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)
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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.
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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
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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
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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
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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
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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
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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
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