HomeMy WebLinkAboutHAZMAT CORR. NOTICES 10/7/1991 KERN COUNTY ENVIRONMENTAL HEALTH DEPARTMENT
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LAW OFFICES
............ ROPERS, MAJESKI KOHN BENTLEY,
FRANCISCO. C~[.IFORNIA 94105 80 NORTH FIRST STREET ;ACS;~L= (415) 3~?-0997
SAN ~OSE, CALIFORNIA ~5113 ~N r.ANC~SCOOrr~C~
TELEPHONE {408}
FACSIMILE (408) ~97-6819 TELEPHONE (4IS) 543-4e00
Susan Gonzales
Administrative Assistant
Custodian of Records
Environmental Health Service Department
County of Kern
2700 "M" Street, Suite 300
Bakersfield, California 93301
Subject: Waste Oil Contamination at 411 East Brundage Lane,
Bakersfield, California
Dear Ms. Gonzales:
We are in receipt of your June 1, 1994 response to our
Freedom of Information Act request. Please provide our office
with copies of the records for the 411 East Brundage Lane site.
Enclosed is our check in the amount of $2.29 to cover your costs.
Thank you for your courtesy and cooperation.
Very truly yours,
ROPERS, MAJESKI, KOHN,
BENTLEY, /WAGNER & KANE
/ I .
~': ? ..;-,t i
Annamarie Ob~
,Legal Assistant to
ALAN L. MARTINI
Enclosure
SJ1\116482. I\AO
R'E C E I P'T 'PAGE I
12:27 am KERN CO RESOURCE ~4ANAGE~IENT AGENCY
· 8akersfqe.id CA 9¢.01 Type of Order W
C}< 014170 CMA 08/no ,n. / NT
Order To~a] 2 '~
STEVE McCALLE~. R.E.H.S. ~ 2700 "M" Street, Suite 300
DIRECTOR V! Bakerafield, 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.
Sin~..~rely,
/ Susan Gonzales '¥ .~ ~ .
'-. Administrative A'~sistant
Custodian of Records
I_AW OFFICE~
ROPERS, MAJESKI, KOHN, BENTLEY,
WAGNER & KANE
SAN UOS[ CALIFORNIA 95113
TELEPHONE (408) 287-6262 FACSIMILE (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 pDrson 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
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
EnvironmentaLHeaJth Services Department
RANDALL L. ABBOTT STEVE ~cCALLEY. REHS, DIrECTOr
DIRECTOR , Air Pollution Control District
DAVID PRICE !11 WmUA~ J. RODDY, APCO
ASSISTANT DIRECTOR Planning & Development Services Departmen~
TED JAMES, AICP, DIRECTOR
ENVIRONMENTAL HEALTH SERVICES DEPARTMENT
January 28, '1992
Leonard Ray
L & C Automotive
411 E. Brundage Lane
Bakersfield, CA 93307
Dear Mr. Ray.'
It has come to the attention of this Department that an inspection has been conducted at
the facility located at 411 E. Brnndage 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,
Terry Gray
Hazardous Materials Inspector I
Hazardous Materials Management Program
TG:cas
~ncurred.cos '
2700 "M" STREET, SUITE 300 BAKERSFIELD, CALIFORNIA 93301 (805) 861-3636
URCE MANAGEMENI:
Environmental Health Sewices Department
RANDALL L. ABBOTT STEVE McCA! ! ~:Y, REHS, DIRECTOR
DIRECTOR Air Pollution Control District
DAVID PRICE !II W~LUAM J. RODDY, APCO
ASSISTANT DIRECTOR Planning & Development Sewices Department
TED JAMES, AICP, DIRECTOR
ENVIRONMENTAL HEALTH SERVICES DEPARTMENT
December 16, 1991
Mr. Leonard Ray
L & C Automotive
411 E. Brundage Lane
Bakersfield, CA 93307
SUBJECT: WASTE OIL 'STORAGE
Dear Mr. Ray:
An inspection was conducted at L & C Automotive on October 12, 1991. During that
inspection it was noted that there were several 55-gallon drums on site that contained waste'
oil. The drums were located at the rear of the shop building, adjacent to the east fence.
There were waste oil filters, improperly stored in the same area. It was also observed during
the inspection that an employee was scraping oil and grease from the rear cement work pad
on the east side and disposing of the waste to the ground.
Violations of the following hazardous waste statutes and regulations were noted at the
time of inspection.
(1) Health and Safety Code, S~ction 25143.9(a). Failure to label the waste oil
container as containing an excluded recyclable material.
(2) California Code of Regulations, Title 22 Section 66262.34 (f)(1). Failure to
clearly mark on each container of excluded recyclable material the date upon
which each period of accumulation began.
(3) California Code of Regulations, Title 22, Section 66262.34 (0(2). -Failure to
clearly mark on each container of excluded recyclable material the date upon
which the 90 day accumulation began.
(4) California Code of Regulations, Title 22, Section 66262.34 (f)(3). Failure' to
label the containers of excluded recyclable material with the .following
information:
Mr. Leonard Ray
December 16, 1991
Page 2
(A) Composition and physical state of the wastes or-recyclable material.
(B) Statement or statements which call attention t° the' particular
properties of the waste'or recyclable material.
(C) Name and address of the person producing the waste or recyclable
material.
(5) California Code of Regulations, Title 22, Section 66266.130 (c)(3). Failure to
contain used oil filters in a rainproof container capable of containing any used
oil that may separate from the filters placed inside. Failure to label the
container as drained used oil filters and to show the initial date of accumulation
of the filter in the container.
(6) California Health and Safety Code, Chapter 6.5, Division 20, Section 25250.5,
discharge of waste oils to the soil.
The above violations must be corrected within fourteen (14) days of receipt of this
letter. A reinspection will be conducted on or after the date to determine compliance.
Please submit copies of uniform hazardous waste manifests or receipts evidencing proper
disposal of waste oils for the past ~twelve (12) months.
You, as the operator of L & C Automotive, are responsible for the proper storage and
disposal of any hazardous wastes which you generate and you may be responsible for any
abatement that may be required.
Enclosed is a handout that explains some requirements for generators of automotive
hazardous wastes.
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:ch
Certified Number P.767 335 954
cc: Department of Tox/c Substances Control' Program
Roberto Martinez
Enclosure
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KERN cOUNTY ENVIRONMENTAL HEALTH '~ERvICEs DEPARTMENT
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