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CITY OF BAKERSFIELD
OFFICE OF ENVIRONMENTAL SERVICES
1715 Chester Ave., Bakersfield, CA (661) 326-3979
APPLICATION TO INSTALL AND/OR REMOVE
ABOVE GROUND STORAGE TANK(S) ~_ q ~ ~
In conformity with provisions of pertinent ordinances, codes and/or regulations, permission is
hereby granted to:
Name of Company Address
to display, store, install, use, operate, sell or handle materials or process involving or creating
conditions deemed hazardous to life or property as follows:
subject to the provisions and/or limitations as provided. Violation of pertinent ordinances, codes
and/or regulations shall void this permit.
Permit Denied ,~"- ~" t0~ Date
Approved by: Applicant Name (print) Applicant Signature
THIS APPLICATION BECOMES A PERMIT WHEN APPROVED
Crash posts installed as follows:
A. Constructed of schedule 40 or 80 steel not less than 4 inches in diameter and concrete filled.
B. The steel pipe must be a minimum of 6 feet long.
C. Set not less than 3 feet deep in a concrete footing of not less than 15-inch diameter.
D. Set with the top of the posts not less than 3 feet above ground.
E. Spaced not more than 4 feet between posts on center.
F. Located not less than 5 feet from the tank.
i
3'
/
~--15'(,. >
Crash posts installed as follows:
A. Constructed of schedule 40 or 80 steel not less than 4 inches in diameter and concrete filled.
B. The steel pipe must be a minimum of 6 feet long.
C. Set not less than 3 feet deep in a concrete footing of not less than 15-inch diameter.
D. Set with the top of the posts not less than 3 feet above ground.
E. Spaced not more than 4 feet between posts on center.
F. Located not less than 5 feet from the tank.
MAILING ?'~~ WHOLESALE ACCOUNTING/CREDIT OFFICE
P.O. Box 82277 3101 State Road
Bakersfield, CA93380-2277 iNFcU ES Bakersfield, CA93308
"~ 'J~'~~(. PHONE: (661) 393-7000 · FAX: (661) 633-7563
November 11, 2003
Ralph Huey
Director of Prevention Services
Bakersfield Fire Department
1715 Chester Avenue
Bakersfield, CA 93301
Re: Consent Agreement Order, Docket No. 2003-11
Mr. Huey:
This letter is to confirm our discussion of October 28, 2003, and my subsequent
conversation with Howard Wines on October 31, 2003. Per those conversations, it is my
understanding that Bakersfield Fire Department, acting as the Certified Unified Program
Agency, has accepted the written response of Wholesale Fuels, Inc., to the Consent
Agreement Order issued by BFD on September 3, 2003, and that WFI may proceed as
outlined in said written response. It is further understood that WFI will receive a letter of
compliance from BFD upon CO~p!etion of the items listed in that response.
Sincerely,
Robert T. Hardcastle
RTH/sz
STATE OF CALIFORNIA
CITY OF BAKERSFIELD
CERTIFIED UNIFIED PROGRAM AGENCY
In the Matter of: Docket No.: 2003-11
WHOLESALE FUELS, INC. CONSENT AGREEMENT ORDER
A California corporation (C1104341 )
Health and Safety Code Section
Respondent. 25187
INTRODUCTION
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
Consent Agreement Order (Order) to Wholesale Fuels, Inc., a California corporation
(C1104341).
1.2. Site. Respondent generated, handled, treated, stored, and/or disposed of
hazardous waste at the following site(s), including, but not limited to: 2200 East
Brundage Lane, Bakersfield, CA 93307.
1.3 Generator. The Respondent generated the following hazardous wastes:
Used Oil, a "listed" hazardous waste pursuant to Article 13 of Chapter 6.5 of the
California Health and Safety Code, Section 25250 et seq.
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.
1
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 25250.5(a): The disposal of used oil by discharge to sewers,
drainage systems, surface water or groundwater, watercourses, or marine waters; by
incineration or burning as fuel; or by deposit to land, is prohibited, unless authorized
under other provisions of law. On July 18, 2003 a Correction Notice (No. 04944) was
issued to Wholesale Fuels, Inc. specifying immediate compliance with used oil
discharge prohibitions. On August 13, 2003, a follow-up inspection documented
continued non-compliance with the original July 18, 2003 Correction Notice.
SCHEDULE FOR COMPLIANCE
3. Based on the forgoing DETERMINATION OF VIOLATIONS, IT IS
HEREBY ORDERED THAT:
3.1 Respondent shall make arrangements to prevent the discharge of used oil
to the land. Respondent shall also maintain the facility operation in compliance with all
applicable laws and regulations governing fire prevention and environmental protection,
including but not limited to, an assessment of the oil discharge areas to verify the
existence of a sufficiently impervious containment structure beneath the horizontal oil
storage tanks, and compliance with the current federal requirements for a Spill
Prevention Control and Countermeasure (SPCC) plan, pursuant to Title 40 of the Code
of Federal Regulations (CFR) Part 112 et seq. addressing free product removal, loading
area procedures to prevent discharges, and loading area containment and/or
diversionary structures for any accidental releases during transfer.
3.2 Submittals. A copy of the assessment, SPCC plan, and any engineering
and administrative control documentation designed to prevent future used oil releases in
violation of the hazardous waste control law, shall be forwarded within thirty (30) days
frOm the date of this Order (i.e. prior to October 3, 2003) to:
2
Mr. Ralph Huey
Director of Prevention 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 Prevention Services or his/her designee. No informal advice, guidance,
suggestions, or comments by the CUPA regarding reports, plans, specifications,
schedules, or any writings by the Respondent shall be construed to relieve Respondent
of the obligation to obtain such formal approvals as may be required.
3.4 CUPA Review and Approval. If the CUPA determines that the schedule,
or other submitted for approval pursuant to this order fails to comply with the order or
fails to protect public health or safety or the environment, the CUPA may:
a. Modify the document as deemed necessary and approve the document as
modified, or
b. Return the document to Respondent with recommended changes and a
date by which Respondent with recommended changes and a date by which
Respondent must submit to the CUPA a revised document incorporating the
recommended changes.
3.5 Compliance with Applicable Laws. Respondent shall carry out this Order
in compliance with all local, State, and federal requirements, including but not limited to
requirements to obtain permits and to assure worker safety.
3.6 Endangerment during Implementation. In the event that the CUPA
determines that any circumstances or activity (whether or not pursued in compliance
with this Order) are creating an imminent or substantial endangerment to the health or
welfare of people on the site or in the surrounding area or to the environment, the CUPA
may order Respondent to stop further implementation of this Order for such period of
time as needed to abate the endangerment. Any deadline in this Order directly affected
3
by a Stop Work Order under this section shall be extended for the term of the Stop
Work Order.
3.7 Liability. Nothing in this Order shall constitute or be construed as a
satisfaction or release from liability for any conditions or claims arising as a result of
past, current, or future operations of Respondent...other than those violations alleged in
section 2 of this order. Notwithstanding compliance with the terms of this Order,
Respondent may be required to take further actions as are necessary to protect public
health or welfare or the environment.
3.8 Data and Document Availability. Respondent shall permit the CUPA and
its authorized representatives to inspect and copy all sampling, testing, monitoring, and
other data generated by Respondent or on Respondent's behalf in any way pertaining'
to work undertaken pursuant to this Order. Respondent shall allow the CUPA and its
authorized representatives to take duplicates of any samples collected by Respondent
pursuant to this Order. Respondent shall maintain a central depository of the data,
reports, and other documents prepared pursuant to this Order. All such data, reports,
and other documents shall be preserved by Respondent for a minimum of three years
after the conclusion of all activities under this Order. If the CUPA requests that some or
all of these documents be preserved for a longer period of time, Respondent shall either
comply with that request, deliver the documents to the CUPA, or permit the CUPA to
copy the documents prior to destruction.
3.9 Government Liabilities. The City of Bakersfield shall not be' liable for
injuries or damages to persons or property resulting from acts or omisSions by
Respondent or related parties '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 Enfomement Actions. By issuance of this Order, the CUPA
does not waive the right to take further enforcement actions.
4
3.11 Incorporation of Plans and Reports. All plans, schedules, and reports that
require CUPA approval and are submitted by respondent pursuant to this Order are
incorporated in this Order upon approval by the CUPA.
3.12 Extension Request. If Respondent is unable to Perform any activity or
submit any document within the time required under this Order, the Respondent may,
prior to expiration of the time, request an extension of time in writing. The extension
request shall include a justification for the delay.
3.13 Extension Approvals. If the CUPA determines that good cause exists for
an extension, it will grant the request and specify in writing a new compliance schedule.
3.14 Penalties for Noncompliance. Failure to comply with the terms of this
Order may also subject Respondent to costs, penalties, and/or punitive damages for
any costs incurred by the CUPA or other government agencies as a result of such
failure, as provided by HSC section 25188 and other applicable provisions of law.
3.15 Parties Bound. This Order shall apply to and be binding upon
Respondent, and its officers, directors and agents, including but not limited to
individuals, and upon the CUPA and any successor agency that may have
responsibility for and jurisdiction over the subject matter of this order.
PENALTY
4. The CUPA assesses a penalty of $ 3,000. Payment of the total penalty of
$ 3,000 is due within thirty (30) days from the effective date of the Order. Respondent's
check shall be made payable to City of Bakersfield, Certified Unified Program Agency,
and shall identify the Respondent and Docket Number, as shown in the heading of this
case. Respondent shall deliver the penalty payment to:
Ms. Susan Chichester
Business Manager
City of Bakersfield Fire Department
2101 H Street
Bakersfield, California 93301
5
A photocopy of the check shall be sent to:
Mr. Ralph Huey
Director of Prevention Services
City of Bakersfield
1715 Chester Avenue
Bakersfield, California 93301
5. This Order is final and effective upon execution by the City and
Respondent.
6. "Days" .for purposes of this Order means calendar days.
Date of Issuance: September 3, 2003.
M.~ ~'
D irec~ev~tion Services Dat~"'~~'"
City of Bakersfield
Wholesale Fuels, Inc. Date
Typed or Printed Name of
Respondent's Representative
cc: Mr. Allen Shaw
Deputy City Attorney
City Attorney's Office
City of Bakersfield
1501 Truxtun Avenue
Bakersfield,CA93301
6
w~o,~s^~, ~,~s, ~,o. .o. 6 319 3
DATE
(:)9 / 29 / 03 2003-11 3_ ,. (')(')(').... (')¢).. . C)(]) 3,0()0 .01')_
DETACH BEFORE DEPOSITING
' H F BANK OF AMERICA
....W OLESALE UELS, INC. P.O. BOX 82277 BAKERSFIELD CA 93380-2277
1220
i (661 ) 393-7000 BAKERSFIELD. CA 93301
.+,, .o. 6 319
;; DATE CHECK NUMBER DISCOUNT AMOUNT
:': (')9/.':..(')/2(')(')~ 65195 ******.5 OOO 00
~."*~"Three Thousand and 00/100 Dol lets WHOLESALE FUELS. LNg.
.~ PAY ]O THE ORDER OF:
':X,,. "CUP" AGENCY FOR THE CITY OF BAKERSFIELD "
,, ...............................................................
~i' FIRE DEPARTMENT .
2101
STREET
,'.~ ..,-,.: ...... ]¢,, .~,.-..'.,.~ ...~..... ~
i~ BAKERSFIELD, CA 93301 -'-" '" .....
:'?~.~';'. '-:3~.~.' ':~'~.~:~ ::-'~ '%~!:: i"- ~. ~-;~: <-}~,~?i' '. -~-' .."~Y.~?! 23--~4.~.t'i :;:.~-,,,~_:;X. ';~..-,,,~,...~ i::-.~=~.: '.--.:--"'~':~-'-':~ :.:t~--,,~?z~ ' :.:~'~%'.'.~%..~=¢:. t:_~ J 2':~,-, ~.,~r_.~y. '%-,~,.%-': ~.~ _.~..-:~ {:~T--"~"-~ > '.-~:~-~;::~ ~%.-,m,-~.:: ¥i~}-:]~.',~
FROM : SUNSET MECHANICAL PHO~ NO. : 6618711788 0¢~. 08 2~ 12:~SAM P~
OCT 05 ~00~ 1~:~? ~K5FLD FIRE PREVEHTIOM (GG11852'--~I?Z p. I
CITY OF BAK~RS~D
OFFICE OF ENVIRONMI~NT~L SERVICES
1715 Chester Ave., Bakersfield, CA (661) 326-3979
Wholesale Fuels, Inc.
P. O. Box 82277 * Bakersfield, California 93380-2218
Bulk Plant · 2200 E. Brundage Ln. · Bakersfield, California 93305 · (661) 327-4900
ROBERT T. HARDCASTLE
(661) 395-6121
Fax (661) 327-2310
RTH~jaco.com
October 3, 2003
Ralph E. Huey
Director of Prevention Services
Bakersfield Fire Department
1715 Chester Avenue '
Bakersfield, CA 93301 HAND DELIVERED
Ke: Consent Agreement Order
Docket No. 2005-11
Health and SafetF Code Section 25187
Dear Mr. Huey,
Pursuant to the above referenced Consent Agreement Order (the "Order")
and our informal hearing at your offices conducted September 3, 2003, please find below
our responses to the Order issued by the Cenkfied Unified Program Agency ("CUPA'). As
required by section 3.1 of the Order, Wholesale Fuels, Inc. C'WFr') shall make
arrangements to accomplish the following:
(1) prevent discharge of used oil to the land.
(2) maintain the facility operation in compliance with all applicable laws and
regulations governing fire prevention and enviromental protection.
(3) assess the oil discharge areas to verify the existence of a sufficiently impervious
containment structure beneath the horizontal oil storage tanks.
.(4) comply with the current federal requirements for a Spill Prevention Comrol
and Countermeasure Plan ("SPCC" or the "Plan") pursuant to 40 CFR 112 et
seq, which addresses free product removal, loading area procedures to prevent
discharges, and loading area containment and/or diversionary structures for any
accidental releases during transfer.
WFI considers compliance with each of these issues very seriously as outlined in our
action plan set forth below:
October 3, 2003
Ralph E. Huey
Director of Prevention Services
Bakersfield Fire Department
Compliance Item #1: Preventing Discharge of Used Oil
WFI proposes a mechanical, operational, and administrative remedy to prevent oil
discharges.
(a) Mechanical - WFI is currently reviewing plans to construct two loading area
catchment basins located (i) immediately to the east of the horizontal storage
tanks and, (ii) immediately to the west of the vertical storage tanks (see Exhibit
"B" Truck Loading Area Improvements attached hereto). This development
will capture any released product on a concrete surface dkected to a lower
elevation and diverted to the existing impervious secondary containment area
where the collected product can be periodically disposed of. Further, WFI is
now completing a retrofitting of all oil delivery trucks with hydraulic
compressions couplings that will reduce future leakage to very small amounts
to be collected in the catchment basins described above.
(b) Operational - Since September 3, 2003 all WFI lubricants drivers have
received additional training in the proper materials handling methods of
lubricants loading and unloading. This training includes the use of portable
collection containers to be placed under connection points to capture leaking
product. WFI's drivers have also been advised to immediately report the
existence of any chronically leaking oil connection fitting to their supervisor. In
the event oil is inadvertently discharged to the ground, WFI's drivers have
been trained in the proper method to dean up discharges. All WFI lubricants
drivers are required to immediately report any spill incident to the immediate
supervisor.
(c) Administrative - WFI's compliance action plan also includes enforcement. WFI
drivers have been advised that failure to comply with the requirements of the
Order wig result in employment disciplinary action including employment file
memorandums, loss of productivity bonuses, loss of safety program bonuses,
infractions under WFI's long standing Dedicated to Excellence ("DTE") safety
program, and the posting of any violating offenders.
Compliance Item #2: Maintaining Facility in Compliance with Applicable Laws
WFI believes in the strict compliance of all applicable laws, ordinances, and regulations.
We make a strong effort to maintain a high level of awareness of the changing regulatory
scheme. Despite these efforts it is very difficult, if not impossible, to never have a product
discharge incident. We appreciate the efforts of the Bakersfield Fire Department ("Bled'')
and CUPA to keep us abreast of these requirements. It should be noted that the July 18,
October 3, 2003
Ralph E. Huey
Director of Prevention Services
Bakersfield Fire Department
2003 BFD inspection was an inspection requested by WFI for exactly this purpose. This
seriousness of purpose is demonstration of the regard given such matters by WFI.
Compliance Item #3: Impervious Structural Containment Under Horizontal Storage Tanks
Attached hereto please find Exhibit "C": Verification of Asphalt Material Sub-surface for
your consideration. This report has been issued by a contractor performing WFI's facility
maintenance for many years and is well versed in the status of sub-surface conditions
· throughout the facility. Sunset Mechanical Co. ("Sunset") has verified the existence of an
extensive sub-surface asphaltic layer of materials under the horizontal storage tanks and at
other locations throughout our facility. This sub-surface material is sufficiently impervious
to prevent seeping of discharged oil from contaminating groundwater. Sunset has
identified no less than eighteen examination points at which the sub-surface material was
observed.
Based on the existence of this sub-surface material, verified by an independent contractor,
WFI believes that CUPA's concerns for underground contamination of groundwater
should be alleviated.
Compliance Item ~4: SPCC Plan
Attached hereto please find Exhibit "D": SPCC Plan for WFI which is a current copy of
the Federal Plan required by 40 CFR 112.
Pursuant to your request during the informal hearing please be advised that WFI
intends to remove and dispose of materials in the secondary containment areas at least on
a semi-annual basis. We intend to test samples from the containments areas and, if
sufficiently dean, re-use the collected materials as a dust control product at our facility. In
our opinion, the appropriate use of such materials in this manner is a preferred alternative
to contracting with a commercial enterprise to spread dust control oil in the same area. Of
course, WFI would be pleased to cooperate with BFD and CUPA regarding the collected
materials test results and dust control spreading activities.
Another issue of serious concern and interest to WFI is the violation itself. Section
2 of the Order provides that WFI violated section 25250.5(a) which relates to the disposal
of"used oil". The term "used oil" is a defined term pursuant to section 25250.1(a)(1)(A)
meaning "any oil that has been refined from crude oil .. :. that has been used, and, as a
result of use or as a consequence of extended storage or spillage has been contaminated
with physical or chemical impurities." Section 25250.5(a) goes on to say that disposing of
3
October 3, 2003
Ralph E. Huey
Director of Prevention Services
Bakersfield Fire Department
such "used" oil is a hazardous waste violation of the California Health and Safety Code
("H&SC"). Further, BFD Correction Notice//04944 dated July 18, 2003 also states that
WFI's violation is related to the disposing of"used" oil.
After numerous BFD inspections and dose examination of the issues related to the
Order it should be dear that WFI's alleged violation did not relate to "used" oil as defined
by H&SC section 25250. l(a)(1)(A). In fact, the materials handling of oil at both the
horizontal storage tanks and the vertical storage tanks do not contain "used" oil pursuant
to this definition. Further, only on rare occasions does WFI involve itself with the
materials handling of "used"' oil at all. The laboratory results of testing both allegedly
contaminated soil and secondary containment liquids provided no evidence of
contamination by "used" oil. Factually, any contaminated detect described by the
laboratory reports is related to "virgin" oil - not "used" oil as defined by the applicable
statutes and BFD's Notice of Correction//04944.
Thus, it can be concluded that the actual discharged oil has no more contamination
toxicity than virgin oil spread across WFI's facility as a dust control mechanism. Any
"used" oil, as defined by the applicable code, and hazardous waste generated by WFI is
disposed of in accordance with applicable regulations and requirements. In conclusion to
this point, WFI does not agree with BFD that the cited statutory violation is applicable in
this case because of the absence of "used" oil as defined by the above referenced statute as
discussed herein.
During the informal heating of September 3, 2003 you indicated that BFD was
also "concerned" about WFI's high-piled warehouse storage but, at the present time, was
not contemplating the issuance of any citation or subsequent regulatory enforcement
action. Accordingly, BFD prOmised to provide WFI a copy of the applicable section of the
applicable fire codes related tO this point. To date, WFI has not received such information
and would appreciate BIrD forwarding this information at their earliest convenience.
.Further, in accordance with section 4 of the Order please find a copy of our check
in the amount of $3,000.00 as' required therein.
W-FI is committed to compliance of environmental and health and safety
regulations related to our operations. We believe that WFI's response to the Order, as
provided herein, is ample indication of this commitment.
October 3, 2003
Ralph E. Huey
Director of Prevention Services
Bakersfield Fire Department
Enclosures (as applicable)
cc: RTH correspondence file
<other>
Exhibit A: Results of Testing by BC Laboratories
rCertitied Analytical Report Page 1 of 1
HOLE-SHOT CONSTRUCTION
P,O, BOX 21030
BAKERSFIELD, CA 93390
Attn: JOYCE FARMER
Volatile Organic Analysis (EPA Method 8260)
CDC Number --- Receive Date/Time 08,,'14/20(33 @ 13:36
Project Number --- Sampling O~teFl'ime 08i14/2003 @ I5;18
Sampling Location WHOLESALE Samp(e Depih ---
Sampling Point LIQUID . _ .Sample Matrix Liquid
Sampled By --- BCL Sample ID 03-07610-1
~enxene ........... < PQL ~_~?L 200 15 82~ 08;'15.,'C3 08/15;C3 06:57 MWB MS-D1 250 37t-10,3253 ND
~?~1~.~ ........ < PQL ug:'L 200 28 82~ 08,,'15~.3-30&,'1~03 06:57 MWB MS-DI 250 37f-100253 ND
Tolbene < PQL ug.:L 200 21 82~- 08~1 ~"2'3 0&~15"~,3 06:57 MWB MS-DI 250 37f-1,30253 NO
Total Xylen~ < PQL ug;L 300 59 82~2. 0&,'l 5:~,3 0~'1[;03 06:57 MWB MS-DI 250 37~-1~3253 NO
t-A%~yl Methy~ ethe~ < PQL u;?_~_ 500 43 82~. 0~;15.'C,3 0&;15:03 .25:57 MWB . MS-D1 250 372-12.3251
t-B~'l a'~hol ....... ?.~Q_L_.~?'~ 3000 2900 8'250 0&,'15~03 0&.'1~,'03 C~:57 MWB MS.O1 250 372-130251 NO
D~isoprocy~ether < PQL u¢,.'L 300 30 8250 0&¢15.'03 0~'15:03 ~,~:57 MWB MS-D1 250 372-1~3'251 NO
Ethylt-~.tyl e:her < PQL u~,'L 500 40 8250 C&,'15,'03 ,~,'15.'03 06:57 MWB MS-D1 250 372-130251
Methyl t-bu',y[ ether < PQL ug,'L 200 20 8260 ,~.~'15,'03 0&,'15~03 ~6:57 MWB MS-D1 250 371-1022~ ND
~~:~ch!oro¢~ne-d4 98 % 76-114 8260 0815¢03 0~'15:03 06:57 MWB MS-D1 250 371-1~32~
~en~~ ..... 97 % 88-11C- 8260 E,&,'tS¢O3 =,&,'15¢03 06:57 MWB MS-D1 250 371-1~3~
J4-Bromofl:Joro~nzene 130 % 86-115 8260 08¢~5~03 06¢15/03 06:57 MWB MS-D1 250 371-1C,32~
California DOHS Cedification ¢1186
Prin ted 08)2 6,"20 03 16:44:31 03-0 7 6 t 0-1
Certified Analytical Report PaBe 1 of 3
Laboratories, Inc
HOLE-SHOT CONSTRUCTION
P.O. BOX 21030
BAKERSFIELD, CA 93390
Attn: LAREN KAUFMAN
Volatile Organic Analysis (EPA Method 8260)
COC Number --- ~ Receive Oa[e~ime 08.'14:~2_C,~_~ 12:50
Sampling Location WHOLESALE FUELS Sample Oepth ---
S~m.pling Point ... SOIL ~ STOCKPILE Sample Matrix . ~o:. 9Z Sediment
Sampled By LAREEN ~UFMAN BCL Sample ID 03-g7~05-1
l [
Constituent
Re-'~;;~ nit::';' ':~::': '~:=': "t ' . .' ;.:: 't:: ",..a'
.........
Benzene < pQ_ mB.~g 0.C3 0.0040 8260 08!26:'03 08,'26:03 ~6:0~ JJH2 r'S-V! 5 ?~-'2:~392 ND
'Bromobenze-e < PQL m9%g 0.C3 0.0032 8260- 0~'26.'03 08:26.'03
Bro~och:o;c. methaqe < POL mg-~g 0.,~3 0.0035 8260 0~26:03 08~26:03 t8:0! JJH2 ~'.S-Vg 5 375-' :-:2.92 ND
Bmmod;ch'o;ometha:39 < PQL m~.~g 0.C3 0.0040 8260 0&¢26:03 08/26~03 ~6:0~ JJH2 r's-'~.'[ 5 37~-- :-:2.92 ND
Bromo'orm < PQL rog-Ag 0.C3 0.0018 6260 08~26.'03 08.~26:03 ~6:01 JJH2 r'S-L-'~ 5 3~-'z2392 ND
8~omo,me?~ne ......... ~ PQL mB.Ag 0.C3 0.0090 .8260 08,'26:03 08,'26:03 ~6:0~ JJH2 r's-v~ 5 37~-' ::392 ND
n-Bu~45enzene < PQL rog. Ag 0.C3 0.0045 8260 08~26.'03 08:26:03 ~6:0~ JJH2 r'S-Vg 5 37~_- ZZ292 ND
sec-Buty:benzeqe < PQL ~,9-~g 0.C3 0.0026 8260 0&'26.'03 0~26.'03 16:0~ ~JH2 ~'S-V5 5 37~_- :;392 ND
!e~-Buty'.benzene < PQL rog. Ag 0.C3 0.0040 8260 08~26;03 08/26]03 ~6:01 JJH2 r.'~-vg 5 ?~-'z2292 ND
Car~ntetrac~loride < PQL rog.Ag C.C-3 0.0027 8260 08~26,'03 08~26.'03 16:01 jJH2 r'.s-'.J~ 5 .37~-' ~22~2 ND
Ch~oro. b~nz~r,e < PQL mg&g C.C3 0.0031 8260 08,'26:03 08:26.'03 :6:0~ ,JH2 .... r's-'.'.~ . ~_. _ .~7~_- z:292 HD
~o(ce/hane < PQL reg.'kg O.C:3 0.00~ 8260 08~26i03 08,'26.'03 ;6:01 JJH2 ['S-.V.~ .~ 3~-' ~z292 ND
Ch~orc.form < PQL mg&g C..O3 0.0031 8260 08~26:03 08~26.'03 t6:01 JJH2 r'S-Vg 5
Ch;o-'omethare <PQL mg.~ ,:..53 0.0062 8260 08,'26:'03 08~26,'03 ~6:0! JJH2 r'S-V~ 5 37~--::~92 ND
2-Chloro/c'.uerle < PQL rog.Ag 0.03 0.0039 8260 08,'26:03 08,'26,'03 '6:01 JJH2 r'S-%.'g 5 37? ~3~2 ND
4-C~loro~c'.usne < PQL rog:kG C'.g'3 0.0063 . 8260 08:26:'03 08.'26:03 '6'01 JJH2 r.'S-Vg S 3~-' Zz~2 ND
D;broT,0ch'c'omethaqe < PQL mg.'k.; 5.03 0.0035 8260 08;26.'03 08¢26.'03 '.6 0! JJH2 L ~-V~ 5 ~-~-' ~2~2 ND
'l,2~D~brO,TO-3-ch'o'cpropar. e ( PQL mg-~G 0.03 0.0099 8260 08,'26:03 08,'26.'03 '8:0! ,'JH2 r.'S-~,'~ 5 3-~-' Z~2~2 ND
1,2-D:bromoetha"e < PQL mg:k~ D.D3 0.0048 8260..- _[,~[~;'0~_.0~.'_26:0:3 _~6'~_ .J~ . f'g-?'~ 5 -3-%" :3~ _ ND
ID;brcmcme~han9 < PQL mg,~.; 3.03 0.0020 8260 08:26~03 08:26~03 ~6'.0~ jJH2 ~'S*'.;'g 5 7;-~-' ~2~2 ND
~ 1 2-D:chlor3benzen9 < PQL mg.A.; ~.03 0.0026 8260 08,'26:03 08;26.'03 16:0~ JJH2 ['S-'.,'g ~ ..... 2.-~-; ' 2}~2 ND
~I 3-D chlorobenzene < PQL mg.~; 3.03 0.0040 8260 08,'26:03 08:26.'03 ~6:0~ JJH2 r.'~.-z,'~. 5 2-~-"'~cc ND
',1,4-D ch[ombenzen9 < PQL mg.%~ 0.g,3 0.0038 8260 0~26:03 [,~;26:'03
. A:.~. : ~' ~.},.4--~::-.~ ~''.-'.~'~' -~' :.:~-.~'; * ~.;(:"-':~ ;-2--'.:, ~' , ,.. ~.'~ ~:-'
,
Printed 09;'05/2003 09:35:17 O3-07605-1
Cert¢ied gna;ytio81 Report Page 2 of 3
Laboratories, Inc
Volatile Organic Analysis (EPA Method 8260)
iSample Description WHOLESALE FUELS, SOIL ,:~ STOCKPILE, 08,,'I4!2003 @ 12:00, LAREEN KAUFMAN
.. i ~,~p [ ' [ Run" E.~t,~- ~ ~' CC M~:
~D=9.~;9¢~fl,-P:cmethane < PQL mg:k~ 0.03 0.0059 8260 08:26:03 08,'26,'03 ~6;01 JJH2 .... ';.:S-'.,:E 5 37~-' ::392
~ ~!,l-Dch'orcethane < PQL mg,~ 0.03 0.0030 8260 08~26.'03 08,'28i03 16:01 JJH2 L:S-VE ~ 375-' :5392
~ ~l,2-D;ch'orcethane < PQL rog:k-2 0.03 0.0027 8260 08,'26,"03 08¢26,"03 !6:01 JJH2 .'."S-Vg 5 37E.' 2:392 NB
~ _ ~. < PQL mg$~ 0.03 0.0039 8260 08¢26:03 08,'26103 16:01 JJH2 L;S,VE 5 375-' 22592
~ icis-l,2-Dichloroe':~ne < PQL mg,~.~ __ 0.03 0.0030 8260 08,'26,"03 08¢26,'03 16:01 JJH2 L:S-V~ 5 ~TE-' 3;392
~ :rans-!,2-D~ch~oroethene < PQL mgSg 0.03 0.00~ 8260 08¢26/03 08,'26/03 !6:01 JJH2 '.:S.V3 5 37E-'X592
~ 1,2-D:ch'o:'opro~ene < PQL m~9 0.03 0.0028 8260 08¢26103 08¢26/03 ~6:01 JJH2 ".. .... b-;.: _~ ~,q';-'~ 52592
~ 1,3-D:ch'o'opro~ne < PQL mg.'k~ C.C,3 0.0019 8260 08¢26!,33 08¢26,'03 !6:01 JJH2. ~.'S-'.,'E e 375-' 22392
2 2-O:ch'~?pro:.ane ........... }PQL mgck~ 0:33 0.0053 826~ 08¢26:03 08,'26:03 16:01 JJH2 '. S-'¢~ 5 . __375-' 553'3~ [.,D
1,!-Oich'oropro2ene < PQL mg&~ 0.C,3 0.0055 8260 08¢26!03 08¢26:03 16:01 JJH2 '.'S-V5 5 375-' 2:~,92 [,D
cis.l.3.DicNorap:cpene < PQL mg&~ 0.~3 0.0019 8260 08:26,'03 08,'26/03 16:01 JJH2 ~-.'3-';'5 5 27-:-' ::392 f.,D
trans-l,3-D ch'oro2ropehe < PQL .rog:k9 0.03 0.~018. _ 8260 08~26,'03 08¢26103 16:01 JJH2 ':S-'-,'~ 5 3--:-- :23.92
~t~)"ibenzene ....... < PQL mg:k~ 0.03 0.0033 8260 08:26,'03 08,'28,"03 .16:01 JJH2.. '~.3.'¥'~ 5 3-.5-' ~2 ?2
Hexac:tiorobbtad~e"e < PQL mg,~9 -5.03 0.0033 8260 08,'26."03 08¢26:03' 16:01 JJH2 '.'3.VE 5 3~5.' 22292
Iso.p-opylbe~qzene < PQL rog:kg 0.03 0.0044 8260 08¢26:0-3 08,'26,'03 16:01 JJ~ . __'_ S-'., ~ 5 2-(.' 7; ~92
p-lso~ropy:tc:ue~ < PQL rog:k9 .~:03 0.0038 8260 08,'26,,03 08¢26:~3 16:0~._~JH~_. ;'S-~-~; _.~ .....~-5-' ;;392 NB
Methy'~ene ch'orice < PQL mg,'k9 5.05 0.0072 8260 08¢26/03 08~26103 !6:01 JJH2 ' S-','[ 5 3-5-' ;;392
NaT. h.thal~ .... < PQL mg:k~ 0.~,3 0.0044 8260 08;26.'0.3. 08,'26.'03 16:01 JJH2. ' S-'.'~ ~ ......2-~-' ~ ~ 592
[n-Propy',.b~*~n~ < PQL mg.'~9 ~.~,3 0.0045 8260 08,'26103 08;26s33 ~6:0t JJH2 '-' S";'Z ~ ....... 752' ~ ~.2:72 ¢;D ....
................... < PQL mg:k~ ~.03 0.0032 8260 08~26."03 08.'26.'i~3 !6:01 JJH2 ~'S-'-.'5 5 3-'3-' ;2592
[~,~,2-Te?achloroethene <PQL mg,'k~ 0.03 0.0040 8260 08.'26/03 08~26:03 !6:01 JJH2 :':g-','S _ _~ ._~¢-'~:~.92 r-;D _. _
l:l~,2-T~t?)~o~2~.h.a~~ <PQL rog:kg ~[:03 0_0031 8260 08~26,'03 08~26[03 16:01 JJH2 7"%'-~5 _._~ ..75-'::~92
~JTe'.'achloroethe"e <PQL mg,'kg 0.03 0.0030 8260 08.'26103 08¢'26:03 16:01 JJH2 '. S-'.'5 5 ?~-'22~92
~ [~o'.uer~e , . ..... < PQL rog:kg 0.03 0.0045 8260 08~'26,'03 08,'26,'03 16:01 · JJH2 ' ~-';'~ ~ ......~-';; 5.92
~t,2.3-T:'ch:oros, enzene <PQL reg.'kg 0.03 0.0,3~2 8260 08,'26,'03 08:'26/03 16:01 JJH2 "3-'-.'5 5 _~2'E-' 5;~92
1,2.4.T(ch~oro2,enzeqe < PQL rog:kg 0.03 0.~3~ 8260 08/26.'03 08,'26,'93 16:01 JJH2 '.'S-V[ 5 2-E-' ~5.92 ~,D
~ 1,1.1-Tr:ch~oroethare < PQL mg,'kg 0.03 0.0,3'27 8260 08i26:B3 08i26:'03 16:01 JJH2 '. S-'-.'5 5 5-%'; 5 ??2
~ 1,1.2.Tdch'orcethare < PQL mg.?(g 0.03 0.0033 8260 08/26.',23 08,"26.'~3 16:01 JJH2 ' %'.'5 ~ ~--;-' -- ::'~
~ .............. ~ .... - - ..~-
~ ??tpj.2e)he,e ......... <PQL mg~(g 0.03 0.0047 8260 08,'26,:,2.3 08,26:,2~_!¢~0~ J~H2 .... "S-'.'Z 5 ~-~-':::92 ND
~ TrichloroCuc. romethare < PQL mg;Xg 0.03 0.0033 8260 08¢26/03 08,'26.'03 16:01 .2JH2 ' ?.'5 5 5-~-' ~2~2
.......................
~ ~_,~:3z~dc~?prgpare .............. ~ PQL mg&g 0.03 0.0049 8260 08.'26..03 08,'26:03 !6:01 JJH2 _.~ S '. 5 5 .~-5-'2~5:~2 ~D
O 1.~.~ ,_2.T~ic~.~¢~-l.~.2~triCuc, roe?~n~ .... < PQL mg,'1<g 0.03 0.0038 8260 08,'26:B.3 08:26!03 !6:01 JJH2 f 'S-'. ~ 5 2- ~-' :2:')2 ND
~ _,~,~.Tri~e:~'~:~enzen6 .. < PQL mg:~g 0.03 0.0035 8260 08~26!,33 08,'26."03 16:01 JJH2 ~ ?.'5 ~_. :-:-' 27~}~.
~ 1,3,.5-Tri~?5,',ber, zene <PQL ._. mg.~qg 0.03 0.0035 8260 08,'26.'03 08;26/03 '6:01 "~.H~ . r s-'.'~ 5 _. 3-;-'2.55~. ND
Pr;nted 09/05/2003 09:35:17 03-07605?
Certif'ied Ana;ytical Report Page 3 of 3
~BC~Labora,ories, blc
Volatile Organic Analysis (EPA Method 8260)
Sample Description WHOLESALE FUELS, SOIL @ STOCKPILE. 08,.'14."2003 ~ 12:00. LAREEN ~UFMAN
, ..... - 1
Constituent ] Result "-:' Uhii~;~' '-:'P '.: :.: co .. ',,*,- La'b::"
. . ..... - [~.eth~.~ . Date .]Ru~ Oate'iTime [A.a[yst m~c:13 D:?utio. E::.:h :O ' Bias"
~'~.'1F~,lorid~ ........ < PQL mg&g 0.C.3 0.011 8260 08.'26,'03.. 08:26:'03 ;6:01 JJH2 r-'-?'¢) ~_ .. ?~-' 22292
Total Xylen~ < PQL mg.~g 0.05 0.012 8260 08¢26.'03 08t26~'03 16:01 jJH2 r.'s-',-'~ ~ 3-~-' ZZZ.92 ND
Me:~yl t-but~,lether < PQL mg.~g 0.03 0.0044 8260 08.'26¢03 08,'26/03 16:0~ JJH2 r.'S-V.~ 5 75-'::292 ND
'~C 'mils I-Me.od"l; Date" IRunOate]T'~'e'[A~a'tys[ ~.~t~D Oilut:on
SurroeateCOmpounds . ~ E~suit:~ - it - ... . . . ........
l~2%~:~o'~ethane-d4~. 108 % 70-121 ~ 8260 08¢26:03 08126~03 16:01 JJH2 f-.'S:','5 5..~ 37.;-'21392
T0~,¢ene~¢~ ........ 89 % 8~-117 8260 08¢26:03 0&,'26;03 16:01 JJH2 f.'S-','5 ~. 37¢-'
4-Brcmofl~orobenzere 92 % 74-121 8260 08,'26'03 06:26;03 16:01 JJH2 f.'S-'.'~ 5 ~7~_.
Explanations 1
Flag ......
IV11 ' The Contir~Jing Calibra[ion Verification (CCV) recovew is not withia established control limbs.
California DOHS Ce~ificat'on ~1186
z'i.- -'..":~..:.-' P.;'~-.:'~=:~ ~"~. .~F--' '- ;~;~.:~'~ ~.~.~: --; .:2--:~''' ........ ~;'~::'~
Printod 00/05/2003 09:35:~7 03-07605-~
Exhibit B: Truck Loading Area Improvements
FROM : SUNSET MECHANiCF~ PHONE NO. : 6618711788 Sep. ]8 2~0] 12:34AM Pi
Exhibit C: Verification of Asphalt Material Sub-Surface
SUNSET Nt =CHAN CAL
381'2 Panorama Dr.
.Bakersfield, CA'9~3306
,(5~1')322;0660
September 23, 2003
Wholesale Fuel's
2200 E. Brundage Ln.
Bakersfield, CA 93307
ATTN: Jerry Kennedy
This letter is in regards 'to sub grade asphalt. Sunset Mechanical has done
trenching and coring at this site over the past 10 years and has
encountered a layer of a type of asphalt which is 1" to 2" thick at
location
shown on attached map. This layer has been at an average depth of t'
to 1' 6"
deep.
/
NOTE: If you any questions pleas.e'~o not hesitate to call.
Sincerel
Mark Blackburn
Exhibit D: sPCC Plan for Wholesale Fuels, Inc.
· SPill Prevention, Control, and
Countermeasure Plan
for
Wholesale Fuels, Inc.
Bulk Fuels And Lubricants Facility
2200 East Brundage Lane
Bakersfield, CA, 93307
October 3, 2003
Project No. 03004
Prepared by
Christian R. Bellue, P.E.
Bellue Environmental
PO Box 2281
Bakersfield, CA 93303-2281
file: SPCC_WSl.doc No. 03004
MANAGEMENT APPROVAL
The manpower,-e~4~ipment, and mat;drials required to prevent, expeditiously control, and remove
harmful quantmes of off d~scharged,~nto w, Zters of the Umted States, as detailed tn th~s SPCC Plan,
.will be implemented as,her, einFlescvi~d./
Mr. Bob Hardcastle /' Wholesale Fuels, Inc. ' date
8PCC PLAN AMENDMENTS
In accordance 40 CFR 112.5, a review and evaluation of this SPCC plan is to be conducted at least
once every five years. Additionally, amendments to this plan by a registered professional engineer
shall be certified within six months of a change in the design, construction, operation and/or
maintenance practice, which materially affects the facilities potential to discharge oil into waters of
the United States. Should there be no changes, documentation of this review shall be affixed to the
SPCC Plan using the Review Documentation Form, provided in Exhibit B. Amendment guides are
discussed in section 14.0 of this plan.
Engineer's Certification Date Company Officer Approval
print/sign print/sign
print/sign print/sign
print/sign print/sign
print/sign print/sign
file: SPCC_WSI.doc No. 03004
ENGINEERING CERTIFICATION
I hereby certify that I have examined the Site and being familiar with the provisions of 40 CFR Part
112, attest that this SPCC Plan has been prepared in accordance with good engineering practice.
By: Christian R. Bellue, P.E. ~..'.....
Date: October 3, 2003 '"'",,,,,,.,,,~
Registration: No. c 53934
State: California "
............... seal ......... '
CONTENTS
1.0 INTRODUCTION .................................................................................... ' ............................. 2
2.0 SITE CONTACT .................................................................................................................... 2
3.0 SITE DESCRIPTION ............................................................................................................ 2
4.0 SPILL RECORD .................................................................................................................... 3
5.0 IMPLEMENTATION OF THE SPCC PLAN (§ 112.7) ........................................................ 3
5.1 Prediction of Spill Characteristics (§ 112.7(b)) ............................................................ 3
5.2 Spill Sources and Containment (§112.7(c)) ................................................................. 3
6.0 SPILL REPORTING PROCEDURES (§112.4(A)) .............................................................. 4
7.0 SITE DRAINAGE (40 CFR. 112.8(B) AND 112'. 12(B)) ....................................................... 6
8.0 OIL-CONTAINING EQUIPMENT (40 CFR 112.8(D) AND 112.12(C)) ............................ 6
9.0 1NTRA-SITE TRANSFER OPERATIONS (40 CFR 112.7(E)(3)) ...................................... 6
10.0 RECORDS ....................................................................................................................... 7
11.0 SECURITY (40 CFR 112.7(E)(9)) .................................................................................. 7
12.0 PERSONNEL TRAINING (§112.7(E)(10)(I & III)) ....................................................... 8
13.0 RESPONSIBILITY (§ 112.7(E)(10)(II)) .......................................................................... 8
14.0 SPCC PLAN AMENDMENT AND REVIEW (112.5) ................................................... 8
Figure 1' Site Location
Figure 2: Site
BELLUE ENVIRONMENTAL
1.0 INTRODUCTION
This Spill Prevention, Control, and Countermeasure (SPCC) Plan outlines procedures,
methods, and equipment established by Wholesale Fuels Inc. (WFI) to prevent the
discharge ofoil into surface water from the facility located at 2200 East Brundage Lane,
Bakersfield, California ("the Site"). Development and implementation of such a pla. n is
required for facilities storing in excess of 1,320 gallons of petroleum producys in a
location where discharges to navigabl,e water could be reasonably expected. '
The proximity of the ASTs to storm water drainage areas and the quantity of fuel stored
in the ASTs pose a potential threat to be discharged to navigable waters.
A Site location map is included as Figure 1.
2.0 SITE CONTACT
Mr. Bob Hardcastle
Wholesale Fuels, Inc. (WFI)
2200 East Brundage Lane
Bakersfield, California
Phone #: 661-978-6688
3.0 SITE DESCRIPTION
The Site is located in southeast Bakersfieldat at an approximate elevation of 385 feet
above sea level. The Site frontage consists of asphalt roadway, curb and gutter, dirt
sidewalk, two driveways, and a six-foot chain link fence. Approximately 3A of the Site's
surface area consists of a compact fine-grained soil and the remaining ¼ of the Site area
is covered with buildings and concrete. The ground slopes southward at about 1 foot per
100 feet; the north boundary is approximately two feet higher than'the south boundary.
The property is approximately 285 feet long by 285 feet wide and located on the north
side of Brundage Lane. Site improvements consist of two steel warehouse buildings, 23
aboveground storage tanks for lubricant storage, aboveground and belowground fuel
storage tanks, propane storage tanks, and loading facilities.
A Site Map is included as Figure 2.
file: C:\Documents and Settings\cbellue\My Documents\misc\Side Work\Wholesale FuelsXSPCC_WSI.doc - 2 -
BELLUE ENVIRONMENTAL
4.0 SPILL RECORD
The Site has no reportable oil spills on record. Ifa spill does occur it shall be reported
and documented as described in Section 4.0. This documentation shall be maintained in
accordance with the record keeping requirements of Section 9.0.
5.0 IMPLEMENTATION OF THE SPCC PLAN (§112.7)
This SPCC Plan has been carefully developed and addresses the petroleum product-
related operations at the Site. The SPCC Plan has been prepared in accordance with good
engineering practices applicable to the Site, which are necessary to mitigate an oil spill,
and to prevent a release to navigable waters.
5.1 Prediction of Spill Characteristics (§112.7(b))
A worst-case release xvould occur in the west-central portion of the Site in the vicinity of
area 2. If a catastrophic release occurred in Area 2 the earthen berms would break down
and oil would flow southward and eventually pool against the warehouse foundation and
the Area 1 containment wall. These improvements serve as additional containment by
blocking and slowing the southward movement of the spill. If enough product were
spilled in this area it would flow gradually toward Brundage Lane in the west driveway
and in the area between the building and the Area 1 containment wall. If Areas 1 and 2
failed at the same time, product would flow towards the Street and towards the track-
ramp pit, located on the south property boundary. Minor grading and the construction of
diversion berms in this area could utilize the truck ramp pit as a containment sump. The
pit has a containment volume capacity of 40,000 gallons.
Ifa significant release occurred on the east side of the Site it would pool in the area
located adjacent the northWestern comer of the warehouse and south of the fueling slab.
This area is frequently wet because the ground is very compact and flat. A spill here
would flow southwest toward the central portion of the Site where it would pool.
Eventually the product would flow either over the berm and out the east driveway or
along the north side of the di'um warehouse until it reached the west driveway.
5.2 Spill Sources and Containment (§112.7(c))
Based on a Site reconnaissance performed by Christian R. Bellue, P.E., there are four
areas of bulk storage of petroleum liquid at the Site equipped with secondary
containments, as shown on Figure 2. Steel 55-gallon drams are stored on pallets
throughout the Site.
For each containment area the total volume of petroleum product stored, was compared
to existing secondary containment volume and the volume of a 100 year 24 hour storm
event. Tank sizes and contents are summarized in attachment 1.
file: C:\Documents and Settings\cbellue\My Documents\misc\Side Work\Wholesale Fuels\SPCC_WSI.doc - 3 -
BELLUE ENVIRONMENTAL
Areas 1, 2, 3 and 4 and their respective secondary containment features are discussed
below;
AREA 1 - A 3-foot high block wall surrounds Area 1, this area contains Tanks 13-19
having maximum total product storage of 36,000 gallons ofoil. Area I has
approximately, 46,000-gallons of secondary containment.
AREA 2 - A 1.5-foot earthen berm surrounds Tanks 1-12. The total maximum
volume of petroleum product (oil) stored in this area is 50,000 gallons. Secondary
containment for Area 2 is approximately 62,000 gallons.
AREA 3 - a 4-foot block wall surrounds one 10,000-gallon diesel fuel AST. The
maximum storage amount in this tank is 8,000 gallons. Secondary containment for Area
3 is approximately 9,500 gallons.
AREA 4 - This area contains two 10,000-gallon diesel ASTs, one 1,000-gallon oil
AST and one 250-gallon oil AST. The maximum storage capacity for this area is 17,000-
gallons. An 8-inch concrete curb having a secondary containment capacity of
approximately 17,000 gallons surrounds area 4.
Preventive measures, including operating, storing, and loading/unloading oil according to
prescribed company operating guidelines, and conducting periodic inspections, are
conducted at the Site. This should assure the integrity of primary containment and
minimize the need to implement control measures and perform countermeasures. The
control measures and countermeasures should provide sufficient containment capacities,
and include procedures to prevent an oil discharge from reaching navigable waters.
Where it is impracticable to install structures or equipment to prevent discharged oil from
reaching navigable waters, the impracticability for each spill source will be clearly
demonstrated. This SPCC Plan, along with the written commitment of manpower,
equipment and materials required to expeditiously control and remove any harmful
quantity of oil discharged, will be promptly implemented (40 CFR 112.7(d)).
Adequate secondary containment is defined by 40 CFR 112 to be the volume of the
largest tank plus sufficient freeboard height allowance for a 100-year/24-hour
precipitation event.
6.0 SPILL REPORTING PROCEDURES (§112.4(a))
The Site has not experienced a reportable oil spill within the least the last three years
and, therefore, no records of such an event or description of corrective action exists
(§ 112.7(a)).
Spills ofoil into or upon the navigable waters (including wetlands) of the United States
or adjoining shorelines will be reported immediately to the following:
file: C:\Docurnents and Settings\cDellue\My Documents\rnisc\Sicte Work\Wholesale Fuels\SPCC_WSI.cloc - 4 -
BELLUE ENVIRONMENTAL
· Office of Emergency Services 24-Hour Number: 800-852-7550
· State Water Resources Control Board
The spill report shall include the following:
1. The name of the person making the report, their job title, and the name of the
company. ..
2. Time and date of the spill.
3. Identity of the petroleum oil spilled.
4. Approximate quantity spilled.
5. Location and source of spill.
6. Cause and circumstances of the spill.
7. Existing and potential hazards.
8. Personal injuries or casualties, if any.
9. Corrective action being taken and an appropriate timetable to control, contain, and
clean up the spill.
10. Name(s) and telephone number(s) of individual(s) who discovered the spill.
11. Identity of the personnel currently at the Site of the spill.
12. Other unique or unusual circumstances.
13. Other government agencies which have been notified or will be notified
Should the Site incur two reportable spill~ events within any twelve-month period, the Site shall
submit the following to the Regional Administrator, U.S. EPA Region IX, within 60 days from
the time it became aware of the spill:
· Name of the Site.
· Name(s) of the owner or operator.
· Location of the Site.
· Date and year of initial operation.
· Maximum storage or handling capacity of the Site and normal daily throughput.
· Description of the Site, including maps, flow diagrams and topographical maps.
· A complete copy of the SPCC Plan with any amendments.
· The cause(s) of such spill, including a failure analysis of the system or subsystem in
which the failure occurred.
~ A reportable spill in California is a discharge ofoil that exceeds one barrel (42 gallons), according to the California Water
Code, Section 13272.
file: C:\Documents and SettingsNcbellueXMy Documents\misc\Side Work\Wholesale Fuels\SPCC_WSl.doc - 5 -
BELLUE ENVIRONMENTAL
· The corrective actions and countermeasures taken, including an adequate description
of equipment repairs and/or replacements.
· Additional preventive measures taken or contemplated to minimize the possibility of
recurrence.
· Such other information as the Regional Administrator may reasonably require
pertinent to the SPCC Plan or spill event.
This information will be submitted to the U.S. EPA Region IX Regional Administrator.
It is recommended that all oral contacts with government agencies in connection with
spills be confirmed in writing, including the name of person contacted, agency, time and
date of call, and a brief summary of the discussion. These memoranda will be filed at the
Site for future reference.
7.0 SITE DRAINAGE (40 CFR 112.7(e)(1))
As shown in Figure l, the Site vicinity is very flat. The regional surface slopes southward
at approximately 1 foot per 100 feet. The north boundary of the Site is approximately two
feet higher than the south boundary of the Site. All Site drainage is by sheet flow off the
property at each driveway or by evaporation. A concrete curb prevents flow fi.om
crossing the east boundary in the vicinity of the USTs. The north flow line of Brundage
Lane slopes west at 1 foot per ½ mile to a drain collection box located approximately 400
feet west of the Site.
8.0 OIL-CONTAINING EQUIPMENT (40 CFR 112.7(e)(2))
None of the materials stored in the ASTs located at the Site are corrosive, incompatible
with steel/iron, stored under pressure or at high temperature.
9.0 INTRA-SITE TRANSFER OPERATIONS (40 CFR 112.7(e)(3))
Aboveground lines are protected from corrosion by periodic painting. And are out of the
roadway-driving pattern. Pipe supports are designed to minimize abrasion and corrosion
and allow for expansion and contraction. Steel pipelines rest on steel pipe supports.
Pipeline terminal connections are capped or blind-flanged and marked if the pipeline is
not in service or on standby service for extended periods. All other lines are normally in
service.
Aboveground lines are visually inspected regularly during the normal course of
Operation. Loading/unloading procedures meet the minimum requirements and
regulations of the Department of Transportation.
file: C:\Documents and Settings\cbellue\My Documents\misc\gide Work\Wholesale Fuels\SPCC_WSI.doc - 6 -
JE ENVIRONMENTAL
Loading/unloading is done under direct supervision of the driver. Bottom loaders are
equipped with electrical self-closing valves. Unloading is by direct drop to underground
tanks which are gauged first to verify that they will hold the entire load.
Drains and outlets on the track are checked for leakage before and after each
loading/unloading.
10.0 RECORDS
The following records will be maintained for a minimum of three years at the Site.
· A current list of bulk tanks, locations, and capacities.
· A record of all repairs to pipes, tanks, and containment devices.
· A record of the inspection of tanks and pipes.
· A record of tank integrity tests.
· A record of disposal ofoil resulting from spills, including oil that may be disposed of
and oil returned to stock.
· All engineering changes made to any of the aforementioned facilities or systems.
· A record of training activities and personnel involved.
11.0 SECURITY (40 CFR 112.7(e)(9))
Six-foot chain link fencing surrounds the Site. No recent incidents involving vandalism
have occurred at this location. Protective service authorities will contact the responsible
official at the Site should any problems arise. Emergency services are available by
dialing 911. This facility is t'enced and entrance gates are locked when the plant is
unattended.
Any valves which permit direct outward flow of a tank's contents are locked closed when
in non-operating status. Starter controls on all pumps in non-operating or standby status
are Located at a Site accessible only to authorized personnel. The yard area and the
loading rack are equipped with nightlights.
file: C:\Documents and SettingsNcbellue\My DocumentsRmisc\Side Work\Wholesale Fuels\SPCC_WSI.doc - 7 -
12.0 PERSONNEL TRAINING ({}112.7(e)(10)(i & iii))
Personnel shall be instructed in methods to prevent oil/fuel discharges from the fuel tank.
Such training will be presented by the maintenance supervisor; the training will be
provided within one week of employment for new employees and annually thereafter. In
addition, a biannual briefing will be conducted addressing spill prevention, contain.ment,
and cleanup and a review of the SPCC Plan. Finally, these employees shall attend
Hazardous Material, Hazardous Waste, and Storm-Water Pollution Prevention training
for instruction in the applicable pollution control laws and regulations, Training records
for employees are kept on file at the Site in accordance with the procedures outlined in
Section 10.0
Appropriate training and instruction are provided covering the following topics:
· operation and maintenance of equipment to prevent discharges
· applicable pollution control laws, rules, and regulations
· the Site's SPCC Plan
· inspection procedur, es
· responsibilities in the notification process in the event of a spill
· all changes pertaining to the above items
13.0 RESPONSIBILITY (§112.7(e)(10)(ii))
Oil Spill Prevention Coordinator. The Plant Manager shall act as the oil spill
prevention coordinator, and shall have the responsibilities of ensuring that proper
maintenance of transformer substations and fuel tanks is performed, quarterly inspections
occur, and oil releases are promptly addressed according to spill response procedures.
14.0 SPCC PLAN AMENDMENT AND REVIEW (112.5)
The SPCC Plan shall be reviewed and if necessary, amended, should any of the following
occur:
· Discharge of 1,000 gallons ofoil into or upon the navigable waters (includes
wetlands and storm sewer systems) of the United States or adjoining shorelines in a
single spill event.
· Discharge ofoil in harmful quantities into or upon the navigable waters of the United
States or adjoining shorelines in two spill events occurring within any 12-month
period.
file: C:\Documents and Settings\cbellue\My Documents\mist\Side Work\Wholesale Fuels\SPCC_WSI.doc - 8 -
-'LLUE ENVIRONMENTAL
· Change in Site design, construction, operation or maintenance, which materially
affects the Site's potential for the discharge ofoil into or upon the navigable waters of
the United States or adjoining shorelines.
Amendments to the SPCC Plan shall be reviewed and certified by a Registered
Professional Engineer. Each amendment of the SPCC Plan shall also result in a complete
review and evaluation of the SPCC plan. The Amendment Review form located after the
title page of this plan can be to document future amendments occurring in the years that
follow this plan.
A complete review and evaluation of the SPCC Plan shall be performed at least once
every five years from the most recent certification date. Should there be no changes,
documentation of this review shall be affixed to the SPCC Plan using the Review
Documentation Form, provided in Exhibit B.
file: C:\Documents and Settings\cbellue\My Documenls\misc\Side Work\Wholesale Fuels\SPCC_WSI.doc - 9 -
Source: United States Ge°logic ~u~e~, ~ONT Quadrangle, 1954, revised 1972
0 1.oo0 2.000
I I ' ~ I
FIGURE 1 - SITE LOCATION
Wholesale Fuels, Inc.
2200 East Brundage Lane
Bakersfield, CA, 93307
}2 pal.
18-inch earthen
Fuel
Disp~psing
(14) tank trucks
20 pak
Warehouse
~AREA Drum Filling Warehouse
Approx. 140 pal. inside
3-~ BlOck contain.
pal.
Contain wall Office
conmte~om+.
~ (4) 55-gallon drums per pallet
0 60 120'
1"= 60'
FIGURE 2- SITE MAP
Wholesale Fuels, Inc.
2200 East Bmndage Lane
Bakersfield, CA, 93307
EXHI.BIT A
TANK IDENTIFICATION TABLE
~ Taken By: ,,~ ,/.,.'¢.',..-' .'--~,/J,,-L~ ,
Tank Product Max Min. Size
' #1 ChevRPM 80w-90 3000 2000 6000
#2 Citgo 500- 30w 3000 1500 10000
#3 Citgo 500-15w40 8000 4000 10000
,':#4 JPCPumpOil 6000 3q0.0 10000
,~'#5 Chev1000THF 800p 4000 12000
;,~ #6 76Guardol 15W40 4000 1500 4000
¢7 Citgo TractorHYD FLD 2000 1000 10000
#8 Citgo Pacemaker 840 4000 2000 10000
#9 Chev. Sup5W30 3000 1000 6000
· . · . ., ; .- #10 Chevron Hyd AW 68 3000 2000 8000
#11 Citgo 500- 40w 4000 2000 8000
,, '#12 ChevCy1460w 2000 1000 5000
...... #13 ChevronDelo 15w40 9000 4500 10000-''
#14 ChevronRPM40w 4500 2000 10000
:~; #15 Chevron RPM 15w40 5000 3000 10000
'"'#16 ChevronATFDEX3 4000 1000 10000
#17 Chevron HDAX LA 40w 9000 8000 10000
#18 Chevron Supl0w30 2500 1000 10000
#19 ..... _~..h__e_~_rg.n__._R_p_m _3_0 ..... 2.5.00 1500 10000~.
.,. ~,'.-) /'~3~ ' 76 THF .... ~ 500 $230
";"'" [#31 Citgo ATF Dex 3 1200 500 5230
~ #32 not in use ....... -;' ......... ~ ~ ........... ~--"'-':
#33 not in use
· MONTH END
· METER READINGS PRODUCT
" / #7 /~,,.., v,:- EPA Dyed Dsl (green tar
~,~i, ,, '. Own Use Tank
UNDERGROUND
"~ "- "Dyed" Carb Dsl
#4 ' , .. %- No Lead
(DOCK)#2A LOCKED OFF
EXHIBIT B
REVIEW DOCUMENTATION FORM
REVIEW DOCUMENTATION FORM
Wholesale Fuels Inc.
2200 East Brundage Lane
Spill Prevention, Control, and Countermeasure Plan
Site Name:
Site Address:
As required in 40 CFR 112.5(b), I have reviewed this SPCC Plan and to the best of my knowledge, no changes or spill incidents have occurred since the
last review or certification which would require amendment and recertification of the SPCC Plan. The plan, as it exists, remains current and accurate.
Name Title
Signature Date
NOTE: This page must be attached to this document before the page with the last review or engineer certification.
.o. 63193
WHOLESALE FUELS, INC.
INVOICE REFERENCE INVOICE AMOUNT DEDUCTION BALANCE
DATE
09129/ .... 2003-11 3,000.00 .00 .3,000.00
DETACH BEFORE DEPOSITING
~ BANKOFAMERICA
,,; WHOLESALE FUELS, INC. P.O. BOX 82277, BAKERSFIELD, CA 93380-2277 1440 TRUXTUN AVE 16-66
' 1220
t,i~i. {661) 393-7000 BAKERSFIELD. CA 93301
!~,'*i,:.., .o. 6 319
,~:i~'}~' DATE CHECK NUMBER DISCOUNT AMOUNT
09/3(:)/2003 63193 * ** *** 3
"i~".Three Thousand and O0/lO(', Dollars WHOLESALE FUELS, INC.
~?i' PAY TO THE ORDER OF:
"CUP" AGENCY FOR THE CITY OF BAKERSFIELD
i~!~: 2101 "H" STREET
~,_~ BAI,.ERoF IELD, CA 9._",.2,(.)1 --
~,-,
t?';" ,'0 r-. ~ ;i, q 3,' ~: ;I, ;~ 80 O0 c, g, i,~: i, h ? BO,,, 500
August 22, 2003
Agent for Service of Process:
F~R~ C,.~ Charles R. McCan
~c,~,~ ~,z.= 3101 State Road
ADMINISTRATIVE SERVICES Bakersfield,
CA
93308
2t01 "H" Street
Bakersfield, CA 93301
VOICE (661) 326-3941 Certified Mail
FAX (661) 395-1349
SUPPRESSION SERVICES
2101 "H' Street WHOLESALE FUELS, INC., DOCKET NO.: 2003-l 1
Bakersfield, CA 93301
VOICE (661) 326-3941
FAX (661) 395-1349
To whom it may concern:
PREVENTION SERVICES
FIRE SAFETY $ERVtCES, ENVIRONMENTAL SERltlCE$
1715 Chester Ave.
Bakersfield, CA 93301 Enclosed please find an Enforcement Order and related documents concerning
VOICE (661) 326.3979 violations of Chapter 6.5 of Division 20 of the California Health and Safety
FAX (661) 326-0576
Code. This Enforcement Order pertains to thc illegal discharge of a hazardous
PUBLIC EDUCATION waste and does not preclude this Office from taking additional enforcement
1715 Chester Ave.
and
action.
Bakersfield, CA 93301 compliance
VOICE (661) 326-3696
FAX (661) 326-0576
As indicated in thc enclosures, you have a fight to a hearing. Whether or not
FIRE INVESTIGATION you choose to pursue an appeal, you are encouraged to explore the possibility
1715 Chester Ave.
Bakersfield, CA 93301 of settlement by contacting me at 1715 Chester Avenue, Suite 300,
VOICE (661)326-3951 Bakersfield, CA 93301, telephone (661) 326-3979.
FAX (661) 326-0576
TRAINING DIVISION Sincerely,
5642 VIctor Ave. ~~~
Bakersfield, CA 93308
VOICE (661) 399-4697
FAX (661) 399-5763
Ralph E. Hucy
Director of Prevention Services
Enclosures
STATE OF CALIFORNIA
CITY OF BAKERSFIELD
CERTIFIED UNIFIED PROGRAM AGENCY
In the Matter of: Docket No.: 2003-11
WHOLESALE FUELS, INC; STATEMENT TO RESPONDENT
A California corporation (C1104341 )
Enforcement Order
Respondent.
TO THE ABOVE RESPONDENT:
An Enforcement Order ("Order") is attached to this statement and is hereby
served upon you. The Order has been filed by the City of Bakersfield Certified Unified
Program Agency (CUPA).
Unless a written request for a hearing signed by you or on your behalf is
delivered or mailed to the 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. Allen Shaw
Deputy City Attorney
City Attorney's Office
City of Bakersfield
1501 Truxtun Avenue
Bakersfield, California 93301
Telephone: (661) 326-3721
The enclosed Notice of Defense, if signed and filed with the 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 the CUPA within ten (10) working days after you discover the good cause.
Failure to notify the CUPA within ten (10) working days will deprive, you of a
postponement.
Copies of GOvernment Code Sections 11507.5, 11507.6 and 11507.7 are
attached. If you desire the names and addresses of witnesses or an opportunity to
inspect and copy items in possession, custody or control of the CUPA, you may contact:
Mr. Allen Shaw
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 the CUPA to -
discuss 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.
2
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 the CUPA, an Informal Conference has
been scheduled for:
Date: Wednesday, September 3, 2003
Time: 10:00 AM
Location: Prevention Services Division
3rd Floor Conference Room
City of Bakersfield
Development Services Building
1715 Chester Avenue
Bakersfield, California 93301
(661) 326-3979
You may inform the .CUPA at the conference whether you wish to pursue a
formal hearing or waive your right to a formal hearing, as explained below.
FORMAL HEARING RIGHTS
YOU MUST FILE A WRITTEN REQUEST FOR A HEARING WITHIN FIFTEEN
(15) DAYS IF YOU WISH TO HAVE A FORMAL HEARING.
3
STATE OF CALIFORNIA
CITY OF BAKERSFIELD
CERTIFIED UNIFIED PROGRAM AGENCY
In the Matter of: Docket No.: 2003-11
WHOLESALE FUELS, INC. ENFORCEMENT ORDER
A California corporation (C1104341 )
Health and Safety Code Section
Respondent. 25187
INTRODUCTION
1. Parties. The Office of Environmental Services for the City of Bakersfield
Fire Department, a Certified Unified Program Agency (CUPA) authorized by the
Secretary of the California Environmental Protection Agency (Cai/EPA) to administer
and enforce the Hazardous Substance Control Act in the City of Bakersfield, issues this
Enforcement Order (Order) to Wholesale Fuels, Inc., a California corporation
(C1104341).
1.2. .Site. Respondent generated, handled, treated, stored, and/or disposed of
hazardous waste at the following site(s), including, but not limited to: 2200 East
Brundage Lane, Bakersfield, CA 93307.
1.3 Generator. The Respondent generated the following hazardous wastes:
Used Oil, a "listed" hazardous waste pursuant to Article 13 of Chapter 6.5 of the
California Health and Safety Code, Section 25250 et seq.
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.
1
DETERMINATION OF VIOLATIONS
The CUPA hereby determines that Respondent violated:
2.1 The Hazardous Waste Control Law (Health & Safety Code section 25100,
et seq.)l to wit: section 25250.5(a): The disposal of used oil by discharqe to sewers,
drainaqe systems, surface water or .qroundwaterl watercourses, or marine waters; by
incineration or burning as fuel; or by deposit to land, is prohibited, unless authorized
under other provisions of law. On July 18, 2003 a Correction Notice (No. 04944) was
issued to Wholesale Fuels, Inc. specifying immediate compliance, with used oil
discharge prohibitions. On August 13, 2003, a follow-up inspection documented
continued non-compliance with the original July 18, 2003 Correction Notice.
SCHEDULE FOR COMPLIANCE
3. Based on the forgoing DETERMINATION OF VIOLATIONS, IT IS
HEREBY ORDERED THAT:
3.1 Respondent shall make arrangements to prevent the discharge of used oil
to the land. Respondent shall also maintain the facility operation in compliance with all
applicable laws and regulations governing fire prevention and environmental protection,
including but not limited to, an environmental site assessment of the oil discharge areas
and compliance with the current federal requirements for a Spill Prevention Control and
Countermeasure (SPCC) plan, pursuant to Title 40 of the Code of Federal Regulations
(CFR) Part 112 et seq.
3.2 Submittals. A copy of the SPCC plan and any engineering and
administrative control documentation designed to prevent future used oil releases .in
violation of the hazardous waste control law, shall be forwarded within thirty (30) days
from the date of this Order to:
Mr. Ralph Huey
Director of Prevention Services
City of Bakersfield
1715 Chester Avenue
Bakersfield, California 93301
2
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 Prevention Services or his/her designee. No informal advice, guidance,
suggestions, or comments by the CUPA regarding reports, plans, specifications,
schedules, or any writings by the Respondent shall be construed to relieve Respondent
of the obligation to obtain such formal approvals as may be required.
3.4 CUPA Review and Approval. If the CUPA determines that the schedule,
or other submitted for approval pursuant to this order fails to comply with the order or
fails to protect public health or safety or the environment, the CUPA may:
a. Modify the document as deemed necessary and approve the document as
modified, or
b. Return the document to.Respondent with recommended changes and a
date by which Respondent with recommended changes and a date by which
Respondent must submit to the CUPA a revised document incorporating the
recommended changes.
3.5 Compliance with Applicable Laws. Respondent shall carry out this Order
in compliance with all local, State, and federal requirements, including but not limited to
requirements to obtain permits and to assure worker safety.
3.6 Endangerment 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 or to the environment, the CUPA
may order Respondent to stop further implementation of this Order for such period of
time as needed to abate the endangerment. Any deadline in this Order directly affected
by a Stop Work Order under this section shall be extended for the term of the Stop
Work Order.
3
3.7 Liability. Nothing in this Order shall constitute or be construed as a
satisfaction or release from liability for any conditions or claims arising as a result of
past, current, or future operations of Respondent...other than those violations alleged in
section 2 of this order: Notwithstanding compliance with the terms of this Order,
Respondent may be required to take further actions as are necessary to protect public
health or welfare or the environment.
3.8 Data and Document Availability. Respondent shall permit the CUPA and
its authorized representatives to inspect and copy all sampling, testing, monitoring, and
other data generated by Respondent or on Respondent's behalf in any way pertaining
to work undertaken pursuant to this Order. Respondent shall allow the CUPA and its
authorized representatives to take duplicates of any samples collected by Respondent
pursuant to this Order. Respondent shall maintain a central depository of the data,
reports, and other documents prepared pursuant to this Order. All such data, reports,
and other documents shall be preserved by Respondent for a minimum of three years
after the conclusion of all activities under this Order. If the CUPA requests that some or
all of these documents be preserved for a longer period of time, Respondent shall either
comply with that request, deliver the documents to the CUPA, or permit the CUPA to
copy the documents prior to destruction.
3.9 Government Liabilities. The City of Bakersfield shall not be liable for
injuries or damages to persons or property resulting from acts or omissions by
Respondent or related parties 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.
4
3.11 Incorporation of Plans and Reports.. All plans, schedules, and reports that
require CUPA approval and are submitted by respondent pursuant to this Order are
incorporated in this Order upon approval by the CUPA.
3.12 Extension Request. If Respondent is unable to perform any activity or
submit any document within the time required under this Order, the Respondent may,
prior to expiration of the time, request an extension of time in writing. The extension
request shall include a justification for the delay.
3.13 Extension Approvals. If the CUPA determines that good cause exists for
an extension, it will grant the request and specify in writing a new compliance schedule.
3.14 Penalties for Noncompliance. Failure to comply with the terms of this
Order may also subject Respondent to costs, penalties, and/or punitive damages for
any costs incurred by'the CUPA or other government agencies as a result of such
failure, as provided by HSC section 25188 and other applicable provisions of law.
3.15 Parties Bound. This Order shall apply to and be binding upon
Respondent, and its officers, directors and agents, including but not limited to
individuals, and upon the CUPA and any successor agency that may have
responsibility for and jurisdiction over the subject matter of this order.
PENALTY
4. The CUPA assesses a penalty of $ 6,000. Payment of the total penalty of
$ 6,000 is due within thirty (30) days from the effective date of the Order. Respondent's
check shall be made payable to City of Bakersfield, Certified Unified Program Agency,
and shall identify the Respondent and Docket Number, as shown in the heading of this
case. Respondent shall deliver the penalty payment to:
Ms. Susan Chichester
Business Manager
City of Bakersfield Fire Department
2101 H Street
Bakersfield, California 93301
A photocopy of the check shall be sent to:
5
Mr. Ralph Huey
Director of Prevention Services
City of Bakersfield
1715 Chester Avenue
Bakersfield, California 93301
5. This Order is final and effective upon execution by the City and
Respondent.
6. "Days" for purposes of this Order means calendar days.
Date of Issuance: August 22, 2003.
· Date
Director of Prevention Services
City of Bakersfield
Wholesale Fuels, Inc. Date-
Typed or Printed Name of
Respondent's Representative
cc: Mr. Allen Shaw
Deputy City Attorney
City Attorney's Office
City of Bakersfield
1501 Truxtun Avenue
Bakersfield,CA93301 _
6
ACKNOWLEDGMENT OF RECEIPT
Without admitting the violations, I acknowledge receipt of this Enforcement
Order, Statement to RespOndent, Certification of Compliance form, and two copies of
the form entitled Notice of Defense.
DATED:
Signature
Print Name and Title
S:\CORRESPONDENCE~003-08~ENFORCEMENTORDER_WFI_.DOC
7
STATE OF CALIFORNIA
CITY OF BAKERSFIELD
CERTIFIED UNIFIED PROGRAM AGENCY
In the Matter of: Docket No.: 2003-11
WHOLESALE FUELS, INC. NOTICE OF DEFENSE
^ California corporation (C1104341)
California 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)
STATE OF CALIFORNIA
CITY OF BAKERSFIELD
CERTIFIED UNIFIED PROGRAM AGENCY
In the Matter of: Docket No.: 2003-11
WHOLESALE FUELS, INC. NOTICE OF DEFENSE
A California corporation (C1104341 )
California 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)
Section 11507.5. Exclusivity of discovery 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 a respondent or
other party is entitled to a hearing on the merits, a party, upon
written 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) All 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;
m,~.,i 5
(1/9.3)
(f) Investigative reports made 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 matters perceived by the
investigator in the course of his or her investigation, or (3)
contain or include by attachment any statement or writing
described in (a) to (e), inclusive, or summary thereof.
For the purpose of this section, "statements" include
written statements by the person signed or otherwise
authenticated by him or her, stenographic, mechanical, electrical
or other recordings, or transcripts thereof, of oral statements
by the person, and written reports or 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 attorney's work product.
(g) In any proceeding under subdivision (i) or (j) of
Section 12940, or Section 19572 or 19702, alleging conduct which
constitutes sexual harassment, sexual assault, 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 be'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 desc=iption 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.
F_NF. Zl 6
(I/93)
is 'entitled to discover under Sec=ion 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 the clerk. Where the order
denies relief to the petitioning party, the order shall be
effective on the 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 9art 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 ~he administrative proceeding shall be stayed
upon the filing of the petition for writ of mandamus, provided,
however, the court 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
courtts order nor the administrative proceeding shall be stayed
by .the court of appeal excep~ 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 substantial justification, 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. Nothing in this subdivision shall limit the
power of the superior court to compel obedience to its orders by
contempt proceedings.
~,,0~.~ 8
( I/9~])
(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 ~o 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 party; otherwise th~ court shall enter an order
denying the petition. The-order to show cause shall be served
upon the respondent and his attorney of record in the
administrative proceeding by personal delivery or certified mail
and shall be returnable no earlier than 10 days from its issuance
nor later than 30 days after the filing of the petition. The
respondent party shall have the right to serve and file a written
answer or other response to the petition and order to show cause.
(d) The court may in its discretion order the
administrative proceeding stayed during the pendency of 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 court may order lodged with
it such matters as are provided in subdivision (b) of Section 915
of the Evidence Code and examine such matters in accordance 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 setting forth the matters or parts thereof the petitioner
(1/93)
· ;. r~'~ /,5./
August 13, 2003
Mr. Charles McCan VIA HAND DELIVERY
JACO Oil
P.O. Box 1807
. _: .. ~.: Bakerstleld,
CA
93303-1807
Dear Mr. McCain:
ADMINISTRATIVE SERVICES
2101 "H" Street
Bakersfield. CA 93301 A follow-up inspection was conducted by this office on August 13, 2003 at the
VOICE (661) 326-3941
FAX (661)395-1349 Wholesale Fuels Facility located at 2200 E. Brundage. The Hazardous Waste
violations (as seen in Figure 1 and 2) are worse than when originally cited in the
SUPPRESSION SERVICES
2101 "H'Street correction notice dated July 18, 2003 (also attached as Figure. 3). This condition
Bakersfield, CA93301 is judged to pose an immediate and significant threat to life, health and the
VOICE (661) 326-3941
FAX (661) 395-1349 environment.
PREVENTION
SERVICES
You are therefore directed to take immediate steps to correct this problem, i.e.:
FIRE SAFETY SERV}CES · ENVIRONMENTAL SERVlCES
1715 Chester Ave. correct the operation or procedure that allows these spills to continue, as well as
Bakersfield, CA 93301
VOICE (661)326-3979 remove any existing petroleum product from the ground outside of the secondary
FAX (661) 326-0576
containment.
PUBLIC EDUCATION
1715 ChesterAve. In order to avoid a cease and desist order this must be completed by 1:00 p.m. on
Bakersfield, CA 93301
VOICE (661)326-3696 Friday, August 15th. Failure to comply will result in a citation effecting
FAX (661)326-0576 Wholesale Fuels as well as all other JACO facilities in Bakersfield.
FIRE INVESTIGATION
1715 Chester Ave. Sincerely
yours,
Bakersfield, CA 93301
FAX (661) 326-0576 ' ~
TRAINING DIVISION
5642 Victor Ave.
Bakersfield, CA 93308
VOICE (661) 399-4697 Director of Prevention Services
FAX (661) 399-5763
REit/db
cc: Kirk Blair, Deputy Fire Chief
Allen Shaw, Deputy City Attorney II
p 1010104.jpg (1280x960x24b jpeg)
FIGURE I
p 1010103.jpg (1280x960x24b jpeg)
FIGURE 2
CO' '~RECTION N")TICE
BAKERSFIELD FIRE DEPARTMENT
You ~c
co~ectJons at thc abo~e location:
CDr. No.
Completion Date for Corrections
Inspe~or
FD 1~ 326-3951
FIGURE 3
47140 Federal Register/Vol. 67, No. 137/Wednesday, July 17, 2002/Rules and Regulations
112 of the Code of Federal Regulations, processing, refining, transferring, Understanding between the Secretary of
is amended as follows: distributing, using, or consuming oil Transportation and the Administrator of
and oil products, which due to its EPA, dated November 24, 1971
PART 112--OIL POLLUTION location, could reasonably be expected (App. endix A of this part).
PREVENTION to discharge oil in quantities that may (iff) Any equipment, or operation of a
1. The authority for part 112 be harmful, as described in part 110 of vessel or onshore or offshore facility
continues to read as follows: this chapter, into or upon the navigable which is subject to the authority and
waters of the United States or adjoining control of the U.S. Department of
Authority: 33 U.S.C. 1251 et seq.; 33 U.S.C shorelines, or into or upon the waters of Transportation or the U.S. Department
2720; E.O. 12777 (October 18, 1991), 3 CFR, the contiguous zone, or in connection of the Interior, as defined in the
1991 Comp., p. 351. with activities under the Outer Memorandum of Understanding
2. Part 112 is amended by designating Continental Shelf Lands Act or the between the Secretary of Transportation,
§§ 112.1 through 112.7 as subpart A, Deepwater Port Act of 1974, or that may the Secretary of the Interior, and the
adding a subpart heading and revising affect natural resources belonging to, Administrator of EPA, dated November
newly designated subpart A to read as appertaining to, or under the exclusive 8, 1993 (Appendix B of this part).
follows: management authority of the United (2) Any facility which, although
States (including resources under the otherwise subject to the jurisdiction of
Subpart A--Applicability, Definitions, and
General Requirements For All Facilities and Magnuson Fishery Conservation and EPA, meets both of the following
All Types of Oils Management Act) that has oil in: requirements:
il) Any aboveground container; (i} The completely buried storage
Sec. (2) Any compIetely buried tank as capacity of the facility is 42,000 gallons
112.1 General applicability.
112.2 Definitions. defined in § 112.2; or less ofoil. For purposes of this
112.3 Requirement to prepare and {3} Any container that is used for exemption, tho completely buried
implement a Spill Prevention, control, standby storage, for seasonal storage, or storage capacity of a facility excludes
and Countermeasure Plan. for temporary storage, or not otherwise the capacity of a completely buried
112.4 Amendment of Spill Prevention, "permanently closed" as defined in tank, as defined in § 112.2, and
Control, and Countermeasure Plan by § 112.2; connected underground piping,
Regional Administrator. (4} Any "bunkered tank" or "partially underground ancillary equipment, and
112.5 Amendment of Spill Prevention, buried tank" as defined in § 112.2, or containment systems, that is currently
Control, and Countermeasure Plan by any container in a vault, each of which subject to all of the technical
owners or operators, is considered an aboveground storage requirements of part 280 of this chapter
112.6 [Reserved]. container for purposes of this part. or all of the technical requirements of a
112.7 General requirements for Spill (c) As providedin section 313 of the State program approved under part 281
Prevention, Control, and
Countermeasure Plans. Clean Water Act (CWA), departments, of this chapter. The completely buried
agencies, and instrumentalities of the storage capacity of a facility also
Subpart A--Applicability, DefinitiOns, Federal government are subject to this excludes the capacity of a container that
and General Requirements for All part to the same extent as any person, is "permanently closed," as defined in
Facilities and All Types of Oils (d) Except as provided in paragraph § 112.2.
(f) of this section, this part does not (ii) The aggregate aboveground storage
§112.1 General applicability, apply to: capacity of the facility is 1,320 gallons
(a)(1) This part establishes (1) The owner or operator of any or less of oil. For purposes of this
procedures, methods, equipment, and facility, equipment, or operation that is exemption, only containers of oil with
other requirements to prevent the not subject to the jurisdiction of the a capacity of 55 gallons or greater are
discharge of oil from non- Environmental Protection Agency (EPA) counted. The aggregate aboveground
transportation-related onshore and under section 311(j}(1)(C) of the CWA, storage capacity of a facility excludes
offshore facilities into or upon the as follows: the capacity of a container that is
navigable waters of the United States or ii) Any onshore or offshore facility, "permanently closed," as defined in
adjoining shorelines, or into or upon the that due to its location, could not § 112.2.
waters of the contiguous zone, or in reasonably be expected to have a (3) Any offshore oil drilling,
connection with activities under the discharge as described in paragraph (b) production, or workover facility that is
Outer Continental Shelf Lands Act or of this section. This determination must subject to the notices and regulations of
the Deepwater Port Act of 1974, or that be based solely upon consideration of the Minerals Management Service, as
may affect natural resources belonging the geographical and location aspects of specified in tho Memorandum of
to, appertaining to, or under the the facility (such as proximity to Understanding between the Secretary of
exclusive management authority of the navigable waters or adjoining Transportation, the Secretary of the
United States (including resources shorelines, land contour, drainage, etc.) Interior, and the Administrator of EPA,
under the Magnuson Fishery and must exclude consideration of dated November 8, 1993 (Appendix B of
Conservation and Management Act). manmade features such as dikes, this part).
(2) As used in this part, words in the equipment or other structures, which (4) Any completely buried storage
singular also include the plural and may serve to restrain, hinder, contain, or tank, as defined in § 112.2, and
words in the masculine gender also otherwise prevent a discharge as connected underground piping,
include the feminine and vice versa, as described in paragraph (b) of this underground ancillary equipment, and
the case may require, section, containment systems, at any facility,
(b) Except as provided in paragraph (ii) Any equipment, or operation of a that is subject to all of the technical
(d) of this section, this part applies to vessel or transportation-related onshore requirements of part 280 of this chapter
any owner or operator of a non- or offshore facility which is subject to or a State program approved under part
transportation-related onshore or the authority and control of the U.S. 281 of this chapter, except that such a
offshore facility engaged in drilling, Department of Transportation, as tank must he marked on the facility
producing, gathering, storing, defined in the Memorandum of diagram as provided in § 112.7(a)(3), if
Federal Register/Vol. 67, No. 137/Wednesday, July 17, 2002/Rules and Regulations 47141
the facility is otherwise subject to this whether the owner or operator is (as appropriate}, ice conditions,
part. required to prepare and implement an temperatures, weather-related visibility,
(5) Any container with a storage SPCC Plan, or applicable part. The and currents within the area in which
capacity of less than 55 gallons of oil. Regional Administrator must send the the systems or equipment is intended to
[6) Any facility or part thereof used final determination to the owner or function.
exclusively for wastewatar treatment operator by certified mail or by personal Alteration means any work on a
and not used to satisfy any requirement delivery. If the owner or operator is a container involving cutting, burning,
of this part. The production, recovery, corporation, the Regional Administrator welding, or heating operations that
or recycling of oil is not wastewatar must also mail a copy of the final changes the physical dimensions.or
treatment for purposes of this determination to the registered agent, if configuration of the container.
paragraph, any and if known, of the corporation in Animal fat means a non-petroleum
(e) This part establishes requirements the State where the facility is located, oil, fat, or grease of animal, fish, or
for the preparation and implementation (4) If the Regional Administrator marine mammal origin.
of Spill Prevention, Control, and makes a final determination that an Breakout tank means a container used
Countermeasure (SPCC) Plans. SPCC SPCC Plan, or applicable part, is to relieve surges in an oil pipeline
Plans are designed to complement necessary, the owner or operator must system or to receive and store oil
existing laws, regulations, rules, prepare the Plan, or applicable part, transported by a pipeline for reinjection
standards, policies, and procedures within six months of that final and continued transportation by
pertaining to safety standards, fire determination and implement the Plan, pipeline.
prevention, and pollution prevention or applicable part, as soon as possible, Bulk storage container means any
rules. The purpose of an SPCC Plan is but not later than one year after the container used to store oil. These
to form a comprehensive Federal/State Regional Administrator has made a final containers are used for purposes
spill prevention program that minimizes determination, including, but not limited to, the storage
the potential for discharges. The SPCC (5) The owner or operator may appeal of oil prior to use, while being used, or
Plan must address all relevant spill a final determination made by the prior to further distribution in
prevention, control, and Regional Administrator requiring
countermeasures necessary at the preparation and implementation of an commerce. Oil-filled electrical,
specific facility. Compliance with this SPCC Plan, or applicable part, under operating, or manufacturing equipment
part does not in any way relieve the this paragraph. The owner or operator is not a bulk storage container.
owner or operator of an onshore or an must make the appeal to the Bunkered tank means a container
offshore facility from compliance with Administrator of EPA within 30 days of constructed or placed in the ground by
other Federal, State, or local laws. receipt of the final determination under cutting the earth and re-covering the
(f) Notwithstanding paragraph (d) of paragraph (b)(3) of this section from the container in a manner that breaks the
this section, the Regional Administrator Regional Administrator requiring surrounding natural grade, or that lies
may require that the owner or operator preparation and/or implementation of above grade, and is covered with earth,
of any facility subject to the jurisdiction an SPCC Plan, or applicable part. The sand, gravel, asphalt, or other material.
of EPA under section 311(j) of the CWA owner or operator must send a complete A bunkered tank is considered an
prepare and implement an SPCC Plan, copy of the appeal to the Regional aboveground storage container for
or any applicable part, to carry out the Administrator at the time he makes the purposes of this part.
purposes of the CWA. appeal to the Administrator. The appeal Completely buried tank means any
(1) Following a preliminary must contain a clear and concise container completely below grade and
determination, the Regional statement of the issues and points of fact covered with earth, sand, gravel,
Administrator must provide a written in the case. In the appeal, the owner or asphalt, or other material. Containers in
notice to the owner or operator stating operator may also provide additional vaults, bunkered tanks, or partially
the reasons why he must prepare an information. The additional information buried tanks are considered
SPCC Plan, or applicable part. The may be from any person. The aboveground storage containers for
Regional Administrator must send such Administrator may request additional purposes of this part.
notice to the owner or operator by information from the owner or operator. Complex means a facility possessing a
certified mail or by personal delivery. If The Administrator must render a combination of transportation-related
the owner or operator is a corporation, decision within 60 days of receiving the and non-transportation-related
the Regional Administrator must also appeal or additional information components that is subject to the
mail a copy of such notice to the submitted by the owner or operator and jurisdiction of more than one Federal
registered agent, if any and if known, of must serve the owner or operator with agency under section 311[j) of the CWA.
the corporation in the State where the the decision made in the appeal in the Contiguous zone means the zone
established by the United States under
facility is located, manner described in paragraph (f)[1) of Article 24 of the Convention of the
(2) Within 30 days of receipt of such this section.
written notice, the owner or operator Territorial Sea and Contiguous Zone,
may provide information and data and § 112.20efia[tioas. that is contiguous to the territorial sea
may consult with the Agency about the For the purposes of this part: and that extends nine miles seaward
· need to prepare an SPCC Plan, or Adverse weather means weather from the outer limit of the territorial
applicable part. conditions that make it difficult for area.
(3) Within 30 days following the time response equipment and personnel to Contract or other approved means
under paragraph (b)(2) of this section clean up or remove spilled oil, and that means:
within which the owner or operator may must be considered when identifying (1) A written contractual agreement
provide information and data and response systems and equipment in a with an oil spill removal organization
consult with the Agency about the need response plan for the applicable that identifies and ensures the
to prepare an SPCC Plan, or applicable operating environment. Factors to availability of the necessary personnel
part, the Regional Administrator must consider include significant wave height · and equipment within appropriate
make a final determination regarding as specified in Appendix E to this part response times; and/or
47142 Federal Register/Vol. 67, No. 137/Wednesday, July 17, 2002/Rules and Regulations
(2) A written certification by the reserves, conservation areas, preserves, (v) Tributaries of waters identified in
owner or operator that the necessary wildlife areas, wildlife refuges, wild and paragraphs (1)(i) through (iv) of this
personnel and equipment resources, scenic rivers, recreational areas, definition;
owned or operated by the facility owner national forests, Federal and State lands (vi) The territorial sea; and
or operator, are available to respond to that are research national areas, heritage (vii) Wetlands adjacent to waters
a discharge within appropriate response program areas, land trust areas, and (other than waters that are themselves
times; and/or historical and archaeological sites and wetlands) identified in paragraph (1) of
(3) Active membership in a local or parks. These areas may also include this definition.
regional oil spill removal organization unique habitats such as aquaculture (2) Waste treatment systems,
that has identified and ensures adequate sites and agricultural surface water including treatment ponds or lagoons
access through such membership to intakes, bird nesting areas, critical designed to meet the requirements of
necessary personnel and equipment to biological resource areas, designated the CWA (other than cooling ponds
respond to a discharge within migratory routes, and designated which also meet the criteria of this
appropriate response times in the seasonal habitats, definition) are not waters of the United
specified geographic area; and/or Injury means a measurable adverse States. Navigable waters do not include
(4) Any other specific arrangement change, either long- or short-term, in the prior converted cropland.
approved by the Regional Administrator chemical or physical quality or the Notwithstanding the determination of
upon request of the owner or operator, viability of a natural resource resulting an area's status as prior converted
Discharge includes, but is not limited either directly or indirectly from cropland by any other Federal agency,
to, any spilling, leaking, pumping, exposure to a discharge, or exposure to for the purposes of the CWA, the final
pouring, emitting, emptying, or a product of reactions resulting from a authority regarding CWA jurisdiction
dumping of oil, but excludes discharges discharge, remains with EPA.
in compliance with a permit under Maximum extent practicable means Non-petroleum off means oil of any
section 402 of the CWA; discharges within the limitations used to determine kind that is not petroleum-based,
resulting from circumstances identified, oil spill planning resources and including but not limited to: Fats, oils,
reviewed, and made a part of the public and greases of animal, fish, or marine
response times for on-water recovery,
record with respect to a permit issued shoreline protection, and cleanup for mammal origin; and vegetable oils,
or modified under section 402 of the worst case discharges from onshore non- including oils from seeds, nuts, fruits,
CWA, and subject to a condition in such transportation-related facilities in and kernels.
permit; or continuous or anticipated Offshore facility means any facility of
intermittent discharges from a point adverse weather. It includes the planned any kind (other than a vessel or public
source, identified in a permit or permit capability to respond to a worst case vessel) located in, on, or under any of
application under section 402 of the discharge in adverse weather, as
CWA, that are caused by events contained in a response plan that meets the navigable waters of the United
occurring within the scope of relevant the requirements in § 112.20 or in a States, and any facility of any kind that
operating or treatment systems. For specific plan approved by the Regional is subject to the jurisdiction of the
United States and is located in, on, or
purposes of this part, the term discharge Administrator.
shall not include any discharge of oil Navigable waters means the waters of under any other waters.
Oil means oil of any kind or in any
that is authorized by a permit issued the United States, including the form, including, but not limited to: fats,
under section 13 of the River and territorial seas. oils, or greases of animal, fish, or marine
Harbor Act of 1899 (33 U.S.C. 407). (1) The term includes: mammal origin; vegetable oils,
Facility means any mobile or fixed, (i) All waters that are currently used, including oils from seeds, nuts, fruits, or
onshore or offshore building, structure, were used in the past, or may be kernels; and, other oils and greases,
installation, equipment, pipe, or susceptible to use in interstate or foreign including petroleum, fuel oil, sludge,
pipeline (other than a vessel or a public commerce, including all waters subject synthetic oils, mineral oils, oil refuse, or
vessel) used in oil well drilling to the ebb and flow of the tide; oil mixed with wastes other than
operations, oil production, oil refining, (ii) All interstate waters, including dredged spoil.
oil storage, oil gathering, oil processing, interstate wetlands; OilSpillBemoval Organization means
oil transfer, oil distribution, and waste (iii) All other waters such as intrastate an entity that provides oil spill response
treatment, or in which oil is used, as lakes, rivers, streams (including resources, and includes any for-profit or
described in Appendix A to this part. intermittent streams), mudflats, not-for-profit contractor, cooperative, or
The boundaries of a facility depend on sandflats, wetlands, sloughs, prairie in-house response resources that have
several site-specific factors, including, potholes, wet meadows, playa lakes, or been established in a geographic area to
but not limited to, the ownership or natural ponds, the use, degradation, or provide required response resources.
operation of buildings, structures, and destruction of which could affect Onshore facility means any facility of
equipment on the same site and the interstate or foreign commerce any kind located in, on, or under any
types of activity at the site. including any such waters: land within the United States, other
Fish and wildlife and sensitive (A) That are or could be used by than submerged lands.
environments means areas that may be interstate or foreign travelers for Owner or operator means any person
identified by their legal designation or recreational or other purposes; or owning or operating an onshore facility
by evaluations of Area Committees (for (B) From which fish or shellfish are or or an offshore facility, and in the case
planning) or members of the Federal could be taken and sold in interstate or of any abandoned offshore facility, the
On-Scene Coordinator's spill response foreign commerce; or, person who owned or operated or
structure (during responses). These (C) That are or could be used for maintained the facility immediately
areas may. include wetlands, National industrial purposes by industries in prior to such abandonment.
and State parks, critical habitats for interstate commerce; Partially buried tank means a storage
endangered or threatened species, (iv) All impoundments of waters container that is partially inserted or
wilderness and natural resource areas, otherwise defined as waters of the constructed in the ground, but not
marine sanctuaries and estuarine United States under this section; entirely below grade, and not
Federal Register/Vol. 67, No. 137/Wednesday, July 17, 2002/Rules and Regulations 47143
completely covered with earth, sand, November 24, 1971, {Appendix A of this 2003, and could reasonably be expected
gravel, asphalt, or other material A part}, to have a discharge as described in
partially buried tank is considered an United States means the States, the § 112.1{b), you must prepare and
aboveground storage container for District of Columbia, the implement a Plan before you begin
purposes of this part. Commonwealth of Puerto Rico, the operations.
Permanently closed means any Commonwealth of the Northern Mariana (c) If you are the owner or operator of
container or facility for which: Islands, Guam, American Samoa, the an onshore or offshore mobile facility,
(1} All liquid and sludge has been U.S. Virgin Islands, and the Pacific such as an onshore drilling or workover
removed from each container and Island Governments. rig, barge mounted offshore drilling or
connecting line; and Vegetable oil means a non-petroleum workover rig, or portable fueling facility,
(2) All connecting lines and piping oil or fat of vegetable origin, including you must prepare, implement, and
have been disconnected from the but not limited to oils and fats derived maintain a facility Plan as required by
Container and blanked off, all valves from plant seeds, nuts, fruits, and this section. This provision does not
{except for ventilation valves} have been kernels, require that you prepare a new Plan
closed and locked, and conspicuous Vessel means every description of each time you move the facility to a new
signs have been posted on each watercraft or other artificial contrivance site. The Plan may be a general plan.
container stating that it is a permanently used, or capable of being used, as a When you move the mobile or portable
closed container and noting the date of means of transportation on water, other facility, you must locate and install it
closure, than a public vessel, using the discharge prevention practices
Person includes an individual, firm, Wetlands means those areas that are outlined in the Plan for the facility. You
corporation, association, or partnership, inundated or saturated by surface or may not operate a mobile or portable
Petroleum off means petroleum in any groundwater at a frequency or duration facility subject to this part unless you
form, including but not limited to crude sufficient to support, and that under have implemented the Plan. The Plan is
oil, fuel oil, mineral oil, sludge, oil normal circumstances do support, a applicable only while the facility is in
refuse, and refined products, prevalence of vegetation typically a fixed (non-transportation} operating
Production facility means all adapted for life in saturated soil mode.
structures {including but not limited to conditions. Wetlands generally include (d) A licensed Professional Engineer
wells, platforms, or storage facilities}, playa lakes, swamps, marshes, bogs, and must review and certify a Plan for it to
piping {including but not limited to similar areas such as sloughs, prairie be effective to satisfy the requirements
flowlines or gathering lines}, or potholes, wet meadows, prairie river of this part.
equipment {including but not limited to overflows, mudflats, and natural ponds. (1) By means of this certification the
workover equipment, separation Worst case discharge for an onshore Professional Engineer attests:
equipment, or auxiliary non- non-transportation-related facility (i) That he is familiar with the
transportation-related equipment} used means the largest foreseeable discharge requirements of this part;
in the production, extraction, recovery, in adverse weather conditions as (ii) That he or his agent has visited
lifting, stabilization, separation or determined using the worksheets in and examined the facility;
treating of oil, or associated storage or Appendix D to this part. (iii) That the Plan has been prepared
in accordance with good engineering
measurement, and located in a single §112.3 Requirement to prepare and practice, including consideration of
geographical oil or gas field operated by Implement a Spill Prevention, Control, and applicable industry standards, and with
a single operator. Countermeasure Plan.
the requirements of this part;
Regional Administrator means the The owner or operator of an onshore {iv} That procedures for required'
Regional Administrator of the or offshore facility subject to this section inspections and testing have been
Environmental Protection Agency, in must prepare a Spill Prevention, established; and
and for the Region in which the facility Control, and Countermeasure Plan {v} That the Plan is adequate for the
is located. {hereafter "SPCC Plan" Or "Plan)," in facility.
Repair means any work necessary to writing, and in accordance with § 112.7, {2) Such certification shall in no way
maintain or restore a container to a and any other applicable section of this relieve the owner or operator of a
condition suitable for safe operation, part. facility of his duty to prepare and fully
other than that necessary for ordinary, (a} If your onshore or offshore facility implement such Plan in accordance
day-to-day maintenance to maintain the was in operation on or before August 16, with the requirements of this part.
functional integrity of the container and 2002, you must maintain your Plan, but {e) If you are the owner or operator of
that does not weaken the container, must amend it, if necessary to ensure a facility for which a Plan is required
Spill Prevention, Control, and compliance with this part, on or before under this section, you must:
Countermeasure Plan; SPCC Plan, or February 17, 2003, and must implement (1) Maintain a complete copy of the
Plan means the document required by the amended Plan as soon as possible, Plan at the facility if the facility is
§ 112.3 that details the equipment, but not later than August 18, 2003. If normally attended at least four hours
workforce, procedures, and steps to your onshore or offshore facility per day, or at the nearest field office if
prevent, control, and provide adequate becomes operational after August 16, the facility is not so attended, and
countermeasures to a discharge. 2002, through August 18, 2003, and (2) Have the Plan available to the
Storage capacity of a container means could reasonably be expected to have a Regional Administrator for on-site
the shell capacity of the container. · discharge as described in § 112.1(b), you review during normal working hours.
Transportation-related and non- must prepare a Plan on or before August (f) Extension of time. {1) The Regional
transportation-related, as applied to an 18, 2003, and fully implement it as soon Administrator may authorize an
onshore or offshore facility, are defined as possible, but not later than August extension of time for the preparation
in the Memorandum of Understanding 18, 2003. and full implementation of a Plan, or
between the Secretary of Transportation (b) If you are the owner or operator of any amendment thereto, beyond the
and the Administrator of the an onshore or offshore facility that time permitted for the preparation,
Environmental Protection Agency, dated becomes operational after August 18, implementation, or amendment of a
47144 Federal Register/Vol. 67, No. 137/Wednesday, July 17, 2002/Rules and Regulations
Plan under this part, when ho finds that (2) Your name; in the State in which tho facility is
the owner or operator of a facility (3} Location of the facility; located. Tho Regional Administrator
subject to this section, cannot fully {4} Maximum storage or handling must specify the terms of such proposed
comply with the requirements as a capacity of the facility and normal daily amendment. Within 30 days from
result of either nonavailability of throughput; receipt of such notice, you may submit
qualified personnel, or delays in (5) Corrective action and written information, views, and
construction or equipment delivery countermeasures you have taken, arguments on the proposed amendment.
beyond the control and without the fault including a description of equipment After considering all relevant material
of such owner or operator or his agents repairs and replacements; presented, tho Regional Administrator
or employees. (6} An adequate description of the must either notify you of any
{2} If you are an owner or operator facility, including maps, flow diagrams, amendment required or rescind tho
seeking an extension of time under and topographical maps, as necessary; notice. You must amend your Plan as
paragraph (f)(1) of this section, you may (7) The cause of such discharge as required within 30 days after such
submit a written extension request to described in § 112.1(b), including a notice, unless the Regional
the Regional Administrator. Your failure analysis of the system or Administrator, for good cause, specifies
request must include: subsystem in which the failure another effective date. You must
(i) A full explanation of the cause for occurred; implement the amended Plan as soon as
any such delay and the specific aspects (8) Additional preventive measures possible, but not later than six months
of the Plan affected by the delay; you have taken or contemplated to after you amend your Plan, unless the
(ii) A full discussion of actions being minimize the possibility of recurrence; Regional Administrator specifies
taken or contemplated to minimize or and another date.
mitigate such delay; and (9) Such other information as the (f) If you appeal a decision made by
(iii) A proposed time schedule for the Regional Administrator may reasonably the Regional Administrator requiring an
implementation of any corrective require pertinent to the Plan or amendment to an SPCC Plan, send the
actions being taken or contemplated, discharge, appeal to the EPA Administrator in
including interim dates for completion (b) Take no action under this section writing within 30 days of receipt of the
of tests or studies, installation and until it applies to your facility. This notice from the Regional Administrator
operation of any necessary equipment, section does not apply until the requiring the amendment under
or other preventive measures. In expiration of the time permitted for the paragraph (e) of this section. You must
addition you may present additional initial preparation and implementation send a complete copy of the appeal to
oral or written statements in support of of the Plan under § 112.3, but not the Regional Administrator at the time
your extension request, including any amendments to the Plan. you make the appeal. The appeal must
(3) The submission of a written (c) Send to the appropriate agency or contain a clear and concise statement of
extension request under paragraph (f)(2) agencies in charge of oil pollution the issues and points of fact in the case.
of this section does not relieve you of control activities in the State in which It may also contain additional
your obligation to comply with the the facility is located a complete copy information from you, or from any other
requirements of this part. The Regional of all information you provided to the person. The EPA Administrator may
Administrator may request a copy of Regional Administrator under paragraph request additional information from
your Plan to evaluate the extension (a) of this section. Upon receipt of the you, or from any other person. The EPA
request. When the Regional information such State agency or Administrator must render a decision
Administrator authorizes an extension agencies may conduct a review and within 60 days of receiving the appeal
of time for particular equipment or other make recommendations to the Regional and must notify you of his decision.
specific aspects of the Plan, such Administrator as to further procedures,
extension does not affect your obligation methods, equipment, and other § 112.5 Amendment of Spill Prevention,
to comply with the requirements related requirements necessary to prevent and Control, and Countermeasure Plan blt
to other equipment or other specific to contain discharges from your facility, owners or operetore.
aspects of the Plan for which the (d) Amend your Plan, if after review If you are the owner or operator of a
Regional Administrator has not by the Regional Administrator of the facility subject to this part, you must:
expressly authorized an extension, information you submit under (a) Amend the SPCC Plan for your
paragraph (a} of this section, or facility in accordance with the general
§112.4 Amendment of Spill Prevention, submission of information to EPA by the requirements in § 112.7, and with any
Control, and Countermeasure Plan by State agency under paragraph (c) of this specific section of this part applicable to
Regional Administrator. section, or after on-site review of your your facility, when there is a change in
If you are the owner or operator of a Plan, the Regional Administrator the facility design, construction,
facility subject to this part, you must: requires that you do so. The Regional operation, or maintenance that
(a} Notwithstanding compliance with Administrator may require you to materially affects its potential for a
§ 112.3, whenever your facility has amend your Plan if he finds that it does discharge as described in § 112.1{b}.
discharged more than 1,000 U.S. gallons not meet the requirements of this part or Examples of changes that may require
of oil in a single discharge as described that amendment is necessary to prevent amendment of the Plan include, but are
in § 112.1{b}, or discharged more than and contain discharges from your not limited to: commissioning or
42 U.S. gallons of oil in each of two facility, decommissioning containers;
discharges as described in § l12.1(b), (e} Act in accordance with this replacement, reconstruction, or
occurring within any twelve month paragraph when the Regional movement of containers; reconstruction,
period, submit the following Administrator proposes by certified replacement, or installation of piping
information to the Regional mail or by personal delivery that you systems; construction or demolition that
Administrator within 60 days from the amend your SPGG Plan. If the owner or might alter secondary containment
time the facility becomes subject to this operator is a corporation, he must also structures; changes of product or
section: notify by mail the registered agent of service; or revision of standard
{1} Name of the facility; such corporation, if any and if known, operation or maintenance procedures at
Federal Register/Vol. 67, No. 137/Wednesday, Jul3' 17, 2002/Rules and Regulations 47145
a facility. An amendment made under these items in separate paragraphs, and (iv) Countermeasures for discharge
this section must be prepared within six must explain separately the details of discovery, response, and cleanup (both
months, and implemented as soon as installation and operational start-up. As the facility's capability and those that
possible, but not later than six months detailed elsewhere in this section, you might be required of a contractor);
following preparation of the must also: (v) Methods of disposal of recovered
amendment. (a)(1) Include a discussion of your materials in accordance with applicable
(b) Notwithstanding compliance with facility's conformance with the legal requirements; and
paragraph (a) of this section, complete a requirements listed in this part. (vi) Contact list and phone numbers
review and evaluation of the SPCC Plan (2) Comply with all applicable for the facility response coordinator,
at least once every five years from the requirements listed in this part. Your National Response Center, cleanup
date your facility becomes subject to Plan may deviate from the requirements contractors with whom you have an
this part; or, if your facility was in in paragraphs (g), (h)(2) and [3), and (i) agreement for response, and all
operation on or before August 16, 2002, of this section and the requirements in appropriate Federal, State, and local
five years from the date your last review subparts B and C of this part, except the agencies who must he contacted in case
was required under this part. As a result secondary containment requirements in of a discharge as described in 9112.1(b).
of this review and evaluation, you must paragraphs (c) and (h)(1) of this section, (4) Unless you have submitted a
response plan under 9112.20, provide
amend your SPCC Plan within six and 99112.8(c)(2),112.8(c)(11), information and procedures in your
months of the review to include more 112.9[c)[2), 112.10(c), 112.12(c)(2), Plan to enable a person reporting a
effective prevention and control 112.12(c)(11),112.13(c)(2), and
discharge as described in 9112.1(b) to
technology if the technology has been 112.14(c), where applicable to a specific relate information on the exact address
field-proven at the time of the review facility, if you provide equivalent or location and phone number of the
and will significantly reduce the environmental protection by some other facility; the date and time of the
likelihood of a discharge as described in means of spill prevention, control, or discharge, the type of material
9112.1(b) from the facility. You must countermeasure. Where your Plan does discharged; estimates of the total
implement any amendment as soon as not conform to the applicable quantity discharged; estimates of the
possible, but not later than six months requirements in paragraphs (g), (h)(2) quantity discharged as described in
following preparation of any and (3), and (i) of this section, or the 9112.1(b); the source of the discharge; a
amendment. You must document your requirements of subparts B and C of this description of all affected media; the
completion of the review and part, except the secondary containment cause of the discharge; any damages or
evaluation, and must sign a statement as requirements in paragraphs (c) and injuries caused by the discharge; actions
to whether you will amend the Plan, (h)[1) of this section, and 99112.8[c)[2), being used to stop, remove, and mitigate
either at the beginning or end of the 112.8(c)(11), 112.9(c)(2), 112.10(c), the effects of the discharge; whether an
Plan or in a log or an appendix to the 112.12(c)(2), 112.12(c)(11), 112.13(c)(2), evacuation may be needed; and, the
Plan. The following words will suffice, and 112.14[c), you must state the names of individuals and/or
"I have completed review and reasons for nonconformance in your organizations who have also been
evaluation of the SPCC Plan for [name Plan and describe in detail alternate contacted.
of facility) on [date), and will (will not) methods and how you will achieve (5) Unless you have submitted a
amend the Plan as a result." equivalent environmental protection. If response plan under 9112.20, organize
(c) Have a Professional Engineer the Regional Administrator determines portions of the Plan describing
certify any technical amendment to your that the measures described in your procedures you will use when a
Plan in accordance with 9112.3(d). Plan do not provide equivalent discharge occurs in a way that will
§112.$ [Reserved] environmental protection, he may make them readily usable in an
require that you amend your Plan, emergency, and include appropriate
§112.7 General requirements for Spill following the procedures in § 112.4(d) supporting material as appendices.
Prevention, Control, and Countermeasure and (e). (b) Where experience indicates a
Plans. (3) Describe in your Plan the physical reasonable potential for equipment
If you are the owner or operator of a layout of the facility and include a failure (such as loading or unloading
facility subject to this part you must facility diagram, which must mark the equipment, tank overflow, rupture, or
prepare a Plan in accordance with good location and contents of each container, leakage, or any other equipment known
engineerin8 practices. The Plan must The facility diagram must include to be a source of a discharge), include
have the full approval of management at completely buried tanks that are in your Plan a prediction of the
a level of authority to commit the otherwise exempted from the direction, rate of flow, and total quantity
necessary resources to fully implement requirements of this part under of oil which could be discharged from
the Plan. You must prepare the Plan in 9112.1(d)(4). The facility diagram must the facility as a result of each type of
writing. If you do not follow the also include all transfer stations and major equipment failure.
sequence specified in this section for connecting pipes. You must also (c) Provide appropriate containment
the Plan, you must prepare an address in your Plan: and/or diversionary structures or
equivalent Plan acceptable to the (i) The type of oil in each container equipment to prevent a discharge as
Regional Administrator that meets all of and its storage capacity; described in 9112.1(b). The entire
the applicable requirements listed in (ii) Discharge prevention measures containment system, including walls
this part, and you must supplement it including procedures for routine and floor, must be capable of containing
with a section cross-referencing the handling of products (loading, oil and must be constructed so that any
location of requirements listed in this unloading, and facility transfers, etc.); discharge from a primary containment
part and the equivalent requirements in (iii) Discharge or drainage controls system, such as a tank or pipe, will not
the other prevention plan. If the Plan such as secondary containment around escape the containment system before
calls for additional facilities or containers and other structures, cleanup occurs. At a minimum, you
procedures, methods, or equipment not equipment, and procedures for the must use one of the following
yet fully operational, you must discuss control of a discharge; prevention systems or its equivalent:
47146 Federal Register/Vol. 67, No. 137/Wednesday, July 17, 2002/Rules and Regulations
(1) For onshore facilities: handling personnel at least once a year and if necessary, ensure that they are
(i) Dikes, berms, or retaining walls to assure adequate understanding of the tightened, adjusted, or replaced to
sufficiently impervious to contain oil; SPCC Plan for that facility. Such prevent liquid discharge while in
(lid Curbing; briefings must highlight and describe transit.
(iii) Culverting, gutters, or other known discharges as described in (iD If a field-constructed aboveground
drainage systems; § 112.1(b) or failures, malfunctioning container undergoes a repair, alteration,
(iv) Weirs, booms, or other barriers; components, and any recently reconstruction, or a change in service
(vD Spill diversionponds; developed precautionary measures, that might affect the risk of a discharge
(vi) Retention ponds; or (g) Security [excluding oil production or failure due to brittle fracture or other
(vii) Sorbent materials, facilities). (1) Fully fence each facility catastrophe, or has discharged oil or
(2) For offshore facilities: handling, processing, or storing oil, and failed due to brittle fracture failure or
(i) Curbing or drip pans;' or lock and/or guard entrance gates when other catastrophe, evaluate the container
(ii) Sumps and collection systems, the facility is not in production or is for risk of discharge or failure due to
(d) If you determine that the unattended, brittle fracture or other catastrophe, and
installation of any of the structures or (2) Ensure that the master flow and
pieces of equipment listed in paragraphs drain valves and any other valves as necessary, take appropriate action.
lc) and (h)(1) of this section, and permitting direct outward flow of the (j) In addition to the minimal
prevention standards listed under this
§§ 112.8(c)(2), 112.8(c)(11), 112.9(c)(2), container's contents to the surface have section, include in your Plan a complete
112.10(cD, 112.12(c)(2), 112.12(c)(11D, adequate security measures so that they discussion of conformance with the
112.1.3(c)(2), and 112.14(c) to prevent a remain in the closed position when in
discharge as described in § 112.1(bD applicable requirements and other
non-operating or non-standby status, effective discharge prevention and
from any onshore or offshore facility is (3) Lock the starter control on each oil
not practicable, you must clearly pump in the "off" position and locate it containment procedures listed in this
explain in your Plan why such measures at a site accessible only to authorized part or any applicable more stringent
are not practicable; for bulk storage personnel when the pump is in a non- State rules, regulations, and guidelines.
containers, conduct both periodic operating or non-standby status. 3. Part 112 is amended adding subpart
integrity testing of the containers and (4) Securely cap or blank-flange the B consisting of §§ 112.8 through 112.11
periodic integrity and leak testing of the loading/unloading connections of oil to read as follows:
valves and piping; and, unless you have pipelines or facility piping when not in
submitted a response plan under service or when in standby service for Subpart B---Requirements for Petroleum
§ 112.20, provide in your Plan the an extended time. This security practice O~la -,nd Non-Petroleum Oils, Except An~ma~
following: also applies to piping that is emptied of Fets and O~]s and Greasea, and Fish and
Marine Mammal Oils; and Vegetable Oils
(1D An oil spill contingency plan liquid content either by draining or by (Including Oils from Seeds, Nuts, Fruits,
following the provisions of part 109 of inert gas pressure, and Kernels)
this chapter. (5) Provide facility lighting Sec.
(2) A written commitment of commensurate with the type and 112.8 Spill Prevention, Control, and
manpower, equipment, and materials location of the facility that will assist in Countermeasure Plan requirements for
required to expeditiously control and the: onshore facilities [excluding production
remove any quantity of oil discharged (i) Discovery of discharges occurring facilities).
that may be harmful, during hours of darkness, both by 112.9 Spill Prevention, Control, and
(e) Inspections, tests, and records, operating personnel, if present, and by Countermeasure Plan requirements for
Conduct inspections and tests required non-operating personnel (the general onshore oil production facilities.
by this part in accordance with written public, local police, etc.); and 112.10 Spill Prevention, Control, and
procedures that you or the certifying (ii) Prevention of discharges occurring Countermeasure Plan requirements for
engineer develop for the facility. You through acts of vandalism, onshore oil drilling and workover
must keep these written procedures and (h) Facility tank car and tank truck facilities.
a record of the inspections and tests, loading/unloading rack (excluding 112.11 Spill Prevention, Control, and
Countermeasure Plan requirements for
signed by the appropriate supervisor or offshore facilities). (1) Where loading/ offshore oil drilling, production, or
inspector, with the SPCC Plan for a unloading area drainage does not flow workover facilities.
period of three years. Records of into a catchment basin or treatment
inspections and tests kept under usual facility designed to handle discharges, Subpart B--Requirements for
and customary business practices will use a quick drainage system for tank car' Petroleum Oils and Non-Petroleum
suffice for purposes of this paragraph, or tank truck loading and unloading Oils, Except Animal Fats and Oils and
(f) Personnel, training, and discharge areas. You must design any containment Greases, and Fish and Marine Mammal
prevention procedures. (1) At a system to hold at least the maximum Oils; and Vegetable Oils (Including Oils
minimum, train your oil-handling capacity of any single compartment of a from Seeds, Nuts, Fruits, and Kernels)
personnel in the operation and tank car or tank truck loaded or
maintenance of equipment to prevent unloaded at the facility. §112.8 Spill Prevention, Control, and
discharges; discharge procedure (2) Provide an interlocked warning Countermeasure Plan requirements for
onshore facilities (excluding production
protocols; applicable pollution control light or physical barrier system, warning facilities).
laws, rules, and regulations; general signs, wheel chocks, or vehicle break
facility operations; and, the contents of interlock system in loading/unloading If you are the owner or operator of an
the facility SPCC Plan. areas to prevent vehicles from departing onshore facility (excluding a production
(2) Designate a person at each before complete disconnection of facility), you must:
applicable facility who is accountable flexible or fixed oil transfer lines. (a) Meet the general requirements for
for discharge prevention and who (3) Prior to filling and departure of the Plan listed under § 112.7, and the
reports to facility management, any tank car or tank truck, closely specific discharge prevention and
(3) Schedule and conduct discharge inspect for discharges the lowermost containment procedures listed in this
prevention briefings for your oil- drain and all outlets of such vehicles, section.
Federal Register/Vol. 67, No. 137/Wednesday, July 17,'2002/Rules and Regulations 47147
(b) Facility drainage. (1) Restrain You may also use an alternative system watercourse, or pass the steam return or
drainage from diked storage areas by consisting of a drainage trench exhaust lines through a settling tank,
valves to prevent a discharge into the enclosure that must be arranged so that skimmer, or other separation or
drainage system or facility effluent any discharge will terminate and be retention system.
treatment system, except where facility safely confined in a facility catchment (8) Engineer or update each container
systems are designed to control such basin or holding pond. installation in accordance with good
discharge. You may empty diked areas (3) Not allow drainage of engineering practice to avoid '
by pumps or ejectors; however, you uncontaminated rainwater from the discharges. You must provide at least
must manually activate these pumps or diked area into a storm drain or one of the following devices:
ejectors and must inspect the condition discharge of an effluent into an open (i) High liquid level alarms with an
of the accumulation before starting, to watercourse, lake, or pond, bypassing audible or visual signal at a constantly
ensure no oil will be discharged, the facility treatment system unless you: attended operation or surveillance
(2) Use valves of manual, open-and- (i} Normally keep the bypass valve station. In smaller facilities an audible
closed design, for the drainage of diked sealed closed, air vent may suffice.
areas. You may not use flapper-type (ii) Inspect the retained rainwater to (ii) High liquid level pump cutoff
drain valves to drain diked areas. If your ensure that its presence will not cause devices set to stop flow at a
facility drainage drains directly into a a discharge as described in § 112.1(b). predetermined container content level.
watercourse and not into an on-site (iii) Open the bypass valve and reseal (iii) Direct audible or code signal
wastewater treatment plant, you must it following drainage under responsible communication between the container
inspect and may drain uncontaminated supervision; and
retained stormwater, as provided in (iv) Keep adequate records of such gauger and the pumping station.
paragraphs (c)(3)(ii), (iii), and (iv) of this events, for example, any records (iv) A fast response system for
section, required under permits issued in determining the liquid level of each
[3) Design facility drainage systems accordance with §§ 122.41[i)[2) and bulk storage container such as digital
computers, telepulse, or direct vision
from undiked areas with a potential for 122.41(m)(3) of this chapter.
a discharge (such as where piping is (4) Protect any completely buried' gauges. If you use this alternative, a
located outside containment walls or metallic storage tank installed on or person must be present to monitor
where tank truck discharges may occur after January 10, 1974 from corrosion by gauges and the overall filling of bulk
outside the loading area) to flow into coatings or cathodic protection storage containers.
ponds, lagoons, or catchment basins compatible with local soil conditions. (v) You must regularly test liquid
designed to retain oil or return it to the You must regularly leak test such level sensing devices to ensure proper
facility. You must not locate catchment completely buried metallic storage operation.
basins in areas subject to periodic tanks. (9) Observe effluent treatment
flooding. (5) Not use partially buried or facilities frequently enough to detect
(4) If facility drainage is not bunkered metallic tanks for the storage possible system upsets that could cause
engineered as in paragraph (b)(3) of this of oil, unless you protect the buried a discharge as described in § 112.1Co).
section, equip the final discharge of all section of the tank from corrosion. You (10) Promptly correct visible
ditches inside the facility with a must protect partially buried and discharges which result in a loss of oil
diversion system that would, in the bunkered tanks from corrosion by from the container, including but not
event of an uncontrolled discharge, coatings or cathodic protection limited to seams, gaskets, piping,
retain oil in the facility, compatible with local soil conditions, pumps, valves, rivets, and bolts. You
(5) Where drainage waters are treated (6)Test each aboveground container must promptly remove any
in more than one treatment unit and for integrity on a regular schedule, and accumulations of oil in diked areas.
such treatment is continuous, and pump whenever you make material repairs. (11) Position or locate mobile or
transfer is needed, provide two "lift" The frequency of and type of testing portable oil storage containers to
pumps and permanently install at least must take into account container size prevent a discharge as described in
one of the pumps. Whatever techniques and design (such as floating roof, skid- § 112.1(b). You must furnish a
you use, you must engineer facility mounted, elevated, or partially buried), secondary means of containment, such
drainage systems to prevent a discharge You must combine visual inspection as a dike or catchment basin, sufficient
as described in § l12.1(b) in case there with another testing technique such as to contain the capacity of the largest
is an equipment failure or human error hydrostatic testing, radiographic testing, single compartment or container with
at the facility, ultrasonic testing, acoustic emissions sufficient freeboard to contain
(c) Bulk storage containers. (1) Not testing, or another system of non- precipitation.
use a container for the storage of oil destructive shell testing. You must keep (d) Facility transfer operations,
unless its material and construction are comparison records and you must also pumping, and facility proc~ss. [1)
compatible with the material stored and inspect the container's supports and Provide buried piping that is installed
conditions of storage such as pressure foundations. In addition, you must or replaced on or after August 16, 2002,
and temperature, frequently inspect the outside of the with a protective wrapping and coating.
(2) Construct all bulk storage container for signs of deterioration, You must also cathodically protect such
container installations so that you discharges, or accumulation of oil inside buried piping installations or otherwise
provide a secondary means of diked areas. Records of inspections and satisfy the corrosion protection
containment for the entire capacity of tests kept under usual and customary standards for piping in part 280 of this
the largest single container and business practices will suffice for chapter or a State program approved
sufficient freeboard to contain purposes of this paragraph, under part 281 of this chapter. If a
precipitation. You must ensure that (7) Control leakage through defective section of buried line is exposed for any
diked areas are sufficiently impervious internal heating coils by monitoring the reason, you must carefully inspect it for
to contain discharged oil. Dikes, steam return and exhaust lines for deterioration. If you ftnd corrosion
containment curbs, and pits are contamination from internal heating damage, you must undertake additional
commonly employed for this purpose, coils that discharge into an open examination and corrective action as
47148 Federal Register/Vol. 67, No. 137/Wednesday, July 17, 2002/Rules and Regulations
indicated by the magnitude of the installations with a secondary means of contain discharges of fuel, crude oil, or
damage, containment for the entire capacity of oily drilling fluids.
(2) Cap or blank-flange the terminal the largest single container and (d) Install a blowout prevention (BOP)
connection at the transfer point and sufficient freeboard to contain assembly and well control system before
mark it as to origin when piping is not precipitation. You must safely confine drilling below any casing string or
in service or is in standby service for an drainage from undiked areas in a during workover operations. The BOP
extended time. catchment basin or holding pond. assembly and well control system must
(3) Properly design pipe supports to (3) Periodically and upon a regular be capable of controlling any well-head
minimize abrasion and corrosion and schedule visually inspect each container pressure that may be encountered while
allow for expansion and contraction, of oil for deterioration and maintenance that BOP assembly and well control
(4) Regularly inspect all aboveground needs, including the foundation and system are on the well.
valves, piping, and appurtenances, support of each container that is on or
During the inspection you must assess above the surface of the ground. § 112.11 Spill Prevention, Control, and
Countermeasure Plan requirements for
the general condition of items, such as (4) Engineer or update new and old offshore oll drilling, production, or
flange joints, expansion joints, valve tank battery installations in accordance workover facilities.
glands and bodies, catch pans, pipeline with good engineering practice to
supports, locking of valves, and metal prevent discharges. You must provide at If you are the owner or operator of an
surfaces. You must also conduct least one of the following: offshore oil drilling, production, or
integrity and leak testing of buried (i) Container capacity adequate to workovar facility, you must:
piping at the time of installation, assure that a container will not overfill (a) Meet the general requirements
modification, construction, relocation, if a pumper/gauger is delayed in making listed under § 112.7, and also meet the
or replacement, regularly scheduled rounds, specific discharge prevention and
(5) Warn all vehicles entering the (ii) Overflow equalizing lines between containment procedures listed under
facility to be sure that no vehicle will containers so that a full container can this section.
(b) Use oil drainage collection
endanger aboveground piping or other overflow to an adjacent container, equipment to prevent and control small
oil transfer operations. (iii) Vacuum protection adequate to
prevent container collapse during a oil discharges around pumps, glands,
§ 112.9 Spitl Prevention, Control, and pipeline run or other transfer of oil from valves, flanges, expansion ioints, hoses,
Countermeasure Plan requirements for the container, drain lines, separators, treaters, tanks,
onshore oil production facilities. (iv) High level sensors to generate and and associated equipment. You must
If you are the owner or operator of an transmit an alarm signal to the computer control and direct facility drains toward
onshore production facility, you must: where the facility is subject to a a central collection sump to prevent the
(a) Meet the general requirements for computer production control system, facility from having a discharge as
the Plan listed under § 112.7, and the (d) Facility transfer operations, oil described in § 112.1(b). Where drains
specific discharge prevention and production facility. (1) Periodically and and sumps are not practicable, you must
containment procedures listed under upon a regular schedule inspect all remove oil contained in collection
this section, equipment as often as necessary to
(b) Oil production facility drainage, aboveground valves and piping
associated with transfer operations for prevent overflow.
(1) At tank batteries and separation and the general condition of flange joints, (c) For facilities employing a sump
treating areas where there is a valve glands and bodies, drip pans, pipe system, provide adequately sized sump
reasonable possibility of a discharge as supports, pumping well polish rod and drains and make available a spare
pump to remove liquid from the sump
described in § 112.1(b), close and seal at stuffing boxes, bleeder and gauge valves, and assure that oil does not escape. You
all times drains of dikes or drains of and other such items.
equivalent measures required under (2) Inspect saltwater (oil field brine) must employ a regularly scheduled
§ 112.7(c}(1), except when draining disposal facilities often, particularly preventive maintenance inspection and
uncontaminated rainwater. Prior to following a sudden change in testing program to assure reliable
drainage, you must inspect the diked atmospheric temperature, to detect operation of the liquid removal system
area and take action as provided in possible system upsets capable of and pump start-up device. Redundant
§ 112.8(c)(3)(ii), (iii), and (iv). You must causing a discharge, automatic sump pumps and control
remove accumulated oil on the (3) Have a program of flowline devices may be required on some
rainwater and return it to storage or maintenance to prevent discharges from installations.
dispose of it in accordance with legally each flowline. (d) At facilities with areas where
approved methods, separators and treaters are equipped
(2) Inspect at regularly scheduled § 112.10 Spill Prevention, Control, and with dump valves which predominantly
intervals field drainage systems (such as Countermeasure Plan requirements for fail in the closed position and where
drainage ditches or road ditches), and onshore oil drilling and workover facilities, pollution risk is high, specially equip
oil traps, sumps, or skimmers, for an If you are the owner or operator of an the facility to prevent the discharge of
accumulation of oil that may have onshore oil drilling and workover oil. You must prevent the discharge of
resulted from any small discharge. You facility, you must: oil by:
must promptly remove any (a) Meet the general requirements (1) Extending the flare line to a diked
accumulations of oil. listed under § 112.7, and also meet the area if the separator is near shore;
(c) Oil production facility bulk storage specific discharge prevention and (2) Equipping the separator with a
containers. (1) Not use a container for containment procedures listed under high liquid level sensor that will
the storage of oil unless its material and this section, automatically shut in wells producing to
construction are compatible with the (b) Position or locate mobile drilling the separator; or
material stored and the conditions of or workovar equipment so as to prevent (3) Installing parallel redundant dump
storage, a discharge as described in § 112.1(b). valves.
(2) Provide all tank battery, (c} Provide catchment basins or (e} Equip atmospheric storage or surge
separation, and treating facility diversion structures to intercept and containers with high liquid level
Federal Register/Vol. 67, No. 137/Wednesday, July 17, 2002/Rules and Regulations 47149
sensing devices that activate an alarm or 4. Part 112 is amended by adding outside the loading area) to flow into
control the flow, or otherwise prevent subpart C consisting of §§ 112.12 ponds, lagoons, or catchment basins
discharges, through 112.15 to read as follows: designed to retain oil or return it to the
(f) Equip pressure containers with Subpart C--Requirements for Animal Fats facility. You must not locate catchment
high and low pressure sensing devices and Oils and Greases, and Fish and Marine basins in areas subiect to periodic
that activate an alarm or control the Mammal Oils; and for Vegetable Oils, flooding.
flow. Including Oils from Seeds, Nuts, Fruits and (4) If facility drainage is not
(g) Equip containers with suitable Kernels engineered as in paragraph (b)(3) of this
corrosion protection. Sec. section, equip the final discharge of all
(h) Prepare and maintain at the 112.12 Spill Prevention, Control, and ditches inside the facility with a
facility a written procedure within the Countermeasure Plan requirements for diversion system that would, in the
Plan for inspecting and testing pollution onshore facilities (excluding production event of an uncontrolled discharge,
prevention equipment and systems, facilities), retain oil in the facility.
112.13 Spill Prevention, Control, and (5) Where drainage waters are treated
(i) Conduct testing and inspection of Countermeasure Plan requirements for in more than one treatment unit and
the pollution prevention equipment and onshore oil production facilities.
systems at the facility on a scheduled 112.14 Spill Prevention, Control, and such treatment is continuous, and pump
periodic basis, commensurate with the Countermeasure Plan requirements for transfer is needed, provide two "lift"
complexity, conditions, and onshore oil drilling and workover pumps and permanently install at least
circumstances of the facility and any facilities, one of the pumps. Whatever techniques
other appropriate regulations. You must 112.15 Spill Prevention, Control, and you use, you must engineer facility
Countermeasure Plan requirements for drainage systems to prevent a discharge
use simulated discharges for testing and offshore oil drilling, production, or as described in § 112.1(b) in case there
inspecting human and equipment workover facilities.
pollution control and countermeasure is an equipment failure or human error
systems. Subpart C~Requlrements for Animal at the facility.
(j) Describe in detailed records surface Fats and Oils and Greases, and Fish (c) Bulk storage containers. (1} Not
and subsurface well shut-in valves and and Marine Mammal Oils; and for use a container for the storage of oil
devices in use at the facility for each Vegetable Oils, Including Oils from unless its material and construction are
well sufficiently to determine their Seeds, Nuts, Fruits, and Kernels. compatible with the material stored and
method of activation or control, such as conditions of storage such as pressure
pressure differential, change in fluid or §112.12 Spill Prevention, Control, and and temperature.
flow conditions, combination of Countermeasure Plan requirements for (2) Construct all bulk storage
onshore facilities (excluding production container installations so that you
pressure and flow, manual or remote facilitlee) provide a secondary means of
control mechanisms. If you are the owner or operator of an containment for the entire capacity of
(k) Install a BOP assembly and well onshore facility (excluding a production the largest single container and
control system during workover facility), you must: sufficient freeboard to contain
operations and before drilling below any [a) Meet the general requirements for precipitation. You must ensure that
casing string. The BOP assembly and the Plan listed under § 112.7, and the diked areas are sufficiently impervious
well control system must be capable of specific discharge prevention and to contain discharged oil. Dikes,.
controlling any well-head pressure that containment procedures listed in this containment curbs, and pits are
may be encountered while the BOP section, commonly employed for this purpose.
assembly and well control system are on (b) Facility clr~inage. (1} Restrain You may also use an alternative system
the well. drainage from diked storage areas by consisting of a drainage trench
(1) Equip all manifolds (headers) with valves to prevent a discharge into the enclosure that must be arranged so that
check valves on individual flowlinas, drainage system or facility effluent any discharge will terminate and be
(m) Equip the flowline with a high treatment system, except where facility safely confined in a facility catchment
pressure sensing device and shut-in systems are designed to control such
basin or holding pond.
valve at the wellhead if the shut-in well discharge. You may empty diked areas (3) Not allow drainage of
pressure is greater than the working by pumps or ejectors; however, you uncontaminated rainwater from the
pressure of the flowline and manifold must manually activate these pumps or diked area into a storm drain or
valves up to and including the header ejectors and must inspect the condition discharge of an effluent into an open
valves. Alternatively you may provide a of the accumulation before starting, to watercourse, lake, or pond, bypassing
pressure relief system for flowlines, ensure no oil will be discharged, the facility treatment system unless you:
(nj Protect all piping appurtenant to (2) Use valves of manual, open-and- (i) Normally keep the bypass valve
the facility from corrosion, such as with closed design, for the drainage of diked sealed closed.
protective coatings or cathodic areas. You may not use flapper-type (ii) Inspect the retained rainwater to
protection, drain valves to drain diked areas. If your ensure that its presence will not cause
(o) Adequately protect sub-marine facility drainage drains directly into a a discharge as described in § 112.1{b).
piping appurtenant to the facility watercourse and not into an on-site (iii) Open the bypass valve and reseal
against environmental stresses and other wastewater treatment plant, you must it fo[lowing drainage under responsible
activities such as fishing operations, inspect and may drain uncontaminated supervision; and
(p} Maintain sub-marine piping retained stormwatar, subject to the (iv) Keep adequate records of such
appurtenant to the facility in good requirements of paragraphs (c)(3)(ii), events, for example, any records
operating condition at all times. You (iii}, and (iv) of this section, required under permits issued in
must periodically and according to a (3) Design facility drainage systems accordance with §§ 122.41(j)(2) and
schedule inspect or test such piping for from undiked areas with a potential for 122.41(m}(3} of this chapter.
failures. You must document and keep a discharge (such as where piping is (4) Protect any completely buried
a record of such inspections or tests at located outside containment walls or metallic storage tank installed on or
the facility, where tank truck discharges may occur after January 10, 1974 from corrosion by
47150 Federal Register/Vol. 67, No. 137/Wednesday, July 17, 2002/Rules and Regulations
coatings or cathodic protection (v) You must regularly test liquid §112.13 Spill Prevention, Control, and
compatible with local soil conditions, level sensing devices to ensure proper Countermeasure Plan requlmment~ for
You must regularly leak test such operation, onshore oil production facilities.
completely buried metallic storage (9) Observe effluent treatment If you are the owner or operator of an
onshore production facility, you must:
tanks, facilities frequently enough to detect (a) Meet the general requirements for
(5) Not use partially buried or possible system upsets that could cause the Plan listed under § 112.7, and the
bunkered metallic tanks for the storage
of oil, unless you protect the buried a discharge as described in § 112.1(b). specific discharge prevention and
section of the tank from corrosion. You (10) Promptly correct visible containment procedures listed under
must protect partially buried and discharges which result in a loss of oil this section.
bunkered tanks from corrosion by from the container, including but not (b) Oil production facility drainage.
coatings or cathodic protection limited to seams, gaskets, piping, (1) At tank batteries and separation and
compatible with local soil conditions, pumps, valves, rivets, and bolts. You treating areas where there is a
(6)Test each aboveground container must promptly remove any reasonable possibility of a discharge as
for integrity on a regular schedule, and accumulations of oil in diked areas, described in § 112.1(b), close and seal at
whenever you make material repairs. (11) Position or locate mobile or all times drains of dikes or drains of
The frequency of and type of testing portable oil storage containers to equivalent measures required under
must take into account container size prevent a discharge as described in § 112.7(c)(1), except when draining
and design (such as floating roof, skid- § llZ.l(b). You must furnish a uncontaminated rainwater. Prior to
mounted, elevated, or partially buried), secondary means of containment, such drainage, you must inspect the diked
You must combine visual inspection as a dike or catchment basin, sufficient area and take action as provided in
with another testing technique such as to contain the capacity of the largest § 112.12(c)(3)(ii), (iii), and (iv). You
hydrostatic testing, radiographic testing, single compartment or container with must remove accumulated oil on the
ultrasonic testing, acoustic emissions sufficient freeboard to contain rainwater and return it to storage or
testing, or another system of non- precipitation, dispose of it in accordance with legally
destructive shell testing. You must keep approved methods.
comparison records and you must also (d) Facility transfer operations, [2) Inspect at regularly scheduled
pumping, and facility process. (1) intervals field drainage systems (such as
inspect the container's supports and Provide buried piping that is installed
foundations. In addition, you must
frequently inspect the outside of the or replaced on or after August 16, 2002, oil drainage traps, ditches sumps, or or road skimmers, ditches), for and an
with a protective wrapping and coating, accumulation of oil that may have
container for signs of deterioration, You must also cathodically protect such resulted from any small discharge. You
discharges, or accumulation of oil inside buried piping installations or otherwise must promptly remove any
diked areas. Records of inspections and satisfy the corrosion protection accumulations of oil.
tests kept under usual and customary standards for piping in part 280 of this (c) Oil production facility bulk storage
business practices will suffice for chapter or a State program approved containers. (1) Not use a container for
purposes of this paragraph, under part 281 of this chapter. If a
(7) Control leakage through defective the storage of oil unless its material and
internal heating coils by monitoring the section of buried line is exposed for any construction are compatible with the
steam return and exhaust lines for reason, you must carefully inspect it for material stored and the conditions of
contamination from internal heating deterioration. If you find corrosion storage.
coils that discharge into an open damage, you must undertake additional (2) Provide all tank battery,
examination and corrective action as
watercourse, or pass the steam return or separation, and treating facility
exhaust lines through a settling tank, indicated by the magnitude of the installations with a secondary means of
skimmer, or other separation or damage, containment for the entire capacity of
retention system. (2) Cap or blank-flange the terminal the largest single container and
(8) Engineer or update each container connection at the transfer point and sufficient freeboard to contain
installation in accordance with good mark it as to origin when piping is not precipitation. You must safely confine
engineering practice to avoid in service or is in standby service for an drainage from undiked areas in a
discharges. You must provide at least extended time. catchment basin or holding pond.
one of the following devices: (3) Properly design pipe supports to (3) Periodically and upon a regular
(i) High liquid level alarms with an minimize abrasion and corrosion and schedule visually inspect each container
audible or visual signal at a constantly allow for expansion and contraction, of oil for deterioration and maintenance
attended operation or surveillance (4) Regularly inspect all aboveground needs, including the foundation and
station. In smaller facilities an audible valves, piping, and appurtenances, support of each container that is on or
air vent may suffice, above the surface of the ground.
(ii) High liquid level pump cutoff During the inspection you must assess (4) Engineer or update new and old
devices set to stop flow at a the general condition of items, such as tank battery installations in accordance
predetermined container content level, flange joints, expansion joints, valve with good engineering practice to
(iii) Direct audible or code signal glands and bodies, catch pans, pipeline prevent discharges. You must provide at
communication between the container supports, locking of valves, and metal least one of the following:
gauger and the pumping station, surfaces. You must also conduct (i) Container capacity adequate to
(iv) A fast response system for integrity and leak testing of buried assure that a container will not overfill
determining the liquid level of each piping at the time of installation, if a pumper/gauger is delayed in making
bulk storage container such as digital modification, construction, relocation, regularly scheduled rounds.
computers, telepulse, or direct vision or replacement. (ii) Overflow equalizing lines between
gauges~ If you use this alternative, a (5) Warn all vehicles entering the containers so that a full container can
person must be present to monitor facility to be sure that no vehicle will overflow to an adiacant container.
gauges and the overall filling of bulk endanger aboveground piping or other (iii) Vacuum protection adequate to
storage containers, oil transfer operations, prevent.container collapse during a
Federal Register/Vol. 67, No. 137/Wednesday, July 17, 2002/Rules and Regulations 47151
pipeline run or other transfer of oil from drain lines, separators, treaters, tanks, method of activation or control, such as
the container, and associated equipment. You must pressure differential, change in fluid or
(iv) High level sensors to generate and control and direct facility drains toward flow conditions, combination of
transmit an alarm signal to the computer a central collection sump to prevent the pressure and flow, manual or remote
where the facility is subject to a facility from having a discharge as control mechanisms.
computer production control system, described in § 112.1(b). Where drains (k) Install a BOP assembly and well
(al)Facility transfer operations, oil and sumps are not practicable, you must control system during workover
production facility. (1) Periodically and remove oil contained in collection operations and before drilling below any
upon a regular schedule inspect all equipment as often as necessary to casing string. The BOP assembly and
aboveground valves and piping prevent overflow, well control system must be capable of
associated with transfer operations for (c) For facilities employing a sump controlling any well-head pressure that
the general condition of flange joints, system, provide adequately sized sump may be encountered while that BOP
valve glands and bodies, drip pans, pipe and drains and make available a spare assembly and well control system are on
supports, pumping well polish rod pump to remove liquid from the sump the well.
stuffing boxes, bleeder and gauge valves, and assure that oil does not escape. You
and other such items, must employ a regularly scheduled (1) Equip all manifolds (headers) with
(2) Inspect saltwater (oil field brine) preventive maintenance inspection and check valves on individual flowlines.
disposal facilities often, particularly testing program to assure reliable (m) Equip the flowline with a high
following a sudden change in operation of the liquid removal system pressure sensing device and shut-in
atmospheric temperature, to detect and pump start-up device. Redundant valve at the wellhead if the shut-in well
possible system upsets capable of automatic sump pumps and control pressure is greater than the working
causing a discharge, devices may be required on some pressure of the flowline and manifold
(3) Have a program of flowline installations. ' valves up to and including the header
maintenance to prevent discharges from (d) At facilities with areas where valves. Alternatively you may provide a
each flowline, separators and treaters are equipped pressure relief system for flowlines.
§112.14 Spill Prevention, Control, and with dump valves which predominantly (n) Protect all piping appurtenant to
Countermeasure Plan requirements for fail in the closed position and where the facility from corrosion, such as with
onshore oil drilling and workover facilities, pollution risk is high, specially equip protective coatings or cathodic
If you are the owner or operator of an the facility to prevent the discharge of protection.
onshore oil drilling and workover oil. You must prevent the discharge of (o) Adequately protect sub-marine
facility, you must: oil by: piping appurtenant to the facility
(a) Meet the general requirements (1) Extending the flare line to a diked against environmental stresses and other
listed under § 112.7, and also meet the area if the separator is near shore; activities such as fishing operations.
specific discharge prevention and (2) Equipping the separator with a
containment procedures listed under high liquid level sensor that will (p) Maintain sub-marine piping
this section, automatically shut in wells producing to appurtenant to the facility in good
operating condition at all times. You
(b) Position or locate mobile drilling the separator; or
or workover equipment so as to prevent [3) Installing parallel redundant dump must periodically and according to a
valves, schedule inspect or test such piping for
a discharge as described in § 112.1(b).
(c) Provide catchment basins or (e) Equip atmospheric storage or surge failures. You must document and keep
diversion structures to intercept and containers with high liquid level a record of such inspections or tests at
contain discharges of fuel, crude oil, or sensing devices that activate an alarm or the facility.
oily drilling fluids. . control the flow, or otherwise prevent
(d) Install a blowout prevention (BOP) discharges. 5. Part 112 is amended by designating
assembly and well control system before (f) Equip pressure containers with §§ 112.20 and 112.21 as subpart D, and
drilling below any casing string or high and low pressure sensing devices adding a subpart heading as follows:
during workover operations. The BOP that activate an alarm or control the Subpart D--Response Requirements
assembly and well control system must flow. Sec.
be capable of controlling any well-head (g) Equip containers with suitable 112.2o Facility response plans.
corrosion protection. 112.21 Facility response training and drills/
pressure that may be encountered while (h) Prepare and maintain at the exercises.
that BOP assembly and well control facility a written procedure within the
system are on the well. Plan for inspecting and testing pollution Subpart D---Response Requirements
§ 112.15 Spill Prevention, Control, and prevention equipment and systems.
Countermeasure Plan requirements for (i) Conduct testing and inspection of 6. Section 112.20 is amended by
offshore oil drilling, production, or the pollution prevention equipment and revising the first sentence of paragraph
workover facilities, systems at the facility on a scheduled (h) to read as follows:
If you are the owner or operator of an periodic basis, commensurate with the § 112~20 Facility response plans.
offshore oil drilling, production, or complexity, conditions, and . . . . .
workover facility, you must: circumstances of the facility and any
(a) Meet the general requirements other appropriate regulations. You must (h) A response plan shall follow the
listed under § 112.7, and also meet the use simulated discharges for testing and format of the model facility-specific
specific discharge prevention and inspecting human and equipment response plan included in Appendix F
containment procedures listed under pollution control and countermeasure to this part, unless .you have prepared
this section, systems, an equivalent response plan acceptable
(b) Use oil drainage collection (j) Describe in detailed records surface to the Regional Administrator to meet
equipment to prevent and control small and subsurface well shut-in valves and State or other Federal requirements. * *
oil discharges around pumps, glands, devices in use at the facility for each *
valves, flanges, expansion joints, hoses, well sufficiently to determine their * * * * *
47152 Federal Register/Vol. 67, No. 137/Wednesday, July 17, 2002/Rules and Regulations
Appendix C--[Amended] cl Revising paragraph (7) and the Plan. You must include the inspection
7. Appendix C of part 112 is amended undesignated paragraph and NOTE records for each container, secondary
by: following paragraph (7) in section 1.7.3; containment, and item of response
a. Revising the first sentence of d. Revising section 1.8.1; equipment at the facility. You must cross-
section 2.1; and e. Revising the first two sentences of reference the records of inspections of each
container and secondary containment
b. Revising the title and first sentence section 1.8.1.1. introductory text; required by 40 CFR 112.7(e) in the facility
of section 2.4. f. Revising the next to the last response plan. The inspection record of
sentence of section 1.8.1.3; response equipment is a new requirement in
Appendix C to Part 112---Substantial g. Revising the next to last sentence of this plan. Facility se]f-inspection requires
Harm Criteria section 1.10.; two-steps: (1) a checklist of things to inspect;
* * * * * h. Revising paragraph (6) of section and (2) a method of recording the actual
2.1; inspection and its findings. You must note
2.1 Non-Transportation-Belated Facilities i. Remove the acronym "SIC" in the date of each inspection. You must keep
With a Total Oil Storage Capacity Greater
Than orEqual to 42,000 Gallons Where section 3.0, and add in alphabetical facility response plan records for five years.
Operations Include Over-Water Transfers of order the acronym "NAICS'; and. You must keep SPCC records for three years,
Oil j, Remove the reference to "Standard * * * * *
A non-transportation-related facility with a Industrial Classification (SIC) Code" in 1.8.1.1. Tank Inspection
total oil storage capacity greater than or equal Attachment F-l, General Information,
to 42,000 gallons that transfers oil over water and add in in alphabetical order a The tank inspection checklist presented
below has been included as guidance during
to or from vessels must submit a response reference to "North American Industrial inspections and monitoring. Similar
plan to EPA. * * * Classification System (NAICS) Code." requirements exist in 40 CFR part 112,
* * * * * The revisions read as follows: subparts A through C. * * *
2.4 Proximity to Public Drinking Water Appendix F to Part 112--Facility-Specific * * * * *
Intakes at Facilities with a Total Oil Storage Response Plan
1.8.1.3 Secondary Containment Inspection
Capacity Greater than or Equal to 1 Million * * * * *
Gallons * * * * *
A facility with a total oil storage capacity 1.2.7 Current Operation * * * Similar requirements exist in 40
greater than or equal to 1 million gallons Briefly describe the facility's operations CFR part 112, subparts A through C. * * *
must submit its response plan if it is located and include the North American Industrial * * * * *
at a distance such that a discharge from the Classification System (NAICS) code.
facility would shut down a public drinking * * * * * 1.10 Security
According to 40 CFR 112.7(g) facilities are
water intake, which is analogous to a public 1.4.3 Analysis of the Potential for an Oil required to maintain a certain level of
.w.ata. r system as described at 4O CFR 143.2(c), Discharge security, as appropriate. * * *
* * * This analysis shall incorporate * * * * *
factors such as oil discharge history,
Appendix D~[Amended] horizontal range of a potential discharge, and 2.1 General Information
vulnerability to natural disaster, and shall, as * * * *
8. Appendix D of part 112 is amended appropriate, incorporate other factors such as (6) North American Industrial
by revising footnote 2 to section A.2 of tank age, * * * The owner or operator may Classification System (NAICS) Code: Enter
Part A to read as follows: need to research the age of the tanks the oil the facility's NAICS code as determined by
Appendix D to Part 112--Determination of a discharge history at the facility, the Office of Management and Budget (this
Worst Case Discharge Planning Volume * * * * * information may be obtained from public
library resources.)
* * * * * 1.7,3 Containment and Drainage Planning . . ·. . .
PartA* * * . · · . .
* * * * * (7) Other cleanup materials. 3.0 Acronyms
A.2 Secondary Containment--Multiple-Tank In addition, a facility owner or operator * * * * *
Facilities must meet the inspection and monitoring NAICS: North American Industrial
. . . . . requirements for drainage contained in 40 Classification System
CFR part 112, subparts A through C. A copy . . . . .
Secondary containment is described in 40 of the containment and drainage plans that
CFR part 112, subparts A through C. are required in 40 CFR part 112, subparts A Attachments to Appendix F
Acceptable methods and structures for through C may be inserted in this section, Attachment F-I--Response Plan Cover Sheet
containment are also given in 40 CFR including any diagrams in those plans. . . . . .
112.7(c)(1). Note: The general permit for stormwater
* * * * * drainage may contain additional General Information
Appendix Fro[Amended] requirements ......
* * * * * North American Industrial Classification
9. Appendix F of part 112 is amended System (NAICS) Code:
by: 1.8.1 Facility Self-Inspection . . . . .
a, Revising section 1.2.7; Under 40 CFR 112.7[e), you must include
b. Revising the second and last the written procedures and records of [FR Doc. 02-16852 Filed 7-16-02; 8:45 am]
sentences of section 1.4.3; inspections for each facility in the SPCC
August 22, 2003
Agent for Service of Process:
F~R~ c,~.~F Charles R. McCan
~oN ~..~zE 3 I01 State Road
ADMINISTRATIVE SERVICES Bakersfield,
CA
93308
2101 "H" Street
Bakersfield, CA 93301
VOICE (661) 326-3941 Certified Mail
FAX (661) 395-1349
SUPPRESSION SERVICES
2101 "H' Street WHOLESALE FUELS, INC., DOCKET NO.: 2003-1 I
Bakersfield, CA 93301
VOICE (661) 326-3941
FAX (661)395-1349
To whom it may concern:
PREVENTION SERVICES
FIRE SAFETY SERVICES o ENVIRONMENTAL SERVICES
1715 Chester Ave.
Bakersfield, CA 93301 Enclosed please find an Enforcement Order and related documents concerning
VOICE (661) 326-3979 violations of Chapter 6.5 of Division 20 of the California Health and Safety
FAX (661) 326-0576
Code. This Enforcement Order pertains to the illegal discharge of a hazardous
PUBLIC EDUCATION waste and does not preclude this Office from taking additional enforcement
1715 Chester Ave.
and
action.
Bakersfield, CA 93301 compliance
VOICE (661) 326-3696
FAX (661) 326-0576
AS indicated in the enclosures, you have a fight to a hearing. Whether or not
FIRE INVESTIGATION you choose to pursue an appeal, you are encouraged to explore the possibility
1715 Chester Ave.
Bakersfield, CA 93301 of settlement by contacting me at 1715 Chester Avenue, Suite 300,
vOiCE (664)320-3954 Bakersfield, CA 93301, telephone (661) 326-3979.
FAX (661) 326-0570
TRAINING DIVISION Sincerely,
Bakersfield, CA 93308
VOICE (661) 399-4697
FAX (661) 399-5763
Ralph E. Huey
Director of Prevention Services
Enclosures
, a"' Postage $
~ r-~ C, erti~ed Fee
~ ~ Po~
Ream R~ Fee
~ ~ ~nt R~ulr~) Hem
~ ~ Re~ed Del~e~ Fee
~ ~ ~ndo~mentRequi~)
~ ~ T~ Po~a~ & F~a ~
~t ro ~ .... ~ ' ~
~~l~.~~..~..=~.~.~ ...................
STATE OF CALIFORNIA
CITY OF BAKERSFIELD
CERTIFIED UNIFIED PROGRAM AGENCY
In the Matter of: Docket No.: 2003-11
WHOLESALE FUELS, INC. STATEMENT TO RESPONDENT
A California corporation (C1104341 )
Enforcement Order
Respondent.
TO THE ABOVE RESPONDENT:
An Enforcement Order ("Order") is attached to this statement and is hereby
served upon you. The Order has been filed by the City of Bakersfield Certified Unified
Program Agency (CUPA).
Unless a written request for a hearing signed by you or on your behalf is
delivered or mailed to the 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. Allen Shaw
Deputy City Attorney
City Attorney's Office
City of Bakersfield
1501 Truxtun Avenue
Bakersfield, California 93301
Telephone: (661) 326-3721
The enclosed Notice of Defense, if signed and filed with the 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 the CUPA within ten (10) working days after you discover the good cause.
Failure to notify the CUPA within ten (10) working days will deprive you of a
postponement.
Copies of Government Code Sections 11507.5, 11507.6 and 11507.7 are
attached. If you desire the names and addresses of witnesses or an opportunity to
inspect and copy items in possession, custody or control of the CUPA, you may contact:
Mr. Allen Shaw
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 the CUPA to
discuss 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.
2
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 the CUPA, an Informal Conference has
been scheduled for:
Date: Wednesday, September 3, 2003
Time: 10:00 AM
Location: Prevention Services Division
3r'~ Floor Conference Room
City of Bakersfield
Development Services Building
1715 Chester Avenue
Bakersfield, California 93301
(661) 326-3979
You may inform the CUPA at the conference whether you wish to pursue a
formal hearing or waive your right to a formal hearing, as explained below.
FORMAL HEARING RIGHTS
YOU MUST FILE A WRITTEN REQUEST FOR A HEARING WITHIN FIFTEEN
(15) DAYS IF YOU WISH TO HAVE A FORMAL HEARING.
STATE OF CALIFORNIA
CITY OF BAKERSFIELD
CERTIFIED UNIFIED PROGRAM AGENCY
In the Matter of: Docket No.: 2003-11
WHOLESALE FUELS, INC. ENFORCEMENT ORDER
A California corporation (C1104341 )
Health and Safety Code Section
Respondent. 25187
INTRODUCTION
1. Parties. The Office of Environmental Services for the City of Bakersfield
Fire Department, a Certified Unified Program Agency (CUPA) authorized by the
Secretary of the California Environmental Protection Agency (Cai/EPA) to' administer
and enforce the Hazardous Substance Control Act in the City of Bakersfield, issues this
Enforcement Order (Order) to Wholesale Fuels, Inc., a California corporation
(C 1104341 ).
1.2. Site. Respondent generated, handled, treated, stored, and/or disposed of
hazardous waste at the following site(s), including, but not limited to: 2200 East
Brundage Lane, Bakersfield, CA 93307.
1.3 Generator. The Respondent generated the following hazardous wastes:
Used Oil, a "listed" hazardous waste pursuant to Article. 13 of Chapter 6.5 of the
California Health and Safety Code, Section 25250 et seq.
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.
1
DETERMINATION OF VIOLATIONS
The CUPA hereby determines that Respondent violated:
2.1 The Hazardous Waste Control Law (Health & Safety Code section 25100~
et seq.), to wit: section 25250.5(a): The disposal of used oil by discharqe to sewers1
drainaqe systems, surface water or .qroundwaterl watercourses, or marine waters; by
incineration or burninq as fuel; or by deposit to land1 is prohibited, unless authorized
under other provisions of law. On July 18, 2003 a Correction Notice (No. 04944) was
issued to Wholesale Fuels, Inc. specifying immediate compliance with used oil
discharge prohibitions. On August 13, 2003, a follow-up inspection documented
continued non-compliance with the original July 18, 2003 Correction Notice.
SCHEDULE FOR COMPLIANCE
3. Based on the forgoing DETERMINATION OF VIOLATIONS, IT IS
HEREBY ORDERED THAT:
3.1 Respondent shall make arrangements to prevent the discharge of used oil
to the land. Respondent shall also maintain the facility operation in compliance with all
applicable laws and regulations governing fire prevention and environmental protection,
including but not limited to, an environmental site assessment of the oil discharge areas
and compliance with the current federal requirements for a Spill Prevention Control and
Countermeasure (SPCC) plan, pursuant to Title 40 of the Code of Federal Regulations
(CFR) Part 112 et seq.
3.2 Submittals. A copy of the SPCC plan and any engineering and
administrative control documentation designed to prevent future used oil releases in
violation of the hazardous waste control law, shall be forwarded within thirty (30) days
from the date of this Order to:
Mr. Ralph Huey
Director of Prevention Services
City of Bakersfield
1715 Chester Avenue
Bakersfield, California 93301
2
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 Prevention Services or his/her designee. No informal advice, guidance,
suggestions, or comments by the CUPA regarding reports, plans, specifications,
schedules, or any writings by the Respondent shall be construed to relieve Respondent
of the obligation to obtain such formal approvals as may be required.
3.4 CUPA Review and Approval. If the CUPA determines that the schedule,
or other submitted for approval pursuant to this order fails to comply with the order or
fails to protect public health or safety or the environment, the CUPA may:
a. Modify the document as deemed necessary and approve the document as
modified, or
b. Return the document to Respondent with recommended changes and a
date by which Respondent with recommended changes and a date by which
Respondent must submit to the CUPA a revised document incorporating the
recommended changes.
3.5 Compliance with Applicable Laws. Respondent shall carry out this Order
in compliance with all local, State, and federal requirements, including but not limited to
requirements to obtain permits and to assure worker safety.
3.6 Endangerment 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 or to the environment, the CUPA
may order Respondent to stop further implementation of this Order for such period of
time as needed to abate the endangerment. Any deadline in this Order directly affected
by a Stop Work Order. under this section shall be extended for the term of the Stop
Work Order.
3
3.7 Liability. Nothing in this Order shall constitute or be construed as a
satisfaction or release from liability for any conditions or claims arising as a result of
past, current, or future operations of Respondent...other than those violations alleged in
section 2 of this order. Notwithstanding compliance with the terms of this Order,
Respondent may be required to take further actions as are necessary to protect public
health or welfare or the environment.
3.8 Data and Document Availability. Respondent shall permit the CUPA and
its authorized representatives to inspect and copy all sampling, testing, monitoring, and
other data generated by Respondent or on Respondent's behalf in any way pertaining
to work undertaken pursuant to this Order. Respondent.shall allow the CUPA and its
authorized representatives to take duplicates of any samples collected by Respondent
pursuant to this Order. Respondent shall maintain a central depository of the data,
reports, and other documents prepared pursuant to this Order. All such data, reports,
and other documents shall be preserved by Respondent for a minimum of three years
after the conclusion of all activities under this Order. If the CUPA requests that some or
all of these documents be preserved for a longer period of time, Respondent shall either
comply with that request, deliver the documents to the CUPA, or permit the CUPA to
copy the documents prior to destruction.
3.9 Government Liabilities. The City of Bakersfield shall not be liable for
injuries or damages to persons or property resulting from acts or omissions by
Respondent or related parties 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.
4
3.11 Incorporation of Plans and Reports. All plans, schedules, and reports that
require CUPA approval and are submitted by respondent pursuant to this Order are
incorporated in this Order upon approval by the CUPA.
3.12 Extension Request. If Respondent is unable to perform any activity or
submit any document within the time required under this Order, the Respondent may,
prior to expiration of the time, request an extension of time in writing. The extension
request shall include a justification for the delay.
3.13 Extension Approvals. If the CUPA determines that good cause exists for
an extension, it will grant the request and specify in writing a new compliance schedule.
3.14 Penalties for Noncompliance. Failure to comply with the terms of this
Order may also subject Respondent to costs, penalties, and/or punitive damages for
any costs incurred by the CUPA or other government agencies as a result of such
failure, as provided by HSC section 25188 and other applicable provisions of law.
3.15 Parties Bound. This Order shall apply to and be binding upon
Respondent, and its officers, directors and agents, including but not limited to
individuals, and upOn the CUPA and any successor agency that may have
responsibility for and jurisdiction over the subject matter of this order.
PENALTY
4. The CUPA assesses a penalty of $ 6,000. Payment of the total penalty of
$ 6,000 is due within thirty (30) days from .the effective date of the Order. Respondent's
check shall be made payable to City of Bakersfield, Certified Unified Program Agency,
and shall identify the Respondent and Docket Number, as shown in the heading of this
case. Respondent shall deliver the penalty payment to:
Ms. Susan Chichester
Business Manager
City of Bakersfield Fire Department
.2101 H Street
Bakersfield, California 93301
A photocopy of the check shall be sent to:
5
Mr. Ralph Huey
Director of Prevention Services
City of Bakersfield
1715 Chester Avenue
Bakersfield, California 93301
5. This Order is final and effective upon execution by the City and
Respondent.
6. "Days" for purposes of this Order means calendar days.
Date of Issuance: August 22, 2003.
Mr. '~r~l~'~.~ _ Date
Director of Prevention Services
City of Bakersfield
Wholesale Fuels, Inc. Date
Typed or Printed Name of
Respondent's Representative
cc: Mr. Allen Shaw
Deputy City Attorney
City Attorney's Office
City of Bakersfield
1501 Truxtun Avenue
Bakersfield,CA93301
6
ACKNOWLEDGMENT OF RECEIPT
Without admitting the violations, I acknowledge receipt of this Enforcement
Order, Statement to Respondent, Certification of Compliance form, and two copies of
the form entitled Notice of Defense.
DATED:
Signature
Print Name and Title
S:\CORRESPONDENCE~OO3-O8~ENFORCEMENTORDER_WFI_.DOC
7
STATE OF CALIFORNIA
CITY OF BAKERSFIELD
CERTIFIED UNIFIED PROGRAM AGENCY
In the Matter of: Docket No.: 2003-11
WHOLESALE FUELS, INC. NOTICE OF DEFENSE
A California corporation (C1104341 )
California 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)
STATE OF CALIFORNIA
CITY OF BAKERSFIELD
CERTIFIED UNIFIED PROGRAM AGENCY
In the Matter of: Docket No.: 2003-11
WHOLESALE FUELS, INC. NOTICE OF DEFENSE
A California corporation (C1104341)
California 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 11.507.5,
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)
~ov~r~m~ coo~
Section 11507.5. Exclusivity of discovery 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 a respondent or
other party is entitled to a hearing on the merits, a party, upon
written 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) All 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;
.~.~.1 ~ 5
(1/93)
(f) Investigative reports made 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 matters perceived by the
investigator in the course of his or her investigation, or (3)
contain or include by attachment any statement or writing
described in (a) to (e), inclusive, or summary thereof.
For the purpose of this section, "statements" include
written statements by the person signed or otherwise
authenticated by him or her, stenographic, mechanical, electrical
or other recordings, or transcripts thereof, of oral statements
by the person, and written reports or 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 attorney's work product.
(g) In any proceeding under.subdivision (i) or (j) of
Section 12940, or Section 19572 or 19702, alleging conduct which
constitutes sexual harassment, sexual assault, 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 be'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.
s~.~ 6
(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 the clerk. Where the order
denies relief to the petitioning party, the order, shall be
effective on the 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 court 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 substantial justification, 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. Nothing in this subdivision shall limit the
power of the superior court to compel obedience to its orders by
contempt proceedings.
8
(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 party; otherwise th~ court shall enter an order
denying the petition. The order to show cause shall be served
upon the respondent and his attorney of record in the
administrative proceeding by personal delivery or certified mail
and shall be returnable no earlier than 10 days from its issuance
nor later than 30 days after the filing of the petition. The
respondent party shall have the right to serve and file a written
answer or other response to the petition and order to show cause.
(d) The court may in its discretion order the
administrative proceeding stayed during the pendency of 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 court may order lodged with
it such matters as are provided in subdivision (b) of Section 915
of the Evidence Code and examine such matters in accordance 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 setting forth the matters or parts thereof the petitioner
5,~.zl 7
(1/93)
COI:JRECTION NalrlCE
05033
BAKERSFIELD FIRE DEPARTMENT
Location '~~ ~ ~~
Name ~~z~c~ ¢-o-~-~ /,,J¢.
You are hereby required to make the follov~ng
corrections at the above location:
Cor. No.
Completion Date for Corrections
Date
Inspector
~gso 326-3951
California Business Search Page 1 of 1
,..,.:; ,.:,.,..,s;,,_~..,.,,. y ,,.x,_ ,:'.,'.,u,.m; ..~.s,,, ,._,.~. r~..,~....:,l
DISCLAIMER: The information displayed here is current as of AUG 15, 2003 and is updated weekly. It is
not a complete or certified record of the Corporation.
Corporation
WHOLESALE FUELS, INC.
!Number: Cl104341 IlDate Filed: 2/25/1982 IlStatus: active
Jurisdiction: California
Mailing Address
POB 82277
BAKERSFIELD, CA 93380
Agent for Service of Process
CHARLES R MCCAN
3101 STATE ROAD
BAKERSFIELD, CA 93308
For information about certification of corporate records or for additional corporate information, please refer
to Corporate Records. If you are unable to locate a corporate record, you may submit a request to this office
for a more extensive search. Fees and instructions for requesting this search are included on the Corporate
Records Order Form.
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.
http://kepler, ss.ca.gov/corpdata/ShowAllList?QueryCorpNumber=C 1104341&printer=yes 8/21/2003
Mr. Charles McCan VIA HAND DELIVERY
JACO Oil
P.O. Box 1807
: .: ~ ;:. ~. Bakerstleld,
CA
93303-
1807
Dear Mr. McCain:
ADMINISTRATIVE SERVICES
2101 "H" Street
Bakersfield. CA 93301 A follow-up inspection was conducted by this office on August 13, 2003 at the
VOICE (661) 326-3941
FAX(661)395-1349 Wholesale Fuels Facility located at 2200 E. Brundage. The Hazardous Waste
violations (as seen in Figure I and 2) are worse than when originally cited in the
SUPPRESSION SERVICES
2101 "H"Street correction notice dated July 18, 2003 (also attached as Figure 3). This condition
Bakersfield. CA 93301 is judged to pose an immediate and significant threat to life, health and the
VOICE (661) 326-3941
FAX (661) 395-1349 environment.
PREVENTION
SERVICES
You are therefore directed to take immediate steps to correct this problem,
i.e.:
FIRE SAFETY SERVICES · ENVIRONMENTAL SERVICES
1715 Chester Ave. COrrect the operation or procedure that allows these spills to continue, as well as
Bakersfield, CA 93301
VOICE (661)326-3979 remove any existing petroleum product from the ground outside of the secondary
FAX (661) 326-0576
containment.
PUBLIC EDUCATION
1715 ChesterAve. [n order to avoid a cease and desist order this must be completed by 1:00 p.m. on
Bakersfield, CA 93301
VOICE (661)326-3696 Friday, August 15th. Failure to comply will result in a citation effecting
FAX (661)326-0576 Wholesale Fuels as well as all other JACO facilities in Bakersfield.
FIRE INVESTIGATION
1715 Chester Ave. Sincerely
yours,
Bakersfield, CA 93301
FAX (661) 326-0576 tO'/
TRAINING DIVISION
5642 Victor Ave.
Bakersfield, CA 93308
VOICE (661) 399-4697 Director of Prevention Services
FAX (661) 399-5763
REH/db
cc: Kirk Blair, Deputy Fire Chief
Allen Shaw, Deputy City Attorney II
plOlOlO4.jpg 1280x960x24b jpeg)
FIGURE i
p 1010103.jpg (1280x960x24b jpeg)
FIGURE 2
CO '(RECTION N"~TICE
BAKERSFIELD FIRE DEPARTMENT
Location ~-- '~ '~'; '-- '
You are hereby required to make the follovdng
corrections at the above location:
Completion Date for Corrections
/
Date ?/t ~/~-o; ~J,
Inspe~or
~ 326-3951
~ZGURE 3
CC~RECTION Nlil~.TIC E
0494~
BAKERSFIELD FIRE DEPARTMENT
Location
Name cO~-~,.c~,.~E ~-ue~-.~ /~JC.~
You are hereby required to make the follov, qng
corrections at the above location:
Completion Date for Corrections
9~e ?/~/~ ~'~
Inspe~or
~ 326-3951
April 4, 2000
Jaco Oil
FIRE CHIEF Mr. John Kerley
RON FRAZE
P O [lox 1807
~Dm.~T~ SF.m~CU Bakersfield CA 93303 1807
2101 'H' Street
Bakersfield, CA 93301
VOICE (80s) 32~a941
FAX (.o~) 30s-~34~ Dear Mr. Kerley:
SUPPRESSION SERVICE8
2101 'u' Strict You have been identified as the compliance coordinator for the
Bak,,~r,,ld. CA 0~0~ facility/facilities referenced in the attachment.
VOICE (805) 326-3941 "
The permits to operate this facility/facilities will expire on June 30, 2000.
PREVENTION SERVICE8
1715 C,h~ter Ave. However, in order for this office to renew your permit, updated forms A,
Bak~mfieid, CA 9.3.301
VOICE (805} 3~1 B, & C must be filled out and returned prior to the issuance of a new
FAX (mS) 32~S7~ permit.
ENVlRONYENT~I. $FRVICE8
1715 Ch~tm' Ave. Please make sure that you are sending the updated forms which are
Bakemfield, CA 9.~01
vOiCE (0o5) 3~3979 indicated by the date 7/99 in the lower left hand comer. Please complete
FAX
(~051
326-0576
and remm to this office by May 15, 2000. Failure to comply, will result in
TinNING DMSION a delay of issuance of your new permit to operate.
5642 Vk:tor Ave.
Bakemfleld, CA 93308
voice (~05) 3~-~97 Should you have any questions, please feel free to call me at
FAX (805) 399-5763
661-326-3979.
Sincerely,
Steve Underwood, Inspector
Office of Environmental Services
SU/dam
attachment
Facility Address
Farrells Fastrip 6401 White Lane, Bakersfield, Ca 93309
Fastrip 8001 White Lane, Bakersfield, Ca 93309
Fastrip 1200 Coffee Road, Bakersfield, Ca 93308
Fastrip 4901 S. Union Ave., Bakersfield, Ca 93307
Fastrip 2698 Oswell Street, Bakersfield, Ca 93306
Fastrip 1640 S. Chester Ave., Bakersfield, Ca 93304
Fastrip 805 34~ Street, Bakersfield, Ca 93301
Fastrip 12851 Rosedale Hwy, Bakersfield, Ca 93312
Fastrip 4013 S. "H" Street, Bakersfield, Ca 93304
Fastrip 6401 S. "II" Street, Bakersfield, Ca 93304
Wholesale Fuels ~00~ET~Brtm'dage~n,, Bakersfield, Ca 93307
Chris Liquors 2732 Brundage Ln., Bakersfield, Ca 93304
Howards 3200 Panama Lane, Bakersfield, Ca 93312
Howards 4201 Belle Terrace, Bakersfield, Ca 93309
Howards 3300 Planz Rd., Bakersfield, Ca 93309
CITY OF BAKERSFIELD
OFFICE OF ENVIRONMENTAL SERVICES
1715 Chester Ave., Bakersfield, CA (805) 326-3979
APPLICATION TO INSTALL AND/OR REMOVE
ABOVE GROUND STORAGE TANK(S)
In conformity with provisions of pertinent ordinances, codes and/or regulations, permission is
hereby granted to:
Name of Company Address
to display, store, install, use, operate, sell or handle materials or process involving or creating
conditions deemed hazardous to life or property as follows:
subject to the provisions and/or limitations as provided. Violation of pertinent ordinances, codes
and/or regulations shall void this permit.
C ss ea j
Permit Denied //
Date
~ ~~ by: Applic=t Nme (p~nt)
THIS APPLICATION BECOMES A PERMIT WHEN APPROVED
~-~'..~FROM : SUNSET MECHANICAL PHONE NO. : 805 3220660 Nov. 16 1999 12:58PM Pi
FAX COVER SHEET
Mechm~ical
Penorsme Dr.
~k~d, CA.
788
SEM) TO
O~ce I~catJon OrT~e I~catien
FROM : SUNSET MECHANICAL PHONE NO. : 885 3220660 Nov. 16 1999 12:58PM P2
T~: (ss~ ~.."' '
MOSIER BROS.
The Tank Bui~ers
WOOO~E, C~LIFORNIA ~2~57~
November 16, 1999
M~k Bla, okbum
661-322-0660
Dear Mr. Blackburn, ,
Thank you for your inquiry regarding 10,000 gallon vertical tanks.
Construetior~ details are as follows:
1. 10,000 gallon vetXical tank
2. l ff diameter x 1 $' height
.3. A-36 steel construction
4. 1/4" floor, 3/16" shells, I0 ga. ~onc roof
5. Top manhole
6. 8" ~nergency vent
7. Threaded opmaing as required
8. Underwri'~ers Laboratories Standard 142 listed - Steel .~oveground Tanks for
l~lammabl~ and Combustible Liquids :
As questions wise, please call.
Mark Taylor
STRAIGHT BILL OF LADING - SHORT FORM - ORIGINAL - NOT NEGOTIABLE -,
RECEIVED, subject to the classifications and lawfully filed tariffs in eff~the date of the issue of this Original Bill of Lading,
the property described below, in apparent good order except as noted (c(:~and condition of contents of 0ackages unknown), marked consigne(~:~estined as indicated below, which said carrier (the word carrier
being understood throughout this contract as meanin~ any person or corpo"~mn in possession of the property under the contract) agrees to carry to ~al place of delivery at said destination, if on its route, otherwise
to deliver to another carrier on the route to said destination. It is mutually agreed, as to each carrier of all or any of said property over alt or any portion of said route to destination, and as to each,.R, arty at any time
interested in all or any of said property, that every service to be performed hereunder shall be subject to all the terms and conditions of the Uniform Domestic Straight Bill of Lading set forth (1) in Official, Southern,
Western and Illinois Freight C~assificetions in effect on the date hereof, if this is a rail or a rail-water shipment, or (2) in the applicable motor carrier classification or tariff if this is a motor carrier shipment.
Shipper hereby certifies that he is familiar with all the terms and conditions of the said bill of lading, inctudin~l those on the back thereof, set forth in the classification or tariff which governs the transportation of
this shipment, and the said terms and conditions are hereby agreed to by the shipper and accepted for himself and h~s assigns.
From DESIGNATE WITH AN {X) Date 1 - 2 0 - 2 0 0 0
MODERN WELDING COMPANY OF CALIFORNIA, INC. --' -
At 4141 N. BRAWLEY AVENUE BY TRUCK
FRESNO, CA 93722
Carrier SAM~, (SCAC) Carrier's No.
Wholesale Fuels Inc
Consigned to
On Collect on Delivery shipments, the letters 'COD" must appear b~ore consignee's name or as otherwise provided in item 430.$ec. 1. (Mail or street address of consignee - for purpose of notification only.)
Destination Baker s field State Ca County
Route DeliveryAddress.A~200 E Brundage Lane
(~To be filled in only when shipper desires and governing tariffs provide for delivery thereat.}
Delivering Carrier Vehicle or Car Initial No
No. of H,a,~_;d_.o_ *Weight Class Check Subject to section 7 of conditions
Shipping Units ,,~,,, Description of Articles, Special Marks and Exceptions (Subject to Corr. I or Rate Co umn consigneeShipment°f applicableis withoutt°billbe Ofdeliveredlading,recoursetOif thistheon
1 0,000aallon VerticalTank. 7500# th ..... ig ....th ..... ig .... hall
-- I [ sign the fei}owing statement;
The carrier sha~l not make
2 8 anchor cha ~ r ~ delivery of this shipment without
- ' I payment of freight and all other
--lawfuLcharges.
~ --Per IS~gnature of Consignor. I
If charges are to be prepaid, write
or stamP here, "To be Prepaid."
received $
3 apply in prepayment of the
,hearergeens' on the property described
Total Agent or Cashier
Pieces P~r
t "This is to certify that the above named materials are properly classified, described, packaged, marked and labeled, and are in proper condition for transportation, according to the {The signature here acknowledges
applicable reguletions of the Department of Transportation." only the amount oreoaid.)
* If the shipment moves between two ports by a carrier by water, the law requires that the bill of lading shall state whether it is "carrier's or shipper's weight,"
1' Shipper's imprints in lieu of stamp; not a part of Bill of Lading approved by the Department of Transportation. Charges Advanced:
NOTE - Where the rate is dependent on value, shippers are required to state specifically in writing the agreed or declared value of the property. $
The agreed or declared value of the property is hereby specifically stated by the shipper to be not exceeding C.O.D. SHIPiVIENT
REMIT C.O.D. TO: C.O.D. Amt.
THIS SHIPMENT IS CORRECTLY DESCRIBED
t The fibre boxes used for this shipment conform to the specifications set ~' n O CHARGE ( SHIPPER CoJJ~ctJorl FE'e
forth in the box maker's certificate thereon, and all other requirements of ~ ..... .
Shipper
MODERN WELDING COMPANY OF CALIFORNIA, INC, Per
Permanent post office address of shipper '
* MARK WITH "X" TO DESIGNATE HAZARDOUS MATERIAL AS DEFINED IN TITLE 49 OF THE CODE OF FEDERAL REGULATIONS.
u
STRAIGHT BILL OF LA~JNG ' SHORT FORM - ORIGINAL - I~T NEGOTIABLE
RECEIVED, subject to the classifications and lawfully filed tariffs in effec~e date of the issue of this Original Bill of Lading,
the property described below, in apparent good order, except as noted (con'l~d condition of contents of packages unknown), marked, consigned, 'l~stined as indicated below, which said carrier (the word carrier
being understood throughout this contract as meaning any person or corpor~J!~Jff'in possession of the property under the contract) agrees to carry to its'~J1ff'al p~ace of delivery at said destination, if on its route otherwise
to deliver to another carrier on the route to said destmatlon. It is mutualty agreed, as to each carrier of all or any of said property over all or any portion orsaid route to destination, and as to each party at any time
interested in all or any of said property, that every service to be performed hereunder shall be subj.ect to all the terms and conditions of the Uniform Domestic Straight Bill of Lading set forth (1) in Official Southern
Western and Illinois Freight Classifications in effect on the date hereof, if this is a rail or a rail-water shipment, or (2) in the applicable motor carrier classification or tariff if this is a motor carrier shipment.
Shipper hereby certifies that he is familiar with all the terms and conditions of the said bill of lading indudin9 those on the back thereof, set forth in the classification or tariff which governs the transportation of
th s shipment, and the sa d terms and conditions are hereby agreed to by the shipper and accepted for h mself and hm assigns.
From DESSNATE WIT. AN (X) Date 1 -_1 7- 2 0 0 0
MODERN WELDING COMPANY OF CALIFORNIA, INC.
At 4141 N. BRAWLEY AVENUE BY TRUCK [~ FREIGHT [~ Shipper's No. 0 04 7 6 0
FRESNO, CA 93722 .......
Carrier SAME (SCAC) Carrier's No.
Wholesale Fuels Inc
Consigned to
On Collect on Delivery shipments, the letters "COD' must appear before consignee's name or as ether~vise provided in ~te~m'430.Sec. 1. (Mail or street address of consignee - for purpose of notification only.)
Destination Bakers~,ield State Ca ~" County
Route Delivery Address -k 2200 E. Brundac~
(~To be filled in only when shipper desires and govs~'ning tar~s~r~ for ~livery thereat.)
Deliverin§ Carrier Vehicle or Car Initial No.
Shipping Units ~} Description of Articles, Special Marks and Exceptions (Sub ect to Corr.) or Rats Column of applicable bill of lading, if this
I shipment is to be delivered to the
7 ~ n n ~ I i consignee without recourse on
2 I ~r~~'~ [t'~ ~'~ '~ ';-'-- ¢1'?~1 "~ ~'~.Y~. ~,"1,-'~- ~ r~,:~ I ~"~- ~,"~'"~ ~r,'~ '~- "~','~],,' ~", ..~ v ~.~TT I I the consignor, the consignor shall
...... ~ ~ ~ ~"~ ~ · sign the fogowing statement:
The carrier shall not make
'_-'-.____ - - i delivery of this shipment without
payment of freight and al) other
.... ,-- ~~ - --lawfut-chatgper ......
/,.~ ~ If charges are to be prepaid, write
Received $
-- -- ~ ..~ 3 apply in prepayment of the
' harges on the property described
Total Agent or Cashier
Pieces P~r
t "This is to certify that the above named materials are properly classified, described, packaged, marked and labeled, and are in proper condition for transportation, according to the The signature here acknowledges
applicable regulations of the Department of Transportatiom" onlv the amount crane d.
* If the shipment moves between two ports by a carrier by water, the law requires that the bill of lading shall state whether it is "carrier's or shipper's weight."
t Shipper's imprints in lieu of stamp; not a part of Sill of Lading approved by the Department of Transportation. Charges Advanced:
NOTE - Where the rate is dependent on value, shippers are required to state specifically in writing the agreed or declared value of the property. $
The agreed or declared value of the property is hereby specifically stated by the shipper to be not exceeding C.O.D. SHIPMENT
REMIT C.O.D. TO: C.O.D. Amt.
THIS SHIPMENT IS CORRECTLY DESCRIBED.t The fibre boxes used for this shipment conform to the specifications set ~' ~ r~ Cl4Ai~F t' SHIPPER [] Collection Fee
forth in the box maker's certificate thereon, and all other requirements of ...............
CORRECTWEIGHTIS LSs'lltem222'°ftheNati°nalM°t°rFreightClassificat~n~'~ I TOBEPAIDBY I CONSIGNEE [] Total Charges
Shipper ' gent
MODERN WELDING COMPANY OF CALIFORNIA, INC. Per ~/~'er
Permanent post office address of shipper
* MARK WITH "X" TO DESIGNATE HAZARDOUS MATERIAL AS DEFINED IN TITLE 49 OF THE CODE OF FEDERAL REGULATIONS.
STRAIGHT BILL OF LADING - SHORT FORM - ORIGINAL - NOT NEGOTIABLE
RECEIVED, subject to the classifications and lawfully filed tariffs in effect~ll~e date of the issue of this Original Bill of Lading,
the property described below in apparent good order, except as noted cont~d condition of contents of packages unknown marked consigned ~j~Stined as indicated below, which said carrier (the word carrier
being understood throughout this contract as meaning, any person or corpor~l~ possession of the property under the contract) agrees to carry to it~place of delivery at said destination if on its route, otherwise
to deliver to another carrier on the route to said destination. It is mutually a"~l~d as to each carrier of ali or any of said property over all or any po~l~T said route to desfinafion and as to eachparty at any time
interested in all or any of said property, that every service to be performed hereunder shall be suni. act to all the terms and conditions of the UniTorm uomestic Straight Bill of Lading set forth (1) in Official, Southern
Western and Illinois Freight Classifications in effect on the date hereof if this is a rail or a rail-water shipment or (2 in the applicable motor carrier classification or tariff if-this is a motor carrier shipment.
Shipper hereby certifies that he is familiar with all the terms and conditions of the said bill of lading, including those on the back thereof set forth in the classification or tariff which governs the transportation of
this shipment, and the said terms and conditions are hereby agreed to by the sh pper and accepted for himse f and h~s assigns. '
From MODERN WELDING COMPANY OF CALIFORNIA, INC. DESIGNATE WITH AN (X} Date 1 - 2 0 - 2 0 0 0
At 4141N. B~AWLEYAVENUE BY T"UCK ~ FEEIGHT ~ Shipper's No. '0 0 4 7 6 5
FRESNO, CA 93722
Carrier ~ A FIr:, (SCAC) Carrier's No
SWholesale Fuels Inc.
Consigned to
On Collect on Delivery shipments, the letters "COD' must appear before consignee's name or as otherwise provided in item 430.Se0.1. (Mail or st~est address of consignee - for purpose of notification only.)
Destination Bakersfield State Ca County
Route DelivergAddress~ 2200 E Brundage l.ane
(~To bo filled in ~ overnin9 tariffs provide for d~livery thereat.) '
Delivering Carrier Vehicle or Car
No. of Subject to section 7 of conditions
Shipping Units ~[~ Description of Articles, Special Marks and Exceptions of applicable bill of lading, if this
shipment is to be delivered to the
consignee without recourse on
2 10,000 gallon Vertical tanks, theconsig .... th ..... ig ....hall
sign the following statement:
The carrier shall not make
delivery of this shipment without
.......................... payment of-freight and all other ,
lawful charges.
Per
(Signature of Consignor.)
~ If charges are to be prepaid, write
~,,,,,/'/~~ or stamp here, "To be Prepaid."
~ described
Total Agent or Cashier
Pieces , Per
1' "This is to certify that the above named materials are properly classified, described, packaged, marked and labeled, and are in proper condition for transportation, according to the (The signature here acknowledges
applicable regulations of the Department of Transportation." only the amount Dreoaid.)
* If the shipment moves between two ports by a carrier by water, the law requires that the bill of lading shall state whether it is "carrier's or shipper's weight."
t Shipper's imprints in lieu of stamp; not a part of Bill of Lading approved by the Department of Transportation. Charges Advanced:
NOTE - Where the rate is dependent on value, shippers are required to state specifically in writing the agreed or declared value of the property. $
The agreed or declared value of the property is hereby specifically stated by the shipper to be not exceeding c.a.a. SHIPMENT
REMIT C.O.D. TO: ! C.O.D. Amt.
THIS SHIPMENT IS CORRECTLY DESCRIBED. I 1- The fibre boxes used for this shipment conform to the specifications set I C O n ~-HARGE I' SHIPPER [] Collection Fee
forth in the box maker's certificate thereon, and all other requirements of ~ ........
CORRECTWEIGHTIS __ LBS. IItem 222, ofthe National Motor Freight Classification. ,.~f ,,~ I TO BE PAID BY [ CONSIGNEE [] Total Charges
N Shipper ' gent
MOD ER WELDING COMPANY OF CALIFORNIA, IN C, Per j~~.~' ~PPer
Permanent post office address of shipper
~ MARK WITH "X" TO DESIGNATE HAZARDOUS MATERIAL AS DEFINED IN TITLE 49 OF THE CODE OF FEDERAL REGULATIONS.
STRAIGHT BIL~L OF LADING - SHORT FORM - ORIGINAL - NOT NEGOTIABLE
RECEIVED sub act to the classifications and lawfully filed tariffs in effect Qaat~e date of the issue of this Original Bill of Lading, ~.
the prope~y described below, in apparent good order except as noted central condition of contents of packages unknown , marked consigned ~stined as indicated below, which said carrier (the word carrier
being understood throughout this contract as meanin~ any person or corpo~ possession of the property under the contract) agrees to carry to it~place of delivery at said destination if on its route otherwise
to deriver to another carrier on the route to said destination. It is mutually a~d, as to each carrier of all or any of said property over all or any pol~Sf said route to destination and as to eachparty at any time
interested in all or any of said property, that every service to be performed hereunder shall be subject to all the terms and condibons of the Uniform D~mestic Straight Bill of Lading set forth (1) ia Official, Southern,
Western and illinois Freight Classifications in effect on the date hereof if this is a rail or a rail-water shipment, or 12) in the applicable motor carrier classification or tariff if-this is a motor carrier shipment,
Shipper hereby certifies that he is familiar with ali the terms and coeditions of the said bill of lading, includina those on the back thereof, set forth in the classification er tariff which governs the transportation of
this shipment, and the said terms and conditions are hereby agreed to by the shipper and accepted for himself and his assigns.
From
DESIGNATE WITH AN (X) Date I I '~ ,~ n n n
MODERN WELDING COMPANY OF CALIFORNIA, INC. - ' - ....
At 4141N. BRAWLEYAVENUE BY TRUCK ~-~ FREIGHT ~--] Shipper's No. 0 0 4 76 2
FRESNO, CA 93722 ......
Carrier SANS (SCAC) Carrier's No.
Wholesale Fuels, Inc.
Consigned to
On Collect on DeliveW shipments, the letters 'COD' must appear before consignee's name or as otherwise provided in item 430.Sec. 1. (Mail or street address of consignee - for purpose of notification only.}
Destination Bakers field State Ca County
~200 E. Brundage Lane
Route
Delivery
Address
(~rTo be filled in only when shipper desires and governing tariffs provide for d~livery thereat.)
Delivering Carrier Vehicle or Car Initial No.
,~[d~.us~ Class Check Subject to section 7 of conditions
No. of *Weight
Shipping UnitsI "1 Description of Articles, Special Marks and Exceptions (Subiect to Corr.) or Rate Co umn consigneeShipment°f applicableis withoutt°billbe Ofdeliveredladlng,recoursetOif thiStheon
2 I -r 0,000 qal ion vertical storage tanks. 7500# thsignThethecarrierfOllowingig .... thshallstatement:notig .... makehall
................... de!iv~ery, of_this shipment without
(Signature of Consignor. I
If charges are to be prepaid, write
or stamp here, "To be Prepaid."
Received $
o apply in prepayment of the
:barges on the property described
Total ,Agent or Cashier
Pieces Per
t "This is to certify that the above named materials are properly classified, described, packaged, marked and labeled, and are in proper condition for transportation, according to the {The signature here acknowledges
applicable regutations of the Department of Transportation." only the amount oreoaid.)
* If the shipment moves between two ports by a carrier by water, the law requires that the bill of lading shall state whether it is "carrier's or shipper's weight."
t Shipper's imprints in lieu of stamp; not a part of Sill of Lading approved by the Department of Transportation. Charges Advanced:
NOTE - Where the rate is dependent on value, shippers are required to state specifically in writing the agreed or declared value of the property. $
The agreed or declared value of the property is hereby specifically stated by the shipper to be not exceeding C.O.D. SHIPMENT
REMIT C,O.D, TO: C.O.D. Amt.
THIS SHIPMENT IS CORRECTLY DESCRIBED m t if ~o et
· J tThefibreboxesusedforthisshipmentconfor othespec' icat' ess I COn CHARGE f SHIPPER [] Collection Fee
forth in the box maker's certificate thereon, and alt other requirements of
---- ' /.~ ~tJ T~O "~I~BY_,,[ CONSIGNEE [] T°tal charges
CORRECTWEIGHTIS LBS I Item 222, ofthe National Motor Freight Classification·
Shipper ~~ent
MODERN WELDING COMPANY OF CALIFORNIA, INC. Per
Permanent post office address of shipper
* MARK WiTH "X" TO DESIGNATE HAZARDOUS MATERIAL AS DEFINED IN TITLE 49 OF THE CODE OF FEDERAL REGULATIONS.
CITY BULLDOG DEPARTMENT- INSPECTIO~RECORD
Post in a Conspicuous Place at the Job Site and DO NOT Remove for Duration of Work
Inspection Request Phone No. 326-3728
STRUCTURAL INSPECTIONS MECHANICAL INSPECTIONS
DESCRIPTION DATE SIGNATURE DESCRIPTION DATE SIGNATURE
~ ELECTRICA. L INSPECTIONS
PRIOR TO OCCUPANCY OF ANY STRUCTURE, ALL
IMPROVEMENTS SHALL BE INSTALLED, COMPLETED,
AND ACCEPTED BY THE FOLLOWING DEPARTMENTS
ELECTRIC SERVICE RELEASE SANITATION DEPARTMENT
GAS SERVICE RELEASE HEALTH DEPARTMENT
TITLE 24 ACCESS REQUIREMENT FIRE DEPARTMENT
FINAL PLUMBING PLANNING DEPARTMENT
FINAL MECHANICAL PUBLIC WORKS DEPARTMENT
FINAL ELECTRIC BUILDING DEPARTMENT
3812 PANORAMA DR. BAKERSFIELD CA,
Continuous Monitoring Devic Certification
TEST DATE /...,~"C. dO FACILII:Y NUMBER
.........
contents of Tank
Capaci~ of Tank
Type of ProduGt Line: (GraviS, Suction, Pressure).
,NOICAT~ LOCATIO~ OF THE MONITORI~O_~NSORS TESTED BY P~CINO ~ YES, 9R N
Annular Spaco Sansor
Sump Sensor
Dispenser Conta[nmen[ Sensor
~achanlcal Line Laak Detector
I. Tank Gauging Device
JNOICAIE THE FOLLOWING BY P~CING A YE~ OR NO IN APPLICABLE BOX:
poes the monitoring syntem have audible and visual ~l~rms?
Does the turbine autom~Ucally shut-down if the system detects
a leak, fails to operate or lb electronically dismnnected?
Is the monitoring system Installed'to prevent unauthorized tampering?
Is the monitoring system operable as per the manuIactured~ speci~catians?
~ich continuous moni:oring devices
CERTIFIED TESTER'S I~
~IGF~TURE OF CERTIFIED TECPI~flCI~N
SET MECHANICAL
3812 PANORAMA DR. BAKERSFIELD CA, ~
[8053 322-emo
Continuous Monitoring Devic Certification
contents of Tank
Capacl~ of Tank
Type of Product Line: (GraviS. Suction. Pressure).
.NDICAT~ [O~ATIO~ O~ T~ MoNiTORiNg_SENSORS T~*~O ay p~clN9 A YEs. 9" No IN APPLICAaLE aOX:
Annular Space Sensor
8um~ Sensor
Dispenser Contalnment Sensor '
Electronic In-Line Le,k Detector
Mechanical Line Leak Detector
In Tank Gauging Device ,
INOIC&TE THE FOLLO~NG BY P~CING A YES OR NO IN APPLICAflLE BOX:
peas the monitoring system have audible and visual ale.s?
Does tho [urbino automatically shut-down if the system detects
a leak. fails to operate or i~ electronically disconnected?
Is the monitoring system Installed to prevent unauthorized lamp,ring? , ~ ~
Is Ihe monitoring system operable as per the manu[acturee~ speci~catians?
~ich continuous monitoring devices lnitl~t~ positive shut-down o~ the turbine?
SIGnaTURE OF CERTIFIED ~ECklHICI~N ~ ;
TABLE 6 - SET ADHESIVES (SET, SET 1.7, SET-PAC)
ALLOWABLE TENSION LOADS (Pounds)
FOR THRF..ADED ROi) INSTALLED IN NOR,HAL
V,'~ ~. ~HT AGGREGATE CONCRETE tO ~) O) (,o O)
STUD DRILL BiT SPAC EDgE BASED ON BOND STRENGTH BASED ON STEEL STRENGTH
DIAMETER DIAMETER EMBEDMENTCE) (S, DISTANCE (C~) f'c = 2000 psi fc" 4000 psi
(Inch.) 0nche~) (Inche~) 0nc~ (Inch.) ALLOWABLE ALLOWABLE A 307 A 193 GR-B7 F 593
BOND BOND (SAE 1018) (SAE 4140) (A~04 SS)
.~, Ob) Ob)
3/8 7116 1-3/4 6-1 5-1/4 475
3-1/2 6-1 5-1/4 2550 2570 2105 453~ 3085
1/2 9/16 2-1/8 7-1 6-3/8 1804
4-1/4 7-1 6-3/8 4425 4600 3750 8080 5495
5/8 3/4 2-1/2 8-3 7- I/2 1695 -
5 8-3 7-1/2 6680, 8050 5875 126~0 8610
3/4 7/8 3-3/8 1: 10- I/8 3864
· 6-3/4 1: 10-1/8 10525 10620 8460 . 18230 14585
7/8 i 3-7/8 13-; 1 I-5/8 4778
7-3/4 13-', 11-5/8 12290 13720 I 1500 24785 ! 9830
9 15-~ .. 13-1/2 15015 16255 15025 32380 29905
For SI: I inch = 25,4 mm, ! pound = 4.45 N. I psi -- 6.89 kPa.
(I)Allowable load is the lesser of the allowable load based on bond su-e.,~glh (reductions applied as applicable) or steel strength.
(2)Reduce Allowable Tension Loads based on bond s~'ength by the ~'~duction factors for elevated temperamre~ (lqgure 3) as applicable.
C3)Reduce Allowable Tension Loads by the reduction factors for edg= :~,~stance and spacing (Table 5) as applicable.
(4)Allowable load based on bond sn'ength may be interpolated for concrete comp~s~ive s~-ngths between f'¢ = 20~0 psi and 4000 psi.
!11