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Home My WebLink AboutHAZARDOUS WASTE"'A dl'Vl$/On Of SIERRA INTERNATIONAL MACHINERY INC. 1620 E. Brundage Lane (661) 327-7073 P.O. Box 1340 Fax (661) 322-8759 Bakersfield, CA 93302 USA (800) 343-8503 State License#770603 www.sierraintl.com DIRT REMOVAL PROJECT SIERRA IRON & METAL Task Name Sep '00 Oct '00 Nov '00 Dec '00 Jan '01 Feb '01 Mar '01 Apr '01 ' May '01 ~ I Jun '01 Jul '01 Aug '0 ID O Duration 27 3 I 10 17 24 I 3 ! Remove concrete ~ 32 days 13 t Rem~ ~ncrete 32 d~ 1 4 The diR removal proje~ is to be completed over a ~o year period. ~1 dates and tasks =e ~bje~ to change pending te~ re~l~, finances and ~e availabili~ of re~rces. Ch~ges ~11 be made ~ ~e approv~ of ~e Kem Coun~ Fire Dept. DIRT REMOVAL PROJECT " SIERRA IRON & METAL I Sep '01 Oct '01 { Nov '0'1 Dec '01" Jan '02 I Feb '02 I Mar '02 Apr '02 May '02 Jun '02 I Jul '02 Aug' '02 ' Sep '02 Oct '02 !12119.,J2612r~l~'st23 30 71141211281411111812512 9116123t30' 6113{20i27[3i10117[24{3{10117{24 31 71141211,2815 ~2119t2612 gl16J23)3ol?l~4]2112S14:!l~l118125 1 SllS122 29 6 13120 Project: pile removal2 spilt may change pending test results ~ .~ External Milestone The dirt removal projec~ is to be completed over a two year period. All dates and tasks are subject to change pending test results, finances and ~he availability of resources. Changes will be made with the approval of the Kern County Fire Dept. : ~~, ~ ~.~ h RECORD OF TELEPHONE CONVER8ATION Time Required to Complete Activity # MIn: , CITY OF BAKERSFIELD ~ OFFICE OF ENVIRONMENTAL SERVICES 1715 Chester Avenue, Suite 300 Bakersfield, CA 93301 (661) 326-3979 ItXZARDOUS WASTE GENERATOR INSPECTION REPORT Facility: Sierra Iron & Metal Company Location: 1620 East Brundage Lane Insp. Date: June 29, 2000 Report. Date: '_is \July 7, 2000 Prepared By: ~ard H. Wines, III Hazardous Materials Specialist Reviewed By: Ralph E. Huey A~ Director of Envir6n~ental Services Agency Representatives: 1) Howard H. Wines, III - Hazardous Materials Specialist Bakersfield Fire Dept. Office of Environmental Services 2)Mark Pear, Hazardous Substances Scientist Calf EPA Dept. of Toxic Substances Control Facility Representatives: 1) Eric Porter, Operations Manager (present throughout inspection) 2)-' Alex Bertolucci, Supervisor (present throughout inspection) 3) John Sacco, Co-Owner (present during opening interview) 4) Jamie Cooks, Public Relations (present during opening interview) Facility Description: A 27 acre, asphalt paved, parcel consisting of warehouse structures and scrap iron piles located at the NE comer of East Brundage Lane and Lakeview Avenue. The west half of the property is currently leased to several other tenants occupying warehouse and office space. The nature of the business is machinery sales and distribution (dba Siena International Machinery, Inc.) with ferrous and non-ferrous metals, plastic, glass, paper, and cardboard recycling. The machinery service, scrap iron and other recycling activities occur on the east half of the property. Permit Status / Historical Data: Current Permits: 1) Unified,Program Consolidated Permit (15-021-000470) issued by Bakersfield Fire Department Office of Environmental Services. Page 1 of 3 Hazardous Waste Generator Inspection Report Sierra Iron & Metals Company June 29, 2000 2) Permit to Install and Operate an Above#round Diesel Fuel Tank (X-315) issued by Bakersfield Fire Department on April 23, 1991. 3) Storm W~ter Pollution Prevention Discharge Requirements (5F-15-S-001181) issued by the Central Valley Regional Water Quality Control Board. Previous Permits:. 1) Interim Permit to Operate Underground Substances Storage Facility (240004) issued by Kern County Environmental Health (KCEH) for the period 7/1/86 to 7/1/89. 2) Permit to Abandon Underground Tanks (Al 176-24) issued by KCEH on 6/18/90. 3) Closure of the Underground Storage Tanks (Al 176-24 / 240004) granted on 5/23/91. Waste Activity: Waste Stream #1 (Used Oil) is generated during the servicing of equipment on site. A 1000 gallon (approx.) aboveground tank is located near the center of the site for used oil storage. The used oil is recycled by Cole's Oil & Filter Recycling Service. Waste Stream #2 (Used Lead-Acid Batteries) is generated from customers bringing batteries in to be recycled. The batteries are placed on a pallet in the receiving area and recycled by T & L Battery. Waste Stream #3 {Containers) is generated from empty metal dram containers brought in by customers for scrap metal recycling. Approx. twelve 55 gallon capacity containers were observed in the vicinity of the used oil storage tank. The original contents of the empty containers was reported to be food product concentrates which was consistent with the manufacmre's labels on the containers. At least one of these open-top drams, however, was not empty, but was partly filled with what appeared to be used oil. An empty 8,000 gallon capacity steel underground storage tank (UST) was also present in the vicinity of the steel scrap pile. A certificate of decontamination (A2499-49) issued by Kern County Environmental Health Services Department was provided with the UST upon delivery to the site. The certificate of decontamination was made available for review during the inspection and the certificate number was consistent with the number which had been spray-painted on the end of the UST. Waste Stream #4 (Dirt & Debris Stockpile) is generated from residual soil adhering to scrap metal as it's received into the facility. The stockpile is located in the northeastern comer of the property and consists of a 30 foot high (approx.) mound of dirt with relatively small (1 to 2 foot) lengths of imbedded bits of scrap metal. The stockpile is sieve screened and magnetically separated to recover the residual metals from the dirt. The residual dirt has reportedly, been hauled off-site in the past and used as fill dirt. The current stockpile reportedly represents three years of accumulation on site. No prior waste analysis was available for the residual dirt. Page 2 of 3 Hazardous Waste Generator Inspection Report Sierra Iron & Metals Company June 29, 2000 Narrative of Inspection / Violations: An openi~ng interview was conducted in PORTER's office. WINES recapitulated the results of thc prior inspection conducted on May 12, 1998 and informed the facility that the present inspection would involve hazardous waste generator requirements and that photographs and or samples may be taken for enforcement purposes. Verbal consent to proceed with the inspection was asked for by WINES and granted by PORTER. Contingency plan, training records, and recycling receipts over a three year period were examined in thc office. A walk through of the facility followed. Corrections to the hazardous materials inventory were made during the inspection for motor oil, hydraulic fluid, and used lead-acid battery amounts (attached). Unified Program Inspection Checklists were completed for the Business Plan and Inventory Program, Aboveground Storage Tanks Program, and Hazardous Waste Generator Program (attached). A Correction Notice (No. 978) was issued for various electrical violations of the Uniform Fire Code, hazardous waste container management violations (Class II) of Title 22 of the California Code of Regulations, and Aboveground Petroleum Storage Act (APSA) compliance (attached). A copy of the section of Title 22 regulations pertaining to the management of spent lead-acid batteries was also provided to PORTER at the conclusion of the inspection. Follow-up Required: At the exit interview, WINES expressed additional concern to PORTER over the accumulation of the dirt and debris stockpile on site. WINES also informed PORTER of the availability of the Statewide Contingency Plan concept for consolidating multi-program requirements in a single document or "One Plan" format to accommodate the Spill Prevention Control and Countermeasure (SPCC) plan requirement under APSA. WINES agreed to provide PORTER with information on the One Plan to be included in the.inspection report (attached). A SPCC referral form was forwarded to the Central Valley Regional Water Quality Control Board and copied to the State Water Resources Control Board regarding the facility's lack of a SPCC and storage statement requirement under APSA (attached). A Notice to Comply with hazardous ~vaste determination requirements concerning the dirt and debris stockpile was mailed to John SACCO on June.30, 2000, under separate cover (copy attached). Hazardous waste analysis of the stockpile is required to be completed prior to August 25, 2000. Nothing further at this time. cc: M. Pear,, DTSC attachments S:xJULY 2000Hnspection Report-Sierra Iron.wpd Page 3 of 3 ~ CITY OF BAKERSFIEI~ OFIq'CE OF ENVIRONMENTAL SERVICES . t~,n~.~rl~r, r 1715 Chester Ave., CA 93301 (661) 326-3979 '--~~' H~RDOUS MATERIALS INVENTORY CHEMICAL DESCRIPTION ~ NEW ~ AOO ~ OELETE ~EVISE ~ Page -- CHERYL ~ ~0 ~PE ~p~ 0 m ~ OwW~ 211 ~ ~~ OY~ O~ 212 ~ ~RIES FED ~ ~S . ~Y~ u~s' ~ ~ ~ d ~ ~ ~ ~ ~ ~ m TO~ ~ ~YS ON (~ ~ ~at ~ d ~ ~UU ~ h S[O ~ I ~LI~ ~ p T~K WA~N I PRINT ~ & T~ OF A~R~D ~A~ ~ESE~ATNE I1(~' UPCF (7199) $:\CU PAFORMS~OES273 I.TV4.wpd ~ CITY OF BAK~RSFIE~ O~CE OF ENVIRONMENTAL ~RVICES 1715 Chester Ave., CA 93301 (661) 326-3979 '*"*' ~*""*- HAZARDOUS MATERIALS INVENTORY CHEMICAL DESCRIPTION 'one fom~ ~ NEW ~ AOO O OELETE ~EVI~E ~ , ~, ¥~',~. ~ -* ~ ~, · ~ ~:,. ~ ...... '* *' ": '- ,',- :t' ~' *.~,*~ ' ~ ~-'~,.'~ '~ ~: ' '~ ' ' "~...;.- BUSINESS ~ (~e ~ ~ACIL~ ~ ~ ~. ~ ~ ~) CO~N ~ I FiRE ~OE ~ ~E~ (~~ W~ ~~ 'PE .~ ~ ~ m ~ ~ w W~ 21, FED ~D ~S ~U~ ~Y ~ ~Y STOOGE ~NNER ~a ~U~ T~ O · ~~C ~UM ( ~eck a~ ~at ~b U~R~UNDT~ ~f ~ ~j ~G ~n ~C BO~ ~r O~ER STO~GEP~ ~ ~IE~ ~ ~ ~1~ ~ ~ BELOW~I~ sTo~~~ ~l~ ~ ~ ~~ 242 243 UPCF (7/99) S:~CUPAFORMS~OES2731.'I'V4.wlXl :~ ~ CiTY OF BAKERSFIE[i Olnll~CE OF ENVIRONMENTAL '~RVICES 1715 Chester Ave., CA 93301 (661) 326-3979 ~' ~ ~" ~ H~RDOUS MATERIALS INVENTORY CHEMICAL DESCRIPTION NEW ~ AOO ~ OELETE ~REVISE ~ CHEMI~L L~TION CONFIOE~ (E~) CO~N ~ J EHS* ~0 { CURIES ~3 (~k a~ ~at a~) 242 243 UPCF (7/99) S:~CUPAFORMS&OES2731.'I%/4.wl)d CITY OF BAKERSFIELD FIRE DEPARTMENT OFFICE OF ENVIRONMENTAL SERVICES UNIFIED PROGRAM INSPECTION CHECKLIST 1715 Chester Ave., 3rd Floor, Bakersfield, CA 93301 FACILITY NAME ~ ~a. tzJk 10...0~ INSPECTION DATE ~ ADDRESS ~6 20- ~', ~/~tt~;~- PHONE NO. · FACILITY CONTACT ~-¢z. tC..loo~,C--0~ 'BUSINESS ID NO.. 15-210- INSPECTION TIME NUMBER OF EMPLOYEES Section 1: Business Plan and Inventory Program [21 Routine [~1 Combined [~1 Joint Agency J~J. Multi-Agency 1~1 Complaint I~l Re-inspection OPERATION C V COMMENTS Appropriate permit on hand Business plan Contact information accurate V Visible address Correct occupancy Verification of inventory materials Verification of quantities ~/ ~"-4fft~-O 0~1 { ~f~- Verification of location Proper segregation of material Verification of M6DS availability Verification of Haz Mat training ~dtOstc 1~7.~... Verification of abatement supplies and procedures Emergency procedures adequate Containers properly labeled Housekeeping Fire Protection Site Diagram Adequate & On Hand C--Compliance V--Violation Any hazardous waste on site?: l~[Yes Questions regarding this inspection? Please call us at (661) 326-3979 Party White. Env. Svcs. Yellow- Station Copy Pink- Business Copy Inspector: ~A_ cITY OF BAKERSFIELD FIRE DEPARTMENT OFFICE OF ENVIRONMENTAL SERVICES UNIFIED PROGRAM INSPECTION CHECKLIST 171 $ Chester Ave., 3rd Floor, Bakersfield, CA 93301 /,., FACILITY NAME I INSPECTION DATE Section 2: Underground Storage Tanks Program I~1 Routine I~ Combined [21 Joint Agency ~LMulti-Agency [21 Complaint ~ Re-inspection Type of Tank Number of Tanks Type of Monitoring ' Type of Piping c , Proper tank data on file Proper owner/operator data on tile .~//-- ~~/C~ ~:~rc~r Permit t~es current j,,.,,..~'~_, Certification &Financial Responsibility, , Monitoring record adequate and curr?.~'~ Maintenance records adequ~~current Failure to correcj, la~UST violations Has,threSh__ an unauthorized release? Yes No Section 3: Aboveground Storage Tanks Program TANK SIZE(S). ~ '2.~ AGGREGATE CAPACITY.' 37 O Type of Tankl~_L_.~''°'°°x v,r,~ x ~.o Number of Tanks OPERATION Y N COMMENTS SPCC available ~' SPCC on file with OES i,,/ Adequate secondary protection Proper tank placarding/labeling Is tank used to dispense MVF? If yes, Does tan~: have overfill/overspill protection.'? C--Compliance V--Violation Y--Yes N--NO Inspector: Office of Environmental Services (80;5) 326-3979 Business Si ible Pa~ Whi~e - Fnv. Svcs. Pink - Business Copy CITY OF BAKERSFIELD FIRE DEPARTMENT OFFICE OF ENVIRONMENTAL SERVICES UNIFIED PROGRAM INSPECTION CHECKLIST 1715 Chester Ave., 3rd Floor, Bakersfield, CA 93301 FACILITY NAME .5..ffOtg& te..~W INSPECTION DATE ~/zs/~ Section 4: Hazardous Waste Generator Program EPA ID # e__.A & OaO f65~ 4S"5' {~ Routine [~l Combined ~ Joint Agency ~Multi-Agency ~ Complaint ~ Re-inspection. OPERATION C V COMMENTS Hazardous waste determination has been made v"'" EPA ID Number (Phone: 916-324-1781 to obtain EPA ID #) Authorized for waste treatment and'or storage 10 ~-- Reported release, fire. or explosion within 15 days ot'occurance Established or maintains a contingency plan and training Hazardous waste accumulation time frames Containers in good condition and not leaking v"' Containers are compatible with the hazardous waste I,"' Containers are kept closed when not in use }'"' ~tO Weekly inspection of storage area Ignitable/reactive waste located at least 50 feet from property line ~/ //&. Secondary containment provided Conducts daily inspection of tanks ~" Used oil not contaminated with other hazardous waste Proper management of lead acid batteries including labels Proper management of used oil filters Transports hazardous waste with completed manifest Sends manitbst copies to DTSC Ad Retains manifests tbr 3 years Retains hazardous waste analysis tbr 3 years ~,,,' [' Retains copies of used oil' receipts for 3 years Determines i£ waste is restricted from land disposal C=Compliance V=Violation . Inspector: ~ I/X/1~ Office of Environmental Services (805) 326-3979 Bu onsible Party White - Env. Svcs. Pink - Ilu'dness Copy CtbRRECTION OTICE BAKERSFIELD FIRE DEPARTMENT N° 978 = Sub Div. . Blk. . Lot. "-,'.'.. ~..,.".'~'~.,~-...:.. ..... -..:... ~' ..... You ate hereby required to make the following corrections · ~: ,:'. ~~~.:.~: ¥,~..,......,~.~:,.~..,¥. at the above location: .. ~'~:;-~..,,~.,';..., , ~ ~."-.:,'~...~_~ -. . .~ ~ ' .'~ ~"' C~r. #o ....... [ ~O.,:'"'"q.' ~ Completion ~ate for Co~eetlom~ ~ ~te~~ ~ ,: ~ lnsp~tor , ........ ;~ ;,,..,;~..,CEI~i~FIED UNIFIED PROGRAM · %'- '." "~'.~-~" ~?~'"~'¢' '¢ ............. ~. ~' · '~ "~¢ : Mail a copy of the completed rorm to, CUPA Inspector: California Regional Water Quali~ Consol Board Address: ~ ~~o , CA 9~7Z6 Date: ~ / 2~ / ~ The following facility is storing "petroleum" in a single storage tank greater than 660 gallons or in multiple storage tanks with a cumulative storage capacity greater than 1,320 gallons. "Petroleum" means etude off, or any fraction thereof, which is liquid at 60 degrees Fahrenheit temperature and 14.7 pounds per square inch absolute pressure. This includes petroleum based substances comprised of a complex blend of hydrocarbom, such as gasoline, diesel, ]et fuels, residual fuel oils, lubricants, some petroleum solvents, and used oils. An example of a substance that is not "petroleum' is liquid propane gas (LPG). Note: The backside of this form identifies storage tanks and facilities exempt from the state · 4boveground Petroleum Storage ~lct SPCC requirement. Facility Name: ~ ~ I ~ ~ ~nE'-"C~c.. Facility Address: /6 20 ~' . ~t~ontt3~ Contact: ~t~,c. po~'r~a. Phone:( ~o(o( ) ~2.-? - 707~ .. :..:..'. . ; -,. · :" ..' .'~.:.:' ' · :"..".i','i: %~':!i;~i?.? '":./"i · ':'. '";'; :::~ ~::" ".,'":':~':':":"~"':"::':b'~:'::';:::2'~'~' Ii..i-~l.!:.A~;'ebmp!ete..c~p~o¢ the :fadilty si SI, C6:pla~!'C~rti~ed.: · .. :-...'::: ';' ...:: :"' '... ,' :.... :.Tltefac~ isnOi:.!n,compllange;wlth't!&SqSe~lO~'"2527fq;-$(c);::';:,!i,i::i?,::.: ,'' ".':/. ,,~ :, '... · :. ,"". :,' ",: .' ~,,: . : · '= :,,..." .... ':~i"'",?::":,'::':':: ::':'. '' ::,-. ': :;/','' :"' ,' ,":'.: "'": ; ' :. ' ",. :'.'~' '" '¢,". '. · '"."' .' · ' ..... , '". "'' .. ' '::"" ..:.. ". :"" · ":' '.:' '" · ::'"'L.-';'.: '- ' ,' ]:, Ig~l!:;;;~:~ o~er or operator was unaware of,~he Aboveground Petroleum.StorageAct. '..~!::~ !!:i.st~te Water'R~6urces !Contro[ ;Board, Aboveground Tank.Pr0gram, brochure waS ], ,',: '-,, :,:' :,...the owner or;operator. ::'~- cc: Carol Julian State Water Resources Control Board Division of Clean Water Programs P.O. Box 944212 Sacramento, CA 94244-2120 SWRCB, CWP Form AGT-i (06/28/99) ABOVEGROUND PETROLEUM STORAGE TANK PROGRAM STORAGE TANKS AND FACILITIES EXEMPT FROM THE STATE SPCC REQUIREMENT The Aboveground Petroleum Storage Act (^PSA), Health and Safety Code (H&SC), Section 25271J.2(k), defines "storage tank" as any aboveground tank or container used for the storage of petroleum. "Storage tank" does not include any of the following: [-'~. ( 1)'X pressure vessel or boiler which is subject to Part 6 of Division 5 of the Labor Code. (2) A storage tank containing hazardous waste, as defined in subdivision (g) of Section 25316, if the person owning or operating the storage tank has been issued a hazardous waste facilities permit for the storage tank by the Department of Toxic Substances Control. (3) An aboveground oil production tank which is subject to Section 3106 of the Public Resources Code (Division of Oil and (]as). .(4) Oil-filled electrical equipment, including, but not limited to, transformers, circuit breakers, or capacitors, if the oil-filled electrical equipment meets either of the following'- · conditions: (A) The equipment contains less than 10,000 gallons of dielectric fluid, or '. (B) The equipment contains I0,000 gallons or more of dielectric fluid with PCB levels less than 50 ppm. The appropriate containment or diversionary siructures or equipment .. are employed to prevent discharged oil from reaching a navigable water course, and the electrical equipment is visually inspected in accordance with the usual routine maintenance , procedures of the owner or operator. . :. ~: lf you checked any one of the four boxes above, then the facility is not subject to C the state APSA registration, fee or SPCC plan requirements. Additionally, H&SC Section 25270.5(d) ~pecifically does not require an SPCC plan for the following facilities: ~'] Farms, nurseries, and logging or construction sites, which do not have a single ~nk exceeding 20,000 gallons and which have a cumulative storage capacity no greater than ...... 100,000 gallons. However, these facilities are still required to pay a fee and register their tank(s) with the State Water Resources Control Board. ( D June 30, 2000 Mr. John Sacco Sierra Iron & Metal Company FIRE CHIEF P.O. Box 1340 RON FRAZE Bakersfield, Ca 93302 ADMINISTRATIVE SERVICE8 2101 "H' Street - Bakers.eld. CA a3201 NOTICE TO COMPLY VOICE (661) 326-3941 FAX (661) 395-1349 RE: Dirt and Debris Stockpile Located at 1620 E. Brundage Lane in Bakersfield SUPPRESSION SERVICES 2101 'H' Street Bakersfield, CA 93301 Deaz Mr. Sacco: VOICE (661) 326.3341 FAX (661) 395-1349 It has recently come to the attention of the Office of Environmental Services that a PREVENTION SERVICES California listed waste is being handled at the above referenced site. "Handle," as is 1715 ChesterAve. defined in the California Health and Safety Code, Sections 25501(1) and 25501.3, means Bakersfield, CA 93301 VOICE (661) 326-3951 to use, generate, process, produce, package, treat, store, emit, discharge, or dispose of FAX 1661) 32~-os75 this material in any fashion. ENVIRONMENTAL SERVICES 1715 ChesterAve. The waste being handled at the site has been identified as a dirt and debris by-product of Bakersfield. CA 93301 metals recycling (California Health and Safety Code 25124), and if meets certain VOICE (681) 326.3979 FAX (681)326-0576 criteria, is regulated as a "hazardous waste" in California. Section 66262.11 of Title 22 of the California Code of Regulations requires that any person handling such a waste TRAINING DIVISION shall determine if it is hazardous according to either its concentrations, characteristics, 5642 Victor Ave. Bakersfield. CA 93308 or categorical listings within the Title 22 regulations. VOICE (661) 399-4697 FAX (661) 399-5783 Therefore, prior to August 25, 2000, you shah submit to this office the results of a hazardous waste analysis performed by a State licensed laboratory on the magnetically separated and sieve screened resultant dirt stockpiles after a representative sample has been obtained by a qualified person or representative of the testing laboratory, under a valid chain-of-custody, for the purpose of determining if the material'on site is a hazardous waste. Please notify me at least two working days in advance so that I may be present to wimess and approve the waste sampling on site. If you have any questions regarding this notice, please call me at 326-3649. Sincerely, Howard H. Wines, III Hazardous Materials Specialist Office of Environmental Services .City of Bakersfield Permit Consolidation Zone Guidance for the Preparation of a Facility Compliance Plan City of Bakersfield Office of Environmental Services 1715 Chester Ave., Bakersfield, CA 93301 (805) 326-3979 Ralph E. Huey Zone Administrator September 1998 :i.i Table of Contents LIST OF CONSOLIDATED PERMIT ACTIVITIES .................. . ..........iii PREFACE .......................................................... iv ORGANIZATIONAL CONCEPTS ........................................ iv CONSOLIDATED FACILITY COMPLIANCE PLAN ELEMENTS Section I. Plan Introduction Elements: ........................... 1 I. 1 Purpose and Scope of Plan Coverage 1.2 Table of Contents 1.3 Current Revision Date 1.4 General Facility Information Section II. Core Plan Elements: .................................. 1 II. 1 Discovery 11.2 Response to Unauthorized Discharges 11.3 Continuous Improvement 11.4 Return to Compliance .and Follow-Up Actions Section III.Annexes: ........................................... 2 II1.1 Facility and Locality Information 111.2 Notification 111.3 Environmental Management System 111.4 Emissions Documentation 111.5 Training and Exercises / Drills 111.6 Facility Compliance Plan Audit and Modification 111.7 Pollution Prevention 111.8 Regulatory Compliance and Management Approval MODEL FACILITY,COMPLIANCE PLAN OUTLINE ...... · .................... 5 CITY OF BAKERSFIELD OFFICE OF ENVIRONMENTAL SERVICES CONSOLIDATED FACILITY COMPLIANCE PLAN GUIDANCE iii List of Consolidated Permit Activities ::;: ;'!; :.::,: Is.your Facility ComPliance:.Plan:SubleCt to review byL;;:; :.!ii!?;]'~:~ :': -:"!':for satisfyin,q the conditions of these' DEPARTMENT OF TOXIC SUBSTANCES CONTROL OYES ONO ~' STANDARDIZED PERMIT · All Modifications OYES ONO ~' Non-RCRA HAZARDOUS WASTE FACILITY OYES ONO ~' RCRA HAZARDOUS WASTE FACILITY SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION OYES ONO i/ AUTHORITY TO CONSTRUCT CONTROL DISTRICT OYES ONO ~' PERMIT TO OPERATE STATE WATER RESOURCES CONTROL BOARD OYES ONO ~' WASTE DISCHARGE REQUIREMENT CENTRAL VALLEY REGIONAL WATER QUALITY OYES ONO ~' GENERAL PERMITS CONTROL BOARD OYES ONO ~' SPECIFIC PERMITS OYES ONO ~' NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) CALIFORNIA INTEGRATED WASTE OYES ONO ~' REGISTRATION PERMIT MANAGEMENT BOARD KERN COUNTY RESOURCE MANAGEMENT ENVIRONMENTAL HEALTH SERVICES AGENCY OYES ONO ~' Domestic Water Well Permit OYES ONO ~' Haz Mat Monitoring Well Permit OYES ONO ~/ Septic System Permit OYES ONO ~/ Public Swimming Pool Permit OYES ONO ~' Food Facility Construction Permit OYES ONO ,/ Solid Waste Local Enforcement Agency (LEA) Related Permits OYES ONO ~' Medical Waste Related Permits CITY OF BAKERSFIELD ENVIRONMENTAL OYES ONO ~ UNIFIED HAZARDOUS SERVICES MATERIALS / HAZARDOUS WASTE PERMIT CITY OF BAKERSFIELD WASTE WATER DIVISION OYES ONO ~' INDUSTRIAL WASTE WATER DISCHARGE PERMIT CITY OF BAKERSFIELD OFFICE OF ENVIRONMENTAL SERVICES CONSOLIDATED FACILITY COMPLIANCE PLAN GUIDANCE PREFACE development and maintenance. Purpose Core Plan The Consolidated Facility Compliance Plan Guidance is a format that allows facilities subject to two or more The core plan is intended to reflect the essential steps environmental permit planning or condition necessary to initiate, conduct, and terminate an requirements to meet those requirements in a single environmental permit activity: emissions monitoring, document, notification, and response, including assessment, corrective actions, and implementation. The response Alternate Compliance Plan Formats action section should be convenient to use and understandable at the appropriate skill level. A good The Office of Environmental Services realizes that rule of thumb is that the core plan constitutes an alternate formats for integrating multiple plans already overview of the facility's environmental management exist and that others likely will be developed. Certain capabilities, while the annexes contain the detailed facilities may find those formats more desirable than the procedures and regulatory conditions with which the one offered in this guidance. In any case, whatever facility must comply. format a facility chooses, it must demonstrate full compliance with all applicable permit conditions. Annexes Consolidated Facility Compliance Plan Philosophy The annexes are designed to provide key supporting information for conducting environmental permit The Facility Compliance Plan represents a new activities under the core plan as well as 'document regulatory approach and should be seen as a new compliancewithregulatoryrequirementsnotaddressed concept separate and distinct from existing elsewhere in the plan. Annexes are not meant to environmental permits. The guidance is designed to duplicate information that is already contained in the yield a highly functional document for use in varied core plan, but to augment core plan information. The permitting situations while providing a mechanism for annexes should also address issues related to complying with multiple agency requirements. Use of dischargemonitodng reports, environmentalobjectives a single Facility Compliance Plan should also improve and targets for pollutant loads and limitations, written coordination between facility personnel and local, state, follow-up reports, training and quality assurance, plan and regional permitting authorities, critique and modification process, available control technologies and performance standards, and ORGANIZATIONAL CONCEPTS regulatory compliance, as appropriate. The format provided in this guidance.is organized into three main sections: an introductory section, a core Linkages to Other Planning Documents plan, and a sedes of supporting annexes. It is important to note that the elements contained in these In all cases, referenced materials must be readily sections are not new concepts, but accepted available to anticipated plan users. Copies of environmental permitting conditions that are currently documents that have been incorporated by reference addressed in various forms in existing agency rules and need not be submitted unless it is required by the regulations. The goal of this document is not to create Permitting Authority. The appropriate sections of new planning requirements, but to provide a referenced documents should be provided when the mechanism to consolidate existing environmental plan is submitted for review and/or approval. Discretion permit conditions into a single functional plan structure, should be used when submitting documents containing proprietary data. It is, however, necessary to identify in Introduction the Facility Compliance Plan the specific section of the document being incorporated by reference, where the The introduction section of the plan format is designed document is kept, and how it will be addressed if to provide facility personnel, interested parties, and needed by the facility or requested by the reviewing regulatory officials with basic information about the plan agency. and the entity it covers. It calls for a statement of purpose and scope, a table of contents, information on the current revisiOn date of the plan, general facility information, and the key contact(s) for plan CITY OF BAKERSFIELD OFFICE OF ENVIRONMENTAL SERVICES CONSOLIDATED FACILITY COMPLIANCE PLAN GUIDANCE Consolidated Facility Compliance Plan Elements Section I 11.2. Response to Unauthorized Discharges Plan Introduction Elements: a. Procedures for internal and external 1.1. Purpose and Scope of Plan Coverage notifications (i.e., contact, organization name, and phone number of facility This section should provide a brief overview of facility environmental compliance coordinator, operations and describe in general the physical area, facility personnel, regional, state, and local and nature of activities or events to which the plan is officials) applicable. This section should also include a list of which regulation(s) or environmental permits and b. Establishment of an environmental permitting agencies are being addressed in the plan. management system including duties of environmental compliance personnel and 1.2. Table of Contents the commitment of top management This section should cleady identify the structure of the c. Information and preliminary assessment of plan and include a list of annexes. This will facilitate the effluent loads, including estimates of review of the plan by the various permitting authorities, pollutant emission levels, equipment Involved, total throughputs, resources 1.3. Current Revision Date threatened, and bypass or Isolation of systems contributing to any emissions that This section should indicate the date that the plan was may exceed permissive limits last revised to provide the plan users with information on the currency of the plan. More detailed information d. Response resources and corrective on plan update history (i.e., a record of amendments) actions, including Implementation of back- may be maintained in Annex 111.6 (Facility Compliance up or auxiliary treatment systems or Plan Audit and Modification Process). cessation of operations. 1.4. General Facility Information This section should provide for implementation of the environmental management system effectively This section should contain a brief profile of the facility controlling all emissions and discharges. Appropriate and its key personnel to facilitate rapid identification of regional, state, and 'local notification requirements key administrative information. The Califomia should be reflected in this section of the plan. Environmental Protection Agency (Cai/EPA) Unified Program Consolidated Forms administered by Certified This part of the plan should then provide information on Unified Program Agencies (CUPA's), may satisfy facility emissions assessment, establishment of environmental and permit application information for most businesses, objectives and target levels, implementation of engineering or administrative controls, and mobilization Section II of resources or corrective actions. Core Plan Elements: Mitigating actions must be tailored to the type of IL1. Discovery emission levels being exceeded. The plan holder is encouraged to develop checklists, flowcharts, and brief This section should address the flow measurement or descriptions of actions to be taken to control different emissions monitoring equipment at the facility and the types of unauthorized discharges. initial action the person(s) discovering an unauthorized discharge will take to assess the problem at hand and 11.3. Continuous Improvement access the response system. Monitoring, inspection, effluent limitations, sampling assessment, source Integral to an effective environmental management control (as appropdate), and initial notificationofproper system is the concept that compliance with permit agency personnel should be addressed in a manner conditions is only a starting point. This section should that can be easily understood by everybody in the identifystandardsofenvironmental performance which facility. , demonstrate improvements beyond all requirements. CITY OF BAKERSFIELD OFFICE OF ENVIRONMENTAL SERVICES CONSOLIDATED FACILITY COMPLIANCE PLAN GUIDANCE 11.4. Return to Compliance and Follow-Up Actions contain specific information necessary to guide or support the actions of each environmental management This section should briefly address the development of system function (i.e., management, operations, a mechanism to ensure that the person in charge of the planning, logistics, and finance) throughout the facility. facility can, in coordination with regional, state, or local permitting authodtiqs, retum the facility to compliance, a. General In the case of unauthorized releases, certain regulations may become effective once the In this section of Annex 111.3, planners should briefly nonconformance is retumed to compliance, lnaddition, address either 1) basic areas where their follow-up actions associated with a retum to compliance environmental management system is at variance with (e.g., incident investigation, response critique, plan the International Standard (ISO 14001)or2)howthe review, follow-up reports) should also be outlined in this facility's organization complies with ISO 14001. section. Regardless of the environmental management system used, this section of the annex should include the Section III following information: Annexes · Environmental policy II1.1. Facility and Locality Information · Regulatory compliance a. Facility maps b. Management Level Commitment b. Facility drawings c. Facility description/layout, Including This section of Annex 111.3.b should describe the Identification of facility hazards and commitment from the facility's top management to vulnerable resources and populations on continuously improve the environmental aspects and and offthe facility which may be Impacted impacts of its permit activities, products, or services. by the discharge of pollutants As the facility's environmental management system 'matures, further environmental considerations can be This annex should provide detailed information to integrated into all 5usiness decisions.. permitting authorities on the layout of the facility and the surrounding environment. The use of maps and c. Operations drawings to allow for quick reference is preferable to detailed written descriptions. These should contain (1) Environmental objectives and targets information critical to the plan review such as the (2) Discharge or release control location of discharge sources, emergency shut-off (3) Assessment/monitoring valves, pollution control and treatment equipment, and (4) Containment nearby environmentally and economically sensitive resources and human populations. This section of Annex 111.3 should contain a detailed discussion of specific effluent limitations in place to 111.2. Notification maintain allowable emission levels and respond to a nonconformance condition or incident. There is a duty a. Internal notifications to mitigate or correct any adverse impact to the b. Local agency notifications environment. It is important to note that response c. Regional and state agency notifications operations are driven by the type of incident. That is, a response to an aqueous discharge will differ markedly This annex should detail the process of making people' from a response to exceeding air emission limitations. aware of an incident (i.e., who to call, when the call must be made, and what information/data to provide on d. Planning the incident). The facility is responsible for ensuring that notifications are carried out in a timely manner (1) Hazard assessment, including facility consistent with permitting agency requirements, hazards Identification, vulnerability analysis, pHoritization of potential Hsks 111.3. Environmental Management System This section of Annex 111.3 should present a detailed This annex should,contain a detailed description of the assessment of all pollution sources at the facility, an facility's environmental managementsystem as well as analysis of vulnerable receptors (e.g., human CITY OF BAKERSFIELD OFFICE OF ENVIRONMENTAJ,. SERVICES CONSOLIDATED FACILITY COMPLIANCE PLAN GUIDANCE populations, environmentally sensitive areas, and other (7) Cost documentation facility-specific concerns) and a discussion on which risks deserve primary consideration during plan review. This section of Annex 111.3 should address the. One approach that is required by certain regulations is acquisition of resources (i.e., personnel and equipment) to develop planning scenarios for certain types and for the response and monitoring of pollution costs. quantities of effiuen, ts (i.e., pollutant load allocations). Information on previously established contracts with Facilities may address such planning scenarios and organizationssupplyingpersonnelandequipment(e.g., associated calculations in this section of Annex 111.3.d compliance monitoring and waste disposal) also should or as part of a separate annex depending on the size be included. This section should also address methods and complexity of the facility, to account for resources expended and issues such as Financial Assurances and responsibility for third party (2) Protection liability. This section of Annex 111.3.d should present a Annex lll.4 discussion of strategies for protecting environmental Emissions Documentation resources identified through the hazard analysis. Pdmary consideration should be given to minimizing a. Post nonconformance Investigation those environmental impacts identified as a high b. Incldenthistory pdodty. Compliance with New Source Performance c. Required reporting and record keeping Standards or Best Available Control Technology should be addressed in this section. This annex should descdbe the company's procedures for conducting a follow-up investigation of the cause of (3) Coordination with natural resource the unauthorized discharge, including coordination with trustees or other Interested parties regional, state, and local officials. This annex should also contain an accounting of incidents that have This section should address coordination with occurred atthefacility, including information on cause, government natural resource trustees or other amount released, resources impacted, injuries, interested parties. In their role as managers of, and corrective actions, etc. This annex should also include experts in natural resources, trustees can assist in information that may be required to prove that the developing or participating in selecting corrective facility met its legal notification requirements with actions to protect these resources, respect to a given incident, such as a signed record of initial notifications and certified copies of written follow- (4) Waste management up reports submitted after an unauthorized discharge. This section should address procedures for the Annex II1.$ accumulation and disposal of contaminated materials in Training and Exercises / Drills accordance with all applicable regional, state, and local requirements. This annex should contain a description of the training and environmental awareness program conducted at e. Logistics the facility as well as evidence (i.e., training records) that required training for personnel whose work may This sectionofAnnex III should address thecapabilities create a significant impact on the environment have and support mechanisms necessary to maintain the been conducted on a regular basis. pollution control equipment in operating order. The facility should focus on the needs of its people, Annex 111.6 systems, strategies, resources and structure in orderto Facility Compliance Plan Audit and Modification achieve its environmental objectives and targets. Process f. Finance / procurement I administration This annex should descdbe procedures for modifying (1) Resource list the plan based on pedodic plan review or lessons (2) Personnel management learned through checking and corrective action or (3) Pollution control equipment response to an actual incident. Procedures to critique (4) Support equipment an actual or simulated nonconformance situation should (5) Contracting be part of the discussion. A list of plan amendments (6) Claims procedures (i.e., history of updates) should be contained in this CITY OF BAKERSFIELD OFFICE OF ENVIRONMENTAL SERVICES CONSOLIDATED FACILITY COMPLIANCE PLAN GUIDANCE annex. Plan modification should be viewed as a part of a facility's continuous improvement process. Annex 111.7 Pollution Prevention This annex is desi(~ned to allow facilities to include prevention-based requirements (e.g., maintenance, testing, in-house inspections, release detection, site security, containment, fail-safe engineering) that are required in environmental regulations or that have the potential to impact permit activities covered in a Facility Compliance Plan. Pollution prevention should also include the practices that avoid, reduce, or control pollution, which may include recycling, treatment process changes, efficient use of natural resources and matedal substitution. The potential benefits of pollution prevention include the reduction of adverse environmental Impacts, improved efficiency and reduced costs. Annex 111.8 Regulatory Compliance and Management Review' This annex should include information necessary for plan reviewers to determine compliance with specific regulatory or permit requirements. To the extent that (This half page intentionally left blank) plan drafters did not include regulatory required elements in the balance of the plan, they should be addressed in this annex. This annex should also include signatory pages to convey management approval and required certifications such as certification of completeness, _. certification of adequate response resources, applicability, and/or certification by a Registered Professional Engineer. CITY OF BAKERSFIELD OFFICE OF ENVIRONMENTAL SERVICES CONSOLIDATED FACILITY COMPt. IANCE Pt. AN GUIDANCE MODEL FACILITY COMPLIANCE PLAN OUTLINE SECTION I. PLAN INTRODUCTION ELEMENTS 1.1. Purpose and Scope of Plan Coverage 1.2. Table of Contents 1.3. Current Revision Date 1.4. Facility General Information Unified Program Consolidated Forms SECTION II. CORE PLAN ELEMENTS I1.1. Discovery a. Monitoring and detection devices, procedures and effluent limitations 11.2. Response to Unauthorized Discharges a. Procedures for permitting authority notifications b. Establishment of an environmental management system c. Preliminary assessment of environmental consequences d. Response resources and corrective actions 11.3. Continuous Improvement a. Increasing environmental performance of environmental objectives and targets 11.4. Return to Compliance and Follow-up Actions a. Procedures for checking effectiveness of corrective and preventive actions SECTION III. ANNEXES II1.t. Facility and Locality Information a. Facility maps b. Facility drawings c. Areas of vulnerability 111.2. Notification Information a. Internal notifications b. Local agency notifications c. State and regional agency notifications 111.3. Environmental Management System a. General (1) Environmental policy (2) Regulatory compliance b. Management Level Commitment c. Operations (1) Environmental objectives and targets (2) Emissions control (3) Assessment and monitoring (4) Containment CiTY OF BAKERSFIELD OFFICE OF ENVIRONMENTAL SER%qCE$ CONSOLIDATED FACILITY COMPLIANCE Pt. AN GUIDANCE d. Planning (1) Risk assessment A. Hazard identification B. Vulnerability analysis C. Prioritization of potential risks D. Planning scenarios (pollutant load allocation) · (2) Protection and mitigation procedure details A. Administrative and operational control technology B. New source performance standards (3) Coordination with natural resources trustees and other interested parties (4) Waste management e. Logistics (1) Equipment maintenance and support (2) Communications f. Finance / Procurement / Administration (1) Resource list (2) Personnel management (3) Pollution control equipment (4) Support equipment (5) Contracting (6) Claims procedures (7) Cost documentation 111.4. Emissions Documentation a. Post nonconformance investigation b. Incident history c. Required reporting and record keeping 111.5. Training and Exercises I Drills 111.6. Facility Compliance Plan Audit and Modification Process 111.7. Pollution Prevention 111.8. Regulatory Compllanca and Management Approval a. Certifications (1) Owner / Operator / Management's approval (2) Registered Professional Engineer's approval (3) Qualified person's completion review b. Regulatory cross-references CITY OF BAKERSFIELD OFFICE OF ENVIRONMENTAL SERVICES CONSOLIDATED FACILITY COMPt. IANCE PLAN GUIDANCE September 5, 2000 Department of Toxic Substance Control FIRE CHIEF ~ON FRAZE P.O. Box 806 Sacramento, CA 95812-0806 ADMINISTRATIVE SERVICES 2101 'H' Street Bakersfield, CA 93301 Attn: Accounting Unit VOICE (ss1) 325-~4~ FAX (661) 395-1349 Dear Sir: SUPPRESSION SERVICES 2101 'H" Street Bakers,eld. c^ 93301 Enclosed please find a check for $1,092.00 collected as part of the VOICE (661)020-3941 FAX (661)395-1349 administrative penalty from Sierra International Machinery Inc. for their violation of the California Health and Safety Code. This case is our docket PR~-VE,'nON SERVICES number 00.01.02. Copy of the Order on Consent Agreement attached for 1715 Chester Ave. Bakersfield, CA g3301 your information. VOICE (661) 320-3951 Fax (56t) 320-o~7o . The total sum collected through the administrative enforcement order is ENVIRONMENTAL SERVICES $2,500.00. Our cost of enforcement on this case is $316.00. The actual 1715 Chester Ave. Ba~,ers,.~,~, ca 9320~penalty therefore is $2,184.00. VOICE (~61) 320-3979 FAX (66t) 32~4~576 As prescribed in sub section 25187 of the California Health and Safety TRAINING5842 VlctorDIVISION^ve. Code, fifty percent of the penaltY collected ($1,092.00) is hereby submitted Bakersfield. CA 93,308to the Department of Toxic Substance Control. VOICE (861) 399-4697 · vax (ss1) 3~-575a If you have any questions please feel free to call me at 661-326-3979. Sincerely, Ralph E. Huey, Director Office of Environmental Services enclosures cc: Susan Chichester, BFD Abdul Hamid Beig, DTSC / Paid to: CITYBCUP01 CITY OF BA~SFIELD Trans. Date Invoice No Amount Paid SEP 5 O0 STMT090500 $2,500.00 Check Date Check N-° Check Amount SEP 5 O0 16952 . · · $2,500.00 sierr~ I~ternati0nal MachinerY,' Ibc. dba SIERRA IRON & METAL COMPANY SIERRA INTERNATIONAL MACHINERY, INC. U N I O N ~ A N K O F ~ A L I F O R N I A ~ dba SIERRA IRON & METAL COMPANY 2~1-A Oswell Street ~ 6 9 5 2 GENERAL ACCOUNT Bakersfield, CA 93306 P.O. BOX 1340 (661) 327-7073 16-49/1222 16952 BAKERSFIELD, CA 93302 FAX NO. (661) 322-8759 PAY DATE AMOUNT The sum of Two Thousand Five Hundred dollars, 0 cents SEP 500 $2,500.00 TO THE ORDER OF CITY OF BAKERSFIELD ~ 1501 TRUX U. ^VE.UE \ BAKERSFIELD CA 93301 \ ,: , aOOOhgh,: 80301 Paid to: ClTYBCUP01 CITY OF BAKERSFIELD Trans..Date Invoice No Amount Paid SEP 5 00 STMT090500 $2,500.00 Check Date Check N° Check Amount SEP 5 00 16952 $2,500.00 Sierra International Machinery, Inc. dba SIERRA IRON & METAL COMPANY REORDER FROM YOU,R LOCAL SAFEGUARD DISTRIBUTOR. IF UNKNOWN, CALL 800-523-2422 M99SF010654M 8/99 BALER / LOGGERS ~ 1~20 EAST BRUNDAGE LANE (93307) PORTABLE OR STATIONARY P.O. BOX 1340 BAKERSFIELD SHEAR / BALER / LOGGERS CALIFORNIA * 93302 MACPRESSE BALERS & MRF's 661-327-7073 · FAX 661-322-8759 SERVICE & PARTS USA 800-343-8503 ~J/Ralph E. Huey, R.E.A. ~ire Department Environmental Services 1715 Chester Avenue, Bakersfield, CA 93301 Dear Mr Huey September 8, 2000 Sierra International Machinery is committed to resolving the accumulated dirt located on the property. Sierra has long always been.pro-active in maintaining a clean and safe facility. The dirt accumulated at the north end of the property is to be removed over a two (2) year period. Please see the Timeline. The facilitation of the removal process is constrained by financial resources and testing results, that require time to attain results. Sierra International Machinery will provide updates periodically to the Hre Department. We are optimistic that this situation will be remediated in a timely and safe manner. Thank you for your department's cooperation on this project and if you have any further questions, please call myseff or John Sacco at 661-327-7073. Eric E. Porter Operations Manager Cc: Dave Larsen, Howard Wines I www. sierraintl.com ~'~) Printed on 100% recycled paper State of California--E~Prot~ction Agency Form Approved OMB No. 2050-0039 (E~r. pires 9-3~ See Instructions on k of page 6. Department o~ Toxic Substanc~ ~ase print or ~pe. Form designed for:u~e on el;~. 'tch) ~pewriter. Sacramento, California ~ UNIFORM HAZARDOUS ~. Generator's US EPA ID No. Manifest D~ument No. 2. Page 1 Information in the shaded areas is not required by Federal law. WASTE MANIFEST. H ~1 ~,J nl nl nl ~1 ~1 nl ~l ~l ~ ~l n I n 9 J 4 of~ 3. Generator's Name and Mailing Address .............. ' ~ ' A~ State ~anifest Document Number SiER~ ~TER~T~ ~CHINERY o I~ E. BR~DAGE B. State generator's ID ~ CA ~ ~'~~( ~,)~,~ ,I,.I-1.1-1 I I I I I I I I. ~ 5. T .... porter 1 Company ~e~' - .... 6. US EPA ID Number C. Sfate T .... poder's ID JR ..... d.] ~ O. Tr~nsporter's Phone ' ~ 7. Transporter 2 Company Name 8. US EPA ID Number E, State Trdn~poHer's ~ F. ,Transporte~'s Phohe I I I III I I I I { I ., ..... · 9' Designated Facili~ Name and Site Address 10. US EPA ID Number G. State Focili~'s ID . US ~ ~ 12 ~LES SOUTH OF B~T~ Nm Facility's Pho~e ~ ~ * ~ ~ 12. Containers '-~l~f~tal 14. Unit 11. US DOT Description (including Proper Shipping Name, Hazard Class, and ID Number) No. Type Quanti~ Wt/Vol I. Waste Number a. 'State. ~G" RQ,~DOUS WASTE SOLD, N.O.S.,~),9,~,P~ 01OlI ~1~ OOl~lll~ ~ ~A/Ol~er ' ~ E EPA/Other ~ II I IIII ~ A · ~ T c. State ~ O EPA/Other ~ ~ 15. SpecialHandlinglnstructionsandAddilionalln,ormation ~S ~¢~ -- ~*0 . ~S'~ ~0~ ~ ~ USE PPE E~GE CONTACT: ' ~R~: 11~17I Z 16. GENERATOR'S CERTIFICATION: I hereby declare that the contents of this consignment are fully and accurately described above by pro~r shipping name and are classified, packed, marked, and labeled, and are in all respects in proper condition for transportby highway according to apphcable international and nationa/government regulations. If I am a large quanti~ generator, I certi~ that I have a program in place to reduce the volume and toxici~ of waste generated to the degree I have determined to be economicall practicable and that I have seJecled the practicable method al treatment, storage, or disposal currently available to me which minimizes the present and future threat to human healt and the environment' OR if I am a small quanti~ ~enerator I have made a good faith effort to minimize my waste generation and select the best waste management method that ~ available to me and that I can a~ford. 0 - -' ' .... / '.'"' ' : ,/~: Print,d,T,ged Name ~ /' Sig'at ....... ' , . d~n5 ;~ Y, ~ T 17. T .... p~erl Acknow~dg .... t of Receipt of Materials ~/ , .~. ~//~.~..~r~ ~ ~ Prinled/~e~ Name // ~ J Signature .-'" ~/~ ~ ' nt Day Y ~ g 18. Transporter 2~c~Je~sement of Receipt o[ MateriaJs Signature J J Printed/Typed Name / Month Day Y E U 19. Discrepancy Indication Space F Z -- A C I I 20. Facili~ Owner or Operator Certification of receipt of hazardous materials covered by this ~nif~ except ask'ted in Item 19. PriCe, Typed Name , ~ '~ Signa~ ~'/~/ ~ ~ Month Day Y DO NOT WRITE BELOW THIS LINE. Yellow: TSDF SENDS THIS COPY TO GENERATOR WITHIN 30 DAYS. (Generators who submit ~azardous waste for transport out-ofistaJe, DTSC 8022A (1/99) produce completed copy of this copy and send ~o DTSC within 30 days EPA 8700 22 State of California--Environmental Protection Agency · Form App .... d OMB No. 2050-0039 (Expires 9-30-99) ~ ~1, See Instructions on bat i page 6. Department of Toxic Subst ..... Contra ~or/ype. Form des!gnarl for yse on elite (12-F~~ypewriter. Sacramento, California UNIFOR'"'rn HAZARDOUS ~. Ge .... tor's US EPA ID No. Manifest Document No. 2. Page 1 Information in the shaded areas is not required by Federal law. WASTE MANIFEST 3. Generator's Name and Mailing Address A. State Manifest Document Number ~ E, BRL~GE ~. Slate Generator's ID ~RSFiELD CA 4. G ..... tor'sPhone( ~7-Z0Z~ t I I I I I I I I I t I t 5. Transporter 1 Company Name 6. US EPA ID Number C. State Tropsporter's ID [Res~ed.] M.P. EN%qRO ENT ..ERVIOES, i~C. I q q °l °l °l q Zl q 2'.1 q 7 .... porter's Phone 7. Transporter 2 Company Name 8. US EPA ID Number E. State Trqnsporter's ID [Re~f~b~.] 9. Designated Facili~ Name and Site Address 10. US EPA ID Number G: State Facili~'S ID . ] ]. US DOT D~sCription Jincludi~g Proper Shipping Nome, Hazard Class, a~d ID Number) ] 2. Containers 13. Total 1 No. Type Quanti~ Wt/Vol I. Waste Number a. State EPA~Other N b. ~ ~ ~ ' Slate E R EpA/~her II I IIII T c. Sta~e O EPA/Q~er II I IIII d. State EPA/O~her II I IIii j i 5. Special Handling Instructions and Additional Information ~E P~ EMER~NCY 16. GENERATO~'S CERTIFICATION: ~herebydec~arethatthec~ntents~h~sc~ns~gnmentarefu~yandaccurate~ydescnb~a~vebypr~persh~pp~ngnameandarec~ass~ed~packed~ marked, and labeled, and are in all respects in proper condition for transport by highway according to applicable international and nationaJgovernment regulations. ~ If I am a large quanti~ generator, I certi~ that I have a program in place to reduce the volume and toxici~ of waste generated to the degree I have determined to be economicall~ ~ practicable and that I have selected the practicable method of treatment, storage, or disposal currently available to me which minimizes the present and future ~reat to human hea~th and the environment; OR, if I am a small quanli~ generator, I have made a good faith effort to minimize my waste generation and select the best waste management method that is ~ available to me and that I can afford. ,, I ~ Printed/Typed Name "~ M~th Day Year ~ '1~. f .... eorte~ ~cknowl~age~ent of~eipt of Materials ' A Printed/Typed Name ~ Signature ~-- · Mont~. Day Year 0 18. Transporter 2 A~wJe~ment ~ Receipt o~atenaJs ~ ~ Printed/Typed Name Signature I Month Day Year E 19. Discrepant7 In~icotion I [ , I 20. F~cili~7 Owner or Operolor C~rfi[icofion o~ receip~ o[ h~zor~ou* m~l~riol* covor~ b7 lhi~ m~ni[e~ *xc~ ~ no~e~ in II~m 19. T Printed/Typed Name I Signature ~ Mo~th D~y Year · :ldeo eJ!=l ~lunoo uJe~ eq~ jo le^oJdde eql q~ epeLu eq ll~ se§ueqo · seoJnoseJ lo ~I!I.KleI.~B eql p~ seou~u~ 's~lnseJ 1se15u~ued eSuBup ol loe.fqns em s0~sm, pu~ se~ep IIV 'po.ued ~ee,~ o~ e Je^o pe~,eldu~oo ecl ol s. ~)e.~ojcl i~^omeJ)~.~ eN.L. ~ ............... ~d,~ STATE OF CALIFORNIA CItY OF BAKERSFIELD CERTIFIED UNIFIED PROGRAM AGENCY In the Matter of: ) Docket No.: 0001-02 ) : SIERRA INTERNATIONAL ) ORDER ON CONSENT AGREEMENT MACHINERY, INC. ) a California corporation ) Health and Safety Code Section 25187 dba Sierra Iron & Metal Company ) ) Respondent. ) .) INTRODUCTION 1.1. Parties. The office of Environmental Services for the City of Bakersfield Fire Department, a Certified Unified Program Agency (CUPA) authorized by the Secretary of the California Environmental Protection Agency (Cai/EPA) to administer and enforce the Hazardous Substance Control Act in the City of Bakersfield, issues this Order on Consent Agreement (Order) to Sierra International Machinery, Inc., a California corporation doing business as Sierra Iron and Metals Company (Sierra). 1.2. Site. Respondent generated, handled, treated, stored, and/or disposed of hazardous waste at the following site: 1620 East Brundage Lane, Bakersfield, California 93307. 1.3 Generator. The Respondent generated the following hazardous wastes: non-RCRA hazardous waste solids (soils containing hazardous levels of lead and zinc), a "toxic" hazardous waste pursuant to title 22 of the California Code of Regulations (CCR), section 66261.24, derived as a by-product from scrap metal recycling processes at Sierra 1.4 Jurisdiction. Section 25187 of the Health and Safety Code (HSC) authorizes the CUPA to order action necessary to correct violations and assess a penalty when the CUPA determines that any person has violated specified provisions of the Health and Safety Code or any permit, rule, regulation, standard, or requirement issued or adopted pursuant thereto. DETERMINATION OF VIOLATIONS 2. The CUPA hereby determines that Respondent violated: 2.1 The Hazardous Waste Control Law (Health & Safety Code section 25100, et seq.), to wit: section 25189.5. Disposal, treatment or storage at, or transportation to, facilities without permits or at unauthorized points. On June 29, 2000 a hazardous waste generator inspection performed by the CUPA identified a six foot high by thirty foot diameter waste pile of dirt which respondent reported as representing three years of soils by-product accumulation from the scrap metal recycling process. 2.2 On June 30, 2000, the CUPA issued a Notice to Comply to respondent to determine if the waste dirt pile is "hazardous" according to either its concentrations, characteristics, or categorical listings pursuant to Section 66262.11 of Title 22 of the California Code of Regulations. 2.3 On July 17, 2000, sample analysis performed by a State certified laboratory confirmed that the waste dirt pile contains hazardous levels of toxic metals lead and zinc. SCHEDULE FOR COMPLIANCE 3. Based on the forgoing DETERMINATION OF VIOLATIONS, IT IS HEREBY ORDERED AND AGREED TO THAT: 3.1 Respondent shall make arrangements to properly transport and dispose of the hazardous waste by a State licenced hazardous waste hauler within thirty ($0) days 2 from the effective date of this Order. Respondent shall submit a schedule for and description of the proposed management of the residual dirt and debris pile containing metals for the CUPA approval within fifteen (15) days from the effective date of this order. 3.2 Submittals. A copy ofthe completed hazardous waste manifest and schedule for management of the residual dirt and debris pile shall be sent to the CUPA, in care of: Mr. Ralph Huey Director of Environmental Services City of Bakersfield 1715 Chester Avenue Bakersfield, California 93301 3.3 Communications. All approvals and decisions of the CUPA made regarding submittals and notifications will be communicated to Respondent in writing by the Director of Environmental Services, or his/her designee. No informal advice, guidance, suggestions, or comments by the CUPA regarding reports, plans, specifications, schedules, or any writings by the Respondent shall be construed to relieve Respondent of the obligation to obtain such formal approvals as may be required. 3.4 CUPA Review and Approval. If the CUPA determines that the schedule, or other submitted for approval pursuant to this order fails to comply with the order or fails to protect'public health or safety or the environment, the CUPA may: a. Modify the document as deemed necessary and approve the document as modified, or b. Return the document to Respondentwith recommended changes and a date by which Respondent with recommended changes and a date by which Respondent must submit to the CUPA a revised document incorporating the recommended changes. 3.5 Compliance with Applicable Laws. Respondent shall carry out this Order in 3 compliance with all local, State, and federal requirements, including but not limited to requirements to obtain permits and to assure worker safety. 3.6 Endangerment durinq Implementation. In the event that the CUPA determines that any circumstances or activity (whether or not pursued in compliance with this Order) are creating an imminent or substantial endangerment to the health or welfare of people on the site or in the surrounding area orto the environment, the CUPA may order Respondent to stop further implementation of this Order for such period of time as needed to abate the endangerment. Any deadline in this Order directly affected by a Stop Work Order under this section shall be extended for the term of the Stop Work Order. 3.7 Liability. Nothing in this Order shall constitute or be construed as a satisfaction or release from liability for any conditions or claims arising as a result of past, current, or future operations of Respondent...other than those violations alleged in section 2 of this order. Notwithstanding compliance with the terms of this Order, Respondent may be required to take further actions as are necessary to protect public health or welfare or the environment. 3.8 Data and Document Availability. Respondent shall permit the CUPA and its authorized representatives to inspect and copy all sampling, testing, monitoring, and other data generated by Respondent or on Respondent's behalf in any way pertaining to work undertaken pursuant to this Order. Respondent shall allow the CUPA and its authorized representatives.to take duplicates of any samples collected by Respondent pursuant to this Order. Respondent shall maintain a central depository of the data, reports, and other documents prepared pursuant to this Order. All such data, reports, and other documents shall be preserved by Respondent for a minimum of three years after the conclusion of all 4 activities under this Order. If the CUPA requests that some or all of these documents be preserved for a longer period of time, Respondent shall either comply with that request, deliver the documents to the CUPA, or permit the CUPA to copy the documents prior to destruction. 3.9 Government Liabilities. The City of Bakersfield shall not be liable for injuries or damages to persons or property resulting from acts or omissions by Resp°ndent or related parties specified in paragraph3.16 in carrying out activities pursuant to this Order, nor shall the City-of Bakersfield be held as a party to any contract entered into by Respondent or its agents in carrying out activities pursuant to the Order. 3.10 Additional Enforcement Actions. By issuance of this Order, the CUPA does not waive the right to take further enforcement actions. 3.11 Incorporation of Plans and Reports. All plans, schedules, and reports that require CUPA approval and are submitted by respondent pursuant to this Order are incorporated in this Order upon approval by the CUPA. 3.12 Extension Request. If Respondent is unableto perform any activity or submit any document within the time required under this Order, the Respondent may, prior to expiration of the time, request an extension of time in writing. The extension request shall include a justification for the delay. 3.13 Extension Approvals. If the CUPA determines that good cause exists for an extension, it will grant the request and specify in writing a new compliance schedule. 3.14 Penalties for Noncompliance. Failure to comply with the terms of this Order may also subject Respondent to costs, penalties, and/or punitive damages for any costs incurred by the CUPA or other government agencies as a result of such failure, as provided 5 by HSC section 25188 and other applicable provisions of law. 3.15 Parties Bound. This Order shall apply to and be binding upon Respondent, and its officers, directors and agents, including but not limited to individuals, and upon the CUPA and any successor agency that may have responsibility for and jurisdiction over the subject matter of this order. PENALTY 4. The CUPA assesses a penalty of $ 2,500. Payment of the total penalty of $ 2,500 is due within thirty (30) days from the effective date of the Order. Respondent's check shall be made payable to City of Bakersfield, Certified Unified Program Agency, and shall identify the Respondent and Docket Number, as. shown in the heading of this case. Respondent shall deliver the penalty payment to: Mr. Walter H. Porr, Jr. Deputy City Attorney City Attorney's Office · City of Bakersfield 1501 Truxtun Avenue Bakersfield, California 93301 A photocopy of the check shall be sent to: Mr. Ralph Huey Director of Environmental Services City of Bakersfield 1715 Chester Avenue Bakersfield, California 93301 5. This Order is final and effective upon execution by the City and Respondent. 6. "Days" for purposes of this Order means calendar days. 6 Date of Issuance: August ,:,A___~_/, 2000. Mr. Date Director of Environmental Services City of Bakersfield r ' ' ery, Inc. Date Typed or Printed Name of Respondent's Representative cc: Agent for Service John Sacco 1620 East Brundage Lane Bakersfield, CA 93307 Mr. Walter H. Porr, Jr. Deputy City Attorney City Attorney's Office City of Bakersfield 1501 Truxtun Avenue Bakersfield, CA 93301 7 " s~~~ PROOF OF SERVICE ( .. ADMINISTRATIVE ENFORCEMENT ORDERS ~ .a.l~, ~ CITY OF BAKERSFIELD I~ li~y_~il~y OFFICE OF ENVIRONMENTAL SERVICES -~,.~,-~,~llll~.,~.,- 1715 Chester Av. Ste. 300 Bakersfield, CA 93301 (661) 326-3979 1. I served the : a. ~ Enforcement Order ~ Statement to Respondent ~ 2 Blank Notice of Defense Forms ~ Other (specify): ~m Cao~ ~ 'Qe,r~C 6~ b. On Respondent (Name): '~ r,2~r'~ l~.4L~ [ Docket No.: (Dod) l c. By serving: ~ Respondent Cl Other (Name and Title or relationship to Respondent):. ' 2. a. O By personally delivering copies to · (address):. at (time):. on (date): b. ~ By mailing copies byfirst-_class certified mail, Certified Mail Receipt No.: '7-' q [ 0 03-~'~5(¢ q ~ I return receipt requested, in a sealed envelope addressed to: ~ 3302_. 3. My name, business address, and telephone number are: Bakersfield Fire Department Office of Environmental Services 1715 Chester Avenue, Suite 300 Bakersfield, CA 93301 (661) 326-3979 I declare underpenaKv of perjury that the forgoing is t/~me and correct and that this declaration is executed on (date) ~TU1 oq¢[, ]J~ at (place)Bak~Tfield, California. s:~ouc~ roms~o~of~i~ ro~ ~ (Si~m~e) STATE OF CALIFORNIA CITY OF BAKERSFIELD CERTIFIED UNIFIED PROGRAM AGENCY In the Matter o~: ) Docket No.: 0001-02 ) SIERRA INTERNATIONAL ) ENFORCEMENT ORDER MACHINERY, INC. ) a California corporation ) Health and Safety Code Section 25187 dba Sierra Iron & Metal Company ) ) Respondent, __. ) INTRODUCTION - 1.1. Parties. The Office of Environmental Services for the City of Bak.ersfield Fire Department, a Certified Unified Program Agency (CUPA) authorized by the Secretary of ' the California Environmental Protection Agency (Cai/EPA) to administer and enforce the Hazardous Substance Control Act in the City of Bakersfield, issues this Enforcement Order (Order) to Sierra International Machinery, Inc., a California corporation doing business as Sierra Iron and Metals Company (Sierra). 1.2. Site. Respondent generated, handled, treated, stored, and/or disposed of hazardous waste at the following site(s), including, but not limited to: 1620 East Brundage Lane, Bakersfield, California 93307. 1.3 Generator. The Respondent generated the following hazardous wastes: non-RCRA hazardous waste solids (soils containing hazardous levels of lead and zinc), a "toxic" hazardous waste pursuant to title 22 of the California Code of Regulations (CCR), section 66281.24, derived as a by-product from scrap metal recycling processes at Sierra 1.4 Jurisdiction. Section 25187 of the Health and Safety Code (HSC) authorizes the CUPA to order action necessary to correct violations and assess a penalty when the CUPA determines that any person has violated specified provisions of the Health and Safety Code or any permit, rule, regulation, standard, or requirement issued or adopted pursuant thereto. DETERMINATION OF VIOLATIONS 2. The CUPA hereby determines that Respondent violated: 2.1 The Hazardous Waste Control Law (Health & Safety Code section 25100, et seq.), to wit: section 25189.5. 'Disposal, treatment or storage at, or transportation to, ' facilities without permits or at unauthorized points. On June 29, 2000 a hazardous waste generator inspection performed by the CUPA identified a six foot high by thirty foot diameter waste pile of dirt which respondent reported as representing three years of soils by-product accumulation from the scrap metal recycling process. 2.2 On June 30, 2000, the CUPA issued a Notice to Comply to respondent to determine if the waste dirt pile is "hazardous" according to either its concentrations, characteristics, or categorical listings pursuant to Section 66262.11 of Title 22 of the California Code of Regulations. ' 2.3 On July 17, 2000, sample analysis performed by a State certified laboratory confirmed that the waste dirt pile contains hazardous levels of toxic metals lead and zinc. SCHEDULE FOR COMPLIANCE 3. Based on the forgoing DETERMINATION OF VIOLATIONS, IT IS HEREBY ORDERED AND AGREED TO THAT: 3.1 Respondent shall make arrangements to properly transport and dispose of the hazardous waste by a State licenced hazardous waste hauler within thirty (30) days 2 from the effective date of this Order. Respondent shall sUbmit a schedule for and description of the proposed transportation and disposal for the CUPA approval within fifteen (15) days from the effective date of this order. 3.2 Submittals. A copy of the completed hazardous waste manifest shall be Sent to the CUPA, in care of: Mr. Ralph Huey Director of Environmental Services City of Bakersfield ..................... 1715 Chester Aveaue ............................. " Bakersfield, California 93301 ....... 3.3 Communications. All approvals and decisions of the CUPA made regarding submittals and notifications will be communicated to Respondent in writing by the Director of Environmental Services, or his/her designee. No informal advice, guidance, suggestions, or comments by the CUPA regarding reports, plans, specifications, schedules, or any writings by the Respondent shall be construed to relieve Respondent of the obligation to obtain such formal approvals as may be required. 3.4 CUPA Review and Approval. If the CUPA determines that the schedule, or other submitted for approval pursuant to this order fails to comply with the order or fails to protect public health .or safety or the environment, the CUPA may: a. Modify the document as deemed necessary and approve the document as modified, or b. Return the document to Respondent with recommended changes and a date by which Respondent with recommended changes and a date by which Respondent must I submit to the CUPA a revised document incorporating the recommended changes. 3.5 Compliance with APplicable Laws. Respondent shall carry out this Order in 3 compliance with all local, State, and federal requirements, including but not limited to requirements to obtain permits and to assure worker safety. 3.6 Endangerment during Implemeniation. In the event that the CUPA determines that any circumstances or activity (whether or not pursued in compliance with this Order) are creating an imminent or substantial endangerment to the health or welfare of people on the site or in the surrounding area orto the environment, the CUPA may order Respondent to stop further implementation of this Order for such period of time as needed "' tO abate the endangerment. AnY deadlinein this Order directly affected by a Stop'Wo~-k Order under this section shall be extended for the term of the Stop Work Order. 3.7 Liability. Nothing in this Order shall conStitute or be construed as a satisfaction or release from liability for any conditions or claims arising as a result of past, current, or future operations of Respondent...other than those violations alleged in section 2 of this order. Notwithstanding compliance with the terms of this Order, Respondent may be required to take further actions as are necessary to protect public health or welfare or the environment. 3.8 Data and Document Availability. Respondent shall permit the CUPA and its authorized representatives to inspect and coPy all sampling, testing, monitoring, and other data generated by Respondent or on Respondent's behalf in any way pertaining to work undertaken purSuant to this Order. Respondent shall allow the CUPA and its authorized representatives to take duplicates of any samples collected by Respondent pursuant to this Order. Respondent shall maintain a central depository of the data, reports, and other documents prepared pursuant to this Order. All such data, reports, and other documents shall be Preserved by Respondent for a minimum of three years after the conclusion of all 4 activities under this Order. If the CUPA requests that some or all of these documents be preserved for a longer period of time, Respondent shall either comply with that request, deliver the documents to the CUPA, or permit the CUPA to copy the documents prior to destruction. 3.9 Government Liabilities. The City of Bakersfield shall not be liable for injuries or damages to persons or property resulting from acts or omissions by Respondent or related parties specified in paragraph 3.16 in carrying out activities pursuant to this Order, nor shall the City of Bakersfield be held aS 'a party to anY-cOntract entered into' by Respondent or its agents in carrying out activities pursuant to the Order. 3.10 Additional Enforcement Actions. By issuance of this Order, the CUPA does not waive the right to take further enforcement actions. 3.11 Incorporation of Plans and Reports. All pla~s, schedules, and reports that require CUPA approval and are submitted by respondent pursuant to this Order are incorporated in this Order upon approval by the CUPA. 3.12 Extension Request. If Respondent is unable to perform any activity or submit any document within the time required under this Order, the Respondent may, prior to expiration of the time, request an extension of time in writing. The extension request shall include a justification for the delay. 3.13 Extension Approvals. If the CUPA determines that good cause exists for an extension, it will grant the request and specify in writing a new compliance schedule. 3.14 Penalties for Noncompliance. Failure to comply with the terms of this Order may also subject Respondent to costs, penalties, and/or punitive damages for any costs incurred by the CUPA or other government agencies as a result of such failure, as provided 5 by HSC section 25188 and other applicable provisions of law. 3.15 Parties Bound. This Order shall apply to and be binding upon Respondent, and its officers, directors and agents, including but not limited to individuals, and upon the CUPA and any successor agency that may have responsibility for and jurisdiction over the subject matter of this order. 3.16 Non-Admission of Liability Ashland Inc., neither admits nor denies the allegations in Section 2. PENALTY'~ 4. The CUPA assesses a penalty of $ 4,500. Payment of the total penalty of $ 4,500 is due within thirty (30) days from the effective date of the Order. Respondent's check shall be made payable to City of Bakersfield, Certified Unified Program Agency, and shall identify the Respondent and Docket Number, as shown in the heading of this case. Respondent shall deliver the penalty payment to: Mr. Walter H. Porr, Jr. Deputy City Attorney City Attorney's Office City of Bakersfield 1501 Truxtun Avenue Bakersfield, California 93301 ...... A photocopy of the check shall be sent to: '- ..... Mr. Ralph Huey Director of Environmental Services City of Bakersfield 1715 Chester Avenue Bakersfield, California 93301 5. ,This Order is final and effective upon execution by the City and Respondent. 6. "Days" for purposes of this Order means calendar days. 6 Date of Issuance: August /z~", 2000. DMirr'ector of Environmental Services Date City of Bakersfield Sierra International Machinery, Inc. Date Typed or Printed Name of Respondent's Representative cc: Agent for Service John Sacco 1620 East Brundage Lane Bakersfield, CA 93307 Mr. Walter H. Porr, Jr. Deputy City Attorney City Attorney's Office City of Bakersfield 1501 Truxtun Avenue Bakersfield, CA 93301 7 ACKNOWLEDGMENT OF RECEIPT Without admitting the violations, I acknowledge receipt of this Enforcement Order, Statement to I~espondent, Certification of Compliance form, and two copies of the form entitled NOtice of Defense. DATED: ..................... Signature Pdnt Name and Title S:~AUG 2000~=nforcem entOrder(Sierra).wpd STATE OF CALIFORNIA CITY OF BAKERSFIELD CERTIFIED UNIFIED PROGRAM AGENCY In the Matter o[: ) Docket No.: 0001-02 ) SIERRA INTERNATIONAL ) STATEMENT TO RESPONDENT MACHINERY, INC. ) a California corporation ) Enforcement Order dba Sierra Iron & Metals CompanY ) ) Respondent. ) TO THE ABOVE RESPONDENT: An Enforcement Order ("Order") is attached to this statement and is hereby served upon you. The Order has been filed by the City of Bakersfield, Certified Unified. Program Agency ("CUPA"). Unless a written request for a hearing signed by you or on your behalf is delivered or mailed to CUPA within fifteen (15) days after you have received a copy of the Order,.you will be deemed to have waived your right to a hearing in this matter. If you do not file a timely hearing request, the Order becomes final automatically The request for a hearing may be made by delivering or mailing one copy of the - -. enclosed form entitled "Notice of Defense" or by delivering or mailing a Notice of Defense as provided in Section 11506 of the Government Code to: Mr.'Walter H. Porr, Jr. Deputy City Attorney , City Attorney's Office City of Bakersfield 1501 Truxtun Avenue Bakersfield, California 93301 Telephone: (661) 326-3721 Statement to Respondent Enforcement Order Sierra International Machinery, Inc. · Docket No.: 0001-02 The enclosed Notice of Defense, if signed and filed with CUPA, is deemed a specific denial of all parts of the Order, but you will not be permitted to raise any objection to the form of the Order unless you file a further Notice of Defense as provided in Section11506 of the Government Code within fifteen (15) days after service of the Order upon you. If you file a Notice of Defense within the time permitted, a hearing on the allegations ·_ made in the Order will be conducted by the Office of Administrative Hearings of the Department of General Services in accordance with the procedures specified in Health and Safety Code section 25187 and Government Code sections 11507, et seq. The hearing may be postponed for good cause. If you have good cause, you mUst notify CUPA within ten (10) working days after you discover the good cause. Failure to notify CUPA within ten (10) working days will deprive you of a postponement. Copies of Government Code Sections 11507.5, 11507.6 and 11'507.7 are attached. If you desire the names and addresses of witnesses or an opportunity to inspect and copy. items in possession, custody or control of CUPA, you may contact: .... Mr. Walter H. Porr,_Jr Deputy City Attorney City Attorney's Office City of Bakersfield 1501 Truxtun Avenue Bakersfield, California 93301 , Telephone: (661) 326-3721 Whether or not you have a hearing, you may confer informally with CUPA to discuss 2 Statement to Respondent Enforcement Order Sierra International Machinery, Inc. Docket No.: 0001-02 the alleged facts, determinations, corrective actions and penalty. An informal conference does not, however, postpone the fifteen (15) day period you have to request a hearing on the Order. An informal conference may be pursued simultaneously with the hearing process. You may,. but are not required, to be represented by counsel at any or all stages of these proceedings. INFORMAL CONFERENCE If you wish to discuss this matter with CUPA, an Informal Conference has been scheduled for: Date: Wednesday, August 30, 2000 Time: 10:30 am Location: Office of Environmental Services Third Floor Conference Room 1715 Chester Avenue Bakersfield, California 93301 ............. (661) 326-3979 ....... You, may inform the CUPA at the conference whether you wish to pursue a formal _. hearing or waive your right to a formal hearing, as explained below. FORMAL HEARING RIGHTS YOU M, UST FILE A WRITTEN REQUEST FOR A HEARING WITHIN FIFTEEN (15) DAYS IF YOU WISH TO HAVE A FORMAL HEARING. s:wu~ 3 STATE OF CALIFORNIA cITY OF BAKERSFIELD CERTIFIED UNIFIED PROGRAM AGENCY In the Matter o[: ) Docket No. 0001-02 ) SIERRA INTERNATIONAL ) NOTICE OF DEFENSE MACHINERY, INC. ) dba Sierra Iron & Metals Company ) Health and Safety Code Section 25187(d) ) ) Respondent. ) I, the undersigned Respondent, acknowledge receipt of a copy of the Enforcement Order, Statement to Respondent, Government Code. sections 11507.5, 11507.6 and 11507.7, and two copies of this Notice of Defense. I request a hearing to permit me to present my defense to the allegations contained in the Enforcement Order. Dated: (Signature of Respondent) Please Type or Print the Name and Mailing Address of Respondent .... ' .......... --~ - · (Name) (Street Address) · (City) (State) (Zip) (Telephone Number) S:~AUG 2000\NoticeofDefense(Slerra ),wpd STATE OF CALIFORNIA cITY OF BAKERSFIELD CERTIFIED UNIFIED PROGRAM AGENCY In the Matter of: ) Docket No. 0001-02 ) SIERRA INTERNATIONAL ) NOTICE OF DEFENSE MACHINERY, INC. ) dba Sierra Iron & Metals Company ) Health and Safety Code Section 25187(d) ) ) Respondent. ) I, the undersigned Respondent, acknowledge receipt of a copy of the Enfomement Order, Statement to Respondent, Government Code sections 11507.5, 11507.6 and 11507.7, and two copies of this Notice of Defense. I request a hearing to permit me to present my defense to the allegations contained in the Enforcement Order. Dated: (Signature of Respondent) Please Type or Print the Name and Mailing Address of Respondent (Name) - (Street Address) ,, (City) (State) (Zip) (Telephone Number) S:~,Ue ~ceofDefen~e(Slerm).wi~d ~Ov~~ Section 11507.5, F, xcluslvit~ of discover~ provisions The 'provisions of Section 11507.6 provide the exclusive right to and method of discovery as to any proceeding governed by this chapter. Section 11507.6. Request for discovery After initiation'of a proceeding in which aresp°ndent or other party is entitled to a hearing on the merits, a party, upon ~Titten request made to another party, prior to the hearing and within 30 days after service by the agency of the initial pleading or within 15 days after such service of an additional pleading, is entitled to (1) obtain the names and addresses of witnesses to the extent known to the other party, including, but not limited to, those intended to be called to testify at the hearing, and (2) inspect and make a copy of any of the following in the possession or custody, or under the control of the other '~ .... party: " (a) A statement of a person, other than the respondent, named in the initial administrative pleading, or in any additional pleading, when it is claimed that the act or omission of the respondent as to such person is the basis'for the administrative proceeding; (b) A statement pertaining to the subject matter of the proceeding made by any party.to another party or person; (c) Statements of witnesses then proposed to be called bY the party'and of other persons having personal knowledge of the acts, omissions or events which are the basis for the Proceeding, not included in. (a) or (b) above; (d) Ail writings, including~ but not limited to, reports of mental, physical and blood examinations and things which the party then proposes to offer in evidence; (e) -Any other writing or thing which is relevant and which would be admissible in evidence; 5 (f) Investigative reports ~ade by or on behalf of the agency or other party pertaining to the subject matter of the proceeding, to the extent that such reports (1) contain the names and addresses of witnesses or of persons having personal knowledge of the acts, omissions or events which are the basis for the proceeding, or (2) reflect mat=ers perceived by the investigator in the course of his or her investigation, or (3) contain or %nclude by attachment any statement or writing described in (a) to (e), inclusive, or summary thereof. For the purpose of this section, "statements" include written statements by the person signed or otherwise authenticated by him or her, stenographic, mechanical, electrical or other recordings, or transcripts thereof, of oral statements by the person, and writ=eh reports or summaries of such oral statements. Nothing in this section shall authorize the inspeCtiOn or copying of any writing or thing which is privileged from disclosure by law or otherwise made confidential or protected as the attorneyes work product. (g) In any proceeding under subdivision (i) or (j) of Section 12940, or Section 19572 or 19702, alleging conduct which constitutes sexual harassment, sexual assault, or. sexual battery, evidence of specific instances of a complainant's sexual conduct with individuals other than the alleged perpetrator is not discoverable unless it is to b~'offered at a hearing to attack the credibility of the complainant as provided for under subdivision (j) of Section 11513. This subdivision is intended only to limit the scope of discovery; it is not intended to .effect the methods of discovery allowed under this section. Section 11507.7. Petition to compel discovery; Order; Sanctions (a) Any party claiming his request for discovery pursuant to Section 11507.6 has not been complied with may serve and file a verified Petition to' compel discovery.in the superior court for the county in which the administrative hearing Will be held, naming as respondent the party refusing or failing to comply with Section 11507.6. The petition shall state facts showing the .... respondent party failed or refused to comply with Section 11507.6, a description of the matters sought to be discovered, the reason or reasons why such matter is discoverable under this section, and the ground or grounds of respondent's refusal so far as known to petitioner. lnqP. ii 6 . (b) The petition shall be served upon respondent party and filed within 15 days after the respondent party first evidenced his failure or refusal to comply with Section 11507.6 or within 30 days after request was made and the party has failed to reply to the request, whichever .period is longer. However, no petition may be filed within 15 days of the date set for commencement of the administrative hearing except upon order of the court'after motion and 'notice and for good cause shown. In acting upon such motion, the court' shall consider the necessity and reasons for such discovery, the diligence or lack of diligence of the moving party, whether the granting of the motion will delay the commencement of the administrative hearing on the date set, and the possible prejudice of such action to any party. (c) If from a reading of the petition the court is satisfied that the petition sets forth good cause for relief, the court shall issue an order to show cause directed to the ........ respondent par~y~ otherwise th~ court shall enter an order denying the petition. The order to show cause shalI be served upon the respondent and his attorney of record in the administrative proceeding by personal delivery or certified mail and shall be returnable no earlier than 10 days from its issuance. nor later than 30 days after the filing of the petition. The respondent party shall have the right t° serve and file a'written answer or other response to the petition and order to show cause. (d) The court may in its discretion order the 'administrative proceeding stayed during the pendency of the proceeding, and if necessary for a reasonable time thereafter to afford the parties time to comply with the court order. (e) Where the matter sought to be discovered is under the custody or control of the respondent party and the respondent party asserts that such matter is not a discOverable matter under the provisions of Section 11507.6, or is privileged against disclosure under such provisions, the cour~ may order lodged with it such matters as are provided in subdivision (b) of Section 915 of the Evidence Code and examine such matters' inaccordance with the provisions thereof (f) The court shall decide the case on the matters examined by the court in camera, the papers filed by.the parties, and such oral argument and.additional evidence-as the court, may allow.- (g) Unless otherwise stipulated by the parties, the court shall no later than 30 days after the filing of the petition file its order denying or granting the petition, provided, however, the court may on its own motion for good cause extend such time an additional 30 days. The order of the court shall be in writing se~ting forth the matters or parts thereof the petitioner ~.u 7 (1~93) · is 'entitled to discover under Section 11507.6. A copy of the order shall forthwith be served by mail by the clerk upon the parties. Where the order grants the petition in whole or in par=, such order shall not become effective until 10 days after the date the order is served by ~he clerk. Where the order denies relief to the petitioning party, the order shall be effective on ~he date it is served by the clerk. (h) The order of the superior court shall be final and not subject to review by appeal. A party aggrieved by such order, or any part thereof, may within 15 days after the service of the superior court's order serve and file in the district court of appeal for the district in which the superior court is located, a petition for a writ of mandamus to compel the superior court to set aside or otherwise modify its order. Where such review is sought from an order granting discovery, the order of the trial court and the administrative proceeding~shall be stayed upon the filing of the petition for writ of mandamus, provided, -~. however, the cour~ of appeal may dissolve or modify the stay thereafter if'it is in the public interest to do so. Where such review is sought from a denial of discovery, neither the trial court's order nor the administrative proceeding shall be stayed by the court of appeal except upon a clear showing of probable error. (i) Where the superior court finds that a party or his attorney, without substantial justification, failed or-refused, to comply with Section 11507.6, or, without substantial justification, filed a petition to compel discovery pursuant to this section, or,'without'substantialjustification, failed to comply with any order of court made pursuant to this section, the court may award court costs and reasonable attorney fees to the opposing party~ Nothingin this subdivision shall limit the power of the superior court to compel obedience to its Orders by contempt proceedings. 8 STATE OF CALIFORNIA CITY OF BAKERSFIELD CERTIFIED UNIFIED PROGRAM AGENCY In the Matter of: ) Docket No. 0001-02 ) SIERRA INTERNATIONAL ) CERTIFICATION OF COMPLIANCE MACHINERY, INC. ) dbaSierra Iron & Metals Company ) ) ) Respondent. ) ,) I, , certify under penalty of law that: 1. Respondent has corrected the violations specified in the above-entitled action. 2.· I have personally examined any documentation attached to this certification to establish that the violations have been corrected. 3. Based on my examination of the attached documentation and inquiry of the individuals who prepared or obtained it, I believe that the information is true, accurate and complete.~ 4. I am authorized to file this certification on behalf of the Respondent. 5. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. Dated: Signed: Printed or Typed Name: Title: S:~AUG 2000\CertiflcatlonofCorn pllance(Sierra).wpd B~D BAKERSFIELD FIRE DEPARTMENT ~ OFFICE OF ENVIRONMENTAL SERVICES ~ rtRt ]~ PRELIMINARY INVESTIGATION REPORT Prepared by: ~'~Howard H. Wines, III Hazardous Materials Specialist File Name: S:LAUG 2000\Sierra Prelim Inv.wpd Report Date: August 15, 2000 Incident: Sierra Iron & Metals Company (hazardous waste generator inSpection) Location: 1620 East Brundage Lane Incident Date: June 29, 2000 Violation: Failed to determine if waste is hazardous by testing, knowledge, or exemptions. (Section 66262.11, Title 22, California Code of Regulations) Statute: Section 25189.5(a) California Health and Safety Code. Disposed or induced disposal of a hazardous waste at an unauthorized point. Penalty: $4,500 SuspeCt -1: John Sacco, Agent for Service Sierra International Machinery, Inc., a California Corporation Dba: Sierra Iron & Metals Company 1620 East Brundage Lane Bakersfield, CA 93307 Witness - 1: Mark Pear, Hazardous Substances scientist ' Cai/EPA Department of Toxic Substances Control 700 Heinz Avenue, Suite 200 Berkeley, CA 94710-2737 Narrative: On June 29, 2000, a routine hazardous waste generator inspection was performed at the site. A 6'h x 30'dia waste pile of dirt was observed in the North area of the lot. On June 30, 2000, I issued a Notice to Comply to SACCO requiring hazardous waste testing of the dirt pile. A hazardous waste generator inspection report was prepared to document the results of the inspection. On July 6, 2000, I witnessed sampling of the dirt pile by a qualified field technician from BC Laboratories. On August 3, 2000, SACCO provided me with the sample analysis results confirming the hazardous levels of lead and zinc. Administrative Enforcement Action - Sierra Iron & Metals Preliminary Investigation Report Page 2 Penalty Calculation Pursuant to Title 22 of the California Code of Regulations Actual or Potential Harm: Non-RCRA soil containing metals is considered a "Minimal" actual or potential harm. (66272.63(b)(2)(B)) Extent of Deviation: Illegal disposal is considered a "Major" violation. The disposal · requirement was completely ignored. (66272.63(c)(2)(A)) Initial Base Penalty: $ 8,000 (66272.63(d)) Additional Penalties: N/A. (66272.63(e)) Intent (before the fact): N/A. (66272.64(a)) Total Base Penalty: $ 8,000 Adjustment Factors: (66272.64(b)) Cooperation and Effort: Multiplier (0.75 to 1.0) (66272.65(a)) $ 6,000 Excellent cooperation (0.75) Prophylactic Effect: Multiplier (0.5 to 2.0) Penalty effect on both the violator & regulated community. The penalty should not be too severe, nor too lenient for the type of industry involved (locally owned recycling companies). (0.75) $ 4,500 Economic Benefit: Avoided disposal costs for a period of approximately three years. Ability to Pay: Violator must demonstrate inability to pay full amount. Final Adjusted Penalty: $ 4,500 s~~ CITY OF BAKERSFIELD ~ OFFICE OF ENVIRONMENTAL SERVICES t~ Irll~ ~ 1715 Chester Avenue, Suite 300 · Bakersfield, CA 93301 .~.~,,~ ~_, ~;.,.,- (661) 326-3979 HAZARDOUS WASTE .GENERATOR INSPECTION REPORT Facility: Sierra Iron & Metal Company Location: 1620 East Bmndage Lane Insp. Date: June 29, 2000 Report Date: .~h~ July 7, 2000 Prepared By; ~ H. III Howard Wines, Hazardous Materials Specialist Reviewed By: Ralph E. Huey Director of Environmental Services Agency Representatives: 1) Howard H. Wines, III - Hazardous Materials Specialist Bakersfield Fire Dept. Office of Environmental Services 2) Mark Pear, Hazardous Substances Scientist CaFEPA Dept. of Toxic Substances Control Facility_ Representatives: 1) Eric Porter, Operations Manager (present throughout inspection) 2) Alex Bertolucci, Supervisor (present throughout inSpection) 3) John Sacco, Co-Owner (present during opening interview) 4) Jamie Cooks, Public Relations (present during opening interview) Facility_ Description: A 27 acre, asphalt paved, parcel consisting of warehouse structures and scrap iron piles located at the NE comer of East Brundage Lane and Lakeview Avenue. The west half of the property is currently leased to several other tenants occupying warehouse and office space. The nature of the business is machinery sales and distribution (dba Sierra International Machinery, Inc.) with ferrous and non-ferrous metals, plastic, glass, paper, and cardboard recycling. The machinery service, scrap iron and other recycling activities occur on the east half of the property. Permit Status / Historical Data: Current Permits: 1) . Unified Program Consolidated Permit (15-021-000470) issued by Bakersfield Fire Department Office of Enviromental Services. Page 1 of 3 Hazardous Waste Generator Inspection Report Sierra Iron & Metals Company June 29, 2000 2) Permit to Install and Operate an Aboveground Diesel Fuel Tank (X-315) issued by Bakersfield Fire Department on April 23, 1991. 3) Storm Water Pollution Prevention Discharge Requirements (5F-15-S-001181) issued by the Central Valley Regional Water Quality Control Board. Previous Permits: 1) Interim Permit to Operate Underground Substances Storage Facility (240004) issued by Kern County Environmental Health (KCEH) for the period 7/1/86 to 7/1/89. 2) Permit to Abandon Underground Tanks (Al 176-24) issued by KCEH on 6/18/90. 3) Closure of the Underground Storage Tanks (Al 176-24 / 240004) granted on 5/23/91. Waste Activity: Waste Stream #1 (Used Oil) is generated during the servicing of equipment on site. A 1000 gallon (approx.) aboveground tank is located near the center of the site for used oil storage. The used oil is recycled by Cole's Oil & Filter Recycling Service. Waste Stream #2 (Used Lead-Acid Batteries) is generated from customers bringing batteries in to be recycled. The batteries are placed on a pallet in the receiving area and recycled by T & L Battery. Waste Stream #3 (Containers) is generated from empty metal dram containers brought in by customers for scrap metal recycling. Approx. twelve 55 gallon capacity containers were observed in the vicinity of the used oil storage tank. The original contents of the empty containers was reported to be food product concentrates which was Consistent with the manufacture's labels on the containers. At least one of these open-top drams, however, was not empty, but was partly filled with what appeared to be used oil. An empty 8,000 gallon capacity steel underground storage tank (UST) was also present in the vicinity of the steel scrap pile. A certificate of decontamination (A2499-49) issued by Kern County Environmental Health Services Department was provided with the UST upon delivery to the site. The certificate of decontamination was made available for review during the inspection and the certificate number was consistent with the number which had been spray-painted on the end of the UST. Waste Stream g4 (Dirt & Debris Stockpile) is generated from residual soil adhering to scrap metal as it's received into the facility. The stockpile is located in the northeastern comer of the property and consists of a 30 foot high (approx.) mound of dirt with relatively small (1 to 2 foot) lengths of imbedded bits of scrap metal. The stockpile is sieve screened and magnetically separated to recover the residual metals from the dirt. The residual dirt has reportedly been hauled off-site in the past and used as fill dirt. The Current stockpile reportedlY represents three years of accumulation on site. No prior waste analysis was available for the residual dirt. Page 2 of 3 Hazardous Waste Generator Inspection Report Sierra Iron & Metals Company June 29, 2000 Narrative of InspeCtion / Violations: An opening interview was conducted in PORTER's office. WINES recapitulated the results of the prior inspection conducted on May 12, 1998 and informed the facility that the present inspection would involve hazardous waste generator requirements and that photographs and or samples may be taken for enforcement purposes. Verbal' consent to proceed with the inspection was asked for by WINES and granted by PORTER. Contingency plan, training records, and recycling receipts over a three year period were examined in the office. A walk through of the facility followed. Corrections to the hazardous materials inventory were made during the inspection for motor oil, hydraulic fluid, and used lead-acid battery amounts (attached). Unified Program Inspection Checklists were completed for the Business Plan and Inventory Program, Aboveground Storage Tanks Program, and Hazardous Waste Generator Program (attached). A Correction Notice (No. 978) was issued for various electrical violations of the Uniform Fire Code, hazardous waste container management violations (Class II) of Title 22 of the California Code of Regulations, and Aboveground Petroleum Storage Act (APSA) compliance (attached). A copy of the section of Title 22 regulations pertaining to the management of spent lead-acid batteries was also provided to PORTER at the conclusion of the inspection. Follow-up Required: At the exit interview, WINES expressed additional concern to PORTER over the accumulation of the dirt and debris stockpile on site. WINES also informed PORTER of the availability of the Statewide Contingency Plan concept for consolidating multi-program requirements in a single document or "One Plan" format to accommodate the Spill Prevention Control and Countermeasure (SPCC) plan requirement under APSA. WINES agreed to provide PORTER with information on the One Plan to be included in the inspection report (attached). A SPCC referral form was forwarded to the Central Valley Regional Water Quality Control Board and copied to the State Water Resources Control Board regarding the facility's lack of a SPCC and storage statement requirement under APSA (attached). A Notice to Comply with hazardous waste determination requirements concerning the dirt and debris stockpile was mailed to John SACCO on June 30, 2000, under separate cover (copy attached). Hazardous waste analysis of the stockpile is required to be completed prior to August 25, 2000. Nothingfurther at this time. cc: M. Pear, DTSC attachments S:XJULY 2000\Inspection Report-Sierra Iron.wpd Page 3 of 3 Secretary of State's Office - Corporation Search Results http://204.147.113.12/corpdata/ShowAllList?QueryCorpNumber=C0211168 Bill Jones Disclaimer: The information displayed here is current as of "Aug 12, 2000" and is updated weekly. It is not a complete or certified record of the Corporation. Corporation SIERRA INTERNATIONAL MACHINERY, lNG. Jurisdiction: California Mailing Address PO BOX 1340 BAKERSFIELD, CA 93302 Agent for Service of Process ~620 E BRUNDA~GE LANE ~ · For information about certification of corporate records or for additional corporate information, please refer to Corporate Records. · Blank fields indicate the information is not contained in the computer file. · If the status of the corporation is "Surrender", the .agent for service of process is automatically revoked. Please refer to California Corporations Code Section 2114 for information relating to service upon corporations that have surrendered. New California Business Search Need information about the display? How can I find more information about a corporation? If you have questions' or comments regarding the content on this page, please feel free to use our I~on~ine formj] Please report any technical problems to the_ ~ .webdeveloper~ss.ca.gov. ©1999 CA Secretary of State Business Filings Section - Corporations Unit 1 of 1 8/15/00 9:52 AM Laboratories, c. Page 1 Volatile Organic Analysis (EPA 8010 Analytes by 8260) SIERRA IRON AND METAL Date Reported: 07/17/2000. 1620 E BRUNDAGE LANE Date Received:- 07/06/2000 BAKERSFIELD, CA 93307 Laboratory No.: 00-07762-1 AEtn: ERIC PORTER 327-7073 Sample ID: CS-1 (COMPOSITE) Date Collected: 07/06/2000 @ 13:30 Sample Matrix: Soil Date Extracted: .~07/13/2000 Sample Collected By: MIKE GRAHAM Date Analyzed: 07/13/2000 Practical Analysis Reporting Quantitation Constituents Results Units Limit Bromodichloromethane None Detected mg/kg 0.005 Bromoform None Detected mg/kg 0.005 Bromomethane None Detected mg/kg 0.005 *03 Carbon tetrachloride None Detected mg/kg 0.005 *62 Chlorobenzene None Detected mg/kg 0.005 Chloroethane None Detected mg/kg 0.005 Chloroform None Detected mg/k~ 0.005 Chloromethane None Detected m~/kg 0.005 Dibromochloromethane None Detected mg/k~ 0.005 1,2-Dichlorobenzene None Detected m~/kg 0..005 1,3-Dichlorobenzene None Detected mg/kg 0.005 1,4~Dichlorobenzene None Detected mg/kg 0.005 Dichlorodifluoromethane None Detected mg/kg 0.005 1,1-Dichloroethane None Detected m~/kg 0.005 1,2-Dichloroethane None Detected mg/k~ 0.005 1,1-Dichloroethene None Detected mg/k~ 0.005 cis-l,2-Dichloroethene None Detected m~/kg 0.005 trans-l,2-Dichloroethene None Detected mg/kg 0.005 1,2-Dichloropropane None Detected mg/kg 0.005 cis-l,3-Dichloropropene None Detected m~/kg 0.005 trans-l,3-Dichloropropene None Detected mg/kg 0.005 Methylene Chloride None Detected mg/kg 0.01 1,1,2,2-Tetrachloroethane None Detected mg/kg 0.005 Tetrachloroethene None Detected mg/k~ 0.005 1,1,1-Trichloroethane None Detected m~/kg 0.005 1,1,2-Trichloroethane None Detected mg/kg 0.005 Trichloroethene None Detected m~/kg 0.005 Trichlorofluoromethane · 0.0054 mg/k~ 0.005 1,1,2-Trichloro- 1,2,2-trifluoroethane None Detected m~/kg 0.005 vinyl Chloride None Detected mg/kg 0.005 Methyl-t-butylether None Detected m~/k~ 0.005 Quality Control Data Surroqates % Recovery Control Limits 1,2-Dichloroethane-d4 91. 70-121 Toluene-d8 97. 81-117 4-Bromofluorobenzene 81. 74-121 All results listed in this report are for the exclusive use of the submitting party, BC Laboratories, Inc. assumes no responsibility for report alteration, detachment or third party interpretation. 4100 Atlas Court * Bakersfield, CA 93308 * (661)327-4911 * Fax(661)327-1918 * www.bclabs.com Laboratories, nc. Page 2 TOTAL CONCENTRATIONS (California Code of Regulations, Title 22, Section 66261) SIERRA IRON AlqD FiETAL Date Reported: 07/27/2000 1620 E BRUNDAGE LANE Date Received: 07/06/2000 BAKERSFIELD, C3t 93307 Laboratory No.: 00-07762-1 Attn: ERIC PORTER 327-7073 Sample Description: CS-1 (COMPOSITE), 07/06/2000 @ 13:30, MIKE GRAHAM 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 quantifiable 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. Flag Explanations: * = Sample precision is not within established limits. Matrix spike precision not within established limits, results may be affected. *04 = Sample specific matrix spike recovery(s) are not within QC limits. *05 = Sample precision is not within established limits. *08 = Matrix spike precision not within established limits, results may be affected. *42 = Sample specific matrix spike precision/ recovery(s) are not within QC limits. California D.O.H.S. Cert. ~1186 Dan Schultz ~~ Laboratory Director All results listed in this report are for the exclusive use of the submitting party, BC Laboratories, Inc. assumes no responsibility for report alteration detachment or third party nterpretation. 4100 Atlas Court * Bakersfield, CA 93308 * (661)327-4911 * Fax(661~327-1918 * www.bclabs.com Laboratories, c. Page 1 Total Petroleum Hydrocarbons SIERRA IRON AND METAL Date Reported: 07/14/2000 . 1620 E BRUNDAGE LANE Date Received: 07/06/2000 BAKERSFIELD, CA 93307 Laboratory No.: 00-07762-1 Attn: ERIC PORTER 327-7073 Sample ID: CS-1 (COMPOSITE) Sampling Date/Time: 07/06/2000 ® 13:30 Sample Collected By: MIKE GRAHAM Method Constituents Sample Results Units P.Q.L.. Method Total Recoverable Petroleum Hydrocarbons 18000. mg/kg 2000. EPA-418.1 Note: PQL's were raised due to high concentration of target analytes requiring sample dilution. Stuart G. Buttram 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, detachment or third party interpretation. 4100 Atlas Court * Bakersfield, CA 93308 * (661~327-4911 * Fax(661)327-1918 * www.bclabs.com Laboratories, nc. Page 2 Volatile Organic Analysis (EPA Method 8260) SIERP~A IRON AND METi~-L Date Reported: 07/17/2000 1620 E BRUNDAGE LANE Date.Received: 07/06/2000. BAKERSFIELD, CA 93307 Laboratory No.: 00-07762-1 Attn: ERIC PORTER 327-7073 Sample Description: CS-1 (COMPOSITE), 07/06/2000 ® 13:30, MIKE GRAHAM Flag Explanations: *03 = CCV recovery not within method limits° *62 = Internal end CCV % difference criteria not met.' California D.O.H.S. Cert. ~1186 Stuart G. Buttram 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, detachment or third party interpretation. 4100 Atlas Court * Bakersfield, CA 93308 * (661)327-4911 * Fax(661)327-1918 * www.bclabs.com Laboratories, nc. Page TOTAL CONCENTRATIONS (California Code of Regulations, Title 22, Section 66261) SIERRA IRON AND METAL Date Reported: 07/27/2000 1620 E BRUNDAGE LANE Date Received: 07/06/2000 BAKERSFIELD, CA 93307 Laboratory No.: 00-07762-1 Attn: ERIC PORTER 327-7073 Sample ID: CS-1 (COMPOSITE) Sampling Date/Time: 07/06/2000 @ 13:30 Title 22 Waste Type: Type i: Millable Solid - No Free Liquid Sample Collected By: MIKE GRAHAM Regulatory Criteria Method STLC TTLC Constituents Sample Results Units P.Q.L. Method mq/L mq/kq Antimony None Detected mg/kg 50 SW-6010 15. 500 Arsenic *08 29. mg/kg 5 SW-6010 5.0 500 Barium 1000. mg/kg 5 SW-6010 100. 10000 Beryllium None Detected mg/kg 5 SW-6010 0.75 75 Cadmium *04 None Detected mg/kg 5 SW-6010 1.0 100 Chromium *42 260 mg/kg 5 SW,6010 560. 2500 Cobalt 60 mg/kg 25 SW-6010 80. 8000 Copper * 840 mg/kg 5 SW-6010 25. 2500 Lead * 1100 mg/kg 25 SW-6010 5.0 1000 Mercury * 30 mg/kg 10 SW-7471 0J2 20 Molybdenum *04 35 mg/kg 25 SW-6010 350. 3500 Nickel *42 200 mg/kg 25 SW-6010 20. 2000 Selenium 20 mg/kg 5 SW-6010 1.0 100 Silver None Detected mg/kg 10 SW-6010 5.0 500 Thallium None Detected mg/kg 50 SW-6010 7.0 700 Vanadium 80. mg/kg 5 SW-6010 24. 2400 Zinc *05 7200. mg/kg 25 SW~6010 250. 5000 (See Last Page for Comments, Definitions, and References) All results listed in this report are for the exclusive use of the submitting party. BC Laboratories, Inc. assumes no responsibility for report alteration, detachment or third party interpretation. 4100 Atlas Court * Bakersfield, CA 93308 * (661~327-4911 * Fax(661~327-1918 * www.bclabs.com NOTE TO FILE RE: Notice to Comply issued June 30, 2000 to Sierra Iron & Metals Company On Thursday, July 6, 2000 at 1300 1 was present to witness and approve the waste analysis sampling of the resultant dirt pile from the scrap metal operations on site. The dirt pile that was samples was the resultant dirt after sieve screening and magnetic removal of residual metals from the larger (30' high x 50' diameter) stockpile of metals and dirt. The larger stockpile of both dirt and metals is located in the far NE comer of the site. The smaller (6' high x 10' diameter) resultant dirt pile after screening and metals removal is located SW of the larger pile, between the rail spur and the yard fence. Only the resultant dirt pile was sampled. Sampling was performed by Mike GRAHAM, Field Technician for BC Laboratories. Sample #1 was a composite sample taken from three separate and equidistant areas across the East-West equator of the dirt pile. Sample #2 was a discreet sample obtained from the North end of the pile. Sample #3 was a discreet sample obtained from the South end of the dirt pile. Samples were placed into clean jars and labeled, "CS-l, DS-2 North, DS-3 South." Split samples were provided to Eric PORTER, Operations Manager for Sierra Iron. Sampling locations and designations were approved by me on site prior to being obtained. A chain of custody was completed on site and signed by GRAHAM. The sample jars were placed in an ice chest for transportation the BC Labs by GRAHAM. A copy of the chain of custody was provided to PORTER. Samples are to be analyzed for Chlorinated Hydrocarbons and CAM-17 toxic metals, as per my direction. /s/ Howard H. Wines D June 30, 2000 Mr. John Sacco Sierra Iron & Metal Company FIRE CHIEF P.O. Box 1340 RON FRAZE Bakersfield, Ca 93302 ADMINISTRATIVE SERVICES 2101 UH' Street Bakersfield. CA 93301 NOTICE TO COMPLY VOICE (661) 326-3941 FAX (661) 395-1349 RE: Dirt and Debris Stockpile Located at 1620 E. Brundage Lane in Bakersfield SUPPRESSION SERVICES 2101 "H" Street Bakersfield, CA 93301 Deal' Mr. Sacco: VOICE (661) 326-3941 FAX (661) 395-1349 It has recently come to the attention of the Office of Environmental Services that a PREVENTION SERVICES California listed waste is being handled at the above referenced site. "Handle," as is 1715 ChesterAve. clef'meal in the California Health and Safety Code, Sections 25501(1) and 25501.3, means Bakersfield, CA 93301 VOICE (661) 326-3951 to use, generate, process, produce, package, treat, store, emit, discharge, or dispose of FAX (661) 326-0576 this material in any fashion. ENVIRONMENTAL SERVICES 1715 ChesterAve. Thc waste being handled at the site has been identified as a dirt and debris by-product of Bakersfield, CA 93301 metals recycling (California Hca]th and Safety Code 25124), and if meets certain VOICE (661) 326-3979 FAX (661)326-0576 criteria, is regulated as a "hazardous waste" in California. Section 66262.1 1 of Title 22 of the California Code of Regulations requires that any person handling such a waste TRAINING DIVISION shall determine if it is hazardous according to either its concentrations, characteristics, 5642 Victor Ave. Bakersfield, CA 93308 or categorical listings within thc' Title 22 regulations. VOICE (661) 399-4697 FAX (661) 399-5763 Therefore, prior to August 25, 2000, you shall submit to this office the results of a hazardous waste analysis performed by a State licensed laborato~ on the ma~etically separated and sieve screened resultant dirt stockpiles after a representative sample has been obtained by a qualified person or representative of the testing laboratory, under a valid chain-of-custody, for the purpose of determining if the materiel'on site is a hazardous waste. Please notify me at least two wor]dn8 days in advance so that I may be present to witness and approve the waste sampling on site. If you have any questions regarding this notice, please call me at 326-3649. Sincerely, Howard H. Wines, III Hazardous Materials Specialist Office of Environmental Services KBF-7171 'CORRECTION NOTICE BAKERSFIELD FIRE DEPARTMENT N°- 960 Location Sub Div.. Blk. . Lot You are hereby required to make the following corrections at the above location: Cot. No I1 Completion Dale for Corrections Date ~/~5/~-'~ Inspector 326-3979 BAKERSFIELD FIRE DEPARTMENT ENVIRONMENTAl, SERVICES 1 ? 1 $ Chester Ave. · Bakersfield, IDA 93501 Business Phone (661) 326-3979 * FAX (661) 326-0576 FAX Transmittal / DEC-1~-1999 11:05 CCS 04 P.O! California Compliance School Training for Hazardous Waste Generators December 14, ~ff~ Dear Mr.~iey: Attached is ,a copy of the California Compliance School 2000 Calendar. The UST Training in you area is April 5a~, August 9th, and November 1st. Please let me know if you will be available to facilitate these classes?. If you have any questions please contact me at 395-4552. Thanks again for all you help. Sincerely, Bakersfield College., 1801 Panorama Drive, Bakersfield, CA 93305 · (805) 395-4047 o FAX (805) 395-4384 DECc14-1999 11:06 CCS 0~P. 0~ Tile 'flame-of. the' 'Game'is co '" Plan for compliance e;icellence lin the coming year. Sign-up for Call fomia Compliance School Courses NOW! Courses are av~iilable th~oughout the state. All ': i:. . of our courses are apprbved by mgulatgry agencies. :.. Course Codes: Location Codes: :Da"tes/CoursetI~0ea~n:' · Hazardous Waste Generator Bakersfield =i BAK ~Febmary:l-3 i~'" [LAJ. · Compliance = I:IW Fresho = FRS Fel~maiy':lS-I7 ~:. '[B~I~ Underground Storage Tank Los Angeles .Co. - LA 'February:It .lUST!. Management = usr Or,ge County = OC -March 2 }.-23 [HV¢].;..[S!] Riverside = RIV .Miirch 24! [Rl~i '.[SI) ' Hazardous Waste Refresher- Sacrhmento ~ SAC ~Apri!.:..5 ['US .~." ' '.[~..]. REF San Diego "' SD : April 25-27 ~:.' .::.[Oq... ] San Francisco = SF ,Ma~ 9-11, .~: :[LA,] sa,, -Jose = sJ :May 12 ' ~':'~]'i · Course Descriptions: jmay .t6-18 [f~ '[SACl- 'Hazardous Waste Generator Compliance IH.WI - This course 2May 1:9 . ..~ .provides basic training to help generators achiev.'e and maintain -June6-8 . .[.'~] '~' · ' ' ic'omi>l'i~.~ ~i'th ~t~t~ h~z~rdsds'v)a~t~ ia'cs 'abc} ~'e~l~tic~n~.' .... :June: 13-15 ~ :Included are four generator modules thfit cover hazardous waste ;$une"~8' ~ .... :ia~fftifiiz~ibfi,' 6n~iie' m.fin'a~.~mehi ieqti.iiem'eht~,' Pr~13ai'e'clh~s~,' ' ' :$uI~t '1t-'13 ~ ': [0C] · · . . iprev, ention, training, and traqsportation.jAn opti~nal.fifth.mochfle, iIuly' I8-20 [t-IW..]. [FRS]; ' .Augu~i 9"' [U.S~...ILAr] · covers tiered permitting. · · . · . .: ....... · .......... · ....... · .................. iAugnst t:5-17 ..131~..]. [LA]: . Underground Storage Tank Management [US.T] - This new ~ScPleml~{r 12-!41 ~ .... ,i:6u/s'e'h~ three bioi:lUles' th~it'¢tVet Wl'/y uridei'grtanit 'stoi-age · ' ' ?ep!em: ~ 15 .' ~' , tanks are regulated, detailed .informatiofi on und.erstanding tanks , September,". 26-28 [,H~]:.. ;and piping system.~, and how' to stay in c. ompliance with UST iOct°~r 3'.:-.'5 ~. '[SD]i regulations, including permit, ting, moni.toring, ahd recordkeeping. '.October l:7-1.9 '[ ..H3VI:. [$F] 'October 25 [US....~! '[$".!.)- tIazardons Waste Refresher [REFI -- Be bro~ght up-to-date on ;N0vember 1 ' [us.T'..'.'! [.SD] the latest requirernents for g~nerators o}' hazardous waste. By ~NoyemberT-9 ~... [LA] popular demand, our new R~fresher Coflrse was. designed for ~November 10 .~ [IAI. those who have already attct!.ded the Hazardous.Waste Generator ;November 14-.t6 [H~]':' ..... Compli.~c.e.Co.urs¢ ~d w .an.t .an upd. at.e.'.o.f [he.rcgulalo. ry ,:hanges, .. December..5:7.. '~i'::"'[~ ' · In less than one day you can-be broughtlcurrent bn all the changes " : .. ,. -affecting hazardous waste g?erators. roz~L 06/17/00 14:26 8661 326 0576 BFD HAZ MAT DIV ~001 *** ACTIVITY REPORT *** TRANSMISSION'OK TX/RX NO. 6952 CONNECTION TEL 3228759 CONNECTION ID SIERRA INTERNATI START TIME 08/17 14:24 USAGE TIME 01'33 PAGES 3 RESULT OK · ~- ~lete items 1, 2, and 3. Also complete itL~d if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. C. Signature ~ _ _/ · Attach this card to the back of the mailpiece, b~ [] Addressee or on the front if space permits. D. Is delivC-y address different from item 1 ? [] Yes 1. Article Addressed to: If YES, enter delivery address below: [] No AGENT FOR SERVICE J~OEN SACCO P 0 BOX 1340 BAKESFIELD CA 93307 3.~rvice Type 'f~,"Certified Mail [] Express Mail ~: 1620 F. BR~t~I-DA~E ~ [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes 2. Article Number (Copy from service label) z 410 286 925 r~3811, July 1999 Domestic Return Receipt lO2595-99-M-1789 itu if Restricted Delivery is desired. · Print your name and address on the reverse C. Signature so that we can return the card to you. · Attach this card to the back of the mailpiece, X/-~//¢¢f.~~¢~ [] Agent or on the front. if space permits. [] Addressee D. Is delivery ad. dress different from item 17 [] Yes 1. Article Addressed to: If YES, enter delivery address below: [] No SIEI~RA INTERNATIONAL MACHINER P O BOX 1340 BAK~RSFIEED CA 93302 3. Service Type ~] Certified Mail [] Express Mail RE~: 1620 E BRUNDAGE LN [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes PS r;~.~381 1, July 1999 Domestic Return Receipt 102595-99-M-1789 US Postal Service US Postal Service -~..- ~ Receipt for Certified Mail Receipt for Certified kCcail No Insurance Coverage Provided. No Insurance Coverage Provided. uo no~ u~e ,u, international Mail (See reverse) Do not use for International Mail (See reverse) Se~H~ SACCO sent~°IEREA INTEI~ATIONAL I~A~ Street & Number : P O BOX 1340 Street & Number P 0 BOX 1340 Post Office, State, & ZiP Code Post Office, State, & ZIP Code BAFF. R.~FIELD CA 93307 BAKERSFIELD CA 93302 Postage $ .3 2 Postage $ .3 2 Certified Fee 1 · 10 _ Certified Fee" - 1.10 :~ Spedal Delivery Fee Spedal Delivery Fee ., - Restricted Delivery Fee Restricted Delivery Fee ~3 3 1.10 ~ Return Receipt Showing to ~)Return Receipt Showing to 1.10 ~ Whom & Date Delivered - Whom & Date Delivered -- :-~ Return Receipt Showing to Whom, . ~etum Receipt Shov~cJ ~ ~, < Date, & A~dressee's Address Date, & Addressee's Address ~ TOTAL Postage & Fees $ 2.5 2~ ~ TOTAL Postage & Fees $ 2o 5 2 ~ ~ Postmark Or Date ~ Postrnark or Date ~ o LL. ....-....~, ¢_~ n(D C~RRECTION N 0 T~C E BAKERSFIELD FIRE DEPARTMENT N°_ 9 7 8 Location Sub Div. Blk. . Lot You are hereby required to make the following corrections at the above location: Cot. NO Completion ~ate for Corrections Inspector 32~-3g?g O ~CITY OF BAKERSFIELD FIRE DEPARTMENT ~t~ ~k~ ~l~ OFFICE OF ENVIRONMENTAL SERVICES ~~~ ..',~'!~'~ UNIFIED eaoGa~n INSPECTION CHECKLIST 1715 Chester Ave., 3ra Floor, Bakerstield, CA 93301 FACILITY NAME ~'~ tOM INSPECTION DA'rE Section 4: Hazardous Waste Generator Program EPA ID # [] Routine [] Combined [] Joint Agency 'l~l. Multi-Agency [] Complaint [] Re-inspection OPERATION C V COMMENTS Hazardous xvaste determination has been made EPA ID Number (Phone: 916-324-1781to obtain EPA ID #) Authorized for waste treatment and/or storage Reported release, fire. or explosion within 15 days of occurance Estahlished 0,' maintains a contin~oencv plan and trainin~ Hazardous waste accumulation time frames Containers in good condition and not leaking Containers are compatible with the hazardous waste Containers are kept closed when not in use Weekly inspection of storage area Ignitable/reactive waste located at least 50 feet from property line Secondary containment provided Conducts daily inspection of tanks Used oil not contaminated with other hazardous waste ~" Proper management of lead acid batteries including labels Proper management of' used oil filters Transports hazardous waste with completed manifest Sends manifest copies to DTSC Retains manifests fbr 3 years Retains hazardous waste analysis fi)r 3 years Retains copies of used ()il receipts ~br 3 years Determines if waste is restricted fi'om land disposal C=Compliance V=Violation Inspector: ~ t'/O ~ Office of Environmental Services (805) 326-3979 Business"~t~esponsible Party \Vhite - Env. Svcs. Pink - Business Copy