HomeMy WebLinkAboutMITIGATION OFFICE OF ENVIRONMENTAL SERVICES
PRELIMINARY INVESTIGATION REPORT
Prepared by: ff Howard H. Wines, III
Hazardous Materials Specialist
Registered Geologist No. 7239
File Name: S:\CORRESPONDENCE~2003-1 l~Prelim Inv. Rpt CGI.DOC
Report Date: November 20, 2003
Incident: Crystal Geyser's Wastewater Discharge of Hazardous Waste
Location: 1233 East California Ay.
Incident Date: September 11, 2003 & September 28, 2003
Violation: Disposal, treatment or storage at, or transportation to, facilities without
permits or at unauthorized points.
Statute: California Health & Safety Code section 25189.5
Penalty: $ 2,250 x 2 events = $4,500
Suspect -1: Harry Barba, Q/A Supervisor, CG Bakersfield
Witness ~1: Greg Wolf, Industrial Wastewater Inspector, Bakersfield Public Works
Narrative: On September 11, 2003, a pH sensor had fallen out of calibration causing
approximately 720 gallons of caustic (pH>13) wastewater to discharge to
the POTW. The pH alarm also did not function to alert the Quality
Control Technician.
On September 28, 2003, a pH sensor had again fallen out of calibration
dus to water in the electrical conduit that holds the pH probe in line.
Approximately 5985 gallons of caustic (pH>13) wastewater was
discharged to the POTW.
Administrative Enforcement Action - Crystal Geyser Bakersfield
Preliminary Investigation Report
Page 2
Penalty Calculation
Pursuant to Title 22 of the California Code of Regulations
Actual or Potential Harm: Moderate. Sodium hydroxide solution in waste water discharge.
Extent of Dev. iation: Minor. Extent of pH, quantity and duration of release was limited.
Initial Base Penalty: $ 4000
Additional Penalties: N/A.
Intent (before the fact): N/A.
Total Base Penalty: $ 4000
Adjustment Factors:
Cooperation and Effort: Multiplier (0.75 to 1.0)
Excellent cooperation, response, and notification efforts (0.75).
$ 3000
Prophylactic Effect: Multiplier (0.5 to 2.0)
This is a second offence, but illustrates that procedures' put in place
from the previous enforcement were somewhat effective in
limiting this subsequent release. (Beneficial Effect = 0.75)
$ 2,250
Economic Benefit: N/A
$ 2,250
Ability to Pay: N/A.
Final Adjusted Penalty: $ 2,250 x 2 events = $4,500
~'k~ :1 ]1 RO. BOX 304 1555 Mt, Diablo Blvd. Walnut Creek, CA 94596
~ DATE 12-16-03
'A~ .................... ***'**T~E THOUS~ THREE H~RED S~ENTY FIVE ~ 00/~00 S ****3,375.00
CITY OF BAKERSFIELD .CERTIFIED
OTHE UNIFIED PROGRAM AGENCY
)RDER CITY OF BAKERSFIELD FIRE DEPARTMENT
OF 2101 H STREET
BAKERSFIELD CA 93301
"'OqS0qs"' 1:~2~000~q?.:
~voice Number Inv-date Description ' InvoiCe Amt Discount Net Amoun~
DC0003-13 12-15-03 C0823855 3375.00 .00 3375.00
£T4000 CITY,OF BAKERSFIELD CERTIFIED ~,,,,~.' . , .~
EECK NUMBER '. ~ ' 93095::~ i~2-16-03 ,/:~OT:, 3375.00 .:. .;00 '3'375.00
" ' '..' '~ ?~' ,"??' L" ? · ]?: ''~C"YsTAL GE'~WA~ cOMPANy '
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12/16/2003 09:05 FAX C G B ~ CALISTOGA ~003/009
i-
STATE OF CALIFORNIA
CITY OF BAKERSFIELD
CERTIFIED UNIFIED PROGRAM AGENCY
In the Matter of: Docket No.: 0003-13
CRYSTAL GEYSER WATER COMPANY ORDER ON CONSENT
A California corporation No. C0823855 AGREEMENT'
Health and Safety Code Section
Respondent.
25187
'
INTRODUCTION
1', Parties. The Office of Environmental Services for the City of Bakersfield
Fire Department, a Certified Unified Program Agency (CUPA) authorized' by the
Secretary of the 'California Environmental ProteCtion Agency (Cai/EPA)tO administer'
and enforce the Hazardous Substance Control Act in the City of Bakersfield, issues this
Order on Consent Agreement (Order) to Crystal Geyser Water Company, a California
corporation.
1.2. Site, Respondent generated, handled, treated, stored, and/or disposed of
· hazardous., waste at-the, following site(s),, including, but n_o.t_..l!mited_-:-t?:. 1233 East
California Avenue in Bakersfield, California.
1.3 Generator. The Respondent generated the following hazardous wastes:
sodium hydroxide solution, a "corrosive" hazardous waste pursuant to title 22 of the
California Code of Regulations (CCR), section 66261.22.
1.4 Ju~'isdicti0n. Section 25187'of the Health and SafetY Code (HSC)
authorizes the CUPA to o'rde~action"neceSsary to correct violations and assess a
',: .~ ~" ... · .. ~ ,:. ~ : , , ,
penalty when the CUI~A determines that any person has violated Specified provisiOns of
12/16/2003 09:05 FAX C G B -~ CALISTOGA ~004/009
the Health and Safety Code or any permit, rule, regulation, standard, or requirement
issued or adopted pursuant thereto.
DETERMINATION OF VIOLATIONS
The CUPA hereby determines that Respondent violated:
2.1 The Hazardous Waste Control Law (Health & Safety Code section 251
et seq.), to wit: section 25189.5. Disposal, treatment or storage at, or
transportation to, facilities without permits or at unauthorized points. On
or about .September 11, 2003. a release of sodium hydroxide solution in
waste water occurred at the Crystal Geyser bottling facility in Bakersfield.
Approximately 720 gallons of the material, with a pH of 12.5 to 13.5, was
discharged to the sanitary sewer in violation of the City of Bakersfield
Publicly Owned Treatment Works (POTW) industrial wastewater
discharge permit requirements and hazardous waste control laws.
2.2 On or about September 28, 2003 another release of sodium hydroxide
solution in waste water occurred at the Crystal Geyser bottling facility in
Bakersfield. Approximately 5,985 gallons of the material, with a pH of
12.5 to 13.3, was discharged to the sanitary sewer in violation of the City
of Bakersfield Publicly Owned Treatment Works (POTW) industrial
wastewater discharge permit requirements and hazardous waste control
laws.
SCHEDULE FOR COMPLIANCE
3. Based on the forgoing DETERMINATION OF VIOLATIONS, IT IS
HEREBY ORDERED THAT:
3.1 Respondent shall follow their stated arrangements as. agreed upon during
the December 11, 2003 informal conference held with the BFD-OES to prevent the
discharge of hazardous waste liquids into the POTW,
2
12/16/2005 09:05 FAX C G 5 -~ CALISTOG& [~]005/009
3.2 Submittals. A copy of any engineering and administrative control
documentation designed to prevent future hazardous waste releases in violation of the
POTW industrial discharge permit requirements, in particular, has satisfactorily been
forwarded to:
Mr. Ralph Huey
Director of Prevention Services
City of Bakersfield -
1715 Chester Avenue
Bakersfield, California 93301
3.3 Communications. All approvals and decisions of the CUPA made
regarding submittals and notifications will be communicated to Respondent in writing by
the Director of Prevention Services or his/her designee. No informal advice, guidance,
suggestions, or comments by the CUPA regarding reports, plans, specifications,
schedules, or any writings by the Respondent shall be construed to relieve Respondent
of the obligation to obtain such formal approvals as may be required,
3.4 CUPA Review and Approval. If the CUPA determines that the schedule,
or other submitted for approval pursuant to this order fails to comply with the order or
fails to protect public health or safety or the environment, the CUPA may:
a. Modify the document as deemed necessary and approve the document as
modified, or. _
b. Return the document to Respondent with recommended changes and a
date by which Respondent with recommended changes and a date by which
Respondent must submit to the CUPA a revised document incorporating the
recommended changes.
3.5 ComPliance with .Applicable Laws. Respondent shall carry out this Order
in compliance with all local, State, and federal requirements, including but not limited to
requirements to obtain permits and to assure worker safety.
3
12/16/2003 09:05 FAX C G B -, CALiSTOGA ~]006/009
3.6 Endan,qerment durinq lm.p~ementation. In the event that the CUPA
deten'nines 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 dead{ine in this Order directly affected
· by a Stop Work Order under this section shall be extended for the term of the Stop
Work Order ...............................
3.7 Liability. Nothing in this Order shall constitute or be construed as a
satisfaction or release from liability for any conditions or claims arising as a result of
past, current, or future operations of Respondent...other than those violations alleged in
section 2 of this order. Notwithstanding compliance with the terms of this Order,
Respondent may be required to take further actions as are necessary to protect public
health or welfare or the environment.
3.8 Data and Document Availability. Respondent shall permit the CUPA and
its authorized representatives to inspect and copy all sampling, testing, monitoring, and
other data generated by Respondent or on Respondent's behalf in any way pertaining
to work undertaken pursuant to this Order. Respondent shall allow the CUPA and its
authorized representatives to take duplicates of any samples collected by Respondent
pursuant to this Order. Respondent shall maintain a centrai 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.
4
i2/i6/200.3 09:06 FAX C G B -~ CALISTOGA ~007/009
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 pa~ties specified in paragraph 3.16 in carrying out activities
pursuant to this Order, nor shall the City of Bakersfield be held as a pa~y 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~enf.or_c_em_e~n_t.~ctiop_s~
3.11 Incorporation of Plans and Reports.. All plans, schedules, and reports that
require CUPA approval and are submitted by respondent pursuant to this Order are
incorporated in this Order upon approval by the CUPA.
3.12 Extension Request. If Respondent is unable to perform any activity or
submit any document within the time required under this Order, the Respondent may,
prior to expiration of the time, request an extension of time in. writing. The extension
request shall include a justification for the delay.
3.13 Extension Approvals. If the CUPA determines that good cause exists for
an extension, it will grant the request and specify in writing a new compliance schedule.
3.14 Penalties for Noncompliance. Failure to comply with the terms of this
Order may also subject Respondent to costs, penalties, and/or punitive damages for
any costs incurred by the CUPA or other government agencies as a result of such
failure, as provided by HSC section 25188 and other applicable provisions of law.
3.15 Parties Bound. This Order shall apply to and be binding upon
Respondent, and its officers, directors and agents, including but not limited to
individuals, and upon the CUPA and any successor agency that may have
responsibility for and jurisdiction over the subject matter of this order.
5
12/16/2003 09:06 FAX C G B ~ CALISTOGA ~008/009
PENALTY
4. The CUPA assesses an adjusted penalty of $ 3,375. Payment of the
adjusted penalty of $ 3,375 is due within thirty (30) days from the effective date of the
Order. Respondent's check shall be made payable 'to City of Bakersfield, Certified
Unified Program Agency, and shall identify the Respondent and Docket Number, as
shown in the heading of this case. Respondent shall deliver the penalty payment to:
Ms. Susan Chichester
...... - .... - ....... ---- Business-Manager_. ~
City of Bakersfield Fire Department
2101 H Street
Bakersfield, California 93301
A photocopy of the check shall be sent to:
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: December 11; 2003.
Date
Director of Prevention Services
City of Bakersfield
Crystal Geyser Water Company Date
Typed or Printed Name of
Respondent's Representative
6
12/16/2003 09:07 FAX C G B ~ CALISTOGA ~009/009
cc: Mr. Harry Barba, Quality Assurance Supervisor
Crystal Geyser Bakersfield
1233 East California Avenue
Bakersfield, CA 93307
Ms. Janice Scanlan
Deputy City Attorney
City Attorney's Office
City of Bakersfield
1501 Truxtun Avenue
........... B ~. k~e~ S~e i-~-~, CA~-3-01 ........
7
STATE OF CALIFORNIA
CITY OF BAKERSFIELD
CERTIFIED UNIFIED PROGRAM AGENCY
In the Matter of: Docket No.: 0003-13
CRYSTAL GEYSER WATER COMPANY ORDER ON CONSENT
A California corporation No. C0823855 AGREEMENT
Respondent. Health and Safety Code Section
25187
INTRODUCTION
1. Parties. The Office of Environmental Services for the City of Bakersfield
Fire Department, a Certified Unified Program Agency (CUPA) authorized by the
Secretary of the California Environmental Protection Agency (Cai/EPA) to administer
and enforce the Hazardous Substance Control Act in the City of Bakersfield, issues this
Order on Consent Agreement (Order) to Crystal Geyser Water Company, 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: 1233 East
California Avenue in Bakersfield, California.
1.3 Generator. The Respondent generated the following hazardous wastes:
sodium hydroxide solution, a "corrosive" hazardous waste pursuant to title 22 of the
California Code of Regulations (CCR), section 66261.22.
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
The CUPA hereby determines that Respondent violated:
2.1 The Hazardous Waste Control Law (Health & Safety Code section 25100,
et seq.), to wit: section 25189.5. Disposal, treatment or storaqe at, or
transportation to, facilities without permits or at unauthorized points. On
or about September 11, 2003 a release of sodium hydroxide solution in
waste water occurred at the Crystal Geyser bottling facility in Bakersfield.
Approximately 720 gallons of the material, with a pH of 12.5 to 13.5, was
discharged to the sanitary sewer in violation of the City of Bakersfield
Publicly Owned Treatment Works (POTW) industrial wastewater
discharge permit requirements and hazardous waste control laws.
2.2 On or about September 28, 2003 another release of sodium hydroxide
solution in waste water occurred at the Crystal Geyser bottling facility in
Bakersfield. Approximately 5,985 gallons of the material, with a pH of
12.5 to 13.3, was discharged to the sanitary sewer in violation of the City
of Bakersfield Publicly Owned Treatment Works (POTW) industrial
wastewater discharge permit requirements and hazardous waste control
laws.
SCHEDULE FOR COMPLIANCE
3. Based on the forgoing DETERMINATION OF VIOLATIONS, IT IS
HEREBY ORDERED. THAT: . .
3.1 Respondent shall follow their stated arrangements as agreed upon during
the December 11, 2003 informal conference held with the BFD-OES to prevent the
discharge of hazardous waste liquids into the POTW.
2
3.2 Submittals. A copy of any engineering and administrative control
documentation designed to prevent future hazardous waste releases in violation of the
POTW industrial discharge permit requirements, in particular, has satisfactorily been
forwarded to:
Mr. Ralph Huey
Director of Prevention Services
City of Bakersfield
1715 Chester Avenue
Bakersfield, California 93301
3.3 Communications. All approvals and decisions of the CUPA made
regarding submittals and notifications will be communicated to Respondent in writing by
the Director of Prevention Services or his/her designee. No informal advice, guidance,
suggestions, or comments by the CUPA regarding reports, plans, specifications,
schedules, or any writings by the Respondent shall be construed to relieve Respondent
of the obligation to obtain such formal approvals as may be required.
3.4 CUPA Review and Approval. If the CUPA determines that the schedule,
or other submitted for approval pursuant to this order fails to comply with the order or
fails to protect public health or safety or the environment, the CUPA may:
a. Modify the document as deemed necessary and approve the document as
modified, or
b. Return the document to Respondent with recommended changes and a
date by which Respondent with recommended changes and a date by which
Respondent must submit to the CUPA a revised document incorporating the
recommended changes.
3.5 Compliance with Applicable Laws. Respondent shall carry out this Order
in compliance with all local, State, and federal requirements, including but not limited to
requirements to obtain permits and to assure worker safety.
3
3.6 Endangerment durinq Implementation. In the event that the CUPA
determines that any circumstances or activity (whether or not pursued in compliance
with this Order) are creating an imminent or substantial endangerment to the health or
welfare of people on the site or in the surrounding area or to the environment, the CUPA
may order Respondent to stop further implementation of this Order for such period of
time as needed to abate the endangerment. Any deadline in this Order directly affected
by a Stop Work Order under this section shall be extended for the term of the Stop
Work Order.
3.7 Liability. Nothing in this Order shall constitute or be construed as a
satisfaction or release from liability for any conditions or claims arising as a result of
past, current, or future operations of Respondent...other than those violations alleged in
section 2 of this order. Notwithstanding compliance with the terms of this Order,
Respondent may be required to take further actions as are necessary to protect public
health or welfare or the environment.
3.8 Data and Document Availability. Respondent shall permit the CUPA and
its authorized representatives to inspect and copy all sampling, testing, monitoring, and
other data generated by Respondent or on Respondent's behalf in any way pertaining
to work undertaken pursuant to this Order. Respondent shall allow the CUPA and its
authorized representatives to take duplicates of any samples collected by Respondent
"pursUant to this Order. Respondent shall maintain a central depository of the data,
reports, and other documents prepared pursuant to this Order. All such data, reports,
and other documents shall be preserved by Respondent for a minimum of three years
after the conclusion of all activities under this Order. If the CUPA requests that some or
all of these documents be preserved for a longer period of time, Respondent shall either
comply with that request, deliver the documents to the CUPA, or permit the CUPA to
copy the documents prior to destruction.
4
3.9 Government Liabilities. The City of Bakersfield shall not be liable for
injuries or damages to persons or property resulting from acts or omissions by
Respondent or related parties specified in paragraph 3.16 in carrying out activities
pursuant to this Order, nor shall the City of Bakersfield be held as a party to any
contract entered into by Respondent or its agents in carrying out activities pursuant to
the Order.
3.10 Additional Enforcement Actions. By issuance of this Order, the CUPA
does not waive the right to take further enforcement actions.
3.11 Incorporation of Plans and Reports. All plans, schedules, and reports that
require CUPA approval and are submitted by respondent pursuant to this Order are
incorporated in this Order upon approval by the CUPA.
3.12 Extension Request. If Respondent is unable to perform any activity or
submit any document within the time required under this Order, the Respondent may,
prior to expiration of the time, request an extension of time in writing. The extension
request shall include a justification for the delay.
3.13 Extension Approvals. If the CUPA determines that good cause exists for
an extension, it will grant the request and specify in writing a new compliance schedule.
3.14 Penalties for Noncompliance. Failure to comply with the terms of this
Order may also subject Respondent to costs, penalties, and/or punitive damages for
any Costs incurred by the CUPA or other government agencies as a result of such
failure, as provided by HSC section 25188 and other applicable provisions of law.
3.15 Parties Bound. This Order shall apply to and be binding upon
Respondent, and its officers, directors and agents, including but not limited to
individuals, and upon the CUPA and any successor agency that may have
responsibility for and jurisdiction over the subject matter of this order.
5
PENALTY
4. The CUPA assesses an adjusted penalty of $ 3,375. Payment of the
adjusted penalty of $ 3,375 is due within thirty (30) days from the effective date of the
Order. Respondent's check shall be made payable to City of Bakersfield, Certified
Unified Program Agency, and shall identify the Respondent and Docket Number, as
shown in the heading of this case. Respondent shall deliver the penalty payment to:
Ms. Susan Chichester
Business Manager
City of Bakersfield Fire Department
2101 H Street
Bakersfield, California 93301
A photocopy of the check shall be sent to:
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: December 11,2003.
Mr. 'l~al p h/H u ~y"-~C~-~ Date
Director of Prevention Services
City of Bakersfield
Crystal Geyser Water Company Date
Typed or Printed Name of
Respondent's Representative
6
cc: Mr. Harry Barba, Quality Assurance Supervisor
Crystal Geyser Bakersfield
1233 East California Avenue
Bakersfield, CA 93307
Ms. Janice Scanlan
Deputy City Attorney
City Attorney's Office
City of Bakersfield
1501 Truxtun Avenue
Bakersfield,CA93301
7
"AMERICA'S
December 10, 2003 NATURAL BEVERAGE
COMPANY"
Outline of meeting to be held December 11,201~3, 10:00 a.m. with Mr. Ralph Huey,
Director of Prevention Services, City of Bakersfield
1. Introductions: Dee Secara, Office Manager, CG Bakersfield
2. Brief explanation of09/11/03 and 09/28/03 violations: Harry Barba, QC Supervisor,
CG Bakersfield
a. 09/11/03; Zone 2 had fallen out of calibration, alarm not working.
Doc 1, Notice to City
b. 09/28/03; Zone 2 had fallen out of calibration due to water in conduit.
Doc. 2 Notice to City
3. Arrangements made to attempt to prevent the future discharge of hazardous waste
liquids into the pOTw:
A. Documentation offering proof of improvements / repairs:
a. 07/31/03 - AC Electric checked the calibration on the discharge water
recorder to the City and filled out calibration sheet. Doc. 3
b. 10/17/03 - Honeywell replaced as a warranty replacement 3 Durafet probes
that were tested by Honeywell and results indicated 2 of the electrodes had
internal shorting and the 3rd tested good at their facility. Doc. 4
c. 10/24/03 and completed 12/05/03 - AC Electric installed 4-channel auto
dialer to monitor effluent flow, sump level and pH. We have connected the
alarm to a cell phone to contact Harry Barba immediately upon a pH flow,
high level alarm. Doc. 5
d. Implemented procedures for QC department to pump down sump at beginning
of weekend to avoid spilling over during weekend.
B. Total costs just in past three months to attempt to prevent future violations is
$3500.00
4. For immediate response, written correspondence should be directed as follows:
Harry Barba, QC Supervisor, John Davis, Maintenance Manager, Dee Secara, Office
Manager can all be reached at 661-323-6296, fax is 661-323-7264 and mailing is
'1233 E. California Avenue, Bakersfield, Ca. 93307.
Richard Weklych, V.P. Manufacturing, 501 Washington Street, Calistoga, Ca. 94515
and his phone is 707-942-0500.
Thank you.
CRYSTAL GEYSER WATER COMPANY
p.O. Box 304, 501 Washington Street, Calistoga, CA 94515-0304 (707) 942-0500 FAX (707) 942-0647
°'AMERICA '$
NA I'URAL BEV£RAGE
Octobcr 7, 2003 COMPANY"
Gregg Wolf
City of Bakersfield
Wastcwater division
8101 Ashe Rd
Bakersfield, Ca 93313
RE: Ifil VIOLATION ON 9/I 1/03
On September I I, 2003 from I 1:30 p.m. to 1:07 a.m. we had a violatio~ ofpH greater titan 13.0. From the
chart it looks like we flowed for about one hour and thitty-.seven minutes at a pll of 13.5.
We had discovered that zone # 2 had fallen out of calibration, making pH on final to violate.
The alarm we have in place for high or Iow pll did not work to let q.c. loch know there was a problem.
Quality control loch assumed that because he had a high pll it would not Ilow, so he ma~kcd Ihe chart okay
ami Icl Ihc maintenance dcparlmcn( know there was a problem, nol realizing he was pumping in violatiou.
Not until later Ihat shift we found that Ihe final controller had gone back to ~qctory setting. Now all quality
control lechs have been trained to look at all charls and ~o read charts corrcclly. We are also ou M~da~
belbre week starts we will check scl points on all conlrollcrs ~ud on Fridays at the end of each week,
i will make it a point to review charts more carcfiflly and closely.
ifyof have any fi,lhcr q,estions please call me.
tlarry Barba
Q.C. Supervisor
CG Bakersfield
Cc: Howard Wines
Bakersfield Fire Department
CRYSTAL GEYSER WATER COMPANY
P.O. Box 304, 501 Washington Street, Calistoga, CA 94515-0304 (707) 942-0500 FAX (707) 942-0647
NATURAl. BEVERAGE
COMPA N Y"
Septembcr 30,'2003
Grcg Wolf ',
City of Bakersfield
Wastewatcr. Division
81 (I I Ashc Rd.
Bakcrsfickl, Ca 93313
Re: pll Violation on 9/28/03
On September 28, 2003 from our review of the pH charls tim problem started al 7:00 a.m., but did not flow
unlil 6:30 p.m. with a pH greater than 12.0 and did flow fi~r 10.5 hours ~ I 1,0 gallons p~ minute-8 gallons
per mitotic. Flmv rate Ilowcd tmtil 5:00 a.m Monday morning 9/29/03. My calculation is that we discharged
5985 gallons of water with a pll greater than 12.0. l have made Ihis calculation based on Ihe Iow being
5040 galhms and the high being 6930 and average Ihose numbers.
After our investigation of tim problem we fmmd thal zone # 2 had fi~llen out of calibration due to having
water in the elccn'ical conduit Ilmt holds pl.I probe in line. 'Ibc water caused zone ~2 lo call for acid (HCL)
and caustic (Sodimn l lydroxide) making zone ltl high causing fimfi zone lo violale and pump all hcl acid
A tier corrccti.g problem on zone ~2wastewaicr back on linc. Chemicals lost is as fbllows:
I lydmcloric Acid-280 gallons
Causlic-250 gallons
We know these amounts are eon'ecl because we had just done iuvo~tory so we are pretty sure a~ut
IlUlllbC[s.
In the fi~ture tim procedurewill be to shut down wastewaler fi~r weekends and holidays. Hopefully this
stol> thc problem.
If you have any further questions please call.
Sincerely
Harry 13arba
Q/A Supervisor
CG Bakersfield
CRYSTAL GEYSER WATER COMPANY
P.O. Box 304, 501 Washington Streel, Calisloga, CA 94515-0304 (707) 942-0500 FAX (707) 942-0647
aq,'T~CNWICAL,~nV,C~, I~OICE ~BER: 3970 -001 DATE: 08/13/03
CRYST~ .GEYSER WATER COMP~ JOB
AP - BE~Y I~YS ~DRESS
501 WASHINGTON STREET B~RSFIE~,
CALIST~A CA 94515 SALES/TE~S: T~
TEC~ICI~
P~C}~SE O~ER ~: 25576
707-942-0500 AUTHORIZED BY: JO~ ~AVIS
We appreciate your business.
DESCRIPTION OF
CALIB~TE EFFL~NT FLOW T~SMITTEK RECEIVED.
AUG
~OR: 128.00
5~TERI~: .00
OTHER: .00
TOT~ ~O~T: $ 128.00
UPON RECEIPT PLEASE REMIT TO: A-C ELECTRIC COMPANY
BOX 999 BAKERSFILLD, CA
661-327-0973 93302-0999
INVOICE DETAIL
ITEM DESCRIPTION QUANTITY UNIT EXTENDED
PRICE PRICE
DWR#105079 7/31/03
AUTOMATION TEChnICIAN 2.00 $ 64.00 $
$
$ $
$
**e End ~ ~nvo~e D~a~ ***
I::] A~.Electric Company : DAILY WORK RE~Rm ,DWR NO.' 050~?_
CUSTOMER { v, ~' . . ;: .....
HOURS TRAVEL FOR C :FlOE, USE ONLy,
NAME CLASS ST , o'r-,,/, , OT-DT ADDERS RATE AMOUNT .
I
TOIAL L~BOR
QTY, M A '1" E R A L PRICE EXTENSION
TOTAL MATERIAL
TOTAL EQUIPMENT
TICKET NO, COIvlPANY SUBCONTRACT- DIRECT JOB ITEMS AMOUNT
TOTAL SUBCONSTRACTS-DJ's
CUSTOMER A-C ELECTRIC COMPANY TOTAL i
CUSTOME~RiREPR~'~ENTAT VE '~" '
,. AC 0205-12.5M
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~ Contr0'[ .......
~ INSTRUMENT CALIBRATION CERTIFICATE
Customer Name. , Date ·
Serial Number
Manufacturer
Equipment Name
In};rumont Type ' / Model Number --
Tag ID . . ', ~ ~e ,,..
Date of Test TeaTime Temperature Humidl~
I I I I I
Procedure Number
Test Equipment Used
Manufacturer Model Num~er Serial Num~er Oate Due Ce~. Status
'1 ).
I . Calibration As Found 'f Calibration As Left . ~"
Input Low ' Output Low J' Input Low 7-'----i----'--'-O~}tput Low l
Input High OutpUt High - "]- Input Hi~ uuxput H'B l
From '"F To I From ~ TO -4 F~'~° ' From ' [
Input Units Output Units Input Units , .~ut un~ .'
From To FrOm To ) . From _ I To , From ,
Passed ~ Failed
Comments
Technician: ' . Date: ,.
Reviewed by: Date:
..... :.?i;..!,,.....~;;~'...,.;, .
· .:... '.,:..~
,.' , .r.'~, ,, ,,~?.~, ,'::;,"';:%:' '
Box 2919, Bakersflelcl, CA 93303 - Phone (661) 399-2200 - Fax (661) 399-2299 -www.a-caulomated.com . ,,'"::"":~% .... .,'-~,~,-.~t:~:.,,,,,.~,=.,...~i;'"~" '
· · .
· -- : Pretrear,~t System pH Calibration Logsheet
' Date Time Initials Probe Readin~sl Buffer Buffer 2 Buffer 3 IS)ope t ~. ).. · " '
,, iBu-er i~emarks
ID Before JAnet 4 9.1S 7, ,
i "
s~,~ <c,zz I . I ~ . .~ ~ ,,~-~ I ....
"--. d.,/- ~,,,,, ,o.,, l/,,,.~ l~-~,_ ~<~! ~.-o.....! o,=
-- I"/"/0~ ¢.'-~° t z,,, IL~ I, ?# 't ¥.+o t ,-,<o .<;,.<,t .-, o ! o,~ 1~,:,
, I~', ~. ..... ; ' . ...... .
"'/, ~ " "~.:-'.'~ !','.o .~;-'l ~.o ~,~-l~
, I /'¢-?J 5' ,! · , ...........
'"~ ' ' i¢,'(~' "" ' ~; ~ ...?:/~d r,~. ~,c i ~ i ?.~<.,;' '.-. <~.~,,~ " '
, ' i , ,' ''
! !
,~.
Please make ccrtain to read and record ~e pH value of each probe before add after cleat:e. -I-bis wi/J aBow for the correct
interpretation of the pH ctst~ I~ addition, be sure to use tempramre corrected vxl~es for e o~ffers ~hct: calibratiug e~cb pi:/
probe. If any problems occur, mal~ a no~c on the pH chart at:d on the Jogsbeet. If eke p~ fS.s outside the range (LO - 12.0, you mt:st
notify City Slaffimmedistely ut 326-3249. A written repert explaining the cir'cumstxnccs u~ ttso be st:bmi~ed v6thi~, i'we drys.
Reports may be fa.xed to City Staffat 852-2125.
You may a.ne the back of this form for more detailed not~. Euter volumes of c~cmical$ r~ed under the remarks column (ex. 5~0gt130% NnOH)
Use an ink pen only for aH entrig~ Do not nsc felt or penciL Make sure all entri4~ m-e nero :ci legible! .
· . Crystal GeYS,~c Water Compan'--
·" ':" -- Pretreatment System pH CaHbrntion Logsheet
,: , ID Before After 4 9.18 7 Temp/ ,, .., , . ,.
$ -, , ...
, " ~s,.~ ,~..-,.~- t/o.z? i W.~, I?./.s" I 7.0 l~- t~c...:! ..
' l "~"' " . ~ o~, ~ j "' ~ i ~ !' _ z./i z,'~'.
/ ) i ~ .S=: /S,.~, '-"'- --'"- I~ , .. I~-v '" ,5.;-~-'~',,4J- ~-,,--~-io-,.~ o-,., ....... _
~,/~,,/~:~ ,......,:. ia...., i~'6 I"/.-vs""t ~ -.--
' el"
, ~ Se: /C'3Z --'-' ----- l/ ·
-- ...... ~}..= a o~/,'f ..
u/ii, ,~,,~-I~,~ I~ Iv. 5= I ~ .... i !
t ~ ...... ,,.
Final , .
Please mnk£ ~ez-tain to I~ad at ~_~:orCI the pH value ol'each ~ ~fo~ nnd after c~i~g. Thi~ ~i ~ow for the co~
inte~fion of the pH ~. sd~o~ ~ sure to ~ temp~ co~ect~ ~'~n~ for the buffe~ ~cn calibra~ng ~ch pH
~ If any problems ~cur. n~ a note on ~e pH cha~ and on ~e i~sh~L W~ pH f~ls o~ thc ~ge ~.O - I~0, ~u m~
nofi~ CiW S~ffimmediately al2~3249. A ~en ~ exp~ai~ ~e ci~a~ mcat a~ ~ submiatd ~in F~e ~
Re~ may ~ f~ to ~W ~ff at 852-21~
Yon may ~ ~e ~ek of~ t~ for mo~ de~i~ no~ Enter volum~ of che~ ~ceNed under the rema~ ~olnmn (~ ~ ~% NJ~
~ an ink ~ on~ for ~l en~ ~ not u~ felt or ~nc~ M~ sn~ all en~ ~ ~t and I~ible~
Crystal Geys'% Wa er C0apany -
P~et~eatment. System pH Calibration Lomeet. .
Date Time Initials Prob: Readingsl 'Buffer 1 Buffer 2 Buffer 3 Slope
ID Before IARer 4 9.18 7
Please make certain to read and record the pH vaz: err. ach prob~, be£or~ .-,ud a£ter cleaniug, This w;~'l allow for thc correct
interpretation of the pH data. In add[!iom be sure use temprarure co.,-rected v~ues for the buffers when calibr~tiug ea=h pH
probe. If uny problems o~cur, make a not~ on 'the e -?.a~t and ou the Iogsheet. If the pH fails uu~ide the rsage 6.0 - 12.0, you mn
notify City Staffimmediately at 326-3249. A ~'fim r.-~ort explaining the ~ircnm_ntances must hbo be submR~ed within rwe
Reporla may be fa.~ed ~o City Staff at 852-2125.
Yon may ~tse ~e bark of ~ form for note detai~ a ~t~. Enter vninmes of chemicals re,eh, ed under the remarks column
Uat an ink pen osdy for all enlx~e~ Do not nsc felt, .--.n~l. ~ulu~ sure all entries are neat and legible!
' '~:' ': UPs 2ND 'DAY (BLUE) ' * ,;J PREPAY AND STAND
SHIP TO:
CRYSTAL GEYSBR ~ / '
~ BAKERSF i ELD ~ CA
'. UNITED STATES / US
~ARK FOR: ~3~07
MBER: ¢,0 ..... JF
~'LEASZ [:biURN ~-¢~Zi_EB EQUZF'MENT TO THE: F'O "
[.LOWING LOCATION; HONEYWELl_. ZNC
[ .fLOC VZ~:GZNZA DRZV~-"p~ WASHINGTON. F'A
WE f~{E t F'LE:ASEE~ TO SHIP THIS ITEM "O YOU ¢~S A WARRANTY
~EF'LAC~idEN'f'. WE DO REQUIRE THAT THE REPI..ACEI) :[TEN BE F~ETURNEZ~
ZF THEJREF'LACED UNIT IS NOT RETURNED WI'Ti. ]:N THIRTY DAYSL, THE
HA]"EEir,~L SHOLJLI) BIZ SHIF'F'ED F, RE-F,A:'[ UPS ~ll'/H A COF'Y OF' TH:rS
AUTHOR~ZAT:[ON TO:
NEYWELL ~iqC.
F1' WASHINGTON, F'A 19034
AItTN RGA: .......................................
PACKING SLIP/LABEL -
Page
dohn Davis
From: "LARRY JOHNS" <L. JOHNS@CONTROLCO.COM>
To: <johnd@cgw.oapi.com>
Sent: Tuesday, December 09, 2003 9:37 AM
Subjeot: FW: RGA 0040172JP
..... Original Message--,--
From: Erion, Jeffrey (CA15) [mailto:Jeffrey. Erion@honeywell.com]
Sent: Friday, November 14, 2003 9:51 AM
To: Larry Johns
Subject: FW: RGA 0040172JP
Larry:
This is the preliminary feedback from TAC on the Crystal Geyser
investigation~ Sounds like we will be getting some warranty
replacement
probes. But there is more work...and waiting do be done.
Jeff
> ..... Original Message .....
> From: Pierzynski, Joseph R (PA62)
> Sent: Thursday, November 13, 2003 2:19 PM
> To: Erion, Jeffrey (CA15)
> Subject: RE: RGA 0040172JP
>
> Hi Jeff,
> The results indicate that 2 of the electrodes have internal shorting,
as
> yet undetermined cause. The 3rd electrode tests good here.
> I have ordered 3 replacement electrodes to be sent to you.
> I will ask engineering to look at the 2 "shorted" electrodes, and see
12/09/2003
Page 2 of 2 · .'
> they can determine the exact cause of failure.
>
> Did you send the questionnaire with some detailed process
information
> Engineering will want this information.
> yours, , ,.
> Joe ~' '
>: .... Original Message .....
> From: Erion,.Jeffrey (CA15)
> Sent: Thursday, November 13, 2003 10:59 AM
> To: Joseph Pierzynski
> Subject: RGA 0040172JP
> Joe:
> Anything to report on these 3 Durafet probes that were shipped for
failure
> analysis?
> Honeywell
> Jeff Erion
> Industrial Measurement & Control
> 28061 Modjeska Grade Road
> Silverado, CA 92676
> *Phone: 714-649-9214
>* Fax' 714-649-9215
> *Email: .~...-
-. 12/09/2003.
AND TECHNICAL SERVICES
PROPOSAL · CONFIRMATION · CONTRACT
To: Crystal Geyser .Date: October 14, 2003
1233 E. California Ave. Reference: IR, Auto Dialer, PLC Batteries, UPS
Bakersfield, CA 93307 ABA-03-050
Attention: John Davis
We propose to do the referenced work for the following considerations:
Lumo Sum 1 $800.00 Per Day
' ~ $2,250.00 --~' '.' ::
3 $2,650.00
$1,250.00 J"
Scope of work we propose to do includes:
1.Furnish Infrared imaging service for plant electrical equipment. A binder is provided with infrared images, black
& white photo's, and an explanation of the problems found with recommendations for repair.
2. Furnish and install a 4-channel auto dialer to monitor effluent flow, sump level, and pH.
Auto
dialer
will
be
mounted
in the west building office (desk mount). Includes 2 hours of stad up.
3. Furnish and install (replacement batteries) for 9-Allen Bradley SLC type PLC's, and 2 HoneywelI.PLC's.
,~, ~t. Furnish and install 2 stand alone UPS systems. 1-500 VA for the auto dialer, and 1-700 VA for the existing
phone system.
Exclusions
Permits, fee's, ovedime, any work outside the aforementioned scope.
Payment Terms: [] Monthly Progress Payments [] On Completion
[] Other
Bond: Labor and Material and Performance Bonds available, but bond premium not included in this
quote.
Indemnification: ACTS maintains adequate liability insurance and will indemnify and hold you harmless from
the negligent acts or omissions of its employees, subcontractors or agents. This
indemnification does not extend to the negligent acts of Customer, its subcontractors or
agents.
Acceptance may be made by, signing and returning on copy of this form or by forwarding us an acceptable form
of your purchase order or subcontract document by: 11/01/03
Offered by: // Accepted by:
coy. o. ·
(~S i~ed
Tim BachmanlService Manager U ,~¢_.2 (-,/',¢ I~-~,, /,,,~//17'~'/]~'(J,~
Name & Title Name & Title
License No.
ACTS PCC 1199 Acknowledgement Copy
Box 2919 Bakersfletd, CA 9:5:50:5 · Phone 661/:3~9-2200 ° Fox 661/3~9-2~99 · www.a-coutomated.com
A Division of A~C Electric Company - CA License 99~49
CRYSTAL GEYSER WATER'COMPANY P.O.
VENDOR INFORMATION (PLEASE STATE FULL ADDRESS IF THIS IS A NEW VENDOR)
NAME ~ ~ ~~ ~/r~ _ ORDER PLACED WITH
DEPARTMENT:
REQUESTED BY: ~¢~ ~ / ~ WAREHOUSE: BAK CA~::'PO8
,DATE REQUIRED IS THIS ORDER T~BLE: YES NO
HAS THIS ORDER BEEN P~CED? YES NO _. WHAT IS THE T~ ~TE~,__ ',.'?'
DO WE PAY FREIGHT: YES NO F.O.B,: ORIGIN DESTINA~ON
DELIVERY BY: OUR TRUCK VENDOR ~OTHER: .....
IF CAPITAL EXPENSE PLEASE DESCRIBE:
Q~ Q~ UM DESCRIPTION NO. SPER . '.'TOTA[',~;':'
COMMENTS TO BE ADDED TO THE P.O.: SUBTOTAL ·
FREIGHT ..
FED ID ~ 94-2476933 STATE T~ ~ 261-9453-0 '."
Sc isap ~onc I(c~m)lc Mtmitoril~g ;l~lcl C,(,d.rt~l ~4ys c ns I'agc I (.~1' I
Who* con Sensophone do ~or Woter~ostewot{
Wator/Wastewater 3000
~ Alarm on Lift Staticm FailL. e
· Duplex Pump Control
~ Dalalog Flow ' ':
~ Monitor Access to Clean Waler Systems
· Collect Data o~ Pump Runfime
F'AQ's [¢] I..ea~ me~
S~SAPHO~[~ 2000 Other Possible Solutions
~:. "~ Sensapbone 1100 Sensaphone 411
Combines sophisticated monitoring with user-
recorded alarm messages and flexible dialout
capabilities to fax machines, pagers, e-mail,
and compulers. It even geimrales web pages~ Sensaphone Express Sensaphone Exp~
htlp://www.sensalahone.com/wastcwater.html 10/7/2003
November 21, 2003
Agent for Service of Process:
.~Rr- c,~E~ Mr. Peter Gordon
ROH
501 Washington Street
ADMINISTRATIVE SERVICES Calistoga, CA 94515
2101 "H' Street
Bakersfield, CA 93301
VOICE (661) 326-3941 Certified Mail
FAX (661) 395-1349
SUPPRESSIO. SERVICES
2101 "H' Slreel CRYSTAL GEYSER WATER COMPANY, DOCKET NO.: 2003-13
Bakersfield, CA 93301
VOICE (661) 326-3941
FAX (661) 395-1349
PREVENTION SERVICES TO whom it may concern:
FIRE SAFETY SERVICES o ENVIROHItENTAL SERVICES
1715 Chester Ave.
Bakersfield, CA 93301 Enclosed please find an Enforcement Order and related documents concerning
VOICE {661) 326-3979
FAX (661) 326-0576 violations of Chapter 6.5 of Division 20 of the California Health and Safety
Code. This Enforcement Order pertains to the illegal discharge of a corrosive
PUBLIC EOUCA'nON hazardous waste into the sanitary sewer and does not preclude this Office
1715 Chester Ave.
Bakersl~e~d. CA 9aa01 from taking additional enforcement and compliance action.
vOtCE (661) 326-36o0
FAX (661) 326-0576
As indicated in the enclosures, you have a right to a heating. Whether or not
mE INVES~C~ON you choose to pursue an appeal, you are encouraged to explore the possibility
1715 Chester Ave.
Bakersfield, CA 93301 of settlement meeting on Tuesday, December 2, 2003 at 10:00 am by
VOICE (661)326-3951 contacting me at 1715 Chester Avenue, Suite 300, Bakersfield, CA 93301,
FAX (661) 326-0576
telephone (661) 326-3979.
TRAINING DIVISION
5642 VIctor Ave.
Bakersfield, CA 93308 olncerely,
VOICE (661) 3994697
Director of Prevention Services
Enclosures
cc: R. Hofferd, CG Bakersfield (w/encl.)
G"' Postage
, ~ Certified Fee
r~ Postmark
~ r'-t Retum Reclept Fee
(Endorsement Required) Hem
Restricted Delivery Fee
(Endorsement Required)
m
Total Postage
~ ru MR PETER GORDON
r-, /.~..'o 1
I m [ ~v,r,~£-~,zm:.;r,- 501 WASHINGTON STREET .]
[o~KS'~,,o." CALISTOGA CA 94515 .1
STATE OF CALIFORNIA
CITY OF BAKERSFIELD
CERTIFIED UNIFIED PROGRAM AGENCY
In the Matter of: Docket No.: 0003-13
CRYSTAL GEYSER WATER COMPANY ENFORCEMENT ORDER
A California corporation No. C0823855
Health and Safety Code Section
Respondent. 25187
INTRODUCTION
1. Parties. The Office of Environmental Services for the City of Bakersfield
Fire Department, a Certified Unified Program Agency (CUPA) authorized by the
Secretary of the California Environmental Protection Agency (Cai/EPA) to administer
and enforce the Hazardous Substance Control Act in the City of Bakersfield, issues this
Enforcement Order (Order) to Crystal Geyser Water Company, 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: 1233 East
California Avenue in Bakersfield, California.
1.3 Generator. The Respondent generated the following hazardous wastes:
sodium hydroxide solution, a "corrosive" hazardous waste pursuant to title 22 of the
California Code of Regulations (CCR), section 66261.22.
1.4 Jurisdiction. Section 25187 of the Health and Safety Code (HSC)
authorizes the CUPA to order action necessary to correct violations and assess a
penalty when the CUPA determines that any person has violated specified provisions of
the Health and Safety Code or any permit, rule, regulation, standard, or requirement
issued or adopted pursuant thereto.
1
DETERMINATION OF VIOLATIONS
The CUPA hereby determines that Respondent violated:
2.1 The Hazardous Waste Control Law (Health & Safety Code section 25100,
et seq.), to wit: section 25189.5. Disposal, treatment or storage at, or
transportation to, facilities without permits or at unauthorized points. On
or about September 11, 2003 a release of sodium hydroxide solution in
waste water occurred at the Crystal Geyser bottling facility in Bakersfield.
Approximately 720 gallons of the material, with a pH of 12.5 to 13.5, was
discharged to the sanitary sewer in violation of the City of Bakersfield
Publicly Owned Treatment Works (POTW) industrial wastewater
discharge permit requirements and hazardous waste control laws.
2.2 On or about September 28, 2003 another release of sodium hydroxide
solution in waste water occurred at the Crystal Geyser bottling facility in
Bakersfield. Approximately 5,985 gallons of the material, with a pH' of
12.5 to 13.3, was discharged to the sanitary sewer in violation of the City
of Bakersfield Publicly Owned Treatment Works (POTW) industrial
wastewater discharge permit requirements and hazardous waste control
laws.
SCHEDULE FOR COMPLIANCE
3. Based on the forgoing DETERMINATION OF VIOLATIONS, IT IS
HEREBY ORDERED THAT:
3.1 Respondent shall make arrangements to prevent the discharge of
hazardous waste liquids into the POTW.
3.2 Submittals. A copy of any engineering and administrative control
documentation designed to prevent future hazardous waste releases in violation of the
POTW industrial discharge permit requirements, in particular, shall be forwarded within
fifteen (15) days from the date of this Order to:
Mr. Ralph Huey
Director of Prevention Services
City of Bakersfield
1715 Chester Avenue
Bakersfield, California 93301
3.3 Communications. All approvals and decisions of the CUPA made
regarding submittals and notifications will be communicated to Respondent in writing by
the Director of Prevention Services or his/her designee. No informal advice, guidance,
suggestions, or comments by the CUPA regarding reports, plans, specifications,
schedules, or any writings by the Respondent shall be construed to relieve Respondent
of the obligation to obtain such formal approvals as may be required.
3.4 CUPA Review and Approval. If the CUPA determines that the schedule,
or other submitted for approval pursuant to this order fails to comply with the order or
fails to protect public health or safety or the environment, the CUPA may:
a. Modify the document as deemed necessary and approve the document as
modified, or
b. Return the document to ResPondent with recommended changes and a
date by which Respondent with recommended changes and a date by which
Respondent must submit to the CUPA a revised document incorporating the
recommended changes.
3.5 Compliance with Applicable Laws. Respondent shall carry out this Order
in compliance with all local, State, and federal requirements, including but not limited to
requirements to obtain permits and to assure worker safety.
3.6 Endangerment during Implementation. In the event that the CUPA
determines that any circumstances or activity (whether or not pursued in compliance
with this Order) are creating an imminent or substantial endangerment to the health or
welfare of people on the site or in the Surrounding area or to the environment, the CUPA
may order Respondent to stop further implementation of this Order for such period of
3
time as needed to abate the endangerment. Any deadline in this Order directly affected
by a Stop Work Order under this section shall be extended for the term of the Stop
Work Order.
3.7 Liability. Nothing in this Order shall constitute or be construed as a
satisfaction or release from liability for any conditions or claims arising as a result of
past, current, or future operations of Respondent...other than those violations alleged in
section 2 of this order. Notwithstanding compliance with the terms of this Order,
Respondent may be required to take further actions as are necessary to protect public
health or welfare or the environment.
3.8 Data and Document Availability. Respondent shall permit the CUPA and
its authorized representatives to inspect and copy all sampling, testing, monitoring, and
other data generated by Respondent or on Respondent's behalf in any way pertaining
to work undertaken pursuant to this Order. Respondent shall allow the' CUPA and its
authorized representatives to take duplicates of any samples collected by Respondent
pursuant to this Order. Respondent shall maintain a central depository of the data,
reports, and other documents prepared pursuant to this Order. All such data, reports,
and other documents shall be preserved, by Respondent for a minimum of three years
after the conclusion of all activities under this Order. If the CUPA requests that some or
all of these documents be preserved for a longer period of time, Respondent shall either
comply with that request, deliver the documents to the CUPA, or permit the CUPA to
copy the documents prior to destruction.
3.9 Government Liabilities. The City of Bakersfield shall not be liable for
injuries or damages to persons or property resulting from acts or omissions by
Respondent or related parties specified in paragraph 3.'16 in carrying out activities
pursuant to this Order, nor shall the City of Bakersfield be held as a party to any
contract entered into. by Respondent or its agents in carrying out activities pursuant to
the Order.
4
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 any document within the time required under this Order, the Respondent may,
prior to expiration of the time, request an extension of time in writing. The extension
request shall include a justification for the delay.
3.13 Extension Approvals. If the CUPA determines that good cause exists for
an extension, it will grant the request and specify in writing a new compliance schedule.
3.14 Penalties for Noncompliance. Failure to comply with the terms of this
Order may also subject Respondent to costs, penalties, and/or punitive damages for
any costs incurred by the CUPA or other government agencies as a result of such
failure, as provided by HSC section 25188 and other applicable provisions of law.
3.15 Parties Bound. This Order shall apply to and be binding upon
Respondent, and its officers, directors and agents, including but not limited to
individuals, and upon the CUPA and any successor agency that may have
responsibility for and jurisdiction over the subject matter of this order.
PENALTY
4. The CUPA assesses a penalty of $ 4,500. Payment of the total penalty of
$ 4,500 is due within thirty (30) days from the effective date of the Order. Respondent's
check shall be made payable to City of Bakersfield, Certified Unified Program Agency,
and shall identify the Respondent and Docket Number, as shown in the heading of this
case. Respondent shall deliver the penalty payment to:
Ms. Susan Chichester
Business Manager
City of Bakersfield Fire Department
2101 H Street
5
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: November 21,2003.
/'M r~'Ra~p~ Date
Director oTPrevention Services
City of Bakersfield
Crystal Geyser Water Company Date
Typed or Printed Name of
Respondent's Representative
cc: Mr. Robert Hofferd, Production Supervisor
Crystal Geyser Bakersfield
1233 East California Avenue
Bakersfield, CA 93307
Ms. Janice $canlan
Deputy City Attorney
City Attorney's Office
City of Bakersfield
1501 Truxtun Avenue
Bakersfield,CA93301
6
ACKNOWLEDGMENT OF RECEIPT
Without admitting the violations, I acknowledge receipt of this Enforcement
Order, Statement to Respondent, Certification of Compliance form, and two copies of
the form entitled Notice of Defense.
DATED:
Signature
Print Name and Title
S:\CORRESPONDENCE~2.003-1 I\ENFORCEMENTORDER_CRYSTAL GEYSER_.DOC
.STATE OF CALIFORNIA
CITY OF BAKERSFIELD
CERTIFIED UNIFIED PROGRAM AGENCY
In the Matter of: Docket No.: 2003-13
CRYSTAL GEYSER WATER COMPANY STATEMENT TO RESPONDENT
A California corporation No. C0823855
Enforcement Order
Respondent.
TO THE ABOVE RESPONDENT:
An Enforcement Order ("Order") is attached to this statement and is hereby
served upon you. The Order has been filed by the City of Bakersfield Certified Unified
Program Agency (CUPA).
Unless a written request for a hearing signed by you or on your behalf is
delivered or mailed to the CUPA within fifteen (15) days after you have received a copy
of the Order, you will be deemed to have waived your right to a hearing in this matter. If
you do not file a timely hearing request, the Order becomes final automatically.
The request for a hearing may be made by delivering or mailing one copy of the
enclosed form entitled "Notice of Defense" or by delivering or mailing a Notice of
Defense as provided in Section 11506 of the Government Code to:
Ms. Janice Scanlan
Deputy City Attorney
City Attorney's Office
City of Bakersfield
150.1 Truxtun Avenue
Bakersfield, California 93301
Telephone: (661) 326-3721
The enclosed Notice of Defense, if signed and filed with the CUPA, is deemed a
specific denial of all parts of the Order, but you will not be permitted to raise any
objection to the form of the Order unless you file a further Notice of Defense as provided
in Section11506 of the Government Code within fifteen (15) days after service of the
Order upon you.
If you file a Notice of Defense within the time permitted, a hearing on the
allegations made in the Order will be conducted by the Office of Administrative Hearings
of the Department of General Services in accordance with the procedures specified in
Health and Safety Code section 25187 and Government Code sections 11507, et seq.
The hearing may be postponed for good cause. If you have good cause, you
must notify the CUPA within ten (10) working days after you discover the good cause.
Failure to notify the CUPA within ten (10) working days will deprive you of a
postponement.
Copies of Government Code Sections 11507.5, 11507.6 and 11507.7 are
attached. If you desire the names and addresses of witnesses or an opportunity to
inspect and copy items in possession, custody or control of the CUPA, you may contact:
Ms. Janice Scanlan
Deputy City Attorney
City Attorney's Office
City of Bakersfield
1501 Truxtun Avenue
Bakersfield, California 93301
Telephone: (661) 326-3721
Whether or not you have a hearing, you may confer informally with the CUPA to
discuss the alleged facts, determinations, corrective actions and penalty. An informal
conference does not, however, postpone the fifteen (15) day period you have to request
a headng on the Order. An informal conference may be pursued simultaneously with
the hearing process.
2
You may, but are not required, to be represented by counsel at any or all stages
of these proceedings.
INFORMAL CONFERENCE
If you wish to discuss this matter with the CUPA, an Informal Conference has
been scheduled for:
Date: Tuesday, December 2, 2003
Time: 10:00 AM
Location: Prevention Services Division
3rd Floor Conference Room
City of Bakersfield
Development Services Building
1715 Chester Avenue
Bakersfield, California 93301
(661) 326-3979
You may inform the CUPA at the conference whether you wish to pursue a
formal hearing or waive your right to a formal hearing, as explained below.
FORMAL HEARING RIGHTS
YOU MUST FILE A WRITTEN REQUEST FOR A HEARING WITHIN FIFTEEN
(15) DAYS IF YOU WISH TO HAVE A FORMAL HEARING.
S:\CORRESPONDENCE'~.003-1 I\RESPONDENT_CG BAKERSFIELD.DOC
3
STATE OF CALIFORNIA
CITY OF BAKERSFIELD
CERTIFIED UNIFIED PROGRAM AGENCY
In the Matter of: Docket No.: 2003-13
CRYSTAL GEYSER WATER COMPANY NOTICE OF DEFENSE
A California corporation No. C0823855
California Health and Safety Code
Section 25187(d)
Respondent.
I, the undersigned Respondent, acknowledge receipt of a copy of the
Enforcement Order, Statement to Respondent, Government Code sections 11507.5,
11507.6 and 11507.7, and two copies of this Notice of Defense.
I request a hearing to permit me to present my defense to the allegations
contained in the Enforcement Order.
Dated:
(Signature of Respondent)
Please Type or Print the Name and Mailing
Address of Respondent
(Name)
(Street Address)
(City) (State) (Zip)
(Telephone Number)
S:\CORRESPONDENCEA2003-11\NOTICEOFDEFENSE_CG BAKERSFIELD.DOC
1
STATE OF CALIFORNIA
CITY OF BAKERSFIELD
CERTIFIED UNIFIED PROGRAM AGENCY
In the Matter of: Docket No.: 2003-13
CRYSTAL GEYSER WATER COMPANY NOTICE OF DEFENSE
A California corporation No. C0823855
California Health and Safety Code
Section 25187(d)
Respondent.
I, the undersigned Respondent, acknowledge receipt of a copy of the
Enforcement Order, Statement to Respondent, Government Code sections 11507.5,
11507.6 and 11507.7, and two copies of this Notice of Defense.
I request a hearing to permit me to present my defense to the allegations
contained in the Enforcement Order.
Dated:
(Signature of Respondent)
Please Type or Print the Name and Mailing
Address of Respondent
(Name)
(Street Address)
(City) (State) (Zip)
(Telephone Number)
S:\CORRESPONDENCE~003-11\NOTICEOFDEFENSE_CG BAKERSFIELD.DOC
GOVErnMENT COD~
Section 11507.5. Exclusivity of discovery provisions
The provisions of Section 11507.6 provide the exclusive
right to and method of discovery as to any proceeding governed by
this chapter..
Section 11507.6. Request for discovery
After initiation of a proceeding in which a respondent or
other party is entitled to a hearing on the merits, a party, upon.
written request made to another party, prior to the hearing and
within 30 days after service by the agency of the initial
pleading or within 15 days after such service of an additional
pleading, is entitled to (1) obtain the names and addresses of
witnesses to the extent known to the other party, including, but
not limited to, those intended to be called to testify at the
hearing, and (2) inspect and make a copy of any of the following
in the possession or custody or under the control of the other
party: "
(a) A statement of a person, other than the respondent,
named in the initial administrative pleading, or in any
additional pleading, when it is claimed that the act or omission
of the respondent as to such person is the basis for the
administrative proceeding;
(b) A statement pertaining to the subject matter of the
proceeding made by any party to another party or person;
(c) Statements of witnesses then proposed to be called by
the party'and of other persons having personal knowledge of the
acts, omissions or events which are the basis for the proceeding,
not included in (a) or (b) above;
(d) All writings, including, but not limited to, reports of
mental, physical and blood examinations and things which the
party then proposes to offer in evidence;
(e) Any other writing or thing Which is relevant and which
would be admissible in evidence;
F.b/F, I I '~
(1/9.1)
(f) Investigative reports made by or on behalf of the
agency or other party pertaining to the subject matter of the
proceeding, to the extent that such reports (1) contain the names
and addresses of witnesses or of persons having personal
knowledge of the acts, omissions or events which are the basis
for the proceeding, or (2) reflect matters perceived by the
investigator in the course of his or her investigation, or (3)
contain or include by attachment any statement or writing
described in (a) to (e), inclusive, or summary thereof.
For the purpose of this section, "statements" include
written statements by the person signed or otherwise
authenticated by him or her, stenographic, mechanical, electrical
or other recordings, or transcripts thereof, of oral statements
by the person, and written reports or summaries of such oral
statements.
Nothing in this section shall authorize the inspection or
copying of any writing or thing which is privileged from
disclosure by law or otherwise made confidential or protected as
the attorney's work product.
(g) In any proceeding under subdivision (i) or (j) of
Section 12940, or Section 19572 or 19702, alleging conduct which
constitutes sexual harassment, sexual assault, or sexual battery,
evidence of specific instances of a complainant's sexual conduct
with individuals other than the alleged perpetrator is not
discoverable unless it is to be'offered at a hearing to attack
the credibility of the complainant as provided for under
subdivision (j) of Section 11513. This subdivision is intended
only to limit the scope of discovery; it is not intended to
effect the methods of discovery allowed under this section.
Section 11507.7. Petition to compel discovery; Order;
Sanctions
(a) Any party claiming his request for discovery pursuant
to Section 11507.6 has not been complied with may serve and file
a verified petition to compel discovery in the superior court for
the county in which the administrative hearing will be held,
naming as respondent the party refusing or failing to comply with
Section 11507.6. The petition shall state facts showing the
respondent party failed or refused to comply with Section
11507.6, a description of the matters sought to be discovered,
the reason or reasons why such matter is discoverable under this
section, and the ground or grounds of respondent's refusal so far
as known to petitioner.
6
(b) The petition shall be served upon respondent party and
filed within 15 days after the respondent party first evidenced
his failure or refusal to comply with Section 11507.6 or within
30 days after request was made and the party has failed to reply
to the request, whichever period is longer. However, no petition
may be filed within 15 days of the date set for commencement of
the administrative hearing except upon order of the court after
motion and notice and for good cause shown. In acting upon such
motion, the court shall consider the necessity and reasons for
such discovery, the diligence or lack of diligence of the moving
party, whether the granting of the motion will delay the
commencement of the administrative hearing on the date set, and
the possible prejudice of such action to any party.
(c) If from a reading of the petition the court is
satisfied that the petition sets forth good cause for relief, the
court shall issue an order to show cause directed to the
respondent party; otherwise th~ court shall enter an order
denying the petition. The order to show cause shall be served
upon the respondent and his attorney of record in the
administrative proceeding by personal delivery or certified mail
and shall be returnable no earlier than 10 days from its issuance
nor later than 30 days after the filing of the petition. The
respondent party shall have the right to serve and file a written
answer or other response to the petition and order to show cause.
(d) The court may in its discretion order the
administrative proceeding stayed during the pendency of the
proceeding, and if necessary for a reasonable time thereafter to
afford the parties time to comply with the court order.
(e) Where the matter sought to be discovered is under the
custody or control of the respondent party and the respondent
party asserts that such matter is not a discoverable matter under
the provisions of Section 11507.6, or is privileged against
disclosure under such provisions, the court may order lodged with
it such matters as are provided in subdivision (b) of Section 915
of the Evidence Code and examine such matters in accordance with
the provisions thereof.
(f) The court shall decide the case on the matters examined
by the court in camera, the papers filed by the parties, and such
oral argument and additional evidence as the court may allow.
(g) Unless otherwise stipulated by the parties, the court
shall no later than 30 days after the filing of the petition file
its order denying or granting the petition, provided, however,
the court may on its own motion for good cause extend such time
an additional 30 days. The order of the court shall be in
writing setting forth the matters or parts thereof the petitioner
I~"~. 11 7
is 'entitled to discover under Section 11507.6. A copy of the
order shall forthwith be served by mail by the clerk upon the
parties. Where the order grants the petition in whole or in
par~, such order shall not become effective until 10 days after
the date the order is served by the clerk. Where the order
denies relief to the petitioning party, the order shall be
effective on the date it is served by the clerk.
(h) The order of the superior court shall be final and not
subject to review by appeal. A party aggrieved by such order, or
any part thereof, may within 15 days after the service
of the superior court's order serve and file in the district
court of appeal for the district in which the superior cour~ is
located, a petition for a writ of mandamus to compel the superior
court to set aside or otherwise modify its order. Where such
review is sought from an order granting discovery, the order of
the trial court and the administrative proceeding shall be stayed
upon the filing of the petition for writ of mandamus, provided,
however, the court of appeal may dissolve or modify the stay
thereafter if it is in the public interest to do so. Where such
review is sought from a denial of discovery, neither the trial
court's order nor the administrative proceeding shall be stayed
by the court of appeal except upon a clear showing of probable
error.
(i) Where the superior cour~ finds that a Party or his
attorney, without substantial justification, failed or refused to
comply with Section 11507.6, or, without substantial
justification, filed a petition to compel discovery pursuant to
~this section, or, without substantial justification, failed to
comply with any order of court made pursuant to this section, the
court may award court costs and reasonable attorney fees to the
opposing party. Nothing in this subdivision shall limit the
power of the superior court to compel obedience to its orders by
contempt proceedings.
~.zl 8
(I/93}
Howard Wines-Flows for vio of 9/11/0~_~8-~ ............... ~" Pag~
From: "Harry Barba" <harryb @ crystalgeyser.com>
To: <hwines@ci.bakersfield.ca.us>
Date: 11/20/2003 10:11:26 AM
Subject: Flows for vio of 9/11/03 and 9/28/03
Howard,
Per our conversation today.
Violation of 9/11/03 looks like we flowed for about 1 hr and 20mins at ph 13.3...
So 1 hr and 20rain at 11-8gals a min so lets average this out lets say 9.0 gals
a rain.So we discharged a total of 720 gals were discharged.
Violation of 9/28/03 looks like we flowed for about 10.5 hrs at ph of 13.3...
Discharge stands at 5985 gals.
If any more questions don't heistate to call.
Thank You
Harry Barba
Q/A Supervisor
CG Bakersfield
661 323-6296
CC: "Harry Barba" <harryb@crystalgeyser.com>
"AMERICA'S
NATURAL BEVERAGE
October 7, 2003 COMPANY"
Gregg Wolf
City of Bakersfield
Wastewater division
8101 Ashe Rd
Bakersfield, Ca 93313
RE: pH VIOLATION ON 9111103
On September 11, 2003 from 11:30 p.m. to 1:07 a.m. we had a viOlation ofpH greater than 13.0. From the
chart it looks like we flowed for about one hour and thirty-seven minutes at a pH of 13.5.
We had discovered that zone # 2 had fallen out of calibration, making pH on final to violate.
The alarm we have in place for high or low pH did not work to let q.c. tech know there was a problem.
Quality control tech assumed that because he had a high pH it would not flow, so he marked the chart okay
and let the maintenance department know there was a problem, not realizing he was pumping in violation.
Not until later that shift we found that the final controller had gone back to factory setting. Now all quality
control techs have been trained to look at all charts and to read charts correctly. We are also on Mondays
before week starts we will check set points on all controllers and on Fridays at the end of each week.
I will make it a point to review charts more carefully and closely.
If you have any further questions please call me.
Harry Barba
Q.C. Supervisor
CG Bakersfield
Cc: Howard Wines
Bakersfield Fire Department
CRYSTAL GEYSER WATER COMPANY
p.O. Box 304, 501 Washington Street, Calistoga, CA 94515-0304 (707) 942-0500 FAX (707) 942-06'47
'~AMERICA 'S
NATURAL BEVERAGE
September 30,2003 COMPANY"
Greg Wolf
City of Bakersfield
Wastewater Division
8101 Ashe Rd.
Bakersfield, Ca 93313
Re: pH Violation on 9/28/03
On September 28, 2003 t?om our review of the pH charts the problem started at 7:00 a.m., but did not flow
until 6:30 p.m. with a pH greater than 12.0 and did flow for 10.5 hours ~ 11.0 gallons per minute-8 gallons
per minute. Flow rate flowed until 5:00 a.m Monday morning 9/29/03. My calculation is that we discharged
5985 gallons of water with a pH greater than 12.0. I have made this calculation based on the low being
5040 gallons and the high being 6930 and average those numbers.
After our investigation of the problem we found that zone # 2 had fallen out of calibration due to having
water in the electrical conduit that holds pH probe in line. The water caused zone//2 to call for acid (HCL)
and caustic (Sodium Hydroxide) making zone # l high causing final zone to violate and pump ali hcl acid
and some caustic out.
After correcting problem on zone #2wastewater back on line. Chemicals lost is as follows:
Hydrocloric Acid-280 gallons
Caustic-250 gallons
We know these amounts are correct because we had just done inventory so we are pretty sure about the
numbers.
In the future the procedure will be to shut down wastewater for weekends and holidays. Hopefully this will
stop the problem.
If you have any further questions please call.
Sincerely
Harry Barba
Q/A Supervisor
CG Bakersfield
cc: Howard Wines
'Bakersfield Fire Department
CRYSTAL GEYSER WATER COMPANY
P.O. Box 304, 501 Washington Street, Calistoga, CA 94515-0304 (707) 942-0500 FAX (707) 942-0647
California Business Search Page 1 o.f 1
DISCLAIMER: The information displayed here is current as of NOV 14, 2003 and is updated weekly. It is
not a complete or certified record of the Corporation.
Corporation
CRYSTAL GEYSER WATER COMPANY
Number: C0823855 ll.ate Filed: 8/15/1977 llStatus: active
Jurisdiction: California
Mailing Address
501 WASHINGTON ST
CALISTOGA, CA 94515
Agent for Service of Process
PETER GORDON
501 WASHINGTON ST
CALISTOGA, CA 94515
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~823855&printer=-yes 11/20/2003