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HomeMy WebLinkAboutENFORCEMENT! BART J. THILTGEN City Attorney 2 State Bar No. 131133 WALTER H. PORR, JR. 3 DeputyCity Attorney State Bar No. 138100 4 City Hall 1501 Truxtun Avenue $ Bakersfield, CA93301 Telephone: (661) 326-3721 Attorneys for Applicant 7 CITY OF BAKERSFIELD $ SUPERIOR COURT OF CALIFORNIA, COUNTY OF KERN 9 METROPOLITAN DIVISION- JUSTICE BUILDING ! ! In the Matter of the Application of: Case No. !2 CITY OF BAKERSFIELD, for a Warrant to FORCED ENTRY INSPECTION Conduct an Inspection of Alderete Paint and WARRANT ]3 lody Shop Located at 522 East California Bakersfield, California. (Health & Safety Code § 25508) !4 l$ THE pEOpLE OF THE STATE OF CALIFORNIA, TO ANY FIRE PREVENTION / ! 6 ENVIRONMENTAL OFFICER, OR SIMILARLY QUALIFIED OFFICER, WORKING FOR THE 17 DIRECTOR OF ENVIRONMENTAL SERVICES FOR THE BAKERSFIELD FIRE 1S DEPARTMENT AND THE CITY OF BAKERSFIELD: 19 Upon affidavit and good cause shown to the Court, 20 YOU ARE HEREBY COMMANDED to conduct a Business Plan inspection of the 2! establishment known as Alderete Paint & Body Shop located at 522 E. California Avenue, 22 Bakersfield, California, pUrsuant to Health and Safety Code section 25508. 23 YOU ARE AUTHORIZED to use that force necessary to enter upon the subject 24 premises to conduct the aforesaid inspection. 25 YOU ARE HEREBY COMMANDED to enter the subject premises described above 26 within fourteen (14) days from the effective date of this Warrant. The Business Plan 27 inspection to be conducted hereunder shall be conducted in a reasonable manner for the 28 purpose of ensuring cOmpliance with all applicable laws. . ~-~. - poLICE DEPARTMENT NUISANCE ABATEMENT WARRANT ALLEN BROWN i LIEUTENANT INVESTIGATIO'N5 P 0 Box FAX 326-3070 BAKERSFIELD, C TRUXTUN AND EVE ! Notice need not be given to the owner and/or occupant of the establishment to be 2 inspected before this Warrant is executed. 3 The Business Plan inspection may be made between the hours of $:00 a.m. and 6:00 4 p.m. of any day. This Warrant will be effective from the date hereof for a period not to exceed $ fourteen (14) days. "6 Given under my hand this ,,,~'.~ day of May, 2001. ? 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 WHP:whp 28 S :\FIR E\HazMat~AldereteW arrant.wpd NUISANCE ABATEMENT WARRANT 2 ! BART J. THILTGEN City Attorney 2. State Bar No. 131133 WALTER H. PORR, JR. 3 Deputy City Attorney State Bar No. 138100 4 City Hall 1501 Truxtun Avenue $ Bakersfield, CA 93301 Telephone: (661) 326-3721 Attorneys for Applicant ? CITY OF BAKERSFIELD 8 SUPERIOR COURT OF CALIFORNIA, COUNTY OF KERN 9 METROPOLITAN DIVISION- JUSTICE BUILDING ]0 ***** ! ] In the Matter of the Application of: Case No. ]2. CITY OF BAKERSFIELD, for a Warrant to DECLARATION FOR FORCED Conduct an Inspection of Alderete Paint and ENTRY INSPECTION WARRANT ]3 Body Shop Located at 522 East California Avenue, Bakersfield, California. (Health & Safety Code 9 25508) ].$ I, STEVE UNDERWOOD, declare: ]6 1. I am a Fire Prevention / Environmental Officer working for the Director of :17 Environmental Services for the Bakersfield Fire Department and the City of Bakersfield. 18 2. In my capacity as a Fire Prevention / Environmental Officer for the City of 19 Bakersfield, I conduct inspections authorized by Health and Safety Code 99 25180, 25185, 20 25404, 25404.1,25404.2 and 25508. 2! 3. One of the establishments which I am responsible for inspecting is Alderete Paint 22 & Body Shop ("Alderete") located at 522 E. California Avenue. As a business which stores, 23 handles and processes hazardous materials and wastes, Alderete is required to file a 24 Business Plan pursuant to Health and Safety Code 99 25503.5 and 25505 and is further 25 required to permit inspection of its business establishment pursuant to Health and Safety Code 26 9 25508. 27 4. On.Friday, April 20th, 2001, at approximately 2:30 p.m., I attempted to conduct 28 an inspection of Alderete's establishment. Upon arriving at this establishment, I found that the DECLARATION FOR FORCED ENTRY INSPECTION WARRANT ! main facility entrance was locked. Thus, I walked along the side of the property following a 2 fence line until I came to a locked gate. From this vantage point, I observed several people 3 working in the business and eventually a gentleman who identified himself as Martin Alderete 4 came to the gate to talk to me. Martin Alderete is identified on Alderete's Business Plan as $ one of the emergency contact persons and is listed with the title of "Foreman." I advised Mr. 6 Alderete of my identity (at the time I was wearing my Fire Department uniform consisting of ? a blue dress shirt with both rank insignia and Bakersfield Fire Department insignia and 8 ) and that I was there to conduct a Business Plan inspection. Although several people 9 were visible in the business, Mr. AIderete informed me that he was getting ready to leave and l0 that this was not a good time for an inspection. He then exited the business through the gate, ! ! closing and locking it behind him with the other people still inside the facility. I advised Mr. 12 Alderete that I would be calling him in the next two weeks to reschedule a time for the !3 inspectiOn. !4 5. On Thursday, May 3rd, 2001, at approximately 10:30 a.m., I returned to !$ Alderete's to conduct the previously attempted Business Plan inspection. Once again, the 1. dmain facility entrance was locked and I walked along the side of the property following the l? fence line until I came to the gate which was shut, but not locked. I observed three individuals ]8 working on automobiles and after a brief time, Mr. Martin AIderete, the shop foreman came !9 to the gate. I asked for permission to enter the property to conduct a Business Plan 20 Inspection. I was denied entry and was told by Mr. AIderete that he had some cleaning up to 21 do and that a new owner would be taking over soon. I advised him I would be calling in the 22 next two weeks to reschedule a time for the Business Plan inspection. 23 6. On Tuesday, May 22nd, 2001, at approximately 10:45 a.m., I returned to 24 Alderete's to conduct the previously attempted Business Plan inspection. OnCe again, I was 25 met at the gate by Martin Alderete. This time he told me that he had lots of materials to 26 dispose of but he refused to identify the nature of these materials.. I was again told it was not 2? a good time to conduct an inspection. He again inferred that a new operator would be taking 28 /// DECLARATION FOR FORCED ENTRY INSPECTION WARRANT ! over, but would not provide me with a name or time frame for the take over. I then left the 2 premises and reported the matter to my supervisor, Ralph Huey. 3 7. The foregoing matters are within my personal knowledge and if called as a 4 witness herein, I could and would competently testify thereto. 5 I declare under penalty of perjury under the laws of the State of California that the 6 foregoing is true and correct. ? DATED: May .~"5, 20018 . STEVE UNDERWOOD-- 9 Fire Prevention / Environmental Officer Environmental Services Divison tO Bakersfield Fire Department CITY OF BAKERSFIELD 14 l? 20 2! 22 23 24 25 26 2? WHP:whp 28 S:\FIRE\HazMat'~,lderete Underwood.wpd DECLARATION FOR FORCED ENTRY INSPECTION WARRANT 3 ! BART J. THILTGEN _City Attorney 2 State Bar No. 131133 WALTER H. PORR, JR. 3 DeputyCity Attorney State Bar No. 138100 4 City Hall 1501 Truxtun Avenue $ Bakersfield, CA93301 Telephone: (661) 326-3721 Attorneys for Applicant 7 CITY OF BAKERSFIELD 8 SUPERIOR COURT OF CALIFORNIA, COUNTY OF KERN 9 METROPOLITAN DIVISION- JUSTICE BUILDING t0 ***** 11 In the Matter of the Application of: Case No. 12 CITY OF BAKERSFIELD, for a Warrant to DECLARATION FOR FORCED Conduct an Inspection of AIderete Paint and ENTRY INSPECTION WARRANT 13 Body Shop Located at 522 East California Avenue, Bakersfield, California. (Health & Safety Code 9 25508) 14 15 I, STEVE UNDERWOOD, declare: 16 1. I am a Fire Prevention / Environmental Officer working for the Director of 17 Environmental Services for the Bakersfield Fire Department and the City of Bakersfield. 18 2. In my capacity as a Fire Prevention / Environmental Officer for the City of 19 Bakersfield, I conduct inSpections authorized by Health and Safety Code 99 25180, 25185, 20 25404, 25404.1,25404.2 and 25508. 2 ! 3. One of the establishments which I am responsible for inSpecting is Alderete Paint 22 & Body Shop ("Alderete") located at 522 E. California Avenue. As a business which stores, 23 handles and processes hazardous materials and wastes, Alderete is required to file a 24 Business Plan pursuant to Health and Safety Code 99 25503.5 and 25505 and is further 25 required to permit inspection of its business establishment pursuant to Health and Safety Code 26 § 255O8. 27 4. On Friday, April 20t", 2001, at approximately 2:30 p.m., I attempted to conduct 28 an inspection of Alderete's establishment. Upon arriving at this establishment, I found that the DECLARATION FOR FORCED ENTRY INSPECTION WARRANT ! main facility entrance was locked. Thus, I walked along the side of the property following a 2 fence line until I came to a locked gate. From this vantage point, I observed several people 3 working in the business and eventually a gentleman who identified himself as Martin Alderete 4 came to the gate to talk to me. Martin Alderete is identified on Alderete's Business Plan as 5 one of the emergency contact persons and is listed with the title of "Foreman." I advi'sed Mr. 6 Alderete of my identity (at the time I was wearing my Fire Department uniform consisting of ? a blue dress shirt with both rank insignia and Bakersfield Fire Department insignia and 8 patches.) and that I was there to conduct a Business Plan inspection. Although several people 9 were visible in the business, Mr. Alderete informed me that he was getting ready to leave and l0 that this was not a good time for an inspection. He then exited the business through the gate, l! closing and locking it behind him with the other people still inside the facility. I advised Mr. 12 Alderete that I would be calling him in the next two weeks to reschedule a time for the 13 inspectiOn. ].4 5. On Thursday, May 3rd, 2001, at approximately 10:30 a.m., I returned to !5 Alderete's to conduct the previously attempted Business Plan inspection. Once again, the !6 main facility entrance was locked and I walked along the side of the property following the l? fence line until I came to the gate which was shut, but not locked. I observed three individuals !8 working on automobiles and after a brief time, Mr. Martin Alderete, the shop foreman came 19 to the gate. I asked for permission to enter the property to conduct a Business Plan 20 Inspection. I was denied entry and was told by Mr. Alderete that he had some cleaning up to 2! do and that a new owner would be taking over soon. I advised him I would be calling in the 2?_ next two weeks to reschedule a time for the Business Plan inspection. 23 6. On Tuesday, May 22"d, 2001, at approximately 10:45 a.m., I returned to 24 Alderete's to conduct the previously attempted Business Plan inspection. Once again, I was 25 met at the gate by Martin Alderete. This time he told me that he had lots of materials to 26 dispose of but he refused to identify the nature of these materials. I was again told it was not 2? a good time to conduct an inspection. He again inferred that a new operator would be taking 28 /// DECLARATION FOR FORCED ENTRY INSPECTION WARRANT 2 ! over, but would not provide me with a name or time frame for the take over. I then left the 2 ~mises and reported the matter to my supervisor, Ralph Huey. 3 7. The foregoing' matters are within my personal knowledge and if called as a 4 witness herein, I could and would competently testify thereto. $ I declare under penalty of perjury under the laws of the State of California that the 6 foregoing is true and correct. STEVE UNDERWOOD-- 9 Fire Prevention / Environmental Officer Environmental Services Divison !0 Bakersfield Fire Department CiTY OF BAKERSFIELD !2 14 !5 !6 !8 !9 20 22 24 25 26 27 WHP:whp 28 S:\FIRE\HazMat~AldereteUnderwood.wpd DECLARATION FOR FORCED ENTRY INSPECTION WARRANT ! BART J. THILTGEN City Attorney 2 State Bar No. 131133 WALTER H. PORR, JR. 3 Deputy City Attorney State Bar No. 138100 4 City Hall 1501 Truxtun Avenue $ Bakersfield, CA93301 Telephone: (661) 326-3721 Attorneys for Applicant 7 CITY OF BAKERSFIELD 8 SUPERIOR COURT OF CALIFORNIA, COUNTY OF KERN 9 METROPOLITAN DIVISION- JUSTICE BUILDING ! 1 In the Matter of the Application of: Case No. 12 CITY OF BAKERSFIELD, for a Warrant to DECLARATION FOR FORCED Conduct an Inspection of Alderete Paint and ENTRY INSPECTION WARRANT 13 Body Shop Located at 522 East California Avenue, Bakersfield, California. (Health & Safety Code 9 25508) 14 15 I, STEVE UNDERWOOD, declare: ],6 1. I am a Fire Prevention / Environmental Officer working for the Director of 17 Environmental Services for the Bakersfield Fire Department and the City of Bakersfield. 18 2. In my capacity as a Fire Prevention / Environmental Officer for the City of 19 Bakersfield, I conduct inspections authorized by Health and Safety Code 99 25180, 25185, 20 25404, 25404.1,25404.2 and 25508. :2 !3. One of the establishments which I am responsible for inspecting is Alderete Paint 22 & Body Shop ("Alderete") located at 522 E. California Avenue. As a business which stores, 23 handles and processes hazardous materials and wastes, Alderete is required to file a 24 Business Plan pursuant to Health and Safety Code 9§ 25503.5 and 25505 and is further 25 required to permit inspection of its business establishment pursuant to Health and Safety Code 26 9 25508. 2? 4. On Friday, April 20th, 2001, at approximately 2:30 p.m., I attempted to conduct 28 an inspection of Alderete's establishment. Upon arriving at this establishment, I found that the DECLARATION FOR FORCED ENTRY INSPECTION WARRANT ! main facility entrance was locked. Thus, I walked along the side of the property following a 2 fence line until I came to a locked gate. From this vantage point, I observed several people 3 working in the business and eventually a gentleman who identified himself as Martin Alderete 4 came to the gate to talk to me. Martin Alderete is identified on Alderete's Business Plan as 5 one of the emergency contact persons and is listed with the title of "Foreman." I advised Mr. 6 Alderete of my identity (at the time I was wearing my Fire Department' uniform consisting of ? a blue dress shirt with both rank insignia and Bakersfield Fire Department insignia and 8 ) and that I was there to conduct a Business Plan inspection. Although several people 9 were visible in the business, Mr. Alderete informed me that he was getting ready to leave and 10 that this was not a good time for an inspection. He then exited the b'usiness through the gate, ! ! closing and locking it behind him with the other people still inside the facility. I advised Mr. 12 Alderete that I would be calling him in the next two weeks to reschedule a time for the t3 inspection. 14 5. On Thursday, May 3rd, 2001, at approximately 10:30 a.m., I returned to 15 Alderete's to conduct the previously attempted Business Plan inspection. Once again, the 16 main facility entrance was locked and I walked along the side of the property following the 17 fence line until I came to the gate which was shut, but not locked. I observed three individuals !8 working on automobiles and after a brief time, Mr. Martin Alderete, the shop foreman came 19 to the gate. I asked for permission to enter the property to conduct a Business Plan 20 Inspection. I was denied entry and was told by Mr. Alderete that he had some cleaning up to 2! do and that a new owner would be taking over soon. I advised him I would be calling in the 22 next two weeks to reschedule a time for the Business Plan inspection. 23 6. On Tuesday, May 22% 2001, at approximately 10:45 a.m., I returned to 24 Alderete's to conduct the previously attempted Business Plan inspection. Once again, I was 25 met at the gate by Martin Alderete. This time he told me that he had lots of materials to 26 dispose of but he refused to identify the nature of these materials. I was again told it was not 27 a good time to conduct an inspection. He again inferred that a new operator would be taking 28 /// DECLARATION FOR FORCED ENTRY INSPECTION WARRANT 2, ! over, but would not provide me with a name or time frame for the take over. I then left the 2 premises and reported the matter to my supervisor, Ralph Huey. 3 7. The foregoing matters are within my personal knowledge and if called as a 4 witness herein, I could and would competently testify thereto. $ I declare under penalty of perjury under the laws of the State of California that the 6 foregoing is true and correct. ? DATED: May ..~"5,2001 ~ ,,,,~/~ ~ 8 STEVE UNDERWOOD-- 9 Fire Prevention / Environmental Officer Environmental Services Divison 10 Bakersfield Fire Department CITY OF BAKERSFIELD !2 !3 !4 l? 20 2! 22 24 25 26 27 WHP:whp 28 S:\FIRE\HazMat~ldereteUnderwood.wpd DECLARATION FOR FORCED ENTRY INSPECTION WARRANT 1 BART J. THILTGEN City Attorney j :2 State Bar No. 131133 WALTER H. PORR, JR. 3 Deputy City Attorney State Bar No. 138100 4 City Hall 1501 Truxtun Avenue $ Bakersfield, CA 93301 Telephone: (661) 326-3721 Attorneys for Applicant 7 CITY OF BAKERSFIELD 8 SUPERIOR COURT OF CALIFORNIA, COUNTY OF KERN 9 METROPOLITAN DIVISION -JUSTICE BUILDING lO ***** 11 In the Matter of the Application of: Case No. 12 CITY OF BAKERSFIELD, for a Warrant to DECLARATION FOR FORCED Conduct an Inspection of Alderete Paint and ENTRY INSPECTION WARRANT 13 Body Shop Located at 522 East California Avenue, Bakersfield, California. (Health & Safety Code § 25508) 14 15 I, RALPH HUEY, declare: 16 1. I am the Director of Environmental Services for the Bakersfield Fire Department 17 and the City of Bakersfield. In this capacity, I also serve as the Director of the Certified Unified ! $ Program Agency ("CUPA") for the City of Bakersfield pursuant to Health and Safety Code §§ 19 25404 et seq. :20 2. In our capacity as CU PA for the City of Bakersfield, I and my staff are authorized 2] by Health and Safety Code §§ 25180, 25185, 25404, 25404.1, 25404.2 and 25508 to enter :2:2and inspect any "factory, plant, construction site, disposal site, transfer facility, or any 23 establishment or any other place or environment where hazardous wastes are stored, handled, :24 processed, disposed of, or being treated to recover resources." (Health and Safety Code § :25 25185(a)(1).) :26 3. One of the establishments which I and my staff are responsible for inspecting 27 is Alderete Paint & Body Shop ("Alderete") located at 522 E. California Avenue. As a business 28 which stores, handles and processes hazardous materials and wastes, Alderete is required DECLARATION FOR FORCED ENTRY INSPECTION WARRANT 1 to file a Business Plan pursuant to Health and Safety Code §§ 25503.5 and 25505 and is 2 further required to permit inspection of its business establishment pursuant to Health and :3 Safety Code § 25508, A true and correct copy of Alderete's most recent Business Plan is 4 attached hereto as Exhibit "A" and incorporated herein by this reference. 5 4. On Friday, April 20th, 2001, Fire Prevention / Environmental Officer Steve 6 Underwood, an employee of the Environmental Services Division of the Bakersfield Fire ? Department who works under my direct supervision, attempted to conduct an inspection of g Alderete's establishment. As set forth in his declaration, he was refused entry. As further set 9 forth in his declaration, he was also refUsed entry on May 3rd and 22nd, 2001. 10 5. The purpose for which this Forced Entry Warrant is sought is to conduct an ! ! inspection required by law. The business owner and his agents have repeatedly refused to 12 allow me and my staff to conduct this inspection. Such willful refusal to comply with the law 13 is a misdemeanor under Health and Safety Code § 25515.1. Due to the lack of cooperation 14 on the part of the business owner and his agents, I am requesting that a Forced Entry Warrant ]5 be issued and that I and my staff be allowed to serve this warrant without notice. ]6 6. The foregoing matters are within my personal knowledge and if called as a 17 witness herein, I could and would competently testify thereto. 18 I declare under penalty of perjury under the laws of the State of California that the 19 foregoing is true and correct. 20 DATED: May ~_~, 2001 ~J/___..___... 21 22 ~Services Director Bakersfield Fire Department 23 CITY OF BAKERSFIELD 24 25 26 27 WHP:whp 28 C:\TEMP~Alderet 1 .wpd DECLARATION FOR FORCED ENTRY INSPECTION WARRANT 2 EXHIBIT A 05/23/01 10:12 0576 BFD HAZ MAT DIV ~002 ALDERETE PAINT & BODY SHOP SiteID: 015-021-000785 Manager : BusPhone: (661) 322-0777 Location: 522 E CALIFOP~NIA AVE Map : 103 CommHaz : Moderate City : BAKERSFIELD Grid: 32A FacUnits: 1 AOV: CommCode: BAKERSFIELD STATION 02 SIC Code:7532 EPA Numb: CAL000062856 DunnBrad:95-294-7748 Emergency Contact / Title Emergency Contact / Title GERALD M ALDERETE / OWNER MARTIN S ALDERETE / FOREMAN Business Phone: (66t) 322-0777x Business Phone: (661) 322-0777x 24-Hour Phone : (661) 832-1726x 24-Hour Phone : (661) 322-3720x Pager Phone : ( ) - x i -Pager Phone : ( ) - x Hazmat Hazards: Fire Press ImmHlth DelHlth Contact : Phone: (661) 322-0777x MailAddr: 522 E CALIFORNIA AVE State: CA City : BAKERSFIELD Zip : 93307 Owner GERALD M ALDERETE Phone: (661) 832-1726x Address : 3016 ERWIN ST State: CA City : BAKERSFIELD Zip : 93304 Period : to TotalASTs: = Gal Preparer: TotalUSTs: = Gal Certif'd: RSs: No Emergency Directives: ~ Hazmat Inventory One Unified List ~--~.Alphabetical Order Ail Materials at Site Hazmat Common Name... ISpecHaz[EPA Hazards[, Frm [ DailyMax. ]Unit[MCP ACETYLENE E F P IH G 30.00 FT3 Hi CARBON DIOXIDE & ARGON MIXTURE F P IH G 760.00 FT3 Min~ DIESEL F DH L 5.00 GAL Low OXYGEN F P IH G 747.00 FT3 Low THINNERS F IH L 1.00 GAL Hi WASTE PAINT SLUDGE F DH L 15.00 GAL UnR -1- 05/23/2001 05/23/01 10:12 0576 BFD RAZ ~AT DI¥ ~003 ALDERETE PAINT & BODY SHOP SiteID: 015-021-000785 ~ Inventory Item 0001 Facility Unit: Mobile Containers on Site -- COMMON NAME / CHEMICAL NAME ACETYLENE Days On Site 365 Location within' this Facility Unit Map: Grid: MOB ILE CAS 74-86-2 ~ STATE ~ TYPE PRESSURE l,. TEMPERATURE CONTAINER TYPE ~Gas /Pure IAmbient Below Ambient I PORT. PRESS. CYLINDER AMOLTNTS AT THIS LOCATION Largest Container Daily Maximum Daily Average 30.00 FT3 30.00 FT3 10.00 FT3 HAZARDOUS COMPONENTS ", 62' 100.00 Acetylene Yes 748 HAZARD ASSESSMENTS [TSecretl RoSIBioHaz Radioactive/Amount EPA HazardsI NFPA I USDOT~ t MCP No N No No/ Curies F P IH / / / = Inventory Item 0003 Facility Unit: Mobile Containers on Site ~ -- CON. ON NA~E / C~EMICAL NAME CARBON DIOXIDE & ARGON MIXTURE Days On Site 365 Location within this Facility Unit Map: Grid: MOBILE CAS# 128-38-9 FSTATE ~ TYPE PRESSURE TEMPERATURE CONTAINER TYPE AMOUNTS AT THIS LOCATION Largest Container t Daily Maximum t Daily Average 380.00 FT3 760.00 FT3 380.00 FT3 HAZARDOUS COMPONENTS N 124389 725'005.00 Argon Carbon Dioxide IN° I 7440371 ,,, HAZARD ASSESSMENTS lTsecret INRoS [ Bi°HasINo No Radi°active/Am°untlEPANo/ Curies F P HazardsIIH NFPA/// USDOT# MinMCP -2- 05/23/2001 05/23/01 10:13 0576 BFI) HAZ NAT DIV [~004 ALDERETE PAINT & BODY SHOP SiteID: 015-021-000785 ~ = Inventory Item 0002 Facility Unit: Fixed Containers on Site ~ -- COMMON NAME / CHEMICAL NAME DIESEL Days On Site 365 Location within this Facility Unit Map: Grid: OUTSIDE W OF BLD.G CAS# 68476-34-6 F STATE ~ TYPE PRESSURE TEMPER3~TURE CONTAINER TYPE Liquid ~Pure Ambient 1 Ambient I DRLIM/BARREL-METALLI C AMOUNTS AT THIS LOCATION l Largest Container I Daily Maximum [ Daily Average 5.00 GAL 5.00 GAL 5.00 GAL HAZARDOUS COMPONENTS %Wt. I RoS{ CAE~ 100.00 Diesel Fuel No. 2 N 68476302 Radioactive/Amount EPA Hazards NFPA USDOT~ I MCP No No No No/ Curies F DH / / / 't Low ~ Inventory Item 0002 Facility Unit: Mobile Containers on Site ~ -- COMMON NAME / CHEMICAL NAME OXYGEN Days On Site 365 Location within this Facility Unit Map: Grid: MOBILE CASS 7782-44-7 Gas /Pure Ambient Below Auubient PORT. PRESS. CYLINDER AMOUNTS AT THIS LOCATION I Largest Container I Daily Maximum I Daily Average 249.00 FT3 747.00 FT3 249.00 FT3 HAZARDOUS COMPONENTS 100.00 Oxygen, Compressed N 7782447 TSecretl RSIBi°Haztl HAZARD ATSESSMENTS- [ [, 'Radioactive/Amount EPA Hazards NFPA USDOT~ I MCP No No { No No/ Curies F P IH / / / I Low -3- 05/23/2001 05/23/01 10:14 ~66] 0576 BFI) HAZ MAT DIV [~005 ALDERETE PAINT & BODY SHOP SiteID: 015-021-000785 9 ---- Inventory Item 0001 Facility Unit: Fixed Containers on Site ~ -- COMMON NAME / CHEMICAL NAME THINlqERS Days On Site 365 Location within this Facility Unit Map: Grid: OUTSIDE W OF BLDG CAS# 67-64-1 ~ STATE ~[MixtureTYPE PRESSUR.E i ~ientTEMPER-ATUI:~ CONTAINER TYPE mLiquid I Ambient } DRUM~BARREL-METALLIC AMOUNTS AT THIS LOCATION Largest Container Daily Maximum Daily Average 1.00 GAL 1.00 GAL 1.00 GAL HAZARDOUS COMPONENTS , . %Wt. I RS CAS# 5.00 Methanol IN° 67561 15.00 Toluene No 108883 5.00 Xylene, Mixed No 1330207 .10.00 n-Propanol No 71238 30.00 Acetone No 67641 10.00 n-Butyl Acetate No 123864 ~ HAZARD ASSESSMENTS t TSecretl RSIBioHaz Radioactive/Amount I EPA Hazards NFPA USDOT# MCP No No No No/ Curies F IH / / / I Hi = Invento~ Item 0003 Facility Unit: Fixed Containers on Site ~ CO~ON NME / CHEMI~ NME WASTE PAINT SL~GE Days On Site 365 . Location within this Facility Unit Map: Grid: CAS# 221 E STATE = TYPE[Waste PRESS~E ~ ~ientT~PE~T~E CONTAI~R TYPE ~i~id t ~bient I DR~/B~L-METALLIC AMO~S AT THIS LOCATION I Largest Container I Daily M~imum Daily Average 10.00 GAL I 15.00 GAL 10.00 GAL Radioactive/~ount EPA Hazards NFPA USDOT# MCP | No No [ No No/ Curies F DH / / / U~ -~- 05/23/2001 05/23/01 10:15 0576 BFD HAZ KaT DI¥ ~]006 ALDERETE PAINT & BODY SHOP SiteID: 015-021-000785 Fast Format ~ Notif./Evacuation/Medical Overall Site ---Agency Notification 04/23/2001 CALL 911. Employee Notif./Evacuation : 05/22/1992 I IN THE EVENT OF A FIRE, THE EMPLOYEES ARE VERBALLY NOTIFIED OF THE FIRE AND I TOLD TO GO OUTSIDE WHERE A HEAD COUNT IS TA/~EN TO MAKE SURE EVERYBODY GOT lOUT. THEN THE SECRETARY OR SHOP FORE~L~N WILL NOTIFY THE FIRE DEPARTMENT ~ Public Notif./Evacuation 04/23/2001 WE WOULD USE THE MAIN DOORS, E AND W BLDG DOORS. THE DOORS ~ OPEN DURING WORKING HOURS. THE OFFICE DOOR FACING E ARE OPENING. THE N DOOR IS USED FOR EVkCUATION. Emergency Medical Plan 04/23/2001 DOCTOR - R W LARSON MD - 2920 F ST - 322-1781 AMBULANC~ - GOLDEN EMPIRE - 801 18TH ST - 327-9000 HOSPITAL - MERCY HOSPITAL - 2215 TRI/XTUN AV - 327-3371 -5- 05/23/2001 05/23/01 10:15 0576 BFD HAZ MAT DIV ~]007 ALDERETE PAINT & BODY SHOP SiteID: 015-021-000785 Fast Format ~Miti~atlon/Prevent/Abatemt Overall Site THRelease Prevention 04/23/2001 O SMOKING IS ALLOWED IN THE PAINTING AR]EA. EMPLOYEES HAVE BEEN SHOWN WHERE E FIRE EXTINGUISHERS ARE LOCATED. ANY SPILLS ARE CLEANED UP RIGHT AWAY. ~Release Containment · 04/2'3/2001 WE USE SAFETY KLEEN TO PICK UP THE CONTAINMENT. LIQUIDS KEPT IN CLOSED 55 GAL DRUMS AND GASSES IN APPROVED PRESSURIZED CYLINDERS. -- Clean Up 04/23/2001 THE ONLY SPILLS ARE RADIATOR COOLANT AND GASOLINE. WE USE ABSORBANT Other Resource Activation -6- '~66~ 0576 BFD ffAZ ~AT DIV ~008 05/23/01 10:16 ~ALDERETE PAINT & BODY SHOP SiteID: 015-021-000785 I Fast Format ~ site Emergency Factors Overall Site Special Hazards ----=Utility Shut-Offs 04/23/2001 A) GAS - OUTSIDE ON' E CALIFORNIA AV B) ELECTRICAL - INSIDE S SIDE OF BLDG C) WATER - OUTSIDE ON E CALIFORNIA AV D) SPECIAL - NONE E) LOCK BOX - NO -- Fire Protec./Avail. Water 04/23/2001 PRIVATE FIRE PROTECTION - WE HAVE 7 FIRE EXTINGUISHERS; 4 IN THE MAIN BLDG; 3 IN OPEN AREA. FIRE HYDRANT - WHERE IS THE NEAREST FIRE HYDRANT? Building Occupancy Level -7- 05/23/01 10:16 0576 B17D HAZ MAT DIV ~009 ALDERETE PAINT & BODY SHOP SiteID: 015-021-000785 Fast Format ~ Training Overall Site ~ Employee Training 04/23/2001 WE HAVE 4 EMPLOYEES AT THIS FACILITY. WE HAVE MATERIAL SAFETY DATA SHEETS. BRIEF SUMMARY OF TRAINING PROGRAM: WE HAVE MEETINGS WITH THE EMPLOYEES AND MAVE TOLDTHEM WHERE THE MATERIAL SAFETY DATA SHEETS ARE. WE'VE ALSO TOLD THEM IF WE HAVE A SPILL, HOW TO EVACUATE THE BLDG. THE SECRETARY WOULD NOTIFY TME FOREMAN AND NOTIFY THE FIRE DEPT. WE ALSO TR3~IN THEM HOW TO CLEAN Page 2 I ~ Held for Future Use ~ Held for Future Use -8- 05/23/2001 ! BART J. THILTGEN City Attorney :2 State Bar No. 131133 WALTER H. PORR, JR. 3 Deputy City Attorney State Bar No. 138100 4 City Hall 1501 Truxtun Avenue $ Bakersfield, CA 93301 Telephone: (661) 326-3721 Attorneys for Applicant '7 CITY OF BAKERSFIELD 8 SUPERIOR COURT OF CALIFORNIA, COUNTY OF KERN 9 METROPOLITAN DIVISION- JUSTICE BUILDING 10 . 1! In the Matter of the Application of: Case No. !2 CITY OF BAKERSFIELD, for a Warrant to DECLARATION FOR FORCED Conduct an Inspection of Alderete Paint and ENTRY INSPECTION WARRANT 1:3 Body Shop Located at 522 East California Avenue, Bakersfield, California. (Health & Safety Code § 25508) 14 tS I, RALPH HUEY, declare: 16 1. I am the Director of Environmental Services for the Bakersfield Fire Department 17 and the City of Bakersfield. In this capacity, I also serve as the Director of the Certified Unified 18 Program Agency ("CUPA") for the City of Bakersfield pursuant to Health and Safety Code §§ !9 25404 etseq. 20 2. In our capacity as CUPA for the City of Bakersfield, I and my staff are authorized 21 by Health and Safety Code §§ 25180, 25185, 25404, 25404.1, 25404.2 and 25508 to enter 22 and inspect any "factory, plant, construction site, disposal site, transfer facility, or any 23 establishment or any other place or environmentwhere hazardous wastes are stored, handled, 24 processed, disposed of, or being treated to recover resources." (Health and Safety Code § 25 25185(a)(1).) :26 3. One of the establishments which I and my staff are responsible for inspecting :27 is Alderete Paint & Body Shop ("Alderete") located at 522 E. California Avenue. As a business 28 which stores, handles and processes hazardous materials and wastes, Alderete is required DECLARATION FOR FORCED ENTRY INSPECTION WARRANT ! to file a Business Plan pursuant to Health and Safety Code §§ 25503.5 and 25505 and is 2 further required to permit inspection of its business establishment pursuant to Health and :3 Safety Code § 25508. A true and correct copy of Alderete's most recent Business Plan is 4 attached hereto as Exhibit "A" and incorporated herein by this reference. 5 4. On Friday, April 20th, 2001, Fire Prevention / Environmental Officer Steve 6 Underwood, an employee of the Environmental Services Division of the Bakersfield Fire ? Department who works under my direct supervision, attempted to conduct an inspection of 8 Alderete's establishment. As set forth in his declaration, he was refused entry. As further set P forth in his declaration, he was also refused entry on May 3rd and 22n~, 2001. !0 5. The purpose for which this Forced Entry Warrant is sought is to conduct an ! ! inspection required by law. The business owner and his agents have i'epeatedly refused to ].2 allow me and my staff to conduct this inspection. Such willful refusal to comply with the law !3 is a misdemeanor under Health and Safety Code § 25515.1. Due to the lack of cooperation !4 on the part of the business owner and his agents, I am requesting that a Forced Entry Warrant ].5 be issued and that I and my staff be allowed to serve this warrant without notice. !6 6. The foregoing matters are within my personal knowledge and if called as a 17 witness herein, I could and would competently testify thereto. 18 I declare under penalty of perjury under the laws of the State of California that the 19 foregoing is true and correct. 22 ' 'c Director Bakersfield Fire Department 23 CITY OF BAKERSFIELD 24 25 26 2? WHP:whp 28 C:\TEMP~Alderetl .wpd DECLARATION FOR FORCED ENTRY INSPECTION WARRANT 2 ?. EXHIBIT A 05/23/01 10:12 0576 BFD HAZ MAT DIV ~002 ALDERETE PAINT & BODY SHOP SiteID: 015-021-000785 Manager : BusPhone: (661) .322-0777 Location: 522 E CALIFORNIA AVE Map : 103 Co~mf4az : Moderate City : BAKERSFIELD Grid: 32A FacUnits: 1 AOV: CommCode: BAKERSFIELD STATION 02 SIC Code:7532 EPA Numb: CAL000062856 DunnBrad:95-294-7748 Emergency Contact / Title Emergency Contact / Title GERALD M ALDERETE / OWNER MARTIN S ALDERETE / FOREMAN Business Phone: (661) 322-0777x Business Phone: (661) 322-0777x 24-Hour Phone : (661) 832-1726x 24-Hour Phone : (661) 322-3720x Pager Phone : ( ) - x 'Pager Phone : ( ) - x Hazmat Hazards: Fire Press ImmHlth DelHlth Contact : Phone: (661) 322-0777x MailAddr: 522 E CALIFORNIA AVE State: CA City : BAKERSFIELD Zip : 93307 Owner GERALD M ALDERETE Phone: (661) 832-1726x Address : 3016 ERWIN ST State: CA City : BAKERSFIELD Zip : 93304 Period : to TotalASTs: = Gal Preparer: TotalUSTs: = Gal Certif'd: RSs: No .Emergency Directives: = Hazmat Inventory One Unified List --Alphabetical Order Ail Materials at Site Hazmat Common Name... ISpecHazlEPA HazardsI Frm (DailyMax IUnitlMCP ACETYLENE E F P IH G 30.00 FT3 Hi CARBON DIOXIDE & ARGON MIXTURE F P IH G 760.00 FT3 Min DIESEL F DH L 5.00 GAL Low OXYGEN F P IH G .747.00 FT3 Low T~INNERS F IH L 1.00 GAL. Hi WASTE PAINT SLUDGE F DH L' 15.00 GAL UnR -1- 05/23/2001 05/23/01 10:12 0576 BFD HAZ MAT DIV ~003 F ALDERETE PAINT & BODY SHOP SiteID: 015-021-000785 ~ ~ Inventory Item 0001 Facility Unit: Mobile Containers on Site ~ -- COMMON NAME / CHEMICAL NAME ACETYLENE Days On Site 365 Location within this Facility Unit Map: Grid: · MOBILE CAS# 74-86-2 ~ STATE ~ TYPE I PRESSURE I TEMPERATUREPure Ambient CONTAINER TYPE . . Gas Below Ambient PORT PRESS CYLINDER AMOUNTS AT THIS LOCATION I. Largest Container I Daily Maximum Daily Average 30.00 FT3 I 30.00 FT3 10.00 FT3 HAZARDOUS COMPONENTS [ %Wt. I RS1 CAS~ 100.00 Acetylene Yes 74862 Radioactive/Amount EPA Hazards NFPA HSDOTg I MCP No No ~o No/ Curiss F ~' ~ / t / I Hi ----- Inventory Item 0003 Facility Unit: Mobile Containers on Site -- COMMON NA~E / CqqEMICAL NAME CARBON DIOXIDE & ARGON MIXTURE DaYs On Site 365 Location within this Facility Unit Map: Grid: MOBILE CAS~ 128-38-9 ~ STATE = TYPE PRESSURE TEMPERATURE CONTAINER TYPE [ Mixture I Ambient · /Gas 1 Below Ambient I PORT. PRESS CYLINDER AMO TS AT TH S Largest Container Daily Maximum I Daily Average 380.00 FT3 7 0.00 I 0.00 HAZARDOUS COMPONENTS 25.00 Carbon Dioxide N 124389 ? .oo gon Radioactive/Amount EPA Hazards NFPA USDOT~ No No No 'No/ Curies F P IH / / / -2- 05/23/2001 05/23/01 10:13 0576 BFD RAZ MAT DIV ~004 F ALDERETE PAINT & BODY SHOP SiteID: 015-021-000785 9 ~ Inventory Item 0002 Facility Unit: Fixed Containers on Site ~ COMMON NAME / CHEMICAL NAME DIESEL Days On Site 365 Location within this Facility Unit Map: Grid: OUTSIDE W OF BLDG CAS# 68476-34-6 ~ STATE ~ TYPE PRESSURE ~ TEMPERATURE CONTAINER TYPE ~Pure I Ambient I DRUM/BARREL-METALLI C ~Liquid I Ambient AMOUNTS AT THIS LOCATION Largest Container Daily Maximum I Daily Average 5.00 GAL 5.00 GAL [ 5.00 GAL HAZARDOUS COMPONENTS .- 100.00 Diesel Fuel No. 2 68476302 HAZARD ASSESSMENTS TSecret[ RS[BioHaz[ Radioactive~Amount I EPA HazardsI NFPA USDOT# , MCP No No No No/ Curies F DH. / / / I Low = Inventory Item 0002 Facility Unit: Mobile Containers on Site ~ -- COMMON NAME / CHEMICAL NAME OXYGEN Days On Site 365 Location within this Facility Unit Map: Grid: MOBILE CAS% 7782-44-7  STAT~ ~ TYPE PRESSURE TEMPERATURE CONTAINER TYPE Gas [Pure [ ~Ambient [ Below Ambient I PORT- PRESS- CYLINDER AMOUNTS AT THIS LOCATION Largest Container Daily Maximum I Daily Average 249.00 FT3 747.00 FT3I 249.00 FT3 HAZARDOUS COMPONENTS 100.00 Oxygen, Compressed o 7782447 EAzARD ASSESSMENTS ITSecretl RStBioHaz R~dioactive/Amount I EPA HazardsI NFP~ I USDOT# ' MCP I No INo No No/ Curies F P IH / / / I Low -3- 05/23/01 10:14 0576 B17D HAZ ~AT DIV ~005 ALDERETE PAINT & BODY SHOP SiteID: 015-021-000785 ~ = Inventory Item 0001 Facility Unit: Fixed Containers on Site ~ THINNERS Days On Site 365 Location within this Facility Unit Map:. Grid: OUTSIDE W OF. BLDG CAS~ 67-64-1  STATE TYPE PRESSURE -- TEMPERATURE CONTAINER TYPE -- Liquid lMixture.~ t Ambient [ Ambient ' I DRUM/BARREL-METALLIC AMOUNTS AT THIS LOCATION t Largest Container I Daily Maximum I Daily Average 1.00 GAL 1.00 GAL 1.00 GAL X-J,/-.X~J..k~U~ ~U~U~'l'~' %Wt. RS CAS# 5.00 Methanol No 67561 15.00 Toluene No 108883 5.'00 Xylene, Mixed No 1330207 10.00 n-Propanol No 71238 30.00 Acetone No 67641 10.00 n-Butyl Acetate No 123864 HAZARD ASSESSMENTS Tsecret'll RS]BioHaz(, 'Radioactive/Amount I EPA Hazards NFPA I USDOT# .MCP No INo J No No/ Curies F IH / / / Hi ----- Inventory Item 0003 Facility Unit: Fixed Containers on Site WASTE PAINT SLUDGE Days On Site 365 Location within this Facility Unit Map: Grid: CAS# 221 r STATE TYPE PRESSURE TEMPERATURE CONTAINER TYPE Liquid ~/Waste I Ambient ~ Ambient I DRUM/BARREL-METALLIC ~, AMOUNTS AT THIS LOCATION Largest Container I Daily Maximum I Daily Average 10 . 00 GALI 15 . 00 GALI 10 . 00 GAL Radioactive/Amount EPA Hazards NFPA USDOT# MCP No No [ No No/ Curies F DH / / / UnR -4- 05/23/2001 05/23/01 10:15 0576 'BFD HAZ liAT DIV ~006 ALDERETE PAINT & BODY SHOP SiteID: 015-021-000785 Fast Format Notif./Evacuation/Medical Overall Site 04/23/2001 [ -~Agency Notification ALL 911. . .- Employee Notif./Evacuation 05/22/1992 IN THE EVENT OF A FIRE, THE EMPLOYEES ARE VERBALLY NOTIFIED OF THE FIRE AND TOLD TO GO OUTSIDE WHERE A HEAD COUNT IS TA/~EN TO MAKE SURE EVERYBODY GOT OUT. THEN THE SECRETARY OR SHOP FOREMAN WILL NOTIFY TEE FIRE DEPARTMENT ~ Public Notif./Evacua~ion 04/23/2001 WE WOULD USE THE MAIN DOORS, E ~ND W BLDG DOORS. THE DOORS ARE OPEN DURING WORKING HOURS. THE OFFICE DOOR FACING E ARE OPENING. THE N DOOR IS USED FOR EVACUATION. ~ Emergency Medical Plan 04/23/2001 DOCTOR R W LARSON MD - 2920 F ST - 322-1781 AMB~CE - GOLDEN EMPIRE - 801 18TH ST - 327-9000 HOSPITAL - MERCY HOSPITAL - 2215 TRUXTUN AV - 327-3371 -5- 05/23/2001 05/23/01 10:15 0576 BFD HAZ MAT DIV ~007 F ALDERETE PAINT & BODY SHOP SiteID: 015-021-000785 . Fast Format Mitigation/Prevent/Abatemt Overall Site 04/23/2001 --- Release Prevention . NO SMOKING IS ALLOWED IN THE PAINTING AREA. EMPLOYEES HAVE BEEN SHOWN WHERE THE FIRE EXTINGUISHERS ARE LOCATED. ANY SPILLS ARE CLEANED UP RIGHT AWAY. ~ Release Containment : 04/23/2001 WE USE SAFETY KLEEN TO PICK UP THE CONTAINMENT. LIQUIDS KEPT IN CLOSED 55 GAL DRUMS AND GASSES IN APPROVED PRESSURIZED CYLINDERS. -- Clean up 04/23/2001 THE ONLY SPILLS ARB P~ADIATOR COOLANT AND GASOLINE. WE USE ABSORBAI~T Other Resource Activation 05/23/01 10:16 '~66 }6 0576 BPI) HAZ I~AT DI¥ ~008 F ALDERETE PAINT & BODY SHOP SiteID: 015-021-000785 Fast Format Site Emergency Factors Overall Site Special Hazards ----~- Utility Shut-Offs 04/23/2001 A) GAS - OUTSIDE ON E CALIFORNIA AV' B) ELECTRICAL - INSIDE S SIDE OF BLDG C) WATER - OUTSIDE ON E CALIFORNIA AV D) SPECIAL - NONE E) LOCK BOX - NO -- Fire Protec./Avail. Water 04/23/2001 PRIVATE FIRE PROTECTION - WE HAVE 7 FIRE EXTINGUISHERS; 4 IN THE MAIN BLDG; 3 IN OPEN AREA. FIRE HYDRANT - WHERE IS THE NEAREST FIRE HYDRANT? l. Building Occupancy Level -7- 05/23/2001 05/23/01 10:16 0576 Bm HAZ ~T DIV ~009 F ALDERETE PAINT & BODY SHOP SiteID: 015-021-000785 Fast Format Training Overall Site -- Employee. Training 04/23/2001 WE HAVE 4 EMPLOYEES AT THIS FACILITY. WE HAVE MATERIAL SAFETY DATA SHEETS. BRIEF SUMMARY OF TR3~INING PROGRAM: WE HAVE MEETINGS WITH THE EMPLOYEES AND HAVE'TOLD THEM WHERE THE MATERIALSAFETY DATA SHEETS ARE. WE'VE ALSO TOLD THEM IF WE HAVE A SPILL, HOW TO EVACUATE THE BLDG. THE SECRETARY WOULD NOTIFY THE FOREMAN AND NOTIFY THE FIRE DEPT. WE ALSO TRAIN THEM HOW TO CLEAN Page 2 I Held for Future Use Held' for Future Use ! BART J. THILTGEN City Attorney 2 State Bar No. 131133 WALTER H. PORR, JR. 3 Deputy City Attorney State Bar No. 138100 4 City Hall 1501 Truxtun Avenue $ Bakersfield, CA93301 Telephone: (661) 326-3721 Attorneys for Applicant 7 CITY OF BAKERSFIELD 8 SUPERIOR COURT OF CALIFORNIA, COUNTY OF KERN 9 METROPOLITAN DIVISION- JUSTICE BUILDING .10 ***** 11 In the Matter of the Application of: Case No. 12 CITY OF BAKERSFIELD, for a Warrant to DECLARATION FOR FORCED Conduct an Inspection of Alderete Paint and ENTRY INSPECTION WARRANT 13 Body Shop Located at 522 East California Avenue, Bakersfield, California. (Health & Safety Code § 25508) 14 15 I, RALPH HUEY, declare: 16 1. I am the Director of Environmental Services for the Bakersfield Fire Department !? and the City of Bakersfield. In this capacity, I also serve as the Director of the Certified Unified 18 Program Agency ("CUPA") for the City of Bakersfield pursuant to Health and Safety Code §§ 19 25404 et seq. 20 2. In our capacity as CU PA for the City of Bakersfield, I and my staff are authorized 21 by Health and Safety Code §§ 25180, 25185, 25404, 25404.1, 25404.2 and 25508 to enter 22 and inspect any "factory, plant, construction site, disposal site, transfer facility, or any 23 establishment or any other place or environment where hazardous wastes are stored, handled, 24 processed, disposed of, or being treated to recover resources." (Health and Safety Code § 25 25185(a)(1).) 26 3. One of the establishments which I and my staff are responsible for inspecting 2? is Alderete Paint & Body Shop ("Alderete") located at 522 E. California Avenue. As a business 28 which stores, handles and processes hazardous materials and wastes, Alderete is reqUired DECLARATION FOR FORCED ENTRY INSPECTION WARRANT ! to file a Business Plan pursuant to Health and Safety Code §§ 25503.5 and 25505 and is 2 further required to permit inspection of its business establishment pursuant to Health and :3 Safety Code § 25508. A true and correct copy of Alderete's most recent Business Plan is 4 attached hereto as Exhibit "A" and incorporated herein by this reference. $ 4. On Friday, April 20thl 2001, Fire Prevention / Environmental Officer Steve d Underwood, an employee of the Environmental Services Division of the Bakersfield Fire '7 Department who works under my direct supervision, attempted to conduct an inspection of 8 AIderete's establishment. As set forth in his declaration, he was refused entry. As further set 9 forth in his declaration, he was also refused entry on May 3rd and 22nd, 2001. tO 5. The purpose for which this Forced Entry Warrant is sought is to conduct an 1! inspection required by law. The business owner and his agents have repeatedly refused to !2 allow me and my staff to conduct this inspection. Such willful refusal to comply with the law !3 is a misdemeanor under Health and Safety Code § 25515.1. Due to the lack of cooperation 14 on the part of the business owner and his agents, I am requesting that a Forced Entry Warrant !5 be issued and that I and my staff be allowed to serve this warrant without notice. .. !6 6. The foregoing matters are within my personal knowledge and if called as a 17 witness herein, I could and would competently testify thereto. 18 I declare under penalty of perjury under the laws of the State of California that the 19 foregoing is true and correct. 20 DATED: May ;2...%, 2001 ~~.___ ..... 21 22 Environmental Services Director Bakersfield Fire Department 23 CItY OF BAKERSFIELD 24 25 26 2? WHP:whp ~28 C:\TEMP~Alderetl .wpd DECLARATION FOR FORCED ENTRY INSPECTION WARRANT 2 05/23/01 10:12 8661 0576 B17D HAZ MAT DIV ~002 ALDERETE PAINT & BODY sHOp SiteID: 015-021-000785 Manager : BusPhone: (661) 322-0777 Location: 522 E CALIFORNIA AVE Map : 103 CommHaz : Moderate City : BAKERSFIELD Grid: 32A FacUnits: 1 AOV: CommCode: BAKERSFIELD STATION 02 SIC Code:7532 EPA Numb: CAL000062856 DunnBrad:95-294-7748 Emergency Contact / Title Emergency Contact / Title GERALD M ALDERETE / OWNER MARTIN S ALDERETE / FOREMAN Business Phone: (661) 322-0777x Business Phone: (661) 322~0777x 24-Eour Phone : (661) 832-1~26x 24-Hour Phone : (661) 322-3720x Pager Phone : ( ) - x 'Pager Phone : ( ) - x Hazmat Hazards: Fire Press ImmHlth DelHlth Contact : Phone: (661) 322-0777x MailAddr: 522 E CALIFORNIA AVE State: CA City : BAKERSFIELD Zip : 93307 Owner GERALD M ALDERETE Phone: (661) 832-1726x Address : 3016 ERWIN ST State: CA City : BAKERSFIELD Zip : 93304 Period : to TotalAgTs: = Gal Preparer: TotalUSTs: = Gal Certif'd: RSs: No Emergency Directives: ~ = Hazmat Inventory One Unified List --~.Alphabetical Order Ail Materials at Site ACETYLENE E F P IH G 30.00 FT3 Hi CARBON DIOXIDE & ARGON MIXTURE F P IH G 760.00 FT3 Min DIESEL F DH L 5.00 GAL Low OXYGEN F P IH G .747.00 FT3 Low THINNERS F IH L 1.00 GAL Hi WASTE PAINT'SLUDGE F DH L 15.00 GAL UrLR -1- 05/23/2001 ~5/23/0t 10:12 "l~66~ 0576' BFD HAZ MAT DIV ~003 ALDERETE PAINT & BODY SHOP SlteID: 015-021-000785 ~ ~ Inventory Item 0001 Facility Unit: Mobile Containers on Site ~ -- COMMON NAME / CHEMICAL NAME ACETYLENE Days On Site 365 Location within this Facility Unit Map: ~ Grid: MOB ILE CAS # 74-86-2 ~ STATE ~ TYPE PRESSURE --~ TEMPERATURE CONTAINE~ TYPE Pure Below Ambient { PORT. PRESS CYLINDER { Gas I Ambient - AMOUNTS AT THIS LOCATION Largest Container Daily Maximum I Daily Average 30.00 FT3 ' 30.00 FT3 I 10.00 FT3 ~LZ~ZARDOUS COMPONENTS ,, 100.00 Acetylene Yes 74862 Radioactive/Amount EPA Hazards NFPA USDOT# I MCP No = Inventory Item 0003 Facility Unit: Mobile Containers on Site ~ -- COMMON NAME / CHEMICAL NAME CARBON DIOXIDE & ARGON MIXTURE Days On Site' 365 Location within this Facility Unit Map: Grid: MOBILE CAS# ~ 128-38-9 STATE ~ TYPE PREssURE TEMPERATURE CONTAINER TYPE Largest C°ntainer I Daily Maximum [ Daily Average HAZARDOUS COMPONENTS , 25.00 Carbon Dioxide N 124389 75.00 iAr~on {No { 7440371 iTSecretI. {RSIBi°Hazl HAZARD ATSESSMENTS · , { Radioactive/Amount EPA Hazards NFPA USDOT# { MCp No No } No No/ Curies F P IH / / / { Min { I ! -2- 05/23/2001 05/23/01 10:13 05?6 Bm ~AZ MAT DIV ~004 F ALDERETE PAINT & BODY SHOP SiteID: 015-021-000785 ~ Inventory Item 0002 Facility Unit: Fixed Containers on Site DIESEL Days On Site 365 Location within this Facility Unit Map: Grid: OUTSIDE W OF BLDG CAS# 68476-34-6 F STATE ~ TYPE PRESSURE TEMPER3kTURE CONTAINER TYPE Liquid fPure Ambient IAmbient I DRUM/BARREL-METALLIC AMOUNTS AT THIS LOCATION Largest Container I Daily Maximum I Daily Average 5.00 GAL 5.00 GAL 5.00 GAL HAZARDOUS COMPONENTS 100.00 Diesel Fuel No. 2 No 68~76302 t IR PIAZARD ~SESSMENTS I IMCP ' TSecret S BioHaz Radioactive/Amount EPA Hazards NFPA USDOT# No No No No/ Curies F DH / / / Low ~ Inventory Item' 0002 Facility Unit: Mobile Containers on Site ~ OXYGEN Days On Site 365 Location~within this Facility Unit Map: Grid: MOBILE CAS# 7782-44-7 I'Gas. [Pure I Amblent~ Below Ambient PORT. PRESS. CYLINDER AMOUNTS AT THIS LOCATION ~ Largest Container I Daily MaximumI D~ilyAvera~e ~ 249.00 FT3 747.00 FT3 249.00 FT3 HAZARDOUS COMPONENTS 100.00 Oxygen, Compressed N 7782447 TSecret I RS ' BioHaz tI I HAZARD ATSESSMENTS II , Radioactive/Amount EPA Hazards NFPA U~DOT# I MCP No INo , No No/ Curies F P IH / / / , Low ; -3- 05/~3/~001 05/23/01 10:14 ~661~ 0576 BFD HAZ MAT DIV ~005 ALDERETE PAINT & BODY SHOP SiteID:'015-021-000785 ~ ~ Inventory Item 0001 Facility Unit: Fixed Containers on Site ~ ~ COMMON NAME / CHEMICAL NAME THINNERS Days On Site 365 Location within this Facility Unit Map: Grid: OUTSIDE W OF BLDG CAS~ F STATE T TYPE t PRESSURE -- TEMPERATIIRE i CONTAINER TYPE Ambient DRUM/BARREL -METALLIC Ambient Liquid Mixture AMOUNTS AT THIS LOCATION q Largest Container .l Daily Maximum I Daily Average 1.00 GALI 1.00 GAL I 1.00 GAL HAZARDOUS COMPONENTS %Wt. I RS CAS# 5.00 Methanol IN° 67561 15.00 Toluene No 108883 5.00 Xylene, Mixed No 1330207 10.00 n-Propanol No 71238 30.00 Acetone No 67641 10.00 n-Butyl Acetate No 123864 HAZARD ASSESSMENTS fTSecret 1 ' RS IBiOHazNo Radi°active/Am°unt I EPANo/ Curies F HazardsIIH NFPA/// USDOT~ ,I'MCPHi No No = Inventory Item 0003 Facility Unit: FiXed Containers on Site · . COMMON NAME / CHEMICAL NAME WASTE PAINT SLUDGE Days On Site 365 Location within this Facility Unit ~Map: Grid: 221 STATE ~ TYPE i PRESSURE ~ TEMPERATURE · CONTAIAIER TYPE rLiquid Waste Ambient Ambient DRUM/BARREL -METALLIC , AMOUNTS AT THIS LOCATION I Largest Container I Daily Maximum I Daiiy Average 10 . 00 GAL 15 . 00 GAL 10 . 00 GAL Radioactive/Amount EPA Hazards NFPA USDOT# MCP No No [ No No/ Curies F DH / / / .[ UnR. -4- 05/23/2001 '05/23/01 10:15 ~66] 0576 BFD HAZ MAT DIV ~006 ALDERETE PAINT & BODY SHOP SiteID: 015-021-000785 Fast Format Notif./Evacuation/Medical Overall Site --~ Agency Notification 04/23/2001 CALL 911. EmploYee Notif./Evacuation 05/22/1992 I IN THE EVENT OF A FIRE, THE EMPLOYEES ARE VERBALLY NOTIFIED OF THE FIRE AND I TOLD TO GO OUTSIDE WHERE A HEAD COUNT IS TAKEN TO MAKE SURE EVERYBODY GOT 0UT. THEN THE SECRETARY OR SHOP FOREMAN WILL NOTIFY THE FIRE DEPARTMENT ~ Public Notif./Evacuation 04/23/2001 WE WOULD USE THE MAIN DOORS, E AND W BLDG DOORS. THE DOORS AR~ OpEN DURING WORKING HOI/RS. THE OFFICE DOOR FACING E ARE OPENING. THE N DOOR IS USED FOR EVkCUATION. ~ Emergency Medical Plan 04/23/2001 DOCTOR - R W LARSON MD - 2920 F ST - 322-1781 AMBULANCE - GOLDEN EMPIRE - 801 18TH ST - 327-9000 HOSPITAL - MERCY HOSPITAL - 2215 TRUXTUN AV - 327-3371 -5- 05/23/2001 ~ ' ~5/23/01 [0:15 0576 BIrD HAZ ~IAT DIV ~007 F ALDERETE PAINT & BODY SHOP SiteID: 015-021-000785 _ Fast Format = Mitigation/Prevent/Abatemt Overall Site -- Release Prevention 04/23/2001 NO SMOKING IS ALLOWED IN TrEE PAINTING AREA. EMPLOYEES HAVE BEEN SHOWN WHERE THE FIRE EXTINGUISHERS ARE LOCATED. ANY SPILLS ARE CLEANED UP RIGHT AWAY. Release Containment . 04/23/200! WE USE SAFETY KLEEN TO PICK UP THE CONTAINMENT. LIQUIDS KEPT IN CLOSED 55 [GAL DRUMS AND GASSES IN APPROVEDPRESSURIZED CYLINDERS. ,, Clean Up 04/23/2001 THE ONLY SPILLS J%R.E RJ~IATOR COOI_,A/~ ~ GJ~gOLINE. ~ USE _A.~SORB~ Other Resource.. Activation -6- 05/23/2001 '05/23/01 10:15 866~ 0576 BFD HAZ ~AT DIV [~008 F ALDERETE PAINT & BODY SHOP SiteID: 015-021-000785 Fast Format Site Emergency Factors Overall Site Special Hazards ---~- Utility Shut-Offs 04/23/2001 A) GAS - OUTSIDE ON E CALIFORNIA AV B) ELECTRICAL - INSIDE S SIDE OF BLDG C) WATER - OUTSIDE ON E CALIFORNIA AV D) SPECIAL - NONE E) LOCK BOX - NO - ' ' Fire Protec./Avail. Water 04/23/2001 PRIVATE FIP~E PROTECTION - WE HAVE 7 FIRE EXTINGUISHERS; 4 IN THE MAIN BLDG; 3 IN OPEN AREA. FIRE ~YDRANT - WHERE IS THE NEAREST FIRE HYDRANT? Building Occupancy Level -7- 05/23/2001 05/23/01 10:16 0576 Bm HAZ ~T DIV ~009 ALDERETE PAINT & BODY SHOP , SiteID: 015-021-000785 Fast Format Training Overall Site ~ Employee Training 04/2'3/2001 WE HAVE ~ EMPLOYEES AT ~IS FACILITY. WE ~AvE ~TERIAL SAFETY DATA SHEETS. BRIEF SUMMA~.Y OF TR3~INING PROGRAM: WE HAVE MEETINGS WITH THE EMPLOYEES AND ~VE TOLD THEM WHERE THE MATERIAL SAFETY DATA SHEETS AR~. WE'VE ALSO TOLD THEM IF WE HAVE A SPILL, HOW TO EVACUATE THE BLDG. THE SECRETARY WOULD NOTIFY T~E FOREMAN AND NOTIFY THE FIRE DEPT. WE ALSO TRAIN THEM HOW TO CLEAN ~} - Page 2 i'~ Held for Future Use Held for Future Use -8- 05/2]/200~