardous waste disposal facility. Cheung further stated 3 that part of her duties are to assure compliance with 4 E.P.A. Standards as set forth in 40 C.F.R. She stated § that these are standards for sewer pre-treatment 6 facilities and that if the City of Bakersfield does not ? enforce those standards, they would be out of compliance 8 with federal law and that inturn could cause the City to 9 suffer a loss of funding and/or fines from the Water 10 Resources Board or the Environmental Protection Agency. 11 Cheung stated that based on the above provisions, 12 Brookshire is required to turn in "semi-annual reports" 13 to the City of Bakersfield Waste Water Division. She stated that over the last five years E.P.A. has required 151 self monitoring discharge standards from "categorical 16 industries." In addition since approximately 1987, the 17 City of Bakersfield has had a compliance and permitting 18 program. She stated that Brookshire was formally 19 notified in 1987 of their previously existing duty to 20 self monitor. Cheung stated that this self-monitoring 211 included the taking and processing of waste water samples 22 and reporting the results to the City of Bakersfield. 23 Cheung stated that over the last three years she has 24 obtained additional staff and made efforts to identify 25 the categorical dischargers. In the course of her 26 12 1 official duties she has had numerous contacts with Mr. 2 Brookshire of Brookshire Plating. She told me that on 3 each occasion Brookshire has refused to self-monitor and 4 on some occasions has refused to allow City staff to take 5 accurate samples for analysis. She specifically 6 explained that he has interfered in the collection of ? accurate information by apparently modifying his process 8 to not accurately reflect his discharges into the sewer 9 when confronted by City personnel attempting to take 10 samples of his discharge. Cheung further explained that 11 industries have routine discharges based upon the levels 12 and volume of materials they discharge. She stated that 13 in older areas of town it is impossible for her staff to 14 take a discreet sample away from the facility and thereby 15 obtain an accurate record of the facility's discharge. 16 As such she or her staff must make contact at the 17 facility and request to obtain a sample from the nearest 18 known discharge point, she stated in the case of 19 Brookshire, this point-consists of a floor drain located 20 in one area of his plating works. She said that both she 21 and her Inspectors have reported that when they went to 22 take a sample from the Brookshire facility, Mr. 23 Brookshire would either increase his flow of clear water 24 in some cases or in other cases would intentionally cease 25 plating operations. She stated that as a result, the 26 13 1 information that they received was of a negligible value 2 in attempting to correlate the actual discharges by the 3 facility. Cheung stated to me that based on the number 4 of times she has attempted to obtain such samples and the 5 consistency of the above-described activity, she believes 8 that Mr. Brookshire is intentionally defeating the ? sampling process. Based upon the borderline results that 8 she has obtained during those samplings, she believes 9 that there is reasonable likelihood that if accurate 10 sampling were taking place, those samples would show that 11 Mr. Brookshire is not in compliance with E.P.A. 12 Standards; therefore, Brookshire appears to be allowing 13 various toxic materials to be released into the sewer. 14 Those materials would likely include chemicals prohibited 15 by California Law for disposal and could likely be at 18 levels that would mean Mr.. Brookshire was illegally 17 disposing of hazardous wastes into the sewer. See 18 correspondence with Brookshire attached as Exhibit "Y" 19 and Exhibit "Z" incorporated herein by reference. 20 Due to the fact 'that the Bakersfield City Waste 21 Water Enforcement Program is relatively new and the 22 uncertainty of her results, I contacted Mr. Norman 23 Cotter, the Chief Industrial Waste Inspector for the City 24 of Los Angeles. Mr. Cotter has over 20 years of 25 experience in the waste water field and has participated 14 1 in the Los Angeles County District Attorney's Hazardous 2 Waste Strike Force. 'In that capacity he has been the 3 waste water liaison person to that Strike Force. In the 4 course of his employment he has investigated numerous 5 plating shops in the Los Angeles area and has been 6 responsible for assisting in the investigation and 7 prosecution of several criminal cases involving the 8 discharge of California hazardous waste into the sewers 9 of Los Angeles by those plating shops. I reviewed the 10 information supplied by Ms. Gheung and Mr. Huey with him 11 and showed Cotter the photographs identified as Exhibits 12 "C" through "W" to this affidavit. Cotter told me that 13 based upon his training and experience it would be almost 14i impossible for Brookshire not to be disposing of 15 hazardous wastes at levels which would violate the 16 California Hazardous Waste Control Act Laws into the 17 sewers. In addition, Mr. Cotter stated that the level of 18 free cyanides is extremely hard to test for. He stated, 19 however, that in his experience such facilities release 20 residual metals at levels which exceed the California law 21 and additionally the PH level of their releases often 22 exceed hazardous waste levels. Cotter stated that based 23 upon his training and experience and after reviewing the 24 photographs attached as Exhibits "G" through "W" to this 25 affidavit, Brookshire is almost certainly in violation of 15 1 the E.P.A. pre-treatment standards and in the discharge 2 of hazardous materials into the ground through leakage 3 from containers and processing tanks that would 4 constitute hazardous waste disposal. 5 In the course of this investigation your affiant has 8 also coordinated with Captain Richard Harger of the 7 Bakersfield City Fire Arson Investigation Bureau. 8 Captain Harger is assigned as investigative liaison of 9 Bakersfield Gity Fire to the Hazardous Materials Task 10 Force. In addition to well over 300 hours of specialized 11 training in enforcement of the Uniform Fire Code 12 provisions and in investigation and prosecution of arson 13 and other Fire Code type crimes, Harger has been employed 14 as a Fire Fighter for over 22 years and has been 15! specifically involved in arson and code enforcment for 16 the last seven of those years. In conjunction with your 17 affiant, Harger has reviewed all of the above-referenced 18 information and has participated in making contact with 19 the various individuals who have provided information in 20 the course of their employment. Based upon his 21 independent review of the information, Harger told your 22 affiant that numerous misdemeanor violations of the 23 Uniform Fire Code regarding the illegal storage of 24 hazardous materials are evident at the Brookshire 25 facility. Harger further told me that based upon his 1 training and experience in fire investigation, the 2 conditions identified by Huey would create an extreme 3 danger to fire fighting personnel in the event any type 4 of fire were to occur at the Brookshire facility. 5 Specifically, the discharge of fire fighting water 6 through high pressure would almost certainly mix the 7 cyanides and acids together due to their poor storage 8 condition and close proximity. He stated that in 9 addition to the normal hazards associated with any type 10 of fire or explosion at a plating type facility, the 11 storage problems identified by Huey would create an 12 extreme danger through the possible creation of cyanide 13 gas. He stated that based upon the volume of materials 14 present and depending upon smoke and fire conditions, 15 that gas and/or chemical release combined with the other 18 unknowns at the facility could endanger the public 17 downwind for some distance. On May 24, 1989 your affiant 18 spoke with Kit Davis, Supervisor for the California 19 Department of Health Services in Fresno. Computerized 20 records of all hazardous waste manifests documenting the 21 transportation and disposal of hazardous wastes are 22 maintained via a data terminal in that office. He 23 advised that they had reviewed the records concerning 24 Brookshire and had been unable to locate any manifests 25 showing the legal disposal of hazardous waste from that 17 1 facility. In addition the U.S. Environmental Protection 2 Agency, San Francisco Office and the Department of Health 3 Services Unit responsible for maintaining E.P.A. Facility 4 I.D. Numbers required to be included in such hazardous § waste manifests were contacted. They advised that they 8 were unable to find any record of an E.P.A. I.D Number ? being issued to Brookshire. 8 In addition your affiant spoke further with Davis 9 and was advised that according to his official records 10 and data base search, Brookshire or any similar name at 11 527 East 19th Street in the City of Bakersfield has never 12 been issued a hazardous waste facility permit authorizing 13 the storage, treatment or disposal of hazardous waste for 14 that address. They further stated that all such permits 15 and applications concerning Kern County are maintained in 16 the Fresno Regional Office either in their original or in 17 the form of duplicate originals (which would also be held 18 in Sacramento.) In addition they stated that because 19 Kern County Environmental Health does not maintain an 20 active hazardous waste generator program, that their 21 Fresno District Office would be responsible for the 22 routine inspections of any authorized hazardous waste 23 generators in Kern County. As such they have no record 24 of having been requested to or inspecting Brookshire 25 Plating pursuant to the provisions of the Hazardous Waste 18 1 Control Act. 2 These various sources would normally be able to 3 identify any authorized activity by Brookshire if that 4 were on record. Based upon the negative results obtained 5 from checking these records and based upon the 6 information supplied by the officials I consulted, as 7 well as my training and experience, I believe that the 8 negative results tend to show that illegal storage or 9 disposal would likely be occurring at such a facility 10 absent any records to the contrary. 11 Furthermore, based upon all of this information, 12 your affiant would request that specialized personnel 13 assist law enforcement with the execution of this 14 warrant. 15' Your affiant has worked with Inspectors of the 18 Hazardous Materials Unit of the Bakersfield City Fire 17 Department, the Bakersfield City Waste Water Division of 18 Public Works and the Kern County Division of 19 Environmental Health. I know that they have received 20i specialized training in the proper handling, sampling, 21 storage, and disposal of hazardous materials and waste. 22 Your affiant believes that the services of these 23 Inspectors will facilitate the safe and efficient 24 execution of this search warrant and specifically with 25 regard to the collection and preservation of samples. 19 1 Your affiant requests that these said Inspectors be 2 authorized to assist in the execution of this warrant. 3 Based upon a review of all of the above information 4 and in conjunction with your affiant's training and 5 experience, I believe that the information shows there is 6 probable cause to believe that Brookshire is illegally 7 storing and/or disposing of hazardous waste including 8 sludges, heavy metals, cyanides and acids at an 9 unpermitted facility in violation of the Hazardous Waste 10 Control Act and Health and Safety Code Sections 25191 and 11 25189. It is your affiant's opinion that evidence of the 12 nature and method of such illegal storage and disposal 13 will be found at the premises of Brookshire Plating and 14 in the surrounding property and ground. 15 17 18 19 20 21 22 23 24 25 20 1 Based on the above facts, your affiant requests that 2 a daytime search warrant be issued with respect to the 3i above location for the seizure of said property and that 4 such property be held in the custody of this officer or 5 that of a Hazardous Materials Lab pursuant to California 6 Penal Code Section 1536 and/or disposed of according to ? law upon petition of this court or any of competent 8 jurisdiction. 11 HOWARD N. EDDY 12 13 .~ /,./_~ 14 Subscribed and sworn to before me this c~- day of 15 ~-¢% ~- , 1989. 19 County of Kern, State of California 20 21 22 23 24 25 26 21 "' CITY of BAKERSFIELD FIRE DEPARTMENT 2101 H STREET D S. NEEDHAM FIRE CHIEF BAKERSFILED, 93301 32~3911 JUNE 13. l'!r'.l? ~IR. BROOKSIlIRE: ~.'r~'rICE'OF VIOLATION AND SCIIEDULE FOR COHPLI,\NCE [':' TIIE iNSPECTION OF YOUR BUSINESS BROOKSIIIRES PI,A'rING, I.t~CATED AT 527 E. 19TH STREET, BAKERSFIELD, CA 93305 ON g8 TIrE FOLLOWING ItAZARDOUS MATERIALS REGULATION VI'OL.%TIONS WERE IDENTIFIED: l} INVEUTONY OF IIAZARDOUS MATERIALS IH YOUR BUS[NESS I'LAN IS I~;C~)HPLETE. A PARTIAL LIST OF ADDITIONAL HVFERIALS FOUND BUT NOT ON INVE~'ro~Y INCLUDE: CYLIHDER, ACETYLENE CYLINDER, CAUSTIC SODA, DIE CHEH, CYAH[DE. HOTOR OIL, ETC. VIOLATION OF CII. 6.96 CALIFOI~NIA IIE,~L'I'II & SAFETY CODE 25509{A)~1-4) The annual inventory form 9ha{.l incl,,He, but. shu[[ ., u~',~ be limited to, information on all of tho follo,~nc ,:hi. ch aro handled in dmmtities eo~m[ t,~ or ~ueater ~:han ~{~c. quantities 9ueeified in subdivision (a) o[' Sect:ion 25503.5: ~1) A listinm of the che,nica{ namo and common nnme~ of every hazardous substance or chemioal pro,iuct handled by the busin,ss. (2) The category of ~ast.,. inciudin~ ~eneral chemical and m~neva[ comun~[tion r~t' ,~aste listed by probable maxim~m and min[mum ,',.~ncentl'ation9, of evat'3' haZal'dOl{S ~'aste handled by the business. (3) A li~tin~ of ~he ch,.mica[ name and common eontainin~ a hazardo,~ mater-iai h~.~ndl.,t hy lite business ~hich is not o[he:.wise [}r~e,{ pu~'~,,ant (4) The maximum an, cunt of each hazut'dous material or mixture cont. ainin~ a ha~ar.r~},,s materin.[ disclosed in para~ral~h~ (1), (~). arid {:I) t:lti,.,h is hand[ed at, any one tim,~ by the busine~s ~veI' l.[lr. cou['se o[' the year. 2) BUSI.~IESS PLAN DOES NOT RECORD TIIE PROPER LOCATION OF ALL II.\Z.\RDOUS MATERIALS I{ITIIIN TIIE FACILITY. VIOLATION OF CALIFORNIA HEALTH AND SAFETY CODE, CIIAPTER 6.95, 25509(A) ]'he annual inventory form shall include, but shall ~]ot be limited to, information on all of the follo,.:in~ ~'bich are handled in quantities equal to or ~reater than the ~uantities equal to or greater than the quantities specified in subdivision (a) of Section 25503.5: Sufficient information on ho~: and ,~here the hazardous materials disclosed in DaragraDhs (1) , (2J , and (3) are handled by the business to allo,~ fire, safety, health, and other aDDroDriate Dersonnel to ureDare adequate emergency responses to Dotential releases of the hazardous materials. ALL ABOVE GROUND TANKS REQUIRE PROPER LABELS, AS WELL AS, THE BUILDING OR ROOM REQUIRES A SIGN. VIOLATION OF UFC 80.!11 ~ ~...~ (a) All ab'ore,round storage tanks, pressure vessels ~%'~,~ arid containers over 100. gallons (~ater caDacitw) r'~ermanently installed, mounted or affixed and used for ' the storage of flammable and combustible liquids, ~i'..''''~ . compressed ~ases, or hazardous chemical, s regulated by ~ .L this article, shall be identified in accordance ,~ith ! .- U.F.C. Standard No. 79-3. Labels shall confoz'm ,~ith U.F.C. Standard No. 79-3 for size and color and shall be affixed to tank, vegsel or container so as to be conspicuously visible at all times. (b) When any tank cov~ed in this section is housed ,:ithin a building, the bui]din~ shall have the ~ame hnzard identification label, in a conspicuous locatioll on the exterior of the building. Cc)N'FAINERS OF MATERIALS NOT PI~OPERLY LABELED. VIOLATION OF OSIIA 1910. 1200 (l) The chemical manufacturer, .im~o~'ter, ~.,t' 4istri~butor shall ensure that each container hazardous chemicals .[eavin~ the ,~orkDlac~ is ~abe.Led, tn~.~ed o~ marked ~ith the fo.llo~in.~ information: (~) [d,~nt~ty of the hazardo,~s chemicn[(s). (ii)Appropriate hazard ~az'nin~s; and (iii)Name and address of the chemical manufacturer, imDorte~, o~ other responsible party. (4) Except as provided in DmrmZr~Dhs (3} and ~he employer shmll ensure that e~ch container h~za~'do,,s chemicals in the workplace is labeled, or marked with the followin~ information: (i)Identity of the hazardous chemical(s} contained therein; and (ii)Aupropriate hazard ~arnin~s. (5) The employer ma~ use ~i~ns, Discards, process sheets, b~tch tickets, opermtinz procedures, or other s,ch ,~ritten materials in lieu of sffixin~ labels in,livid, ual stationary process containers, ~s lon~ as the ~iternative method identifies the containers to ~hich it is ap;)licable and conveys the information required by' paragraph (~) o,f this section to be on label. The ,.'ritten materials shall be readily accessible to the employees in their work' arem throughout each ,{ork shift. {7) The employer shall not remove of deface existin~ labels on incomin~ containers of hazardous chemicals, unless the container is immediatel5~ marked ,~ith the ~e~uired information. (8) The employer sh~ll ensure thmt labels or ofher forms of w~rnin~s are 'legible, in English, and prominently displayed on the container, or readily available in the work are~ throughout e~ch ,~ork shift. Emp.[oyers hav[n~ employees ~{ho spe~k other l~n~ua~es may :~,td the information in their lanEu&Ee to the mat,.rial T,reseltted, ss lon~ as the infommation is presented in English as well. .5) NO WA~SING FO~ EXPOSURE TO CIIEHICALS KNOWS TO CAUSE CANCE~. VIOLATION OF CAI,]FORNIA IIE.\LTH' .\.".!D $,\FET¥ CODE CHAPTER 6.6, SECT. 25219.~; Required Warnin.~ Before. Exposure To Ch~m.[ca.[s Known ;:, Ca[~e Canee~ O~ Reproductive Toxicity. No per'son in the course of doin~ business shall knowingly' and J~]temt. ion~li~, expose any individual to a chemical known to the state to c~use cancer or reproductive ~.oxicity without first givin~ clear and reasonable warnin~ fo such individual, except ms provided in Section 252'~9. 10. S) MATERIAL SAFETY DATA SIIEETS NOT AVAILABLE. VIOLATION OF OSHA 1910.12'00 (~) The employer shall maintain copies of the required material safety data sheets for each hazardous chemical in tile workplace, and shall ensure that they ':~re readily accessible durin~ each work shift to employees when they are in their work area{s) ~___ (h)(1) INFORMATION. Employees shall be informed of: (i)The requirements of this section (ii)Any operations in their work area where hazardous chemicals are present; and, °' (iii}~he location and availability of the .! written hazard communication pro,ram, includin~ th~. ~e~uired list{s) of hazardous chemicals, and material safety data sheets regui~ed by this.section. II fGIILY TOXIC MATERIALS NOT PROPERLY STORED OR SEGREGATED IN BAC~ BUILDING. VIOLATION OF UFC 80. 107 (a) Highly toxic materials shall be se~re~at, ed from o':he~ chemicals and combustible and flammable substances by st:orate out of doors or in a room or compartment ~emarated from other areas by a one-hour occut~ancy separation constructed as suecif~.ed in the guiJdin~ C,.,,]e. The storage room ~ha~.l be provided w~h adequate dry, inane facilities and natural or mechanical v,-ntitatlon to the outside atmosuhere constr,~cted ns ~ecified in the Mechanical Code. EYCEPTION: Approved storage cabinets for hazar('i~,lls mat~.rials may b~ used for limited al,proved by the chiel'. (b) l.e~ible ~arning signs and pl. acards stati.~ ~ature and lc,~.:al ion (,t' Ibc- high.l,v toxic materials ~h.~.ll I,,~ l>osl(~,l at all e~tra.c~zs to areas ~41',ere 8) PI..\T[NG TANGS PERMIT -qPII.I.AGE, ALSO TIIERE I~ERE SEVER.II. LE.~,~I,G ST~AGE DRI]HS F,F N.~TERIALS FOIIND, AND SEVEfL%I. OR I.~N(OVERI[D ~"gNTXI1;ERS ()F II.~ZARDOUS MATERIAL P~ESENT. \(_ VT()I.A'FTO~I OF IJFC 80':-]03(C) O :. D,;t',;crive conLainers ~hich permi~ 'leal[age"or sl%i.l[ag~: ~hall be disposed of o~ repaired in accordancu ~;ith r'ecc, gni.'.'.ed safe practices; no spilled material .~ha]l be a.L.lo~..~ed to accumulate on floors or shelves. 9} IIAZARDOlIS M.%TERIALS (ItASTE} IMPROPERLY LEAKING ONTO TIlE G 1,'OI IN D. ~/. ~.. VI~',LATTON OF CI1.6.5 OF TIIE CALIFORNIA IIEAI.TII AND -qAFETY CODE SECTION 25179.2 +- ,~,~..~~,~k}y~,~'~ "(el The disposal of untreated hazardous . or onto land ~ithout: adequate technical safeguard~ " . '' threatens not. onls' the qiml[ty of the state's ~ air, and ~ater resources, but 'poses a direct hazard .~ ~ ~ l',(~altll and ~al'ety I)y exposing ti~e Dub[ic to t,~ .~ that have b=en found t.o cause cancer, birth defects, ~ .%~ miscarriages, nervous di. sorder~, b.[ood diaea~e~, -~ ~. da,,,ag~ to vital organ~ and ~ 10) INADEQUATE MEASURES TO MITIGATE TIIE RELEASE OF ~" [IA'I'ERIALS FROt. I PI,ATING TANKS OR STORAGE CONTAINERS. .~ VIOLATION OF CAI.IFORNIA IlEALTtl AND SAFETY CODE CIIAPTER 6.95, l'~,~'.~ine~.~ plans ~hail include all o[' the roi Em~t,g~ncy response plun~ ai~d Drocedures ii~ t.h,-: e~'~mt .1' u report:able of I. hl'eat~ned release or' h.,.:~rd,~l.~ mai.,:ria[, incl,.ill,g, bul. nnE limiL~.:,l t~, all ~,l' t. he (I) Immediat~ notificat, io{t to the admi{)isteri]l~ agency arid to apl)r'r~Dr.k.~te Iota} rescue personnel ~l~(.{ the (2) Pr',,cm~res for th,} mLt. j.~tt threatened release to ,,inim[ze any ~otentiaL harm or d~ma~e to oersons, property', o~ Lite envtro,,ment. (3} Evacuation plans and Droeedure~, i.n~r.lud immediate notice, for the business site. T}.. above violations 1, 2, 3, I, 5, must be corrected bF' ,;,,n~_, 28, 1988. Violations 6, 7, 8, 9, 10 must be corrected h.-.,' Ju.L.v 14, 1988. Th,, del:artment will schedule a re-inspection of ~'o,.}r facilit}- to veri. f.%- compliance. If you have any <luestions re~arding ~his {totice, please contact Ralph t{uey at 32§-3979. $ EXHi : iT FEBRUARY 7, 1989 DEAR MR. BROOKSHIRE; A RE INSPECTION OF YOUR BUSINESS, BROOKSHIRES PLATING, LOCATED AT 527 E. 19th STREET, BAKERSFIELD, CA 93305 WAS MADE ON FEBRUARY 2. IT WAS APPARENT THAT ~HOUGH SOME PROGRESS HAD BEEN MADE TO SATISFY THE NOTICE OF VIOLATIONS ISSUED IN JUNE OF 1988, FULL COMPLIANCE WAS NOT ATTAINED. THESE~ VIOLATIONS ARE SERIOUS AND MUST BE CORRECTED. ~ THIS SECOND NOTICE OF VIOLATION IS INTENDED TO IDENTIFY THE CORRECTIONS THAT MUST BE MADE WITHIN 30 DAYS, (by March 10 1989). FAILURE TO COMPLY MAY RESULT IN CIVIL LIABILITY OF UP TO $5,000 PER DAY OF VIOLATION. THE CHEMICALS USED AT YOUR FACILITY MUST BE PROPERLY STORED IN SAFE NON LEAKING CONTAINERS. PROPERLY SEGREGATED, PROPERLY LABELED AND STORED IN AREAS WITH PROPER HAZARD IDENTIFICATION. SPECIFICALLY THE FOLLOWING VIOLATIONS MUST BE CORRECTED. 1) SEVERAL CONTAINERS OF HAZARDOUS CHEMICALS WERE LEAKING. THIS MUST BE CORRECTED BY RE-PACKAGING OR DISPOSAL OF THE MATERIAL. VIOLATION OF UFC 80.103(C) Defective containers which Dermit leakage or sDillage shall be disposed of or repaired in accordance with recognized safe practices; no sDilled material shall be allowed to accumulate on floors or shelves. 2) CHEMICALS IN STORAGE MUST BE PROPERLY SEGREGATED, ACID MUST NOT BE STORED IN THE SAME AREA AS YOUR CYANIDE COMPOUNDS VIOLATION OF UFC 80.107 (al Highly toxic materials snail be segregated from other chemicals and combustible and flammable substances by storage out of doors or in a room or compartment separated from other areas by a one-hour occupancy separation constructed as specified in the Building Code. The storage room shall be provided with adeauate drainage facilities and natural or mechanical ¢ ventilation to the outside atmosphere constructed as specified in the Mechanical Code. EXCEPTION: Approved storage cabinets for hazardous materials may be used for limited amounts approved by the chief. (b) Legible warning signs and placards stating the nature and location of the highly toxic materials ~ shall be posted at all entrances to areas where such ;. materials are stored or used. 3) YOUR CHEMICAL STORAGE AREA MUST BE PROPERLY IDENTIFIED. VIOLATION OF UFC 80.103~F) Visible hazard identification signs as specified in U.F.C. Standard No. 79-3 shall be placed at all entrances to and in locations where hazardous materials are stored, handled or used in quantities requiring a permit. 4) ALL CONTAINERS OF HAZARDOUS MATERIALS MUST BE PROPERLY LABELED. THIS INCLUDES STORAGE DRUMS, BOTTLES, TANKS, BUCKETS OR BAGS.----ALL CONTAINERS MUST BE LABELED. VIOLATION OF OSHA 1910.1200 (1) The chemic~ manufacturer, importer, or distributor shall en~ure that each container of hazardous chemicals leaving, the workplace is labeled, tagged or marked with' the following information: (i)Identity of the hazardous chemical(s). (ii)Appropriate hazard warnings; and (iii)Name and address of the chemical manufacturer, importer, or other responsible party. (4) Except as provided in paragraphs (3) and (4) the employer shall ensure that each con%ainer of hazardous chemicals in the workplace is labeled, tagged, or marked with the following information: (i)Identity of the hazardous chemical(s) contained therein: and (ii)Appropriate hazard ~arnings. (5) The employer may use signs, placards, process sheets, batch tickets, operating procedures, or other such written materials in lieu of affixin~ labels to individual stationary process containers, as lon~ as the alternative method identifies the containers to which it is applicable and conveys the information required by paragraph (2) of this section to be on label. The written materials shall be readily accessible to the employs in their work area throughout each work shift. (7) The employer shall not remove of deface existing labels on incoming containers of hazardous chemicals, unless the container is immediately marked with the required information. (8) The employer shall ensure that labels or other forms of warnings are legible, in English, and prominently displayed on the container, or readily available in the work area throughout each work shift. Employers having employees who speak other languages may add the information in their language to the material presented, as long as the information is presented in English as well. 5) MATERIAL SAFETY DATA SHEETS FOR ALL OF YOUR HAZARDOUS MATERIALS MUST BE MAINTAINED ON SITE. VIOLATION OF OSHA 1910.1200(G) (9) Material safety data sheets may be kept in any form, inclu~ihg operating procedures, and may be designed to cover groups of hazardous chemicals in a work area whebe it may be more appropriate to address the hazards of a process rather than individual hazardous chemicals. However, the employer shall ensure that in all cases the required information is provided for each hazardous chemical, and is readily accessible during each work shift to employees when they are in their work area(s). VIOLATION OF OSHA 1910.1200(H) (6) Chemical manufacturers or importers shall ensure that distributors and manufacturing purchasers of hazardous chemicals are provided an appropriate material safety data sheet with their initial shipment, and with the first shipment after a material safety data sheet is u~dated. The chemical manufacturer or importer shall either provide material safety data sheets with the shipped containers or send them to the manufacturing purchaser prior to or at the time of the shipment. If the material safet>~ data sheet is not provide~ with the shipment, the manufacturing purchaser shall obtain one from the chemical manufacturer, importer, or distributor as soon as possible. (h) Employee information and training. EmDlos~ers shall provide employees with information and training on hazardous chemicals in their work area at the time of their initial assignment, and whenever a new hazard is introduced into their work area. 6) ALL HAZARDOUS MATERIALS WITH QUANTITIES ABOVE THE MINIMUM REPORTING QUANTITIES MUST BE REPORTED ON YOUR HAZARDOUS MATERIALS BUSINESS PLAN VIOLATION OF CH. 6.96 CALIFORNIA HEALTH & SAFETY CODE 25509(A)(1-4) The annual inventory form shall include, but shall not be limited to, information on all of the following which are handled in quantities equal to or greater than the quantities specified in subdivision (al of Section Z5503.5: (1) A listing of the chemi~&~name and common names of every hazardous substance or chemical product handled by the business. (2) The category o'f waste, including the general chemical and mineral composition of the waste listed by probable maximum and minimum concentrations, of every hazardous waste handled by the business. (3) A listing of the chemical name and common names of every other hazardous mat~'rial or mixture containing a hazard~u~ ~at~r~.a! h~hdled by t~ ~ business which is not otherwise listed Dursuan% to paragraph (1) or (2)'. (4) The maximum amount of each hazardous material or mixture containing a hazardous material disclosed in paragraphs (1), (2), and (3) Nhich is handled at any one time by the business o~r the course of the year. VIOLATION OF CALIFORNIA.HEALTH AND sAFETY CODE, CHAPTER 6.9~'25509(A) The annual inventory form shall include, but shall not be limited to, information on all of the following which are handled in Guantities e~ual to or greater than the quantities eeual to or greauer than the Guantities specified in subdivision (a) of Section 25~03.5: Sufficient information on how and where the hazardous materials disclosed in paragraphs (1), (2), and (3) are handled by the business to allow fire, safety, health, and other appropriate personnel to prepare adequate emergency responses to potential releases of the hazardous materials. 7) YOUR BUSINESS PLAN MUST CONTAIN AN EMERGENCY RESPONSE PLAN AND PROCEDURE FOR MITIGATION OF CHEMICAL RELEASES. VIOLATION OF CALIFORNIA HEALTH AND SAFETY CODE CHAPTER 6.95, 25504(B) :~' Business plans shall include all of the following: Emergency response plans and~rocedures in the event of a reportable or threaten~ release of a hazardous material, including, but not limited to, all of the following: (1) Immediate notification to the administering agency and to appropriate local emergency rescue-personnel and the office. (2) Procedures for the mitigation of a release or threatened release to minimize any potential harm or damage to persons, property, or the environment. (3) Evacuation plans and procedures, including immediate notice, for the business site. AS WE HAVE STATED IN THE PAST OUR OFFICE IS AVAILABLE TO ASSIST YOU IN MEETING THESE REQUIREMENTS---BUT---THESE VIOLATIONS MUST BE CORRECTED. The department will schedule a .~e-ins.peetion of your~facility to verify compliance.. If Y~u have any guestion~ regavding this notice, please contact Ralph Huey at 326-3979'. Sincerely, Ralph E.Huey Hazardous Materials Coordinator EXHiBiT CITY OF BMt(ERSFIELD HAZARDOUS MATERIALS OIVISION TO: ( ) = Fire Safety Control D~TE: ~/ ~ [ ] = Kern County He~lth Department [~ = Hazardous MatePials Task FoPce ' FROM: CITY OF ~R~ERSFIELD FIRE DEPRRTMENT HAZARDOUS MflTERI~LS DIVISION ( ) H£RLTH OEP~T Hazardous ~aste - Disposal ( ) Illegal 0u~p Olscovered Hazardous Wamte - Storage ( ) Ille~Jal Transportation Waste Oil - Otspomal ( ) Underground Tank - No Permit Waste Oil - Stor~e ( ) Other Underground Tank - Illegal Installation ( ) FIRE SAFETY CONTROl ( ) Exits ( ) Sprinkler Syete~ ( ) Aisle Spacing ( ) Stand Pipe ( )' Hoods & Ranges ( > Other ( ) Fixed Ext. System(s) Hood and/or Oucts ( > AIR POLLUTION CONTROl ( ) See Reearks (//~T~K FORCE ( ) See Re~arks REMARk S: ~ [ J REINSPECTIO" INSPECTOR MEMORANDUM "WE CARE" May S, 1989 TO: Hazardous Materials Task Force FROM: Ralph E. Huey, Hazardous Materials Coordinato SUBJECT: Brookshire Pla~ing - 527 East 19th Street On Tuesday ~pril ZS, 1989 Brookshire Plating. located at East 19th S~reet ~as reinspected. This reinsDection ~as made in reference to the memo delivered by certified mail and dated March ZI, 1989 (enclosed). This memo speci{icall¥ stated that the following three items must be corrected by Friday ~pril 14, 1989. I) Your chemical storage must be properly segregated, acids must not be stored in the same area s your cyanide compounds. Z) ALL Hazardous Materials containers must be properly labeled -- This includes all drums, tanks, bottles. buckets or bags. Your Hazardous Materials business plan must be updated to include the inventory of all hazardous materials you have on hand, as ~ell as an emergency response plan including notification procedures and spill prevention. minimization and clean up procedures. Item one did show some effort and progress in cleaning up his chemical storage room. However this uae far from complete. Many small quantities of various acids and toxic materials were present as ~ell as several unidentified or unknown materials improperly stored on open wooden shelves. This is in violation of sections 80.103, 80.10~ and 80.107 o{ the U.F.C. edition>. Item t~o showed little or no progress ~ith fixed containers not labeled, drums not labeled and smaller quantities of a variety of materials no properly labeled. This is in violation of OSHA 1910-1Z~, UFC 80.10B and UFC 80.111. Item three required the business plan to be returned by ~pril 14, 1989. This plan had not been received by the time the inspection on ~pril ZS, 1989, however it uae received Thursday ~pril Z?. 1999. Page Z Brookshlre P1 at inc] In general housekeeping is ~tilt very pooc, leaking containers were observed in violation o{ UFC Sec 80. lO3. Mr. 8rookshlre has still not registered his acutely hazardous Materials in viota'tion o{ Ch G.gS Cali{ornia Health and Sa{e~y Code ~ection £553G. Ground contamination is very possible at the site, disposal o{ hazardous waste may be being accomplished illegally and many containers are being le{t open not properly secured. REH:vp ENCLOSURE S NEEDHAM BAKERS~IEL Mr. K. Brookshire 527 E. 19th Street Bakersfield, Ca. 93305 Dear Mr. Brookshire The hazardous Materials Division of the Bakersfield City Fir~ Department has a goal of assisting local businesses in meeting Hazardous Materials Regulations. However as an administerin8 concerning Hazardous Materials. To this end an original inspection was made at your facility "Brookshire Plating, located at 527 E. violations were noted in that inspection and as a result a follo~ made February 2 1989. The follow up inspection revealed several areas that still required attention and a Notice of Violation was issued. This notice covered seven (?)~ violations and specifically required correction by March 10, A third inspection conducted on March 16th showed that ver~ little progress had been made to comply. This memo is intended inform you that failure to correction these deficiencies will result in civil action with liability of up to $5,000 per day. (Per California Health and Safety Code - Chapter 6.95) Specifically the following items must be corrected by Friday April 14th or we do intend to pursue this in court. l) Your chemical storage must be properly segregated, acids must not be stored in the same area as your cyanide compounds. 2) ALL Hazardous Materials containers must be properly labeled -- This includes all drums, tanks, bottle, buckets or bags. 3) Your Hazardous Materials business plan must be updated to include the inventory of all hazardous materials you have on hand, as well as an emergency response including notification procedures and spill prevention, minimization and clean up procedures. Page 2 Brookshires Plating As always we remain willing and anxious to assist you in meeting these requirements. To be certain all items listed in the February 7, NOV must be corrected. The three items listed in this memo, however must be corrected by April 14th to avoid legal action. Sincerely Yours, lHazardous Materials Coordinator REH: vD cc: M. Kelly MEMORANDUM "WE CARE" 8pr'~ 1 S7, TO: File fiTTN: Ralph E. Huey, FROM: Ouane I~eada~s, Haz Nat Planning Technician ~UBJECT: Inspection (Follow-up) on March ~6, FRCILiTY: Brookshire Plating 527 East lgth Street ~akersfield. C8 On Thursday, March IB, 1989 at approximately ~050 hours a follow up inspection was conducted of Brookshlre PlatinG. Presen~ were Mr. Brookshire, owner of the business, Mr. Ralph Huey, Hazardous Materials Coordinator, Bakersfield City Fire Department and myself Duane Meadows, Hazardous Materials Planning Technician, Bakersfield City Fire Department. Mr. Huey asked Mr. Brookshire if the ~iolations from the February 2, ISBS inspection had been correcteO. Mr. Brookshire replied by asking myself what my job duty was. I replied by toiling him (Mr. Br~okshire> to help businesses comply with ~8 2185, Chapter 6.95 of the California Heal~h and Safety Code in filing there Business Plans, Hazardous Materials Inventory Form, Emergency Response Information, Evacuation Plans and Procedures, Training, and Risk Managemen~ and Prevention Programs for businesses ~hat handle ~cuteiy Hazardous ~aterials along with inspections. 8t that ~oint Mr. Huey asked to see the storage area and other parts of the facility. 8s we walked through the building Hr. Brookshire stated ~hat he had no Hazardous Materials and why did he have to fill out paper work. I replied that under 8.SS of Health and Safety Code that businesses must file an inventory the materials they handle which are in the reporting quantities in fact the materials he does handle were hazardous. Mr. Huey and I noted that ~he only thing that Mr. Brookshire had done was to place a sign on the door going into the storage ~rea, "Prop 85 Sign" Looking into the darken storage where the cyanide and acids were stored ~here was no change, exceDt that several 1001b fiber drums were gone. I did not ask where the drums had gone to and we left the area and headed back to the front. It appeared that no other corrections had been made open containers wi~h acids <sulfuric and hydrochloric>, base materials, sodium hydroxide and unknowns. ~s we walked out Mr. Brookshire put his hand on my shoulder and said I didn't mean get upset at you! I did not reply. The business as a whole is a one person operation that is n~t well kept. It would appear that gross contamination is ail about the ~acillty and that this individual has l~t~l~ or no regard ~ublic health and safety or the ~nvironment. · DEPARTMENT OF PUBLIC WORKS ] i501 l'ru.\tu[1 .'~.cl:u~: I,~ak,'r~!ic[d. C'ahlurma 93301 (~OS) 326-3724 DAlE HAWLEY. Manager July 1~, 1'9~ 5F'7 t'--. !':.)tin St. BakersfielO, CA ~.~ Dear Mr. A cc, moliance monitc, ring c,f ye, ur facility a~ required Federal R~gulati,:,¥'~ wa~ cc, r~duuted or~ 6-8-88 throuqh 6-10-88. Ec~clc, sed X~ a copy c,f the lab analy~e~ (Zalco ~abc, ratories, ="" ...... subn'~i t t ~d G-10-88) Ir~c. , Lab Nc,. ~=~9-1 & ~ - ~pc, r, review ,:,f the lab report it has b~en det~rrnir~md that ye. ur facility is ir, vic, latior, with the City''s Wastewater Discharge Pea-mit Nc,. 2-BK-O00~ for ~he foliowir~g compour~ds: Ar, aiysis Permit maximum Chrc, mium (total) 3.3 rog/1 1.0 rog/1 Hexavalent Chrc, miurn 3.2 rog/1. 0.6 mg/i You are aisc, ir, violatior, of Part C, No. 4 of t~e Reporting Requirements ir, your disc~arg~ permit which explains ir, dustrial user semiar, nuai reporting. Thi= provisior, is aisc, a violatic, r, c,f the 40CFR (Code c,f Federal Regulatic. r,s) 403. 12(e). Please make efforts to, c,%,rr~ct this violatic, r,s. Additic, r, al mc, r~itorir, g of your- 'facility will be required ur, til cc, mpliar, ce is verified. S~ouid you have any quest ic, r,s regarding this matter please cc, r, tact Wen-Shi Cheung or Pamela Mantor, at 32S-3938. T,',.,lX S~hulz Charlmm J. Turr,~r x OF PUBLIC Jar~uary '~5~ 527 E. igth Ba}~o'csf ~ ~-I O, CA 93205 Re: Gemi,z~'rc,-~ua i Repc.'m~ D~c~,-. Plr. Brookshi'r.~: fir~ off'c,r~ ~ar, made c,'r~ l~-~3-BB ~y We'r~-Shi Cheur~g of ghis c, ffiee ~c, re,lir~d you of your 'rep,z, rti'r~ '~quireme'r, gs z,s spe~i~imd iiq you'~ ~as~ewa~r dis~ha'r, ge permi~ No. ~-BK-O00~. Rs of ghls da~e, hc~'vo mo'b re~elv~d z~'r~y I&~c, ra~ory a'r~a~ysis of your ~g~wag~r. Accordir~g ~o 40 CFR (Code of Federal Regulatior,), Par~ 403..12. (~) <1), Categorical Ir~du~ries (~uc~ a~ ~lectroplaters) requirea ~o su~mi~ ~miannual pepo~s go ghe cor~ol augho'pi~y (City of ~akep~fi~ld). If you hav~ nc,~ cc, mple~ed you~ samplir~g requirem~ng upon ~c~ip~ of this l~r, you ~hould sampl~ you~ wasgewate'p immediately according ~o proper sampling p~c,c~ures. Th~ samples should ar~alyz~O fop cons~i~u~r,~s lis~e~ ir~ your was~wa~ep discharge If you do not submit your pepc, pt withir, forty-five (45) days o'ff ~hi~ dat~, er,'forcemer,~ action will be taken, includir, g publica~ic,'r, of ~ne violatior, ir, accorOar, ce wi~h Federal Regulatior, s. If you h~'ve any que~tior, s regardir~g ~he above, please contac~ Wer,-Shi Cheung at ~6-3~68. E.W. SCHULZ Chaele~ J. ' · Was~wat~.r Sup~'ri'r~ WSC/kmm 1 EDWARD R. JAGELS, District Attorney County of Kern 2 Michael J. Yraceburn Oeputy Oistrict Attorney 3 Consumer Fraud & Environmental Protection Unit Kern County Justice Building 4 ]2!5 Tru::tun Avenue Bakersfield, CA 93301 5 Telephone: (805) 861-242! 6 Attorney for Plaintiff 7 8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF KERN 10 . . . , · · · 11 THE PEOPLE OF THE STATE OF CALIFORNIA, ) No. ) 12 Plaintiff, ) DECLARATIONS OF ) RALPH E. HUEY, 13 vs. ) JOE CANAS AND ) MICHAEL J., 14 KENNETH L. BROOKSHIRE dba ) YRACEBURN BROOKSHIRE PLATING. ) SUPPORT OF APPLI- 15 and DOES ! through 30, Inclusive, ) CATION OF TEMPOR- ) ARY RESTRAINING 16 Defendants. ) OROER AND ORDER TO 17 ) show CAUSE DECLARATION OF RALPH E. HUEY 18 I, Ralph" E. Huey, declare as follows: 20 1. I am employed.by the Bakersfield Fire Department, Bakersfield, California. 22 2. I am employed as the Hazardous Materials 23 Coordinator of the Hazardous Material's Division. As such [ am 24 responsible for the implementation and enforcement of the laws 25 and regulations as set for pursuant to Health and Safety Code 26 Section 25100 e__~t, seq.. and the Uniform Fire Code. I have a Bachelor of Science Degree in Materials Engineering and a Master's 1 of Business Administration. I worked in.the hazardous 2 materials industry for approximately 30 years, the last two as 3 the Coordinator for the hazardous Materials Division of the 4 Bakersfield Fire Department. 5 3. Specifically, in regards to my duties as 6 hazardous Materials Coordinator. I am the custodian of records 7 for ail of the Business Plans filed within the jurisdiction of 8 the Bakersfield Fire Department including inspections of them. 9 I do follow-up inspections of all businesses such as Brookshire JO Plating that develop problems and review their handling of lJ hazardous materials. Furthermore, based on my experience and J2 review of the records in the matter of Brookshire Plating, J3 have determined that the following facts exist. 14 4. On June 6, 1989, the Kern County Hazardous 15 Materials Task Force caused a search warrant to. be served at 16 527 East 19th Street, Bakersfield, California, County of Kern. 17 A copy of this search warrant is attached hereto as Exhibit 18 "A." 19 5. That on June 6, 1989, I conducted an inspection 20 of 527 East 19th Street, Bakersfield, California, commonly 21 known as Brookshire Plating. That this inspection was to 22 determine compliance with previous letters of noncompliance 23 that had been sent out and included in the affidavit in support 24 of the search warrant that was served on this date. (Exhibit 25 "A.") 26 6. That many violations of the Uniform Fire Code had 2 not been complied with and that these violations had occurred 3 in the past year. Over this period of time the Bakersfield Fire Department had been attempting to obtain voluntary 5 compliance. 6 7. That several of the fixed storage tanks contained 7 chemical solutions of hazardous materials where not properly 8 labeled. 9 8. That hazardous materials were allowed to spill onto the ground In such a manner that it is improperly stored and, that this material was then washed into either the sewage drains or onto the gutter that exits onto the street. 9. That a search of the storage areas of 527 East 19th Street revealed that acids and cyanide compounds were not segregated and were stored in such a manner as to be extremely hazardous in the event of an explosion or fire. 10. Based on my training and experience in this area, I determined that the conditions I observed at 527 East 19th Street, Bakersfield, California, were long standing and were conditions that were not being immediately resolved by the owner/operator. 22 11. That I have observed these conditions within the 23 past year and had so notified the owner/operator of these conditions and that only minor attempts had been made to comply 25 with the previous notice of violations. (See, Exhibit "A".) 26 1 12. In the event of a hazard, or fire or other 2 emergency situation, the hazardous materials so stored and 3 improperly labeled would present an extreme threat to the 4 environmunt and/or any other individuals or to any individuals 5 who came in contact with these materials as a result of such 6 fire or emergency. 7 I declare under penalty of perjury that the 8 foregoing is true and correct to the best of my knowledge and 9 belief. 10 Executed this ' ~-_~-z~ay of July 1989, at Bakersfield, ~2 13 / ~dous .ateria! Coordinator 14, Bakersfield Fire Oepartment 15 16 17 18 ' 19 2O 21 22 23 24 25 26 4 DECLARATION OF JOSEPH CANAS 2 I. Joseph Canas, declare as follows: 3 1. I am employed as a Hazardous Materials Specialis 4 for the 'Cern County Health Department. I have been employed 5 since January. 1985. [ received a Bachelor of Science in 6 Natural Resources Management (Environmental Sciences) in 1983. ? Since then, I have received approximately 370 hours of trainin 8 in field testing, investigation and management of hazardous 9 materials. For the last three years I have worked for the Kern 40 County Hazardous Task Force at various tasks, one of which has 44 been the interpretation of the analytical results of samples 42 taken from various test sites. 43 2. On June 6, 1989, the Department of Health 44 Services participated in a search warrant at 527 East 19th 45 Street, Bakersfield, California, and that [ was the 46 Environmental Hazardous Materials Specialist assigned from the 47 Hazardous Materials Management Program to inspect said 48 property. Ay a result of that inspection. I have determined 49 the final facts exist. 20 3. That in conjunction with other members of the 24 Kern County Health Department, inspection was made and samples 22 were taken from various locations throughout the site. 23 4. The sampling was done in accordance with accepted 24 procedures for the testing of hazardous materials and hazardous 25 waste. 26 5. A total of eleven samples were taken and such samples were forwarded to the BC Laboratory, Inc. at 4100 Pierce Road, Bakersfield. California, in a sealed condition. 6. That the results of the testing of those samples are attached hereto and incorporated herein as Exhibit "B." 7. That based on my training and experience the results of the samples indicate that high levels of restrictiv hazardous waste of cyanides and heavy metals exist. 8. Furthermore, based on my training and experience and upon the review of the lab analytical results, the chemicals found in both the water and the soil have been disposed of and poses substantial present or potential hazardous to human health and the environment because they have been improperly disposed of. 9. That these materials are combinations of wastes of such quantities and concentrations, or physical, or chemica characteristics, that they pose a substantial, present or potential hazard to human health'or the environment because they were improperly treated, stored, transported, or disposed of, or otherwise managed. 10. As a result of this inspection, I caused a Notice of Violation, which reflects what I observed, to be served on Kenneth L. Brookshire, attached hereto and incorporated herein as Exhibit "C." I declare under penalty of perjury that the foregoin[ is true and correct to the best of my knowledge and belief. I Executed this day of July, 1989, at Bakersfield. 2 California. ~ /~ / Jose[th Cana~ 4 / Hazardous Materials Specialist Kern County Department of Health 5 6 7 8 9 10 11 12 13 14 15 16 17 18 ' 19 2O 21 22 23 24 25 26 1 COUNTY OF KERN, STATE.q9F "~q:l~Ot~ 39 2 6 7 8 On the basis of ~y personal ~nowledge and.on the ~ basis of other information contained in this affidavit 10 and in the attachments hereto, I, ~O~A~D N, EDDY, being 11 duly sworn, depose and say that there is probable cause 12 to believe and I do believe that the property and things ' 13 described in the search warrant are seizable within the 14 meaning of Penal Code Section 1524. 15 Your affiant, is an Investigator for the District 18 Attorney's Office, County of Kern, and in that capacity 17 has acted and obtained the following information in 18 support o~ the pet/t/on for search warrant. That 19 information includes official police reports and official 20 records and official documents attached and incorporated 21 h~"lin as Exhibits to this affidavit. 22 I believe that there is probable cause for the 23 issuance of a search warrant based on the following facts: 26 EXHIBIT 1 Your affiant, HOWARD N. EDDY, is an Investigator for 2 the D/strict Attorney and is presently assigned to 3 invest/gate hazardous materials and/or hazardous waste 4 viola~ions. Your affiant has been assigned haz-mat 5 related investigations for more than the past 8 approximately foUr years. 7 I have attended over 300 hours of specialized 8 training in the detection and investigation of these 9 crimes, as well as health and safety at hazardous 10 materials, hazardous waste and clandestine narcotics lab 11 sites. 12 That training includes an 80 hour Hazardous Waste 13 Invest/gat/on Course at the Federal Law Enforcement 14 Training Center, two 40 hour Hazardous Materials Incident 15 Operations and Mitigation Courses presented by the U.S.- 18 Environmental Protection Agency, as well as numerous 17 additional shorter schools and seminars. In addition 18 your afftar~t has assisted in teaching other Officers a 19 California 40 hour Hazardous Materials Investigation 20 Course. 21 In addition to other fire and environmental laws, 22 the following terms identified in Sections of the 23 California Health and Safety Code are applicable in my 24 determination of probable cause as set forth in this 25 affidavit. 1 The Hazardous Waste Control Law is set forth in 2 Sections 25100 et. seq~ of the Health and Safety Code. 3 The following references to code sections will be to the 4 Health and Safety Code unless otherwise noted. 5 Section 25117 defines hazardous waste as follows: 6 Hazardous waste means a waste, or combination of wastes, which because of its quantity, concentration, ? or physical, chemical or infectious characteristics may either: 8 9 (a) Cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating 10 reversible, illness. 11 (b) Pose a substantial present or potential hazard to human health or environment when 12 improperly treated, stored, transported, or disposed of, or otherwise managed... 13 Section 25113 defines "disposal" as follows: "Disposal means to abandon, deposit, inter or otherwise 15 discard waste." 16 Section 25116 defines "handling" as follows: 17 18 "Handllnq means the transporting or transferring from one 19 place to a~other, or pumping, processing, storing, or packaging .of hazardous waste, but does not include the 20 hax~dling of any substance before it becomes waste." Section 25123 defines "storage" as follows: 22 23 "Storage means the containment of hazardous wastes, 24 either on a temporary basis or for a period of' years, in 25 such a manner as not to constitute disposal or use of such hazardous waste." 26 3 EXHiI]I'T 1 Section 25123.3 defines "storage facility" as 2 follows: 3 "Storage facility means a hazardous waste facility at 4 which hazardous waste is contained for per/ods greater 5 than 96 hours at an offsite facility or for periods 8 greater than 90 days at an onsite facility." 7 Section 25123.5 defines "treatment" as follows: 8 "Treatment means any method, technique, or process which 9 changes the physical, chemical, or biological character 10 or composition of any hazardous waste or any material 11 contained therein, or removes or reduces its harmful 12 properties or characteristics for any purpose." 13 On or about 5/5/89 I received information from the 14 Bakersfield City Fire Department Hazardous Materials 15 Coordinator that his office had been investigating a firm 16 known as Brookshire Plating located at 527 East 19th 17 Street. That firm is an owner operated facility 18 conducting,a metal plating operation. In coordination 19 with Investigator Richard Harger of the Bakersfield City 20 Fire Arson Bureau, Mr. Ralph Huey, Hazardous Materials 21 ¢oor4inator for Bakersfield City Fire, provided the 22 following information. 23 Huey stated that as early as December of 1987 when 24 the Bakersfield City Fire Hazardous Mater/als Business 25 Plan Program was first getting on line, a request for a 26 4 1 business plan was sent out to Brookshire pursuant to 2 Chapter 6.95 of the California Health and Safety Code. A 3 completed application was subsequently received by the 4 City from Brookshire, however, it had numerous 5 deficiencies and failed to address a large part of the 8 requirements. In an effort to obtain compliance, various 7 phone calls and contacts were made with the company and 8 on or about 6/10/88 an inspection was conducted. During 9 that inspection conducted by Huey, he observed numerous 10 violations of the Health and Safety Code as well as the 11 .Uniform Fire Code. On 6/13/88 Mr. Huey wrote a notice of 12 violation letter to the firm outlining various violations 13 relative to the Health and Safety Code. See Exhibit 14 "A" attached and incorporated herein by reference. 15 Huey told me that due to the newness of the program 16 and their desire to assist businesses 'with coming into 17 compliance, his notice of violation letter was only 18 directed towards specific fire violations his program was 19 responsible for. Huey told me that additional telephone 20: cmlls and communications were made with subject 21 Brookshire in a continued effort to further gain 22 compliance. Those communications were made throughout 23 the year 1988. 24 On or about February 2, 1989 Huey again inspected 25 the Brookshire, facility and subsequently completed 26 5 1 another "second notice of violation" letter to Mr. 2 Brookshlre dated February ?, 1989 outlining his continued 3 failure to comply with Bakersfield City Fire Hazardous 4 Materials Program outlined in Chapter 6.95 of the Health 5 and Safety Code. See Exhibit "B" attached and 6 incorporated herein by reference. According to that 7 letter, Huey indicated that serious violations were 6 noted. In an effort to urge the facility to come into 9 compliance, he gave a 30 day time-frame ending March 10, 10 1989. In that notice he states, "Several containers of 11 hazardous chemicals were leaking. 'This must be corrected 12 by repackaging or disposal of the material." In addition ' 13 Huey indicated to me that highly toxic materials were 14 still not properly stored or segregated in the back of 15 the building. Huey identifies various acid and cyanide 16 chemicals which were illegally stored in close proximity 17 and in a dangerous manner. In addition Huey stated that 18 plating tan~s permit spillage and also there were still 19 several leaking storage drums of materials found. In an 20 effort to document the conditions he had observed during 21 this subsequent inspection, Huey also took numerous photographs showing the containers and problems he 23 observed. Those photographs are included as Exhibits "C" 24 through "W" to this affidavit and are incorporated herein 25 by reference. EX?!IBIT _ _ 1 On or about March 16, 1989 yet another follow-up 2 inspection was conducted by Huey of the Bakersfield City 3 Fire Hazardous Mater/als Division. It should be noted 4 that Huey had subsequently hired an additional 5 Technician, a Mr. Duane Meadows, who had previous 8 experience in the hazardous waste clean-up industry. 7 Meadows accompanied Huey on the March 16th inspection and 8 in addition to those observations previously made by 9 Huey, Meadows told me that in his opinion it would appear 10 that gross contamination is present on large areas of the 11 facility. This terminology is used to explain incidents 12 where hazardous waste contaminates various areas. Gross 13 contamination clearly indicates potential quantities well 14 beyond those expected in the normal legal course of 15 business. In addition Huey and Meadows noted that very 18 little progress had been made pursuant to their office's 17 notice of .violations and requests for corrections 18 previously Identified. 19 As a result, yet another letter was submitted to Mr. 20 Brookshtre dated March 21, 1989 which identifies various 21 hazards observed and indicates that corrective action 22 must be taken by Brookshire Plating in order to avoid 23 possible legal action. 24 On April 25, 1989 yet another retnspectton of the 25 Brookshtre facility was made by Huey. As a result of 26 ? EXHIBIT 1 that inspection a referral memorandum was generated to 2 the Hazardous Materials Task Force by Huey. That 3 memorandum was dated 4/25/89. A follow-up memorandum 4 dated ~ay 5, 1989 was subsequently submitted via Captain 5 Harger which further detailed his findings. That 8 memorandum states that during the inspection on April 7 25th, numerous of the previously identified serious 8 problems had still not yet been corrected. In addition 9 the memo ends with a statement that "ground contamination 10 is very possible at the site and that disposal of 11 hazardous waste may be being accomplished illegally." 12 That memorandum is attached as Exhibit "X" and 13 incorporated herein by reference. In an effort to obtain 14 follow-up information, both Mr. Huey and Mr. Meadows were 15 interviewed. Huey again stated that although he observed 18 numerous violations which appear to be extremely serious 17 in nature, no referrals were made outside his office 18 until approximately April 25, 1989 because of their 19 continuing efforts to obtain voluntary compliance. Once 20 it was c/ear that this voluntary compliance appeared to 21 be impossible to obtain in a timely manner, the 22 information was turned over to Fire Investigation Bureau 23 personnel for referral to my office. 24 Subsequent conversations with Huey indicated that he 25 has been the Hazardous Materials Coordinator for the City 8 1 of Bakersfield for the last approximately two years; that 2 in that capacity he 'holds a BA Degree in Materials 3 Engineering from the University of Pittsburg, as well as 4 an MB~I from the University of Duquesne. Previous to 5 being employed by the City of Bakersfield, Huey was 8 employed by the Pacific Southern Foundry Company and has 7 approximately twenty years of management experience in 8 the field of metals production including being 9 responsible for handling of hazardous materials. Based 10 on his training and experience, Huey stated that although 11 he is not fully familiar with all the criminal disposal 12 provisions of the Hazardous Waste Laws, in his capacity 13 he is directed to specifically enforce the provisions of 14 the Hazardous Materials and Business Plan as identified 151 in Chapter 6.95 of the Health and Safety Code and 16 Division 80 of the Uniform Fire Code and has attempted to 17 obtain compliance in his official capacity.. 18 I subsequently spoke with Mr. Duane Meadows who was 19 recently hated by the City of Bakersfield as a Technician 20 in the Hazardous Materials Office. Meadows stated that 21 he has completed numerous general education courses 22 towards an AA Degree and was previously employed as a 23 Field Supervisor for the IT Corporation. In that 24 capacity he oversaw hazardous materials and hazardous 25 waste clean-ups in conjunction with state and federal 26 9 1 authorities. Meadows has also completed in-service 2 training consisting of various 40 hour hazardous waste 3 classes and he has instructed in hazardous mater/als at 4 Bakers~ield College. By virtue of his training and 5 experience and in addition to the Hazardous ~.~9~ials 8 Control Act, Meadows is more familiar with the particular 7 provisions of the Hazardous Waste Laws. 8 Meadows told me that based on his training and 9 experience in conjunction with his observations, he 10 believes that several of the items identified in the 11 'previous notices of violation attached as Exhibits to 12 this affidavit and depicted in the photographs attached 13 as Exhibits "C" through "W" of this affidavit constitute 14 disposal of hazardous waste at an unauthorized point in 15 violation of the California Health and Safety Code. 18 In addition to further document conditions at the Brookshire Plating, Harger and I learned that the 18 Bakersfield City Waste Water Division had a recorded 19 history of non-compliance by the Brookshire firm. Your 20 affiant subsequently contacted Wen Shi Cheung, a Waste 21 Wa~e= Supervisor for the Bakersfield City Public Works 22 Department. Cheung told me that she has a BA in · 23 Horticulture with an emphasis in Chemistry and 24 additionally has an MA in Pharmaceutics. She stated that 25 she is certified in Waste Water Treatment Operations by 26 10 1 the State Water Resources Control Board and further 2 certified at the journeyman level as an Industrial Waste 3 Inspector by the California Water Pollution Control 4 Association. She has approximately seven years of work 5 experience in the waste water field. In her capacity she 8 is responsible for the development and permitting of ? industrial waste and sewer dischargers. In her official 8 capacity she has made numerous inspections and had 9 numerous contacts with the Brookshire facility dated back 10 as far as 1987. She stated that her concern is that 11 Brookshire is a "categorical discharger." She explained 12 that this means certain categories of industries are 13 categorized by their likelihood of producing hazardous 14 by-products which might be discharged into the sewers. 15 She stated that as such the PH (a measurement of acidity 16 or alkalinity) released from such facilities tends to be 17 corrosive and if not controlled, can cause damage to 18 sewer lines. In addition she stated that metals and 19 cyanides can be released from such facilities and cause 20 toxic effects to the sewer lines. Furthermore, both of 21 these constituents ultimately can reach the sewage 22 treatment facility and either cause damage to the 23 microorganisms or result in the placement of heavy metals 24 into the sewer sludge. This placement of heavy metals 25 into the sewer sludge could ultimately result in the City 28 11 1 of Bakersfield having to have that material hauled to a 2 hazardous waste disposal facility. Cheung further stated 3 that part of her duties are to assure compliance with 4 E.P.A. Standards as set forth in 40 C F R. She stated 5 that these are standards for sewer pre-treatment 8 facilities and that if the City of Bakersfield does not ? enforce those standards, they would be out of compliance 8 with federal law and that inturn could cause the City to 9 suffer a loss of funding and/or fines from the Water 10 Resources Board or the Environmental Protection Agency. 11 Cheung stated that based on the above provisions, 12 Brookshire is required to turn in "semi-annual reports" 13 to the City of Bakersfield Waste Water Division. She 14 stated that over the last five years E.P.A. has required 15 self monitoring discharge standards from "categorical 16 industries." In addition since approximately 1987, the 17 City of Bakersfield has had a compliance and permitting 18 program. ,She stated that Brookshtre was formally 19 notified in 1987 of their previously existing duty to 20 self monitor. Cheung stated that this self-monitoring 21 included the taking and processing of waste water samples 22 and reporting the results to the City of Bakersfield. 23 Cheung stated that over the last three years she has 24 obtained additional staff and made efforts to identify 25, the categorical dischargers. In the course of her 12 , nlP_,IT., 1 official duties she has had numerous contacts with Mr. 2 Brookshire of Brookshire Plating. She told me that on 3 each occasion Brookshire has refused to self-monitor and 4 on somo occasions has refused to allow City staff to take 5 accurate samples for analysis. She specifically 8 explained that he has interfered in the collection of 7 accurate information by apparently modifying his process 8 to not accurately reflect his discharges into the sewer 9 when confronted by City personnel attempting to take 10 samples of his discharge. Cheung further explained that 11 industries have routine discharges based upon the levels 12 and volume of mater/als they discharge. She stated that 13 in older areas of town it is impossible for her staff to 14 take a discreet sample away from the facility and thereby 15 obtain an accurate record of the facility's discharge. 18 As such she or her staff must make contact at the 17 facility and request to obtain a sample from the nearest 18 known dis~harge point. She stated in the case of 19 Brookshire, this point consists of a floor.drain located 20 In one area of his plating works. She said that both she 21 and her Inspectors have reported that when they went to 22 take a sample from the Brookshire facility, Mr. 23 Brookshire would either increase his flow of clear water 24 in some cases or in other cases would intentionally cease 25 plating operations. She stated that as a result, the 26 15 EXHIBIT., / - 1 information that they received was of a negligible value 2 in attempting to correlate the actUal discharges by the 3 facility. Cheung stated to me that based on the number 4 of times she has attempted to obtain such samples and the 5 consistency of the above-described activity, she believes 8 that Mr. Brookshire is intentionally defeating the 7 sampling process. Based upon the borderline results that 8 she has obtained during those samplings, she believes 9 that there is reasonable likelihood that if accurate 10 sampling were taking place, those samples would show that 11 Mr. Brookshire is not in compliance with E.P.A. 12 Standards; therefore, Brookshire appears to be allowing 13 various toxic materials to be released into the sewer. 14 Those materials would likely include chemicals prohibited 15 by California Law for disposal and could likely be at 18 levels that would mean Mr. Brookshire was illegally 17 disposing of hazardous wastes into the sewer. See 18 correspondence 'with Brookshire attached as Exhibit "Y" 19 and Exhibit "Z" incorporated herein by reference. 20 Due to the fact that the Bakersfield City Waste 21 Wmter Enforcement program is relatively new and the uncertainty of her results, I contacted Mr. Norman 23 Cotter, the Chief Industrial Waste Inspector for the City 24 of Los Angeles. Mr. Cotter has over 20 years of 25 experience in the waste water field and has participated 26 14 1 in the Los Angeles County District Attorney's Hazardous 2 Waste Strike Force. In that capacity he has been the 3 waste water liaison person to that Strike Force. In the 4 course~ of his employment he has investigated numerous 5 plating shops in the Los Angeles area and has been 6 responsible for assisting in the investigation and 7 prosecution of several criminal cases involving the 8 discharge of California hazardous waste into the sewers 9 of Los Angeles by those plating shops. I reviewed the 10 information supplied by Ms. Gheung and Mr. Huey with him 11 and showed Cotter the photographs identified as Exhibits 12 "C" through "W" to this affidavit. Cotter told me that ' 13 based upon his training and experience it would be almost 14 impossible for Brookshtre not to be disposing of 15 hazardous wastes at levels which would violate the 16 California Hazardous Waste Control Act Laws into the 17 sewers. In addition, Mr. Cotter stated that the level of 18 free cyanides is extremely hard to test for. He stated, 19 however, that in his experience such facilities release 20 residual metals at levels which exceed the California law 21 and additionally the PH level of their releases often 22 exceed hazardous waste levels. Cotter stated that based 23 upon his training and experience and after reviewing the 24 photographs attached as Exhibits "O" through "W" to this 25 affidavit, Srookshtre is almost certainly in violation of 26 15 EXHIBIT ~ ths E.P.A. pre-treatment standards and in the discharge 2 of hazardous materials into the ground through leakage 3 from containers and processing tanks that would 4 consti~ute hazardous waste disposal. 5 In the course of this investigation your affiant has 8 also coordinated with Captain Richard Harger of the 7 Bakersfield City Fire Arson Investigation Bureau. 8 Captain Harger is assigned as investigative liaison of 9 Bakersfield City Fire to the Hazardous Materials Task 10 Force. In addition to well over 300 hours of specialized 11 training in enforcement of the Uniform Fire Code 12 provisions and in investigation and prosecution of arson 13 and other Fire Code type crimes, Harger has been employed 14 as a Fire Fighter for over 22 years and has been 15 specifically involved in arson and code enforcment for 18~ the last seven of those years. In conjunction with your 17 affiant, Harger has reviewed all of the above-referenced 18 information-and has participated in making contact with 19 the. various individuals who have provided information in 20 the course of their employment. Based upon his 21 independent review of the information, Harger told your 22 affiant that numerous misdemeanor violations of the 23 Uniform Fire Code regarding the illegal storage of 24 hazardous materials are evident at the Brookshire 25 facility. Harger further told me that based upon his 16 EXHIBIT 1 training and experience in fire investigation, the 2 conditions identified by Huey would create an extreme 3 danger to fire fighting personnel in the event any type 4 of fire were to occur at the Brookshire facility q · 5 Specifically, the discharge of fire fighting water 8 through high pressure would almost certainly mix the 7 cyanides and acids together due to their poor storage 8 condition and close proximity. He stated that in 9 addition to the normal hazards, associated with any type 10 of fire or explosion at a plating type facility, the 11 storage problems identified by Huey would create an 12 extreme danger through the possible creation of cyanide 13 gas. He stated that based upon the volume of materials 14 present and depending upon smoke and fire conditions, 15 that gas and/or chemical release combined with the other 18 unknowns at the facility could endanger the public 17 downwind for some distance.' On May 24, 1989 your affiant 18 spoke with Kit Davis, Supervisor for the California 19 Department of Health Services in Fresno. Computerized 20 records of all hazardous waste manifests documenting the 21 transportation and disposal of hazardous wastes are 22 ~aintained via a data terminal in that office. He 23 advised that they had reviewed the records concerning 24 Brookshire and had been unable to locate any manifests 25 showing the legal disposal of hazardous waste from that 17 EXHIBIT 1 facility. In addition the U.S. Environmental Protection 2 Agency, San Francisco Office and the Department of Health 3 Services Unit responsible for maintaining E.P.A. Facility 4 I.D. ~mbers required to be included in such hazardous 8 waste manifests were contacted. They advised that they 8 were unable to find any reCord of an E.P.A. I.D Number 7 being issued to Brookshire. 8 In addition your affiant spoke further with Davis 9 and was advised that according to his official records 10 and data base search, Brookshire or any similar name at 11 527 East 19th Street in the City of Bakersfield has never 12 been issued a hazardous waste facility permit authorizing 13 the storage, treatment or disposal of hazardous waste for 14 that address. They further stated that all such permits 15 and applications concerning Kern County are maintained in 16 the Fresno Regional Office either in their original or in 17 the form of duplicate originals (which would also be held 18 in Sacramepto.) In addition they stated that because 19 Kern County Environmental Health does not maintain an 20 active hazardous waste generator program, that their 21 Fresno District Office would be responsible for the 22 routine inspections of any authorized hazardous waste 23 generators in Kern County. As such they have no record 24 of having been requested to or inspecting Brookshire 25 Plating pursuant to the provisions of the Hazardous Waste 26 1 Control Act. 2 These various sources would normally be able to S identify any authorized activity by Brookshire if that 4 were on4record. Based upon the negative results obtained 5 from checking these records and based upon the 8 information supplied by the officials I consulted, as ? well as my training and experience, I believe that the 8 negative results tend to show that illegal storage or 9 disposal would likely be occurring at such a facility 10 absent any records to the contrary. 11 Furthermore, based upon all of this information, 12 your affiant would request that specialized personnel 13 assist law enforcement with the execution of this 14 warrant. 15 Your affiant has worked with Inspectors of the 18 Hazardous Materials Unit of the Bakersfield City Fire 17 Department, the Bakersfield City Waste Water Division of 18 Public Works and the Kern County Division of 19 Environmental Health. I know that they have received 20 sPeCialized training in the proper handling, sampling, 21 storage, 'and disposal' of hazardous materials and waste. 22 Your affiant believes that the se=vices of these 23 Inspectors will facilitate the safe and efficient 24 execution of this search warrant and specifically with 25 regard to the collection and preservation of samples. 26 19 EXI, iiBIT ./ _ 1 Your affiant requests that these said Inspectors be 2 authorized to assist in the execution of this warrant. 3 Based upon a review of all of the above information 4 and in conjunction with your affiant's training and 5 experience, I believe that the information shows there is 8 probable cause to believe that Brookshire is illegally 7 storing and/or disposing of hazardous waste including 8 sludges, heavy metals, cyanides and acids at an 9 unpermitted facility in violation of the Hazardous Waste 10 Control Act and Health and Safety Code Sections 25191 and 11 25189. It is your affiant's opinion that evidence, of the 12 nature and method of such illegal storage and disposal ' 13 will be found at the premises of Brookshire Plating and 14 in the surrounding property and ground. 15 18 17 19 20 21 24, 25 2O 1 Based on the above facts, your affiant requests that 2 a daytime search warrant be issued with respect to the 3 above location for the seizure of said property and that 4 such property be held in the custody of this officer or 5 that of a Hazardous Materials Lab pursuant to California 8 Penal Code Section 1536 and/or disposed of according to 7i law upon petition of this court or any of competent 8 jurisdiction. 10 " ; ~. /'" 14 Subscribed and s~orn to before me th~s__.,__:,~. ..... ~ay of 17 ~, .. 19 County of Kern, State of California 20 21 22 23 24 25 26 2! EXHIBIT CITY of BAKERSFIELD "WE CARE" $ hIEEDHAM 210! H STnEET FIRE CHIEF 8AKERSFILEO. ;}3.101 32&39~ JUNE 13, I,r,[~ 'Ir~. BROOKSIIIRE: ;;,'rlCF. oF VIOLATION AND SCItEDULE FOR COMPLIAHCE ["' TII~ iN~PECTIO~ OF YOUR BUSIN~S~ BROOKSHI~ES PI.ATING, [.' '.' ~.T~D aT ~2T ~. 19TH STREET BMiEESFIELD CA 9 .... ' .... 05 ON ~8 TIlE FOLLOWING HAZARDOUS MATERIALS REGULATION VI'OL~TIONS WERE IDENTIFIED: l~ [..~K..TOR~ OF IIAZARDOU9 MATERIALS IH YOUR BUS[HESS I'I,AM IS [>:ct~HPLETE. A PARTIAL LIST OF ADDITIONAL HVrER[:ILS FOUND BUT NOT ON .[NVFN'FoRy [N~'L!'DE: r~XV';EH CYLI~IDER. 'ICETYLENE CYLINDER. oAUSTIC SOD~. DIE C{{Etl, CYANIDE, MOTOR OIL, ETC. VIOLATION OF CI{. ~.96 CALIF~YRNIA HI'7.IL'I'H · SAFETY CODE 25509{A){I-41 The annual inventorr t'orm ,ha{.l inct,,do, bt,~ ,',~ be limited to, information on ail of tho ,.'hich ar~ handled in dm.~nti.~ies eh,mi ~n ~- ~roac~r "hah ~{~': ~,antitics sUmcified in mubdivision {al o{' Soction 35~03.5: ' '{I} A listin~ of ~he ch-mical nam- and common nnme~ of em'eu~- hazardous substance or chem{.~'81 nro,iuct handled by tho husin.ss. (2} The cat. emory c,f wast., inciudin~ · elLeral chemical and mi,t,~.aL comoosLti~)n r~t' tb,~ uaste listed by D~okm~[, maximum and minimum "'.'ncentrations, of every hazal'do~ls waste han,t[e,t by the business. (3) I listinl of the ch,'mica[ nam, and montainin~ m hazRrdo~s material har~dl-,i h~- bu~irte~s which is ~(,~ o~her, wi~e ~ }efe,l rm~'-,~ant EXHIBIT {4) The ma×imum ~mount of each mater~aI or mL~tLJL"p. ';or~tr~n~n~ a di..~closed in Para~rar,t,~ ¢l). (2}. at,d hand[ed at. ariS' ~,rle tim,, b.v ~he busine~<~ course o~' the .year. BI.'~[~:~7$S PLAN DOES NOT RECORD TIIE PROPER LOC.\T[~.~N OF .\LL II.\=\RDOUS .~I,\TER/ALS iCZ'rtlrN TIlE FACILITY. VIOLATION OF C.\LiFORN[,\ HEALTH AND SAFET%' CODE, CIlAPTER 6.95, 2551)9(Al The annual inventor.v form shall include, but ~hall rot be limited to, information on all of the ~'hich are handled in c{uantities e~ual to or ~reater than ~he c;uantities equal to or ~reater tha~ the ~,,antities ~Decified in subdivision (a} of Section .qufficient information on ho~ and ,~'he~e the hazardous materials discJosed in uara~raDhs {I), and (3! are handled by the business to allo~ Fir., ~nfet..v, health, and other auurouriate Personnel to r>rer~are adequate emerwency responses to Potential releases of the hazardous materials. ALL ABOVE [;ROUND TANKS REQUIRE PROPER LABELS, AS WELL AS. THE BUILDING OR ROOH REQUIRES A SIGN. VIOLATION OF UFC 80.111 ,;,~, ~ -, (a) All ab'ore,round st. ora~e tanks, ore.~sure vessel9 ~ - '~,~ ,?rid cnntainer.~ over lO0. ~311ons (~vater caoacit~-) r;ermanentl.%- installed, mounted or of fi:ced and used for ~,,.~\~ ~he storage of flammable and combustible liquids. '*, . commre.~sed ~ases, or hazardous chemicals regulated b this az:title, shall be identified in accordance ,;itl / ;~' U.F.C. Sta~mdard No'. 79-3. Labels shall .conform ,vith U.F.C. Standard No. 79-3 t',~r si=e and color and shall be affixed to tank, ,.~r container so as to be consDicuousl~, visible at all t Jmes. . (b) When an.~ tank covered in this section is housed ,:ithin a building, the b~,ildin~ shall have the ~ame Lazar,.{ identification label, in a conspicuous location the exterior of the building. 'r~i'F..\[NERS OF ~L2TERf..\LS NOT PROPERLY LABELED. VIOL,\TION OF O$IIA l~lO. 1 ( I I The ~hemical manut'n~t~r~r, im~,o~ ~r, ,,[. 4L~rributor shal.[ ensure that each h~tmlr,lou9 ehemi,tal9 [eavin~ the ~vorknluc~ i~ ~qheL~d. ~.n~od or marked ~¢ith the foilo~in~ int'orm;~ti,,n: (iiiApDroortate h~zard ~az'ninzs; and (iiiiName and address of ~he chemical mar, ufac:uver, imuorCer, or ocher resuonsibl~ Daz'~F. ( 4 ) Except as provided in paramrauhs ( 3 emmio~er shall ensure that each container of h~zurdu,,~ chemicals in the ,~orkolaem is labeled, ta.z~ed. marked ~ith the follo-ini information: (i)Identit~ of the hazardous chemical contained therein; and (ii)Appropriate hazard ~arnines. . (5) The employer ma.v use ~iins, placards, ~h~et9, batch tickets, oueratinz ~roee,iur~s, or other ~,ch ,~ritLen materials in lieu of affixinm lab, lm to ln,liv/dual sr. ationar~ ~roeems containers, alternative method identii'i,m the containers a~ulicable and conveys the information reauired b~- uara~Fauh (2) o~ t. his section to be on [ab~l. The ., ,;~'itt~n materials shall be readily accessible to the emmio~-ees in their ~ork'area Lhrouzhout each ~vork shift. (7) The employer shall not remove of de/'ace e~:imti~l labell on incominm containers of hazardous ,~hemieuise unlesm the eont. niner is immediately, marked ,~ith the required information. 18{ The employer shall ensure that label9 or other formm of ~arninim are legible, in inilimh, and orominenti~ dis~lave.d on ~he container, or readily a~'ailable in the ~ork area throughout each ~vork ~hii't. Em,[oyers hmvine emvloyees -ho speak other ia~uazes ma~. the information in their lanmua~ to the mat,,rial ~,resenLed, ms lonl as t. he information EXHIBIT 3 WARNING FOR EXPOSURE TO CllE,~IICALS KN¢)WN TO C \Nr'IZR. V~OLATIO:} OF C.\I. IFORNIA HE.\LTU CODE CHAPTER 6.6, SECT. 25219.6 '', C;xu~e Cancer Or ReDroductiv. Toxicity. ~o Der~,',n ill the ':~ur~e of doin~ busines~ shall knot~[n=lx and Jn~ntiohally expose any individual to a chemical known t.',., th,. state to cause cancer o~ ~eD~oductive to>cioitv ,.'ithout ['i~st ~ivin~ clea~ and reasonable warnin~ to such individual, except as provided in Section 252~9.[0. FI.'%TERIAL SAFETY DATA SIIEETS NOT AVAILABLE. VIOLATION OF OSHA 19[0.1200 (=) The emmloYe~ shall maintain copies of the required material safety data sh.ets fo~ each Imzardous ch-mical in the workplace, and shall ensure ar,. r-adily accessible duuin~ each t{ork shift to ~muloyees when they are in their work area(s) {h)(1) INFORMATION. Employees shall b. informed of: (i)The requirements of this mection (ii)Any oDeFation$ in thei~ work area ,;here hazardous chemicals are m~esent; and, " (iii),The location and availability of the written hazard communication inc[udin~ th~. ~e~uiued list(9') of hazardous eh.mieals, and material safety data ~tieets required b~ this section. ll fGl;LY TOXIC MATERIALS NOT PROPERLY STORED OR SEGREGATED IN BACK BUILDINg. VIOLATION OF UFC 80. 107 (a) Highly toxic materials shall be s.~re~ated from other chemicals a.d combustible and flammable substances by storage out of doors cc in m room or compartme.t geoa~ated from other a~eas bw a one-hou= occupancy seDaratio~ constFucted us ~Decified in the D,,i/din~ C,,,{e. The sto~a~e ~oom ~hsll be provided dc~tina~e facilities and natural o~ mechanical v"-~'i[.at,[on to the outside a{.mosuheFe co~str,~ct.4 ~'De('ifie,l in the Mechanical EXHIBIT ,, E\'OEPTION: a~pvc, ve,i b) th~ ~hi~l'. " {b) [.~]ble ~a~ninq si~ns and ~Jacards st~t~,~ t[;,- nut,~L'e ,ln,i J,,~.ul ion L~.~',~[~:G STC,~.',GE ~I;1~1~ C,F ?I~T~'[.~L.S FOI~ND AND OR {rh(;',VERi:[} ~HT~[,.Ef,~ ~F II~Z.'~RDOI/S HATERIAL PRESE~T. VI~H..VI'TO'] ()F rIFe: ~Jo'.'-lO3{C} D,:t',~criwe container~ ~hich pe~'mi~ ieakage.'or ai~t.lla~.-~ ~hall he disposed of or repaired in accordaa,:~ ~;~1, r,':~.c,.~li~ed safe Practices; no ~pllled mater, iai ~hajl b,: allowed to Acclu~uJ~te Oil f]oot~ or II.-~ZARD~I/S H~TEIIIA[.S {WASTE) [HPROPERLY LEAKIMG ONTO TIlE VIC*LATTON OF CI1.6.5 OF TIlE CALIFORNIA IIE.tI.TII AND ~AFETY CODE SEC'TtON 2~179.2 "lei The dia~o~l of un~te~ed haz~vdou~ onto land without udeqtiate technical threaLen~ not only the q~lal [ty of the statc'~ iai,d, ~,it', and ~[ter r'es~urce~, but pose~ a d[i'ect hazat'.t t~ h~aith ,tnd ~at'ety by e:.po~ing the public to theft have b=~:n found to cauae callcer, birth m[~car'riage~, net'v~us di~ocders, blood dia~aa=~, .,~,,I [NADEQI]ATE'HE~URES TO MITIGATE TIlE RELEASE OF /IA'I'ERI.~I.S FROH PI,ATING TANI{S OR STORAGE CONTAINERS. VIOLATION OF C.%I.IFORNIA HEALTH AND SAFETV CODE CHAPTER 8.9~, 2~04{B} harm or d;~ma~e to persons, env i r o),ment. ' (:)) Evacuation plans and oro~ed,~r~. immediate notice, for the business site. lU. ah,>v,, violations 1, 2, 3, 1, 5, must be corrected b)' .;,,fl~., L'H, 1.9118. Violations 6, 7, 8, 9, I0 must be corrected ~,~ ,ruL,v 14, 1988. TI .... ~e~:artment will schedule a re-tnsnection of 7o,,r ~ac[lity t,~ yeti. fy compliance. If you have any questions re~ardin~ ~h[s uotice, please contact Raloh iIuey at 326-3979. /~ L~q~ E.Ilue). '[nT, t','~n,4s Materials Coordinator E;)-Giioi [' _ ?? - FEBRUARY 7, [989 DEAR >iR. BRCDKSHIRE: A RE INSPECTION OF YOUR BUSINESS, BROOKSHIRES PLATING, LOCATED AT 52? E. 19th STREET, BAKERSFIELD, CA 9330~.WAS MADE ON FEBRUARY 2. IT WAS APPARENT TI{AT ALTHOUGM SOME PROGRESS HAD BEEN MADE TO SATISFY THE NoTIcE OF~ VIOLATIONS ISSUED IN JUNE OF 1988, FULL COMPLIANCE WAS NOT ATTAINED. THESE VIOLATIONS ~RE sERIous AND MUST BE CORRECTED. THIS SECOND-NOTICE OF VIOLATION IS INTENDED TO IDENTIFY THE CORRECTIONS THAT MUS~-BE MADE WITHIN 30 DA~S,~ (b~ March 10 1989). FAILURE TO.COMPLY MAY RESULT IN C~'VIL.'LIA~LITY OF UP TO $5,000 PER DAY OF VIOLATION. THE CHEMICALS USED AT YOUR FACILITY MUST BE PROPERLY STORED IN S~FE~ NON LEAKING CONTAINERS. PROPERLY SEGREGATED, PROPERLY LABELED AND STORED !N AREAS WITH PROPER HAZARD IDENTIFICATION. SPECIFICALLY THE FOLLOWING VIOLATIONS MUST BE CORRECTED. 1) SEVERAL CONTAINERS OF HAZARDOUS CHEMICALS WERE LEAKING. THIS MUST BE CORRECTED BY RE-PACKAGING OR DISPOSAL OF THE MATERIAL. VIOLATION OF UFC 80.103(C) Defective containers which permit leakage or spillage shall be disposed of or repaired in accordance with recognized safe practices; no soilled material shall be allowed to accumulate on floors or shelves. 2) CHE?~ICALS IN STORAGE MUST BE PROPERLY SEGREGATED, ACID MUST NOT BE STORED IN ?ItE SA~IE AREA AS YOUR CTANIDE CO>!POUNDS " VIOLATION OF UFC 80.107 (a; Hi~hl~' toxic materials snail be segregated from other chemicals .tnd ~omoustib!e :~nd fl.2mmable su~ssances by storage ou5 of doors or in a ~oom oF comDarqmenZ separated from other areas bF a one-hour occuoanc? seDarstion constructe~ as specified in the Building Code. The storage, room shall be Drovldec with adeGuate drainage facilities an~ natural or mechanical ventilation to the outside atmosphere constructed as specified in the >~ecnanical Co~e. EXCEPTION: ADD~OVe~ Storage cabinets for hazardous materials may be used for limited amounts approved b~'the chief. (b) Legible warnin~ signs s43. d pl~c'ar~-$ statin~ the nature and location-of the hi~hl~ toxic m&te~ials shall be posted at all.entrances to areas where such materials are stored o= used. 3) YOUR CHEMICAL STORAGE ARF~MUST BE PROPERLY IDENTIFIED. VIOLATION Visible hazard identification sin's as specified in U.F.C. Standard No. 79-3 shall be placed-at all entrances to and in-locations where hazardous materiais are stored, handled or used in ~uantities reGuirin~ a permit. 4) ALL CONTAINERS OF HAZ. RDOUS MATERIALS MUST BE PROPERLY LABELED. THIS INCLUDES STORAGE DRUMS, BOTTLES, TANKS, BUCKETS OR BAGS.----ALL CONTAINERS MUST BE LABELED. VIOLATION.~F OSHA 1910.1200 (1) The ~-~--'~ ..... ~. .... r importer, or distributor.shall e4%~n~re that each container of hazardous chemicals_[eavin~ the workplace is labeled, ta~ed o~ marked w~h the followin~ information: (i)Identity of the hazardous chemical(s). (ii)Appropriate hazard wmrni~(s; e_~ ~ (iii)Name and add~es$ of the.-~em~cal m&nufactu~er, importe~, or o~.her, j~sDonsible party. (4) Except as provided in paragraphs (3) and the employer shall ensure that each container of hazardous chemicals in the workplace is labeled, ta~Eed, or marked with the ~ollowin~ information: ~i]Identitv of the hazardous chemlcal(s) EXHIBIT"-; contained therein: ( ii ).~DDrC, Dri~te ~azarG ;c&rni~!~ . (5) The emulo}-er maw use signs, placards, orocess sheets, batch tickets, oDeratin~ Drocedu;res, or o~her such written materials in lieu of affixln~ labels individual stationary 0rocess containers, as ion~ as the alt.erna~ivm ~etho~ identifies the containers to which it is aDDlica~£e _an~ coRveys.the information required by paragraph (Z~'of this section to ~e on ~a0e~_.. The written materials. Shall he-readily, accessible to the emDl°lvge~'i~ their.~grk area throughout each work shift. (7) ~e-~~.shml1 not-remove of deface ~ existi~ lahels~e~_ ~oomi~ containers of hazardou~ chemicmlm~"~less the contmi'~r is immediatelt marked with the ~e~uired information. {~;' The employer shall ensure that labels or other fo=ms-of warnings are legible, in English, and prominently displayed on t~ container, or readily availm~e in the work area throughout each work shift. Employers having employees who speak other languages may add the ihformation in their language to the material Present~ as long as the information is presented in Engli~ ~s well. 5) MATERIAL SAFETY DATA SH~' FOR ALL OF YOUR MATERIALS MUST BE MAINTAINED ~N. SITE. VIOLATION OF OS~A 1910.1200(G; (9) Material.safet~ data sheets may be ke.~% any form, incl~i~r~o~Fmtin~ procedures, designed to oowe=~oU'Ds '~f hazardous chemical-s ~'F ~. work area where it ~7. be ~oT~"a~DrcDri~te to'~~~ the hazards mf a Process rather than individual hazardous chemicals. However, the employer shall ensure that in all cases the reouired information is provided for each hazardous chemical, and is readily accessible during each work shift to emDloyees~when they are in their work area(s). VIOLATION OF OSHA 1910.1200(H) (6) Chemical manufacturers or importers shall ensure that distributors and manufacturing purchasers of hazardous chemicals are provided an appropriate material safety data sheet with their initial shipment, and with the first shipment after a material safety data sheet is updated. The chemical manufacturer or importer shall either provide material safety data sheets with the shipped containers or send them to the manufacturin~ purchaser Driou to or at the time.of the ~hiDment. ' EXHIBIT _ ,." the mater:al safetN data sheet is not pr. prided ~i%h. the shlDmen:, the manufacuur n~ PUrcnaser-shal~ obtain one from the chemical manufacturer, importer, or distr!bu:or as soon as possible. (h) EmploFee information ~and training. EmDloFer~ shall provide employees with information and training on hazardous chemicals in their ~4ork area a~ the ~ime of their initial assignment, and wheneve~ a new hazard introduced into their :~ork area. 6) ALL HAZARDOUS MATERIALS WITH QUANTITIES .%BOVE~HE MINIMUM REPORTING QUANTITIES MUST BE REPORTED ON YOUR HAZARDOUS MATERIALS BUSINESS PLAN VIOLATION OF ,CH. ~.9~ CALIFORNI~i~ALTH & SAFETY CODE The annual inventory form shall include, b~t' shall not be limited to, information on all of the followin~ which are handled in quantities equal to or greater than the quantities specified in subdivimio~ (al.~of 25503.5: ,.- .... <.7 (l) A listing of the c~e~i'eal .a~e &n~-com~en names of every hazardou~ suba~&nce or chemical product handled by the business. (2) The catego~? df w~e'~ including the general chemical and mine~at ~emposition of the waste listed by probable m&xi~m and minimum concentrations, of eveFy hazardous waste handled by the business (3) A listing of the c~em£¢&l..~a~4~. -c~on names of eve=y othe= hazar~u~: ~te=i~l..,0~ mix,ute containin~ a hazardnu~ m~.~.~ria~ ~mndl~'%y th~' busine~ which is not o~herwise lieZ~d' pursuant.-to Paragraph (1) o= (~). (4) The maximum amount of e~h hazardous material or mixture containing a hazardous material disclosed in paragraphs (1), (2), a~, (3) which is handled at any one time by the busi~ss'over the course of the year. ~ :~ND ~AFETY CODE, CHAP~R-6'.9~, :25~A~" The ~nnuai inventory form ~hall include, but not be limited to, in~orma:ion on ail of ~he following which are handled in ~uanttt:.es e~ual to or grea~er than :he Gu~nti~ies eeuai to or grea:er than ~he ~u~n~ities s~ecified in ~ubdivtsion (a) of Sec:ton EXl;"' EXHIBIT _ / Sufficient [nformatlon on how and ~here the hazardous macerla£s disclosed in paragraphs and (3) are handled by the business to a[lo~c fire, safer?, health, and other apProPriate Personnel to prepare adequate emergency responses to potential releases of the hazardous materials. 7) YOUR BUSINESS PLAN MUST CONTAIN AN EMERGENCY RESPONSE PLAN AND PROCEDUR£ FOR MITIGATION OF CHEMICAL RELEASES. VIOLATION OF CALIFORNIA HEALTH AN~ SAFETY CODE CHAPTER S.9§, Business plans shall include.~ll of the following: Emergency response plans and procedures in the event of a reportable or threatened ~elease of a hazardous material, including, but not limited to, all of the following: (1) Immediate notification to the administering agency and to aPPropriate local emergency rescue personnel and the office. (2) Procedures for the mitiEation.of threatened release to minimize any potential harm or damage to persons, property, or the environment. (3) Evacu&tio~ plans and procedures, includin~ immediate notice,-for the business site. AS WE HAVE STATED IN THE PAST OUR OFFICE IS AVAILABLE TO ASSIST YOU IN MEETING THESE REqUIREMENTS---BUT---THESE VIOLATIONS MUST BE CORRECTED. The department will==~e~uLe a re-inspection of your facility to verify comPlia~c~.~j~.y~U have any queS~ion~ regardin~ this notice, Dleas~.~9~.~=~ Ralph Huey at 326-3979.' Sincerely, - ~:..'~ Ralph E.Huey ~.~. Hazardous Materials ~dina~or ~. -- ' EXHIBIT EXHi~i¥ c, EXHIBIT ~" __ -~" ..! LXHIBIT~ : ,: EXHIBIT L,,,ilBIT ,,Y . - g. · 't EXHIBIT C~TY OF BM~E~SFIE~ H~4ZARDOU$ Mfl~RIRL$ OIVI$ION TO: ( ] ' Kern County hea~th Oe~artment - . CITY OF 8RWE~SFIELO FIRE OEP~RTMENT HAZRROOUS M~TERI~LS DIVISION (88S) 3ZB-3~TB ) H~z~dous U~ste ( ) Hazardous Waste - ( ) Waste 011 - Sto~e ( ] Othe~ ( ) Underground Tank - [11~a1 Installation ( ) F!RE SAFETY CONTROl ( ) Exits ( ) SD~tnklsp ( )' Hoods & Ranges ( ) Othe~ ( ) Fixed Ext, Syste~(s) Hood and/o~ Ducts ( ) MIR POLLUTION CONTROL See Remm-ks See Re~a~ks MEMORANDUM ~ay 5, 1989 TO: Hazardous Materials Task Force FROM: Ral=h E. Huey. Hazardous Materials Coordinator~ SUSJECS': 8rookshire Plating - 5Z7 East 19th 'Street On Tuesday Aoril ZS. 1989 8rookshire Platin~. located at SZ7 East 19th Street sas reins~ected. This re:nsoection was made in re{seance to the memo delivered by certified mail and dated March ZI. 1989 (enclosed). This melRo sDecifically stated that the following three ~teMs ~ust be corrected by .Friday RDril 14, 1989. I) Your Chemical storage must be Dro~erly segregated. acids ~ust not be stored in the sa~a a~ea s your cyanide co~ound8. Z) fiLL H~dous Hat~als conta~ners ~st be ~o~erly labeled -- Thls includes all ~um~. t~ke bottle~. buckets or b~s. ' 3) Your H~doua Rmterials business alan ~st be ~dated to include the ~nventory of ~I h~dous ~ete~ial, you have on ~. a, ~11 aa an e-~geflcy reaoonse plan includ~ notification ~roce~ures and soill ~evenlion. -:n~-*zat~on and clean u~ ~rocedure~. Its, one did sho~ so,e eq~o~ and ~r~ress his che-:cal stor~e roo,. H~ever Ibis ~as ~ ~eo, co-~lete. Many s,all quantities oq various acids and toxic wa*erials ~ere presenl as ~ell as several unidentified o~ unknown ,aterials l-~ro~erly stored on ooen ~ooden shelves, rhls ia in violation o~ sectidna ~.1~. 8~.1~ and 8~.1~ o~ Ihs U.~.C. (198Z edition). Item t~ ~howed little or n~ gp~ress with fixed containers not* l~li~. ~uNs not l~eled and sNaller ~antities v~tety of Net~lals no properly l~eled. This is in violation ~ O~ 19!~lZ~, UFC 8e. lm3 and UFC Se. Ill. IteN t~ee re. ired the buelne~ glad to bi returned by ~tl 14. 1989. This Dian h~ not been received by the tine of the ineDect~on on ~DPil Z5. 1989. ho~ev~ ~t ~as ~ece~ved Thursday ~P~I Z?. Page 2. Brook sh~re Plat ~nQ In genera[ housekeea:ng ss ~tsI[ very Ooor, leaking containers were observed sn v~oJatson o? UFC Sec B0.103. Mr. Brookshtre has still no: registered hts acuteJy hazardous materials zn violation oF Ch 6.g5 CaLifornia Health and Safety Code 5action ~553B. Ground contamination ts very ~ossible at the site, disposal o¢ hazardous uaste may be being acco~olished illegally anO many containers are being left oEen not ~ro~erly secureo. REH:v~ £NCLOSURE "U'EC. AR£" 527 E. lgth $~reet Bakersfield, Ca. 93305 Dear Mr. Brook·Airs The h·z·rdoul ~·terials Division of the Baaersfield City Fir~ agency we are ·lso reauired by Law to enforce certain lgth Street, Bakersfield. Ca. 93305" on June 10, 1988. Severa~ viol··ions were noted in that insDectlon ~d ·s · result · folio" uD insDec~ion was nde on February 2, 1989. The Follow u= inspection revs·led several areas t~·t still reauir~ attention · Notice of Viols=ion was issued. This notice covered seven (7), violations ·nd specifically re=uir~ correction by March 10, 1989. A third £nsnectiou conducted on March 16th showed that ve~' l£ttle Drolreo. had been ~de to comply. This memo is intended ~d inform you that failure to correction these deficiencies will reoult in civil action with liability of uD to $$,000 Der ~y. (Per California He·lab ~d Safety Code - ChaD·er 6.95) S~ecif£o·lly the followinf £teml ~ust be corrected by Friday April 14th or we do intend ~o Durlue tail in 1) Your chemical s~or&le mus~ be properly sefrel·ted, Acids lust not be stored in the s~e area 8s Four oy~i~e 2) ALL H·z·rdou~ ~ter~als containers Bust be ~·bel~ -- This includeo all dr~s, t·~s, bottle, bueke~ or 3) Tou~ hllrdoul Materials businels =lan must be undated ~ ~lude the inventory of all hazardous materials you ~vo. on h~d, as well as an emerfency re·nones tMA~ notification 9roceduree and s~ill ~revention, m~n~Mz&tion and o~e·~ uD procedures. EXHIBIT // .. Page 2 Brookshires Piatin< As always we remain willing and anxious to assist you in . meeting these requirements. To be certain all items listed in the February ?, NOV must be corrected. The three items listed in this memo, however must be corrected by ADril 14th to avoid legal action. Sincerely Yours, (Hazardous Materials Coordinator ~ REH:v~ · - cc: M. Kelly MEMORANDUM "WE CA RE" TO: F~l'e ~TTN: ~al~h E. Huay, , F~OM: Ouane ,~eadows, H~: Mat ~lannzng F~CILiTY: Brookshire Plating S27 East I~tn Street On Thursday, March 16. 1989 at aPProxineteiy I~B hours a follow up inspection was conducted of 8rookshira Plating. Present ware Mr. SrookshAre, owner of the business, Mr. Ralph Huey, Hazardous Materials Coordinator, Bakersfield City Fire Oepartment and myself Ouane Meadows, Hazardous Materiels Planning Technician, Bakersfield City Fire Department. Mr. Huey asked Mr. Brookshire if the ~lolations from the February 2, 1989 inspection had been corrected. Mr. Brookshzre replied by asking mysel! what my job duty was. I replied by telling (Mr. grooksh~re> to help businesses commly with Me 2185, Chapter ~.g~ of the California Health and Safety Code in filing there Business Plans, Hazardous Materials Inventory Form. Emergency Response Information, Evacuation Plans and Procedures, Training, and Risk Management and Prevention grogrems for businesses that handle Mcutely Hazardous Materials along with inspections. ~t that point Mr. Huey asked to see the storage area and other parts of the Facility. Ms we walked through the build~ng Mr. 8rookshlre stated that he had no Hazardous Materials and why did he have to fi~ out pager work. ! replied that under B.~5 o? the Health end Safety Code that businesses must File an inventory of the n~tarie~s they handle which are in the reporting in fact ~he materials he does handle ware hazardous. Mr, Nuey.end ~ noted that the only thing that Mr, BrookshZre had . done was to Place · sign on the door going into the storage area, 'Prop ~ Sign'. Looking into the darken storage where the cyanide and acsds were stored there wan no change, except that several Ieelb Fiber dru~s were gone. I did not ask where the drums had gene to end we left the area and headed back to the front. It appeared that no other corrections had been made open containers wSth acids (sulfuric and hydrochloric), base materZals, sodZun hydroxide and unknowns. Aa we walked out Mr. Srookshire put bls hand on my shoulder and sa~ I didn't mean to get upset at you! [ did not reply. The business as a whole ~s a one person operation that is not wail kept. It would appear that gross contamination zs all aDout the facility and that this :ndividual has ltttle or no ?egard Far ~u~!ic health and safety or the environment. L:/,HiiBIT /¢' . ' DEPARTMENT OF /UBLIC WORKS July 18, ~'388 B~rsf~ela, CA 93205 A ~,:,ta~li~r,~ r,lc, nitor~r,~ ,:,f y,:,ur fa~xlx~y as r-eq,air'e~ ~y Fe~ral fl~g,ala~ior, wa~ ~,:,r, du:ted on 6-8-88 ~hr'ouq~ Er, cl,:,se: is a ~opy ,:,f :~e lad analyses CZalco UQor, pevxs~ ,:.f t~e la~ ~-~por-t i~ ~as b~er, ~e~ermir, ed ~a: y,:,ur facility ia ir, vl,:,la~xon wit~ t~e City~,a Dx~c~at-ge Pe,-r,~x~ No. ~-BK-O00~ fop ~hm following ~or,~pound~: Ar, alysia Perm~ maximum Chr,~raiurn (foCal) 2.~ rog/1 1.0 r, ig/1 Hexavaler,~ Chromium ~.~ m~/1. 0.6 m~/1 Y,:,u are also in violation of Papg C, No. 4 of t~ Repc, r~lr, g I~quzr~mJnts in your ~isc~a~e pm~m~ ~hic~ Please mare efforts ~o coppec~ ~his violations. Additional i~ S~ould y~u Mare any questions resarding this ~aat~ep please ~on~ac~ WJn-~Mt Cheung op P~mel~ Man,on a~ Charles J. Turner --:=:: iS~.rA.k~TMENT OF PUBLIC 1501 'l't~ &vcn~ '~ ~a~gr~cld. C~l~ 9~501 [~u5) 52b-~72~ . =. '~L~ .:' .~, 1989 offO~ was maae o'f, 1~-~3-88 ~y Wer~--$hi Cheung of ~nis office (City of C~is lector, you snoul~ sample you~ was~e~a~e~ immeOiaCeiy the viola~io~ in a~opffil~Qi ~i~ Federal Regulations. you ~'vm ar, y que~ior~s 'pegap~ing C~e a~ove, .please Ve'py ~uly W. '~lem J. WSC/k~ z.i=xHIBIT "='--" LABOF::IATOI IES, Inc. ~ J~ J. EGUN, BIG. OIIM. B~IGi. 4100 PIERCE KO., BAKEISFIELD, CAIJIrORNIA 93301 PHONE 327-4911 [~2¢ CO. ~ i~iEM.,~ ])a~:e Reported: 06/23/89 Page 2?00 M ~ 3RD ~ Date Received: 06/07/89 ~I~O~SI~,D, CA 93301 T, aboz~toz~ No.: 4463-1 Atl~.: AI~ ~ 861-2761 ~ ~, 6/6/89 TOTAL CONTAM~/~2f~S A.~Lcle II, Ca~tfo~d.a ~~!ve ~t~ 0.35 O. 95 O. 35 ~~ 0.35 6.33 O. 35 ~t~t~ 1.75 ~ ~[0 ~~ 0.07 ~t~=~ [.75 19.7 1. ~t~ O. 35 ~~ 3.5 ~/~ 6010 ~~ O. 35 :33. O. 35 [3.5 1.0 ~3.50 O. JUL I ~ lg89 ENVIRONMENTAL HEALTH EXHIBIT FRAT. OFqlE S, Inc. 4100 PIFACE RD., BAKEBSIqELD, CAUFOINIA 93301 PHONE 327-4911 ~ CO. ~V'Z~i~q~,~fT.A~ i~V~'l~ Date Reported: 06/23/89 ;'age 2 2700 M ~ 3RD PLCX~ D~l:e ReceL~d: 06/0?/89 ~RS~D, CA 93301 Laboratory No : 4463-1 Attn.: ANY GRJ~N 861-2761 ' Sample Descz'/pt/c~:., ~OOK:SI.IZI~ PLAT~: SI- LQU~ ~ TO 1~ ~ ON ~ S~, 6/6/89 Arser~c 5.0 500. Berylllu= 0.75 75. ~~ 1.0 1~. ~t 80. 8~. ' ~r 25. 25~. ~ 5.0 ~. ~ O. 2 20. ~L~ 350. N1~! 20. 2~. ~1~ I. 0 1~. Slier 5.0 5~. ~li~ 7.0 7~. V~ 24 2~ Z~ ' · ~ 250. 5~. ~ 2-!2.5 2-~2.5 ~ ~ ~t~ (~) ~le ~is. ~1~s ~~ ~~ ~o~ ~ /~"..~ - ,.. ... ~.~, EXHIBIT '~'~ BOI~IATOI~IES, II-lC. ~ J.J. I~i#, aI~. Ot~ B~ 4100 ~E ~., ~KO, ~~ 93~ ~NE 327~911 2700 H ~ ~ ~ ~e ~1~: ~/07/89 ~~.n, ~ 9330~ ~a~o~ ~.: 4463-2 A~..: ~ ~ 86[-276~ ~ ~ ~, 6/6/89 TOTAL 245. 1.0 8..35 O. O1 EXHIBIT _ © - BOI:::IATO IES,InC. ~ J.J. EGUN, BIG. C~M. ~iGi. 4100 FLEECE KO., BAKEISIqELD, CAUIK)I~IA 93301 PHONE 327,4911 2700 N STREET 3ED PTZ:X~ Da~e ~-e.l.v~: 06/07/89 !!Yt~FI~.,D, CA 9330.l Laboratory No.: 4463-2 A~"': ~ ~ 86.1-2761 Sable Descr!p~ctcm: ~ -~.,ATI3~G-: S2-SLUIiX~, AF.I'ACENT TO BOILII~ POT D/ ~ t ~ ROC~, 6/6/89 Re~u/atory Criter~ ~i~ 5.0 5~. C~ 0.75 75. C~r 2S. ~r~ ~1~ O. 2 20. ~1~.~ 20. 2~. 5.0 5~. 250. 5~. ~ 2-[2.5 2-[2.5 EXHIBIT RATOF::IIES, Inc. 4100 PIERCE lO., IAKEISIqELD, CAUFOINIA 93301 PHONE 327-4911 ~ CO. ~,~qCe~El~'~.~L EEALIWE 'Date [~-~orted: 06/23/89 Page 2700 H ~ 3RD Yr. ZX3R Date ReceLved: 06/0?/89 ~<~RSE~D, CA 9330! r~abora~oz-y .~o.: 4463-3 &tl~.: ANY ~ 861-276! 9I:3ODE:~ ~¥ ~ :pr. jLTj2~ RI:X~, 6/6/89 TOTAL (T=-t~e 22, A~t=.c~.e ::, ~o~a ~st~at~ ~tL~ts ~e ~ts P.Q.L. ~ts ~ . ~c N~ ~~ 0.35 ~L~ 2~. 3 0.35 ~'~ N~ ~~ O. 35 C~ [6.5 ~~ [68. 0.35 ~ 3844. O. 35 ~ 377. ~ 2C8. ~[~ ~ ~~ 0.35 Si!~= 2.3 O. 35 ~'~ ~ ~t~ 0.35 Z~ 76.9 0.35 ~ ~ :[..20 0~ T~:, ~=~'~ ~ 3.33~ 0.05 ~ _ (See L:./ HiBiT _ TM - · 2)F:IATOF::IIES,InC. ,q~l~/MIf J: J. EGIJN, IIG. CXIM. BiGe. -:~=~= 4100 PIEICE ID., iAKEISIqELD, CAUFOINIA 93304 PHONE 327.491 ~ CO. ~ i~J~TH Date ~--por~ecl: 06/23/89 ;~age 2 2700 H STR~T 3RD FLOOR D~te Recelvecl: 06/07/89 ~l~r,n, CA 93301 ~-a~orator~ No.: 4463-3 A~:~-..: Nd~ ~ 861-276! Sa~!e Desc~ipti=n: SRCXTKS~ .O~AT~G: S3-S~t~X~ N~. ffR~ r. Zqb'~D: ~OR ~ b~D~R ,~ ~OO~ NA~G~Y ~ PT.J~ RC~K, 6/6/89 .l~JuLatorv Cr/ter~- Ant ~- _~-,_~y_ 15. 500. , B~r 4_.~ 5.0 5~. ~ O. 75 75. ~ .0 ~. ~' ~ --" ~~ 560. ~r 2S. ~ ~. 0 1000. ~r~ O. 2 20. ~ ~=v, 350. 35~. ~~ 20. 2000. ~. 0 [00. S~ 5.0 5~. V~!~ 7.0 7~. 24. 2400. Z~'~ 250. 5000. ~ 2-[2.5 2-[2.5 ~) ~ ~ ~~ ~o ~~a~e =~~ ~o ~e~ ~o~ [~s. ~. S. = '~E~c~--.= ~e , · (2: ~~ ~x~~ ~s of ~e~ ~ ~=~,,, ~A-60C, :~-79-o2c. EXHIBIT F::IATOI:::IIES, In(:::. ~ J- J. IGUN, BIG. OiIM. BIGI. 4100 II'fEIC! ID., BAKEISIqB. D, CAUFOINIA 9330l PHONE 327-4911 ~ co. ~ HEAL~ Date l~-poz~ced: 06/23/89 P-age 2700 M STrEeT 3~D FLOOR Date Received: 06/07/89 ~-~RS..~'!'~,D, CA 93301 Laboratoz~ ~o.: 4463-4 A~..: &MY ~ 861-2761 Sample Desc~.tp~ton: ~R~3~SH~RZ -~tT~l~: $4-SOZ~., $U~ACE UNI~R LAOQU~ ~ ~ .~ C~ ~ ST., 6/6/89 22, Ar~:~.cle ~, Ca~i~on-~a ~'~u.ts~ra~:ive Code) ~!e ~s P. ~.L. ~ ~ ~ ~~ 10. 7.5 1.0 65.9 1.0 ~ ~~ ~.0 51.0 1.0 ~ ~~ 5.0 119~. 1.0 ~ ~10 1170. 5.0 -~ ~0 0.27 0.2 ~ 74~ ~ ~~ 5.0 644. 5.0 X~ ~~ ~. 0 ~ ~~ '. 0 6.15 0.01 ~-~ > 140 F I. F 1010 35e. 10. ~ _ EXHIBIT IBOI ATOI::::IIES, InC. 4100 I~ERCE lEO., BAKEISIqB. D, CAUIr, OiiNiA 93301 PHONE 327-491 2700 M ~ 3~) ~ ]:)ate Received: 06/07/89 ~/~SFl~.n, CA 9330! [,~oral:o~ No.: 4463-4 AI:~-..: N~ ~ 861-276[ Sadie Descr~.~t~.on: ~ -°LAT::51G: S4-SOIL, SURFJ~'~ UNDER LAC~tTER DRt~ NEAR ~ ON ~ ST., 6/6/89 Requ/atory ~c 5.0 5~. ~I~ 100. ~. 0.75 75. ~~ ~/=r Cr (..., c~ 560. 25~. Co~t 80. 8~. . ~r 25. 25~. ~r~ 5.0 ~. 0.2 20. ~~ 350. 35~. Sil~r 5.0 5~. V~i~ 7.0 7~. 24. 24~. ' Zi-~ 250. 5~. ~ 2-~2.5 2-[2.5 ',l) "T~= ~L~ for ~ti-~ ~lld ~=~', ~ 846, J'~y, 1982. (2) "~ fo= ~~ ~~ of ~t~ ~ ~,,, ~A~, BO I::::IATOI::::II ES, In(::. ;Lr~N-~tl/ J.J. IGIJN, WG. C:]4WA. INQ~. 4100 flFJICE RD., BAKBISFIELD, C4LiFOINL6, 93301 ' PHONE 327-4911' ~ CO. ~ ~[,.~'X :)ate ~-,por~:e~: 06/23/69 ~ i 2700 M ~ 3~D FLOOR' Da~e Recei~: 06/07/~9 ~,n, CA 93301 Laboratory No.: 4463-5 At~-..: AMY ~[EEN 861-2761 Sable Descrlp=!on: ~R00~ -~-ATI,~.:: $5-SOL[D, ~HIT~ SOLID ON RECT~ METAL -~ CONT~ (OLD ALL,"~,.~/W TANK) ~ ~ ON ~ ~, 6/6/89 .'CT. AL CONTAMINANTS ITitle 22, Ar~.fic!e II, Cal_~foz?./a Adm/n!stTal:~.ve ~) ScOur 569C. i. 0 ~ 6010 Le~ 7?. 5 5.0 ~ 6010 N~c~ 399. 5 0 ~' I0 ..26 O. 0~ ~ ~tS 9040 EBORATORIES, Inc. PET"~I[fl~ J.J. IGIJN, IIG. CNIM. ING~ 4100 fiERCE RO., BAKERSfiELD, CALIr. C)INIA 93301 PHONE 327.491 ~ CO. ~ .~ALTE Date Re~or~.ed: 06/23/89 .age 2 2700 M ~ 3RD F~:)OR Date .Received: 06/07,'89 BAF'V~FI?."), CA 93301 Laboratoz~! No.: 4463-5 A~--~-..: AMY ~ 861-2761 Sample Description: SROOKSHIRE PLATING: SS-SOLID, ~4ITE SOLID ON .gECTANGULAR METAL .4 CONTAINER (OLD ALUS~N~M. TANK) NERAR FENCE ON ~ ~, 6/6/89 Rec3u/atory Criteria '%~t~ '15. 500. ~c 5.0 500. ~ I00. lO000. ~I li-~n 0.75 75. C~-~ I. 0 I00. ~~ ~,"o= Ct( Iii', c~-~ 550. 25~. Co~t ~0. ~000. C~r 25. 2500. Le~ 5.0 1000. ~rc~ C. 2 20. ~I~~ 350. 3,~0. Ni~i 20. 2000. Se !~'~ ~. O I00. Sil~r 5.0 500. V~-~= 24. 240C. · ZLnc 250. 5000. ~ 2-_2., 2-12.5 ~C = Total ~ ~'d '__~ "T~s~ Me~ for ~l'~tL-~ Solid W~tes:', ~ S46, iuly, "MmL~ fcr ~ical ~l'isls cf Water ,n , -- ~-.../-- 901 ATORIES, 11'10. 4100 IqEKE RD., BAKEISFIU, CALIFOINIA 93301 PHONE 327.4911 ~ CO. --~~AL .~-.AL,"2~.. Date ReI3orl:ed: 06/23/89 Pag~ 1 2700 M ~ ~RD .~T~X3R Date Received: 06/07/89 3AL--~"~SFI~---D, CA 9330: ATT..: AMY._ ~ $61-2761 Laboratoz%/ No.: 4463-6 Sample Descriptlo.,,~ BRO0,~ P~-ATI.%~3: S6-SOIL, SOIL SOUTH. OF TANK IN ~ STR!PP.I.~G AREA {~ ATTT.~ TO .~.ATL~G ROOM) 6/6/89 TOTAL C0.VrAMI~%NTM (TiTle 22, Ar~,icle II, Ca'-!fornla Adm/n/stratlve Code) Cor-~-. ires_ut s Samole Read/ts ~ ~ts ' .~n!c ~ 6010 ~i'~ 5.5 0.5 ~ 7061 ~;~ i ~'~ 129. 2.5 ~,~ 6010 C~'= N~ ~t~t~ 2.5 ~,~ 6010 Cc~/t 120C. 2.5 ~/~ 6010 125. ~2.5 ~ 60~0 Co~r 31 ~0. 2.5 ~,,~ 6010 ' =~ 19!0. 12.5 ~tI~ 6010 ~!er=~- N~ ~t~t~ 0. I ~/~ 7471 XinU! 12.5 ~/~ 6010 1050C. 12.5 ~/~ 6010 Se ! ~-=n }~orm De~ 0.5 ~ 7741 Sil%~r ~ OS 2.5 ';~-~ ~'~r. ~m ~:ec:~ 25. ~/,~ 6010 ...... 2.5 ~/~ 60:0 ..... 3560. __~. 42.3 ~. 0 ~/~ 90~0 ~' ' 9.~2 0.01 ~ ~tS 9040 Criteria, and-Wefe.~--nces) ATORIES, Il'lC. 41~E RD., ~K~R~, ~~1A933~ ~NE 327-4911 ~ ~: ~~ ~ ~e ~~: 06/23/89 ~ 2 270C ~ ~ 3~ ~ ~=e ~t~: 06/07/89 ~~.~, ~ 9330~ ~a~o~ ~.: 4463-6 A=~.: ~ ~ 86[-276[ Sa_-~l_~ Desc.-iption: BROOE~ PLATLNG: S6-SOIL, SOIL SOUTH. OF TANK IN ..~ STP_~PP.!NG ~ AREA (S~ED A .T~TACHED TO PLATI'{.G R0CM} 6/6/89 . .Re~u/atory Criteria Cc~ti~',ents ST~, m~/L TTLC, m~/kg ~t i~.y 15. 5~. ' ~s~ic 5.0 500. C~ I. 0 ~00. CP~'=~ ~-~,/or ...... ) c~~ 560 2500 Co~ S0. 8000. · C~r 25. 2500. ie~ 5.0 1000. ~rc~ C. 2 20. ~ ! y~n'=~ 350. 3500. N!cl~l 20. 2000. S e 1 ~-~T. I. 0 100. Sil-;e= 5.0 500. .. -_ l l'cT. 7.0 700. V~i'~= 24. 2400. · iLnC 250. 50~. ~n ~ r~ei~ (~t} ~le ~is. ~ts ~rt~ r~t tot~s ..... ~ ~ ~le ~t~ to ~r!ate t~~ to ~te~ tot~ le~!s. 'I; "T~s= ~L~ lc= ~'~ti~ Solid ~t~", ~ 846, J'~y, 1982. ','2', "~fethT~ . ,r ----~,,i =%~!%~is cf ~te= ~-~ ~t~", ~A-6~, 14-79-020. -,.~ -,.- ...../ EXHIBIT LABORATORIES. IRC:. P~')'It'O~,LrU, If ~ J.J. EGLIN, III. G, CHEM. ENG.. 4100 PIERCE RD., 8AKERSFIELD, CALIFORNIA 93308 PHONE 327-4911 ~ CC). ~ H~AT.,'ZH ])ate l~,1:x:)'rted: 06/23/89 2700 ~ ~ 3RD ~ l~te l~,celved: 06/07/89 ~n, CA 9330:]. r.,aboratory No.: 4463-7 Attn.: N~ ~ 861-2761 ?AI~ ~ TI~ r,4M, L ~ ~ STRZI:~I~3 ARF. A, 6/6/89 (T~tle 22, Article ZZ, Ca/~orn~a Adm/n/stra~ve Code) ~t~ ~ ~t~t~ 25. ' ~c 20.9 O. 5 ~1~ 332. 2. ~ ~ ~10 ~111~ ~ ~~ 2.5 ~~ 2820. 2. ~t 12.4 12.5 ~ ~10 ~ 24~0. 2. ~ ~. ~2.5 ~ ~10 ~~ O. 26 O. 1 ~ 7471 ~1~ ~ ~t~t~ 12. ~1~1 18~, 12.5 ~/~ ~10 ~1~ ~ ~t~t~ O. 5 Stl~r 7.04 2.5 ~/~ ~10 ~11~ ~ ~=~ 25. ~/~ ~10 V~~ 25.6 2. ~ 4.63 0. (See ~ ~ ~ Co~nts, Def/n/t/c::ms, ~tO¢'l~ CrLte~la, ar,g] Reft) BORATORIES, InC. 41~ PIE~E ~O., BAKE~FIELD, CALIFOanlA 93308 PHONE 327-49~ 1 27~ H ~ ~ ~ ~e ~t~: ~/07/89 ~~, ~ 93~ ~ra~o~ ~.: 4463-7 At~.: ~ ~ 86~-276~ Sample Description: 13[tCOESHIi~ PLATII~: $7-SOIL, STAIN~ SOIL BY ~5 C~L. 13ARREL AND ?AI~C ~ THE ~ IN T'rlR STRI~ AI~, 6/6/89 .Rmgu.lal:ox.~ Criteria sti ts Ant ta,;,,~ 15. 500. Ars~nlg 5.0 500. B~lum 100. 10000. Cac~ium 1.0 100. C~u~tum ~nd/or Cr (III) compounds 560. 2500. Coba/t 80. 8000. L~d 5.O 1000. ~rcua-~ O. 2 2O. H~iytxiermva 3~0. 3,500. Nlc~l 20. 2OO0. S~ler~lum 1.0 100. Silver 5.0 500. Tl~lltum ?. 0 ?00. Var~cl/um 24. 2400. Zinc 250. 5OOO. 1~ 2-12.5 2-12.5 ~t: All mtttua~tl rep=r~ecl above are in ~J/k4 (url.les~ o~tn s~a~) on P.Q.L. = ~t~ ~tt~tl~ L~t (~ to ~ 1~ ~t of ~e ~t~t~le ~ ~ ~le sa ~ a ~51al t~tp Wl~. N.D. = ~ ~~ (~l~t, i~ p~t, ~d ~ 1~ ~ t~ ~ P.Q.L.). I.S. = I~ftct~t ~le ~ = Tot~ ~ld Limit ~ra=l~ (1) "T~ ~ f~ ~~ ~lld ~", ~ 846, '~y, 1982. (2) "~~ ~or ~t~ ~~ of ~er ~ ~,,, ~A~, 14-7~20. BORATORIES, Inc. 41~ ~EKE ID., BAK~FI~, ~K~IA 93~ ~NE 327-4911 ~ ~' ~~ ~ ~e ~r~: 06/23/89 ~ ~ 2700 M ~ 3~ ~ ~e ~ei~: 06/07/89 ~~.n, ~ 9330[ ~ra~o~ No.: 4463-8 A~..: ~ ~ 86~-2761 ~le ~rip~f~: ~~ ~T~: SS-~LZD, ~EID ~ ~ A~ZC ~R OE ~ ~I~ ~~, 6/6/89 ..... 22, Article II, Californ/a Adm/n/strative Code) Cc~sti~t$ ,SampLe ~u!ts P.q.n. ~s ~ ~t~ N~ ~t~t~ 25. ~ ~10 ~c 5. gl O. ~i~ 118. 2.5 ~ 6010 , ~!!i,= ~ ~t~t~ 2.5 ~ 6010 ~ 38.4 2.5 ~= 580. 2.5 ~ ~10 Co~ ~r 1610. 2.5 ~ 1190. 12.5 ~r~Z O. 48 O. ~l~m Ni~! 7740. 12.5 ~/~ 6010 ~imn!= N~ ~t~t~ O. 5 ~/~ 7741 St~r ~ ~t~t~ 2.5 ~/~ 6010 ~l!i'= V~ 12.8 2. ~ ~/~ 6010 ZL~ 2000. 2.5 ~/~ 60[0 ~~ 7.8 ~ 6.60 O. (~ ~t ~ for C~ts, L I% .... ,,,, BOI::::IATOF:::IIES, Inc. 41~ ~IKE lO., BAK~FIED, ~~IA 933M ~NE 327-491 ~ ~0. ~~ ~ ~e ~~: 06/23/89 ~ 2 2700 M ~ ~ ~ ~e ~e~: 06/07/89 ~~, ~ 9330[ ~ra~o~ ~.: 4463-8 At~.: ~ ~ 861-2761 Sample Description: B~O0~ PLATING: SS-SOLID, SOLID ON THE ATTIC .~T~OR OF THE SOUTJ~ID~ EIUILDZNG, 6/6/89 .Re~u/atory Criter~ Constitu~.ts . ~~ ~ic 5.0 5~. ~!li~ !00. 1~. ~ O. 75 ?~. 1.0 1~. ~'= ~/cr Cr ~ IIi) c~~ 560. 25~. Co~ Co~r 80. 8~. Le~ 25. 25~. 5.0 1000. ~rc=~, 0.2 20. Nic~! 350. 35~. ~!~i'~ 20. 2~0. Sil~r 1.0 5.0 5~. ~!li~ 7.0 700. V~i-~. 24. 24~. ZLnc ~ 250. 5~. ~ 2-12.5 2-12.5 Co~t: All c~=!T~s ~r~ ~ ~e Ln ~/~ (~ o%~i~ s~at~) on (~C) ~ ~le ~J~t~ to ~ria~e t~~ to ~te~ to~al l~!s. P.Q.L. = ~!~ ~tltati~ ~ = ~le size ~ ',i) "Tes= ~%~ for ~ti-~ Solid ~t~,,, ~ 846, J,~y, !982. ',2) ~%~ ~r ~cal ~-~!~is cf ~ter ~ ~t~,,, ~A-600, 14-79~20. ORATORIES, Ino. 41~ ~E~E RD., BAK~FI~D, C~~ 93~ ~NE 327-4911 ~ ~' ~~ ~ ~e ~rt~: 06/23/89 ~ ~ 2700 M ~ 3~ ~ ~e ~i~: 06/07/89 ~~.~, ~ 9330~ ~ra~o~ ~.: 4463-9 A=~.: ~ '~ 861-2761 ~e ~rip~i~: ~ ~T~: S9- ~IL, ~~ ~ ~ ~L~ION T~ IN ~ ~T~ ~ TOTAL CONTAMINANTS (Title 22, A~ticle II, Callfoz-n~a Adml~istz-ativ~ Cod~) ~t~ ~ ~t~t~ 25. ~c 9.8 O. 5 ~/~ 706~ ~i'~ 304. 2.5 ~II~'~ ~ ~t~t~ 2.5 ~ 260. 2.5 ~~ ~280. 2.5 Co~t 49.4 C~r 4470. 2.5 ~ 875. [2. ~rm~ O. 2 ~1~ N~ ~t~t~ 12.5 Ni~ 19200. 12.5 Se!~'~ ~ ~t~t~ O. 5 ~/~ 774 Sil~r ~0.3 2 5 ~ 60~0 ~---~ Nor~ ~t~t~ 25. ~/~ 6010 V~!'~ !5.5 2.5 ZL~c 3~70. 2.5 ~/~ 6010 ~n!~s 2~. 2 ~ 9.43 0.01 (See r~t Pings fo~ Cc~m~ts, DefL-.!ti~=, Recju!atoz7 Criteria, and P~fez~nces) 41~ ~E~E lO., BAK~D, ~~IA 93~ ~ONE 327.4911 2700 M ~ ~ ~ ~e ~t~: 06/07/89 ~~.m, ~ 9330~ ~ra~o~ ~.: 4463-9 A~.: ~ ~ 86~-276~ Sample Description: ~R00~ PLATING: S9- SOIL, ADJAC~Ff TO CI~,ANING SOLUTION TANK IN TE~ PLATING RC~M .Re~u~.atory Criteria Constituents sTr~, m~/r. '~T..~, ~ ~t~ ~5. 5~. . ~c 5.0 5~. ~i~ lO0. lO~. ~!li~ O. 75 75. ~-~'~ ~/or C., ...) ~ 560. 25~. Co~lt 80. 80~. ' C~r 25. 25~. ~ 5.0 ~. ~=~'f O. 2 20. ~i~ 350. 35~. Nic~ 20. 2~. Sil%~r 5.0 500. ~lli~ 7.0 7~. V~i~ 24. 24~. ZLuc 250. 5~0. ~ 2-12.5 2-~2.5 ~ cc~i 't-ce~s reported above a=e L~ =j/l~g (unless otherwise stated) on Co~t: A.. an as rece:Lved, (Mt) samDle basis. .Results .-~rted -'~F~ent totals (TT"._C) as -~--2.1e sub3ected to apgroDr!ate tec~hn/ques to determi-= total levels. P-.Q.L. = --°z"acl:ical Qt:~tll:al:Ion L/m/t (refers to the least amount of a~!yte detectable based on sample size use~ ard analytical techn/que em~loymd. N.D. = Nc~e Detected (Constituent, if present, w~uld be less than the method P.Q.L. I.S. = L~-~uff!cie~.t Sample = So?able -.~bold Limit = Total Tb._-esb~ld Limit Cor~:~.tratlor. (I) "Test Me~_~ds for Eva!uat~.-z3 Solid Wrasses", SW 846, July, 1982. (2] "Methods for C.~.~.~m/cal Analysis of Water ar~ Wastes", EPA-SOO, 14-79-020. J' J' EGLIN, IIEG. CHF, M. El'tGI. 4100 PIEIICE liD., BAKEIISFIELD, CALIFOIiNIA 93308 PHONE 327-4911 ~ ~0. ~fff~Og~TAt HEA~TH Date Repor~e~: 06/23/89 2700 H ~ 3RD FLOOE Date P~ceived: 06/07/89 BAKEESFI~.n, CA 9330! Labor&toryNo.: 4463-10 MODIFIED ~4ET ~ h~'TRACT CONTAMINANTS ANAL~ ACCOEDrt~ TO TITLE 22, (STLC) S-~?le DeecTiption: B~OOKSH~ PLATING: SXO-PIPE CHIPS, S(XITH OF THE SOUTHSlq~E BUILDIN~ IN T]~ Ar.r.~, 6/6/89 Regu/atory -~?le P~su/ts M~mxt t'rlterta Ccmst itnAents ~/lA ter P.q.L. ~ ~f. ~t~ ~ ~t~ O.l ~10 i . 15. ~c ~ ~~ O. 05 7061 1 5.0 ~t~ 0.18 O. 01 ~10 I 1~. ~11t~ ~ ~t~t~ 0.01 ~10 1 O. 75 ~~ ~ ~~ 0.01 ~10 i 1.0 ~~ 4.11 0.0l ~10 i 560. ~t N~ ~t~ 0.05 ~ I 80. ~r 0.~ 0.01 ~10 1 25. ~ ~ ~t~t~ 0.0~ ~10 I 5.0 ~ ~ ~t~ 0.~2 ?4~1 I O. 2 ~1~ ~ ~t~t~ 0.05 ~10 I 350. Nt~i ~ ~t~t~ O. 05 ~10 1 20. ~1~1~ ~ ~t~t~ O. 05 ?~41 1 1.0 'Sll~r ~ ~t~t~ O. O1 ~10 1 5.0 ~111= ~ ~t~t~ O. 1 ~10 1 ?.0 V~~ ~ ~t~ O. 01 ~10 1 24. Z~ ~ ~t~t~ O. 01 ~10 I 250. Cc~-~: All me~a/s re~x~rte~ above are in mg/ltter o~ a filtrate basis (~). ~ ~ ~ ~ ~~ ~le ~~ to Title 22, ~tcle II, citric ~id wi~ ~i~ ~ ~ ~le s~ ~ ~ ~l~ t~ ~1~. N.D. = ~ ~~ (If ~1~ ts ~ 1~ ~d ~ 1~ ~ P.Q.L. 11~ to ~ rl~. ~ = ~l~le ~ld Limit 1. "T~ ~ for ~~ ~lld ~:, ~ 846, ~. 1986. 2. "~~ for ~~1 ~is of ~er ~ ~,,, ~A-~, 14-7~20. · EXI-I BiT __ BORATORIES, IIqC. 4100 PIERCE RD., BAKERSFIELD, CALIFORNIA 93308 PHONE 327-4911 K~RN CO. ~AL HEALTH Date Reported: 06/23/89 Page I 2700 ~I ~ 3RD ~ Date Receiv~i: 06/07/89 BAEERS~, CA 93301 r~horatory No.: 4463-11 Atl~.: A~Y GREEN 861-2761 Sample Description: MR00~ PT~ATI%NG: $1I-I~-IONI~J~n WATI~, CONTROL SAbtP~, 6/6/89 TOTAL (Title 22, Article II, California Administrative Code) Method Cc~stt~ts Sample Resu2ts P. (~. L. [}nits Method Anti.tomy Nc~e Detected 3.5 mg/l~ 6010 Arsenic ~ Detected O. 35 mg'/P.g 7061 Barium O. 54 O. 35 mg/P~ 6010 Beryllium Nc~e Detected 0.35 mg/l~g 6010 C~tum l~ne Detected O. 35 mg/kcj 6010 Chrce~um 2. O1 O. 35 =j/kg 6010 Cobalt Nc~e Detected 1.75 n~j/k~ 6010 Copier 6.99 O. 35 n~/l~ 6010 Lead None Detected 1.75 rog/kg 6010 Mercury None Detected 0.07 ~j/l~ 7471 Molytxiemm None Detected 1.75 rog/kg 6010 Nickel 2.39 1.75 mg/l~j 6010 Seler~um Nc~e Detected 0.35 Sllver Nc~e Detected 0.35 ~j/kg 6010 Thallium l~e Detected 3. Vanadium 0.45 0.35 mcj/P,g 6010 Zinc 16.3 O. 35 n~/l~ 6010 Cyantcles Nca~ Detected 1.0 mci/kg 9010 pi{ 8.34 0.01 1~I Units 9040 (See Last P~je for ~ts, Deftnlttors, ~ecjulatory Criteria, and Referer~es) r-,,r'ii iT ' LABORATORIES, Ir-lc. ~)~O~[U~ J.J. EGLIN. IIEG. CH~M. ENGI. 4100 PIERCE RD., BAKERSFIELD, CALIFORNIA 93308 PHONE 327-4911 ~ ~' ~~ ~ ~e ~r~: 06/23/89 ~ 2 27~ ~ ~ 3~ ~ ~te ~i~: 06/07/89 ~~, ~ 93301 ~ra~o~ ~.: 4463-~ At~.: ~ ~ 86~-276~ Sample Description: ~ PLATING: SZ1-DE-IONIT~ATE~, COb'IteL SAMPLE, 8/6/89 Re~u/atory Crtter_~ Ant/~y [5. 500. Arsenic 5.0 500. Barium 100. 10000. Beryllium 0.75 ?5. Cadre/urn i. 0 100. Chrca~um a~d/or Cr (III) coa~xmmx~ 560. 2500. Cobalt 80. 8OOO. Co~r 25. 2500. Lead 5.0 1000. Mercury 0.2 20. ~oly~denum 35O. 35OO; Nickel 20. 2000. Selen/um 1.0 100. Silver 5.0 500. Tha/lium 7.0 700. Vanadium 24. 2¢00. Zinc 250. 5000. pH 2-[2.5 2-12.5 Cceme~t: Ail co~stltue~ re, or,ed above ere in mg/kg (un/ess otherwise stated) ~ ~ ~ ~1~ (~) ~le ~is. ~l~s ~r~ ~~ totals (~) ~ ~le ~J~t~ ~o ~riate ~~ ~o ~=e~ ~o~a~ l~ls. I.S. = I~f~cl~t ~[e ' ' (1) "T~t ~ for ~l~t~ ~[id ~t~", ~ 846. ~ly, 1982. (2) "~~ for ~~ ~s of ~er ~ ~'. ~A-600, [4-79~20. J. J. LABORATORIES, InC. J. J. EGLIN. lEG. CHEM. ENGI. 4100 PIERCE RD., BAKEIISFIELD, CALIFOIINIA 93308 PHONE 327-4911 .~rEeabie z,',-rr~~ -. 2?00 '?? Jt'~eet ~e~,~:,..'¢ -..TuZ- ;'~_.. -~'=-':--= ........... Lab ~: ~462-4 At:er:ti :-r:: ,~ Green :~,~r~!e iescripti~n: Brc'o~hiz-e ?!stir~ .~4-,Sc, il ..,~.-...~' '¢',-'~ soil '.~der l~cquer-J~a r,.e.~- fence cn 'F~, Street ~."U6/55~ ' ' Date .~.~.~le Daze ';?'2 ;'ro~nnene -:gt i, -i -Di.c~: r'- k~n .... ' ~,,g :.one ~:~._. ~-~-~_d ~. '.~ f z?.:er:e.. .:.~,' 0808/809 Vd~ ., PRIORITY ~ c (Ex~llm) %~' ~;~,~,~, , KERN COUNTY EHV[ROHHE:I ~1~:.% ,~5.,.~.'.~'~ 2700 "H" STREET, S'/'E. :'~U J BAKERSFIELD, CA 933OL PART I: FIELD SECTION LOCATION OF 5A~PLIH(;' Name '~6 c'~H/~ ~ (~ . No CJ)lluclnr's Type ~1 /Lab Only) Sample ¢1~. SamlHe' FIEI.D INFORMATION ' ' ',; - ' ' ...... -. . ,.. . . ~: ~.~ , ~, . ~ -~ ? .~ ......... ~ .... ~ . - _..~ :: , . Chain of Custody . ' 1 ?~.[~.~.- q (_--__~:,,-~ .'--ll'-./'.L, ,~,t(..: ,C..,.'~ ? .",2 : 3 ~Pecial Remarks PART I1: LABORATORY SECTION Received BV r,He. Date Sample AIIocalinn: [~ ~ [] [] Olher Date Analvsis Reuuired 'h,llicale w).lell.htl, l.]llH)h: ~ llu(JH(,' ~,,,,I. elC ~iAZAI-tDOU5 ~,~.a, rl: RIAL5 SAMI't 1: 0ALY~ * REQUEST °RIORITY ~ (Explain) ,~ '~ ...... ~ KERN COUNTY E~ViRO~ME;~ ',L HEALTH .... ,~,.~ .,~ :~g.'V.'.[-~,~ 2700 "~4" STREET, STE. . ~0 BAKERSFIELD, CA 93301 ~ARTI: FIELD SECTION LOCATION OF 5AHPLIN(i: Name ~'~ ' L'~//2~ ,7~.~ Tel No . No Cd[ectnr's Type ~t ILab Onlv~ %m.le ~J3 Sam.le' FIEL~ INFORMATION > 7 ~ .. ~ ,~,~ ', ,.:u : ~C~/ .-,.~t,~'.~ m . f;'.'. .... -~L,A.~ ~,,~ .~ ~. ,.,/?~...-: Chain of Custody=. , , 1 .', ;.-,. - _;, ,7/~1,~ .:lt. ~C- .... _...,-7 'C,.- 3. 4 Special Remarks PART I1: LABORATORY SECTION ' Received By 'T~ ihJ. [:)ill Sample AIIoca.nn: [:~ ~ [] [] Other Dill Analysis Re(lmred 'Jndlca(p whelhet' $:',flll)h; ~$ SIl. ldq~ ~h.I. ell: COUNTY OF KERN Environmental lteaith Services Department 27OO ~ S~r~ Sdm 3OO Bnktratleld. CA 93301 (805) 861 ~6M (805) 86t-J42~ Frae June 22, 1989 ICL. Brookshire Brooksh e p ing 526 19th S~'eet Bakez~field, CA 93305 Dear Mr. Broo~h~e: THIS LETTER IS AN OFFICIAL NOTICE OF VIOLATION AND ORDER TO COMPLY This Depat haent performed an impection pursuant to a warrant served by Richard Harger of the Bakersfield City Fire Department on the 6th of June, 1989, at your facility located at 526 19th Street in Bakersfield, California. ,~ a ~esult of that h~spectlon, violations of the California Health and Safety Code, Division 20, Sections 25100 et. seq. were noted. On the day of this Departmenfs sampling acflvitta and lnq~etion, the [olJowLflg conditions were observed. Hazardous wastes was found to be disposed of on the floor and soil of the facility. In addition ~o the apparent discharge of hazardous wastes, cvntaiaer~ storing hazardous wastes were discovered broken, leaking unlabeled, open to the enviroz:ment, and stored unsdely near the faeillty boundaries. You a~hezeby ordered to manage your hazardous waste ia accordance wi.h the following laws and regiiladom eked below: California Code of Regulations, Title 22, Division 4, Chapter 30 CCR 66471 Generator z. mst determine ff waste generated is ha=ardous. CCR 67241 All bazar :lous waste must be stored ia containers which are in good condirio,, or managed in some other manner that compiles with the requiren ".nts of Article 24. EXHIBIT .. - K. L. Brookshire June 22, 1989 Page 2 CCR 67243(a) Containers holding hazardous wastes must be closed during storage, except when it is necessary to add or remove wastes. CCR 67246 Containers storing ignitable or reactive waste must be located at least 15 meters (S0 feet) from the facility's property line. CCR 66508 Each container or tank storing hazardous wastes must be labeled and stored in accordance with all applicable requirements of this section. Health and Safety Code, Chapter 6.5, Division 20 H&S Code 25189.5 Hazardous waste may be disposed of only at a facility permitted by the State Department of Health Sexvice~. You must comply with the violations noted above by immediately ceasing the disposal of all hazardous waste on-site. All containers used for storage of hazardous waste which are leaking, broken, or in a deteriorated condition must be repackaged into containers which are in good condition, labeled as specified above, closed, compatible with the substance stored and placed in a safe location unaccessible from the property boundaries within seven (7) days. This issue of the Notice of Violation and Order to Comply does 'not preclude the Department of Health Services or any other local or federal agency from taking administrative, civil, or criminal action as a result of the determinations by the County Environmental Health Services Department. Should you have any further questions regarding the proper management of hazardous wastes, please call or write our office at (805) 861-3636, 2700 "M" Street, Suite 300, Bakersfield, California 93301. Sincere~ly, (~/Joe Canas Hazardous Materials Specialist Hazardous Materials Management Pro,Tam JC:dr joe\brook, l~ 6/22/1~ ce: Kern County District A~torne¥ Depa~r,~ent of Health Servi~es - Bake~field City Fire Depa~rmei~ Bakersfield City Sanitation Dis~ ,'ic£ EXHIBIT _ ..... - 1 EDWARD R..JAGELS, District Attorney 2 County of Kern Michael J. Yraceburn 3 Deputy District Attorney Consumer ~raud & Environmental Protection Unit Kern County Justice Building 4 1215 Truxtun Avenue 5 Bakersfield, CA 93301 Telephone: (805) 861-2421 6 Attorney for Plaintiff 7 8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF KERN 10 . . . . . . , 11 THE PEOPLE OF THE STATE OF CALIFORNIA, ) No.~~ ) 12 Plaintiff, ) APPLICATION FOR 13 ). TEMPORARY vs. ) RESTRAINING ORDER 14 ) AND ORDER TO SHOW KENNETH L. BROOKSHIRE dba ) CAUSE RE: PRELIM- 15 BROOKSHIRE PLATING, ) INARY INJUNCTION; and DOES 1 through 30, Inclusive, ) MEMORANDUM OF 16 ) POINTS AND ) AUTHORITIES; 17 ) DECLARATIONS OF ) MICHAEL J. ) YRACEBURN AND 18 Defendants. ) RALPH E. HUEY AND 19 ) JOE CANAS IN ) SUPPORT THEREOF 20 ) Date: ~-~6-~$ Time: ~''~4-~''~ 21 Dept: 22 PLAINTIFF APPLIES FOR INJUNCTIVE RELIEF AND PRAYS: 23 1. That this court issue a Temporary Restraining 24 Order and a Preliminary Injunction preventing defendants, their 25 servants, agents, employees, and those acting in or on their 26! behalf from engaging in each of the following activities: 4 (a) Transferring, selling, hypothecating, 2 encumbering, concealing or in any way 3 disposing of any money, property, or 4 other assets obtained through the 5 acts and practices described within 6 the Complaint; 7 (b) Cease and desist all bUsiness 8 activities and other operations at 9 527 East 19th Street until such time 40 as a site mitigation plan for the 44 removal of all hazardous materials or . 42 hazardous waste has been submitted 43 and approved by the Kern County 44 Health Department and the Kern County 45 District Attorney's Office. (c) Cease and desist all business activities and all other activities 48 at 527 East 19th Street, Bakersfield, 49 California until such time as all 20 hazardous materials or hazardous 21 waste that has been disposed of 22 improperly or discharged into the 23 environment are removed and disposed 24 of in accordance with Health and 25 Safety Code, the regulations 26 promulgated thereunder, and until the Page 2 I site is certified as within the 2 standard set forth in HeaIth and 3 Safety Code by the Kern County Health 4 Department or such agency that may 5 have similar jurisdiction. 6 (d) That defendants comply with the 7 Uniform Fire Code in all instances 8 and present a plan for conforming 9 with such Uniform Fire Code to the 10 Bakersfield Fire Department and cease 11 and desist all operations until such · 12 plan is approved by the BakersfieId 13 Fire Department and the Kern County 14 Oistrict Attorney's Office. 15 (e) That defendants cease and desist all 16 business activity, and other activity 17 ' at 527 East I9th Street, Bakersfield, 18 California until ali violations of 19 the Uniform Fire Code have been 20 compiled' with and such compliance has 21 been approved of by the Bakersfield 22 Fire Department and its Hazardous 23 Materials Unit. 24 25 26 Page 3 I 2. That this court order defendants, and each of 2 them, to show cause, at a time and place to be fixed by this 3 court, wh~ a Preliminary Injunction should not issue as prayed for here. 5 3. That Plaintiff be granted such other and further 6 relief as to this court may seem fit and just. 7 DATED: July ~~- , 1989 Respectfully submitted 8 EDWARD R. JAGELS 9 District Attorney 10 11 B ~ el J Yraceburn ' 12 Deputy District Attorney 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Page 4 4 MEMORANDUM OF POINTS AND AUTHORITIES l HEALTH AND SAFETY CODE SECTION 25500 ET. SEq. Where a violation of the Hazardous Waste Control Act has occurred injunctive relief shall be granted to the People 6 of the State of California. Health and Safety Code Section 7 25181. When it is determined that any person has engaged in, 8 is engaging in, or is about to engage in any acts or practices , 9 that constitute or will constitute a violation of Health and SafetF Code Section 25100, e~t. seq. or any rule, regulation, permit, covenant, standard, or requirement, the district ' attorney of the county of which the practice occurred shall make application to the Superior Court enjoining such acts and for an order directing compliance. Health and Safety Code Section 25181. In a civil action pursuant to Health and Safety Code Section 25100 where a temporary restraining order, preliminary injunction, or permanent Injunction is sought, it shall.not be necessary to allege or prove at any stage of the proceedings that irreparable damage will occur should the 20 teaporary restraining order, preliminary injunction, permanent 24 injunction not be issued. Health and Safety Code Section 22 25184. Furthermore, it is not required to show that the remedy 23 of law is adequate. Id. The Superior Court which has 24 jurisdiction over the matter shall issue such restraining 25 order, preliminary injunction and permanent injunction without 26 such allegations or without such proof. Page 5 Based on the complaint and the declarations'in 2 support of this application, the remedy of law is inadequateeven if this was required. Without this. temporary restraining order the conditions at 52? East 19th Street, 5 Bakersfield, California, known as Brookshire Plating, will continue to deteriorate. A careful reading of the Declarations 7 reveals that the cyanide levels and the heavy metals levels are 8 at standards where the potential for extreme hazard to the 9 environment and to any individuals who come in contact with l0 these material is greater. The Declaration of Ralph E. Huey shows that defendant, Brookshire, has failed for a long period of time to make the necessary corrections to remedy these practices, or clean up the waste that is on his grounds. The public policy as expressed in Health amd Safety Code Section 2510! requires that the court take action to prevent these conditions from getting worse. Therefore, this court should issue the temporary restraining order and have an order to show cause.for the issuance of a preliminary injunction. II 20 BUSINESS AND PROFESSIONS CODE 17200 IS BROADLY 21 INTERPRETED TO PROHIBIT A NIDE RANGE OF CONDUCT 22 Defendants have engaged in acts of unfair competition 23 which is defined in Business and Professions Code Section 17200 24 to mean and include "unlawful, unfair or fraudulent business 25 practices and unfair, deceptive, untrue or misleading 26 advertising and any. act prohibitive by Chapter 1 (commencing Page 6 with Section 17500) of Part III of Division 7 of the Business 2 and Professions Code." 3 Our Supreme Court expansively interpreted the meaning 4 of 'unlawful business practices": 5 An ,unlawful business activity" includes 6 "anything that can properly by called a 7 business practice in that at the time is 8 forbidden by law." [Citation.] The 9 Legislature "intended...to permit 10 tribunals to enjoin on-going wrongful business conduct in whatever conduct such ' activity may occur." People v. McKale (1979) 25 Cal.3d., 626, 632. Deception is not necessarily an element of unlawful business practice. Indeed, the Supreme Court has noted that the scope of the term "unlawful" transcends limits of deception. Barquis v. Merchant's Collection Assn. (1972) ? Cal.3d 94, 111 - 112. The Court held Barquis that the statute- was intentionally framed in its broad, 20 sweeping language, precisely to enable judicial tribunals to deal with the 22 innumerable 'new schemes which the 23 fertility of man's invention would 24 contrive.' 25 Id. at 112. 26 Page 7 Thus, section 17200 e_~t. seq. "provide clear authority to deal 2 with unfair competition, as it is broadly defined therein, 3 which can ~include any unlawful business practice." Hobby 4 Industry Assn. of A,ertcan Inc. v. Younger (1980) 101 5 Cal.App.3d 358, 371. 6 Consequently, the courts of this state have denounced 7 as unfair competition a wide range of unlawful business 8 practices such as the operation of a mobilehome park in 9 violation of the Mobilehome Park Act, other statutes, and 10 administrative regulations, People v. McKale, supra, 25 Cal.3d 626; the filing of debt collection lawsuits in improper 12 venues, 8arquls v. Merchants Collection Assn., supra, 7 Cal.3d 13 94; the sale of obscene literature, People v. E.#.A.P., Inc. (1980) 106 Cal.App.3d 315; the conducting of a business in ~5 violation of the Accountancy Act, People v. Hill (1977) 66 ~6 Cal.App.3d 320; the selling of whale meat in violation of the ~7 Penal Code, People v. K. Sakai Co. (1976) 56 Cal.App.3d 531; ~8 and the improper disposal of chicken manure, People v. Nte,eyer 19 (1986) 186 Cal.App.3d 1636. 20 In essence, an action based on 17200 e~t. seq. to 21 redress unlawful business practices "borrows" violations of 22 other laws and treats these violations, when committed pursuant 23 to business practices independently actionable under section 17200 e_~t. geq. and subject to the distinct remedies provided thereunder. See, People v. McKale, supra, 25 Cal.3d at 638. 26 Page 8 I The only defenses to an action based on "unlawful 2 business practices" are that the particular practice is not 3 unlawful. As the Court of Appeal has ruled, We look to the particular unlawful practice 5 in question...to determine the available 6 defenses, rather than to the section which 7 creates the additional enforcement vehicle '8 (section 17200). 9 Hobby Industry Assn. of America, Inc. v. Younger, supra, 101 10 Cal..App.3d at 372. Thus, defenses such as business considerations or lack of ' 12 deception or fraud and such other defenses not aimed at proving the lawfulness of the allegedly unlawful behavior are completely unavailing. I~d., at 371-72. In addition to unlawful business practices, section 17200 includes "unfair" bUsiness practices within the meaning 17 of unfair competition. Although no California appellate court has yet delineated the parameters of the term "unfair business 19 practice," plaintiff respectfully suggests that the guidelines 2O promulgated by the Federal Trade Commission and sanctioned by the United States Supreme Court in FTC v. Sperry & Hutchinson 22 Co. (1972) 405 U.S. 233, 244, offer the best assistance in 23 judging whether a particular business practice is unfair. As 24 the court recited, 25 26 Page 9 The Commission has described the factors it 2 considers in determining whether a practice 3 that is neither in violation of the 4 antitrust laws nor deceptive is nonetheless 5 unfair: '(1) whether the practice, without ? necessarily having been previously 8 considered unlawful, offends public policy 9 as it has been established by statutes, the lO common law, or otherwise--whether, in other words, it is within at least the penumbra ' 12 of some common-law, statutory, or other established concept of unfairness: (2) whether it is immoral, unethical, oppressive, or unscrupulous; ($) whether it causes substantial injury to consumers (or competitors or other businessmen).' 405 U,S. at 244 fn.5. These factors do not have to be currently present to find a 2O practice unfair. The Supreme Court indicated in Sperry & Hutchinson, supra, that in measuring a practice in light of the 22 elastic standard of unfairness, it is appropriate to act as a 23 court of equity and consider "public values." Id. at 244; See 24 also, SpteEel, Inc. v. FTC (7th Cir. 1976) 540 F.2d 287, 293. 25 26 Page 10 A strong regard for these public values influenced 2 the opinion of our Supreme Cour't in Bondanza v. Peninsula 3 Hospital & Medical Center {1979) 23 Cal.3d 260 the only 4 California case which clearly finds a business practice unfair 5 within the meaning of Section 17200 without regard to the 6 deceptive or unlawful character of the practice. In Bondanza, 7 supra, hospital patients were required to sign an admission 8 form providing that the patients would be liable for collection 9 I. costs in the event their accounts were referred to a collectio[ lO agency. The hospital separately agreed with a collection agency to apply one-third of the amount of the account owed at the time of the referral to the collection agency as a commission, and this charge was passed on to the patient. Notwithstanding the absence in the record of evidence showing that the one-third charge was unreasonably high the Supreme Court found the practice unfair. See, Id. at 272. (Dissenting Opinion.) The Court noted that the admission form constituted an adhesion contract; that medical bills often amounted to many 2O thousands of dollars, one-third of which mlght be an enormous sum; that patients rely on medical insurers whose delays or 22 errors cannot be controlled; and that no relationship may exist 23 between the collection commission and the cost of collecting 24 the account. Id., at 267. 25 26 Page 11 1 The court apparently did not consider the reasons, 2 justifications, motives, or utility of the defendant's 3 conduct. Rather, the court seems to have focused on the overreaching nature of the adhesion contract, the oppression 5 that might result from patients paying very substantial 6 collection costs and being penalized for their insurer's delays 7 and errors In processing payments, and the public policy 8 against contractual "penalty" clauses which in this case 9 provided for collection commissions unrelated to collection 10 costs. Although the court did not articulate the basis for its opinion, the court appears to have been guided by factors similar to those approved in Sperry & Hutchinson for the '13 evaluation of unfairness. In short, the California Supreme Court has apparently adopted the standard that: A practice is unfair when it offends established public policy and when the practice is immoral, unethical, oppressive, unscrupulous or substantially injurious to 19 consumers. 2O Speidelt Inc. v. PTCt suprat 540 F.2d at 293. In broadly denouncing "unfair" business practices, 22 the Legislature recognized that -- 23 lilt would be impossible to draft in 24 advance detailed plans and specifications 25 for all acts and conduct to be prohibited 26 [citations] since unfair and fraudulent Page 12 4 business practices may run the gamut of 2 human ingenuity and chicanery. 3 People ex tel. Mosk v. National Research Co. of Cal., (1962) 4 201Cal.App.2d 765, 772. 5 Consequently, the doctrine of unfair competition must 6 remain supple to meet the challenge of the protean forms of 7 unfairness which fertile minds may devise. I.~d.; See Barquls v. 8 Merchant's Collection Assn., su@ra, ? Cal.3d at 112; Ojala v'. 9 Bohlln (1960) 178 Cal.App.2d 292, 293; Family Records Plan, l0 Inc. v. ~itchell (1959) 172 Cal.App.2d 235, 245. Clearly, the acts and practices of the defendant falls within the area of unfair competition. The Legislature 43 44[[ has set forth in its findings and declarations that there are strong policy reasons for the regulations for hazardous materials and hazardous wastes. Health and Safety Code Sectio~ 25100 et. seq. Ail businesses that deal in the plating industry must comply with these regulations and statutes unless they are exempted. The defendants have obtained an unfair edge in their competition with similar businesses. Therefore, even 2O without the mandatory injunctive relief of Health and Safety Code Section 25184, violations of Business and Professions Code 22 Sections I?aO0 would require that this injunctive order issue. 23 24 25 26 Page 13 ~ III 2 THE DISTRICT ATTORNEY IS STATUTORILY AUTHORIZED TO OBTAIN INJUNCTIONS AGAINST 3 UNLAWFUL, UNFAIR OR FRAUDULENT 4 BUSINESS PRACTICES Section 17204 states "Actions for injunctions 5 6 pursuant to this chapter may be prosecuted by the Attorney 7 6eneral or any District Attorney... in the name of the People 8 of the State of California upon their own complaint or, 9 complaint of any board, officer, person, corporation or 10 association .... . Although the authority under Section 17204 11 applies only to actions under Section 17200, a similar 12 provision for violations of Health and Safety Code Section 13 25100, et. seq. is found in Section 25181. 14 iv INJUNCTIVE RELIEF IS LIBERALLY 15 ALLOWED IN ACTIONS UNDER BUSINESS AND PROFESSIONS 16 CODE SECTION 17200 AND HEALTH AND SAFETY CODE SECTION 25500 17 Code of Civil Procedure section 527 provides the 18 general statutory authorization for preliminary injunctive 19 relief. That section provides in pertinent part, that: 20 An injunction may be granted at any time before judgment upon a verified complaint, 21 or upon affidavits if the complaint in the one case, or the affidavits in the other, 22 show satisfactorily that sufficient grounds exist therefore. 23 24 Civil Code Section 527. 25 The purpose of preliminary injunctions in consumer 26 protection cases was stated by the Supreme Court in People v. Pacific Land Research Co. (1977) 20 CaI.3d 10. In that case, Page 14 -the court reviewed a preliminary injunction issued by the Kern 2 County Superior Court upon the motion of the Kern County 3 District Attorney's Office. The court stated The purpose of the injunction is to 5 preserve the status quo until a final determination is made upon the merits, and 6 the issue before court was whether defendants would suffer greater harm from 7 its issuance than the people would suffer from its refusal. Making this assessment, 8 the court was required to determine whether there was a reasonable probability that the 9 people would prevail on the merits. 10 Id., at page 21. 11 There is no reqUirement of a showing of irreparable 12 injury in eases involving a preliminary injunction where the 13 injunction is authorized by statute, and the statutory 14 conditions are satisfied. Paul v. Wadler (1962) 209 Cal.App.2d 15 615. "The theory is that when a legislative body has 16 authorized the injunctive remedy for the violation of a 17 statute, it has determined as a matter of law that irreparable 18 injury attends the violation of the statute .... " Id., at 625 19 (emphasis in original). It should be noted that the 20 Legislature has even gone a step farther in Health and Safety 21 Code Section 25184 as discussed previously, irreparable damage 22 does not have to be alleged or proven. 23 24 25 26 Page 15 Where an injunction is authorized by statute, a 2 violation thereof is good and sufficient cause for its 3 issuance. California Association of Dispensing Opticians v. Pearle Vision Center, Inc. (1983} 143 Cal.App.3d 419, 433; 5 People v. Synanon Foundation, Inc. (1979) 88 Cal.App.3d 304, 6 309. 7 V 8 PLAINTIFF IS LIKELY TO PREVAIL AT TRIAL 9 The Declarations of Ralph E. Huey. and Joe Canas lO attached hereto, and incorporated herein, indicate that defendants have engaged in a violations of the Hazardous Waste Control Acts and the Uniform Control Act requirements. The Declarations show conduct by defendants fall well below the standards allowed by those statutes and regulations. Based on the attached declarations and further evidence to be presented at an Order to Show Cause hearing, it is likely that Plaintiff will prevail at trial. 18 // // 20 // // 22 // 23 // 24 // 25 // 26 // Page 16 1 CONCLUSION 2 For the reasons stated'herein, and under the standard 3 set forth in Health and Safety Code Section 25181, Plaintiff's application for a Temporary Restraining Order and Preliminary 5 Injunction should be granted. 6 DATED: July ~__, 1989 Respectfully submitted,. 7 EDWARD R. 3AGELS 8 District Attorney !' By ~ ~ D~l~ty District Attorney 14 20 22 23 24 25 26 Pa~e ~7 1 EDWARD R. JAGELS, District Attord ~-~L 20 P'. County of Kern 2 Michael J. Yraceburn Deputy District Attorney 3 Consumer Fraud & Environmental Protection Un.lt~._ Kern County Justice Building 4 1215 Truxtun Avenue Bakersfield, CA 93301 5 Telephone: (805) 861-2421 6 Attorney for Plaintiff 7 8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF KERN 10 . . . . . . . 11 THE PEOPLE OF THE STATE OF CALIFORNIA, ) No.~ ) 12 Plaintiff, ) DECLARATIONS OF ) RALPH E. HUEY. 13 vs. ) JOE CANAS AND ) MICHAEL 14 KENNETH L. BROOKSHIRE dba ) YRACEBURS BROOKSHIRE PLATING, ) SUPPORT OF APPLI- 15 and DOES I through 30, Inclusive, ) CATION OF TEMPOR- ) ARY RESTRAINING 16 Defendants. ) ORDER AND ORDER TO 17 ) SHOW CAUSE DECLARATION OP RALPH E. HUEY I, Ralph E. Huey, declare as follows: 1. I am employed by the Bakersfield Fire Department 2O Bakersfield, California. 2. I am employed as the Hazardous Materials 22 Coordinator of the Hazardous Material's Division. As such I 23 responsible for the implementation and enforcement of the laws 24 and regulations as set for pursuant to Health and Safety Code 25 26 Section 25100 e__~_t, seq., and the Uniform Fire Code. I have a Bachelor of Science Degree in Materials Engineering and a Master's I of Business Administration. I worked in the hazardous 2 materials industry for approximately 20 years, the last two as 3 the Coordinator for the hazardous Materials Division of the 4 Bakersfield Fire Department. 5 3. Specifically, in regards to my duties as 6 hazardous Materials Coordinator, I am the custodian of records ? for all of the Business Plans filed within the jurisdiction of 8 the Bakersfield Fire Department Including inspections of them. 9 I do follow-up inspections of all businesses such as Brookshire 10 Plating that develop problems and review their handling of 11 hazardous materials. Furthermore, based on my experience and 12 review of the records in the matter of Brookshire Plating, I 13 have determined that the following factsexist. 4. On June 6, 1989, the Kern County Hazardous 15 Materials Task Force caused a search warrant to be served at .16 527 East 19th Street, Bakersfield, California, County of Kern. 17 A copy of this search warrant is attached hereto as Exhibit 18 "A." ' 19 5. That on June 6, 1989, ! conducted an inspection 20 of 527 East 19th Street, Bakersfield, California, commonly 21 known as Brookshire Plating. That this inspection was to 22 determine compliance with previous letters of noncompliance 23 that had been sent out and included in the affidavit in support 24 of the search warrant that was served on this date. (Exhibit 25 "A.") 26 1 6. That many violations of the Uniform Fire Code had 2 not been complied with and that these violations had occurred 3 in the past year. Over this period of time the Bakersfield 4 Fire Oepartment had been attempting to obtain voluntary 5 compliance. 6 7. That several of the fixed storage tanks contained 7 chemical solutions of hazardous materials where not properly . 8 labeled. 9 8. That hazardous materials were allowed to spill 10 onto the ground In such a manner that it is improperly stored 11 and, that this material was then washed into either the sewage 12 drains or onto the gutter that exits onto the street. 13 9. That a search of the storage areas of 527 East 14 19th Street revealed that acids and cyanide compounds were not 15 segregated and were stored in such a manner as to be extremely 16 hazardous in the event of an explosion or fire. 17 10. Based on my training and experience in this 18 area, I determined that the conditions I observed at 527 East 19 19th Street, Bakersfield, California, were long standing and 20 were conditions that were.not being immediately resolved by the 21 owner/operator. 22 11. That I have observed these conditions within the 23 past year and had so notified the owner/operator of these 24 conditions and that only minor attempts had been made to comply 25 with the previous notice of violations. (See, Exhibit "A'.) 26 1 12. In the event of a hazard, or fire or other 2 emergency situation, the hazardous materials so stored and 3 improperly labeled would present an extreme threat to the 4 environment and/or any other individuals or to any individuals 5 who came in contact with these materials as a result of such 6 fire or emergency. 7 I declare under penalty of perjury that the 8 foregoing is true and correct to the best of my knowledge and 9 belief. Executed this/,Y~_~ay of July 1989. at Bakersfield. 11 California. // ~azardous ~aterial Coordinator 14 / Bakersfield Fire Department 15 17 19 20 21 22 23 24 25 26 1 DECLARATION OF JOSEPH CANAS 2 I. Joseph Canas, declare as follows: 3 1. I am employed as a Hazardous Materials Specialist 4 for the Kern County Health Department. I have been employed 5 since January. 1985. I received a Bachelor of Science in 6 Natural Resources Management (Environmental Sciences) in 1983. ? Since then, I have received approximately 370 hours of trainin 8 in field testing, investigation and management of hazardous 9 materials. For the last three years I have worked for the Kern 10 County Hazardous Task Force at various tasks, one of which has 11 'been the interpretat'ion of the analytical results of samples 12 taken from various test sites. 13 2. On June 6, 1989~ the Department of Health 14 Services Participated in a search warrant at 527 East 19th 15 Street, Bakersfield, Cali'fornia, and that I was the 16 Environmental Hazardous Materials Specialist assigned from the 17 Hazardous Materials Management Program to inspect said 18 property. A~ a result of that inspection, I have determined 19 the final facts exist. 20 3. That in conjunction with other members of the 21 Kern County Health Department, inspection was made and samples 22 were taken from various locations throughout the site. 23 4. The sampling was done in accordance with accepted 24 procedures for the testing of hazardous materials and hazardous waste. 1 5. A total of eleven samples were taken and such 2 samples were forwarded to the BC Laboratory. Inc. at 4100 3 Pierce Road, Bakersfield, Cali~fornia, in a sealed condition. 4 6. That the results of the testing of those samples 5 are attached hereto and incorporated herein as Exhibit "B." 6 7. That based on my training aad experience the ? results of the samples indicate that high levels of restrictiv 8 hazardous waste of cyanides and heavy metals exist. 9 8. Furthermore, based on my training and experience 10 and upon the review of the lab analytical results, 'the 11 chemicals found in both the water and the soil have been disposed of and poses substantial present or potential 13 hazardous to human health.and the environment because they 14 been improperly dispOse'~*.o*i}.' 15 9. That these materials are combinations of wastes 16 of such quantities and concentrations or physical, or chemica 17 characteristics, that they pose a substantial, present or 18 potential hazard to human' health or the environment because 19 they were improperly treated, stored, transported, or disposed 20 of, or otherwise managed. 21 10. As a result~of .this inspection, ! caused a 22 Notice of Violation, which reflects what I observed, to be 23 served on Kenneth L. Brookshire, attached hereto and 2z incorporated herein as Exhi )it ~"C." 2~ I declare under.penalty of perjury that the foregoing 26 is true and correct to the .beSt of my knowledge and belief. 1 Executed this day of July, 1989, at Bakersfie]d, 2 California. --/~'~'z~-- ' -~-~---~~/~_~L~------ 3 / Jose~ Cana~ 4 / Hazardous Materials Specialist Kern County Department of Health 5 6 7 8 9 10 11 12 13 15 16 17 18 . 19 20 21 22 23 24 25 26 1 COUNTY OF KERN, STATE?9F '?~]~O~l~ 39 2 5 COUNTY OF K~RN ) 6 7 8 On the basis of my persona~ know~edge and on the 9 basis of other information contained in this a~fidavit 10 and in the att&chment~ hereto, ~, HONARD N. EDDY, being 11 duJy sworn, depose and say that there is probable cause 12 to believe and ~ do believe that the property and things 13 described in the search warrant are seizabJe within the 14 meaning of Pena~ Code Section ~524. 15 Your a~iant, is an ~nvestigator ~or the District 16 Attorney,~ Office, County of Kern, and in that capacity 17 has acted and obtained the fo~Jowing information in 18 support o~ the petStion for search warrant. That 19 ln~or~&tion includes officjaj police reports and 20 r~co~ds and officia~ documents attached and incorporated 21 he~e~n ~ ~xhibits to this affidavit. 22 ~ believe that there is prob&ble cause for the 23 issuance of & search warrant based on the fo~owing 24 facts:' 25 26 EXHIBIT 1 Your affiant, HOWARD N. EDDY, is an Investigator for 2 the District Attorney and is presently assigned to 3 investigate hazardous materials and/or hazardous waste 4 violations. Your affiant has been assigned haz-mat 5 related investigations for more than the past 6 approximately four years. 7 I have attended over 300 hours of specialized 8 training in the detection and investigation of these 9 crimes, as well as health and safety at hazardous 10 materials, hazardous waste and clandestine narcotics lab 11 sites. 12 That training includes an 80 hour Hazardous Waste 13 Investigation Course at the Federal Law Enforcement 14 Training Center, two 40 hour Hazardous Materials Incident 15 Operations and Mitigation Courses presented by the U.S.- 16 Environmental Protection Agency, as well as numerous 17 additional shorter schools and seminars. In addition 18 your afftar~ has assisted in teaching other Officers a 19 California 40 hour Hazar4ous Materials Investigation 20 Course. 21 Xn addition ~o o~her fire and environmental laws, the following terms identified in Sections of the 25 California Health and Safety Code ~re applicable in my 24 determination of probable cause as set forth in this 25 affidavit. 26 2 EXHIBIT ' 1 The Hazardous Waste Control Law is set forth in 2 Sections 25100 et. sec~ of the Health and Safety Code. 3 The following references to code sections will be to the 4 Health and Safety Code unless otherwise noted. 5 Section 25117 defines hazardous waste as follows: 6 Hazardous waste means a waste, or combination of wastes, which because of its quantity, concentration, 7 or physical, chemical or infectious characteristics may either: 8 9 (a) Cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating 10 reversible, illness. 11 (b) Pose a substantial present or potential hazard to human health or environment when 12 improperly treated, stored, transported, 13 or disposed of, or otherwise managed... Sect/on 25113 defines "disposal" as follows: 14 15 "Disposal means to abandon, deposit, inter or otherwise discard waste." 16 17 Section 25116 defines "handling" as follows: 18 "Handling means the transporting or transferring from one 19 place to a~other, or pumping, processing, storing, or 20 packaging of hazardous waste, but does not include the 21 handling of any substance before it becomes waste." Section 25123 defines "storage" as follows: 23 "Storage means the containment of hazardous wastes, 24 either on a temporary basis or for a period of years, in 25 such a manner as not to constitute disposal or use of such hazardous waste." EXHIBIT // 1 Section 25123.3 defines "storage facility" as 2 follows: 3 "Storage facility means a hazardous waste facility at 4 which hazardous waste is contained for periods greater 5 than 96 hours at an offsite facility or for periods 6 greater than 90 days at an onsite facility." ? Section 25123.5 defines "treatment" as follows: 8 "Treatment means any method, technique, or process which 9 changes the physical, chemical, or biological character 10 or composition of any hazardous waste or any material 1~ contained therein, or removes or reduces its harmful 12 properties or characteristics for any purpose." 13 on or about 5/5/89 I received information from the 14 Bakersfield City Fire Department Hazardous Materials 15 Coordinator that his office had been invest/gating a firm 16 known as Brookshtre Plating located at 527 East 19th 17 Street. That firm is an owner operated facility 18 conducting,a metal plating operation. In coordination 19 with Investigator Richard Harger of the Bakersfield City 20 Fire Arson Bureau, Mr. Ralph Huey, Hazardous Materials 21 Coordinator for Bakersfield City Fire, provided the 22 following information. 23 Hue¥ stated that as early as December of 1987 when 24 the Bakersfield City Fire Hazardous Materials Business 25 Plan Program was first getting on line, a request for a 26 4 I business plan was sent out to Brookshire pursuant to 2 Chapter 6.95 of the California'Health and Safety Code. A 3 completed application was subsequently received by the 4 City from Brookshire, however, it had numerous 5 deficiencies and failed to address a large part of the 6 requirements. In an effort to obtain compliance, various 7 phone calls and contacts were made with the company and 8 on or about 6/10/88 an inspection was conducted. During 9 that inspection conducted by Huey, he observed numerous 10 violations of the Health and Safety Code as well as the 11 Uniform Fire Code. On 6/13/88 Mr. Huey wrote a notice of 12 violation letter to the firm outlining various violations 13 relative to the Health and Safety Code. See Exhibit "A" attached and inc°9~ofated herein by reference. 15 Huey told me that due to the newness of the program 16 and their desire to assist businesses with coming into 17 compliance, his notice of violation letter was only 18 directed towards specific fire violations his program was 19 responsible for. Huey told me that additional telephone 20 calls and communications were made with subject 21 Brookshire in a continued effort to further gain 22 compliance. Those communications were made throughout 23 the year 1988. " 24 On or about FebruarY'2, 1989 Huey again inspected 25 the Brookshire facility.and subsequently completed 26 1 another "second notice of violation" letter to Mr. 2 Brookshire dated February 7, 1989 outlining his continued 3 failure to comply with Bakersfield City Fire Hazardous 4 Materials Program outlined in Chapter 6.95 of the Health 5 and Safety Code. See Exhibit "B" attached and 6 incorporated herein by reference. According to that 7 letter, Huey indicated that serious violations were 8 noted. In an effort to urge the facility to come into 9 compliance, he gave a $0 day time-frame ending March 10, 10 1989. In that notice he states, "Several containers of 11 hazardous chemicals were leaking. This must be corrected 12 by repackaging or disposal of the material." In addition 13 Huey indicated to me that highly toxic materials were 14 still not properly stored or segregated in the back of !5 the building. Huey identifies various acid and cyanide 18 chemicals which were illegally stored in close proximity 17 and in a dangerous manner. In addition Huey stated that 18 plating tan~s permit spillage and also there were still 19 several leaking storage drums of materials found. In an 20 effort to document the conditions he had observed during 21 this subsequent inspection, Huey also took numerous 22 photographs showing the containers and problems he 23 observed. Those photographs are included as Exhibits~'C" 24 through "W" to this affidavit and are incorporated herein 25 by reference. 26 EXHIBIT 1 On or about March 16, 1989 yet another follow-up 2 inspection was conducted by Huey of the Bakersfield City 3 Fire Hazardous Materials Division. It should be noted 4 that Huey had subsequently hired an additional 5 Technician, a Mr. Duane Meadows, who had previous 8 experience in the hazardous waste clean-up industry. ? Meadows accompanied Huey on the March 16th inspection and 8 in addition to those observations previously made by 9 Huey, Meadows told me that in his opinion it would appear 10 that gross contamination is present on large areas of the 11 facility. This terminology is used to explain incidents 121 where hazardous waste contaminates various areas. Gross 13: contamination clearly indicates potential quantities well 14 beyond those expected in the normal legal course of 15 business. In addition Huey and Meadows noted that very 18 little progress had been made pursuant to their office's 17 notice of violations and requests for corrections 18 previously ~dentified. 19 As a result, yet another letter was submitted to Mr. 20 Brookshire' dated March 21, 1989 which identifies various 21 hazards observed and indicates that corrective action 22 must be taken by Brookshire Plating in order to avoid 23 possible legal action. 24 On April 25, 1989 yet another retnspection of the 25 Brookshire facility was made by Huey. As a result of 26 ? 1 that inspect/on a referral memorandum was generated to 2 the Hazardous Materials Task Force by Huey. That 3 memorandum was dated 4/25/89. A follow-up memorandum 4 dated May 5, 1989 was subsequently submitted via Captain 5 Harger which further detailed his findings. That 6 memorandum states that during the inspection on April 7 25th, numerous of the previously identified serious 8 problems had still not yet been corrected. In addition 9 the memo ends with a statement that "ground contamination 10 i's very possible at the site and that disposal of 11 hazardous waste may be being accomplished illegally." 12 That memorandum is attached as Exhibit "X" and 13 incorporated herein by reference. In an effort to obtain 14 fo/low-up information, both Mr. Huey and Mr. Meadows were 15i interviewed. Huey again stated that although he observed 16 numerous violations which appear to be extremely serious 17 in nature, no referrals were made outside his office 18 until approximately April 25, 1989 because of their continuing efforts to obtain voluntary compliance. Once 20 it was clear that this voluntary compliance appeared to 21 be impossible to obtain in a timely manner, the 22 information was turned over to Fire Invest/gat/on Bureau 23 personnel for referral to my office. 24 Subsequent conversations with Huey indicated that he 25 has been the Hazardous Materials Coordinator for the City 26 8 1 of Bakersfield for the last.approximately two years; that 2 in that capacity he holds a BA Degree in Materials 3 Engineering from the University of Pittsburg, as well as 4 an MBA from the University of Duquesne. Previous to 5 being employed by the City of Bakersfield, Huey was 8 employed by the Pacific Southern Foundry Company and has 7 approximately twenty years of management experience in 8 the field of metals production including being 9 responsible for handling of hazardous materials. Based 10 on his training and experience, H~ey stated that although 11 he is not fully familiar with al/ the criminal disposal 12 provisions of the Hazardous Waste Laws, in his capacity 13 he is directed to specifically enforce the provisions of 14 the Hazardous Materials and Business Plan as identified 15 in Chapter 6.95 of the Health and Safety Code and 18 Division 80 of the Uniform Fire Code and has attempted to 17 obtain compliance in his official capacity.. 18 I subssquently spoke w/th Mr. Duane Meadows who was 19 recently hired by the City of Bakersfield as a Technician 20 in the Hazardous Materials Office. Meadows stated that 21 he has completed numerous general education courses 22 towards an AA Degree and was previously employed as a 23 Field Supervisor for the IT Corporation. In that 24 capacity he oversaw hazardous mater/als and hazardous 25 waste clean-ups in conjunction with state and federal 26 9 EXHIBIT 1 authorities. Meadows has also completed in-service 2 training consisting of various 40 hour hazardous waste 3 classes and he has instructed in hazardous mater/als at 4 Bakersfield College. By virtue of his training and 5 experience and in addition to the Hazardous 8 Control Act, Meadows is more familiar with the particular 7 provisions of the Hazardous Waste Laws. 8 Meadows told me that based on his training and 9 experience in conjunct/on with his observations, he 10 believes that several of the items identified in the 11 previous notices of violation attached as Exhibits to 12 this affidavit and depicted in the photographs attached 13 as Exhibits "G" through "W" of this affidavit constitute 14. disposal of hazardous waste at an unauthorized point in 15 violation of the California Health and Safety Code. 18 In addition to further document conditions at the 17 Brookshire Plating, Harger and I learned that the 18 Bakersftel~ City Waste Water Division had a recorded 19 history of non-compliance by the Brookshire firm. Your 20 affiant subsequently contacted Wen Sbt Cheung, a Waste 21 Water Supervisor for the Bakersfield City Public Works 22 Department. Cheung told me that she has a BA in 23 Horticulture with an emphasis in Chemistry and 24 additionally has an MA in Pharmaceutics. She stated that 25 she is certified in Waste Water Treatment Operations by 28 10 L 1 the State Water Resources Control Board and further 2 certified at the journeyman level as an Industrial Waste 3 Inspector by the Californi.a Water Pollution Control 4 Association. She has approximately seven years of work 5 experience in the waste water field. In her capacity she 8 is responsible for the development and permitting of 7 industrial waste and sewer dischargers. In her official 8 capacity she has made numerous inspections and had 9 numerous contacts with the Brookshtre facility dated back 10 as far as 1987. She stated that her concern is that 11 Brookshire is a "categorical discharger.,, She explained 12 that this means certain categories of industries are 13 categorized by their likelihood of producing hazardous 14 by-products which mig~t:..be discharged into the sewers. 15 She stated that as such the PH (a measurement of acidity 16 or alkalinity) released from such facilities tends to be 17 corrosive and if not controlled, can cause damage to 18 sewer line~. In addition she stated that metals and 19 cyanides can be released from such facilities and cause 20 toxic effects to the sewer lines. Furthermore, both of 21 these constituents ultimately can reach the sewage 22 treatment facility and either cause damage to the 23 microorganisms or'result.in the placement of heavy metals 24 into the sewer sludge. This placement of heavy metals 25 into the sewer sludge could ultimately result in the City 1 of Bakersfield having to have that material hauled to a' 2 hazardous waste disposal facility. Cheung further stated 3 that part of her duties are to assure compliance with 4 E.P.A. Standards as set forth in 40 C.F.R. She stated 5 that these are standards for sewer Pre-treatment 8 facilities and that if the City of Bakersfield does not 7 enforce those standards, they would be out of compliance 8 with federal law and that inturn could cause the City to 9 suffer a loss of funding and/or fines from the Water 10 Resources Board or the Environmental Protect/on Agency. 11 Cheung stated that based on the above provisions, 12 Brookshire is required to turn in "semi-annual reports" 13 to the City of Bakersfield 'Waste Water Division. She 14 stated that over the last five years E.P.A. has required 15 self monitoring discharge standards from "categorical 18 industries.,, In addition since approximately 1987, the 17 City of Bakersfield has had a compliance and permitting 18 program. ,She stated that Brookshtre was formally 19 notified in 1987 of their previously ex/sting duty to 20 self monitor. Cheung stated that this self-monitoring 21 included the taking and processing of waste water samples 22 and reporting the results to the City of Bakersfield. 23 Cheung stated that over the last three years she has 24 obtained additional staff and made efforts to identify 25 the categorical dischargers. In the course of her 12 Er! i'",IBIT, official duties she has had numerous contacts with Mr. Brookshire of Brookshire Plating. She told me that on each occasion Brookshire has refused to self-monitor and on some occasions has refused to allow City staff to take accurate samples for analysis. She specifically explained that he has interfered in the collection of accurate information by apparently modifying his process to not accurately reflect his discharges into the sewer when confronted by City personnel attempting to take samples of his discharge. Cheung further explained that industries have routine discharges based upon the levels and volume of materials they discharge. She stated that in older areas of town it is'impossible for her staff to take a discreet sample away from the facility and thereby obtain an accurate record of the facility's discharge. As such she or her staff must make contact at the facility and request to obtain a sample from the nearest known dlsGharge point. She stated in the case of Brookshire, this point consists of a floor drain located in one area of his plating works. She said that both she and her Inspectors have reported that when they went to take a sample from the Brookshire facility, Mr. Brookshire would either increase his flow of clear water in some cases or in other cases would intentionally cease plating operations. She stated that as a result, the EXi-IiBIT , - I information that they received was of a negligible value 2 in attempting to correlate the actual discharges by the 3 facility. Cheung stated to me that based on the number 4 of times she has attempted to obtain such samples and the 5 consistency of the above-described activity, she believes 8 that Mr. Brookshire is intentionally defeating the ? sampling process. Based upon the borderline results that 8 she has obtained during those samplings, she believes 9 that there is reasonable likelihood that if accurate 10 sampling were taking place, those samples would show that 11 Mr. Brookshire is not in compliance with E.P.A. 12 Standards; therefore, Brookshire appears to be allowing 13 various toxic materials to be released into the sewer. 14 Those materials would likely include chemicals prohibited 15 by California Law for disposal and could likely be at 18 levels that would mean Mr. Brookshtre was illegally 17 disposing of hazardous wastes into the sewer. See 18 correspondence with Brookshire attached as Exhibit "Y" 19 and Exhibit "Z" incorporated herein by reference. 20 Due to the fact that the Bakersfield City Waste 21 Water Enforcement Program is relatively new and the 22 uncertainty of her results, I contacted Mr. Norman 23 Cotter, the Chief Industrial Waste Inspector for the City 24 of Los Angeles. Mr. Cotter has over 20 years of 25 experience in the waste water field and has participated 14 EXHIBIT _. 1 in the Los Angeles County District Attorney,s Hazardous 2 Waste Strike Force. In that capacity he has been the 3 waste water liaison person to that Strike Force. In the 4 course of his employment he has invest/gated numerous 5 plating shops in the Los Angeles area and has been 6 responsible for assisting in the investigation and 7 prosecution of several criminal cases involving the 8 discharge of California hazardous waste into the sewers 9 of Los Angeles by those plating shops. I reviewed the 10 information supplied by Ms. Cheung and Mr. Huey with him 11 and showed Cotter the phOtographs identified as Exhibits 12 "c" through "W" to this affidavit. Cotter told me that 13 based upon his training and experience it would be almost 14 impossible for Brookshire not to be disposing of 15 hazardous wastes at levels which would violate the 16 California Hazardous Waste Control Act Laws into the 17 sewers. In addition, Mr. Cotter stated that the level of 18 free cyanides is extremely hard to test for. He stated, 19 however, that in his experience such facilities release 20 residual metals at levels which exceed the California law 21 and additionally the PH level of their releases often exceed hazardous waste levels. Cotter stated that based 23 upon his training and experience and after reviewing the photographs attached as Exhibits "C" through "W" to this affidavit, Brookshlre is almost certainly in violation of 26 15 EXHIBIT ~ the E.P.A. pre-treatment standards and in the discharge 2 of hazardous materials into the ground through leakage 3 from containers and processing tanks that would 4 constitute hazardous waste disposal. 5 In the course of this investigation your affiant has 8 also coordinated with Captain Richard Harger of the 7 Bakersfield City F/re Arson Investigation Bureau. 8 Captain Harger is assigned as investigative liaison of 9 Bakersfield Gity Fire to the Hazardous Materials Task 10 Force. In addition to well over 300 hours of specialized 11 training in enforcement of the Uniform Fire Code 12 provisions and in investigation and prosecution of arson 13 and other Fire Code type crimes, Harger has been employed 14 as a Fire Fighter for over 22 years and has been 15 specifically involved in arson and code enforcment for 18 the last seven of those years. In conjunction with your 17 affiant, Harger has reviewed all of the above-referenced 18 information 'and has participated in making contact with 19 the various individuals who have provided information in 20 the course of their employment. Based upon his 21 independent review of the information, Harger told your 22 affiant that numerous misdemeanor violations of the 23 Uniform Fire Code regarding the illegal storage of 24 hazardous materials are evident at the Brookshire 25 facility. Harger further told me that based upon his 28 EXHIBIT // , 1 training and experience ~n fire investigation, the 2 conditions identified by Huey would create an extreme 3 danger to fire 'fighting personnel in the event any type 4 of fire were to occur at the Brookshire facility. 5 Specifically, the discharge of fire fighting water 8 through high pressure would almost certainly mix the ? cyanides and acids together due to their poor storage 8 condition and close proximity. He stated that in 9 addition to the normal hazards associated with any type 10 of fire .or explosion at a plating type facility, the 11 storage problems identified by Huey would create an 12 extreme danger through the possible· creation of cyanide 13 gas. He stated that based upon the volume of materials 14 present and depending~pon smoke and fire conditions, 15 that gas and/or chemical release combined with the other 18 unknowns at the facility could endanger the public 17 downwind for some distance.' On May 24, 1989 your affiant 18 spoke with Kit Davis-,. SUpervisor for the California 19 Department of' Health Services in Fresno. Computerized 20 records of' all hazardous waste manifests documenting the 21 transportation and disposal of hazardous wastes are 22 maintained via a data terminal in that office. He 23 advised that they had reviewed the records concerning 24 Brookshire and had been unable to locate any manifests 25 showing the legal disposal of' hazardous waste from that 1 facility. In addition the U.S. Environmental Protection 2 Agency, San Francisco Office and the Department of Health 3 Services Unit responsible for maintaining E.P.A. Facility 4 I.D. Numbers required to be included in such hazardous 5 waste manifests were contacted. They advised that they 8 were unable to find any record of an E.P.A. I.D Number 7 being issued to Brookshire. 8 In addition your affiant spoke further with Davis 9 and was advised that according to his official records 10 and data base search, Brookshire or any similar name at 11 527 East 19th Street in the City of Bakersfield has never 12 been issued a hazardous waste facility permit authorizing 13 the storage, treatment or disposal of hazardous waste for 14 that address. They further stated that all such permits 15 and applications concerning Kern County are maintained in 18 the Fresno Regional Office either in their original or in 17 the form of duplicate originals (which would also be held 18 in Sacramento.) In addition they stated that because 19 Kern County Environmental Health does not maintain an 20 active hazardous waste generator program, that their 21 Fresno District Office would be responsible for the 22 routine inspections of any authorized hazardous waste 23 generators in Kern County. As such they have no record 24 of having been requested to or inspecting Brookshire 25 Plating pursuant to the provisions of the Hazardous Waste 18 1 Control Act. 2 These various sources would normally be able to 3 identify any authorized activity by Brookshire if that 4 were on record. Based upon the negative results obtained 5 from checking these records and based upon the 8 information supplied by the officials I consulted, as 7 well as my training and experience, I believe that the 8 negative results tend to show that illegal storage or 9 disposal would likely be occurring at such a facility 10 absent any records to the contrary. 11 Furthermore, based upon all of this information, 12 your affiant would request that specialized personnel 13 assist law enforcement wi'th the execution of this ~4 warrant. 15 Your affiant has worked with Inspectors of the ~8 Hazardous Materials Unit of the Bakersfield City Fire ~? Department, the Bakersfield City Waste Water Division of ~8 Public Works and the Kern County Division of ~9 Environmental Health. I know that they have received 20 specialized training in the proper handling, sampling, 21 storage, and disposal of hazardous materials and waste. 22 Your affiant believes that the services of these 23 Inspectors will facilitate the safe and efficient 24 execution of this search warrant and specifically with 25 regard to the collection and preservation of samples. 19 EX IiBIT I Your affiant requests that these said Inspectors be 2 authorized to assist in the execution of this warrant. 3 Based upon a review of all of the above information 4 and in conjunction with your affiant's training and 5 experience, I believe that the information shows there is 8 probable cause to believe that Brookshire is illegally' ? storing and/or disposing of hazardous waste including 8 sludges, heavy metals, cyanides and acids at an 9 unpermitted facility in violation of the Hazardous Waste 10 Control Act and Health and Safety Code Sections 25191 and 11 25189. It is your affiant's opinion that evidence of the 12 nature and method of such illegal storage and disposal 13 will be found at the premises of Brookshire Plating and 14 in the surrounding property and ground. 15 18, 17 18 20 21 22 24 25 20 1 Based on the above facts, your affiant requests that 2 a daytime search warrant be issued with respect to the 3 above location for the seizure of said property and that 4 such property be held in the custody of this officer or 5 that of a Hazardous Materials Lab pursuant to California 6 Penal Code Section 1536 and/or disposed of according to 7 law upon petition of this court or any of competent 8 jurisdiction. 10 '~OWARD N. gDDY 12 14 Subscribed and sworn to before me this .... ~ ....... ~ay of 15 -.----e~,~ , 1989, 17 18 . Judge of the~~'' 19 County of Kern, State of California 20 21 22 23 24 25 26 21 CITY of D "WE C/tRE" ;~RE D~PA~TMENT ~ ~JEEOHAM FIRE CHIEF 2101 H STREET BAKERSF;LED. 32~39 JUNE 13 19°3 I,r.l? 'IR. DROOIiSIlIRE: ;:~'rTr.'E UF VIOLATION AND SCIIEDULE FOR COHPLi,\,~iCE ["' ]'lie I:'.'SPECTION OF YOUR BUSINESS BROOKSllIRES pl,..vrz.~G, I.')L'3. TF.D AT .~27 E. 19TH STREET, BAKERSFIELD, CA 93305 ON IS-ln- $~8 TIlE FOLLOIqING IIAZARDOU$ ~ATEEIALS ~EGULAT[ON VI'OLXTIoNS ~ERE IDENTiFiED: l J [N['EUTOEY OF HAZARDOUS HATERIALS IH YOUR DU~[HESR I'I,:~N {':r'~)HPLETE. A PARTIAL LIST OF ADDITIO~L~L HX'PERI:XLS FOUND BUT NOT ON [NVEN'Fn~y [NvLI.'DE: CYLI~IDER, ACETYLENE CYLINDER, cAUSTIC SODA. I)IE CHErl, Zl~.,(· d~~ C,'.,HiDE, HOTOR OIL, ETC. VIOLATION OF Cfi. R.96 CALIFO{t~flA & SAFETY CODE 25509{A)11_4) The a~mua~ inven[or~- form ~hnl. l i[lC[llr{q, but n,,~ be limit, ed [o, informat, ion on =1{ of th~ ~'hieh ar-.handled in d~.t~tti, eies co,mi f~ or ~roa~et. "hah ~[~c, q~,antitiem suecified in subdivision Iai ,~r S~ct'.ic)n nnme~ o~ ever~- hazardous subwtance or chemical oeodu~t handled b>- tho husin,ss. [2} The cat. e~or~, of ~:a~ta. inciudjn~ th- ,;aste listed b~, urobnb[~ ,naxim,'~m and the business. ' - (3) A listi~ or' ~he ,~h,'micn/ name and cnm~on nrtme9 o[' ~ver~, otheu {{;lznrdnu9 ma~ria[ or mi':tt;re ~ontainin; a hazardous mate~.ial {,a,,dl-d b~- bt~mirte~s which is ;](,t othe;.,..j;e Ii=re,{ our;,,anr uara=ranh (1) or (2). ' 1'L'' -. EXHIBIT ,( (4) The ma×i~num'-=an, ount of e~c,h h~--.~'~ou~ material or m[xtur~ corltainin~ a ha~ar.,~,,~ matori:~L disclosed in oara~ru~,h~ (I), (2}. and handled at. any one tim,,'by the busine~ courge of the :21 Bt.'r;[?;FSS PI,&N DOES NOT RECORD TIlE PROPER LOC.\T[oN OF .\LL [[-\r-\RDOUS H,\TERIALS WITIIIN TIIE FACILITY. VIOLATION OF CALIFORNIA tlEALTH AND S,\FET~' CODE, CIIAPTER $.95, The annual inventory form shall include, but ~hail not be limited to, info'rmation on ail of the followin~ which are handled in Ouantities eoumi to or .~reater than the ~uantitie~ e~ual to or ~reater than the ~antities ~mecified in subdivision {a; of Section 25~O3.~: Sufficient information on how and where the hazardous materials discJ, osed in ParagraPhs (1), (Z}, and (3} are handled by the business to allow fire; ~nfety, health, and other appropriate Personnel to ~;repare adeouate emergency responses to Potential releases of the hazardous materials. 3)ALL ADOVE GROUND TANKS REQUIRE.PROPER LABELS, AS WELL .%S. TIlE BUILDING OR ROOM REQUIRES A SIGN. VIOLATION OF'UFC 80.111 ,~,~. ~ ., la) /%11 ab'ore.round st. ora~e tanks, pre.~sure vessels" v ' '~.~ ~nd container~ over 1OO. ~llons Iwater capacity) r~ermanently installed, mounted or affixed and used for ~ ~he stor3~e of flammable and combustible liquids ~.'~% c'ommre~sed ~ases, or hazardous chemicals regulated by L this a~ticle, ~hall be identified in accordance with ~ ' U.F.C. Standard No. 79-3. Labels ~hall conform-with U.F.C, Standard'No. 79-3 for size 'and color and shall be affixed to tank, or container so as to be conspicuously visible at ali ttmes. ' (b) When any tank coy,red in this section is' housed ,~ithin a buildin~, the build, in~ 9hall have the hnzard Ldentification label..'in a consoicuo,.ls location the exterior of the building. t 'lo c ' ~'°~'rr:\INERS OF HATERiALS NOT PROPERLY L:\LIELED. V]'OLATION OF OSilA 1910. I ( ! I The c:hem~c~l manul'ncturet*, imro~ t~r, rlisrrib, tor shal.l ensure that each container I':~=ar,tous chemi,~als [eavin~ tl~e ~orl{Dl3C~ i~ I~heL~d, or marl{ed ,¢ith the t'otlo,¢in~ Ln/'ormnti,,n: f'[) [d,'ntitv o[' thC hazardous chemi,.n I.(~) . (~JAODroortate hazard ~arnln~s; and (iii)Name and address of the chemical m~nuf~ctu=er, importer, o= other responsibl~ P~rtF. {4) Except ~s Provided in P~ra~rsDhs (~ ~nd ~he emDloyer shall ensure that each container of hazurdu~ chemicals in the ~o~kDlac~ is labeled, razzed. or marked with the follo~in~ information: ((}Identity of the hazardous chemical(s~ contained the=cia: and {ii]Aup~opriate hazard ~arnin~s. (~] The employer mai. use ~i~ns, placards, Process ~h~ets, batch tickets, oPera'tinZ Procedures, or other ~cl~ ~ritten materials in lieu of affixin~ labels ~o in,iividual stationar7 P~oce~s containers, as inn~ as the alternative method identifi.~ the uont~ine=s to ~{hich it is applicable and conveys the information reouired b~- omraufaph (2} oW this section to be on [ab.i. The ~'itten mate=isis sh~ll be readily- accessible to the emDlo~-ees in thei~ wo=~'a~ea th~ou~hout each ~ork shift. (?) The emDloFer shall not remove of deface exist(ns labels o. incomin~ containers of h~zardous chemic~ls~ unless the eo~taine~ is immediat%l~ marked ,~ith the =e~uired information. {8] T~e emDloFer shall ensu=e that labels or o~her fo~ms of wm=nin~s a~e le=ibie, in English, and Prominently displayed on the container, or readily available in the work area throughout each ,~ork ~hit't. ,. ~mD[o)'ers havin~ employees ~4~o speak other ian~ua=~s ma~, n,ld t. he information in their language to ~he ~at,.riai presented, as long as the info=marion is presented in ~n~lish as well. ............ EXHIBIT ~) ':,) ~'ARNING FOR EXPOSURE TO CHEHICALS KNOWN TO C.\NCER. VIOLATIO>I OF C.\I,IFORNIA HE.\LT!! ,\~:[' q..\FI~TT CODE CtlAPTER 6.6, SECT. ~5.19 R~quired Warnin~ Befor~ ExDosur~ To Ch~cals '.,, c~t~e Cancer Or Reoroductiv. Toxicktv "o pe,=,~n the ,~,,ur~e of doin~ busines~ shall know[n=l~ and intentiohally expose any individual to a chemical t,., th,, state to cause cancer o~ ~ep~oductive toxicitw ,.'ithout first ~ivin~ clea~ and reasonable ~:arnin~ to such individual, except ms provided in Section 252[9. HATERIAL SAFETY DATA SIIEETS NOT AVAILABLE. VIOLATION OF OSHA 1910. 1200 (~) The emDlo,ver shall maintain copies of the required material safety data sheets for each hazardous ch.mLcal in the ,~orkolace, and shall ensure that thew :~r'. readil,v accessible durin~ each work shift to -mDlo.vees when the,v are in their work areals) (h)(l) INFORMATION. Employees shall (i)The requirements of this section (ii)Any operations in their work area ~.'here hazardous chemicals are present; and, · ' (iii),The location and availability of the written hazard communication pro.ram, including th~. reouired list(s) of hazardous chemicmls, and material safet,v data sheets re(luired b,v this section. HIGHLY TOXIC MATERIALS NOT PROPERLY STORED OR SEGREGATED BACK BUILDING. VIOLATION OF UFC 80. (a} Hi~hl,v toxic materials shall be segregated from other chemicals and combustible and flammable substance~ ':Y stnr~ge out of doors or in a room or comrJa,'tment ~emarated from other areas b~' a one-hour occuvancr seoaration constructed as ~Decif/ed ill the [h~ildin~ C,,,ie, The storage room ~ha}.l be provided ,~ith ad.~unte drainage facilities and natural or mechanical v,,nl'il, nt.[on to the outside al,mosuhere constr,~ct.,! ?pe¢.ifie,t ia the Hechanical Cc,de. EXHIBIT , PI.~Tr:;r; T.\.~:I:S PEP, NIT ~;PI'I.L'd-;E, A, LSn TIIERE I~ERE SEV'ER~i I.E.::[~:G ST(~R&('iI~ DI~II~I~ c~F NITEr[ALS FOI~ND, AND SEV~.I~I. ,~p[':. Vf~)I..U~I():/ OF IIFC: D,:t',,otive ,2onlainera ;~hieh ~e['mi~ le~kaie.'or lag,-: =hall he disposed of or repaired in accordan,~ re,.c, gHiued ~al'e practices; no mD/lied material I b~ allo~.:ed to ~ccumulat. e on floor~ ur shelves. /I.-~ZA~DOIIS N.~TEllIALS I I~ASTE} [HPROPE~Ly LEARING ONTO TIlE rte, gAT/ON ?F ClI.6.5 OF TIlE CALIFORNL~ 11..'... AHO ~..,FETY CODE SECTION 25179.2 E ITIl "ici The disposal of untreat . . . or onto land ~vithoul ud ......... ~d.ha~ardous tht'ealenm not only ~k= , .. . n/ca/ safe~uardu ' ' '~ I~ ' ,taiua~e Lo vitnl ....... ~er~, blood d&a~, I?'I.%DEQIIATE'M~ASURES TO MITIG , , , ..... ,,o ~,K u{I;I¢AG~ CONTAINERS. V[O[.ATION OF O..%i.rFORNrA {{EALTH AND SAFETY CODE CHAPTER 6.95, 25504 h.,.:itj',i,~t~.~ muL,:vial , inclu,lill~, ['nil. not liliilLt:,l I~, the t. hr~atened release t.o minifni:~ an~- r)oP~ntLnL harm or damage to persons, enviro~ment. ' ~vacuation plans a~,J Proeed,~r.~, immediate notice, for the business site. T1. nh,>v~ violations 1, 2, 3, 1, 5, must be correct, ed b~' ,!),rl~., 2~{, ]f)~8. VioLations 6, 7, 8, 9, 10 must b,: corrected ),~' Jut.v 14, 1988. Tt .... ~e~:artment ~ill schedule a re-inspection of ~o,,r ~neility to yeti. fy compliance. If you have anF auestions re~ardin~ ~his nor. ice, please contact Ralph iluey at 396-3979. fEBRUARY ?, 1989 DEAR >iR. BROOKSHIRE; A RE INSPECT~ION OF YOUR BUSINESS, BROOKSHIRES PLATING, LOCATED AT $2? E. 19th STREET, BAKERSFIELD, CA 93305 WAS MADE ON FEBRUARY 2. IT WAS APPARENT THAT ALTHOUGH SOME PROGRESS HAD BEEN MADE TO SATISFY THE NOTICE OF VIOLATIONS ISSUED IN JUNE OF 1988, FULL COMPLIANCE WAS NOT ATTAINED. THESE VIOLATIONS ARE SERIOUS AND MUST BE CORRECTED. THIS SECOND NOTICE OF VIOLATION IS INTENDED TO IDENTIFY THE CORRECTIONS THAT MUST-'BE MADE WITHIN 30 DAYS, (bF March 10 1989). FAILURE TO COMPLY MAY RESULT IN C~'VIL-LIABILITY OF UP TO $5,000 PER DAY OF VIOLATION. THE CHEMICALS USED AT YOUR FACILITY MUST BE PROPERLY STORED IN S~FE ~NON LEAKING CONTAINERS. PROPERLY SEGREGATED, PROPERLY LABELED AND STORED !N AREAS WITH PROPER HAZARD IDENTIFICATION. SPECIFICALLY THE FOLLOWING VIOLATIONS MUST BE CORRECTED. 1) SEVERAL CONTAINERS OF HAZARDOUS CHEMICALS WERE LEAKING. THIS MUST BE CORRECTED BY RE-PACKAGING OR DISPOSAL OF THE MATER I AL. VIOLATION OF UFC 80.103(C) Defective containers which permit leakage or spillage shall be disposed of or repaired in accordance with recognized safe Practices; no spilled material shall 'be allowed to accumulate on floors or shelves. 2) CHEMICALS IN STORAGE MUST BE PROPERLY SEGREGATED, ACID MUST NOT BE STORED IN ?HE SANE AREA AS YOUR CYANIDE CO>:POUNDS VIOLATION OF L'FC 80.107 a Highly to:<ic materials s~all be segregated from other chemicals and .3omoustib!e and flammable substances by storage out of doors or in.a room or compartment separated from other areas by a one-hour occupancy separation constructe~ as specified in the Building Code. The storage room shall be provided with adequate drainage faczlities an~ natural or ;nechanlcal ventilation to the outside atmosphere constructed as specified in the Mechanical Code. EXCEPTION: Approved storage cabinets for hazardous materials may be used for limited amounts approved b~'the chief. (b) Legible warning signs a~d ~laoards stating the nature and location of the highly toxic materials shall be posted at all.entrances to ameas where such materials are stored or used. 3) YOUR CHEMICAL STORAGE AR] MUST BE PROPERLY IDENTIFIED. VIOLATION Visible hazard identification si~s as specified in U.F.C. Standard No. 79-3 shall be placed'at all entrances to and in'locations where hazardous materials are stored, handled or...~sed in ~uantities requiring a permit. --',-.~. 4) ALL CONTAINERS OF HAZ..RDOUS -MATERIALS MUST BE PROPERLY LABELED. THIS INCLUDES STORAGE DRUMS, BOTTLES, TANKS, BUCKETS OR BAGS.----ALL CONTAINERS MUS~ BE LABELED. VIOLATION.~F OSHA 1910.1200 (1) The ch~mic~ ...... ~. ..... importer, or distributor,shall e~ure that each container of hazardous chemicals..~eaving the workplace is labeled, tagged or marked wi%h the following information: (i)Identity of %he hazardous chemical(s;. (ii)APPr°D~iate~hazard warnings; ~nd (iii)Name and address of the c'~emieal manufac.tu~er, imDorte=., or ~t~er/r~sDonsible Darty. (4) Except as DroviGed!' in paragraphs (3) and (4) the employer shall ensure .that' each conuainer of hazardous chemicals in'the.-workDlace is labeled, tagged, or marked with the fol-l, owin$ information: ~i)Identit.v of t'he hazardous chemical(s; contained therein; ana {ii)APPropriate nazar,J ;~arnin~s. (5) The emDlower maw use signs, placards. ~rocess sheets, batch tickets, oDeratin~ Procedures, or other such written materials in lieu of affixin~ laDeis individual stationar~ process containers, as lon~ as the alternativm ~etho{i identifies the containers to which it is applicable _and ~conveys-the information required by paragraph {2)'of this section to be on ~a0e~. The written materials Shall be readily accessible to the emplo-y.e~, i~' their ~ork area throughout each work shift. (7) The employer shall not"'remove of deface existing tahels-'on_ ~comiag containers of hazardou~ chemicals~'unless the container is immediately marked with the requimed information. (:$} 'The employer shall ensUre that labels or other forms-of warnings are legible, in English, and prominently displayed on the container, or readily avail&~e in the work area throughout each work. shift. Employers having employees who speak other languages may add the ihformation in their language to the material Drese~te~, as long as the information is presented in ~) MATERIAL SAFETY DATA SHEE~ FOR ALL OF YOUR~A~j~OL~S. MATERIALS MUST BE MAINTAINED ON SITE. VIOLATION OF OSHA I~10.1200(G) (9) Material safet~ data sheets may be ~eD% in any form, inclu4i~r~o~eratin~ procedures, designed to cover-groups 'of hazardous chemicale the hazards ~f a process rather than individual hazardous chemicals. However, the employer shall ensure that in all oases the required information is provided for each hazardous chemical, and is readily accessible during each work shift to employees when thev are in their work area(s). VIOLATION OF OSHA 1910.1200(H) (6) Chemical manufacturers or importers shall ensure that distributors and manufacturing Purchasers of hazardous chemicals are provided an appropriate material safety data sheet with their initial shipment, and with the first shipment after a material safety data sheet is updated. The chemical manufacturer or importer shall either provide material safety data sheets with the shipped containers or send them to the manufacturing Purchaser Prior to or at the time.of the shipment. If the materlai safety data sheet is not provided w'igh the shzomenu, the manufacuurin~ purchaser'-shall' .abtain one from the chemical manufacturer? ~mDorrer. or distributor as soon as possible. (h) EmDloyee information~and training. Employers shall provide employees with information and training on hazardous chemicals in their work area their'initial assignment, and whenever introduced into their work area. 8) ALL HAZARDOUS MATERIALS WITH QUANTITIES ABOVE THE MINIMUM REPORTING QUANTITIES MUST BE REPORTED ON YOUR HAZARDOUS MATERIALS BUSINESS PLAN VIOLATION OF CH. S.9~ CALIFORNIA ~EALTH & SAFETY CODE 25509(A)(1.4) The annual inventory form shall include, but shall not be limited to, information on all of the followin~ which are handled in ~uantities e~ual to or greater than the ~uantities specified in subdivisioR (al.~of Section 25503.5: (l) A listing of the chemical nmme and commen names of every hazardous substance or chemical product handled by the business. (2) The category df w~e~ including the general chemical and miner~l"~mposition of the waste listed by probable maxi~om and minimum concentrations, of every hazavdous waste handled by the business. (3) A listing of the chemical.zna~e~=cO~mon names of every other h&zarc[ous .at~.terial...or mixture containing a hazardnu~ m-.t..ia| handl~/'%~ th~' business which is not otherwise liet~d'Dursua~%-to paragraph (1) or (2). (4) The maximum amount of each hazardous material or mixture containing a hazardous material disclosed in Dara~raDhs (1), (2), amd (3) which is handled at any one time by the busi~r~ss over the course of the year. VIOLATION OF CALIFORNIA ~EkLTHi:AND~$~FETY CODE, CHAP%'~R The annual inventory form shall include, but shall not be limited to, information on all of the following which are handled in Ouantitles equal to or greater than the Guantities eoual to or greater than the ~uantities sDecified in subdivision (a) of Section 2~02.$: Suft'icient information on how and where the hazardous materials disclosed in paragraphs and (3) are handled by the business to allow fire, safety, health, and other appropriate Personnel to prepare adeauate emergency responses to potential releases of the hazardous materials. 7) YOUR BUSINESS PLAN MUST CONTAIN AN EMERGENCY RESPONSE ?LAN AND PROCEDURE FOR MITIGATION OF CHEMICAL RELEASES. VIOLATION OF CALIFORNIA HEALTH AND SAFETY CODE CHAPTER 6.95, 25504(B Business plans shall include all of the following: Emergency response Plans and Procedures in the event of a reportable or threatened release of a hazardous material, including, but not limited to ail of the following: , (1) Immediate notification to the administering agency and to appropriate local emergency rescue Personnel and the office. (2) Procedures for the mitigation.of a release or threatened release to minimize any potential harm or damage to persons, Property, or the environment. (3) Evacu~tio~ Plans and Procedures, including immediate notice, for the business site. AS WE HAVE STATED IN THE PAST OUR OFFICE IS AVAILABLE TO ASSIST YOU IN MEETING THESE REQUIREMENTS---BUT---THESE VIOLATIONS MUST BECORRRCTED. The department wilZ~e~U~ a re-insPection of your facility to verify this notice pleas~'~ have any ques~Cions regardin~ ' Ralph Huey at 326-3979- * Sincerely, ' .~..~ ~- Ralph E.Huey ~.~ Hazardous Materials c~o~dina~or ~. "' EXHIBIT F ,, ,-'" EXHIBIT K L,,,ilBIT EXHIBIT ,,,, EXHIBIT CITY OF ; HAZ~tRDOUS I~"ITERIRLS OIV[SION .[ ~ = F,re ~afety Control D, TE: [~J = H~ous ~ater~aia Task Force . FRO~: CITY OF BAKERSFIELD F~RE DEPARTMENT H~ZRRDOUS ~flTERIRL5 DIV[~ION Hazardous Waste - Disl3osal ( ) [liege[ I]u~ Otscove~ed Hazardous ~te - Sto~e ( ) [l~a[ Teans=o~tatton Uaste Oil - Ots~aal ( ) UnOerground Ta~ - ~ PerMtt Waste Otl- Sterne ( ) Other Un~er~roun~ Tank - ~l[~a~ [n~t~latton ( ) F!RE SAFETY CONTROI ( )Extts ( ) S~rink[er Syste~ ( ) ~sle Sgactng (.) Stand Ptge -- ( )' Hoods & Ranges ( ) Othe~ ( ) Fixed Ext. Syste~(s) Hood and/o~ 13~=ts ( ) AZR POLLUTrON CONTROl See Re~a~ks See Re~a~k s REHRRi(S: EXHIBIT ........ : ! "I4'E CARE" Mmy 5, 1989 TO: Hazardous Haterzals Task Force FROM: Rall3h E. Huey. H~zardous Materxals Coorctinato SUBJECT: 8rookshire Plating - SZ7 East Igth Street On Tuesday April Z5, tgsg Brookshlre Plating. located at SZ7 East Igth Street uae reinsoected. This reinsoection uae Rads re~er'ence to the memo delivered by certified m°il and dated March Zl, 198g (enclosed). This Re~o specifically stated that the ;olloming three ite~m ~ust be corrected by Friday RI3ri! 14, 1989. I) Your che. ical storage ~ust be properly segregated, acids ~ust not be stored ~n the s~e ares s your cyanide co~13ounds. Z) ALL Hazardous Materials containers oust be I~rol=erly labeled -- This includes al! clru.s, t~ks, bottle. buckets or b~ge. 3) Your Hazardous Materta~s bus~nees ~len ~ust be u;dated to include the inventory of a/L hazardous Nete~ials you hove on hand. as .el! as an emergency response plan ~nclud~ng notification ~roceduree and sO~]] ;reventton. mini,zzation and clean u~ 13rocedurea. Zte~ one did shem so.e effort end Drogress tn cleaning h~s cbs,ica! storage roo~. Houever this mos far fro, coaglete. Many small quenttttes of various acids and toxic -aterlaZs mere ~resent as meL! as severa~ unZdent~f~ed or unknown ~OroDer!y stored on o~en ~ooden she!vas. This is in o~ secttons 8~.1~3. es. la4 and aS. la? of the u.F.c. edition). [ts. ,~ shu~ed l~tt!e or no ~roQrese m~th fixed containers rmt l~Led, druws not labeled and s.a!Ler Cluantttlee o¢ a vlr~ky ~ ~mtlrlaLs n~ ~ro~erly !abeled. Th~s ts In violation If ~ I~I~-IZ~, UFC 8~.1~3 and UFC ]te~ three re~u~red the bus,ness ~Lan to be returned by RI~! 14. 1989. This ;lan had not been recetved bY the ti.e of the ina=action on R~ril Z5, 1989, he.ever It ~s received Thursday ~l=r~l Z?, 1989. E×HIBIT .... P~Je g 8rooksh~,-e Plat ~ng In general housekeeozng zs stil! very Ooor, leaking coma~ners were observed in violation of UFC Sec 80.1~3. ~terzals zn violation o¢ Ch 6.gS California Health and Safety Code ~ection :SSJ6. Ground contaalnation is vePy Dosszble at the site. dl~oo~al of hazardous waste ~ey be being accoeDlished illegally an~ aany containers are being le~t oDen not proDerly REH:vo ENCLOSURE EXI-ii~l'i': .... EXHIBIT _ /7 .... ' '"' ~ ~J. Mr. K. BrooKshire 527 ;. 19th S~ree~ Bmke~sfiml~, Ca. 93305 D The b~z&r~ou8 ~Ceri~ls Division of ~be ~.~.~4.,~ ~ ..... ~once~_~z~rao~s ~er~ls. To tA~s end u or~s~na~ ~nsDecC~ 19~h Street, B~ersfieAd. Ca. 93305 on ~e Z0. Z988. Severa~ '' 'n'D'e~zon '' "d' °n Febru'ry 2' 1989' ~h'' ~°Z'°' ~ vzo~atzon8 nd mDec~tca~ZF reau~r~ correc~on by ~cb 10, 1989 A ~h~ ~noDect~on conduc~ on. ~rch 16th I~owed that llttZe progress bad ~en ~e ~o QOBDZF. 'Th~s memo ~. ~ntended t~ ~nfo~ you ~b~t ~aiZure ~o correct,on: ..~ese deficiencies ~il1 (Per Ca~forn~a Hea~h ~d Safer7 Code e m, " A~ril 14th or we do ia~end to ~ursue th~. ~n 1) Your chem~ca~ o~orule m~ be ~roDer~y molrela~., aci~ mu8~ not ~ 8~or~ ~n ~he s~e area ~8 your OFfiCe ; comDo~. 2) ALL Hasa~ou~ ~teriaAo contazners must be ~ro~erAy ; labeA~ -. Th~s AncAudeo aAA drm, ~t"~l, bo~Ae I b~ke~s or ~la. -- ' ~. on h~d, 8s we~ ~s 8n emerfenc7 response ~d{~ no~f~os~on Urooedures and' s=~ ~reven~on, meeting these requirements. To be certain &Il items listed ia the FebruarF 7, NOV must be corrected. The three items listed in this memo, however mus~ be corrected b7 Amril 14th to avoid legal action. Since~el~ Yours, H&Z&:doul ~&~eFi&~l CooFdiD&~oF MEMORANDUM "WE CARE" Apr'-i -',.. I88~ TO: ~le ATTN: fial~h £. Huey, · F~OM: Ouane MemOo~a, Mai Mat Planning Tec~ntclan ~USJECT: Ina;action (Follow-up) on March lB, 1989 FACILITY: Brookshira Plating 527 East Igth Street Bakersfield. CA 93305 On Thursday, March IG, 1989 at approximately 1858 hours a follow up inspection was conducted of Brookshire Plating. Prament were Mr. Brookshire, owner of the business, Mr. Ralph Huay. Hazardous Materials Coordinator, Bakersfield City Fire Oepartmen% and myself. Ouane Meadows, Hazardous Matariaia Planning Technician flakersfieid City Fire Department, ' Mr, Huey asked Mr, 8rookshire if the violations from the February 2, 1989 inspection had been correctea, Mr, 8rookshire re;lied by making myself what my job duty was, I replied by telling him 6.95 of the California Health and Safety Code in filing there Business Plans. Hazardous Materials Inventory Farm, Emergency Response Information, Evacuation' Plans and Procedures, Trainxng, and Risk Management and Prevention ~rogpams for businesses that handle Acutely Hazardous Materials along with inspections, At that point Mr, Huey asked to see the storage area and other par~a of the facility. As we walked through the building Mr.' 8rookahira stated that he had no Hazardous Materials and why did he have to fii! out paper work. X replied that under $.9S of the Health and Safety Code that businesses must file an inventory of the materials they handle which ara in the raper%lng quantities in fact the ms,oriels he does handle were hazardous. Mr. Huey end ] noted %hat the only thing that Hr. 8rookahire had done ~41 te place 4 sign on the door going into the storage area, "Pros 65 Sign'. Looking into the darken storage .where the cyanide and acids were stored there was no change, axceot that several leelb fiber drums were gone. I did net ask where the d/'u~s had gene to and we [eft the area and headed back te the front. ~t a~earad that no other corrections had been made ia: o~en containers with acids (sulfuric and hydrochloric), bass materials, sodium hyctroxide and unknowns. As we walked out Mr. 8rookshira gut his hand on my shoulder and aazd X didn't mean to get upset at yowl I did not reply. The business as a whole As a one person operation that is not well kept. It would appear that gross contamination ls 411 about the facility and that this individual has little or no regard for =ublic health and safety or the environment. h (H BIT B~k.~r'sf i e I O, CA A compliance rnonitor-in~ of youp facility as eequieeO ~y EneloseO is a copy of ~e la~ analyses Upon pevi~w c,f the la~ ~'~por't it ~as b~en ~e~eprnir, ed that ye, ur ~aellity ia in violation ~ith the City's Dischapge Pe,-rnit No. ~-BK--O00~ fop t~e following compound~: ~ Peemit =ax imu~ ChpoMiuM (to~al) ~ ~ rog/1 --- 1.0 m~/1 Hexavalen~ Chr'omiu~n ~.~ m~/l. 0.6 mS/1 You ape also in violation of Pap~ C, No. a violation of th~ 40C~R (Code of ~eOepal Regulations) 40~. 1~ (e). Please make e~fopts ~o cop~ec~ ~his violations. Additional monitoring of you~ facility ~ill ~e pequi~ed until comgliance is ve~i fieO. Should you have any questions PegaPding this Mattep please con~ac~ Wen~hi Cheung oe Pamela Man,on a~ ~$1~ Works Manage~ .. Charles J. ~u~'r,e~ ac=o~a~g co p~oper s&mpl~g p~oceou~es. The s&rnples should ~ -- of the violaCio~ in ac~aar,~e wi~h ~edeeai Regu/aCions. Wen-sba Cheu~ at E ~. W. SCHULZ L W~/~ EXHIBIT LABORATORIES, I[-I0. ~ J.~ J. I~I, JN, IIBG. CHIM. ~lg~. 4100 ~ ~., ~~, ~~ 9~ ~NE 327~911 ~ ~' ~ ~ ~e ~~: 0~/23/8g ~ 27~ N ~ ~ ~ ~e ~L~: 06/07/89 ~.n, ~ 9330[ ~t~ ~.: ~63-[ A~.: ~ ~ 861-276~ '~, 6/6/89 (Title 22, A~tlcle ZZ, Ca.l.t~oz, nia A~m~t~ve Coc~) C~nst/~ts ~le ~~ P.O.L. ~ ~ ~t~ ~ ~t~ 3.5 ~c ~ ~t~ 0.35 ' ~1~ 0.95 0.~ ~ ~10 ~111~ ~ ~~ 0.35 ~~ 1.2~ O. 35 ~ ~0 ~~ 6.33 O. 35 ~t ~ ~t~ ~. 7~ ~ ~1o ~ 11.9 !.75 ~~ ~ ~~ *o.o7 ~ tg. 7 t. 7s ~!~ ~ ~t~ 0.35 ~ 7741 SlI~ ~ ~t~t~ O. 35 ~ ~10 ~11~ N~ ~t~ 3.5 V~~ ~ ~t~ 0.35 Z~ :33. O. 35 ~~ 13,5 1.0 ~ ~3.50 O.OZ JUL t 9 1989 ENVIRONMENTAL H E. AL?H EXHIBIT RATORIES, Inc. 4100 ~F,,BCE RD., BAKEIIS~ELD, ~d. IIK)I~IA 93301 I~IONE 327-4911 }Q~T CO. ~ ]~i~ ])ate Rejoiced: 06/23/89 Page 2 2700 H ~ 3RDff~OI~ ])ate ReceLv~: 06/07/89 ~RS~Z~D, CA 9330! :T~aboz~toz~No.: 4463-! Atl~.: N~G~-~ 861-276! Sample Desc=iption: :]~1:X)]¢3]~ PL~T~: Si- T~<~:)~LZ]~:NG ~) ~ ~0~T~r b"Jt~Z~, 6/6/89 ~torv Crlter,~=, Cc~.~tlt~t$ ~_~ , Ant ~,-~,: ~y 15. 500. Az~e~c 5.0 500. ]~e~ylli== 0.75 75. --, .... ~ 560. ~2500. Cobalt 80. 8000. Copper 25. 2500. ~ead 5.0 1000. M~rcu.-y Y~lybdenum O. 2 20. · .... ~50, 3SO0. Nickel · · Selenium _ 20. 2000. Silver - ~' ' 0 100. 5.0 500. Var~dum 24. 2400. Z~-~ 250 ~ 5000. pH. 2-~2.5 2-12.5 an as z~ce~vecl (wet) sample basis. (TTLC) em sample subjected to approp~iate techr~clues to cletez~ne total leve~,s. P.q.L. = Pt*act~c~l q~nt~tat~ L~t (=e~e~s to ~he lea~c amount of ana~ce detectable Z.$. = '--~-=*~icle~.t Sample S?.C = 'SoZ,,;,b~e -~--~-shold Limit Ccmucer. tratl~n T?_¢ = Total -~.--eshold Ltm!t Canceler!an ' (') "Test .~e~-~zxis - - Ev-~!uat'._ug SO1,.d~astes. ~I 846, Ju/y, 1982. ~ , .~r. ucxms rg.. crlem~ca~ At. IFs-'s of Water ar~ Wastes" EPA-600, 14-79-020. 6/ · - ' 257 //- '-, ,..f' - ',- :~'-',~.u~.x . ~, ..... :._?' ~ CO. ~k~A~TH Date ~T=ortec~: 06/23/89 Page 1 2700 H STREET 3RD Fr.x:X]R DateReceived: 06/07/89 fLaJCERSF/~r.~, CA 93301 Laboratory No.: 4463-2 Atl::r..: AMY (31a~k~W 861-276! Sample Descriptic~.: ~ PLAT]2~: S2-SLUDGE, A~$ACENTTO ~OZLZi'qG ~ ]KIFirING ROCK, 6/6/89 TOTAL (Tt+~le 22, Article II, California Administrative Cocle) C~nst!~uents ~!e ~s P.q.L. ~ ~ ~t~ ~ ~t~ 10. ~ 6010 ~c 3.9 ~l~ 140. 1.0 ~ 40.7 ~= 245. 1.0 ~ 6010 ~I~ 15.3 5.0 C~r 39~. l. 0 L~ 336. 5.0 ~!~~ N~ ~t~ 5.0 Ni~I 3730. 5.0 ~!~'~ N~ ~~ I. 0 ~ 7741 St!~r 8.96 1.0 ~i= ~ ~t~t~ 10. V~'= 6.60 ZL-~ 1500. I. 0 ~ 6010 ~s 14. ~.0 ~ 8.35 0.0~ (See r.a~l: Page fo= C~ants, 'Def!n~tlc~s, .~ju/atory Criteria, ~ References) EXHIBIT " BORATORIES, Inc. )Yr~r,w J.J. Er, UN, BG. ~ ~ 41~ ~E W., b~KD, ~MIA 9~ ~NE 327M911 ~ ~' ~ ~ ~te ~~: 06/23/89 ~ 2 2700 ~ ~ ~ ~ ~te ~~: 06/07/89 ~~.~, ~ 9330[ ~a~o~ ~.: 4463-2 A~..: ~ ~ 86~-2761 Sample Description: ~JE2Q~G ROCt~, 6/6/89 Regulatory C~usti,--cmm~s STr, C, ma/L TTLC, ~ ~=~ 15. 5~. ~!c 5.0 5~. ~t~ 100. 1~. ~Ili~ O. 75 75. C~'~ 1.0 1~. ...... , ~ 560. 25~. Co~ 80. 8~. C~r 25. 25~. ~ 5.0 1~. ~r~, 0.2 20. ~1~ 350. 3500. N!~1 20. 2~. Sitar 5.0 5~. ~ I ~'~ 7.0 7~. V~-~ 24. 24~. Z~ 250. 5~. ~ 2-12.5 2-12.5 Y.~.L. = ~~ ~t~tt~ L~ (~fe~ ~o ~ 1~ ~t of ~e ~~1e ~ ~ ~1e s~ ,~ ~ ~lc~ ~~ ~1~. N.3. = N~ ~t~ (~~.=, if pr~.~, ~d ~ ~ ~ ~ ~ p.Q !.S. = I~fAci~= ~le .L.). ',I~. "T~= ~~ for ~~-~ ~lAd ~=~", ~ 846, ~y, ~982. (2: "~~r ~~ of ~ ~ ~-,.~ . . ~1s ~er ~ ~", ~A-600, ~4-79~20. EXHiBiT _ BORATORIES, Inc. 4100 IqERCE ID., ~K~D, ~~IA 9~ ~ONE 327~911 ~ ~' ~ ~ ~e ~~: 06/23/89 ~ ~ 2700 ~ ~ ~ ~ ~e ~t~: 06/07/89 ~~, ~ 9330~ ~a~o~ ~.: 4463-3 At~.: ~ ~ 86~-276Z ~ ~~ ~ ~ ~,' 6/6/89 TOTAL CONTAMINANTS (Ti:le 22, Article II, Ca/iforn!a Adm/n/strative Code) Ms~/xx~ Cc~:itu~:ts Sample Resu/ts P. 9. L. .Units Method Ant ~.~,=y 6.2 3. . Arsen/c N~ne De~ec~ed O. 35 B~:'.f, um 21.3 O. 35 m~/k~ 60,1.0 Beryl!£.,=: N~r~ Del:ecl:ed 0.35 ~um 16.5 0.35 lI~/kG' 6010 ~um 168. O. 35 l=j,/kg 603.0 Coba/t C°Pt~"' 3844 O. 35 ~ · Merc-=-y 377. 1. Mol~ Nct",.s Del:em:ed ~. 7,5 ~ckez 2C8. ~-. 75 Se!e~_~-,=a None Del:ecl:ed 0.3,5 mg/]~. 7743. S.f. lve,z. 2.3 0.35 ~J'/kg 60[0 "23~3.3.~..f, taa N(:me Del:ec=e~, 3.5 ~j, .~,g. 60!0 Vaz~adi,,.== t~me Detect:ed O. 35 Zi-lc mg/k~ 6010 Cyar.!dss 76.9 O. 35 mg/k~ 60:0 6.8 ' .0 p~ -...20 0.01 Other Tes~:s: Percs~.t Solids 3.33~ 0.05 ~ _ (See :as~ Pag~ fmr Commits, Def'.-.it-'or._~, -Re~a=ory Cr-!~er!a, and Re~erences) I:.,,HiBiT __ Sample Descr£ption: !~;RiX)IC3It:II~ PLAI~%~: S3-S~U~X~ NZ~E. EREE LZQUID: PTX)OR ~ UNDE:R kTX:)I:Ii~ GiKLIGiAY I2~ PLATIIqG R(:X~, 6/6/89 Cc~itu~.~s .Regu~ato~ . Az~/c 15. 500. 5ez-l-c= 5. O 5~. Co~t "~"" ~~ 560. 25~. ~ 80. 8~. ~ 25. 25~. ~r~ 5.0 - I~0. ~!~~ O. 2 20. ~!~! 350. 35~. ~1~ 20. 2000. · Sii~ I. O i00. ~ ~ ~ i,=m 5.0 5 ~. V~i~ 7.0 7~. Z~-~ 24. 2400. ~ 250. 5000. 2-i2.5 2-12.5 ~) ~ ~ ~t~ ~o ~=!a~e =~~ ~o ~te~ ~o~ i~ls. ?-q-3. = ~!~ ~t~I~ ~ (=e~e~ ~o ~ i~ ~ o~ ~e ~=~le :.S. = i'~Ici~= ~te q.1. ,, :~ ,.2_-s- ~~ Eo= ~1~-~ So~,~ ~,, ~, ,~.... /.. -z~-= u. ~[e. ~ ~,,, ~A-60O, 14-79-02C. EXHIBIT J! ATOI:::IIES, InC. ~ co. ~ Z'Z~'~{ Da~:e ~~: OG/23/Sg 2700 ~ ~e ~i~: ~/07/89 ~~, ~ 93302 A:~..: ~ ~ 86~-2~6~ ~to~ ~.: 4463-4 ~ ~ ~., 6/6/89 (Tit-~e 22, Article I2, Caltforn/a ~L'z'al:tve Code) Az'se~ic Ncr, e ~t~:~ 10. 7.5 1.0 ~i~ 65.9 1.0 ~ 6010 ~ ~~ 5[. o 1.0 ~ 60[0 ~ 521. C~r ~.0 ~rc~ 1170. 5.0 0.27 0.2 Ni~Z 5.0 ~!~'an 644. ~ ~ i-=n 7. ! 4 ~ ' Z~.~ N~ ~t~ ~ui~ 238. 1.0 ~ ~3~c. 6. [5 o. 0~ ~s: N~=~=e 359. [0. ~ _ (S~ ~ ~ ~o~ ~~s, ~E~~, ~a~o~ ~a, ~ ~f~) EXHIBIT ~m~le DesCription: SROOKSHIRE ?LATING: S4'SOIL, SURFACE UNDER LACQUER DE~4 NEAR FENCE ON K~RN ST., 6/6/89 Constituents ,J~atory Criter~- Antimony Arse~c 15. 500. Barium 5.0 500. seryi!?= lOO. loooo. Cadm.iu~ O. ?5 ?5. ~ .0 100. C~.rum/um artier Cr (ZIZ) ~ 560. Coba/t 2500. Copper 80. 8OO0. Lead 25. 2500. Mercc.-y 5.0 !000. Moiycdem= 0.2 . ~0. Nickel · '350- 3500. Sei~_~u= 20 .-. 2000. Silver · ' i.o :oo. "~-~ ~ ~.., 5.0 500. · ,. Variant, 7.0 700. Zl-.c 24. 2400. ~=. 250. 5OOO. 2-12.5 2-!2.5 Commen-.: A/2 - ~-. - ' ' ,----., a~ s~D1e sIlbJected to ~late =ec/ln/~ to de~e.-la/.~e to=a/ levels. P.Q.L. = -'>tactical quantltation L~m~t (refers to t_he leas~ ammunt of ar~l~e detectable based ~. sa~le size used and a~a/y~lca/ techn/que e~!oyecl. N.D. = Nc~e Detected (Ccrmtlt-~ent, i,' ~resent., ~atld be less than the method P.Q.L. ) i. $. = Lnsuff~.cte~.~ Sable -. = (2} ,,~,~-~_ =_, __ - _ --~ ~--= ~as=es , S~ 846, Ju/¥, '-982. .. XHIBIT BORATORIES Inc 4100 H~E ~., ~K~H~, ~~ 93~ 2700 ~ ~ 3~ ~ ~e ~L~: 06/07/89 ~~, ~ 9330[ A~.: ~ ~ 86~-2761 ~a~o~ Eo.: 4463-5 S~e ~c=~oa: ~~ ~: S5-~ZD, ~ ~ZD ON ~~ C~~ (0~ ~~ T~} ~ ~ ~ ~ S~, ~ CO~~ (~Ze 22, ~c~e ZZ, CaZZ~o~a ~s~ ~ ~': ~-~ ~ ~t~ ~0. ~ 60[0 ~';~ ~ 7061 24.8 [. 0 ~ 60[0 C~= ~. 0 ~ 60[0 ~_~,~ 3.48 ~. 0 ~ 60[0 62.2 :. 0 ~/~ 60~0 Cc~t }~ ~:~ 5.0 ~/~ 6010 Cc~ 569C. ~. 0 ~ 60Z0 Ze~ 7~. 5 5.0 ~ 60[0 ~~= :3.6 ~c~Z 5.0 ~/~ 60~0 Se!e~--_= 399. 5.0 ~/~ 6010 ~: ~ ~:~:~ 1.0 ~/~ 774: ~ ~ - ~,._ ~ ~tect~ :. 0 ......... ~'/~ 60[0 ~/~ 6o:o 1.9~ ".0 ZK-~ - ~/l~ 6010 :~s 60200, 1,0 ~/~ 60~0 3532 ~ ,0 ' ~/~ 90ZC :0,.26 O, Ol ~ ~ts 9040 4100 RERCE RD., ~K~, ~KhlA 933~ ~ONE 327.491 2T0~ ~ ~ ~ ~ ~e ~L~: O~/0T/gg A~.: ~ ~ 86!-2761 ~ra~o~ No.: 4463-5 -~le ~c~!~: ~ ~T~: SS-~LID, ~ ~LID 0N ~~ ~ ~~ (0~ ~~ T~) ~ ~ ~ ~ ~, 6/6/89 A.".t ~ Arse~--: c 15. 500. ~i~m 5.0 500. ~II~-== 100. I0000. C~=m 0.75 75. I. O I00. ~'~ ~,'or Cr ~ Iii' c~=-~ 560. Co~t ' C~= ~0. ~000. Le~ 25. 2500. ~rc~ 5.0 1000. ~ ~;~ C. 2 20. Ni~i 350. 3500. Sel~-~m 20. 2000. Sin's= ~. 9 I00. ~l~i'=n 5.0 500. * ZL-~ 24. 240C. ~ 250. 5000. 2-12.5 2-12.5 ur. ~ ~,~ (~t) ~ie ~im P~!ts r~rt~ r~res~t totals -"~ .... ~i~ ~t!tat~ lL~t ~refers tc %~m !e~t ~.t cf =-~l%~e ~tec~!e '1] "T~s~ Met~ for ~'~t~-~ So~i~ W~tes=,, ~ 846, iu~y, 1982. ~2', "M~ for C~ical ~l%~i~ cf Water ~-~ ~tes", ~A-60C, 1~-79-02C. .6/" -' -' ~,"'" ..; - '"" '7;"c ~ ~ ORATORIES. IF'lC. ~y~e~u J.J. maN, m~. c~m~ ~ 41~ NE~E ~., BAK~, ~~IA 933~ ~ONE 327-491 ~ CO. ~~ ~ ~e ~r~: 06/23/89 2700 M ~ 3~ ~R ~e ~i~: 06/07/89 ~F~D, ~ 9330~ ~ra~o~ No.: 4463-6 A=~..: ~ ~ 86~-276~ ~e ~crip=lo=: ~~ ~T~: S6-S0~, ~Z~ SO~ OF T~ ~ ~ ~ A~~ ~ ~~ ~) 6/6/89 TOTAL C0NTAMI~NTS (Title 22, Article II, Cal!for~._~a Adm/n/stratlve ~) ' ~n ~ Lv~f N~ ~t~ 25. ~ 6010 ' .~c 5.5 0.5 ~ 7061 ~i'~ 129. 2.5 ~,~ 6010 ~'l!i'~ N~ ~t~t~ 2.5 ~,~ 6010 C ~'c~ 2100. 2.5 ~,,~ 6010 ~o=i~ 12OC. 2.5 ~/~ 6010 Cc~2t ~25. ~2.5 ~/~ 60~0 Co~r 3:40. 2.5 ~,~ 60~0 ' =~ 1910. '12.5 ~1!~ 6010 Merma%- Nmm ~t~tM 0. I ~ 7471 ~!~n=m. M~m ~ec~ 12.5 ~/~ 6010 Ni~i 10SOC. 12.5 ~/~ 6010 Se!~-~= }~O~m ~t~ 0.5 ~ 7741 Silver ~ 0S 2.5 ~,/l~ 6010 .... ii'c_ Momm ~=ec~ 2~ '7~"~'== .: . '' ~,'~ 6010 .... ---- 2.5 ~/~ 60:0 ..... 3560. 2.5 ~,'kg 6010 · C~ni~s 42. S '. 0 ~/~ 9010 ~' 9. E2 0.01 ~ ~s 9040 '2,~e Last P~ f:r Ccmme.~.ts, Def:-.i-.ic.-_~, Regalatory Criteria, an~ Refe.-~nces) LABORATORIES, InC. 41~ ~E ID., ~K~, ~~IA 9~ ~NE 327-4911 2700 M ~ 3~ ~ ~e ~i~: 06/07/89 ~~.~, ~ 9330~ ~ra~o~ ~.: 4463-6 A~..: ~ ~ 86~-276~ Sa.-~Is Descr!D-.!~n: MRO0~ -~.ATING: S6-SOIL, SOIL SOUTH. OF TANK IN ~ STP2PP. ING ~ (SMED ATTT,~ .~D P~ATL/~- ROCk) 6/6/89 - .~s~_~atorv Cc~ti~,,e~.ts STIX::, m~/L TTr~, ~ ~t i~.y 15. 5~. ~-sa~ic 5.0 500. ~!'=n I00. 1~00. ~lli'= O. 75 75. C~ I. 0 100. Cb~,~= ~"~,'or ~-' '-' ~ c~~ 560. 2500. Co~: ~0. 8000. C~r 2~. 2500. Le~ 5. O. 1000. ~mrc=~ C. 2 20. ~ly~n-~= 350. 3500. N_c:~_ 20. 2000. Se ! ~-~m I. 0 lO0. Silver 5.0 500. ......... 7.0 ' 700. V~i'~ 24. 2400. ..... ;50. 5000. ~ 2-12.5 2-12.5 - ..... m~..~.~s ~r~ ~ ~e ~ ~/~ (,~ o~i~ s~a~) "~ "T~s= r~ fcr ~I'~=L-~ Sol~d :~=~" ~ 846 J-~y, 1982 _. A~ -,./-_- ..,,.?"'~' S EXHIBIT _ - EBORATOF IES, Inc. ~crRO[Lr~/Jf J.J. ~IN, ~. CH~. ENM. 41~ PIEKE RD., BAKE~FIELD, CALIFORNIA 93308 PHONE 327-4911 ~ ~' ~ ~ ~te ~~: ~/23/89 ~ ~ 27~ N ~ ~ ~ ~e ~~: 06/07/89 ~, ~ 9330~ ~=a~o~ ~.: 44~-7 A~.: ~ ~ 86Z-276~ ?~ ~ ~ ~ ~ ~ ~~ ~, 6/6/89 (Title 22, Az"ctcle ~I, Cali~.ox, nia ~l:tve Code) C~s~itue~ts ~le ~ts P.O.L. ~t~ ~ ~~ 25. ' ~tc 20.9 0.5 ~t~ 332. 2.5 ~111~ ~ ~~ 2.5 ~ ~10 ~~ 2820. 2.5 ~/~ ~10 ~t ~2.4 ~2. ~ o. 26 o. ~1~ ~ ~~ 0.5 Sl1~ 7. ~ 2.5 ~/~ ~10 ~11~ ~ ~t~ 25. ~/~ ~10 V~ 25.6 2. Z~ ~4~. 2. ' ~i~ ~5. 1.0 ~/~ 90~0 ~ 4.63 O. O1 (See ~st Page ~ CU~Bm~,' Ueft~.ticas, ~egu/ato~y C=tte~/a, ar~ Refe~euces) c,,niBiT - ~, ~.,..,,,,,,,,, RATO R I I=.~,,____ ____ 41~ PIERCERD., BAKE~FIELD, CALIFORNIA 93308 PHONE 327-4911 27~ M ~ ~ ~ ~e ~1~: ~/07/89 ~~, ~ 93~[ ~ato~ ~.: 4463-7 At~.: ~ ~ 86[-276[ Sample Description: BROOKSHII~ PT. dtTZI~: ST-SOIL, STAZN~ SOIL BY 55 GAL. BARR~ AND T.q~ NF.,AR T~ WALL IN T~ STRZPPII~ AEF..A, 6/6/89 Retaliatory Criteria Ccms~it~m~s STr-C, ~/L T//C, m~/kq Arsenic 5.0 5~. ~~ 1.0 1~. ~ 25. 25~. ~~ 0.2 20. V~ 24. 24~. ~ 2-12.5 2-12.5 '1 ATOF:::IIES, IRC:. J. J. ~GUN, I~G. CHEAt. ENGE. 4100 IqEICE ID., 'BAKEISFIELD, CAUFOI~IIA 93308 PHONE 327-4911 ~ CO. ~-~C~NTAL HEA~TH Date Re~oz~ced: 06/23/89 Page 1 2700 M STREET 3RD FLOOR Date ~i~: 06/07/89 ~~.n, ~ 93301 ~o~ ~o.: 4463-8 A~..: ~ ~ 86~-2~6~ ~le ~ip~i~: ~ ~T~: SS-~LID, ~L~ ~ ~ A~IC ~R 0F ~ ~~ ~~, 6/6/89 ..... 22, Article II, Ca/ifon-.%a AdaLtn/s~ti~ Code) Cc~stlt~ent$ S-~, le ~ts P.Q.L. ~ts ~ ~f. ~t~ ~ ~t~t~ ~. m~ ~o ~Ic ~.~l o.~ ~ ~o~i i ~i~ 118. 2.5 ~ 6010 1 ~!li= ~ ~t~ 2.5 ~ 6010 1 ~~ 38.4 2.5 ~ 6010 i ~= 580. 2.5 ~ ~10 1 Co~t ~ ~~ 12.5 ~/~ 6010 ~r 1610. 2.5 ~ 6010 ~ 1190. 12.5 ~ 6010 ~Z 0.48 * 0.1 · ~/~ 7471 ~i~m ~ ~t~ 12.5 ~ 6010 Ni~! 7740. 12.5 ~ 6010 ~!~nl= N~ ~=~ 0.5 ~/~ 7741 Sl!~r ~ ~~ 2.5 ~/~ 6010 1 ~!!'~ N~ ~=~ 25. ~ 6010 V~ 12.8 2.5 ~/~ 6010 1 Z~= 2~0. 2.5 ~ 60[0 ~~ ~. S [. 0 ~/~ 90~0 ~ 6.60 0.0: ~ ~ts 9040 (~ ~ ~ f~ C~ts, ~f~ti~, ~a~o~ ~t~!a, ~ ~fe~) BORATORIEES,Ir-lO. ~M J.J. ~N, ~. CH~ ~ 41~ ~EKE ID., bK~FIKD, ~~IA 933M ~ONE 327.4911 ~ ~' ~ ~ ~e ~~: 06/23/89 ~ 2 2700 ~ ~ ~ ~ ~e ~i~: 06/07/89 ~~, ~ 9330[ ~o~ No.: 4463-8 At~..: ~ ~ 86[-276[ Sample DescrfptIoa: ~00~ [~LATi~G: S8-SOLID, SOLID ON THE ATTIC ,~DOR OF THE SOUTJ~IDE K~ILDING, 6/6/89 .Re~u/a=orv Criter]~ · An+'~°nY 15 5~. ~i~ 5.0 5~. ~!li~ [00. ~. ~ O. 75 75. ~'~ ~/c= C-'"'~ 1.0 ~. Co~= - ~ ---, c~~ 560. 25~. Co~= 80. 8~. Le~ 25. 25~. ~rc~--~ 5.0 1000. ~!~~ O. 2 20. N!c~! 350. 35~. ~2~i'~ 20. 2~. Si2~r 1.0 1~. ~21~ 5.0 5~. V~i-= 7.0 7~. 24. 24~. Z~ ~ 250. 5~. 2-12.5 2-12.5 C~: All c~!~=s ~~ ~ ~ Ln ~/~ (~ o%~i~ stat~) on ~ ~ ~ei~ (~) ~le ~. ~s ~r~ ~~ to~s f ,~_C, ~ ~le ~J~T~ ~o ~ia~e ~~ ~o ~e~ ~o~ l~s. P.Q.L. = ~!~ ~i~l~ L~m~ (~fe~ ~o ~ 1~ ~t of ~e ~t~le ~ = ~le s~e ~ ~ ~ic~ ~~ ~~. N.D. = N~ ~~ (~i~, if pre~.~, ~ld ~ !~ I.S. = v~ C ~+ . -- ' .i i .. ~le ~ ~ ~ P.Q.L.~ = To~ ~ld L~ EXHIBIT LABORATORIES, 41~ ~E~E RD., ~K~FI~, ~~ 933~ ~NE 327-4911 ~ ~' ~ ~ ~e ~~: 06/23/89 2700 N ~ 3~ ~ ~e ~~: 06/07/89 ~~.n, ~ 9330[ ~a~o~ ~.: 4463-9 A=~..: ~ ~ 86[-276[ !~TAL CONT~ (Title 22, Az~icle IT, Ca/ifo~ ~!~/st~attv~ Code) ~tl~ts ~le ~ts P.~.L. ~ts ~ ~t~ ~ ~t~t~ 25. ~ 6010 ~1c 9.8 0.5 ~ 7061 ~i~ 304. 2.5 ~~ 260. ~~ 1280. Co~= 49.4 12.5 C~ 4470. 2.5 ~ 875. ~=m~ 0.2: O. ~l~m N~ ~t~ Ni~Z 19200. 12.5 Se ~*~ N~ ~t~ 0.5 Sll~r 10.3 2.5 ~!1,~ ~ ~=~ 25. V~!,~. 15.5 2.5 Z~c 3170. 2.5 ~/~ 6010 ~i~s 25.3 I. 0 ~ 90~0 ~ 9.43 0.01 See Last Page for Q:mmlmn1:s, Def~_~.itior~, P~gu/atory Criteria, and Referencee) EXHIBIT LABORATORIES, InC. ~r~ · ~' J. ~.. ~. ~ ~ 41~ ~E~E ID., ~K~ED, ~~IA 933~ ~NE 327-491 ~ ~' ~ ~ ~te ~rt~: 06/23/89 ~ 2 2700 ~ ~ ~ ~ ~e ~~: 06/07/89 ~~.~, ~ 9330~ ~o~ ~.: 4463-9 A~.: ~ ~ 86~-276~ Sample Description: 5ECX3KSHI~ PLATING: $9- SOIL, ADJ~ TO ~ SOLUTION TANK IN T~ PLATING ~CXaW . .~--~N/atorv ~t~ ~5. 5~. · ~ic 5.0 5~. ~i~ [00. [0~. ~l!~ 0.75 75. ~-~'~ ~/c= C= (III) ~ 560. 25~. Co~l~ 80. 8~. ~= 25. 25~. ~ 5.0- 1~. ~rc~--/ 0.2 20. ~~ 3~0. ~5~. N!c~l 20. 2~. Sil~mr 5.0 500. ~li~ 7.0 7~. V~!= 24. 24~. ZL-s 250. 5~. ~ 2-!2.5 2-12.5 ~ ~ ~l~ (~) ~le ~is. ~s ~~ ~~ N.D. = N~ ~t~t~ (~ti~, ~f p~r, ~d~ 1~ ~ ~ ~p.q_.. I.S. = L~f~c!~.r ~e ") ~C = Sol~le ~-~ld L~ C~==a=~= (I) "T~ ~~ for ~L~ Sol~d ~=~,, ~ 846, J~y, 1982. (2', "~s~ for ~c~ ~s of ~rer ~ ~,, ~A-600, 14-79-020. · LABORATORIES. Ino. Ii~T,fOl[U~f J.J. EGLIN, REG. CHEM. ENGII. 4100 PIERCE RD., BAKERSFIELD, CALIFORNIA 93308 PHONE 327o4911 I~CO. ~ I.F.A~i Ilite Reported: 06/23/89 2700M STRKK~ 3RDETZI:IR Date Recetvecl: 06/07/89 l~Mil:RSYI~r~, CA 9330! Laboratory No.: 4463-10 ZN TH~ Ar.r.~f, 6/6/89 Regulatory Cc~stitaaents ~/~Lter P.q.L. ~ ~f. ~t~ ~ ~t~ O. 1 ~10 1 15. ~c ~ ~t~t~ O. 05 7~1 1 5.0 ~i~ O. 18 0.01 ~10 I 1~. ~11t~ ~ ~t~tg 0.01 ~10 1 O. ~5 ~ ~ ~t~ O. O1 ~lO I 1.0 ~~ 4.11 O. O1 ~10 1 560. ~ ~ ~~ 0.05 T~ 1 80. ~r 0.~ 0.01 ~10 1 ~ ~- ~t~t~ O. 05 ~lO 1 5.0 ~1~ ~ ~~ 0.05 ~lO I 350. Ni~i ~ ~t~ O. O~ ~10 1 20. ~1~1~ ~ ~~ 0.05 ~41 i 1.0 ' Sllwr ~ ~~ O. O1 ~10 1 5.0 ~111~ ~ ~t~ O. 1 ~10 1 ~. 0 V~~ ~ ~~ 0.01 ~10 1 24. Z~ ~ ~~ O. OX ~lO ' 1 250. EXhiBiT ' LABORATORIES, IRC. ~[F~I[II~f .L J. ~LIN, I~. CHEM. ENGI. 41~ PIERCERD., BAKE~FIELD, CALIFORNIA 93308 PHONE 327-491 ! ~ ~' ~~ ~ ~te ~~: ~/23/89 ~ 1 27~ g ~ 3~ ~ ~te ~t~: 06/07/89 ~~'~, ~ 9330[ ~to~ ~.: 44~-[[ A~.: ~ ~ 86[-276~ ~e ~pt~m: ~ ~: S~[-~-Z~ ~, ~~ ~, 6/6/89 TOTAL (Title 22, Article II, 0altfornia Administrative Code) Nethod Cca~stttuents Sample Resu2ts_ P. (~. L. ...Units ..~!e. thod Antta--~,? None Detected 3.5 mg/~g 6010 Arsenic None Detected 0.35 ag/kg 7061 Barium O. 54 O. 35 rog/kg 6010 Beryllium None Detected 0.35 ag/~g ' 6010 Cadmium t~c~e Detected O. 35 Chrcetium 2.01 0.35 rog/kg 6010 Cobalt None Detected 1.75 ag/kg 6010 Copper 6.99 0.35 ag/]r.g 6010 Lead ~one Detected 1.75 ~ercury ag/l~g 6010 ~lolyixiem~ Nc~e Detected 0.07 ag/p,g 7471 Itme Detected 1.75 ag/kg 6010 Nickel 2.39. 1.75 ag/kg 6010 Selei~ium Nc~e Detected 0.35 Silver ~me Detected"' Thallium N~r~ Detected 3.5 ag/kg 6010 Vanadium 0.45 0.35 Zinc 16.3 0.35 rog/kg 6010 Cyanides None Detected pit 8.34 0.01 (See Last Page for Cx~me~ts, Definitions,' Regulatory Criteria, and References) Ir c. '~T~0~UH J' J' ~GLIN, I~G. CHEM. ENGI. '41~ PIERCE ~O., BAKERSFIELD, CALIFORNIA 93308 PHONE 327-4911 ~ ~. ~~ ~ ~te ~~: 06/23/89 ~ 2 27~ M ~ ~ ~ ~te ~~: 06/07/89 ~~, ~ 93301 ~rato~ ~.: 4463-1Z At~.: ~ ~ 861-2761 Saaple Descrlpti~: ~ PT, AT~I~: SZ1-DE-ION~ ~ATER, COt~lT~r. ~, 6/6/89 Re~a~ator~ Criteria Cczstittz~t; SIc. C, m~/~. T~T,O, =/~ ~t~ 15. 5~. ~c 5.0 5~. ~ 1~. 1~. ~11t~ 0.75 75. ~ Z.O 1~. ~~ ~/or Cr (I~) ~ 5~. 25~. ~t 80. 8~. ~r 25. 25~. ~ 5,0 . 1~, ~~ 0,2 20, ~~ 350. 35~. Nt~i 20. 2~. ~[~ ~, 0 1~, Sll~r. 5.0 500. ~~ 7.0 7~. V~~ 24. 24~. Z~ 250. 5~. ~ 2-12.5 2-12.5 Cam~t: All cca~tltu~t~ reporte~ above are in rog/kg (unAe~ otherwise stat~) ~ ~ a ~i~ (mt) ~le ~. ~lts ~rt~ ~t tot~s (~) a ~le ~J~ to ~iate t~~ to ~tea total l~ls, P.Q.L. = ~tt~ ~tl~tl~ L~t (~fe~ to t~ l~t ~t of ~e ~t~t~le N.D. = ~ ~t~ (~i~, i~ ~, ~ ~ 1~ ~ ~ ~ P.Q.L.). ~ = Tot~ ~ld E~t ~tratl~ (1) "T~t ~ f~ ~l~t~ ~lid ~t~", ~ 846. ~, 1982. "~~ ~or ~~1 ~~ o~ ~ter ~ ~t~" ~A-600, 14-79~20. i _. LABORATORIES, Inc. J. J. EGLIN, lEG. CHEM. ENGI. 4100 PIERCE RD., BAKEIISFIELD, CALIFOIINIA 93308 PHONE 327-491 _~rgeable :~-"cmat i,:- .~[e~r: !i,:,Lmty Envir-:rJnenL~l Health [!ate..-..f 27!)!? '~" 3freer 9eport: 05-./ui-:'9 -~,=-.;--=~:~. CA ..... Lab ~: ~ ' "" ' At%ent ~ c.n: ,~ S.~r~le [~ac'rip%ion: BrcoP~hire P!~tir~ S4-2oi~ S,~'f~ce ~oi! :.~er !ac?Jet 'J~n ne~- fence Teat ~ethc~]: ~A. Metb:~d SO20 T~e of ['.ate ..-'.m~ple Da%e ;--'.m~le '7oi!~d: 5'~eiv~/ ~ Lab: ,'~- - ........... C,:.n~ tit,.:er, t Uni ts ~esui ~nzene ~/g none ! ,r r. ' t ' .... - :Ic2_.z r~ :.~n~e~e '-:g/g nc ne ~e~oLed ' ' '-m~ ~: 2rT. re~l%~~ '. .... ' - .......... '~,"g :~c;n~ de~c~ ~"; ~ ~..2~.._ 'lg/~ ~ c:-.'.v ~=r:~ .~/~ .. ~ ......... .:~/,~ ~ ~,~, .~ ........... -;~/'g '). (~lient' ' ~i- ,'-" ;" ' - BC CIIAIN OF CUSTODY · f Sa~ NO. L- Type: Analysis Requesled: I , ~,.q, . {, ~. O/'~i,,' . Name: It,, I/I, ,~ ~ ' . Name: Water Other: Address:,2 '/, ( .. i//" -;/,, , / Address: ~- . Soil ~ (specify) '",lln: /./,.'.t I,/.CI ,.' ,-,.,, / Sludge ~ Oil Lab # Other Tests ! ...... .,.Ashed By: Date: Time: Received By: Date: Time: Comments: '-- --- i,e: Relum lo Cuslomes- wid~ Reporl Split at Pierce Hoad PRIORITY ~ '(Expllm) ~ ~h~,~,~, KERN COUNTY ENVIRONHE[I.AG ,,~ALTH PANTI: FIELOSECTION BAK~RSFZ~D, CA LOCATION OF SAF~PLIH(;: . No. Collector's TyI)e Qf tLab Only) So,hi,Il No Sa,nixie' FIELD INFORMATION Chain of Custodv,~_,) , ., ' 3, 4 SPeciil Remarks PART I1: LABORATORY SECTION Received By T,II~. Date Sample Allocation: ~ [::::] ~ [] Other Dill Analysis Required 'hedicalP Whelh,t~ Sallll)ht ~S ~lhlfhIP. '~,,d. ('lC eRIORITY~ " ' ,(Explam) ~ -~,;,-,. ~ KERN COUNTY ENVIRONMEIi AL · ~ .~I~.~ ,,~;~C.-~..[-.~% 2700 "M" STREET, STE. BAKERSFIELD, CA 93301 PARTI: FIELD SECTION ~ , T,me I~CC .Ho~: LOCATION OF SAF"PLIN(~: , . No. Collector's Type ~f ~Lab Only) S4mple No. Sample' FIELD INFORMATION Chain of Custody: , , , 1 '.' "-,, -.-~ ,-/1~/~, '.;IU ,,~" - ,_:., "7..'¢,-T 2. 3. 4. SPecial Remarks iii g , u~ollLale I&rnDle ~lven lo comDdny, etC.) I PART II: LABORATORY SECTION Received By, ' T,de. Date Simple Allocation' ~ [] I-'1 [] O{he~ Date AnaIVsis Requ,red 'lll(hcate, wnelll.r sarlll)h: is $1tJcJ(p,. ,u,,I. elC · , ' " COUNTY. OF I',ERN Environmental Health Services Department l~i~r~kid, CA ~3~01 (80~) ~1-3~ June 22, 1989 ICL BrookshJre Brookshlre Plating 526 19th Street Bakersfield, CA 93305 Dear Mr. Brookshire: THIS LETTER IS AN OFFICIAL NOTICE OF VIOLATION AND ORDER TO COMPLY This Department performed an inspection pursuant to a warrant served by Richard Harger of the Bakersfield City Fire Department on the 6th of June, 1989, at your facility located at 526 19th Street in Bakcrs,qeld, California. As a zesult 'of that iaspection, violations of the California Health and Safety Code, Division 20, Sections 25100 et. seq. were noted. On the day of this Department's sampling .actlvitlel and llllpec'tlon, th~ l~oilowlllg conditions were observed. Hazardous wastes was found to be disposed of on the floor and soil of the facility. In addition ~o the apparent discharge of hazardous wastes, containers storing hazardous waste~ were discovered broken, leaking unlabeled, open to the envirot:ment, and stored unsafely near the facility boundaries. You al~'eby ordered to manage your hazardous waste in accordance wi.h the following laws and ream cited below: California Code of Regulations, Title 22, Division 4, Chapter 30 CGR 66471 Genemt°r r~ust determine if waste generated is hazardous. CCR 67241 All haza~ dous Waste must be stored in containers which are in good condirio,, or managed in .some other manner that complies with the requiren ':nts of'Article 24. 'EXHIBIT .... K. L. Brookshire dune 22, 1989 Page 2 CCR 67243(a) Containers holding hazardous wastes must be closed during storage, except when it is necessary to add or remove wastes. CCR 67246 Gontainers storing ignitable or reactive waste must be located at least 15 meters (50 fee0 from tile facility's property line. CCR 66508 Each container or tank storing hazardous wastes must be labeled and stored in accordance with all applicable requirements of this section. Health and Safety Code, Chapter 6.5, Division 20 H&S Gode 25189.5 Hazardous waste may be disposed of only at a facility permitted by the State Depanmem of Health Sendee~. You must comply with the violations noted above by immediately ceasing the disposal of all hazardous waste on-site. All containers used for storage of hazardous waste which are leaking, broken, or in a deteriorated condition must be repackaged into containers which ~re in good condition, labeled as specified above, closed, compatible with the substance stored and placed in a safe location unaccessible from the property boundaries within seven (7) days. This issue of the Notice of Violation and O~der to Gomply does 'not preclude the Department of Health Services or any other local or federal agency from taking administrative, civil, or criminal action as a result of the determinations by rite County Environmental Health Services Department. Should you have any further questions regarding the proper management of hazardous wastes, please call or write our office at (805) 861-3636, 2700 "M" Street, Suite 300, Bakersfield, California 93301. Sincerely, C/Joe Canas ~ ~., . Hazardous Materials Specialist Hazardous Materials Management Program JC:dr · joe\brook. Itt 6/22/14 cc: Kern County District Attorney Department of Health Serv!¢es - Fresno Bakersfield City Fire Depmtmenr Bakersfield City Sanitation Dis: "ict EXHIBIT _ .... -_ · ' LABORATORIES, Inc. 41~ PIEKE RD., BAKERSFIELD, CALIFORNIA 9.3308 PHONE 327-4911 2T~ N ~ ~ ~ ~te ~i~: 06/07/89 ~, ~ 93301 ~to~ ~.: 4463-11 A~.: ~ ~ 861-2761 ~le ~1p~1~: ~ ~~: Sll-~-ZO~ ~, ~ ~, 6/6/89 (T/tlc 22, Article II, Ca//forn/a Adm/n/strattve Code) Method Constituents Sample Resu/ts P.O.L. Un/ts ~ethod Az~en/c gone Detected O. 35 mg/ia~ 7061 Barium 0.54 0.35 mg/k~ 6010 aerylllma Nc~e DKec=ed 0.35 ag/kg 6010 C:~4mlum Ncme Detected O. 35 rog/kg 6010 Chrc~kum 2.0! O. 35 rog/kg 6010 Coba/t ~one Detected 1.75 ~j/~g 6010 ~r 6.99 0.35 mg/~g 6010 ~ead ~one Detected 1.75 rog/ia3 6010 He~cuz~ None Detected 0.07 mg/~g 747! ~olybdenum ~ Detected 1.75 rog/kg 6010 NLcEel 2.39 1.75 rog/icg 6010 Selen/um t~or~ Detected 0,35 mg/~g 7741 Silver Hone Detected 0.35 rog/Icg 6010 ~11um ~ Detected 3.5 rog/kg 6010 Vanad/~ 0.45 0.35 mg/kg 6010 Zlnc 16.3 0.35 mg/i~g 6010 Cyan/dee None Detected 1.0 rog/kg 9010 pH 8.34 0.01 pH Units 9040 (See Last Pacje for Cce~e~ts, Deftn/tlons, Regu/atoryOrLterla, ardReferences) " ' '"'""'"'" BORATORIES, IF'lO. P[7';O/£U¥ J.J. ~LIN, RK. CHEM, ENGI. 41~ PIERCE RD., BAKE~FIELD, CALIFORNIA 93308 PHONE 327-4911 ~ ~' ~~ ~ ~e ~~: 06/23/89 ~ 2 27~ N ~ 3~ ~ ~e ~i~: ~/07/89 ~~, ~ 93301 ~a~o~ ~.: ~-Z1 A~.: ~ ~ 861-276~ &laple Descrlpttca: B~0(IiSHII~ l~.iT]l~: $11-I)~-lOHI:~m HATIi:R, C(3flI~L 9/t:il:, 6/6/89 Ccr~cl~ts ~'K]ala'l:ory Crtteri= Ars~3ic 15. 500. Barium 5.0 500. Bez~lltum 100, 10000, Cacl~Lum 0.75 75. 1.0 100. Ohrc~um and/or Cr (]:ll) compomxb 560. 2500. Copper 80. 8O00. Lead 25. 2500. ~ercury 5.O 1000. ~lybderm= 0.2 20. Hlck~l 350. 3500. Seler~um 20. 2000. S11ver 1.0 100. I't~a l l lum 5.0 500. Var~51um 7.0 700. Zt~c 24. 2400. pE 250. 5000. 2-12.5 2-12.5 C,~m~e~t.. All cor~'ct'cue~t~ z~x~ced abo~ az~ in ~j/~g (ur~lea~ othez~iae stated) ~ (T~T~) a~ sa~p~ le sub:lec~ed to ~iate tectm/que~ to dete~m/ae total lev~ls. P*Q.~*. = Pz'actlcal Qua~tttatton Linnet (~efez~ to the lea~c a~mmt of analy~e detectable baaed ~ sample size u~ed and ar~/ytlca/ tech~que empl~. N.D. -- ~ Detec'ced (Cor~tltue~t, if Pz~e~t, ~z/d be le~a ~ ~he me~u~d p.Q.~.. ). I.S. = Iz~fftclea'c Sample STT, C = Soluble I'b.z~M~ld r.t,~t ( ~ ) "Te~t t4ethode for gualuattag Solid k~mtea", S~/ 846, d'~/¥, 1982. (.2) "~letl~cl~ fo~ Chem/ca/ Ana/yal~ of ~ater a~d k~ste~" L~:P&-600, 14-79-O20. · ' LABORATORIES, /yJ'if~r/,/jf J.J. EGLIN. lEG. CHEM. ~NGI. 4100 PIERCE RD., BAKEIISFIELD, CALIFOIINIA 93308 PHONE 327-4911 -g~r~eable .~-"cmatic .' ..... ......... ;ur:.v 'iz~vir?r~enL~l Health --,:--=~:~. CA 93301 '~ ..... '"~-"- ......... ~ ~4~ .... Att~'+~ .... ' ,%~ ~en Lab ~: ~ ~o . .... r_~ ~.on: Brco~hire F~!atir~ S,~ce ?oil ~.~er lacquer d~n ne~- fence on Ke~ Street 6/06/$9 Test ~ethc~J: ~A Metb:,d SO'SO T~e ,:,f :~aJ~,le: ',~oii Date 3.~le Date 'S.~le Da~ Units 9esul ts L=vei ~nsene '-" ~ r - ~,/~ none de~j ..... l, 2-i'i.?~ -.~.~ '~18' none de~ ',, -7 - ['[3' z erie .... · .... ., . .~/.~ ..... ~ ._r._ .i~t'g ') ':'~ ' ' " ' ['.7,r,"..*r~,'",'t, 2.': i --%_.,~rm,..~ .O.H.2. ,";e,~. ~l.;~ ,ale Rec'd: (.,. ,., ~, 't BC CllAIN OF CUSTODY NO. L- :.:lient: Sampler: Sample Type: Analysis Requested: ' Oil o o o ~ 0 ~ o >< ~., ,ish~ By: Date: Time: Receiv~ By: Date: Time: Comments: ,i~e: Return lo Cull~er wi~ Re~ Split at Pierce H o ad PRIORITY , {Expllm) ~ ~h;,-,~, KERN COUNTY ENVIRONHEH .AL -EALTH ~1;:.% .... ~[,~:.~'~ _ 2700 "H" STREET,. STE. ~';0 ~ :. PARTh FIELD SECTION BAKERSFIELD, CA 93301 : LOCATION OF SA~4PLIN(;: Name .'~K~HI~E ~~ Tel. No 2 Address . ~, . No. Colleclor's Type al ILab Only) S~mple No SamHle' FIELD INFORMATION '' "; .......... ~" ~ ' , I ~ ~, I _5~,~. ~I .... m~. ,~,'..c,~ J,.~,, ,~,':~ ~ .~ ~.,... . ~ ~' ~. I / , , , , .... -~ '-'~-~ -.~ .... ,: Chain of CUtlOdy. ' ]. I ~1~11~t Ollll S~ciil Remarks ~lJflllllll J I till PARTII: LABORATORY SECTION Received By, r,ll~ DJte Sample Allocation: O ~ O .~ Ome~ Date Analysis Required ,(EXpllln) _ ~ -[,~ .... c...J KERN COUNTY ENVIRONMEtl q ~ _','~[,~.-~ ,,~ ~['"~'-~-~% 2700 "M" STREET, STE. PARTI: FIE~DSECTION BAKERSFIELD, CA 93301 ~ ' . . T,me ~dC HOL Act,v~tv: ~ E,~to,cen,um ~ ASP ~ HW. P,u~,~,~ ~ ~,,S,=, ~ ~he, ~OCATION OF SAHPtlNG: . No. Collect~r'~ T~ue ~f ~Lab Only) Sample No Sa~nlJle' FIELD INFORMATION ,~ . "'~ ... ~,' -~'~ '~ -.%-C' '~;,,~'~K ~,~,~/c Chain of Custody_. 1 '-'~ /'- ,~ ,-/1~1~ '.: /6' /?, 2 3 4 PART I1: LABORATORY SECTION Received By, ' T~lle. Dale $1m¢)le AIIocalmn: [:~ f"'] ~ [] Olhal Dill Analysis Re(lulre~ · h't(hcau' whell'h,~r $,)tlil)le: ~S Sh.l(hlP. ~,,,,I. el(: COUNTY OF FERN Environmental Health Services Department (ao$) ~1 ..~.~ (lOS) I&L..34~ Ifmr Namber June 22, 1989 ICL. Brookshire Brookshlre Plagng 526 19th Street Bakersfield, CA 93305 Dear Mr. Brookahtte: THIS ~ I$ AN OFlqCIAL NOTIC~ OF VIOLATION AND ORD,~R -TO COMPLY Th~ Department performed an inspection pursuant to a warrant served by Richard Harger of the Bakersfield City Fire Department on the 6th of June, 1989, at your facility located at 526 19th Street in Bakersfield, California. ,M a xesult of that hispection, violarlons of the California Health and Safety Code, Division 20, Sections 25100 er. seq. were aoted. On the day of this Department's sampling activities arid bllpet, l:~l, th~ foll~/~llg conditions were observed. Hazardous wastes was found to be disposed of on the floor and soil of the facility. In addition lo the apparent discharge of hazardous wastes, containers storing hazardous wastes were discovered broken, leaking unlabeled, open to the enviro~:ment, and stored unsafely near the facility boundaries.. Yor~~~y ordered to manage your hazardous waste in accordance wi.h the following laws and cited below: Ca~ffo~ Code of Regulations, Title 22, Division 4, Chapter 30 CCR 66471 Generator faust determine if waste generated is hazardous. CCR 67241 Ali hazaz dous waste must be stored in containers which are in good conditio;, or managed in some other manner that complies with the requiren ':ars of Article 24. IC L. Brookshire .June 22, 1989 Page 2 CCR 67243(a) Containers holding hazardous wastes must be closed during storage, except when it is necessary to add or remove wastes. CCR 67246 Containers storing ignitable or reactive waste must be located at least 15 meters (50 feet) from the facility's property line. CCR 66508 Each container or tank storing hazardous wastes must be labeled and stored in accordance with ail applicable requirements of this section. Health and Safety Code, Chapter 6.5, Division 20 H&S Code 25189.5 Hazardous waste may be disposed of only at a facility permitted by the State Deparnnent of Health Seavicea. You must comply with the violations noted above by immediately ceasing the disposal of all hazardous waste on-site. All containers used for storage of hazardous waste which are leaking, broken, or in a deteriorated condition must be repacknged into containers which aze in good condition, labeled as specified above, closed, compatible with the substance stored and placed in a safe location unaccessible from the propeny boundaries within seven (7) days. This issue of the Notice of Violation and O~der to Comply does 'not preclude the Department of Health Services or any other local or federal agency from taking administrative, civil, or criminal action as a result of the determinations by rite County Environmental Health Services Department. Should you have any further questions regarding the proper mnnagement of hazardous wastes, please call or write our office at (805) 861-36:36, 2700 "M" Street, Suite 300, Bakersfield, California 93301. Sincereff, Hazardous Materiais Specialist Hazardous Materials Management Program .JC:dr joe\brooLltr 6/22/14 cc: Kern County District Attorney Department of Health Services - Fresno Bakersfield City Fire Depaztme~t Bakersfield City Sanitation Dis! ,'ict EXHIBIT _ ........ ' U{~LiC ,. ~~~ , DEPARTMENT OF P,, WORKS · ' 1501 l'rtlxltm Av~.,mt¢ Ilakcrsficld, California 93301 1805} 326-3724 December 16, 1987 Mr. K. L. Bro,:,k. shire Bro,z, kshire's Platir~g 527 E. 19th Street Bakersfield, CA 93305 RE: WASTEWATER DISCHARGE PERMIT FOR BROOKSHIRE'S PLATIING Dear Mr. Br:,oPshire: Er, closed for your review is the tentative Wastewa~er Discharge F'errait No. ;2-BK-000R for' your' facility. Ar~y c,:,ramen~s or recc, mmer, datior, s you may have ~c,r,~err, ir~D this tentative permit shc, uld be submitted tc, this office ir, writir,~ by January fc, r c,:,r, sideratic, r, before the fir~al permit is issued. Ir, additic, r,, please be reminded tha~ you have r,c,t respc, rmded tc, our letter dated 8-87-87. This is the see,:,r,d r~c, tice i'e~ardirm~ the ir, format ior, requested ir, the le~tar that mtl~t be t-es,s, lved. I? you have any questi,:,r,s, please call Wbr,-Shi Uheur, g at 326-383~. Very truly yc, urs, J. Dale tqawley Public W,:,rks ~ar~a~ep Charles J. Tttrr~er Wastewater Superinten~t-~nt CJT/wsc Er~c 1 c,s ute 10/07/9~.~ 13:12 EPA REG 9 FIELD 001 RECEIVED HAZ. MAT. DiV. FAX TRANSMISSION ~~,. -.~q~~ ..... i Mall Slop: Area Oode Number A~a C~e .Number : / O 75 H~horne Street ~n Francisco, CSIIfomla 94105 Ama Code Numar 744 - 19~6 FSX NO.= 415 " '" "~:, .... ~ i ~ , · o 18/87/93 13:13 EPA REG 9 FIELD 002 t,, j~ UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX 75 HawthOrne. Str®et San Franok$oo, lC.. ~4106-~;~01 DATE: September 15, 1993 SUBJECT: Request for Approval of a Remoyal Action at Brookshire ?lating_.~hgp in Bak~rsfleld~ CA · ~.~.,=..~.~.~ ...... ~* b,"~:~ /"/~:~ ':' "-~'"'"<'~-" .... ~ ' ~athryn ~..~.~'ce, OSC, ~er~ency Response Seotio~ FROH: TO: Jeffrey Zelikson, Director, HaZardous Waste Management Division THRU: Donald White~ Chief Field Operations Branch (H-S) Terry BrUbaker, Chief Emergency Response Section (H-~-3) I. PURPOSE The purpose of this Action Hemorandum isito request and document approval of the proposed CERCLA r~moval action described herein for the Brookshlre Plating shop located at 527 E. 19th St., Bakersfield, Kern County, California (?the Site"). Conditions presently exist at the Site which, if not addressed by implementing the response action documented in this Action Memorandum, may lead to additional off sit~ migration and continued release of contaminants which man pose an imminent and substantial endangerment to the public health or welfare or the environment. II. ~ITE CONDITIONS ~ND BACKGROUND Site Status='Non-NPL Category of Removal: Time-Critica'l CERCLIS ID; CAD983671793 SITE ID: 8B Printed o. Retried P~rr 0 10×07×9e 13:13 EPA REG 9 FIELD 003 l. Removal site ev&luation On jUly 27, 1993 ~PA dSC Kathryn Lawrenc~ and two members of the Zone II Technical Assistance Team (TAT)] performed a preliminary assessment at the' Brookshire PIating Shop in Bakersfield, CA. All containers found on-~lte were inspected and inventoried. A total of approximately 14 Vats, 6 drums, and 40 small containers (including 3 gas cylinder~) were found within the facility. The drums and small containers are generally in fair condition but are unsegrega=e~ and lo~ated in areas with no secondary containment. The volume of hazardous material in 55 gallon and smaller containers is approximately 500 gallons.. The vats contained approximately 500 cubic fee~ of solid waste material and ~5 gallons of liqui~ waste ma~erial. Several of the vats in the plating shop were'observed to ~e very corroded and threatened continued release of their contents. Mr. Kenneth Brookshire, the .facility owner/operator, l~entified the~e vats as containing cyanide-metal platin9 sludges. !He identified other vats at the Site as containing floor s%udg~s that he had removed from %he plating room. Visual inspection of the soil and' floor residues throughout the facility revealed staining and disturb~nce indicative of wide-spread ground surface contamination, iTAT therefore analyzed surface deposits at 32 locations on and near the Site using an x- Ray Fluorescence Spectroscopy (XRF) field instrument. In addition, surface soil samples were collected from five on-~ite and one off-site location and submitted fo~ laboratory analyses. The XRF and 'laboratory analyses of site soiis (both outdoors and ~nside of the two buildings) indicated the ~resence of cyanide, chromium, nickel, copper, zinc, lead and c~dmium in concentrations that exceed california TTLC !criteria for hazardous wastes. Several soil samples also e~hibit~d TCLP concentra~ions that exceed the hazardous waste defining c~iteria-at 40 .CFR 261. Based on the screening analyses and validated commercial laboratory data, a large volume of hazardous waste is distributed throughout the site. Given the proximity ~f these wastes to local, residential, popuiations and the numerous contaminant migration pathways available, the r~sults ~f the assessment show that the conditions at'the Site pose a potential threat to public health, welfare, or the environment. Of pa~ticular concern, is the potential for a release involving cyanide bearing and/or heavy metal contaminated sludges and soils.i Poor security at the site, coupled with the fact that the fa~illty is an attractive ~nuisance, increases the possibil!l~y of direct human contact. Mr. Brookshire stated that the si~e has been broken into on numerous occasions'and that he believes that homeless persons have used the facility for shelter. 2 , 10/07/g3 13:14 EPA REG 9 FIELD 004 The Site address ks 527 E. 19th St. in BAkersfield, CA. The Site facility is a 'former electro, luting s~op which is in a mixed light industrial, commercial, a~d residential area of east Bakersfield. Private residences and ~ublic restaurants are located in the i~ediate vicinity of the s~te. Two public schools are located 0.4 and 0.8 miles southeast of the 3. s~e The site is comprised o~ two buildings s~parated by e yard. TWo oha~n-link fences between ~he two buildings enclose the yard. The total area of the Site is approximatel~ 5,500 square feet,~ 4,500 square feet of which are occupied by ~he two building~. The building on the north s~de of the property is composed. three are~; a plating shop urea, ~ buffin~ area, and an office area. The building on the south ~lde of t~e propert~ is a garage-like structure formerly used as an auto bumper re~ir sho~. Chemical .~roducts were stored' in th~s building, primarily in a-room on the west side of the fucility.~ The eleotroplatin~' facility and the' pr%petty has been owned and o~erated by Mr. Ken Brookshire'since t~e 1950s. The Kern Cougty Health Departmen~ performed a samDl~n~ a ility in June 1989 that resulted ~n lts~closure. Kern county officials subsequently directed Hr. Brookshire to clean the site. Mr. Brook~hir~ reported that he'd at~em~ted to move some of the stored product and waste materials 'off-sit~, but was only ~uooessful in removing a few plating ta~s )and useable plating solutions and containerized some of the fl~or sludges in the plating shop area. Much of the waste stil~ remains on sate in tank~ and containers that have and continu~ to deteriorate The removal action described herein is the first one proposed for the Site by EPA. 4. Release or threatene~ release into ~he environment of hazardous substance, or pollutant or Preliminary results indicate that the si%e wastes include heavy metal and cyanide contaminated soils and sludges. Such materials are hazardous substances as defin~ed by Section 101(14) of CERCLA. A continued and/or unmltigated.~elease of the materials could constitute a threat to loca~l human and animal populations as well as to groundwater and s~rface waters. In addition, since the site is relatively unsecured, it is readily accessed by the public and may constitute a~ contact risk. As discussed previously, Hr. Brookshire reported that the site buildings have been broken into on numerous~ occasions. ~rookshire also state~ that some of the sit~ chemicals l%ave been 3 13:15 EPA REG 9 FIELD OP~) 005 stolen and that he believes that the office are has been used by homeless persons for'shelter. $. ' NPL status This facility is not on the NPL nor is iF expected to be. 6. Maps, 'piaturea and other graph~a representations i. A map of the area, a diagram of the faoiiity, and copies of photographs of the preliminary assessment ~re attached. B. Other Actions ~9 Date 1. Previous a~tions In June 1989, the Kern County ~nv~ronmen~al Health Services Department (KCEHSD) performed an inspectio~ of the facility pursuant to a warrant swerved by the BakerSfield City FAre Department. Due to site conditions and potential hazardous waste violations noted, surface soil and some ma%erials/wastes stored on site were sampled. Analytical results ~or these samples indicated the presence of hazardous levels icl me~als In ~he 'soil at various locations on site. Some of the lmaterials/wastes stored also exceeded hazardous waste regulatory criteria. Based on these results, KCEHSD issued a Notlce o~ Violation and Order to Comply to Mr. Brookshire. In April 1990~ Mr. Brookshire proposed t~ perform a general facility cleaning by relocating, selling a~d disposing all materials/wastes on ~ite as ap2ropriate. ~uring the KCEHSD's inspeotion in February 1991, some of the o~iginal containers still remained on site. In addition., some lof the plating tanks still had liquid or ~olid residue in them. i In June 1993,. the facility was reinspected to determine compliance. During this inspection~ 4-6 tanks were observed to s~i~l 'contain varying levels of heavy metals, cyanides, and caustic waste. According to KC~HSD files, it was also evident that Ho characterization or remediation of oontaminated soil had been donducted. KCEHSD contacted EPA Region-IX Emergency Response iSection regarding the site once they determined that Mr. Brooksh~re would be unable to fund further characterization or remedlati~n of the Site. As discussed previously, Mr. Brookshire stated*that he had removed all tanks and plating solutions that he could give to other area plating shops. He also stated t~at he had containerized much of the floor sludge fro~ the plating shop. NO other actions appear to have been taken to ~ate. '4 10×07/9~ 13:15 EPA RE8 9 FIELD 006 2. Current No site remedial or removal activi~ies a~e currently underway. In July 1993, EPA and ~he Region IX TAT pe~formed'a site asses, sment, the results of which are discu~sed above. C. ~k~_and. Local Authori~ies~s Roles! The State of California has not had any ~nvolvement with the site to date. Kern County actions are dis~ussed~ above. 2. Potential for continued State/local(response . Neither the State nor local agencies hav~ sufficient funds to perform stabilization and cleanup activiti~s. The cost o£ these actions is well beyond the capabilities oflthe State Emergency Reserve Account. Representatives from State and local response organizations may be requested to assist and coordinate With OSC in various tasks including contingency p~anning, utility ho0kup~, traffic control, community relations, and expedl~i~g the issuance of necessary permits. III. THREATS TO PUBLIC. HEALTH OB WELFARE OR THE.ENVIaON~ENT, AND STATUTORY AND REGULATORY AUTHORITIES A. ~.h.~ea.ts ~o Public Heal.~_or.We.l~re The substances of concern are cyanide ~o~ids, caustics, strong acids, and numerous heavy metal salts~ HaZardous substances encountered and identified at the time of ~h~ site assessment included: Approximately 25 gallons of a substance ~dentified as nitric acid was observed in the plating shop. Nitric acid is a corrosive material which can burn the skin,! ~yes, and respiratory tract upon direct contact or inhalation of ivapors. It can cause acute pulmonary edema or chronic pulmonaryidiseases from inhalation. When.heated or reacted with w~ter, it produces toxic and corrosive fumes. If nitric acid were t~ come into contact with cyanide (which has been identified inithe plating shop vats and on the plating shop floor) it Can alsolform hydrogen cyanide, a highly toxic gas. Cyanide based plating sludges and cyanide contaminated soi!s were identified throughout the'facility, qyanide~ are poimonm and may be fatal if the compound is inhaled, swallowed or absorbed through the skin. Cyanide salts ~nd strong acids are 5 10/07/93 13:16 EPA REG '9 FIELD 00? incompatible materials and, if mixed, can ~iberate l]ydrogen cyanide, a highly toxic gas. Mixtures of ~yanides and strong oxidisers, such as nitric acid, present both fire and explosion hazards. Chromium contaminated soils and sludges were found through the facility at the ~ime of the site assessment, chromium is a suspected human carcinogen, chronic exposure to ohromate dust may cause bronchogenic carcinoma, chromiu~ is a poison andv when ingested, causes gastroin=estlnal effects.I NicKel dust or fume is a respiratory irritant that which chronic, exposure may cause nasal or lung cancer in humans. Acute exp6sure to nickel fumes or copper dusts can also'cause upper respi~ator~ tract irritation, metal fume fever, nausea, vomiting and abdominal pains. ~. A~tual or potenti&l exposure to hazardous substances or pollutants or ~ontamtnants b~ nearb~ popul&~ions or th~ food chain The subject site is an attractive nuisance and represents a risk to local human populati?ns. People c~uld come il%to direct contact with the waste materials which include acids, cyanides, lead, and chromium. Wind dispersal of con~aminated site soils also presents ali exposure hazard to local human populations. 2. ~eual or potential con~amina~ion ~rinking water supplies, i Al=hough potential contamination of ground and surface water drinking supplies appears to be remote, rub%off from the property could be diverted to area storm drains and~ subsequently, to local surface waters, thus presenting a potential ecological risk. 3. Hazardous substances o~ ~ollutants ~r contmminants in drums, barrels, tanks, or other bulk.storage containers, that may pose a'throat of release Most of the plating, tanks appear to be in poor condition as evidenced by corrosiOn and surface crystal~i~ation. Continued deterioration of these containers could result in a .significant release to the environment. 4. High levels of hazardous subs~ancesior pollutant~ or con- taminants in soils at or near the surf~oe, that ma~ migrate The close proximity of the site and associated contaminated soils to road-side'drainage could pose a s!gnifican~ migration hazard during rainfall events. Migration 9f site hazardous substances ~ould introduce additional routes of exposure and may threaten area surface waters. In addition,i wind dispersal of contaminated soils could present a threat ~o local residents in neighboring businesses and homes. 6 10707×93 13:17 EPA REG 9 FIELD 008 5. Weather conditions that may. cause hgzardous substances or pollutants or contaminants to migrate or b? released Weather conditions that could oontribu=elto releases described under Sections under III.A.4 and 6 includelheavy rains and moderate to high winds. 6. Threat of fire or oxplosion The proximity of tile acid wastes to the 9yanid~ and caustic wastes could present a fire hazard and/or ~xploslon hazard if any inc0mpatible and reactive wastes were to m~x. In addition, if acid were to come into contact with the materials, hydrogen cyanide gas could be p~oduced and released. ?. Availabilit~ of other appropriate F~deral or State response mechanisms to respond to the release None identified at this time. B. Threats to the...E~y, ironment 1. Actual or potential exposure to has~rdous substances or pollutants or contaminants by nearby anima;e or the food chain . i Some of the material has already been re.eased. Additional releases due to ~ank de~erioration and mig~ation of site wastes could result in a significant threat to nearby animals and the food chain. As discussed above~ many of the contaminants identified at .the site can have carcinogen~c and/or effects on both human and animal populat'io~s. Metals can bio- accumulate and could represent a food-chai~i threat as well. Because of the site's ~roximity to storm d~ains, both terrestrial and aquatic populations may be threatened. !Birds and domestic/feral cats a~pear to frequent the site and a least one dead animal was identified at the facllityiduring the ~ite assessment. Th~ animal's death may very well have been caused by exposure to site comtaminants. · . Actual or potential oontaminatlon o~ sensitive ecosystems No endangered or threatened animal or plant species have been identified in the immediate area. The Natural Resource Trustee h~s been notified. iv. ENDANGERMENT D~TERMINATION Actual or ~hreatened releases of ha~ardol~s substances from =his site, if not addressed by implementing the response action selected in thi~ Action ~emorandum, may present an imminent and substantial endangerment to ~ublic health, welfare, or the environment. .. ? V, ~O~O8~D ~C~ZO~B AND BB~ZMA~D COB~B Removal of the tanked and drummed matert~ls and excavation of the contaminated soils with off-site RCRA ~isposal is the only feasible solution for mitigating threats p~sed by the situation. Site stability without disposal would provide only a temporary solution to the threats posed by the site. A. Prom~se~ Actions The overall objective, of the removal action Will be to identify all situations which pose lmmtnen~ and substantial endangerments to the public and the environment, and mitigate them in a cost effective manner consistent with NCP criteria. 1. P~oposed ac~on description The removal action will consist of the f~llowing activities: a. Secure site buildings to preclude public access (including 24-hr. security during removal operations. b. Conduct a waste inventory and sample and characterize all containerimed wastes. ¢. Determine depth and distribution of ~oil contamination and collect samples to characterize soil conta~inants. d. Perform air monitoring and sampling ~n accordance with OSHA requirements durin~ the removal action, operational controls such as dust containment and/or s~ppression will be used to abate fugitive dust emissions. e. Remove or stock pile non-hasardous ~quipment and debris to provide adequate space for response operations. f. Prepare allhazardous substances foriproper transportation for disposal, or where feasible, alternati~ treatment or reuse/recycle options. The above may include bulking of compatibles, direct shipment for reuse~ re~ntainerization, of materials into DOT specification containersl, la~ packing small quantities, and neutralization or other on-lsite treatment wastes. g. Remove grossly contaminated equipment, structures and debris for proper disposal. An attempt willl be made to decontaminate structures to non-hazardous l~vels and minimize the volume of hazardous wastes. h. ~xcavate contaminated soils and ship off-site for treatment and/or disposal. 10/07/~ 13:18 EPR:REG 9 FIELD 010 2. Contributi~n 'to ~eme~l&l per£orman~e No remedial action is planned at this el~e. '3. Desoription of alternative technolo~ies Application of Alternative Technologies is not currently planned for the site. 4. &p~lio&ble or relevant an~ appropri~te requirements RCRA', particularly the RCRA Land DiSposa~ Rest~ictions, are ARAbs for this removal action. The CERCLAIOff-Site Disposal P~llcy will be a TBC criteria for this action. In accordance with 40 CFR 300.415(i), thi~ removal shall~ to the extent practicable considering the exigencies of ~he situation, attain applicable or relevant and appropriate req~irementsunder'federal and state environmental laws.' $. Pro,eot schedule in order to conserve personnel.and equip%ent costs, the project will'be completed in two phases. .The. first week will be devoted to site security arrangement and waste pro~ilin9 and characterization, which should be accompll%hed within 5 days. The ~ite will then 'be demobilized for two ~eeks to allow for profile analyses and the selection of TSDs! After.re-mob, waste .bulKing and soil excavation and disposal should be accomplished within three weeks. 13:18 EPA~REG 9 FIELD 011 Ssti~ats~ Costs cost Projection Scenario Projection ID No.: 8B Date: September 13, 1993 Cleanup Contractor: CET TAT ContractOr: Cost Prg~ection Summary Contractor Personnel $ 80r000 Contractor Equipment $ 20,000 Unit Rate Materials $ 9,000 At CoSt Materials $ 6,000 Subcontractors $ 20,000 Waste TransporterS. on $ 25,oo0 waste Disposal " $~00,000 Cleanup contractor Subtotal $360,000 Federal and State Agencies $ 40,000 Extramural Subtotal $400,0'00 ~xtramural contingency (20%) $ 80,000 Extramural Subtotal $480,000 TAT Persomael $100,000 TAT Special Projects $ 5,000 TAT Analytical S=rvices .$ 10,000 Extramural Subtotal $600,000 Project Contingency (-15%) $ 90,000 Total Extramural Cost $690,000 EPA Regional Personnel $ 20,000 EPA Headquarters Direct $ 2,000 (10% of Regional Hours) EPA Indirect $ 28,000 EPA Total $ 50,000 . .10 OR NOT TAKEN Delayed action.could unnecessarily expose unsuspecting persons to hazardous chemicals that can cause seve:~e injury. If this removal action is not performed, contamina]~ts may migrate off- site to neighboring properties. Wind disp~rsal of contaminated soils could result in releases of airborne contaminants includ~ng lead and cyanide, stor~ water, run-off could also accelerate the dispersal of site contaminants, of particu~ar concern, is the storage of incompatible wastes (cyanides a~d acids). The continued deterioration of the tanks and c~ntainers that hold these materials could result in th=ir comm$ngling and, ultimately, a release of hydrogen cyanide ~as. The facility is an attractive nuisance and arson and vandalis~ ars potential threats. These events coupled with inadeq~ate security and maintenance heightens the possibility of air. lease. VII. OUTSTANDING POLICY None identified. VIii. ENFORCEMENT Mr. Kenneth Brookshire is the only owneri/o?erator identified for the site. EPA sent Mr. Brookshire a N~tlce letter on 27 August 19.93 explaining EPA's interest in the site, notify~ng him of hi~ potential liability, and requestingithat he ~es'pond within 7~ hours if he chose to perform necessary ~esponse action a% the site. In subsequent discussions with Mr. B~ookshire he state4 that he could finance the necessary remova~ and so decl~ne~. IX. RECOMMENDATION This decision document describes the sel!ected removal action for the Brookshire Plating Shop, in Bakersfield CA., developed in accordance With CERCLA 'as amended, and not!inconsistent with the NCP. This decision is based on the admini~trative record file for the site. Conditions at the site meet the NCP section 300.415(b)(2) criteria for a removal and I'recommend you~ approval, of the proposed removal action. The total projec~ ceiling, if approved, Will be $740,000. Of this, an estimated $3~0,000 will be initially obligated from the FY93 RegionalI removal allowance; an additional $90,000 contingency ~u'nding mayI be obligated from the FY94 allowance, if required, for a potenti~l total draw of Disapproval ~ignature Date 11 10/07/9~ 1]:19 EPA REG 9 FIELD 01~ SITE Cal~ornia ro SCALE I ,cologY nnd environment, ~nc. Figure SITE; LOCATION M,~P' BROOKSHIRE PLATING - 5~7 g~st ~19th Street Bakers[ield, Cal~ornia 107077g~ 1~:21 ~ EPA REG 9 FIELD~ 014 //// Cafe and Residence Szms ' i~lumlnlUm ~ ,, ~rt~ [ Oiilce Toilet lU'- Fence ~ ,Bumper' ~m I Cheml~l Storage Vat or t~ ' Shed ~ley S~LE ecolosy and environment, in Figure 2 FACILITY MAP ,' Brookshlre BI,tins Bakersfield. Cnlifornia April 13, 1990 Mr. Joe Canas Kern County Resource Management Agency RECMJVMD Environmental Health Division 2700 "M" Street 'MAY 0 7 1990 Bakersfield, CA 93301 ~aT. MA~ DIV. Dear Mr. Canas: Subject: Cleanup of Brookshire Plating In response to your letter of January 30, 1990 regarding the mitigation actions proposed at my business, Brookshire Plating, I am providing the following information. I will be performing a general facility cleaning including the following actions: 1.Relocation or sale of all metallic materials be they personal belongings or unclaimed plating jobs. This activity should only take 2-4 months and I will be performing these actions myself. 2. Sell or transfer all un-used plating chemical feed stocks to other business locations. (as you advised in your 1/30/90 letter, I will document these transactions by way of signed receipts.) I have contacted my former competitors and have initiated negotiations to complete the transfer of the feed stock materials and will notify the Bakersfield City Fire Department when my stored chemical inventory no longer meets business planning requirements. 3. As a precautionary measure, I will seal the floor drain from the plating area to avoid any accidental releases into the Sewer. I will provide photo-documentation to the Bakersfield City Public Works Department when this is accomplised (approximately 1 week). 4. Site characterization and analysis: a. Obtain E.P.A. Hazardous Waste Generator I.D. Number. (approximately 1 month). b.Prepare detailed site characterization plan for approval by your agency. (approximately 2 months). c. Investigate possibility of listing metallic scales and impacted soils on California Waste Exchange (operated by the Department of Health Services) for reclamation of the metals in lieu of landfill disposal. (approximately 1 month). I am hopeful that these measures indicate my willingness to cooperate with your agency in the matter at hand. As I have indicated previously, due to the small Page 2 of 2 size of my business I am unable to contract for environmental consulting services. However, a family friend with ten years of experience in environmental conservation matters is assisting me in this cleanup action. I will keep you apprised of all significant milestones which occur during the cleanup process. Please contact me at (805) 323-0863 if you have any questions regarding this correspondence. Sincerely, K.L. Brookshire KB/jj cc: Mr. Michael J. Yraceburn (K.C.D.A.) Mr. Ralph E. Huey (City Fire Department) Mr. Charles J. Turner (City Public Works) April 13, 1990 Mr. Charles J. Turner City of Bakersfield Department of Public Works 1501Truxtun Avenue Bakersfield, CA 93301 Dear Mr. Turner: Subject: Industrial Wastewater Discharge From Brookshire Plating I am writing to inform your agency that effective July 26, 1989 I have been prohibited from conducting any business operations by a temporary restraining order (#207512) and, therefore, no longer require an industrial wastewater discharge permit. I am providing photos taken before and after I sealed the floor drain in the plating area so that there would not be any potential industrial discharge from my property even in the unlikely event of a total release of the plating liquids from any container. As a consequence of this action, I will not be submitting a semi-annual discharge report, and respectfully request that my discharge permit (#2-BK-0002) be rescinded! Thank you for your cooperation in this matter. Please contact me at (805) 323- 0863 if you have any questions regarding this correspondence. Sincerely, K. L. Brookshire KB/jj cc: w/o attachments Yraceburn Canas Huey P.O. BOX 6278 BAKERSFIELD, CA 93386 (805) 589-5648 RECEIVED INC. I 1 1990 April 9, 1 990 H.a~. MAT. DIV. County of Kern Office of the District Attorney ATTENTION: Mike Yraceburn 1215 Truxtun Avenue Bakersfield, Ca. 93301 Dear Mr. Yraceburn: This is to inform you that CALPI, Inc. is no longer working with/ or at Brookshire Plating. Our last contact was on January 12, 1990. In the event that we are brought back into this matter we will form all parties of that fact. Sincerely,~__ Jack Vechil Supervisor JV/mt cc: Chris Burger Ralph Huey March 1~ 1990 TO: Nina Mayer~ Accounts Receivable FROM: Ralph E. Huey~ Hazardous Materials Coordinator SUBJECT: Brookshire Plating Nina~ account number 450901 should be voided for this fiscal year only. If at a later time they are to be taken off the records we will notify you. Thanks~ Valerie GARY J. WICKS ~ ~(~ 2700 M Street, Suite 300 Agency Director Bakersfield, CA 93301 (805) 861-3502 .F~?/.~.. Telephone (805) 861-3636 STEVE McCALLEY ~,-~~~~" Telecopler (805) 861-3429 Director R E S 0 U R C E ,~, , NT AGENCY January 30, 1990 Kenneth Brookshire Brookshire Plating 527 E. lgth Street Bakersfield, CA 93305 RE: Mitigation Actions Being Proposed at the Brookshire Plating Facility Dear Mr. Brookshire: This Department has completed the review of the proposed mitigation actions to be performed at your facility located at 527 E. 19th Street in Bakersfield, California. The Department concurs with your general plan of action as outlined in the letter. However, further explanation is required regarding who will perform the activities described, time frames for completion, and final destination of all hazardous substances. A phased workplan indicating tasks and completion dates is required. As advised during our site inspection, proper documentation of hazardous substances removed from this location is requested. Should you have any questions regarding this above sub3ect matter, I may be contacted at (805) 86!-3636. Sincerely, Hazardous Materials Specialist Hazardous Materials Management Program JO: 3g cc: Mike Yraceburn, DA Richard Harger, Bakersfield Fire ~ Ralph Huey, Bakersfield Fire RECEIVED JAN 1 7 1990 Aos'd ............ January 11, 1990 Kern County Health Department ATTENTION: Chris Burger Joe Canas 2700 M Street Bakersfield, Ca 93301 SUBJECT: Brookshire Plating, 527 E. 19th Street. Dear Mr. Burger or Mr. Canas: The following is presented as the plan for elimination of the non- compliance situation at the above address. The business at the site will be permanently closed and the materials disposed of ac- cording to the following work plan: 1. All service lines to tanks will be disconnected. 2. The empty tank will be moved to an open area to permit access. 3. The floor boards and debris under tanks will be picked up and stored in plastic lined bins. 4. Starting on the cleaner and water-rinse tank, the contents will be placed into DOT approved drums or polyethylene tanks, and the tanks will be rinsed. All rinsate will be stored in the correct drums or tanks. 5. The rectifier will be moved to permit access to the chrome tank. 6. Anodes and bars will be removed from the chrome tank and cleaned. 7. The chrome tank contents and cleaning rinsate will be drummed with suitable labelling. 8. The same procedure will be carried out on the copper and nickel tanks. 9. All drums will be sotred in a secure area pending purchase by an interested party. This sale is currently being nego- tiated and will involve all chemicals, liquid and solid, and all tanks and associated equipment. Kern County Health Department Page 2 January 11, 1990 10. Debris will be removed from vacated tank area and stored in bins. 11. Debris and flooring will then be tested to determine method of legal disposal. When item 11 is completed this should eliminate the non-compliance at this site, Sincerely, Kenneth Brookshire : Yraceburn, Kern District Attorney Ralph Huey -'~ARV ~-J.~ wtCKS ~Ag~ncy Director · 2700 M Streel, Suite 300 Bakersfield, CA 93301 (805) 861-3502 ~-~-·'-~'Y:'>;~"~ Telephone (805) 861-3636 STEVE McCALLEY ~~,-~ Telecopler (805)861-3429 Director R E S O U R C E ~N,. A. G '~'E~; N T A G E N C Y October 16, 1989 K.L. Brookshire Brookshire Plating 526 - 19th Street Bakersfield, CA 93305 Re: Compliance Requirements at Brookshire Plating Dear Mr. Brookshire: This is to inform you that this Department is in receipt of your letter dated the 28th of September, 1989, which describes your intent to comply with the Notice of Violation and Order to Comply issued in June, 1989. As described in your letter, it appears that you are taking steps to comply with the Order by performing some general maintenance on the plating tanks, labeling, segregating, and properly storing chemicals. Be advised that some of the chemicals identified during our inspection are classified as hazardous wastes and thus must be managed accordingly.~ Upon reinspection of the facility, proper documentation of transfer, and disposal of any hazardous wastes must be provided. Also included with your letter was an analysis report from Calpi, Inc. who performed some field screening activities at that facility. The report indicates that sampling was performed only near the plating tanks, and results showed non- hazardous characteristics. During our inspection, hazardous concentrations were discovered at locations within the facility, and later verified by analysis at a State certified laboratory. In order to determine compliance with our Order, a report documenting your methodology for sample retrieval in accordance with EPA document SW-846 must be prepared. All samples must be analyzed for hazardous wastes by a State certified laboratory..Enclosed with this letter is a " diagram of where samples were retrieved frOm during our inspection which should assist you in determining where to retrieve further samples. K.L. Brookshire October 16, 1989 Page 2 The above mentioned report must be provided prior to our reinspection on, or about the 31st of October 1989. Should you have any questions regarding the above matters, I may be contacted at (805) 861-3636. Sincerely,/q Joe Canas Hazardous Materials Specialist Hazardous Materials Management Program JC:cd cc: District Attorney- Mike Yraceburn Bakersfield Fire Dept. - Richard Harger enclosure canas\brookshi.let RECEIVED OCT 0 3 19§9 September 28, 1 989 HAF_. MAT. DIV. Kern County District Attorney's Office ATTENTION: Michael Yraceburn 1215 Truxtun Avenue Bakersfield, Ca. 93301 REFERENCE: Brookshire Plating 527 E. 19th Street Dear Mr. Yraceburn: The following program is presented as the initial step toward elimination of the non-compliance situation at the above site. 1. A site examination has been performed on the building section containing the plating tanks. The results (attached) show that there is no sub-surface contamination. Steps will be taken'to scrape, clean, and P~tc'h the concrete surface. All material removed will be stored in suitable containers until disposal and/or recycling can be arranged. 2. Building 529½ (back of property) will be emptied of all ma- terials, tested and cleaned. Rental of this building is being considered. All chemicals presently in this building are to be transferred to the plating room. Large containers will be stored with suitable labelling and separation into chemical classes as safety dictates. The smaller containers will be placed into closed storage cabinets with suitable labelling and segregation. These cabinets have been purchased and are in place. As the items are stored, an inventory will be pre- pared and MSDS's will be procured. These and a site diagram will be supplied to the Hazardous Materials Coordinator. 3. I am considering my business options and hope to recover some of my clientele for small plating jobs. Because of my age, I intend to limit business to smaller items. Due to this scale- down, un-needed chemicals are being disposed of (either by sales or transfers to other concerns), and these disposals will be duly documented. These first steps are expected to be completed by October 31st. If all parties agree to the progress, I will then apply for a Kern County District Attorney's Office Page 2 September 28, 1989 reinstatement of business license at that time. Thank you for your attention to this matter. Sincerely, Kenneth Brookshire cc: Ralph E. Huey Hazardous Materials Coordinator City of Bakersfield Fire Department 2101H Street Bakersfield, Ca. 93301 Joseph Canas Kern County Health Department 2700 M Street Bakersfield, Ca. 93301 P.O. BOX 6278 BAKERSFIELD, CA 93386 (805) 589;5648 INC. September 11, 1989 Brookshire Plating ATTENTION: Mr. Ken BrookShire 527 E. 19th Street Bakersfield, Ca. 93305 Dear Mr. Brookshire: On September 7th, CALPI, Inc. personnel ~ampled and haz-cat tested a total of twelve (12) locations at the Brookshire Plating Plant. The testing included ph, possible acid radi- cals (chloride, sulfate, etc.) and metals (chromium, nickel, etc.) as well as cyanide. The results can be summarized as follows: SAMPLE TYPE LOCATION PH OTHER TESTS 1 surface pot room 1 12 sodium hydroxide 2 core door rm 1 7 negative 3 core under tank 7 negative 4 core under tank 5 sulfate(wet sand in hole) 5 surface end of tank 10 sodium hydroxide sulfate 6 core eaten concrete area 7 sulfate, carbonate 7 surface spill in walk area 5 nickel sulfate 8 surface near tank 11 carbonate 9 core between tanks 7 negative 10 surface between tanks 10 nickel 11 surface wood at tank bottom 12 carbonate 12 surface near chrome tank 11 carbonate With the exception of the bag spill (sample 7), all positive were at a low level. Brookshire Plating Page 2 September 11, 1989 No Chromiumwas found in any samples. Nickel was found only in two areas, both surface samples. Since no core samples showed heavy metals, there does not appear to be any sub- surface contamination. The problems in building appear to be minor and could be clear- ed up with good housekeeping and scraping and cleaning under and around the tanks. Repairs to the corroded wood frames and re- surfacing of certain of the concrete floors is also in order. This is especially t~ue in'the area leading to the side door in the tank room. If you have any questions, please call. Sincerely, Dominic Colasito Supervisor DC/mt "WE CARE" August 28, 1989 TO: M.R. Kelly, Deputy Chief FROM: Ralph E. Huey, Hazardous Materials Coordinator SUBJECT: Brockshire Plating Per the request of Ken Brookshire, I met with him, Wednesday, August 23, 1989 to review the steps he must take to satisfy the requirements of the temporary restraining order served on him as it applies to the Bakersfield Fire Department. Specifically the injunction states: --"That defendant comply with the Uniform Fire Code in all instances and present a plan for conforming with such Uniform Fire Code to the Bakersfield Fire Department and cease and desist ail operations until such plan is approved by the Bakersfield Fire Department end the District Attorney's Office"-- The meeting was held at Brookshire Plating, 527 East 19th Street and was attended by 3. Vechil and Dr. Colasita of CALPI Incorporated in addition to K. Brockshire and myself. CALPI reportedly has been retained by Brookshire to assist him in meeting the requirements of the injunction (KCDA NO. 207512). In this meeting I reviewed each item of the Notices of Violation issued on June 13, 1988 and February 7, 1989 as well as the items covered in the registered letter sent March 21, 1989. In reviewing these documents with Mr. Brookshire I stated that the items that were still pending from these notices were: 1) Proper segregation and storage of Hazardous Materials. 2) Proper labeling of hazardous materials containers. This includes all drums, tanks, bottles, buckets, or bags -- all new as well as waste materials. 3) MSDS sheets for each Hazardous Material used or stored must be maintained on the premises. 4) Chemical storage area must be properly identified with visible hazard identification signs. 5) Business Plan must contain an emergency response plan and procedure for safe handling of hazardous materials, that addresses prevention mitigation and abatement of hazardous materials releases. Page 2 Brookshire Plating The meeting took place at the counter in the front of Mr. Brookshires business. I did not inspect the facility or review any of the other portions of his business. Mr. Vechil of CALPI did seem to understand exactly what we were requesting. My understanding is that their company will also submit a proposal for a site assessment as required by KCEH. I stressed with Mr. Brookshire that is was in no way an authorization to resume business~ that decision is currently in the hands of the District Attorney Office. My comments only related to the portion of the injunction pertaining to Hazardous Materials regulation~ as enforced by the Bakersfield Fire Department. M. Raceburn - KCDA R. Harger - BFD H. Eddy - KCDA 1 gD"ARD R. JAGgLS, District Attorne~ .... County of Kern ~ 2 Michael J. Yraceburn Deputy District Attorney 3 Consumer Fraud & Environmental Protection Unit '- Kern County Justice Building ...... 4 1215 Truxtun Avenue Bakersfield, CA 93301 5 Telephone: (805) 861-2421 6 Attorney for Plaintiff 7 8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF KERN 10 . . . . , , . 11 THE PEOPLE OF THE STATE OF CALIFORNIA, ) No.~ ) 12 Plaintiff, ) ORDER TO SHOW ) CAUSE RE: 13 vs. )- PRELIMINARY ) INJUNCTION AND 14 KENNETH L. BROOKSHIRE dba ) TEMPORARY BROOKSHIRE PLATING. ) RESTRAINING ORDER 15 and DOES 1 through 30, Inclusive, ) ) 16 Defendants. ) 17 18 Plaintiff having filed its complaint in the above 19 entitled action and having prepared., and filed its Memorandum o 20 Points and Authorities, Declarations and Exhibits in support o this Order to Show Cause and Temporary Restraining Order, and 21 this Court having read and considered said Complaint, 22 Memorandum of Points and Authorities, Declarations and Exhibit: 23 and it appearing to the satisfaction of this Court that 24 sufficient grounds exist therefore: 25 I IT IS HEREBY ORDERED that Kenneth L. Brookshire dba 2 Brookshtre Plating, appear before this court in Department ! of 3 the Superior Court, County of Kern, 1415 Truxtun Avenue, 4 Bakersfield. California, on the _L_~__ day of _ _~_~_~__~_-_ .... . a 5 5; ~O~ (p.m.), then and there to show cause, if any they 6 have. why they, their servants, agents, employees, and those ? acting in or on their behalf should not be enjoined and 8 restrained from each of the following activities or complying 9 with: 10 (a) Transferring, ~ 11 encumbering, concealing or~y 12 disposing of a~y~o~~P~operty, or 13 other asse-~s~~a~ed through the 14 act~~p~ac~ices described wi thin 15 t aintl 16 (b) Cease and desist all business 17 activities and other operations at 18 ' 527 East 19th Street until such time 19 as a site mitigation plan for the 2O removal of all hazardous materials or 21 hazardous waste has been submitted 22 and approved by the Kern County 23 Health Department and District 24 Attorney's Office. 26 I (c) Cease and desist all business 2 activities and all other activities 3 at 52? East 19th Street, Bakersfield, 4 California until such time as ali 5 hazardous matertals or hazardous 6 waste that has been disposed of 7 improperly or discharged into the 8 environment are removed and disposed 9 of in accordance wtth Health and 10 Safety Code, the regulations 11 promulgated thereunder, and untti the 12 site is certified as within the 13 standard set forth in Health and 14 Safety Code by the Kern County Health 15 Department or such agency that may 16 have similar jurisdiction. (d) That defendants comply with the 18 Uniform Fire Code in ail instances 19 and present a plan for conforming 20 with such Uniform Fire Code to the 21 Bakersfield Fire Department and cease 22 and desist all operations until such 23 plan is approved by the Bakers-field 24 Fire Department and the District 25 Attorney's Office. 26 I (e) That defendants cease and desist all 2 business activity, and other activity 3 at 527 East 19th Street, Bakersfield, 4 California until all violations of 5 the Uniform Fire Code have been 6 complied with and such compliance has 7 been approved of by the Bakersfield 8 Fire Department and its Hazardous 9 Materials Unit. 10 IT IS FURTHER ORDERED that pending the hearing on the 11 Order to Show Cause. defendants their servants, agents, 12 employees and ali those acting in or on their behalf are hereby 13 enjoined from.each of the following activities: 14 (a) ~-%~-e-Y.~ selling, hypothecating, encum~ concealing ~~ way 16 disp°slng~perty, or 17 . other a~~ne~gh the 18 ac~~a~c~ ices describe~ wi th in 19 th~6~p~ompi~ 20 (b) Cease and desist all business 21 activities and other operations at 22 527 East 19th Street until such time 23 as a site mitigation plan for the 24 removal of ail hazardous materials or 25 hazardous waste has been submitted 26 and approved by the Kern County I Health Department and the District 2 Attorney,s Office. 3 {c) Cease and desist all business 4 activities and all other activities 5 at 527 East 19th Street. Bakersfield, 6 California until such time as all 7 hazardous materials or hazardous 8 waste that has been disposed of 9 improperly or discharged into the environment are removed and disposed of in accordance with Health and 12 Safety Code, the regulations 13 promulgated thereunder, and until the 14 site is certified as within the 15 standard set forth in Health and 16 Safety Code by the Kern County Health 17 Department or such agency that may 18 have similar Jurisdiction. (d) That defendants comply with the 20 Uniform Fire Code in ali instances 21 and present a plan for conforming 22 with such Uniform Fire Code to the 23 Bakersfield Fire Department and cease 24 and desist all operations until such 25 plan is approved by the Bakersfield 1 Fire Department and the District 2 Attorney,s Office. 3 (e) That defendants cease and desist ali 4 business activity, and other activity 5 at 527 East 19th Street, Bakersfield, 6 California until al! violations of the Uniform Fire Code have been 8 compiled with and such compliance has been approved of by the Bakersfield 10 Fire Department and its Hazardous Naterials Unit. IT IS FURTHER ORDERED that a true copy of this Order 13 to Show Cause and Temporary Restraining Order, together with- 14 Nemorandum of Points and Authorities and Declarations in 15 Support thereof, together with a true copy of the Summons and 16 Complaint herein, unless heretofore served, be served upon the 17 defendants at least _~_ .... days before said hearing 19 DATED: JJ. 2 6 {989 ....... 1989 2O 21 ROGERD.~NDA~ 22 JUDGE OF THE SUPERIOR COURT 23 24 25 26 ST~BE COMPLETED BY THE OWNER OR OPERATOR OF EACH BUSINESS IN CH AT ANY TIME HANDLES ANY ACUTELY HAZARDOUS MATERIAL IN /v ~ AN, ~IITIES GREATER THAN 500 POUNDS, 55 GALLONS OR 200 CUBIC FEET OF GAS AT / STP.' THIS FORM SHALL BE COMPLETED AND SUBMITTED TO YOUR LOCAL ADMINISTERING AGENCY. (§25533 & 25536 Health & Safety Code) RECEIVED Note Instructions on reverse ' ,JttN 2 719s9 Business Site Address ~,~.,2 7 ,/~ / ~ ~-- Business Mailing Address (if different) Business Phone ,,_.~'~.-~--- ~ P ff~'x~ Business Plan Submission Date2 P Process Des!~ma. tlon3 ACUTELY HAZARDOUS MATERIALS HANDLED4 -USE ADDITIONAL PAGES IF NECESSARY- CHEMICAL NAME QUANTITY GENERAL DESCRIPTION OF PROCESSES AND PRINCIPAL EQUIPMENTS: SIGNATURE.. / /. ~ TITLE ~__~ California Office of Emergency Services FORM HM 3777 (1-15-88) INSTRUCTIONS; Superscripts: 1; 'Quantifies for RMPP compliance are "equal to or greater than" the minimum criteria and apply to chemicals handled "at any one time". 2. Businesses handling reportable quantifies of Acutely Hazardous Materials that have not submitted a business plan ~MUST contact local Administering Agencies. The business plan submission date will assure the Administering Agency that a business plan has been submitted and is on file. This will also immediately identify businesses that have not submitted business plans. 3. "Process Designation" is provided as a reporting option (with the approval of the Administering Agency) for facilities that can most easily report by process. Thus, facility RMPP regiswation data could be submitted in a similar format to a business plan that is divided by process. "By process" data can initiate an emergency response to a process incident rather than a general emergency response to a major facility. Process designation ............. can sim. pli~ kqspec.!ions f~ rna.~r facilities ~xt improve ~sjlure e~e~ncy ~nse 4. Refer to the EPA list of Extremely Hazardous Substances from the Federal Register (Volume 52, No. 77, p. 13397 et. sea_., April 22, 1987). Each chemical has a threshold planning quantity. This list may be changed by EPA on an annual basis. Updates of this list may be available early in 1988. To comply with this element, you may attach a copy of the inventory submitted to your Administering Agency from your business plan and highlight all Acutely Hazardous Maleriaks. It is recommended that facilities list all extremely haTmdous chemicals handled in quantifies equal to or in excess of 1) 500 pounds, and 2) any EPA threshold planning quantity less than 500 pounds. 5. Do not include Trade Secret information in these descriptions. General: For emergency response purposes, it would be desirable to describe the following to the Administering Agency: 1. Batch Process: a. .What raw materials? b. What operating pressure range? c. What operating temgxau=e range? cl. Batch capacity rating? I e. Product characteristics? (e.g., chemical state, flammability, toxicity, eU:.) f. Critical lxocess points and characteristics? 2. Continuous process: ('.similar information as above.) "Pursuant to §255M, ~e Administering Agency may require the submission of a Risk Management Prevention Program (RMPP), if the Adminislming Agency determines that the handler's operation may present an acutely hazardous materials accident risk. The handler slutll Inepare the RMPP in accordance with subdivision (c) [of §25534]. The RMPP shall be prepared within 12 mmths following the request made by the Administering Agency pursuant to this section.' (§ 25534 (a) Health and Safety Code) An amendment to the RMPP must be submitaed to the Administering Agency within 30 days of: 1. Any additiooal handling of acutely hazardous materials. 3. Change of address, tmsiness ownership, or business name. (§ 25533 (c) Health & Safety Code) ° EVERY BUSINESS REQUIRED TO SUBMIT AN RMPP SHALL IMPLEMENT THE APPROVED RMPP · California Office of Emergency Services FORM HM 3777 (1-15-88) MORAN,DUM .,, "WE CARE ' *~ TO: RICHARD HARGER, CAPTAIN, FSC FROM: R. T. STACEY, BATTALION CHIEF, TRAINING DIVISI~ DATE: 16 JUNE 89 SUBJECT: OVERVIEW OF OPERATIONS AT 56? E 19TH STREET At 0900, 6 June 89 the follow units and personnel responded to 716 E. 21st (Bakersfield Fire Department, Station #2) for briefing of hazardous materials investigation and operation plan for the service of warrant of Brookshiser Plating located at 527 E. 19th Street, Bakersfield, California. Battalion 2 Hazardous Material Emergency Response Coordinator Ell (Haz-Mat Team) T7 E2 Audio Video Tech. Battalion 2 was on scene for approximately 2 hours as Emergency Operations Chief at which time he was relieved 'by Haz-Mat Emergency Response Coordinator. E2 was on stand by until 11:30 a.m. released once hazards were determined to be at the level that Ell could handle. Eli (Haz- Mat Team) stood by for emergency response if needed and possible emergency decontamination of exposed personnel. P2 was utilized for delusion of high PH chemical running into the gutter from ditches coming out of business property. Eng. Rios was used to assisted Audio Visual Department in taking video & still picture of the purpose of documentation of evidence. Members on scene: Chief Morrison, 2A Chief Stacey, Haz-Mat Emergency Coordinator Capt. Hammons, Haz-Mat Team Acting Eng. Melton, Haz-Mat Team FF. Chandler, Haz-Mat Team Capt. Nagle, T7 Eng. Paddock, T7 FF. Cohen, T7 Capt. Bonner, E2 Eng. Cunningham, E2 FF. Finley, E2 Eng. Rios, P2 Edwina Davis, Audio Visual Tech. ' BAKERSFIELD FIRE DEPT. INCIDENT REPORT FILL IN THIS REPORT F D. ID No.~ - DELETE ,N YOU~ OWN WOROS I I ~ ~1 C~ I,C~'/ : CHANGE B FIXED PROPER~ USE ~CUPANT NAME (Last, FirsL MI) j OWNER NAME (Last, First. MI) ADDRESS F PHONE No. STATION SHI~ ~ N°' OF A~RMS MANPOWER SUPPLEMENT ENGINEERS j COMPLEX MOBILE PROPERTY TYPE I I K AREA OF FIRE ORIGIN EQUIPMENT INVOLVEDINIGNITION L FORM OF HEAT IGNITION TYPE OF MATERIAL IGNITED IFORM OF MATERIAL IGNITED M METHOD OF EXTINGUISHMENT LEVEL OF FIRE ORIGIN IESTIMATED LOSS(Do,lam) INSURANCE SUPPLEMENT SECTION M LOSS $ I I I I '1 I I I,I I I ESTIMATED LOSS [ SUILDING J CONTENTS J TOTAL $ I I I I,I I I I,I I I $ I I I ~,~ ~ I I,I I I $ I I I I.I I I I.I I I N NUMBER OF STORIES CONSTRUCTION TYPE 0 EXTENT OF FLAME DAMAGE EXTENT OF SMOKE DAMAGE p OETECTOR PERFORMANCE SPINKLER PERFORMANCE TYPE OF MATERIAL GENERATING MOST SMOKE AVENUE OF SMOKE TRAVEL Q IF SMOKE SPREAD BEYOND J I R ROOM OF ORIGIN FORM OF MATERIAL GENERATING MOST SMOKE S iF MOBIL PROPERTY YR. MAKE MODEL SERIAL No. LICENSE No. T IF EQUIPMENT INVOLVED YR. MAKE MODEL SERIAL No. LICENSE No. IN iGNITION MEMBER MAKING REPORT (If different from above) DATE FD 1647 (Rev. 2-t8-88) ' ~ STORY OF ALARM PLOT PLAN OF FIRE N / BAKERSFIELD FIRE DEPARTMENT HAZARDOUS MATERIAL COST RECOVEry / BFD Incident No. 0(_5~-2_ Address ~-27 Hste=ial Time Of Incident Responsible Party ~LhO ~C~t~r~ PERSONNEL VEHICLES i ON i COMPLETED TOTAL ~ ON COMPLETED TOTAL SCENE ASSIGNMENT TIME SCENE ASSIGNMENT TIME I oOq7_ Tools And Equipment Damaged Or Contaminated FD 1589 iI, EP~: COUNe DISTRICT ATTORNEy - HAZ _. TASK FORCE COST RECO¥~RY WOI~K~WLCt~T FILM AND DEVELOPI~ LABQRATORY AND SAMPLE COST~ L&brator~, i $ Laboratory 2 Storage/Handling/Disgosal $100.00 ADMINISTRATIVE COST~ Total Personnel Ho~r. x 9% x Secretarial Hr. Ra~m EQIJXPM~NT ................................ . .... · .... $~_~_ F'XL. ,=,ND DL='VELOPXNa .. ......................... .....$._ ?. ~_ L-qBOR~TORY COSTS .... ...................... . .... ....$ ADMZNXSTRATZV~ COlT ... ............................. $ .... - _ MX SCE~U (mI~C:XFY) ALPHABETICAL LIST - DECEMBER 1987 EMP. EMP. I.D.# I.D.# 0001 1. Adams, J.E. 0051 51. Gholson, S. T. 0002 2. Allen, P.E. 0052 52. Goatcher, 8. W. 0003 3. Angello, M.R. 0053 53. Graham, L. L. 0004 4. Anson, G.A. 0054 54. Graham, P. L. 0005 5. Araujo, R.R. 0055 55. Gustin, W. J. 0006 6. Barnes, E.G. 0056 56. Haas, 8. M. 0007 7. Bergman, G.P. 0057 57. Hacker, R.M. i 0008 8. Blair, K.W. 0058 58. Hacker, R.R. .i 0009 9. 8onner, T.M. 0059 59. Haggard, B. F. 0010 10. 8orion, R.J. 0060 60. Haining, D. C. 0011 11. Bowman, L.L. 0061 61. Hale, G. T. 0012 12. Braughton, C.H. 0062 62. Hall, D. C. 0013 13. Brooks, G.T. 0063 63. Han~nons, W. O. 0014 14. Brown, G. 0064 64. Harger, R. H. 0015 15. Caldwell, j.p. 0065 65. Heflin, R. T. 0016 16. Cantu, A. 0066 66. Hendrickson, M. C. 0017 17. Caprioli, P.A. 0067 67. Hill, M. J. 0018 18. Carlsen, C.A. 0068 68. Hollon, S. E. 0019 19. Casavant, S.R. 0069 69. Holtschulte, T. J. 0020 20. Casey, M.G. 0070 70. Hosey, W. T. 0021 21. Celestino, p. 0071 71. Hostmyer, A. H. 0022 22. Chandler, G.S. 0072 72. Huey, R. E. 0023 23. Childress, 8. D. 0073 73. Hurry, M. E. 0024 24. Clason, D.V. 0074 74. Hutton, G. P. 0025 25. Cohen, M.O. 0075 75. Johnson, D. N. 0026 26. Colburn, S.A. 0076 76. Johnson, M. D. 0027 27. Cooper, D.G. 0077 77. Johnson, S. D. 0028 28. Cross, j.R. 0078 78. Johnson, T. A. 0029 29. Culbertson, O.C. 0079 79. Kelly, M, R. 0030 30. Cunningham, T.D. 0080 80. Kelly, R. E. 0031 31. Davies, M.R. 0081 81. Kollenborn, L. E. 0032 32. DeFord, D.E. 0082 82. Kozy, R. C. 0033 33. Dickensheets, G.L. 0083 83. Kullrich, D. J. 0034 34. Dietz, S.B. 0084 84. Kunzler, R. H. 0035 35. Duran, E.G. 0085 85. Leon, J. R. 0036 36. Duran, E.M. 0086 86. Lucas, J. W. 0037 37. Embrey, C.C. 0087 87. Lucas, W. C. 0038 38. Embry, j.R. 0088 88. Lugo, D. R. 0039 39. Escobedo, J.R. 0089 89. Luken, T. J. 0040 40. Estrada, F.L. 0090 90. Lynch, T. P. 0041 .41. Evans, E.D. 0091 91. Lyons, T.A. . 0042 42. Finley, M. 0092 92. MacDonald, C. L. 0033 43. Flanagin, D.L. 0093 93. Mann, R. E. 0044 44. Ford, D.A. 0094 94. Martinez, A. 0045 45. Franco, A.R. 0095 95. Mason, J. L. 0046 46. Fraze, R.J. 0096 96. Mathis, M. L. 0047 47. Fuqua, K.L. 0097 97. Matthews, C. 0048 48. Galagaza, M. 0098 98. Maxwell, j. L. 0049 49. Gambill, j.W. 0099 99. Maxwell, M. H. 0050 50. Gennanetti, j.R. 0100 100. McBratney, L. Pg. 2 ALPHABETICAL LIST - DECEMBER 1987 EMP. EMP. ID#. ID#. 0101. 101. McBride, B.K. 0151 151. Short, R. H. 0102 102. McCarthy,-O. 0152 152. Shute, P. M. 0103 103. McCorkle, R.L. 0153 153. Silvius, P. A. 0104 104. McMillon, A.R. 0154 154. Smith, E. G. 0105 105. Meighan, S.L. 0155 155. Smith, P.E. i 0106 106. Melton, R.D. 0156 156. Spain, j. B. 0107 107. Milam, j.G. 0157 157. Squyres, J. W. 0108 108.. Miranda~~ 0158 158. Stacey, R. T. 0109 109. Moffatt, j.L. 0159 159. Stewart, M. L. 0110 110. Moffatt, T.S. 0160 160. Strickland, J. E. 0111 111. Monsibais, I.O. 0161 161. Strickland, T. R 0112 112. Moore, A.S. 0162 162. Strube, R. A. 0113 113. Moore, G.A. 0163 163. Swen, D. 0114 114. Moore, M.H. 0164 164. Taylor, C. C. 0115 115. Morrison, T.E. 0165 165. Thomas, K. C. 0116 116. Myers, S.D. 0166 166. Tiger, j. C. 0117 117. Nagle, j.R. 0167 167. Tilford, R. 0118 118. Needham, D.S. 0168 168. Tingley, S. M. 0119 119. Neumann, A.A. 0169 169. Tisinger, D. L. 0120 120. Nichols, S.F. 0170 170. Tobias, R. B. 0121 121. Olle, J.D. 0171 171. Toler, L. M. 0122 122. Olson, j.C. 0172 172. Turner, G. A. 0123 123. O'Rand, B.L. 0173 173. Vawter, R. D. 0124 124. Ortiz, F. 0174 174. Watkins, R. W. 0125 125. Owen, j.B. 0175 175. Watts, E. W. 0126 126. Pacheco, H.R. 0176 176. Webb, D. W. 0127 127. Paddock, G.S. 0177 177. Weber, j. P. 0128 128. Papasergia, P.J. 0178 178. Welborn, D. R. 0129 129. Patterson, W.J. 0179 179. Wiggins, K. P. 0130 130. Perry, B.D. 0180 180. Yarger, R. 0131 131. Perry, C.S. 0181 181. Yates, J. G. 0132 132. Phillips, S.R. 0182 182. Young K.G. 0133 133. Ponec, P.A. ' 0134 134. Poynor, C. T. 0135 135. Ramos, R. F. 0136 136. Rangel, E. L. 0137 137. Rapp, R. R. 0138 138. Richert, M. D. 0139 139. Riggins, j. T. 0140 140. Rios, B. L. 0141 141. Roberts, A. W. 0142 142. Rodriguez, J. B. 0143 143. Roe, D. D. 0144 144. Romines, C. R. 0145 145. Rutledge, j. C. 0146 146. Sandoval, A. T. 0147 147. Scott, W. K. 0148 148. Scritchfield, j. 0149 149. Shapazian, j. M. 0150 150. Shoff, B. A. M 0 RAN D U M ? -~_ June 13, I989 TO: Captain R. Harger, Investigator Has Mat ~ask~ce FROM: Ralph E. Huey, Haz Mat Coordinator/W SUBJECT: Inspection of Brookshire Plating, 527 East 19th Street Conducted on June 6, 19B9 City of Bakersfield Fire Department - Hazardous Materials Division The Preliminary meeting, prior to the inspection was conducted at Station Two and began at 0910 hours. The City Ham Mat Division was represented by R. Huey and D. Meadows :~.~. ' ,' .... · ~.~:~ · After the meeting and the serving of the warrant by H. £ddy ~nd ~. ~arger ~e ~rr~ved on ~cene at ~pprox~ate~y ~020 hour~ assisted the taping o~ the immediate area. .,~:~:':~.;(,.:::~:.:.~'~::.'::.. Health Department assessment was completed at 1218 hours. Huey and D. Meadows entered the area at 1245 hours to complete Ha=ardous Materials inspection. The following Hazardous Materials storage violations were observed: "~ l) Several ~ixed storage tanks, as we~l as portable containers were not properly labeled in Violation of UFC 80. iii, as wel~ as OSHA 1~10. i22. See photo's 1, 3,-'4, ~, 7, 8, 9, 10, 11, 12, 1~, 14, 15, 16, '17, and 18. 2) Improper storage permitting product to spill onto the ground in violation of UFC 80.103 and UFC 80. ~06. See photo's 1, 2, 3, 13, 18, 20, 21, and 22. 3) Non compatible materials improperly stored, acids and cyanide compounds not properly segregated and stored in violation of UFC 80. 103 and 80.10~. See photo No. I3. Health Department has good documentation photo's of this area. .:... RaZph Huey was ~Zled away ~om ~he scene ~m I~BO hours i40O h~u~s and ~etu,~ned to ~omplete the inspection at ~pp~oaimateiy 1420 hour~. The sewer ~ine vas uncovered and exposed at [~25 hours and the Haz Mat Division secured from the scene at 1620 hours. MEMORANDUM "WE CARE" June 13, i989 TO: Captain R. Harper, Investigator Has Ma~t~ce FROM: Ralph E. Huey, Has Mat Coordinato~~ SUBJECT: Inspection of Brookshire Plating, 527 East 19th Street Conducted on June 6, 1989 City of Bakersfield FAre Department - Hazardous Materials Division The preliminary meeting, prior to the inspection was conducted at Station Two and began at 0910 hours. The City Has Mat Division was represented by R. Huey and D. Meadows. After the meeting and the serving o~ the warrant by H. Eddy and R. Harper we arrived on scene at approximately 1020 hours and assisted the taping of the immediate area. Health Department assessment was completed at ~2~fl hours. Huey and D. Meadows entered the area at 1245 hours to complete Hazsrdous Materials inspection. The following Hazardous Materials storage violations were observed: 1) Several fixed storage tanks, as well as portable containers were not properly labeled in Violation of UFC 80.111, as well as OSHA 1910.122. See photo's 1, 3,-4, 5, 7, 8, 9, 10, Al, A2, 13, 14, 15, 2) Improper storage permitting product to spill onto the ground in violation of ~FC 80.10~ and UFC 80.106. See photo's 1, 2, ~, 1~, 18, 20, 2!, and 22. ~) Non compatible materials improperly stored, acids and cyanide Compounds not properly segregated and stored in violation of UFC 80.10~ and 80.107. See ~hoto No. 1~. Health Department has good documentation photo's of this area. Ralph Huey was called away fmom the scene ~mom 1~0 hours to 1400 hours and ~etu~nsd to complete the inspection st approximately 1420 hours. The sewer line was uncovered and exposed at 1525 hours and the Haz Mat Division secured from the scene at 1620 hours. "WE CARE" June 13, 1989 TO: Captain R. Harger, Investigator Has Mat ~ask~ce FROM: Ralph E. Huey, Haz Mat Coordinator~/~ SUBJECT: Inspection of Brookshire Plating, 527 East 19th Street Conducted on June 6, 1989 City of Bakersfield Fire Department - Hazardous Materials Division The preliminary meeting, prior to the inspection was conducted at Station Two and began at 0910 hours. The City Haz Mat Division " was represented by R. Huey and D. Meadows. After the meeting and the serving cf the warrant by H. Eddy snd R. Harger we arrived on scene at approximately 1020 hours and assisted the taping of the immediate area. Health Department sssessment was completed st 1218 hours.. R. Huey and D. Meadows entered the area at 1245 hours to complete Hazardous Materials inspection. The following Hazardous Materials storage violations were observed: 1) Several fixed storage tanks, as well as portable containers were not properly labeled in Violation of UFC 80.111, as well as OSHA 1910.122. See photo's ~ 17, and 18. 2) Improper storage permitting product to spill onto the ground in violation cf UFC 80. i03 and UFC 80.106. ~ See photo's 1, 2, 3, 13, lB, 20, 2!, and 22. 3) Non compatible materials improperly stored, acids and cyanide compounds not properly segregated and stored in violation of UFC 80.103 and 80.107. See photo No. 13. Health Department has good documentation photo's of this area. Ralph Huey was called away f~m the scene 14QO h~u~s and ~etu~ned t~ c~mplete the inspection at app~Qximately 1420 hours. The sewer line was uncovered and exposed at 1525 hours and the Haz Mat Division secured from the scene at 1620 hours. MEMORANDUM "WE CARE" May S, 1989 TO: Hazardous Materials Task Force r~_//'j~~ FROM: Ralph E. Huey, Hazardous Materials Coordinato SUBJECT: Brookshire Plating - SZ? East 19th Street On Tuesday Rpril ZS, 1989 Brookshire Plating, located at SZ? East 19th Street was reinspec~ed. This reinspection was made in reCerence to the memo delivered by certi¢ied mail and dated March ZI, 1989 (enclosed>. This memo speci¢ically stated that the ¢ollowing three items mus~ be corrected by Friday Rpril 14, 1989. I) Your chemical storage must be properly segregated, ie acids must not be stored in the same area s your cyanide compounds. Z) ALL Hazardous Materials containers must be properly labeled -- This includes all drums, tanks, bottles, buckets or bags. 3) Your Hazardous Materials business plan must be updated to include the inventory o¢ all hazardous materials you have on hand, as well as an emergency response plan including noti¢ication procedures and spill prevention, minimization and clean up procedures. ISem one did show some e¢¢or~ and progress in cleaning up his chemical storage room. However this was Car Crom complete. Many small quantities o{ various acids and toxic materials were present as well as several unidenti{ied or unknown materials improperly stored on open wooden shelves, This is in violation o{ sections 80.10~, 80.104 and 80,107 o{ the U.F.C. (198~ edition>. Item two showed lift.la or no progress with {ixed containers not labeled, drums not labeled and smaller quanti~ies o{ a variety o{ materials no properly labeled. This is in violation o{ OSH~ 1910-1Z00~ UFC 80,103 and UFC 80,111. Item 'three required the business plan to be returned by Rpril 14, 1989. This plan had not been received by the time o{ the inspection on Rpril 25, 1989, however it was received Thursday ~pril Z?, 1989. 8rookshire P1 a'~ in~j In general housekeeping is still very poor, leaking containers were observed in violation o~ UFC Sec 8~.103. Mr. Brookshire has still not registered his acutely hazardous materials in violation o{ Ch 6.95 Cali{ornia Health and Sa{e~y Code section Z5536. Ground contamination is very possible at the site, disposal o{ hazardous waste may be being accomplished illegally and ~any containers are being le{t open not properly secured. REH:vp ENCLOSURE ~'priI Z?, TO: File ATTN: Ralph E, Huey, FROM: Ouane Meadows. H'az Mar'Planning Tmchnician SUBtECT: Inspection'(Follow-~p) on March 18, FSCILII'¥: Brookshire Plating SZ? East 1Bth Street' Bakers{imld, CR B~30S On Thursday, March IG, ]B8B at approxiMa'tely 10~0 hour~ a ~ollow up iospection was conducted o~ 8rook~hire Plating. Preseot were Mr. 8rookshire, owner o~ the bumines~, Mr'. Ralph Huey, Hazardous Materials Coordinator, 8akerm~ield Ci'ly Fire Oepar~Mmnt and mysel~ Ouane Mmadows, Hazardous Materials Planning Technician, 8akers{ield City Firm DepartMent. Mr. Huey asked Mr. 8rookshire 1{ the violation~ {rom the February 2~ 1988 inmpeotlon hpd been corrected. Mr. Brookshire replied by asking ~yseI~ what my ~ob du~y w~s. I replied by telling him (Mr. Brook~hire) to help businesses comply with ~8 2~8S, Ch~p~er G.BS o{ ~he Cali{orni~ Health and Sa{cry Code in tiling there Business Plan~, Hazardous Materials Inventory Form, EMergency Response In{ormation, Evacua%ion Plans and Procedures, Training, and Risk M~nageMent and Prevention Programs tot businesses handle Rou~ely Hazardous Materials along wi~h inspections. At 'that point Mr. Huey a~ked ~o see the storage area and other parts o{ She {acility. ~s we walked '~hrough the building Mr. 8rook~hire sta~ed th~ he h~d no Hazardous Materials and why did he have to {ill out paper work. I replied tha~ under G,BS o{ the Health and Sa{m~y Code that busin.es~em mu~t {itc an inventory ~he Mater'la.l~ they handle which ~re in the reporting quantities in {act the ma~erial~ he does handle were hazardous. Mr. Huey and I noted that the only ~hing that Mr. 8rookshire had done wam to plmce ~ ~ign on the door going into ~he storage area, "Prop SS Sign", Looking into the darken s~.or~gm where ~he cyanide ~nd acids were stored there was no change, except 4hat several ~001b tiber drums were gone. I did not ask where the druM~ had gone ~o and we le{t the area and headed b~ok ~o' the {font. I~ appeared that no other correctio~i~ had been open oon~'ainer'~ with aoid~ (sul{urio and hydrochloric), Materials, sodium hydroxide and unknowns. ~s we w~lked ou~ Mr. 8rookshire put his hand on my shoulder and said I didn't Mean to get up,et at you! I did not reply. The busine~m as a whole is a one person operation that well kep~. I~ would appear that gr'osm contamination is ~11 abou't the {~oility and that %hi~ individual has little or no regard {or public health and ~a{ety or ~he environment. Do hereby certify that I have reviewed the RECEIVED -. APR 2 6 191~9 attached Hazardous Materials business ~lan ___ HAZ. MAT. DIV, (name of business) and that it along with the attached additions o~ corrections consti ~ ~u~e a complete and correct Business Plan for m,v facility. /._ X'-- s~na~ure date I-la, ~ //.'cpo c~, m. CITY of BAKERSFIELD Fare and ~geiculture ~-- Stanaard Business ~ ]['~qL~:~-'$~'I:~'I=)OT"T:S I~l.$~."~ ~1 ]~.'T' ~~ ~ ~~~0~' ~ffR ~0 Z~$~RUC~O~S ~OR PROP~ COD~S I 2 3 4 S 6 1 8 g T~ans [y~e Nax Average ~nual ~asure I ~s C~t C~t C~c Use L~att~ N~re ~ by Naees of N~xcure/Coeoon~cs Co~e Cooe Aec Aat Est Units ~ Site Ty~e Press Teea C~e .. Stored in Fac~ Hty Nt See Instructions ~.1~_~2~ ....... 1~__1.~ ...... ~~_I~L~~J.~_~~~~ ........ ~_~_~c_~ ............ '_ .................... Physical and Health Hazard C.l.$. Number Ca~ent. II NaN & C.A.S. ~mber d~/ ,~ .. ,~..~,) ~_ ..... ~_~ ........ : ......................................... Jr--1 Fire Hazard ~--~-- Reactivity ~--r--~ ~lay~ r--~_a ~dd~ ~elease ~-a l~tate ............................................ : .............. fleaith of Pressure ' H~lth .' C~t 13 NaN i C.A.S. Number ,-_l~J .... m,LI,JX_L_~ .... ~~_.[~_l.~_J_~_ ~ ~~_ ~~_e_ .... ~ed__LL ......... L~'L .... (~ecK all that apply) ~______~ ................................ r--~ r--~ ~--~ r--~~r--~d C~t I~ Na~&C.A.S. ~e~r ' ~_a Fire Hazard L_a Reactivity ~lay~ ~_a ~dd~ Release -- Hem ith of Peessu~e Hem Ich ........... Ca~t 13 NaN & C.A.S. Numhe (~., ,h. ,,,~y) . ' ..................... ~ ---~ ~d~ ....................... ~-~ r-~ [--~ r-~ r--~ C~mt I~ Na~IC.l.S. ~ua~v ~_~ Fire Hazard ~--~ Reactivity -- OelayN ~--a Sudda Release ~--a I~tate · Health o~ Pressure Health Ca~t 13 Na~ i C.i.S. NUB~P C.A.S. Number ....................... Ca,et I1 Na~ & ~.l.S. Numar ~hysical and Health Hazard -- r -- ~ r-- ~ r-- ~ r -- ~ C~t 12 Nix & C.l.S. Number ~ ~ Flee Hazard ~--a Reactivity ~_d Oelay~ ~--d Sudd~ Release ~_a I~tate Health of Pressure Health Ca,et 13 Ni~ & C.A.~. Nua~r [.GEaCY CONIACIS II~i~'~ ............................... ~li ...................... ~evtiticatton /Rea~~ and sign after coapJetIng a~] sectJons) certify under ~alty of lam ~h~t,~ have. pevs~ally ~xa,i. nqd?nd a~ fa~iitae ~tth the tnfor~tt~is~bettt~n t~l a~ all e~ d~u~ts, and that based ~ ,y inquiry of t~se individuals resp~sible io~ obtaining the intor~ti~, I oeileve t~t the suomttteo mrormatl~ ~s true, accurate, eno co~l~. ~,a-~fia-~tttEi~l-Eiila'oT o~er~peracov OR o~er~perator~s ~GER6Fi~'~a~fiE3Ei~i ~EG~i ....................................... oiEa'si~fiaa ............................... PHON~ ~: ~:~//%' - _ ~, DUN AND BRADSTREET NUMBER ':oDe C~ Aec ~t Est ~ics m Site lype Press Teed C~e .. Stor~ in Facility Nt See /nstructi~s ;~ysical and Health Hazard ~k 411 that apply) C.A.S. bhr Ca.ut II NaN & C.A.S. ~ .... Fire Hazard ~d ~eicttvity L--d h]l~ ~--J ~dd~ ~lelse L--d IKlitl Nee i ch o~ Pr~sure H~ Ich >hysfcal and ~ealth Na . zard '--J Fire ~zard L_~ Reactivity ~ J ~ ~ r--~ . C~et 12 NaN & C.A.S. ' ' Heahh of P~sure Health --a Fire Hazard ~--u Reactivity ~--~ Oelay~ ~ ~ ~d~ ~lease ~--J I~late :hysjc4} ~d Health Hazard (Ch~k all that apply) C.A.S. ~er C~t II Na~ & C.A ["-~~---- d Fire Hazard ~ ~ Reactivity ~--~ hla~ ~ ~ ~d~ ~illse ~--a Of Pr~re Health '~,~NCV CON~*US m~ certify under ~elty of lam t~t I ~ve ~rs~lly IXaiA~ ~ e flit I ' Farm d~d lgric~O]ture L__. Stanaard 8usiness ~-~ HAZARDOUS MATERI ALS I NV~NTORY' ~ ~0 I~STRUCTIO~S ~OR PROP~ CODES " -- - ~o~e C~m ~lc ~c Est Un~ts ~ * lyes Press Te~o C~* .. St~ in Facility . %W~ 5re {nscructi~s :hys~ci] and Health Hazard C.A.S. ~lber r~'sical and Health Hazard C.A.S. Number ~hecK all chic 4pi)ly) COol:CflenC II NlM & C.A.S. ~ ..--u Fire flardrd L u Reactivity ~ J ~" :hvs~c~I ~d Health H~zard C.I.S. Nu~ __ (ChKk ill that 4ppJy) ~mt II NIN i C.A.S. Nd~f fledlth od Prusure HedIc~ ~MC 13 NaN & C.A.S. ~ -~ Fire Hazard ~--~ Reactivky ~--~ hlay~ ~_u ~dd~ Release ~--~ I~Jote Hca Ith of Pressure He4 Itn ............ ~ ....................................... rciflc~t~ (~ead and fJKn a~Cer coaple~n~ all sec~Jons) -~ ~Ca~n~flg tho iflfor~t~. I believe c~c (~ submitt~ inforsatJ~ ts true. Kcuraco, ~d C~p~ ~ ~tS. thc bs~ ~ ~ fare and *;ri~ulture ~ Stanaard 8us~ness ~ HA~-A~:U~)GT.1$ MA'~'I~-]:~T A~$ · ~ P~e .... of '~~~~~ ~ ~ ' ___ ,:rT~," z~:~~/~' __ /? _~ AD~.SS: ~'~ ~~~ ~ ST~DA~ ~. C~ASS CODE CITY. ~HONS ~: ~~~'~ -- - PHONE ~: , _ _ ~ZR ~0 ~NS~UCT~ONS ~OR PROP~ CODES ~ 2 ] 4 S i ) I 9 10 I1 12 13 , aris Type Hex Aveeaqe ~ual ~asure I ~l C~C ~t C~c Use L~itt~ N~re t~yc Na~s of Ntxtu~e/Com~cs '~G~e C~oe Aec ~t Est Units m Site Type Press Tr. C~e .. Stored tn flcilicy · he [nsctucti~s .... ...................... 'hVs~cai and Health Hazard · C.A.$. ~ber C~e~t~l 14~ & C.A~. that 4~ly) ~ ............................................ ~ ............. r--~ .: r--~ r--~ r--~ ~t 12 NaN & C.~S. ~aber Fire Hazard L--J Reactivity ~--J h]l~ ~--J ~dd~ hi.se L_j I~tace H. ich of Pressure H~ ich ' ' ~ ...... ~--. · '~ .* bG~c I1 WiN & CJ.S. ~ber ~hysicll ~d Health Hazard * C.A.S. lurer ~mc~l h~ & C.A.S. ~r * (C~,ecx ail c~c apply) ---~ r--~ r--~ r--~ r--~ C~G~t I~ lin & C.A.S. ~lhr .- .--~ Fire Hazard ~--~ Reactivity L~ hlayK L--~ ~d~ Release ~--~ iMK?i~i Heaith of Prflsuro Health - ' --~ :~vsical ~d Health Hazard ' C.A.S. ~a~ __ ~t II Na~ & C.A.S. ~r (~h~k all that apply) --- -- r--~ r--~ r--~ C~t 12 NaN&C.A.S. NuBia ~ Fire'Hazard ~ ~ hactivtty L--~ hlay~ ~--~ ~dd~ Release ~--J Health o~ Prflsure H. It~ ............ ~ ............................................... ..... : ........ ....................... hys~cal ~d Health Hazard CJ.S. hibir ~C I1 NM & CJ.S. (Ch~k all that apply) ; ~ · -~ r-~ r--~ r--~ r--~ ~t I~ N~AC.A.S. '-J Fire Hazard ~--~ Reactivity L--~ hlay~ L--~ ~dd~ Release ~--J Health of Pressure Health ' ..... · ~GE~CY CO~T*CTS St gi~ ~Eli' 21'flFP~i .... , fl~' Tltli ........................ ~i'fl~-p~ ......... ,rtiftci.~ (Read and s~Kn after coepJeflnE aJJ sections) : ' cerTtfy ~der ~alty of .1. ~t,~ bye. pers~lll~ )xaain~.~ ~) f~tltir vlth t~ tnfor~ttm.suhttt~_ -In this ~ all/~ittic~ ~ts, ~ inquffy of t~se individuals res~sible r ootaintng the infantry, i ~.eve t~t t~ SUaltt~ inror~tl~ Is t~e, accurate, ina ~e. ~ t~t hs~ ~ ~ D~E~'ST~RGa ............................... BUSINESS N~ME BROOKSJ ~ES.PLATING ID Nut ZlS-O~-(~OIOBG LOCATION 5Z? E 19TH ST HII HAZARD RATING 3 1, OVERVIEW L~ST CHANGE O?/ZG/88 BY ESTER JURIS CODE ZlS-OOZ JURIS BAKERSFIELD STATION OZ ' MAP PAGE 103 GRiD ZBC FACILITY UNITS 1 HAZARD RATING 3 RESPONSE SUMMARY ZA SEC 4) NO PRIVATE RESPONSE TE~M EMERGENCY CONT~tCTS ZA SEC Z> K L BROOKSHIRE - 3Z3-OBG3 OR 3ZS--Z110 UFi[LiI'Y SHUTOFFS ZA SEC A) GAS - ALLEY B) ELECTRICAL - INSI, DE OF FRONT BUILDING C) WATER - ALLEY D) SPECIAL - NONE E),LOCK BOX - NO 2,, NOTIFICATION / PUBL. IC EVACUATION LAST CHANGE / / BY < NO INFORMATION RECOROEO FOR THIS SECTION > RAGE I 1Z/lB/88 1t;18 MATERIAL SAFETY DATA SYSTEMS. iNC. (805) 648-6800 'BUSINESS Nf~HE BR[)QKSHIRES PLATING II] NUMBER 7t.S-OO4~-O~.,tO9G LOCRTION 5Z'? E 19TH ST HIGH FIf~ZRRO RRTING ~ ~. HAZ MAT TP~qlNING SUHNAR¥ LAST CHANGE < NO [NFORHf~T[ON REC(.)R[.)ED FOR THIS SECTION LOCAL. EMERGENCY MEDICAL ASSISTANCE LAST CHANGE 10111/88 BY ESTER SEC S) NEAREST HUSPITRL. PAGE Z 12/t9/88 11:18 M~TERI~L SAFETY D~T~ SYSTEMS, INC. (80S) 64.8-6800 ~ BUSINESS NAME BROOKS~ pL~TING ID NU~ Z~S~.-OOtOgG LOCATION 527 E 19TH ~T HIG'H HAZARD RATING ~5 FACILITY UNIT 0t R, OVERALL HAZARDOUS ~TERI~S INVENTORY L~ST CI.t~NGE 1~/11/8B BY ESTER ID TYPE N~ME M~X ~Ml' UNIT HAZARD LOC¢)TI ON CONTf~INHENT USE 1 MIXTURE BRASS PLAI'~tNG SOLUTION 81 GAL HIGH NE CORNER OF PLATING RH ~DOVE GROUND T~NKS OTHER ID PERCENT COMPONENTS H~ZRRD LIST 109B,~ ~,0 SO[~];UM CYANIDE (NA(CN>> (EP~) HIGH EP 1~,00 ~,0 COPPER CYANIDE HIGH ZT~ 1,0~ 1 ,~ ZINC CY~-INIDE UNF, NO~.N 2 PURE CHROMIUM PL~I'ING SOLUTION 8~ G~L HIGH ~EST SIDE OF PLATING RM ~BOVE GROUND TANKS OTHER iD .PERCENT COMPONENTS H~RRD LIST 1~G7~ ~,~ CHRO~I.C ~CID, SOL~D HIGH ~ MIXTURE COOPER PLBTING 8~0 GftL HIGH WEST SIDE (JF PL~TI.N[~ RM ADOVE GRQUND T~N~S 07HER ID PERCENT COMPONENTS FIAZ~RD LIST 1G~,~ ~',0 ~OPPER CYANIDE HIGH 1098,0~ 5,0 SOOIUM CYANIDE (NM(ON)> (EP~) HIGH EP ~5G~,~0 ~,~) SODIUM HYDROXIDE, SOLUTION HIGH 4 ~IIXTURE NICKEL PL~I'ING 8~0 GAL MO[)ERRTE ~EST SID~;i OF PLATING RH ~DOVE GROUND T~N~(S OTHER ID PERCENT COMPONENTf5 H~ZRRD LIST 231~,~ ZG,O NICKEL (II) SUI,FRTE MODERATE 2~5.00 $,~ NICKEL CHLORIDE MODERATE 1470,0~ 4,0 1,Z--BUTYLENE. OXY. DE HIGH S PURE HURI~TIC ~CID 11~ GAL HIGH OUTSIDE S OF OFFICE DRU~.S OR BARR NON MET, PL.~TING ID F~ERCENT C~PONENTS HRZRR[] LIST 1078,~. 8~,0 MUR}]RI"IC ~CID HIGH ~ PURE SULFURIC ~CID $5 GAL HIGH OUTSIDE 5 OF OFF'ICE DRUMS OR B~RR NON ME;T, PLATING ID - PERCENT COMPONENTS I.~RZ~RD LIST 107G,~) ~,0 SULFURIC ~qC];D"(EPR> HIGH EP 7 PURE C~USTIC SOD(~ SOLUTION ~0~ G~L HIGH OUTSIDE S OF PLATING RM R~OVE G[~OUNQ I'~Nt([~ CLEANING ~D PERCENT CO~IPONENTS HAZARD LIST 15G~,~¢ 1~,~ S(}DIUH HY~OXT~E, S[~L.UT~ON H];GFI PAGE ~ lZ/I9/88 11:18 MATERI~L. SAFETY D~T~ SYSTEMS, INC, (80G> B4B.~G00~ ~USINESS NRHE BROOKSI~IRES. PLe, TtNG ID. NUHEI..,ER Z lS-OOO-¢O1096 LOCR'FION ~27 E I~TH ST HIGH HRZRRD RRTING FRCI, LtTY UNIT ~I R. OVEI.I~t..L H~ZRROOUS M~TERIRI, S INVENTORY ( ~ CONTINUED * > L~ST C~I(INGE 10/~I/BB BY ESTER ID TYPE NAftE MAX RMT UN[T HAZARD L,OCAT) ON C ONTR 1N~ENT USE 8 PURE SODIUM HYOEOXIDE S~ I. BS HIGH OUI'S)OE S OF OFFICE DRUNS OR B',R~, NON MF, T. CI,ERN)NG '[~] PERCENT COMPONENTS H~'Z~RO LIST g ~tIXTURE L~CQUER 55 G~L EXTREHE OU'FS]:DE S OF OFF1CF DRUMS OR 8~RISI...S !0 PERCENT COHPONENTS Ft~Z~RD LIST I t~,~ 78.~} TOLUENE HiGH IGZS.~ IG.G N~TROCELLULOSE EXTREME 1~ PUD[~ Z],NC CY¢~NtDE S~ LBS UNKNOHN StORaGE RN S OF PLRT~NG DRUNS OR 8~RR NON ~ET. PLRT~NG ZQ PERCENT CQMPQN[]NTS H~IZBRD L. ZST Z711.~ t~.G' ZINC CY~N~OE UNKNOYN 11 PURE SODIUM CYnN~DF 9~ LBS I-f~GN STOR~GE RH SI, J CORNER URUNS OR BARR NON NET. PLRf~NG ]:D PERQEN~ CONPONENTS HRZ'~RD L.~ST 1~98.G~ 1GG.G SODIUM CYaNiDE (N~(CN)) (EP~) H~GH EP 1~ PURE OXYGEN 3~7 FT3 H~GII LG HOO[LE/SM IN OFF~CE PORTHOLE PRESS. CYL, Y~LOJNG/5OLDER~NG E ID PERCENT COHPONENTS HRZRRD LIST ~ 359 ~ GG I ~G~ G 'OXYGEN, COMPF~ESSED 13 PORE RCE~TYLENE 3G~ FI'3 EXTF~ENE' L.G 'MO~ZLE/SM ZN OFF[CE PORFRSLE PI-'~ESS. CYL. YE,,O~NG/SOt..,DER~NG ~D PERCENT' COHPONENTS HRZBRD L~ST' I~4~.~G 1~.~ BCETYLENE EXTRENE PAGE 4. 12/19/8~ 11:18 MRTER!RL SRFETY DRTR SYSTEMS, [NC. (005) QU~iNESS NAHF~. B[~OO. KSt PLATING LOCATION 5Z'7 E IBI'H ST HI6"H I'tAZ,'qRO RATING 8. FIRE PRQTEiCI'ION / WATER SUPPLIES LAST CHf/NGE 10t11/88 BY SEC 4) FIRE Ex'rf. NSUISHERS FOR FIRE PFt.0TECT~ON. SE(; S) FIRE HYDRANT ? EMPLOYEE NOTIFICATION / EVACUATION LAST CH~'INGE 10/11/88 BY ESTER SEC 2 ) v~ . . ~[~QfiL NOTIFICATION ,qND (TALL 9'~! IF ANY SPILLS ENCOUNTERED NOTIFY HAZ MAT OlVISIQN P~GE S lZ/1B/88 11:18 MATERIAL SAFETY DATA SYSTEMS. INC. (80S) G48-G800 ~3USINESS N,-~-I,,:: BRO, O, KSH]',R, ES PLAT1NG !B NU~DF,:R LOCRT,~ON 5Z'~ E 19TH ST HIGH HRZ~1RD'RR'~ING E. MITIGATION / PREVENTION / RB~I'EHENT LAST CFtF)NGE I~/11/88 BY ESTER SEC 1) TANKS LINED WITH KORE SEAL. UNUSEO MATERIAL iN SEALED CONTAINERS. PARIS ARE' SPRAYED AND OR]'P DR~,EO ~E,F'ORE PUTTING THFM INTO THE RINSE T~NK. " · PAGE G 12/19188 11:18 MAI'ERIAL SAFETY D~TA SYSTEMS, %NC, (8~S) B4Q~8880 CITY OF BRgERSFIELE) HAZARDOUS MRTERIAL~ DIVISION TO: [ ] = Kern County Health Depar'~ment [ )~Kern County Rip Polluti,on Conir'ot HM FILE [~"] = Hazardou~ Materials Task Force ' FROM: CITY OF BRKERSFIELD FIRE DEPRRTMENT HRZRRDOUS MATERIALS DIVISION (805) 3Z6-3979 ( ) Hazardous Uas~e - Disposal ( ) illegal Oump Discovered ( > Hazardous Uaste ~ Storage ( ) Illegal l'ran~portation ( ) Uaste 0il - Disposal ( > Underground Tank - No Permit ( ) Uas~e Oil - S$orage ( ) Other ( ) Underground Tank - Illegal Installation ( ) ~LLR~.~FE~Y CON!.BO_LL ( ) Exits ( ) Sprinkler System ( ) Bisle Spacing ( ) StandPipe < )' Hood~ & Range~ ( ) O~her' ( ) Fixed Ext. System(s> Hood and/or Duets See Remark~ See Remarks "WE CARE" FIRE DEPARTMENT D. S. NEEDHAM March 21, 1989 2101 H STREET FIRE CHIEF BAKERSFIELD. 93301 326-3911 Mr. K. Brookshire 527 E. 19th Street Bakersfield, Ca. 93305 Dear Mr. Brookshire The hazardous Materials Division of the Bakersfield City Fire · ..' Department has a goal of assisting local businesses in meeting · Hazardous Materials Regulations. However as an administering ,~ agency we are also required by Law to enforce certain regulations .~ concerning Hazardous Materials. To this end an original inspection ,- was made at your facility "Brookshire Plating, located at 527 E. 19th Street, Bakersfield, Ca. 93305" on June 10, 1988. Several violations were noted in that inspection and as a result a follow up inspection was made on February 2, 1989. The follow up I~ inspection revealed several areas that still required attention and :. a Notice of Violation was issued. This notice covered seven (7) violations and specifically required correction by March 10, 1989. A third inspection conducted on March 16th showed that very little progress had been made to comply. This memo is intended to inform you that failure to correction these deficiencies will result in civil action with liability of up to $5,000 per day. (Per California Health and Safety Code - Chapter 6.95) Specifically the following items must be corrected by Friday April 14th or we do intend to pursue this in court. : 1) Your chemical storage must be properly segregated, ie , acids must not be stored in the same area as your cyanide ~, compounds. -~ 2) ALL Hazardous Materials containers must be properly "~ labeled -- This includes all drums, tanks, bottle, ; buckets or bags. ~ 3) Your Hazardous Materials business plan must be updated to include the inventory of all hazardous materials you have on hand, as well as an emergency response plan including notification procedures and spill prevention, minimization and clean up procedures. Page 2 Brookshires Plating As always we remain willing and anxious to assist you in meeting these requirements. To be certain all items listed in the February 7, NOV must be corrected. The three items listed in this memo, however must be corrected by April 14th to avoid legal action. I.. Sincerely Yours, - Materials Coordinator :~ REH: vp cc: M. Kelly FEBRUARY ?, 1989 DEAR MR. BROOKSHIRE; A RE INSPECTION OF YOUR BUSINESS, BROOKSHIRES PLATING, LOCATED AT 527 E. 19th STREET, BAKERSFIELD, CA 93305 WAS MADE ON FEBRUARY Z. IT WAS APPARENT THAT ALTHOUGH SOME PROGRESS HAD BEEN MADE TO SATISFY THE NOTICE OF VIOLATIONS ISSUED IN JUNE OF 1988, FULL COMPLIANCE WAS NOT ATTAINED. THESE VIOLATIONS ARE SERIOUS AND MUST BE CORRECTED. THIS SECOND NOTICE OF VIOLATION IS INTENDED TO IDENTIFY THE CORRECTIONS THAT MUST BE MADE WITHIN 30 DAYS, (by March 10 1989). FAILURE TO COMPLY MAY RESULT IN CIVIL LIABILITY OF UP TO $5,000 PER DAY OF VIOLATION. THE CHEMICALS USED AT YOUR FACILITY MUST BE PROPERLY STORED IN SAFE NON LEAKING CONTAINERS. PROPERLY SEGREGATED, PRQPERLY LABELED AND STORED IN AREAS WITH PROPER HAZARD IDENTIFICATION. SPECIFICALLY THE FOLLOWING VIOLATIONS MUST BE CORRECTED. 1) SEVERAL CONTAINERS OF HAZARDOUS CHEMICALS WERE LEAKING. THIS MUST BE CORRECTED BY RE-PACKAGING OR DISPOSAL OF THE MATERIAL. VIOLATION OF UFC 80.103(C) Defective containers which permit leakage or spillage shall be disposed of or repaired in accordance with recognized safe Dractices; no spilled material shall be allowed to accumulate on floors or shelves. 2) CHEMICALS IN STORAGE MUST BE PROPERLY SEGREGATED, ACID MUST NOT BE STORED IN THE SAME AREA AS YOUR CYANIDE COMPOUNDS (4} The maximum amount of each haz:~t'dous m~tl.',erial or mixture cont. ainin~ a hazard,~us material disclosed in rmra~ral~h~ (1) , (2) . and hand.ted at. any one tim,, by the busine~<s ~vor course of the year. 2) BL.,:~IP,ESS PLAN DOES NOT RECORD TIIE PROPER LOCATION OF ALL [IAZARDOUS MATERIAhS WITIIIN TIIE FACILITY. VIOLATION OF CALIFORNIA HEALTH AND SAFETY CODE, CtlAPTER 6.95, 2§509(A) The annual inventory form shall include, but shall not be limited to, information on all of the '~i ,~hich are handled in quantities 'equal to or greater than the auantities equal to or greate~ than the fluantities ,-i,; specified in subdivision ga) of Section 25503.5: .-~; Sufficient information on ho,~ and t~here the -.2 hazardous materials disclosed in paragraphs (1), (2}, :, and (3} are handled by the business to allo~ fire, :': safety, health, and other appropriate ~ersonnel to ', urepare adequate emergency responses to potential releases of the hazardous materials. .'i 3) ALL ABOVE GROUND TANKS REQUIRE PROPER LABELS, AS WELL AS, ' TIIE BUILDING OR ROOM REQUIRES A SIGN. " VIOLATION OF UFC 80.111 ':.'- {a) All aboveground storage tanks, pressure vessels {~::: ... and. containers over 100. gallons (~ater capacity) r~e-:manen.tly inst~lled, mounted or affixed and used for " the storage of flammable and combustible li¢luids, "' compressed gases, or hazardous chemicals re~ukated by .... this article, shall be identified in accordance ~eith U.F.C. Standard No. 79-3. -'!? Labels shall conform with U.F.C. Standard No. 79-3 l'~)r size and color and shall be affixed to tank, vessel " or container so as to be conspicuously visible at ali {b) When any tank covoced in this section is housed ~:it. hin a building, the buildin~ shall have the same hazard identification label, in a conspicuous location on the exterior of the building. Ct)N'FAINERS OF MATERIALS NOT PI~OPERLY LABELEI). VIOLATION OF'OSIIA 1910. 1200 I.i; { 1) The chemical manufacturer, J.m~>(~'tev, I'. distributor shall ensure that e~ch container h;~zar({ous chemicals le~vin~ the ~,,orkD_[ac~ ~s f.a~.~ed o~ marked with the follo~in~ information: (i) Identity of the hazardous chemi,.'nl.(s ) . (ii)Appropriate hazard ~arnin~s; and (iii)Name and address of the chemical manufmctu~er, importer, or other responsible (4) Except ms Provided in pmrm~rm~hs (3) ~nd ~he employer shmll ensure that emch container of h~z~rdo,,s chemicals in the ,~orkDlace is labeled, ta.~ed, or marked with the followin~ information: (i)Identity of the hazardous chemic~l(s contained therein; and (ii)Appropriate hazard warnings. (5) The employer may use signs, placards, process sheets, b~tch tickets, oper~tin~ proce~ures, or other such ,~ritten materials in lieu of af~'ixin~ labels in,'livid, ual stationary process containers, as lon~ ms the alternative method identifi,~s the containers to ~hich it is aD[)licable and conveys the information required by paragraph (Z) o~f this section to be on label. The ~'it~.en materials shall be readily accessible to the employees in their work' area throughout each ,~ork shift. {7) The employer shall not remove of deface e:-~J, stlng labels on incomin~ containers of hazardous ,~bemicals, unless the container is immediately marked with the required information. (8) The employer shall ensure thmt labels or of. her forms of warnings are legible, in English, and prominently displayed on the container, or readily available in the work are~ throughout e~ch ~ork shift. Employers ha%'[n~ employees ,d%o spe~k ct:her ].an~ua~es :~,~d the information in their language to '~he mat~,rial ~resented, as lon~ ms the information is presented in ~n~lish as well. 5) .~40 WARNING FOR EXPOSURE TO CHEMICALS KNONN TO CAUSE CANCER. VIOLATION OF CAI,]FORNIA IIE.\LTI! ,\~.!D SAFE'FY CODE CHAPTER 6.6, SECT. Z52'lg.fi Re¢]uired Warnin~ Beforo. Exposure To Ch~m:lca[s Kno~,,n to Cause Cancer Or Reproductive Toxici*.y. No person in the course of doin~ business shall kno,~ln~].y' and ]n~entionalls' expose any individual to a chemical kno~n Lo the state to cause cancer or reproductive toxicity ,.:ithout first giving clear and reasonable ~arning to such individual, except as provided in Section 252'19.10. MATERIAL SAFETY DATA StlEETS NOT AVAILABLE. VIOLATION OF OSHA 1910. 1200 (.g) The employer shall, maintain copies of the required material safety data sheets for each hazardous chemical in the ,~orkDlace, and shall ensure that thes- nr'e readily accessible durin~ each ~ork shift, to ~mDlo.vees when they are in their ~ork area(s) eh)(1) INFORMATION. Employees shall be informed of el)The requirements of this section (ii)Any operations in their ~ork area where hazardous chemicals are present; and, · ' (iii),The location and. availability: of the written hazard communication pro,ram, includin~ th~. required list(s) of hazardous chemicals, and material safety data sheets required by this section. 71 II rGIILY TOXIC MATERIALS NOT PROPERLY STORED OR SEGREGATED IN BACK BUILDING. VIOLATION OF UFC 80. 107 (a) Highly toxic materials shall be se.~re-eatee.( from ot'.h~t~ chemicals and combusti, b[e and f[ammab.[e s~bstances l.~.v storage out of doo~'s or in a room or compartment ~oDarate(! from other areas b.v a one-hour occupancy seDa~'ation constructed ~s sDecifi, ed in the [;ui]din~. "C,,de. The storage room s~ha].l' be provided ~ith adequate (.],:':~ina~e facilities and natural or mechanical. v~'.~l'il, nl.[on to the outsid, e al'.mosuhere s:De(~i.f[e,t in the Hechanical Code. E.YCEPTI(')N: Api)rove~! storage cabinets for ha~rd~,.~ nial.~.rials may b~ u~ed for limited aDpuoved by the chief. 8) PI...VFING TANKS PERMrT SPII,I,AGE, ALSO TIIERE WERE SEVER.II. I.E.%KIIIG ST(>~.\GE DNIIMS OF H.\TERIALS FOX'ND, AND SEVi(EAI. OP UNC:OVERED F'OHT.\[1;ERS OF II.\Z.;RDOIIS MATERIAL PRESENT. VIOI.ATIO,q OF IiFC gO'.'-] 03lC) Def,;ctive conLniners which permit [eakage"or ..spt.['lag,'.: shall be disposed of or repaired in accordat'i~:a with r'eco.qniged safe pr:~ctices; no spilIed material sh~x].[ b~.~ a.[.lowed to ~cclllnulate on floors or shelves. llAZ:\RDOIIS MATEI~IALS (WASTE) IHPROPERLY LEAKING ONTO THE Gl:,OI l?lD. VI~'~LATION OF C11.6.5 OF Tile CALIFORNYA IIE.-kI.TII AND SAFETY CODE SECTION "lc) The disposal of untreated hazardous waste or onto .land without, adequate technical safeguard~ t. hrea[ens not only the qual kty of the state's ]and, ~{~v, and w~tez~ vesourcus, but poses a direct, hazar;~ htealth ~nd ~afety by expo~i, ng the public to lni~car'L-itige~, IIeL'VOIIS dit~ot'cler's, blood disea~e~, damage t.o vital organa and gentes". Il_;) INADEQUATE MEASURES TO MITIGATE TIlE RELEASE OF IIAZ.'..RDOIPS I'IATEP, I.\I.S Fll~}i.'..l PIoATING TANKS OR STORAGE CONTAINERS, VIOLATION OF CAI.IFORNIA tlEALTII AND SAFETY CODE CHAPTER 6.95, 2550-1(B) l';i~tii,lc.== OJal'lS ~JlaJl it'n.'ltld{:: all of the foll(',uil,4: Eu,,ergency response plans and procedures in th,-: h,,.:ar,t,~l~ mat.~:t'ia[, iJic.lIMill~, but. not I imil.,):,t t~, t,l' L. hu fol. lowing: I.,rnv~diatc~ noti'ficat, ion to the rescue llersotllle[ l~ll~.! hhe of'['i~-,,. threatened release to minimize any potential harm or damage to persons, property, or the enviro~ment. Evacuation plans and pronedut'es, i.n~lud immediate notice, for the business site. Th:'. above vio.lations 1, 2, 3, I, 5, must be corrected by ,;,~?~.'.: Z8, 11188. Violations 6, 7, 8, 9, 10 must be corrected by Ju.ly 14, 1988. The de;.,'artment ~¢ill schedule a ['e-inspection of vot,~ facility to verify compliance. If you have any questions re~arding this notice, please contact Ralph IIuey at 326-3979. AOUTELY HAZAROOUS MATERIALS REGISTRATION AND RISK M6NAGEMENT AND PREVENTION PROGRAM CHEOK LIST 2. ~.H.M. RECEIVEO ~. R.M.P.P. REQUESTED 4. R.M.P.P. REVIEWED S. R.M.P.P. APPROVED G~ R.M.P.P, INSPEOTION OOMMENTS:,.,. .... BUSINESS N~ME I.D. NUMBER CITY of BAKERSFIELD "WE CARE" FIRE DEPARTMENT 2101 H STREET D. S. NEEDHAM BAKERSFIELD, 93301 FIRE CHIEF 326-3911 April 12, 1989 Brookshires Plating 527 E. 19th Street .... ~:*' '"~ "" '? B'ake r s f i e'I'~l';" ca'.:'''' '"' '9 3 3'0 2" ' '.'~' ~ ' ' ........ "'"'" '-" ' ' ' '? ...... . .......... ' ................... ' ........ -'. :': ............... '-~ ....... '~" ..... ' ...... " Dear Mr. Brookshire: The enclosed ".Acutely Hazardous Materials Registration Form" must be comoleted by any business, handling above the minimum reoorting Quantity of any material on the EPA list of Extremely Hazardous Substances. ( Fed. Register Vol. 52, No 77, P. 13397 ) . Your company has reported handling the following Acutely Hazardous Materials: 'SODIUM CYANIDE SULFURIC ACID Please return the completed Acutely Hazardous Materials Registration Form to: Bakersfield City Fire Department Hazardous Materials Division 2130 G STreet Bakersfield, Ca. 93301 If you have any Questions regarding this form please call Duane Meadows or Ralph Huey at 326-3979. Hazardous Material Planning Technician DJM/ed AHMEEG. FOR. ' RE'CE'~v6o HAZ. MA 7'. D!V. .'. MAIL TO: Kern County Fire Oepartmer.,,t :.. j Hazardous Materials Control Unit .".'.:'.~. 5642 Victor. Street, Bakersfield, CA 93308 J~.IN 24 ~7 '* I certify, under penalty of perjury, that I have read the informat~);~eg~OtJ: Chapter " Cji' 6.95 of the Health and Safety Code, and that my *business is exempt from these . ' requirements. I understand that random checks may be con.duc,ted .to.insure exemption " .. My business is exempt because - - I do no The quant~y of~LZal~d°us mate/k{als used are ~ PRINTED NAME TITLE PHONE ' SIGNATURE (IN FULL) March 21, 1989 Mr. K. Brookshire 527 E. 19th Street Bakersfield, Ca. 93305 Dear Mr. Brookshire The hazardous Materials Division of the Bakersfield City Fire Department has a goal of assisting local businesses in meeting Hazardous Materials Regulations. However as an administering agency we are also required by Law to enforce certain regulations concerning Hazardous Materials. To this end an original inspection was made at your facility "Brookshire Plating, located at 527 E. 19th Street, Bakersfield, Ca. 93305" on June 10, 1988. Several violations were noted in that inspection and as a result a follow up inspection was made on February 2, 1989. The follow up inspection revealed several areas that still required attention and a Notice of Violation was issued. This notice covered seven (7) violations and specifically required correction by March 10, 1989. A third inspection conducted on March 16th showed that very little progress had been made to comply. This memo is intended to inform you that failure to correction these defici'encies will result in civil action with liability of up to $5,000 per day. (Per California Health and Safety Code - Chapter 6.95) Specifically the following items must be corrected by Friday April 14th or we do intend to pursue this in court. 1) Your chemical storage must be properly segregated, ie acids must not be stored in the same area as your cyanide compounds. 2) ALL Hazardous Materials containers must be properly labeled -- This includes all drums, tanks, bottle, buckets or bags. 3) Your Hazardous Materials business plan must be updated to include the inventory of all hazardous materials you have on hand, as well as an emergency response plan including notification procedures and spill prevention, minimization and Clean up procedures. Page 2 Brookshires Plating As always we remain willing and anxious to assist you in meeting these requirements. To be certain all items listed in the February 7, NOV must be corrected. The three items listed in this memo, however must be corrected by April 14th to avoid legal action. Sincerely Yours, Ralph E. Huey Hazardous Materials Coordinator REH:vD cc: M. Kelly CITY of BAKERSFIELD FIRE DEPARTMENT D. S. NEEDHAM 2101 H STREET FIRE CHIEF BAKERSFIELD, 93301 326-3911 March 21, 1989 Mr. K. Brookshire 527 E. 19th Street Bakersfield, Ca. 93305 Dear Mr. Brookshire The hazardous Materials Division of the Bakersfield City Fire Department has a goal of assisting local businesses in meeting Hazardous Materials Regulations. However as an administering agency we are also required by Law to enforce certain regulations concerning Hazardous Materials. 'To this end an original inspection was made at your facility "Brookshire Plating, located at 527 E. 19th Street, Bakersfield, Ca. 93305" on June 10, 1988. Several violations were noted in that inspection and as a result a follow up inspection was made on February 2, 1989. The follow inspection revealed several areas that still required attention and a Notice of Violation was issued. This notice covered seven (?) violations and specifically required correction by March 10, 1989. A third inspection conducted on March 16th showed that very little progress had been made to comply. This memo is intended to inform you that failure to correction these deficiencies will result in civil action with liability of up to $5,000 per day. (Per California Health and Safety Code - Chapter 6.95) Specifically the following items must be corrected by Friday April 14th or we do intend to pursue this in court. 1) Your chemical storage must be properly 'segregated, ie acids must not be stored in the same area as your cyanide compounds. 2) ALL Hazardous Materials containers must be properly labeled -- This includes all drums, tanks bottle buckets or bags. ' 3) Your Hazardous Materials business plan must be updated to include the inventory of all hazardous materials you have on hand, as well as an emergency resoonse plan including notification procedures and spill prevention, minimization and clean up procedures. Page 2 Brookshires Plating As always we remain willing and anxious to assist you in meetin~ these requirements. To be certain all items listed in the February 7, NOV must be corrected. The three items listed in this memo, however must be corrected by April 14th to avoid legal action. Sincerely Yours, Ralph E. Huey Hazardous.Materials Coordinator REH:vp cc: M. Kelly FEBRUARY ?, DEAR MR. BROOKSHIRE: A RE INSP.CTzON OF YOUR BUSINESS, BROOKSHIRES PLATING, - . '~ 93305 WAS ~ADE LOCATED AT 027 E 19th STREET, BAKERSFIELD, ON FEBRUARY 2. IT WAS APPARENT THAT ALTHOUGH SOME PROGRESS HAD BEEN MADE TO SATISFY THE NOTICE OF VIOLATIONS ISSUED IN JUNE OF 1988, FULL COMPLIANCE WAS NOT ATTAINED. THESE VIOLATIONS ARE SERIOUS AND MUST BE CORRECTED. THIS SECOND NOTIC2 OF VIOLATION IS INTENDED TO IDENTIFY THE CORRECTIONS THAT MUST BE MADE WITHIN 30 DAYS, (by March 10 1989). FAILURE TO COMPLY MAY RESULT IN CIVIL LIABILITY OF UP TO $5,000 PER DAY OF tIOLA~ION. THE CIiEMICALS USED AT YOUR FACILITY MUST BE PROPERLY STORED IN SAFE >iON mE.~k~:~G CONTAINERS. PROPERLY SEGREGATED, ='~ ..... ~ ..... = ........ ~,~D~.., AREAS WITu, .. PROPER HAZARD IDENTIFIn~YON SPECIFICALLY THE FOLLOWING "~ '~ " ........ I,.~L.~l :ONS MUST BE CORXECTED. 1) SEVERAL CONTAINERS OF HAZARDOUS ~H~HICALS WERE LEAKING THIS MUS~ BE CORRECTED BY RE-~AC,~AG~NG OR DISPOSAL OF THE ~IATER I AL. VIOLATION OF UFC 80. 103(C) ~efective containers ~¢hich permit leakage or sni!la~e shai~ be disposed of or 'reDa4~ - ac,~r~an~,_ :' w~th uecoo~nized safe -~ractices: no s]~illed material shall be allowed to accumulate on floors or shelves. , ~_OL.~.~_ ~0., UFC,~,(.,. i07 :a) [[i~hiN to:{IC ma'teria~s snail oe seqre~a~ee ~'rom o'Lher chemic~is and oom0ustibie and ['l~zmmabie substances [}y st~orage ouz of doors or in a room or comoarr~menz separated from o-thor ereas by a one-hour occu'DancN separation constructed as sDecified in the 3uildins Code. The ~torage room shall be ]}rovided with ~dec~ua~e drainage ~ac_l'i ties anG na~urai or mechanical ventilation to the outside atmosphere constructed as ~eecifiee in the Hechanical Code. EXCEPTION: ApDroved storage cabinets for hazardous materials may be used for limited amounts aDDroved by the chief. (b) Legible warning signs and Dlacards statin~ the nature and location of the highly toxic materials shall be Dosted ~t ell entrances to arees where such materials are stored or used. S} YOUR CHKMICAL STORAG~ ARKA MUST B~ PROPERLY IDKNTIPI~D. VIOLATION OF UPC 80.103(F) Visible h~zard identification signs as sDecified in u.F.c. Stendard No. 79-S shell be lolaced at all entrances to and in locations where hazardous ma~eriais are stored, handled or used in quantities ~e~uirin~ permit. ~ 4) ALL CONTAINERS OF HAZARDOUS MATERIALS MUST B~ PROPERLY ~ LABeLeD. THIS INCLUDES STORAG~ DRUMS, BOTTLES, TANKS, BUCKKTS OR BAGS.----ALL CONTAINERS HUST B~ LABeLeD. ' VIOLATION OF OSHA 1910.1200 { i} 'Fh~ chemical manufacturer~ imDorter, or distributor shall ensure that e~ch container of hazardous chemicals leaving the work~}lace t. o.o.e~ ....... or marked with the foilowin.{ information: (i)Identit5~ of the hazardous chemical(s} . (ii)ADDroDriste ~az~rd wernings, and (iii)Name and address of the chemical manufacturer, importer, or other responsible D~Ft3-. (4) ~xceDt as -orovicled in ¢ara.~raDhs the emuloyer shall ensure that each con-v~ainer hazardous chemicals in the ~ork~iace is labeled, ~aggec_, or marked with ~ fo~ iowin~ information ~ '~ ) Ic[ent-~ ~v of the .hazardous :~hemical contel:ced therein; cna ', ~1 ~.i]3DrO0~' llaZ~F~l warnip.~js . {6 The emDlo}~er may use sisns, i}iacards, orocess sheets batch T.~u~ets, operating . ~ ' -~ ' , Dro~hI,~ ~ OF her such written ma%eriais ~n lieu of ~'i:,:i labels individual -~=~a%' ionarv, orocess containers, ~s ion{ as the alternative method identifies the containers %o which it is aDDiicabie end conveNs the information reGuired Paragraph {2) of this section to be on label. The written materials shall be readilN accessible to the emDiowees in their work area throughout each work shift. (?} The employer shall not remove of deface existing labels on incomin~ containers of hazardous chemicals, unless the container is immediately marked with the required information. (8) The employer shall ensure that labels or other forms of warnings ape legible, in English, and DPominently displayed on the container, or readily available in the work area throughout each work shift. Employers having employees who speak otheP languages may add the informs%ion in their language to the ma~eriai presented, as lon~ as the informs%ion is presented in English as well. 6) MATERIAL SAFETY DATA SHEETS FOR ALL OF YOUR HAZARDOUS ~ , ~.T MATERIALS MUST BE MAINTAIn,ED ON SITE. VIOLATION OF OSHA t9i0.1200(G) {9) Material safety., data sheets may., be ~eou'- - in any form, includin~ ooeratin.{ procedures, and may be designed to cover ~rouos of hazardous chemicals in work ~.~ ~,h~-~ i ~ may be more aPPropriate to acdress the hazards of a ~)rocess rather than individual hazardous chemicals. However, the employer, shai~'~ ensure that in all cases the required ini'orma%ion is provided for each hazardous chemical and is read. i~-- , - ~.:. ~ccessible during each work shift to emDiovees, when ~tne,~,- are in their work area(s) . VIOLATION OF OSHa (6) Chemical manufacturers or importers shall ensure that distributors an~ manufac~ ~ ,~ur zn~ nurchasers of hazardous chemicals :are provided an aDDroDriaLe material caf e'er data she .... .. _e~ with their inztiai shi'oment, and with the first shipment after a material safetM data sheee~ is uodatea. The chemical manufacturer 'sha~ i =-~ ~he. nrovide .... , ..... '~ "' ma,.e~iai .sa~e~,v data sheets :~ith the ~hi Deed .... ~ ,_,~n~a~.. _,-s oz' send them to ,.~h,~_ manufacr, urin~ ourcnas~r Driou to or at the r. ime off tine '~.hinmenz. ,.,ne ~nacerial safety da~a silee% is not Drovidec[ w~n e shipment, the manufacturing purchaser shall obtain one from t.he chemical manufac~, ~ , ~ur,~r [reporter, or dis'~ribu~o'r es r~oon as possible. (h) Employee in~'ormation and training. ZmDioyers shall provide amD!crees with information and training on hazardous chemicals in their work area a~ ~he time of . their initial assignment, and whenever a new hazard is introduced into their work area. 6) ALL HAZARDOUS MATERIALS WITH eUANTITIES ABOVE THE >IlNIMUM REPORTING eUANTITIES HUST BE REPORTED ON YOUR HAZARDOUS MATERIALS BUSINESS PLAN VIOLATION OF {iH. 8.e6 CALIFORNIA HEALTH & SAFETY CODE 25609(A)(i-4) The annual inventory form shall include, but shall not be limited to, information on all of the following which are handled in Guantities eGual to or greater than y . the Guantities specified in subdivision (a) of Section 25503.5: (1) A listing of the chemical name and common · names of every hazardous :substance or chemical product handled by the business. (2) The category of waste, including the general chemical and mineral comoosition of the waste listed by probable maximum and minimum concentrations, of every hazardous waste handled by the business. (3) A listing of the chemical name and common names of every other hazardous material or mixture ~ ~,~ ..... us material handled by 5he business which is not otherwise listed pursuant to paragraeh (i) or (2). (4) The maximum amount of each hazardous material or mixture containing a hazardous material disclosed in paragraphs (1), (2), and (Z) which is handled at any one time by the business over the course of the year. ,~,AL~i~ORi, IA HE~L~H AND SAFETY ~ , Tn- ~=-09(A) CODE, u, HAP~mR 6.95, ~0 ~ The annual inventory form 'shall include, but shall not be Limited to, ini'ormation on all of the following which afc handled in auantities e~uai to or ,~ueater than ,_I~ auant' es eauai to or .%'re~'aer 2h~n the quantities Sufficient information on how and ~here the hazardous ma%eriais .iisclose~ in paragraphs ~1), (Z ~ and (~) are handlem by the business to allow fire, safets-, health, and other appropriate Dersonne! to prepare adequate emerqency responses to potential releases of the hazardous materials. 7) YOUR BUSINESS ~LAN MUST CONTAIN AN EMERGENCY RESPONSE PLAN AND PROCEDURE FOR MITIGATION OF CHEMICAL RELEASES. VIOLATION OF CALIFORNIA HEALTH AND SAFETY CODE CHAPTER $.95, 2~804(B) Business plans shall include all of the following: Emergency response Dians and procedures in the event of a reportable or threatened release of a hazardous material, including, but not limited to, all of the following: (1) Immediate notification to the administering agency and to appropriate local emergency rescue personnel and the office. (2) Procedures for the mitigation of a release or threatened release to minimize any potential harm or damage to persons, property, or the environment. (~) Evacuation plans and procedures, including immediate notice, for the business site. AS WE HAVE STATED IN THE PAST OUR OFFICE iS AVAILABLE TO ASSIST YOU IN MEETING THESE REQUIREMENTS---BUT---THESE VIOLATIONS MUST BE CORRECTED. The department will schedule a re-inspection of your facility to verify compliance. If you have any questions regarding this notice, please contact Ralph Huey at 326-3979. Sincerely, Ralph w Huey Hazardous Materials Coordinator FEBRUARY 7, 1989 DEAR MR. BROOKSHIRE; A RE INSPECTION OF YOUR BUSINESS, BROOKSHIRES PLATING, LOCATED AT 527 E. 19th STREET, BAKERSFIELD, CA 93305 WAS MADE ON FEBRUARY 2. IT WAS APPARENT THAT ALTHOUGH SOME PROGRESS HAD BEEN MADE TO SATISFY THE NOTICE OF VIOLATIONS ISSUED IN JUNE OF 1988, FULL COMPLIANCE WAS NOT ATTAINED. THESE VIOLATIONS ARE SERIOUS AND MUST BE CORRECTED. THIS SECOND NOTICE OF VIOLATION IS INTENDED TO IDENTIFY THE CORRECTIONS THAT MUST BE MADE WITHIN 30 DAYS, (by March 10 1989). FAILURE TO COMPLY MAY RESULT IN CIVIL LIABILITY OF UP TO $5,000 PER DAY OF VIOLATION. THE CHEMICALS USED AT YOUR FACILITY MUST BE PROPERLY STORED IN SAFE NON LEAKING CONTAINERS. PROPERLY SEGREGATED, PROPERLY LABELED AND STORED IN AREAS WITH PROPER HAZARD IDENTIFICATION. SPECIFICALLY THE FOLLOWING VIOLATIONS MUST BE CORRECTED. 1) SEVERAL CONTAINERS OF HAZARDOUS CHEMICALS WERE LEAKING. THIS MUST BE CORRECTED BY RE-PACKAGING OR DISPOSAL OF THE MATERIAL. VIOLATION OF UFC 80.103(C) Defective containers which Dermit leakage or sDillage shall be disDosed of or repaired in accordance with recognized safe practices; no spilled material shall be allowed to accumulate on floors or shelves. 2) CHEMICALS IN STORAGE MUST BE PROPERLY SEGREGATED, ACID MUST NOT BE STORED IN THE SAME AREA AS YOUR CYANIDE COMPOUNDS VIOLATION OF UFC 80.107 (al Highly toxic materials shall be segregated from other chemicals and combustible and flammable substances by storage out of doors or in a room or compartment separated from other areas by a one-hour occupancy separation constructed as specified in the Building Code. The storage room shall be provided with adequate drainage facilities and natural or mechanical ventilation to the outside atmosphere constructed as specified in the Mechanical Code. EXCEPTION: Approved storage cabinets for hazardous materials may be used for limited amounts approved by the chief. lb) Legible warning signs and placards stating the nature and location of the highly toxic materials shall be posted at all entrances to areas where such materials are stored or used. 31 YOUR CHEMICAL STORAGE AREA MUST BE PROPERLY IDENTIFIED. VIOLATION OF UFC 80.103(F) Visible hazard identification signs as specified in U.F.C. Standard No. 79-3 shall be placed at all entrances to and in locations where hazardous materials are stored, handled or used in quantities requiring a permit. 4/ ALL CONTAINERS OF HAZARDOUS MATERIALS MUST BE PROPERLY LABELED. THIS INCLUDES STORAGE DRUMS, BOTTLES, TANKS, BUCKETS OR BAGS.----ALL CONTAINERS MUST BE LABELED. VIOLATION OF OSHA 1910.1200 (1) The chemical manufacturer, importer, or distributor shall ensure that each container of hazardous chemicals leaving the workplace is labeled, tagged or marked with the following information: (i)Identity of the hazardous chemical(s). (ii)Appropriate hazard warnings; and (iii)Name and address of the chemical manufacturer, importer, or other responsible party. (4) Except as provided in paragraphs (3) and (4) the employer shall ensure that each container of hazardous chemicals in the workplace is labeled, tagged, or marked with the following information: (i)Identity of the hazardous chemical(s/ contained therein; and (ii)Appropriate hazard warnings. (5) The employer may use signs, placards, process sheets, batch tickets, operating procedures, or other such written materials in lieu of affixing labels to individual stationary process containers, as long as the alternative method identifies the containers to which it is applicable and conveys the information required by paragraph (2) of this section to be on label. The written materials shall be readily accessible to the employees in their work area throughout each work shift. (7) The employer shall not remove of deface existing labels on incoming containers of hazardous chemicals, unless the container is immediately marked with the required information. (8) The employer shall ensure that labels or other forms of warnings are legible, in English, and prominently displayed on the container, or readily available in the work area throughout each work shift. Employers having employees who speak other languages may add the information in their language to the material presented, as long as the information is presented in English as well. 5) MATERIAL SAFETY DATA SHEETS FOR ALL OF YOUR HAZARDOUS MATERIALS MUST BE MAINTAINED ON SITE. VIOLATION OF OSHA 1910.1200(G) (9) Material safety data sheets may be kept in any form, including operating procedures, and may be designed to cover groups of hazardous chemicals in a work area where it may be more appropriate to address the hazards of a process rather than individual hazardous chemicals. However, the employer shall ensure that in all cases the required information is provided for each hazardous chemical, and is readily accessible during each work shift to employees when they are in their work area(s). VIOLATION OF OSHA 1910.1200(H) (6) Chemical manufacturers or importers shall ensure that distributors and manufacturing purchasers of hazardous chemicals are provided an appropriate material safety data sheet with their initial shipment, and with the first shipment after a material safety data sheet is updated. The chemical manufacturer or importer shall either provide material safety data sheets with the shipped containers or send them to the manufacturing purchaser prior to or at the time of the shipment. If DEPARTMENT OF P/JBL' C WORKS 3' a'r0.1 a'py l',Ir-. N. L. B'~ooksNipe Br.,z,o P. sh i 'ce ~ s g' 1 at :i r~ [I ~ - 527 E. 19th Re: Semialq',~ual Ftepo'rt Dear. Iqr.. Bmookshir. e: A'n e'Ff'o'rt was made o'r~ 122-2B-8~ by We'r~-Shi Cheur~g of this office $o ~emi'nd you of you'c '~epc, i~tir~[l 'r. equir-erne'r~ts as sper]ified ir~ you'p was~ewat~~ disc. hat. ge per'mit No, ~-B~q-O00~. As of' this da'be~ have mot 'ce~eived aro' labc,~ato'cy a'r~alysis of you~~ wastewate'p. A~c.o'pdin[] to ~0 CFR (Code cry Fede'nal ~e~ulatior~)~ Par'~ 403. 1~. (e) (i) ~ Cate[]o'pical Ir~dust~ies (such as Elec. t~oplate~s) ape r-equir, ed to ~ubmi'b ~emiar~r~ual ~epo'pts to thru c. or~tr, ol autho'pi'by (City of Bake'rsfield). ' if you have r~c,t completed you~ samplir~ pequi'pemer~t upor~ 'pec~ipt of this lette'p, you should sample you'p wastewate'p immediately acc. o'pdi.'c~[l to p'popep samplir~g p'pocedu~es, The samples should be ar~alyzed '~o'~ cor, s'bi'tuer~ts l i~ted i'r~ you'p wastewate'p discha'p~ per-mit by a c. er-'gified labor, ato'py. If you do r~ot submit you'c ~epo?t withir~ 'ffo'pty-'ffive (z}5) days 'this date~ errFo'p~emerct attic, r, will be taker~ includir~ publicatior~ of the violatior~ ir~ accc,~dar~ce with Fede'pal Regular ior~s. I'F you have arO' questior~s 'pega~dir,~ the above~ please cor~tac, t We'n-Shi Cheur~ at ?.:).: Ve'r'y 'tr-uly your's~ E.W. SCHULZ Public. Wo'nks By: Cha'cle~ J. Tu'cr~er. WSC / kmm the material safety data sheet is not provided with the shipment, the manufacturing purchaser shall obtain one from the chemical manufacturer, importer, or distributor as soon as possible. (h) Employee information and training. Employers 'i' shall provide employees with information and training on hazardous chemicals in their work area at the time of their initial assignment, and whenever a new hazard is introduced into their work area. 6) ALL HAZARDOUS MATERIALS WITH QUANTITIES ABOVE THE MINIMUM REPORTING QUANTITIES MUST BE REPORTED ON YOUR HAZARDOUS MATERIALS BUSINESS PLAN VIOLATION OF CH. 6.96 CALIFORNIA HEALTH & SAFETY CODE 25509(A)(1-4) The annual inventory form shall include, but shall not be limited to, information on all of the following which are handled in quantities equal to or greater than the quantities specified in subdivision (a) of Section 25503.5: (1) A listing of the chemical name and common names of every hazardous substance or chemical product handled by the business. (2) The category of waste, including the general chemical and mineral composition of the waste listed by probable maximum and minimum concentrations, of every hazardous waste handled by the business. (3) A listing of the chemical name and common names of every other hazardous material or mixture containing a hazardous material handled by the business which is not otherwise listed pursuant to paragraph (1) or (2). (4) The maximum amount of each hazardous material or mixture containing a hazardous material disclosed in paragraphs (1), (2), and (3) which is handled at any one time by the business over the course of the year. VIOLATION OF CALIFORNIA HEALTH AND SAFETY CODE, CHAPTER 6.95, 25509(A) The annual inventory form shall include, but shall n~t be limited to, information on all of the following which are handled in quantities equal to or greater than the quantities equal to or greater than the quantities specified in subdivision (a) of Section 25503.5: Sufficient information on how and where the hazardous materials disclosed in paragraphs (1), (2), and (3) are handled by the business to allow fire, safety, health, and other appropriate personnel to prepare adequate emergency responses to potential releases of the hazardous materials. 7) YOUR BUSINESS PLAN MUST CONTAIN AN EMERGENCY RESPONSE PLAN AND PROCEDURE FOR MITIGATION OF CHEMICAL RELEASES. VIOLATION OF CALIFORNIA HEALTH AND SAFETY CODE CHAPTER 6.95, 25504(B) Business plans shall include all of the following: Emergency response plans and procedures in the event of a reportable or threatened release of a hazardous material, including, but not limited to, all of the following: (1) Immediate notification to the administering agency and to appropriate local emergency rescue personnel and the office. (2) Procedures for the mitigation of a release or threatened release to minimize any potential harm or damage to persons, property, or the environment. (3) Evacuation plans and procedures, including immediate notice, for the business site. AS WE HAVE STATED IN THE PAST OUR OFFICE IS AVAILABLE TO ASSIST YOU IN MEETING THESE REQUIREMENTS---BUT---THESE VIOLATIONS MUST BE CORRECTED. The department will schedule a re-inspection of your facility to verify compliance. If you have any questions regarding this notice, please contact Ralph Huey at 326-3979. Sincerely, Ralph E.Huey Hazardous Materials Coordinator Ci~ ..,of Bakersfiegd T~A~SM~AL SUP' For Your:w [] Signature I-1 Action i~lnformation 1'-) FileI Please' , I .[] Re~rn [] See AAe [] Follow Up [] Prepare AnsweK DEPARTMENT OF PUBLIC WORKS 1501 Truxtun Avenue Bakersfield, California 93301 (805) 326-3724 DALE HAWLEY, Manager July 18, 1988 Mr. K.L. Brookshire Brc.z, kshire's Plating 52'7 E. 19th St. Bakersfield, CA 9J~.Jo RE: COMPLIANCE MONITORING Dear Mr. Brookshire: A compliar~ce n~or~itorir~g of your facility as required by Federal Regulat ior~ was cor~ducted c,r~ 6-8-88 through 6-10-88. Er~closed is a copy of the lab analyses (Zalco Laboratories, ~3-1 ~, Ir~c., Lab No. 1 .... '~'" & '~ submitted 6-10-88). Upc, n review of the lab report it has been determined that your facility is ir~ violatior~ with the City's Wastewater Discharge Permit No. 2-BK-0002 for the followir~g con'~pour~ds: Clnrc, rnium (tc, tal) 3.3 rog/1 1.0 rng/1 Hexavalerrb Chrorniun~ 3. 2 rog/1 0. 6 rog/1 You are also in violatior~ c,f Part C, No. 4 of the Report ir~g Requiremer~ts ir~ your discharge permit which explair~s ir~dustrial user- semiar~nual r'eporting. Tlnis provisic, r~ is also a vic, latior~ of the 40CFR (Code of Federal Regulatic, r~s) 403. 12 (e). Please make efforts to cc, rrect these violatior~s. Additior~al m.z,r~itorir~g of your facility will be required until compliar~ce is vemified. Should you have ar~y questior~s'regarding this matter' please cor~tact Wer~-Shi Cheur~g or Pamela Mar~tor~ at 326-3238. Very truly yours, E.W. Schulz Public Works Manager Charles J. ~r Wast ewat er Super i r~t er, der, t P J M Eric i osur~ 11--~ .Z,a&_C;.O L_A'xF-~O~/~ZI-OIZ~i~, II'-dC. Analytical Consulting Sepvices City of' Bakersfield Laboratory No: 15259-1 4101 Truxtun Avenue Date Received: 6-10-88 Bakersfield, CA 93309 Date Reported: 6-27-88 Date Corrected: 7-1-88 Attention: Wen-Shi Cheung Sample: Water Sample Description: Brooks~ Plating Water Sample from Final Sump Sampled on 6-10-88 at 9:45am (grab) pH 6.79 Total (k~/anic Halides, rog/1 <0.08 Detection Level = 0.05 mg/1 Cadmitgu, Cd <0.01 Chromi~, Cr 3.3 Copper, Cu 0.47 Lead, ?b <0.05 Nickel, Ni 1.6 zinc, Zn 0.15 Hexave.lent Cllrc~um, Ct+6 3.2 Laboratory Director 4309 Armour Avenue Bakersfield, California 93308 [805] 395-0539 Analytical & Consulting Seevioes City of Bakersfield Laboratory No: 15259-1 4101 9.kluctun 'Avenue Date Received: 6-10-88 Bakersfield, CA 93309 Date Reported: 6-27-88 Attention: Wen-Shi Cheung SamplE;: Water Sample: Description: Brookshire Plating Water Sample from Final Sump Sampled on 6-10-88 at 9:45am (grab) Total ]~=tals m~/1 Cadmium, Od <0.01 Chrcmnilum, Cr 3.3 Copper, Cu 0.47 I~ad, ]Pb <0.05 Nickel, Ni 1.6 Zinc, :~.n 0.15 Hexave/[ent Chromium, Cr+6 3.2 / Jim Etherton, Laboratory Director .4309 Armour Avenue Bakersfield, California 93308 [805] 395-0539 _. LU_U L,z~BORA-]-ORIES IINIC. Analycical ~, Consulting Services City of Bakersfield Laboratory No: 15259-2 4101 Truxtun Avenue Date Received: 6-10-88 Bakersfield, CA 93309 Date Reported: 6-27-88 Attention: Wen-Shi Cheung Sample: Water Sample Description: 2A Sample from Final Sump - 2B Rinse Tank Run Off Sampled on 6-10-88 at 12:00 am (grab) Total Cyanide Amenable to Cyanide, fN (~llorination, (~ 2A 0.15 <0.04 2B 1.8 1.8 !ahoratory Director ~/dg ~ 430E) Armour Avenue Bakersfield, 0alifornia E)3308 ~ [805] 395-0539 VERTFICATION OF INVENTORY ~I~ON OF ~S AV~~ VERIFICATION OF ABATEMENT SUPPLIES & PROf~UR~ ~--~ C0~TAXN~S PROPERLY ZABELED ~-~ VERIFI~ OF I~MI~-~TY D~ SPECL~L ~tZARDS ASSOCIATED WITH ~IS VIO~S: BUSINESS NAME BROOKSHIRES ,LATING ID NtL~'ffBER,< 215-000-001096 LOCATION 527 E 19TH ST HIGH HAZARD RATING 3 J~ o OVERALL HAZARDO~JS MATERIALS INVENTORY LAST CHANGE 06/08/88 BY ESTER ID TYPE NAME MAX AMT UNIT HAZARD LOCATION CONTAINMENT USE 1 MIXTURE BRASS PLATING SOLUTION 81 GAL HIGH NE CORNER OF PLATING RM ABOVE GROUND TANKS OTHER ID PERCENT COMPONENTS HAZARD LISTS 1098.00 7.0 SODIUM CYANIDE HIGH EPA 1630.00 3.0 COPPER CYANIDE HIGH 2711.00 1.0 ZINC CYANIDE UNKNOWN 2 PURE CHROMIUM PLATING SOLUTION 800 GAL HIGH WEST SIDE OF PLATING RM ABOVE GROUND TANKS OTHER ID PERCENT COMPONENTS HAZARD LISTS 1067.00 1.0 CHROMIC ACID, SOLID HIGH 3 MIXTURE COOPER PLATING 800 GAL HIGH WEST SIDE OF PLATING RM ABOVE GROUND TANKS OTHER ID PERCENT COMPONENTS HAZARD LISTS 1630.00 3.0 COPPER CYANIDE HIGH 1098.00 3.0 SODIUM CYANIDE HIGH EPA 1560.00 3.0 SODIUM HYDROXIDE, SOLUTION HIGH 4 MIXTURE NICKEL PLATING 800 GAL MODERATE WEST SIDE OF PLATING RM ABOVE GROUND TANKS OTHER ID PERCENT COMPONENTS HAZARD LISTS 2310.00 25.0 NICKEL (II) SULFATE MODERATE 2305°00 5.0 NICKEL CHLORIDE MODERATE 1470.00 4.0 BORIC ACID UNKNOWN PAGE 1 06/09/88 08:~9 MATERIAL SAFETY DATA SYSTEMS, INC. (805) 648-6800 WASTEWATER DISCHARGE PEi:~lVlIT City of Bakersfield Public Works Department- Wastewater'Division Permit Number: 2-BK-0002 PERMITTEE ~UST READ THIS MAMIA~ IN ITS ENTIRETY Business Name: Brookshire's Plating ' N/A Surcharge Acct. Facility Address: 527 E. 19th St. Bakersfield CA 93305 Mailing Address: 527 E. 19th St. Bakersfield CA 93305 The above Industrial User (IU) is hereby authorized to discharge industrial wastewater to the City of Bakersfield sewer system subject to said permittee's compliance with the City's Municipal Code Chapter 14.12, any applicable provisions of Federal or State law or regulation and the terms and conditions set forth herein. This permit is granted in accordance with the Application filed with the City of Bakersfield on July 22, 1987, and in conformity with plans, specifications and other data submitted to the City in support of the above application. Effective Date: January 16, 1988 Expiration Date: December 31, 1988 Charles J. Turner Date Wastewater Superintendent ApproVed by: ~ . ,_,~. . ; _ ! _~ E. W. Schulz (\ Date .Acting Public Works Manger Page 1 of 5 PAI~TB:$PECI~J~CO~ITIONS/COM~LiANcEsCHED~ 1. The IU shall modify the sampling manhole, within nine (9) months of the effective date of this permit, to prevent any potential spill from being discharged into the sewer. 2. The IU shall perform sampling and analysis in accordance with Section .14.12.320 of the City's Municipal Code, Chapter 14.12. 3. If the 'results of sampling for Total Toxic Organic (TTO) are below 0.01 mg/1 (ppm), the IU can develop a solvent management plan in lieu of monitoring for TTO. If the IU elects to develop a plan, it shall be developed within ninty (90) days from the effective date of this permit. The plan shall be submitted to the City for review and approval~ Once approved, the IU must comply with the plan and any reporting requirements specified by the City. PART C: REPORTING REQUIREMR.~S 1. The IU shall notify the City at 326~3238 imraediately upon any accidental or slug discharge, meaning intermittent [eleases or ~ischarges of industrial wastes, to the sanitary seQer of any material'whose nature and quantity might be reasonably judged to constitute a hazard to Public Works personnel, Treatment Works, or the environment, or which results in a temporary noncompliance with Categorical Pretreatment or local limits. Formal written notification discussing circumstances and remedies shall be submitted to the City within five (5) days of the occurrence. 2. The IU shall n6tify the City prior to the introduction of new wastewater or pollutants or any substantial change in the volume or characteristics of the wastewater being introduced into the POTW from the User's industrial processes. Formal written'notification shall follow within thirty (30) days of such introduction. 3. Any upset experienced by the IU of its treatment that places it in a temporary state of non-compliance with wastewater discharge limitations contained in this permit or other limitations specified in the City's Ordinance shall be reported to the City within twenty- four (24) hours of first awareness of the commencement of the upset. A detailed report shall be filed within five (5) days. 4. The IU is required to submit to the City semiannual results of its sampling of the pollutants specified reports on the in Part A of this permit in June and December as required by 40CFR (Code of Federal Regulation) 403.12(e). The report should include copies of manifest for all wastes removed from the premises for the reporting period. 5.' All reports shall be submitted to the following address: City of Bakersfield Public Works Department 4101 Truxtun Ave. Bakersfield, CA 93309 Attn.: Wastewater Division Page 3 of 5 1501 Truxtun Avenue Bakersfield, California 93301 (805) 326-3724 . DALE HAWLEY, Manager I FOR YOUR INFORMATION -I Subject: SOLVENT MANA[~EMENT PLAN (SMP) As an alternative to routine total toxic orgar~ic~ (TTO) mc, r~itorir, g, regulated Industrial U~ers (IUs) may elect to pr'epare a Solvent Management Plar~ (SMP). A SMP mu~t specify the toxic organic compour~ds used~ the method of disposal used (ir,~'tead c,f discharge into ~astet~tpeams)~ and procedures fc, r a~s,.[rir~ that toxic c,r~ar~ics do r~ot routinely ~pill or leak into wastewatep discharged to the City's smwer system. To request that r.:, TTO mor~itorir~g be required for your facility, yc, u r~e~d tc, complete the attached SMP. Please retu~.-r~ 'tt~e complet~.d Slvlp to: City of Bakerufield Public Works Departmer~t 4101 Trux'[:ur~ Ave. Baker'uf"i el d~ CA 93309 Attr,: Wast ewat er Divisior~ SOLVENT MANAGEMENT PLAN FAC I L I 1-Y NAI'IE 1. You must submit a cc, replete ir~ver~tory of ail toxic organic chemicals krJowr~ to be preser~t or ger~erated as a by-prodL~ct in your rnarJufacturing or service activities. (OrgarJic cor~stituents of trade-narne products should be obtained from the appropriate suppliers as necessary. ) List of chemicals: (Use additional sheets as needed.) 2. The disposal method(s) fc, r the above ir~ver~toried compour~ds: ~ reclamatior~ ~ contract hauling incineration ~ others (specify): 3. This waste is disposed: ~ daily _.. rmz, nthly semiar nual ix .. weekly ~ bimc. r~t h 1 y .... annually _ biweekly .... quarterly _.~ others: 4. The waste haulir, g compar, y(s): (Use additior~al sheets as needed. N ad'r~ e Ad d re s s Ph one Narne Ad d tess Ph c,r~e 5. The procedures used for ensuring that regulated toxic organic pollutants ~do not spill or routinely leak ir~to process wastewaters, floor drains, r~or~-cor~tact cool lng water, grc*~r~dwater~ surface waters, or ar~y other locatior~ which may allow the discharge of the are: (Check as many as applicable.) ~ Sc, lver~t Substitution - Segregated Drain System ~_ Process Modificatior~s Sealing Floor Drair~s ~ Cor~tainrnerrt Tank or Wall ~ Installing Suntops ir~ the Floor Other (specify): Drains 6. Determir, atior, s or best estimates of the identities ar, d approximate quantities of toxic orgar~ic pollutar, ts used as well as discharged from the regulated manufacturing process. (List the compound ar, d circle lb. or §al. Use additior, al sheets as r, eeded.) Toxic Pollutar, t (s) LJsed !],ischarqed_ lb/gal lb/gal lb/gal lb/gal lb/gal lb/gal lb/gal lb/gal 7. Durir, g the past r,~¢,r, itc, rir~g peri,nd, compour, ds preser, t ir, wast est rea~ns that are discharged to ~ar, itary ~ewer(m) are resulted from: r~or, e ~ spi 1 ls rinse water carryov~ disposal leaks air pollutior, cor~trol c, tlaer (specifY) :-' "Based c,r, my ir, quiry of the persor~ or persons directly responsible for mar, a~ir, g ~c, mpliar,~e with the TTO limitatior~s, I ~ertify that, to the best of my kr, owledge and belief, r~o dumpir, g of cor, cer, trated toxic organics ir~t,z, the wastewaters has occurred ~ir, ce filing of the last repc, rt. I further certify that this facility is i~'nplementir, g the toxic c, rganic pc, llutant mar~agemer~t plar~ sub~nitted to the Cor, trol Authority or~ ." Date Submitted Date Signing Official N o'b e: If the user is ur, able to make the above certifioatior, statemer~t, the user should notify the City sixty days (60) prior to the due date f'or fi 1 ir, g the oompl iar, ce report. WASTEWATER DISCHARGE PE1RlVlIT City of Bakersfield Public Works Department Wastewater Division Permit Number: 2-BK-0002 PERMI~'ITgEMUSTllEADTHISMA~RIAL IN ITS EN~IIIETY Business Name: Brookshire's Plating N/A Surcharge Acct. Facility Address: 527 E. 19th St. Bakersfield CA 93305 Mailing Address: 527 E. 19th St. Bakersfield CA 93305 The above Industrial User (IU) is hereby authorized to discharge industrial wastewater to the City of Bakersfield sewer system subject to said permittee's compliance with the City's Municipal Code Chapter 14.12, any applicable provisions of Federal or State law or regulation and the terms and conditions set forth herein. P 20] 807 395 ~ granted in accordance with the Application 9 City of Bakersfield on July 22, 1987, R£CF[PT FOR OERT[F[£DMA]I mity with plans, specifications and other data N01NSURAtlCEC0VERAGEPROVIDED~ 'he City in support of the above application. NOT FOR INTERNATIONAL MAIL ' (See Reverse) SENT TO .. · BROOKSHIRE' S PLATING ~'~76~----~ luary 16, 1988 Expiration Date: December 31, 1988 527 E. 19th Street /P°sTA(3E~Bakersfield' CA 933055 ~ ~ /'~ '---I CERTIFIED FEE ¢ .,= ...... Wastewater Superintendent ~ I,~/-~ I oA~ DELIVERED XX ~ I~I~ I ~mVE.~OW~m RESm~C[E. a% Date ~/o/~zlOmV~.¥ ¢ E. W. Schulz E~ |~]'~.~,~7~' Acting Public Works M ger I I~I ADDRf$$ 0F Dftl¥ERY WI~H ¢ ' ; ~ J RESTRICTED DELIVERY TOTAL POSTAGE AND FEES $ POSfMARK OR DATE i January 18, 1988 Page 1 of 5 Permit No: 2-~K-UUUZ PART A: WASTEWATERDI$CHARGE LIMITATIONS AND MONITORING REQUIREMENTS DAILY PARAMETER MAX SAMPLE FREQUENCY SAMPLE TYPE Flow 2000 gpd Daily Continuous Cadmium 0.10 mg/1 2/year Composite Chromium (total) 1.00 mg/1 2/year Composite Chromium 0.60 mg/1 2/year Composite (hexavalent) Copper 1.00 mg/1 2/year Composite Cyanide 0.30 mg/1 2/year Grab Lead 0.60 mg/1 2/year Composite Nickel 5.00 mg/1 2/year Composite Zinc 5.00 mg/! 2/year Composite Oil & Grease 250 mg/1 2/year Grab pH 6.0 - 10.0 units 2/year Grab Total Chlorinated 0.05 mg/1 2/year Grab Hydrocarbon TTO 4.57 mg/1 2/year Grab (Total Toxic Organic) BOD (Biochemical Oxygen 2/year Composite Demand) SS (Suspended Solid) 2/year Composite Note: The above self-monitoring frequencies will be for an initial evaluation period of one (1) year. At the end of the year, it will be re-evaluated and permit will be modified if necessary. Perm~ Mo: 2-BK-0002 PAR~B: SPECIAL C~ND~O~S~COMPL~/~IC~ SC~Ur.~ 1. The ~U shall modify the sampling manhole, within nine (9) months of the effective date of this permit, to prevent any potential spill from being discharged into the sewer. 2. The IU shall perform sampling and analysis in accordance with Section 14.12.320 of the City's Municipal Code, Chapter 14.12. 3. If the results of sampling for Total Toxic Organic (TTO} are below 0.01 mg/1 (ppm), the IU can develop a solvent management plan in lieu of monitoring for TTO. If the IU elects to develop a plan, it shall be developed within ninty (90) days from the effective date of this permit. The plan shall be submitted to the City for review and approvall Once approved, the IU must comply with the plan and any reporting requirements specified by the City. PART C: REPORTING REQUIRF2~RNTS 1. The IU shall notify the City at 326-3238 immediately upon any accidental or slug discharge, meaning intermittent releases or discharges of industrial wastes, to the sanitary sewer of any material whose nature and quantity might be reasonably judged to constitute a hazard to Public Works personnel, Treatment Works, or the environment, or which results in a temporary noncompliance with Categorical Pretreatment or local limits. Formal written notification discussing circumstances and remedies shall be submitted to the City within five (5) days of the occurrence. 2. The IU shall n6tify the City prior to the introduction of new wastewater or pollutants or any substantial change in the volume or characteristics of the wastewater being introduced into the POTW from the User's industrial processes. Formal written notification shall follow within thirty (30) days of such introduction. 3. Any upset experienced by the IU of its treatment that places it in a temporary state of non-compliance with wastewater discharge limitations contained in this permit or other limitations specified in the City's Ordinance shall be reported to the City within twenty- four (24} hours of first awareness of the commencement of the upset. A detailed report shall be filed within five (5) days. 4. The IU is required to submit to the City semiannual reports on the ' results of its sampling of the pollutants specified in Part A of this permit in June and December as required by 40CFR (Code of Federal Regulation) 403.12(e). The report should include copies of manifest for all wastes removed from the premises for the.reporting period. 5. Ail reports shall be submitted to the following address: City of Bakersfield Public Works Department 4101 Truxtun Ave. Bakersfield, CA 93309 Attn.: Wastewater Division Page '3 of 5 Permit No: 2-BK-00O2 PART D: STANDARD CONDITIONS 1. The IU shall comply with all the general prohibitive discharge standards in Section 14.12.220 of the Municipal Code. 2. RIGHT OF ENTRY The IU shall allow the City or its representatives, exhibiting proper credentials and identification, to enter upon the premises of the User, at all.reasonable hours, for the purposes of inspection, sampling, or records inspection. Reasonable hours in the context of inspection and sampling includes any time the Industrial User is operating any process which results in a process wastewater discharge to the City's sewerage system. 3. LIMITATION ON PERMIT TRANSFER This permit becomes void upon change of ownership' operations, or location of an existing facility. Sale of a User shall obligate the purchaser to seek prior written approval of the City for continued discharge to the sewerage system. 4. REVOCATION OF PERMIT The permit issued to the IU by the City may be revoked when, after inspection, monitoring or analysis it is determined that the discharge of wastewater to the sanitary sewer is in violation of Federal, State, or local laws, ordinances, or regulations. Additionally, falsification or intentional misrepresentation of data or statements pertaining to the permit application or any other required reporting form, shall be cause for permit revocation. 5. MODIFICATION OR REVISION OF THE PERMIT a) The terms and conditions of this permit may be subject to modification by the City at any time as limitations or requirements as identified~the City's Ordinance, are modified or other just cause exists. b) This permit may also be modified to incorporate special conditions resulting from the issuance of a special order. c) The terms and conditions may be modified as a result of EPA promulgating a new federal pretreatment standard. d) Any permit modifications which result in new conditions in the · permit shall include a reasonable time schedule for compliance ~f necessary. 6. SEVERABILITY The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstance, is held invalid, the application of such provision to other circumstances, and the remainder of this. permit shall not be affected thereby. 7. DUTY TO REAPPLY The City shall notify a User one hundred and eighty (180) days prior to the expiration of the User's Permit. Within ninty (90) days of the notification, the User shall reapply for reissuance of the permit on a form provided by the City. Page 4 of 5 · ~ ,,~.~,~, Permit No: 2-BK-0002 8. RECORDS RETENTION a) The IU shall retain and preserve for no less than three (3) years, any records, books, documents, memoranda, reports, correspondence and any and all summaries thereof, relating to monitoring, sampling and chemical analyses made by or in behalf of the user in connection with its discharge. b) All records that pertain to matters that are the subject of special orders or any other enforcement or litigation activities brought by the City shall be retained and preserved by the IU until all enforcement activities have concluded and all periods of limitation with respect to any and all appeals have expired. 9. CONFIDENTIAL INFORMATION Except for data determined to be confidential under Section 14.12.130 of the City's Municipal Code, all reports required by this permit shall be available for public inspection at the office of the Wastewater Division. 10. RECORDING OF RESULTS For each measurement or sample taken pursuant to the requirements of this permit, the user shall record the following information: a) The exact place, date, and time of ~mplin~; b) The dates the analyses were performed; c) The person(s) who performed the analyses; d) The analytical techniques or methods used; and e) The results of all required analyses. 11. DILUTION No IU shall increase the use of potable or process water or, in any way, attempt to dilute a discharge as partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in this permit. 12. PROPER DISPOSAL OF PRETREATMENT SLUDGES AND SPENT CHEMICALS The disposal of sludges and spent chemicals generated shall be done in accordance with Section 405 of the Clean Water Act and Subtitles C and D of the Resourc~ Conservation and Recovery Act. .~ 13. SIGNATORY REQUIREMENTS All reports required by this permit shall be signed by a principal executive officer of the User, or his designee. 14. FALSIFYING INFORMATION OR TAMPERING WITH MONITORING EQUIPMENT Knowingly making any false statement on any report or other document required by this permit or knowingly rendering any monitoring device ok method inaccurate~ may result in punishment under the criminal laws of the City, as well as being subjected to civil penalties and relief. 15. PROPERTY RIGHTS The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any invasion of personal rights, nor any infringement of Federal, State or Local regulations. Page 5 of 5 1501 Truxtun Avenue Bakersfield, California 93301 (805) 326-3724 DALE HAWLEY, Manager July 18, 1988 htr". K.L. Br':oP. shire B r c,,z, P. s h i r e ' s P :L a t :L r, g 52-/ E.. 19th St. Bakersfield, CA 93305 RE: COMPLIANCE MONIT[]RING D~ar blt. Br :,c, ksh ire: A cc, mpliar, ce mc, r~itc, rir~g ,:,f y:',ur facility as required by Feder'al Regulatic, r, was cc, r, ducted or~ G-8-88 thrc, ugh G-10.-88. Er~c].c, sed is a copy c,f' the lab analyses (Zalco Labc, ratories, Ir~c., Lab No. 15259-1 & 2, submitted G-10-88). Upor~ review c,f the lab r. epc, rt it has bo~r'~ determir, ed that y':,u~ .... Fac:i. lity is ir, violatior, with the City' ~ Wastewater Discharge F'ermit Nc,. 2-BK-O002 for the f',::,llc,~ir~g compour, dc;: Chromium (total) 3. 3 mg/1 1.0 mg/1 Hexavalen"~ Chrc, r;lium 3. 2 rog/1. O.G rog/1 Yc, u are aisc, iv'~ vic, latic, r~ ,:,f Part C, No. 4 ,:,f the Repc, rtir, g Requiremer, ts ir, your' disdnarge perrrliC ~hich explair~ ir~dusgrial u=.er semiar, r, ual repc, rtir~g~ Thi a violaiic, r~ ':,f Che 40CI::'R (Cc, de c,f Federal 403. l~(e). [:'lease make e'P'fc, rts to, correct this violagior, s. Additi,:,r~al rmz, r, i2c, rir~g c,f yc, ur facility will be required umtil cc, mpliar',ce :i.s verified. Should y:',u have ar, y quest i,:,r,s re~ardir~g this matter please cot, tact Wem-Shi Cheur, g c,r F'amela Mar, tc0q at v~.-y Tru 1 y Yours, , E.W. Schulz Wast ewat er S u per i rrb er, der, t . E[ ~3 c 1 c, ~; u r e l~~~ Analytical ~ Consulting Seevices,, City of Bakersfield 4101 Truxtun Avenue ~a~~ No: 15259-4 ~ ~iv~: 6-10-88 ~fi~d, ~ 93309 ~ ~~: 6-27-88 At~tion: W~-S~ ~e~ ~le: Wa~ ~le ~iption: ~le f~ ~ T~ ~ff (~) _ ~1~ on 6-10-88 at 9: 4~ (~ pr~tive) Cadmium, Cd <0.01 f~u~mium, Cr <0.05 Copper, Cu 0.61 Lead, Pb <0.05 Nickel, Ni 1.07 Zinc, Zn 0.20 Hexavelent C~rc~um, Cr~6 <0.05 /~Jim Etherton, / ~horatory Director JE/dg 4309 Armour Avenue Bakersfield, 0alifornia 93308 [805] 395-0539 City of Bakersfield Laboratory No: 15259-3 4101 Truxtu~ Avenue Date Received: 6-10-88 Bakersfield, CA 93309 Date Reported: 6-27-88 Attention: Wen-Shi fheung Sample: Water Sample Description: Sample frc~ Final Sump - Sampled on 6-8-88 and 6-9-88 at 10:30am (ccm~ite with preservative) Total Met~] s mq/1 Cadmium, (3d 0.014 C~um, Cr 0.66 Copper, Cu 0.17 I~ad, Pb <0.05 Nickel, Ni 1.3 Zinc, Zn 0.32 Hexavelent Chromium, Cr~6 0.52 JE/dg 4309 Armour Avenue Bakersfield, California 93308 [805] 395-0539 ~~--~ Analytical ~, 0onsulCing Seevices City of Bakersfield T~l~oratory No: 15259-2 4101 Truxtun Avenue Date Received: 6-10-88 Bakersfield, CA 93309 Date Reported: 6-27-88 Attention: Wen-Shi (lueung Sample: Water Sample Description: 2A Sample fram Final Sump - 2B..Rinse Tank Run Offs Sampled on 6-10-88 at 12:00 am (grab) ........... Total Cyanide Amenable to Cyanide, (N (51orination, CN 2A 0.15 <0.04 2B i.8 ~ i.8 / J~ ~~n, T~horatory Director' JE/dg 4309 Armour Avenue Bakersfield, California 93308 (805) 395-0539 ~~--~ AnalyCioal ~ OonsuIcin9 Services City of Bakersfield 'r~boratory NO: 15259-1 4101 Truxtun Avenue D~te Received: 6-10-88 Bakersfield, CA 93309 Date Reported: 6-27-88 Attention: Wen-Shi f~eung Sample: Water Sample Description: Brookshire Plating Water Sample from Final Sump Sampled on 6-10-88 at 9:45am (gr~b) Total Metals m~/1 Cadmium, Od <0.01 ~b~um, Cr~ 3.3~ Copper, C~ 0.47 I~ad, Pb <0.05 Nickel, Ni 1.6 Zinc, Zn 0.15 Hexavelent C~omium,_~r~6 = 3.2~ / Jim Etherton, T ~hor~tory Director ~/dg 4309 Armour Avenue Bakersfield, California 93308 [805] 395-0539 Analycioal & Consulting Seevioes City of Bakersfield I~ratory No: 15259-1 4101 Truxtun Avenue Date Received: 6-10-88 Bakersfield, CA 93309 Date Reported: 6-27-88 Date Corre~: 7-1-88 Attention: Wen-Shi Cheung Sample: Water Sample Description: Brookshire Plating Water SamPle from Final Sump Sampled on 6-10-88 at 9:45am (grab) pH 6.79 Total Organic Halides, rog/1 <0.08 Detection Level = 0.05 rog/1 Total Meta/s m~/1 Cadmium, Cd <0.01 Chr~um, Cr 3.3 Copper, Cu 0.47 Lead, Pb <0.05 Nickel, Ni 1.6 Zinc, Zn 0.15 Hexavelent Chrc~um, Cr+6 3.2 / / Jim Etherton, ?~hormtory Director 4309 Armour Avenue Bakersfield, California 93308 [805] 395-0539 LABORATORIES, Ir]c:. J. J. EGLIH, REG. CHEM. EHGR. 41OO PIERCE RD., BAKERSFIELD, CALIFORHIA 93308 PHONE 327-4911 City of Bakersfield ~3~GFABLE ORGANIC ANALYSIS ( Volatiles ) Date of Report:___~88 Lab Sa~le ID No. 4262.1 Laboratory Signature Lab ~.r~,, X//.~). / ;, / N~,.: ~s Director__. /?//¢'~'~ Nas~ of S~ler San~ler: Er~ploy6~l By:. Date/Time Sample Date/Tin~ Sar~le Were Holding Oollected: 6/lO/_8_8__Received @ Lab: 6/_1~ Tire. s Observed?_~YES Were all the C~nstit~enLs listr~d l ~s% Method]s: EP~~02 ~low quantified?_~ES System Syste. m Descriptl.or, of Sa~l ing Point: N~rm/No. Of San~le Station Date & 'n,,~ of I~1~1~1~1~1~1 I~1 W~r ,.,~,,,~t~d to S~.~S .~,~Ze: ~1~1~ ' ~- ~7.~ User I--I-I-I" ' qYI- - ID: By: Place an "X" in box to delete all data for this station/date/tim REPO~rI~ CONSTITUENT STOI~E~I' [ AN^LY$IS DETECTION __~I~_ CODE_ [ . , 6/2..3/88 _ ~ lrd~n~e_2nz2_ey__t~he r -~J~-- Bro~dichloro~ th~n~ 32101_ _ --~g/J~ Brom0£orm _3.2~0~4_ _ H D_ _ _ _ 0 i 5 O _~a/t QhlQ~mz~ne ~ _ N D .... 0 ug/L -~Q~k~lvinvl ether _34576 ~ _ H D_ _ _ 1 0 O _.dzg/L ¢hl~methane _ 34zt18 .... __ng~L b~~~3.k_~tl~r _,34273 H D ~' ' ~ DJJ~x~l]~bhane 3~__ , _ J~z~ ,L,-z~~~rc.~ne ~ar~6_/./o/~{~/s/_/_/_/o I~l~l ~ L2-_D~t~Lo~~ _~4r~6_/. /-/,/u/-I_/_/_/o I~/ol : _ugZL 1-~-4cDic;h.lxzrg]~ruz~ne 34~%L1' /-/"/~/-I-/-I-I~ /slol LABORATORIES, InD. P[TROI[UM J' J' EGLIN, REG. CHEM. ENGR. 4100 PIERCE RD., BAKERSFIELD, CALIFORNIA 93308 PHONE 327-4911 Purgeable Organic Analysis (C~ntinua~]) Lab ~:4262-1 (CAnt.) SYSTEM NAME & NUMBER REPORTING ~ CONSTITUENT STORET ANALYSIS I n~TWf.~Tn~ , --~g/~ l~LnDlchLorc~_thene._I1.1-_DCE ~ i 3~_~01 ~ _ugZL ~ia-1,3-DlchlQrDp~o~n~ = 34~0~_ __~g~L ~~ic~~o~ne _~g/L E~hyl_~enzene ~L ...... Methylene chlQrida _ 3442~_ Jg/.L Me_thy]~_Et~aLKe tone __~g/L ~e~nach~thene CPCE) 34475 ~ TQluene ~L 1,1.2-Trichloroet~e 34~ ~ZL... ~nLc~oz~ne =3448~_ NoJ~-any_uniden~ifi~.~ak~_b~lo~. Qomponants wexie b~oI~GC/MS confinm~ion limit. NOTE ND = NONE DETECTED -,BORATORIES, Inc. J' J' EGLIN, REG, CHEM. ENGR. 4100 PIERCE RD., BAKERSFIELD, CALIFORNIA 93308 PHONE 327-491 I City of Bakersfield PU~GEABLE 0 ,5~ANIC ANALYSIS (Volatiles) Date. of Rer~rt: 6/27/88 Lab S~ple ID No. ___T/lay_al Bi~ Laboratory Si~a~re ~b .,./ / , ~,,...y..>. / Nar~ of Sarr~ler / ~ler: Err~loy~ ~: Da~i~ S~le ~i~r~ ~le Were Holdir~ ¢~11~: 6~Received e ~b:~Ti~s Were all the C~ns%i~aen~s lis~] Test Meth¢~s: ~A 601/602 , ~low qu~tified? YES Sys~m Sys~m N~: Tr.~l~ for lab ~: 4262-1 ~r~r: ~scription of ~li~ Point: Na.~/No. Of ~le S~tion ~,,~c~: "'~"~: I-I-I-I/I-I-I-I =1-1-1-1-1-1-1-1 Da~ & ID: Place ~ "X" in ~x ~ dele~ all da~ for this s~tion/da~/ti~ I[{ RE~I~] ~)NSTITUE~ STO~{ nNA[,YS]S D~E~ION ~~~d I~1 ~1U161Zl -I-{-I-I-I- IYYMMD ~L ~~rac~oride ~~ N D _ ~~ ~~ene ~ ~ D _ Q ~.~ ~ ~e~ ~06 N ~ ~L ~~e, J_4~l~ ~ _ ~ ~~~hvl) ether ~~ N D ~L ~-~c~ene ~SD~ N D LABORATORIFS. Inc. J. J. EGLIN. REG. CHEM. ENGI~. 4100 PIERCE RD., BAKERSFIELD, CALIFORNIA 93308 PHONE 327-4911 Purgeable Organic Analysis (G)ntinued) Lab It:Travel Bl~nk (C~nt.) SYSTEM NAME & N~ER ---~1~ for lab REPOSING i CONSTITUENT STO~ET ANALYSIS DNFECTION J~ D~hlo~LLflu~~ne ug/L .... ~rana=l~tc~ler~hene ~b~~ene M~le~loride 3442~ ~ Metkv~~e~ne 81 l'etrac~or~thene (~E) ~O~~~e ] _ ~448~ ~~de NOTE N-Z') = NONE DETECTED LABORATORIES, InD. P[I'I~OI[IJM J.J. EGLIN, REG. CHEM. ENGI~. 4100 PIERCE RD., BAKERSFIELD, CALIFORNIA 93308 PHONE 327-4911 City of Bakersfield PURG~FABLE ORGANIC ANALYSIS (Volatiles) Date of Report: 6/27/86 Lab Sample ID No. 4262-1 Laboratory Si~ature Lab ..:..;.,,, //'/' ~ , / . /'O'/L~: N~f~: B C Lah~ratorie_~ Director /~¥{?~Z...-"///, ;"' ' Nan~ of S~pler / .~ler: F~r~loyed By: / Date/Ti~ S~fple Date/Ti~ S~ple Were Holdir~ Collected:_~tO/_~eceived @ Lab:_~/lO/88 Ti~s Observe]? YES Were all the C~nsti~ent~ listed Test Meth¢~s: E~2 ~low quantified?_~ES System System N~:_ BnQQ~ ' ~t~tir~_~2~_E 19th Street 11:10 a.m. N~ber: Description of Sampling Point: N~f~/No. Of S~ple Station Date & ri~ of I~1~1~1~1 I~l~l~l Water .%~ple: ~1~1~ Type ~t User I-I-I-I Su~3~itted to SWQIS ID: By: Place an "X" in box to delete all data for this station/date/time I DETECTION I Intensive Survey N~r~r - ~ ~aaane 3403Q_ ~ ~2Q/~2dichl oro~etbane __~/L,, Bro~form __UF=Z~__ Bro~ro~thane -~ Carbon tetrachloride Chlorobenzene Chloroethane ~ 2-Chloroethvlvinvl ether 34576_ --~gZIL_ ~ Chloroform ~ Chloro~t?~ne o~/L bis ~ 2-Chloroethvl) ether ._~ u~/L Dibromochloromethane --~F=~ l.~ic~llo~ene -_~ 1.3-Dic~lorober~ene 34566 --~ L 4-Dichlorober~ene LABORATORIES, Inc. PEIFIOLELMf J' J' EGLIN, REG. CHEM. ENGR. 4100 PIERCE RD., BAKERSFIELD, CALIFORNIA 93308 PHONE 327-491 ! Purgeable Organic Analysis (C~ntinued) Lab ~: 4262-1 (C~nt,) SYSTEM NAME & NUMBER Dichlorodi f luoromethane __~ 1,1-Dichloroethane (1,1-DCA~ 34496 __~ 1.2-Dichloroethane (1.2-DCA) ug/L 1.1-Dichloroethene ( 1,1-DCE u~/L ~a~s- 1.2-Dichloroethene 34546 u~/L 1, 2-DichloroproDane __~ cis-1.3-Dichloropropene ~u~/L trans- 1,3-Dichloropro~ene 34699 u~/L Ethyl Benzene _34371 ug/L Methylene chloride ~/L Methyl Ethyl Ketone u~/L Methyl Isobutvl Ketone u~/L 1.1.2.2-Tetrachloroethane ._~ __~ Tetrachloroethene ( PCE ~ 34475 u~/L TQlu~ne ._3_401Q_ _u~/L l~hloroethane 34506 L~/L 1,1.2-Trichloroethane u~/L Trichloroethene (TC~,) ug/L Trichlorofluoromethane ~ Vinyl chloride u~/L Xvlenes Note any unidentified peaks below. Co ~mponents were below GC/MS confirmation limit. NOTE ND = NONE DETECTED ABORATORIES, Inc. J. J. EGLIN, REG. CHEM. ENGR. PET,90I£~I¥ 4100 PIERCE RD., BAKERSFIELD, CALIFORNIA 93308 PHONE 327-4911 City of Bakersfield PURGEABLE ORGANIC ANALYSIS (Volatiles) Date of Report: 6/27/88 Lab .Sample ID No. Tra¥~l Bla~ Laboratory Signab~re Lab / " - .~ Name of ,~r~ler / ,~pler: E~fployed By: Date/Time Sample Date/Tirf~ Sw~ple Were Holdir~ Collected :__6Ii--Receive] @ Lab: 6/10/88 Ti~s Observed? YES Were all the Constib]ents list~] Test Meth~s: EPA 601/602 below quantified? YES System System Nan.: Travel Blank for lab .: 4262-1 ~km,ber: Description of ,Sampling Point: N~e/No. Of Sample Station Date & Place an "X" in box to delete all data for this station/date/time REPO~TING CONSTITUENT STO~ETI AN~ALYSISI DETECTION IYYM~DDI · _~/23/88 Pa'talvziru~ Agenc~v Code (Lab) ___ i lntensive Survey ~ber __PF=~ ~nzene 340~Q_ __~ Bro~dichloromethane ~_/L Bro~form __~ Bromomethane .3441.3 ~g_/L Carbon tetrachloride __~ ~"nlorober~zene 34301 ~ Chloroethane _~ 2-Chloroetk~vlvinvl ether 34576 I~=~__ Chlorofon, ._321II6_ u~/L ~ .34418 __~ bis (2-Chloroethvl ~ ether .34273 __~: Dibrc~hloromethane ~ 1,2-Dichlorobenzene 34536 __~ 1: 3-Dichlorobenzene i 34566 __~ 1,4-Dicklorobenzene LABORATORIF, In . J' J' EGLIN, REG. CHEM. ENGR. 4100 PIERCE RD., BAKERSFIELD, CALIFORNIA 93308 PHONE 327-4911 Purgeable Organic Analysis (C~ntinued) Lab ~: Travel Bl'~nk (C~nt.) SYSTEM NAME & NUMBER Travel Blank for lab ~: 4262-1 REPO~TING CONSTITUENT STORET ANALYSIS DETECTION I _~ Dichlorodi f luoro~t~mn~ __~ 1.1-Dichloroethane ¢ 1. !J~/L ~~ o-~.~A~- __~ 1,1-Dickloroethene (1,1-DCE) ~_~ ~ trans-1,2-Dichloroethene 34546 __~ 1,2-Dicb] oro~ropane .34541 __~ cis-1,3-Dichloropro~pe 34704 ----~gZ~L__ tr~ns-1,3-Dickloropro~ene 34699 __JzgZL ~tbyl Ber~ene __~ Methylene ckloride ~ Meth_~l Ethyl Ketone p~/L ~eb~tvl Ketone ~_~ ~ 1, l, 2,2-Tetrachloroethane ~/L Tetrachloroethene ~ PCE) 34475 ~ Toluene u~/L l~¢h~e 34506 __~ 1,1,2-Tricb]oroeth~ne _J~ ~richloroethene (TCE) 39180 __~ Trichlorofluoro~than~ 34488 _~/L ~L_ckloride ._~ __~ Xvlene.~ ~_~ Note ar~v unidentified meaks below, NOTE ND = NONE DETECTED LABORATORIES, Inc. P£T~O~£~lllt J.J. EGLIN, REG. CHEM. ENGR. 4100 PIERCE RD., BAKERSFIELD, CALIFORNIA 93308 PHONE 327-4911 City of ~ersfield ~~LE O~ANIC ~YSIS ~ of Re~: 7/14/88 ~b ~le ID No. 4262-1 ~ra~ Si~~ ~b ,~ ,~ ~ · ~ ? N~: B C ~ra~ries Di~r: N~ of S~ler ~ler: ~loyed ~: · ~i~ ~le ~i~ ~le We~ Holdi~ ~11~: ~ R~eiv~ ~ ~b: ~ Ti~s ObsesS? ~ We~ all t~ co~ti~en~ lis~ Test Meth~s: ~ ~A 624 ~low q~tifi~? YES S~s~m Sys~m N~: B~~res Plati~ 527 E. 19th St~et ~r: ~scription of ~li~ Point: N~o. of ~le S~tion I-I-I-IZl-I-I-I=l-I-I-I-I-I-I-I Da~ & Ti,~ ofiVivi i I Wa~r ~ UserI-I-I-I s xs ~le ~ T~: ID: Place ~ "X" in ~x ~ dele~ all da~ for t~s s~tion/da~/ti~. ~ ~I~ ~NSTIT~ ~T~ STOR~ ANALYSIS ~ D~E~ION' ~ ~ ~~en~ ~~b) In~ive S~ev ~~ne ~ Q~n ~trac~oride - ~ - - ~ D .... ~ ~ Q ~ ~o~eno - ~ - - ~ D _ _ _ 1 Q ~ Q ~ ~o~t~e -~-_ ND___ 1 Q ~ Q ~ 2-~o~thvlv~vl ether __ 34576 - _ ~ D 1 Q ~ Q ~ 1,2-Dickdoro~ene _ _~4536 - - ~ D .... ~ ~ Q ~ 1.3-Dic~o~ene 3456~ ~ D ~ ~ Q 34571 ~ D ~ ~ Q .'""""".' ,BORATORIFR, Inr'-:. P[Ti~OL£L/Af J. J. EGLIN, REG. CHEM. ENGR. 4100 PIERCE RD., BAKERSFIELD, CALIFORNIA 93308 PHONE 327-4911 PURGEABLE ORGANIC ANALYSIS (Continued) LABS: 4282-1 (C~nt.) SYSTEM NAME AND NUMBER: REPORTING CONSTITUENT STORET ANALYSIS DETECTION __~ 1.1-Dichloroe%han~ _~ 1.2-Dic?doroethane __~ 1.1-Dickloroe%hen~ __~ %rans-1.2-Dich]oroethene ~ 1.2-Dichloro~ro~nane _ug/L~ cis-1.3-Dichloromror~ne __~ trans- 1.3-Dichloropropene ~ Eth~l benzene ~~__c__~Methylene Ghlorid~ 1.1,2,2- Te trachloroe thane ~ Tetrachloroet?mne 34475 ~ Toluene ~ 1.1.1-Trichloroet?mne ~ 1.1,2-Trichloroethane ~ ~ Trichloroethene ~ ~ Trichloro f luoro~etbane 34488 ~ Vinyl Ckloride ~ Note any unidentified peaks below. City o~ Bakersfield Public Works Dept. C H ^ I N 0 F C U S T O D Y Wastewater Division Sample split with industry: ( ). YES ( ) NO Industry Rep./Title: ! Dat~. Tim~. Recei ved_Bv_ ( Si nnature ) ~i ] I ation/Tit] e_ Bemark~. I CITY of BAKERSFIELD "WE CARE" 2101 H STREET FIRE DEPARTMENT BAKERSFtLE{;). 93301 O. S. NEEDHAM 326-3911 FIRE CHIEF . 19 JUNE 13 I~E.%l? ?IR. BROOKSIIIRE: NOTICE OF VIOLATION AND SCIIEDULE FOR COHPLIAN¢:E I!'.z TIlE INSPECTION OF YOUR BUSINESS BROOKSIIIRES PLATING, I.OCATED AT 527 E. 19TH STREET, BAKERSFIELD, CA 93305 ON 6-10- 88 TIlE FOLLONING ItAZARDOUS MATERIALS REGULATION VI'OLATIONS WERE IDENTIFIED: Il INVE?~TORY OF IIAZARDOUS MATERIALS IH YOUR BUS[NESS I'[,AN IS .[?~:C()HPLETE. A PARTIAL LIST OF ADDITIONAl, IIAZARI.)~.~US HV['ERIALS FOUND BUT NOT ON INVE~'ro~Y INk,hi,DE: CYLINDER, ACETYLENE CYLINDER, CAUS'rlC SODA, I)IE CIIEH, CYAN[DE, MOTOR OIh, ETC. VIOLATION OF CIt. 6.96 CALIFOIt.~-ZlA IIEAI~'rll & SAFETY CODE 25509(A)ll-.t) Tile annuak inventor,' form .~hal. 1 in(:.[ude, but shn[.[ n,',t be limited to, information on al.l of the t.he quantities s~ecified in ~ubdivision (a) o[' Sect:ion 25503.5: [1) A l~s[~n~ of the chem~ca.I name and common names of every hazardous subs[ante or chemical D~oduct handled by the business (2) Tile category' of ~cast. e, it~cl, udJn~ tile ~eneral chemical and m~ne~.-ai comr)o~.[tion or' the ,~aste listed by probable maximum and minimum ,~uncentrations, of ever3' haza['do,~s ~,,ast. e hand[e,i by the business. (3) A list[n~ of the chomica.[ name and common names of every other hazardous ma~-r.ia[ or containinff a hazardous mater~al h:~ndl~d bS' the business which ~s not other,.~ise l i?~e,t m,r~,.,ant t)araffra~h (l) or (2). VIOLATION OF UFC 80.107 (a) Highly toxic materials shall be segregated from other chemicals and combustible and flammable substances by storage out of doors or in a room or compartment separated from other areas by a one-hour occupancy separation constructed as specified in the Building Code. The storage room shall be ~rovided with adequate drainage facilities and natural or'mechanical ventilation to the outside atmosphere constructed as s~ecified in the Mechanical Code. EXCEPTION:' Approved storage cabinets for hazardous materials may be used for limited amounts a~Droved by the chief. (b) Legible warning signs and placards stating the nature and location of the highly toxic materials shall be posted at all entrances to areas where such materials are stored or used. 3) YOUR CHEMICAL STORAGE AREA MUST BE PROPERLY IDENTIFIED. VIOLATION OF UFC 80.103(F) Visible hazard identification signs as specified in U.F.C. Standard No. 79-3 shall be placed at all entrances to and in locations where hazardous materials are stored, handled or used in quantities requiring a permit 4) ALL CONTAINERS OF HAZARDOUS MATERIALS MUST BE PROPERLY LABELED THIS INCLUDES STORAGE DRUMS, BOTTLES, TANKS, BUCKETS . OR BAGS.----ALL CONTAINERS MUST BE LABELED· VIOLATION OF OSHA 1910.1200 (!) The chemical manufacturer, importer, or distributor shall ensure that each container of hazardous chemicals leaving the work~lace is labeled, tagged or marked with the following information: (i)Identity of the hazardous chemical(s). (ii)Appropriate hazard warnings; and (iii)Name and address of the chemical manufacturer, importer, or other responsible party. (4) Except as ~rovided in paragraphs (3) and (4) the employer shall ensure that each container of hazardous chemicals in the work,lace is labeled, tagged, or marked with the following information: (i)Identity of the hazardous chemical(s) contained therein; and (ii)ADDroDriate hazard warnings. (5) The emDloyer may use signs, Dlacards, process sheets, batch tickets, operating Drocedures, or other such written materials in lieu of affixing labels to individual stationary Drocess containers, as long as the alternative method identifies the containers to which it is aDDlicable and conveys the information required by Daragraph (2) of this section to be on label. The written materials shall be readily accessible to the .employees in their work area throughout each work shift. (7) The employer shall not remove of deface existing labels on incoming containers of hazardous chemicals, unless the container is immediately marked with the required information. (8) The employer shall ensure that labels or other forms of warnings are legible, in English, and prominently displayed on the container, or readily available in the work area throughout each work shift. Employers having employees who s~eak other languages may add the information in their language to the material presented, as long as the information is presented in English as well. 5) MATERIAL SAFETY DATA SHEETS FOR ALL OF YOUR HAZARDOUS MATERIALS MUST BE MAINTAINED ON SITE. VIOLATION OF OSHA 1910.1200(G) (9) Material safety data sheets may be keD~ in any form, including operating procedures, and may be designed to cover groups of hazardous chemicals in a work area where it may be more appropriate to address the hazards of a process rather than individual hazardous chemicals. However, the employer shall ensure that in all cases the required information is provided for each hazardous chemical, and is readily accessible during each work shift to employees when they are in their work area(s). VIOLATION OF OSHA 1910.1200(H) (6) Chemical manufacturers or importers shall ensure that distributors and manufacturing purchasers of hazardous chemicals are ~rovided an aooropriate material safety data sheet with their initial shipment, and with the first shipment after a material safety data sheet is updated. The chemical manufacturer or importer shall either provide material safety data sheets with the shiDoed containers or send them to the manufacturin~ purchaser Drior to or at the time of the shipment. If the material safety data sheet is not Drovided with the shiDmen%; the manufacturing Durchaser shall obtain one from the chemical manufacturer, imDor~er, or dis%ribusor as soon as Dossible. (h) EmDloyee information and training. Employers shall Drovide emDloyees with information and training on hazardous chemicals in their work area at the time of their initial assignment, and whenever a new hazard is .introduced into their work area. 6) ALL HAZARDOUS MATERIALS WITH QUANTITIES ABOVE THE MINIMUM REPORTING QUANTITIES MUST BE REPORTED ON YOUR HAZARDOUS MATERIALS BUSINESS PLAN VIOLATION OF CH. 6.96 CALIFORNIA HEALTH & SAFETY CODE 25509(A)(1-4) The annual inventory form shall include, but shall not be limited to, information on all of the following which are handled in quantities equal to or greater than the quantities specified in subdivision (a) of Section 25503.5: (1) A listing of the chemical name and common names of every hazardous substance or chemical Droduct handled by the business. (2) The category of waste, including the general chemical and mineral comDosition of the waste listed by Drobable maximum and minimum concentrations, of every hazardous waste handled by the business. (3) A listing of the chemical name and common names of every other hazardous material or mixture containing a hazardous material handled by the business which is not otherwise listed Dursuant to Daragraoh (1) or (2). (4) The maximum amount of each hazardous material or mixture containing a hazardous material disclosed in DaragraDhs (1), (2), and (3) which is handled at any one time by the business over the course of the year. VIOLATION OF CALIFORNIA HEALTH AND SAFETY CODE, CHAPTER 6.95, 25809(A) The annual inventory form shall include, but shall not be limited to, information on all of the following which are handled in quantities equal to or greater than the ~uantities e&uai to or greater than the ~uantities soecified in subdivision (a) of Sec%ion 25503.5: Sufficient information on how and where the hazardous materials disclosed in paragraphs Il), (2), and (3) are handled by the business to allow fire, safety, health, and other appropriate personnel to prepare adequate emergency responses to potential releases of the hazardous materials. 7) YOUR BUSINESS PLAN MUST CONTAIN AN EMERGENCY RESPONSE PLAN AND PROCEDURE FOR MITIGATION OF CHEMICAL RELEASES. VIOLATION OF CALIFORNIA HEALTH AND SAFETY CODE CHAPTER 6.95, 2~504(B) Business plans shall include all of the following: Emergency response plans and procedures in the event of a reportable or threatened release of a hazardous material, including, but not limited to, all ~ of the following: (1) Immediate notification to the administering agency and to appropriate local emergency rescue personnel and the office. (2) Procedures for the mitigation of a release or threatened release to minimize any potential harm or damage to persons, property, or the environment. (3) Evacuation plans and procedures, including immediate notice, for the business site. AS WE HAVE STATED IN THE PAST OUR OFFICE IS AVAILABLE TO ASSIST YOU IN MEETING THESE REQUIREMENTS---BUT---THESE VIOLATIONS MUST BE CORRECTED. The department will schedule a re-inspection of your facility to verify compliance. If you have any questions regarding this notice, please contact Ralph Huey at 326-3979. Sincerely, Ralph E.Huey Hazardous Materials Coordinator March Mr. K. Brookshire 527 E. 19th Street Bakersfield, Ca. 9j50S Dear Mr. Brookshire The hazardous Materials Oivislon of the Bakersfield City Fire Department has a goal of assisting local businesses in meeting Hazardous Materials Regulations. However as an administering agency we are also required by Lam to enforce certain regulations concerning Hazardous Materials. To this end an 'original inspection was made at your facility "Brookshire Plating, located a% 527 E. 19th Street, Bakersfield, Ca. noted in that on June 10,¢.gl~~_Several violations were inspection andAa~follow up inspection was made on February 2, 1989. The followup inspection reveal~several areas that a~en%ion and a No%ice of Uiola%ion was issued. This no%ice covered seven (7) viola(ions and specifically required correc%ion by March l~, 8 third inspection conducted on March ~B(h showed ~ha% very li~%le progress had been made ~o comply. This memo i5 in%ended %o inform you %ha~ failure %o correction these deficiencies will resul~ in civil ac%ion with liability of up %o $5,~¢ per day. (Per California Health and Safety Code - Chap%er Specifically %he following items must be co~rec%ed by Friday april ~4%h or we do in%end %o pursue ~his in ~ ) Your chemical storage mu5% be properly segregated, ie acids must no~ be stored in %he same area as your cyanide compounds. 2) 6~ Hazardous Materials containers mu~ he properly labeled -- This includes all drums, tanks, buckets or bags. Your Hazardous Materials business plan must be updated %o include %he inven'%ory o¢ all hazardous ma%erial5 you have on hand, as well as an emergency response plan including notification procedures and spill prevention/ minimization and clean up procedures. Page 2 Brookshires Platinq As always we remain willing and anxious to assist you in meeting these requirements. To be certain all items lis'ted in the February 7, NOW must be corrected. The three items listed in this memo, however must be corrected by April 14th to avoid legal action. Sincerely Yours, Ralph E. Huey Hazardous Materials Coordinator REH:vp cc: M. kelly "WE CARE" FIRE DEPARTMENT 2101 H STREET D. S. NEEDHAM BAKERSFILED, 93301 FIRE CHIEF 326-3911 JUNE 13 19(, I~EAR. HI~,. BR, OOI(SIIIRE: NOTICE OF VIOLATION AND SCItEDULE FOR COHPLIANC. E I!': TIIE INSPECTION OF YOUR BUSINESS BROOKSIIIRES PI,ATiNG, I,OCATED AT 527 E. 19TH STREET, BAI(ERSFiEI, I), CA 93305 ON 6-10- 88 TIIE FOLLOWING HAZARDOUS ~ATEf{IALS REGULATION VIOLATIONS WERE IDENTIFIED: I I INVENTOI~Y OF HAZARDOUS HATERI. ALS IN YOUIt BUS.[NESS }'LAN INCOHPLETE. A PARTIAL LIST OF ADDITIONAl, IIAZAI?,I)(,)US HATERIALS FOUND BUT NOT ON INVEN'I?ORY INCLUDE: DXYGEN CYLINDER., ACETYLENE CYLINDER, CAUS'['IC SODA, DIE CIIEH, ZINC CYANIDE, HOTOR OIL, ETC. VIOLATION OF CIt. 6.96 CALIFOI?NIA }IEALTII & SAFETY CODE 25509(A)(1-4) The annual inventory form shal. I incl. ude, but shal..[ not be Iimited to, infor'mation on al.l of t. he which are handled in ff~antities eq,ml, to c')~' .~r. eat:.e~', than t,he q~antities specified in subdivision ia) of' Sect:ion 25503.5: (1) a listing of the chemical name and common names of every hazardous substance or chemical product handled by the business. (2) The category of wast. e, inc.[udinz the ~!eneral chemical, arid mineral composition of' the ~as't,e listed by probable maximum and mJ~:imum concentrations, of evet'.v hazardous waste hand.l, ed by t, he business. (3) A listin~ of i:he ch,~mi, ca.l_ name artd common flames of every other' hazardous mat. er':ia.[ or containing a hazardous material hand.led by the business which is not otherwise .list. ed Dursuant 'to paragraph { 1) or (2). (4) The maximum amount of each hazardous material or mixture containing a hazardous material disclosed in paragraphs (1), (2), and (3) ~hich is bandied at. any one time by the business over the course of the year. 2) BUSINESS PLAN DOES NOT RECORD TIlE PROPER LOCATION OF ALL HAZARDOUS bIATERIALS WlTtlIN THE FACILITY. VIOLATION OF CALIFORNIA HEALTH AND SAFETY CODE, CHAPTER 6.95, 25509(A) The annual inventory form shall include, but shall not be limited 'to, information on all. of the follo~.:ing ~hieh are handled in quantities equal to or greater than t. he quantities equal to or greater than the ~uantities specified in subdivision (a) of Section 25503.5: Sufficient information on ho~ and ,~here the hazardous materials discIosed in DaragraDhs (1) , (2) , and (3) are handled by the business to aIlo~ fire, safety, heal th, and other aDDropriate Dersonnel to PreDate adequate emergency resDonses to Dotential releases of the hazardous materials. 3) ALI., ABOVE GROUND TANKS REQUIRE PROPER LABELS, AS WELL AS, TIIE BUILDING OR ROOM REQUIRES A SIGN. ' VIOLATION OF UFC 80.!11 ' (a) All aboveground storage tanks, pressure vessels and containers over 100, gallons (~ater capacity) r)ermanently installed, mounted or affixed and used for the storage of flammable and combustible liquids, ~ comDressed gases, or hazardous chemical, s regulated by %/ this article, shall be identified in accordance ~it.h ~.~ P-~ U.F.C. Standard No. 79-3. Labels shall conform 14ith U.F.C. Standard No. '?9-3 for size and color and shall be affixed to tank, vessel or container so as to be consDicuously visible at ali times. (b) When any tank cove,:ed in this section is }loused ~.~it. hin a building, the building shall have the same ha. zard identification label, i.n a consDicuous location on the exterior of the building. 4) ..,ON[AINERS OF MATERIALS NOT PROPERLY LABELED. VIOLATION OF OSIIA 1910.1200 (1) The chemical manufacturer, _im~.)ol"ter, or distributor shall ensure that each container of hazardous chemicals leaving the workplace ~s .la. beled, tagged or marked with the follo~ing information: (i)Identity of the hazardous chemical(s). (ii)Appropriate hazard warnings; and (iii)Name and address of the chemical manufacturer, importer, or other responsib_[e party. (4) Except as provided in paragraphs (3) and (4) *:he employer shall ensure that each container of hazardous chemicals in the ~orkplace is labeled, ta~ed, ,'or marked with the following information: (i)Identity of the hazardous chemical(s) contained therein; and (ii)Appropriate hazard ,~arnings. (5) The employer may use signs, placards, process sheets, batch tickets, operating procedures, or other such ~:ritten materials in lieu of affixing labels to individual stationary process containers, as ]_on~ as the alternative method identifies the containers 'to ~hich it is applicable and conveys the information rec]uired by paragi:aph (2) o,f this section to be on label. The ~.'rit%en materials shall be readily accessible to the employees ill their work' area throughout each ~o.rk shift, (7) The employer shall not remove of deface existing labels on incoming containers of hazardous chemicals, unless the container is immediately marked ~ith tile required information. (8) The employer shall ensure that labels or other forms of warnings are legible, in English, and ~.)rominently displayed on the container, or readily available in the work area throughout each ~.~or.'l~ shift. Employers having emp].oyees ~ho speak other languages may a,!d the information in their language to the material [)resented, as long as the information is p['esented in English as well. 5) NO WARNING FOR EXPOSURE TO CtlEMICALS KNOWN TO CAUSE CANC. ER. VIOLATION OF CALIFORNIA IIEALTII AND SAFETY CODE CHAPTER (3.6, SECT. 25249.6 Required Warning Before Exposure To Chemicals Known to Cause Cancer Or Reproductive Toxicity. No person in the course of doing business shall knowingl, y and intentionally expose any individual t.o a chemical kno~n to the state to cause cancer or reproductive toxicity without first giving clear and reasonable warning to such individual, except as provided in Section 25249.10. blATERIAL SAFETY DATA SHEETS NOT AVAILABLE. VIOLATION OF OSHA 1910.1200 (g} The employer shall maintain copies of the required material safety data sheets for each hazar'dous chemical in the ~orkplace, and shall ensure that they are readily acoessi, ble during each work shift to emp].oyees when they are in their ~¢ork area(s) (h)(1) INFORMATION. Employees shall be informed of: (i)The requirements of this section (ii)Any operations in their work area where hazardous chemicals are present; and, / (iii),The location and. availability of the .; written hazard eommunic'ation program, including th~, required listls) of hazardous chemicals, and material safety daLa sheets required by this.section. 71 III:GltbY TOXIC MATERIALS NOT PROPERLY STORED OR SEGREGATED IN BACK BUILDING. VIOLATION OF UFC 80. 107 (a) Highly toxic materials shall be segregated from ct;her Chemicals and combustible and flamutable substances " by storage out of doors or in a room or compartment separated from other areas by a one-hour occupancy separation constructed as specifi, ed in the l'~ui]dirLg Code. The storage room shall be provided ~oi~,h adecluaLe d['ainage facilities and natural or mechanical ven'ti]_aLion ho the outside atmosphere constructed specified in the Mechanical Code. EYCEPTION: Approved storage cabinets for hazardous materials may be used for limited amounts a-I:~p'roved by the chief. (b} Legible war'ni.l~g si. grls aild placards statih~ l:l~e natu~'e and location of l, he highly toxic matePials be posl,od at all el~tra~ces to areas whero suc:}~ materials are sLored or uaed. 8) PI,A'I?ING TANES PERMIT SPII,LAGE, ALSO THERE WERE SEV'ER:\I. LEAKING Sq .)R.'\(il~ DIi'UHS OF HATERIALS FOUN[), AND SEVF. I{..~[, OR IJNC. OVERED "ON'I'klI,iF_RS OF II.\Z:\RDOUS MATERIAL PRESENT. I H,APIO?.I OF IIFC: 80'.'q03iC) O'~ V' ( ' Det'octi. ve containers [v}~ich permit leakage"or api. llaga shall be disposed of or repaired i.n accordari~¢e ~Jth rec~ogni, zed safe practices; no spilled material shall, bc a].]o~-~ed to aoolimulate on floors or shelves. IlAZARDOUS MATER. IAi, S (WASTE} IHPROPERLY LEAI{ING ONTO TIIE G 1,~,()I l N D . VIOLATION OF C1t,6.5 OF THE CALIFORNIA IIEALTIi AND SAFETY CODE SECTION 25179.2 ' (c) The disposal, of untreated hazardous was t.~ .i~ or onto land adequate sat'eguards wi. [h otll'; technical ' r · ' threatens not onl~ the quality of ,the state s lar, d, ai-r', and ~ater resources, but poses a direct, haza~'d to health and safely by exposing the public I;o fha. t,. haveCbeen f:~ound t.o cause cancer, birt. h defec2t miscarriages, nervous di. aorclers, blood diseases, damage to vital organs and INSDEQUSTE MEASURES TO MI PIGATE ritE RELEASE OF IIAZARI')OUS HATERIAI..S FRObl PI,ATING TANI{S OR STORAGE CONTAINERS. VIOLATION OF CAI,IFORNIA HEALTH AND SAFETY CODE CHAPTER 6.95, 2550:1(B) Btis~.iric>s.-, plans~ shall incl~lde al. 1 of t:he roi Elli~s~'ge~cy response plans and procedures in 'l-,ht:~ event al' a reportable of t, hreatened release of a h:,zaJ;'do~l.s mat,:rial, ino.luding, but. not I trait, ed t'o, a'l I of Lbo l'ol. lo~ving: (l) Immediate notification to t. he administerJ~,~ agency and to appropriate local, emergency' rescue personnel and the office. (2) P:r'ocedures for the mi_ti.~ation of a ['elea~.~e orTM threatened release to minimize any pot:ential harm or damage to persons, property, or the environment. (3) Evacuation plans and procedures, ].nc_lud:i.n.a immediate notice, for t',he business si ke. 'rl~:~.. above violations 1, 2, 3, .i, 5, must be corrected by ,;~!]~(.; ?~8, 1988. Violations 6, 7, 8, 9, 10 must be corrected by July 14, 1988. The deI.;artment ~ill schedule a re-inspection of youc 'faci. lity to ve]:':i, fy compliance. If you have any questions regarding t'.his notice, please contact Ralph Huey at 326-3979. CITY of BAKERSFIELD FIRE DEPARTMENT D. S. NEEDHAM ~..../ 2101 H STREET BAKERSFILED, 93301 FIRE CHIEF 326-3911 JUNE 13 DF.'\t? l'.llg. BROOI(SHIRE: N(.)'I?IC:E OF VIOLATION AND SCItEDULE FOR COHPLIANCE ILL,, iNSPEC'.['ION OF YOUR BUS.[NESS BROC)I(SIIII~ES p " , I?3CATED AT 527 E. 19TH STREWr, BAKERSFIEIA), CA TIlE ~OLLOW'[NG IlAZARDOUS ~A'['ERIALS REGULATION V]'()LATJ;ONS WERE II)ENTIFIED: .[.,, E_,I()[~ OF tIAZARDOUS HATERIALS I~ YOUR IIUS.[~II:,,:,..~ 1't,SN :,(.(.hI[LEFE. A PARTIAL LIST OF ADDITIONAL H;~TEI'~I~AL,.q FOUND BUT NOT ON INVENTO[¢y I/NCLt~I)E: CY[,I'NDER ACETYLENE CYLINDER, CAUc'',', ~ ,-,~.~C SODA, CY:X, NIDE, NOTOR OIL, ETC. "" VIOLATION OF Cfi. 6.96 CAI~IF'OI~NI,,~. & SAFETY .(.,(.DE 25509(A)(1-4) The annua.1, inventory form shall ~:hieh ar'e handled in ff[rant;J. Lies equal f,l,e quan'tities specified J.n subdivisiot~ (a) of' 255O3.5: (1) A l. istin,~ o[' the chemica.I name r~nd common names of every hazardous stlbst, arlee or chemic:al Dr'oduot handted by the business. (2) The category o.f' wasfe, irtc.l, udJn.g the Eeneral chemical and mSneral eomposi-Eion of the i¢ast, e listed by probable maximum and m~llJ_muf~ concert[vat, ions, of every hazard, ot~ waste bandied by the business. ' · . (3) A list. inE o~' the ch(~m.i, ca.I [tame and common names of every other hazardous containin~ a hazardous mater, iai hand_l, ed by t. he bt.lsir]ess which is no[ otherwise list. ed Dtlrst~a~lt to papa,~raph (1) or (2). (4) The maximum amount of each hazardous material oz' mixture containing a hazardous material disclosed in paragraphs (1), (2), and (3) which is handled at any one time by the business over the course of the year. 2) BUSINESS PLAN DOES NOT RECORD TIlE PROPER LOCATION OF ALL tIAZARDOUS MATERIALS WIT}lIN THE FACILITY. VIOLATION OF CALIFORNIA tIEALTH AND SAFETY CODE, CHAPTER 6.95, 25509(A) The annual inventory form shall include, bu~ s~b. all not be limited to, information on all roi' the foliowin~ which are handled in quantities equal to or ~reater than the quantities equal to or greater than the ¢luantities specified in subdivision (al of Section 25503.5: Sufficient information on how and where the hazardous materials discIosed in paragraphs (l.), a~d (3) are handled by the business to allow s'.afety, health, and other appropriate personnel to ~>rel'mre adequate emergency responses to potential releases of the hazardous materials. Al, l, ABOVE GROUND TANKS REQUIRE PROPER LABELS, AS WELL AS, THE BUILDING OR ROOM REQUIRES A SIGN. VIOLATION OF UFC 80. 111 (a) All ab'oveground storage t, anks, ~)ressure vessels aud containers over 100, gallons (water capacity) [>ermanently installed, mounted or affixed and used for the storage of flammable and combustible liquids, compressed gases, or hazardous chemicals re~,ula'ted by this article, shall be identified in accordance with U,F.C. Standard No. 79-3. Labels shall conform with U.F.C. Standard No. 79-3 for size and color and shall be affixed to tank, vessel or container so as to be conspicuously visible at mi.[ lb) When any tank covered in this section is housed wit. bin a building, the building shall have ['.he same hazard identification ].abel. in a conspicuous location on the exterior of the building. CONTAINERS OF MATERIALS NOT PROPERLY LABELED. VIOLATION OF OSHA 1910.1200 (1) The chemical manufacturer, importer, or distributor shall ensure that each container hazardous chemicals leaving the workplace ].s labeled, tagged or marked ~ith the following information: (i)Identity of the hazardous chemica]_(s) . (ii)Appropriate hazard warnings; ant{ (iii)Name and address of the chemical manufacturer, importer, or other responsible party. (,1) Exoept as provided in paragraphs (3) attd ( the em~loyer shall ensure that each container of b:xzardous chemicals in the ~orkplaee is l. abeled, or marked with the follow, lng information: (i)Identity of the hazardous chemical(s) contained therein; and (ii)Appropriate hazard ~arnings. (5) The employer may use signs, placards, proc'e~s sheets, batch tickets, operating Drocedores, or other such w~:'itten materials in lieu of affixing labels individual s[:ationary process containers, as .[ol~ as the alternative method identifies the containers to ~hich is appIicable and conveys Lhe information reguired by para.~i:aph (2) o,f t. his section to be on l. abel. The written materials shall be readily accessible to the employees in their ~ork' area throughout each work shift. (7) The employer shall not remove of deface existing labels on incoming containers of hazardous ~:bemJ_cals, unless the container is immediately marked ~ith the required information. (8) The employer shall ensure that labels or other forms of warnings are legible, in English, and ~)rominently displayed on the conta.iner, or readily available in the ~ork area throughouh each ~,~o~'k Em[~loye~.s having employees ~,'ho speak ct;her lan~ua~(-~n may add the informahion in their language to the mat(~ria~l [)resented, as long as the informal, ion is presented in English as well. 5) NO WARNING FOR EXPOSURE TO CtlEMICALS KNONN TO CAUSE ~/? g.~;ANC ER. ', f()~ VIOLATION OF CALIFORNIA IIEALTIt AND SAFETY CODE CHAPTER 6.6, SECT. 252719.~:; Required Warnin~ Before Exposure To Chemicals Known to Cause Cancer Or Reproductive Toxicity. No Der'son in the course of doing business shall knowing].y and intentionally expose any individual to a chemica.l known to the state Eo cause cancer or reproductive t. oxic~ty ,~iEhout first giving clear and reasonable warning such individual, except as provided in Section 25219. 10. blATERIAL SAFETY DATA SHEETS NOT AVAILABLE. VIOLATION OF OSHA 1910. 1200 (~) The employer shall~,, maintain copies of' the qu.ired material safet data sheets for each Lazar'dc, us emical in the workplace, and shall ensure t, hat they readily accessible during each work shift to emoloyees when they are in their ~ork area(s) (h)(1) INFORMATION. Employees shall be informed of: (i)The requirements of this section (ii)Any operations in their ~,~ork area M~er'e hazardous chemicals are present; and, · ' (iii),The location and availability of the .~ written hazard communication 'pro~r"am, ineludin~ th~, required list(s) of ha:~ardous chemickls, and material safety data sheet, s required by this .section. 7) II[(]IIL'Y TOXIC MATERIALS NOT PROPERLY STORED OR SEGREGATED IN BACK BUILDING. Q ~' VIOLATION OF UFC 80.107 ~ (a) Ilighly toxic materials shall be se~re~at, ed from .~,'~ other chemicals and combustible and flammable substances }.~y storage out of doors or in a room or compartment ' separated from other areas by a one-hour occupancy ser3ar'ation constructed as specified tn the Buildin~ Cc, de. The storage room shall be provided ~eJtll adequate d.r'aina,~e facilities and natural or mechanical ventiiat, ion to the outside atmosphere constructed as specified in the Mechanical Code. EXCEPTION: Approved storage cabinets for hazardous ma'te~'ials may be used for limited amounts a-pproved by the chieF. (b) Legible ivar'ning signs and placards statin~ i;he ilatlll"e arid location of l, he highly toxic materials sl~ul] be posl,ed at all. ehLrances ~o a~'eas Ivher'e such mat. er'ia]a; are sl,ored or used. 8) PI,ATING TANKS PERblIT SPILLAGE, ALSO TIIERE IqERE SEVERAI, I.,EAKII'JG STORAGE DRIJHS OF HATERIALS FOUNI), AND SEVERAl, OR IJNC(~VERI?D Cf')N'I':~INERS OF IIAZARDOIfS b~A~ERIAL PRE,~EN~ . ~~ V'I'()I,ATIO}I OF IlFC 80'/q03(C) [)~}t:',.~ct:.i. va cont. a i. nera ~,Tlaich petunia; leal~a, ge "or aD.i.l'lagc: aha] I }}e disposed of of repaired in accordal'~r.~,c v;il;'h r'acogni:~ed s;a'l'e pr'ac[ict::s; no spilled mat;er'i, al shall bc a].lo~.~ed to accumt~late on floors or shelves, IIAZARDc)US blATI;~'I{.IAI,S (NASTE) IHPROPERLY LEAKING ONTO TIIE .... ~'~ D . AND SAFETY CODE SECTION 25179.2 "(c} The disposal of un't, reaLed hazardous or onto .l. and ~vit, hout; adequate technical. threakens not; only the clual, i~y of the state's la~d, air, and ~,ater resources, buL poses a direct, hazar'd heal't.h and safely by exoosing t;he pub].ic [o that have been found t,o cause cancer, birth miscacriages, nervous di. sorders, blood diseases, and damage to vital organs and genes". 10) INADEQUATE ~IEASURES TO NII'['IGATE TIlE RELEASE OF IIAZ2, RDOU~] HATERIALS 'FROH PLATING TANKS OR STORAGE CONTAINERS. . VIOI,ATION OF CALIFORNIA HEALTII AND SAFETY CODE CttAPTER 6.95, 25504(B) [h~sines~ plans shal. l include ali of the fo].lo~i.~: Emergency response plans and procedures in t.h~:~ eyelet of a reporl;abl, e of t'.hveatened fei. ease of a h;.~zaa:'dous mageri, al~ inc]udi, ng~ but not; .limit~d to, all oF the t~'ol.l.o~;ing: (].) Immediate notification to the administerin~ agency and to appropri~te ].oca]. emergellcy rescue personnel and the office, (2) Procedures for the mitJ. g~tion of a t'e.l, eas:e or threatened release to minimize any potent_iai harm or damage to uersons, proper'fy', or t. he environment. (3) Evacuation plans and procedures, .i. nc}udi~gf immediate notice, for the busi]~ess site. Th:, above violations 1, 2, 3, ,~, 5, must. be cot's:coted ,lu~., 78, 1988. Violations ~, 7, 8, 9, 10 must be corrected by July 14, 1988. The ,:tepart. ment ~¢ill schedule a re-inspection of your' facility to verify compliance. If you have any questions t-e.~arding l'his not, ice, please contact Ralph Iluey at 326-3979. ~u~terials Coordinator MARCH 8, 1988 BROOKSHIRES PLATING 527 E 19TH ST BAKERSFIELD, CA 93305 DEAR SIR: THE ENCLOSED "ACUTELY HAZARDOUS MATERIALS REGISTRATION FORM" MUST BE COMPLETED BY ANY BUSINESS, HANDLING ABOVE THE MINIMUM REPORTING QUANTITY ANY MATERIAL ON THE EPA LIST OF EXTREMELY HAZARDOUS SUBSTANCES. (FED. REGISTER VOL. 52, NO. 77, P. 133971. YOUR COMPANY HAS REPORTED HANDLING THE FOLLOWING ACUTELY HAZARDOUS MATERIALS: SODIUM CYANIDE PLEASE RETURN THE COMPLETED ACUTELY HAZARDOUS MATERIALS REGISTRATION FORM TO: HAZARDOUS MATERIALS DIVISION 2130 G STREET BAKERSFIELD, CA 93301 IF YOU HAVE ANY QUESTIONS REGARDING THIS FORM PLEASE CALL RALPH HUEY AT 326-3979. SINCERELY YOURS, RALPH E HUEY HAZARDOUS MATERIALS COORDINATOR REH:em ENCLOSURE I~,EP~; CO~ DISTRICT ATTORNEY _ HAZ MAT TAS~ FORCP A4~c~ : D~TE~ Personne! Ti~l~ No. Hrs. ~ ~ LABQRATQRY AND SAMPLE COST~ L&bratory 1 $ Laboratory 2' $ Storage/Handling/D~sposal $100.00 ADMINISTRATIYE COSTCO Total Personnel Hours x 9~ x Secretarial Hr. Rato x 9Xx PERSONNEL EGUIPI"IENT HILEA~E LABORATORY CO~T~ ' BAHPCE STORAGE ADHZNZSTRATZVE .......... ''''' ............... .·o .... $___..._ ...---. COST TOT~_ $ UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Bakersfield, CA October 1993 EPA TO CONDUCT REMOVAL EPA EJVlPEZARA UNA ACClON ACTION IN BAKERSFIELD EJVIERGENTE EN BAKERSFIELD The U.S. Environmental Protection Agency (EPA) will La Agencia para la Protecci6n del Medio Ambiente de conduct a removal action at the Brookshire Plating site in los Estados Unidos (EPA) conducira una acci6n de limpieza Bakersfield, California. The action is scheduled to begin the del sitioBrookshire en Bakersfield, CA. Esta acci6n empezara week of November ! and should take about four to sixweeks el 1 de noviembre y tomar~ de quatro a seis semanas para ser to complete. The site is located in a mixed light industrial, completada. E1 sitio est~ ubicado en un vecindario mixto de commercial and residential area on E. 19th Street. EPAwill residencias, comercios e industrias en la calle 19°. EPA be removing an estimated 500 cubic feet of contaminated sacar~ approximadamente 500 pies cubicos de desechos, 25 waste, 25 gallons of liquid waste and 500 cubic feet of galones de desechos liquidos y 500 pies cubicos de tierra contaminated soils from the property, contaminada del sitio. The site is a former plating facility which was closed in E1 sitio es una compafiia que fue cerrada en 1989, donde 1989. In July 1993, EPA conducted a preliminary assess- platiaban metales. La compafiia bafiaba metales en n~quel, ment of the site at the request of the Kern County Environ- cobre, cromo y bronce. En julio de 1993, a pedidos del mental Health Services Department. The sampling con- departamento de servicios de salud del medio ambiente del firmed the presence of cyanide, chromium, nickel, copper, condado de Kern, EPA condujo un estudio preliminario del zinc, lead and cadmium in concentrations that exceed Cali- sitio. E1 estudio confirmo la presencia de metales como fornia Total Threshold Level Concentrations (TI'LC) for cianuro, cromio, niquel, cobre, cinc, plomo y cadmio en hazardous wastes in site soils. EPA is performing this concentraciones que excedenlos niveles de desechos dafiinos removal action to mitigate the health risk which may be en las tierras permitidos por las leyes de California. La caused if a person comes into direct contact with the chemi-inquietud principal que EPA fiene es el riesgo que las cals onsite, personas toman al tener contacto directo a estos qu~micos. MAILING LIST/LISTA DE CORREO If you would like to receive information about the Brookshire Removal Action, but are not currently on the mailing list, please fill out this coupon and return it to Angeles Herrera, Community Relations Coordinator, U.S. EPA, 75 Hawthorne Street (H-l-l), San Francisco, CA 94105. Si no ha recibido recientemente la informaci6n acerca de actividades de limpieza en Brookshire por el correo, por favor complete este cup6n, mande 1o a: Angeles Herrera, Coordinador de Relaci6nes Comunitarias, U.S. Environmental Protection Agency, 75 Hawthorne St. (H-l-1), San Francisco, CA 94105 Name/Nombre Address/T)irecci6n City/Ciudad StatefEstado Zip/Codigo Affiliation/Organizaci6n Beginning the week of October 11993, EPA will Empezando el 1{ octubre de 1993, EPA empezanl a sample and characterize the site soils as all materials romar muestras y a caracterizar las tierras del sitio y todos los found in containers at the site. Hazardous wastes and materiales encontrados en los envases en el sitio. Despues, materials on site will then be prepared for proper transpor- los desechos peligrosos ymateriales del sitio seran preparados tation and disposal at an EPA approved disposal facility para ser transportados y desechados en una facilidad beginning November 1, 1993. aprobada por EPA empezando el 1 de noviember de 1993. Federal regulations mandate that workers in close prox- Las regulaciones federales requieren que se protejan los imity to hazardous materials be properly protected. There- trabajadores que se acercan a materiales contaminados. Por fore, workers on site will be seen wearing protective gear. esto, veran trabajadores usando ropa protectiva. Usted no You should not be alarmed by this. As a precaution, air tieneningunaraz6nparapreocuparse. Comounaprecaucion, monitoring will be performed to assure that no airborne muestras del aire seran tomadas para asegurar que contaminants are released to the nearby community. The contaminantes no escapen al vecindario. La unica only inconvenience that the removal action may cause resi- inconveniencia que esta acci6n podria causarles a los dents are traffic delays on Kern Street, due to the manage- residentes es el atraso del trafico dado a el manejamiento del ment of site equipment, equipo usado para llevar acabo esta acci6n. This removal action will mitigate the immediate threat Esta acci6n eliminara los riegos immediatos que este posed to the community by the site. If you have any sitio pre~enta a la comunidad. Si usted tiene alguna questions or would like more information on EPA in- pregunta o quisiera mas informaci6n acerca de las volvement at the Brookshire site in Bakersfield, please actividades en que EPA esta envuelta en el sitio contact: Brookshire en Bakersfield, California, por favor llame a: Angeles Herrera Community Relations Coordinator Angeles Herrera U.S. EPA, 75 Hawthorne Street (H-l-l) Cordinadora de Relaciones Comunitarias San Francisco, CA 94105 U.S. EPA 415/744-2182 or Toll-Free 1-800/231-3075 75 Hawthorne Street (H-l-l) EPA's Media Contact is: San Francisco, CA 94105 David Schmidt Office of Public Affairs U.S. EPA, 75 Hawthorne Street (E-2) San Francisco, CA 94105 415/744-1578 United States 1235 Mission Street (H-1-1) Environmental Protection Agency San Francisco, CA 94103 EPA Region 9 Attn: Angeles Herrera Official Business Penalty for Private Use, FIRST CLASS MAIL $300 U.S. POSTAGE PAID Permit No. G-35 INSIDE: EPA to remove waste material at former plating shop 10/08/93 17:13 ~41514 1605 IJ, S. EPA/OEA ~]001 San Francis, FAX TRANSMITTAL [~o~- ~ EPA Environmental ~' ~N 7~ nl .317-7360 50~101 G~NFR~ SERVICES ~MINIST~Ti~ ~ FOR I~EDIATE RELEASE: October 8, 1993 Contact: Dave sc~idt, U.S. EPA U.S. EPA BEGINS CLEANUP AT PLATING SHOP SITE IN BAKERSFIELD (San Francisco)-- The U.S; Environmental Protection Agency ' (u.s. EPA) today announced that it will start a hazardous waste cleanup at a former metal plating shop on the east side of Bakersfield early next week. The Brookshire Plating site is located in a mixed industrial, commercial, and residential neighborhood, at 527 East 19th St., Bakersfield. "U.S. EPA is taking action to permanently remove hazardous wastes that pose a threat to the health of people who live or work in the surrounding community," said Jeff Zelikson, U.S. EPA's regional director of hazardous waste management. The first phase of the cleanup, which will take place the week of October 11, involves taking samples of soil and materials found in containers at the site. After laboratory analysis of the samples, the wastes will be prepared for safe transport and removed to u.S. EPA-approved disposal facilities. The entire process is e~pected to take about two months. Earlier tests of soil at the site have confirmed the presence'of hazardous substances including cyanide, chromium, nickel, copper, zinc, lead and cadmium. U.S. EPA expects the cleanup will require removal of about 500 cubic feet of contaminated soils, 25 gallons of liquid wastes, and SOO cubic feet of contaminated solid waste. Since 1980, U.S. EPA has completed over 3,000 emergency response actions. The Superfund emergency response program covers i~ninent threats to human health and the environment. These situations range from acute, life-threatening hazardous substance spills to complex situations involving improper management of hazardous waste. . Printed on Recycled Paper. PUBLIC DEPARTMENT OF WORKS 1501 Truxtun Avclm¢ Bakersfield, Calit~ornia 93301 1805) 326-3724 DALE HAWLEY. Massager Aug 27, 1987 Mr. K. L. Brookshire Brookshire's Plating 527 E. 19th Street Bakersfield, CA 93305 Re: Application for Wastewater Discharge Permit & Wastewater Sample Results Dear Mr. BrookshireB After reviewing your Application for Wastewater Discharge Permit, the following questions need to be completedB Section A, Question 7~ Please specify your Standard Industrial Classification Number (SIC Code). Section B, Question 6~ Please list all chemicals used or stored on the premises. If Material Safety Data Sheets are available please submit copies for each chemical. You are required to develop and employ a Spill Prevention Control and Countermeasure Plan in order to contain major spills from plating tanks. The construction of a containment wall surrounding all plating and rinse tanks but excluding all drains is a Simple and effective method of fulfilling this requirement. The Spill Prevention Control & Countermeasure Plan must be submitted by October 1~ 1987 to the City's Wastwater Division. An inspection will be made in the future to determine a permanent samplin~ point. , Also, enclosed are copies of the analytical results of your electroplating waste discharge from samples obtained on June 10~ 1987. All results are within City and ~ederal limitations for electroplaters. If you have any questions regarding these matters please feel free to contact me.or. Fernando Lomas at Very truly yours, J. Dale Hawley Public Works Manager By~ Wen-Shi Cheung Wastewater Supervisor II Enclosure IIAKI';llSI;Ii:;ioU t;l'iY I, iI~,E UI:;I'AI(IMbI~If FORM 4A-I Page ..~f IIAZARDOUS NATERI ALS' INVENTORY ~:~~-~ ~E~ PIIONE ~:~ ~_~//~ ~0FFICIAI,oNLY USE CFIRS CODE 2 3 4 5 O 7 8 9 Io MAX ANNUAL CUNT USE LOCATION IN Tills AMOUNT AMOUNT UNIT CODE .CODE FACILITY UNIT ,,,WT. CIIEMIqAL OR COMMON NAME CODE GUIDE .... ~,:~ ~' ~ ~ ~'"~ I~$. T I TLE: S IONATURE. NER(;E.H(:Y CON'FACT: TITI, E: PIIONE J BUS IIOURS: '" AFTER BUS IIRS: ffi-;RnEHOY CONTACT: TITLE: PHONE ~ BUS IIOURS: :.i~iN(:ii,~Ai, BUSINESS ACTIVITY: AFTER BUS. lIES: BAKERSFIELD CITY FIRE DEPARTMENT I.D. # FORM 4A-1 Page~ NON--TRADE SECRETS HAZARDOUS MATERI ALS INVENTORY BUSINESS NAME OO ]~¢_¢__ OWNER NAME: FACILITY UNIT # ADDRESS: ' ADDRESS: FACILITY UNIT NAME: CITY, ZIP: CITY,ZIP: PtIONE ~: :' PHONE ~: ' [OFFICIAl, USE CFIRS CODE ONLY 1 2 3 4 5 6 7 8 9 10 TYPE MAX ANNUAL CONT USE LOCATION IN THIS · BY tIAZARD D.O.1 CODE AMOUNT AMOUNT UNIT CODE CODE FACILITY UNIT WT. CHEMIQAL OR COMMON NAME CODE GUID5 NA~E TITLE: fi I~ATURE: DATE: E~ERGENCY CONTACT: TITLE: PHONE ~ BUS HOURS: AFTER BUS tlRS: ~ERGENCY CONTACT: TITLE: PHONE ~ BUS HOURS: PRINCIPAL BUSINESS ACTIVITY: AFTER BUS HRS: I.D. # BAKERSFIELD CITY FIRE DEPARTMENT " FORM 4A-2 page ~' T R_~Z~ E SECRETS BUSINESS NAME: ff. OD;~jyp~ / OWNER NAME: FACILITY UNIT ADDRESS :__ ~ ADDRESS: C~TY, Z!~: FACILITY UNIT NAME: PHONE t: ,' CITY,ZIp: ·~ ~OF~iCIAL HSE CFiRS CODE TYPE ~AX A~IIAi, COHT USE I, Ol:ATtO~ i~ THIS ~ ]~ ~AZARD~D.O.T CODE AMOUNT AMOUNT . UNIT ,CODE ~CODE FACILITY UN{T '{T. CHE':.{fCAL OR COMMON NAME } CODR ~GIIIDE { NAME: TITLE: SIONATURS: OATE: EMERGENCY CONTACT: TITL2: PHONE # BUS HOURS: AFTER BUS HRS: EMERGENCY CONTACT: TITLE: PHONE ~ BUS HOURS: PRINCIP^L BUSINESS ACTIVITY: AFTER BUS }IRS: SECTION .3: HAZARDOUS MATERIALS FOR THIS b.~iT ONlY A. Does this Facility Unit contain Hazardous Materials? ...... If YES, see B. If A'O, continue with SECTION 4. any of the hazardous materials a bona fide Trade Secret YES B. Are !f No, complete a separate hazardous materials inventory form marked: NON-TRADE SECRETS ONLY (white form If Yes, complete a hazardous materials inventory form marked: TRADE SECRETS ONLY (yellow form =4A-2) in addition to the non-trade secret form. List oni¥ the trade secrets on form 4A-2. ~CT!ON 4: PRIVATE FIRE PROTECTTOX SECTION $: LOCATION OF WATER SL'PPL¥ FOR USE BY EMERGENCY RESPONDERS SECTIO.~ S.L_ IOCATIO.Y OF %'rILI_~ SHL~F-OFFS AT THIS L~IT B. ELECTRICAL: C. WATER: D. SPECIAL: LOCK BOX: YES .'~.-'F YES, LOCATIOD: [F \'ES, SrTE PLA~':S? YES / ~0 MSDSs? Y£S " FLOOR PLA2.TS? YES ." i';O KEYS? YES" BAKERSFIELD CITY FiRE DEPART?lENT 2150 "G" STREET BAKERSFIELD, CA 95301 0~FiC/:IL USE ONLY _ - BUSINESS .w,. ~,.: ~ ~us%N~$ PLAN SINGLE FACILITY UNIT FO~M INSTRUCTI 0NS I. To avoid further action, this form must be returned by: 2. TYPE/PRINT YOUR ANSWERS IN ENGLISH. 3. Answer the questions below for THE FACILITY UNIT LISTED EEi. 0W ~. Be as BRiE~ and CONCISE as possible.' FACILI~f ~IT: FACILI~ ~IT N~: SECTION 1: MITIGATION pR~N~ION ABA~ME5~ PROCEDb~ES -,,~ ~-~: PROCEDL-RES AT THIS L~."iT ONLY SECTION 2: NOTIFiCATiON - 7 - 3A - SECTION 4: PRIVATE RESPONSE TEAM FOR BUSINESS AS A WHOLE SECTION 5: LOCAL EMERGENCY MEDICAL ASSISTANCE FOR YOb~ BUSINESS AS A WHOLe; SECTXO S: E P OVZZ TmU X G EMPLOYERS ARE REQUIRED TO HAVE A PROGRAM WHICH PROVIDES EMPLOYEES WITH INITIAL AND REFRESHER TRAINING IN THE FOLLOWING AREAS. CIRCLE YES OR NO INITIAL REFRESHER A. METHODS FOR SAFE HANDLING OF HAZARDOUS · ~TERIALS: ....................................... YES NO YES NO B.PROCEDURES FOR COORDINATING ACTIVITIES WITH RESPONSE AGENCIES: .......................... YES ~O YES C. PROPER USE OF SAFETY EQUIPMENT: .................. YES NO YES NO D. EMERGENCY EVACUATION PROCEDURES: ................. ' YES NO YES NO E. D0 YOU ~INTAIN EMPLOYEE TRAINING RECORDS: ....... YES NO ,'.YES N0 SECTION 7: ~Z~DOUS ~TERI~ CIRCLE~- NO - NO~ DOES YOUR BUSINESS ~NDLE HAZARDOUS ~4TERIAL IN QUANTITIES LESS THAN 500 POUNDS 0F A SOLID. 5~ GALLONS OF A LIQUID. OR 200 CUBIC FEET OF A COMPRESSED GAS: ...... YES NO I, /~ g ~/~ ~ , certify that the above information is accurate. I understand that this information will.be used to fulfill my firm's obligations under the new California Health and Safety code on Hazardous Materials (Div. 20 Chapter 6.95 Sec. 25~00 Et Ai.) and that inaccurate information constitutes perjury. - 2B - · ..,~/-~/ ~""' 21_a0 "G" STREET RECEIVEI3 BAKERSFIELD, CA 93301 (805) 326-39'79 DEC 2 9 1987 t ns'd ............ 0FFICL&L USE ONLY I'-IA~ ARID O US b'~k"I' E i:~T A'r.s BUSINESS ,PLAN AS A WHOLE INSTRUCTI 0NS: 1. To avoid further action, return this form 2. TYPE/PRINT ANSWERS IN EMGLISH. 8. Answer the questions below for the business as a whole. 4. Be as brief and concise'as possible. SECTION 1: BUSINESS IDENTIFICATION DATA A. BUSINESS NAME:.~/~1'~' ~ ~ , ,~~ '~'"~-'- ........... B. LOCATION / STREET ADDRESS: k~t"t~ 7 ~' / ~ CITY: ~//~_~/~_~ ZIP: ~~-- BUS.-pH~NE: SECTION 2: EMERGENCY NOTIFICATIONS · In case of an emergency involvin~ the release or threatened release of a hazardous material, call 911 and 1-800-852-7550 or 1-916-427-4341. This will notify your local fire department and the State Office of Emergency Services as required by law. .. EMPLOYEES TO NOTIFY IN CASE OF EMERGENCY: NAME AND TITLE DURING BUS. HRS. AFTER BUS. HRS. B. Ph~ Ph~ SECTION 3: LOCATION OF UTILITY SHUT-OFFS FOR BUSINESS AS A WHOLE A. NAT.~PROPANE: B. ELECTRICAL: C. WATER: D. SPECIAL: E. LOCK BOX: YES / N~_~ IF YES, LOCATION: IF YES, DOES IT CONTAIN SITE PLANS? YES / NO MSDSS? YES / NO FLOOR PLANS? YES / NO KEYS? YES / NO - 2A -