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HomeMy WebLinkAboutHAZARDOUS WASTE ll mREC;O~ C Oil N TY Environmental 2700 'M' Street, Suite 300 Health BaJe~eld, CA 93301 Services (805-)861-3429 FAX Department June 9, 1995 Melvin G. Davis P. O. Box 10926 Bakersfield, CA 93309 SUBJECT: WASTE OIL CONTAMINATION AT 411, 409, & 407 BRUNDAGE LANE, BAKERSFIELD, CALIFORNIA. Dear Mr. Davis: This letter confirms the completion of site investigation involving the contaminated soil at the property noted above. It is the position of this office that no further action is required at this time. Any changes in the present or proposed use of the site may require further site characterization and mitigation activity. Please notify this agency of any changes in report content, future contamination findings, or site usage. In an effort to help you understand any liability that may still occur, please be advised that there could be liability under other federal and state regulations or codes. Along with this liability, the presence of the contamination must be disclosed to any potential future property owner. If we may be of further assistance to you, please contact this Department at (805) 861-3636. Sincerely /By: ' L~dia V~, REA Hazardous Materials Inspector Hazardous Materials Management Program WILLIAMS & WILLIAMS, INC. A PROFESSIONAL CORPORATION ATTORI~IEYS AT 'LAW ROBERT L. WILLIAMS HABERFELDE BUILDING 1805) 323-7933 ROBERT S. WILLIAMS 1706 CHESTER AVENUE. SUITE 40~, FAX 323-9855 BAKERSFIELD. CALIFORNIA 93301 April 5, 1993 Mr. Melvin Davis P. O. Box 10926 Bakersfield, CA 93389 Re: Roberto & Leslie Martinez, Ch. 13 #93-11676B-13K Commercial property at 407, 409, 411, 415~ & 417 E. Brundage Ln., Bakersfield, CA Dear Mr. Davis: I am attorney for Roberto and Leslie Martinez, who filed bankruptcy on March 29, 1993, as per the enclosed copy of the face sheet of the petition. Pursuant to section 362 of the Bankruptcy Code, all action is stayed against the Debtor, including any foreclosure proceedings. Your cooperation is very much appreciated. Very truly yours, Robert S. Williams RSW/tjw 93124cl/tjw Enclosure UNIT~TATES BANKRUPTCY COURT Eastern District of California Chagter 13 VOLUNTARY PETITION IN RE: (Name of debtor - If individual, last, first, middle) NAHE OF JOINT DEBTOR (Spouse) (Last, First, MiddLe). MARTINEZ/ ROBERTO SOTELO HARTINEZ/ LESLIE CHARLENE ALL OTHER NAMES used by the debtor in last 6 years ALL OTHER NAHES used by the joint debtor in last 6 years fdba BH Furniture Refinishing dba BH Custom Furniture Refinishing SOCIAL SECURITY/TAX.ID. NO (if more than one, state all) SOCIAL SECURITY/T~ ID. NO FOR JOINT DEBTOR 561-90-~] 570-31-~1 77-02176~6 STREET ADDRESS OF DEBTOR (Ho and street, city, state/zip code) STREET ADDRESS OF JOINT DEBTOR 3909 Raider Dr. 3909 Raider Or. Bakersfield/ CA 9330~ Bakersfield, CA I COUNTY OF RE$1OENCE OR PRINCIPAL PLACE OF BUSI~ESS I COUNTY OF RESIDENCE OR PRINCIPAL PLACE OF BUSINESS I KERN I KERN I I MAILING ADDRESS OF DEBTOR (if different from street address) HAILING ADDRESS OF JOINT DEBTOR 415 E. Brundage Lane 415 E. Brundage Lane Bakersfield, CA 93307 Bakersfield/ CA 93307 LOCATION OF PRINCIPAL ASSETS OF BUSINESS DEBTOR VENUE 407/ 409, 411, 415/ & ~17 E. Brundage Lane/ Bakersfield, £X] Debtor has been domiciled or has had a residence principal CA place of business, or principal assets in this Oistrict for 180 days immediately preceding the date of this petition or for a a Longer part of such 180 days than in any other INFORHATION REGAROING DEBTOR ATTORNEY - ROBERT S. ~ILLIANS, #7~172 (Address TYPE OF DEBTOR: EX] Joint Individuals Filing CHAPTER FILED: EX3 Chapter 1] NATURE OF DEBT: IX] Business - Complete A & B beLo~ F[LING FEE: EX3 Filing fee attached A. TYPE OF BUSINESS £ ] Farming £ ] Transportation [ ] Commodity Broker £ ] ProfessionaL £ ] Manufacturing/ £ ] Construction [ ] RetaiL/~holesaLe Mining £ ] ReaL Estate £ ] Railroad £ ] Stockbroker tX] Other Business B. BRIEFLY DESCRIBE NATURE OF BUS~NESS Furniture refinishing STATISTICAL/ADMINISTRATIVE INFORMATION (U.S.C. S 60~) I THIS SPACE FOR COURT USE ONLY CYC] Debtor estimates that funds ~iLL be available for distribution to unsecured creditors.I £ 3 Debtor estimates that/ after any exempt property is excluded and administrative exper-I ses paid, there ~iLL be no funds avaiLabLe for distribution to unsecured creditors J ~-' ESTIMATED NUHBER OF CREO~TORS r~n~--~ C~ ESTIMATED ASSETS (In thousands of dollars) r~ ~---~ Under 50 50-99 100-499 500-999 1000-9999 10,000-~,~ qcx~/c)O0-over ~ ~: ESTIHATED LIABILITIES (In thousands of dollars) .'~>~--~-~ ~ r-- Under ~0 50-99 100-499 500-999 1000-9999 10,000-99,999 lO0, O00-over ~J/~_. ~ --fl £3 C3 EX3 C3 C] C3 C] ~/'~ ~_> --4 Cc) 1990 ZIPS Chapter 1~ Form ~iLLiama & UiLLiama, Znc., 1706 Chester Avenue, Suite z~)~, BakersfJeLd~ CA 93]01-5288 93-11676B- lgK Urn'ed States BankrUptcy urt t~ [ 93 !16?61~13K NOTICE OF COMMENCEMENT OF CASE UNDER CHAVrER 13 OF THE BANKRUPTCY CODE, MFFTING OF CREDITORS, AND FIXING OF DATES ROBERTO & LESLIE MARTZNEZ [½],5'E BRUNDGE LANE { I BAKERSFIELD. CA 9:~307 DBA/B. CUSTO. FURNITURE REFINISHING ]D~ o_.e rtl. I HAR. 29, 1993 I M- · I I ID-- {D #77--02116Z1.4 Name and Address of A~mey for Debtor { Name and Address of Trustee ROBERT S. MILL[ANS [ N. NELSON EN~RK ].706 CHESTER ~.0½ [ ],3½3 BULLDOG LANE BAKERSFIEL0t CA 9330], ~ FRESN0~ CA 937],0 Telephone Number. 805--323--7933 [Telephone Number. ;~09--Z25-5677 This is a converted case originally t'fled under chapter on FILING CLAIMS Deadline to file a lxuof of claim: AUf~U~r .5~.~ ],'~"Y$ '{'~.~.~. ~,~{ DATE, TIME, AND LOCATION OF 1VI~.~G OF CREDITORS DATE: JUNE ~ 1993 TINE: ],0.30 LOCATXON: ROOM zzg~ FgDERAL BUILD[N6 800 TRUXTON AVENUE BAKERSFIELDv CA FILING OF PLAN AND DATE, TIME, LOCATION OF HEARING ON CONFIRIVIATION OF PLAN ~ The debtor has filed a plan. '~V~i]~r a surmuary of the plan is enclosed. Hearing on confirmation will be held: DATE: ,~JNE Z~ ].993 TINE: ],.15 ROON 20~ FEDERAL BUILDING 800 TROXTON AVENUE " BAKERSF IELD~ CA r=] The debtor has filed a plan, The plan or a summary of the plan and notice of the continuation heating will be sent separately. [] A plan has not been filed as of this date. Creditors will be given separate notice of the hearing on confirmation of the plan. COMMENCEMENT OF CASE. An individual's debt adjusUnent case under Chapter 13 of the Bankruptcy Code has been filed in this court by the debtor or debtors ..named above, and an order for r~lief has been ente~d. You will not ~ceive notice of all documents filed in this case. AH documents Fled with the court, including hsts of debtor's pmpen'y and deb~, are available for in ,Sl~On at the office of the clerk of the bankmp~ coup. CREDITORS MAY NOT TAKE CERTAIN ACTIONS. A c~litor is anyone to whom the debtor owes money. Under the Bankn~cy Code, the debtor is gm·ted ce,~ain protection ·gal·st cred/tors. Common ex·spins of prohibited actions by cr-ditors nl~ contacting the debtor to demand re~yme~t, taking action against ~he debtor to coilect money owed to cr~ditors or to take pmperty of the debtor, and stming or continuing foreclosure actions, relxmessions, o~ wage deductions. Some protection is also given, to ceruin _c0de~.of co~ debts. If.._unauthorized actions a~ taken by a cn."di~{L_·Rninst a debtor or · protected codel~or, the cou, may punish ditor._ A c~~msid,!~ takmg acti .d~gaimt the debtor or .J~pmperty of J{~~ anyco-debtor, ,houid review §§that 362 and 1301 of the Bank~y (J_ode/.~may wf~ lgai advice. ,~e staff of the cie ,dl~. bankmptc~t is n'~rmil~d to give legal advice MEETINO ON CREDITORS.._Thejjl~a, or (both hm~nd ~) is requised to ~&t dm meedal~ o~dJ~, on t~ da~ mud a~ the place set forth above in the bOXl~lal~ncled .~l~m~., ~ .Lnoation ~l~l~ditors' for the pu~=~se~ being ex~mine~ll~[bR~lth. Attendance by creditors at the meeting is welcome, n.ot mqu~t the m~{~ ct~tors may e._~e the debtor and ~_t~ ct such ~[~er busine']~Ws may properly come before the meeting. The meeting m·, ne ~~_.Me~. m I t.o time. byltice at the mceting, ~ont fu~t~tton n~ to the c~ditors. PROOF OF CLAIM. Except as _ .o~m~l~l~. law,_,a~er to ?a_ _m~n any payment from t :{~Ji.j.j.j.j~ta~, _a ~e a proof of claim by the date forth above in the boxlabeled "Fllt~ ~co to £~-tbe proof of c'~im, either in person or ~y mail, is the office of the cledt of the bankruptcy courL Pmol of claim forms a~ available in the de~t's office of any bankruptcy con~. PURPOSi~. DY A CHA~ER 13 FILING. Cha~xer 13 of the Bankruptcy Code is designed to enable · debtor to pay debts in f~ll or in pelt over · period of time pm~suant to · plan. A plan is not effective unless approved by the banluxtptcy court at · confirmation hearing. Creditors will be givennotlce in the event the case is dismissed or converted to another Chal~r of the Bankruptcy Code. THE PLAN PROPOSES PAYNENTS TO THE TRUSTEE OF $½00.00 NONTHLY hlITH UNSECURED CL~INS TO BE PAID L00. O CENTS ON THE DOLLAR. THIS (;LAIN IS.LISTED AS SECURED. J GRP 5g;7 ARR ],[500.00 60 HONTH PLAN/ATTY FEES ${.250.00 ... iA,,,,,,., o,' the c~,~ o~ toe S.,~,p..~ Co~ FOR THE COU~T I I UNITED .STATES BANKRUPTCY COURT I R. ~..HELTZEL~ CLERK I 2656 UBS. COURT HOUSE I ,JUDGE. BRETT DORIAN I LlSO 0 STREET I . [ FRESNOe CA 9372]. I DATED. APRIL 8e ],993 930½08 375 931].676 '"8 ], Ca~l~(Qlgell~'~Ul~i~m~ 9311676 ROI~R? $. MZU. XAi~ PROOF OF CLAIM 1706 CHESTER BAKERSFZELDe CA 93301 ~ ~um~r ~FZI. I: C/AZH$ ZN DUPt. ZC~?E IdZTH COURT~ 93-11676B-].3K In re (Name of Debtor) ROBERTO & LESLZE HARTINEZ TinS Si'AC'~ tS FOR COURT USE ONLY NO~: This form should ncc be used to make a claim for an administrative expense arising after the commencement an administrative expense may be tiled pursuant to 11 U.S.(] § $03. [] Check box it you are aware ~hag anyone else has filed a proof Name of (]reditor of claim ~lating to yo~ claim. Attach copy ~ se,,~em l,,l~ and A~ss ~e~ Nonces Sbo-ld be Sent giving paniculars. '93116?6--8 --1 DAVI [] Check box if you have never received any notices from the tmnkmpccy court in this case. 0AVIS IqEI. VIN g [] Check box to indicate changes to the mailing address printed P 0 ~OX 109~6 ag thc rigM. LSAS~Si~ORCLAiM BAKERSF~I:I. 0~ CA 93389 r"l Goods sold [] Persona] injory/wrongflll d~ath [] Services performed [] Taxes [] Money Io~ned [] Other (Describe briefly) Telephone No. [] Retiree benefits as defined in 11 U $ (] § 1114(a) 2. DATE DEBT WAS INCURRED r-I Wages, salaries, and compensations (Fi1! out below) Your social security number Unpeid compensations for services performed from to 3. IF COURT JUDGEMENT, DATE OBTAINED: (date) (chue) Account or o~ber number by which creditor identifies debtor C~eck he~ if this claim frei replaces } 4, CL.4~IIq~ATION OF CLAJ]~. Under the Bankmp*,'y Code nil claims &n classified as one or mor~ of the following: (1) Un.s~cur~l nonpriorRy, (2) Unsecured Priority, (3) Secured. It is possible for paa of a claim to be in one category and ~rt in another. I--I SECUREDCLMM $ ARach evidence of perfe~ion of security interest [] UNSECURED PRIORITY CLAIM $ Brief Description of Collateral: Specify the priority of the claim. [] Real Estat~ [] Motor Vehicle r'] Other (Describe briefly) [] Wages, salaries, or commissiom (up to $2000), camed not more than 90 days before filing of the bankruptcy petition ~ ~ j~ f-I Conttilmtions~qill~ employee b~l~u1~Rli~d U $ C § 507(a)(4) A clnim is unsecured if there is ~llat~ra} or Ii. on p _! services for pe~l, family, or househol..~la~ II U $ C § $07(a)(6) debtor securing the claim or ~o tli~ that ~e v~lu~ of ~i~ l"l Taxes or pennll~of governmental ~ $ C § 507(aX7) 5. TOTAL AMOUNT OF CLAI~ AT TIME CASE FILED: ~ s (Unseen-d) (Second) lPg'by) []Check this box if claim ~ pmpetition charges in addition to the principal amount of the claim. Attach itemized' stnt~n~nt of all additional charges. fo~ th~ i~ri~s~ of making this pmf of ¢l~im. in filing thi~ ¢l~m, da]mt l~s ~d~¢ted ~II ~m~(s COURT U$£ ONLY that ¢laimmt o~es to de.or. I$i~ ~I prat tl~ nm ~d title, if an~, ~f ~¢ mditor or n~¢r person TO: MELVIN G. DAVIS AND WZI INC. REGARDING THE PROPERTY KNOWN AS 407-411-415 EAST BRUNDAGE LANE, BAKERSFIELD, CALIFORNIA. YOU ARE HEREBY AUTHORIZED AND HAVE OUR PERMISSION TO ENTER UPON THE ABOVE PROPERTY TO EVALUATE THE SOIL AND TAKE SOIL SAMPLES. ROBERTO MARTINEZ, OWNER , i r E^LTOr * MELVIN G. DAVIS REALTOR P.O. BOX 10926 BAKERSFIELD, CA,~33~ 93389 (805)~XK~r'K 397-1330 APRIL 14, 1993 LAURA M. BAZELEY R.G. 4700 STOCKDALE HWY. STE. 120 BAKERSFIELD~ CA. 93389 RE: 407 E. BRUNDAGE LN. OWNER: R. MARTINEZ DEAR MS. BAZELEY: PURSUANT TO OUR MEETING ON THE ABOVE SUBJECT PROPERTY SEVERAL DAYS AGO ENCLOSED PLEASE FIND LETTER I PREPARED GRANTING YOUR FIRM ALONG WITH MYSELF TO ENTER THE PREMISES TO DO THE TESTING. I ASSUME THIS WILL MEET YOUR REQUIREMENTS. PLEASE LET ME KNOW WHEN YOU HAVE YOUR PRO- POSAL READY FOR ME. MELVIN G. DAVIS TO: MELVIN G. DAVIS AND WZI INC. REGARDING THE PROPERTY KNOWN AS 407-411-415 EAST BRUNDAGE LANE, BAKERSFIELD, CALIFORNIA. YOU ARE HEREBY AUTHORIZED AND HAVE OUR PERMISSION TO ENTER UPON THE ABOVE PROPERTY TO EVALUATE THE SOIL AND TAKE SOIL SAMPLES. DATE: ROBERT0 MARTINEZ, OWNER LESLIE MARTINEZ, OWNER MELVIN G. DAVIS REALTOR ,~X~L"'Xi~~E P.O. BOX 10926 BAKERSFIELD, CA9~0]I: 93389 ......... (805)~::1Y6~ '<' 397-1330 MARCH 30, 1993 MR. TERRY L. GRAY HAZARDOUS MATERIALS INSPECTOR ENVIRONMENTAL HEALTH SERVICES DEPT., 2700 "M" ST., STE. 300 BAKERSFIELD, CA. 93301 DEAR MR. GRAY: REGARDING MR. MARTINEZ AND THE PROPERTY AT 407 EAST BRUNDAGE LANE, BAKERSFIELD ENCLOSED HEREWITH PLEASE FIND LETTER TO MR. MARTINEZ DATED TODAY WHICH IS SELF EXPLANATORY. I JUST WANTED TO KEEP YOU POSTED ON THE PROGRESS. SINCERELY, MELVIN G. DAVIS ENVIRONMENTAL HEALTH SERVICES DEPARTMENT STEVE McCALLEY, R.E.H.S. ~'~. 2700 "M" Street, Suite 300 DIRECTOR ~~ Bakersfield, CA 93301 (805) 861-3636 (805) 861-3429 FAX January 25, 1993 Melvin G. Davis P.O. Box 10926 Bakersfield, CA ' 93309 SUBJECT: WASTE OIL CONTAMINATION AT 411, 409, & 407 BRUNDAGE LANE, BAKERSFIELD, CALIFORNIA Dear Mr. Davis: This is an official notice to inform you that you have been identified as a responsible party for hazardous waste violations observed at the site noted above. An inspection conducted at the property on November 12, 1991, confirmed violations of the California Health and Safety Code, Article 13, Chapter 6.5, Division 20, Section 25250.5, disposal of waste oil to the ground. The soil sampled on April 15, 1992, was found to exceed State hazardous waste criteria for lead. As owner of this location, when disposal of hazardous waste occurred, you are responsible for any cleanup necessary. The cleanup of waste off contaminated soil must commence within thirty (30) days of receipt of this notice. All contaminated soft must be excavated and transported to a hazardous waste disposal site by a licensed hazardous waste hauler. You may also perform additional site sampling to further characterize the site. If it is determined after further characterization that the site does not exceed hazardous waste levels, the contaminated soft may be managed as a designated waste. In accordance with Kern County Ordinance Code G-5541, Section 8.04.100, the Department is authorized to charge for inspections, review of repons, laboratory service costs and any other costs incurred in the process of obtaining compliance with any violations noted. Be advised that you will be billed at the rate of $80.00 per hour for time spent to date as well as future oversight costs incurred during the abatement of these violations. The issuance of this notice does not preclude the Department from taking administrative, civil, or cr/minal action as a result of the violations noted herein.  Environmental Health Sen~ices Department RANDALL L. ABBOTT STEVE McC~a ~ ~"Y, REHS, DIRECTOR DIRECTOR Ai, Pollution Control District DAVID PRICE Ill WU.UAM J. RODOY, APCO ASSISTANT DIRECTOR Planning & Development Services Department TED JAMES, AICP, DIRECTOR ENVIRONMENTAL HEALTH SERVICES DEPARTMENT December 14, 1991 Roberto Martinez 415 E. Brundage Lane Bakersfield, CA 93307 SUBJECT: WASTE OIL CONTAMINATION at 411, 409, and 407 East Brundage Lane, Bakersfield, California Dear Mr. Martinez: A complaint was received by this office on October 10, 1991 alleging that L & C Automotive, located at 411 E. Brundage Lane, Bakersfield was spilling waste oil onto the ground. An inspection was conducted November 12, 1991. During that inspection, it was noted that what appears to be waste oil has been disposed of on the ground. Discolored soil was noted over most of the rear yard, and the southwest portion of the yard has had fill dirt placed over the contaminated soil. The operator of L & C Automotive, Mr. Leonard Ray, stated that he had placed the fill dirt there because the soil was saturated with oil. The condition noted above is a violation of the California Health and Safety Code, Article 13, Chapter 6.5, Division 20, Section 25250.5. At the time of the inspection you stated that you had recently purchased this property. As the property owner you are ultimately responsible for any clean up that now may be required. The past practices of previous owners/tenants appear to be responsible for the majority of contamination found to be present. A transmission repair shop operated at the site for years. It also appears that Mr. Leonard, the current tenant of 411'and 409, may have contributed to a portion of the contamination of the soil. To determine if the contaminated soil will be classified as a hazardous waste, sampling and laboratory analyses must be accomplished. Within thirty (30) days of receipt of this letter, you must excavate or have excavated all visibly contaminated soil, place the soil onto plastic sheeting and cover it securely. A representative sample(s) must be collected and analyzed by a State Certified Hazardous Waste Laboratory for the following constituents: lead, arsenic, chromium, cadmium, total halogens, and polychlorinated biphenyls (PCB's). If 2700 "M" STREET, SUITE 300 BAKERSFIELD, CALIFORNIA 93301 (805) 861-3636 Roberto Martinez December 16, 1991 Page 2 laboratory analyses prove to exceed State action levels, remediation must take place within thirty (30) days of receipt of these results. You must acquire an EPA generator number to dispose of a hazardous waste. You may obtain an EPA number by contacting the Department of Toxic Substances Control at (916) 324-1781. Contact this office 48 hours prior to sampling and forward a copy of the laboratory results to this office for review within fifteen (15) days of sampling. If you have any questions, you may contact me at (805) 861-3636, extension 582. Sincerely, Terry L. Gray Hazardous Materials Inspector Hazardous Materials Management Program TLG:ch Certified Number: P 767 335 956 cc: Department of Toxic Substances Control Program graySmartine2.1et Melvin G. Davis Subject: Waste Oil Contamination January 25, 1993 Page 2 Please contact this Department at (805) 861-3636 within seven (7) days to further discuss this matter. Sincerely, Steve McCalley, Director By: Terry L. Gray Hazardous Materials Inspector Hazardous Materials Management Program TLG:ch cc: Roberto and Lesl/e Martinez gray~lavis.let Date: ~-~-93 Work Order #: ~MO~3~ Tracking #: WO Category: Hazmats APN: .... WO T~pe: C~ Reimb.: Y N ~ RP Gode: WORK ORDER NAME: .~:}J/'~ ~. O~j,3 RESPONSIBLE PARTY (RP) NAME: .n~f/J/~ ~'~ ~,~ RP CONTACT: ~{~/~ ~' Omu,'~ RP ADDRESS: ~,~, ,~o< /D~6 RP CITY: ~D./~,:~'~J~ STATE: f/a ZIP: RP PHONE NOS.: (~c) ~,57~<~ ~,> ~ ( ) INSPECTOR: PROGRAM:~ HMMP-~nforc-m~' HMMP-Permitting DESCRIPTION: ~ ~,~o~ V~2,/~~ FACILITY , NAME: ,/~ /~/~ 7J/u~?-~-' REPORTING PERSON: PHONE N0. COMMENTS: STEVE McCALLEY, R.E.H.S. ~ 2700 "M" Street, Suite 300 DIRECTOR V Bakersfield, CA 93301 (805) 861-3636 (805) 861-3429 FAX December 29, 1992 Roberto and Leslie Martinez 415 E. Brundage Lane Bakersfield, California 93307 SUBJECT: Conference on Friday 12/18/92 Dear Mr. and Mrs. Martinez: I have reviewed the notes from our conference and interviewed Mr. Joe Canas regarding your allegations of inappropriate behavior by Mr. Terry Gray involving your property on East Brundage Lane. Based on that' information, I don't feel Mr. Gray acted inappropriately nor is involved in a conspiracy to bring harm to you or your businesses. I requested Mr. Canas to reinforce to all his staff the importance of treating our clients in the same fashion as we would want to be treated and also the importance of how we communicate to our clients. We will be contacting Mr. Davis regarding his responsibility involving the property you presently own at 415 E. Brundage Lane. However, your responsibilities as the current owner will not be completely absolved. It appears that the problems at 401 E. Brundage Lane have not been abated as you suggested. We have not received the results of the samples your contractor took nor have we received a plan to handle and dispose of the hazardous waste located at this site. Thank you for meeting with me on December 18, 1992, and I hope the problems associated with your properties can be solved in a timely manner. Please contact Mr. Joe Canas at (805) 861-3637 ext.578 if you have further questions or need information. Sincerely, C~4~Y: M~eChapman, Chief, EHS F~eld Services and MC:jg Hazardous Materials Division INVOICE NO. ENVIRONMENTAL LABORATORIES, INC. J. J. EQBN, REG. CHEM. ENGR. PETROLBJ¥ 4100 ATLAS COURT, BAKERSFIELD, CALIFORNIA 93308 PHONE 327-4911; FAX 327-1918 KC[~ P.O. NUMBER DATE CLIENT NO. 301281 07-10--92 KERN C(TJNTY ENVIRONMENTAL I-[F_A~TH DIVISION SUBMITTED ON LABORATORY SAMPLE NO. M STREET, STE 300 06-11-92 5231 SUBMITTED BY Bakersfield, CA 93301 KERN COUNTY ENVIRONMENTAL HEALTH DEPT. At~.n: Mr. Shoenhair TERMS: 861-3636 NET 30 DAYS PAGE 1 QUANTITYDESCRIPTION OF SERVICE UNIT AMOUNT 1ADD'N LEONARD AUTO REPAIR, 407 & 411 BRUNDAGE LANE, ~IELD, CA. 93307; # TG-920416-1A, SOIL, OILY BLACK-COUNTY SAMPLE. SAMPLE WAS TAKEN ON 04-16-92 @ 3:40pm BY TERRY GRAY. SAb~LES: 1ADD ' N 107 95. O0 95. OO 1 STLG: Extraction, Pb $95.00 ~LEASE REFER TO THE INVOICE NUMBER ABOVE WHEN MAKING YOUR PAYMENT. THIS IS YOUR INVOICE .WE OD NOT ITEMIZE (~ Printed on RECOVERda recycled carbonless Da~er mede with Dost consumer waste, INVOICE NO. EJ~/IRONMENTAL LABORATORIES, INC. Jo J. EGUN, REG. CHEM. ENGR. PETROLEUM 4100 ATLAS COURT, BAKERSFIELD, CALIFORNIA 93308 PHONE 327-4911; FAX 327-1918 KCHLA P.O. NUMBER DATE CLIENT NO. 301281 O'3'-10-92 KERN COUNTY ENVIRONMENTAL HEALTH DIVISION SUBMITTED ON LABORATORY SAMPLE NO. 2700 M ~, ~ 300 06-11-92 5231 SUBMITTED BY Bakersfield, CA 93301 KERN COUNTY ENVIRONMENTAL HEALTH DEPT. Attn: Mr. shoenhair TERMS: 861-3636 NET 30 DAYS PAGE 1 -------- UNIT AMOUNT QUANTITY DESCRIPTION OF SERVICE -------- LADD'N LEONARD AUTO REPAIR, 40? & 411 BRUNDAGE LANE, BAKERSFIELD, CA. 93307; # TG-920416-1A, SOIL, OILY BLACK-COUNTY SAMPLE. SAV~LE WAS TAKEN ON 04-16-92 @ 3:40pm BY TERRY GRAY. SAV~LES: 1ADD'N 10? 95.00 95.00 I STLC: Extraction, Pb $95. oo EASE REFER TO THE INVOICE NUMBER ABOVE WHEN MAKING YOUR PAYMEN....._..~T THIS IS YOUR INVOICE .WE DO NOT ITEMIZE AG, Printed on RECOVER"' recycled carbonteas I~aoer made with Dost consumer waste. t.~t~OFR~TOF~ES KERN COUNT~ ENVIRONMENTAL HEALTH DEPT. Date Reported: 07/06/92 2700 M STREET, STE 300 Date Received: 06/11/92 Bakersfield, CA 93301 Laboratory No.: 5231-1ADD'N Attn.: TERRY GRAY 861-3636 WET TEST EXTRACT CONTAMINANTS AIqALYZED ACCORDING TO TITLE 22, ARTICLE 11, CALIFORNIA CODE OF REGULATIONS FOR HAZARDOUS WASTE DETERMINATION (STLC) Sample Description: LEONARD AUTO REPAIR, 407 & 411 BRUNDAGE LANE, BA/~ERSFIELD, CA. 93307; ~ TG-920416-1A, SOIL, OILY BLACK-COU1TrY SAMPLE. SAMPLE WAS TAKEN ON 04-16-92 ® 3:40pm BY TERRY GRAY. Regulatory Sample Results Method Criteria Constituents mq/liter P.Q.L. Method STLC Lead 11. 0.5 SW-6010 5.0 Comment: Ail metals reported above are in mg/liter on a filtrate basis (STLC) . These results are based on extracting sample according to Title 22, Article 11, California Administrative Code using a 48-hour citric acid (deionized water for hexavalent chromium) extraction. P.Q.L. = Practical Quantitation Limit (refers to the least amount of analyte detectable based on sample size used and analytical technique employed). STLC = Soluble Threshold Limit Concentration REFERENCES: SW = "Test Methods for Evaluating Solid Wastes Physical/Chemical Methods", EPA-SW-846, September, 1986. Department Supervisor LABORATORIES KERN COUNTY ENVIRONMENTD. L HED. LTH DEPT. Date Reported: 06/18/92 Page 1 2700 M STREET, STE 300 Date Received: 06/11/92 Bakersfield, CA 93301 Laboratory No.: 5231-1 Attn.: TERRY GR~Y 861-3636 Sample Description: LEONARD AUTO REPAIR, 407 & 411 BRUNDAGE LANE, BAKERSFIELD, CA. 93307; ~ TG-920416-1A, SOIL, OILY BLACK-COUNTY SAMPLE. SAMPLE WAS TA/<EN ON 04-16-92 @ 3:40pm BY TERRY GRAY. TOTAL CONTAMINANTS (Title 22, Article 11, California Code of Regulations) Regulatory Criteria Method STLC TTLC Constituents Sample Results Units P.Q.L. Method mq/L mq/kq Lead 134. mg/kg 3.5 SW-6010 5.0 1000. Comment: Ail constituents reported above are in mg/kg (unless otherwise stated) on an as received (wet) sample basis. Results reported represent totals (TTLC) as sample subjected to appropriate techniques to determine total levels. P.Q.L. = Practical Quantitation Limit (refers to the least amount of analyte detectable based on sample size used and analytical technique employed. STLC = Soluble Threshold Limit Concentration TTLC = Total Threshold Limit Concentration REFERENCES: SW = "Test Methods for Evaluating Solid Wastes Physical/Chemical Methods", SW 846, September, 1986. Department Supervisor LAE]OF~/~TO~IES KERN COUNTY ENVIRONMENTAL HEALTH DEPT. Date Reported: 07/06/92 2700 M STREET, STE 300 Date Received: 06/11/92 Bakersfield, CA 93301 Laboratory No.: 5231-1ADD,N Attn.: TERRY GRAY 861-3636 WET TEST EXTRACT CONTAi~INANTS AI~ALYZED ACCORDING TO TITLE 22, ARTICLE il, CJ~LIFOR~IA CODE OF REGULATIONS FO~ HAZARDOUS W/~STE DETE~,~II~ATION (STLC) Sample Description: LEONARD AUTO REPAIR, 407 & 411 BRUIIDAGE LANE, BAF~ERSFIELD, CA. 93307; # TG-920416-1A, SOIL, OILY BLACK-COUNTY SAMPLE. SAMPLE WAS TAKEN ON 04-16-92 $ 3:40pm BY TERRY GP~AY. Regulatory Sample Results Method Criteria Constituents mq/liter P.Q.L. Method STLC Lead 11. 0.5 SW-6010 5.0 Comment: Ail metals reported above are in mg/liter on a filtrate basis (STLC). These results are based on extracting sample according to Title 22, ~Lrticle 11, California Administrative Code using a 48-hour citric acid (deionized water for hexavalent chromium) extraction. P.Q.L. = Practical Quantitation Limit (refers to the least amount of analyte detectable based on sample size used and analytical technique employed). STLC = Soluble Threshold Limit Concentration REFERENCES: SW = "Test Methods for Evaluating Solid Wastes Physical/Chemical Methods", EPA-SW-846, September, 1986. Department Supervisor .,,.,- County Environmental Health e vices Department Hazardous Materials Sample Analysis Request (S05)'S61-3636 2700 'M' STREET, SUITE 300 No ~'~ ~/- I To BAKERSFIELD, CA 93301 PRIORITY ( ) ~ '. '-~-'C~ ~ C~ (~x~lain) PART 1: FIELD SECTION CollectOrHours ~Y Date Sampled ~-/d-~ Tlme~: ~op~ Activity: ( ) Enforcement ( ) ASP ( ) H,W, Property ( ) Super ( ) Other LOCATION OF SAMPLING: Number Street City Zip No Collector's Type of (Lab Only) Sample No. ..Sample FIELD INFORMATION Analysis Requested: -~hain of Custody: ~/'/6-~;~, Signature Title Inclusive Dat~ Signature Title Incisive Dat~ 4. Signat ute Title Inclusive Dat~ Sp~ial Remar~ ~e.$. doplicate sample g~ven to company, etc. J PART II: LA~ORATORY SECTION Received By ~"'/~ / _'~.~. , Sample Allocation: ( ) ( ) ( ) ( ) Orbgr Dare Analysi~ Regulred ~dicate whether sample is sludge, sod, etc. DG:cae ~gough\analysis\frm SMITH - GUTCHER AND ASSOCIATES, INC. Consulting Geologists 7201 Charity Avenue Bakersfield, California 93308 (805) 589-7861 August 20, 1993 Mr. Terry Gray County of Kern Environmental Health Services Department 2700 M Street, Suite 300 Bakersfield, California 93301 Dear Mr. Gray: On July 26, 1993 fifty test holes were hand augured on the southern portions of properties located at 407, 409, and 411 Brundage Lane in Bakersfield, California (see Figures 1 and 2). The work was done in accordance with a work plan dated July 12, 1993. It was undertaken to ascertain an estimate of the amount of oil contaminated soil on the properties. Thirty test holes were hand augured on the property located at 407 Brundage Lane. They ranged in depth from 0.6 of a foot to 1.2 feet. Twenty test holes were hand augured on the properties located at 409 and 411 Brundage Lane. A fence divides 407 Brundage Lane form 409 Brundage Lane (see Figure 2). The test holes ranged in depth from 0.4 to 0.7 of a foot. The~ test hole locations are shown on Figure 2. Table 1 list the test holes showing the thickness of oil stained soil and the total depth of each test hole. Based on the test holes, the property located at 407 Brundage Lane contains oil stained soil, which is visible at the surface, along the western and southern edges of the concrete slab. The southern half to two-thirds of the property, south of the build- ing, is covered by a thin layer of clean backfill. It generally ranges in thickness from 0.1 to 0.2 of a foot. The oil stained SUBJECT PROPERTIES I Tteatmt. n i Plalll ~:~ .... SI. I:: , I I:: riTE I: MELVIN DAVIS PROPERTY LOCATION MAP MELV I N DAVIS PROPERTI ES TEST HOLE LOCATION MAP MELVIN DAVIS PROPERTY TEST HOLE NOS. I THROUGH 50 THICKNESS THICKNESS TEST TEST HOLE OF OIL TOTAL HOLE OF OIL TOTAl. NO. STAINED DEPTH NO. STAINED DEPTH SOIL SOIL 1 0 to 0.6' 0.6' 26 0 to 0.1' 0.5' 2 0 to 0.6' 0.6' 27 .1' to 0.7' 1.1' 3 0 to 0.6' 0.6' 28 .1' to 0.5' 1.0' 4 0 to 0.5' 1.4' 29 .2' to 0.4' 0.7' 5 .1' to 0.4' 0.6' 30 .2' to 0.7' 0.9' 6 clean 0.6' 31 0 to 0.5' 0.7' 7 clean 0.6' 32 0 to 0.5' 0.7' 8 clean 1.0' 33 0 to 0.2' 0.6' 9 clean 1.0' 34 0 to 0.5' 0.7' 10 clean 1.0' 35 0 to 0.5' 0.7' 11 .2' to 0.2' 0.6' 36 0 to 0.5' 0.7' 12 clean 0.8' 37 0 to 0.5' 0.7' 13 clean 1.0' 38 0 to 0.2' 0.7' 14 0 to 0.4' 1.2' 39 .1' to 0.7' 1.0' 15 0 to 0.2' 1.0' 40 0 to 0.7' 0.8' 16 .2' to 0.6' 1.2' 41 .1' to 0.7' 0.9' 17 .1' to 0.7' 1.2' 42 .2' to 0.7' 0.9' 18 .1' to 0.7' 1.0' 43 too rocky 19 .1' to 0.5' 1.0' 44 .2' to 0.3' 0.5' 20 0 to 0.5' 1.0' 45 clean 0.5' 21 0 to 0.7' 1.0' 46 .1' to 0.4' 0.5' 22 0 to 0.7' 0.9' 47 .1' to 0.5' 0.7' 23 0 to 0.4' 0.7' 48 0 to 0.5' 0.8' 24 0 to 0.3' 0.8' 49 0 to 0.5' 0.8' 25 0 to 0.5' 0.8' 50 .1' to 0.7' 0.8' Table 1 Mr. Terry Gray August 20, 1993 Page 2 soil underlies this backfill. The southern 25 to 30 feet of the property appears to be fairly clean. Very little to no oil staining was observed. There appears to be only about 0.2 of a foot of oil stained soil along the line connecting Test Hole Nos. 5, 15, 14, and 29. North of these four test holes the oil stained layer thickens. Figure 3 shows the area were the approx- imate thickness of oil stained soil is 0.6 of a foot. All the test holes on this portion of the properties except Test Hole No. 1, 2, and 3 extended through the oil stained soil layer and into fairly clean soil. The clean soil contained a slight petroleum odor in some of the test holes but contained little to no oil staining. Test Hole Nos. 1, 2, and 3 encountered a hard oil stained gravel layer. The hand auger was unable to penetrate the layer in this area. The test holes augured on the property located at 409 and 411 Brundage Lane encountered oil stained soil over almost all the property south of the concrete slab. As with a portion of the property at 407 Brundage Lane, the southern portion of the properties at 409 and 411 Brundage Lane were covered by a thin layer of clean backfill material. It was approximately 0.2 of a foot thick. The oil stained soil extended form the base of the clean backfill to a depth of approximately 0.6 of a foot. The eastern portion of the property at 407 Brundage Lane and the properties at 409 and 411 Brundage Lane are underlain by a thin gravel layer. The gravel layer was oil stained were it was encountered in the test holes. It was either located near the surface or immediately beneath the clean backfill. SMITH- GUTCHER AND ASSOCIATES, INC. MELVIN DAVIS PROPERTY MAP SHOWING LIMITS OF OIL STAINED SOIL Mr. Terry Gray August 20, 1993 Page 3 It appears, based on the soil observed in the 50 test holes, that the oil stained soil extends to a depth of approximately 0.6 of a foot over much of the three properties. All the test holes were augured until fairly clean soil was encountered. The "clean" soil was generally free of oil staining and had little to no petroleum odor. Due to the thickness of the oil stained soil, no soil samples were collected for analyses. It appears that a more cost effec- tive disposal method will be needed due to a larger than expected volume of contaminated soil. It is estimated that there is approximately 102 cubic yards of oil contaminated (stained) soil on the properties. The area that contains the most highly contaminated soil is located along the south edges of the concrete slabs and along the western edge of the concrete slab at 407 Brundage Lane. The contaminated soil is visible at the surface over most of this area. The following is my recommendation for remediation of the oil stained soil at the three properties discussed above. I recom- mend excavating a 25 foot wide strip of soil along the southern edge of the buildings and concrete slabs for a width of approxi- mately 95 feet across the properties as well as along the western edge of the concrete slab at 407 Brundage Lane. Figure 4 shows the limits of the excavation to a depth of approximately 0.5 of a foot. The excavated soil would be stockpiled in the southern portion of the properties. SMITH- GUTCHER AND ASSOCIATES, INC. MELVIN DAVIS PROPERTY MAP SHOWING LIMITS OF EXCAVATION Mr. Terry'Gray August 20, 1993 Page 4 The stockpiled soil would be sampled and analyzed for the con- stituents needed to approve disposal. Several soil samples would be collected form the area where the contaminated soil was excavated to verify acceptable cleanup. The area would then be backfilled with clean soil. A more detailed work plan will follow for your approval. The work plan will include the number of soil samples to be collected and types of analyses as well as the health and safety plan. The work plan would be in a simplified form due to the nature of the work. If you have any questions regarding the proposed work, please feel free to call. Yours tr~.y~ I ~l DUANE R. SMITH l~l uane R. Smith ~ ¥\ N0.3584 /~ ] Registered Geologist ~~ j~/ State of California No. 4584 DRS/ds cc: Mr. Melvin Davis DA¥1$1 .LTR SMITH- GUTCHER AND ASSOCIATES, INC. ENVIRONMENTAL HEALTH SERVICES DEPARTMENT STEVE McCALLEY, R.E.H.S. ' f~ 27o0 'M' Street, Suite 300 DIRECTOR ~ Bakersfield, CA 93301 (805) 861-3636 (805) 861-3429 FAX July 20, 1993 Melvin G. Davis P. O. Box 10926 Bakersfield, CA 93309 SUBJECT: WASTE OIL CONTAMINATION AT 411, 409, & 407 BRUNDAGE LANE BAKERSFIELD, CALIFORNIA Dear Mr. Davis: The workplan that was submitted by Smith-Gutcher and Associates, dated July 12, 1993, has been reviewed by this Department. The workplan meets the minimum requirements for initial characterization of the site. A report that addresses the extent of waste oil contamination and remediation methods must be provided to this Department within, thirty (30) days of completion of this initial /nvestigation. If you have any questions, you may contact me at (805) 861-3636. Sincerely, Steve McCalley, Director By: Terry L. Gray Hazardous Materials Inspector Hazardous Materials Management Program TLG:cas cc: Roberto and Leslie Martinez Smith-Gutcher & Associates N~rayClavi.s3.1ct Consulting Geologists il Bakersfield, California 93308 (805) 589-7861 3u[y [2, [993 ~r. Terry Gray County of Kern Environmental Health Services Department . 2700 M Street, Suite 300 Bakersfield, California 93301 Dear Mr. Gray: The following is a work plan for characterization and remediation of oil contaminated soil at two properties located at 407 and 409 Brundage Lane in Bakersfield, California. The properties are located in Section 32, T.29S., R.28E., M.D.B.& M. The work plan is being prepared at the request of Mr. Melvin Davis in accor- dance with a requirement by the County of Kern, Environmental Health Services Department. The oil contaminated soil is located south of the two structures on the properties. An ally is located along the south edge of the two properties. Figure 1 shows the area between the two buildings and the ally. The soil has been contaminated by past use of the properties for automotive and transmission repair businesses. A visual inspection of the two properties found oil contaminated soil around the concrete slabs located along the south sides of the buildings. The contaminated soil appears to extend towards the ally. At this time it is not known how far south the contam- ination extends. After a discussion with Mr. Melvin Davis, it was decided that a number of shallow test holes were needed to ascertain an estimate of the amount of contaminated soil that would be removed from the SUBJEC:T PROPERTI ES q. 07 AND q-09 BRUNDAGE LANE TEST HOLE LOCATION MAP Mr. Terry Gray County of Kern July 12, 1993 Page 2 properties. I plan on hand auguring a number of shallow test holes between the buildings and the ally to visually inspect the soil. Selected soil samples will be collected at this time. Based on the visual inspection of the soil, an estimate will be made of the amount of soil to be removed from the properties. Some of the soil samples may be analyzed depending on the esti- mated amount of contaminated soil. Once an estimate of the amount of soil to be removed has been made, a decision as to the most economical disposal method will be decided. Additional soil analyses may be needed depending on the disposal method. At this time it appears that the soil will be recycled at Gibson Oil and Refining. MP Environmental Services Incorporated will excavate and trans- port the contaminated soil to the appropriate disposal site. A backhoe will be used to excavate the soil. Clean backfill will be imported to level the properties once the work is completed. Nine conformation soil samples will be collected once the contam- inated soil has been removed. Five will be collected at 407 Brundage Lane and four will be collected at 409 Brundage Lane. The approximate locations are shown on Figure 1. These soil samples will be used to confirm removal of an adequate amount of soil to satisfy County of Kern requirements. The sediments underlying the properties consists of Recent alluvial fan deposits of the San Joaquin Valley. The sediments are composed generally of loosely consolidated sands and gravels. SMITH- GUTCHER AND ASSOCIATES, INC. Mr. Terry Gray County of Kern July 12, 1993 Page 3 Based on Kern County Water Agency data, the depth to the primary groundwater below the properties was about 190 feet in January 1991. There was no known perched groundwater (less than 20 feet below the surface) below the properties in early 1991. Soil samples will be collected using a hand driven core sampler. The sampler holds a two inch diameter by two inch long brass liner. The core sampler will be driven through the proper interval after the hole is drilled to the sample depth with the hand auger. The brass liner will be removed from the sampler and the end covered with Teflon seals and polyethylene caps. The liner will then be placed in a polyethylene sample bag and the bag sealed and labeled. Each bagged liner will retained in a chilled state for possible future analyses at BC Laboratories. The sample equipment will be scrubbed, washed, and thoroughly rinsed between each sample collection. I you have any questions regarding the work plan, please feel free to call. ~~oursf~'~ ~/;~tru ly~. ,~ ~ D~~, usna R. Smith ~t~ N0.3584 ]~ ! Registered Geologist State of California No. 3584 DRS/ds ~ cc: Mr. Melvin Davis SM. TH- GUTCHER AND ASSOCIATES, INC. ENVIRONMENTAL HEALTH SERVICES DEPARTMENT STEVE McCALLEY, R.E.H.S. '~~. 2700 "M" Street, Suite 300 ,805, 8,,-3.=8 FAx July 2, 1993 Melvin G. Davis P. O. Box 10926 Bakersfield, CA 933'09 SUBJECT: WASTE OIL CONTAMINATION AT 411, 409, & 407 BRUNDAGE LANE, BAKERSFIELD, CALIFORNIA Dear Mr. Davis: This letter is to remind you of necessary work at the subject site. A review of our records indicates that a work plan for sampling and clean up for the above-noted site has not been received by this office. Please forward a work plan to this office within seven (7) days of receipt of this letter. If you have any questions regarding this matter, please contact this office at (805) 861-3636. Sincerely, Steve McCalley, Director By: Terry L. Gray Hazardous Materials Inspector Hazardous Materials Management Program TLG:cas cc: Roberto Martinez ~gmy.davis2.1et r E^LTOr ' 'MELVIN G. DAVIS REALTOR BOX 1 0 9 2 6 BAKERSFIELD, C,~[~[182[M 9 3 3 8 9 397-1330 APRIL 14, 1993 MR. TERRY L. GRAY HAZARDOUS MATERIALS INSPECTOR ENVIRONMENTAL HEALTH SERVICES DEPT. 2700 M ST., STE. 300 BAKERSFIELD, CA. 93301 DEAR MR. GRAY: RE: 407 E. BRUNDAGE LN. OWNER: R. MARTINEZ HERE IS A STATUS REPORT ON THE ABOVE OWNER AND PROPERTY. ENCLOSED PLEASE FIND THE FOLLOWING: 1. LETTER DATED 4-5-93 FROM ATTORNEY ROBERT WILLIAMS ALONG WITH VOLUNTARY PETITION FOR BANKRUPTCY; 2. NOTICE FROM BANKRUPTCY COURT SETTING FIRST HEARING FOR JUNE 2, 1993; 3. NOTICE FROM COURT FOR PROOF OF CLAIM ARROUND $11,500.00; 4. COPY OF LETTER TO ME AND WZI FROM MARTINEZ DATED 3-31-93 JUST RECEIVED YESTERDAY; 5. COPY OF LETTER TO WZI DATED TODAY. SINCERELY, Mr. Terry Gray County of Kern October 21, 1993 Page 2 extends to a depth of approximately 0.6 of a foot over much of the properties. It is estimated that there is approximately 102 cubic yards of contaminated soil on the properties. It was decided that further characterization was needed to ascertain if the oil contaminated soil was hazardous and whether or not it could be left in-place and capped with asphalt. You stated that this might be acceptable to the County if chemical analyses indicated that the soil was not hazardous. Based on our discussion, I am proposing the collection of 10 randomly selected soil samples from the properties and one background soil sample from the southern portion of the property at 413 Brundage Lane. The sampling would involve collecting 10 soil samples at 10 randomly selected locations. The sample locations were computer generated. The surface of the properties was divided into a 10 foot grid pattern (see Figure 3). Each grid pattern was numbered from 1 through 59. Simple random sample locations from this grid pattern were generated using a Packard Bell 386SX computer which selected the 10 sample loca- tions. The computer program is shown in Appendix B. Table 1 shows the 10 grid locations selected. The sample locations within the grids are numbered Sample Nos. 1 through 10. Figure 4 shows the grids in which the sample locations are situated. Eight of the oil samples will be collected from the oil contami- nated interval. Two of the soil samples will be collected from a depth of approximately 2 feet below the ground surface to help ascertain if the soil below the oil contaminated interVal is contaminated. Three of the eight soil samples collected from the oil contaminated interval will be analyzed for CAM 17 heavy metals. SMITH- GUTCHER AND ASSOCIATES, INC. MELVIN DAVIS PROPERTIES SAMPLE GR I D PATTERN RANDOM SELECTION OF SAMPLE LOCATIONS MELVIN DAVIS PROPERTIES, BRUNDAGE LANE SAMPLE LOCATION GRID SQUARE 1 34 2 42 3 50 4 26 5 9 6 8 7 31 8 24 9 53 10 11 Table 1 MELVI N DAVIS PROPERTI ES SAMPLE GR I D PATTERN Mr. Terry Gray County of Kern October 21, 1993 Page 3 Each of the 10 soil samples will be analyzed for total lead (EPA Method 3050/6010). Three of the eight soil samples collected from the oil contaminated interval will be analyzed for CAM 17 heavy metals (SW 6010 or SW 7000). The two foot soil samples will be analyzed for only total lead. Analysis for soluble lead will be performed if needed. The background soil sample will be analyzed for total lead and CAM 17 heavy metals. The soil samples will be analyzed by BC Laboratories in Bakers- field. The quality assurance and quality control of the labora- tory are available from BC Laboratories upon request. The sediments underlying the properties consists of Recent alluvial fan deposits of the San Joaquin Valley. The sediments are composed generally of loosely consolidated sands and gravels. Based on Kern County Water Agency data, the depth to the primary groundwater below the properties was about 190 feet in January 1991. There was no known perched groundwater (less than 20 feet below the surface) below the properties in early 1991. Soil samples will be collected using a hand driven core sampler. The sampler holds a two inch diameter by two inch long brass liner. The core sampler will be driven through the proper interval after the hole is drilled to the sample depth with the hand auger. The brass liner will be removed from the sampler and the end covered with Teflon seals and polyethylene caps. The liner will then be placed in a polyethylene sample bag and the bag sealed and labeled. Each bagged liner will retained in a chilled state for possible future analyses at BC Laboratories. SMITH- GUTCHER AND ASSOCIATES, INC. Mr. Terry Gray County of Kern October 22, 1993 Page 4 The sample equipment will be scrubbed, washed, and thoroughly rinsed between each sample collection. If you have any questions regarding the work plan, please feel free to call. Yours tr~.y,~. Duane R. Smith Registered Geologist State of California No. 3584 DRS/ds cc: Mr. Melvin Davis SMITH- GUTCHER AND ASSOCIATES, INC. SMITH- GUTCHER AND ASSOCIATES, INC. Consulting Geologists 7201 Charity Avenue Bakersfield, California 93308 (80§) 589-7861 August 20, 1993 Mr. Terry Gray County of Kern Environmental Health Services Department 2700 M Street, Suite 300 Bakersfield, California 93301 Dear Mr. Gray: On July 26, 1993 fifty test holes were hand augured on the southern portions of properties located at 407, 409, and 411 Brundage Lane in Bakersfield, California (see Figures 1 and 2). The work was done in accordance with a work plan dated July 12, 1993. It was undertaken to ascertain an estimate of the amount of oil contaminated soil on the properties. Thirty test holes were hand augured on the property located at 407 Brundage Lane. They ranged in depth from 0.6 of a foot to 1.2 feet. Twenty test holes were hand augured on the properties located at 409 and 411 Brundage Lane. A fence divides 407 Brundage Lane form 409 Brundage Lane (see Figure 2). The test holes ranged in depth from 0.4 to 0.7 of a foot. The test hole locations are shown on Figure 2. Table 1 list the test holes showing the thickness of oil stained soil and the total depth of each test hole. Based on the test holes, the property located at 407 Brundage Lane contains oil stained soil, which is visible at the surface, along the western and southern edges of the concrete slab. The southern half to two-thirds of the property, south of the build- ing, is covered by a thin layer of clean backfill. It generally ranges in thickness from 0.1 to 0.2 of a foot. The oil stained Appendix A SUBJECT PROPERTIES MELVIN DAVIS PROPERTIES TEST HOLE LOCATION MAP MELVIN DAVIS PROPERTY TEST HOLE NOS. I THROUGH 50 THICKNESS THICKNESS TEST TEST OF OIL TOTAL HOLE OF OIL TOTAL HOLE STAINED DEPTH STAINED DEPTH NO. NO. SOIL SOIL 1 0 to 0.6' 0.6' 26 0 to 0.1' 0.5' 2 0 to 0.6' 0.6' 27 .1' to 0.7' 1.1' 3 0 to 0.6' 0.6' 28 .1' to 0.5' 1.0' 4 O to 0.5' 1.4' 29 .2' to 0.4' 0.7' 5 .1' to 0.4' 0.6' 30 .2' to 0.7' 0.9' 6 clean 0.6' 31 0 to 0.5' 0.7' 7 clean 0.6' 32 0 to 0.5' 0.7' 8 clean 1.0' 33 0 to 0.2' 0.6' 9 clean 1.0' 34 0 to 0.5' 0.7' 10 claan 1.0' 35 0 to 0.5' 0.7' 11 .2' to 0.2' 0.6' 36 0 to 0.5' 0.7' 12 clean 0.8' 37 0 to 0.5' 0.7' 13 clean 1.0' 38 0 to 0.2' 0.7' 14 0 to 0.4' 1.2' 39 .1' to 0.7' 1.0' 15 O to 0.2' 1.O' 40 O to 0.7' 0.8' 16 .2' to 0.6' 1.2' 41 .1' to 0.7' 0.9' 17 .1' to 0.7' 1.2' 42 .2' to 0.7' 0.9' 18 .1' to 0.7' 1.0' 43 too rocky 19 .1' to 0.5' 1.0' 44 .2' to 0.3' 0.5' 20 0 to 0.5' 1.0' 45 clean 0.5' 21 0 to 0.7' 1.0' 46 .1' to 0.4' 0.5' 22 0 to 0.7' 0.9' 47 .1' to 0.5' 0.7' 23 0 to 0.4' 0.7' 48 0 to 0.5' 0.8' 24 0 to 0.3' 0.8' 49 0 to 0.5' 0.8' 25 0 to 0.5' 0.8' 50 .1' to 0.7' 0.8' Table 1 Mr. Terry Gray August 20, 1993 Page 2 soil underlies this backfill. The southern 25 to 30 feet of the property appears to be fairly clean. Very little to no oil staining was observed. There appears to be only about 0.2 of a foot of oil stained soil along the line connecting Test Hole Nos. 5, 15, 14, and 29. North of these four test holes the oil stained layer thickens. Figure 3 shows the area were the approx- imate thickness of oil stained soil is 0.6 of a foot. All the test holes on this portion of the properties except Test Hole No. 1, 2, and 3 extended through the oil stained soil layer and into fairly clean soil. The clean soil contained a slight petroleum odor in some of the test holes but contained little to no oil staining. Test Hole Nos. 1, 2, and 3 encountered a hard oil stained gravel layer. The hand auger was unable to penetrate the layer in this area. The test holes augured on the property located at 409 and 411 Brundage Lane encountered oil stained soil over almost all the property south of the concrete slab. As with a portion of the property at 407 Brundage Lane, the southern portion of the properties at 409 and 411 Brundage Lane were covered by a thin layer of clean backfill material. It was approximately 0.2 of a foot thick. The oil stained soil extended form the base of the clean backfill to a depth of approximately 0.6 of a foot. The eastern portion of the property at 407 Brundage Lane and the properties at 409 and 411Brundage Lane are underlain by a thin gravel layer. The gravel layer was oil stained were it was encountered in the test holes. It was either located near the surface or immediately beneath the clean backfill. SMITH- GUTCHER AND ASSOCIATES, INC. Mr. Terry Gray August 20, 1993 Page 3 It appears, based on the soil observed in the 50 test holes, that the oil stained soil extends to a depth of approximately 0.6 of a foot over much of the three properties. All the test holes were augured until fairly clean soil was encountered. The "clean" soil was generally free of oil staining and had little to no petroleum odor. Due to the thickness of the oil stained soil, no soil samples were collected for analyses. It appears that a more cost effec- tive disposal method will be needed due to a larger than expected volume of contaminated soil. It is estimated that there is approximately 102 cubic yards of oil contaminated (stained) soil on the properties. The area that contains the most highly contaminated soil is located along the south edges of the concrete slabs and along the western edge of the concrete slab at 407 Brundage Lane. The contaminated soil is visible at the surface over most of this area. The following is my recommendation for remediation of the oil stained soil at the three properties discussed above. I recom- mend excavating a 25 foot wide strip of soil along the southern edge of the buildings and concrete slabs for a width of approxi- mately 95 feet across the properties as well as along the western edge of the concrete slab at 407 Brundage Lane. Figure 4 shows the limits of the excavation to a depth of approximately 0.5 of a foot. The excavated soil would be stockpiled in the sOuthern portion of the properties. SMITH- GUTCHER AND ASSOCIATES, INC. MELVIN DAVIS PROPERTY MAP SHOWING LIMITS OF OIL STAINED SOIL MELVI N DAVIS PROPERTY MAP SHOWING LIMITS OF EXCAVATION Mr. Terry Gray August 20, 1993 Page 4 The stockpiled soil would be sampled and analyzed for the con- stituents needed to approve disposal. Several soil samples would be collected form the area where the contaminated soil was excavated to verify acceptable cleanup. The area would then be backfilled with clean soil. A more detailed work plan will follow for your approval. The work plan will include the number of soil samples to be collected and types of analyses as well as the health and safety plan. The work plan would be in a simplified form due to the nature of the work. If you have any questions regarding the proposed work, please feel free to call. Yours truly, Duane R. Smith Registered Geologist State of California No. 4584 DRS/ds cc: Mr. Melvin Davis DAVISI .~R SMITH- GUTCHER AND ASSOCIATES, INC. 'Program RSDAVIS1.BAS 'QuickBASIC (v. 4.0) program to generate random sample locations 'based on a grid pattern shown on a modified site map. Programmed 'for the Melvin Davis Properties at 407, 409, 411, and 413 Brundage 'Lane, Bakersfield, California. The program selects ten (10) 'random sample locations from a grid of fifty-nine (59) possible 'sample points. DIM sample(1 TO 59), SAMPLES(10) AS INTEGER I% = 1 DO RANDOMIZE TIMER TEMP% = INT(59 * RND + 1) IF sample(TEMP%) = 0 THEN sample(TEMP%) = 1 SAMPLES(I%) = TEMP% I% = I% + 1 END IF LOOP UNTIL I% = 11 LPRINT : LPRINT : LPRINT : LPRINT LPRINT : LPRINT : LPRINT : LPRINT LPRINT TAB(21); "RANDOM SELECTION OF SAMPLE LOCATIONS" LPRINT TAB(20); "MELVIN DAVIS PROPERTIES, BRUNDAGE LANE" LPRINT : LPRINT : LPRINT : LPRINT LPRINT TAB(20); " SAMPLE LOCATION"; " GRID SQUARE" LPRINT FOR I% = 1 TO 10 LPRINT TAB(25); " "', I%, " "', SAMPLES(I%) LPRINT NEXT I% LPRINT LPRINT Appendix B ENVIRONMENTAL HEALTH SERVICES DEPARTMENT STEVE McCALLEY, R.E.H.S. ~ 2700 "M" Street, Suite 300 DIRECTOR V' Bakerefield, CA 93301 (805) 861-3636 (8OS) 861-3429 FAX September 3, 1993 Melvin G. Davis P. O. Box 10926 Bakersfield, CA 93309 SUBJECT: WASTE OIL CONTAMINATION AT 411, 409, & 407 BRUNDAGE LA_NE BAKERSFIELD, CALIFORNIA Dear Mr. Davis: The Smith-Gutcher and Associates report dated August 20, 1993, has been reviewed by this Department. The report details the extent of waste oil contamination and provides recommendations for clean up of the affected area. This office concurs with the method of site remediation: However, without further site characterization, the scope of the proposed excavation work plan must be enlarged to include all visibly contaminated soils. Enclosed is a map detailing requested modifications to the work plan for expansion of the excavation area. The only areas not requiring excavation are in .the vicinity of borings 6 through 10 and borings 12 and 13, which indicate clean soil. Please submit a detailed work plan for site activities during excavation, including a site safety plan, sampling protocol, and proposed disposal plans for the soil pile. The work plan must be submitted for review by this office for review within three weeks of receipt of this letter. After review and approval of the work plan, implementation must be initiated within fourteen (14) days. If you have any questions, you may contact me at (805) 861-3636. Sincerely, Steve McCalley, Director By: Terry L. Gray Hazardous Materials Inspector Hazardous Materials Management Program TLG:cas Enclosure cc: Roberto and Leslie Martinez Smith-Gutcher & Associates ~gray\davis4.1et MELVIN DAVIS PROPERTIES TEST HOLE LOCATION MAP ENVIRONMENTAL HEALTH SERVICES DEPARTMENT KERN COUNTY OFFICE MEMORANDUM TO: JOE C:4NAS DATE: August 27, 1993 FROM: TERRY GRAY PHONE: MARTINEZ/DAVIS PROPERTY, 415 E. BRUNDAGE LANE I HAVE REVIEWED THE REPORT PREPARED BY DUANE SMITH FOR THE BRUNDAGE LANE PROPERTY. THE PROPOSED SCOPE OF WORK DOES NOT COMPLETELY ADDRESS THE EXTENT OF CONTAMINATION ON THE SITE AND I DO NOT BELIEVE THAT THE PLAN IS SUFFICIENT. SMITH COMPLETED 50 HAND AUGERS OVER THE ENTIRE PROPERTY. VISUAL OBSERVATION AND BORINGS CONFIRM THAT THERE IS WASTE OIL CONTAMINATION ON APPROXIMATELY 4/5 OF THE PROPERTY. THE CONTAMINATION VARIES iN DEPTH FROM SURFACE TO .7 FEET. SMITH HAS PROPOSED THAT THE SECTION NEAREST THE BUILDINGS BE EXCAVATED, THEN SAMPLED PRIOR TO DISPOSAL. THE OTHER CONTAMINATED AREAS ARE TO BE LEFT iN PLACE. THERE HAS BEEN NO ANALYSIS FOR ANY OF /'HE BORINGS EXCEPT THE ONE THAT WE TOOK CONFIRMING HAZARDOUS WASTE LEVELS FOR LEAD. THE ,A~L~ CRITERIA FOR EXCAVATION AT THIS POINT IS TttE DEPTH OF CONTAHINATION. i DO NOT PERCEIVE THE REASONING FOR LEAVING CONTAMINATmD SOIL IN PLACE WHILE DISPOSING OF SIMILAR SOIL AT A SI}!IL~R DEPTH A FEW FEET .~ :d I FEEL THAT THE PLAN rS ADEQUATE, BUT THE AREA FOR EXCAVATION NEEDS TO BE ENLARGED TO INCLUDE ALL VISIBLY COXTAMINATED SOILS. ,.- ~ / ' ' ~ : ', ,', ~,--,, ,, , '~ ""' "' ' " '"C.""}~ Mr. Terry Gray County of Kern March 10, 1994 Page 4 was analyzed for total lead. The sample contained a lead concen- tration of 37 mg/kg. Sample No. 7 collected from grid 31 was analyzed for total lead and soluble lead. The sample contained a total lead concentration of 250 mg/kg and a soluble lead concen- tration of 21 mg/1. Sample No. $ collected from grid 24 was analyzed for total lead. The sample contained a total lead concentration of 474 mg/kg and a soluble lead concentration of 118 mg/1. Sample No. 9 collected from grid 53 was analyzed for total lead. The sample contained a total lead concentration of 3.9 mg/kg. Sample No. 10 collected from grid 11 was analyzed for CAM 17 heavy metals. The total lead concentration was 11 mg/kg. The other metal concentrations were none detected or below or only slightly above the STLC values. The background sample was analyzed for CAM 17 heavy metals. The total lead concentration was 2.7 mg/kg. The other metal concentrations were none detected or below or only slightly above the STLC values. Sample Nos. 1 and 4 were collected from a depth of 2 feet below the ground surface. Samples Nos. 2, 3, 5, 6, 7, 8, 9, and 10 were collected from a depth of approximately 0.30 of a foot below the ground surface. The background sample was collected from a depth of 2 feet below the ground surface. The results of the analyses of Sample Nos. 1 and 4 would indicate that the soil below the contaminated interval has not been contaminated by soluble lead from the past accumulation of oil at or very near the surface. The total lead concentrations at the two locations were 3.0 mg/kg and 16 mg/kg. Total lead concentrations in the eight samples collected from the contaminated interval'ranged from 3.9 mg/kg to 474 mg/kg. Three of the samples contained soluble lead concentrations. One (7.7 mg/1) was slightly above the STLC value. The other two were 21 mg/1 and 118 mg/1. SMITH- GUTCHER AND ASSOCIATES, INC. Mr. Terry Gray County of Kern March 10, 1994 Page 5 The above data indicates that the contaminated interval on the three properties contains total lead concentrations of less the 500 mg/kg. It also indicates that most of the contaminated interval contains soluble lead concentrations of less than the STLC value (5.0 mg/1). Sample Nos. 1 and 4, which were collected at depths of 2 feet, were located at areas that showed oily surface soils. The analyses of these samples indicates very little vertical migration. Based on Kern County Water Agency data, the depth to the primary groundwater below the properties was about 190 feet in January 1991. There was no known perched groundwater (less than 20 feet below the surface) below the properties in early 1991. At this time I would like to recommend that no remedial measures be undertaken at the properties and that the surface be capped with approximately 0.20 of a foot of asphalt concrete paving. Even though there are some soluble lead concentrations in the soil that exceed the STLC value there is no indication of verti- cal migration. The soil with soluble lead concentrations in excess of the STLC value should not present a hazard to the soils underlying the contaminated interval (2+ feet below the ground surface) or groundwater which is in excess of 150 feet below the properties. Capping the surface should keep the contamination from presenting a risk to biological receptors. This should also keep the shallow soils from being contaminated further by busi- nesses at the three addresses and rainwater and/or surface water from carrying the contaminants to greater depths. SMITIt- GUTCHER AND ASSOCIATES, INC. Mr. Terry Gray County of Kern March 10, 1994 Page 6 I you have any questions regarding this report, please feel free to call. ~~ours truly,, / . · X~, ,/~/ u~ ane R. Smith %Q'~~~,~'/ Registered Geologist State of California No. 3584 DRS/ds cc: Mr. Melvin Davis Mr. Jim Parker of Kuhs, Parker & Stanton SMITIt- GUTCHER AND ASSOCIATES, INC. APPENDIX A " CHEMICAL ANLALYSES SMITH-GUTCHER and ASSOCIATES, INC. Date Reported: 02/09/94 Page 1 7201 CHARITY AVE. Date Received: 01/20/94 BA/{ERSFIELD, CA 93308 Laboratory No.: 94-00680-1 Attn.: DUANE R. SMITH 805-589-7861 Sample Description: M. DAVIS - 407,409,411 E. BRUNDAGE LN., BAKERSFIELD,CA: SAMPLE (SOIL) 01-20-94 FROM 0900 TO 1145 HRS SAMPLED BY DUANE SMITH TOTAL CONCENTRATIONS (California Code of Regulations, Title 22, Section 66261) Regulatory Criteria Method STLC TTLC Constituents Sample Results Units P.Q.L. Method mq/L mq/kq Lead 3.0 mg/kg 2.5 SW-6010 5.0 1000. Comment: Ail above constituents are reported on an as received (wet) sample basis. Results reported represent totals (TTLC) as sample subjected to appropriate techniques to determine total levels. P.Q.L. = Practical Quantitation Limit (refers to the least amount of. analyte detectable based on sample size used and analytical technique employed). STLC = Soluble Threshold Limit Concentration TTLC = Total Threshold Limit Concentration REFERENCES: SW = "Test Methods for Evaluating Solid Wastes Physical/Chemical Methods", EPA-SW-846, September, 1986. Department ~upervis~ Ail results listed in this report are for the exclusive use of the submitting pgrty. BC Laboratories, Inc. assumes no responsibility for report alteration, separation, detachment or third party Interpre 4100 Atlas CC. · Bakers~eld, CA 93308 · [B05] 32~91 I · FAX [BOb--) 327-1918 ~80~q~TO;~IES SMITH-GUTCHER and ASSOCIATES, INC. Date Reported: 02/09/94 Page 1 7201 CHARITY AVE. Date Received: 01/20/94 BAKERSFIELD, CA 93308 Laboratory No.: 94-00680-2 Attn.: DU/LNE R. SMITH 805-589-7861 Sample Description: M. DAVIS - 407,409,411 E. BRUNDAGE LN., BAKERSFIELD,CA: SAMPLE ~2 (SOIL) 01-20-94 FROM 0900 TO 1145 HRS SAMPLED BY DUANE SMITH TOTAL CONCENTRATIONS (California Code of Regulations, Title 22, Section 66261) Regulatory Criteria Method STLC TTLC Constituents SamDle Results Units P.Q.L. Method mq/L mq/kq Antimony None Detected mg/kg 5.0 SW-6010 15. 500. Arsenic 6.3 mg/kg 0.5 SW-7060 5.0 500 Barium 74. mg/kg 0.5 SW-6010 100. 10000 Beryllium None Detected mg/kg 0.5 SW-6010 0.75 75 Cadmium None Detected mg/kg 0.5 SW-6010 1.0 100 Chromium 9.8 mg/kg 0.5 SW-6010 560. 2500 Cobalt 3.9 mg/kg 2.5 SW-6010 80. 8000 Copper 11. mg/kg 0.5 SW-6010 25. 2500 Lead 41. mg/kg 2.5 SW-6010 5.0 1000. Mercury None Detected mg/kg 0.2 SW-7471 0.2 20. Molybdenum None Detected mg/kg 2.5 SW-6010 350. 3500. Nickel 5.9 mg/kg 2.5 SW-6010 20. 2000. Selenium None Detected mg/kg 0.5 SW-7740 1.0 100. Silver 2.2 mg/kg 1.0 SW-6010 5.0 500. Thallium None Detected mg/kg 5.0 SW-6010 7.0 700. Vanadium 28. mg/kg 0.5 SW-6010 24. 2400. Zinc 108. mg/kg 0.5 SW-6010 250. 5000. Comment: All above constituents are reported on an as received (wet) sample basis. Results reported represent totals (TTLC) as sample subjected to appropriate techniques to determine total levels. P.Q.L. = Practical Quantitation Limit (refers to the least amount of'analyte detectable based on sample size used and analytical technique employed). STLC = Soluble Threshold Limit Concentration TTLC = Total Threshold Limit Concentration REFERENCES: SW = "Test Methods for Evaluating Solid Wastes Physical/Chemical Methods", EPA-SW-846, September, 1986. Department Supervisor~ AIl results listed in this report are for the exclusive use of the submitting party. BC Laboratories, Inc. assumes no responsibility for repro1 alteration, separation, detachment or third party interpretation. 4100 ACI~s Ct. · B~ke~6eld, CA 9330~ · [80~] 327~491 I · FAX [BOb] 3~7-1 ~1 [] SMITH-GUTCHER and ASSOCIATES, INC. Date Reported: 02/09/94 Page 1 7201 CHARITY AVE. Date Received: 01/20/94 BAF~ERSFIELD, CA 93308 Laboratory No.: 94-00680-3 Attn.: DUANE R. SMITH 805-589-7861 Sample Description: M. DAVIS - 407,409,411 E. BRUNDAGE LN., BAKERSFIELD,CA: SAMPLE (SOIL) 01-20-94 FROM 0900 TO 1145 HRS SAMPLED BY DUA/~E SMITH TOTAL CONCENTPJ%TIONS (California Code of Regulations, Title 22, Section 66261) Regulatory Criteria Method STLC TTLC Constituents Sample Results Units P.Q.L. Method mq/L mq/kq Antimony None Detected mg/kg 5.0 SW-6010 15 500. Arsenic 5.8 mg/kg 0.5 SW-7060 5 0 500 Barium 122. mg/kg 0.5 SW-6010 100 10000 Beryllium None Detected mg/kg 0.5 SW-6010 0 75 75 Cadmium 1.2 mg/kg 0.5 SW-6010 1 0 100 Chromium 20. mg/kg 0.5 SW-6010 560 2500 Cobalt 4.5 mg/kg 2.5 SW-6010 80 8000 Copper 33. mg/kg 0.5 SW-6010 25 2500. Lead 190. mg/kg 2.5 SW-6010 5.0 1000. Mercury None Detected mg/kg 0.2 SW-7471 0.2 20. Molybdenum None Detected mg/kg 2.5 SW-6010 350. 3500. Nickel 10. mg/kg 2.5 SW-6010 20. 2000. Selenium None Detected mg/kg 0.5 SW-7740 1.0 100. Silver 1.4 mg/kg 1.0 SW-6010 5.0 500. Thallium None Detected mg/kg 5.0 SW-6010 7.0 700. Vanadium 29. mg/kg 0.5 SW-6010 24. 2400. Zinc 167. mg/kg 0.5 SW-6010 250. 5000. Comment: Ail above constituents are reported on an as received (wet) sample basis. Results reported represent totals (TTLC) as sample subjected to appropriate techniques to determine total levels. P.Q.L. = Practical Quantitation Limit (refers to the least amount of analyte detectable based on sample size used and analytical technique employed). STLC = Soluble Threshold Limit Concentration TTLC = Total Threshold Limit Concentration REFERENCES: SW = "Test Methods for Evaluating Solid Wastes Physical/Chemical Methods", EPA-SW-846, September, 1986. Depar tm~'t All results listed in this report are for the exclusive use of the submitting I~arly. BC Laboratories, Inc. assumes no responsibility for report alteration, separation, detachment or third par~y interpretation. SMITH-GUTCHER and ASSOCIATES, INC. Date Reported: 02/09/94 7201 CHARITY AVE. Date Received: 01/20/94 BAKERSFIELD, CA 93308 Laboratory No.: 94-00680-3 Attn.: DUANE R. SMITH 805-589-7861 WET TEST EXTRACT CONTAMINANTS ANALYZED ACCORDING TO TITLE 22, ARTICLE 11, CALIFORNIA CODE OF REGLrLATIONS FOR HAZARDOUS WASTE DETERMINATION (STLC) Sample Description: M. DAVIS 407,409,411 E. BRUNDAGE LN., BAKERSFIELD,CA: SAMPLE (SOIL) 01-20-94 FROM 0900 TO 1145 HRS SAMPLED BY DUANE SMITH Regulatory Sample Results Method Criteria Constituents mq/liter P.Q.L. Method STLC Lead 7.7 0.5 SW-6010 5.0 Comment: Ail metals reported above are in mg/liter on a filtrate basis (STLC). These results are based on extracting sample according to Title 22, Article 11, California Administrative Code usinG a 48-hour citric acid (deionized water for hexavalent chromium) extraction. P.Q.L. = Practical Quantltatlon Limit (refers to the least amount of analyte detectable based on sample size used and analytical technique employed). STLC = Soluble Threshold Limit Concentration REFERENCES: SW = "Test Methods for Evaluating Solid Wastes Physi6al/Chemlcal Methods", EPA~SW-846, September, 1986. epartmen--t~r All results listed in this report are for the exclusive use of the submitting party. BC Laboratories, Inc. assumes no responsibility for report alteration, separation, detachment or Ihlrd party interpretation. 41 (5)0 Atlas Cc. · Bakersfield, CA 933L-)~ · (805) 327-491 I · F~X (805--) 327-1918 LABORATORIES SMITH-GUTCHER and ASSOCIATES, INC. Date Reported: 02/09/94 Page 1 7201 CHARITY AVE. Date Received: 01/20/94 BAKERSFIELD, CA 93308 Laboratory No.: 94-00680-4 Attn.: DUANE R. SMITH 805-589-7861 Sample Description: M. DAVIS - 407,409,411 E. BRUNDAGE LN., BAKERSFIELD,CA: SAMPLE ~4 (SOIL) 01-20-94 FROM 0900 TO 1145 HRS SAMPLED BY DUD/gE SMITH TOTAL CONCENTRATIONS (California Code of Regulations, Title 22, Section 66261) Regulatory Criteria Method STLC TTLC Constituents SamDle Results Units P.Q.L. Method mq/L mq/kq Lead 16. mg/kg 2.5 SW-6010 5.0 1000. Comment: Ail above constituents are reported on an as received (wet) sample basis. Results reported represent totals (TTLC) as sample subjected to appropriate techniques to determine total levels. P.Q.L. = Practical Quantltation Limit (refers to the least amount of'analyte detectable based on sample size used and analytical technique employed). STLC = Soluble Threshold Limit Concentration TTLC = Total Threshold Limit Concentration REFERENCES: SW = "Test Methods for Evaluating Solid Wastes Physical/Chemical Methods", EPA-SW-846, September, 1986. Departme~nt'~~- Supervisor All results listed in this report are for the exclusive use o! the submilting party. BC Laboratories, Inc. assumes no responsibility for report alteration, separation, detachment or third party interpretation. 4100 Atlas Ct. · E)aker~field, CA ~3308 · (805] 327~491 I · FAX (B0b----J 327-1918 SMITH-GUTCHER and ASSOCIATES, INC. Date Reported: 02/09/94 Page 7201 CHARIT~ AVE. Date Received: 01/20/94 BAKERSFIELD, CA 93308 Laboratory No.: 94-00680-5 Attn.: DUANE R. SMITH 805-589-7861 Sample Description: M. DAVIS - 407,409,411 E. BRUNDAGE LN., BAKERSFIELD,CA: S/LMPLE ~5 (SOIL) 01-20-94 FROM 0900 TO 1145 HRS SAMPLED BY DUD/gE SMITH TOTAL CONCENTRATIONS (California Code of Regulations, Title 22, Section 66261) Regulatory Criteria Method STLC TTLC Constituents SamDle Results Units P.Q.L. Method mq/L mq/kq Lead 7.8 mg/kg 2.5 SW-6010 5.0 1000. Comment: Ail above constituents are reported on an as received (wet) sample basis. Results reported represent totals (TTLC) as sample subjected to appropriate techniques to determine total levels. P.Q.L. = Practical Quantitatlon Limit (refers to the least amount of'analyte detectable based on sample size used and analytical technique employed). STLC = Soluble Threshold Limit Concentration TTLC = Total Threshold Limit Concentration REFERENCES: SW = "Test Methods for Evaluating Solid Wastes Physical/Chemical Methods", EPA-SW-846, September, 1986. Departmen-'t SupervisOr All results listed in this report are for the exclusive use of the submitting pan'y. BC Laboratories, Inc. assumes no responsibility for report alteration, separation, detachment or ~hird party interpretation. ,~ ~ m n~l~: ~. · ~r~fi~ld. CA 93308 · (8051327~491 I · FAX (B(DS--'] 327-1 ~)18 LAI~ORATOPlI~S SMITH-GUTCHER and ASSOCIATES, INC. Date Reported: 02/09/94 Page 1 7201 CHARITY AVE. Date Received: 01/20/94 BA/<ERSFIELD, CA 93308 Laboratory No.: 94-00680-6 Attn.: DUANE R. SMI~7{ 805-589-7861 Sample Description: M. DAVIS 407,409,411 E. BRUNDAGE LN., BD/fERSFIELD,CA: SAMPLE ~6 (SOIL) 01-20-94 FROM 0900 TO 1145 HRS SILMPLED BY DUD/gE SMITH TOTAL CONCENTRATIONS (California Code of Regulations, Title 22, Section 66261) Regulatory Criteria Method STLC TTLC Constituents Sample Results Units P.Q.L. Method mq/L mq/kq Lead 37. mg/kg 2.5 SW-6010 5.0 1000. Comment: Ail above constituents are reported on an as received (wet) sample basis. Results reported represent totals (TTLC) as sample subjected to appropriate techniques to determine total levels. P.Q.L. = Practical Quantitation Limit (refers to the least amount of'analyte detectable based on sample size used and analytical technique employed). STLC = Soluble Threshold Limit Concentration TTLC = Total Threshold Limit Concentration REFERENCES: SW = "Test Methods for Evaluating Solid Wastes Physical/Chemical Methods", EPA-SW-846, September, 1986. Departmen~perviso~ 4100AOasOb..~akensfleld. OA ~3308.[I~Ob----)327~911.FAX[B(Zb--)327-1918 SMIT~-GUTCHER and ASSOCIATES, INC. Date Reported: 02/09/94 Page 1 7201 CHARITY AVE. Date Received: 01/20/94 BAKERSFIELD, CA 93308 Laboratory No.: 94-00680-7 Attn.: DUANE R. SMITH 805-589-7861 Sample Description: M. DAVIS - 407,409,411 E. BRUNDAGE LN., BAKERSFIELD,CA: SAMPLE ~7 (SOIL) 01-20-94 FROM 0900 TO 1145 HRS SAMPLED BY DUANE SMITH TOTAL CONCENTRATIONS (California Code of Regulations, Title 22, Section 66261) Regulatory Criteria Method STLC TTLC Constituents Sample Results Units P.Q.L. Method mq/L mq/kq Lead 250. mg/kg 2.5 SW-6010 5.0 1000. Comment: Ail above constituents are reported on an as received (wet) sample basis. Results reported represent totals (TTLC) as sample subjected to appropriate techniques to determine total levels. P.Q.L. = Practical Quantitation Limit (refers to the least amount of analyte detectable based on sample size used and analytical technique employed). STLC = Soluble Threshold Limit Concentration TTLC = Total Threshold Limit Concentration REFERENCES: SW = "Test Methods for Evaluating Solid Wastes Physical/Chemical Methods", EPA-SW-846, September, 1986. Department Superviso~ All results listed in this report are for the exclusive use of the submitting party. BC tabora~ries, Inc. assumes no responsibility for report alteration, separation, detachment or third party interpretation. 41 O0 Atlas Ct.. E)akers~eld, CA 9333)8. (1~05) 327~491 I · FAX (IEOb---J 3)27-1918 L~OP~TOF~IES SMITH-GUTCHER and /%SSOCIATES, INC. Date Reported: 02/09/94 7201 CHARITY AVE. Date Received: 01/20/94 B/LKERSFIELD, CA 93308 Laboratory No.: 94-00680-7 Attn.: DUANE R. SMITH 805-589-7861 WET TEST EXTRACT CONTAMIND/gTS ANALYZED ACCORDING TO TITLE 22, ARTICLE 11, CALIFORNIA CODE OF REGULATIONS FOR HAZARDOUS WASTE DETERMINATION (STLC) Sample Description: M. DAVIS - 407,409,411 E. BRUNDAGE LN., BAKERSFIELD,CA: SAMPLE ~7 (SOIL) 01-20-94 FROM 0900 TO 1145 HRS SAMPLED BY DUD/gE SMITH Regulatory Sample Results Method Criteria Constituents mq/liter P.Q.L. Method STLC Lead 21. 0.5 SW-6010 5.0 Comment: Ail metals reported above are in mg/liter on a filtrate basis (STLC). These results are based on extracting sample according to Title 22, Article 11, California Administrative Code using a 48-hour citric acid (deionized water for hexavalent chromium) extraction. P.Q.L. = Practical Quantitatlon Limit (refers to the least amount of analyte detectable based on sample size used and analytical technique employed). STLC = Soluble Threshold Limit Concentration REFERENCES: SW = "Test Methods for Evaluating Solid Wastes PhySical/Chemical Methods", EPA-SW-846, September, 1986. Department SuperviSor All results listed in this report are for the exclusive use of the submitting party. BC Laboratories, Inc. assumes no responsibility for report alteration, separation, detachment or third pan'y interpretation. 41 O0 Atlas Ct. · ~skersfietd. CA 93308 · [805] 327~1911 · F~X [BOb-) 327-1 918 SMITH-GUTCHER andASSOCIATES, INC. Date Reported: 02/09/94 Page 1 7201 CHARITY AVE. Date Received: 01/20/94 BAKERSFIELD, CA 93308 Laboratory No.: 94-00680-8 Attn.: DUA/~E R. SMITH 805-589-7861 Sample Description: M. DAVIS 407,409,411 E. BRUNDAGE LN., B/~KERSFIELD,CA: SAMPLE #8 (SOIL) 01-20-94 FROM 0900 TO 1145 HRS SAMPLED BY DUANE SMITH TOTAL CONCENTRATIONS (California Code of Regulations, Title 22, Section 66261) Regulatory Criteria Method STLC TTLC Constituents SamDle Results Units P.Q.L. Method mq/L mq/kq Lead 474. mg/kg 2.5 SW-6010 5.0 1000. Comment: Ail above constituents are reported on an as received (wet) sample basis. Results reported represent totals (TTLC) as sample subjected to appropriate techniques to determine total levels. P.Q.L. = Practical Quantitation Limit (refers to the least amount of analyte detectable based on sample size used and analytical technique employed). STLC = Soluble Threshold Limit Concentration TTLC = Total Threshold Limit Concentration REFERENCES: SW = "Test Methods for Evaluating Solid Wastes Physical/Chemical Methods'i, EPA-SW-846, September, 1986. Department Supervisor~ All results Ii sted in this re port are for the exclusive use o f the su bmitting party. ~ Laboratories, Inc. assumes no responsibility for report alteration, separation, detachment or ~flird party interpretation. 4100Atlas OC.. Bakersfield, CA 9330~ · (805] 3274911 · I~X [805) 327-1918 SMITH-GUTCHER and ASSOCIATES, INC. Date Reported: 02/09/94 7201 CHARITY AVE. Date Received: 01/20/94 BAKERSFIELD, CA 93308 Laboratory No.: 94-00680-8 Attn.: DUD/gE R. SMITH 805-589-7861 WET TEST EXTRACT CONTAMINANTS ANALYZED ACCORDING TO TITLE 22, ARTICLE 11, CALIFORNIA CODE OF REGULATIONS FOR HAZ;kRDOUS WASTE DETERMINATION (STLC) Sample Description: M. DAVIS - 407,409,411 E. BRUNDAGE LN., BAKERSFIELD,CA: S~/~PLE (SOIL) 01-20-94 FROM 0900 TO 1145 HRS SA/4PLED BY DUANE SMITH Regulatory Sample Results Method Criteria Constituents mq/liter P.Q.L. Method STLC Lead 118. 0.5 SW-6010 5.0 Comment: Ail metals reported above are in mg/liter on a filtrate basis (STLC) . These results are based on extracting sample according to Title 22, Article 11, California Administrative Code using a 48-hour citric acid (deionized water for hexavalent chromium) extraction. P.Q.L. = Practical Quantitation Limit (refers to the least amount of analyte detectable based on sample size used and analytical technique employed). STLC = Soluble Threshold Limit Concentration REFERENCES: SW = "Test Methods for Evaluating Solid Wastes Physical/Chemical Methods", EPA-SW-846, September, 1986. Department Suer Ail results listed in this report are for the exclusive use of the submitling parly. BC Laboratories, Inc. assumes no responsibility for report alteration, separation, detachment or third pauly in terpretation. 4100~tlas Ct. · Bakersfield, (~A ~3~ · (80~] 327~4~)1 I · F~X [BOb--) 327-1 ~)1 [] ~A~O~ATORIES SMITH-GUTCHER and ASSOCIATES, INC. Date Reported: 02/09/94 Page 1 7201 CHARITY AVE. Date Received: 01/20/94 BAKERSFIELD, CA 93308 Laboratory No.: 94-00680-9 Attn.: DUD/gE R. SMITH 805-589-7861 Sample Description: M. DAVIS 407,409,411 E. BRUNDAGE LN., BAKERSFIELD,CA: SAMPLE ~9 (SOIL) 01-20-94 FROM 0900 TO 1145 HRS S;LMPLED BY DUD/gE SMITH TOTAL CONCENTRATIONS (California Code of Regulations, Title 22, Section 66261) Regulatory Criteria Method STLC TTLC Constituents Sample Results Units P.Q.L. Method mq/L mq/kq Lead 3.9 mg/kg 2.5 SW-6010 5.0 1000. Comment: Ail above constituents are reported on an as received (wet) sample basis. Results reported represent totals (TTLC) as sample subjected to appropriate techniques to determine total levels. P.Q.L. = Practical Quantltation Limit (refers to the least amount of analyte detectable based on sample size used and analytical technique employed). STLC = Soluble Threshold Limit Concentration TTLC = Total Threshold Limit Concentration REFERENCES: SW = "Test Methods for Evaluating Solid Wastes Physical/Chemical Methods", EPA-SW-846, September, 1986. Depart~e~t~upervis~r All results listed in this report are for the exclusive use of the submitting party. BC Laboratories, Inc. assumes no responsibility for report alteration, separation, detachment or ~hlrd party intorprelation. 4100 At]as Ct. · Bakersfield, CA 93308 · (80~) 327~491 I · FAX (BOb-) 327-1918 LAI~OP~TOP~IES SMITH-GUTCHER and ASSOCIATES, INC. Date Reported: 02/09/94 Page 1 7201 CH;kRITY AVE. Date Received: 01/20/94 BAKERSFIELD, CA 93308 Laboratory No.: 94-00680-10 Attn.: DUANE R. SMITH 805-589-7861 Sample Description: M. DAVIS - 407,409,411 E. BRUNDAGE LN., BAKERSFIELD,CA: SAMPLE ~10 (SOIL) 01-20-94 FROM 0900 TO 1145 HRS SAMPLED BY DUAIgE SMITH TOTAL CONCENTRATIONS (California Code of Regulations, Title 22, Section 66261) Regulatory Criteria Method STLC TTLC Constituents Sample Results Units P.Q.L. Method mq/L mq/kq Antimony None Detected mg/kg 5 0 SW-6010 15 500. Arsenic 6.1 mg/kg 0 5 SW-7060 5 0 500 Barium 88. mg/kg 0 5 SW-6010 100 10000 Beryllium None Detected mg/kg 0 5 SW-6010 0 75 75 Cadmium None Detected mg/kg 0 5 SW-6010 1 0 100 Chromium 11. mg/kg 0 5 SW-6010 560 2500 Cobalt 4.9 mg/kg 2 5 SW-6010 80 8000 Copper 27. mg/kg 0 5 SW-6010 25 2500 Lead 11. mg/kg 2.5 SW-6010 5 0 1000 Mercury 0.48 mg/kg 0.2 SW-7471 0.2 20 Molybdenum None Detected mg/kg 2.5 SW-6010 350. 3500 Nickel 7.5 mg/kg 2.5 SW-6010 20. 2000. Selenium None Detected mg/k~ 0.5 SW-7740 1.0 100. Silver None Detected mg/kg 1.0 SW-6010 5.0 500. Thallium None Detected mg/k~ 5.0 SW-6010 7.0 700. Vanadium 33. mg/kg 0.5 SW-6010 24. 2400. Zinc 46. mg/kg 0.5 SW-6010 250. 5000. Comment: Ail above constituents are reported on an as received (wet) sample basis. Results reported represent totals (TTLC) as sample subjected to appropriate techniques to determine total levels. P.Q.L. = Practical Quantitation Limit (refers to the least amount of analyte detectable based on sample size used and analytical technique employed). STLC = Soluble Threshold Limit Concentration TTLC = Total Threshold Limit Concentration REFERENCES: SW = "Test Methods for Evaluating Solid Wastes Physical/Chemical Methods", EPA-SW-846, September, 1986. Depart~e~t ~upervi~r All results listed in this report are for the exclu sive use of the submitting party. BC Laboratories, Inc. assumes no responsibility for report alteration, separation, detach ment or third party interpretation. 4100 Atlas CC. · EBakersfleld. CA ~33~)8 · [1~5) 327~dcj 1 I · FAX [805-J 327-1918 LA~OPlATORIES SMITH-GUTCHER and ASSOCIATES, INC. Date Reported: 02/09/94 Page 1 7201 CHARITY AVE. Date Received: 01/20/94 BAKERSFIELD, CA 93308 Laboratory No.: 94-00680-11 Attn.: DUANE R. SMITH 805-589-7861 Sample Description: M. DAVIS - 407,409,411 E. BRUNDAGE LN., BAKERSFIELD,CA: BACKGROUND (SOIL) 01-20-94 ~ 1200 HRS SAMPLED BY DUD/gE SMITH TOTAL CONCENTRATIONS (California Code of Regulations, Title 22, Section 66261) Regulatory Criteria Method STLC TTLC Constituents SamDle Results Units P.Q.L. Method mq/L mq/kq Antimony None Detected mg/kg 5.0 SW-6010 15. 500. Arsenic 5.3 mg/kg 0.5 SW-7060 5.0 500 Barium 119. mg/kg 0.5 SW-6010 100. 10000 Beryllium None Detected mg/kg 0.5 SW-6010 0.75 75 Cadmium None Detected mg/kg 0.5 SW-6010 1.0 100 Chromium 14. mg/kg 0.5 SW-6010 560. 2500 Cobalt 6.7 mg/kg 2.5 SW-6010 80. 8000 Copper 10. mg/kg 0.5 SW-6010 25. 2500 Lead 2.7 .mg/kg 2.5 SW-6010 5.0 1000 Mercury None Detected mg/kg 0.2 SW-7471 0.2 20 Molybdenum None Detected mg/kg 2.5 SW-6010 350 3500 Nickel 9.2 mg/kg 2.5 SW-6010 20 2000 Selenium None Detected mg/kg 0.5 SW-7740 I 0 100 Silver None Detected mg/kg 1.0 SW-6010 5 0 500 Thallium None Detected mg/kg 5.0 SW-6010 7 0 700 Vanadium 39. mg/kg 0.5 SW-6010 24 2400 Zinc 53. mg/kg 0.5 SW-6010 250 5000 Comment: Ail above constituents are reported on an as received (wet) sample basis. Results reported represent totals (TTLC) as sample subjected to appropriate techniques to determine total levels. P.Q.L. = Practical Quantltation Limit (refers to the least amount of analyte detectable based on sample size used and analytical technique employed). STLC = Soluble Threshold Limit Concentration TTLC = Total Threshold Limit Concentration REFERENCES: SW = "Test Methods for Evaluating Solid Wastes Physical/Chemical Methods", EPA-SW-846, September, 1986. Departmen~ S~pervisc~ Ali results listed in this report are for the exclusive use of the submitting PartY. BO taboralories, Inc. assumes no responsibility for report alteration, separation, detachment or ~ird party interpre~tion. 4100Ar~as Ct. · Bakersfield, CA 9330~ · (805) 327~4911 · FAX (BOb--) 327-1918 CHAIN OF GUSTOD Y RECORD Location of Samolino SamDie Collector Client C~: C~: ~ith-G~cher m~ Associmtes~ Inc. ~: ~,~: ( ) ~,~: c~s~ s~-~ ~,~: ( )  Sitli~ to pr~ ~r Bltti~ to ~te collator 8itti~ to crier S~e No. Date ~ J S~e D~onDaon A~ R~ No. Relinauished /~ Coml~anv: Smith-Gutcher and Associates, Inc. Date and Time: ~ ' · /?_~._ Com0anv: Date and Time: Received by~"/~ ~ ,/-i/~'_ i.."~ "-- . uished by: (--) Company: Date and Time: Received by: ComDanv: Date and Time: Sheet I of ~ ,." SMITH- GUTCHER AND ASSOCIATES, INC. ~ ~:~- '~ ,:'~ '.CHAIN OF CUSTODY RECORD I~Q~ation of Samolino~mole Collector Client C~: C~: ~th-G~er a~ Associates, Inc. ~ Bitti~ to p~ ~r ~ Bitti~ to ~te coLLator ~ Bitti~ to cliff Se~e No. Date ~ S~e DHcnD~on AM~ R~m~ ~~ No. RelinQuished by: Company: Smith-Gutcher and Associates, Inc. Date and Time: Received by:'-~ )'-) 't-~ "' ' /~ Company: .,~..,,. · ,, ' /~ :~_, Date and Time:/ '/~'~ Relinquished by: _ ~) Company: Date and Time: Received by: Company: Date and Time: SMITH- GUTCHER AND ASSOCIATES, INC. CIGNA Property and CaW, Companies 21860 Burbank Boulevard, Suite 200 ·. .-:.. P.O. Box 4142 ..... z: .... Woodland Hills, CA 91367 , (818) 712-6200 ~ March 10, 1994 Enviromental Health Services Department 2700 "M" Street, Suite 300 Bakersfield, CA 93301 ATTN: Joe Canas, R.E.H.S. Hazardous Materials Specialist IV RE: All Automatic Transmission Services Site: 407, 409, 411,415 East Brundage Lane, Bakersfield, CA Our File #: 717 L 001493-8 Dear Mr. Canas: Please be advised that the undersigned is handling the investigation of the above captioned matter. I am trying to determine the nature of our policyholder's involvement and alleged contribution to the contamination at the property stated above. I would appreciate it if I could schedule a time with your organization to review the department's file in order to see if there are consultant reports. You may contact me during business hours at (818) 712-6357 or at the address indicated on this letterhead. Thank you for your prompt attention to this matter. Very truly yours, Genevieve C. Sunday, Major Claims Regional Specialist ENVIRONMEN' AL HEALTH SERVICES DEPARTMENT STEVE McCALLEY, R.E.H.S. ~ 2700 'M' Street, Suite 300 DIRECTOR V' Bakersfield, CA 93301 (805) 861-3636 (805) 861-3429 FAX November 12, 1993 CIGNA PROPERTY AND CASUALTY COMPANIES P.O. Box 4142 Woodland Hills, CA 91365 Attention: Genevieve C. Sunday SUBJECT: FILE FOR ROBERTO MARTINEZ FOR SITE LOCATED AT 415, 411, 409, & 407 EAST BRUNDAGE LANE, BAKERSFIELD CALIFORNIA. CIGNA FILE # 717 L 001493-8 Dear Ms. Sunday: This office has received your letter dated October 28, 1993, requesting review of the file noted above. This Department has been advised by the office of the County Counsel that this case is exempt from the requirements of the California Public Records Act, Government Code Section 6250 et seq. This exemption is designed to protect the integrity of an investigation until it has been completed. Subsection (f) of Section 6254 concerns investigative reports of correctional agencies. These reports are not required to be disclosed if they would interfere with enforcement proceedings. At present, this Department is reserving the right to prosecute for violations identified during inspections, and thus cannot disclose information contained within the file. We regret that we are unable to comply with your request. If we are able to help you in another way, please contact us at (805) 861-3636. Sincerely, Steve.~.~~.~_~._~McCalleyi Director By. ~Joe Ca,as, R.E.H.S. Hazardous Materials Specialist IV JC:TG:jg ._CI ~N,~ Property and CaSUQ.., Companies 2'1860 Burbank Boulevard, Suite 200 P.O. Box 4'142 Woodland Hills, CA 9'1365 (8'18) 7'12-6200 October 28, 1993 Kern County Environmental Health Department 2700 "M" Street, Suite 200 Bakersfield, CA 93301 ATTN: Mr. Joe Canas, Hazardous Materials Specialist IV RE: Roberto Martinez - All Automatic Transmission Service Site: 415, 411,409, & 407 Brundage Lane, Bakersfield, Ca Our File #: 717 L 001493-8 Dear Mr. Canas: Please be advised that the undersigned is handling the investigation of the above captioned matter. I am trying to determine the nature of our policyholder's involvement and alleged contribution to the contamination at the property stated above. I would appreciate it if I could schedule a time with your organization to review the department's file in order to see if there are consultant reports. You may contact me during business hours at (818) 712-6357 or at the address indicated on this letterhead. Thank you for your prompt attention to this matter. Very truly yours, Genevieve C. Sunday, ,/ Major Claims Regional Specialist ENVIRONMENTAL HEALTH SERVICES DEPARTMENT STEVE McCALLEY, R.E.H.S. ~'? ~'~ 2700 "M" Street, Suite 300 DIRECTOR ~,~ ~~1 Bakersfield. C A 93301 !~,~.~~j~ (805) 861-3636 ,~,~'~~~,~ (805) 861-3429 FAX November 3, 1993 Melvin G. Davis P. O. Box 10926 Bakersfield, CA 93309 SUBJECT: WASTE OIL CONTAMINATION AT 411, 409, & 407 BRUNDAGE LANE, BAKERSFIELD, CALIFORNIA Dear Mr. Davis: The work plan for the characterization of waste oil contaminated soil located at the above noted site has been approved by this Department. Implementation of characterization procedures should begin within thirty (30) days of receipt of this letter. Please contact this office 48 hours prior to any site activity. If you have any questions regarding this matter, you may contact me at (805) 861-3636, Extension 582. Sincerely, Steve McCalley, Director By: Terry L. Gray Hazardous Materials Inspector Hazardous Materials Management Program TLG:cas cc: Roberto Martinez Smith & Associates ATTN: Duane Smith ~gra?davis6.1et SMITH- GUTCHER AND ASSOCIATES, INC. Consulting Geologists 7201 Charity Avenue Bakersfield, California 93308 (805) 589-7861 October 21, 1993 Mr. Terry Gray County of Kern Environmental Health Services Department 2700 M Street, Suite 300 Bakersfield, California 93301 Dear Mr. Gray: The following is a work plan for further characterization of oil contaminated soil at three properties located at 407, 409, and 411 Brundage Lane in Bakersfield, California. The properties are located in Section 32, T.29S., R.28E., M.D.B.& M. (see Figure 1). The work plan is being prepared at the request of Mr. Melvin Davis subsequent to a discussion with the County of Kern, Envi- ronmental Health Services Department on October 5, 1993. The oil contaminated soil is located south of three structures on the properties. An ally is located along the south edge of the properties. Figure 2 shows the area between the buildings and the ally. The soil has been contaminated by past use of the properties for automotive and transmission repair businesses. A visual inspection of the properties found oil contaminated soil around the concrete slabs located along the south sides of the buildings. A number of shallow test holes were drilled on the properties in August 1993. The visual information from these holes was used to ascertain the amount of oil stained soil on the properties. Appendix A contains the results of the investiga- tion. It appears, based on the investigation, that the contami- nated soil covers most of the properties south of the structures at 409 and 411 Brundage Lane and about 75% of the property south of the structure at 407 Brundage Lane. The oil contaminated soil SUBJECT PROPERTIES I~l I'] ,e e, l:I o,,,~ ~ R,m~k SI J ~ , I ~IIE I ' I~: ?: I' MELVIN DAVIS PROPERTY r: i. LOCATION MAP I l .I.J~ · : ' ~ ' I.. t ~!1 ~l~l I,,..,, ,il,, / ~ MELVIN DAVIS PROPERTIES VICINITY MAP : Date: ~ - ~- ~ 3 Work Order Tracking ~: WO Category: ~azmats APN: .... WO T~e: Reimb.: Y N HP Code: WORK ORDER NAME: RESPONSIBLE PARTY (RP) NAME: /~/~,.%' ~" ~,'~ ~P CONTACT: ~ RP ADDRESS: ~,c RP CITY: ~/&,~/:/d[/ STATE: J~ ZIP: RP' PHONE NOS.: ( ( ) NS EOTO.: ? PROGRAM: ~ HMMP-Enforc.m~ ' HMMP-Permitting DESCRIPTION: ~ j ~.~o ~ p5 ~'/C p/~'~ LOCATION: ' L//./..~ C'~,. ,Q~/~..',~"/3,4.~ <f_ ~,,,'t,,. FACILITY , NAME: REPORTING PERSON: PHONE N0. COMMENTS: ENVIRONMENTAL HEALTH SERVICI-S DEPARTMENT STEVE McCALLEY, R.E.H.S. ~ 2700 "M" Street, Suite 300 DIRECTOR V Bakersfield, CA 93301 (805) 861-3636 (805) 881-3429 FAX December 29, 1992 Roberto and Leslie Martinez 415 E. Brundage Lane Bakersfield, California 93307 SUBJECT= Conference on Friday 12/18/92 Dear Mr. and Mrs. Martinez= I have reviewed the notes from our conference and interviewed Mr. Joe Canas regarding your allegations of inappropriate behavior by Mr. Terry Gray involving your property on East Brundage Lane. Based on that' information, I don't feel Mr. Gray acted inappropriately nor is involved in a conspiracy to bring harm to you or your businesses. I requested Mr. Canas to reinforce to all his staff the importance of treating our clients in the same fashion as we would want to be treated and also the importance of how we communicate to our clients. We will be contacting Mr. Davis regarding his responsibility involving the property you presently own at 415 E. Brundage Lane. However, your responsibilities as the current owner will not be completely absolved. It appears that the problems at 401 E. Brundage Lane have not been abated as you suggested. We have not received 'the results of the samples your contractor took nor have we received a plan to handle and dispose of the hazardous waste located at this site. Thank you for meeting with me on December 18, 1992, and I hope the problems associated with your properties can be solved in a timely manner. Please contact Mr. Joe Canas at (805) 861-3637 ext.578 if you have further questions or need information. Sincerely, C~/~Y: M~e Chapman, Chief, EHS F~eld Services and MC:jg Hazardous Materials Division INVOICE NO. ENVIRONMENTAl. LABORATORIES, INC. J. J. EGLIN, REG, CHEM. EHGR. pET~LEUM 4100 AT~S COUP, BAKERSFIELD, ~LIFORNIA 93308 PHONE 327-4911; F~ 327-1918 I(CHI_~ P.O. NUMBER DATE CLIENT NO. 301281 O7-10-92 KERN COUNTY ENVIRONMENTAL HEALTH DIVISION SUBMITTED ON LABORATORY SAMPLE NO. 2700 M STREET, STE 300 06-11-92 5231 SUBMITTED BY Bake~,'sfield, CA 9330! KERN COUNTY ENVIRONMENTAL HEALTH DEPT. Al:l:.n: Mz'. ShoenhaJ-~' TERMS: 861-3636 NET 30 DAYS [3AGE ,~UANTITYDESCRIPTION OF SERVICE UNIT AMOUNT 1ADD'N LEONARD AUTO REPAIR, 407 & 411 BRUNDAGE LANE, BAKERSFIELD, CA. 93307; # TG-920416-1A, SOIL, OILY BLACK-COUNTY SAMPLE. SAMPLE WAS TAKEN ON 04-16-92 @ 3:40~m BY TERRY GRAY. SAY. LES: 1ADD ' N 107 95. O0 95.00 1 STLC: Extract ion, Pb - '"' $95. OD ._------. P_.LEASE REFER TO THE INVOICE NUMBER ABOVE WHEN MAKING YOUR PAYMENT, THIS IS YOUR INVOICE -WE DO NOT ITEMIZE t~ Printed on RECOVER'" recycled carbonless DaDer made with Dost consumer waste. INVOICE NO. ENVIRON¥~.NTAL LABORATORIES, INC. J. J. EGLIN, REG. CHEM. EHGR. PETROLEUJl 4100 ATLAS COUFrr, BAKERSFIELD, CALIFORNIA 93308 PHONE 327-4911; FAX 327-1918 KC~'[LA P.O. NUMBER DATE CLIENT NO. 301281 O'7-10-92 KERN COUNTY ENVIRONMENTAL HEALTH DIVISION SUBMITTED ON LABORATORY SAMPLE NO. 2'700 M STREET, STE 300 06-11-92 5231 SUBMITTED BY Bakersfield, CA 93301 KERN COUNTY ENVIRONMENTAL HEALTH DEPT. Attn: Mr. Shoenhair TERMS: 861-3636 NET 30 DAYS PAGE 1 --'------- UNIT IUNT QUANTITY DESCRIPTION OF SERVICE --------- IADD'N LEONARD AUTO REPAIR, 407 & 411 BRUNDAGE LANE, BAKERSFIELD, CA. 93307; # TG-920416-1A, SOIL, OILY BLACK-COUNTY SAMPLE. SA~LE WAS TAKEN ON 04-16-99- @ 3:40pm BY TERRY GRAY. ~LES: 1ADD' N 107 95.00 95.00 1 $TLC: E~traction, Pb $95.00 PLEASE REFER TO THE INVOICE NUMBER ABOVE WHEN MAKING YOUR PAYMEN'i THIS IS YOUR INVOICE -WE OO NOT ITEMIZE AG, {~) Pnnted on RECOVER'" recTcled carbontess paper made with post consumer waste. KEP, N COUNTY ENVIRONMENTAL HEALTH DEPT. Date Reported: 07/06/92 2700 M STREET, STE 300 Date Received: 06/11/92 Bakersfield, CA 93301 Laboratory No.: 5231-1ADD'N Attn.: TERRY GRAY 861-3636 WET TEST EXTRACT CONTAMINANTS ANALYZED ACCORDING TO TITLE 22, ARTICLE 11, CALIFORNIA CODE OF REGULATIONS FOR F~J~RDOUS WASTE DETERMINATION (STLC)' Sample Description: LEONARD AUTO REPAIR, 407 & 411 BRUNDAGE LANE, BAF~ERSFIELD, CA. 93307; ~ TG-920416-1A, SOIL, OILY BLACK-COUNTY SAMPLE. SAMPLE WAS TAKEN ON 04-16-92 ® 3:40pm BY TERRY GRAY. Regulatory Sample Results Method Criteria Constituents mq/liter P.Q.L. Method STLC Lead 11. 0.5 SW-6010 5.0 Comment: Ail metals reported above are in mg/liter on a filtrate basis (STLC) . These results are based on extracting sample according to Title 22, Article 11, California Administrative Code using a 48-hour citric acid (deionized water for hexavalent chromium) extraction. P.Q.L. = Practical Quantitation Limit (refers to the least amount of analyte detectable based on sample size used and analytical technique employed). STLC = Soluble Threshold Limit Concentration REFERENCES: SW = "Test Methods for Evaluating Solid Wastes Physical/Chemical Methods", EP3%-SW-846, September, 1986. Department Supervisor L~BO~ATO~IES KERN COD/TrY ENVIRONMENTAL HEALTH DEPT. Date Reported: 06/18/92 Page 1 2700 M STREET, STE 300 Date Received: 06/11/92 Bakersfield, CA 93301 Laboratory No.: 5231-1 Attn.: TERRY GRAY 861-3636 Sample Description: LEONARD AUTO REPAIR, 407 & 411 BRUNDAGE LANE, BA/~ERSFIELD, CA. 93307; ~ TG-920416-1A, SOIL, OILY BLACK-COUNTY SAMPLE. SAMPLE WAS TAKEN ON 04-16-92 ® 3:40pm BY TERRY GRAY. TOTAL CONTAMINANTS (Title 22, Article 11, California Code of Regulations) Regulatory Criteria Method STLC TTLC Constituents Sample Results Units P.Q.L. Method mq/L mq/kq Lead 134. mg/kg 3.5 SW-6010 5.0 1000. Comment: Ail constituents reported above are in mg/kg (unless otherwise stated) on an as received (wet) sample basis. Results reported represent totals (TTLC) as sample subjected to appropriate techniques to determine total levels. P.Q.L. = Practical Quantitation Limit (refers to the least amount of analyte detectable based on sample size used and analytical technique employed. STLC = Soluble Threshold Limit Concentration TTLC = Total Threshold Limit Concentration REFERENCES: SW = "Test Methods for Evaluating Solid Wastes Physical/Chemical Methods", SW 846, September, 1986. Department Supervisor 4100 Atlas C~. · ~qakersfield, CA 93308 · (805) 327~491 I · FAX (805) 327-1918 LABOF:~,TOR~ES KERN COUNTY ENVIRONMENTAL HEALTH DEPT. Date Reported: 07/06/92 2700 M STREET, STE 300 Date Received: 06/11/92 Bakersfield, CA 93301 Laboratory No.: 5231-1ADD'N Attn.: TERRY GRAY 861-3636 WET TEST EXTRACT CONTAMINANTS Ai~ALYZED ACCORDING TO TITLE 22, ARTICLE 11, C_%LIFO~IA COD~ OF REGLV~ATIONS FOR HAZARDOUS Wi4STE DETE~,IINATION (STLC) Sample Description: LEONARD AUTO REPAIR, 407 & 411 BRUNDAGE LANE, BA/<ERSFIELD, CA. 93307; ~ TG-920416-1A, SOIL, OILY BLACK-COUNTY SAMPLE. SAI~PLE WAS TAKEN ON 04-16-92 ® 3:40pm BY TERRY GRAY. Regulatory Sample Results Method Criteria Constituents mq/liter P.Q.L. Method STLC Lead 11. 0.5 SW-6010 5.0 Comment: Ail metals reported above are in mg/liter on a filtrate basis (STLC) . These results are based on extracting sample according to Title 22, D~rticle 11, California Administrative Code using a 48-hour citric acid (deionized water for hexavalent chromium) extraction. P.Q.L. = Practical Quantitation Limit (refers to the least amount of analyte detectable based on sample size used and analytical technique employed). STLC = Soluble Threshold Limit Concentration REFERENCES: SW = "Test Methods for Evaluating Solid Wastes Physical/Chemical Methods", EPA-SW-846, September, 1986. Department Supervisor Ke~rn County Environmental Health Services Department Hazardous Materials Sample Analysis Request (805) 861-3636 2700 'M' STREET, SUITE 300 No ~'~ · __To BAKERSFIELD, CA 93301 PRIORITY ( ) (Explain) PART 1: FIELD SECTION Collector .~y ~-~/~y Date Sampled Hours Activity: ( ) Enforcement ( ) ASP ( ) H.W. Property ( ) Super ( ) Other LOCATION OF SAMPLING: Number Street City Zip No Collector's Type of (Lab Only) Sample No. Sample FIELD INFOR~TION Analysis Requested: Chain of Custody: 1. '~, Si~e ~'~ /. ~"~-~' ~, ~ /~?~/~,,~'~re,-.z,t~;~usp. ~l'16-~-~'{/'~- Signature Title Inclusive Dat~ 8. Signature Title Inclusive Dat~ 4. Signature Title Inclusive Dat~ Sp~ial Remar~ (e.g. duplicate sample g~ven to company, etc. J PART I1: LABORATORY SECTION - _ _ __ , Date Sample Allocation: ( ) ( ) ( ) ( ) O~her Date Analysis Required tdicate whether sample is sludge, sod, etc. DG:cae \8ough'~analysia\frm WORK 0RDEI~ LOG ~H~:~CI' ~:~E~tJRCE MANAGEMEN'I AGr-NCY  Environmental Health Services Department RANDALL L. ABBOTT STL:VE McCALLEY, REHS, DIRECTOR DIRECTOR Air Pollution Control District DAVID PRICE 111 W~LUAM J. RODDY, APCO ASSISTANT DIRECTOR Planning & Development Services Department TED JAMES, AICP, DIRECTOR ENVIRONMENTAL HEALTH SERVICES DEPARTMENT January 28, 1992 Roberto Martinez 415 E. Brundage Lane Bakersfield, CA 93307 Dear Mr. Martinez: It has come to the attention of this Department that an inspection has been conducted at the facility located at 411 E. Brundage Lane, Bakersfield, California. The intent of this letter is to notify you that any future oversight performed by this Department will result in costs being incurred by the responsible party. In accordance with Kern County Ordinance Code G-5541, Section 8.04.100, the Department is authorized to charge $65.00 per hour for time required to obtain abatement of violations noted during an inspection. The types of costs which may be incurred include time required for reinspections, review of reports, and laboratory services. An invoice detailing all oversight work charged will be sent to you on a monthly basis. Should you have any questions regarding our cost recovery policy, I may be contacted at (805) 861-3636. Sincerely, Hazardous Materials Inspector I Hazardous Materials Management Program TG:cas ~incurred.cos 2700 "M" STREET, SUITE 300 BAKERSFIELD, CALIFORNIA 93301 (805) 861-3636 . Qq~I~S~3~, IS~ N1 39~QN~8 [0~ .... ISV3 N9 3D~ONn~B E0~ . 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L TRACT 1503 SCHOOL DIST. ,~-3~ 169-0~ r i ~ I Il Ili~r~' ,,~ i', ~' I'.l II Il I I I I I , '~ I ,~. ¢/ , ,15/~ ~;zil~ ,~ /o , ~/ 1/211 /~ /4 /s ~ /~ ~ :?~ ~~__~____1 ~ ~l[ ~,ll ~ ~ i I~Jl~JiI~ ~--~ .... ~_ _~ ..~ -. ,~'- "~ '4~..~:' , , ~. To~USE ~.;' ': ESO RCE MANAGEMEN! AG I ICY  Environmental Health Services Department RANDALL L. ABBOTT STEVE McCAIi Fy, REHS, DIRECTOR DIRECTOR Air Po,,.lo. Co..oi DAVID PRICE I!I W~LUA~ J. RODD¥, APCO ASSISTANT DIRECTOR Planning & Development Sendces Department TED JAMES, AICP, DIRECTOR ENVIRONMENTAL HEALTH SERVICES DEPARTMENT March 9, 1992 Mr. Roberto Martinez 415 East Brundage Lane Bakersfield, CA 93307 SUBJECT: Notice to sample waste oil contamination located at 411 E. Brundage Lane, Bakersfield CA Dear Mr. Martinez: A notice of violation was mailed to you on December 14, 1991, directing you to excavate waste oil contaminated soil at the address noted above; and to have the soil sampled and analyzed by a certified hazardous waste laboratory within thirty (30) days. To date compliance has not been forthcoming. In order to avoid further legal action you must comply with the original order dated December 14, 1991, within fourteen (14) days of receipt of this letter. If you have any questions, you may contact me at (805) 861- 3636, extension 582. Sincerely, Terry L. Gray Hazardous Materials Inspector Hazardous Materials Management Program TG:jg Certified Number: P 767 340 704 cc: Department of Toxic Substances Control 2700 "M" STREET, SUITE 300 BAKERSFIELD, CALIFORNIA 93301 (805) 861-3636 ~Y~V. I0/%1::'% 0£I ~  Envh'onmentai Health Sen~ices Department RANDALL L. ABBOTT STEVE McC.~I ! ~:Y, REH$, DIRECTOR DIRECTOR Air Pollution Control District DAVID PRICE ii! W~Li.L~M J. RODDY, APCO ASSISTANT DIRECTOR Planning ,e. Development Sen'ices Department TED JAMES, AICP, DIRECTOR ENVIRONMENTAL HEALTH SERVICES DEPARTMENT April 2, 1992 Roberto Martinez 415 E. Brundage Lane Bakersfield CA, 93307 SUBJECT: Contaminated soil at 411 E. Brundage Lane, Bakersfield Ca. Dear Mr. Martinez: A notice of violation was mailed on December 14, 1991, directing you to characterize wastes located at the site noted above. Our records indicate that compliance has not been forthcoming. In an attempt to reach a mutually agreeable resolution to this matter, an administrative hearing has been scheduled. Please appear at the Kern County Environmental Health Services Department, 2700 "M" Street, Bakersfield California. In the event the date listed below is not convenient, please inform this office immediately so that another date may be scheduled. Date: April 14v 199Z Time: 10:00 a.m./~ We encourage you to be present so this matter may be resolved without further legal action. Sincerely, Hazardous Materials Inspector Hazardous Materials Management Program Certified Number: P 871 998 194 cc: Department of Toxic Substances Control 2700 "M" STREET, SUITE 300 BAKERSFIELD, CALIFORNIA 93301 (805) 861-3636 RANDALL L. ABBOTT STL-~ M,~c,~,, ~=v, amis, DU~ECrOR DIRECTOR A~ Pom,~ ~ ~ DAVID PRICE [] Wn. UAM a. RODDY, Al'CO ASSISTANT DIRECTOR ENVIRONMENTAL HEALTH SERVICES DEPARTMENT April 16, 1992 Roberto Martinez 415 E. Brundage Lane Bakersfield, CA 93307 Dear Mr. Martinez: An administrative hearing notice scheduled for April 14, 1992 at 10:00 a.m. has been rescheduled per your verbal request of April 15, 1992. Please note that the time and date have been changed as follows. Please appear at the Kern County Environmental Health Services Department, 2700 M Street, Bakersfield California at: Date: April 21, 1992 Time: 10:00 a.m. This Department has been in contact with Lieutenant Investigator Tam Hodgso~o~.th~D~.Att~xnmyj~off~~failu=e-~.a~mx= att his. a,'l~41~~~-W~i~'tt-:L~t"~:c'k'~ferral:'"lai'~::~-~ District Attorneys office for prosecu~ion. '--:'" Sincerely, Hazardous Materials Inspector Hazardous Materials Management Progrsm cc: Department of Toxic Substances Control 2700 "M" STREET, SUITE 300 BAKERSFT~t n, CAUFORNIA 93301 (805) 861-3636 FAX: (805) 861-3429 · /.. ........ .I ~. 'r,r,../.....,. ............. SERVICE AND COMPLAINT FOfl~ , .... r. -' '"/.<';,~,-~"C, ........................................................ [] ,.,,,-,-,,.-" ~.--';:~,,,,,, .~.~,o._ ............ 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(~ ~,~, _~^~' ,.~.¥~'->~.~:O~ _O..LL~_../:.L.~..!~-.---~--'-~-~---,-' ........ ~ ........... ,n,o,~a,,o, -';"-.../ RESULTS OF ,' /Z:~) ~, . ~ ,' '. .............................................................................. " ,,+, ', -,.'. :-'.;/.~:~'~z'-'"-- ........ ;" ............. ' .... . INVESTIGATION. ' ',,~"---' ~ .... c / ' ,/~ ' ' ' . ............... , ....... : ............................ ~ ,.i ~ . ~ ,,. ... ~ // ....................... .~....'- ................................. -' , * t . ,' .'., -' . .;. ~:3~...:~.-----~--'' .... ' ............... L_L_.~~_~-~- ....... , · . , ; , . ................................................................. "-["~ ............................. ';"~ ) '," .. _.~L, .................................... ?'"; ...................... _: ........... . _,:_..~ ........ :: ............... "-"~'7:' ~ " ' "' '~" ......... Co~O...n."~ ,o,..d ..... ....!~/:~ .............................. investigated ~¥ ...... ~---~:£"' .' ................................... Environ_mental Health 580 4113 2029 (Rev; 9/1~9) of ~.esuIts ___~ .......... ~ ' ' -~ ...... '" " · :. ', ;',. ! ' ': "L: .,~:~,.--** .................... ' REALTOR® J!JN-91 MELVIN G. DAVIS REALTOR 4EK~k%~EI~?.O. BOX 10926 BAKERSFIELD, CA~'.'~¢ 93389 (805)~;' 397-1330 JUNE 7, 1994 TERRY L. GREY ENVIRONMENTAL HEALTH SERVICES 2700 M ST. STE.300 RE: OWNER, HARTINEZ BAKERSFIELD, CA. 93301 407 E. BRUNDAGE DEAR MR. GREY: PURSUANT TO OUR TELEPHONE CONVERSATION ON MAY 27, 1994 AND YOUR SUGGESTION I WRITE A LETTER SETTING FORTH CERTAIN ITEMS OF OUR CONVERSATION THIS LETTER IS WRITTEN. THE GOOD NEWS WAS THAT ON JUNE 1ST THE JUDGE IN BANK- RUPTCY ISSUED AN ORDER THAT THE STAY ON THE FORECLOSURE ON MR. MARTINEZ BE WITHDRAWN THEREBY LETTING THE FORECLOSURE ACTION PROCEED. I HAVE BEEN IN CONTACT WITH THE TRUSTEE SALE OFFICER AT CHICAGO TITLE CO. AND THEY CAN START ADVERTISING THE SALE IMMEDIATELY UPON RECEIPT OF THE WRITTEN COURT ORDER. MY BANKRUPTCY ATTORNEY ADVISES ME THAT THEY CAN GIVE ME THAT SIGNED ORDER THIS WEEK. THE SALE DATE WILL BE ABOUT 22 TO 30 DAYS AFTER I DELIVER THE COURT ORDER TO THEM. AT THIS POINT IN TIME MARTINEZ WILL LOSE TITLE TO THE PROPERTY AT THE SALE DATE UNLESS HE PAYS ALL DELINQUENT PAY- MENTS DUE, TAXES AND INSURANCE,.BEFORE THE SALE DATE. SHOULD I RE=ACQUIRE THE PROPERTY BACK IT WILL BE FREE OF HIS MANY LIENS ETC. WITH THE GOVERNMENT AS FAR AS I AM CONCERNED. MY ATTORNEY HAS ADVISED HE TO BE SURE TO GET MARTINEZ TO SIGN AN AGREEMENT HOLDING ME HARMLESS, ALLOWING ME AND OTHERS TO ENTER UPON HIS PROPERTY, TO HAVE THE PROPERTY CLEARED OF JUNK AND DEBRIS, TO APPROVE THE WORK THAT IS TO BE DONE ETC. AS WE DISCUSSED I HAVE BEEN IN CONTACT WITH DWANE SMITH AND HAVE CONTACTED THREE ASPHALT CONTRACTORS SECURING OTHER INFORMATION. IT IS HOPED THAT WITHIN THE NEXT 30 DAYS THE HARTINEZ HATTER WILL BE RESOLVED AND SHOULD I RE-ACQUIRE THE PROPERTY LESS WRITTEN AGREEMENTS, LESS ATTORNEY FEES, AND LESS EXPENSE ON MY PART WOULD CERTAINLY BE HELPFUL. THANK YOU FOR YOUR CONSIDERATION IN THIS MATTER. MvELVIN G. DAVIS CC: JAMES PARKER ATTY. STEVE McCALLEY, R.E.H.S. ~ 2700 "M" Street, Suite 300 DIRECTOR V! Bakersfield, CA 93301 (805) 861-3636 (805) 861-3429 FAX Ropers, Majeski, Kohn, Bentley, Wagner & Kane June 1, 1994 80 North First Street San Jose, California 95113 SUBJECT: WASTE OIL CONTAMINATION AT 411,409 AND 407 BRUNDAGE LANE, BAKERSFIELD, CALIFORNIA ATTN: Annamarie Obey, Legal Assistant to Alan L. Martini Dear Ms. Obey: We have researched your request for access to our department files related to a waste oil Contamination located at 407, 409 and 411 Brundage Lane in Bakersfield. We are unable to locate any records of contamination at that location. Many of our records are filed by DBA, facility and/or business names but we could find no records corresponding to the addresses you have provided. If you can provide additional information we will be more than happy to resume researching this request. While researching your request we did locate records of a similar contamination at a site on East Brundage Lane in Bakersfield. Records for 411 East Brundage Lane are available; however, the department is conducting open and on-going investigations at 407 and 409 East Brundage. Records of those investigations contain-the analysis and conclusions of the investigating officers and are privileged under Evidence Code Section 1040. If these are the documents that you seek they are exempt from disclosure under the Public Records Act, particularly Government Code sections 6254 and 6255. Any request for records at 407 or 409 East Brundage will be denied; however, if any investigation results in action being taken to hold a hearing or impose legal sanctions against the facility, its owner or operator, the hearing and documents considered at the hearing would be public record. If you have additional information which you can provide to assist us in locating departmental records for the locations/addresses you seek, please feel free to contact me at (805) 861-3435. It is our desire to provide the requested records if they can be located and are not exempt. Sin,~.~rely, /'"~_. / Susan Oonzaies '/ :/ Administrative )kssistant Custodian of Records I.AW OFF'ICES "A,~.h%,7.'.'," ROPERS, MAJESKI, KOHN, BENTLEY, ....... ~o. WAGNER & KANE s~~ r.^.c*sco, c.~uro..~, e4 os 80 NORTH FI RST STREE-I' SAN dOS[ CALIFORNIA 95113 TELEPHONE (408) 287-6262 May 25, 1994 FREEDOM OF INFORMATION ACT REQUEST Kern County Environmental Health Services Department 2700 "M" Street, Suite 300 Bakersfield, CA 93301 Subject: Waste Oil Contamination at 411, 409 and 407 Brundage Lane Bakersfield, California Attn: Susan Gonzales Dear Ms. Gonzales: Under the provisions of 5 USC section 552, we are hereby requesting access to and/or copies of all the files which are now in your possession relating to the above-referenced sites. In particular, we request the most detailed information which you possess in the form of documents, correspOndence, memoranda and reports generated by you or any other person or entity in connection with: 1. The historical use and operation of the above sites; 2. Any contamination, pollution or conditions requiring remediation at the above sites; and 3. Descriptions of the investigation and/or remediation activities which have taken place or are to take place at the above sites. We are prepared to pay reasonable costs for locating the requested documents and for their reproduction. If all or any part of this request is denied, please cite the specific exemption(s) which you thing justifies your refusal to release the information, and inform us of the appeal procedures available to us under the law. ROPERS, MAJESKI, KOHN, BENTLEY, WAGNER & KANE A PROFESSIONAL CORPORATION Kern County Re: 411, 409 and 407 Brundage Lane May 25, 1994 Page 2 We would appreciate your handling this request as quickly as possible, and look forward to hearing from you within l0 days, as the law stipulates. Very truly yours, ROPERS, MAJESKI, KOHN, BENTLEY, WAGNER & KANE ALAN L. MARTINI (408) 287-6262 ext. 2969 STEVE McCALLEY, R.E.H.S. ~ 2700 "M" Street, Suite 300 DIRECTOR V Bakersfield, CA 93301 (805) 861-3636 (805) 861-3429 FAX Melvin G. Davis June 1, 1994 P. O. Box 10926 Bakersfield, CA 93309 SUBJECT: WASTE OIL CONTAMINATION AT 411,409, & 407 BRUNDAGE LANE, BAKERSFIELD, CA Dear Mr. Davis: The purpose of this letter is to document our telephone conversations of May 20 and May 25, 1994. You previously submitted a work plan to install an asphalt cap to encapsulate waste oil contaminated soil at the site noted above. You were notified on March 24, 1994, that the work plan was acceptable to this Department and implementation of the work plan should occur within 30 days. After review and consideration of the circumstances involved in this case, an extension to apply the asphalt cap is granted until June 10, 1994. If you have any questions regarding this matter, please contact this office at (805) 861-3636. Sincerely Steve McCalley, Director By: Terry Hazardous Materials Inspector Hazardous Materials Management Program TLG:cas cc: Roberto Martinez ~8ray~davis9.kom STEVE McCALLEY, R.E.H.S. ~ 27oo 'M' Street, Suito 3oo DIRECTOR V! Bakersfield, CA 9a301 (805) 861-3636 (805) 861-3429 FAX May 11, 1994 Melvin G. Davis P. O. Box 10926 Bakersfield, CA 93309 SUBJECT: WASTE OIL CONTAMINATION AT 411,409, & 407 BRUNDAGE LANE, BAKERSFIELD, CA Dear Mr. Davis: This letter/s to remind you of necessary work at the subject site. A rev/ew of our records indicates that the asphalt cap encapsulating the waste off contam/nated soil at the site noted above have not been implemented. Please inform this office as to the status of this project w/thin seven (7) days. If you have any questions regarding this matter, please contact this office at (805) 861-3636. Sincerely, Steve McCalley, Director By: Terry L. Gray Hazardous Materials Inspector Hazardous Materials Management Program TLG:cas cc: Roberto Martinez ENVIRONMEN ,t AL HEALTHSERVICEb DEPARTMENT STEVE McCALLEY, R.E.H.S. """ 2700 'M' Street, Suite 300 DIRECTOR Bakersfield, CA 93301 i~J~~M~I (805) 861-3636 March 24, 1994 Melvin G. Davis P. O. Box 10926 Bakersfield, CA 93309 SUBJECT: WASTE OIL CONTAMINATION AT 411, 409, & 407 BRUNDAGE LANE, BAKERSFIELD, CALIFORNIA Dear Mr. Davis: The characterization report submitted by Smith-Gutcher and Associates for waste oil- contaminated soil located at the above-noted site has been reviewed by this office. This Department concurs with the report recommendation of encapsulating the contaminated soil with a cap of asphalt paving. In addition, a record must be entered into the property deed disclosing the contamination and remediation methods used. Within thirty (30) days of receipt of this letter, please implement the installation of the asphalt cap. Please provide a brief description of the plans for application of the asphalt cap. Please contact this office 48 hours prior to any site activity. If you have any questions regarding this matter, you may contact me at (805) 861-3636, Extension 8760. Sincerely, Steve McCalley, Director By: Terry L. Gray Hazardous Materials Inspector Hazardous Materials Management Program TLG:ch cc: Roberto Martinez Smith & Associates ATrN: Duane Smith gray~davis7.1et MELVIN DAVIS PROPERTIES SAMPLE GRID PATTERN SMITH- GUTCHER AND ASSOCIATES, INC. Consulting Geologists 7201 Charity Avenue Bakersfield, California 93308 (805) 589-7861 March 10, 1994 Mr. Terry Gray County of Kern Environmental Health Services Department 2700 M Street, Suite 300 Bakersfield, California 93301 Dear Mr. Gray: As per my work plan dated October 21, 1993, further characteriza- tion of oil contaminated soil at three properties located at 407, 409, and 411 Brundage Lane in Bakersfield, California has been completed. The properties are located in Section 32, T.29S., R.28E., M.D.B.& M. (see Figure 1). The characterization work was performed for Mr. Melvin Davis subsequent to a discussion with the County of Kern, Environmental Health Services Department. Oil contaminated soil is located south of three structures on the properties. An ally is located along the southern edge of the properties. Figure 2 shows the area between the buildings and the ally. The soil has been contaminated by past use of the properties for automotive and transmission repair businesses. A visual inspection of the properties found oil contaminated soil around the concrete slabs located along the southern edge of the buildings. A number of shallow test holes were drilled on the properties in August 1993. The visual information from these holes was used to estimate the amount of oil stained soil'on the properties. It appeared, based on the visual investigation,~that the contaminated soil covers most of the properties south of the structures at 409 and 411 Brundage Lane and about 75% of the property south of the structure at 407 Brundage Lane. 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' ~' ' "~~" i "~ " x~;/,,,~l/~r ./ ..~ .... r~ ~, -~.., ~ i ~ ........... I: .¢,¢. /, '1 _ _ ~.-q ,~ ..... ~ MELVIN DAVIS PROPER I Y :-~, ~ ~.~ LOCATION MAP .... : -- .,...,.~,]~= I, .. .,.., t 1.1 , , MELVI N DAVIS PROPERTI ES VICINITY MAP Mr. Terry Gray County of Kern March 10, 1994 Page 2 a foot over much of the properties. It is estimated that there is approximately 102 cubic yards of contaminated soil on the properties. Further characterization was needed to ascertain if the oil contaminated soil could be left in-place and capped with asphalt. On January 20, 1994, 10 randomly selected soil samples from the properties and one background soil sample from the southern portion of the property at 413 Brundage Lane were collected. The sample locations were computer generated. The surface of the properties was divided into a 10 foot grid pattern (see Figure 3). Each grid pattern was numbered from 1 through 59. Simple random sample locations from this grid pattern were generated using a Packard Bell 386SX computer which selected the 10 sample locations. Table 1 shows the 10 grid locations selected. The sample locations within the grids are numbered Sample Nos. 1 through 10. Figure 4 shows the grids in which the sample loca- tions are situated. Eight of the soil samples were collected from the oil contaminated interval. Two of the soil samples were collected from a depth of approximately 2 feet below the ground surface to help ascertain if the soil below the oil contaminated interval is contaminated. Three of the eight soil samples collected from the oil contaminated interval were analyzed for CAM 17 heavy metals. Each of the 10 soil samples were analyzed for total lead (EPA Method 3050/6010). Three of the eight soil samples collected from the oil contaminated interval were analyzed for CAM 17 heavy metals (SW 6010 or SW 7000). The two foot soil samples were analyzed for only total lead. Analysis for soluble lead was SMITIt- GUTCHER AND ASSOCIATES, INC. MELVIN 13AV IS PROPERTIES SAMPLE CR I 13 PATTERN / i : ~ - - --I .......... f ~ -- ~ I t I I I I I ~--- ~ ~-- I ~ T ~--4-----, ~-----~--- _L---- -- I I ~ ! I I I ~ ~ ~----J RANDOM SELECTION OF SAMPLE LOCATIONS MELVIN DAVIS PROPERTIES, BRUNDAGE LANE SAMPLE LOCATION GRID SQUARE 1 34 2 42 3 50 4 26 5 9 6 8 7 31 8 24 9 53 10 11 Table 1 MELVIN DAVIS PROPERTI ES SAMPLE CR I D PATTERN Mr. Terry Gray County of Kern March 10, 1994 Page 3 performed when needed. The background soil sample was analyzed for total lead and CAM 17 heavy metals. The soil samples were analyzed by BC Laboratories in Bakersfield. Appendix A contains the results of the chemical analyses. The quality assurance and quality control of the laboratory are available from BC Laboratories upon request. The soil samples were collected using a hand driven core sampler. The sampler holds a two inch diameter by two inch long brass liner. The core sampler was driven through the proper int-erval after the hole was drilled to the sample depth with the hand auger. The brass liner was removed from the sampler and the end covered with Teflon seals and polyethylene caps. The liner was then placed.in a polyethylene sample bag and the bag sealed and labeled. Each bagged liner was retained in a chilled state for analyses at the laboratory. Sample No. 1 collected from grid 34 was analyzed for total lead. The sample contained a lead concentration.of 3.0 mg/kg. Sample No. 2 collected from grid 42 was analyzed for CAM 17 heavy metals. The sample contained a lead concentration of 41 mg/kg. The other metal concentrations were none detected or below or only slightly above the STLC values. Sample No. 3 collected from grid 50 was analyzed for CAM 17 heavy metals and soluble lead. The sample contained a total lead concentration of 190 mg/kg and a soluble lead concentration of 7.7 mg/1. Sample No. 4 collected from grid 26 was analyzed for total lead. The sample contained a lead concentration of 16 mg/kg. Samples No. 5 collected from grid 9 was analyzed for total lead. The sample contained a lead concentration of 7.8 mg/kg. Sample No. 6 collected from gri~ 8 SMITIt- GUTCHER AND ASSOCIATES, INC. rn C Environmental Health ' vice-, ~llartment Hazardous Materials Sample Analysis Request (805) 861-3636 No 2700 "M" STREET, SUITE 300 To BAKERSFIELD, CA 93301 PRIORITY ( ) (Explain) PART 1: FIELO SECTION Collector T~-c~ ~-~'~ Date Sampled /"/--I ~ --~7_.- Time _~:~0 /'Hours Activity: ( ) Enforcement ( ) ASP ( ) tLW. Property ( ) Super ( ) Other LOCATION OF SAMPLING: Name ~.~]~'1~./,.~ ~%A'~ ~gt~..--~.~. Tel. No. ~a~ 4~-/ z/ ~lt ~.~vO~t.~ Number Street (~n~¥) Collector's T. ype o$ (Lab _ Snmple No. ~amp~e FIELD INFOI~IATION Analysis Requested: 'T-'~.~ ~ 't--cs,a-.A- E, Chai]g~o~ f Si~e l'ifle md~ive ~at~ 4. S~ Title ~dmive Datm s~ R~ PART II: ~BO~TORY SE~ON Received By. Tide Date Sample Allocation: ( ) ( ) ( ) ( ) Other Date Analysis Required *Indicate whether sample is sludge, sod, etc. ~oughXanalysis~frm ~ (5 -2 6 - 1 3 STEVE McCALLEY, R.E.H.S. ~ DIRECTOR ~ 2700 'M' Street, Suite 300 Bakersfield, CA 93301 (805) 86.1-3636 (805) 861-3429 FAX May 22, 1995 Melvin G. Davis P. O. Box 10926 Bakersfield, CA 93309 SUBJECT: WASTE OIL CONTAMINATION AT 411, 409, & 407 BRUNDAGE LANE, BAKERSFIELD, CALIFORNIA. Dear Mr. Davis: This letter is to remind you of the work necessary to complete the investigation at the site noted above. .The work plan to cap the contamination was approved on March 24, 1994, as yet, no work has been accomplished. A recent survey, of the property revealed that current tenant activity is contributing to the soil contamination. This activity may require further soil characterization and additional site remediation is capping of the site is not initiated soon. Please contact this office within seven (7) days to discuss this matter. As always, this office is available to assist you. If you have any questions or comments, please call (805) 861-3636. Sincerely, Steve McCalley, Director Lydi~ Vi v~ Sydow, REA Hazardous Materials Inspector Hazardous Materials Management Program CIGNA Property & Casualty May 9, 1995 , ~ 21860 Burbank Boulevard Environmental Health Services Dept. suite 200 P.O. Box 4142 2700 "M" Street, Suite 300 Woodland Hills, CA 91365 Bakersfield, CA 93301 Telephone 818.712.6200 Attn: Mr. Terry Gray RE: All Automatic Transmissions Site: 407, 409, 411,415 E. Brundage Lane, Bakersfield, Ca Our File #: 717 L 001493-8 Dear Mr. Gray: Please be advised that the undersigned is handling the investigation of the above captioned matter. I am trying to determine the nature of All Automatic Transmission's involvement and alleged contribution to the contamination at the property stated above. I would appreciate it if I could schedule a time with your organization to review the department's file in order to see if there are consultant reports. You may contact me during business hours at (818) 712-6357 or at the address indicated on this letterhead. Thank you for your prompt attention to this matter. Very truly yours, Major Claims Regional Speci~ist SAFECO · SAFECO INSURANCE COMPANIES TELEPHONE: (510) 277-8600 NORTHERN CALIFORNIA BRANCH OFFICE FACSIMILE: (510) 277-8636 3000 EXECUTIVE PARKWAY, SUITE 300 MAILING ADDRESS: P.O. BOX 5152 SAN RAMON, CA 94583-2300 SAN RAMON, CA 94583-5152 Friday, January 27, 1995 ~Lydia yon Sydow Kern County Dept. of Environmental Health 2700 M St. Bakersfield CA 93301 - Our Insured: Dan and Deanna Araujo Our Claim #: 19T 93227 2124 Our Policy #: BA 8236526 Loss Location: 407-411 E. Brundage Lane, Bakersfield CA Dear Ms. yon Sydow: Thank you for taking the time to speak with me on Thursday, January 26, 1 995. As you suggested, I am writing to request a copy of the Kern County Dept. of Environmental Health file regarding the address referenced above. I understand that the file is still open and awaits final confirmation that the remediation work is has been done by Mr. Davis. Please consider this letter a request for a copy of the department's file in this matter. As I recall, the department will ascertain the number of pages to be copied and send me a bill for the copy work. Once payment is received, the file can be mailed. Thank you again for your help. If you need any further information, please call me at (510) 277-8641. Sincerely, SAFECO Insurance Company of America Richard Williams Environmental Claims A:~ARAUJO\01-27-gS.LET cc Dan & Deanna Araujo SAFECO INSURANCE COMPANY OF AMERICA SAFECO LIFE INSURANCE COMPANY GENERAL INSURANCE COMPANY OF AMERICA FIRST NATIONAL INSURANCE COMPANY OF AMERICA SAFECO NATIONAL iNSURANCE COMPANY SAFECO NATIONAL LiFE INSURANCE COMPANY SAFECO INSURANCE COMPANY OF ILLINOIS I~I~CORDING IIEQUI~STED 'dYl c.xcAuo 'rtTLK COH~'^.Y ~00~ T~l r~,~,~ 0218 O. BOX 10926 REC. FE Tlw undcrfllned Irm~lor d~l~r~: (2) Tho ~moum o[ Ihe unp~td debl Iolclh~r with CO~l~ w~ (~) The mnuunl paid hy Ihe 8finite II tho lru~lee'~ ~ale wa~ ............................. {4) The d~umem~ Irnn~or ~x is ................................................. $ -0- .. _ (~) S~ld property I~ In ( X ) unlnc~uralcd area; ( ) Ctly of ~. nmi CHICAGO TITLE COMPANY, ~ cuHmrallon, (heroin call *l*ru~lce), n~ lbo duly appoinled Tru,lcc under lbo Deed u[ Tm~l hcmlnn~er described, d~s hereby 8ram nnd convey, bm wllhotll covem~nt or w~rrnmy, express or Impl:d,m HELVIN G. DAVIS~ TRUSTEE FOR TIlE MELVIN G. ~VIS TRUST bATED APRIL 10, ~991 (he~ln called Orantee), flit of Ils right, lille and Interest ~ UNTNCORPO~T~D AREA , County of ~gRN St.~ uf California, dcacrihed a~ folluwa: SE~ EXIII9IT "A" ATTACII~O II~RgTO TRUST~B STAT~S TIIAT: This conveylnco ii made pur~uanl Io' Iho power~ ,,mfferred u~m T~Xlllee by. Olal ce~aJll Dced of Trull dated 0B/ZU/ 1991 mlldexeculedhy R.~dERTO S. ~RTINEZ AND LKSI. IE C. ~RTINEZ, HUSBAND AND a~ Iru~mr, and lecorded 08/28/1991 In Ih~ok/licellln~trun~cnl Nl,. 6562 Pm~ollma{o, 0899 ,o¢ OfflciM Recnrd~ ~1' KERN Cl~unty, Callfl~rnln, ~nd nfier fulfill. menl of Iht condilion~ ~ll]cd in ~ld Dccd nf 'l'ru~l ~uli~orizin[ thi~ convcymnco. Default ~cur~d a~ lei [ertl{ in a Notice of Defaull ired Elcclion Io Sell which wa~ recorded h, lilo off]cc of the R~order of ~aid Counly. All requi~montl of law re~ardin~ I,,o mnilin~ ,ff copi~, of m)licc~ and Notice of Silo which wm~ recorded hr~ been cnm01ied wilh. Said properly wa~ sold by said Truslee al puhlic nll¢iJolt Oil JULY 15, 1994 al lbo place na~d {n lbo Nnllce of Sa{o, in ,ho Cnunly of KERN California, In which Ihopmperly {s situmlod, Oranleo ~in{ lbo hiBh~sl bidder mt such sa{o, became lbo purchaser of said pto[~ny nnd paid flmrefo~ lo ~aid Tnl~teo lbo amount bid S 168,28~, 05 , in Inw~l lilt. Icy iff tho Untied Stat=l, or hy tho inllifaction, pro taimlo, of lite (,bll~.tJillml Ihcn secured {n Wllnoli Whuruof, ~uld CH{CAGe TITLE COMPANY, a k'.rporallo., ni T~.mlue, hah Ihim lay ce.reed it, cnr~,ra;e nanm lu he hereunto af~mod by II~ Vino-Pro.ideal and Ali{lianl Secrctury, lhe;uunln duly Buurd of Dirt~lori. Datud JULY 15. 1994 _ Chici~(~ Til{o Cump,.y, nm coumv o~ KZ~H ~ } On JULY 15. 1994 boro,, ~RILYN HOFF~ Hy ~EREI. E. }~REN ' ' ' within inltrumlnt lad moknowlldgld to mi that hl/l~l~hly Ixeoutod the limo In nl~er~helt lulhorllod oipaolt~lel), I~ Ihlt by hl~et~hol~ ~ ~ C~M, IM43~4 w ilgniture(I) on the Inltrumlnl the perion(I), or tho entity upon behalf of whioh the plrlOfl(I) IClld, exeouted Ihe Inl.umenl. * MAIL TAXOTATEMENT8 7061., , 0219 ~OT8 ~5~ ~6~ 17 AND TNE NEST 41 FEET OF LOT 18, T~CT NO, ~503, IN TNE UNINCORPORATED AREA OF THE COUNTY OF KERH~ STATE OF C~LIFORNI&, ~ PER N~P FILED JULY 2It 1949 IH BOOR 7 PAGE8 21, 22 AND 23 OF ~APa, IN THE OFFICE OF THE COUNTY RECORDER OF 8AID COUNTY. EXCEPTING TNEREFRON AN UNDIVIDED 1/2 INTEREST IN ALL OF THE GILt GA~ AND/OR OTHER HYDROCARBON BUBSTANCES LYING HXTNZN OR UNDgR~ OR ~NAT /4AY DE PRODUCED FROH O~XD ~D~ A~ RESERVED BY JOHN YANCEY, AND ~XFB, BT ~, DATED JANUARY 7, 1946 RECORDED F~BRUAR~ lB~ 1946 IN B~K 1323 PAGE 8l~ OF OFFICIAL RECORDS. ~O EXCEPTING ALL RE~XNXNO OIL~ OA~ AND OTHER H~DROCARBON BUB$TANCES AND HXNE~L8 IN AND UNDER BAlD LAND~ IN DEED RECORDED AUGUBT 27~ 1991 OF OFFICIAL RECORDS. ~PS ~69-093-02-00-4~ ~69-093-03-00-7 AND 169-093-04-00-O EALTOR® ,.I'JN-9~, MELVIN G. DAVIS REALTOR 4;]FK~Z0gEI~Q]I:E P.O. BOX 10926 BAKERSFIELD, CA~ 93389 (805)~]~' 397-1330 JUNE 7, 1994 TERRY L. GREY ENVIRONMENTAL HEALTH SERVICES 2700 M ST. STE.300 RE: OWNER, MARTINEZ BAKERSFIELD, CA. 93301 407 E. BRUNDAGE DEAR MR. GREY: PURSUANT TO OUR TELEPHONE CONVERSATION ON MAY 27, 1994 AND YOUR SUGGESTION I WRITE A LETTER SETTING FORTH CERTAIN ITEMS OF OUR CONVERSATION THIS LETTER IS WRITTEN. THE GOOD NEWS WAS THAT ON JUNE 1ST THE JUDGE IN BANK- RUPTCY ISSUED AN ORDER THAT THE STAY ON THE FORECLOSURE ON MR. MARTINEZ BE WITHDRAWN THEREBY LETTING THE FORECLOSURE ACTION PROCEED. I HAVE BEEN IN CONTACT WITH THE TRUSTEE SALE OFFICER AT CHICAGO TITLE CO. AND THEY CAN START ADVERTISING THE SALE IMMEDIATELY UPON RECEIPT OF THE WRITTEN COURT ORDER. MY BANKRUPTCY ATTORNEY ADVISES ME THAT THEY CAN GIVE ME THAT SIGNED ORDER THIS WEEK. THE SALE DATE WILL BE ABOUT 22 TO 30 DAYS AFTER I DELIVER THE COURT ORDER TO THEM. AT THIS POINT IN TIME MARTINEZ WILL LOSE TITLE TO THE PROPERTY AT THE SALE DATE UNLESS HE PAYS ALL DELINQUENT PAY- MENTS DUE, TAXES AND INSURANCE;.BEFORE THE SALE DATE. SHOULD I RE=ACQUIRE THE PROPERTY BACK IT WILL BE FREE OF HIS MANY LIENS ETC. WITH THE GOVERNMENT AS FAR AS I AM CONCERNED. MY ATTORNEY HAS ADVISED ME TO BE SURE TO GET MARTINEZ TO SIGN AN AGREEMENT HOLDING ME HARMLESS, ALLOWING ME AND OTHERS TO ENTER UPON HIS PROPERTY, TO HAVE THE PROPERTY CLEARED OF JUNK AND DEBRIS, TO APPROVE THE WORK THAT IS TO BE DONE ETC. AS WE DISCUSSED I HAVE BEEN IN CONTACT WITH DWANE SMITH AND HAVE CONTACTED THREE ASPHALT CONTRACTORS SECURING OTHER INFORMATION. IT IS HOPED THAT WITHIN THE NEXT 30 DAYS THE MARTINEZ MATTER WILL BE RESOLVED AND SHOULD I RE-ACQUIRE THE PROPERTY LESS WRITTEN AGREEMENTS, LESS ATTORNEY FEES, AND LESS EXPENSE ON MY PART WOULD CERTAINLY BE HELPFUL. THANK YOU FOR YOUR CONSIDERATION IN THIS MATTER. M~ELVIN G. DAVIS CC: JAMES PARKER ATTY. STEVE McCALLEY, R.E.H.S. ~ 2700 "M" Street. Suite 300 DIRECTOR V Bakersfield, CA 93301 (805) 861-3636 (805) 861-3429 FAX Ropers, Majeski, Kohn, Bentley, Wagner & Kane June 1, 1994 80 North First Street San Jose, California 95113 SUBJECT: WASTE OIL CONTAMINATION AT 411, 409 AND 407 BRUNDAGE LANE, BAKERSFIELD, CALIFORNIA ATrN: Annamarie Obey, Legal Assistant to Alan L. Martini Dear Ms. Obey: We have researched your request for access to our department files related to a waste oil Contamination located at 407, 409 and 411 Brundage Lane in Bakersfield. We are unable to locate any records of contamination at that location. Many of our records are filed by DBA, facility and/or business names but we could find no records corresponding to the addresses you have provided. If you can provide additional information we will be more than happy to resume researching this request. While researching your request we did locate records of a similar contamination at a site on East Brundage Lane in Bakersfield. Records for 411 East Brundage Lane are available; however, the department is conducting open and on-going investigations at 407 and 409 East Brundage. Records of those investigations contain the analysis and conclusions of the investigating officers and are privileged under Evidence Code Section 1040. If these are the documents that you seek they are exempt from disclosure under the Public Records Act, particularly Government Code sections 6254 and 6255. Any request for records at 407 or 409 East Brundage will be denied; however, if any investigation results in action being taken to hold a hearing or impose legal sanctions against the facility, its owner or operator, the hearing and documents considered at the hearing would be public record. If you have additional information which you can provide to assist us in locating departmental records for the locations/addresses you seek, please feel free to contact me at (805) 861-3435. It is our desire to provide the requested records if they can be located and are not exempt. / Susan Gonzales, '// ,y Administrative ASsistant Custodian of Records r LAW OFFICE5 "A,,~.o~4%,.~J,"' ROPERS, MAJESKI, KOHN, BENTLEY, ....... ~ o, WAGER ~N r~ANClKO. ~IFORN/A e4,0S O0 NORTH FIRST STRE~ SAN dOSE CALIFORNIA 95113 TELEPHONE (408) FACSINIL[ (408) 297-6819 May 25, 1994 FREEDOM OF INFORMATION ACT REQUEST Kern County Environmental Health Services Department 2700 "M" Street, suite 300 Bakersfield, CA 93301 Subject: Waste Oil Contamination at 411, 409 and 407 Brundage Lane Bakersfield, California Attn: Susan Gonzales Dear Ms. Gonzales: Under the provisions of 5 USC section 552, we are hereby requesting access to and/or copies of all the files which are now in your possession relating to the above-referenced sites. In particular, we request the most detailed information which you possess in the form of documents, correspondence, memoranda and reports generated by you or any other person or entity in connection with: 1. The historical use and operation of the above sites; 2. Any contamination, pollution or conditions requiring remediation at the above sites; and 3. Descriptions of the investigation and/or remediation activities which have taken place or are to take place at the above sites. We are prepared to pay reasonable costs for locating the requested documents and for their reproduction. If all or any part of this request is denied, please cite the specific exemption(s) which you thing justifies your refusal to release the information, and inform us of the appeal procedures available to us under the law. ROPERS, MAJESKI, KOHN, BENTLEY, WAGNER & KANE A PROITr. SSIONAL CORPORAI'~ON Kern County Re: 411, 409 and 407 Brundage Lane May 25, 1994 Page 2 We would appreciate your handling this request as quickly as possible, and look forward to hearing from you within 10 days, as the law stipulates. Very truly yours, ROPERS, MAJESKI, KOHN, BENTLEY, WAGNER & KANE Annamarie Obey ~/ ~ Legal Assistant to ~ ALAN L. MARTINI (408) 287-6262 ext. 2969 ENVIRONMEN ,,I L HEALTH SEFIVlCES EPAFITMENT STEVE McCALLEY, R.E.H.S. ~ 2700 "M" Street, Suite 300 DIRECTOR V Bakersfield, CA 93301 (805) 861-3636 (805) 861-3429 FAX June 1, 1994 Melvin G. Davis P. O. Box 10926 Bakersfield, CA 93309 SUBJECT: WASTE OIL CONTAMINATION AT 411, 409, & 407 BRUNDAGE LANE, BAKERSFIELD, CA Dear Mr. Davis: The purpose of this letter is to document our telephone conversations of May 20 and May 25, 1994. You previously submitted a work plan to install an asphalt cap to encapsulate waste oil contaminated soil at the site noted above. You were notified on March 24, 1994, that the work plan was acceptable to this Department and implementation of the work plan should occur within 30 days. After review and consideration of the circumstances involved in this case, an extension to apply the asphalt cap is granted until June 10, 1994. If you have any questions regarding this matter, please contact this office at (805) 861-3636. Sincerely Steve McCalley, Director By: Terry Hazardous Materials Inspector Hazardous Materials Management Program TLG:cas cc: Roberto Martinez ~ray~davis9.kom STEVE McCALLEY, R.E.H.S. ~ 2700 'M' Street, Suite 300 DIRECTOR ~! Baker.field, CA 93301 (805) 861-3636 (805) 861-3429 FAX May 11, 1994 Melvin G. Davis P. O. Box 10926 Bakersfield, CA 93309 SUBJECT: WASTE OIL CONTAMINATION AT 411,409, & 407 BRUNDAGE LANE, BAKERSFIELD, CA Dear Mr. Davis: This letter is to remind you of necessary work at the subject site. A review of our records indicates that the asphalt cap encapsulating the waste oil contaminated soil at the site noted above have not been implemented. Please inform this office as to the status of this project within seven (7) days. If you have any questions regarding this matter, please contact this office at (805) 861-3636. Sincerely, Steve McCalley, Director By: Terry L. Gray Hazardous Materials Inspector Hazardous Materials Management Program TLG:cas cc: Roberto Martinez ENVIRONMEN HEALTHSERVICEL DEPARTMENT STEVE McCALLEY, R.E.H.S. //' 2700 "M" Street, Suite 300 DIRECTOR Bakersfield, CA 93301 (8OS) 861-3636 (805) 861-3429 FAX March 24, 1994 Melvin G. Davis P. O. Box 10926 Bakersfield, CA 93309 SUBJECT: WASTE OIL CONTAMINATION AT 411, 409, & 407 BRUNDAGE LANE, BAKERSFIELD, CAI.TFORNIA Dear Mr. Davis: The characterization report submitted by Smith-Gutcher and Associates for waste oil- contaminated soil located at the above-noted site has been reviewed by this office. Thla Department concurs with the report recommendation of encapsulating the contaminated soil with a cap of asphalt paving. In addition, a record must be entered into the property deed disclosing the contamination and remediation methods used. Within thirty (30) days of receipt of this letter, please implement the installation of the asphalt cap. ?lease provide a brief description of the plans for application of the asphalt cap. Please contact thia office 48 hours prior to any site activity. If you have any questions regarding this matter, you may contact me at (805) 861-3636, Extension 8760. Sincerely, Steve McCalley, DLrector By: Terry L. Gray Hazardous Materials Inspector Hazardous Materials Management Program TLG:ch cc: Roberto Martinez Smith & Associates ATTN: Duane Smith gtay~davis7.1et SAI~iPL E HO. LEAD ~ :.2 i ,. 0 0 $ /. 70 4 0. ,5 0 5 .i., iO e i. 6O 8 0 ~ ,59 ..t. 0 i4 Sample mean ~.' Student's "t" vaLL!e L f~:3g, i :3 K.:3 F'~." v' :: C,T - X - LO ::~6,7 MELVIN DAVIS PROPERTIES SAMPLE GRI O PATTERN SMITH- GUTCHER AND ASSOCIATES, INC. Consulting Geologists 7201 Charity Avenue Bakersfield, California 93308 (805) 589-7861 March 10, 1994 Mr. Terry Gray County of Kern Environmental Health Services Department 2700 M Street, Suite 300 Bakersfield, California 93301 Dear Mr. Gray: As per my work plan dated October 21, 1993, further characteriza- tion of oil contaminated soil at three properties located at 407, 409, and 411 Brundage Lane in Bakersfield, California has been completed. The properties are located in Section 32, T.29S., R.28E., M.D.B.& M. (see Figure 1). The characterization work was performed for Mr. Melvin Davis subsequent to a discussion with the County of Kern, Environmental Health Services Department. Oil contaminated soil is located south of three structures on the properties. An ally is located along the southern edge of the properties. Figure 2 shows the area between the buildings and the ally. The soil has been contaminated by past use of the properties for automotive and transmission repair businesses. A visual inspection of the properties found oil contaminated soil around the concrete slabs located along the southern edge of the buildings. A number of shallow test holes were drilled on the properties in August 1993. The visual information from these holes was used to estimate the amount of oil stained soil on the properties. It appeared, based on the visual investigation, that the contaminated soil covers most of the properties south of the structures at 409 and 411 Brundage Lane and about 75% of the property south of the structure at 407 Brundage Lane. The oil contaminated soil was observed to a depth of approximately 0.6 of SUBJECT PROPERTIES BRJHDAGI J:O;/,":. :.1 ~ ~ :,,',' ",,,', ~' [~ ': ~1~ ' ......... .,,, ,',.,,,, I.: f; I: I' I' I': I' ' I Willie MELVIN DAVIS PROPER-I-Y LOCATION MAP · -I ...,,.,,~1 ,,. .= ~1:.1 I,...., .11,, / - 1::. MELVIN DAVIS PROPERTIES VICINITY MAP Mr. Terry Gray County of Kern March 10, 1994 Page 2 a foot over much of the properties. It is estimated that there is approximately 102 cubic yards of contaminated soil on the properties. Further characterization was needed to ascertain if the oil contaminated soil could be left in-place and capped with asphalt. On January 20, 1994, 10 randomly selected soil samples from the properties and one background soil sample from the southern portion of the property at 413 Brundage Lane were collected. The sample locations were computer generated. The surface of the properties was divided into a 10 foot grid pattern (see Figure 3). Each grid pattern was numbered from 1 through 59. Simple random sample locations from this grid pattern were generated using a Packard Bell 386SX computer which selected the 10 sample locations. Table 1 shows the 10 grid locations selected. The sample locations within the grids are numbered Sample Nos. 1 through 10. Figure 4 shows the grids in which the sample loca- tions are situated. Eight of the soil samples were collected from the oil contaminated interval. Two of the soil samples were collected from a depth of approximately 2 feet below the ground surface to help ascertain if the soil below the oil contaminated interval is contaminated. Three of the eight soil samples collected from the oil contaminated interval were analyzed for CAM 17 heavy metals. Each of the 10 soil samples were analyzed for total lead (EPA Method 3050/6010). Three of the eight soil samples collected from the oil contaminated interval were analyzed for cAM 17 heavy metals (SW 6010 or SW 7000)° The two foot soil samples were analyzed for only total lead. Analysis for soluble lead was SMITI1- GUTCHER AND ASSOCIATES, INC. MELVIN DAVIS PROPERTIES SAMPLE CR I O PATTERN RANDOM SELECTION OF SAMPLE LOCATIONS MELVIN DAVIS PROPERTIES, BRUNDAGE LANE SAMPLE LOCATION GRID SQUARE 1 34 2 42 3 50 4 26 5 9 6 8 7 31 8 24 9 53 10 11 Table 1 MELVIN DAVIS pROPERTIES SAMPLE GR I D PATTERN Mr. Terry Gray County of Kern March 10, 1994 Page 3 performed when needed. The background soil sample was analyzed for total lead and CAM 17 heavy metals. The soil samples were analyzed by BC Laboratories in Bakersfield. Appendix A contains the results of the chemical analyses. The quality assurance and quality control of the laboratory are available from BC Laboratories upon request. The soil samples were collected using a hand driven core sampler. The sampler holds a two inch diameter by two inch long brass liner. The core sampler was driven through the proper interval after the hole was drilled to the sample depth with the hand auger. The brass liner was removed from the sampler and the end covered with Teflon seals and polyethylene caps. The liner was then placed.in a polyethylene sample bag and the bag sealed and labeled. Each bagged liner was retained in a chilled state for analyses at the laboratory. Sample No. 1 collected from grid 34 was analyzed for total lead. The sample contained a lead concentration of 3.0 mg/kg. Sample No. 2 collected from grid 42 was analyzed for CAM 17 heavy metals. The sample contained a lead concentration of 41 mg/kg. The other metal concentrations were none detected or below or only slightly above the STLC values. Sample No. 3 collected from grid 50 was analyzed for CAM 17 heavy metals and soluble lead. The sample contained a total lead concentration of 190 mg/kg and a soluble lead concentration of 7.7 mg/1. Sample No. 4 collected from grid 26 was analyzed for total lead. The sample contained a lead concentration of 16 mg/kg. Samples No. 5 collected from grid 9 was analyzed for total lead. The sample contained a lead concentration of 7.8 mg/kg. Sample No. 6 collected from grid $ SMITIt- GUTCHER AND ASSOCIATES, INC.