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Home My WebLink AboutBUSINESS PLAN PROMISSORY NOTE $6,663.00 September 1, 2000 Bakersfield, California FOR VALUE RECEIVED, Herman H. Metcalf, individually, and dba Herman's Auto & Truck Painting ("Maker"), promises to pay to City of Bakersfield Certified Unified Program Agency ("Holder"), or order, the principal sum of Six Thousand Six Hundred Sixty-three Dollars ($6,663.00), payable in thirty (30) equal monthly installments of Two Hundred Twenty-two Dollars and Ten Cents ($222.10) on the first day of each month commencing on October 1, 2000 and continuing through March 1, 2003, on which date all sums outstanding under this Note shall be due and payable. Maker shall make payments in lawful money of the United States of America and in immediately available funds. All payments under this Note shall be made to Holder at City of Bakersfield, Certified Unified Program Agency, 1715 Chester Avenue, Bakersfield, California, 93301, or at such other address as Holder shall direct Maker in writing. Should Maker default in making any payment as and when due under this Note, Holder may, at its option, declare all amounts under this Note immediately due .and payable, with or without notice to Maker. This Note may be prepaid in whole or in part, without penalty, at the option of Maker and without the consent of Holder. Maker expressly agrees that this Note or any payment under this Note may be extended by Holder from time-to-time without in any way affecting the liability of Maker. Maker waives presentment, protest and demand, notice of protest, notice of demand and dishonor, and notice of nonpayment of this Note. Any of the terms or conditions of this Note may be waived by Holder, but no such waiver, shall affect or impair the rights of Holder to require observance, performance, or satisfaction, either of that term or condition as it applies on a subsequent occasion or of any other term or condition of this Note. This Note shall be governed by the laws of the State of California excluding its conflict of laws rules. The exclusive jurisdiction and venue of any legal action instituted by any party to this Note shall be Kern County, California. The prevailing party in any action (i) to collect payment on this Note, (ii) in connection with any dispute, that arises as to its enforcement, validity, or interpretation, whether or not legal action is instituted or prosecuted to judgment, or (iii) to enforce any judgment obtained in any related legal proceeding, Shall be entitled to all costs and expenses incurred, including attorney's fees. If any provision or any word, term, clause or part of any provision of this Note shall be invalid for any reason, the same shall be ineffective, but the remainder of this Note and of the provision shall not be affected and shall remain in full force and effect. "MAKER" HERMAN H. METCALF, INDIVIDUALLY, AND DBA HERMAN'S AUTO & TRUCK PAINTING BY: HERMAN H. METCALF Owner C TY oP B ERSP ELD 7/10/00 "~ ~cellaneous Receivables I ry 12:04:55 Customer ID . . . : 5269 Name: HERMAN AUTO BODY Last statement : 6/01/00 Addr: 532 BELLE TERRACE #4 Last invoice : 0/00/00 BAKERSFIELD, CA 93307 Current balance : 612.50 Pending ..... : .00 A ACTIVE ENVIRONMENTAL SERVICES Type options, press Enter. Combined Detail 5=Display Chg Bnk ~ Opt Trans Date Code Description Amount Balance Typ Cd L 6/01/00 stmrn Statements Processed .00 612.50 6/01/00 SS001 CA STATE SURCHARGE 10.00 612.50 A 6/01/00 HM017 }{AZ MAT ANNUAL INSPE 50.00 602.50 A 6/01/00 HM009 HAZ MAT HANDLING FEE 158.00 552.50 A 5/01/00 stmrn Statements Processed .00 394.50 4/01/00 stmrn Statements Processed .00 394.50 3/01/00 stmrn Statements Processed .00 394.50 2/01/00 stmrn Statements Processed .00 394.50 1/01/00 stmrn Statements Processed .00 394.50 + F3=Exit F12=Cancel * = Pending MR430107 ~ CITY OF BAKERSFIELDin~i 7/10/00 ~' ~ ~cellaneous Receivables ry 12:04:55 Customer ID . . . : 5269 Name: HERMAN AUTO BODY Last statement : 6/01/00 Addr: 532 BELLE TERRACE #4 Last invoice : 0/00/00 BAKERSFIELD, CA 93307 Current balance : 612.50 Pending ..... : .00 A ACTIVE ENVIRONMENTAL SERVICES Type options, press Enter. Combined Detail 5=Display Chg Bnk G Opt Trans Date Code Description AmOunt Balance Typ Cd L 4/01/99 stmrn Statements Processed .00 403.00 3/01/99 stmrn Statements Processed .00 403.00 2/01/99 stmrn Statements Processed .00 403.00 1/15/99 stmrn Statements Processed .00 403.00 1/15/99 SS001 CA STATE SURCHARGE 18.50 403.00 A 1/15/99 HM017 HAZ MAT ANNUAL INSPE 50.00 384.50 A 1/15/99 HM009 }{AZ MAT HANDLING FEE 158.00 334.50 A 1/01/99 stmrn Statements Processed .00 176.50 12/01/98 stmrn Statements Processed .00 176.50 + F3=Exit F12=Cancel * = Pending MR4B0107 CITY OF BAKERSFIELD ~ 7/10/00 3cellaneous Receivables I~iry 12:04:55 Customer ID . . . : 5269 Name: HERMAN AUTO BODY Last statement : 6/01/00 Addr: 532 BELLE TERRACE #4 Last invoice : 0/00/00 BAKERSFIELD, CA 93307 Current balance : 612.50 Pending ..... : .00 A ACTIVE ENVIRONMENTAL SERVICES Type options, press Enter. Combined Detail 5=Display Chg Bnk G Opt Trans Date Code Description Amount Balance Typ Cd L 12/01/99 stmrn Statements Processed .00 394.50 11/01/99 stmrn Statements Processed .00 394.50 10/01/99 stmrn Statements Processed 00 394.50 9/01/99 stmrn Statements Processed 00 394 50 8/01/99 stmrn Statements Processed 00 394 50 6/30/99 stmrn Statements Processed 00 394 50 6/01/99 stmrn Statements Processed 00 394 50 5/01/99 stmrn Statements Processed 00 394 50 4/30/99 SS001 Charge adjustment 8.50- 394 50 J + F3=Exit F12=Cancel * = Pending .~R4~0107 ~ CITY OF BAKERSFIELDi~ 7/10/00 ~ ~ '% ~cellaneous Receivables iry 12:04:55 Customer ID . . . : 5269 Name: HERMAN AUTO BODY Last statement : ~ 6/01/00 Addr: 532 BELLE TERRACE #4 Last invoice : 0/00/00 BAKERSFIELD, CA 93307 Current balance : 612.50 Pending ..... : .00 A ACTIVE ENVIRONMENTAL SERVICES Type options, press Enter. Combined Detail 5=Display Chg Bnk ~ Opt Trans Date Code Description Amount Balance Typ Cd L 11/01/98 stmrn Statements Processed .00 176.50 10/01/98 stmrn Statements Processed .00 176.50 9/01/98 stmrn Statements Processed .00 176.50 8/01/98 stmrn Statements Processed 00 176.50 6/30/98 stmrn Statements Processed 00 176.50 6/11/98 stmrn Statements Processed 00 176.50 6/01/98 stmrn Statements Processed 00 176.50 6/01/98 SS001 CA STATE SURCHARGE 18 50 176.50 A 6/01/98 HM009 HAZ MAT HANDLING FEE 158 00 158.00 A + F3=Exit F12=Cancel * = Pending HERMAN AUTO BODY SiteID: 015-021-001705 Manager : JOHN VORHEES BusPhone: (661) 832-9448 Location: 514 BELLE TERRACE Map : 124 CommHaz : Moderate City : BAKERSFIELD Grid: 06D FacUnits: 1 AOV: CommCode: BAKERSFIELD STATION 06 SIC Code:7538 EPA Numb: DunnBrad:93-029-4424 Emergency Contact / Title Emergency Contact / Title HERMAN METCALF / OWNER / Business phOne: (661) 832-9448x Business Phone: ( ) - x 24-Hour Phone : (661) 831-7414x '" ~< 24-Hour Phone :(~ /ii) - x Pager Phone : ( ) - x ~\~,Pager Phone ://(/~/, / ) - x Hazmat Hazards: ~ Fire / ,t~ ImmHlth DelHlth Contact : Phone: (661) 832-9448x MailAddr: 514 BELLE TERP~ACE ~ State: CA City : BAKERSFIELD h ~ ' ~ Zip : 93304 Owner HERMAN METCALF Phone: (661) 831-7417x Address : 514 BELLE TERRACE State: CA City : BAKERSFIELD ~ ~'~ Zip : 93304 Period : /:, ~ ~ ~ TotalASTs: = Gal ~ ~\ ~' ' //" TotalUSTs: = Gal Preparer: ~ ~ // .... Certif 'd: ~% RSs: No Emergency Directives: / THIS FACILITY ,IS A HAZARDOUS WASTE~'GENERATOR AND REQUIRES A JOINT INSPECTION WITH HOWARD WI~ES ~AND THE ENGINE COMPANY. PLEASE GIVE THIS OFFICE 5 DAYS NOTICE PRIOR TO SCHEDULING THE INSPECTION. ---- Hazmat Inventory ,,~,, One Unified List 9 , As Designated Order Ail Materials at Site ~ Hazmat Common Name... I SpocH~,EPA HazardsI Frm I DailyMax I unit MCP LAQUER THINNER F,, L 55.00 GAL Hi WASTE THINNER & PAINT F IH DH L 85.00 GAL Mod PAINT F IH DH L 55.00 GAL Mod ~ 1 ~~~ 02/27/2001 9TATENENT OF ACCOUNT CITY OF BAKERSFIELD P 0 BOX 2057 BAKERSFIELD, CA 93303-2057 TO: HERMAN AUTO ~ODV~ CHAR~ DAT~ D~CRIPTIDN?,:· .... RE~NU~DER DUE DA~E TOTAL A~OUNT ~:Z ..... ~-- I/O~/O~ ~E~INNIN~ ~ALANCE 894. 50 FOR QUESTIONS OR CHANOES TO YOUR ACCOUNT PLEASE CALL THE NUMBER AT THE TOP OF THIS STATEMENT. CURRENT OVER 30 OVER &O OVER 90 ~8~.00 &l~.50 DUE DATE: 3/05/01 PAYMENT DUE: 894.50 TOTAL DUE: $894.50 FINANCE DEPARTMENT CITY OF BAKERSFIELD "~ "~i~ . _. ._~ .t~.' ~ ,~ .. P.O. BOX 2057 .... , ;~, ?.~m , . .::_, BAKERSFIELD, CALIFORNIA 93303 ;:~:-. ' i.:-.L~j,: ; ..,'' ,- . ~; ,...'~ .' ~' · [.: ... l:,~,,.,~: ...... ..__:i'l~ ,,~'. R~URN SERVICE REQUESTED RETURN TO SENDER :HERMAN5 TRUCK AND AUTO ~ DELFINO LN , RETURN TO SENDER ~U.~.~. ~.~e? III,,,11,,,,,11,,11,,11,,,11,,,11,,,11,,,,,,1111,,,11,,,11,,,I FINANCE DEPARTMENT :MERMANS TRUCK AND ~UTO ~ ~ELF~NO LN BAKERSFIELD CA '~-~O:~,-'~O~? I1,1,,,,11.,11,11,,,,,t1,,,I,tl HERMAN AUTO BODY SiteID: 015-021-001705 Manager : ,JOi2~ vu~o / / BusPhone: (805) 832-9448 Locatio~:~B--2~BELLE TERR.ACE ~ //l ,~-~ Map : 124 CommHaz : Moderate City ~-~BAKERSFIELD - / Grid: 06D FacUnits: 1 AOV: CommCode: BAKERSFIELD STATION 06 SIC Code:7538 EPA Numb: DunnBrad:93-029-4424 Emergency Contact / Title Emergency Contact / Title HERMAN METCALF / OWNER JOIINVORII~E~ / Business Phone: (805) 832-9448x Business Phone: (805) 832-9448x 24-Hour Phone : (805) ~ 24-Hour Phone : (805) Pager Phone : ( ) fl/-3"'? x Pager Phone : (805) Hazmat Hazards: Fire ImmHlth. DelHlth Contact : ~j¥ Phone: ( ) - x MailAddr-~ BELLE TERRACE #4 State: CA City : BAKERSFIELD Zip : 93304 Owner HERMAN METCALF Phone: (805) Address :,~q~BELLE TERRACE #4 State: CA City : BAKERSFIELD Zip : 93304 Period : to TotalASTs: = Gal Preparer: TotalUSTs: = Gal Certif'd: RSs: No Emergency Directives: = Hazmat Inventory One Unified List --As Designated Order Ail Materials at Site Hazmat Common Name... ISpocHazlEPA HazardsI Frm DailyMax lUnitIMCP LAQUER THINNER F L ~ GAL Hi WASTE THINNER & PAINT F IH DH L 85.00 GAL Mod PAINT F IH DH L 55.00 GAL Mod I,//~/~:/c~_/'/7~x//'/7///~/~Ly Do hereby ce~i~ ~hm I have ~y~ or p~nt n~me) re~ie~ed ~hs a~ached h~a~ous mms~als manage- men~ plan for/~ ~ ~/~Yand ~hm i~ along with (Na~ ol Busine~) any corrections constitute a compls~e and correc~ man- agemen~ plan ~or my ~acili~. ~x~~ -~-~./~O~/~O_ 08/29/2000 ' ' Si~r~ture / HERMAN AUTO BODY SiteID: 015-021-001705 = Inventory Item 0001 Facility Unit: Fixed Containers at Site LAQUER THINNER Days On Site 365 Location within this Facility Unit Map: Grid: INSIDE ROLL UP DOOR EAST OF PAINT BOOTH. CAS# 67641 STATE ~ TYPE , PRESSURE TEMPERATURE CONTAINER TYPE Ambient Ambient DRUM / BARREL- METALL I C /Liquid /Pure AMOUNTS AT THIS LOCATION Largest Container I Daily Maximum Daily Average GALI 55.00 GAL 40.00' GAL %Wt. RS CAS# 30 00 kcetone No 67641 20 00 ?oluene No 108883 10 00 t-Propanol No 71238 10 00 t-Butyl Acetate No 123864 5 00 [ylene, Mixed No 1330207 5 00 ~ethanol No 67561 HAZARD ASSESSMENTS [TSecretINo N~S[Bi°HazINo Radioactive/Amount I EPANo/ Curies F HazardsI NFPA/// USDOT# I MCPHi 2 08/29/2000 HERMAN~ AUTO BODY SiteID: 015-021-001705 = Inventory Item 0002 Facility Unit: Fixed Containers at site WASTE THINNER & PAINT Days On Site 365 Location within this Facility Unit Map: Grid: INSIDE N ROLL UP DOOR OF PAINT BOOTH CAS# F STATE I TYPEWaste Ambient ~ PRESSURE I TEMPERATURE I Ambient CONTAINER TYPE DRUM/BARREL-METALLIC Liquid AMOUNTS AT THIS LOCATION Largest Container I Daily Maximum I Daily Average GAL I 85.00 GAL I 55.00 GAL HAZARDOUS COMPONENTS %Wt. ~S CAS# 100.00 Thinner N 8030306 HAZARD ASSESSMENTS -- TSecret RS BioHaz Radioactive/Amount I EPA Hazards NFPA USDOT# MCP No N° No No/ Curies i F IH DH / / / Mod = Inventory Item 0003 Facility Unit: Fixed Containers at Site ~lVUVl~ ~Vl~ / ~1~ ~ ~Vl~ PAINT Days On Site 365 Location within this Facility Unit Map: Grid: EAST WALL OF PAINT BOOTH CAS# r STATE TYPE PRESSURE TEMPERATURE CONTAINER TYPE Liquid Mixture Alabient ,Ambient METAL CONTAINR-NONDRUM AMOUNTS AT THIS LOCATION Largest Container I Daily Maximum Daily Average GALI 55.00 GAL 55.00 GAL %Wt. RS CAS# 25.00 Mineral Spirits No 8030306 15.00 Naphtha No 8030306 5.00 Methyl Ethyl Ketone No 78933 3.00 Ethylene Glycol No 107211 HAZARD ASSESSMENTS I TSecretl RS!Bi°Hazi Radi°active/Am°unt ! EPA Hazards NFPA I USDOT# I MOP No No No I No/ Curies F IH DH / / / Mod -3-- 08/29/2000 F HERMAN AUTO BODY SiteID: 015-021-001705 Fast Format ~ Notif./Evacuation/Medical Overall Site --Agency Notification 10/17/1995 TELEPHONE AVAILABLE IN EACH SERVICE BAY SO THAT EMERGENCY RESPONSE AGENCIES CAN BE NOTIFIED. -- Employee Notif./Evacuation 07/11/1997 INTERCOM CONNECTS SERVICE BAYS WITH FRONT OFFICE. WORD OF MOUTH WILL SUFFICE WITHIN EACH SERVICE BAY. -- Public Notif./Evacuation 10/17/1995 WORD OF MOUTH. PUBLIC IS NOT USUALLY ALLOWED IN SHOP AREA. Emergency Medical Plan 10/17/1995 MERCY HOSPITAL. -4- 08/29/2000 F HERMAN AUTO BODY SiteID: 015-021-001705 Fast Format = Mitigation/Prevent/Abatemt Overall Site --Release Prevention 10/17/1995 STORAGE RACKS~HOLD PAINT CANS -- Release Containment 10/17/1995 SHOP RAGS ARE AVAILABLE FOR SMALL SPILLS. LARGER SPILLS ARE ABSORBED WITH ABSORBenT. -- Clean Up 10/17/1995 LICENSED WASTE HAULER FOR PAINT AND LAQUER THINNER WASTE. Other Resource Activation -5- 08/29/2000 F HERMAN AUTO BODY SiteID: 015-021-001705 f Fast Format F Site Emergency Factors Overall Site Special Hazards --Utility Shut-Offs 07/11/1997 A) GAS - B) ELECTRIC - ~ SIDE OF BLDG C) WATER - ~ SIDE OF BLDG BY OFFICE DOOR D) SPECIAL - NONE E) LOCK BOX - NO -- Fire Protec./Avail. Water 07/11/1997 PRIVATE FIRE PROTECTION - FIRE EXTINGUISHERS THROUGHOUT NEAREST FIRE HYDRANT - ?????????? Building Occupancy Level 6 08/29/2000 HERMAN AUTO BODY SiteID: 015-021-001705 Fast Format ~ Training Overall Site -- Employee Training 07/11/1997 HOW MANY EMPLOYEES AT THIS FACILITY??????????? DO YOU HAVE MSDS SHEETS ON FILE????????? GIVE A BRIEF SUMMARY OF TRAINING PROGRAM: Page 2 --Held for Future Use -- Held for Future Use I -7- 08/29/2000 ' FD 1916 (Revised 8-15-86) CITY OF BAKERSFIELD ~FIRE DEPARTMENT OCCUPANCY DISTRICT BLOCK NO. DATE TO: . . ITITLE IFIRM OB D.B.A ( ADDRESS: ' - ~. ' ~ ...... IZIPCODE ' T~SINESS PHONE }HOME PHONE CORRECT ALL ~LOCATION OF VIO~TION .- -- VIO~TIONS ' 4' Violation No. ] ~ / REQUIREMENTS Combustible waste / Remove and safely dispose of all hazardous refuse and dry vegetation on the a~ove premises (U.F.C.) dry vegetation Provide noncombustible containers with tight fi~i,g lids for the storage of combustible waste and rubbish pending its safe disposal. (U.F.C.) Combustible Storage Relocate combustible storage to provide at least 3 feet clearance around motor fuse bonfire door ,(N.E.C.) (U.F.C.) Extinguishers Relocate fire exti~guishe~ s) so that they will be in a conspicious location, hanging on brackets with the top to the extinguisher not more than 5 feet above the floor. (N. F. P.K ~ 10) be immediately accessible for use in (area). (U.F.C.) Recharge all fire extinguishers. Fire extinguishem shall be seMced at lease once each yeac and/or after each use, by a person having a valid license or ce~ificate. (U.F.C.) Sighs Provide and maintain "EXIT" sign(s) with leHers 5 or mere inches in height over each required exit (door/window) to fire escape. (U.F.C.) Provide and maintain appropriate numbers on a contrasting background and ~isible from'the street to indicate the correct address of the building. (B.M.C.) (U.F.C.) Fire doom/fireSepamtions Repair ail (crack~hole~openings) in plasmr in "' (Iocabofl). Pla~e~ng shaft ream the su~a~ to hs o~giflal.fim ms~ co~oE (U.B.C.) (R~ov~Repair) (item ~ location). Serf-closing doom shall be design~ to close by gra~W, or ~ ~e action of a merchanical device, or by an approved smoke a~ heat sens~ive device. Seff-closinq doors shall have no ~achmen~ capable of prev~ting the oper~ion, of ~ c os nfl devic~ [U. FC.) E~ts Remove all obs~cfion from hal~ays. Maimain all means of eg~s ~ee of a~ storage. (U.F.C.) '. _ . Provide a co~a~in9 colo[~ and pe~mane~y {~t~l~ ~e~dc light over or near r~ ex~ indica~ it as an exiL (U.F.C.) Storage Remove all ~orage ancot other obstm~ions from (tim ~cape landings and s~i~ays ~air shahs). (~m escape~stair sha~ are to be maintained rrm from obsbu~ns at all ~me~) (U. FC.) ' .Fire protection appliances E~nsion cords shall not ~ used in lieu of permanent ap~ved ~. Install add~nal appm~d ele~l-o~l~s where,n~ed. (N. EC.) (U.F.C.) · Remo~ mulid~e a~achmea_ co~s Eom spe~fi~ ~cal cm~nim~: o~et (o~, plug' pe[.oudet): {N. EC.) (U.F.C.) · · . . : · ~her REOUIREMENT I / / Person receiving notice,Of violation: / /,. A. ,...EC.,O. W, .E MAO ,..0 COM.',A.C. I COURT ACTION MAY BE INITIATE. I/'"'"'[' / ' Signature I' AFTER VIOLATIONS ARE CORRECTED, RETURN BY ORDER OF.THE FIRE CHIEF ] Date Completed: ~$~T~n PROMISSORY NOTE $6,663.00 September 1, 2000 Bakersfield, California FOR VALUE RECEIVED, Herman H. Metcalf, individually, and dba Herman's Auto & Truck Painting ("Maker"), promises to pay to City of Bakersfield Certified Unified Program Agency ("Holder"), or order, the principal sum of Six Thousand Six Hundred Sixty-three Dollars ($6,663.00), payable in thirty (30) equal monthly installments of Two Hundred Twenty-two Dollars and Ten Cents ($222.10) on the first day of each month commencing on October 1, 2000 and continuing through March 1, 2003, on which date all sums outstanding under this Note shall be due and payable. Maker shall make payments in lawful money of the United States of America and in immediately available funds. All payments under this Note shall be made to Holder at City of Bakersfield, Certified Unified Program Agency, 1715 Chester Avenue, Bakersfield, California, 93301, or at such other address as Holder shall direct Maker in wdting. Should Maker default in making any payment as and when due under this Note, Holder may, at its option, declare all amounts under this Note immediately due and payable, with or without notice to Maker. This Note may be prepaid in whole or in part, without penalty, at the option of Maker and without the consent of Holder. Maker expressly agrees that this Note or any payment under this Note may be extended by Holder from time-to-time without in any way affecting the liability of Maker. Maker waives presentment, protest and demand, notice of protest, notice of demand and dishonor, and notice of nonpayment of this NOte. Any of the terms or conditions of this Note .may be waived by Holder, but no such waiver, shall affect or impair the rights of Holder to require observance, performance, or satisfaction, either of that term or condition as it applies on a subsequent occasion or of any other term or condition of this Note. This Note shall be governed by the laws of the State of California excluding its conflict of laws rules. The exclusive jurisdiction and venue of any legal action instituted by any party to this Note shall be Kern County, California. The prevailing party in any action (i) to collect paymenton this Note, (ii) in connection with any dispute that arises as to its enforcement, validity, or interpretation, whether or not legal action is instituted or prosecuted to judgment, or (iii) to enforce any judgment obtained in any related legal proceeding, shall be entitled to all costs and expenses incurred, including attorney's fees. · If any provision or any word, term, clause or part of any provision of this Note shall be invalid for any reason, the same shall be ineffective, but the remainder of this Note and of the provision shall not be affected and shall remain in full force and effect. "MAKER" HERMAN H. METCALF, INDIVIDUALLY, AND DBA HERMAN'S AUTO & TRUCK PAINTING / H~RMAN h.~I~iETC, j~F Owner STATE OF CALIFORNIA CITY OF BAKERSFIELD CERTIFIED UNIFIED PROGRAM AGENCY In the Matter of: ) Docket No.: 0001-03 ) HERMAN H. METCALF ) ORDER ON CONSENT AGREEMENT ) dba Herman's Auto & Truck Painting ) Health and Safety Code Section 25187 ) Respondent. ) ) 'INTRODUCTION 1.1. Parties. The Office of Environmental Services for the City of Bakersfield Fire Department, a Certified Unified Program Agency (CUPA) authorized by the Secretary of the California Environmental Protection Agency (Cal/EPA).to administer and enforce the Hazardous Substance Control Act in the City of Bakersfield, issues this Order on Consent Agreement (Order) to Herman H. Metcalf, doing business as Herman's Auto and Truck Painting (Herman's). 1.2. Site. 'Respondent generated, handled, treated, stored, and/or disposed of hazardous waste at the following site(s), including, but not limited to: 514 Belle Terrace, Bakersfield, California 93307. 1.3 Generator. The Respondent generated the following hazardous wastes: waste paint related materials (lacquer thinner / paint sludge),' an "ignitable" hazardous waste pursuant to title 22 of the California Code of'Regulations (CCR), section 66261.21, derived as a by-product of the auto and truck painting process at Herman's. 1.4 Jurisdiction. Section 25187 of the Health and Safe{y Code (HSC) authorizes the CUPA to order action necessary to correct violations and assess a penalty when the CUPA determines that any person has violated specified provisions of the Health and Safety Code or any permit, rule, regulation, standard, or requirement issued or adopted pursuant thereto. DETERMINATION OF VIOLATIONS 2. The CUPA hereby determines that Respondent violated: 2.1 The Hazardous Waste Control Law (Health & Safety Code section 251001 et seq.), to wit: section 25189.5. Disposal, treatment or storage at, or transportation to, facilities without permits or at unauthorized points. On or about January 1,2000, Herman's moved from the former location at 532 Belle Terrace #-4 to the current location at 514 Belle Terrace. At which time, hazardous wastes being stored at the former location in excess of the accumulation date for disposal were subsequently transported to the new location, where the same wastes continued to be stored in excess of their accumulation date for disposal. 2.2 The Hazardous Waste Control Law (Health & Safety Code section 251001 et seq.), to.wit: section 25189.6. Knowinqly or with reckless disreqard treating, handling, transporting, disposing, or storing in a manner causing unreasonable risk of fire, explosion, serious injury1 or death. On July 8, 2000, a vegetation fire-at an adjacent vacant field ignited several containers of flammable hazardous wastes being illegally stored on Herman's side of the property fence line, in violation of Title 22 of the California Code of Regulations, section 66265.176, which requires that ignitable or reactive wastes be stored at least 15 meters (50 feet) from the facility's property line. As a result of the hazardous wastes becoming involved in the adjacent property's vegetation fire, three Bakersfield City 2 Fire Department personnel sought medical evaluation and treatment for the hazardous waste exposures caused by this incident. 2.3 California Code of Requlations, Title 22, Division 4.5. Environmental Health Standards for the Management of Hazardous Waste, section 66001 etseq., to wit: sections 66265.37 and 66265.50. Failure to make arrangements with local authorities and have a contingency plan for the facility. A Hazardous Materials Management Plan had been on file and a Unified Permit issued by the CUPA for Herman's previous facility. No notification or modification of the Hazardous Materials Management Plan or transfer of the Unified Permit to the new location was made, nor was a Bakersfield City Business Licence obtained for the new facility. Additionally, Herman's has been painting without a paint booth at the new location, in' violation of Article 45 of the California Uniform Fire Code. SCHEDULE FOR COMPLIANCE 3. Based on the forgoing DETERMINATION OF VIOLATIONS, IT IS HEREBY ORDERED AND AGREED TO THAT: 3.1 Respondent Shall make arrangements to properly licence with the City of Bakersfield and apply for a permit to operate a paint booth and a Unified Permit for hazardous materials / hazardous waste facility within thirty (30) days from the effective 'date of this Order. Respondent shall submit a schedule for and 'description of the proposed transportation and disposal of all hazardous wastes generated at the facility for CUPA approval within fifteen (15) days from the effective date of this order. 3.2 Submittals. A copy of the completed hazardous waste manifest shall be sent to the CUPA, in care of: 3 Mr. Ralph Huey Director of Environmental Services City of Bakersfield 1715 Chester Avenue Bakersfield, California 93301 3.3 Communications. All approvals and decisions of the CUPA made regarding submittals and notifications will be communicated to Respondent in writing by the Director of Environmental Services, or his/her designee. No informal advice, guidance, suggestions, or comments by the CUPA regarding reports, plans, specifications, schedules, or any writings by the Respondent shall be construed to relieve Respondent of the obligation to obtain such formal approvals as may be required. 3.4 CUPA Review and Approval. If the CUPA determines that the schedule, or other submitted for approval pursuant to this order fails to comply with the order or fails to protect public health or safety or the environment, the CUPA may: a. Modify the document as deemed necessary and approve the document as modified, or b. Return the document to Respondent with recommended changes and a date by which Respondent with recommended changes and a date by which Respondent must submit to the CUPA a revised document incorporating the recommended changes. 3.5 Compliance with Applicable Laws. Respondent shall carry out this Order in compliance with all local, State, and federal requirements, including but not limited to requirements to obtain permits and to assure worker safety. 3.6 Endangerment during Implementation. In the event that the CUPA determines that any circumstances or activity (whether or not pursued in compliance with this Order) are creating an imminent or substantial endangerment to the health or welfare 4 of people on the site or in the surrounding area or to the environment, the CUPA may order Respondent to stop further implementation of this Order for such period of time as needed to abate the endangerment. Any deadline in this Order directly affected by a Stop Work Order under this section shall be extended for the term of the Stop Work Order. 3.7 Liability. Nothing in this Order shall constitute or be construed as a satisfaction or release from liability for any conditions or claims arising as a result of past, current, or future operations of Respondent...other than those violations alleged in section 2 of this order. Notwithstanding compliance with the terms of this Order, Respondent may be required to take further actions as are necessary to protect public health or welfare or the environment. 3.8 Data and Document Availability. Respondent shall permit the CUPA and its authorized representatives to inspect and copy all sampling, testing, monitoring, and other data generated by Respondent or on Respondent's behalf in any way pertaining to work undertaken pursuant to this Order. Respondent shall allow the CUPA and its authorized representatives to take duplicates of any samples collected by Respondent pursuant to this Order. Respondent shall maintain'a central depository of the data, reports, and other documents prepared pursuant to this Order. All such data, reports, and other documents shall be preserved by Respondent for a minimum of three years after the conclusion of all activities under this Order. If the CUPA requests that some or all of these documents be preserved for a longer period of time, Respondent shall either comply with that request, deliver the documents to the CUPA, or permit the CUPA to copy the documents prior to destruction. 3.9 Government Liabilities. The City of Bakersfield shall not be liable for injuries 5 or damages to persons or property resulting from acts or omissions by Respondent or related parties specified in paragraph 3.16 in carrying out activities pursuant to this Order, nor shall the City of Bakersfield be held as a party to any contract entered into by Respondent or its agents in carrying out activities pursuant to the Order. 3.10 Additional Enforcement Actions. By issuance of this Order, the CUPA does not waive the right to take further enforcement actions. 3.11 Incorporation of Plans and Reports. All plans, schedules, and reports that require CUPA approval and are submitted by respondent pursuant to this Order are incorporated in this Order upon approval by the CUPA. 3.12 Extension Request. If Respondent is unable to perform any activity or submit any document within the time required under this Order, the Respondent may, prior to expiration of the time, request an extension of time in writing. The extension request shall include a justification for the delay. 3.13 Extension Approvals. If the CUPA determines that good cause exists for an extension, it will grant the request and specify in writing a new compliance schedule. 3.14 Penalties for Noncompliance. Failure to comply with the terms of this Order may also subject Respondent to costs, penalties, and/or punitive damages for any costs incurred by the CUPA or other government agencies as a result of such failure, as provided by HSC section 25188 and other applicable provisions of law. 3.15 Parties Bound. This Order shall apply to and be binding upon Respondent, and its officers, directors and agents, including but not limited to individuals, and upon the CUPA and any successor agency that may have responsibility for and jurisdiction over the subject matter of this order. 6 PENALTY 4. The CUPA assesses a penalty of $ 6,000. Payment of the total penalty and fees of $ 6,663 is to be made in monthly installments of $222.10 per month for thirty (30) months, due on the first (1st ) day of each month, commencing on October 1, 2000, and continuing each successive month until the balance is paid in full. Respondent's check shall be made payable to City of Bakersfield, Certified Unified Program Agency, and shall identify the Respondent and Docket Number, as shown in the heading of this case. Respondent shall deliver the penalty payment to: Mr. Walter H. Porr, Jr. Deputy City Attorney City Attorney's Office City of Bakersfield 1501 Truxtun Avenue Bakersfield, California 93301 A photocopy of the check shall be sent to: ' Mr. Ralph Huey Director of Environmental Services City of Bakersfield 1715 Chester Avenue Bakersfield, California 93301 5. This Order is final and effective upon execution by the City and Respondent. 6. "Days" for purposes of this Order means calendar days. 7 Date of Issuance: August ,~D, 2000. · ~ Date Director of Environmental Services City of Bakersfield Herman's Auto ann Yruck-,~nting Date Typed or Printed Name of Respondent's Representative cc: Mr. Walter H. Porr, Jr. Deputy City Attorney City Attorney's Office City of Bakersfield 1501 Truxtun Avenue Bakersfield, CA 93301 8 ACKNOWLEDGMENT OF RECEIPT Without admitting the violations, I acknowledge receipt of this Enforcement Order, Statement to Respondent, Certification of Compliance form, and two copies of the form entitled Notice of Defense. DATED: k.~ ~;L Print Name and Title S:~AUG 2000\Consent Order(Herman).wpd PROMISSORY NOTE $6,663.00 September 1, 2000 Bakersfield, California FOR VALUE RECEIVED, Herman H. Metcalf, individually, and dba Herman's Auto & Truck Painting ("Maker"), promises to pay to City of Bakersfield Certified Unified Program Agency ("Holder"), or order, the principal sum of Six Thousand Six Hundred Sixty-three Dollars ($6,663.00), payable in thirty (30) equal monthly installments of Two Hundred Twenty-two Dollars and Ten Cents ($222.10) on the first day of each month commencing on October 1, 2000 and continuing through March 1, 2003, on which date all sums outstanding under this Note shall be due and payable. Maker shall make payments in lawful moneyofthe United States of America and in immediately available funds. All payments under this Note shall be made to Holder at City of Bakersfield, Certified Unified Program Agency, 1715 Chester Avenue, Bakersfield, California, 93301, or at such other address as Holder shall direct Maker in wdting. Should Maker default in making any.payment as and when due under this Note, Holder may, at its option, declare all amounts under this Note immediately due and payable, with or without notice to Maker. This Note may be prepaid in whole or in part, without penalty, at the option of Maker and without the consent of Holder. Maker expressly agrees that this Note or any payment under this Note may be extended by Holder from time-to-time without in any way affecting the liability of Maker. Maker waives presentment, protest and demand, notice of protest,, notice of demand and dishonor, and notice of nonpayment of this NOte. Any of the terms or conditions of this Note .may be waived by Holder, but no such waivershall affect or impair the rights of Holder to require observance, performance, or satisfaction, either of that term or condition as it applies on a subsequent occasion or of any other term or condition of this Note. This Note shall be governed by the laws of the State of California excluding its conflict of laws rules. The exclusive jurisdiction and venue of any legal action instituted by any party to this Note shall be Kern County, California. The prevailing party in any action (i) to collect paymenton this Note, (ii) in connection with any dispute that arises as to its enforcement, validity, or interpretation, whether or not legal action is instituted or prosecuted to judgment, or (iii) to enforce any judgment obtained in any related legal proceeding, shall be entitled to all costs and expenses incurred, including attorney's fees. If any provision or any word, term, clause or part of any provision of this Note shall be invalid for any reason, the same shall be ineffective, but the remainder of this Note and of the provision shall not be affected and shall remain in full force and effect. "MAKER" HERMAN H. METCALF, INDIVIDUALLY, AND DBA HERMAN'S AUTO & TRUCK PAINTING STATE OF CALIFORNIA CITY OF BAKERSFIELD CERTIFIED UNIFIED PROGRAM AGENCY In the Matter of: ) Docket No.: 0001-03 ) HERMAN H. METCALF ) ORDER ON CONSENT AGREEMENT ) dba Herman's Auto & Truck Painting ) Health and Safety Code Section 25187 ) Respondent. ) ) 'INTRODUCTION 1.1. Parties. The Office of Environmental Services for the City of Bakersfield Fire Department, a Certified Unified Program Agency (CUPA) authorized by the Secretary of the California Environmental Protection Agency (CaI/EPA).to administer and enforce the Hazardous Substance Control Act in the City of Bakersfield, issues this Order on Consent Agreement (Order) to Herman H. Metcalf, doing business as Herman's Auto and Truck Painting (Herman's). 1.2. Site. 'Respondent generated, handled, treated, stored, and/or disposed of hazardous waste at the following site(s), including, but not limited to: 514 Belle Terrace, Bakersfield, California 93307. 1.3 Generator. The Respondent generated the following hazardous wastes: waste paint related materials (lacquer thinner / paint sludge), an "ignitable" hazardous waste pursuant to title 22 of the California Code of'Regulations (CCR), section 66261.21, derived as a by-product of the auto and truck painting process at Herman's. 1.4 Jurisdiction. Section 25187 of the Health and Safety Code (HSC) authorizes the CUPA to order action necessary to correct violations and assess a penalty when the CUPA determines that any person has violated specified.provisions of the Health and Safety Code or any permit, rule, regulation, standard, or requirement issued or adopted pursuant thereto. DETERMINATION OF VIOLATIONS 2. The CUPA hereby determines that Respondent violated: 2.1 The Hazardous Waste Control Law (Health & Safety Code section 25100, et seq.), to wit: section 25189.5. Disposal, treatment or storage at, or transportation to, facilities without permits or at unauthorized points. On or about January 1,2000, Herman's moved from the former location at 532 Belle Terrace #4 to the current location at 514 Belle Terrace. At which time, hazardous wastes being stored at the former location in excess of the accumulation date for disposal were subsequently transported to the new location, where the same wastes continued to be stored in excess of their accumulation date for disposal. 2.2 The Hazardous Waste Control Law (Health & Safety Code section 25100, et seq.), to.wit: section 25189.6. Knowingly or with reckless disregard treating, handling, transporting, disposing, or storing in a manner causing unreasonable risk of fire, explosion, serious injury, or death. On July 8, 2000, a vegetation fire at an adjacent vacant field ignited several containers of flammable hazardous wastes being illegally stored on Herman's side of the property fence line, in violation of Title 22 of the California Code of Regulations, section 66265.176, which requires that ignitable or reactive wastes be stored at least 15 meters (50 feet) from the facility's property line. As a result of the hazardous wastes becoming involved in the adjacent property's vegetation fire, three Bakersfield City 2 Fire Department personnel sought medical evaluation and treatment for the hazardous waste exposures caused by this incident. 2.3 California Code of Regulations, Title 22, Division 4.5. Environmental Health Standards for the Management of Hazardous Waste, section 66001 etseq., to wit: sections 66265.37 and 66265.50. Failure to make arrangements with local authorities and have a contingency plan for the facility. A Hazardous Materials Management Plan had been on file and a Unified Permit issued by the CUPA for Herman's previous facility. No notification or modification of the Hazardous Materials Management Plan or transfer of the Unified Permit to the new location was made, nor was a Bakersfield City Business Licence obtained for the new facility. Additionally, Herman's has been painting without a paint booth at the new location, in violation of Article 45 of the California Uniform Fire Code. SCHEDULE FOR COMPLIANCE 3. Based on the forgoing DETERMINATION OF VIOLATIONS, IT IS HEREBY ORDERED AND AGREED TO THAT: 3.1 Respondent Shall make arrangements to properly licence with the City of Bakersfield and apply for a permit to operate a paint booth and a Unified Permit for hazardous materials / hazardous waste facility within thirty (30) days from the effective date of this Order. Respondent shall, submit a schedule for and description of the proposed transportation and disposal of all hazardous wastes generated at the facility for CUPA approval within fifteen (15) days from the effective date of this order. 3.2 Submittals. A copy of the completed hazardous waste manifest shall be sent to the CUPA, in care of: Mr. Ralph Huey Director of Environmental Services City of Bakersfield 1715 Chester Avenue Bakersfield, California 93301 3.3 Communications. All approvals and decisions of the CUPA made regarding submittals and notifications will be communicated to Respondent in writing by the Director of Environmental Services, or his/her designee. No informal advice, guidance, suggestions, or comments by the CUPA regarding reports, plans, specifications, schedules, or any writings by the Respondent shall be construed to relieve Respondent of the obligation to obtain such formal approvals as may be required. 3.4 CUPA Review and Approval. If the CUPA determines that the schedule, or other submitted for approval pursuant to this order fails to comply with the order or fails to protect public health or safety or the environment, the CUPA may: a. Modify the document as deemed necessary and approve the document as modified, or b. Return the document to Respondent with recommended changes and a date by which Respondent with recommended changes and a date by which Respondent must submit to the CUPA a revised document incorporating the recommended changes. 3.5 Compliance with Applicable Laws. Respondent shall carry out this Order in compliance with all local, State, and federal requirements, including but not limited to requirements to obtain permits and to assure worker safety. 3.6 Endangerment during Implementation. In the event that the CUPA determines that any circumstances or activity (whether or not pursued in compliance with this Order) are creating an imminent or substantial endangerment to the health or welfare 4 of people on the site or in the surrounding area orto the environment, the CUPA may order Respondent to stop further implementation of this Order for such period of time as needed to abate the endangerment. Any deadline in this Order directly affected by a Stop Work Order under this section shall be extended for the term of the Stop Work Order. 3.7 Liability. Nothing in this Order shall constitute or be construed as a satisfaction or release from liability for any conditions or claims arising as a result of past, current, or future operations of Respondent...other than those violations alleged in section 2 of this order. Notwithstanding compliance with the terms of this Order, Respondent may be required to take further actions as are necessary to protect public health or welfare or the environment. 3.8 Data and Document Availability. Respondent shall permit the CUPA and its authorized representatives to inspect and copy all sampling, testing, monitoring, and other data generated by Respondent or on Respondent's behalf in any way pertaining to work undertaken pursuant to this Order. Respondent shall allow the CUPA and its authorized representatives to take duplicates of any samples collected by Respondent pursuant to this Order. Respondent shall maintain a central depository of the data, reports, and other documents prepared pursuant to this Order. All such data, reports, and other documents shall be preserved by Respondent for a minimum of three years after the conclusion of all activities under this Order. If the CUPA requests that some or all of these documents be preserved for a longer period of time, Respondent shall either comply with that request, deliver the documents to the CUPA, or permit the CUPA to copy the documents prior to destruction. 3.9 Government Liabilities. The City of Bakersfield shall not be liable for injuries 5 or damages to persons or property resulting from acts or omissions by Respondent or related parties specified in paragraph 3.16 in carrying out activities pursuant to this Order, nor shall the City of Bakersfield be 'held as a party to any contract entered into by Respondent or its agents in carrying out activities pursuant to the Order. 3.10 Additional Enforcement Actions. By issuance of this Order, the CUPA does not waive the right to take further enforcement actions. 3.11 Incorporation of Plans and Reports. All plans, schedules, and reports that require CUPA approval and are submitted by respondent pursuant to this Order are incorporated in this Order upon approval by the CUPA. 3.12 Extension Request. If Respondent is unable to perform any activity or submit any document within the time required under this Order, the Respondent may, prior to expiration of the time, request an extension of time in writing. The extension request shall include a justification for the delay. 3.13 Extension Approvals. If the CUPA determines that good cause exists for an extension, it will grant the request and specify in writing a new compliance schedule. 3.14 Penalties for Noncompliance. Failure to comply with the terms ofthis Order may also subject Respondent to costs, penalties, and/or punitive damages for any costs incurred by the CU PA or other government agencies as a result of such failure, as provided by HSC section 25188 and other applicable provisions of law. 3.15 Parties Bound. This Order shall apply to and be binding upon Respondent, and its officers, directors and agents, including but not limited to individuals, and upon the CUPA and any successor agency that may have responsibility for and jurisdiction over the subject matter of this order. 6 PENALTY 4. The CUPA assesses a penalty of $ 6,000. Payment of the total penalty and fees of $ 6,663 is to be made in monthly installments of $222.10 per month for thirty (30) months, due on the first (1st ) day of each month, commencing on October 1, 2000, and continuing each successive month until the balance is paid in full. Respondent's check shall be made payable to City of Bakersfield, Certified Unified Program Agency, and shall identify the Respondent and Docket Number, as shown in the heading of this case. Respondent shall deliver the penalty payment to: Mr. Walter H. Porr, Jr. Deputy City Attorney City Attorney's Office City of Bakersfield 1501 Truxtun Avenue Bakersfield, California 93301 A photocopy of the check shall be sent to: Mr. Ralph Huey Director of Environmental Services City of Bakersfield 1715 Chester Avenue Bakersfield, California 93301 5. This Order is final and effective upon execution by the City and Respondent. 6. "Days" for purposes of this Order means calendar days. 7 Date of Issuance: August 30, 2000. Mr.VF~alph/Huey¥ · ~ Date Director of Fnvironmental Services City of Bakersfield Herman's Auto ~1 Truck,~inting Date Typed or Printed Name of Respondent's Representative cc: Mr. Walter H. Porr, Jr. Deputy City Attorney City Attorney's Office City of Bakersfield 1501 Truxtun Avenue Bakersfield, CA 93301 ACKNOWLEDGMENT OF RECEIPT Without admitting the violations, I acknowledge receipt of this Enforcement Order, Statement to Respondent, Certification of Compliance form, and two copies of the form entitled Notice of Defense. DATED: ~.~~ /' ~ignhture .... Print Name and Title S:~AUG 2000\Consent Order(Herman).wpd ACKNOWLEDGMENT OF RECEIPT Without admitting the violations, I acknowledge receipt of this Enforcement Order, Statement to Respondent, Certification of Compliance form, and two copies of the form entitled Notice of Defense. DATED: ~/°~ ~////~0 Slgnature ' , Print Name and Title S:~AUG 2000\EnforcementOrder(Herman).wpd STATE OF CALIFORNIA CITY OF BAKERSFIELD CERTIFIED UNIFIED PROGRAM AGENCY In the Matter of: ) Docket No. 0001-03 ) HERMAN H. METCALF ) CERTIFICATION OF COMPLIANCE ) dba Herman's Auto & Truck Painting ) ) ) Respondent. ) ,) I, ,~:.~¢~z2 //"//'///¢~_"~,¢////.2 , certify under Penalty of law that: ! 1. Respondent has corrected the violations specified in the above-entitled action. 2. I have personally examined any documentation attached to this certification to establish that the violations have been corrected. 3. Based on my examination of the attached documentation and inquiry of the individuals who prepared or obtained it, I believe that the information is true, accurate and complete. 4. I am authorized to file this certification on behalf of the Respondent. 5. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. Dated: ~:rC'/Z¢ Title: S:~AUG 2000\CertificationofCompliance(Herman).wpd '~L BAKERSFIELD FIRE DEPARTMENT ~ ........ ~ OFFICE OF ENVIRONMENTAL SERVICES ~ ~ rttt~ ~ PRELIMINARY INVESTIGATION REPORT ~a ~ rM~J~r r Hazardous Materials Specialist File Name: S:LAUG 2000x/-Ierman Prelim Inv.wpd Report Date: August 15, 2000 Incident: 29988 & 30135 (initial & subsequent response on the following day) Location: Herman's Auto & Truck Painting 514 Belle Terrace Bakersfield, CA 93307 Incident Date: July 8, 2000 Violation: Illegal & reckless storage of flammable liquid hazardous wastes resulting in a "bleve" fire condition where hazardous waste containers exploded. Statute: Sections 25189.5, 25189.6 California Health & Safety Code Sections 66265.37 & 66265.50 Cali£omia Code of Regulations Penalty: $ 9000 Suspect-1: Herman H. Metcalf, owner Herman's Auto & Truck Painting Witness - 1: Capt. Bryan Perry BFD Station 6 Wintness -2: Capt. John Germanetti BFD Station 6 Narrative: On Saturday, July 8, 2000 at approx. 2000 hrs, I received notification from Fire dispatch that Haz-Mat- 11 requesting assistance in issuing a Citation to the owner of the hazardous waste involved in the fire. I advised HM-11 to not write a court citation, but to issue a Notice of Violation instead. I determined at call time that issuing a citation on site may preclude other formal enforcement action fi.om being taken. An NOV (#671) was written by Capt. Perry and issued to Herman METCALF on site for violation of Uniform Fire Code Section 8001.5 Unauthorized release of a hazardous material. On the following day, July 9, 2000, I was re-dispatched to respond to Engine 6 at 514 Belle Terrace where the fire from the previous evening was still smoldering. METCALF was also on scene, and I issued him a Correction Notice (#976) to "properly dispose of all waste containers by a licenced hazardous waste hauler & disposal company, no later than July 14, 2000. (Violation of Health & Safety Code 25201a) Follow-up of NOV #671 issued 7/8/2000 B. Perry." I took PhOtographs of the various waste piles on site, including the containers involved in the fire. (Photos on file). On Monday, July 10, 2000, I returned to the site with Arson Capt. Dennis Evans to obtain permission from METCALF to take Samples of the waste from the containers on site. I was granted verbal permission, in the presence of Capt. Evans, from METCALF to take the samples. I took two samples, on from a 5 gallon can of waste thinner and paint mixture (Waste Sample #1), and a second sample from a 30 gallon drum which had bleved in the fire (Waste Sample #2). The flash point for samples 1 & 2 were 48 and 65 degrees Fahrenheit, respectively. Flash points below 140 degrees F qualify as an "ignitable" hazardous waste. (Photos of the samples on file). On August 15, an Administrative Enforcement Order was drafted and forwarded to Ralph Huey, Director of Environmental Services for his review and disposition. Noting further at this time. Cost of Response: July 8, 2000 Engine 6 & Crew (see spreadsheet) Squad 5 & Crew (see spreadsheet) Squad 1 & Crew (see spreadsheet) Haz-Mat-11 & Crew (see spreadsheet) Batt. Chief (see spreadsheet) HMS: Haz-Mat Spec. H. Wines (2 hr ~ $75/hr = $150) July 9, 2000 Engine 6 & Crew (see spreadsheet) Batt. Chief: (see spreadsheet) HMS: Haz-Mat Spec. H. Wines (6 hr ~ $75/hr = $450) July 10, 2000 AP-2: Capt. Evans (see spreadsheet) HMS: Haz-Mat Spec. H. Wines (1 hr ~ $75/hr = $75) Lab Analysis: Zalco Laboratories ($66) Aug. 15, 2000 Case Preparation: H. Wines/R. Huey (10 hrs ~ $75/hr = $750) Total Cost Recovery ........ ............................................ $2949.12 Administrative Enforcement Action - Herman's Truck Painting Preliminary Investigation Report Page 3 Penalty Calculation Pursuant to Title 22 of the California Code of Regulations Actual or Potential Harm: Waste flammable petroleum solvent is considered a "Moderate" actual or potential harm. (66272.63(b)(2)(B)) Extent of Deviation: Illegal disposal is Considered a "Major" violation. The disposal requirement was completely ignored. (66272.63(c)(2)(A)) Initial Base Penalty: $15,000 (66272.63(d)) Additional Penalties: N/A. (66272.63(e)) Intent (before the fact): N/A. (66272.64(a)) Total Base Penalty: $15,000 Adjustment Factors: (66272.64(b)) Cooperation and Effort: Multiplier (0.75 to 1.0) (66272.65(a)) $12,000 Good faith cooperation (0.8) Prophylactic Effect: Multiplier (0.5 to 2.0) Penalty effect on both the violator & regulated community. The penalty should not be too severe, nor too lenient for the type of industry involved (locally owned and operated paint shops). (0.75) $ 9,000 Economic Benefit: Avoided disposal costs for a period of approximately three years. Ability to Pay: Violator must demonstrate inability to pay full amount or make arrangements to pay installments through Finance Department. (Example: a 36 month payment schedule of $250 per month). Final Adjusted Penalty: $ 9,000 attachment: Fire Response Cost Spreadsheet Fire Incident Reports PERSONNEL ON SCENE HOUF RATE TOTAL CAPTAIN @ 23.32 23.32 46.64 2.00 23.32 46.64 2.00 23.32 46.64 . 1.00 23.32 23.32 , 163.24 FRINGES AT 53% 86.52 ENGINEER @ 19.52 2.00 19.52 39.04 2.00 19.52 39.04 2.00 19.52 39.04 2.00 19.52 39.0~. 2.00 19.52 39.04 195.20 FIREFIGHTER @ 17.67 2.00 17.67 35.34 2.00 17.67 35.34 2100 17.67 35.34 2.00 17.67 35.34 0.00 17.67 0.00 141.36 336.56 FRINGES @ 53% 178.38 BATTALION CHIEF @ 28.30 2.00 28.30 56.60 2.00 28.30 56.60 113.20 ASSISTANT CHIEF @ 46.57 0.00 46.57 0.00 0.00 113.20 FRINGES AT 53% 60.00 VEHICLES ON SCENE HOURS RATE TOTAL HAZ-MAT VAN 2.00 34.00 68.00 ENGINE 2.00 39.00 78.00 ENGINE 2.00 39.00 78.00 PATROL 2.00 35.00 70.00 BATTALION CHIEF* 2.00 14.00 28.00 BATTALION CHIEF* 2.00 14.00 28.00 ARSON INVESTIGATOR 1.00 14.00 14.00 TRUCK 1 0.00 114.00 0.00 VEHICLE TOTAL ' 364.00 SUBTOTAL 1301.89 ADMINISTRATIVE OVERHEAD 12% 156.23 TOTAL INVOICE 1458.12 *Battalion Chief Car and Assistant Chief Car are charged at minimum daily rates. a:\Bill\Cardlock SECTION A FIRE CIDENT REPORT I CFIRS 1 FDID I Incident number 15005 01-00-029988-000 CORRECTIONSADD ' CITY OF BAKERSFIELD FIRE I Multi-agency incident number Date I Dispatch I Arrive I End I Addl days I First in co. I District 7/08/00 1759 1804 1949 00 E06 12405 I Sit'l~)15, found I Mut.8 aid I Met 7. of alarm I Weather 1 I Temp. . 000 I Prp. managel Incident address/Location 514 E BELLE TERRACE ST, BAKERSFIELD, CA Room/Apartment I ~iP3304code I Census tract I Fire hazard severity zone Fire personnel Engines Trucks Rescue 9 I Volunteers 0 I I 0 0 IOther vehicles4 code I Name Phone number CO METCALF, HERMAN (661) 831-7417 Address 641 DELFINO, BAKERSFIELD, CA, 93304 Gen~2PrP' I Spe~3PrP' I OCC'H4type I.Str'l type Str2. ets. I Ccc. at time SECTION B COMPLETE FOR ALL FIRES Action(s) taken I Fire Area Level Hzn. dis. Form of heat I Ign~ fact. 15 ' origin: 94 A01 00 99 1 Sex I Age I Sex I Age I Type mat'93 I Form98 mat. I Fact212' 1 I Fact. 2 I Meth°d5 Est. property loss I Est. contents0 l°ss I FUelA m°del I Acres burned 5.0 SECTION F COMPLETE FOR HAZMAT OES c°ntr°l I HazmatArea: 94 release Level: A01 Release 96 fact°rs I C°ntrib'700 factOrs I No. of chemicals I EquiP'l 98 involved HAZMAT71 act.(s)taken I Disp.lOf inc. I ID sources I Ref. materials IFS casualty I CIV casualty 11 15 Inj: 0 Fatal: 0 Inj: 0 Fa%al: 0 NARRATIVE: Title Entered by employee Entry date Description Dispatch narrative 7/08/00 St°rYEgf6 alarm PERRY, BRYAN 7/08/00 responded to grass fire at E Belle Terrace and Union Upon arrival E6 found a large grass fire to a vacant lot behind 514 ~ Belle Terrace. E6 took the North West flank of fire and Sqd 5 took the South East ~lank. Approx 5 acres invloved. E6 requested an additional Sqd and ~qd 1 was dispatched. FF T Ortiz a~ Engr A Johnson were attempting containment on their agsigoment, however, the fire crossed a fence line and involved ~%ored Hazardous Waste in various 5 gal, 15 gal and 55 gal drums Located on the property of 514 E.BelIe Terrace. Sqd 5 crew fought the NARRATIVE: Title Entered by employee Entry date Description Storyrof alarm PERRY, BRYAN 7/08/00 tire in smoke conditions from the involved hazardous waste containers to protect a tractor trailer with Molten Sulfur placards. ID. A container bleved and Co6 officer went to their location to investigate. When I recognized crews were operating in a hazardous atmosphere, Sqd 5 crew and I evacuated up wind to a safe location. Batt 2 was notified that Hazardous Waste had been impenged and tractor trailer threatened. qd I arrived O~S and was assigngd to co~fin~ fiKe to West propgrty. att2 arrived O/S at 1827 hrs ana requested ~az mat 11 response to determine threat of personel safety and Haz Mat waste. At this time fire involving containers was knocked down but still smoldering. HMll arrived O/S and determined possible improper storage of Haz Waste and Containers, after consulting Howard Wines from Bakersfield Citys Enviormental Services Also it had been determined crew members.operating ~n location of Haz Waste involved in fire could have inna±ea toxic smoke. Owner of business ~rr~ved. O/S,Howa~d Metcalf and was questioned about the. origin of Haz waste. ~e a~mite~ responsi~ilty f9r storing containers on his business propgrty. A.violation notice was given.. Knock down and mop up of grass tire anG residual fire was completed, ~nd all units were C/A. Crew memebers,,Capt B~er~y Engr~AJohnson and FF T Ortiz went to Memorial Hosp for eva±uat~on anG test for inhilation exposure. SECTION A FIRE~RVICE CFIRS 2 .... CASUALTY REPORT FDID Incident number 15005 01-00-029988-000 CORRECTIONS CITY OF BAKERSFIELD FIRE Multi-agency incident number ADD Incident address/Location 514 E BELLE TERRACE ST, BAKERSFIELD, CA Room/Apartment I ZiD code time 93304 I Incident date 7/08/00 I Dispatch 1759 SECTION B Casualt~ number I SeXl I Date 7/27/60 of birth I A~ I Service date I Name I Phone number AddreSs 5414 COVE CT, BAKERSFIELD, CA, 93312 Social571-31-3509 Security Number I Employee status I Employeelassignment Casualty date 19:30 Iseverity 9~ympt°m I Sec 7/08700 I Casualty time 1 ITM' . symptom Part(~ of body affected I Act. at time31 of cas. I Where casualty 21 occured Cause of411 casualty I Medical care5 provided Dispositionl of casualty Equipment used I Equipment status Equipment performance SECTION B Casualt~ number ISexl I Date7/04/53 of birth I A~ I Service date Name I Phone number JOHNSON, ALBERT E. (805) 832-8009 Address 3608 ALICE MEADOWS CT, BAKERSFIELD, CA, 933130000 Social Security Number Employee assignment 562-92-2694 I Employee status 1 Casualty date Casualty time Pri 7/08700 19:30 I SeveritYl I '99symptom I Sec. symptom Part(~ of body affected I Act. at time31 of cas. Where casualty 21 occured Cause of411 casualty I Medical care5 provided Dispositionl of casualty Equipment used I Equipment status Equipment performance SECTION B I Casualt~ number ISexl I Date 2/13/70 of birth IA~ ~1 Service date Name I Phone number ORTIZ, TIM (661) 589-3533 Address , BAKERSFIELD, CA, 93312 Social Security Number status signment 563-55-3351 I. Employee 1 I Employee as Casualty date Casua~ time I Severity Pri. s )tom.I Sec. symptom 7/08/00 { 19:30 { 1 I 99 { Part(~) of body a Act. at time of cas. casualty occured 53 31 21 Cause of casualty I Medical care provided I Disposition of casualty 411 I 5 I 1 SECTION A I FIRE RVICE CFIRS CASUALTY REPORT FDID , I Incident number 15005 01-00-029988-000 CORRECTIONSADD I CITY OF BAKERSFIELD FIRE Multi-agency incident number Incident address/Location 514 E BELLE TERRACE ST, BAKERSFIELD, CA I Room/Apartment I CiD code time 93304 I Incident date 7/08/00 I Dispatch 1759 Equipment used Equipment status Equipment performance CIT~F BAKERSFIELD FIRE DEPART~NT RESPONDING PERSONNEL Unit Time number Employee name B02 WIGGINS, KENNETH E05 POYNOR, CHARLES E05 MOORE, AARON E05 MULLEN, CHAD E06 PERRY, BRYAN E06 ORTIZ, TIM E06 'CHANDLER, GAIL SECTION A FIRE CIDENT REPORT I CFIRS 1 FDID I Incident number 15005 01-00-030135-000 CORRECTIONSADD I CITY OF BAKERSFIELD FIRE I Multi-agency incident number Date I Dispatch I Arrive I End I Addl days I First in co. I District 7/09/00 1122 1127 1300 00 E06 Cit.(s)53 found~. IMut'8 aid I Met' of 7 alarm I Weather I Temp' I PrP'i 00D manage.1 Incident address/Location 644 BELLE TR, BAKERSFIELD, CA Room/Apartment I Z i93307D code I Census tract I Fire hazard severity zone Fire personnel I Trucks 3 I Volunteers 0 I Engi~es 0 IRescue 0 I Other vehicles 0 I Gen60PrP. I Spe~60PrP. I Ccc. type I Str. type I Str. ets. I Ccc. at time NARRATIVE: Title Entered by employee Entry date Description Dispatch narrative 7/09/00 st°rYE°f6 alarm GERMANETTI, JOHN 7/09/00 responded to smoke in the area and found the fire from last night was ~molder~ng~ The fire at 644 belle terrace was smpldgri~g and'we had ~o overnau± the fire. Howard Wines came out to check the barrels that were part of the fire yesterday. RESPONDING PERSONNEL Unit Time number Employee name E06 GERMANETTI, JOHN E06 HAMBLET, STEVEN E06 BORDEN, CHRIS P05 NUNEZ, APOLINAR STATE Of CALIFORNIA CITY OF BAKERSFIELD CERTIFIED UNIFIED PROGRAM AGENCY In the Matter of: ) Docket No.' 0001-03 ) HERMAN H. METCALF ) ENFORCEMENT ORDER ) dba Herman's Auto & Truck Painting ) Health and Safety Code Section 25187 ) Respondent. ) ) INTRODUCTION 1.1. Parties. The Office of Environmental Services for the City of Bakersfield Fire Department, a Certified Unified Program Agency (CUPA) authorized by the Secretary of the California Environmental Protection Agency (Cai/EPA) to administer and enforce the Hazardous Substance Control Act in the City of Bakersfield, issues this Enforcement Order (Order) to Herman H. Metcalf, doing business as Herman's Auto and Truck Painting (Herman's). .1.2. Site. Respondent generated, handled, treated, stored, and/or disposed of hazardous waste at the following site(s), including, but not limited to: 514 Belle Terrace, .Bakersfield, California 93307 ...... ---- .-~.-~ -~ 1 .'3 Generator. The Respondent generated the following hazardous wastes: waste paint related materials (lacquer thinner / paint sludge), an "ignitable" hazardous waste pursuan, t to title 22 of the California Code of Regulations (CCR), section 66261.21, derived as a by-product of the auto and truck painting process at Herman's. 1.4 Jurisdiction. Section 25187 of the Health and Safety Code (HSC) authorizes the CUPA to order action necessary to correct violations and assess a penalty when the CUPA determines that any person has violated specified provisions of the Health and Safety Code or any permit, rule, regulation, standard, or requirement issued or adopted pursuant thereto. DETERMINATION OF VIOLATIONS 2. The CUPA hereby determines that Respondent violated: 2.1 The Hazardous Waste Control LaTM (Health & Safety Code section 25100, et · "seq.), to wit: section 25189.5. Disposal, treatment Or storage at, or transportation to', facilities without permits or at unauthorized points. On or about January 1,2000, Herman's moved from the former location at 532 Belle Terrace ~4 to the current location at 514 Belle Terrace. At which time, hazardous wastes being stored at the former location in excess of the accumulation date for disposal were subsequently transported to the new location, where the same wastes continued to be stored in excess of their accumulation date for disposal. 2.2 The Hazardous Waste Control Law (Health & Safety Code section 25100, et seq.), to wit: section 25189.6. Knowingly or with reckless disregard treating, handling, transporting, disposing, or stodng in a manner causing unreasonable risk of fire, explosion, serious injury, or death. On July 8, 2000, a vegetation fire at an adjacent vacant field ignited several containers of flammable hazardous wastes being illegally stored on Herman's side of the property fence line, in violation of Title 22 of the California Code of Regulations, section 66265.176, which requires that ignitable or reactive wastes be stored at least 15 meters (50 feet) from the facility's property line. As a result of the hazardous wastes becoming involved in the adjacent property's vegetation fire, three Bakersfield City 2 Fire Department personnel sought medical evaluation and treatment for the hazardous waste exposures caused by this incident. 2.3 California Code of Regulations, Title 22, Division 4.5. Environmental Health Standards for tl~e Management of Hazardous Waste, section 66001 etseq., to wit: sections 66265.37 and 66265.50. Failure to make arrangements with local authorities and have a contingency plan for the facility. A Hazardous Materials Management Plan had been on file and a Unified Permit issued by the CUPA for Herman's previous facility. No notification or modification of the-Hazardous Materials Management Plan or transfer of the Unified ......... Permit to the new location was made, nor was a Bakersfield City Business Licence obtained for the new facility. Additionally, Herman's has been painting without a paint booth at the new location, in violation of Article 45 of the California Uniform Fire Code. SCHEDULE FOR COMPLIANCE 3. Based on the forgoing DETERMINATION OF VIOLATIONS, IT IS HEREBY ORDERED AND AGREED TO THAT: 3.1 Respondent shall make arrangements to properly licence with the City of Bakersfield and apply for a permit to operate a paint booth and a Unified Permit 'for hazardous materials / hazardous waste facility within thirty (30) days from the effective date of this Order. Respondent shall submit a schedule for and description of the proposed transportation and disposal of all hazardous wastes generated at the facility for CUPA approval within fifteen (15) days from the effective date of this order. 3.2 Submittals. A copy of the completed hazardous waste manifest shall be sent to the CUPA, in care of: 3 Mr. Ralph Huey Director of Environmental Services City of Bakersfield 1715 Chester Avenue Bakersfield, California 93301 3.3 Communications. All approvals and decisions of the CUPA made regarding submittals and notifications will be communicated to Respondent in writing by the Director of. Environmental Services, or his/her designee. No informal advice, guidance, suggestions, or comments by the CUPA regarding reports, plans, specifications, schedules, or any writings by the Respondent si~all be construed to relieve RespOnden~ .... ' ' -- of the obligation to obtain such formal approvals as may be required. 3.4 CUPA Review and Approval. If the CUPA determines that the schedule, or other submitted for approval pursuant to this order fails to comply with the order or fails to protect public health or safety or the environment, the CUPA may: a. Modify the document as deemed necessary and approve the document as modified, or b. Return the document to Respondent with recommended changes and a date by which Respondent with recommended changes and a date by which Respondent must submit to the CUPA a revised document incorporating the recommended changes. 3.5 Compliance with Applicable Laws. Respondent shall carry out this Order in compliance with all local, State, and federal requirements, including but not limited to requirements to obtain permits and to assure worker safety. 3.6 Endangerment during Implementation. In the event that the CUPA determines that any circumstances or activity (whether or not pursued in compliance with this 'Order) are creating an imminent or substantial endangerment to the health or welfare 4 of people on the site or in the surrounding area orto the environment, the CUPA may order Respondent to stop further implementation of this Order for such period of time as needed to abate the endangerment. Any deadline in this Order directly affected by a Stop Work Order under this section shall be extended for the term of the Stop Work Order. 3.7 Liability. Nothing in this Order shall constitute or be construed as a satisfaction or release from liability for any conditions or claims arising as a result of past, current, or future operations of Respondent...other than those violations alleged in section 2 of this order.' NotwithStanding compliance with the terms of this Order, Respondent may-- be required to take further actions as are necessary to protect public healthor welfare or the environment. 3.8 Data and Document Availability. Respondent shall permit the CUPA and its authorized representatives to inspect and copy all sampling, testing, monitoring, and other data generated by Respondent or on Respondent's behalf in anY way pertaining to work .undertaken pursuant to this Order. Respondent shall allow the CUPA and its authorized representatives to take duplicates of any samples collected by Respondent pursuant to this Order. Respondent shall maintain a central depository of the data, reports, and other documents prepared pursuant to this Order. All such data, reports, and other documents shall be preserved by Respondent for a minimum of three years after the conclusion of all activities under this Order. If the CUPA requests that some or all of these documents be preserved for a longer period of time, Respondent shall either comply with that request, deliver the documents to the CUPA, or permit the CUPA to copy the documents prior to destruction. 3.9 Government Liabilities. The City of Bakersfield shall not be liable for injuries 5 or damages to persons or property resulting from acts or omissions by Respondent or related parties specified in paragraph 3.16 in carrying out activities pursuant to this Order, nor shall the City of Bakersfield be held as a party to any contract entered into by Respondent or'its agents in carrying out activities pursuant to the Order. 3.10 Additional Enforcement Actions. By issuance of this Order, the (3UPA does not waive the right to take further enforcement actions. 3.11 Incorporation of Plans and Reports. All plans, schedules, and reports that require CUPA approval and are submitted by resp0n(Jent pursuant to this Order are incorporated in this Order upon approval by the CUPA. 3..12 Extension Request. If Respondent is unable to perform any activity or submit any document within the time required under this Order, the Respondent may, prior to expiration of the time, request an extension of time in writing. The extension request shall include a justification for the delay. 3.13 Extension Approvals. If the CUPA determines that good cause exists for an extension, it will grant the request and specify in writing a new compliance schedule. 3.14 Penalties for Noncompliance. Failure to comply with the terms of this Order may also sUbject Respondent to costs, penalties, and/or punitive damages for any costs incurred by the CUPA or other government agencies as a result of such failure, as provided by HSC section 25188 and other applicable provisions of law. 3.15 Parties Bound. This Order shall apply to and be binding upon Respondent, and its officers, directors and agents, including but not limited to individuals, and upon the CUPA and any successor agency that may have responsibility for and jurisdiction over the subject matter of this order. 6 3.16 Non-Admission of Liability Ashland Inc., neither admits nor denies the allegations in Section 2. PENALTY 4. The CUPA assesses a penalty of $ 9,000. Payment of the total penalty of $ 9,000 is due within thirty (30) days from the effective date of the Order. Respondent's check shall be made Payable to City of Bakersfield, Certified Unified Program Agency, and shall identify the Respondent and Docket Number, as shown in the heading of this case. Respondent shall deliver the penalty payment to:' Mr. Walter H. Porr, Jr. Deputy City Attorney City Attorney's Office City of Bakersfield 1501 Truxtun Avenue Bakersfield, California 93301 A photocopy of the check shall be sent to: Mr. Ralph Huey Director of Environmental Services City of Bakersfield 1715 Chester Avenue Bakersfield, California 93301 5. This' Order is final and effective upon execution by the city and Respondent. 6. "Days" for purposes of this Order means calendar days. Date of Issuance: August/'.~, 2000. - ................. I~lr..IF~lp~ Date Director of E'h-vironm~ntal Services City of Bakersfield 7 Herman's Auto and Truck Painting Date Typed or Printed Name of Respondent's I~epresentative cc: Mr. Walter H. Porr, Jr. Deputy City Attorney City Attorney's Office City of Bakersfield 1501 Truxtun Avenue Bakersfield, CA 93301 8 STATE OF CALIFORNIA CITY OF BAKERSFIELD CERTIFIED UNIFIED PROGRAM AGENCY In the Matter of: ) Docket No.: 0001-03 ) HERMAN H. METCALF ) STATEMENT TO RESPONDENT ) dba Herman's Auto & Truck Painting ) Enforcement Order Respondent. ) .) TO THE ABOVE RESPONDENT: An Enforcement Order ("Order") is attached to this statement and is hereby served upon you. The Order has been filed by the City.of Bakersfield, Certified Unified Program Agency ("CUPA"). Unless a written request for a hearing signed by you or on your behalf is delivered or mailed to CUPA within fifteen (15) days after you have received a copy of the Order, you will be deemed to have waived your right to a hearing in this matter. If you do not file a timely hearing request, the Order becomes final automatically. The request for a hearing may be made by delivering or mailing one Copy of the enclosed form entitled "Notice of Defense" or by delivering or mailing a Notice of Defense as provided in Section 11506 of the Government Code to: Mr. Walter H. Porr, Jr. Deputy City Attorney City Attorney's Office , City of Bakersfield 1501 Truxtun Avenue Bakersfield, California 93301 Telephone: (661) 326-3721 The enclosed Notice of Defense, if signed and filed with CUPA, is deemed a specific Statement to Respondent Enforcement Order Herman's Auto and Truck Painting Docket No.' 0001-03 denial of all parts of the Order, but you will not be permitted to raise any objection to the form of the Order unless you file a further Notice of Defense as provided in Section11506 of the Government Code within fifteen (15) days after service of the Order upon you. _. If you file a Notice of Defense within the time permitted, a hearing on the allegations made in the Order will be conducted by the Office of Administrative Hearings of the Department of General Services in accordance with the procedures specified in Health and Safety Code section 25187 and Government Code sectiOns 11507, et seq. The hearing may be postponed for good cause. If you have good cause, you must notify CUPA within ten (10) working days after you discover the good cause. Failure to notify CUPA within ten (10) working days will deprive you of a postponement. Copies of Government Code Sections 11507.5, 11507.6 and 11507.7 are attached. If you desire the names and addresses of witnesses or an opportunity to inspect and copy items in possession, custody or control of CUPA, you may contact: Mr. Walter H. Porr, Jr. Deputy City Attorney City Attorney's Office . 7. City of Bakersfield 1501 Truxtun Avenue Bakersfield, California 93301 Telephone: (661) 326-3721 Whether or not you have a hearing, you may confer informally with CUPA to discuss the alleged facts, determinations, corrective actions and penalty. An informal conference 2 Statement to Respondent Enforcement Order Herman's Auto and Truck Painting Docket No.: 0001-03 does not, however, postpone the fifteen (15) day period you have to request a hearing on the Order. An informal conference may be pursued simultaneously with the hearing process. You may, but are not required, to be represented by counsel at any or all stages of these proceedings. INFORMAL CONFERENCE If you wish to discuss this matter with CUPA, an Informal Conference has been scheduled for: Date: Tuesday, August 29, 2000 Time: 10:30 am Location: Office of Environmental Services Third Floor Conference Room 1715 Chester Avenue Bakersfield, California 93301 .... (661) 326-3979 You may inform the CUPA at the conference whether you wish to pursue a formal hearing or waive your right to a formal hearing, as explained below. - . . FORMAL HEARING RIGHTS YOU MUST FILE A WRITTEN REQUEST FORA HEARING WITHIN FIFTEEN {15) DAYS IF YOU WISH TO HAVE A FORMAL HEARING. S:~AUG2000~$tatementToResl)ondent(Hennan).vqxl 3 ACKNOWLEDGMENT OF RECEIPT Without admitting the violations, I acknowledge receipt of this Enforcement Order, Statement to P~espondent, Certification of Compliance form, and two copies of the form entitled Notice of Defense. DATED: Signature Print Name and Title S:~AUG 200(AEnforcementorder(Herman).wpd STATE OF CALIFORNIA CITY OF BAKERSFIELD CERTIFIED UNIFIED PROGRAM AGENCY In the Matter o[: ) Docket No. 0001-03 ) HERMAN H. METCALF ) NOTICE OF DEFENSE ) dba Herman's Auto & Truck Painting ) Health and Safety Code Section 25187(d) ) ) Respondent. ) I, the undersigned Respondent, acknowledge receipt of a copy of the Enforcement Order, Statement to Respondent, Government Code sections 11507.5, 11507.6 and 11507.7, and two copies of this Notice of Defense. I request a headng to permit me to present my defense to the allegations contained in the Enforcement Order. .Dated: (Signature of Respondent) Please Type or Pdnt the Name and Mailing Address of Respondent (Name) ................... (Street Address) , (City) (State) (Zip) (Telephone Number) S:~AUG 200(ANotlceofDefense(Herman).wpd ; STATE OF CALIFORNIA CITY OF BAKERSFIELD CERTIFIED UNIFIED PROGRAM AGENCY In the Matter o.f: ) Docket No. 0001-03 ) HERMAN H. METCALF .) NOTICE OF DEFENSE ) dba Herman's Auto & Truck Painting .) Health and Safety Code Section 25187(d) ) ) Respondent. ) I, the undersigned Respondent, acknowledge receipt of a copy of the'Enforcement Order, statement t0 Respondent, Government Code sections 11507~5, 11507.6 and 11507.7, and two copies of this Notice of Defense. · ~ I request a hearing to permit me to present my defense to the allegations contained'" in the Enforcement. Order. .Dated: (Signature of Respondent) -~- .............................. . *~ ...... · .......Please Type or Pdnt the Name and Mailing .. · .... ..'.' ........ ;~ Address of Respondent (Name) - (Street Address) (City) (State) (Zip) (Telephone Number) S:~AUG 2000~loticeotO~en~(Herman).wlxl Bectton 11507.5. Exclusivity of dtscover~ provisions The provisions of Section 11507.6 provide the exclusive right to and method of discovery as to any proceeding governed by this chapter. Section 11507.6. Request ~or discovery &fret initiat~on -of a 'proceeding.-in whiChJa[irespondent.or: ..... o~her party is entitled to a hearing on ~he merits, a par~y, upon wr£tten request made to another party, prior to the hearing .and* within 30 days after service by the agency of the initial pleading or within 15 days after such service of an additional ... pleading, is entitled to (1) obtain the names and addresses of witnesses to the extent known to the other party, including, but not limited to, those intended to be called to testify at the " hearing, and (2) inspect and make a copy of any of the following in the possession or custody, or under the control of the other' '' party: " ' (a) A statement of a person, other than the respon, dent, named in the initial administrative pleading, or in any ... additional pleading, when it is claimed that the act or omission of the respondent as to such person is the basis 'for the administrative proceeding; (b) A statement pertaining to the subject matter of the proceeding made by any party .to another party or person; ........... (c) "Statements'-of witnesses then' P-r0p0sed"to be.. cailed by ...... the party' and of other persons having personal knowledge of the acts, omissions or events which are the basis for the Proceeding, not included in (a) or (b) above; (d) AiI writings, including, but not limited =o, reports of mental, physical and blood examinations and things which the party then proposes to Offer in evidence; (e) .Any other writing or thing which is relevant and which would be admissible in evidence; (fi Znvestigative reports ~ade by or on behalf of the agency or o~.her party par~a£n£ng to ~..he sub~ec~ ma~ter of the proceeding, to the extent that such reports (1) contain the names and addresses of witnesses or of persons having personal knowledge of the acts, omissions or events which are the basis for the proceeding, or (2) reflect matters perceived by the investigator in the course of his or her investigation, or (3) contain or ~nclude by attachment any statement or writing described in (a) to (e), inclusive, or summary thereof. For the purpose of this section, "statements" include written statements by the person signed or otherwise authenticated by him or her, stenographic, mechanical, electrical or other recordings, or transcripts thereof, of oral statements by the person, and written reports or s~maries of such oral statements. NOthing in this section shall .authorize-the-inSpeCtion-or ......... .. copying of any writing or thing which is privileged from -- disclosure by law or otherwise made confidential or protected as the attorney"s work product. (g) In any proceeding under subdivision (i) or (j) of section 12940, or section 19572 or 19702, alleging conduct which .~- constitutes sexual harassment, sexual assault, o= sexual battery, evidence of specific instances of a complainant's sexual conduct with individuals other than the alleged perpetrator is not discoverable unless it is ~o b~'offered at a hearing to attack the credibi~lity of the complainant as provided for under subdivision (j) of Section 11513. This subdivision is intended .':~':'-~. only to limit the scope of discovery; it is not intended to effect the methods of discovery allowed under this section. Section 11507,7, Petition to compel discovery~ Order; Sanctions (a) Any pa~ty claiming.hisrequest for discovery pursuant..._j to'Section 11507.6 has not been complied with may serve and file a verified Petition to compel discovery in the superior court for the county in which the administrative hearing will be held, naming as respondent the party refusing or failing to comply with Section 11507.6. The petition shall state facts showing the -: respondent party failed or refused to comply with Section 11507.6, a description of the matters sought to be discovered, the reason or reasons why such matter is discoverable under this section, and the ground or grounds of respondent's refusal so far as known to petitioner. ~'.t t 6 (I/~J) (b) The petition shall be served upon respondent party and filed within 15 days after the respondent party first evidenced his failure or refusal to comply with Section 1150.7.6 or within ]0 days after request was made and the party has failed to reply to the request, whichever period is longer. However, no petition may be filed within 15 days of the date set for commencement of the administrative hearing except upon order of ~he court'after motion and ~otice and for good cause shown. In acting upon such motion, the court' shall consider the necessity and reasons for such discovery, the diligence or lack of diligence of the moving party, whether the granting of the motion will delay the commencement of the administrative hearing on the date set, and the possible prejudice of such action to any party. (c) If from a reading of the petition the court is satisfied t/la= the petition sets forth good cause for relief, the court shall issue an order to show cause directedto the. --respondent par~y; otherwise th~.cour~-.shall enter'an-order denying the petition. The order to show cause shall be served upon the respondent and his attorney of record in the administrative proceeding'by personal delivery or certified mail and shall be returnable no earlier than 10 days from its issuance. nor later than 30 days after the filing of the petition. The .respondent party shall have the right to serve and file a'written answer or other response to the petition and order to show cause, (d) The court may in its discretion order the · administrative proceeding stayed during the pendency of proceeding, and if necessary for a reasonable time ther6after to afford the parties time to comply with the court order. (e) Where the matter sought to be discovered is under the custody or control of the respondent party and the respondent party asserts that such matter is not a'discOverable matter under the provisions of Section'll507.6, or is privileged against disclosure under such provisions, the court may order lodged with it such matters as are provided in subdivision (b) of Section 915 of the Evidence Code..andexamine such matters in accordance wit~i the provisions thereof. (f) The cour~ shall decide the case on the matters examined by the court in camera, the papers filed by the parties, and such oral argument.and additional evidence as the court may allow. (g) Unless otherwise stipulated by the parties, the court shall no later than 30 days after the filing of the petition file its order denying or granting the petition, provided, however, the court may on its own motion for good cause extend such time an additional 30 days. The order of the court shall be in writing se~ting forth the matters or parts thereof the petitioner ~.j~ 7 (1~) is ~ntitled to discover under Section 1'1507.6. A copy of the order shall forthwith be served by mail by the clerk upon the parties. Where the order grants the petition in whole or in part, such order shall not become effective until 10 days after the date the order is served by ~he clerk. Where the order denies relief to the petitioning party, the order shall be effective on ~he date it is served by the clerk. (h) The order of the superior court shall be final and not subject to review by appeal. A party aggrieved by such order, or any part thereof, may within 15 days after the service of the superior courtts order serve and file in the district cour~ of appeal for ~he district in which the superior court is located, a petition for a writ of mandamus to compel the superior court to set aside or o~herwise modify its order. Where such review is sought from an order granting discovery, the order of the trial cour~ and ~he adminis~rative proceeding_shall be stayed ..... upon...~he~filing.of_.the, petition.for*writof.mandamus,-~provided,-.. however, the cott~c of appeal may dissolve or modify the stay ~hereafter if it is in the public interest to do so. Where such review is sought from a denial of discovery, neither the trial court*s order nor t/le administrative proceeding shall be stayed by the court of appeal except upon a clear showing of probable error. (i) Where the superior court finds that a party or his attorney, without'substantial justification, failed or.refused..to comply with Section 11507.6, or, without substantial Justification, filed .a petition to compel discoverypursuant to this section, or,'without substantial, justification, failed to. comply with any order of cour't made pursuant to this section, the court may award court costs and reasonable attorney fees to the opposing party~ Nothing in this subdivision shall.limit the power of the'superior court to compel obedience to its Orders by contempt proceedings. STATE OF CALIFORNIA CITY OF BAKERSFIELD CERTIFIED UNIFIED PROGRAM AGENCY In the Matter of; ) Docket No. 0001-03 ) HERMAN H. METCALF ) CERTIFICATION OF COMPLIANCE ) dba Herman's Auto & Truck Painting ) ) Respondent. ) ) I, , certify under Penalty of law that: 1. Respondent has corrected the violations specified in the above-entitled action. 2. I have personally examined any documentation attached to this certification to establish .that the violations have been COrrected. 3. Based on my examination of the attached documentation and inquiry of the individuals who prepared or obtained it, I believe that the information is true, accurate and complete. 4. I am authorized to file this certification on behalf of the Respondent. 5. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. Dated: Signed: Printed or Typed Name: Title: S:~AUG 2000\CertlflcatlonofCompllance( Herman ),wpd .r D PROOF OF SERVICE ( ADMINISTRATIVE ENFORCEMENT ORDERS CITY OF BAKERSFIELD OFFICE OF ENVIRONMENTAL SERVICES . 1715 Chester Ay. Ste. 300 Bakersfield, CA 93301 , (661) 326-3979 1. I served the a. ~ Enforcement Order Statement to Respondent ~2 Blank Notice of Defense Forms Other (specify): ~ '~ Coot~ ~, C~,,'L o~2 Co,~p ................ b, On-Respondent (Name): .....4~r'~-,-~- '--~4- -.~'e~--~-c (,( Docket No.: Ood) ( - o c. By serving:~ Respondent Q Other (Name and Title or relationship to Respondent): ' 2. a. 121 By personally delivering copies to (address):. at (time):. on (date):. b. ~ By mailing copies by fa'st-class certified mail, Certified Mail Receipt No.': ~2. ~ ~ ~) ~ ~ ~ q t ~ return receipt requested, in a sealed envelope addressed to: 3. My name, business address, and telephone number are: Bakersfield Fire Department Office of Environmental Services 1715 Chester Avenue, Suite 300 Bakersfield, CA 93301 (661) 326-3979 I declare under ~enalgt of perjury that the forgoing is tree and correct and that this declaration is executed on (date) ~1 °q'l~ Ir2)at (place) Bake~field, California. '- s:~,wo~cum rova~tsU'~or s~i~ ro~ (~ (Signature) · Attach this card to the back of the mailpiece, X ,o~,,~/,~,~..., // ~/~./4~')rt-I Agent or on the front if space permits. ~(~ ~/d./~¢-l~--~'~,~.~.~.~ ~ Addressee O./s de~,ery address~liff~"~r{t from iterr~? [] Yes 1. Article Addressed to: If YES, enter delivery address below: [] No 514 BELLE TERRACE BAKERSFIELD'CA 93307 3. Service Type ~ Certified Mail [] Express Mail [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes 2. Article Number (Copy from service label) z 410 286 915 PS ~ 381 1, July 1999 Domestic Return Receipt (102595-99-M-1789.~1 Z' 410 286 915 ,USPostaIService ~' - ~ Receipt for Certified Mail ' No Insurance Coverage Provided. Do not use for International Mail (See reverse) Sen t ~]~;[[4w[cStl~ HEI~ETCALF stme~m~ELLE ~ERR~CE Pest ~'sl~l~]~f~ CA 93307 Postage $ .32 Certified Fee !. 10 Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to 1;10 Whom & Date Delivered . Re~um ReceipI,Sh~ Io W~om, Date, & A~lre~ee's TOTAL Postage & Fees $ 2. ~ 2 Postmark Or Date Q. CITY OF BAKERSFIELD FIRE DEPARTMENT OFFICE OF ENVIRONMENTAL SERVIC:ES 1715 CH ESTER AVENUE BAKERSFIELD, CALIFORNIA 93301 7~ i, ZALCO ORATORIE S, INC Analytical ~ Consulting Services 480B Armour Avenue (881) 895-058B _ Bakersfield, California 98808 FAX (661) 895-8069 Bakersfield Fire Department ~ Laboratory No: 0007105-1 1715 Chester Avenue /~y~U[ 1_~ Date Received: 07/10/00 Bakersfield, CA 93301 Date Reported: 07/17/00 Contract No. : Attention: Howard H. Wines Date Sampled : 07/10/00 Time Sampled : 14:30 Sample. Typ~.: _O~ l~3t rol eum .................. Description: Waste ~1 (5 Gal. Can) Sampled by H. Wines SAMPLE RESULTS Constituents Results Units Method/Ref Flash Point, PMCC 48. F D-93/3 ? Ji~/Etherton, Lab Operations Manager / CC: Method Reference 3. Annual Book of A.S.T.M. Standards / NSS : Not sufficient Sample SUS : Saybolt Universal Seconds cst : Centistokes viscosity CP : Centipoise Viscosity PMCC : Pensky-Martens Closed Cup This report is furnished for the exclusive use of our Customer and applies only to the samples tested. Zolco is not responsible for report alteration or detachment. ,NC. Analytical & Consulting Services 4,309 Armour Avenue (661) 395-0539 ~ Bakersfield, California 98308 FAX (661) 395-8069 Bakersfiel Fire Department Laboratory No: 0007105-2 1715 Chest Avenue Date Received: 07/10/00 Bakersfiel CA 93301 Date Reported: 07/17/00 Contract No. : Attention Howard H. Wines Date Sampled : 07/10/00 Time Sampled : 14:40 Sample .~ : ._._Oil/Petroleum Descri~ : Waste ~2 (30 Gal. Drum) Sampled by H. Wines SAMPLE RESULTS Consti' Results Units Method/Ref Flash Po 2, PMCC 65. F D-93/3 ~--~ Et.h~rton, Lab Operations Manager cc: Method Referen¢ 3. Annual Book A.S.T.M. Standards NSS : NOt Sufficient Sample SUS : Saybolt Universal Seconds cst : Centistokes Viscosity cP : Centipoise Viscosity PMCC : Pensky-Martens Closed Cup This re use of our Customer and applies only to the samples tested. Zalco is not responsible for report alteration or detachment. I N V 0 I C E ,~voi~o ~o. Analytical'&.consuit 4309 Armour Avenue Bakersfield, California 93308~573 (661) 395~O539 B Attn: Accounts Payable M Attn: ?Zoward Ho t Bakersfield Fire D~_pt~.~ L ~ak~rsfic~d Fire D .... 2101 ~ Str~t' 'D .... ~5' Ch~st~r"~v~-~' TO Bakersfield, CA 93301 TO Baker~fiei4, CA 93301 ZALCO W.O. # Field Rep Terms Ship Date F.O.B. Inv. Date 0007105 N30 07/177 Qty. ~ Unit Ord Shpd ' '~alys~s & Se~ic~' ' DeScription Price ~ount I 1 1 ~lash Point, pMCC I i r~on ~az Sampl~ Disposal 2 I 1 Flash Point, PMCC i 1 Non Haz Sampl~ Disposal In¥o~ce z?~ount: ~. Zalco Price Book Effective 6/1/98. Thank ~'ou for ~our businsss. Chain of Custody Record 7 i,q 4309 Armour Ave. Project T',le ~'~ ~"'V~J ~ Turnaround Time: zalco Lab # OO~) Bakersfield, California 93308 ORUSH By: (661 ) 395-0539 O Expedited (1 Week) Field Log # Fax (661) 395-3069 IceChest# ,Temperature?C ~,Routine (2 Weeks) WorkOrder# Address ~ F~ ~ Ci~, State, Zip ~ Repo. A. ention ~ ~ S~ Date ~me Type~ Containers ~ & ~ o o Remarks ID~ Sampled Sampled See K~ Below Legal Sample Description ~ Type* ~ d NOTE: Samples are discarded 30 days after results are reported unless other arrangements are made· KEY: * G-Glass P-Plastic M-Metal T-Tedlar V-VOA Hazardous samples will be returned to client or disposed of at client's expense. ** W-Water VWV-Wastewater S-Solid P-Petroleum L-Liquid O-Other White - Office Copy Yellow - Lab Copy Pink - Client Copy *** A-Acid, pH<2 (HCI,HNO3,H2SO4) S-NaOH+ZnAc C-Caustic, pH>lO (NaOH) Hazardous Waste Sampling General Sampling Instructions: I Accurate and precise sampling is vital to the goal of good analytical results. This can not be overemphasized! 2 A good sample is one that represents the whole of a waste stream. 3 A sampling plan where multiple samples of a waste are analyzed independently can give information as to the quality of the sampling techniques and is recommended (see Chapter nine of EPA SW-846.) 4 Stratified liquids require special sampling techniques and equipment (eg. Coliwasa tubes or thief samplers.) 5 Please complete the sampling information and chain of custody on the reverse side at the time of the sampling. Metals Analysis 32 to 64 oz. Glass or plastic containers 1 Use of acid rinsed or new bottles is required. 2 For water samples, fill the bottle and preserve with nitric acid to a pH of less the 2, cap and label the bottle. 3 For solids and sludges, fill the bottle and do not preserve, cap and label. 4 Cool the sample to 4° C. (on ice) and deliver to the laboratory. Organic Chemical Sampling 40 mi VOA Glass vials: I For water samples, overflow the glass sampling bottles, being careful not to introduce air bubbles. Cap the bottle immediately. Check to make sure there are no air bubbles present by inverting the bottle and seeing if any bubbles rise. If bubbles are present, uncap bottle and repeat this step. 2 For soil or sludges, fill the vial completely with no headspace and cap immediately. 3 Return the sample on ice to the laboratory as soon as possible. 1 qt. or 16 oz. Glass Bottles: I For water samples, fill the bottles to within one inch of the top, but do not fill completely. Replace the cap immediately. 2 For soils or sludges, fill the bottles completely and replace the cap immediately. 3 Return the sample on ice to the laboratory as soon as possible. Bottles needed for TCLP Sampling Liquids: One 80 oz. Glass bottle on ice. Three 1qt. Glass bottles with no headspace on ice. If no herbicides or pesticides are required, one of the quart bottles may be omitted. Solids, sludges and semi-solids: Three 16 oz. Glass bottles, two of them with no headspace on ice. Additional sample may be required if the sample contains more th~n 50% liquid or if tests other than TCLP requirements are needed. 0B/04/2000 14; 05 005-832-701'1 HERMANS TRUCK PATNT P~GE 0i ~ed OMB No. 2'050-0039 IExpi~e~ 9-30-971 See Instructions on back ge 6. D~panment of To~ic Sublta~ce~ Can~ '~ ~r~r ~e, Form designed ~r u~e an efitc ii 2.1)itr~) ~crom~nto, Co[l~nia is not required by Federal 3. Geneealor'* No~ and Mailing Addre~ A. ~tate Ma~J~lt D~umenl Number 5. Trontporler I Comp0ny Namb 6. US EPA lO Number C, S~te T(ansporter't ID 762-~66 7, T~ons~orler 2 Cornpa.~ Name 8, US EPA ID Number E, Stole Transporter% ID [~.] 9 Designated F~cJJi~ Nome and 5i~e Addrel1 10. US EPA I~ Number O. S~Ie Facili~* ID 315~ EAST PT. CO ~I. VD, ~, Facill~,Phon. ' ,. I 1. US ~T Description (including P~oper Shipping Name. H0:~:ord Class, and rD N~be~} I 12, Contolner~ ~A) Lacquer Thinner/Paint s~udge Add EPA: D~5, O~7. 0~8. F~2, F~3, F~5 ~. ~5, 5pe¢iuJ Ho~ling In~lr~clioht and A~itio~l I~{orm~tio~ ~IA) AP ~6329 Gloves, Go~.Le~ & Prot.~ctive c'lothinq EMERGENCY CONTACT: CHEMTRFC !-..8~--.q2~-93~ or KJ~'k ~J,~tdo*'f '4~i9-..3~'?.-3~76 ERG~: 11A) 12~ j -,~ 1 ~ GENEgATOg'S CEETIFICATION~ I ~e,eby degare that t~,, (ont~nts oF th;~ cor~s.pnmeql are Fully ~),,~ accurately described eb0ve by proper )k;pp;~g ,oma and ora classified ~cked marked, and labaled, a~d are in all respects ~n proper c0~dition for t,o,spor* by highw~r ~ccord~ng I~ opphc~ble international and nabono[gavernm~ r.gulation~. I~ I om a large ~u~nl;~ ~eneeofoY, I cerli~y that I hove a program in place ~o reduce the volume and ~oxicily al waste generated Io ~he degree ~ hove determined to be eco~micaJly and the environment: OR, i[I om o ~toll quantity generah:~r, I have mo~e o good Faith offort Io ~;~mixe ~y waste generation and select the best waste monagemenl melh~ ~at ;~ available to me and Ihat t can afford, ,~d Name I Malerials 2 Acknowledgement al Ro~e.~c.~ Materiels Printed/Typed Nome ature Mo~th Day Tern ' 19. Discrepancy Indication Space ; Certification of receipt of hozar,:Jous materials covee.d b~ Ibis manifest exceFI 0s naiad in Jlem 19. Printed/Typed Nome, /Signature Month ~y Y~r ; DO NOT WRITE BELOW THIS LINE. DTSC ~D22A'(I/99~ t'.h,,, r;LNFV. Arr~R ~NFF'; THIS CaVY TO DH,C: WITHIh~ '10 D~YS ' OL100101 ~CITY OF BAKERSFIELD 7/25/00 ~siness Master Inquiry 09:06:23 Business control : 40669 Location ID . . . : 7720 Business name & address Mailing address HERMAN'S TRUCK & AUTO PAINTING 532 BELLE TERRACE 4 532 BELLE TERRACE 4 BAKERSFIELD CA 93307 BAKERSFIELD CA 93307 Date opened . : 7/01/85 Contractor flag . : Federal tax ID : 953871068 Type of ownership : I Business phone : 805 832-9448 Emergency phone : Status ..... : A Status date .... : 10/09/98 Owner Information METCALF, HERMAN H Phone ...... : 805 834-8485 Social security : Drivers license : Date of birth . . . : Press Enter to continue. F3=Exit FS=Display officers FT=Miscellaneous information Fg=Display licenses F12=Cancel This copy is for the exclusive use of n~ither it nor the information contained hereon is to be furnished to any other person or agency except as authorized by law. CITY OF BAKERSFIELD TREASURY DIVISION OL100103 ~CITY OF BAKERSFIELD 7/25/00 Busies Master Inquiry - Licen~ 09:06:59 Business control nbr : 40669 Business name & address Mailing address HERMAN'S TRUCK & AUTO PAINTING 532 BELLE TERRACE 4 532 BELLE TERRACE 4 BAKERSFIELD CA 93307 BAKERSFIELD CA 93307 Lic Nbr Classification Status 99 49579 AUTOMOTIVE SERVICE ACTIVE ~8 49579 AUTOMOTIVE SERVICE RENEWED 97 49579 AUTOMOTIVE SERVICE RENEWED 96 49579 AUTOMOTIVE SERVICE RENEWED Bottom Press Enter to continue. F3=Exit FS=Officers FT=Miscellaneous information F12=Cance1 This~ copy is for the exclusive use of nc~itt~e~ i~' 6dr the informatiOn~co6tained hereon is to be furnished to any other person or agency except as authorized by law. CITY OF BAKERSFIELD TREASURY DIVISION HE~T-FUNC: KEY: KEY DATA PROHPT KIPS ~ROLLINQ SECURED ROLL INQUIRY P222dl ~TN 451 291 35 O0 2 ~CTIVE Roll1 Use Code 0101 File Ho ~-~ Lgnd RG Presu NO ~PN 451 291 35 5 Lgl T 5573 PH2 35 ~cres ,23 CPest SITE 9311SE~BECK ~V B~KERSFIELD BPS SD 3 UF NT O~ner HETC~LF HERH~N H JR & DIN~ Doc 19808 8541 07/02/98 Bill' 9311 5E~BECK ~V B~KERSFIEL~ C~ 93312 R,B,P, 01 O0 99-1309498-00-8 TR~-No001 221 001 221 001 221 CHGDT 07/02/98 Chg Type TRANSFER Hineral Land/PI 30,171 29,580 29,000 Iapr~aent 73,868 72,420 71,000 Other Iap Pets Prop Exap Aat 7,000 7,0007,000 Net Value 97,039 95,000 93,000 PFI:HELP 2:NENU 3:RTRN 4:TOG 5:FUTR 9:BILL IO:UFL 11=BU$12:EVTSEL PF13:ItEtt 14=APN HIST 15=OliNER5 16-EIIEHPT 17:SUPPL 18--ilOOR 19--ROLL CORR PF20-'PREV YR 21:NEXT YEIiR 22'PRT 23-'NEXT 24--PREV 07/25/00 08:51 NEXT-FUNC: KEY: KEY DATA PROMPT KIPS #ROLLINQ UNSECURED ROLL INQUIRY P22241 ATN ACTIVERoll 4 Use Code 2203 File No 01 0069259 001 1 Lgnd B C E AG Presv NO APN 011 260 12 2 Lgi Acres CPest SITE 514 BELLE TERRACE , BAKERSFIELD BPS 1 SD 5 UF NT Owner METCALF HERreN Doc B'ill 514 BELLE TERRACE AV BAKERSFIELD CA 93307 R.B.P. 01 00-7005250-00-599-7005612-00-7 TRA-No 001 403 001 403 001 403 CHG DT Chg Type Mineral Land/PI Imprvment Other Imp Pers Prop 1,751 1,926 1,926 Exmp Amt Net Value 1,751 1,926 1,926 PFI=HELP 2=MENU 3=RTRN 4=TOG 5=FUTR g=BILL IO=UFL 11=BUS 12=EVTSEL PF13=NEN 14=APN HIST 15=ONNERS 16=EXEMPT 17=SUPPL 18=ADDR lg=ROLL CORR PF20=PREV YR 21=NEXT YEAR 22=PRT 23=NEXT 24=PREV 07/25/00 08:28 6390- END OF PRIOR ROLL DATA NE~T-FUNC: KEY: KEY DATA PROHPT KIPS flROLLINQ UNSECURED ROLL INQUIRY P22241 ATN INACTIVE Roll 4 Use Code 2203 File No 99 9069259 000 6 Lgnd AG Presv NO ~PN 997 001 05 2 Lgl fiches CPes! SITE 532 BELLE TERRACE AV B~KERSF]ELD BPS SD UF NT O,ne~ HETC~LF HERH~N Doc Bill 532 BELLE TR ~4 B~ERSF]ELD C~ 93307 2000 NO ROLL TR~-No CHG DT Ch9 Type Hineral Land/PI 'Imprument Other Imp Pers Prop Exmp ~mt Net Value PFI:HELP 2:HENU 3.-RTRN 4:TOG 5:FUTR 9:BILL IO:UFL Il:BUS 12:EVTSEL PF13:NEI4 14:~PN HI'ST 16:EXEHPT 17:SUPPL 18:~DOR 19:ROLL CORR PF20-PREV YR 21:NEXT YEAR 22-'PRT' 23--NEXT 24-PREV .07/25/00 08:50 . -.-.. ./. - .. · ... . .. : ... .... ~-. ..........~ ::..'.j..~ . ..' .... .. - ..... ~_' ... - · .. ' ". "..'..~.'~:~>~:.~?~.'~;~:?~i~'>:~....' ,,-26 LOTS 29 &30 Of SEC. 6 I 30 S. R.28 E. ~L mE ~'/8". ;':""~6~::;;::~;~?)?;:"'::':'' "-' '" ~'' '; .... :~-'. ~. 416~. ~ 77AC . :;'..;' ....? . 4 '~*" ..... ~ ~.~LL~ ~ .' ..... r~,~~, '*, ~ '~ ....· ;."?" ~ '~ .......... ...';. ~..?~.' · ~a~ ~ - :.... ~ ;... NEXT-FUNC: KEY: KEY D~T~ PROHPT KZPS ~ROLLINQ SECURED ROLL ZNQUIRY P22241 ~TN 011 260 11 O0 8 ~CT~VE Roll l Use Code 3101 File No Lgnd ~G Presv NO ~PN 011 260 11 4 Lgl PH 7909 L 4 ~cres 2,~9 CPes! SITE 514 BELLE TR B~KERSF~ELD BPS1SD 5 UF NT O,ner P~TSCHECK STANLEY D & V~LER]E J Doc 07078 ~411 08/25/94 Bill P 0 BOX 5341B~KERSF]ELD C~ 93388-5341 R,B,P, O1 O0 99-1008417-00-9 TR~-No001 403 001 403 001 403 CHG DT Chg Type Hineral Land/PI 83,601 81,962 80,355 Imprvment 114,814 112,563 110,356 Other Imp Pets Prop 1,294 1,294 1,294 Exmp Amt Net Value 199,709195,819 192,005 PF1--HELP 2-'HENU 3--RTRN 4:TOG 5:FUTR L-BILL IO-'UFL ii--BUS 12:EVTSEL PF13-NEil 14:llPN HI'ST 15-OidNERS 16'EXEHPT 17-'SUPPL 18--IiDDR 19:ROLL CORR PF20=PREV YR 21=NEXT YEAR 22=PRT 23=NEXT 24=PREV 07/25/00 08:42 PROPERTY INFORMATION 1) Property: 514 BELLE TE, BAKERSFIELD CA 93307-3600 C005 APN: 011-260-11-00 Use: LIGHT INDUSTRIAL County: KERN, CA Tax Rate Area: 000-1403 Total Value: $190,711 Census: 26.00 Prop Tax: $2,333.73 Land Value: $80,355 Map Pg: 227-A6 Delinq TaxYr: ImprvValue: $110,356 New Pg: Exemptions: Assd Yr: 1999 Phone: 661/589-4168 % Improved: 57% Owner: PATSCHECK STANLEY D & VALERIE J Mail: PO BOX 5341; BAKERSFIELD CA 93388-5341 B003 SALES INFORMATION IMPROVEMENTS LAST SALE PRIOR SALE Bldg/Liv Area: Transfer Date: 08/25/1994 12/09/1987 # Units: Sale Price/Type: $160,000 FULL # Bldgs: Document #: 126572 60731556 # Stodes: Document Type: GRANT DEED $/SF: 1st TD/Type: $160,000 BUILDING Yrblt~Eff: Finance: Total Rms: Junior TD: Bedrms: Lender: COMMUNITY FIRST BK Baths(F/H): Fireplace: Seller: SALOMON SERVlN Pool: Title Company: CHICAGO TITLE CO. Bsmt Area: Transfer Info: Construct: #Parcels/Last Sale: Flooring: SITE INFORMATION Air Cond: Heat Type: Improve Type: Lot Size: A2.29 Quality: Zoning: Lot Area: 99,752 Condition: County Use: 3101 Parking: Style: Bldg Class: Park Spaces: Other Rooms: Flood Panel: Site Influence: Phys Chars: Legal: /PM 7909 PL 4 Comments: © 1996 Win2Data 2000 Page: I of 1 CORRECTION NOTICE BAKERSFIELD FIRE DEPARTMENT N° 976 Location --~-[4 '~t.C/~ '""/'~~ Sub Div. Blk. . Lot You are hereby required to make the following corrections at the above location: Cor. No Completion Date fo,' Corrections'~/ / ri 14/ 'Z.c~-aO Inspector CORRECTION NOTICE BAKERSFIELD FIRE DEPARTMENT ~ ~'':~ ..... Location LC/~ ~ ..... Sub Div. Blk. . ~t You are hereby required to make the following cor~ctions at the above l~ation: / / Completion Date for Corrections--///l~-/;/Z'~-~ '. Inspector