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Home My WebLink AboutMITIGATION 6/28/2002 BAKERSFIELD FIRE DEPARTMENT OFFICE OF ENVIRONMENTAL SERVICES PRELIMINARY INVESTIGATION REPORT Prepared by: ,~Howard H. Wines, Ill Hazardous Materials Specialist Registered Geologist No. 7239 File Name: S:\CORRESPONDENCE~2002-08\Clark Prelim Inv. Rpt.wpd Report Date: August 5, 2002 Incident: Docket No. 2002-07 Location: Clark Pest Control 530 California Ave. Incident Date: June 28, 2002 Violation: Section 25189.5. Disposal, treatment or storage at, or transportation to, facilities without permits or at unauthorized points.. Statute: California Health and Safety Code, Chapter 6.5 Penalty: $10,500 Suspect -1: James F. Clark, Jr., primary co-owner Witness -1: Tim Ryan, Industrial Waste Inspector Witness -2: April West, Industrial Waste Inspector Narrative: See attached. Administrative Enforcement Action - Clark Pest Control Preliminary Investigation Report Page 2 Penalty Calculation Pursuant to Title 22 of the California Code of Regulations Actual or Potential Harm: Waste pesticide residue is considered a "Moderate" actual or potential harm. (66272.63(b)(2)(B)) Extent of Deviation: Illegal disposal is considered a "Major" violation. Thc disposal requirement was completely ignored.' (66272.63(c)(2)(A)) Initial Base Penalty: $10,500 (66272.63(d)) Additional Penalties: N/A. one-time incident, one day of violation. (66272.63(e)) Intent (before the fact): N/A. (66272.64(a)) Total Base Penalty: $10,500 Adjustment Factors: (66272.64(b)) Cooperation and Effort: Multiplier (0.75 to 1.0) (66272.65(a)) $10,500 Standard Cooperation (1.0) Prophylactic Effect: Multiplier (0.5 to 2.0) (Neutral Effect = 1) $10,500 Economic Benefit: Avoided proper disposal costs. IResponsible party shall be required to properly clean waste water sdmp and submit for re-inspection by Building and Public Works DePartments to determine if the sump structure meets plumbing and Mechanical Code requirements. Ability to Pay: N/A. (N/A) Final Adjusted Penalty: $10,500 NARATIVE OF INVESTIGATION: On Friday, June 28, 2002, at approximately 14:15 hrs, I entered Clark pest Control Office accompanied by Tim Ryan and April West, Industrial Waste Inspectors. I introduced . myself to the receptionist and informed her that we were there to conduct an inspection. The receptionist called Keith MC KENZIE, Quality Assurance Director, to come up front to meet with us. After explaining the nature of the inspection to McKenzie, he then referred us to Joe 'VALENZUELA, Shop Forman, who led the Industrial Waste Inspectors to the floor drain sump. At this point, I asked McKenzie if he could sign a Consent for Administrative Inspection form so that we may have permission to obtain samples and take photographs. McKenzie said he would call the owner, Jim CLARK, to come down and sign the form himself. McKenzie made the call to Clark and informed me that Clark was having lunch at Uriccio's which is across the street from the Clark corporate offices located at 1700 K St. During the time I was waiting for Clark to arrive, I rejoined the Industrial Waste Inspectors who were examining the floor drain. The drain is located inside an exterior shed on the north side of the shop building. There is a stainless steel sink attached to the north side of the shed. A 2" diameter hard rubber hose connected to the sink drain terminates at ground level where the drainage runs out and flows through under a gap beneath the shed wall to the floor drain inside. Two partly filled pesticide containers were observed in the sink, along with an empty container which had been cut in half. A drum of empty, cut-in-half, pesticide containers were stored inside the shed. An open top 5-gallon pail of waste sludge was also inside the shed. Mr. Clark drove up and I introduced the inspection team and asked him to sign the Consent form, which he did. The Industrial Waste Inspectors then obtained a composite sample from the floor drain and the pail containing sludge (Sample #1), and a second sample from the discharge hose from the stainless steel sink (Sample #2). A dye was added to the floor drain and the nearest sewer manhole was opened to observe the dye passing from the floor drain into the sewer, which was confirmed as being connected to the.sewer. Valenzuela said the floor drain had been clogging up, and that material had been recently removed and placed in the pail. A discussion then ensued between Clark and Valenzuela about why the waste sludge had not yet been disposed. Valenzuela told Clark that he thought disposal cost might be several hundred dollars. Clark responded, "If that's all it costs, go ahead and pay it." A chain of custody was completed for the samples and I directly transported the samples to BC Laboratory, a State Certified lab for hazardous waste analysis. The laboratory results indicate that the material in the discharge hose from the stainless steel sink qualified as a hazardous waste in California due to its aquatic toxicity. NO FURTHER INFORMATION AT THIS TIME. CITY OF BAKERSFIELD FIRE DEPARTMENT OFFICE OF ENVIRONMENTAL SERVICES UNIFIED PROGRAM INSPECTION CHECKLIST 1715 Chester Ave., 3rd Floor, Bakersfield, CA 93301 FACILITY NAME eC. Poz~ 9~-~'r" Cotovccoc_ INSPECTION DATE ~/2 <~Z Section 4: ttazardous Waste Generator Program EPA ID # [] Routine [] Combined [] Joint Agency [] Multi-Agency ~R~Complaint [] Re-inspection OPERATION C V COMMENTS Hazardous waste determination has been made EPA ID Number (Phone: 916~tg44-74~ to obtain EPA ID #) Authorized for waste treatment and/or storage Reported release, fire, or explosion within 15 days of occurrence Established or maintains a contingency plan and training _ Hazardous waste accumulation time frames ~'Ra~~ ~m, g~,oS~-~" ptSPO~ Containers in good condition and not leaking Containers are compatible with the hazardous waste Containers are kep~ closed when not in use Weekly inspection of storage area Ignitable/reactive waste located at least 50 feet from property line Secondary containment provided Conducts daily inspection of tanks Used oil not contaminated with other hazardous waste Proper management of lead acid batteries including labels Proper management of used oil filters Transports hazardous waste with completed manifest Sends manifest copies to DTSC Retains manifests for 3 years Retains hazardous waste analysis for 3 years Retains copies of used oil receipts for 3 years Determines if waste is restricted from land disposal / / / C=Compliance V=Violation Inspector: i/k} ! ~,s ~<~ Office of Environmental Services (661) 326-3979 Business Site White - Env. Sves. Pink - Business Copy ~~o~at,..., ~. Chain of Custody Form -, ~-,~-" ~r~- ~'r f ' " ' , , ~ I~t~"~ ..... ' ~ t~ ' ~ ~ _. S?OUT _ I I : } i , ,'" [~l L ::l =,, =,. ,.~~ _ _ ..,.... ,,_ .,...,.,,, _. ,.:,. . ~. ' BC L~s, Int. -41¢ ~ O. - ~l~ ~ 93J¢ - 651,J21.4911 - F~. 5¢1.32~. 1918 - ~.~.com California Business Search Page 1 of 1 DISCLAIMER: The information displayed here is current as of AUG 02, 2002 and is updated weekly. It is not a complete or certified record of the Corporation. Corporation CLARK PEST CONTROL, INC. Number, C0278599 IIDate Filed: 9/28/1953 IIStatus: active Jurisdiction: California Mailing Address PO BOX 2466 BAKERSFIELD, CA 93303 Agent for Service of Process JAMES F CLARK, JR 530 CALIFORNIA AVE BAKERSFIELD, CA 93304 For information about certification-of corporate records or for additional corporate information, please refer to Corporate Records. If you are unable to locate a corporate record, you may submit a request to this office for a more extensive search. Fees and instructions for requesting this search are included on the Corporate Records Order Form. Blank fields indicate the information is not contained in the Computer file. If the status of the corporation is "Surrender", the agent for service of process is automatically revoked. Please refer to California Corporations Code Section 2114 for information relating to service upon corporations that have surrendered. · http://kepler.ss.ca.gov/corpdataIShowAllList?QueryCorpNumber=-C0278599&printer=yes 8/5/2002 CITY OF BAKERSFIELD DEPARTMENT OF PUBLIC WORKS - WASTEWATER DIVISION Clark Pest Control - Alleged illegal disposal/discharge of pesticide/pesticide residue PROJECT: to City Sewer. (6/28/02) NON-SAFETY GROUP DIRECT LABOR COST INDUSTRIAL WASTE INSPECTOR Regular Hours Worked 28.5 Hrs. @ $22.37 Per Hour = $637.57 Overtime Hours Worked 2 Hrs. @ $33.56 Per Hour = $67.11 TEMP INDUSTRIAL WASTE INSPECTOR Regular Hours Worked 4 Hrs. @ $17.11 Per Hour = $68.44 Overtime Hours Worked 0 Hrs. @ $25.67 Per Hour = $0.00 · Regular Hours Worked 0 Hrs. @ $0.00 Per Hour = $0.00 Overtime Hours Worked 0 Hrs. @ $0.00 Per Hour = $0.00 SUBTOTAL DIRECT LABOR: $773.13 FRINGE BENEFITS: $309.25 TOTAL COST~ DIRECT LABOR & FRINGE BENEFITS~ IN NON-SAFETY GROUP-- $1~082.38 COST OF MATERIALS USED Film Development I UNIT @ $12.93 Per UNIT = $12.93 0 UNIT @ $0.00 Per UNIT = $0.00 $12.93 TOTAL TAX $0.00 TOTAL COST FOR MATERIAL USED $12.93 GENERAL SUPERVISORY GROUP PRETREATMENT/REVENUE SUPERVISOR Regular Hours Worked 1 Hrs. @ $28.66 · Per Hour = $28.66 Overtime for Supervisory Group is SUBTOTAL DIRECT LABOR: $28.66 always at regular wages, except on FRINGE BENEFITS: $10.32 Holidays. TOTAL COST~ DIRECT LABOR & FRINGE BENEFITS, IN SUPERVISORY GROUP $38.98 INTERNAL RENTAL COST OF CITY EQUIPMENT Cargo Van (4245) 3 Hrs. @ $5.09 Per Hour = $15.27 Dodge Van (4458) 0 Hrs. @ $1.93 Per Hour = $0.00 Ford Ranger (4819) 0 Hrs. @ $2.38 Per Hour = $0.00 Isco Sampler 0 days @ $0.00 Per Day = $0.00 Sigma Sampler 0 days @ $5.05 Per Day = $0.00 Misc Equip (describe) 0 Hrs. @ $0.00 Per Hour = $0.00 TOTAL: $15.27 TOTAL COST FOR CITY EQUIPMENT USAGE. $15.27 TOTAL COST FOR LABOR, FRINGE BENEFITS AND CITY EQUIPMENT USAGE ....... $1,136.62 DEPARTMENTAL AND CITY OF BAKERSFIELD TOTAL OVERHEAD COST .... $250.06 TOTAL COST FOR MA TERIAL USED ..... $12.93 TOTAL COST OF PROJECT = $1,399.61 C:\temp\ Cost Recov Clark6-28-O2.xls INVOICE NO 159074 ~ES, INC . Page 1 of 1 Client Copy J.J. Eglin, Reg. Chcm. Engr. 4100 A[I~ CourL B~¢rsfi¢ld, C~i~mia 9330g Phone (661) 327491 I; F= (661) 327-1918 SKRS~ =u Numb=£: CHcntNo. Invoice Date: 08/01/2002 CITY OF BAKERSFIELD Lab Number: 02-06657 1715 CHESTER SUITE 300 Submitted On: 06/28/2002 Attn: R.E. HUEY 326-3979 Submitted By: CITY OF BAKERSFIELD BAKERSFIELD, CA 93301 Payment Due: 08/31/2002 Terms: Net 30 days Quanlity DescriptionofS¢~ice Dept. Unit Amount 1 CLARK, 0206281-1, 06/28/2002, A.WEST,T.RYAN 2 CLARK, 0206281-2, 06/28/2002, A.WEST,T.RYAN 1TB CI~RK, TRAVEL BLAlqK, 06/28/2002, A.WEST,T.RYAN ORGANICS: EPA 525 Acid Extractable and Base 1 Neutral Organics - (Sample 1TB) 205 1.50.00 150.C ORGANICS: EPA 525 Acid Extractable and Base 1 Neutral Organics (Sample 1) 205 275.00 275.¢ OUTSIDE SERVICES: Aquatic Toxicity - (Samples 1, 2 2) 209 250.00 500.C TOTAL: 17-Metals (Sb, As, Ba, Be, Cd, Cr, Co, Cu, Pb, Hg, Mo, Ni, Se, Ag, TI, V, Zn) - .(Samples 1, 2 2) 207 300.00i 600.£ DISPOSAL CHARGES DISPOSAL CHARGES (2 samples @ 5.00 each) 212 10.( $1535.( Pleasere~rtotheinvoicenumberabove when makingyourpayment. This~ yourinvoice-Wedonotitem~eaga~ BAKERSFIELD FIRE DEPARTMENT ENVIRONMENTAL SERVICES DIVISION CONSENT FOR ADMINISTRATIVE INSPECTION I, .. _ ~ , , give my permission / to '~~ L,,.~,,~5r (--~'z--,~,,~5- %~'~.. of the Environmental Services Division of the Bakersfield Fire Department, and others who may assist him/her, to conduct an inspection of the real property/premises more particularly described below, including all buildings, rooms, garages, storage spaces, compartments, storage tanks, and any other container or item found on the premises: (NUMBER) (STREET NAME) (APT/UNIT) (CITY) (STATEi I am consenting to this .inspection freely and voluntarily, without force, threats or promises of any kind. I understand I have the right to refuse to consent pe/~tJ'on '~d the right to refuse to sign this form. K/// (SIGNATURE) (TIME) :. (DATE) (FIRE DEPARTMENT OFFICER SIGNATURE) WITNESSES: .aton 6 Page 4 of 5 NOTE: Authority cited: Sections 11456, 12976 and 12981, Food and Agricultural Code., Reference: Sections 11501, 12981 and 14102, Food and Agricultural Code. (a) Except for containers to be returned to the registrant, each emptied container that has held less than 28 gallons of a liquid pesticide that is diluted for use shall be rinsed and drained by the user at time of use as follows: (b)(1) Use the following amount of water or other designated spray carder for each rinse. Size of container Amount of rinse medium Less than 5 gallons 1/4 container volume 5 gallons or over 1/5 container volume (2) Place required minimum amount of rinse medium in the container, replace closure securely, and agitate. (3) Drain rinse solution from container into tank mix. Allow container to drain 30 seconds after normal emptying. (4) Repeat (2) and (3) above a minimum of two times so as to provide a total of three rinses; or (c)(1) Invert the emptied container over a nozzle located in the opening of the mix tank which is capable of rinsing all inner surfaces of the container. (2) Activate the rinse nozzle allowing the rinse solution to drain into the tank. The rinse shall continue until the rinse solution appears clear and a minimum of one-half of the container volume of rinse medium has been used. A minimum of 15 pounds pressure per square inch shall be used · for rinsing; or (d) Other rinse methods, at least equal in effectiveness to the above, approved by the director. NOTE: Authority cited: Sections 11456, 12976 and 12981; Food and Agricultural Code. Reference: Sections 11501, 12981 and 14102, Food and Agricultural Code. 6686. Exemptions. ! BARTJ. 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, California 93301 Telephone: (661) 326-3721 7 Attorneys for Applicant CITY OF BAKERSFIELD 9 SUPERIOR COURT OF CALIFORNIA, COUNTY OF KERN ! 0 METROPOLITAN DIVISION - JUSTICE BUILDING In the Matter of the Application of: Case No. I2 INSPECTION WARRANT - IMMEDIATE ]3 CITY OF BAKERSFIELD, for a Warrant EXECUTION WITHOUT NOTICE to Inspect the Premises of CLARK ]4 PEST CONTROL located at 530 [Code Civ. Proc. § 1822.50; Health & California Avenue, Bakersfield, Safety Code § 25185(a)] !$ California ]7 THE PEOPLE OF THE STATE'OF CALIFORNIA, TO ANY ENVIRONMENTAL ]8 SERVICES OFFICER OR POLICE OFFICER OF THE CITY OF BAKERSFIELD: ]9 Proof by Affidavit having been made this day before this Court, and it appearing 20 therefrom that there is good cause shown for believing that the illegal disposal of pesticides 2.] may exist at the property located at 530 California Avenue, in the City of Bakersfield, County 2.2.of Kern, State of California. :23 YOU ARE HEREBY COMMANDED to enter the property located at 530 California 24 Avenue, in the City of Bakersfield, County of Kern, State of California, (with assistance from 25 the Bakersfield Police Department if necessary) to conduct an inspection of said property. 26 This inspection shall be conducted pursuant to Code of Civil Procedure section 1822.56 2.7 and Health and Safety Code section 25285 in a reasonable manner for the purpose of 28 ensuring compliance with all applicable laws. Furthermore, good cause having been ! demonstrated by affidavit that immediate execution of this warrant is reasonably necessary, 2 the Officers serVing said warrant are authorized to do so immediately and without notice 3 pursuant to Code of Civil Procedure section 1822.56. Any inspection made hereunder shall 4 be conducted between the hours of 8:00 a.m. and 6:00 p.m. of any day. This warrant will be .5 effective from the date hereof for a period not to exceed fourteen (14) days. {5 YOU ARE AUTHORIZED to take any necessary photographs of said property and to 7 take any necessary samples pursuant to Health and Safety Code section 25185(b)(2). 8 Given under my hand this ~?~C~ day of June, 2002. 11 JUI;~GE OF THE SUPERIOR COURT / !3 !4 !7 20 2! 22 23 24 25 WHP:alj S:~FIRE~J nspectionWarrant. ClarkPestControl.wpd 27 28 ! BART J. THILTGEN City Attorney 2 State Bar No. 131133 WALTER H. PORR, JR. Deputy City Attorney State Bar No. 138100 4 City Hall 1501 Truxtun Avenue 5 Bakersfield, California 93301 Telephone: (661) 326-3721 Attorneys for Applicant CITY OF BAKERSFIELD 9 SUPERIOR COURT OF CALIFORNIA, COUNTY OF KERN ]0 METROPOLITAN DIVISION- JUSTICE BUILDING In the Matter of the Application of: ) Case No. INSPECTION WARRANT - IMMEDIATE 13 CITY OF BAKERSFIELD, for a Warrant ) EXECUTION WITHOUT NOTICE to Inspect the Premises of CLARK ) 14 PEST CONTROL located at 530 [Code Civ. Proc. § 1822.50; Health & California Avenue, Bakersfield, Safety Code § 25185(a)] 15 California ]7 THE PEOPLE OF THE STATE*OF CALIFORNIA, TO ANY ENVIRONMENTAL 18 SERVICES OFFICER OR POLICE OFFICER OF THE CITY OF BAKERSFIELD: !9 Proof by Affidavit having been made this day before this Court, and it appearing 20 therefrom that there is good cause shown for believing that the illegal disposal of pesticides 2.! may exist at the property located at 530 California Avenue, in the City of Bakersfield, County 2.:2. of Kern, State of California. :23 YOU ARE HEREBY COMMANDED to enter the property located at 530 California :24 Avenue, in the City of Bakersfield, County of Kern, State of California, (with assistance from 2..5the Bakersfield Police Department if necessary) to conduct an inspection of said property. 26 This inspection shall be conducted pursuant to Code of Civil Procedure section 1822.56 2.? and Health and Safety Code section 25285 in a reasonable manner for the purpose of 28 ensuring compliance with all applicable laws. Furthermore, good cause having been ! demonstrated by affidavit that immediate execution of this warrant is reasonably necessary, ;Z the Officers serving said warrant are authorized to do so immediately and without notice 3 pursuant to Code of Civil Procedure section 1822.56. Any inspection made hereunder shall 4 be conducted between the hours of 8:00 a.m. and 6:00 p.m. of any day. This warrant will be 5 effective from the date hereof for a period not to exceed fourteen (14) days. {5 YOU ARE AUTHORIZED to take any necessary photographs of said property and to ? take any necessary samples pursuant to Health and Safety Code section 25185(b)(2). 8 Given under my hand this ~?.~C~ day of June, 2002. 11 ,, J SUPERIOR COUR ]3 14 ]5 ]7 18 ?.0 ?-3 WHP:alj S:~FIRE'JnspectionWarrant. ClarkPestControl.wpd [ 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 5 Bakersfield, California 93301 Telephone: (661) 326-3721 7 Attorneys for Applicant CITY OF BAKERSFIELD $ 9 SUPERIOR COURT OF CALIFORNIA, COUNTY oF KERN ]0 METROPOLITAN DIVISION - JUSTICE BUILDING t! t2, In the Matter of the Application of: I Case No. INSPECTION WARRANT- IMMEDIATE [3 CITY OF BAKERSFIELD, for a Warrant ) EXECUTION WITHOUT NOTICE the Premises of CLARK [4 CONTROL located at 530 [Code Civ. Proc. § 1822.50; Health & California Avenue, Bakersfield, Safety Code § 25185(a)] [5 California ]7 THE PEOPLE OF THE STATE'OF CALIFORNIA, TO ANY ENVIRONMENTAL [8 SERVICES OFFICER OR POLICE OFFICER OF THE CITY OF BAKERSFIELD: [9 Proof by Affidavit having been made this day before this Court, and it appearing 20 therefrom that there is good cause shown for believing that the illegal disposal of pesticides 2] may exist at the property located at 530 California Avenue, in the City of Bakersfield, County 22 of Kern, State of California. 23 YOU ARE HEREBY COMMANDED to enter the property located at 530 California 24 Avenue, in the City of Bakersfield, County of Kern, State of California, (with assistance from 25 the Bakersfield Police Department if necessary) to conduct an inspection of said property. 26 This inspection shall be conducted pursuant to Code of Civil Procedure section 1822.56 27 and Health and Safety Code section 25285 in a reasonable manner for the purpose of 28 ensuring compliance with all applicable laws. Furthermore, good cause having been ! demonstrated by affidavit that immediate execution of this warrant is reasonably necessary, 2. .the Officers serving said warrant are authorized to do so immediately and without notice 3 to Code of Civil Procedure section 1822.56. Any inspection made hereunder shall 4 be conducted between the hours of 8:00 a.m. and 6:00 p.m. of any day. This warrant will be 5 effective from the date hereof for a period not to exceed fourteen (14) days. 6 YOU ARE AUTHORIZED to take any necessary photographs of said property and to 7 take any necessary samples pursuant to Health and Safety Code section 25185(b)(2). 8 Given under my hand this '~Z~'~ day of June, 2002. 9 10 11 JUDGE OF THE SUPERIOR COURT / ]3 14 ]5 !6 !8 !g 2.0 2.2. 23 2.4 25 WHP:alj S:~FIRE',lnspectionWarrant. ClarkPestControl.wpd 2.7 2 October 3, 2002 FIRE CHIEF RON FRAZE Mr James F Clark Jr ADMINISTRATIVE SERVICES Clark Pest Control Inc 2101 'H' Street Bakersfield, CA 93301 P O Box 2466 VOICE (661) 320-3941 Bakersfield CA 93303 FAX (661) 395-1349 SUPPRESSION SERVICES Dear Mr. Clark: 2101 "H' Street Bakersfield, CA 93301 VOICE (661) 326-3941 This letter is to confirm that the violations noted in thc inspection FAX (661) 395-1349 of your business, Clark Pest Control, conducted on June 28, 2002, PREVENTION SERVICES have been satisfactorily addressed. We thank you for your prompt FIRE SAFETY SERVICES · ENVI~ONM~HTAL SER~CES 171s Chester Ave. attention in returning your facility to compliance. Bakersfield, CA 93301 VOICE (661) 326-3979 FAX (661) 326-0576 If you have any questions, or if we can be of any further assistance in your environmental regulations compliance, please do not PUBLIC EDUCATION 1715 ChesterAvb. hesitate to call us at 326-3979. Bakersfield, CA 93301 VOICE (661) 326-3696 FAX (661) 326-0576 Sincerely, FIRE INVESTIGATION 1715 Chester Ave. ~ 'E~ Bakersfield, CA 93301 VOICE (661) 326-3951 FAX (661) 326-0576 Ralph TRAINING DIVISION Office of Environmental Service 5642 Victor Ave. Bakersfield, CA 93308 VOICE (661) 399-4697 FAX (661) 399-5763 REH/dc cc: Howard Wines -~BA KE RS F I E L D FIRE DEPARTMENT / MEMORANDUM DATE: September 10, 2002 TO: Susan Chichester, Business Manager FROM: Ralph E. Huey, Director of Prevention Services.~//~/ SUBJECT: Administrative Enforcement Order Attached please find a copy of the Consent Agreement for Clark Pest Control and their cheek for $6,717.00 assessed as penalty for this violation. There is no longer a 50% split with the State, however part of the cost of this investigation was bom by the Wastewater Division. A detailed spread sheet totaling $1,399.61 is also attached for your convenience. The remainder of the check, $5,317.39 should therefore be retained in our special Hazardous Waste Enforcement account. R~l-I/de attachments cc: Kirk Blair, Deputy Fire Chief I/VI~,N IJl:. IAL;HI:U ANt) FAIL). (..;HE(-;K I;IEQ;OME~ A RECEIPT IN FULL PAYMENT OF THE ACCOUNT NO OTHER RECEIPT tS NECESSARY CLARK PEST CONTROL BAKERSFIELD, CALIFORNIA INVOICE NO. G/L ACCT. NO. AMOUNT INVOICE NO. G/L ACCT. NO. AMOUNT""~ i 1-0-615 6 717.00 2001-07 DO( ~ETT I ' '.' .. -.' TOTAL ~ 6,717.00 ., - ... P.O. BOX 2466 ..... '~' ':' ." ' ' VENDOR .... DATE -'AMOUNT '.,., ~:.: :'.-..., . . BAKERSFIELD. CA 9~ , . . . . . . ' · . . .... ' ' ' ~ :'";* '"~";':- ~, ~"'" '?"?' 'T".'~":"' .','. ~ " '.' ~':"":'. ' "':' :'~;'; '~'~" ' : ' ': ,~': :.. ;.. ..:.': :,:'- : .:-,..~:..:..,... - . · , .~-......: :. ,, .. . :~: ,.,.'~ '., ~ ' .' . .' · · ' -: - -." '-. '--';' 7" .':.', -, , ',~1~ BC LABORATORIES, INC. "'~" STATEMENT I 4100 Atlas Court Bakersfield, California Customer No.: BKRSH I Customer No.: BKRSH 93308 - Page: 1 I Page: 1 Phone: 661-327-4911 ext 286 Date: 8/31/02 I Date: 8/31/02 Fax:: 661-861-8675 Sold To: I Remit To Address: ' City of Bakersfield IBC LABORATORIES, INC. 1715 Chester Suite 300 14100 Atlas Court Bakersfield, CA Bakersfield, CA 193308 93301 I Attn: R.E. Huey -~c. ~n=--=.= · ~-~'J"nce' ' Due - ] ......... Document No. Date Ty. 'Applied No. Date Amount I Document No. Amount I 159074 08/01/02 IN 08/31/02 1,535.00 1159074 1,535.00 I I I I I I I I I I I TO ENSURE PROPER CREDIT, PLEASE CHECK THE ITEMS YOU ARE PAYING IN THE I COLUMN. IN- Invoice IT- Interest Payable AD- Adjustment Total :ts 1,535.00 Total ~ 1,535.00 DB - Debit Note pY - Applied Receipt Pi ~ Prepayment CR - Credit Note ED - Earned Discount UC - Unapplied Cash 1-30DAYSO/DUE I 31- 60 DAYS O/DUE I 61~ 90 DAYS O/DUE OVER 90 DAYS O/DUE 0.00I 0.00I 0.00 0.00 BC LABORATORIES, INC D August 14, 2002' Mr. James F. Clark, Jr., President FIRE CHIEF Clark ~Pest Control, Inc. RON FRAZE P.O. Box 2466 AOMINISTRATIVESERVlCES Bakersfield, CA 93303 2101 'H' Street Bakersfield, CA 93301 VOICE (661) 326-3941 FAX (661) 395-1349 ' CLARK PEST CONTROL, INC, DOCKET NO,= SUPPRESSION SERVICES Dear Mr. Clark: 2101 #H' Street Bakersfield, CA 93301 VOICE (661) 326-3941 Enclosed please find the Order on Consent Agreement which incorporates F^X (661) 395-1349 the revisions which were discussed at our informal conference. PREVENTION SERVICES SAFE'F~ SERI~CEE ° ENYIRONMENTA~ SERlrlCE$ 17ts ChesterAve. Please si~n and return thc ori~nal and follow thc schedule for compliance Bakersfield, CA 93301 therein. VOICE (661) 326-3979 as FAX (661) 326-O576 PUBUC EDUCATION If you have any questions, please call me at 326-3979. 1715 Chester Ave. Bakersfield, CA 93301 Si ncerel ¥, VOICE (661) 326-3696 FAX (661) 326-0576 Ralph E. Hucy FIRE INVESTIGATION 1715 ChesterAve. Director of Prevention Services Bakersfield, CA 93301 VOICE (661) 326-3951 FAX (661) 326-0576 by: ' TRAINING5642 Victor ""SION Ave. Bakersfield, CA 93308 VOICE (661) 399-4697 FAX (661)399-5763 Howard H. Wines, III Hazardous Materials Specialist Registered Geologist No. 7239 Office of Environmental Services HHW/dc enclosure STATE OF CALIFORNIA CITY OF BAKERSFIELD CERTIFIED UNIFIED PROGRAM AGENCY In the Matter of: ) Docket No.: 2001-07 ) CLARK PEST CONTROL, INC. ) ORDER ON CONSENT AGREEMENT a California Corporation (C0278599) ) ) Health and Safety Code Section 25187 ) Respondent. ) ) INTRODUCTION 1.1. Parties. The Office of Environmental Services for the City of Bakersfield Fire Department, a Certified Unified Program Agency (CUPA) authorized by the Secretary of the California Environmental Protection Agency (Cai/EPA) to administer and enforce the Hazardous Substance Control Act in the City of Bakersfield, issues this Order on Consent Agreement (Order) to Clark Pest Control, a California corporation. 1.2. Site. Respondent generated, handled, treated, stored, and/or disposed of hazardous waste at the following site(s), including, but not limited to: 530 California Avenue, Bakersfield, California 93301. 1.3 (~enerator. The Respondent generated the following hazardous wastes: pesticide rinse water, a "listed" hazardous waste (California Waste Code Number 231) pursuant to Title 22 of the California Code of Regulations (CCR), Section 66261.126 Appendix XII (b). 1.4 Jurisdiction. Section 25187 of the Health and Safety Code (HSC) authorizes the CUPA to order action necessary to correct violations and assess a penalty when the CUPA determines that any person has violated specified provisions of the Health and Safety Code or any permit, rule, regulation, standard, or requirement issued or adopted pursuant thereto. DETERMINATION OF VIOLATIONS 2. The CUPA hereby determines that Respondent violated: 2.1 The Hazardous Waste Control Law {California Health and Safety Code section 25100, et seq, to wit: section 25189.5. Disposal, treatment or storage at, or transportation to, facilities without permits or at unauthorized points. On June 28, 2002, a hazardous waste generator inspection was conducted at the site for compliance with regulatory standards as well as assessing the potential for environmental contamination associated with the use of a floor drain in communication with discharge from an exterior sink used for mixing and rinsing pesticide containers. 2.2 On June 28, 2002, waste water samples were collected from the floor drain and sludge recently removed from the floor drain and from the discharge hose connected to the exterior pesticide mixing sink. 2.3 On July 14, 2002, laboratory results from the sample of waste water removed from the discharge hose from the exterior pesticide mixing sink confirmed that the waste is considered a hazardous waste in California, due to its aquatic toxicity, pursuant to Title 22 of the California Code of Regulations, section 66261.24(a)(6). SCHEDULE FOR COMPLIANCE 3. Based on the forgoing DETERMINATION OF VIOLATIONS, IT IS HEREBY ORDERED AND AGREED TO THAT: 3.1 Respondent shall immediately cease use of the exterior pesticide mixing sink and associated floor drain until a plumbing plan has been approved and implemented to ensure the waste discharge from the sink can be properly contained to prevent hazardous 2 waste from being discharged to the sewer and the floor drain has been determined to meet all applicable local regulatory requirements. Furthermore, Respondent shall make all necessary arrangements, including, but not limited to, written procedures for pesticide rinse water handling, documenting employee training in such procedures, and developing a plumbing plan to properly handle pesticide rinse water to prevent hazardous waste from being discharged from the exterior pesticide mixing sink into the floor drain to the sewer within thirty (30) days from the effective date of this Order. 3.2 S..ubmittals. A copy of the schedule for and description of the necessary arrangements to properly handle pesticide rinse water to prevent hazardous waste from being discharged to the sewer shall be Sent to the CUPA, in care of: Mr. Ralph Huey Director of Prevention Services City of Bakersfield 1715 Chester Avenue Bakersfield, California 93301 3.3 Communications. All approvals and decisions of the CUPA made regarding submittals and notifications will be communicated to Respondent in writing by the Director of Environmental Services, or his/her designee. No informal advice, guidance, suggestions, or comments by the CUPA regarding reports, plans, specifications, schedules, or any writings by the Respondent shall be construed to relieve Respondent of the obligation to obtain such formal approvals as may be required. For assistance on developing an approved plumbing plan, Respondent shall contact Mr. Eric Poore, Plumbing and Mechanical Specialist with the City of Bakersfield Building Department at (661) 326- 3798. For assistance on industrial waste water discharge limitations, Respondent shall contact Ms. Wen-Shi Cheung, Waste Water Supervisor with the City of Bakersfield Public Works Department at (661) 326-3249. 3 3.4 CUPA Review and Approval. If the CUPA determines that the schedule, written procedures, training documentation, plumbing plans and industrial waste water discharge limitations submitted for approval pursuant to this order fails to comply with the order or fails to protect public health or safety or the environment, the CUPA may: a. Modify the document as deemed necessary and approve the document as modified, or b. Return the document to Respondent with recommended changes and a date by which Respondent with recommended changes and a date by which Respondent must submit to the CUPA a revised document incorporating the recommended changes. 3.5 Compliance with Applicable Laws. Respondent shall carry out this Order in compliance with all local, State, and federal requirements, including but not limited to requirements to obtain permits and to assure worker safety. 3.6 Endangerment during Implementation. In the event that the CUPA determines that any circumstances or activity (whether or not pursued in compliance with this Order) are creating an imminent or substantial endangerment to the health or welfare of people on the site or in the surrounding area or to the environment, the CUPA may order Respondent to stop further implementation of this Order for such period of time as needed to abate the endangerment. Any deadline in this Order directly affected by a Stop Work Order under this section shall be extended for the term of the Stop Work Order. 3.7 Liability. Nothing in this Order shall constitute or be construed as a satisfaction or release from liability for any conditions or claims arising as a result of past, current, or future operations of Respondent...other than those violations alleged in section 2 of this order. Notwithstanding compliance with the terms of this Order, Respondent may be required to take further actions as are necessary to protect public health or welfare or 4 the environment. 3.8 Data and Document Availability. Respondent shall permit the CUPA and its authorized representatives to inspect and copy all sampling, testing, monitoring, and other data generated by Respondent or on Respondent's behalf in any way pertaining to work undertaken pursuant to this Order. Respondent shall allow the CUPA and its authorized representatives to take duplicates of any samples collected by Respondent pursuant to this Order. Respondent shall maintain a central depository of the data, reports, and other documents prepared pursuant to this Order. All such data, reports, and other documents. shall be preserved by Respondent for a minimum of three years after the conclusion of all activities under this Order. If the CUPA requests that some or all of these documents be preserved for a longer period of time, Respondent shall either comply with that request, deliver the documents to the CUPA, or permit the CUPA to copy the documents prior to destruction, 3.9 Government Liabilities. The City of Bakersfield shall not be liable for injuries or damages to persons or property resulting from acts or omissions by Respondent or related parties in carrying out activities pursuant to this Order, nor shall the City of Bakersfield be held as a party to any contract entered into by Respondent or its agents in carrying out activities pursuant to the Order. 3.10 Additional Enforcement Actions. By issuance of this Order, the CUPA does not waive the right to take further enforcement actions. 3.11 Incorporation of Plans and Reports. All plans, schedules, and reports that require CUPA approval and are submitted by respondent pursuant to this Order are incorporated in this Order upon approval by the CUPA. 3.12 Extension Request. If Respondent is unable to perform any activity or submit 5 any document within the time required under this Order, the Respondent may, prior to expiration of the time, request an extension of time in writing. The extension request shall include a justification for the delay. 3.13 Extension Approvals. If the CUPA determines that good cause exists for an extension, it will grant the request and specify in writing a new compliance schedule. 3.14 Penalties for Noncompliance. Failure to comply with the terms of this Order may also subject Respondent to costs, penalties, and/or punitive damages for any costs incurred by the CUPA or other government agencies as a result of such failure, as provided by the California Health and Safety Code (HSC) section 25188 and other applicable provisions of law. 3.15 Parties Bound. This Order shall apply to and be binding upon Respondent, and its officers, directors and agents, including but not limited to individuals, and upon the CUPA and any successor agency that may have responsibility for and jurisdiction over the subject matter of this order. PENALTY 4. The CUPA assesses a penalty of $ 6,717. Payment of the total penalty of $ 6,717 is due within thirty (30) days from the effective date of the Order. Respondent's check shall be made payable to City of Bakersfield, Certified Unified Program Agency, and shall identify the Respondent and Docket Number, as shown in the heading of this case. Respondent shall deliver the penalty payment to: Mr. Walter H. Porr, Jr. Deputy City Attorney City Attorney's Office City of Bakersfield 1501 Truxtun Avenue Bakersfield, California 93301 6 A photocopy of the check shall be sent to: Mr. Ralph Huey Director of Prevention Services City of Bakersfield 1715 Chester Avenue Bakersfield, California 93301 5. This Order is final and effective upon execution by the City and Respondent. 6. "Days" for purposes, of this Order means calendar days. Date of Issuance: August 13, 2002. _M_r.~al~ Date J;~rrector 6f~revention Services ~7'Clark P~st ContrOl, Inc. / Date JAI~S CLARK JR. PRESIDENT Typed or Printed Name of Respondent's Representative cc: Mr. Walter H. Porr, Jr. Deputy City Attorney City Attorney's Office City of Bakersfield 1501 Truxtun Avenue Bakersfield, CA 93301 7 i CLARK q IBIPEST ¢ONTROLIIBP' 530 California Avenue Bakersfield, California 93303 Phone (661) 325-7211 FAX (661) 325-1021 Ralph E Huey Director of Prevention Service Howard H. Wines 1ll Hazardous Materials Specialist Dear Gentlemen, Please consider this letter as a formal plan of compliance in regard to the action taken against Clark Pest Control, specifically the enforcement order dated August 5, 2002 and order on consent agreement dated August 14, 2002. On August 12, 2002 a meeting was held with the following parties attending: Bric Poor, Wen-Shi Cheung, and the Principles of Clark Pest Control, In this meeting the following actions and proceedures were agreed upon by all parties that should address and correct those violations found in the orders. 1. The two bin sink and water supply to same will be disconnected and removed. 2. Ail vehicles will be washed at commercial car washes only. 3. The drainage reservoir will be removed and all waste lines leading to same will be capped. The remaining void will be filled with concrete thereby sealing off any possible runoff into the sewer system. 4. Permits will be obtained and disposal of the cement reservoir will be transported to the proper disposal site. 5. Strict adherance to the exisiting rinsing procedure will be maintained (enclosed): all technicians and supervisors are signatory to same and are standard training procedures in this branch. Any further recommondations outside my understanding of these orders will be given my top priority. Bids have been received and work will begin as soon as all matters are expedited. Enclosed: 1. Rinsing Procedures 2. Copy of check to : Walter Poor Jr. (Deputy District Attorney) -"- CLARK ·,."PEST CONTItOLnnn ' 530 California Avenue Bakersfield, California 93303 Phone (661) 325-7211 FAX (661) 325-1021 R 'qS]NG All containers under 28 gallons, must be rinsed at the time of use, unless they are returned to the registrant or the pesticide is not diluted during use. There are two rinsing procidures. Follow one of them to ensure you have properly rinsed containers. Procedure #1: 1. For containers smaller than 5 gallons, use enough water to fill the container 1/4 full. For larger containers, use enough water to fill it one-fifth full. 2. Put the appropriate amount of water into the container,. Close the container securely and agitate. 3. Drain the solution into the 50 gallon tank on baCk of spray rig. Allow the container to empty completely. 4. Repeat steps 1-3 a minimum of 2 more times. prOcedure # 2: 1. Turn the empty container over and place the opening over a nozzle. This nozzle must be located in the opening of the 50 gallon tank on back of spray rig so the liquid will drain into the tank. The nozzle must be 'able to rinse all inner surfaces of the container. 2...Turn the nozzle on and rinse until the water coming from the container is clear. Use a minimum of 1/2 the container volume of water. EHPLO~q~;E*S S1G-I~IUI~ SUPERVISOR~S SIGI~'I'URE BAKERSFIELD FIRE DEPARTMENT ~ OFFICE OF ENVIRONMENTAL SERVICES PRELIMINARY INVESTIGATION REPORT / Prepared by: ,4~Howard H. Wines, III Hazardous Materials Specialist Registered Geologist No. 7239 File Name: S:\CORRESPONDENCE\2002-08\Clark Prelim Inv. Rpt.wpd Report Date: August 5, 2002 Incident: Docket No. 2002-07 Location: Clark Pest Control 530 California Ave. Incident Date: June 28, 2002 Violation: Section 25189.5. Disposal, treatment or storage at, or transportation to, facilities without permits or at unauthorized points. Statute: California Health and Safety Code, Chapter 6.5 Penalty: $10,500 Suspect -1: James F. Clark, Jr., primary co-owner ,'~ Witness -1: Tim Ryan, Industrial Waste Inspector Witness -2: April West, Industrial Waste Inspector Narrative: See attached. Administrative Enforcement Action - Clark Pest Control Preliminary Investigation Report Page 2 Penalty Calculation Pursuant to Title 22 of the California Code of Regulations Actual or Potential Harm: Waste pesticide residue is considered a "Moderate" actual or potential harm. (66272.63(b)(2)(B)) Extent of Deviation: Illegal disposal is considered a "Major" violation. The disposal requirement was completely ignored. (66272.63(c)(2)(A)) Initial Base Penalty: $10,500 (66272.63(d)) Additional Penalties: N/A. One-time incident. One day of violation. (66272.63(e)) Intent (before the fact): N/A. (66272.64(a)) Total Base Penalty: $10,500 Adjustment Factors:. (66272.64(b)) Cooperation and Effort: Multiplier (0.75 to 1.0) (66272.65(a)) $10,500 Standard Cooperation (1.0) Prophylactic Effect: Multiplier (0.5 to 2.0) (Neutral Effect = 1) $10,500 Economic Benefit: Avoided proper disposal costs. Responsible party shall be required to properly clean waste water sump and submit for re-inspection by Building and Public Works Departments to determine if the sump structure meets plumbing and Mechanical Code requirements. Ability to Pay: N/A. (N/A) Final Adjusted Penalty: $10,500 NARATIVE OF INVESTIGATION: On Friday, June 28, 2002, at approximately 14:15 hrs, I entered Clark Pest Control Office accompanied by Tim Ryan and April West, Industrial Waste Inspectors. I introduced myself to the receptionist and informed her that we were there to conduct an inspection. The receptionist called Keith MC KENZIE, Quality Assurance Director, to come up front to meet with us. After explaining the nature of the inspection to McKenzie, he then referred us to Joe VALENZUELA, Shop Forman, who led the Industrial Waste Inspectors to the floor drain sump. At this point, I asked McKenzie if he could sign a Consent for Administrative Inspection form so that we may have permission to obtain samples and take photographs. McKenzie said he would call the owner, Jim CLARK, to come down and sign the form himself. McKenzie made the call to Clark and informed me that Clark was having lunch at Uriccio's which is across the street from the Clark corporate offices located at 1700 K St. During the time I was waiting for Clark to arrive, I rejoined the Industrial Waste Inspectors who were examining the floor drain. The drain is located inside an exterior shed on the north side of the shop building. There is a stainless steel sink attached to the north side of the shed. A 2" diameter hard rubber hose connected to the sink drain terminates at ground level where the drainage runs out and flows through under a gap beneath the shed wall to the floor drain inside. Two partly filled pesticide containers were observed in the sink, along with an empty container which had been cut in haiti A drum of empty, cut-in-half, pesticide containers were stored inside the shed. An open top 5-gallon pail of waste sludge was also inside the shed. Mr. Clark drove up and I introduced the inspection team and asked him to sign the Consent form, which he did. The Industrial Waste Inspectors then obtained a composite sample from the floor drain and the pail containing sludge (Sample #I), and a second sample from the discharge hose from the stainless steel sink (Sample #2). A dye was added to the floor drain and the nearest sewer manhole was opened to observe the dye passing from the floor drain into the sewer, which was confirmed as being connected to the sewer. Valenzuela said the floor drain had been clogging up, and that material had been recently removed and placed in the pail. A discussion then ensued between Clark and Valenzuela about why the waste sludge had not yet been disposed. Valenzuela told Clark that he thought disposal cost might be several hundred dollars. Clark responded, "If that's all it costs, go ahead and pay it." A chain of custody was completed for the samples and I directly transported the samples to BC Laboratory, a State Certified lab for hazardous waste analysis. The laboratory results indicate that the material in the discharge hose from the stainless steel sink qualified as a hazardous waste in California due to its aquatic toxicity. NO FURTHER INFORMATION AT THIS TIME. .-,~ California Business Search Page I of I DISCLAIMER: The information displayed here is current as of AUG 02, 2002 and is updated weekly. It is not a complete or certified record of the Corporation. Corporation CLARK PEST CONTROL, INC. Number: C0278599 ]lDate Filed: 9/28/1953 [[Status: active Jurisdiction: California [ Mailing Address PO BOX 2466 BAKERSFIELD, CA 93303 Agent for Service of Process JAMES F CLARK, JR 530 CALIFORNIA AVE IBAKERSFIELD, CA 93304 For information about certification of corporate records or for additional corporate information, please refer to Corporate Records. If you are unable to locate a corporate record, you may submit a request to this office for a more extensive search. Fees and instructions for requesting this search are included on the Corporate Records Order Form. Blank fields indicate the 'information is not contained in the computer file. If the status of the corporation is "Surrender", the agent for service of process is automatically revoked. Please refer to California Corporations Code Section 2114 for information relating to service upon corporations that have surrendered. http://kep~er.ss.ca.g~v/c~rpdata/Sh~wA~~List?QueryC~rpNumber=C~278599&printer=yes 8/5/2002 ~ ~'~ FNVOICE NO 159074 II~~. Page 1 of 1 Client Copy 3.3. E~lin, R¢~. Chem. En~r. 4100 Atlas Court. Bakersfield, California 93308 Phone (661) 327-491 I; Fax (661) 327-1918 Client No. Invoice Date: 08/01/2002 CITY OF BAKERSFIELD Lab Number: 02-06657 1715 CHESTER SUITE 300 Submitted On: 06/28/2002 Attn: R.E. ~UJEY 326-3979 Submitted By: CITY OF B~ERSFIELD BAKERSFIELD, CA 93301 Payment Due: 08/31/2002 Terms: Net 30 days Quanlity Description of Service Dept. Unit Amount 1 CLARK, 0206281-1, 06/28/2002, A. WEST, T. RYAN 2 CLARK, 0206281-2, 06/28/2002, A. WEST, T. RYAN 1TB CLARK, TRAVEL BLAlqK, 06/28/2002, A. WEST, T. RYAN ORGANICS: EPA 525 - Acid Extractable and Base 1 Neutral Organics (Sample 1TB) 205 150.00 150.( ORGANICS: EPA 525 - Acid Extractable and Base 1 Neutral Organics (Sample 1) 205 275.00 275.( OUTSIDE SERVICES: Aquatic' Toxicity - (Samples 1, 2 2) 209 250.00 500.( TOTAL: 17-Metals (Sb, As, Ba, Be, Cd, Cr, Co, Cu, Pb, Hg, Mo, NJ, Se, Ag, T1, V, Zn) -.(Samples 1, 2 2) 207 300.00 600.( DISPOSAL CHARGES DISPOSAL CF~ARGES (2 samples ~ 5.00 each) 212 10.( $1535.( Please refer to the invoice number above when making your payment, This is your invoice - We do not itemize again CITY OF BAKERSFIELD DEPARTMENT OF PUBLIC WORKS - WASTEWATER DIVISION Clark Pest Control - Alleged illegal disposal/discharge of pesticide/pesticide residue PROJECT: to City Sewer. (6/28/02) NON.SAFETY GROUP DIRECT LABOR COST INDUSTRIAL WASTE INSPECTOR Regular Hours Worked 28.5 Hrs. @ $22.37 Per Hour = $637.57 Overtime Hours Worked 2 Hrs. @ $33.56 Per Hour = $67.11 TEMP INDUSTRIAL WASTE INSPECTOR Regular Hours Worked 4 Hrs. @ $17.11 Per Hour = $68.44 Overtime Hours Worked 0 Hrs. @ $25.67 Per Hour = $0.00 Regular Hours Worked 0 Hrs. @ $0.00 Per Hour = $0.00 Overtime Hours Worked 0 Hrs. @ $0.00 Per Hour = $0.00 SUBTOTAL DIRECT LABOR: $773.13 FRINGE BENEFITS: $309.25 TOTAL COST~ DIRECT LABOR & FRINGE BENEFITS~ IN NON-SAFETY GROUP - - $1t082.38 COST OF MATERIALS USED Film Development I UNIT @ $12.93 Per UNIT = $12.93 0 UNIT @ $0.00 Per UNIT = $0.00 $12.93 TOTAL TAX $0.00 TOTAL COST FOR MATERIAL USED. $12.93 GENERAL SUPERVISORY GROUP PRETREATMENT/REVENUE SUPERVISOR Regular Hours Worked I Hrs. @ $28.66 Per Hour = $28.66 Overtime for Supervisory Group is SUBTOTAL DIRECT LABOR: $28.66 always at regular wages, except on FRINGE BENEFITS: $10.32 Holidays. TOTAL COST~ DIRECT LABOR & FRINGE BENEFITS~ IN SUPERVISORY GROUP $38.98 INTERNAL RENTAL COST OF CITY EQUIPMENT Cargo Van (4245) 3 Hrs. @ $5.09 Per Hour = $15.27 Dodge Van (4458) 0 Hrs. @ $1.93 Per Hour = $0.00 Ford Ranger (4819) 0 Hrs. @ $2.38 Per Hour = $0.00 Isco Sampler 0 days @ $0.00 Per Day = $0.00 Sigma Sampler 0 days @ $5,05 Per Day = $0.00 Misc Equip (describe) 0 Hrs. @ $0.00 Per Hour = $0.00 TOTAL: $15.27 TOTAL COST FOR CITY EQUIPMENT USA GE ...... $15.27 TOTAL COST FOR LABOR, FRINGE BENEFITS AND CITY EQUIPMENT USAGE .... $1,136.62 DEPARTMENTAL AND CITY OF BAKERSFIELD TOTAL OVERHEAD COST- .... $250.06 TOTAL COST FOR MA TERIAL USED $12.93 TOTAL COST OF PROJECT = $1,399.61 C:~temp~ Cost Recov Clark6-28-O2.xls ete items 1, 2, and 3. Also complete A. Received by (Please Print Clearly) B. Date of Delivery Restricted Delivery is desired. · Print your name and address on the reverse I igr~tu so that we can return the card to you. C. S re · Attach this card to the back of the mailpiece, Agent I or on the front if space permits. . , _ _ , ssee D. ISlf YES' enter delivery add~"~'/e~Sw: Au~'~delivery address different c/o Clark Pest Control P.O. Box 2~66 Bakersfield, CA 93303 , 3. Service Type [] Certified Mail [] Express Mail ,Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. ~. 4. Restricted Delivery? (Extra Fee) [] Yes 7001 0360 0002 5244 7230 3811, July 1999 Domestic Return Receipt 102595-00-~1-0952 UNITED STATES POSTAL SERVICE UsPsP°stageFirst-Class FeWidI& Permit No. G-I~" I · Sender: Please print your name, address, and ZIP+4 in this box ° BAKERSFIELD FiRE DEPARTMENT OFFICE OF ENWRON~ENTAL SERVICES 1715 Chester Avenue, Su~ 300 i~kersfjek:l, CA Postage $ ,ru u'3 Certified Fee rU Return Rece,pt Fee P°l~temmark ' r--I (Endomement Required) --'mm[~ Clark .Ir. e/o Clark Pest ~ i'~i;~;;~':~r'~'~:; ............................................................................ ~1°r''°''°x~°, P.O. Certified Mail Provides: · A mailing receipt · A unique identifier for your mailpiece · A signature upon de{ivery · A record of delivery kept by the Posta. I Service for two years Important Reminders: · Certified Mail may ONLY be combined with First-Class Mail or Priority Mail. · Certified Mail is not available for any class of international mail. · NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables, please consider Insured or Registered Mail. · For an additional fee a Return Receipt may be requested to provide proof of delivery. To obtain Return Receipt service, please comp ete and attach a Return Receipt (PS Form 3811) to the article and add applicable postage to cover the fee. Endorse ma Ip ece "Return Receipt Requested". To receive a fee waiver for a duplicate return receipt, a USPS postmark on your Certified Mail rece pt is required, · For an add tona fee delivery may be restricted to the addressee or addressee's authorized agent. Advise the c erk or mark the mailpiece with the endorsement "Restricted Delivery". · If a postmark on the Certified Mail receipt is desired, please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mall receipt is not needed, detach and affix label with postage and mail. IMPORTANT: Save ti~1~ ~e~'eip~ and present it when making an inquiry. · PS Form 3800, January 2001 (Reverse) i 102595-01oMol 047 August5,2002 Agent for Service of Process: FIRE CHIEF RON F~.E James F. Clark, Jr., President ~ Clark Pest Control, Inc. ADMINISTRATIVE SERVICES 2101 "H' Street P.O. Box 2466 Bakersfield, CA 93301 Bakersfield, CA 93303 VOICE (661) 326-3941 FAX.(661) 395-1349 CLARE PEST CONTROL, INC., DOCKET NO.: 2002-07 SUPP~RESSION SERVICES 2101 'H' Street Bakersfield, CA 93301 VOICE (661) 326-3941 FAX (661)395-1349 To whom it may concern: PREVENTION SERVICES .~ s,~msE,~,.~,,,.,~,,,,...,.s,,,~,~s Enclosed please find an Enforcement Order and related documents 1715 Chester Ave. Bakersfield, CA 93301 concerning violations of Chapter 6.5 of Division 20 of the California Health VOICE (661)326-3979 and Safety Code. This Enforcement Order pertains to the illegal disposal of FAX (661) 3260576 hazardous waste from the exterior pesticide mixing sink and does not PUBLIC EDUCATION preclude this Office from taking additional enforcement and compliance 1715 Chester Av~. Bakersfield. CA 93301 action. VOICE (661) 326~3696 FAX (661) 326-0576 As indicated in the enclosures, you have a right to a hearing. Whether or not FIRE INVESTIGATION you choose to pursue an appeal, you are encouraged to explore the possibility 1715 Chester Ave. Bakersfield, CA 93301 of settlement at an Informal Conference to be held on Tuesday, August 13, VOICE (661)326-3951 2002 at 10:00 am in this office by contacting me at 1715 Chester Avenue, FAX (661) 326-0576 Suite 300, Bakersfield, CA 93301, telephone (661) 326-3979. TRAINING DIVISION 5642 Victor Ave. o, ,.),°:ncere"', Bakersfield, CA 93.308 VOICE (661) 399-4697 FAX (661) 399-5763 ~~.~.. Ralph E. Huey Director of Prevention Services Enclosures Certified MailNo.: '7~£i £i5~ £('~. b2qq- ACKNOWLEDGMENT OF RECEIPT Without admitting the violations, I acknowledge receipt of this Enforcement Order, Statement to Respondent, Certification of Compliance form, and two copies of the form entitled Notice of Defense. DATED: Signature Print Name and Title S:\CORRESPONDENCE~2002-08~EnforcementOrder(Clark).wpd ACKNOWLEDGMENT OF RECEIPT Without admitting the violations, I acknowledge receipt of this Enforcement Order, Statement to Respondent, Certification of Compliance form, and two copies of the form en{itled Notice of Defense. DATED: ~,- ~ :2- ,,' Pdnt Name and Title S:~CORRES PONDENCE~2002-08~EnforcementOrder(Clark).wpd ~' : August5,2002 Agent for Service of Process: FIRE CHIEF RON FRAZE James F. Clark, Jr., President ADMINISTRATIVE SERVICES Clark Pest Control, Inc. 2101 "H" Street P.O.' Box 2466 Bakersfield, CA 93301 Bakersfield, CA 93303 VOICE (661) 326-3941 FAX (661) 395-1349 CLARK PEST CONTROL, INC., DOCKET NO.: 2002-07 SUPPRESSION SERVICES 2101 "H" Street Bakersfield, CA 93301 VOICE (661)326-3941 ~ · "' '* ' FAX (661) 395-1349 .,To~,whom it may concern: PREVENTION SERVICES ,,..sA,msE~c.s.....o.,~.,,~s...c.s Enclosed please find an Enforcement Order and related documents 1715 Chester Ave. Bakersfield, CA 93301 concerning violations of Chapter 6.5 of Division 20 of the California Health VOICE (661) 326-3979 and Safety Code. This Enforcement Order pertains to the illegal disposal of FAX (661) 326-0576 hazardous waste from the exterior pesticide mixing sink and does not PURUC EDUCA'nON preclude this Office from taking additional enforcement and compliance 1715 Chester Ave. Bakersfield, CA 93301 action. VOICE (661) 326-3696 FAX (661) 326-0576 As indicated in the enclosures, you have a right to a hearing. Whether, or not FIRE INVESTIGATION you choose to pursue an appeal, you are encouraged to explore the possibility 1715 Chester Ave. Bakersfield, CA93301 of:settlement at an Informal Conference to be held on Tuesday, August 13, VOICE (661)326-3951 2002 at 10:00 am in this office by contacting me at 1715 Chester Avenue, FAX (661) 326-0576 Suite 300, Bakersfield, CA 93301, telephone (661) 326-3979. TRAINING DIVISION 5642 Victor Ave. Bakersfield, CA 93308 Sincerely, VOICE (661) 399-4697 FAX (661) 399-5763 Ralph E. Huey Director of Prevention Services Enclosures Certified Mail No.: '7/5'c./ '~ '~ STATE OF CALIFORNIA CITY OF BAKERSFIELD CERTIFIED UNIFIED PROGRAM AGENCY In the Matter of: ' ' ) Docket No.: 2002-07 ) · CLARK PEST CONTROL, INC. ) STATEMENT TO RESPONDENT a California Corporation (C0278599) ) ) Enforcement Order ) ) ) Respondent. ) .) TO THE ABOVE.RESPONDENT: An Enforcement Order ("Order") is attached to this statement and is hereby served upon 'you. The Order has been filed by the City of Bakersfield, Certified Unified Program Agency ("CUPA"). Unless a written request for a hearing signed by you or on your behalf is delivered or mailed to CUPA within fifteen (15) days after you have received a copy of the Order, you will be deemed to have waived yours, right to a hearing in this matter. If you do not file a timely hearing request, the Order becomes final automatically. The request for a hearing may be made by delivering or' mailing one copy of the enclosed form entitled "Notice of Defense" or by delivering or mailing a Notice of Defense as provided in Section 11506 of the Government Code to: Mr. Walter H. Porr, Jr. Deputy City Attorney City Attorney's Office City of Bakersfield 1501 Truxtun Avenue Bakersfield, California 93301 Telephone: (661) 326-3721 The enclosed Notice of Defense, if signed and filed with CUPA, is deemed a specific denial of all parts of the Order, but you will not be permitted to raise any objection to the form of the Order unless you file a further Notice of Defense as provided in Section11506 of the Government Code within fifteen (15) days after service of the Order upon you. If you file a Notice of Defense within the time permitted, a hearing on the allegations made in the Order will be conducted by the Office of Administrative Hearings of the Department of General Services in accordance with the procedures specified in Health and Safety Code section 25187 and Government Code sections 11507, et seq. The hearing may be postponed for good cause. If.you have good cause, you must nOtify CUPA wit.h, in,ten(i0) working days after you discover the good cause. Failure to notify CUPA within ten (10) working days will deprive you of a postponement. Copies of Government Code Sections 11507.5, 11507.6 and 11507.7 are attached. If you deSire the names and addresses of witnesses or an opportunity to inspect and copy items in possession, custody or control of CUPA, you may contact: Mr. Walter H. Porr, Jr. Deputy City Attorney CitY Attorney's Office City of Bakersfield 1501 Truxtun Avenue Bakersfield, California 93301 Telephone: (661) 326-3721 Whether or not you have a hearing, you may confer informally with CUPA to discuss the alleged facts, determinations, corrective actions and penalty. An informal conference does not, however, postpone the fifteen (15) day period you have to request a hearing on the Order. An informal conference may be pursued simultaneously with the hearing process. 2 You may, but are not required, to be represented by counsel at any or all stages of these proceedings. INFORMAL CONFERENCE If you wish to discuss this matter with CUPA, an Informal Conference has been scheduled for: Date: Tuesday, August 13, 2002 Time: 10:00 AM Location: Office of Environmental Services 1715 Chester Avenue Bakersfield, California 93301 ..... (661) 326-3979 You may'inform CUPA at the conference whether you wish to pursue a formal hearing or waive your right to a formal hearing, as explained below. FORMAL HEARING RIGHTS YOU MUST FILE A WRITTEN REQUEST FOR A HEARING WITHIN FIFTEEN (15) DAYS IF YOU WISH TO HAVE A FORMAL HEARING. S:\CORRESPONDENCE~002-08~StatementToRespondent(Clark).wpd 3 STATE OF CALIFORNIA CITY OF BAKERSFIELD CERTIFIED UNIFIED PROGRAM AGENCY In the Matter of: ~ ': ) Docket No.: 2002-07 ) CLARK PEST CONTROL; INC. ) NOTICE OF DEFENSE a California Corporation (C0278599) ) ) Health and Safety Code Section 25187(d) ) Respondent. ) ,) I, the undersigned Respondent, acknowledge receipt of a copy of the Enforcement Order, Statemen.t t0· Respondent, Government Code. sections 11507.5, 11507.6 and 11507.7, and two copies of this Notice of Defense. I request a hearing to permit me to present my defense to the allegations contained in the Enforcement Order. Dated: (Signature of Respondent) Please Type or Print the Name and Mailing Address of Respondent (Name) (Street Address) (City) (State) (Zip) (Telephone Number) S:~CO RRES PONDENCE~002-O8\NoticeofDefense(Clark).wpd STATE OF CALIFORNIA CITY OF BAKERSFIELD CERTIFIED UNIFIED PROGRAM AGENCY In the Matter of: ) Docket No.: 2001-07 ) CLARK PEST CONTROL, INC. ) ENFORCEMENT ORDER a California Corporation (C0278599) ) ) Health and Safety Code Section 25187 ) Respondent. ) ) INTRODUCTION 1.1. Parties. The Office of Environmental Services for the City of Bakersfield Fire Department, a Certified Unified .Program Agency (CUPA) authorized by the Secretary of the California Environmental Protection Agency (Cai/EPA) to administer and enforce the Hazardous Substance Control Act in the City of Bakersfield, issues this Enforcement Order (Order) to Clark Pest Control, a California corporation. 1.2. Site. Respondent generated, handled, treated, stored, and/or disposed of hazardous waste at the following site(s), including, but not limited to: 530 California Avenue, Bakersfield, California 93301. 1.3 Generator. The Respondent generated the following hazardous wastes: pesticide rinse water, a "listed" hazardous waste (California Waste Code Number 231) pursuant to Title 22 of the California Code of Regulations (CCR), Section 66261.126 Appendix Xll (b). ' 1.4 Jurisdiction. Section 25187 of the Health and Safety Code (HSC) authorizes the CUPA to order action necessary to correct violations and assess a penalty when the CUPA determines that any person has violated specified provisions of the Health and Safety Code or any permit, rule, regulation, standard, or requirement issued or adopted pursuant thereto. DETERMINATION OF VIOLATIONS 2. The CUPA hereby'determines that Respondent violated: 2.1 The Hazardous Waste Control Law (California Health and Safety Code section 25100, et seq, to wit: section 25189.5. Disposal, treatment or storage at, or transportation to, facilities without permits or at unauthorized points. On June 28, 2002, a hazardous waste generator inspection was conducted at the site for compliance with regulatory standards as well as assessing the potential for environmental contamination aSsociated with the 'Use of a floor drain in communication with discharge from an exterior sink used for mixing and rinsing pesticide containers. .. 2.2 On June 28, 2002, waste water samples were collected from the floor drain and sludge recently removed from the floor drain and from the discharge hose connected to the exterior pesticide mixing sink. 2.3 On July 14, 2002, laboratory results from the sample of waste water removed from the discharge hose from the e~.erior pesticide mixing sink confirmed that the waste is considered a hazardous waste in California, due to its aquatic toxicity, pursuant to Title 22 of the California Code of Regulations, section 66261.24(a)(6). SCHEDULE FOR COMPLIANCE 3. Based on the forgoing DETERMINATION OF VIOLATIONS, IT IS HEREBY ORDERED AND AGREED TO THAT: 3.1 Respondent shall immediately cease use of the exterior pesticide mixing sink and associated floor drain until a plumbing plan has been approved and implemented to 2 ensure the waste discharge from the sink can be properly contained to prevent hazardous waste from being discharged to the sewer and the floor drain has been determined to meet all applicable local regulatory requirements. Furthermore, Respondent shall make all necessary arrangements, including, but not limited to, written procedures for pesticide rinse water handling, documenting employee training in such procedures, and developing a plumbing plan to properly handle pesticide rinse water to prevent hazardous waste from being discharged from the exterior pesticide mixing sink into the floor drain to the sewer within thirty (30) days from the effective date of this Order. 3.2 Submittals. A copy of the schedule for and description of the necessary arrangements to. proPerly handle pesticide rinse water to prevent hazardous waste from being discharged to the sewer shall be sent to the CUPA, in care of: ~ Mr. Ralph Huey Director of Prevention Services City of. Bakersfield 1715 Chester Avenue ' Bakersfield, California 93301 3.3 Communications. All approvals and decisions of the CUPA made regarding submittals and notifications will be communicated to Respondent in writing by the Director of Environmental Services, or his/her designee: No informal advice, guidance, suggestions, or comments by the CUPA regarding reports, plans, specifications, schedules, or any writings by the Respondent shall be construed to relieve Respondent of the obligation to obtain such formal approvals as may be required. For assistance on developing an approved plumbing plan, Respondent shall contact Mr. Eric Poore, Plumbing and Mechanical Specialist with the City of Bakersfield Building Department at (661) 326- 3798. 3.4 CUPA Review and Approval. If the CUPA determines that the schedule, written procedures, training documentation and plumbing plans submitted for approval pursuant to this order fails to comply with the order or fails to protect public health or safety or the environment, the CUPA may: a. Modify the document as deemed necessary and approve the document as modified, or b. Return the document to Respondent with recommended changes and a date by which Respondent with recommended changes and a date by which Respondent must submit to the CUPA a revised document incorporating the recommended changes. 3.5 Compliance with Applicable Laws. Respondent shall carry out this Order in compliance with all local, State, and federal requirements, including but not limited to requirements to obtain permits and to assure worker safety. 3.6 Endangerment during Implementation. In the event that the CUPA determines that amjcircumstances or activity (whether or not pursued in compliance with this Order) are creating an imminent or substantial endangerment to the health or welfare of people on the site or in the surrounding area or to the environment, the CUPA may order Respondent to stop further implementation of this Order for such period of time as needed to abate the endangerment. Any deadline in this Order directly affected by a Stop Work Order under this section shall be extended for the term of the Stop Work Order. 3.7 Liability. Nothing in this Order shall constitute or be construed as a satisfaction or release from liability for any conditions or claims arising as a result of past, current, or future operations of Respondent...other than those violations alleged in section 2 of this order. Notwithstanding compliance with the terms of this Order, Respondent may 4 be required to take further actions as are necessary to protect public health or welfare or the environment. $.8 Data and Document Availability. Respondent shall permit the CUPA and its authorized representatives.to inspect and copy all sampling, testing, monitoring, and other data generated by Respondent or on Respondent's behalf in any way pertaining to work undertaken pursuant to this Order. Respondent shall allow the CUPA and its authorized representatives to take duplicates of any samples collected by Respondent pursuant to this Order. Respondent shall maintain a central depository of the data, reports, and other documents prepared pursuant to this Order. All such data, reports, and other documents shall be preserved bYRespondent for a minimum of three years after the conclusion of all activities under this Order. If the CUPA requests that some or all of these documents be preserved for a longer period of time, Respondent shall either comply with that request, deliver the documents to the CUPA, or permit the CUPA to copy the documents prior to destruction. 3.9 Government Liabilities. The City of Bakersfield shall not be liable for injuries or damages to persons or property r~esulting from acts or omissions by Respondent or related parties in carrying out activities pursuant to this Order, nor shall the City of Bakersfield be held as a party to any contract entered into by Respondent or its agents in carrying out activities pursuant to the Order. 3.10 Additional Enforcement Actions. By issuance of this Order, the CUPA does not waive the right to take further enforcement actions. 3.11 Incorporation of Plans and Reports. All plans, schedules, and reports that require CUPA approval and are submitted by respondent pursuant to this Order are 5 incorporated in this Order upon approval by the CUPA. 3.12 Extension Request. If Respondent is unable to perform any activity or submit any document within the time required under this Order~ the ReSpondent may, prior to expiration of the time, request an extension of time in writing. The extension request shall include a justification for the delay. 3.13 Extension Approvals. If the CUPA determines that good cause exists for an extension, it will grant the request and specify in writing a new compliance schedule. 3.14 Penalties for Noncompliance. Failure to comply with the terms of this Order may also subject Respondent to costs, penalties, and/or punitive damages for any costs incurred by the cUPA or other government agencies as a result of such failure, as provided by the California Health and Safety Code (HSC) section 25188 and other applicable provisiOns of law. 3.15 Parties Bound. This Order shall apply to and be binding upon Respondent, and its officers, direbtors and agents, including but not limited to individuals, and upon the CUPA and any successor agency that may have responsibility for and jurisdiction over the subject matter of this order. ~ PENALTY ~· 4. The CUPA assesses a penalty of $10,500. Payment of the total penalty of $1'0,500 is due within thirty (30) days from the effective date of the Order. Respondent's check shall be made payable to City of Bakersfield, Certified Unified Program Agency, and shall identify the Respondent and Docket Number, as shown in the heading of this case. Respondent shall deliver the.penalty payment to: Mr. Walter H. Porr, Jr. Deputy City Attorney 6 City Attorney's Office City of Bakersfield 1501 Truxtun Avenue Bakersfield, California 93301 A photocopy of the check shall be sent to: Mr. Ralph Huey Director of Prevention Services City of Bakersfield 1715 Chester Avenue Bakersfield, California 93301 5. This Order is final and effective upon execution by the City and Respondent. 6. "Days" for purposes of this Order means calendar days. Date of Issuance: August 5, 2002. Mr..R'~I~ Date Director of Prevention Services City of Bakersfield Clark Pest Control, Inc. ',~ Date Typed or Printed Name of Respondent's Representative cc: Mr. Walter H. Porr, Jr. Deputy City Attorney City Attorney's Office City of Bakersfield 1501 Truxtun Avenue Bakersfield, CA 93301 7 STATE OF CALIFORNIA CITY OF BAKERSFIELD CERTIFIED UNIFIED PROGRAM AGENCY In the Matter of: ) Docket No.: 2002-07 ) CLARK PEST CONTROL, INC. ) NOTICE OF DEFENSE a California Corporation (C0278599) ) ) Health and Safety Code Section 25187(d) ) ) Respondent. ) .) I, the undersigned Respondent, acknowledge receipt of a copy of the Enforcement Order, Statement to., Respondent, Government Code sections 11507.5, 11507.6 and 11507.7, and two copies of this Notice of Defense. .. ~1 request a hearing to permit me to present my defense to the allegations contained in the Enforcement Order. Dated: ' (Signature of Respondent) ! Please Type or Print the Name and Mailing Address of Respondent (Name) (Street Address) (City) (State) (Zip) (Telephone Number) S:~,CORRESPONDENCE~002-O8\NoticeofDefense(Clark).wpd Section 11507.S. EXclusivity of discover~ provisions The provisions'off Section 11507.6 provide the exclusive r£ght to and method of discovery as to any proceeding governed by this chapter. Section 11507.4. Re~ues~ for discover~ After ini~iation of a proceeding in which a respondent or' other party is entitled to a hearing on ~he merits, a pa~c¥, upon written request' made to another party, prior to ~he hearing and within 30 days after service by 2he agency of the initial pleading or within 15 days after such service of an additional pleading, is entitled to (1) obtain ~.he names and addresses of witnesses to th~ 'exten2 known to the other party, including, bu2 not limited to, those intended ~o be called to testify at the hearing, and (2) inspect and make a copy of any of the following in the possession or custody or under ~he control of the other par~y:' " (a) A statement of a person, other than the respondent, named in the initial administrative pleading, or in any additional plea4ing, when it is claimed that the act or omission of the respondent as to such person is the basis for the administrative proceeding; (b) A statement pertaining to the subject matter of the proceeding made, by any party;~o another party or person; (c) Statements of witnesses then proposed to be called by' the party'and of other persons having personal knowledge of the acts, omissions or events which are the basis for the proceeding, not included in (a) or (b) above; (d) Ail writings, including,.'but not limited to, reports of mental, physical and blood examinations and things which the party then proposes to offer in evidence; (e) Any other writing or thing which is relevant and which would be admissible in evidence~ 5 agency or o~her parry pertaining to the subject matter of the proceeding, to the extent that such reports (1) con=aim =he names and addresses of wi=messes or of persons having personal knowledge of the ac=s, omissions or events which are the basis for =he proceeding, or (2) reflect matters perceived by the investigator in the course of his or her investigation, or (3) con=aim or include by attachment any statement or writing described in (a) to (e),' inclusive, or summary thereof. For the purpose of this.sec=ion, "statements" include writ=em statements by the person signed or otherwise authenticated by him or her, stenographic, mechanical, electrical or other recordings, or transcripts thereof, of oral statements by the person, and written reports or summaries of such oral statements. Nothing in ~h~s section shall authorize the inspection or copying of.any writing or ~hing which is privileged from disclosure by law or o~he~ise made confidential or protected as =he a==orney*s work product. (g) In. any:proceeding under Su~ivision (i) or (j) of Section 1294.0,"or Section 19572 or 19702, alleging conduct which cons=itu=es sexual harassment, sepal assault, evidence of specific ins=antes of a complainant's sepal conduct with individuals o~er than ~e alleged perpetrator' is not discoverable unless i~ is ~o b~'offered at a hearing to atta~ the credibility of~e complainant as provided for under su~ivision (j) of Section 11513. This su~ivision is intended only ~o limit the scope of discovery; i~ is not intended to effect the methods of discovery'allowed under this section. Section 11507.7. Petition to compel discovery; Order; Sanctions : (a) Any party claimin~ his request for discovery pursuant to Section 11507.6 has not been complied with may serve and file a verified petition to compel discoverY in the superior court for the county in which the administrative hearing will be held, naming as respondent the party refusing or failing to comply with Section 11507.6'. The petition shall state facts showing the respondent party failed or refused to comply with Section 11507.6, a description of the matters sought to be discovered, the reason or reasons why such matter is discoverable under this sec=ion, and the ground or grounds of respondentfs refusal so far as known to petitioner. (t/93) (b) The petition shall be served upon respondent party and filed within 15 days after the respondent party first evidenced his failure or refusal to comply with Section. 11507.6 or within 30 days after request was made and the party has failed to reply =o the request, whichever period is longer. However, no may be filed within 15 days of the date set for commencement of =he administrative hearing except upon order of the court after motion and notice and for good cause shown. In acting upon such motion, the court Shall consider the necessity and reasonS' for such discovery, the diligence or lack of diligence of the moving .party, whether the granting of the motion will delay the commencement of the administrative hearing on the date set, and =he possible prejudice of such ac=ion to any party. (c) If from a reading of the petition =he court is satisfied that the petition sets forth good cause for relief, the. court shall issue an order =o show cause directed to the respondent par=y; otherwise th& cour~ shall enter an order denying the petition. The order to show cause S~all be served upon the respondent and his attorney of record in the administrative proceeding by personal delivery or certified mail and shall be returnable no earlier than 10 days from its issuance nor later than.30 days after the filing of the petition. The respondent par~Y shall have the right to serve and file a written answer or other response to the petition and order to show cause. (d) The court may in its discretion order the administrative proceeding stayed during the pendency of the proceeding, and if necessary for a reasonable time thereafter to afford the parties time to comply with the court order. (e) Where the matter sought to be discovered is under the custody or control of the respondent party and the respondent party asserts that such matter is not a discoverable matter under the provisions of Section 11507.6, or is privileged against disclosure under such provisions, the court may order lodged with it such matters' as are provided in subdivision (b) of Section 915 of the Evidence. Code and ex,mine such matters in accordance with the provisions thereof. (f) The court shall decide the case on the matters examined by the court in camera, the papers filed by the parties, and such oral argument and additional evidence as the court may allow. (g) Unless otherwise stipulated by the parties, the court shall no later than 30 days after the filing of the petition file its order denying or granting the petition, provided, however, the court may on its own motion for good cause extend such time an additional 30 days. The order of the court shall be in writing setting forth the matters or parts thereof the petitioner 7 is 'entitled to discover under Section 11507 6 A copy o~ the order shall ~orthwith be served by mail by the clerk upon the par~£es. ~ere the order gTants the petition in whole or in par~, such order shall not become e~fec~ive until 10 days the date the order is served by ~he cle=~. ~here the order denies relie~ to the pe~itionin~ party, the order shall be a~ec~ive on ~.ha date it is served by the cler~. (h) The order o~ the superior cou~t shall be ~inal and no~ subJec~ ~o ~eview by appeal. A pa~y ag~ievad by such order, or any pa~ ~e~eof,' may wi~in 15 days after ~ha sa~ice o~ ~he superio~ co~'s o~de~ se~e and ~ila in ~he dis~ric~ cou~ o~ appeal for ~a dis~ric~ in which ~he superior cour~ loca~ed~ a pe~i~ion fo~ a ~i~ o~ mand~us ~o compel ~a superior co~ ~o se~ aside or o~e~ise modify i~s order. ~are such review is sough~ ~om an o~de~ ~an~ing discove~ ~a o~de~ o~ ~he ~ial co~ and ~a a~inis~a~ive p~oceeding shall be s~a~ed upon ~e filing of ~e pe~i~ion fo~i~ of ~nd~us, p~ovided~ however, ~he co~ o~ appeal may dissolve or m~ifM ~e sCa~ ~he~ea~er i~ i~ is in ~a p~lic in~eres~ ~o do so. ~ere such review is sough~ f~om a denial of discover, nei~e~ ~a ~ial court's order nor ~a a~inis~a~ive proceedin~ shall be s~ayad by.~he cou~ of:'appeal excep~ upon a clea~ showing of probable ~O~. .' (i) ~e~e ~e supe~io~ co~t ~inds ~a~ a pa~y or his a~orne~, wi~hou~ s~s~an~ial jus~i~ica~ion, failed or refused ~o comply wi~ Section 11507.6~ o~, wi~ou~.subs~an~ial jus~i~ica~ion, filed a pe~i~ion ~o compel dfscove~ pursuan~ ~o ~his sec~ion~ or, wi~ou~ a~s~an~ial Justification, ~ailed ~o compl~ wi~h any o~der of cou~ made p~suan~ ~o ~his sec~ion~ cour~ may award cour~ costs and ~easonable a~orney ~ees ~o opposing pa~y.~ ~o~hing in ~his su~ivision shall limi~ po~e~ o~ ~he superior cour~ ~o compel obedience ~o i~s orders con~emp~ proceedings. 'ti 8 ACKNOWLEDGMENT OF RECEIPT Without admitting the violations, I acknowledge receipt of this Enforcement Order, Statement to Respondent, CertifiCation of Compliance form, and two copies of the form en{itled Notice of Defense. DATED: ~-- ~ ~' JAI~S CLARK JR. PRES/.DEI~ ~, ~, Print Name and Title S:\CORRESPONDENCE~2002.-08\EnforcementOrder(Clark),wpd D August 14,' 2002' Mr. James F. Clark, Jr., President FIRE CHIEF Clark.Pest Control, Inc. RON FRAZE P.O. Box 2466 ADMINISTRATIVE SERVICES Bakersfield, CA 93303 2101 "H" Street Bakersfield, CA 93301 vOiCE !561) 326-39~1 FAX (661) 396-1349 CLARK PEST CONTROL, INC. DOCKET NO.: 2002-07 SUPPRESS~O. SERVICES Dear Mr. Clark: 2101 "H' Street Bakersfield, CA 93301 vOiCE (661) 326-3~1 En~!oSed please find the Order on Consent Agreement which incorporates FAX (061) 395-1349 the revisions which were discussed at our informal conference. PREVENTION SERVICES FIRE SAFETY SERVICES * ENVIRONItEh'TN. SERVICES 1715 ChesterAvo. Please sign and return the original and follow the schedule for compliance Bakersfield, CA 93301 therein. VOICE (661) 326-3979 as slJecmeu FAX (661) 326-0576 If you have any questions, please call me at 326-3979. PUBLIC EDUCATION 1715 Chester Ave. Bakerstleld, CA 93301 o, ,j~;nceret'', VOICE (661) 326-3696 FAX (661) 326-0576 Ralph E. Huey FIRE INVESTIGATION 1715 Chester Ave. Director of Prevention Services Bakersfield, CA 93301 ~ VOICE (661) 326-3951 FAX (661) 326-0576 by: ~ 5642 Victor Ave. Bakersfield, CA 93308 VOICE (661) 3994697 FAX (661) 399-5763 Howard H. Wines, III Hazardous Materials Specialist Registered Geologist No. 7239 Office of Environmental Services HHW/dc enclosure STATE OF CALIFORNIA CITY OF BAKERSFIELD CERTIFIED UNIFIED PROGRAM AGENCY In the Matter of: ) Docket No.: 2001-07 ) CLARK PEST CONTROL, INC. ) ORDER ON CONSENT AGREEMENT a California Corporation (C0278599) ) ) Health and Safety Code Section 25187 ) Respondent. ) .) INTRODUCTION 1.1. Parties. The Office of Environmental Services for the City of Bakersfield Fire Department, a Certified Unified Program Agency (CUPA) authorized by the Secretary of the California Environmental ProtectiOn Agency (Cai/EPA) to administer and enforce the Hazardous Substance Control Act in the City of Bakersfield, issues this Order on Consent Agreement (Order) to Clark Pest Control, a California corporation. 1.2. Site. Respondent generated, handled, treated, stored, and/or disposed of hazardous waste at the following site(s), including, but not limited to: 530 California Avenue, Bakersfield, California 93301. 1.3 Generator. The Respondent generated the following hazardous wastes: pesticide rinse water, a "listed" hazardous waste (California Waste Code Number 231) pursuant to Title 22 of the California Code of Regulations (CCR), Section 66261.126. Appendix XII (b). 1.4 Jurisdiction. Section 25187 of the Health and Safety Code (HSC) authorizes the CUPA to order action necessary to correct violations and assess a penalty when the CUPA determines that any person has violated'specified provisions of the Health and Safety Code Or any permit, rule, regulation, standard, or requirement issued or adopted pursuant thereto. DETERMINATION OF VIOLATIONS 2. The CUPA hereby determines that Respondent violated: 2.1 The Hazardous Waste Control Law (California Health and Safety Code section 25100, et seq, to wit: section 25189.5. Disposal, treatment or storage at, or transportation to, facilities without permits or at unauthorized points. On June 28, 2002, a hazardous waste generator inspection was conducted at the site for compliance with regulatOry standards as well as assessing the potential for environmental contamination associated with the use of a floor drain in communication with discharge from an exterior sink used for mixing and rinsing pesticide containers. 2.2 On June 28, 2002, waste water samples were collected from the floor drain and sludge recently removed from the floor drain and from the discharge hose connected to the exterior pesticide mixing sink. 2.3 On July 14, 2002, laboratory results from the sample of waste water removed from the discharge hose from the exterior pesticide mixing sink confirmed that the waste is conSidered a hazardous waste in California, due to its aquatic toxicity, pursuant to Title 22 of the California Code of Regulations, section 66261.24(a)(6). SCHEDULE FOR COMPLIANCE 3. . Based on the forgoing DETERMINATION OF VIOLATIONS, IT IS HEREBY ORDERED AND AGREED TO THAT: 3.1 Respondent shall immediately cease use of the exterior pesticide mixing sink and associated floor drain until a plumbing plan has been approved and implemented to ensure the waste discharge from the sink can be properly contained to prevent hazardous 2 waste from being discharged to the sewer and the floor drain has been determined to meet all applicable local regulatory requirements. Furthermore, Respondent shall make all necessary arrangements, including, but not limited to, written procedures for pesticide rinse water handling, documenting employee training in such procedures, and developing a plumbing plan to properly handle pesticide rinse water to prevent hazardous waste from being discharged from the exterior pesticide mixing sink into the floor drain to the sewer within thirty (30) days from the effective date of this Order. 3.2 Submittals. A copy of the schedule for and description of the necessary arrangements to properly handle pesticide rinse water to prevent hazardous waste from being discharged to the sewer shall be Sent to the CUPA, in care of: Mr. Ralph Huey Director of Prevention Services City of Bakersfield 1715 Chester Avenue Bakersfield, California 93301 3.3 Communications. All approvals and decisions of the CUPA made regarding submittals and notifications will be communicated to Respondent in writing by the Director of Environmental Services, or his/her designee. No informal 'advice, guidance, suggestions, or comments by the CUPA regarding reports, plans, specifications, schedules, or any writings by the Respondent shall be construed to relieve Respondent of the obligation to obtain such formal approvals as may be required. For assistance on developing an approved plumbing plan, Respondent shall contact Mr. Eric Poore, Plumbing and Mechanical Specialist with the City of Bakersfield Building Department at (661) 326- 3798. For assistance on industrial waste water discharge limitations, Respondent shall contact Ms. Wen-Shi Cheung, Waste Water Supervisor with the City of Bakersfield Public Works Department at (661) 326-3249. 3 3.4 CUPA Review and Approval. If the CUPA determines that the Schedule, written procedures, training documentation, plumbing plans and industrial waste water discharge limitations submitted for approval pursuant to this order fails to comply with the order or fails to protect public health or safety or the environment, the CUPA may: a. Modify the document as deemed necessary and approve the document as modified, or b. Return the document to Respondent with recommended changes and a date by which Respondent with recommended changes and a date by Which Respo'ndent must submit to the CUPA a revised document incorporating the recommended changes. 3.5 Compliance with Applicable Laws. Respondent shall carry out this Order in compliance with all local, State, and federal requirements, including but not limited to requirements to obtain permits and to assure worker safety. 3.6 Endangerment during Implementation. In the event that the CUPA determines that any circumstances or activity (whether or not pursued in compliance with this Order) are creating an imminent or substantial endangerment to the health or welfare of people on the site or in the surrounding area or to the environment, the CUPA may order Respondent to stop further implementation of this Order for such period of time as needed to abate the endangerment. Any deadline in this Order directly affected by a Stop Work Order under this section shall be extended for the term of the Stop Work Order. 3.7 Liability. Nothing in this Order shall constitute or be conStrued as a satisfaction or release from liability for any conditions or claims arising as a result of past, current, or future operations of Respondent...other than those violations alleged in section 2 of this order. Notwithstanding compliance with the terms of this Order, Respondent may be required to take further actions as are necessary to protect public health or welfare or 4 the environment. 3.8 Data and Document Availability. Respondent shall permit the CUPA and its authorized representatives to inspect and 'copy all sampling, testing, monitoring, and other data generated by Respondent or on Respondent's behalf in any way pertaining to work undertaken pursuant to this Order. Respondent shall allow the CUPA and its authorized representatives to take duplicates of any samples collected by Respondent pursuant to this Order. Respondent shall maintain a central depository of the data, reports, and other documents prepared pursuant to this Order. All such data, reports, and other documents. shall be preserved by Respondent for a minimum of three years after the conclusion of all activities under this Order. If the CUPA requests that some or all of these documents be preserved for a longer period of time, Respondent shall either comply with that request, deliver the documents to the CUPA, or permit the CUPA to copy the documents prior to destruction. 3.9 Government Liabilities. The City of Bakersfield shall not be liable for injuries or damages to persons or property resulting from acts or omissions by Respondent or related parties in carrying out activities pursuant to this Order, nor shall the City of Bakersfield be held as a party to any contract entered into by Respondent or its agents in carrying out activities pursuant to the Order. 3.10 Additional Enforcement Actions. By issuance of this Order, the CUPA does not waive the right to take further enforcement actions. 3.11 Incorporation of Plans and Reports. All plans, schedules, and reports that require CUPA approval and are submitted by respondent pursuant to this Order are incorporated in this Order upon approval by the CUPA. 3.12 Extension Request. If Respondent is unable to perform any activity or submit 5 any document within the time required under this Order, the Respondent may, prior to expiration of the time, request an extension of time in writing. The extension request shall include a justification for the delay. 3.13 Extension Approvals. If the CUPA determines that good cause exists for an extension, it will grant the request and specify in writing a new compliance schedule. 3.14 Penalties for Noncompliance. Failure to comply with the terms of this Order may also subject Respondent to costs, penalties, and/or punitive damages for any costs incurred by the CUPA or other government agencies as a result of such failure, as provided by the California Health and Safety Code (HSC) section 25188 and other applicable provisions' of .law. 3.15 Parties Bound. This Order shall apply to and be binding upon Respondent, and its officers, directors and agents, including but not limited to individuals, and upon the CUPA and any successor agency that may have responsibility for and jurisdiction over the subject matter of this order. PENALTY 4. The CUPA assesses a penalty of $ 6,717. Payment of the total penalty of $ 6,717 is due within thirty (30) days from the effective date of the Order. ReSpondenrs check shall be made payable to City of Bakersfield, Certified Unified Program Agency, and shall identify the Respondent and Docket Number, as shown in the heading of this case. Respondent shall deliver the penalty payment to: Mr. Walter H. Porr, Jr. Deputy City Attorney City Attorney's Office City of Bakersfield 1501 Truxtun Avenue Bakersfield, California 93301 6 A photocopy of the check shall be sent to: Mr. Ralph Huey Director of Prevention Services City of Bakersfield 1715 Chester Avenue Bakersfield, California 93301 5. This Order is final and effective upon execution by the City and Respondent. 6. "Days" for purposes, of this Order means calendar days. Date of Issuance: August 13, 2002. Mr.~al~~ Date J31'rector 5f.,P revention Services 7-Clark P~st Control, Inc. /' Date JAMES CLARK JR. PRESIDENT Typed or Printed Name of Respondent's Representative cc: Mr. Walter H. Porr, Jr. Deputy City Attorney City Attorney's Office City of Bakersfield 1501 Truxtun Avenue Bakersfield, CA 93301 7 ( i CLARK CONTRO_!.IIB ' ~"'-------..--_._~0 California Avenue Bakers'fi'etd, California 93303 Phone (661) 325-7211 FAX (661) 325-1021 Ralph E Huey Director of Prevention Service Howard H. Wines'ill HazardoUs Materials Specialist Dear Gentlemen, Please consider this letter as a focal plan of compliance in regard to the action taken against Clark Pest Control, specifically the enforcement order dated August 5, 2002 and order on consent agreement dated August 14, 2002. On August 12, 2002 a meeting'was held with the following parties attending: Eric Poor, Wen-Shi Cheung, and the Principles of Clark Pest Control, In this meeting the following actions and proceedures were agreed upon by ali parties that should address and correct those violations found in the orders. 1. The two bin sink and water supply to same will be. disconnected and removed. 2. ~1 vehicles will be washed .at co~ercial car washes only. 3. The drainage reservoir will be removedand all waste lines leading to same will be capped. The remaining void will be filled with. concrete thereby sealing off any possible runoff into the sewer system. 4. Pe~its will be obtained and disposal of the cement reservoir will be transported to the proper disposal site. 5. Strict adherance to the exisiting rinsing procedure will be maintained (enclosed): all technicians and supervisors are signatory to same and are standard training procedures in this branch. Any further recommondations outside my understanding of these orders will be given my top priority. Bids have been received and work will begin as soon as all matters ar: expedited. / .." / ~ ~/J/ Enclosed: 1. Rinsing Procedures 2. Copy of check to : Walter Poor Jr. (Deputy District Attorney) --" CLARK ""- · u PEST CONTROLH 530 CaliforniaAvenue Bakersfield, California 93303 Phone (661) 325-7'211 FAX (661) 325-1021 R[NS 'qG All containers under 28 gallons, must be rinsed at the time of use, unless they are returned to the registrant or the pesticide is not diluted during use. There are two rinsing procidures. Follow one of them to ensure you have properly rinsed containers. Procedure # 1: 1. For containers smaller than 5 gallons, use enough water to fill the container 1/4 full. For larger containers, use enough water to fill it one-fifth full. 2. Put the appropriate amount of water into the container,. Close the container securely and agitate. 3. Drain the solutibn into the 50 gallon tank on back of spray rig. Allow the container to empty completely. 4. Repeat steps 1-3 a minimUm of 2 more times. Procedure # 2: 1. Turn the empty container over and place the opening over a nozzle. This nozzle must be located in the opening of the 50 gallon tank on back of spray rig so the liquid will drain into the tank. The nozzle must be · able to rinse all inner surfaces of the container. 2..'Turn the nozzle on and rinse until the water coming from the container is clear. Use a minimum of 1/2 the container volume of water. EMPLOI~EE'S SIGNATIIRE SIIPERVISOR'S SIGNATI]RE RECEIPT IN FULL PAYMENT OF THE ACCOUNT NO OTHER RECEIPT IS NECESSARY CLARK PEST GONT.~OL BAKERSFIELD, CALIFORNIA .~bJ., INVOICE NO. G/L ACCT. NO. AMOUNT INVOICE NO. G/L ACCT. NO. AMOUNT 1-0-615 6,717.00 2001-07 DOC rETT TOTAL ~ 6,717.00 ~,,,aal,l~{iaalalaa.~ RESPONDENT: CLARK PEST CONTROL INC NO. ]~OCKETT~ 2001-07 : s~o.o~,...~ 5 0 8 53 ' ' ' ' , ' - 1~1 l~H STRE~ -:' '"'i .''=. . . · . '[". PEST.CONTRoL"."~ .' .~ . ~.P'O' BOX 2466 :..' ...... . .- ...,:'. ': VENDOR .. · DATE ~ AMOUNT. B~ERSF.IE~D,.~ · ~ : : .: · .~. -.?.~. ...... . · 717 O0 : .... .: . · ....'~:, :.:...:.-..:: :::.~: .:,..... :.':::: :,.::-.. :. :,::' : ~' · . '.'~:' . ' ..... ::- .' .' . -~:~ ~ :..~., .v~.~ ~...~: ,,": ....... ~ "1 ...... :~' ' ' '"' . PAYTO~E~ ORDEROF · ' ~: · ?' ..-. { '~.. '...:.;'.. . . l.~;:,~. ~,:;.~....:~ CITY' OF BAKERSFIELD,.. . · ,_ . ' . ~ '. '.: '~'~.. ~....'.:~ ..- .= '~.;..: .-,.-.,...: '.. - . · ~ ~ .~ -. · ~./::.~ :"~:.'.-: .. ~.. ~:. . '. ' ' '..~/~ 2..'. . ~. . .: ~ ... . ..~ . ..~ . ~ :. . · · ... .:~..~ .,~... -.~ ..~..-~......~'..' ~.:." ~...~.:-:~:~:..-~..:.... ;'~ ..'. .. ., ..: . :.. - . . p1010124.jpg (1280x960x24b jpeg) Bakersfield ~ Fresno Lancaster -. Saflta Clarita Visalia (661) 325-7.211 · (559) 264-5444 (66i) 948-7518' (661) 255-2253 (559) 732~3488 "- ~;' Sop 25 02 03:40p .CI iRK PEST CONTROL CORP 60~35 ~vo~c~NO: 137~76 , ~~ * ' CUST~ER NO: CLAPES M P Environmental Se~ices, Inc. P.O. CLARK PEST CONTROL PO BOX ~466 (~),~-~STO~E~ (~1)39~115~ BAKERSF I ELD CA 93309 co--AcToR,s LICENSE NO. 613706 TERMS DUE DATE: NET 30 DAYS 08/08/02 ~0~5~ 07/09/0~ 501 VACUUM TRK HRLY 4.50 65.00 292.50 FUEL SURCHARGE 1 5.85 5.85 DISPOSAL CHAROE 1' ~30.00 230.00 Uwo u~la~ t~t ~REST at the rote o[ 1~ PER ANNUM ~ll ~ ~a~ed fl this ~v~ is n~ ~id in 30 days, ~. m 1~ ~ent ~ non~yme=a, it ~ n~ to ~er ~is ma~ to a~ ~rney for cm~n o~ to be entit)~ to re~er ~1 rea~na~ ~ts ~ ex.ss, including aflomeys' tees, ~nod. '~4Sep 25 02 03:47p CJa~RK PEST CONTROL CORP 86 335 ~9~ p.3 M P Environme~ Services, Inc. ~ .'34~ Uan~ Street ~ke~l~eld, CA EPA ~ CAT ~0624247 P~enix, AZ En~, OK ADDRESS ~ '" ;' .:' - ....· · LEASE & WELL CUSTOMER jOB ~ CUSTOMER P.O. D ESCRI PTION' EXPLAIN DELAYS LOAD TIME DATE OFF LOAD TIME DATE START AM / PM START AM / PM BEGINNING TIME ')/AM/i~M :l STOP AM/PM STOP AM/PM ENDINCTIME /f,, ,~r ~. .... A/v~t"PM TOTAL TOTAL TOTAL HOURS ,,.,:../~. ,,,~ ~; LOAD TIME DATE OF!~ LOAD TIME DATE START AM / PM START AM I PM BEGINNING TIME A~ STOP AM / PM STOP AM / PM EN DING TIME AM / PM TOTAL TOTAL TOTAL HOURS ..-"' SU§HAULJ~R: SU§HAULER TICKET #: . ' TOTAL HOURS .~-. · ...,- .~,. '., ~ WEIGHT TICKET ~: ." D£DUCTIONS / ADDITIONS ..... MANIFEST #; R/O I}llfl #: ,."" ( ;),tLIOURS [ TONS ( ) MILEAGE ,' ., UNIT RATE AMOUNT O'~ HJR CHARGES UNOER STATE OR FEDERAL RtGULATION$ THE MATERIAL NOTED ABOVI~ IS CONSII)tRED 10 BE: ' ' : "-. : '/ '" ,'.'" ~ ' ' ( J HAZARDOUS ~' ') NON-HAZARL,N.)US k..'l HIGHWAY ! ) NON-HIGHWAY .. LIQglOATINC DAMAGES (~ 18% WILL HE L'I~ARGEt3 ~ DAYS AFTER Ri[CEIPT OF INVOfCI:, IN THE [VENT OF NONI~AY&~EN1 I7 JS N ECE~,SA RY TO RE FER THIS tVlATTER TO AN A'rro Jl NE¥ FO R COL!. ECTION OII TO SEE K I. EC.~AI ADV1CE FOLLOWING blONPAYM~.blTTI.IEF'$EVAILINGPARTYIN.n, NYACTION SHAL. L BE [N'JlTI. ED 10 ..' ;~' '~'. RECOVER ALL REASONABLF COSTSANI~ F. XPENSES INCLIJDLINC A[I'ORNEY',~ Fl~5 IN['LIRI~D, DRIVER #2 SIGNATURE DATE ..' '-"' 02 03:4'7p C~NRK PEST CONTROL CORP 66 ~35 4944 p.4 NON- ZARDO WASTE MANIFEST97 R ~. '~~ M P Enviroamen~! Se~es, lt~c. ,, ' ~~ P,O. Box~58.~aker~ield.~ 9~.{~1)~-~15~ NO. 702-~] 7-o~ ""~" '" "['"1'"' ~ III I I I I NOTE: This form to be in lieu of the Toxic Substance Controls hazardous waste manifest. To be used fo{ NON-H~RDOUS WASTES only. Name: C~K r~' CO~OL ~ ~OX 2~66 Mailing Address · ~FIP~, ~ 93309 City / S~te / Zip · 56~l ~35-~535 Contact' JOg Phone No · ~ [ ,.'L '.. i .,(. Signature: X '" -' ~ ~"' ~ Date: .... ' / /_ ~ THE GENERATOR CER~FIES ~AT THE WASTE AS DESCRIBED IS 1~% NON-H~RDOUS ~IO~ EQUI~E~ ~AS~ ~ATER (~-~Z) Wa~to Do~eripfion: GenemtingL~tion' 530 ~[~RRIA ~g - ~AKERSFI~D, CA (325-721 H~dlin9 Instm~ons · 2 Quanti~: -.~:" [ ]BBL ~'~GLS E ]YDS [ ]TONS CONTAINER~PE: [~]TANKTRUCK E }DUMPTRU~ [ ~UMS E ]BI~ [ ]OTHER DESIGNATED FACILITY: NAME: ~K.[~I~ ~E DIS~SA[ ADDRESS: 56533 ttt~MA~ CI~ISTATE~IP: 'E~[~R[C[, CA 93251 PHONEI : 661/762-7366 I MP VACUUM ~UCK SERVICE T~CKET~ . .~CTffRL~ ' ', MP ENVIRONMENTAL SERVICES, INC. s~n ~o's "' -' .... '" . ..-' .~ ~,~- ~ ................. :~ .............. Bakersfield, CA 9~8 Date / 'F . ~v ~- 061 1393-1151 ' ~ "~ ~-' ~ PIU DAT~: _.,' -' .- ~CKI?TRICK WAs'rE DI Si~OSAL Name' Disposal Method: 56533 ~lGtl~A7 58 WEST :' ~dfill 'O~r ';'¥ AddmsA ;, . ~!TT'~IC~t, C~ 93251 City/S~tetZip: .., ~,: '" Phone No: ~me' pm Discr~: S~naturo· ( ~.~..:~ '; '};. 'L.-..~.:d... ~..(~) ~ L!~.~: ~5)'. ~ato ' ~/ ~ -/ ' .... ' ..... !~10 N- H'II[Z A R O O U S WAST E'~ M A N I F E 0T271~58 ~ P E~viro.mental Services, Inc. P.O. Box 80358 · Bakersfield, CA 93380 · (661 } 393-1151 PROFILE NO. 702-4t7-O¥ [23 AZ [] B~( [] LA [] OK~ NOTE: This lorm to be in lieu ot the Toxic Substance Gontiols hazardous waste manifest. To be used for NON-HAZARDOUS WASTES only. Name' CLA]L[ ~[S~ CO~ Mai~ingAddress' ~ S0~ 2466 ~ ~E[~, ~ 93309 ~ Ci~ / State / Zip · ~ Pho . Contact' m Signature: X ~* _ Date: ~ I~E GE~E OR"CEB A~ THE WASTE AS DESCRIBED IS 100% NON-H~ARDOUS ~ Waste ~scription ' ~0[ ~ ~ ~ (~-~) O Generating Lo~on · 5~ ~[EO~ A~ - ~~m.n~ ~ (32~7211) O Handling Instructions ' Quantity' ..~ ........ [ }BBL ~GLS [ ]YDS [ }TONS CO~AINER~PE: [~TANKTR~K [ ]DUMPTRU~ [ ]DRUMS [ }BINS [ }OTHER DESIGNATED FAClLI~: NAME: ~~ ~ ~[~08~ ADDRESS' 565~3 B[~Y 58 CiTY/STAT~IP: ~~, ~ 93231 PHONE ¢ : II III IIIII III ~ MP VACUUM TRUCK SERVICE TIOKET~ _ _] TRACT~LR~ ~ / _/~.. ~ 34~ Manor Street . Signature: ~ ~/~ Name: H~~ ~ DZSPOS~ Dis~sai Meth~: Address' 56533 BIG~Y 58 ~ST ~Landlill Other ~ Pl~one No ' 661/762-7366 Time: * pm ~ Discrepancy ' . ....................................................... Stg~alure: ........................................................................ O~te · / Walt Porr - Re: Clark Pest Control From: ' Ralph Huey To: Walt Porr Date: 6/14/02 9:24AM Subject: Re: Clark Pest Control Walt; The document was sent in "Microsoft word" and is as follows; Ralph, Investigation Of Possible Illegal Disposal Of Hazardous Waste At Clark Pest Control. On February 26, 2002, Ralph Huey was notified by the Ag Commissioners Office that an employee of Clark Pest Control had called them to report that the company was dumping residual chemicals down the drain. I was asked if our office wanted to pursue this alleged h~ardous waste violation and I stated that we would. The employees= name that the Ag Commissioner office reported was John Means. On February 26, 2002, Ralph Huey instructed Howard Wines to confer with City Waste Water Division in Preparation of an investigation of alleged dumping of chemical residue down the sewer drain by Clark Pest Control. Ralph Huey said the complaint had been referred to this office from the Kern County Ag Commissioner=s office and that the complaint involved discharge of chemicals to the City sewer. The complainant was identified as John Means. On or about February 27, 2002, Howard Wines contacted Waste Water Supervisor Wen-Shi Chung regarding the complaint and April West was assigned to the investigation. On February 28, 2002, April West telephoned Rich White, Ag Biologist IV and requested more details regarding the complaint. In a memo dated 2/28/02 @ 2:15pm, April West wrote, ARick indicated the complaint was received from a current Clark Pest Control employee. An employee advised another employee to discharge residual chemical and container rinsate down the drain (sewer) at the shop location. @ (Memo attached) On March 8, 2002, April West received a telefax of the Pesticide Episode Investigation Report, dated 02/20/02, prepared by Irene Acosta, Ag Biologist III and reviewed/approved by Rick White. (Report attached) On April 11, 2002, a meeting with Deputy City Attorney, Walt Porr was conducted to discuss the merits of the case. Walt Porr suggested that Howard Wines should contact Captain Nell Mahan to enlist the help of the Bakersfield Police Department in contacting the complainant for further information. Detective Brad Norris was assigned to assist, and during the month of April, Detective Norris made telephone contact with John Means who denied any knowledge of the alleged complaint. On or about May 10, 2002, Howard Wines telephoned John Means at Clark Pest Control to question him about the complaint. Mr. Means said he was Adrawing a blank@ about the complaint to the Ag Commissioner=s office and that he would call back if he remembered anything. On or about May 24, 2002, Howard Wines telephoned Mr. Means at his work to follow up since he had not called back. Mr. Means again denied any knowledge of the nature of the complaint. If the residual or container rinsate was dumped into a sink drain, then there may be some residue remaining in the trap. This is what we will attempt to obtain. If we provide 24-hour notification prior to serving the warrant, we are concerned that the sink drain could be thoroughly washed down and any residue could be completely washed into the sewer system. We hope to obtain samples from the sink trap before an attempt to thoroughly wash out the trap can be completed. S:~JUNE 2002\Clark declaration doc >>> Walt Porr 06/14/02 08:10AM >>> Ralph: My computer can't seem to open you doc. Coulod you cut and paste the contents directly into the e-mail message or try sending it in wordperfect format. Thanks. Walt >>> Ralph Huey 06/13/02 02:57PM >>> Walt; Sorry this is so late, attached please find the comments on the Possible illegal disposal of a hazardous waste at Clark's Pest Control. Ralph, STATE OF CALIFORNIA CITY OF BAKERSFIELD CERTIFIED UNIFIED PROGRAM AGENCY In the Matter of: ) Docket No.: 2001-07 ) CLARK PEST CONTROL, INC. ) ORDER ON CONSENT AGREEMENT a California Corporation (C0278599) ) ) Health and Safety Code Section 25187 ) Respondent. ) ) INTRODUCTION 1.1. .Parties. The Office of Environmental Services for the City of Bakersfield Fire Department, a Certified Unified Program Agency (CUPA) authorized by the Secretary of the California Environmental Protection Agency (Cai/EPA) to administer and enforce the Hazardous Substance Control Act in the City of Bakersfield, issues this Order on Consent Agreement (Order) to Clark Pest Control, a California corporation. 1.2. Site. Respondent generated, handled, treated, stored, and/or disposed of hazardous waste at the following site(s), including, but not limited to: 530 California Avenue, Bakersfield, California 93301. 1.3 Generator. The Respondent generated the following hazardous wastes: pesticide rinse water, a "listed" hazardous waste (California Waste Code Number 231) pursuant to Title 22 of the California Code of Regulations (CCR), Section 66261.126 Appendix XII (b). 1.4 Jurisdiction. Section 25187 of the Health and Safety Code (HSC) authorizes the CUPA to order action necessary to correct violations and assess a penalty when the CUPA determines that any person has violated specified provisions of the Health and Safety Code or any permit, rule, regulation, standard, or requirement issued or adopted pursuant thereto. DETERMINATION OF VIOLATIONS 2. The CUPA hereby determines that Respondent violated: 2.1 The Hazardous Waste Control Law (California Health and Safety Code section 25100, et seq, to wit: section 25189.5. Disposal, treatment or storage at, or transportation to, facilities without permits or at unauthorized points. On June 28, 2002, a hazardous waste generator inspection was conducted at the site for compliance with regulatory standards as well as assessing the potential for environmental contamination associated with the use of a floor drain in communication with discharge from an exterior sink used for mixing and rinsing pesticide containers. 2.2 On June 28, 2002, waste water samples were collected from the floor drain and sludge recently removed from the floor drain and from the discharge hose connected to the exterior pesticide mixing sink. 2.3 On July 14, 2002, laboratory results from the sample of waste water removed from the discharge hose from the exterior pesticide mixing sink confirmed that the waste is considered a hazardous waste in California, due to its aquatic toxicity, pursuant to Title 22 of the California Code of Regulations, section 66261.24(a)(6). ..SCHEDULE FOR COMPLIANCE 3. Based on the forgoing DETERMINATION OF VIOLATIONS, IT IS HEREBY ORDERED AND AGREED TO THAT: 3.1 Respondent shall immediately cease use of the exterior pesticide mixing sink and associated floor drain until a plumbing plan has been approved and implemented to ensure the waste discharge from the sink can be properly contained to prevent hazardous 2 waste from being discharged to the sewer and the floor drain has been determined to meet all applicable local regulatory requirements. Furthermore, Respondent shall make all necessary arrangements, including, but not limited to, written procedures for pesticide rinse water handling, documenting employee training in such procedures, and developing a plumbing plan to properly handle pesticide rinse water to prevent hazardous waste from being discharged from the exterior pesticide mixing sink into the floor drain to the sewer within thirty (30) days from the effective date of this Order. 3.2 Submittals. A copy of the schedule for and description of the necessary arrangements to properly handle pesticide rinse water to prevent hazardous waste from being discharged to the sewer shall be Sent to the CUPA, in care of: Mr. Ralph Huey Director of Prevention Services City of Bakersfield 1715 Chester Avenue Bakersfield, California 93301 3.3 Communications. All approvals and decisions of the CUPA made regarding submittals and notifications will be communicated to Respondent in writing by the Director of EnvirOnmental Services, or his/her designee. No informal advice, guidance, suggestions, or comments by the CUPA regarding reports, plans, specifications, schedules, or any writings by the Respondent shall be construed to relieve Respondent of the obligation to obtain such formal approvals as may be required. For assistance on developing an approved plumbing plan, Respondent shall contact Mr. Eric Poore, Plumbing and Mechanical Specialist with the City of Bakersfield Building Department at (661) 326- 3798. For assistance on industrial waste water discharge limitations, Respondent shall contact Ms. Wen-Shi Cheung, Waste Water Supervisor with the City of Bakersfield Public Works Department at (661) 326-3249. 3 3.4 CUPA Review and Approval. If the CUPA determines that the schedule, written procedures, training documentation, plumbing plans and industrial waste water discharge limitations submitted for approval pursuant to this order fails to comply with the order or fails to protect public health or safety or the environment, the CUPA may: a. Modify the document as deemed necessary and approve the document as modified, or b. Return the document to Respondent with recommended changes and a date by which Respondent with recommended changes and a date by which RespOndent must submit to the CUPA a revised document incorporating the recommended changes. 3.5 Compliance with Applicable Laws. Respondent shall carry out this Order in compliance with all local, State, and federal requirements, including but not limited to requirements to obtain permits and to assure worker safety. 3.6 Endangerment during Implementation. In the event that the CUPA determines that any circumstances or activity (whether or not pursued in compliance with this Order) are creating an imminent or substantial endangerment to the health or welfare of people on the site or in the surrounding area or to the environment, the CUPA may order Respondent to stop further implementation of this Order for such period of time as needed to abate the endangerment. Any deadline in this Order directly affected by a Stop Work Order under this section shall be extended for the term of the Stop Work Order. 3.7 Liability. Nothing in this Order shall constitute or be construed as a satisfaction or release from liability for any conditions or claims arising as a result of past, current, or future operations of Respondent...other than those violations alleged in section 2 of this order. Notwithstanding compliance with the terms of this Order, Respondent may be required to take further actions as are necessary to protect public health or welfare or 4 the environment. 3.8 Data and Document Availability. Respondent shall permit the CUPA and its authorized representatives to inspect and copy all sampling, testing, monitoring, and other data generated by Respondent or on Respondent's behalf in any way pertaining to work undertaken pursuant to this Order. Respondent shall allow the CUPA and its authorized representatives to take duplicates of any samples collected by Respondent pursuant to this Order. Respondent shall maintain a central depository of the data, reports, and other documents prepared pursuant to this Order. All such data, reports, and other documents. shall be preserved by Respondent for a minimum of three years after the conclusion of all activities under this Order. If the CUPA requests that some or all of these documents be preserved for a longer period of time, Respondent shall either comply with that request, deliver the documents to the CUPA, or permit the CUPA to copy the documents prior to destruction. 3.9 Government Liabilities. The City of Bakersfield shall not be liable for injuries or damages to persons or property resulting from acts or omissions by Respondent or related parties in carrying out activities pursuant to this Order, nor shall the City of Bakersfield be held as a party to any contract entered into by Respondent or its agents in carrying out activities pursuant to the Order. 3.10 Additional Enforcement Actions. By issuance of this Order, the CUPA does not waive the right to take further enforcement actions. 3.11 Incorporation of Plans and Reports. All plans, schedules, and reports that require CUPA approval and are submitted by respondent pursuant to this Order are incorporated in this Order upon approval by the CUPA. 3.12 Extension Request. If Respondent is unable to perform any activity or submit 5 any document within the time required under this Order, the Respondent may, prior to expiration of the time, request an extension of time in writing. The extension request shall include a justification for the delay. 3.13 Extension Approvals. If the CUPA determines that good cause exists for an extension, it will grant the request and specify in writing a new compliance schedule. 3.14 Penalties for Noncompliance. Failure to comply with the terms of this Order may also subject Respondent to costs, penalties, and/or punitive damages for any costs incurred by the CUPA or other government agencies as a result of such failure, as provided by the California Health and Safety Code (HSC) section 25188 and other applicable provisions of law. 3.15 Parties Bound. This Order shall apply to and be binding upon Respondent, and its officers, directors and agents, including but not limited to individuals, and upon the CUPA and any successor agency that may have responsibility for and jurisdiction over the subject matter of this order. PENALTY 4. The CUPA assesses a penalty of $ 6,717. Payment of the total penalty of $ 6,717 is due within thirty (30) days from the effective date of the Order. ReSpondent's check shall be made payable to City of Bakersfield, Certified Unified Program Agency, and shall identify the Respondent and Docket Number, as shown in the heading of this case. Respondent shall deliver the penalty payment to: Mr. Walter H. Porr, Jr. Deputy City Attorney City Attorney's Office City of Bakersfield 1501 Truxtun Avenue Bakersfield, California 93301 6 A photocopy of the check shall be sent to: Mr. Ralph Huey Director of Prevention Services City of Bakersfield 1715 Chester Avenue Bakersfield, California 93301 5. This Order is final and effective upon execution by the City and Respondent. 6. "Days" for purposes of this Order means calendar days. Date of Issuance: August 13, 2002. Mr ~alp · ~ Date Director of Prevention Services City of Bakersfield Clark Pest Control, Inc. Date Typed or Printed Name of Respondent's Representative cc: Mr. Walter H. Porr, Jr. Deputy City Attorney City Attorney's Office City of Bakersfield 1501 Truxtun Avenue Bakersfield, CA 93301 7 ACKNOWLEDGMENT OF RECEIPT Without admitting the violations, I acknowledge receipt of this Enforcement Order, Statement to Respondent, Certification of Compliance form, and tWo copies of the form entitled Notice of Defense. DATED: Signature Print Name and Title S:\CORRESPONDENCE~2002-08\EnforcementOrder(Clark).wpd STATE OF CALIFORNIA CITY OF BAKERSFIELD CERTIFIED UNIFIED PROGRAM AGENCY In the Matter of: ) Docket No.: 2001-07 ) CLARK PEST CONTROL, INC. ) ENFORCEMENT ORDER a California Corporation (C0278599) ) ) Health and Safety Code Section 25187 ) Respondent. ) ,) INTRODUCTION 1.1. Parties. The Office of Environmental Services for the City of Bakersfield Fire Department, a Certified Unified Program Agency (CUPA) authorized by the Secretary of the California Environmental Protection Agency (Cai/EPA) to administer and enforce the Hazardous Substance Control Act in the City of Bakersfield, issues this Enforcement Order (Order) to Clark Pest Control, a California corporation. 1.2. Site. Respondent generated, handled, treated, stored, and/or disposed of hazardous waste at the following site(s), including, but not limited to: 530 California Avenue, Bakersfield, California 93301. 1.3 Generator. The Respondent generated the following hazardous wastes: pesticide rinse water, a "listed" hazardous waste (California Waste Code Number 231) pursuant to Title 22 of the California Code of Regulations (CCR), Section 66261.126 Appendix XII (b). 1.4 Jurisdiction. Section 25187 of the Health and Safety Code (HSC) authorizes the CUPA to order action necessary to correct violations and assess a penalty when the CUPA determines that any person has violated specified provisions of the Health and Safety Code or any permit, rule, regulation, standard, or requirement issued or adopted pursuant thereto. DETERMINATION OF VIOLATIONS 2. The CUPA hereby determines that Respondent violated: 2.1 The Hazardous Waste Control Law (California Health and Safety Code section 25100, et seq, to wit: section 25189.5. Disposal, treatment or storage at, or transportation to, facilities without permits or at unauthorized points. On June 28, 2002, a hazardous waste generator inspection was conducted at the site for compliance with regulatory standards as well as assessing the potential for environmental contamination associated with the use of a floor drain in communication with discharge from an exterior sink used for mixing and rinsing pesticide containers. 2.2 On June 28, 2002, waste water samples were collected from the floor drain and sludge recently removed from the floor drain and from the discharge hose connected to the exterior pesticide mixing sink. 2.3 On July 14, 2002, laboratory results from the sample of waste water removed from the discharge hose from the exterior pesticide mixing sink confirmed that the waste is considered a hazardous waste in California, due to its aquatic toxicity, pursuant to Title 22 of the California Code of Regulations, section 66261.24(a)(6). SCHEDULE FOR COMPLIANCE 3. Based on the forgoing DETERMINATION OF VIOLATIONS, IT IS HEREBY ORDERED AND AGREED TO THAT: 3.1 Respondent shall immediately cease use of the exterior pesticide mixing sink and associated floor drain until a plumbing plan has been approved and implemented to 2 ensure the waste discharge from the sink can be properly contained to prevent hazardous waste from being discharged to the sewer and the floor drain has been determined to meet all applicable local regulatory requirements. Furthermore, Respondent shall make all necessary arrangements, including, but not limited to, written procedures for pesticide rinse water handling, documenting employee training in such procedures, and developing a plumbing plaa to properly handle pesticide rinse water to prevent hazardous waste from being discharged from the exterior pesticide mixing sink into the floor drain to the sewer within thirty (30) days from the effective date of this Order. 3.2 Submittals. A copy of the schedule for and description of the necessary arrangements to properly handle pesticide rinse water to prevent hazardous waste from being discharged to the sewer shall be sent to the CUPA, in care of: Mr. Ralph Huey Director of Prevention Services City of Bakersfield 1715 Chester Avenue Bakersfield, California 93301 3.3 Communications. All approvals and decisions of the CUPA made regarding submittals and notifications will be communicated to Respondent in writing by the Director of Environmental Services, or his/her designee. No informal advice, guidance, suggestions, or comments by the CUPA regarding reports, plans, specifications, schedules, or any writings by the Respondent shall be construed to relieve Respondent of the obligation to obtain such formal approvals as may be required. For assistance on developing an approved plumbing plan, Respondent shall contact Mr. Eric Poore, Plumbing and Mechanical Specialist with the City of Bakersfield Building Department at (661) 326- 3798. 3 3.4 CUPA Review and Approval. If the CUPA determines that the schedule, written procedures, training documentation and plumbing plans submitted for approval pursuant to this order fails to comply with the order or fails to protect public health or safety or the environment, the CUPA may: a. Modify the document as deemed necessary and approve the document as modified, or b. Return the document to Respondent with recommended changes and a date by which Respondent with recommended changes and a date by which Respondent must submit to the CUPA a revised document incorporating the recommended changes. 3.5 Compliance with Applicable Laws. Respondent shall carry out this Order in compliance with all local, State, and federal requirements, including but not limited to requirements to obtain permits and to assure worker safety. 3.6 Endangerment during Implementation. In the event that the CUPA determines that any circumstances or activity (whether or not pursued in compliance with this Order) are creating an imminent or substantial endangerment to the health or welfare of people on the site or in the surrounding area or to the environment, the CUPA may order Respondent to stop further implementation of this Order for such period of time as needed to abate the endangerment. Any deadline in this Order directly affected by a Stop Work Order under this section shall be extended for the term of the Stop Work Order. 3.7 Liability.. Nothing in this Order shall constitute or be construed as a satisfaction or release from liability for any conditions or claims arising as a result of past, current, or future operations of Respondent...other than those violations alleged in section 2 of this order. Notwithstanding compliance with the terms of this Order, Respondent may 4 be required to take further actions as are necessary to protect public health or welfare or the environment. 3.8 Data and Document Availability. Respondent shall permit the CUPA and its authorized representatives to inspect and copy all sampling, testing, monitoring, and other data generated by Respondent or on Respondenrs behalf in any way pertaining to work undertaken pursuant to this Order. Respondent shall allow the CUPA and its authorized representatives to take duplicates of any samples collected by Respondent pursuant to this Order. Respondent shall maintain a central depository of the data, reports, and other documents prepared pursuant to this Order. All such data, reports, and other documents shall be preserved by Respondent for a minimum of three years after the conclusion of all activities under this Order. If the CUPA requests that some or all of these documents be preserved for a longer period of time, Respondent shall either comply with that request, deliver the documents to the CUPA, or permit the CUPA to copy the documents prior to destruction. 3.9 Government Liabilities. The City of Bakersfield shall not be liable for injuries or damages to persons or property resulting from acts or omissions by Respondent or related parties in carrying out activities pursuant to this Order, nor shall the City of Bakersfield be held as a party to any contract entered into by Respondent or its agents in carrying out activities pursuant to the Order. 3.10 Additional Enforcement Actions. By issuance of this Order, the CUPA does not waive the right to take further enforcement actions. 3.11 Incorporation of Plans and Reports. All plans, schedules, and reports that require CUPA approval and are submitted by respondent pursuant to this Order are 5 incorporated in this Order upon approval by the CUPA. 3.12 Extension Request. If Respondent is unable to perform any activity or submit any document within the time required under this Order, the Respondent may, prior to expiration of the time, request an extension of time in writing. The extension request shall include a justification for the delay. 3.13 Extension Approvals. If the CUPA determines that good cause exists for an extension, it will grant the request and specify in writing a new compliance schedule. 3.14 Penalties for Noncompliance. Failure to comply with the terms of this Order may also subject Respondent to costs, penalties, and/or punitive damages for any costs incurred by the CUPA or other government agencies as a result of such failure, as provided by the California Health and Safety Code (HSC) section 25188 and other applicable provisions of law. 3.15 Parties Bound. This Order shall apply to and be binding upon Respondent, and its officers, directors and agents, including but not limited to individuals, and upon the CUPA and any successor agency that may have responsibility for and jurisdiction over the subject matter of this order. PENALTY 4. The CUPA assesses a penalty of $10,500. Payment of the total penalty of $10,500 is due within thirty (30) days from the effective date of the Order. Respondent's check shall be made payable to City of Bakersfield, Certified Unified Program Agency, and shall identify the Respondent and Docket Number, as shown in the heading of this case. Respondent shall deliver the penalty payment to: Mr. Walter H. Porr, Jr. Deputy City Attorney 6 City Attorney's Office City of Bakersfield 1501 Truxtun Avenue Bakersfield, California 93301 A photocopy of the check shall be sent to: Mr. Ralph Huey Director of Prevention Services City of Bakersfield 1715 Chester Avenue Bakersfield, California 93301 5. This Order is final and effective upon execution by the City and Respondent. 6. "Days" for purposes of this Order means calendar days. Date of ISsuance: August 5, 2002. Mr. ff~l~ Date Director of Prevention Services City of Bakersfield Clark Pest Control, Inc. Date Typed or Printed Name of Respondent's Representative cc: Mr. Walter H. Porr, Jr. Deputy City Attorney City Attorney's Office City of Bakersfield 1501 Truxtun Avenue Bakersfield, CA 93301 STATE OF CALIFORNIA CITY OF BAKERSFIELD CERTIFIED UNIFIED PROGRAM AGENCY In the Matter of: ) Docket No.: 2002-07 ) CLARK PEST CONTROL, INC. ) STATEMENT TO RESPONDENT a California Corporation (C0278599) ) ) Enforcement Order ) ) ) Respondent. ) ) TO THE ABOVE RESPONDENT: An Enforcement Order ("Order") is attached to this statement and is hereby served upon you. The Order has been filed by the City of Bakersfield, Certified Unified Program Agency ("CUPA"). Unless a written request for a hearing signed by you or on your behalf is delivered or mailed to CUPA within fifteen (15) days after you have received a copy of the Order, you will be deemed to have waived your right to a hearing in this matter. If you do not file a timely hearing request, the Order becomes final automatically. The request for a hearing may be made by delivering or mailing one copy of the enclosed form entitled "Notice of Defense" or by delivering or mailing a Notice of Defense as provided in Section 11506 of the Government Code to: Mr. Walter H. Porr, Jr. Deputy City Attorney City Attorney's Office City of Bakersfield 1501 Truxtun Avenue Bakersfield, California 93301 Telephone: (661) 326-3721 The enclosed Notice of Defense, if signed and filed with CUPA, is deemed a specific denial of all parts of the Order, but you will not be permitted to raise any objection to the form of the Order unless you file a further Notice of Defense as provided in Section11506 of the Government Code within fifteen (15) days after service of the Order upon you. If you file a Notice of Defense within the time permitted, a hearing on the allegations made in the Order will be conducted by the Office of Administrative Hearings of the Department of General Services in accordance with the procedures specified in Health and Safety Code section 25187 and Government Code sections 11507, et seq. The hearing may be postponed for good cause. If you have good cause, you must notify CUPA within ten (10) working days after you discover the good cause. Failure to notify CUPA within ten (10) working days will deprive you of a postponement. Copies of Government Code Sections 11507.5, 11507.6 and 11507.7 are attached. If you desire the names and addresses of witnesses or an opportunity to inspect and copy items in possession, custody or control of CUPA, you may contact: Mr. Walter H. Porr, Jr. Deputy City Attorney City Attorney's Office City of Bakersfield 1501 Truxtun Avenue Bakersfield, California 93301 Telephone: (661) 326-3721 Whether or not you have a hearing, you may confer informally with CUPA to discuss the alleged facts, determinations, corrective actions and penalty. An informal conference does not, however, postpone the fifteen (15) day period you have to request a hearing on the Order. An informal conference may be pursued simultaneously with the hearing process. 2 You may, but are not required, to be represented by counsel at any or all stages of these proceedings. INFORMAL CONFERENCE If you wish to discuss this matter with CUPA, an Informal Conference has been scheduled for: Date: Tuesday, August 13, 2002 Time: 10:00 AM Location: Office of Environmental Services 1715 Chester Avenue Bakersfield, California 93301 (661) 326-3979 You may inform CUPA at the conference whether you wish to pursue a formal hearing or waive your right to a formal hearing, as explained below, FORMAL HEARING RIGHTS YOU MUST FILE A WRITTEN REQUEST FOR A HEARING WITHIN FIFTEEN (15) DAYS IF YOU WISH TO HAVE A FORMAL HEARING. S:\CORRESPONDENCE~002-08~StatementToRespondent(Cla~).wpd 3 STATE OF CALIFORNIA CITY OF BAKERSFIELD CERTIFIED UNIFIED PROGRAM AGENCY In the Matter of: ) Docket No.: 2002-07 ) CLARK PEST CONTROL, INC. ) NOTICE OF DEFENSE a California Corporation (C0278599) ) ) Health and Safety Code Section 25187(d) ) ) Respondent. ) ) I, the undersigned Respondent, acknowledge receipt of a copy of the Enforcement Order, Statement to Respondent, Government Code sections 11507.5, 11507.6 and 11507.7, and two copies of this Notice of Defense. I request a hearing to permit me to present my defense to the allegations contained in the Enforcement Order. Dated: (Signature of Respondent) Please Type or Print the Name and Mailing Address of Respondent (Name) (Street Address) (City) (State) (Zip) (Telephone Number) S:\CORRESPONDENCE~002-08~loticeofDefense(Clark).wpd STATE OF CALIFORNIA CITY OF BAKERSFIELD CERTIFIED UNIFIED PROGRAM AGENCY In the Matter of: ) Docket No.: 2002-07 ) CLARK PEST CONTROL, INC. ) NOTICE OF DEFENSE a California Corporation (C0278599) ) ) Health and Safety Code Section 25187(d) ) ) Respondent. ) ) I, the undersigned Respondent, acknowledge receipt of a copy of the Enforcement Order, Statement to Respondent, Government Code sections 11507.5, 11507.6 and 11507.7, and two copies of this Notice of Defense. I request a hearing to permit me to present my defense to the allegations contained in the Enforcement Order. Dated: (Signature of Respondent) Please Type or Print the Name and Mailing Address of Respondent (Name) (Street Address) (City) (State) (Zip) (Telephone Number) $:\CORRESPONDENCE~002-08~NotlceofDefense(Clark).wpd GO~~ CODB 8ectio= i15o7.5. ~olusiv~t~ o~ disoover~ prov~sions The provisions of Section 11507.6 provide the exclusive right to and method of discovery as to any proceeding governed by this chapter. Section 11507.4, Recluest for d~scove~7 After initiation of a proceeding in which a respondent or other party is entitled to a hearing on the merits, a party, upon written request' made to another party, prior to the hearing and within 30 days after service by the agency of the initial pleading or within 15 days after such service of an additional pleading, is entitled to (1) obtain ~he names and addresses of witnesses to the extent known to the other party, including, but not limited to, those intended to be called to testify at the hearing, and (2) inspect and make a copy of any of the following in the possession or custody or under,he control of the other party: " (a) A statement of a person, other ~han the respondent, named in the initial administrative pleading, or in any additional pleading, when it is claimed that the act or omission of the respondent as to such person is the basis for the administrative proceeding; (b) A statement pertaining to the subject matter of the proceeding made by any party to another party or person; (c) Statements of witnesses then proposed to be called by' the patty'and of other persons having personal knowledge of the acts, omissions or events which are the basis for the proceeding, not included in (a) or (b) above; (d) Ail writings, including, but not limited to, reports of mental, physical and blood examinations and things which the party then proposes to offer in evidence; (e) Any other writing or thing which is relevant and which would be admissible in evidence; 5 (I,~3) (f) Investigative reports ~ade by or on behalf of the agency or o~er party pertaining to =he subject ma=car of the proceeding, =o the extent that such reports (1) contain =ha names and addresses of witnesses or of persons having personal knowledge of the ac=s, omissions or events which are the basis for =he proceeding, or (2) reflect matters perceived by the investigator in the course of his or her investigation, or (3) contain or include by attachment any statement or writing " described in (a) to (e), inclusive, or summary thereof. For the purpose of this section, "statements" include written statements by the person signed or otherwise authenticated by him or her, stenographic, mechanical, electrical or other recordings, or transcripts thereof, of oral statements by the person, and written reports or summaries of such oral statements. Nothing in ~h~s section shall authorize the inspection or copying of any writing or thing which is privileged from disclosure by law or otherwise made confidential or protected as the attorney's work product. (g) In any proceeding under subdivision (i) or (j) of Section 12940, or Section 19572 or 19702, alleging conduct which constitutes sexual harassment, sexual assault, o= sexual battery; evidence of specific instances of a complainant's sexual conduc~ with individuals other than the alleged perpetrator' is not discoverable unless it is to b~'offered at a hearing to attack the credibility of the complainant as provided for under subdivision (j) of Section 11513. This subdivision is intended only to limit the scope of discovery; it is not intended to effect the methods of discovery allowed under this section. Section' 11507.7. Petition to compel discovery; Order; Sanctions (a) Any party claiming his request for discovery pursuant to Section 11507.6 has not been complied with may serve and file a verified petition to compel discovery in the superior court for the county in which the administrative hearing will be held, naming as respondent the party refusing or failing to comply with Section 11507.6. The petition shall state facts showing the respondent party failed or refused to comply with Section 11507.6, a description of the matters sought to be discovered, the reason or reasons why such matter is discoverable under this section, and the ground or grounds of respondent's refusal so far as known to petitioner. (b) The petition shall be served upon respondent party and fi~ed within 15 days after the respondent party first evidenced his failure or refusal to comply wi=~ Section 11507.6 or within 30 days after request was made and the party has failed to reply =o the request, whichever period is longer. However, no petition may be filed within 15 days of the date set for commencement of the administrative hearing except upon order of t/~e court motion and notice and for good cause shown. In acting upon such motion, the court shall consider the necessity and reasons for such discovery, the diligence or lack of diligence of the moving party, whether the granting of the motion will delay the commencement of the administrative hearing on the date set, and the possible prejudice of such action to any party. (c) If from a reading of the petition the court is satisfied that the petition sets forth good cause for relief, the court shall issue an order to show cause directed to the respondent par~y; o~herwise t.h~ cour~ shall enter an order denying the petition. The order to show cause Shall be served upon the respondent and his attorney of record in' the administrative proceeding by personal delivery or certified mail and shall be returnable no earlier than 10 days from its issuance nor later than 30 days after the filing of the petition. The respondent party shall have the right to serve and file a written answer or other response to the petition and order to show cause. (d) The court may in its discretion order the administrative proceeding stayed during the pendency of the proceeding, and if necessary for a reasonable time thereafter to afford the parties time to comply with the court order. (e) Where the matter sought to be discovered is under the custody or control of the respondent party and the respondent party asserts that such matter is not a discoverable matter under the provisions of Section 11507.6, or is privileged against disclosure under such provisions, the court may order lodged with it such matters as are provided in subdivision (b) of Section 915 of the Evidence Code and examine such matters in accordance with the provisions thereof. (f) The court shall decide the case on the matters examined by the court in camera, the papers filed by the parties, and such oral argument and additional evidence as the court may allow. (g) Unless otherwise stipulated by the parties, the court shall no later than 30 days after the filing of the petition file its order denying or granting the petition, provided, however, the court may on its own motion for good cause extend such time an additional 30 days. The order of the court shall be in writing setting forth the matters or parts thereof the petitioner 7 is 'entitled Co dlscovsr under Section 11507.~. A cop7 of the order shall forthw£t~ be served by mall by the clerk upon the par~ies. Where the order 9Tents the petition in whole or in par~, such order shall not become e£fective until 10 days a£ter the date the order is served by ~he clerk. Where the order denies relief =o the petitioning par~y, =he order shall be effective on ~he date it is served by the clerk. (h) The order of the superior cour~ shall be final and no= subject =o review by appeal. A party ag~ieved by such order, or any pa~ ~ereof, may wi~in 15 days after =he se~ice of =he superior co~'s order se~e and file in =he dis=ri== cou~ of appeal for ~e dis=ri== in which ~he superior court is located, a peri=ion for a ~i= of mand~us ~o compel ~e superior co~= =o se= aside or o~e~ise m~ify its order. ~ere such review is sough= from an order ~an=ing discove~, ~e order of the ~ial co= and ~e a~inis~a=ive proceed~g shall be s~yed u~n ~e filing of ~e pe~i~ion for ~i= of ~nd~us, provide, however, ~e co~ of appeal ~y dissolve or m~ify ~e stay ~ereaf=er if i= is in~e p~lic interest to do so. ~ere such review is sough= from a denial of discove~, nei~er ~e ~rial couP's order nor ~e a~inis~ative proceeding shall be stayed by ~he cou~ of appeal except upon a clear showing of probable (i) ~ere ~e superior co~t finds ~at a pa~y or his at=o~ey, wi=hou~ s~stantial Justification, failed or refused to. comply wi~ Section 11507.6, or, wi~out.s~stantial Jus=ifAcation, filed a peri=ion to compel discove~pursuan= =o this section, or, wi~ou= s~stan=ial Jus~ification, failed to · comply wi~h any order of co~t made p~suant to this section, ~e court may award co~t costs and reasonable attorney fees to the opposing party. 'Nothing in =his su~ivision shall limit =he power of =he superior court =o compel obedience to its orders by contempt proceedings. Laboratorie nc. Page 1 CITY OF BAKERSFIELD Date Reported: 07/15/2002 1715 CHESTER SUITE 300 Date Received: 06/28/2002 BAKERSFIELD, CA 93301 Laboratory No: 02-06657 ATTN: HOWARD WINES 326-3979 Sample Descriptions: 02-06657-1 CLARK, 0206281-1, 06/28/2002, A.WEST,T.RYAN 02-06657-2 CLARK, 0206281-2, 06/28/2002, A.WEST,T.RYA-N Attached are the results from Aquatic Testing Laboratories. All result listed in this report are for the exclusive use of the submitting party, BC Laboratories, Inc. assumes no responsibility for report alteration, detachment or third party interpretation. 4100 Atlas Court * Bakersfield, CA 93308 * (661)327-4911 * Fax(661)327-1918 * www.bclabs.com ]ONTRACT CHAIN OF CUSTODY Page 1 Subcontract Lab: AQUATIC TESTING LABORATORIES (AQTCT) 4350 TRANSPORT ST. ~107 VENTURA, CA 93003 Attn: JOSEPH A. LeMAY, LAB DIRECTOR Phone: 805-650-0546 FAX: 805-650-0756 Report To: BC Laboratories 4100 Atlas Court Bakersfield, CA 93 Attn: ~~ ~ Phone: 661-327-4911 Bill To: BC Laboratories 4100 Atlas. Court Bakersfield, CA 93308 Attn: Accounts Payable TAT: ~~ Sample Sample Sample Samp Requested Tests Sample ID Matrix Bottle Date Time 01 02-06657-1 Sludge, Li 80Z JAR 06/28/02 X 02-06657-2 Sludge, Li 80Z JAR 06/28/02 X Requested Tests Legend '01 HZ-FISH-TOX Note: Please do not subcontract any test without obtaining approval from an authorized representative of BC laboratories. ~ ~~~ Date/Time/ Relinquished By: Relinquished By: Received By: Relinquished By: Received By: Relinquished By: Received By: Certified Analytical Report Cover - Page 1 of 1 Laboratorie nc. Cover Report CITY OF BAKERSFIELD 1715 CHESTER SUITE 300 Project Number: BAKERSFIELD, CA 93301 COC Number: Attn: HOWARD WINES BCL Number: 02-06657 Dear Mr. Wines: This report contains the analytical results for the samples received under chain of custody by BC Laboratories, Inc. The samples were logged into the Laboratory Information Management System (LIMS) and BC Lab numbers were assigned to each sample. The result of the temperature check, condition of the samples and any other discrepancies were recorded on the cooler receipt form. All applicable quality control procedures met method-specific acceptance criteria, except as noted on the following analytical and quality control reports. This report shall not be reproduced except in full, without written approval of the laboratory. California DOHS Certif_ication #1186 ^uthorized Signature All result lisned in this report are for the exclusive use of the submitting party, BC Laboratories, Inc. assumes no responsibility for report alteration, detachment or third party interpretation. 4100 Atlas Court * Bakersfield, CA 93308 * (661)327-4911 * Fax(661)327-1918 * wvav.bclabs.com Printed 07/31/2002 11:07:30 02-06657 Laboratories, Inc. Chain. of Custody Form Attn: ~a~' ~1'~ ~ Project Name: ~L~'/_~/:~.~ ~omments: Street Address: ~1~ C~ ~ ~Pr~ect Code: C i~, State, Zip: ~5~C~ ~ ~, t Sam~ier(s): ~~ Phone:~ ~ Fax:~ O~ ]~~ EmailAddress: ~,n*~a,,k~dJ~n.~.{ q~-o{ll ~oo~ C~ll ~ r .~,d~ ...tz~x ) SaEpleMat~ix ~ ~e there any tests ~th holding times less than Submittal g: OZ --O1,':~5~ I -- ~' ~m~<,J ~'~. ~ or equal to 48 hours? II1' i11/I: "l~~,"~ffi~ __ __~_ ','',' -I ~ ~ ~ I ~.. = .=~ ~'~'-°=~ =~, Other ~=~" *Standard Turnaround = 15 work daySNotes '--I C~B~ DISTribUTION I~ I I I ~ ~me ~ ~ove ~e,ort..~.~.~ s.~.~ m~.o.~ Soeci~l,e,o"~., ~s~ ~Y/ 5'' ~a~' ~ Time " 2.~=eived By ~ ~ Date Time CiW: State~ Zip ca?SendC°pyt°Smte°f ~' / Attn:po~: ~ Yes ~ No 3. Relinquished By ~ Date ~ Time 3. ~ec~d By - ~ Da~ - Time BC Laborato~es, Inc. - 4100 At~s Ct. -BakersfieM, CA 93308- 661.327.4911 -F~: 661.327.1918- www.bc~bs, com Chain of Custody Form Completion Ins ru tions ~ac~ Laboratori;s,I~c.e Chain of Custody Form ~ ~--thisp ..... 'sattcntion Project Name: ~ Enter project / / / / / / / / / / /Comments: xm ....... plcte Attn: v ' information ] / / / / / /~ / / / ] thisfieldt ........ ' ' ' - ..... prapcrinvoicing .y. tate, / / / Fax: - ~ [ t~~o~~ , }; [Checktheappropriat .... pie Phone: Email Address: Submittal ~: - ' ~ ~ ~ - ~ ~ ~ a ~ ~ ~Othcr ~ Notes Enter sampl~ late f ~ I ] and times ' ~ Enter sample description. Please ~ ~ Check for standard veri~ that sampledescripti6ns andI ,~ ,. ~ turnaround dat .... tch the like information ]~ ~ ",;~ on respective sainple containers I I [. ,. ~, ~ convey any special [ I "~.. ~ informati ....... has ( ' sample hazards and/ur I I ,~ . non-standard Check the appropriate I ] ] / box to indicate snecial / / ~ ~ ~ Sflme as flbove Wa~ State Form? ~R ......... Client isposal by lab ~ Archive: Month ........ ~WIP Client: ~ Yes - ~ No 1. Relinquished By ¢ Date Time I. Received By Date 'rime Send Cnpy to State of 2. Relinquished By [Date ]Time 2. Received By ]Date [Time City: State ~ Zip CA? Attn: ~ Yes ~ No ' 3. Relinquished By Date Time 3. Received By Date Time BC Laboratories, Inc. - 410OAths O. - Bakersfield, CA 93308 - 661.327.4911 - F~: 661.327.1918 - www.bc~bs.com Analysis Legend Method Constituent(s) Method Constituent(s) 8020~8021 BTE~MTBE by GC 305.1 Acidity 8015M-D Diesel Range Extractable Organices 310.1/2320B Alkalinity 8015M-G Gasoline Range Purgeable Organtics 300.0 Bromid% Nitrate, Sulfat% Chloride 8015M-FFP TPH-Fuels 415.1 Total Organic Carbon 8015M-CC Carbon Chain Breakdown Extractable Fuels 330.3~ 330.4 Residual Chlorine 8080A-Pest Organo-Chlorine Pesticides 7196A Hexavalent Chromium 8081-Pest Organo-Chlorine Pesticides 110.2 Color 8082-PCBs Poly-Chlorinated Biphenyis 120.1 Electrical Conductivity 8140/8141 Organo-Phosphorus Pesticides 335.1 ~anide ~enable to Chlorination 615 Chlorinated Herbicides 335.3/9012 Total ~anide ~I50B Chlorinated Herbicides 335.4 Total ~anide 8151A Chlorinated Herbicides 1010 Flashpoint (PMCC) 601 Volatile Halogenated & Aromatics Compounds 340.2 Fluoride by ion selective electrode 624 Volatile Halogenated & Aromatics Compounds 425.1 MBAS (foaming agents) 8240B Volatile Halogenated & Aromatics Compounds 350.1 Ammonia as N or NH3 ' 8260B Volatile Halogenated & Aromatics Compounds 353.2 Nitrate as N or as NO3 or Nitrite plus Nitrate as Nitragen 625 ~ Base Neutral/Acid Extractables 351.2 Total ~ieldahl Nitrogen and/or Organic Nitrogen 8270C ~ Base Neutral/Acid Extractables 140.1 Odor 610/8310 ~ Polynuclear Aromatic Hydrocarbons 5210B Biochemical Oxygen Delnand (BOD) 632 : Carbamates (diuron) 410.2 Chemical O~gen Demand (COD) 504.1 EDB~BCP/1,2,3-TCP 410.4 ~ Chemical O~gen Demand (COD) 508 C · Organo-Chlorinated Compounds 360.1 '-- Dissolved O~gen 524.2 Volatile organic Chemicals 150.1/9040B pH 525.2 Synthetic Organic Chemicals by GCMS 420.2 Phenols 413.1 i Oil and Grease (Gravimetric) 365.1 Ortho-Phosphate as P or PO4 413.2 Oil and Grease (Infrared) 365.4 Total Phosphorus 418.1 Total Recoverable Petroleum Hydrocarbons 160.1 Total Dissolved Solids 1664 Extractable Material HEM/SGTHEM 160.2 Total Suspended Solids Title 22 CCR 66261 Organic Lead 160.3 Total Solids C~4 17 Metals Total Metals (STLC as ueeded) 160.4 Volatile Solids STLC Metals ~ 48 hr CAM Extractable Metals 160.5 Settleable Solids TCLP Metals i 18 hr RC~ Extractable Metals 376.1 Total or Dissolved Sulfide Dissolved Metals Filtered and acidified metals 376.2 Total or Dissolved Sulfide 200.7 ICP Metals 180.1 Turbidity 200.8 ICP/MS Metals ~ SM 9223B Coliform Total plus E. coli (Colile~) 200.9 GF~ Metals Total SM 9221B Total Coliform (M~) 6010 ICP Metals Fecal SM 9221E Fecal Coliform (MTF) 3114B-As/Se GH~ Metals SM 9215B i Heterotrophic Plate Count Constituent list or target anal~e list (TAL) must be specified. Please refer to the BC Laboratories, Inc. Schedule of Fees for group testing suites and for a complete testing list. Methods denoted in hold indicate test that have short holding times. (~ 48 hours) BC LABORATORIES INC. SAMPLE RECEIPT FORM Submission #: O~.- SHIPPING INFORMATION~ SHIPPING CONTAINER Federal Express D UPS ~ Hand Delivery~ Ice Ches~,~_ ,,_~N°ne ~ BC Lab Field Sewice ~ Other ~ (Specify). Box D Other ~ topec,,y; Refrigerant: Ic~__ Blue Ice ~ None ~ Other ~ Comments: Custody Seals:[~ J~,,, ~ ~~ None~ Comments: All samples received? Yes COC Received ~ce Chest ID ' Temperature: ~oC COntainer ~ YES ~ NO The~ometer ID: , QT GENE~L MINERAL/GENERAl. PHYSICAL ~ PE UNPRESERVED QT INORGANIC CHEMICAL METALS PT INORGANIC CHEMICAL METALS PT CYANIDE ~ NITROGEN ~RMS ~ ~TAL SULFIDE ~0z. NIT~TE / NITR~E I~ml TOTAL ORGANIC CARBON ~T TOX ~ CHEMICAL OXYGEN DE.ND I~ml PHENOLICS ~ VOA VIAL ~VEL BLANK ~0~ VOA VIAL VOA SET PT ODOR ~DIOLOGICAL BA~ERIOLOGICAL ~ EPA ~4 QT EPA ~08/608/8080 ~T EPA 5~5 T~VEL BLANK l~ EPA ~7 ~T EPA ~8 ~T EPA ~9 QT EPA 801tim QT AMBER 32 OZ. JAR SOIL SLEEVE PCB VIAL PLASTIC BAG Comments: Sample Numbering Completed ay: ~C~ Date/Time: '//I C}ul'O [H:\DOCS~WPS0\LAB_DOCS\FORMS\SAMREC2.WPD] Certified Analytical Report Page 1 of 1 Laboratories, Inc CiTY OF BAKERSFIELD 1715 CHESTER SUITE 300 BAKERSFIELD, CA 93301 Attn: HOWARD WINES Total Concentrations (TTLC) COC Number ~ Receive Date/Time 06/28/2002 @ 16:41 Project NumberI--- Sampling Date/Time 06/28/2002 Sampling Location --- Sample Depth --- Sampling Point 0206281-1 Sample Matrix Sludge, Liquid Type iii: Non-filterable, Sampled By A.WEST,T.RYAN Title 2.2 Waste Type non-millable sludge. BCL Sample ID 02-06657-1 Antimony I < PQL mg/kg ~ 1 I 0.08 I SW-6010 ~ 07/05/02 07/09/02 !21:00 ~ JCC TJA61E 0.197 167-102428 ND Arsenic/ < PQL ! mg/kg I 0.1 i 0.05 I SW-6010 i07/05/02 107/09/02 121:00~ JCC ! TJA61E i 0.197 167-102428 ND Barium '{ 0.16 !i mg/kg I 0.1 i 0.014 !SW-6010 !07,05,02 i07/09/02 121:001 JCC ITJA61E t_0.197 167-102428 ND Beryllium I <PQL I mg/kg t 0.1 l 0.014 i SW-6010 !07/05/02 07/09/02 121:00 [ JCC I TJA61E 0.197 167-102428 ND Cadmium i < PQL -[ mg/kg 1 0.1 0.013 SW-6010 07/05/02 07/09/02 121:00 JC¢ TJA61E 0.197 167-102428 ND Chromium < PQL I mg/kg 0.1 0.038 SW-6010 07/05/02 07/09/02 21:00 JCC TJA61E 0.197 167-102428 ND 0.5 0.017 07/05/02 07/09/02 21:00 JCC TJA61E 0.197 167-102428 Cobalt < PQL mg/kg SW-6010 ND Copper _ 0.2 rog/kg 0.1 0.07 SW-6010 07/05/02 07/09/02 21~.'00 JCC TJA61E 0.197 167-1024_28 ND Lead < PQL rog/kg 0.5 0.02 SW-6010 07/~05/02 07/09/02 21:00 JCC TJA61E 0.197 167-102428 ND Mercury < PQL mg/kg 0.01 0.0017 SW-7471 07/09/02 07/11/02 10:30 PAP LDCl 0.0625 166-100648 0.19 Molybdenum <PQL rog/kg 0.5 _ 0.03 SW-6010 07/05/02 07/09/02 21:00 JCC TJA61~E 0.197 167-102428 ND Nickel <PQL i rog/kg [ 0.5 i 0.022 SW-6010 07/05/02 07/09/02 21:00 OCC _TJAelE 0.197 167-102428 ND Selenium __ < PQL ~ rog/kg 0.~11 0.04 SW-6010 07/05/02 07/09/02 21:00 JCC TJA61E 0.19~7 167-102428 ND Silver _ < PQL rog/kg t 0.2 ~ 0.012 SW-6010 07/05/02 07/09/02 21:00 JCC TJA61E 0.197 167-102428 ND Thallium < PQL ~mg/kg 1 0.2 SW-6010 07/05/02 07/09/02 21:00 JCC TJA61E 0.197 167-102428 ND Vanadium < PQL rog/kg 0.1 0.011 SW-6010 07/05/02 07/09/02 21:00 JCC TJA61E 0.197 167-102428 ND Zinc 0.51 rog/kg 0.5I. 0.087 SW-6010 07/05/02 07/09/02 21:00 JCC .TJA61E 0.197 167-102428 ND California DOHS Certification #1 186 All results listed in this report are for the exclusive use of the submitting party. BO Laboratories, Inc. assumes no responsibility for report alteration, separation, detachment or third party interpretation. Printed 07/31/2002 11:22:47 4100 Atlas Court * Bakersfield, CA 93308 * (661) 327-4911 * Fax (661) 327-1918 * www. bclabs.com 02-06657-1 Certified Analytical Report Page 1 of 1 Laboratories, Inc CITY OF BAKERSFIELD 1715 CHESTER SUITE 300 BAKERSFIELD, CA 93301 Attn: HOWARD WINES Total Concentrations (TTLC) COC Number ~ Receive Date/Time 06/28/2002 @ 16:41 Project Number Sampling Date/Time 06/28/2002 Sampling Location --- Sample Depth --- Sampling Point 0206281-2 Sample Matrix Sludge, Liquid Type iii: Non-filterable, Sampled By A.WEST,T.RYAN Title 22 Waste Type non-millable sludge. BCL Sample ID 02-06657-2 Antimony_ < PQL mo/kg I 5 I 0.4 SW-6010 07/05/02 07/09/02 21:06 JCC TJA61E 0.99 167-102428 ND Arsenic 4.2 mo/kg 0.5 0.3 SW-6010 07/05/02 07/09/02 21:06 JCC TJA61E 0.99 167-102428 ND Barium_ 300 mo/kg 0.5 0.069 SW-6010 107/05/02 107/09/02 21:06 I JCC TJA61E 0.99 167-102428 ND Beryliiu~m < PQL _ mo/kg 0.5 I 0.069 I SW-6010 07/05/02 ~ 07/09/02 21:06 JCC TJA61E 0.99 167-102428 ND Cadmium 3.0 mo/kg 0.5 0.063 SW-6010 07/05/02 07/09/02 21:06 JCC TJA61E 0.99 167-102428 ND Chromium 36 mo/kg 0.5 0.19 SW-6010 07/05/02 07/09/02 21:06 JCC TJA61E 0.99 167-102428 ND Cobalt 3.6 mo/kg 2.5 0.084 SW-6010 07/05/02 07~09~02 21:06 JCC TJA61E 0.99 167-102428 ND Copper 150 mo/kg 0.5 0.4 SW-6010 07/05/02 07/09/02 21:06 JCC TJA61E 0.99 167-102428 ND Lead 39 mo/kg 2.5 0.08 SW-6010 07/05/02 07/09/02 21:06 JCC TJA61E 0.99 167-102428 ND Mercury < PQL mo/kg 0.2 0.022 SW-7471 07/09/02 07/11/02 10:30 PAP LDC1 0.845 166-100648 2.5 Molybdenum I 5.1 mo/kg 2.5 I 0.2 ISW-6010 /07/05/02 107/09/02 21:061 JCC I TJA61E 0.99 167-102428 ND Nickel 22 I mo/kg i 2.5 10.11 [SW-6010[, 07/05/02 ~~1:06 JCO 'TJA61E 0.99 1167-102428 , ND TJA61E 0.99 167-102428 ND Selenium I 0.8 mo/kg 0.5 / 0.2 SW-6010 07/05/02 I 07/09/02 21:06 JCC Silver __ < PQL mo/kg 1I 0.057 SW-6010 07/05/02 07/09/02 21:06 JCC TJA61E 0.99 167-102428 ND Thallium < PQL mo/kg I 5 0.8 SW-6010 07/05/02 07/09/02 21:06 JCC TJA61E 0.99 167-102428 ND Vanadium _ 23 mo/kg 0.5 0.053 SW-6010 07/05/02 07/09/02 21:06 JCC TJA61E 0.99 167-102428 ND Zinc 640 mo/kg 2.5 0.44 SW-6010 107/05/02 107/09/02 21:06 JCC TJA61E 0.99 167-102428 ND California DOHS Certification #1186 All results listed in this report are for the exclusive use of the submitting party. BC Laboratories, Inc. assumes no responsibility for report alteration, separation, detachment or third party interpretation. Printed 07/31/2002 11:22:59 4100 Atlas Court * Bakersfield, CA 93308 * (661) 327-4911 * Fax (661) 327-1918 * www. bclabs.com 02-06657-2 LABORATORY REPORT Aquatic ~ Testing Date: July 14, 2002 Laboratories 'dedicated to providing quality aquatic toxicity testing Client: BC Laboratories 4350 Transport Street, Unit 107 4100 Atlas Court Ventura, CA 93003 Bakersfield, CA 93308 (805) 650-0546 FAX (805) 650-0756 Attn: Corrie Sahlstrom CA DOHS ELAP Cert. No.: 1775 Laboratory No.: A-02070803-001/002 Sample I.D.: 02-06657-1/2 Sample Control: The samples were received by ATL in a chilled state, with the chain of custody record attached. Date Sampled: 06/28/02 Date Received: 07/08/02 Date Tested: 07/09/02 - 07/14/02 Sample Analysis: The following analyses were performed on your sample: CCR Title 22 - Fathead Minnow Hazardous Waste Screen Bioassay (Polisini and Miller 1988). Attached are the test data generated from the analysis of your sample. Result Summary: Sample ID. Results 02-06657-1 PASSED (LC50 > 750 rog/l) 02-06657-2 FAILED (LC50 < 400 mg/1) Quality Control: Reviewed approved by: Laboratory Director This report pertains only to the samples investigated and does not necessarily apply to other apparently identical or similar materials. This report is submitted for the exclusive use of the client to whom it is addressed. Any reproduction of this report or use of the Laboratory's name for advertising or publicity purpose without authorization is prohibited. SCREEN BIOASSAY TEST S~Y ~ies: Pi~p~es p~l~. ~ce: ~s Fish. Fish 1~ (~): av:~; ~: ~O; ~: ~] ~ ~te fish ~cei~: Fish ~ight (~): av: ,~%~ ~: ,~ ; ~:~. R~atio~: ~ Title 22. Test ~t~l: ~if. F~/~ 1988. ~~ts: Test t~: Static. T~t~e: 20 +/- 2° C. Test ~ ~1~ 10 1. ~ of repli~tes: 2. ~g ~: Me~c~ s~g. ~ of fish ~ ~: 10. ~cl~tion/~lution ~ter: ~c~titut~ soft ~ter. Water ~ess: 40-48 ~/1 ~. ~ti~: S~gle ~le ~gh ~-~ t~. ~ ~t~ No. TEST DATA ~T~ 24 ~ 48 ~ 72 ~ts: CONTROL KIGH CON--ON Total Number Dead Alkalin. F~]nes s AlkalLn. !~"dness CONI~OL ~.~ /20 ~itia~ 3 ! m~/~ ¢,~ m~/~ ~ ~/~Z/& m~/~~00 .~/~ ~ p. 0 F~ ~ ~ ~/~ q~ ~/~ 3 i ~/~ ~ ? ~/~ 7~o ~/~ ~ /~o RESETS : ~THEAD MINNOW HAZARDOUS WA~E SCREEN BIOASSAY TEST SUMMARY Species: Pin~p-hales prcmelas. Source: Thcmas Fish. Fish length (r~n): ay: '~0 ; rain: ~L-) ; max: f ! ~ · Date fish received: ~-~-6)~, . Fish weight (gm): av: . gg 2 min: , ~ ; max: ,5%' · Regulations: CCR Title 22. Test Protocol: Calif. F&G/DOF~ 19~8. En_~d~o_ ints: LCS0 at 96 hrs. Test type: Static. Temperature: 20 +/- 2° C. Test chamber volume 10 1. ~mber of replicates: 2. Mixing method: Mechanical shaking. Fkr~ber of fish per chamber: 10. Acclimation/dilution water: Reconstituted soft water. Water hardness: 40-48 rog/1 CaC~. Aeration: Single b3bble through narrow-bore tube. QA/QC Batch No. :/~,7~2~)~ )~ . TEST DATA INITIAL 24 Hr 48 Hr 72 Hr 96 Hr ~ts: CONTROL HIGH CON--ON Total Number Dead A!kalin. Hardness Alkalin. Hardness CONTROL /20 Initial ~[ mg/1 ~-m~/1 3c) mg/1 /~ m~/1 400 rog/1 ~/ /20 ~'tr~ ~rf,/' ~/:'q~, ~/:. ~ ~/'t .--- ~/'t 7so ~/z % 0/20 RESULTS Certified Analytical Report Page 1 of 2 Laboratories, Inc CITY OF BAKERSFIELD 1715 CHESTER SUITE 300 BAKERSFIELD, CA 93301 Attn: HOWARD WINES Organic Analysis in Drinking Water by Liquid Solids Extraction (EPA Method 525.2) COC Number I--- Receive Date/Time 06/28/2002 @ 16:41 Project Number --- Sampling Date/Time 06/28/2002 Sampling Location --- Sample Depth --- Sampling Point 0206281-1 Sample Matrix Sludge, Liquid Sampled By A.WEST,T.RYAN BCL Sample ID 02-06657-1 Acenaphthylene ~ < PQL ug/L 0.1 0.0239 525.2 07/03/02 ' 07/12/02 Anthracene ; <PQL ug/L 0.1 0.0291 525.2 ~-~12/02 ~ Benzo[a]anthracene 4 <POL __ug/L 0.3 { 0.1138 525.2 07/03/02 07/12~ ~ Benzo[b]fluoranthene ~ ~Q~ ug/L 0.3 I 0,1112 525.2 ~_07/03/02- ~ ) Benz°[klflu°ranthene i < PQL ug/L 0.3 0.0803} 525.2 .[07/03/02 07/12/0_21 Benzo[a]pyrene , <PQL I ug/L i 0.1 , 0.0481 I 525.2 107'03'02 07/12'02 !___~ I Benzo[g,h,i]perylene ~ < PQL ' ug/L { O.310.O493 f 525.2107'03/02 07/12/02 Benzyl butyl phthalate _} 4.4 ug/L 2./ [1.1842 525.2 07/03/02 07/12/02 I delta-BHC < PQL ug/L ' 0.2 0.0158 525.2 07/03/02 07/12/02 gamma-BHC (Lindane) , 35 ug/L I 0.5 0.0149 52~5.2~ 07/03/02~ 07/12/02 A09 Chrysene < PQL ug/L 0.3 0.0939 525.2 07/03/02 07/12/02 00:5 Dibenzo[a,h]anthracene <PQL ug/L t 0.3 0.0252 525.2 07/03/02 I 07/12/02 Di-n-butyl phthalate ' < PQL ug/L 1. 1 0'2935 525.2 07/03/02 07/12/02 __ Dimethyl phthalate T < PQL ug/L ~ 1. 0.0233 525.2 07/03/02 07/12/02 _ -- -- Hexachlorobenzene I < PQL t ug/L '1 0.1 0.0094 525.2 07/03/02' 07/12/02 Hexachlorocyclopentadiene T < PQL ug/L~- 1. 0.5 525.2 07/03/02 07/12/02 --__ -- ne I < PQL I 0.3- Indeno[1,2.3-cd]pyrene ~_ ,: __ ug/L 0.1641 525.2 07/03/02 07/12/02 ~ } 0~_iI 0.0112 525.2 07/03/02 07/12/02 Phenanthren, ~ -[ -~ ug/L 4. 0.1_ _--0.0612 525,2 07/03/02 07/12/02 -- Alachlor < PQL ~ 0.2 . 0.124~2 525.2 07/03/02 07/12/02 __ _-- __ All results listed in this report are for the exclusive use of the submitting party. BC Laboratories, Inc. assumes no responsibility for report alteration, separation, detachment or third party interpretation. Printed 07/30/2002 10:35:28 4100 Atlas Court * Bakersfield, CA 93308 * (661) 327-4911 * Fax (661) 327-1918 * www. bclabs.com 02-06657-1 Certified Analytical Report Page 2 of 2 Laboratories, Inc Organic Analysis in Drinking Water by Liquid Solids Extraction (EPA Method 525.2) Sample Description ICLARK, 0206281-1, 06/28/2002, A.WEST,T.RYAN Atraton I < PQL ~ ug/L I 0,2 I 0.1879 'I 525.2 107/03/02 107/12/02 I I Atrazir~e I < PQL I ug/L ! 0.3 i 0.2177 j 525.2 [07/03/02 i 07/12/02 I I t Diazinon I 43 j ug/L 1.0 0.1142 t 525,2 07/03/02 i 07/12/02 -- ' A0 Di(2-ethylhexyl)adipate -- [ < PQL } ug/L I 1. '! 0.1164 T 525.~2 07/03/02 !07/12/02 Di(ethylhexyl) phthalate (DEHP) 30 I ug/L 20 0,1261 ~ 525.2 07/03/02 07/12/02 A09 Dimethoate < PQL ug/L 2. 0.2152~ 525.2 07/03/02 07/12/02 !Methoxychlor < PQL ug/L 0.5 0.0760 I 525.2 07/03/02 07/12/02 Metolachlor < PQL ug/L 0.2 0.1767 525.2 07/03/02 07/12/02 Metribuzin < PQL ug/L 0.2 0.2529 525,2 07/03/02 07/12/02 Molinate < PQL ug/L 0.1 0.2075 525.2 07/03/02 07/12/02 Prometon < PQL ug/L 0.2 0.2271 525.2 07~03~02 07/12/02 Prometryn I < PQL ug/L ~0.2 i 0.2682 ~_525.2 07/03/0~2 07/12/02 i - Secbumeton I < PQL ug/L 0.2 0.1879 525.2 I 07/03/02 07/12/02 Simazine __ < PQL ug/L 0.3 0.2079 525.2 07/03/02 07/12/02 Terbutryn _ < PQL ug/L 0.2 0.2587 5_25.2 07/03/02 07/12/02 __ Thiobencarb < PQL ug/L 0.2 0.1662 525.2 07/03/02 07/12/02 Perylene-d12 94 % 65-145 525.2 07/03/02 07/12/02 ~ I Flag I Explanations A~0-9-- __ ~ were raised due to high concentration of target analytes requiring sample dilution. IQ03 IMatrix spike recovery is not within the control limits. California DOHS Certification #1186 All results listed in this report are for the exclusive use of the submitting party. BC Laboratories, Inc. assumes no responsibility for report alteration, separation, detachment or third party interpretation. Printed 07/30/2002 10:35:28 4100 Atlas Court * Bakersfield, CA 93308 * (661) 327-4911 * Fax (661) 327-1918 * www. bclabs.com 02-06657-1 Certified Analytical Report Page 1 of 2 Laboratories, Inc CITY OF BAKERSFIELD 1715 CHESTER SUITE 300 BAKERSFIELD, CA 93301 Attn: HOWARD WINES Organic Analysis in Drinking Water by Liquid Solids Extraction (EPA Method 525.2) COC Number I--- ~Receive Date/Time 06/28/2002 @ 16:41 Project Number --- ISampli_ng Date/Time 06/2~ Sampling Location ~& IS ample Depth --~-~;n k Wate Sampling Point VEL BLANK ISample Matrix r Sampled By A.WEST,T.RYAN BCL Sample ID 102-06657-1 Acenaphthylen~e ___ < PQL ug/L 0.1 I 0.0239 525.2 Anthracene < PQL ug/L 0.1 / 0.0291 525.2 Benzo[a]anthracene < PQL ug/L 0.3 0.1138 525.2 07/12/02 Benzo[b]fluoranthene < PQL ug/L 0.3 i 0.1112 525.2 -B; ~lZ~ik~fl uo rant he ne <PQL ug/L 0.3 0.0803 525.2 [07/05/02107/12/02~ Benzo[a]pyrene < PQL ug/L 0.1 0.0481 ~ Benzo[g,h,i]pe.lene < PQL ug/L 0.3 0.0493 525.2 07/05/02 Benzyl butyl phthalate < PQL ug/L 2. 1.1842 ~ 07/05/02 I 0Z/12/02 [ I I , delta-BHC <PQL ug/L 0.2 0.0158 ~.2 07/05/02 07/12/0~ gamma-BHC (Lindane) <PQL ug/L 0.1 0.0149 525.2 ~ 07/05/02 Chwsene < PQL ug/L 0.3 0.0939 5~.2 ~07/05/02 ~07/1~02 ~ ~~~ ~0~ Dibenzo[a,h]anthracene <PQL ug/L 0.3 0.0252 ~.2 ~05/02 07/12/02 ~ -~ _ Di-mbutyl phthalate < PQL ug/L 1. 0.2935 ~ Dimethyl phthalate < PQL ug/L 1. 0.0233 ~ ~0~02 ~07/12/02 } } ~ _~_ Fluorene <PQL ug/L 0.1 0.0129 ~ Hexachlorobenzene <PQL ug/L 0.1 0.0094 525.2 ~02~7/12/0~ Hexachlorocyclopentadiene <PQL ug/L 1. 0.5 ~ ~~7/12/0~ ~~- Indeno[1,2,3-cd]pyrene < PQL ug/L 0.3 0.1641 525.2 ~/0~~~ ~ I Phenanthrene <PQL ug/L 0.1 0.0112 ~ ] 07/05/~ ~ 07/12~2 ~ ~ I Alachlor <PQL ug/L 0.2 0.1242 %~~~ ~/02 All results listed in this mpo~ are for the exclusive use of the submitting pa~y~ BC Laboratories, Inc. assumes no responsibility for repo~ alteration, separation, detachment or third pa~y inte~retation. Printed 07/30/2002 10:35:03 4100 Atlas Coud * Bakersfield, CA 93308 * (661) 327~911 * Fax (661) 327-1918 * ~.bclabs.com 02-06~57-1TB Certified Analytical Report Page 2 of 2 Laboratories, Inc Organic Analysis in Drinking Water by Liquid Solids Extraction {EPA Method 525.2) CLAP, K, TRAVEL BLANK, 06/28/2002, A.WEST,T. RyAN Atraton < PQL ug/L 0.2 0.1879 525.2 07/05/02 07/12/02 __ _ Atrazine < PQL ug/L 0.3 0.2177 525.2 07/05/02 07/12/02 Bromacil {__ < PQL ug/L ~_ 0.3 0.6345 525.2 07/05/02 07/12/02 1 -- Di(2-ethylhexyl)adipate < PQL - ug/L ___1. 0.1164 525.2 07/05/02 07112/02 __ Di(ethylhexyl) phthalate (DEHP) < PQL ug/L 3~.__ 0.1261 525.2 _l 07/05/02 07/12/02~__1__ Dimethoate <PQL ug/L __ 2. 0.2152 525.2 /07/05/02 07/12/02 Methoxychlor < PQL ~ug/~L 0.5 0.0760 525.2[ 07/05102 07/12/02 Met01achlor < PQL ug/L 0.2 0.1767 525.2 07/05/02 07/12/02 Metribuzin < PQL ug/L 0.2 0.2529 525.2 07/05/02 07/12/02 Molinate < PQL ug/L 0.1 0.2075 525.2 07/05/02 07/12/02 Prometon < PQL ug/L 0.2 0.2271 525.2 07/05/02 07/12/02 Secbumeton < PQL ug/L I 0.2 I 0.1879 I 525.2 I 07/05/02 07/12/02 I < PQL i ug/L I 0.3 ~ 0.2079 i 525.2 i 07/05/02 ' 07/12/02 Simazine Terbutryn , I <PQL i ug/L I 0.2 10.2587' 525.2 !071051020~112102i Thiobencarb i <PQL 1 ug/L I 0.2 ] 0.1662 i 525.2 }0710510210711210TI-- Perylene-d12 I 95 I % 65-145 I 525.2 107/05/02 07112102 _Flag I Explanations Q03 [Matrix spike recovery is not within the control limits. California D(~HS Certification #1186 All results listed in this report are for the exclusive use of the submitting party. BO Laboratories, Inc. assumes no responsibility for report alteration, separation, detachment or third party interpretation. Printed 07/30/2002 10:35:03 4100 Atlas Court * Bakersfield, CA 93308 * (661) 327-4911 * Fax (661) 327-1918 * www. bclabs.com 02-06657-1TB !BART J. THILTGEN City Attorney 2 State Bar No. 131133 WALTER H. PORR, JR. Deputy City Attorney State Bar No. 138100 4City Hall 1501 Truxtun Avenue $ Bakersfield, California 93301 Telephone: (661) 326-3721 7 Attorneys for Applicant CITY OF BAKERSFIELD 9 SUPERIOR COURT OF CALIFORNIA, COUNTY OF KERN !0 METROPOLITAN DIVISION - JUSTICE BUILDING ll In the Matter of the Application of: ) Case No. !2. ) ) INSPECTION WARRANT- IMMEDIATE ]3 CITY OF BAKERSFIELD, for a Warrant ) EXECUTION WITHOUT NOTICE to Inspect the Premises of CLARK ) ]4 PEST CONTROL located at 530 ) [Code Civ. Proc. § 1822.50; Health & California Avenue, Bakersfield, ) Safety Code § 25185(a)] !`5 California ) .) !? THE PEOPLE OF THE STATE OF CALIFORNIA, TO ANY ENVIRONMENTAL ]8 SERVICES OFFICER OR POLICE OFFICER OF THE CITY OF BAKERSFIELD: !P Proof by Affidavit having been made this day before this Court, and it appearing 20 therefrom that there is good cause shown for believing that the illegal disposal of pesticides 2.! may exist at the property located at 530 California Avenue, in the City of Bakersfield, County 2.2.of Kern, State of California. 2.3 YOU ARE HEREBY COMMANDED to enter .the property located at 530 California 2.4 Avenue, in the City of Bakersfield, County of Kern, State of California, (with assistance from 2..5the Bakersfield Police Department if necessary) to conduct an inspection of said property. 2.6 This inspection shall be conducted pursuant to Code of Civil Procedure section 1822.56 27 and Health and Safety Code section 25285 in a reasonable manner for the purpose of 28 ensuring compliance with all applicable laws. Furthermore, good cause having been ! demonstrated by affidavit that immediate execution of this warrant is reasonably necessary, ;~ the Officers serving said warrant are authorized to do so immediately and without notice 3 pursuant to Code of Civil Procedure section 1822.56. Any inspection made hereunder shall 4 be conducted between the hours of 8:00 a.m. and 6:00 p.m. of any day. This warrant will be 5 effective from the date hereof for a period not to exceed fourteen (14) days. {5 YOU ARE AUTHORIZED to take any necessary photographs of said property and to 7 take any necessary samples pursuant to Healti'l and Safety Code section 25185(b)(2). $ Given under my hand this ~2-~c' ~--~ day of June, 2002. 11 JUITGE OF THE SUPERIOR COURT I2 / ]3 14 20 2! 22 23 24 25 WHP:alj S:\FIRL~lnspectionWarrant. ClarkPestControl.wpd 27 28 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 5 Bakersfield, California 93301 Telephone: (661) 326-3721 7 Attorneys for Applicant CITY OF BAKERSFIELD 9 SUPERIOR COURT OF CALIFORNIA, COUNTY OF KERN !0 METROPOLITAN DIVISION- JUSTICE BUILDING In the Matter of the Application of: ) Case No. I DECLARATION OF RALPH HUEY !3 CITY OF BAKERSFIELD, for a Warrant ) FOR INSPECTION WARRANT- to Inspect the Premises of CLARK ) IMMEDIATE EXECUTION WITHOUT !4 PEST CONTROL located at 530 ) NOTICE California Avenue, Bakersfield, !615California. . 17 18 I, R^LPH HUEY, doclaro undor penalty of podury: 19 1. I am tho Director of En¥ironmontal Sorvicos DMsion of tho Fifo Dopartm°nt for 20 tho City of Bakorsfiold, and I am authodzod to mako tho statomont horoin. I havo also boon 21 dosignated By the Stato of California, Environmontal Protoction ^goncy, as a Cortified Uniform 22 Program ^goncy ("CUP^") pursuant to Hoalth and Safoty Codo soctions 25404, ot soq. 23 2. lbo facts sot forth horoin aro known to mo porsonally, or havo Boon dotorminod 24 By my review of tho City's filo in this mattor, and if callod upon as a witnoss, I could and would 25 competently testify thereto. 26 3. As the Director of Environmental Services for the City of Bakersfield and as a 27 CUPA under State law, I am charged with enforcing the Hazardous Materials laws of the State 28 of California as more particularly set forth in Health and Safety Code sections 25100, et seq. Declaration of R. Huey for Inspection Warrant - Immediate Execution Without Notice ! As part of my duties, I am required to make determinations as to whether the conditions or 2 uses of properties constitute violations of the Health and Safety Code as they pertain to the 3 regulation of hazardous waste. 4 4. Pursuant to Health and Safety Code section 25185, I am authorized to conduct 5 ~nspections of premises like the I~roperty located at 530 California Avenue, Bakersfield, 6 California to ensure compliance with the Health and Safety Code. I, and members of my staff, ? are authorized to conduct inspections. 8 5. This affidavit is made in support of a request for an Inspection Warrant for Clark 9 Pest Control located at 530 California Avenue, Bakersfield, California, based upon a ]`0 reasonable belief that violations of the Health and Safety Code are occurring at the subject ! ! property in Bakersfield, California. !2 6. Reasonable belief that a violation of the Health and Safety Code exists is based !3 upon the following facts: ].4 a. On February 26, 2002, I was notified by the Kern County Ag Commissioner that an employee of Clark Pest Control had called them ].5 to report that employees of the company were dumping residual chemicals and chemical rinsate down the drains of Clark Pest Control 16 into the City sewers. I was asked by the Agricultural Commissioner's Officer if our office wanted to pursue this alleged hazardous waste ].7 violation and I stated that we would. I was then informed that the complaining employee was named John Means. ~9 b. On February 26, 2002, I instructed one of my subordinates, Howard Wines, who is a Hazardous Materials Specialist, to confer with the City 20 Wastewater Division to assist us in our investigation. 21 c. On April 11,2002, I attended a meeting with Howard Wines and Deputy City Attorney Walt Porr concerning the status of our investigation and 22 seeking his advice and direction in how best to further pursue the investigation. Deputy City Attorney Porr informed us that in light of the 23 potential for criminal liability, that we should contact the Bakersfield Police Department for assistance in the investigation. I directed Mr. 24 Wines to do so. 25 d. At this point, the Bakersfield Police Department is no longer assisting us as it appears that our investigation will have to pursue administrative 26 channels. Hence, I have directed Mr. Wines to seek the assistance of the City Attorney's Office in obtaining an administrative search warrant. 27 As an officer charged and empowered to investigate violations of California's Hazardous Waste laws and based upon my experience over 28 the last several years in enforcing these laws, I am particularly concerned Declaration of R. Huey for Inspection Warrant - Immediate Execution Without Notice 2 ! that the nature of the violation in the case is extremely difficult to detect and easily covered up. In particular, administrative warrant requirements 2. normally envision a 24-hour notice period before execution of the warrant. In this case, if such a requirement is adhered to, I fear that 3 notice to the violator will enable the violator to thoroughly rinse and wash out all drains, traps, sumps and other chemical containers and conduits 4 such that when my staff attempts their inspection and the sampling authorized under the Health and Safety Code, that the violator will have .5 been able to cover up its wrong-doing and obstruct my investigation thereby. Based upon my investigation to date, there is no way that the 0 City sewer system can be tapped below the violator's entry point and obtain reliable data to pinpoint that the contaminates in the sewer are, in 7 fact, coming from the violator. Thus, the only way we can reasonably expect to prove the violation is the inspect the property without notice and 8 obtain samples from the sinks, drains, sumps, traps and other places where chemical residue and rinsate being dumped into the City sewer 9 system may remain trapped in the plumbing and associated fixtures on the property. Thus, in order to assure anyhope of success in catching ]0 this violator, immediate execution of this warrant without notice is necessary. ]] ]2. 7. I am requesting an inspection warrant to go to the business and inspect for the 13 illegal dumping of pesticides. I am also requesting the services of the Bakersfield Police ]4 Department to assist in the execution of this warrant. ! 5 8. If such violations are found to exist, they would constitute a violation of Health l0 and Safety Code section 25189 and would thereby also constitute a public nuisance and l? endanger the health, safety and general welfare of the citizens of the City of Bakersfield. ]8 9. The City wishes to conduct an inspection of the subject property to determine ]0 the extent and nature of all Health and Safety Code violations. 2.0 10. The City of Bakersfield hereby requests that this Court issue an Inspection 2.! Warrant to allow the City to enter the subject property to determine whether the Health and 2.2-Safety Code is being violated. 2.3 2.4 /// 2.5 /// 2O III 2? III 28 III Declaration orR. Huey for Inspection Warrant - Immediate Execution Without Notice 3 ! I declare under penalty of perjury under the laws of the State of California that the 2 foregoing is true and correct. 4 DATED: June ~ ~)~-, 2002 5 CITY Of BAKERSFIELD 9 DATED: June '7--o~ , 2002 J~DGE OF THE SUPERIOR COURT i0 / 12 13 14 ]5 17 ]8 ] 9 WHP:alj S:',FIRE%DeclHueylnspectWarrant. ClarkPestOont rol,wpd 20 21 22 23 24 25 26 27 28 Declaration of R. Huey for Inspection Warrant - Immediate Execution Without Notice 4 1_ 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 5 Bakersfield, California 93301 Telephone: (661)326-3721 6 Facsimile: (661)852-2020 7 Attorneys for Applicant CITY OF BAKERSFIELD '9 SUPERIOR COURT OF CALIFORNIA, COUNTY OF KERN ]0 METROPOLITAN DIVISION - JUSTICE BUILDING 1] 12 In the Matter of the Application of: ) Case No. 13 / DECLARATION OF HOWARD WINES CITY OF BAKERSFIELD, for a Warrant ) FOR INSPECTION WARRANT - 14 to Inspect the Premises of CLARK ) IMMEDIATE EXECUTION WITHOUT PEST CONTROL located at 530 NOTICE 15 California Avenue, Bakersfield, California. ]6 18 I, HOWARD WINES, declare under penalty of perjury: ]9 1. I am a Hazardous Materials Specialist for the City of Bakersfield, and I am 20 authorized to make the statement herein. 2, ! 2. The facts set forth herein are known to me personally, or have been determined 2,2,by my review of the City's file in thiS matter, and if called upon as a witness, I could and would 2,3 competently testify thereto. 2,4 3. I am charged with enforcing the Hazardous Materials laws of the State of 2,5 California as more particularly set forth in Health and Safety Code sections 25100, et seq. As 2,6 part of my duties, I am required to make determinations as to whether the conditions or uses 27 of properties constitute violations of the Health and Safety Code as they pertain to the 28 regulation of hazardous waste. Declaration of H. Wines for Inspection Warrant - Immediate Execution Without Notice ] 4. Pursuant to Health and Safety Code section 25185, I am authorized to conduct 2 inspections of premises like the property located at 530 California Avenue, Bakersfield, 3 California to ensure compliance with the Health and Safety Code. 4 5. This affidavit is made in support of a request for an Inspection Warrant for Clark 5 Pest Control located at 530 California Avenue, Bakersfield, California, based upon a 6 reasonable belief that violations of the Health and Safety Code are occurring at the subject 7 property in Bakersfield, California. 8 6. Reasonable belief that a violation of the Health and Safety Code exists is based 9 upon the following facts: ]0 a. On February 26, 2002, I was instructed by my supervisor, Ralph Huey, to confer with the City Wastewater Division in preparation for an ! 1 investigation of an alleged dumping of chemical residue into the sewer drains by Clark Pest Control. Mr. Huey informed me that a complaint had 12 been referred to him by the Kern County Agricultural Commissioner's Office concerning the discharge of chemicals into the City's sewer by ! 3 Clark Pest Control. He further advised me that the complaining party was an employee of Clark Pest Control by the name of John Means 14 15 b. On or about February 27, 2002, I contacted Wen-Shi Cheung, a Wastewater Supervisor for the City of Bakersfield, regarding the !6 complaint against Clark Pest Control. Ms. Cheung assigned April West, an Industrial Wastewater Inspector for the City of Bakersfield, to assist !? me with this investigation. ! 8 c. On February 28, 2002, Ms. West telephoned Rich White, an agricultural biologist for the County of Kern, requesting more details with respect to 19 the complaint against Clark Pest Control. In a memo dated February 28, 2002, Ms. West informed me that the complaint received by the Kern 20 County Agricultural Commissioner had been received from a current employee of Clark Pest Control. The memo further advised that this 2! employee had been instructed by another.employee to discharge the residual chemicals and the rinsate from a chemical container down the 22 drain into the City sewer at the Clark Pest Control shop. A true and correct copy of that memo is attached hereto Exhibit "A." 23 24 d. On March 8, 2002, Ms. West received a facsimile transmission of a Pesticide Episode and Investigation Report prepared by the Kern County 25 Agricultural Commissioner's Office concerning the complaint in this matter. A true and correct copy of said Report is attached hereto as 26 Exhibit "B." 27 /// 28 /// Declaration of H. Wines for Inspection Warrant - Immediate Execution Without Notice 2 1 e. On April 11,2002, I attended a meeting with Ralph Huey and Deputy City Attorney Walt Porr concerning our investigation to date and seeking 2 direction for furtherance of that investigation. I was informed by Deputy City Attorney Porr that I should contact Captain Neil Mahan of the :3 Bakersfield Police Department to obtain assistance in this investigation inasmuch as the potential for criminal liability was very real. 4 5 f. Subsequent to my April 11,2002, meeting with Deputy City Attorney Porr, I contacted Captain Mahan and he assigned Detective Brad Norris to {5 assist us in our investigation. During the month of April, Detective Norris made telephone contact with John Means, the complaining employee~ ? who the denied any knowledge of the complaint detailed in Exhibit "B.' Detective Norris informed me of this fact. 9 g. On or about May 10, 2002, I telephoned John Means at Clark Pest Control to question him about his complaint to the Kern County ]0 Agricultural Commissioner. Mr. Means told me that he was drawing a blank about this complaint and that he would call me back if he 22 remembered anything. 22 h. On or about May 24, 2002, I once again telephoned Mr. Means at Clark 23 Pest Control to follow-up with him concerning the complaint since he had not called me back. Mr. Means, again, denied any knowledge of this 24 complaint. 25 7. I am requesting an inspection warrant to go to the business and inspect for the ]6 illegal dumping of pesticides. I am also requesting the services of the Bakersfield Police 27 Department to assist in the execution of this warrant. 28 8. If such violations are found to exist, they would constitute a violation of Health 29 and Safety Code section 25189 and would thereby also constitute a public nuisance and 20 endanger the health, safety and general welfare of the citizens of the City of Bakersfield. ?-2 9. The City wishes to conduct an inspection of the subject property to determine ?-2 the extent and nature of all Health and Safety Code violations. ?-3 10. The City of Bakersfield hereby requests that this Court issue an Inspection ?-4 Warrant to allow the City to enter the subject property to determine whether the Health and ?.5 Safety Code is being violated. 26 /// 27 /// 28 /// Declaration of ri. Wines for Inspection Warrant - Immediate Execution Without Notice 3 ! I declare under penalty of perjury under the laws of the State of California that the 2 foregoing is true and correct. 3 4 DATED: June ~ ~ , 2002 ~ /-~-"--~ '"" HOWARD WINES 5 CITY OF BAKERSFIELD 7 SVVORN HERE TODAY BEFORE ME.98 APPROVED.DATED: June ~- ~ 2002 ~~"~ ' ,JUDGE OF THE SUPERIOR COURT 10 11 12 ]3 14 15 ]7 ] 9 WHP:alj S:\FIR~DeclWineslnspectWarrant. ClarkPestControl.wpd 20 2] 24 25 26 27 / Declaration of II. Wines £or Inspection Warram - Immediate Execution Without Notice 4 EXHIBIT A 2/28/02 @ 2:15 p.m. From: April West, COB To: Rick White, Agricultural Biologist IV, Program SUpport .. Kern Count Ag Commissioners Office Phone: 868-6300 Need more details regarding complaint received from City's Env. Services. Requested Rick fax me a copy of the complaint form and any pertinent information about Clark Pest Control. Rick indicated the complaint was received from a current.Clark Pest C°ntrOl Employee. An employee advised another employee to discharge residual chemical and container rinsate down the drain (sewer) at shop location. Complaintee did not indicate if this is a common practice or a one-time discretion. EXHIBIT B ? DEPARTME;NT, OF AGRICULTURE; :* and MEASUREMENT STANDARDS 1001 South Mour~ Vernon Avsnu, · Bakerstleld, California 93307 Telephone (6~t) 868-0300 · FAX (661) 868-6301 E~'naii: agcomtS@nelxn.com · Wabslte: htip://www, kemag..com I'HEODORE K. DAVIS ,JACK E. MARKS Agricultural Commissioner/Sealer ~ Deputy Commissioned~ealer LOUIE I, CERVANTESW DAVID J. MOORE Assistant Commlz.sioner/Sealer Deputy Commiasioner/Sealer MAN U EL VI LLlCAI~iA Route Deputy Commisslone#Sealer L;~ ~ ~ FAX COVER SHEET (Iacl~aln$ cov~r r,h~'t) Kern County Agrimlt~al Commissione~JSealer . 1001 S~ Mt. Vernon Av~ T~hone (661) ~8-6300 ~ ~~ ~ NOI (~1) 8684iS0 - f WASTE WATER ~IVISI~ it' hxed h~orm-fion is not Je~ble or if all psges were nm: FCCCkL*d ~/t 'd ~9~L'ON 9V id~fl 3~ ~¥~:~ ~OOg '$ '~ ~A'~ O~" ~ C~Am~N~ O~ ~s'nc;o= ~eULA~ON PESTICIDE EP~ODE I~TI~ON RE~RT ~m m ~7~L ~~ ~ e~~ a~ Irene A~=a John Means Self 02-20-02 2:37 O ~P~ L~ ~ 0 ~ER. ~~~~ ' ~l~ OF 8A~C~r'~ ~ ~ ~ w~. ~ ~YS L~ John M~ 530 Cali~mla - ~ ~ Cta~'s PeM ~ml ~7211 (~a~s O ~A~ ~Y O ~ O ~ Clark Pest Control 530 California Ave. Bakersfield 325-7211 A~GED~~~ ,_ ~COO P~ PILOTO D~LE~ G~O AGENCYO OTHER'X 530 California Ave S~dumi P~ Control Bu~n~ ~mp ~l~b d~ the drain a~ ~e ~emi~l ~ ~ going I~o the ~ ~er. Jo~n Means ~ ~y ~~ by Ct~.P~ C~tml. ~~ Joe Canas ~ Envimnm~tal Hea~, he ~id Bake~eld C~ Fire De~ment ~s co~a~ ~en~. Memo From: From: Ralph Huey To: Walt Porr Date: 6/14/02 9:24AM Subject: Re: Clark Pest Control Walt; The document was sent in "Microsoft word" and is as follows; Ralph, Investigation Of Possible Illegal Disposal Of Hazardous Waste At Clark Pest Control. On February 26, 2002, Ralph Huey was notified by the Ag Commissioners Office that an employee of Clark Pest Control had called them to report that the company was dumping residual chemicals down the drain. I was asked if our office wanted to pursue this alleged hazardous waste violation and I stated that we would. The employees= name that the Ag Commissioner office reported was John Means. On February 26, 2002, Ralph Huey instructed Howard Wines to conf,er with City Waste Water Division in Preparation of an investigation of alleged dumping of chemical residue down the sewer drain by Clark Pest Control. Ralph Huey said the complaint had been referred to this office from the Kern County Ag Commissioner=s office and that the complaint involved discharge of chemicals to the City sewer. The complainant was identified as John Means. On or about February 27, 2002, Howard Wines contacted Waste Water Supervisor Wen-Shi Chung regarding the complaint and April West was assigned to the investigation. On February 28, 2002, April West telephoned Rich White, Ag Biologist IV and requested more details regarding the complaint. In a memo dated 2/28/02 @ 2:15pm, April West wrote, ARick indicated the complaint was received from a current Clark Pest Control employee. An employee advised another employee to discharge residual chemical and container rinsate down the drain (sewer) at the shop location. @ (Memo attached) On March 8, 2002, April West received a telefax of the Pesticide Episode Investigation Report, dated 02/20/02, prepared by Irene Acqsta, Ag Biologist III and reviewed/approved by Rick White. (Report attached) On April 11,2002, a meeting with Deputy City Attorney, Walt Porr was conducted to discuss the merits of the case. Walt Porr suggested that Howard Wines should contact Captain Nell Mahan to enlist the help of the Bakersfield Police Department in contacting the complainant for further information. Detective Brad Norris was assigned to assist, and during the month of April, Detective Norris made telephone contact with John Means who denied any knowledge of the alleged complaint. On or about May 10, 2002, Howard Wines telephoned John Means at Clark Pest Control to question him about the complaint. Mr. Means said he was Adrawing a blank@ about the complaint to the Ag Commissioner=s office and that he would call back if he remembered anything. On or about May 24, 2002, Howard Wines telephoned Mr. Means at his work to follow up since he had not called back. Mr. Means again denied any knowledge of the nature of the complaint. If the residual or container rinsate was dumped into a sink drain, then there may be some residue remaining in the trap. This is what we will attempt to obtain. If we provide 24-hour notification prior to serving the warrant, we are concerned that the sink drain could be thoroughly washed down and any residue could be completely washed into the sewer system. We hope to obtain samples from the sink trap before an attempt to thoroughly wash out the trap can be completed. S:~IUNE 2002\Clark declaration doc >>> Walt Porr 06/14/02 08:10AM >>> Ralph: My computer can't seem to open you doc. Coulod you cut and paste the contents directly into the e-mail message or try sending it in wordperfect format. Thanks. Walt >>> Ralph Huey 06/13/02 02:57PM >>> Walt; Sorry this is so late, attached please find the comments on the Possible illegal disposal of a hazardous waste at Clark's Pest Control. Ralph, MATERIAL INVENTORY NAME OF MATERIAL EPA NUMBER STORED/ USED YES ND .~.¥.!T._.R~L ......................................................................................... !J_6..4.9...'..6. ............................................................................................. i ............ BATTERIES BAYGON BAIT ' 3125-121 _.B_O_..R..I.E .D_.U...S_T__ ................................................................................. .9.~.~.~.:__!___2.~ ............................................................................... COB WEB DUSTER HEAD ............................................................................................................ ~ ................................................... ? ................................................... ~ ........... ~ ............ .EB..L_7...A...EU..S..~ ................................................................................ ~..3__.2__:.ZZ.~ ....................................................................................... ._D..E...L..T.A.....G..U__A__.R._D_.__G_ ........................................................................ _4_.~_?..~.~.6_ .......................................................................................................... ._D__E....M.&N_D___.C_.S.._~.9_T.__.RJ_.G) ............................................................. ~..0..~..~..2..:._.3..6_J. .................................................................... DEMON T.C. 10182-107 _..D_.E~.~_D....T.__C_ ................................................................................... ?. . .0_ _ !_ _ 8_ . .2 :.!..~ 7~ .................................................................................................... DIAZINON 4-E 10370-29-432 DIAZINON 5G 869-139 DRAGNET 279-3062 DRAX 9444-131 DF{AX DUEL SYRINGE 944-135 DRIONE 4816-353-AA DURSBAN WP 62719-72 EATON'S BAIT BLOCKS 56 - 52 EATON'S PLASTIC-MICE EATON'S PLASTIC-RATS EMBARK (..T...R...E..E.~.~__Y)_ 2217- 7 59 EPOLEON DEODORIZER FLUORGUARD 1812-348-279 FLY MACHINES GENTROL 1 GR CONCENTRATED 2724-351-50809 GLOVES GLUE BOARDS-MICE GOPHER GETTERS i 36029-50003-AA ._.H~,.Y.E...A.H.EA R~..CAT...T_I~,_P___S._ ........................................... : .............................................................................................................................. KETCH ALL KILLMASTER 11 :: 26693-2 KNOX-OUT 2FM i4581-335 MAXFORCE GEL ~ 64248- 14 , MAXFORCE ROACH GEL F-C ! 64248-5 MAXFORCE-ROACHES SMALL F-C i64248-11 ZIP LK MAXFORCE-SM ANTS F-C ! 64248- 1 0 .__M_.~ .T...A.L..EE__.H_.Y___D_.E.S..N._A_LL__.~,LT ............................................... .5_..4_e..!.:.~.:!.r..6/~. .............................................................................................. C THO HORNET & WASP i239-261 9 ~'~,~-~'~ ..................................................................... i ................................................... i ................................................... i ............ i ............ PETCORE 12724-404 ' -is'~'Ei55~'-~'~'6 .......................................................................... i"~'~-~-~;~:-~"~' ......................... i ................................................... ! ............ i ............ I PT 565 PLUS XLO 1499-310 PURGE 111 9444-1 58 PURGE DEODORIZER , QUINTOX . 12435-57 o R-300 3'/o MICRO ACTISOL MACHINE i432-645-11540 ROUND UP HERBICIDE ] 524-436 ........................................................ !_~...,.,.~ :.? ..................................................................................................... ..~_A..F~RO.~!~._~.A_ T_6~Y~S~ ........................................................... _2.Z.~.'~.:.~..~.O. ....................................................................................................... SAGA 432-755 _~ ........................................................................................... ~'~.Z.O 2. :.3.: s_ _470_5. ........................................................................................ SOAK U P ............................................................................................................ ~ ................................................... , ................................................... ~ ......................... ..~.t~.RELA. I~..~E RB!c,.![~E ............................................................... §__2_.Z J..9..:.J.J..~ .................................................................................................... SUSPEND .432- 763 , ULD 300o/o MICOR GEN 11540-1 VICTOR - MICE TRAPS VICTOR GLUE BOARDS-TINCATS . ~i~'~'6'~-'dX~"~'d;~'~ ......................................................................................................................................................................... i ............ WASP FREEZE ': 499-362 WEATHER BLOCK RAT BAIT 10182- 339 MATERIAL INVENTORY .Z_P..T_!~.NG..P. OW__D..EB_ ....................................................... !.2.4_57..;~.~. .................................................................. , .......................................... 'r_E_~.~.!T__~ .......................................................................................................................................................................... .P.~.MO_ N.-[? .................................................................................... J..O..1....8.~z.J__.O,7.._ ................................................................................................... DRAGNET 0 6 2 ,DURSB~N TG ~27 ~ 0-47 ................................................................ i ........... ,.~MI ~1~8 '[~I-ES ...................................... 14 a_5.~ 8-.~ ........................................................... ..i.~ ~.~[~.~_~..~.x..-.2._.o_ ...................................................................... ~..4__~__4.__-_~.p.~ ....................................................................................................... _~.~ ~_-_~..~.,5.s...~.p.p__Lc._b_~.) ..................................................... 5..7..~._s_..-___~_.~ .......................................................................................................... POWER PLANT 5 6 6 2 5- 3 RECRUIT II TERMITE BAIT 62719-272 .~[~.![~..R._S_~_ ........................................................................... i...4_~_?_~ o..~ ........................................................................................................... ..I..[~..0.~ ............................................................................................ !. ~..2..4.-. a..o. .......................................................................................................... ~.2 ............... .~....i...-.-~_~_~__5~i_ ~.~`.~..`..~..~i~..:...-..~.~.:~....:.~..~.~..-.::~..~.:`...:~.:~:.~.~.~.r. ........................ 5 ........................ ~ - COMBAT MOUSE KILL BAIT BLOCKS DEXOL GOPHER GASSER i PiB. PEST CONTROLeB ' P.O. Box 2488 530 California Avenue Bakersfield, California 93303 Phone (805) 325-72'1 '1 FAX (805) 325-1021 CHEMICAL USAGE - 19910 Chemical Usage Avitrol ...... · .............. ........... 35 lbs. Baygon ................................ 280 ozs. or 2 gals., 24 oz. Blue Diamond Roach Bait ............... 3 lbs. Chloropicrin ........................... 296 oz. or 2 gals., 40 oz. Copper Napthenate ..................... 4 oz. Demon WP - Bags ........ ............... 1,238 ihs., 3 oz. Demon WP -Box ........... -, ............ 1,612.61 oz. or 100.78 lbs. Diazinon WP ....... · ........ ~ ........... 1,455 lbs. Drione ..' .............................. 193 lbs. Dursban T.C .......................... L. 101-7/8 gals. Dursban WP .......................... '.. .1~,O30 lbs. Eaton's Apple Blend ................... 65½ lbs~ Eaton's Bait Blocks ................... 68.2 lbs. Empire 20 ............................. 5½ qts. Ficam D ............................... 35 lbs. Ficam WP ................... ~ ..... . .... 486 oz. or 30.37 lbs. Ford's Ant & Roach Bait ............... 44 lbs. Knox-Out .............................. 57 gals. Maxforce - Roaches .................... 121.44 oz. Metaldehyde Snail Bait ................ 27 .lbs. Metho Gas ~ ' 716½ lbs Methyl Bromide ........................ 719 lbs. Precor 1% ...................... ~ ...... 30 oz. PT 110 Resmethrin ..................... 89½ lbs. PT 240 Permadust ...................... 63 lbs. PT 250 Baygon ......................... 693.5 lbs. PT 280 Orthene ........................ 1,165 lbs. PT 400 Ultraban ....................... 128 lbs. Purge III ............................. 1,082 oz. Pyrenone .............................. 17-3/4 gals. Pyrocide .............................. 2½ qts. Roost No More ......................... 1½ oz. Safrotin .............................. 45 qts Sevin 80W ..~ .......................... 1-3/4 lbs. Sevin Granules ......... ~ .............. ' 684½ lbs.' Simplot Snail Bait~ . ................... 20 lbs. Slug & Snail Granulars .... · ............. 22½ lbs.' Tempo ................................. 26½ lbs. Torus 2E .............................. 210 ~oz. or 1 gal., 82 oz. Vikane .............. ~ .................. 2,879 lbs. VWR Purge Crack & Crevice .............. 360 oz. PUBLIC WORKS DEPARTMENT FAX Transmittal mw i MATERIAL SAFETY DATA SHE ET PRESCRIPTION TREATMENT brand CY-KICK® CS Controlled Release Cyflutl ~rin EMERGENCY PHONE NUMBERS: MEDICAL: 800-225-3320 (PROSAR) TRANSPORTATION: 800-424-9300 (CHE ATREC) Product Name: PRESCRIPTION TREATMENT" brand CY-KICK" CS IN CASE OF SPILL OR LEAK Controlled Release Cyf~uthrin il container beJins TO leak (through puncture, etc.), use abso~ ~ent material to cot- EPA Reg. No.: 499.304 let and contain for salvage Or disposal. Ventilate area. This p xluct contains no Producl Code: 02.0196 (6 x 1 pint) Comprehensive Environmenlal Response. Compensation. and _iabiliiy Act (CER- CLA) fisted chemicals, Releases of this product are NOT ~epr, ~ble Io the National 02-0197 (4 x 120 II. oz.) Response Center. EPA Signal Word: CAUTION Emergency Telephone Number of Chemttec: (800) ,l; 4-9300 (for Irans- Distributed by:. Whilmire Micro-Gen Research Labmatories, Inc. 13ortation spills) 3,568 Tree Court thdustrtal St. Louis MO 63122-6682 PROTECTIVE EOUIPMENT Eyes: Use proper protection - safely glasses as a minimom Skin: Wear chemical resistant gloves. (Good praclice requin ~ thai gross amounls of any chemical be removed from the skin as soon as practic .I, especially before eatinglof smoking.) COMPOSmON INFORMATION Inhalation: Il working in enclosed spaces, wear a NIOSH al ~roved respirator ACTIVE INGREDIENTS (6.0%) % CAS NO. with an organic vapor(OV) cartridge or canister with any N, I, P Or HE prefilter. Cylluthrin 6.0% 68359-37-5 WASTE DISPOSAL METHOD OTHER INGREDIENTS (04,0%) Full or leaking containers should be taken Io a local disposat company for biologi- cal Irealmeflt or incineration. Whilmire Micro-Gen suggests I et all Local, State, EXPOSURE INFCIfl~ATION and Federal regulalions concerning health and pollulien be r, ~;iewed Io determine OSHA PEL ACGIN TLV approved disposal procedures. Do not contaminate water, loc I or feed by storage Material STEL TWA STEL TWA or disposal. CyfJuthrin NE NE NE NE HAZARDS TO HUMANS AND DOMESTIC ANIMALS Keep gui of reach of children. CAUTION - Harmful if absofbi I through skin. SIGNS/SYMPTOMS OF EXPOSURE Causes moderate eye irritation. Avoid contacl with eyes, skin )r clothing. Wash Encapsulalion greatly reduces the toxicily and irritaioo potential of the active ha~s belore eating, drinking, chewing gum, using tobacco e using the toilet. Do ingredianl. Product may cause mild, reversible eye irritation and moderate skin not apply to humans, their clothing or bedding, go not allow :hitdren or pets to contact treated surfaces until spray has dried. Do not contami rote Iood Or use on irritation, household pets. Cover fish tanks prior to application. HAZARDOUS DECOMPOSITION PRODUCTS OTHER PRECAUTIONS None known. Do not apply this product in patient rooms while occupied or n any rooms while UNUSUAL FIRE. EXPLOSION AND REACTIVITY HAZARDS occupied by the elderly or infirm. Do nct apply Io classrooms when in use. Amid None known, contamination OT food, leedstuffs, or water supply. Do not cot aminate food prepa- ration sudaces, kitchen ulensils, dishes or feed sto~age conta mrs. Any food/feed contact su,'laces and cooking utensils in the trealment area si' ~uld be covered dur- ing treatment or thoroughly cleaned belore using. Do not spri / where electrical Have the product container Or label with you wllen calling a poison control cenler or short circuits might result, such as wall outlets, conduits, etc. doctor or going fOr lreatrnent, Describe any symptoms and follow the advice given. STORAGE · Ingestion: Call a poison controt center or doctor immediately for treatment advice. Do not contaminale waler, food or feed by slorage. Slore in o~ sinai container in secured, dry storage area. Ptevenl cross-contaminalion with ( her peslicides or have person sip a glass of water is able to swallow. Oo not induce vomiting unless fertilizers, Do not store above 122° F for extended periods gl me. Preferred stor- t01d to do so by lhe poison control centw 0~ doctor, 00 not give anything by mo~th age is above 32° F. Storing below 320 I: may result in solidiil etlon. If warmed to to an unconscious person, above 32° F, product will return to original form. Freezing do(; not adversely Skin Contact: Take off contaminated clothing. Rinse skin immedialely with plenty gl affect this product, If container is damaged or spill occurs, us product immedi- water for 15-20 mim3tes. Call a poison conirot contel or dccIm for l~ealmenl advice, ately of dispose OT product and dama~,d containe~ as indicab :l in Section 6. Eye Conta,-t: Hold eyes open and rinse slowly and gently for 15-20 milles. Remove contact lenses, if present, after the firsl 5 minutes, then continue rinsing eyes. Call a poison control cenlef Or dm:tm for treatm~ advice. PERSONAL PROTECTIVE EQUIPMENT ~PPEI Medical Conditions Generally Aggravated by Expo~Jro: None knovm. Respiratory Protection: None required. For prolonged exD~: ute, a NIOSH approved respiralor with an organic vapor (OV) cartridge or can stet with any N, R, P or HE prefilter may tie used. Protective Gloves: None required. If prolonged or repeated ;kin contact is like- FIRE AND EXPLOSION ly, chemical resistant gloves ate recommended. (Good practi,; requires that gross Flash Point (TOC): None amounl of any chemical be removed from the skin as soon a:) )tactical, especially F..zillodlbilily Umill in Air (% ~ volum): before eating Or smoking. Lower (LEL) = NE Upper fUEL) = NE Eye Prolectiofl: None required. Safely glasses or goggles ~u e recommended. UNUSUAL FIRE. I~(pLOSION AND REACTIVITY HAZA~D~ Olher Prolective Equipment: None required. None known. VENTILATION Lo~ll E~hausl: None required. tN CASE OF FII~J~ Me~-hafli~:al: None required. F..zlinpulsber Rle~lla; CO~, Dry Chemical, Foam, HzO Special: None required. Special Fire Fishline Procedures: None required (.moducl is warm based), giber: Ventilate area after treatment. Page 1 of 2 MATERIi . SAFETY DA(IIA SHEET PRE$CRIPIION TRE.~TMENT~ brand CY. KICK* CS Controlled Release Cyfluth fin Appearance: Beige yellow liquid. Odor:. Van/flinl Cyflulhrifl odor. Do not cofltaminate walw, food or fled by di~osal. Solubility in Water:. Disperses Vapor Pressure: NE Cofllalflef Disposal: Dispose of container in accordance vith all Federal, stale Vissoslty: NE Vopor Domity: NE and local regulations. Do not muse empty container. Triple nse, w~ap container Boiling Point: 212° F Freezlflg/Mallin0 Point: 32° F and put in trash. pH: 7.5-8.5 Density: 0.96 g/mi @ 20° C Waste Disposal: Wastes resulting from the use of this pr rfuct may he dis- posed ol on site or al an approved waste disposal facility, r ) nor contaminate water, food or feed by disposal. REACTIVITY Stlbllib/: Slable under normal use conditions. DOT CLASSIFICATION CondiUona to Avoid: None known. Propm' Shipping Nome: Liquid Insecticide (not regulated) Incompatibility (Moterial to Avoid): None known. DOT Hazard Class: IdA Hazardous Polymerization: Will not occur, iNTERNATIONAL TRANSPORTATION HAZARDOUS DECOMPOSITION PRODUCTS No informaion available. None known. ' ' ''' '' '1~ ACUTE This product contains no CERCLA listed chemicals. Eyes: Product produces mild, reve~ole eye irritation in albino rabbils. S~qA TiTLE III SECTION 311/312 HAZARD CLASS Skin: Product rs a moderate skin irritant for rabbits. Acute domal LO,,,, > 5,000 This product has been reviewed according to the EPA 'Hazar( Categories' prom- ulgated under Section 311 and 312 ol the Supedund Amendn eot and mg/l(g (rabid). Pdmary skin irritation index = 2.29 (rabbits). Reaulhorization Ad of 1986 (SARA Titfl Itl) and is considerec under applicable Ingestion: Omi LD~ · 5,000 mg/kg. Encapsulation greaffy reduces the toxicity aXKI definitions, lo mm Ihe following categories: ifritalion po~tial of the active ingfedimll. Inlmlatloa: When Sp"d'/~l, produces pmticte size lager lien considered respbatde. Acute Health Hazard CHRONIC/CARCINOGENICITY SARA TITLE III SECTION 313 CH[MICALS This product contains the following substances subject to the rapo~.ing require- This product is not ctaasitied as a carcinogen by Ihe Nalional Toxicity Program menis of Section 313 gl the Title III of toe Supeffund Amendn rots and (NTP), the International AgmlCy for Reseamh on Cancm (IARC) of the Reanthorization Act of 1986 and 40 CFR Pad 37'2: 0ccul~onal Safely and Heallh Adminiatfaflon (OSHA). Cyfluthrin 6.1% by weighL TSCA All components of this prm:luct am listed or excluded from lis lng on the US Toxic This product is extremely toxic to fish and aquatic invertebrates. Remove from ;)rem- Substance Co~trof Ad (TSCA) Chemical Substance Inventory ises or tightly cover fish tanks and disconnecl aerators when applying indoors where such containers are presenL Do not a~ty directly to water, or to areas where surface water is prese~ or I,o intertidal mr, as below the mean high water mark. Do not apply NiFPA HEALTH RATING INFORMATION I KEY: 4 = Severe when weathm' conditions favor drift from treated ames. Drift and runoff from h'eated HEALTH - 1 FLAMMABILITY - 0 REACTIVITY - 1 I 3 = Serious areas may be hazardous to ~uatic organisms in neightmring a'eas. Do not contami- 2 = Moderate hate watm when disposing of equipment washwaters. Al)ply this product only as HMIS HAZARD RATING INFORMATION 1 = Slight spe~Jfied on the label. HEALTH - 1 FLAMMABILITY - 0 REACTIVITY - 1 O-- Minimet The information and recommendations contained herein me based upon data believed to be coned. However, no guarantee or warranty of any kind, expressed )r implied, is made with respect to the info,motion contained herein. Questions concerning the safe handling of the product stmuld be referred to the Whitmire Micro-Gm CLAIomer Service Department at 800-777-8570. NA - Nol ~plicabJe ~&,q WHITMIRE MICRO-GEN NE - !~ Es~lished l~L - Pmmissible Exl~sme Limit 'rLv - Thresl~ld Umff Value I~ti~e 0al~ 10/lC~'0t STEL- ShOrt Term Exposure Limi~ ils min.) RESEARCH LABORATORI ES. INC. s,~,~.~, ~ ,~o, Da,~: U,/~ TWA - Time Wdgl~ed Avmage (8 hfs) Cm~e/: 191-053 Page 2 ol 2 AgrEvoTM Material Safety Data Sl:,eet ,, Page: I of 4 Issue Date: 02/. 0/97 A company of Hoeghst and St. haling, Berlin Supersedes: No, ,e SUSPEND® SC INSECTICIDE SECTION 1. CHI~MICAL PRODUCT AND COMPANY IDENTIFICATION AgrEvo Environme~tal Health 95 Chestnut Ridge Road Montvsle. NJ 07645 COMPANY CONTACT: Regulatory Dept. TELEPHONE NUMBER,. (800)438-5837 ..EMERGENCY TELEPHONE NUMBER (8o0) 471-066@ PRODUCT NAME: SUSPEND® SC. INSECTICIDE CHEMICAL FAMILY: Mixture CHEMICAL FORMULA: Mixture EPA REGISTRY NUMBER: 432-763 MSDS IDENTIFICATION CODE/NUMBER: 432763 Suspend is a registered trademark of AgrEvo Environmental Health,/nc. SECTION,., 2. COMPOSITION/INFORMATION ON INGREDIENTS CO#CElt1 tAT ION INGREDZENT HAllE EXPOSURE LlldlTS PERCENT E ~' gE1GHT DeL taeethrtn None established CAS NUF4BER: 52918-63-5 Inert ingredients Ne~e estabLished = 95.;~5 SECTION 3. HAZARDS IDENTIFICATION A. white, odorless liquid that: Is harmful if inhaled. · May result in transient tingling and reddening of the skin upon contact. · Is extremely toxic to fresh water and estuarine fish and invertebrates. POTENTIAL HEALTH EFFECTS PRIMARY ROUTE(S) OF ENTRY Inhalation EYES 7~[~'~-cause slight irritation. SKIN ~"~b-~'fact with product may result in transient tingling and reddening of the skin. INHALATION Harmful if inhaled. SIGNS AND SYMPTOMS Acute overexposure may result in respiratory irritation and transient paresthesia. Chronic overexposure produced pale kidneys and discoloration of the lungs in rats. Page: 3 of 4 Issue Date: 02~, ~0/9 7 Supersedes: No ye SUSPEND® SC INSECTICIDE SECTION 10. STABILITY AND REACTIVITY STABILITY: Stable CONDITIONS T(~ AVOID (STABILITY) Keep away from sources of ignition. INCOMPATI~BLE MATERIALS Sfrong oxidizing and r~ducing agents. HAZARDOUS DECOMPOSITION PRODUCTS, Thdrmal decomposition products might include carbon monoxide and carbon *dioxide. HAZARDOUS POLYMERiZATiON: Will not occur. SECTION 11. TOXICOLOGICAL INFORMATION EYE EFFECTS Very slightly irritating (rabbit) SKIN EFFECTS Irritation (rabbit).' Slightly irritating Absorption (rabbit): LDSO > 10,000 rog/kg Sensitization Iguinaa pig): Negative ACUTE ORAL EFFECTS LDSO fret) > ?5,000 mg/kg ACUTE INHALATION EFFECTS 4-Hour LCSO fret) ) 1.02 mg/_L 7-Hour equivalent I C50 > 4.08 mg/I (for DOT purposes) CHRONIC (CANCER INFORMATION) Deltamethrin technical is not carcinogenic based on animal studies. CARClNOGENIClTY: NTP= No IARC: No OSHA: No TERATOGENIClTY (BIRTH DEFECTS) Deltamethrin is not considered to be teratogenic based on animal studies. REPRODUCTIVE EFFECTS Deltamethrin is not considered to be a reproductive toxin based on animal studies. SECTION 12. ECOLOGICAL INFORMATION OTHER ENVIRONMENTAL INFORMATION This product is extremely toxic to fresh water and estuerine fish and invertebrates. Do not apply directly to water, to areas where surface water is present or to intertidal areas below the mean high water mark. Use with care when applying in areas adjacent to any body of water. Do not contaminate water when disposing of equipment weshwater. SECTION 13. DISPOSAL CONSIDERATIONS Pesticide Disposal: Wastes resulting from use of thfsproduct may be disposed of on site or at an approved waste disposal facility. . Container Disposal Less than One Gallon: Securely wrap container in several layers of newspaper and discard in trash. Container Disposal for Non-Refillable Container: Triple rinse (or equivalent) then offer for recycling or reconditioning, or puncture and -: CLARK :- · .IIPEST CONTROL,.I; ANNUAL PESTICIDE HANDLERS SAFETY TRAINING RECORD TRAINING TOPICS CHECK-OFF LIST 1. Format and meaning of information, such as precautionary statement about human health hazard, contained in pesticide product labeling. a. Ail Clark Pest Control employees who work with or handle pesticides have a right to work in a safe and healthy enviromnent. Knowledge of the hazards of their use in conjunction with safe operating practices help to give these persons the ability to protect themselves. The information provided on the product label of pesticides in general will describe the human health hazards associated with their use. 2. Hazards of pesticides, including acute and chronic effects, and sensitization, as identified pesticide product labeling, Material Safety Data Sheets, or Pesticide Safety Informati. on Series leaflets. a. Hazards are the dangers associated with using poisonous materials. The more toxic the pesticide you are w0r. king with, the higher the risk or the more HAZARDOUS it is for you to use. Toxicity refers to how poisonous the pesticide is, it represents the killing power of the material you are working with. c. ACUTE exposure represents a single occurrence, or a one time large dose in which symptoms of pesticide exposure can occur. d. CHRONIC exposure represents several small doses accumulated in the body over a long period of time. e. On Pesticide Labels, MSDS, or Pesticide Safety Information Series leaflets, there may be information related to identifying delayed effects and/or sensitivity issues that could be experienced when using certain materials. Be sure to read the label to familiarize yourself with these potential side effects. 3. There are four ways of entry for pesticides to enter the body. a. Oral exposure is through the mouth. b. Dermal exposure is through the skin. c .Respiratory exposure occurs by breathing vapors or gasses into the lm~gs. d. Oculatory exposure happens when pesticides are absorbed tl~ru the eyes. 4. Signs and symptoms of over exposure will vary with the type of material one 'is exposed to and the degree of exposure to each material. Once again the Pesticide Label, MSDS, or Pesticide Safety Information Series leaflets can give you the information that you need to help identif~ these symptoms. Here are some general guidelines to help you along... CARBAMATE AND ORGANOPttOSPHATE POISONING MILD POISONING SYMPTOMS Fatigue, headache, dizziness, blurred vision~ profuse sweating, nausea and vomiting, stomach cramps and/or diarrhea. P. O. Box 2466 · 530 California Avenue · Bakersfield, CA 93303 · Phone (805) 325-7211 · FAX (805) 325-1021 ) :. CLARK :. · ...PEST CONTROL..B MODERATE POI SONING SYMPTOMS Inability to walk,.weakness, chest discomfort, nmscle twitches, constriction of pupils} earlier symptoms becOming more severe. SEVERE POISONING SYMPTOMS Severe constriction of pupils, unconsciousness, muscle twitches, secretions from the mouth mad nose, difficulty in breathing, coma, and death if not treated. PYRETItRINS AND PLANT DERIVED PESTICIDES ROTENONE can cause irritation in the respiratory tract when used in a dust. NICOTINE is a fast acting nerve poison that is very dangerous, use extreme cautiOn when handling. TECHNICAL PYRETHRUM can cause allergic reactions. SYNTHETIC OR PYRETHROIDS Rashes, red spots, itching, and soreness to the skin. Other effects can be the same as listed above in hhe plant derived pesticides. CHLORINATED HYDROCARBONS Headache, nausea, vomiting, general discomfort and dizziness are early signs of overexposure. Convulsions and coma are more severe exposure symptoms. FUMIGANTS AND SOLVENTS Slurred speech, general confusion, poor coordination and sleeplessness. Please note that too much exposure to these materials can seem to make a person appear drm~k. 5 & 6..Emergency first aide for pesticide overexposure. If a Clark employee feels they have the sig~s and symptoms of overexposure to Pesticides, they have on their service vel~icles the name, address and phone number of the emergency care facility in the town or area they are working. In all cases 'they should call in to the office and let the branch manager and/or supervisor know immediately. Should those items not be possible in the event of an emergency, then call 911. 7. Routine and emergency decontamination procedures, including spill cleanup and the need to thoroughly shower with soap and warm water after the exposure period. 8. Need for, limitations, appropriate use, and sanitation of any required personal protective equipment. (See Clark respirator program for care and cleaning) 9. Prevention, recognition, m~d first aid for heat related illness. All Clark employees need to maintain a well hydrated condition to provide optimal levels of work perfom~ance. Heat related illness cm~ occur at any time depending on working conditions, climate, level of output etc... One safety meeting per year is dedicated to Heat Stress and is viewed thru a video tape program just prior to the hotter months of summer. 10. Safety requirements and procedures, including engineering controls (such as closed system and enclosed cabs) for handling, transporting, storing, and disposing of pesticides. ............... A ...... -- ................. 03 Phone (805) 325-7211 · FAX (805) 325-I021 Y · ' NEW TECHNICIAN TR,~IF, IING DAY 1 GET CHOLINESTERAS'TEST ~,UNIFORM FIT ,FILL OUT PAPERWORK. READ ALL ~FORMS A. DRUG POLICY ~B. EMPLOYEE HANDBOOK ~C. OTHER FORMS ' ~,SUPERVISOR GOES OVERALL FORMS & GETS SIGNATURES ~.STUDY FOP, APPLICATORS' TEST DAY 2 WATCH VIDEOS .. A. RESPIRATOR' B. PESTICIDE SAFETY ' TAKE TEST OFF VIDEOS .....TAKE RESPIRATOR FIT TEST WALK THROUGH OFFICE ....... A. INTRODUCTION TO STAFF , , e. DIFFERENT AREAS _ STUDY FOR APPLICATORS TEST DAY 3 CHEMICAL TRAINING ' A. GO OVER ALL CHEMICALS, M'SDS, LABELS TAKE APPLICATORS TEST DAY 4 __TEAR APART HAND CAN __GO OVER EQUIPMENT ON TRUCK ~.GO OVER OIL'IN RIGS, 'PUMP,TRUCK, CHECK WATER. IN RADIATOR , , .GO OVER MINOR REPAIRS, NOZZLES, HOSES, FITTINGS DAY 5 GO OUT WITH TECHNICIAN AND SUPERVISOR ...... A.FLEA JOB __B. ROACH JOB _ C, REGULAR SERVICE ~ . . D. COMPLAINT CALL E. PAPER WORK SATURDAYS Ag NEEDED __A. CLEAN UPS I~ar-12-0Z 08:Sl Fr0m-6¢ Labs 6613270750 T-647 ATL offers a wide' r~ge of qu~i~y aquatic ~ox~cny ~g a~ re~6~bl~ prices. L~ted below are the costs of our mos~ rcqucsT~ bio.says. ~ic~ ~I~ st~ Q~ practices, j~lud~g iefcrc~c toxic~t ~s~ when ~p~op~am ~ ~ ~e ava~ble on a quo~ b~. No~al tum-~o~-z~e tbr c~o~c ~s~. Please vbit out web,e, ~.~fi~g.c~. for addi~o~ ~s~g ~o~on. ~a~ ~w f~e~ p~) ....... ~ree~ ~v~ ..................... W~r ~ea (Ceri~ia ~i~ or ~ ~) ~ Sa~ ........................ o ~r ~ ~oi..~ ~ ~SO ~ dd~) ....., .'. ................ S~vers~s ~w (Me~ a~t~ ~cen~ S~vl~ -. ........................ Mysld {}~sMopsi~ ~) Pe~ S~v~ ...................... ~ ~ NPDES Chronl~ Blonssays Freshwater Water ~a {O~la ~} S~ ~ ~~ .................. ~ [~ ~ 3 S~ ~h~ ~ ~. ~d m~w, Ce~~ & Sel~m' ~'.... ~ ~~ Gi~ ~Ip (M~u ~a~ Ge~auon ~ Gt~., .................. ~l,10O ~ Sav~ m~ (M~ ~i~) S~i~ ~ Gro~ .................... t lq~ ~ 4, PLease conrac: lab prior m ~.m;!!~g to ensure ;~_!ability of res; or~_nssms 4. A~UAl'lC '~G L,~aop,~om~s a- 43~0 Tnmsp~ ~., Uni~ 107 · Vemu~ CA ~ ~80S) SSO-g~ · FAX {Sa~) ~SO-OTS~ ~- CiDOlI$Ce~icc~elVama~r,7'/$ ~~~/ '~. ._ ATL - Aquatic Testing Labora~es - Page 1 of 1 California: Title 22 CCR This test is used to help determine whether or not a sample should be classified as a hazardous waste under state of California criteria, (these criteria are codified in Chapter 30 of Title 22 of the California Code of Regulations, Section 66696). In accordance to these regulations, the California Department of Fish and Game has developed a Hazardous waste Testing procedural guidance document, (entitled: "Static Acute _Bj_oassa_y Procedures for Hazardous Waste Samples"), that we follow when we conduct this type of testing~I'his manual calls for a two-phase testing approach. Typically, the screen bioassay~is _c_ogdugte~t, an4}h_e~n if needed followe~by, the definitive bioassay. Testing consists of mixing sub- sa~m~les with St~ndard--~ze~~-wat~'~'~o p~-°-Oduc~s-~-~~entrati°ns. The screen test uses two sample concentrations of 400 and 750 mg/1, which bracket the 500 mg/l state criterion, and is conducted in duplicate. Ten fish are then added to each test tank and monitored for 96 hours. Water quality parameters, such as dissolved oxygen, pH, and temperature and mortalities are recorded daily. The final fish survival rate is used to determine whether or not the sample passes state criteria for non- hazardous waste, namely an LC50 greater than 500 mg/l (in other words, the concentration necessary to kill half of the exposed fish must be greater than 500 mg/l). If the sample narrowly fails the screening test, (40% or greater mortality in the 750 mg/1 concentration), a definitive test is recommended. The definitive test uses five concentrations bracketing the 500 mg/l criteria with the resulting data analyzed by computer to determine the LC50. Fathead minnows are typically used in this test, however, the golden shiner minnow or juvenile rainbow trout may be used, depending on regional preference. SPECIAL CONDITIONS: There is no specified holding time or temperature for samples under this protocol. We prefer samples to be shipped cooled to 4°C. Approximately 100 grams of sample are needed for testing, with 25 grams minimum for screen. Please notify laboratory in advance for rainbow trout or golden shiner tests. http ://www.aquatictesting.com/haz.html 3/19/2002 DRINKING WA TER (ORGANICS) (T'~le 22 plus Phase II & V) *he drinking water program is administered by the State of California. Please consult the State to determine the nature the testing and frequency required for your system size. Please contact BC Laboratories Client Servi,ce Department ask for advice on proper bottles and preservation required for your analytical testing needs. rETHOD VOLA TILE ORGANIC CHEMICALS (VOC's] ($~ PRICE :PA 524.2 Benzene, Carbon Tetrachlofide, 1, 2-Dichlorobenzene, 225 1, 1-Dichloroethane, 1, 4-Dichlorobenzene, 1, 1-Dichloroethylene, cis-l, 2-Dichloroethylene, Trans, 1, 2-Dichloroethylene, Dichlo- romethane, 1, 2-Dichloropropane, 1, 3-Dichloropropene, Ethylbenzene, Monochlorobenzene, Styrene, 1, 1,2, 2-Tetra- chloroethane, Tetrachloroethylene, Toluene,.1, 2, 4-Tdchlorobenzene, 1, 1, 1-Trichloroethane,.Trichloroethylene, Vinyl Chloride, -.- Xylenes, MTBE (Additional Compounds, Unregulated Compounds upon request) _ . -'PA 524.2 *Travel Blank Analysis ~ ... 110 '* SYNTHETIC ORGANIC CHEMICALS (SOC's~ -'PA 504.1 EDB, DBCp, 1, 2, 3-Trichloropropane 80 --PA 507 b_~525.2 Alachlor, Atrazine, Mo~azine, Thiobencarb, Butachlor, ' 275 Bromocil, Promet~,~imethoate, Metolachlor, Metribuzin, Propachlor, Atraton,'7~ometon, Secbumeton, Terbutryn. EPA 508 Enddn, Lindane, Methoxychlor, Toxaphene, Chlorothalonil, Chlordane 175 Heptachlor, Heptachlor Epoxide, Alddn, Dieldrin, Hexachlorobenzene, PCB's, othe.rs by request. EPA 515.1 2,4-D, Dinoseb, 2,4,5-TP(Silvex), Bentazon, 2,4,5-T, Dicamba, Dalapon, 175 Picloram. ' ................ EPA 525.2~ (Di-2-Ethylhexyl) Phthalate,.(Di-2-Ethylhexyl) Adipate, Benzo(a) Pyrene,' /~ 2~5'~ ' Hexachlorobenzene, Hexachlorocyclopentadiene, Naphthalenel others by . request. EPA 525.2 *Travel Blank Analysis 150 175 EPA 632 Diuron *Note: As a quality control step, a travel blank should be submitted for each set of samples. If the travel blank is analyzed it will be billed as above. w/ State of CA Certified 9 C:~EXCEL~FEECH2000~Drinking Industrial Waste Sampling Program Sampling SOP 1. Container Control Sample bottles are cleaned by the laboratory according to their quality assurance protocols. Preservative may be added to the sample bottle by the laboratory depending on the type of analysis to be performed. Equipment, sampling containers, and automatic samplers are cleaned by the pretreatment personnel according to the City's approved procedures and the procedures outlined in the EPA's Industrial User Inspection and Sampling Manual for POTW's. 2. Grab Sampling A grab sample is defined as "an individual sample collected over a period of time not exceeding 15 minutes." A grab sample is collected when any of the following conditions occur: a) The set up of an automatic sampler is not feasible due to flow or site arrangement. b) The flow is of short duration. ~ c) The flow is not continuous (i.e., batch discharge). d) Waste characteristics are relatively constant. e) Analytical parameters require a grab sample 2.1 Obtaining a Grab Sample Manually ~ Sample Bottle with No Preservative To obtain a manual grab sample you will need the appropriate sample bottle (label the sample bottle prior to sampling) and a sampling pole, as needed. The sample bottle is attached to the pole and lowered into the wastestream until the bottle is completely filled. Sample Container with Preservative To obtain a manual grab sample you will need the appropriately preserved sample bottle (label the sample bottle prior to sampling) and a sampling pole, as needed. Attach the bottle to the sampling pole and lower it into the wastestream until the bottle is full. Special care should be taken so that no preservative is lost. Should an inspector suspect the loss of preservative while obtaining the sample, a note will be made on the chain of custody (COC) and in the sampling notes. The laboratory should be instructed to add additional preservative, if needed. S:\C-pretreatment\SOPs\Sampling SOP.wpd March 13, 2002 1 Using a Container (Beaker) to Transfer Effluent to Sample Bottle or to Measure pH The sampling container is attached to the pole and lowered into the wastestream where it is first rinsed by the effluent. (This is known as "seeding."). Afterwards, fill the container and transfer the liquid from the container into the sample bottle. Repeat the transfer until the sample bottle is full. 2.2 Obtaining Grab Sample with Automatic Sampler Other transfer devices can be used to obtain a grab sample when it cannot be obtained with a sampling pole. The device must be properly cleaned according to test specifications. The sample may be collected in a clean container or an appropriate sample bottle. Note: an Oil & Grease sample cannot be obtained through this method. 3. Composite Sampling According to the EPA's Industrial User Inspection and Sampling Manual for PO TW's, composite samples are those collected over a period greater than 15 minutes and are formed by combining the appropriate number of discrete samples taken during the sampling event. This type of sampling is used to determine the average pollutant concentration of the sampling event. The number and volume of the discrete samples can vary depending on the type of compositing used and the length of the sampling event. For example, the length of the sampling event is 24 hours if the facility discharges for 24 hours. If a facility is open 24 hours but discharges for only 6 hours, then a 6-hour composite sample is collected. Composite sampling can be either time-proportional or flow-proportional. 3.1 Time-Proportional Composite Sampling Samples are collected at equal time intervals. This method works well when the flow of the sample stream is relatively constant (does not vary more than 10% of the average flow rate over time) 3.2 Flow-Proportional Sampling a) Discrete samples are collected at a constant interval and the volume collected is proportional to the flow at the given moment of occurrence. The samples are manually composited afterwards. b) Samples are taken at a constant volume for each volume of wastestream flow (e.g., 200 mL sample collected for every 5,000 gallons of flow) at a time interval inverSely proportional to the wastestream flow. S:\C-pretreatment\SOPs\Sampling SOP.wpd March 13, 2002 2 4. Automatic Sampler Set Up and Retrieval 4.1 Set Up a) Test the automatic sampler and the batteries before going to the location of the event. b) Fill the ice chest(s) with ice. c) Set up the sampler at the location. Observe all necessary traffic safety precautions when setting up the sampler. d) Check the sampler's parameters and verify the sample volume. e) Pack the sampler with ice. f) Check if the length of the sample draw tube is correct. g) If necessary set the sampler on a cable support. h) Lock the sampler before positioning the strainer and lowering the sampler. i) Log the sampler number, the battery ID, the sample location, and the sampling parameters set on the automatic sampler's program. Record any necessary modifications. j) Clean the area before leaving. 4.2 Retrieval a) Retrieve the automatic sampler and log the sampler's end time and its retrieval time. b) If necessary, manually composite the samples. c) Stir the composite jar with a stirring rod. d) Decant the sample to the appropriate sample analysis containers. Verify the label information, attach custody seals, and store them in an ice chest. e) Using the remaining liquid in the composite jar, measure and record the pH and the EC. f) Note the sample description and the sample ID in the sampling notes and on the COC. g) Clean the area and put away the equipment. h) Transport samples to a certified laboratory (sample storage and preservation should follow the protocols set in 40 CFR Part 136). S:\C-pretreatment\SOPs\Sarnpling SOP.wpd March 13, 2002 3 5. Sample Handling and Transport Once a sample is collected, precautions must be taken to ensure sample validity and security. Every sample collected, regardless of type, should be handled according to the protocols set in 40 CFR Part 136. Once a sample is collected, the following procedures should be used: a) Sample container and sample blanks (if required) should be labeled with: 1. City of Bakersfield's established sample identification system. 2. Type of sample collected: Grab, Composite Sample, or Manual Composite Sample (composite of grabs). 3. Date and time of sample collection. 4. Initials of the sampling personnel. b) Place tamper-proof custody seals on the sample container's lid and overlap onto the bottle. If required, the seal will be initialed by the inspector(s). c) Immediately after, samples should be placed in the ice chest(s). The ice chest(s) should have enough blue ice, crushed ice, or other coolants to maintain a temperature of 4°C. The samples are to be transported to the laboratory as soon as possible. d) Field analyses (pH/EC) are to be recorded accurately and neatly in the appropriate log book immediately after the sampling is completed. All entries should indicate the time, the date, and the inspector(s) who conducted the analysis. Reminder: pH equipment must be calibrated immediately prior to analysis. e) If an automatic sampler was used. Record the sampler's ID number and the program. f) Complete a chain of custody (COC) form. See an attached example. g) Document any conversation with industry personnel that would be pertinent. h) Document any unusual occurrences in the sampling notes. i) Some sample bottles contain preservative. If the inspector suspects some or all of the preservative was lost during sampling, the inspector should note this suspicion on the COC and in the sampling notes, and inform the laboratory upon delivery. j) If a sample is obtained in an unpreserved bottle and the analysis/holding time requires a preservative, the inspector will preserve the sample in ice and instruCt the laboratory to add the necessary preservative upon receipt. The inspector should note this information on the COC and in the sampling notes. S:\C-pretreatment\SOPs\Sarnpling SOP.wpd March 13, 2002 4 k) All precautions will be taken to insure the samples are secure. Inspectors will keep all doors locked and may choose to tape shut the ice chest and initial the seal in such a manner that tampering would be noted. 6. Transfer of Custody After delivering the samples to the laboratory, samples are to be identified and inventoried by the laboratory personnel. The chain of custody (COC) should be signed by both the relinquishing and the receiving parties. Once this takes place, responsibility of the samples is transferred to the laboratory. The inspector should obtain a signed copy of the COC. S:\C-pretreatment\SOPs\Sampling SOP.wpd March 13, 2002 5 h ~ II IICITY OF BAKERSFIELD II PAGE i of 1 IIWASTEWATER DIVISION II B 0 T T L E BC Laboratories. Inc. 118101 ASHE ROAD II 4100 Atlas IIBAKERSF!ELD, CA 93313 II 0 R D E R Bakersfield. CA 9330811 IIATTN: APRIL WEST II (661) - 327-491111 IIPhone: 805-326-3249 II # 2 5 6 3 6 (Sample Control)Il Ii -- JI l h II Bottle Order Requested By: CORRIE on 03/18/2002 16:04 IJ Bottle Order Needed By: 03/18/2002 PM II Date Shipped: N via CLIENT P/U Packed By: JAQUI Ii II IIBTL COLLECTION & HOLDING · I) ID QUANTITY SIZE TYPE LABEL ANALYSIS CONSTITUENTS PRESERVATION TIME NOTES )IX01 12 i250 ml (8 oz)IClear Glassl i i i i II II Coolers: No Blue Ice: No Specific Packaging: No CLIENT WILL P/U THIS AFTERNOON Order Checked By: IIPreserved containers: If not used within 6 n~nths please return to BC Laboratories for proper disposal. Do not use for sampling. 1 2002 WASTE WATER DIVISION CITY OF BAKERSFIEI,~ prof,. - - CITY OF BAKERSFIELD PAGE 1 of 1 WASTEWATER DIVISION B 0 T T L E BC Laboratories, Inc.[[ 8101ASHE ROAD 4100 Atlas BAKERSFIELD, CA 93313 O R D E R Bakersfield, CA 9330811 ATTN: APRIL WEST (661) - 327-491111 Phone: 805-326-3249 ;, # 2 5 5 1 5 i- (Sample Control)Il ? Bottle Order Requested By: CORRIE on 03/07/2002 16:19 Bottle Order Needed By: 03/11/2002 : Date Shipped: N IIBTL COLLECTION & HOLDING IIID QUANTITY SIZE TYPE LABEL ANALYSIS CONSTITUENTS PRESERVATION TIME NOTES IIG07AI 12 ISETS: IGlass AmberI EPA 525 (WHITE) EPA 525 I 1 ml Na2S03 I 14 DAY [Do not rinse. { 12 X 1000 ml (qtI I I I IBottle contains preservative. Coolers: Yes Blue Ice: No Specific Packaging: No CLIENT WILL P/U BOTTLES AND A COPY OF OUR ELAP CERT. ON MONDAY 't " Order Checked By: C;ITY OF BAKERSFIELD IIPreserved containers: If not used within 6 months please return to BC Laboratories for proper disposal. Do not use for sampling. Industrial User Sampling Manual Chapter 3- Sampling Industrial Users Cleaning Procedures for Oil and Grease: The approved method of analysis for Oil and Grease is gravimetric extraction (Standard Methods for the Examination of Water and Wastewater, 17th edition, 1989, method #5520B or Methods for Chemical Analysis of Water and Wastes, 1983, method 0413.1). When sampling for oil and grease, it is necessary to use a wide mouthed glass jar, which has been rinsed with the solvent used in the extraction process. Currently, freon is used as the solvent in this process. A substitute for freon is currently being researched and may result in an alternative analytical method. The cleaning method for oil and grease is the following: detergent wash; (2) tap water rinses; and (3) s01~,ent rinse. It is recommended that the sample bottles have a teflon-lined cap. If this is not possible, there should be either aluminum foil or cut teflon pieces.which cover the areas where the bottle and the cap meet. The teflon or aluminum foil used must also be prepared, following the same cleaning procedures as the sample bottle. '- Cleaning Prccedures ~..for Organic Analysis: Volatile Organic Compounds Generally, the glassware used to collect volatile organic samples is precleaned. When glassware needs to .be cleaned, the procedure in 40 CFR 136 may be followed. EPA method 624 states that the vials and the septa must be cleaned as follows: (1) detergent wash; (2) tap water rinses; (3) distilled water rinses; and (4) drying at 105°C. ~"Semi-volatile Compounds, Organochlorine Pesticides, and PCBs Organic Semi-volatile organic samples should be collected in amber bottles according to 40 CFR 136, Methods 625 and 1625. Organochlorine pesticides and PCB samples should also be collected in amber bottles ............. according to 40 CFR 136, Method 608. If amber bottles are not available, the samples must be sheltered ' from the light. The sample bottles (including cap liner, either teflon or foil) and the collection vessels for semi-volatile organic compounds, organochlorine pesticides, and PCBs must be cleaned by the following procedure: (1) detergent wash; (2) tap water rinses; O) distilled water rinses; (4) solvent rinse (method 625 lists acetone or methylene chloride); and (5) drying. If one or more of the samples'is being collected in a sampling vessel, the sampling vessel must be cleaned for all parameters. Examples of this include: · Sampling for conventional pollutant analysis and metals analysis: the collection vessel must be detergent washed and then acid washed (following the steps for metals cleaning listed above). · Sampling for metals analysis and semi-volatile organic analysis: the collection vessel must be acid washed (following the steps above) and then solvent rinsed. The initial steps in the semi-volatile organic cleaning do not need to be repeated in this case (only the solvent rinsing), since they were already done in the metals cleaning procedure. 62 " Cleaning Equipment log Equipment Deter~ent Wash TaD h20 flnse Deionized Rinse Acetone Rinse Acetone Lot No. HCL Rinse HCL Lot No.. Deionized Rinse Initials Date / STATE OF CALIFORNIA--HEALTH AND WELF.,~RE PETE WILSON. Governor DEPARTMENT OF HEALTH SERVICES 2151 BERKELEY WAY · . . SER~ELEY. CA. ~o~.~o~ May 1, 1998 .... Certificate No.: 1186 DANIEL D. SCHULTZ BC LABORATORIES, INC. 4100 ATLAS COURT ' BAKERSFIELD, CA 93'308 Dear DANIEL D. SCHULTZ: This is to advise you that the laboratory named above c6ntinues to be certified .as an environmental testing laboratory pursuant to the provisions of the California Environmental Laboratory Improvement Act of 1988 (Health and Safety Code (HSC), Division 1, Part 2,'Chapter 7.5, Section 100825, et seq.). Ceritification for all currently certified Fields of Testing which the'laboratory has applied for renewal shall remain in effect until 05/31/2000 unless revoked. Also, please note that continued use of thc certificate is contingent upon: ~.. *succcssfuI completion of thc renewal site visit; * acceptable performance in the required performance evaluation (PE) studies; * timely payment of all fees, including an annual fcc duc on May 31, 1999; *.., compliance with Environmental Laboratory Accreditation Program (ELAP) statutes (HSC, Section 100825, Ct seq.) and Regulations (California Code of RegulatiOns Title 22, Division'4, Chapter 19), An updated "List of Approved Fields of Testing and Analytes" will be issued to the laboratory upon completion of thc renewal process. Thc application for thc next renewal must be received 90 days before the' ~xpir'ation of this certificate to remain in force according to thc CCR, Section 64801 through 64827. Please note that the laboratory is required to notify ELAP of any major changes in the laboratory such. as the transfer of ownership, change, of laboratory director, change in location, or structural alterations which may affect adversely thc quality of analyses (HSC, Section 100845(b)(d)). Please include thc above certificate number in a!l your correspondence to ELAP. If you have any questions, plea.sc contact ELAP at (510) 540-2800. Sincerely, George C. Kulasingam, Ph.D. Progrem Chief Environmental Laboratory Accreditation Program CALIFORNIA DEPARTMENT OF HEALTH SERVICES ENVIRONMENTAL LABORATORY ACCREDITATION PROGRAM List of Approved Fields of Testing and Analytes B C Laboratories, Inc. TELEPHONE No: (805) 327-4911 CERTIFICATE NUMBER: 1186 4100 Atlas Court CALIFOR.NIA COUNTY': Kern EXPIRATION DATE: 05/31/98 Bakersfield, CA I Microbioloc~, of Drinkin~ Water land Wastewater !. IA Total and Fecal Coliform in Drinking Water by Multiple Tube Fermentation 1.3 Total Coliform and E. coli in Drinking Water by MMO-MUG 1.5 ....Heterotrqphic Plate Cbunt 1.6 Total Coliform in Wastewater by Multiple Tube Fermentation ' 1.7 Fecal Coliform in Wastewater by Multiple Tube FermentatiOn 2 Inorganic Chemistry and physical Propert!es of Drinkif~ Water excluding Toxic Chemical Elements ,.. 2.1 Alkalinity 2.2 Calcium 2.3 Chloride 2.4 Corrosivity 2.5 Fluoride 2.6 Hardness 2.7 Magnesium 2.8 MBAS 2.9 Nitrate 2.10 Nitrite 2.11 Sodium 2.12 Sulfate -.- 2.13 Total Filterable Residue and Conductivio' 2.16 Phosphate, ortho 2.17 Silica 2.18 Cyanide 2.19 . Potassium 3 Analysis ofTo,xie. Ch~lni~al Elemel~ts iq Drinktn~Water 3.1 Arsenic · - 3.2 Barium 3.3 Cadmium 3.4 Chromium, total 3.5 Copper 5.6 Iron 3.7 Lead 3.8 Manganese 3.9 Mercury 3.10 Selenium 3.11 Silver , · 3.12 Zinc 3.13 Aluminum 3.15 Antimony 3.16 Bec'ilium 3.17 Nickel 3. l'g Thallium As of August 7, 1997, this tist supercedes att previous Lists for this certificate ntmber. Certificate No.: 1186 Expiration Date: 05/31/98 Page 2 4 Organic chemistry .of Drinking Water (measurement by GC/MS combination! 4,2 EPA Method 524.2 4.3 EPA Method 525.2 4.6 EPA Method 548.1 Organic Chemistry of Drinking Water (ex~:ludine measurements bv GC/MS egmbination) 5.6 EPA Method 504.1 5.10A EPA Method 508 5.13A EPA Method 515.1 5.14 EPA Method 531.1 .: .... 5,15 EPA Method 547 5.1 ? EPA Method 549. I 9 physical Pr0pertie~ Testing of Hazardous Waste 9.1 Ignitability by Flashpoint determination (Title 22. CCIL 66261.21) 9.2 Corrosivity - pH determination (Title 22, CCIL 66261.22) 9.4 Reactivity (Title 22, CCR, 6626123) 10 Inorganic Chemistry_ i~'nd Toxic Chemical Eiement,~ of HaZardous Waste I 0.1 Antimony "' . ', 10.2 Arsenic 10.,3 Barium 10.4 Beryllium ! 0.5 Cadmium 10.6 Chromium, total ' ' I0.7 Cobalt ~ '" - - 10.8 Copper 10.9 Lead 10.10 Mercury, 10.11 Molybdenum 10.12 Nickel 10.17 Selenium 10.14 Silver 10.15 Thallium 10.16 Vanadium i0.17 Zinc 10.18 Chromium (VI) 10.19 Cyanide i0.20 Fluoride I0.21 Sulfide As of Auaust ?. ~997. this List supercec~es aLt orevious Lists for this certlfieate ntsnc~r_ Certificate No.: 1186 Expiration Date: 05/31/98 Page 3 11 Extraction Tests of Hagard0uls WasTe 1 I.! California Waste Extraction Test (WET) (Title 22, CCR, 66261.100, Appendix II) 1 I.2 Extraction Procedure Toxicity 1 !.3 Toxicity Characteristic Leaching PrOcedure (TCLP) All Classes 12 Organic Chemistry of Hazardous Waste Cmeqsurement by, ,GC[~S..combination} 12.1 EPA Method 8240B 12.3 EPA method 8270B 12.6 EPA Method 8260A 13 , Organic Chemistry.of Hazardot~s Waste (excludin~ measurements by G,C/I~[$ eombilnation) 13.1 EPA Method 8010B 13.3 EPA Method 8020A 13.7A EPA Method 8080A 13.1lBEPA Method 8!41A 13.12AEPA Method 8150B 13,13 - EPA Method 8310 13.1,4A EPA Method 632 13.15 Total Petroleum Hydrocarbons - Gasoline 13.16 Total Petroleum Hydrocarbons - Diesel 13.17 TRPH - Screening by IR 13,19 EPA Method 8021A 16 Was~ewate, r Inorganic Chemistry, Nutrients. and Demand 16.1 Acidity 16.2 Alkalinity : '" 16.3 Ammonia 16.'4 Biochemical Oxygen Demand 16.5 Boron 16.6 Bromide 16.7 Calcium 16.8 Carbonaceous Biochemical Oxygen Demand (cBOD) 16.9 Chemical Oxygen Demand 16.10 Chloride 16.11 Chlorine Residual, total 16.12 'Cyanide 16.13 Cyanide amenable to chlorination 16.14 Fluoride ! 6.15 Hardness 16.16 Kjeldahl Nitrogen 16.17 Magnesium 16.18 Nitrate 16.19 Nitrite 16.20 Oil and Grease 16.21 Organic Carbon Cetlificate No.: 1186 Expiration Date: 05~31/98 Page 4 16 Wa~tewater lnorgaqic Chemistry, N, utrienl~s and Demand (continued) 16.22 Oxygen, Dissolved 16.23 pH 16.24 Phenols 16.25 Phosphate, ortho 16.26 Phosphorus, Total . 16.27 Potassium 16.28 Residue, Total 16.29 Residue, Filterable (Total Dissolved Solids) 16.30 Residue, Nonfilterable (Total Suspended Solids) 16.31 Residue, Set~leable (Se~tleable Solids) 16.32 Residue, Volatile 16.33 Silica 16.34 Sodium 16.35 Specific Conductance 16.36 Sulfate 16.37 Sulfide (includes total and soluble) 16.38 Sulfite 16.39 Surfactants .(}aBAS) 16.41. Turbidity. 16.44 Total Recoverable PHCs by IR 17 T~oxic Che. mical Elements itl Wastewater 17.1 Aluminum 17.2. Antimony ' '!7.3 Arsenic 17.4 Barium 17.5 Beryllium " 17.6 Cadmium '~ ..... 17.7 Chromium {VI) 17.8 Chromium, Total .... 17.9. Cobalt i 7.10 Copper 17.13 Iron 17.14 Lead 17.15 Manganese 17,16 Mercury 17.17 Molybdenum 17.18 Nick.el 17.24 Selenium 17.25 Silver 17.27 Thallium 17.28 Tin 17.30 Vanadium 17.31 ~Zinc AR of August 7, 1997. this tist sul~ercecies aLL arevious Lists for this certificate nt~ber. Certificate No,; 1186 Expiration Date: 05/31/98 Page 5 18 Organic Chembtry_ ofWastewater (measurer~ept~ bv GC/M$ c0mbi,,n, ation) 18.1 EPA Method 624 18.2 EPA Method 625 18.99 EPA Methods 601/602 with MS Detector 19 Organic Chemist'rv 0f Was~ewater (excluding mea~urement~ by GC/MS c0mbination] 19.1 EPA Method 601 19.2 EPA ~iethod 602 19.8 EPA Ivlethod 608 ' . . ' ' -' 19,10 EPA Method 610 19,12 EPA Method 632 As of August 7, 1997, This Lis( suoercedes all previous Lists for This certificate nunber. Mar-13-02 11:21 From-Be Labs 65t3271918 T-683 P,02/04 F-423 " EIqVIROHMEHTAI, LA~O~lrg CER'rllrl~o~ TEl.) ID) PP~E: ~1~ R=iBa~' Mar-13-O2 11:21 From-BC I. ahs 661327191~ T-683 P.03/04 F-423 D~A~~ OF H~ 8ER~ ~R~ W~Y ~, ~ ~7~1011 (SlOj ~ ~m~er 18, 2001 JOSEPH A. LE~Y CeA~ No.: 1~5 AQUATIC TESTING ~~TORIE8 43~ ~NSPORT STREET, UNIT 107 ~NTU~, ~ ~r JOSEPH A. LEMAY: This is to a~v~e you ~at t~e la~o~ n~ a~ve has ~n ~~ ~ an en~mnm~l ~ing lab~o~ pumuant to ~e p~i~s of the CalRom~ Envimnmen~l La~mm~ imp~~t ~ ~ 19~ (~ and ~e~ C~ (HSC), Division 101, Pa~ 1, Chap~ 4, ~mmenci~ w~h ~o~ 1.00~5). The Fields of T~ing for ~lch ~ labora~ has ~n ~ under ~ A= ~ in~ In the enc~s~ "List of Appr~ Fi~s of T~ and ~al~s." Ce~~ shall r~ain in eff~ until July 3~, 2002 un~ mm~. Th~ m~mm is su~ to ~ annu~ f~ as p~cd~ by ~on 10088Q(a), HSC, due on Ju~ 31, 2001. Your. appli~tion for m~l mu~ ~ ~d 90 d~ ~ ~e expimtbn of your to m~ln In ~r~ a~ing ~ ~e G~om~ ~e ~ ~gu~fions, Ti~ 22, DMsion 4, Chap~r 19, ~n ~801 through ~27, Plea~ ~ that ~ur I~omto~ ~ ~ui~ = no~ ~e En~mnme~ ~c~tion Program d a~ major changes in t~ labor=~ ~h as ~ tm~r ~ o~emhip, c~nge of ia~to~ ~im~r, ~aflge in Io~fion, or stm~ural a~mti~s may a~ adve~N the quai~ ~ anal~ (S~on 100~5(b) a~ (d), HSC). Your ~ntinu~ ~o~~ i ~en~l In ~er ~ mainWn a mp~a~n ~ t~ hig~ qual~ · e da~ p~u~ by envimn~ la~~ ~A~ed by ~e 8~te of Cal~omia. If ~ have a~ qu~io~a, plea~ ~ ~even B~S at (916) 32~76g. Sincerely, George C. Kulasingam, PI~.D. Program Chief Environmental La~omtory Accreditation Program Enclosure Mar-13-02 11:22 From-BC Labs 6613271618 T-683 P.04/04 F-423 ~,0 l.O l ~ W~ ~ ~z~ ~ 2'~ 2~, ~ ~261.~, ~ m~no~ W~T~ ~ ~A i~.O (~~I),.~ (C. ~ O W~r T~ ~ ~q. ~.~ (1~ ~t ~p ~,11 ~.12 W~ T~ by Dinno~ 8.0 lA W~r T~h~ by ~4-~2~, ~.l~,O~ ~~ T~Sbz ~/~. ~0 W~r T~ns ~ EPA t~.0 ~.~T ~mr T~ ~ EPA I~.0 ~,~.07 W~ T~n~ by EPA l~.O 0~3.11 W~ T~ ~ ~~/1~6 ~WR~ ~iW~, ~ ~ ,.~ ea~nomu~ Environmental Prot~Jtlon Agency Pest Management and Department o! Pesticide Begulation Licensing Branch Licensing and Certification Program General Standards for Certification of Commercial Applicators General To obtain commercial certification, applicators must demonstrate competency, standards for knowledge, and an understanding of the following general standards: certification of commercial · Label and labeling; applicators · Safety; · Environment; · Pests; · Pesticides; · Equipment: · Application techniques; and · Laws and regulations. These standards apply to all pest control categories. · ~ ' '~ 'l: ' Reference· ._~OC.'.FP~::§ :~LI~,( ~)~){ Factors Listed below are the factors for each General Standard. Label Applicators must demonstrate competency, knowledge, and an understanding of comprehension label-related factors, such as: factors · General labeling format and terminology; · Label instructions; · Warnings; · Terms; · Symbols; and · Other common labeling information. Applicators must understand the: · Differences between a "general use pesticide" and a "restricted use pesticide", and · ~eS. fdr f611owmgthe~ Reference: ,~:OeV~-~,§ }7..:~'~40 )( ~.'~(!)..~ http://www.cdpr, ca.gov/docs/license/ccomaplgnrstnim.htm 3~5/2002 of Pesticid~egulation Page 2 of 4 Safety factors Applicators must demonstrate competency, knowledge, and an understanding of safety-related factors, such as: · Pesticide toxicity, hazards to man, and the common exposure routes; · Common types and causes of accidents; · Precautions to guard against injury to applicators and others in or near treated areas; · Need for and use of protective clothing and equipment; · Symptoms of pesticide poisoning; · First aid and other procedures in response to a pesticide accident; · ,~.~r~p .er. pe~s_ticide~ o Identification; o Storage; o Transport; o Handling; o Mixing; and · Precautions for preventing children access to pesticides or containers and equipment. EnvirOnment Applicators must demonstrate competency, knowledge, and an understanding of factors r, ootential consequences&~f~.~mthe use and misuse:'of p~ticides, influenced by such /actors as: · Weather and climatic conditions; · Types of: o Terrain; o Soil; and o Other substrate; · Presence of: o Fish; o Wildlife; o Other non-target organisms; and · Drainage patterns. Reference:"4OCFR § 1'7 i' 2~4Co)'(1)(iii~~ Pest factors Applicators must demonstrate competency, knowledge, and an understanding of pest-related factors, such as: · Pest identification based on: o Common features of pests; o Damage characteristics; , · Recognition of relevant pests; and · Identifying and controlling pest problems in relation to pest development and biology. http://www.cdpr, ca.gov/docs/license/ccomaplgnrstnim.htm 3/5/2002 ~.~~a Department of Pestifgile Regulation Page 3 of 4 Reference: 40CFR § 171.4Co)(1)(iv) Pesticides Applicators must demonstrate competency, knowledge, and an understanding of pesticide-related factors, such as: · Types of pesticides; · Types of formulations; · Formulation effects on; o Compatibility; o Synergism; o Persistence; o Animal toxicity; and o Plant toxicity; · Factors influencing o Effectiveness; o Resistance; and · Dilution procedures. Equipment Applicators must demonstrate competency, knowledge, and an understanding of factors equipment-related factors, such as: · Types of equipment and their; o Advantages; o Disadvantages; o Limitations; o Uses; o Calibration; and o ~ui~iiailce? Reference:..4OCFK-.§ 17 k4qo)(1)(vi) Application Applicators must demonstrate competency, knowledge, and an understanding of techniques application techniques and factors, such as: factors · Methods and procedures to apply various pesticide formulations; · As well as proper techniq?s for a given ~situation; ..... * Relahon of discharge and placem~tit.to,proper~use, annecessary.use¢or i~§:Us~;'and: ~ . Reference: ~0CFR § 17:1:4(b)(-1 Laws and Applicators must 'd~~et'eii~yTl~i~li~lg~it:~t~it~d'm.~f~ regulations factors * ~i~:~d federal http://www.cdpr, ca.gov/docs/license/ccomaplgnrstnim.htm 3/5/2002 of Pestic~Regulation Page 4 of,~ ° · o ~Eaws ..a~d 'Reference: ~:.0~~fj~ii)h~;' Licensing and Certification Home Page DPR Home Page I Comments or Questions http://www.cdpr, ca.gov/docs/license/ccomaplgnrstnim.htm -, 3/5/2002 of Pesticide Regulation Page 1 of 6 California Environmental Pro.tectlon Agency Pest Management and Department of Pest,cide Regular,on' LiCensing Branch Licensing and Certification Program Specific Standards for Certification of Commercial Applicators Specific Applicators perform certain tasks specific to' each pest control category, placing standards for particular importance on specific factors in the General Standards. Such factors competency in must be especially stressed and specifically reflected in the tests for certification. each pest The test for a pest control category must relate to specific standards for the tasks in control that pest control category. category Reference: 40CFR § 171.4(c) Example For example, .in the agricultural, plant category applicators should demonstrate practical knowledge of drift problems and prevention. It would not be expected that a seed treatment applicator would demonstrate practical knowledge in drift problems and prevention. However, a seed treatment applicator would be expected to know the types of equipment used for treating seed and precautions for preventing misuse of treated seed. Reference: 40CFR § 171.4(c) . Agricultural, Applicators must demonstrate competency, practical knowledge, and an plant; specific understanding of: standards · Crops grown; · Specific pests of those crops for which restricted use pesticides may be applied; · Soil and water problems resulting from using restricted use pesticides; · Pre-harvest intervals; . · Reentry intervals; and · Phytotoxicity. Applicators must demonstrate competency, practical knowledge, ~d~'~'ciing of thepO.t~tial 'f6r:' .? ·/.Environmental:c6ntamination; · Non-target injury; and .... · Community problems · . ......... Resulting from the use of restricted use pesticides in agricultural areas http://www.cdpr, ca.gov/docs/license/ecomaplspcstnim.htm 3/5/2002 of Pesticide Regulation Page 2 of 6 Reference:?'.4OCFR § 171.4(c)(1)(i)' Agricultural, Applicators applying restricted use pesticides directly to animals must demonstrate animal; competency, practical knowledge, and an understanding of: specific standards · Such animals and their associated pests; and · specific pesticide toxicity and residue potential Since host animals frequently are used for food. Applicators must demonstrate competency, practical knowledge, and an understanding of the relative, hazards associated with such factors as: · Formulation; · Application techniques; · Age of animals; ~ · Stress; and · Extent of treatment. Reference: 40CFR § 171.4(c)(1)(ii) Forest; specific Applicators must demonstrate competency, practical knowledge, and an standards understanding of: · The types of: o Forests; o Forest nurseries; ..~ :... o Seed production; and o The pests involved; and · Programming pesticide applications based on: o Cyclic occurrence of certain pests; and o Specific population dynamics. Applicators must demonstrate competency, practical knowledge, and an understanding of: · Relative biotic agents and their vulnerability to the pesticides to be applied; · Control methods which will minimize the possibility of secondary problems, such as unintended effects on wildlife; and · Proper use of specialized equipment, especially as it may relate to meteorological factors and adjacent land use. Reference: 40CFR § 171.4(c)(2) Ornamental Applicators must demonstrate competency, practical knowledge, and an and turf; understanding of: specific standards · Ornamental trees; http://www.cdpr, ca.gov/docs/license/ecomaplspcstnim.htm 3/5/2002 '40',C.F.R. Part 171 -- Certificat~ of Pesticide Applicators -Page 1 of 25 PESTICIDE.NET PestLaw.com I Ag-Chemical.net I Bio-Pesticide.net I PlantPesticide.n,et I CropProtection.net I FIFRA.net Anti-Microbials.net I Antibacterials.net I Sterilant.net I Germicide.net I Santizers.net Maintained by the law firm of Wrig/tt & Siehtty and the scientific anti regulatory consnltants at ChemReg 1, t'l with Nears, Information and Resources on Conventional, Biological, Biochemical and Antimicrobiai Pesticides ~~!' ,~,~!~ I UainMenu ~ ~l FulI-TextSearch ffi 40 C.F.R. PART 171 CERTIFICATION OF PESTICIDE APPLICATORS ' . ......... § 171.1 -- General. This section deals with the certification § 171.2 -- Def'mitions. (a) General. Terms used in this subpart shall have the meanings set forth for such terms in the Act. In addition, the following definitions are applicable to all aspects of the certification of pesticide applicator program in this part: (1) The term accident means an unexpected, undesirable event, caused by the use or presence of a pesticide, that adversely affects man or the environment. (2) The term Act means the Federal Insecticide, Fungicide, and Rodenticide Act, as amended (86 Stat. 973), and other legislation supplementary thereto and amendatory ... thereof. (3) The term Administrator means the Administrator of the Environmental Protection Agency, or any office or employee of the Agency to whom authority has heretofore been delegated, or to whom authority may hereafter be delegated, to act in his-'stead.' .... (4) The term Agency, unless otherwise specified, means the United States Environmental Protection Agency. (5) The term agricultural commodity means any plant, or part thereof, or animal, or animal product, produced by a person (including farmers, ranchers, vineyardists, plant propagators, Christmas tree growers, aquaculturists, floriculturists, orchardists, foresters, or other comparable persons) primarilY for sale,, consumption, propagation, or other use by man or animals. (6) The term calibration of equipment means measurement of dispersal or output of application equipment and adjustment of such equipment to control the rate of dispersal, and droplet or particle size of a pesticide dispersed by the equipment. (7) The term certification means the recognition by a certifying agency that a person is http://www.pestlaw.com/x/cfr/part 171 .htm 3/7/2002 ' 40,C.F.R. Part 171 --CertifiCati~ fPesticide Applicators Page 1 of 5 ~. · § 1~7.!)~/4 ~. standards for ee~fic~tion 0f. c0.nunercial (a) Determination of competency. Competence in the use and handling of pesticides shall be determined on the basis of written examinations, and, as appropriate, performance testing, based upon standards set forth below and which are approved by the Administrator. Such examination and testing, shall include the general standards applicable to all categories (§ 171.4(b)) and the additional standards specifically identified for each category or subcategory (if any) in which an applicator is to be classified (§ 171.4 (c)). State standards must conform and be at least equal to those prescribed herein. In developing the details of standards at the State level and in structuring examinations, it is important to recognize and reflect the extent of competency appropriate and necessary to a particular category. (b) General standards for all categories of certified commercial applicators. (1) All commerCial appli¢'ators shall demonstrate'practical kn°wledg~' ~f ~he Pfin6iples and practices of pest control and safe use of pesticides. Testing shall be based on examples of problems and situations appropriate to the particular category or subcategory of the applicator's certification and the following areas of competency: (i) Label & labeling comprehension. (a) The general format and terminology of pesticide labels and labeling; (b) The understanding of instructions, warnings, terms, symbols, and other information commonly appearing on pesticide labels; (c) Classification of the product, general or restricted; and (d) Necessity for use consistent with the label. (ii) Safety. Factors including: (a) Pesticide toxicity and hazard to man and common exposure routes; (b) Common types and causes of pesticide accidents; (c) Precautions necessary to' guard against injury to applicators and other individuals in or near treated areas; (d) Need for and use of protective clothing and equipment; (e) Symptoms of pesticide poisoning; (f) First aid and other procedures to be followed in case of a pesticide accident; and ..... :.. · (g) Proper identification, storage, transport, handling, mixing .... procedures and disposal methods for pesticides and used pesticide containers, including precautions to be taken to prevent children http://www.pestlaw.com/x/cfr/part 171 .htm 3/7/2002 · -' ;40:C.F.R. Part 171 -- Certificat~of Pesticide Applicators Page 2 of 5 from having access to pesticides and pesticide containers. (iii) Environment. The potential environmental consequences of the use and misuse of pesticides as may be influenced by such factors as: (a) Weather and other climatic conditions; (b) Types of terrain, soil or other substrate; (c) Presence of fish, wildlife and other non-target organisms; and (d) Drainage pattems. (iv) Pests. Factors such as: (a) Common features of pest organisms and characteristics of damage needed for pest recognition; (b) Recognition of relevant pests; and (c) Pest development and biology as it may be relevant to problem identification and control. (v) Pesticides. Factors such as: (a) Types of pesticides; (b) Types of formulations; · (c) Compatibility, synergism, persistence and animal and plant toxicity of the formulations; (d) Hazards and residues associated with use; ............ (e) Factors which influence effectiveness or lead to such problems as resistance to pesticides; and (f) Dilution procedures. (vi) Equipment. Factors including: (a) Types of equipment and advantages and limitations of each type; and (b) Uses, maintenance and calibration. (vii) Application techniques. Factors including: (a) Methods of procedure used to apply various formulations of http://www.pestlaw.corn/x/cfr/part 171 .htm 3/7/2002 · 40.C.F.R. Part 171 -- Certificati{ fPesticide Applicators Page 3 of~ ' ~ pesticides, solutions, and gases, together with a knowledge of which technique of application to use in a given situation; (b) Relationship of discharge and placement of pesticides to proper use, unnecessary use, and misuse; and (c) Prevention of drift and pesticide loss into the environment. (viii) Laws and regulations. Applicable State and Federal laws and regulations. (c) Specific standards of competency for each category of commercial applicators. Some of the factors referenced in paragraph (b) of this section are of particular importance because of the different types of activities carded out by applicators in each category. Such factors must be especially stressed and specifically reflected in State certification standards, as appropriate. For example, practical knowledge of drift problems should be required of agricultural applicators but not of seed treatment applicators. The latter, however, should be particularly knowledgeable of the hazards of the misuse of treated seed and the necessary precautionary techniques. Many applicators in § 171.3(b) (8), (9), and (10) will have had considerable formal education, training and experience in preparation for their positions. Their competency with respect to the use and' handling of pesticides will have been determined by examining boards of their professional scientific societies utilizing standards which equal or exceed those prescribed herein. Such standards should be consulted by States in developing their State standards for certification of such applicators under these regulations. Commercial applicators in each category shall be particularly qualified with respect to the practical knowledge standards elaborated below: (1) Agricultural pest control-- (i) Plant. Applicators must demonstrate practical knowledge of crops grown and the specific pests of those crops on which they may be using restricted use · -. pesticides. The importance of such competency is amplified by the extensive areas involved, the quantities of pesticides needed, and the ultimate use of .~,.:... many commodities as food and feed. Practical knowledge is required concerning soil and water problems, pre-harvest intervals, re-entry intervals, phytotoxicity, and potential for environmental contamination, non-target injury and community problems resulting from the use of restricted use pesticides in agricultural areas. (ii) Animal. Applicators applying pesticides directly to animals must demonstrate practical knowledge of such animals and their associated pests. A practical knowledge is also required concerning specific pesticide toxicity and residue potential, since host animals will frequently be used for food. Further, the applicator must know the relative hazards associated with such factors as formulation, application techniques, age of animals, stress and extent of treatment. (2) Forest pest control. Applicators shall demonstrate practical knowledge of types of forests, forest nurseries, and seed production in their State and the pests involved. They should possess practical knowledge of the cyclic occurrence of certain pests and specific population dynamics as a basis for programming pesticide applications. A practical knowledge is required of the relative biotic agents and their vulnerability to-the pesticides to be applied. Because forest stands may be large and frequently include natural aquatic http://www.pestlaw, com/x/cfr/part 171 .htm 3/7/2002 , .~.'~4(}. C.F.R. Part 171 -- Certifica~ of Pesticide Applicators Page 4 of 5 habitats and harbor wildlife, the consequences of pesticide use may be difficult to assess. The applicator must therefore demonstrate practical knowledge of control methods which will minimize the possibility of secondary problems such is unintended effects on wildlife. Proper use of specialized equipment must be demonstrated, especially as it may relate to meteorological factors and adjacent land use. (3) Ornamental and turf pest control. Applicators shall demonstrate practical knowledge of pesticide problems associated with the production and maintenance of ornamental trees, shrubs, plantings, and turf, including cognizance of potential phytotoxicity due to a wide variety of plant material, drift, and persistence beyond the intended period of pest control. Because of the frequent proximity of human habitations to application activities, applicators in this category must demonstrate practical knowledge of application methods which will minimize or prevent hazards to humans, pets, and other domestic animals. (4) Seed-treatment. Applicators shall demonstrate practical knowledge of types of seeds that require chemical protection against pests and factors such as seed coloration, carriers, and surface active agents which influence pesticide binding and may affect germination. They must demonstrate practical knowledge of hazards associated with handling, sorting and 'mixing, and misuse of treated seed such as introduction of treated seed into food and feed · ..... channels, as well as proper disposal .of unused treated seeds. (5) Aquatic pest control. Applicators shall demonstrate practical knowledge of the secondary effects which can be caused by improper application rates, incorrect formulations, and faulty application of restricted use pesticides used in this category. They shall demonstrate practical knowledge of various water use situations and the potential of downstream effects. Further, they must have practical knowledge concerning potential pesticide effects on plants, fish, birds, beneficial insects and other organisms which may be present in aquatic environments. These applicators shall demonstrate practical knowledgf.of~ the principles of limited area application. (6) Right-of-way pest control. Applicators shall demonstrate practical knowledge of a wide variety of environments, since rights-of-way can traverse many different terrains, including waterways. They shall demonstrate practical knowledge of problems on runoff, drift, and excessive foliage destruction and ability to recognize target organisms. They shall also demonstrate practical knowledge of the nature of herbicides and the need for containment of these pesticides within the right-of-way area, and the impact of their application activities in the adjacent areas and communities. (7) Industrial, institutional, structural and health related pest control. Applicators must demonstrate a practical knowledge of a wide variety of pests, including their life cycles, types of formulations appropriate for their control, and methods of application that avoid contamination of food, damage and contamination of habitat, and exposure of people and pets. Since human exposure, including babies, children, pregnant women, and elderly people, is frequently a potential problem, applicators must demonstrate practical knowledge of the specific factors which may lead to a hazardous condition, including continuous exposure in the various situations encountered in this category. Because health related pest control may involve outdoor applications, applicators must also demonstrate practical knowledge of environmental conditions, particularly related to this activity. (8) Public health pest control. Applicators shall demonstrate practical knowledge of vector- disease transmission as it relates to and influences application programs. A wide variety of http://www.pestlaw.com/x/cfr/part 171 .htm 3/7/2002 ..' 40. C.F.R. Part 171 -- Certificatio~f Pesticide Applicators Page 5 offf pests is involved, and it is essential that they be known and recognized, and appropriate life cycles and habitats be understood as a basis for control strategy. These applicators shall have practical knowledge of a great variety of environments ranging from streams to those conditions found in buildings. They should also have practical knowledge of the importance and employment of such non-chemical control methods as sanitation, waste disposal, and drainage. (9) Regulatory pest control. Applicators shall demonstrate practical knowledge of regulated pests, applicable laws relating to quarantine and other regulation of pests, and the potential impact on the environment of restricted use pesticides used in suppression and eradication programs. They shall demonstrate knowledge of factors influencing introduction, spread, and population dynamics of relevant pests. Their knowledge shall extend beyond that requiredby their immediate duties, since their services are frequently required in.other areas of the country where emergency measures are invoked to control regulated pests and where' individual judgments must be made in new situations. (10) Demonstration arid research pest control. Persons demonstrating the safe and effective use of pesticides to other applicators and the public will be expected to meet comprehensive standards reflecting a broad spectrum of pesticide uses. Many different pest problems .... ' ' ' situations will be encountered in the course of activities associated with demonstration, and practical knowledge of problems, pests, and population levels occurring in each demonstration situation is required. Further, they should demonstrate an understanding of a pesticide-organism interactions and the importance of integrating pesticide use with other control methods. In general, it would be expected that applicators doing demonstration pest control work possess a practical knowledge of all of the standards detailed in § 171.4(b). In addition, they shall meet the specific standards required for paragraphs (c) (1) through (7) of this section as may be applicable to their particular activity. Persons conducting field research or method improvement work with restricted use pesticides shouid be expected to know the general standards detailed in § 171.4(b). In addition, they shall be expected to know the specific standards required for paragraphs (c) (1) through (9) of this section, applicable to their particular activity, or alternatively, to meet the more inclusive requirements liSted under "Demonstration." (d) Special standards. This space reserved for possible issuance of Special Standards. (e) The above standards do not apply to the following persons for purposes of these regulations. (1) Persons conducting laboratory type research involving restricted use pesticides; and (2) Doctors of Medicine and Doctors of Veterinary Medicine applying pesticides as drugs or medication during the course of their normal practice. http://www.pestlaw.corn/x/cfr/part 171 .htm 3/7/2002 HOward Wines' Sampling SOP.wpd .. Page 1 II Industrial Waste Sampling Program Sampling SOP 1. Container Control Sample bottles are cleaned by the laboratory according to their quality assurance protocols. Preservative may be added to the sample bottle by the laboratory depending on the type of analysis to be performed. Equipment, sampling containers, and automatic samplers are cleaned by the pretreatment personnel according to the City's approved procedures and the procedures outlined in the EP^'s Industrial User Inspection and Sampling Manual for POTW's. 2. Grab Sampling A grab sample is defined as "an individual sample collected over a period of time not exceeding 15 minutes." A grab sample is collected when any of the following conditions occur: a) The set up of an automatic sampler is not feasible due to flow or site arrangement. b) The flow is of short duration. c) The flow is not continuous (i.e., batch discharge). d) Waste characteristics are relatively constant. e) Analytical parameters require a grab sample 2.1 Obtaining a Grab Sample Manually Sample Bottle with No Preservative To obtain a manual grab sample you will need the appropriate sample bottle (label the sample bottle prior to sampling) and a sampling pole, as needed. The sample bottle is attached to the pole and lowered into the wastestream until the bottle is completely filled. Sample Container with Preservative To obtain a manual grab sample you will need the appropriately preserved sample bottle (label the sample bottle prior to sampling) and a sampling pole, as needed. Attach the bottle to the sampling pole and lower it into the wastestream until the bottle is full. Special care should be taken so that no preservative is lost. Should an inspector suspect the loss of preservative while obtaining the sample, a note will be made on the chain of custody (COC) and in the sampling notes. The laboratory should be instructed S:~C-prel~eatment~SOPs~Sampling SOP.wpd I March 13, 2002 Howard Wines - Sampling SOP.wpd ~- to add additional preservative, if needed. SAC-pmlmatment~SOPs~Sampling SOP.wpd 2 March 13, 2002 I H0ward Wines - Sampling SOP.wpd -" ""- Page 31 Usinq a Container (Beaker) to Transfer Effluent to Sample Bottle or to Measure pH The sampling container is attached to the pole and lowered into the wastestream where it is first rinsed by the effluent. (This is known as "seeding."). Afterwards, fill the container and transfer the liquid from the container into the sample bottle. Repeat the transfer until the sample bottle is full 2.2 Obtaining Grab Sample with a Transfer Device Other transfer devices can be used to obtain a grab sample when it cannot be obtained with a sampling pole. The device must be properly cleaned according to test specifications. The sample may be collected in a clean container or an appropriate sample bottle. Note: an Oil & Grease sample cannot be obtained throu.qh this method. 3. Composite Sampling According to the EPA's Industrial User Inspection and Sampling Manual for POTW's, composite samples are those collected over a period greater than 15 minutes and are formed by combining the appropriate number of discrete samples taken during the sampling event. This type of sampling is used to determine the average pollutant concentration of the sampling event. The number and volume of the discrete samples can vary depending on the type of compositing used and the length of the sampling event. For example, the length of the sampling event is 24 hours if the facility discharges for 24 hours. If a facility is open 24 hours but discharges for only 6 hours, then a 6-hour composite sample is collected. Composite sampling can be either time-proportional or flow-proportional. 3.1 Time-Proportional Composite Sampling Samples are collected at equal time intervals. This method works well when the flow of the sample stream is relatively constant (does not vary more than 10% of the average flow rate over time) 3.2 Flow-Proportional Sampling a) Discrete samples are collected at a constant interval and the volume collected is proportional to the flow at the given moment of occurrence. The samples are manually composited afterwards. b) Samples are taken at a constant volume for each volume of wastestream flow (e.g., 200 mL sample collected for every 5,000 gallons of flow) at a time interval inversely proportional to the wastestream flow. S:~C-prelreatment~SOPs~Sampling SOP.wpd 3 March 13, 2002 Howard Wines - Sam Page 411 4. Automatic Sampler Set Up and Retrieval 4.1 Set Up a) Test the automatic sampler and the batteries before going to the location of the event. b) Fill the ice chest(s) with ice. c) Set up the sampler at the location. Observe all necessary traffic safety precautions when setting up the sampler. d) Check the sampler's parameters and verify the sample volume. e) Pack the sampler with ice. f) Check if the length of the sample draw tube is correct. g) If necessary set the sampler on a cable support. h) Lock the sampler before positioning the strainer and lowering the sampler. i) Log the sampler number, the battery ID, the sample location, and the sampling parameters set on the automatic sampler's program. Record any necessary modifications. j) Clean the area before leaving. 4.2 Retrieval a) Retrieve the automatic sampler and log the sampler's end time and its retrieval time. b) If necessary, manually composite the samples. c) Stir the composite jar with a stirring rod. d) Decant the sample to the appropriate sample analysis containers. Verify the label information, attach custody seals, and store them in an ice chest. e) Using the remaining liquid in the composite jar, measure and record the pH and the EC. f) Note the sample description and the sample ID in the sampling notes and on the COC. g) Clean the area and put away the equipment. h) Transport samples to a certified laboratory (sample storage and preservation should follow the protocols set in 40 CFR Part 136). S:\C-pret~eatment~SOPs\Sampling SOP.wpd 4 March 13, 2002 rHoward Wines - Sampling SOP.wpd '-"'- ~l 5. Sample Handling and Transport Once a sample is collected, precautions must be taken to ensure sample validity and security. Every sample collected, regardless of type, should be handled according to the protocols set in 40 CFR Part 136. Once a sample is collected, the following procedures should be used: a) Sample container and sample blanks (if required) should be labeled with: 1. City of Bakersfield's established sample identification system. 2. Type of sample collected: Grab, Composite Sample, or Manual Composite Sample (composite of grabs). 3. Date and time of sample collection. 4. Initials of the sampling personnel. b) Place tamper-proof custody seals on the sample container's lid and overlap onto the bottle. If required, the seal will be initialed by the inspector(s). c) Immediately after, samples should be placed in the ice chest(s). The ice chest(s) should have enough blue ice, crushed ice, or other coolants to maintain a temperature of 4°C. The samples are to be transported to the laboratory as soon as possible. d) Field analyses (pH/EC) are to be recorded accurately and neatly in the appropriate log book immediately after the sampling is completed. All entries should indicate the time, the date, and the inspector(s) who conducted the analysis. Reminder: pH e(~uioment must be calibrated immediately prior to analysis. e) If an automatic sampler was used. Record the sampler's ID number and the program. f) Complete a chain of custody (COC) form. See an attached example. g) Document any conversation with industry personnel that would be pertinent. h) Document any unusual occurrences in the sampling notes. i) Some sample bottles contain preservative. If the inspector suspects some or all of the preservative was lost during sampling, the inspector should note this suspicion on the COC and in the sampling notes, and inform the laboratory upon delivery. S:\C-p~etreatment~SOPs~Sampling SOP.wpd 5 March 13, 2002 Howard Wines - Sampling SOP.wpd '"'- Page 6 I1 j) If a sample is obtained in an unpreserved bottle and the analysis/holding time requires a preservative, the inspector will preserve the sample in ice and instruct the laboratory to add the necessary preservative upon receipt. The inspector should note this information on the COC and in the sampling notes. k) All precautions will be taken to insure the samples are secure. Inspectors will keep all doors locked and may choose to tape shut the ice chest and initial the seal in such a manner that tampering would be noted. 6. Transfer of Custody After delivering the samples to the laboratory, samples are to be identified and inventoried by the laboratory personnel. The chain of custody (CO(::) should be signed by both the relinquishing and the receiving parties. Once this takes place, responsibility of the samples is transferred to the laboratory. The inspector should obtain a signed copy of the COC. S:\C-pmtreatment~SOPs~Sampling SOP.wpd 6 March 13, 2002 Arsenic Delta Guard Cyclopropanecarboxylic acid Barium Granular 3-(2,2-dibromoethenyl)-2,2-dimethyl-,cyano(3-phenoxyphenyl)methyl ester Benzene [1 R-(1 .alpha.(S*),3.alpha)] 'Cadmium Benzene Carbon tetrachloride Knox Out Phosphorothioic acid ~hlordane Liquid O,O-diethyl O-[6-methyl-2(1-methylethyl)-4-pyrimidinyl] ester Chlorobenzene chloroform Demand Cyclopropanecarboxylic acid Chromium Lambda- 3-2-ch~~r~-3~3~3~trifiu~r~-1-pr~peny~)~2~2-dimethy~-cyan~~3-phen~xypheny~)methy~ ester ~)-Cresol cyhalotrin 1 .alpha.(S*),3.alpha.(z)-(.+-.)- m-Cresol Liquid )-Cresol Cresol 2,4-Dichlorobenzene Methyl Bromide Methane,bromo- 1,2-Dichlorobenzene Gas 1,1 -Dichlorobenzene 1,2-Dichlorobenzene 2,4-Dinitrotoluene Vikane Sulfuryl fluoride Endrin Gas Heptachlor Hexachlorobenzene Hexachlorobutadiene Composition/Information on Ingredients - MSDS Hexachloroethane Lead Lindane Delta Guard Deltamethrin Mercury Methoxychlor Knox Out Diazinon Methyl ethyle ketone Nitrobenzene Demand Petroleum Solvent Pentachlorophenol Lambda- Naphthalene Pyridine cyhalotrin Titanium Dioxide selenium Lambda-Cyhalothrin Technical Silver Tetrachloroethylene Toxaphene Tetrachloroethylene Trichloroethy~ene 2,4,5-Trichlorophenol 2,4,6-Trichlorophenol 2,4,5-TP (Silvex) Vinyl chloride Antimony Asbestos Berylluium Cobalt Copper Fluoride salts Molybdenum Nickel Selenium Thallium Vanadium Zinc Aldrin Chlorodane DDT,DDE, DDD 2,4-Dichtorophenoxyacetic acid Dieldrin Dioxin Kepone Mirex Polychlorinated biphenyls 2,4,5-Trichlorophenoxypropionic acid 1,4-Dichlorobenzene Ethylbenzene Methylene Chloride GC/MS SEMI-VOLA'I'ILF-~ POLw PC:tLs PQLw PQLs __ N,NtTRO$ODIMETHYLAMINE 2 O. 1 ' DIETHYLPHTHALATE ~ O. 1 PYRIDtNE' 10 0,5 FLUORENE 2 0.1 PHENOL . 2 0.1 4-C HLOR0 PHENYL.PHENYI. ETHER 2 0.1 ANILINE 5 0.2 4,.NITROANILINE BiS( 2-C HLOROETHYL)ETHER 2 0.1 4, 6.DINITRO.2.METHYI.PHENOL 10 0.5 2.CHI. OROPHENOI. 2 0.1 N-NITROBODIPHENYLAMtNE 2 0,1 1,3.D[CHLOROBEZENE 2 0.1 ALPHA-BHC 2 0.1 1.4.OICHLOROBENZENE :2 0.1 BI~TA-BHC 2 0,1 1.2-DICHLOROBENZENE 2 0,1 GAMMA-BHC 2 0.1 BEN'ZYL ALCOHOL 2 O. 1 DELTA-BHC 2 0, I 2-METHYLPHENOL ~. 2 0.1 HEPTACHLOR 2 0.1 81~(2-CHLOROI$OPROPYLIETHER , ,. 2 O.1 ALDRIN 2 0, I 4-METHYt.PHENOI. " 2 ' 0.1 HEPTACNLOR EPOXlOE 2 0,1 N-NITROSO.Di-N-PROPYI..AMINE 2 0,1 ENDOSUI.FAN I 10 0.2 HEXACHI.OROETHANE 2 0.1 PP-DDE 3 0,1 NITROBENZENE 2 0.1 DIELDRIN 3 0.1 ISOPHORONE 2 0.1 ENDRIN 2 0.2 2.NITROPHENOI. 2 0.1 ENDOSULFAN II 10 0.2 2,4-QIMETHYLPHENOt. 2 0.1 PP-OOD 2 0,1 615 {2-CHI.OROETH OXY)METHANE 2 0.1 ENORIN ALDEHYDE 10 2,4-OICH~OROPHENOL 2 ~ 0.1 ENDOSULFAN SULFATE 3 BENZOIC ACID 100 0,5 PP-DDT 2 0,1 1,,2,4-TRICHLOROBENZENE 2 0,1 4-BROMOPHENYLi;;HENYL ETHER 2 0.1 NAPHTHALENE 2 0.1 HEXACHLOROBENZENE 2 O, 1 4,,,CHLOROANILINE 2 O. 1 PENTACHLOROPHE, NOL 10 .r 0,2 HEXACHLOROBUTADIENE 2 0.1 PHENANTHRENE 2 0.1 4"CHI..ORO"3'M ETHYI. RHENOL 5 0.2 ANTHP~CENE 2 0' I 2--M ETHYl--NAPHTHALENE 2 O. 1 DI--N 'BUTYLPHTHALATE 2 0.1 HEXACHLOROCYCLOPENTAOIENE 2 0.I FLUORANTHENE ' .. 2 0.1 2,4,6'TRICHLOROPHENOI' 5 0.2 BENZIDINE $0 3 2o4, 5.TRICHLOROPHENOL 5 0.2 PYRENE 2 0.1 2.CHLORONAPHYHALENE 2 0,.1 I~TYI.BENZYt.PHTHAI,.ATE 2 0,1 2-NITROANILINE . 2 O. 1 BENZOIA)ANTHRACENE . . 2 0,1 01MEI"HYPHTHAt. ATE 2 0,1 3,3'-DICHLOROBENZIOINE ~ 0,2 -- 2,B-OINITROTOLUENE 2 0.1 CHRYGENE 2 0.1 ANENAPHTHY'LENE 2 O. 1 BIS(2,ETHY1.HEXYtJPHTHAI.A'I"E 6 0.2 3-HI'I'ROANILINE 2 O, 1 DI.N. OCTYLPHTHAI.A'rE 2 0.1 ACENAPHTHENE 2 0.1 BENZO{B}FLUORANTHENE 2 0.1 2,4-OINITROPHENOL 20 0.5 BENZO(K)FI.UORANTNENE 2 0.1 4,-NITROPHENOL 10 0.2 BENZO(A)PYRENE -' 2 0.1 DIBENZOFURAN 2 0.1 INDENO(1,, 2,3.-CD) PYRENE 2 0,1 2,4-O!NITROTOLUENE ~ 0.1 DIBENZ(A,H)ANTHRACENE 3 O. 1 2-NAPHTHYLAMINE 20 3 BENZO(G,H,I)PERYLENE 2 -0.1 1 QUART AMBER FOR WATERS OR 8OZ FOR SOILS '~2~'0 TC4,° ON£ Y .. *'Rev date 7/10/00 * **A SUPPLEMENTAL CffARGE MA Y BE INCURRED IF ADDITIONAl. ANAL YTE$ ARE ADDED AFTER ANAL YSE$ ARE COMPLETED. MAR-O~-L~002 10:01 FROM: TO: ~.003~003 NOR~t~J. 7'AJ~GE'I' ANALYTE$ ,,,.,., ,,.,,. ,. ~,,~ ,,,~ EPA 625 / 8270 ~""'"'"'~'"'"~ Ex~.~,s ~.~ ^..~.~x ~x BC LABORA'rORtES INC. ,-oo,~'~,s cT. PQL_w_ ETHYL METHACRYLATE 10 PENTACHLORONITROBEN~ENE 10 2-PtCOI.INE 10 4,.AMINOBIPHENYL 20 N.NITROSOMETHYLETHY LAMINE 10 PRONAMIDE 10 METHYL METHANESULFONATE 10 OlNOS£~I 10 N-NITRO SODtETHYLAMINE 10 DISULFOTON 10 10 METHYl. PARATHION 10 ETHYl. METHANE SULFONATE : &.NiTROQU~,NOMNE.N.OXlD£ 20 pENTACHLOROETHANE 2.0 N.NITROSOPYRROLtDINE 10 PARATHION 10 ACETOPHENONE 10 METHAPYRILENE 3-M~[THYI.PHENOt 10 I$ODR[N ! O 2-TOI-UIDINE 10 P-DIMETHYLAMINOAZOI~=-NZENE 10 N-NITRO$OMORPHOLINE 10 CHLOROBENZILAYE 10 N-NITROSOPIPERIDINE 10 TRANS-CHLORDANE 20 O ,O,O.TRIETHYLPHOSPHOROTHIOATE 10 CIS-CHLORDANE 20 2,6-DICHLOROPHENOL 10 ARAMITE 10 HEXACHLOROPROPHENE 20 3,3',DIMF. THYLBENZIDIN E 20 10 2.ACEYYLAM INO FLUO RENE 10 N-NiTRO$ODIBUTYLAMINE .. .... · 1,4-PHENYLENEOtAMINE 20 7,12.OiMETHYLBENZIA)ANTHRACENE 10 ISOSAFROLE 10 3-METHYLCHOLANTHRENE ¶ O 1-METHYl-NAPHTHALENE 10 DIMETI-WLSULF0Xl0E (DMSO) 10 1,2,4,5-TETRACHLORO BENZENE 10 a.a-DIMETHYLPHENETHYLAMINE 20 SAFROLE 10 KEPONE 20 1-CHLORONAPHTHALENE 10 FAMPHUR 20 1,4-NAPHTHOQUINONE 20 AROCHLOR 1260 1,3.DINITROIBENT..ENE 10 HEXACHLOROPHENE 200 PENTACHLOROBENZENE 10 ETHAFLURAMN 10 ! -NAPNTHYLAMINE 20 PENDIMETHALIN 10 2,3o4,6.TE .TRACHLOROPHENOL 10 PROM ETRYN 1 THIONAZlN 10 PROWl. I 0 5-NtTRO-O-TO LUID[N E 10 S,S,S-TRIBLII'VLPHOSPHOROTRITHIOATE 10 DIPHENYLAMINE 10 SULFOTEPP 10 1 ,~,$-TRINITROBENZENE 10 DIALLATE 10 PHORATE 10 PHENACETIN 10 DIM£THOATE 20 *ALL COM]PO~ LISTED ABO¥1~ AR~ ]BY REQ'0EST ONLY. **Rev date 7/10/00 **aA SUPPLEMENTAL CHARGE MA Y BE INCURRED IF ADDITIONAL ANAL YTES ARE ADDED AI~ER ANAL YE;ES ARE COMPLETED. Aventis Material Safety Data Sheet MSDS Number: 53 DELTAGARD TM G INSECTICIDE GRANULE MSDS Version 1.1 SECTION 1. CHEMICAL PRODUCT AND COMPANY INFORMATION Product Name DELTAGARD G INSECTICIDE GRANULE Chemical Name Mixture; active ingredient, deltamethrin: (s)-alpha-cyano-3-phenoxybenzyl- (1R,3R)-3-(2-2-dibromovinyl) -2,2-dimethyl-cyclopropanecar Synonym MSDS Number 53 Chemical Family Chemical Formulation EPA Registration No. 432-836 Canadian Registrat. No. Aventis 95 Chestnut Ridge Road Montvale, NJ 07645 USA For Product Use Information: (800)331-2867 Monday through Friday 8:00AM-4:30PM For Medical Emergency contact DART: (800) 334-7577 24 Hours/Day For Transportation Emergency CHEMTREC: (800) 424-9300 24 Hours/Day Product Use Description DeltaGard G Insecticide Granule is a broad spectrum residual pyrethroid insecticide for the control of major insect pests in turfgrasses and landscape ornamentals (including interior plantscapes) and around the perimeters of structures in residential, commercial and recreational areas. I ~T SECTION 2. COMPOSITION/INFORMATION ON INGREDIENTS Component Name CAS No, Concentration % bv Weiqht Minimum Maximum Deltamethrin 52918-63-5 0.1000 Other ingredients, including: 0-08-8 99.9000 Trade secret > 95.0000 SECTION 3. HAZARDS IDENTIFICATION NOTE: Please refer to Section 11 for detailed toxicological information. Emer.qency Overview Harmful if swallowed. Causes moderate eye irritation. This product is extremely toxic to fish. Physical State solid Odor Strong shoe-polish, mothball and salty solvent like odor Appearance tan Page 1 of 6 Material Safety Data-i~heet MSD$ Number: 53 DELTAGARD TM G INSECTICIDE GRANULE MSDS Version 1.1 Exposure Limits None Established SECTION 9. PHYSICAL AND CHEMICAL PROPERTIES Appearance tan Physical State solid Odor Strong shoe-polish, mothball and salty solvent like odor pH Not applicable Vapor Pressure Not applicable Vapor Density (air -- 1) Not applicable . . Specific Gravity N/A Density 52.3 Ib/ft3 or 0.84 g/cm3 (fluffed)61.2 Ib/ft3 or 0.98 g/cm3 (compacted) Boiling Point Not applicable Melting/Freezing Point Not applicable Solubility (in water) soluble Viscosity Not applicable Other Information PERCENT VOLATILES: Not applicable EVAPORATION RATE: Not applicable SECTION 10. STABILITY AND REACTIVITY Chemical Stability Stable Incompatibility Strong oxidizers, bases, chlorates, and nitrates. Hazardous Products of Ammonia and sulfur trioxide. Decomposition Hazardous Will not occur Polymerization (Conditions to avoid) SECTION 11. TOXICOLOGICAL INFORMATION ri! Acute Oral Toxicity LD50 (rat) = 2613 mg/kg Acute Dermal Toxicity (Rabbit): LD50 > 5,000 mg/kg Skin Irritation (Rabbit): Non-irritating Eye Irritation (Rabbit) Moderately irritating Page 3 of 6 Material Safety Data heet MSDS Number: 53 DELTAGARD '" G INSECTICIDE GRANULE MSDS Version 1.1 Routes of Exposure Ingestion, eye and skin contact. Immediate Effects Eye Causes moderate eye irritation. Ingestion Harmful if swallowed. Signs and Symptoms If swallowed, gastric upset and diarrhea can occur. SECTION 4. FIRST AID MEASURES Eye Flush eyes with plenty of water. Call a physician if irritation persists. Ingestion Call a physician or Poison Control Center. Drink 1 or 2 glasses of water and induce vomiting by touching the back of throat with finger. If person is unconscious, do not give anything to mouth and do not induce vomiting. SECTION 5. FIRE FIGHTING ~EASURES r~ '~ -i~- ............ ~ ..................... Suitable Extinguishing Carbon dioxide, dry chemical, foam or water. Media Fire Fighting As in any fire, wear self-contained breathing apparatus pressure-demand, Instructions MSHNNIOSH approved (or equivalent) and full protective gear. i1~, ,,,~.~,~__~ ~ ~,~ ......... I J_l[l II . SECTION 6. ACCIDENTAL RELEASE MEASURES General and Disposal Sweep up and remove to chemical waste area. SECTION 7. HANDLING AND STORAGE Handling Procedures Avoid contact with eyes or clothing. Food utensils such as spoons and measuring cups must not be used for food purposes after use in measuring pesticides. Do not allow children or pets on treated areas until granules have been watered into the soil and the grass or soil is dry. Storing Procedures Do not contaminate water, food or feed by storage. Store in original container in a secured, dry storage area. Prevent cross-contamination with other pesticides and fertilizers. Work/Hygienic Wash thoroughly with soap and water after handling. Procedures SECTION 8. EXPOSURE CONTROLS/PERSONAL PROTECTION Eye/Face Protection Safety glasses or goggles. Body Protection Impervious gloves. Respiratory Protection A NIOSH-approved respirator is recommended for poorly ventilated application areas. Page 2 of 6 Material Safety Dat~heet MSDS Number: 53 DELTAGARD TM G INSECTICIDE GRANULE MSDS Version 1.1 SECTION 15. REGULATORY INFORMATION US Federal EPA Registration No. 432-836 TSCA list None TSCA 12b export notification None SARA Title III - section 302 - notification and information None SARA Title III - section 313 -toxic chemical release reporting None US States Regulatory CA Prop65 This product contains a chemical known to the state of Californi~ to Cause cancer. None This product contains a chemical known to the state of California to cause birth defects or other reproductive harm. None US State right-to-know ingredients None Canadian Regulations Canadian Registrat. No. Canadian Domestic Substance List None " Environmental CERCLA None Clean Water Section 307 Priority Pollutants None Safe Drinking Water Act Maximum Contaminant Levels None International Regulations EU Classification None European Inventory of Existing Commercial Substances (EINECS) Deltamethrin 52918-63-5 Page 5 of 6 Material Safety Data Sheet MSDS Number: 53 DELTAGARD TM G INSECTICIDE GRANULE MSDS Version 1.1 Sensitization (Guinea pig): Negative THE FOLLOWING DATA WERE DEVELOPED WITH: Deltamethrin Technical, the active ingredient Chronic Toxicity Deltamethrin technical is not carcinogenic based on animal studies. Assessment Carcinogenicity ACGIH None NTP None IARC Deltamethrin 52918-63-5 OSHA None Reproductive & Deltamethrin is not considered to be a reproductive toxin based on animal Developmental Toxicity studies. Teratogenicity Deltamethrin is not considered to be teratogenic based on animal studies. '1"111 _ _~,~ ~ .... SECTION 12. ECOLOGICAL INFORMATION Environmental This product is extremely toxic to fish and aquatic invertebrates. Do not apply Precautions directly to water, to areas where surface water is present or to intertidal areas below the mean high water mark. Use with care when applying in areas adjacent to any body of water. Do not contaminate water when disposing of equipment washwaters. SECTION 13. DISPOSAL CONSIDERATIONS General Disposal Do not contaminate water, food or feed by disposal. Guidance Pesticide Disposal: Wastes resulting from use of this product may be disposed of on site or at an approved waste disposal facility. Container Disposal Completely empty bag (by shaking and tapping sides and bottom) into application equipment. Dispose of bag in a sanitary landfill or by incineration if allowed by state and local authorities. RC~ C~SSIFICATION: RCRA H~ARDOUS WASTE INGREDIENT: None "' '" ~ ' ~ ~, ~, .... I i~ II '1 SECTION 14. T~NSPORT INFORMATION I~1 111111111 I IIII I ........ PROPER SHIPPING NAME: Not DOT regulated Page 4 of 6 ~"-'~ X OUT 2FM Flowable microenc ulated insecticide Material Safety Data Sheet Cerexagri, Inc. cerexal~rt Agrichemicals Group EMERGENCY PHONE NUMBERS: Cerexagri, Inc. Chemtrec: (800) 424-9300 (24hrs) or (703) 527-3887 630 Freedom Business Center, Suite 402 Medical: Rocky Mountain Poison Control Center King of Prussia, PA 19406 (303) 623-5716 (24Hrs) · Information Telephone Numbers Phone Number Available Hrs R&D Technical Service 610-878-6100 8:00am to 5:00pm EST Customer Service 1-800-438-6071 8:00am - 5:00 pm EST Product Name KNOX OUT 2FM Flowable microencapsulated insecticide Product Synonym(s) Chemical Family Organophosphate Chemical Formula C12H21N203P5 Chemical Name Microencapsulated O, O - Diethy - [2-isopropyl-4-methyl-6-pyrimidyl] phosphorothioate EPA Reg Num 4581-335 Product Use Residual pest control 2 COMPOSITION I INFORMATION ON INGREDIENTS Ingredient Name CAS RegistryNumber Typical Wt. % OSHA Diazinon 333-41-5 23 Y The substance(s) marked with a "Y" in the OSHA column, are identified as hazardous chemicals according to the criteria of the OSHA Communication Standard (29 CFR 1910.1200) The components of this product are all on the TSCA inventory list. I3 HAZARDS IDENTIFICATION Emergency Overview Cream to beige liquid with characteristic odor CAUTION! HARMFUL If ABSORBED THROUGH SKIN. Avoid contact with eyes, skin and clothing. Avoid breathing mist. ~ Use only with adequate ventilation. Wash thoroughly after handling. KEEP OUT OF REACH OF CHILDREN. Potential Health Effects Inhalation and skin contact are ,expected to be the primary routes of occupational exposure to this material. This material is a microencapsulated insecticide. Microencapsulation may tend to limit exposure to the product or it may limit the rate of absorption and distribution following exposure. Based on single exposure animal tests, it is considered, to be practically non-toxic if swallowed or inhaled, no more than slightly toxic if absorbed through skin and non-irritating to skin and eyes. The active ingredient, in its non-encapsulated form, is readily absorbed after inhalation and skin Product Code: 12-335 Revision: 3 Issued:15 MAY2001 Page 1 of 6 · *~ ~'~ X OUT 2FM Flowable microencapsulated insecticide Material Safety Data Sheet Cerexagri, Inc. cerexasrl I6 ACCIDENTAL RELEASE MEASURES In Case of Spill or Leak Small spills: soak up with an inert absorbent. Scoop up and place in a clean, dry container. Consult with environmental engineer or professional to determine if neutralization is appropriate and for handling procedures for residual materials. Large spills: Pump into marked containers for disposal or reclamation. Consult a regulatory specialist to determine appropriate state or local reporting requirements, for assistance in waste characterization and/or hazardous waste disposal and other requirements listed in pertinent environmental permits ........ [ 7 HANDLING AND STORAGE I Handling Do not breathe mist. Do not breathe vapor. Do not get in eyes, on skin or clothing. Wash thoroughly after handling. Keep container closed. Empty container may contain hazardous residues. Storage Keep from freezing; material may coagulate. I8 EXPOSURE CONTROLS / PERSONAL PROTECTION Engineering Controls Investigate engineering techniques to reduce exposures. Provide ventilation if necessary to minimize exposures. If practical, use local mechanical exhaust ventilation at sources of air contamination such as open process equipment. · --- Eye / Face Protection " Where there is potential for eye contact, wear chemical goggles and have eye flushing equipment available. Skin Protection Minimize skin contamination by following good industrial hygiene practice. Wearing protective gloves is recommended. Wash hands and contaminated skin thoroughly after handling. Respiratory Protection Where airborne exposure is likely, use NIOSH approved respiratory protection equipment appropriate to the material and/or its components. If exposures cannot be kept at a minimum with engineering controls, consult respirator manufacturer to determine appropriate type equipment for a given application. Observe respirator use limitations specified by NIOSH or the manufacturer. For emergency and other conditions where there may be a potential for significant exposure, use an approved full face positive-pressure, self-contained breathing apparatus or positive-pressure aidine with auxiliary self-contained air supply. Respiratory protection programs must comply with 29 CFR § 1910.134. Airborne Exposure Guidelines for Ingredients Exposure Limit Value Diazinon ACGIH Skin designator Y ACGIH TWA 0.1 mg/m3 Product Code: 12-335 Revision: 3 Issued:15 MAY 2001 Page 3 of 6 C,, K OUT 2FM Flowable microenca; ated insecticide Material Safety Data Sheet Cerexagri, Inc. C~r~xasri contact. Overexposure by inhalation, skin absorption or swallowing may cause organophosphate poisoning (cholinesterase inhibition) with symptoms including swallowing difficulty, gastrointestinal distress, vomiting, diarrhea, increased urination, headache, weakness, tightness in chest, blurred vision, anxiety or confusion, salivation, sweating, constricted pupils, muscle twitching, respiratory distress, convulsions, unconsciousness and possibly death. I4 FIRST AID MEASURES J IF IN EYES, immediately flush with plenty of water for at least 15 minutes. Get medical attention. IF ON SKIN, immediately wash with soap and plenty of water. Remove contaminated clothing and shoes. Get medical attention. Wash clothing before rouse. Thoroughly clean shoes before rouse. IF SWALLOWED, Call a physician or Poison Control Center. Drink 1 or 2 glasses of water and induce vomiting by touching back of throat with finger. If person is unconscious, do not give anything by mouth and do not induce vomiting. NOTE TO PHYSICIANS, The active ingredient is an oranophosphate cholinesterase inhibitor. Atropine is antidotal. 2-PAM is also antidotal and may be administered in conjunction with atropine. Morphine is contraindicated. I 5 FIRE FIGHTING MEASURES Fire and Explosive Properties Auto-Ignition Temperature NA Flash Point 96 deg C Flash Point Method Flammable Limits- Upper NA Lower NA Extinguishing Media Use water spray, carbon dioxide, foam or dry chemical. Fire Fighting Instructions Fire fighters and others who may be exposed to products of combustion should wear full fire fighting turn out gear (full Bunker Gear) and self-contained breathing apparatus (pressure demand NIOSH approved or equivalent). Fire fighting equipment should be thoroughly decontaminated after use. Fire and Explosion Hazards AvOid breathing fumes from fire exposed material. Product Code: 12-335 Revision: 3 Issued:15 MAY2001 Page 2 of 6 ' · ' C..~ X OUT 2FM Flowable microencap'~ulated insecticide Material Safety Data Sheet Cerexagri, Inc. C~r~xa~rt I 1 2 ECOLOGICAL INFORMATION Ecotoxicological Information No data are available. Chemical Fate Information No data are available. I 1 3 DISPOSAL CONSIDERATIONS Waste DispOsal Pesticide wastes are acutely hazardous. Improper disposal of excess pesticide or rinsate is a violation of Federal law. If these wastes cannot be disposed of by use according to label instructions, contact your State Pesticide or Environmental Control Agency, or the Hazardous Waste representative at the nearest EPA Regional Office for guidance. I 1 4 TRANSPORT INFORMATION DOT Name RQ, Environmentally hazardous substances, liquid, n.o.s. DOT Technical Name Diazinon DOT Hazard Class 9 UN Number 3082 DOT Packing Group PG III RQ 1 lb. Marine Pollutant Yes '~. I15 REGULATORY INFORMATION Hazard Categories Under Criteria of SARA Title III Rules (40 CFR Part 370) Immediate (Acute) Health Y Fire N Delayed (Chronic) Health N Reactive N Sudden Release of Pressure N The components of this product are all on the TSCA inventory list. Ingredient Related Regulatory Information: SARA Reportable Quantities CERCLA RQ SARA TPQ Diazinon 1 LBS NE SARA Title III, Section 313 This product does contain chemical(s) which are defined as toxic chemicals under and subject to the reporting requirements of, Section 313 of Title III of the Superfund Ammendments and Reauthorization Act of 986 and 40 CFR Part 372. See Section 2 Diazinon Massachusetts R!ght to Know Product Code: 12-335 Revision: 3 Issued:15 MAY 2001 Page 5 of 6 · * C..~ K OUT 2FM Flowable microencap ted insecticide Material Safety Data Sheet Cerexagri, Inc. cerexagrt -Only those components with exposure limits are pdnted in this section. -Skin contact limits designated with a "Y" above have skin contact effect. Air sampling alone is insufficient to accurately quantitate exposure. Measures to prevent significant cutaneous absorption may be required. -ACGIH Sensitizer designator with a value of "Y" above means that exposure to this material may cause allergic reactions. -WEEL-AIHA Sensitizer designator with a value of '"f" above means that exposure to this matedal may cause allergic skin reactions. I9 PHYSICAL AND CHEMICAL PROPERTIES Appearance/Odor'~ Cream to beige liquid with characteristic Odor pH Nominal 8 (1% dispersion) Specific Gravity 1.041 @ 20 deg C Vapor Pressure NE Vapor Density NA Melting Point NA Freezing Point 0 deg C Boiling Point 100 deg C Solubility In Water Disperses Percent Volatile 70% I 10 STABILITY AND REACTIVITY I Stability This material is chemically stable under normal and anticipated storage and handling conditions. Hazardous Polymerization Does not occur. Incompatibility Materials that react with water. Hazardous Decomposition Products Possible toxic substances from thermal degradation. I11 TOXICOLOGICAL INFORMATION I Toxicological Information Single exposure (acute) studies indicate: Oral- Practically Non-toxic to Rats (LD50 > 5,000 mg/kg) Dermal- No More Than Slightly Toxic to Rabbits (LD50 > 2,000 rog/kg) Inhalation- Practically Non-toxic to Rats (1-hr LC50 22.4 rog/I) Eye Irritation- Non-irritating to Rabbits Skin Irritation- Non-irritating to Rabbits (4-hr exposure, 0.0/8.0) KNOX OUTfi 2FM Insecticide No skin irritation or allergy was reported in guinea pigs following repeated exposures to KNOX OUTfi 2FM in controlled skin contact studies. Product Code: 12-335 Revision: 3 Issued:15 MAY 2001 Page 4 of 6 syn§enta '~ MATERIAL SAFETY DATA SHEET Syngenta Crop Protection, Inc. In Case of Emergency, Call Post Office Box 18300 1-800-888-8372 Greensboro, NC 27419 [ 1. PRODUCT IDENTIFICATION 1 Product Name: KARATE INSECTICIDE with ZEON Product No.: A12871A TECHNOLOGY EPA Signal Word: Warning ..... Active Ingredient(%): Lambda-Cyhalothrin Technical (22.8%) CAS No.: ~. 91465-08-6 Chemical Name: [ I a(S*),3a(Z)]-cyano(3-phenoxyphcnyl)methyl-3-(2-chloro-3,3,3-trifluoro- 1 -propenyl)-2,2- dimethylcyclopropanecarboxylatc Chemical Class: A pyrethroid insecticide EPA Registration Number(s): 100-1097 Section(s) Revised:. 1, 10, 16~ ~ 2. COMPOSITION/INFORMATION ON INGREDIENTS I OSHA ACGIH NTPflARC/OSHA Material PEL TLV Other Carcinogen Petroleum Solvent Not Established Not Established 100 mg/m~ (15 ppm) No TWA * Naphthalene 10 ppm ! 0 ppm (STEL= 15 ppm) Not Established No Titanium Dioxide 15 mg/m3 TWA (total dust) 10 rog/m3 TWA Not Established IARC Group 3 Lambda-Cyhalothrin Technical Not Established Not Established 0.04 mg/m3 TWA . N~ (22.8%) (skin)*** · recommended by manufacturer · ** Syngenta Occupational Exposure Standard (OES) Ingredients not precisely identified are proprietary or non-hazardous. Values are not product specifications. 3. HAZARDS IDENTIFICATION Syrnptoms of Acute Exposure Harmful if inhaled or swallowed. Dust, mist or vapor irritating to eyes and respiratory tract. May cause skin irritation. May cause temporary itching, tingling, burning or numbness of exposed skin, called paresthesia. Hazardous Decomposition Products Can decompose at high temperatures forming toxic gases. Physical Properties Appearance: Beige liquid Odor: Not available at this time Unusual Fire, Explosion and Reactivity Hazards During a fire, irritating and possibly toxic gases may be generated by thermal decomposition or combustion. 14. FIRST AID MEASURES ':*Have the product container, label or Material Safety Data Sheet with you when calling Syngenta (800-888-8372), a poison contol center or doctor, or going for treatment. Product Name: KARATE INSECTICIDE with ZEON TECHNOLOGY Page: Ingestion: Prevent eating, drinking, tobacco usage and cosmetic application in areas where there is a potential for exposure to the material. Wash thoroughly with soap and water after handling. ' Eye Contact: Where eye contact is likely, use chemical splash goggles. Facilities storing or utilizing this material should' be equipped with an eyewash facility and a safety shower. Skin Contact: Where contact is likely, wear chemical-resistant (such as nitrile or butyl) gloves, coveralls, socks and. chemical-resistant footwear. For overhead exposure, wear chemical-resistant headgear. Stringent housekeeping measures are necessary to prevent translocation of the material from contaminated work surfaces to uncontaminated surfaces (railings, doors, etc.). Unprotected contact with such translocated material can result in paresthesia effects (see Section 11). Inhalation: Use process enclosures, local exhaust ventilation, or other engineering controls to keep airborne levels below exposure limits. A NiOSH-certified combination air-purifying respirator with an N, P or R 95 or HE class filter and an organic vapor cartridge may be permissible under certain circumstances where airborne concentrations are expected to exceed exposure limits. Protection provided by air-purifying respirators is limited. Use a pressure demand atmosphere-supplying respirator if there is any potential for uncontrolled ..~ release, exposure levels are not known, or under any other circumstances where air-purifying respirators may not provide adequate protection. 9. PHYSICAL AND CHEMICAL PROPERTIES Appearance: Beige liquid Odor: Not available at this time Melting Point: Not Applicable Boiling Point: Not Available Specific Gravity/Density: 1.10 g/mL pH: 5.4 Solubility in H20 Lambda-Cyhalothrin Technical: 0.004mg/L Vapor Pressure Lambda-Cyhalothrin Technical: 1.5 x 10-9 mmHg ~ 68°F (20°C) [ 10. STABILITY AND REACTIVITY Stability: Stable under standard conditions. Hazardous Polymerization: Not available at this time. Conditions to Avoid: None known. Materials to Avoid: None known. Hazardous Decomposition Products: Can decompose at high temperatures forming toxic gases. Ill. TOXICOLOGICAL INFORMATION Acute Toxicity/Irritation Studies {Finished Product) Ingestion: Moderately Toxic Oral (LDS0 Rat) : = 180 rog/kg body weight Dermal: Slightly Toxic Dermal (LDS0 Rat) : > 2000 mg/kg body weight Inhalation: Practically Non-Toxic Inhalation (LDS0 Animal = 3.12 mg/l air - 4 hours Not Available) : Eye Contact: Mildly Irritating (Rabbit) Skin Contact: Mildly Irritating (Rabbit) Skin Sensitization: It is a mild skin sensitiser in animal tests. Neurotoxicity Lambda-Cyhalothrin Reversible clinical signs ofneurotoxicity in mammals. Technical: Product Name: KARATE INSECTICIDE with ZEON TECHNOLOGY Page: 3 Ingestion: If swallowed: Call Syngenta (800-888-8372), a poison control center or doctor immediately for treatment advice. Do not give any liquid to the person. Do not induce vomiting unless told to do so after calling 800- 888-8372 or by a poison control center or doctor, Do not give anything by mouth to an unconscious person.· Eye Contact: If in eyes: Hold eye open and rinse slowly and gently with water for 15-20 minutes. Remove contact lenses, if present, after 5 minutes, then continue rinsing eye. Call Syngenta (800-888-8372), a poison control center or doctor for treatment advice. Skin Contact: If on skin or clothing: Take offcontaminated clothing. Rinse skin immediately with plenty of water for 15- 20 minutes. Call Syngenta (800-888-8372), a poison control center or doctor for treatment advice. Inhalation: If inhaled: Move person to fresh air. If person is not breathing, call 911 or an ambulance, then give artificial respiration, preferably mouth-to-mouth if possible. Call Syngenta (800-888-8372), a poison control center or doctor for further treatment advice. Notes to Physician There is no specific antidote if this product is ingested. Treat symptomatically. Skin contact paresthesia effects (itching, tingling, burning or numbness) are transient, lasting up to 24 hours. Treat symptomatically. Contains petroleum distillate - vomiting may cause aspiration pneumonia. Medical Condition Likely to be Aggravated by Exposure None known. 5. FIRE FIGHTING MEASURES Fire and Explosion Flash Point (Test Method): Does not flash Flammable Limits (% in Air): Lower: % Not Applicable Upper: % Not Applicable Autoignition Temperature: Not Available Flammability: Not Applicable Unusual Fire, Explosion and Reactivity Hazards During a fire, irritating and possibly toxic gases may be generated by thermal decomposition or combustion. In Case of Fire Use dry chemical, foam or CO2 extinguishing media. Wear full protective clothing and self-contained breathing .. apparatus. Evacuate nonessential personnel from the area to prevent human exposure to fire, smoke, fumes or products of combustion. Prevent use of contaminated buildings, area, and equipment until decontaminated. Water runoff can cause environmental damage. If water is used to fight fire, dike and collect runoff. 6. ACCIDENTAL RELEASE MEASURES In Case of Spill or Leak Control the spill at its source. Contain the spill to prevent it from spreading, contaminating soil, or entering sewage and drainage systems or any body of water. Clean up spills immediately, observing precautions outlined in Section 8. Ifa solid, sweep up material and place in a compatible disposal container. Ifa liquid, cover entire spill with absorbing material and place into compatible disposal container. Scrub area with hard water detergent (e.g. commercial products such as Tide, Joy, Spic and Span). Pick up wash liquid with additional absorbent and place into compatible disposal container. Once all material is cleaned up and placed in a disposal container, seal container and arrange for disposition. 7. HANDLING AND STORAGE Store the material in a well-ventilated, secure area out of reach of children and domestic animals. Do not store food, beverages or tobacco products in the storage area. Prevent eating, drinking, tobacco use, and cosmetic application in areas where there is a potential for exposure to the material. Wash thoroughly with soap and water after handling. I 8. EXPOSURE CONTROLS/PERSONAL PROTECTION THE FOLLOWING RECOMMENDATIONS FOR EXPOSURE CONTROLS/PERSONAL PROTECTION ARE INTENDED FOR THE MANUFACTURE, FORMULATION AND PACKAGING OF THE PRODUCT. FOR COMMERCIAL APPLICATIONS AND ON-FARM APPLICATIONS CONSULT THE PRODUCT LABEL. Product Name: KARATE INSECTICIDE with ZEON TECHNOLOGY Page: 2 adsorbed to soil and sediment organic matter. Koc 330000. Negligible potential for leaching oflambda-cyhalothrin and its degradation products through soil. Rapid dissipation from water in aquatic systems. DT50 for dissipation from surface waters in lab water-sediment systems 5-11 h; in a microcosm DT50 <3 h. Rapid and extensive degradation of parent compound in aquatic systems; DT50 fpr degradation in lab water-sediment systems 7-15 d; in a microcosm DT50 <3 h, DT90 <3 d. 13. DISPOSAL CONSIDERATIONS Disposal Do not reuse product containers. Dispose of product containers, waste containers, and residues according to local, state, and federal health and environmental regulations. Characteristic Waste: Not Applicable Listed Waste: Not Applicable [ 14. TRANSPORT INFORMATION DOT Classification SURFACE Transportation: PYRETHROID PESTICIDES, LIQUID, TOXIC, 6.1, UN3352, PGIII AIR Transportation: PYRETHROID PESTICIDES, LIQUID, TOXIC, (lambda-¢yhalothrin), 6.1, UN3352, PGIII MAXIMUM QUANTITY/PKG: 60L (2.5L max inner containers) B/L Freight Classification Insecticides, NOI poison Comments PYRETHROID PESTICIDES, LIQUID, TOXIC, CLASS 6.1, UN3352, PGIII 15. REGULATORY INFORMATION EPCRA SARA Title III Classification Section 311/312 Hazard Classes: Acute Health Hazard Chronic Health Hazard Section 313 Toxic Chemicals: Naphthalene (CAS No. 91-20-3) California Proposition 65 Not Applicable CERCLA/SARA 302 Reportable Quantity (RQ) >5,000 lbs (based on Naphthalene, CAS # 91-20-3, [RQ = 100 lbs] in the formulation) RCRA Hazardous Waste Classification (40 CFR 261) ...... Not Applicable TSCA Status Exempt from TSCA, subject to FIFRA 16. OTHER INFORMATION NFPA Hazard Ratings I-IMIS Hazard Ratings 0 Minimal Health: 2 Health: 2 i Slight Flammability: 1 Flammability: 1 Moderate Instability: 0 Reactivity: 0 Serious Extreme For non-emergency questions about this product call: 1-800-334-9481 Original issued Date: 03/12/1998 Revision Date: 01/09/2002 Replaces: 10/19/2001 Product Name: KARATE INSECTICIDE with ZEON TECHNOLOGY Page: 5 Reproductive Effects Lambda-Cyhalothrin Not a developmental or reproductive toxicant. Technical: Chronic/Subchronic Toxicity Studies Lambda-Cyhalothrin Reversible paresthesia (abnormal skin sensation). Technical: Carcinogenicity Lambda-Cyhalothrin No treatment-related tumors in rats or mice. Technical: Other Toxicity Information In humans, contact with exposed skin may result in temporary itching, tingling, burning or numbness, called paresthesia. The effect may result from splash, aerosol, or hot vapor contact, or transfer to the face from contaminated gloves and hands. The symptoms normally disappear within 24 hours. Face and genital areas are especially susceptible to this effect. Paresthesia involving the face is also known as "subjective facial sensation" or SFS. Toxicity of Other Components Petroleum Solvent Supplier states that inhalation of vapors at high concentrations can cause central nervous system effects ' (dizziness, headache), irritation to eyes or respiratory tract. Skin exposure can cause defatting with resulting dermatitis. Damage to the stomach, liver, thyroid, and urinary bladder for high oral doses in rats, however, the manufacturer states that these effects are not relevent to humans at occupational levels of exposure. Titanium Dioxide Titanium dioxide is listed as an IARC (Group 3) carcinogen not classifiable as human carcinogen (No Data Available) with limited animal evidence. Prolonged exposure causes respiratory irritation and may lead to pulmonary fibrosis. Target Organs Active Ingredients Lambda-Cyhalothrin Technical: Liver, nervous system Inert Ingredients Petroleum Solvent: Respiratory tract, stomach, liver, thyroid, urinary bladder, CNS, skin · Titanium Dioxide: Lung 12. ECOLOGICAL INFORMATION Summary of Effects Lambda-Cyhalothrin Technical: Toxic to fish. Very toxic to aquatic organisms. Eeo-Acute Toxicity.. Lambda- Rainbow Trout 96-hour LCS0 0.44 ug/! Cyhalothrin Daphnia magna 48 hours ECS0 0.36 ug/1 Technical: Green Algae ECS0 >1 mg/l Pseudomonas putida IC50 >1 mg/1 Eco-Chronic Toxicity Lambda- Not available at this time. Cyhalothrin Technical: Environmental Fate Lamlxla-Cyhalothrin Technical: No data available for the formulation. The information presented here is for the active ingredient, lambda- cyhalothrin. A ~horough review of environmental information is not possible in this document. For additional information call the toll free number listed in Section 16. Soil/Environment: Rapidly degraded in soil; DT50 for microbial degradation 23-82 d. for field soil 6-40 d. Strongly Product Name: KARATE INSECTICIDE with ZEON TECHNOLOGY Page: 4 RECORD OF TELEPHONE CONVERSATION Location: ~'-3'c~ ~--~L., ~.,~_~, ~ ID#~ Business Name: ~__j,_,/X-r~/.. {::>~- ~'T- Contact Name: ~ ~.,,~,,j Business Phone: ~- ~Z ~1 FAX: Inspector's Name:~ ~ Time of Call: Date: ~/-~dpex- Time: Type of Call: Incoming [ ] Outgoing [~' Returned [ ] Time Required to Complete Activity # Min: I -'~0 RECORD OF TELEPHONE CONVERSATION Location: ~'"'3 Business Phone: Inspector's Name: Type of Call: Incoming ~ Outgoing [ ] Returned [ ] Content of Call: .~/O.~ Az:- ~-c-,t. Time Required to Complete Activity # Min: RECORD OF TELEPHONE CONVERSATION Location: _C'"~o ~ ID# Business Name: Contact Name: Business Phone: FAX: Inspector's Name: Time of Call: Date: Time: # Min: Type of Call: Incoming [ ] Outgoing [ ] Returned [ ] Content of Call: Time Required to Complete Activity # Min: ' 2/28/02 @ 2:15 p.m. From: April West, COB To: Rick White, Agricultural Biologist IV, Program Support Kern Count Ag Commissioners Office Phone:868-6300 Need more details regarding complaint received from City's Env. Services. Requested Rick fax me a copy of the complaint form and any pertinent information about Clark Pest Control. Rick indicated the complaint was received from a current Clark Pest.Control Employee. An employee advised another employee to discharge residual chemical and container rinsate down the drain (sewer) at shop location. Complaintee did not indicate if this is a common practice or a one-time discretion. / DEPARTMENT OF AGRICUI..TURI '~ and MF_ASUREMENT STANDARDS 1001 South Mount Vernon Avenue · Bakersfield, California 9~307' Telephone (6~1) 868-6300 · FAX (661) 868-6~01 E. mail: agcom15@netxn.com · Webslte: http://www, kemag.com I'HEODORE K. DAVIS ,JACK E. MARKS Agrlaultural Commissioner/Sealer ~ Deputy Commiseioner/Sealer LOUlE I. CERVANTESW DAVID J. MOORE Assistant Commissioner/Sealer Deputy Commissioner/Sealer MANUEL VlLLICAITIA Route ,/ Deputy CommissloneqSealer (Includin~ cover shc~) K~m County Agrioultursl CommJssionedSeal~r . 1001 South Mt. Vernon Avenue Telephone (661) 868-6300 NOI (661) 868-6280 - E-mail ' agcoml 5(~netxn.com · . WASTE WATER DIVISION WebsiteL http://www, kemag, com ......._ ' -' CITY OF BAKERSFIELD Please advise iF hxcd informttioa is n~t legible or ~ ~dl pa~s v~c n~ received ~r'ATE DP CAI.U;GRNIA -I~p~N'I' DP ~1~ PESTICIDE EPISODE INVESTI~ON REPORT ~lS ~ linTeL ~~N ~CI~ E~~ B~ ~-ENF-127 P~E S ~ 1 Irene Aco~a John Means Self 02-20-02 2:37 Kem E~SODE L~A~N 5=0 California WASTE WATER DIViSiON ~ A~ S'~ W~. ~ WOR~YS L~T John M~ns A~RESS G~/~A~P PHONE 530 Call. mia - Same as Cla~'s Pest ~ml 32~7211 (Cla~'s ~ O ~A~LY Q ~ O NO Cla~ P~ Contel 5~ ~liromia Ave. Bake~eld ~2~7211 OE~N OF ~E ~ ~ ~eEO ~~T~I POD O PCA O PILOT O D~LER O GROWER O AGENCy D OTH~ Cia~ P~ Co.mi 32~7211 p~ O ~ 0 ~ 5~0 California Ave BaKe~el~ - - - CA S~uml Pe~ Control Busings Dump ~emi~ d~ the drain and ~e ~emi~l ms~ ~ going I~o the ~y ~er. John Means ~ ~n~y e~ed by Ct~,P~ Control. ~ed Joe Canas ~ Environmental Hea~, he ~id B;kemfield C~y Fire De~ment ~s conta~ agent. GARY J. WICKS 2700 M Stil~t, Suite 300 Agency Director Blk®refleld, CA 93301 · ' Dept. of Environmental Hellth Servicer I)ept; of Pllnnlng Ind Development ~rvlc. M~nagement Service. Olvlllon RESOURCE , -.~:..ENT AGENCY T l=t A N S M I T T A L S H ]K ]K T Resource Management Agency Environmental Health Services Department Management Services Division TO: ~0 ~ ~ ~0~ ~ Name Company/Depar tment FAX #: . TOTAL PAGES (including this cover sheet) Office Memorandum · ~. COUNTY PESTICIDE EPISODE INVESTIGATION REPORT R_ Cnrn~liqnn { Anon~ous /,. 02-22-90 . ~ ~",. ~.._[~ployee of Clark Pest 6ontrol states that employees pour pesticides do~n sink Various ~ ~non~ous _ [x-[m~l oyee~ D ....... ~ Clark Pest Control ~ ~ ~ '-~ P.O. Box 2466 ...... -, ~ ...... .,~ C~ Bakersfield CA 93303 _._ .~,,~. ~,,._. ,, Structrual 325-7211 FACTUAL DIAGRAM/NARRATIVE 2-90 ~2 I I I I I I ' I I I i t I I I Il Itl I i I I I I ' I I ) I ' I 1 i II I1 I I I I I I I I Il I I I I I t I I II I I I I I I I I 11 II I I I I II I I-_ __ i On February 22, 1990, the Kern County Agricultural Commissioner's Office received an anonymous letter and diagram. The complaint is apparently from an ex-employee of Clark Pest Control. (See enclosed letter and diagram.) The complainant states that the owners of Clark Pest Control knowingly instructed their employees to put old rat bait down the sink. The complaint al~-o-states that on afternoons employees are told to rinse out their sprayers and pour the rinseate down the sink at the rear of the company's building. I met with Jim Clark Jr. and Pat Clark on March 30th, owners of Clark Pest Control. I gave the Clark's copies of the documents and asked them for comments. Both Jim and Pat stated that they do not request their employees to put pesticides down the sink and they would not allow 'it if they knew about it. They stat~-~h~'-t~h-6--~-~ then visually examined the sink that drains into the floor drain and the floor drain itself. I did not observe any sign of pes{~l~'-T6-e~F~-t-h-~-se areas. No further action will be taken. Sharon L. Clark, Ag. B~o/ogis~ III 06 29 9 David d. Moore, Deputy Ag Comm. 06!30 90 ,~,~** TRAMSMISSIOM REPORT(.JUL 09 '90 ) ; KERM COUMTY RMA ***~,****~***~ DATE START REMOTE TERMIMAL MODE TIME PAGES RESULT JUL'09 10:50 805 395 7519 GBT 00'59" 002 OK