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HomeMy WebLinkAboutHAZ-WAST INSP 7/17/2001  HAZ:.,.~, )OUS MATERIALS I~/I.SION ~ TIME CHARGED .ADDRESS: PROJECT DESCRIFFION: PROJECT NUMBER: DATE: NAME: CHGD: COMMENTS: 7Ado, -~ ~o ~.,~ ¢~,~ ~ PROJECT COMPLETION: DATE: t FABRICATION- - & MACHINE, INC. December 12, 2001 :Mr. Ralph Hu_ey Director of PreVention Services City of Bakersfield 1715 Chester Avenue Bakersfield, California 93301 RE: Order on Consent Agreement for Docket No.: 2001-0.~ Dear Mr. Huey: . In accordance to' the referenced Order on Consent Agreement, please find a copy of the HazMat Operating Plan for Ken Small Fabrication & Machinb, Inc (operating record) for your review, as well as a photocopy of the penalty paymentisubmitted to Mr. Walter Iq. Port, Or., Deputy City Attorney. I want to assure you that the proper policies and procedures have been put in place to prevent this from happening again. If you have any questions, please feel free to call me at 661~-833-9000. Sincerely, Douglas. A. Erickson Senior Vice President -Ken SmalI-FabricationandMaChine;-Inc: :-~ ..... - ........ - CC E'd Caballero Mater File ; ~ - 6000District Boulevard · Bakersfield, CA 93313-2105 · (661) 833~9000 · FAX (661) 396-8561 Operating Record Plan for KS Fabrication & Machine, Inc. 6000 District Boulevard Bakersfield, CA 93313 Date of Plan: December 4, 2001 Designated person for hazardous materials and hazardous waste management: Mark Horton Plant Engineer Our EPA ID number is CAL000216238. This number is specific to 6000 District Blvd and the present ownership of KSFM. It is used to track all hazardous waste generated at this facility from "cradle to grave." 1. Records The following files will be maintained in the KSFM Shipping/Receiving office: a. A log of all hazardous waste accumulation, which includes the description, container size and description, location, date accumulation begins, related analysis and test results, date transported away from KSFM facility, transporter and destination. Any quantities destined for landfills will be precisely noted as such. b. All lab test results for waste determination. c. Certificates for all hazardous waste destination facilities demonstrating their compliance with all Federal, state and local laws. d. All manifests (and receipts for waste oil) for waste transported away from the facility. e. Exception reports when no acknowledgment of receipt of:hazardous waste by the destination facility is received within the allotted time. f. Weekly container inspection log. g. Monthly Facility inspection checklists. h. Our SPCC (spill prevention control & countermeasures) Plan and our Hazardous Materials & Waste Business Plan. i. A log of all implementations of the KSFM Emergency Response Plan and any other emergency action taken in accordance with this document. j. Biennial reports k. Written job descriptions for all positions involving hazardous materials and waste management 1. Employee training descriptions and employee training records. All records must be maintained at least five years. It will be the responsibility of the Materials Manager to maintain and protect these records. 2. Source Reduction- KSFM will try to eliminate or reduce the quantity of hazardous waste generated in all of our operations. Opportunities will be identified from monthly inspection checklists, employee suggestions or during process improvements. a. Anytime used equipment is brought into our yard for sandblasting, a sample of the coatings and any sludge or residue associated with the project will be sent to a certified laboratory (Zalco Laboratories Inc.) for testing. Coating chips will be tested for lead, copper, zinc and arsenic content. Any abrasive used on hazardous materials will be segregated to prevent contamination of other spent abrasive. 3. Waste Accumulation and Containers a. All hazardous waste containers will be properly labeled. Labels must have: i. Accumulation start date ii. The words "Hazardous Waste" iii. Physical state of the waste and its content/composition iv. Hazardous properties of the waste v. Our name and address b. Empty containers will be marked with the date emptied. No empty container will remain on site longer than twelve months from the date emptied. c. Containers will be structurally sound, leak-free, compatible with the contents, and kept sealed at all times. Containers will be placedwithin a secondary containment sump and will be covered whenever possible to prevent rain mn-off contamination. No ignitable or reactive waste container will be placed within 50 feet of a property line. d. All hazardous waste containers will be inspected weekly. The inspection checklist will be kept in the Shipping/Receiving office. e. All wastes will be properly classified and segregated. Tables of DOT, RCRA and non- RCRA waste classifications will be available at all times in the KSFM Shipping/Receiving office. f. Time allowed at KSFM will never exceed 90 days from the day accumulation began. g. No new container (other than 55 gallon drams used for waste oil accumulation) or tank for hazardous waste accumulation will be put in service without consulting the Plant Engineer or Materials Manager. 4. Hazardous Waste Disposal- All wastes will be transported in accordance with DOT standards and a manifest will be used (waste oil does not require a formal manifest) to .track the waste's destination. Only DTSC registered transporters and permitted TSDF's (treatment, storage and disposal facilities) will be used. Only trained staff will fill out. the manifest form in accordance with detailed instructions kept in the KSFM Shipping/Receiving office (there is a $20 fine for every error on a manifest form). a. Copy #4 (yellow) of the manifest is to be filed in the KSFM Shipping/receiving office. A reminder should be set-up in the S/R office Outlook for 35 days from the date of the shipment. b. Copy #2 (blue) of the manifest is to be mailed to the California Department of Toxic Substances Control (DTSC) by KSFM. c. Copy #3 (yellow) should arrive by mail from the TSDF within 35 days. This manifest copy should be signed, confirming safe arrival of the shipment at the TSDF. Copy #3 should be matched up to copy #4 in the KSFM file. d. If copy #3 has NOT arrived at KSFM before the Outlook reminder flashes, the KSFM S/R division will immediately contact the transporter and/or the TSDF to determine status of the shipment. If, after 45 days from the original shipment date, KSFM does not have a 2 signed copy 4/3 in hand, a formal exception report will be mailed that same day to the DTSC in Sacramento. This report will include a copy of the manifest in question along with a signed cover letter explaining the efforts taken to locate the shipment as well as results of those efforts. 5. Training- All employees will be trained in accordance with this plan and the KSFM SPCC plan. Certain designated employees will receive comprehensive training in hazardous waste management and will be responsible for day-to-day waste management. All other employees will be trained to recognize and minimize hazardous waste generation. They will also be trained as to when a qualified staff member should be notified of a hazardous waste matter. 6. Emergency Response Procedures- The Emergency Coordinator for KSFM is the corporate safety director, Bob McQueen. His 24-hour cell phone number is (661) 809-6680. All emergencies will be reported to the Safety Director, and the employee's direct supervisor if applicable. All phones at KSFM will have~.emergency response information posted nearby. Alt. emergency contacts: Doug Erickson, Vice President, cell (661) 619-3257 Mark Horton, Plant Engineer, pager (661) 638-3474 Ed Caballero, Mat'l Manager, cell (661) 978-4497 a. Hazardous materials normally on site include: i. Diesel and gasoline above-ground storage tanks in the: middle of the yard (Flammable/explosive) ii. MEK, acetone and other paint solvents stored in drams west of the paint booth (flammable) iii. MEK, acetone and other paint solvents being recycled: south of the paint booth (flammable) iv. Paint and protective coating products stored in the second "Sea-Train" container south of the paint booth (flammable) v. Small quantifies of solvents, spray paints, lubricants, etc. are located in the Machine shop tool room, Fabrication shop tool cage, and Shipping/Receiving office. vi. Filed and stored papers located in all offices, the warehouse, and the storage area above the machine shop tool room (flammable) vii. Paint fumes in and near the paint booth when it is operating (health hazard/explosive) viii. Occasional crude oil and related residues from equipment brought into shop and/or yard for repair or modification (flammable/potential soil contamination) ix. Radiation sources brought in for radiography NDT (health hazard). b. In case of injury that requires medical attention; transport victim to the Occupational Medical Group, 1800 Westwind Drive, Ste. 301, Bakersfield (327-9617), then notify Bob McQueen. c. In case of serious injury, call ambulance and notify Bob McQueen. d. In case of fatal injury, call ambulance and police department and then notify Bob McQueen. e. In case of fire, try to contain and send help to call the fire department. Notify our neighbor to the west, Viking Freight Inc., 6100 District Blvd (661) 837-0995 if the fire is anywhere west of the KSFM main shop building. f. Fire extinguishers are located throughout the facility and in all company trucks and pickups. g. In case of gases, call the Safety Department. Barricade entranCe or affected area. h. In case of explosion, evacuate the facility; notify fire department and Bob McQueen. Barricade entrance or affected area. 3 i. If there is a fire, explosion or release of hazardous waste, the KSFM Emergency Coordinator will immediately determine its character, source, amount, real extent and hazardous impact from observations, facility records, manifests or chemical analysis. If a release could threaten human health or the environment outside of our facility, the Bakersfield Fire Department Hazardous Materials Division must be notified immediately. The state Office of Emergency Services must be notified as soon as possible. j. If evacuation is required: i. Use the paging system if it still functions to alert all staff. Fire bell and/or sprinkler activation will also serve as notice to evacuate the facility. ii. Relocate to the parking lot south of the entrance in an orderly fashion. Assemble by department and have supervisors do a head count. iii. If all possible paths to entrance gate are hazardous, cut chain link or build ad-hoc stile over fencing to evacuate. Make way back to :south parking lot as soon as all personnel are accounted for. Avoid canal to the east if it is flowing. iv. For earthquake, gas leak, fire or explosion, Shipping/Receiving department should turn off main power switch before evacuating and take wrench to close gas valve by the entrance gate. b. Emergency Phone Numbers: EMERGENCY SYSTEM from any Public Phone ............................................... 911 BAKERSFIELD CITY FIRE DEPARTMENT emergency line .............. , ....... 324-4542 Hazardous Materials Division .............................................................. 326-3911 OFFICE of EMERGENCY SERVICES (OES) .............................. 1 (800) 852-7550 BAKERSFIELD CITY POLICE DEPARTMENT ......................................... 327-7111 ItOSPITALS.. Kern Medical Center ........................................................................... 326-2000 Memorial Hospital ............................................................................... 327-1792 Mercy Hospital ................................................................................... 327-3371 San Joaquin Hospital ............................................................................ 327-1711 Halls Ambulance Service ....................................................................... 327-4111 CALIFORNIA POISON CONTROL SYSTEM .................................. 1-800-876-4766 IT ENVIRONMENTAL SPILL RESPONSE ..................................... 1-800-262-1900 PG&E TROUBLE ............................................................................... 327-2181 OFFICES OF THE DIVISION OF OCCUPATIONAL SAFETY & HEALTH (OSHA) .......................... i ....... 395-2718 4 Page 1 of I Waste Accumulation Log 12113/01 · I Waste Container Location Test Accum. Disposal Tmnporter Destination Facility Landfill Manifest N~ber D~cripfion Results Start Date Date , Waste motor oil 55 gal steel drum Curbed drum area n/a 11/20/01 No Tank bottom 55 gal steel drum Curbed drum area n/a 11/28/01 sediment Tank bottom 55 gal steel drum Curbed drum area n/a 11/28/01 sediment Tank bottom 55 gal steel drum Curbed drum area n/a 11/28/01 sediment Tank bottom 55 gal steel drum Curbed drum area -- n/~ 11/28/01 sediment Waste m°tor oil 55 gal steel drum Curbed drum area n/a 11/27/~)1 Waste motor oil 5 5 gal steel drum Curbed drum area n/a 11/27~01 Waste solubl~ 55 gal steel drum' Curbed drum area n/a 10/1'9/01 oil Fiberglass 55 gal steel drum Curbed drum area n/a 10/12/01 w/water n.o.s Waste paint 55 gal steel drum Curbed drum area n/a 11/10/01 Waste paint 55 gal steel drum Curbed drum area n/a 11/10/01 FABRICATION & MACHINE, INC. December 12, 200t Mr... Walter H. Porr, Jr. Deputy City Attorney City Attorney's Office City of Bakersfield: 1501 Truxtun Avenue Bakersfield, California 9.3301 RE: Order on Consent Agreement for Docket No.: 2001-05 Dear Mr. Porr: Attached, please find the penalty payment of $3,000.00 for the referenced Order on Consent Agreement. I want to assure you that the proper policies and procedures have been put in place to prevent this from happening again. If you have any questions, please feel free to call me at 661~-833-9000. Sincerely, Douglas A. Erickson Senior Vice President Ken Small Fabrication and Machine, Inc. CC Ed Caballero Mater File 6000 District Boulevard ' Bakersfield, CA 93313-2105 · (661) 833-9000 · FAX (661) 396-8561 KS FABRICATION & MACHINE, INC..Bakersfield,, 93384-0881 ~ ~. 5 3 ~ Date Invoice .GL Acct Gross plscounl; Net 12/12/01 2001-05 2100 $3,000.00 $0.00 $3,000.00 Check: 15330 Date: 12/12/01 Vendor: City of Bakersfield T01als: ; $3,000,00 $0,00 $3,000.00  ~s ~AB~cAr~oN~ ~C.~NE, ~C. ~ ~.~,..~.. 15 3 3: P.O. BOX 40881 4600 California Avenue BAKERSFIELD, CA 93384-0881 Bakersfield, CA 93309 (661) ~3-9000 FAX (661) 396-8561 . 15330 Three'Thousand Dollars and No Cents DATE AMOUNT PAY 1!2112/01 ******$3,000.00 TO THE ORDER City of Bakersfield Certified Unified Program Agcy 1501 Truxtun Avenue .... ~11 Bakersifeld, CA 93301 ,'OLS:l:iO,' t:i,i~;~;~:lSOL, 8,: O i] LO SO ?O ~,' STATE OF CALIFORNIA CITY OF BAKERSFIELD CERTIFIED UNIFIED PROGRAM AGENCY In the Matter of: ) Docket No.: 2001-05 ) KS FABRICATION & MACHINE, INC. ) ORDER ON CONSENT AGREEMENT a California corporation ) ) 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 (Cal/EPA) to' administer and enforce the Hazardous Substance Control Act in the City of Bakersfield, issues this Order on Consent Agreement (Order) to KS Fabrication & Machine, Inc., 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: 6000 District BOulevard, Baker'sfield~ California 93312~ ....... 1.3 Generator. The Respondent generated the following hazardous wastes: waste oil and mixed oil, a "listed" hazardous waste (California Waste Code Number 221) 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 California Code of Regulations, Title 22, Division 4.5, Chapter 12, Article 3 Pre-Transport Requirements (T22CCR §§66262.30 - 66262.35): Failure to properly mark and label two 55-gallon containers of waste and mixed oil, a repeat violation occurring within two years of the initial noted violation. 2.2 On February 2, 2000, a hazardous waste generator inspection was conducted at KS Fabrication where drums containing hazardous .waste were observed and noted as a violation on the inspection report as not being properly labeled. 2.3 On July 17, 2001, a re-inspection of the facility was conducted and two full, 55-gallon drums were subsequently observed in the hazardous Waste storage area as not being properly labeled. SCHEDULE FOR COMPLIANCE 3. Based on the forgoing DETERMINATION OF VIOLATIONS, IT IS HEREBY ORDERED AND AGREED TO THAT: 3.1 Respondent shall make all necessary arrangements to insure the proper management of hazardous wastes on site, including, but not limited to, the preparation of a written operating record, pursuant to the content requirements of Title 22 (CCR) Section 66265.73, within thirty (30) days from the effective date of this Order. Respondent shall submit to a re-inspection by the CUPA approval within one-hundred and eighty (180) days from the effective date of this order to insure the provisions of the hazardous waste regulations are being implemented. 2 3.2 Submittals. A copy of the written operating record 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 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 CUPAi 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 3 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 iafter 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 4 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 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 thatgood 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. 5 PENALTY 4. The CUPA assesses a penalty of $ 3,000. Payment of the total penalty of $ 3,000 is due within thirty (30) days from the effective date of the Order. Respondent's check shall be made payable to City of Bakersfield, Certified Unified Program Agency, and shall identify the Respondent and Docket Number, as shown in the heading of this case. Respondent shall deliver the penalty payment to: Mr. Walter H. Porr, Jr. ............................ Deputy Cib. z._Attorney .......... : ....... 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: November 20, 2001. Mr. R~~ Date Director of Prevention Services City of Bakersfield KS Fabrication and Machine, Inc. Date Typed or Printed Name of Respondent's Representative 6 cc: Mr. Walter H. Porr, Jr. Deputy City Attorney City Attorney's Office City of Bakersfield 1501 Truxtun Avenue Bakersfield, CA 93301 7 BAKERSFIELD FIRE DEPARTMENT MEMORANDUM "'DATE:~--- November 20, 2001 TO: Walter. H. Porr, Jr., Deputy City Attorney FROM: Ralph E. Huey, Director of Prevention Servic SUBJECT: Administrative Enforcement Orders Today, November 20, 2001, we have concluded the informal heating on the Administrative Enforcement Order for Golden Empire Transit District, as well as KS ~Fabrication and Machine Inc. Both parties have agreed to the terms included in the cOnsent agreements attached. The penalty for Golden Empire Transit will be $2, 937.00 of which $968.00 will go to the state. The penalty for KS Fabrication will be $3,000.00 of which $1,000.00 will go to the state. Walt, as outlined in the Penalty section of agreement, these checks will come to you. Please then forward same to me at your convenience. Thank you. REH/dm attachment · items 1,2, and 3. Aisc complete if Restricted Delivery is desired. so that we can return the card to you. Ct Si at e · Attach this card to the back of the mailpiece, [] Agent [] Addressee or on the front if space permits. D. Is delivery addres~fferent from item 17 [] Yes 1. Article Addressed to: If YES, enter deli~ry address below: [] No Kevin S. Small K~Fabrication & Machine Inc 5024 Airport Drive Bakersfield CA 93308 ~- 3. Service Type [] Certified Mail [] Express Mail [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes 2. Article Number (Copy from service label) 7J~O 1530 0006 3456 3164 PS I ~ 381 1, July -1999 Domestic Return Receipt 102595-00-M-0952 BAI~ERSFIF__LD F~RI~ DEPARTMENT OFFICE OF ENVIRONMENTAL SERVICES 17~ 5 Chester Avenue, S~i~e 300 Bakersfield. CA 93301 l .-; I1,1,,,,11,,,1t,11,,,,,,11,1,1,,,I,1,,,1111,,,,,,11,1,1,11,,,i _n Post~ge $ f'l'l Certified Fee 2 · ]. 0 Postmark  Return Receipt Fee ]. · 5 0 Here (Endorsement Required) ~ Restricted Delivery Fee r"l (Endorsement Required) ~m ~o~, ~, & m~ $ 3.94 Lrl l Sent To .................................................. m| 502~ A±rport Drive ? ~ ~'i~7,' ~i;~;;'~i~ ;' ~ ............................................................................ Certified Mail Provides: · A mailing receipt a A unique identifier for your mailpiece · A signature upon delivery · A record of delivery kept by the Postal 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 PROVtDED 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 complete and attach a Return Receipt (PS Form 3811) to the article and add applicable postage to cover the fee. Endorse maiipiece "Return Receipt Requested", To receive a fee waiver for a duplicate return receipt, a USPS postmark on your Certified Mail receipt is: · For an additional fee delivery may be restricted to the addressee or addressee's authorized agent. Advise the clerk or mark the ma p ace with the endorsement "Restricted Delivery". · If a postmark on the Certified Mail receipt is desired, please present the arti- cle at the p~j~,~t office for postmarkin~ if-e. pol~mark on the Certified Mail receipt is r~eded, detach and affix~label wit~ postage and mail. IMPORTANT~Re this receipt and present it when making an inquiry. .~o c,,,m 3800. May 2000 (Reverse) 102595-00-M-2064 November 20, 2001 FIRE CHIEF RON FRAZE ADMINISTRATIVE SERVICES 2101 "H" Street Mr. Kevin S. Small, Agent for Service Bakersf~o~a, CA 933O1 KS Fabrication & Machine, Inc. VOICE (661) 326-3941 FAX (661)395-1349 5024 Airport Drive Bakersfield, CA 93308 SUPPRESSION SERVICES 2101 'H" Street Bakersfield, CA 93301 RE: Order on Consent Agreement for Docket No: 2001-05 VOICE (661) 326-3941 FAX (661) 395-1349 Dear Mr, Small: PREVENTION SERVICES 1715 Chester Ave. Bakersfield, CA 93301 Enclosed, please find the Order on Consent Agreement for your signature. VOICE (661) 326-3951 FAX (661) 3264)576 You may make a copy for your own records and internal routing, as needed. However, please return the original with both our signatures to ENVIRONMENTAL SERVICES 1715 ChesterAve. mc for the official file. Bakersfield, CA 93301 VOICE (661) 326-3979 FAX (661)326-0576 Submittals of penalty and the copy of the hazardous waste Operating Record are to be sent under separate cover, but, not later than specified in TRAINING DIVISION 5642 Victor Ave. the agreement. Bakersfield, CA 93308 VOICE (661) 399-4697 FAX (661)399-5763 If you have any questions, please call me at 661-326-3979. Sincerely, Director of Prevention Services REH/dm enclosure: Order on Consent Agreement (original) STATE OF CALIFORNIA CITY OF BAKERSFIELD CERTIFIED UNIFIED PROGRAM AGENCY In the Matter of: ) Docket No.: 2001-05' KS FABRICATION & MACHINE, INC. ) ORDER ON CONSENT AGREEMENT a California corporation ) ) 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 KS Fabrication & Machine, Inc., 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: 6000 District Boulevard, Bakersfield, California 93312. 1.3 Generator. The Respondent generated the following hazardous wastes: waste oil and mixed oil, a "listed" hazardous waste (California Waste Code Number 221) 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 California Code of Regulations, Title 22, DiVision 4.5, Chapter 12, Article 3 Pre-Transport Requirements (T22CCR §§66262.30 - 66262.351): Failure to properly mark and label two 55-gallon containers of waste and mixed oil, a repeat violation occurring within two years of the initial noted violation. 2.2 On February 2, 2000, a hazardous waste generator inspection was conducted at KS Fabrication where drums containing hazardous waste were observed and noted as a violation on the inspection report as not being properly labeled. 2.3 On July 17, 2001, a re-inspection of the facility was conducted and two full, 55-gallon drums were subsequently observed in the hazardous waste storage area as not being properly labeled. SCHEDULE FOR COMPLIANCE 3. Based on theforgoing DETERMINATION OF VIOLATIONS, IT IS HEREBY ORDERED AND AGREED TO THAT: 3.1 Respondent shall make all necessary arrangements to insure the proper management of hazardous wastes on site, including, but not limited to, the preparation of a written operating record, pursuant to the content requirements,of Title 22 (CCR) Section 66265.73, within thirty (30) days from the effective date of this Order. Respondent shall submit to a re-inspection by the CUPA approval within one-hundred and eighty (180) days from the effective date of this order to insure the provisions of the hazardous waste regulations are being implemented. 2 3.2 Submittals. A copy of the written operating recordshall 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 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 complYwith the order or fails to protect public health or safety or the environment, the CUPA.may: a. Modify the document as deemed necessary and approve the document as modified, or b. Return the document to Respondent with recommended changes and a date by which Respondent with recommended changes and a date by which Respondent must submit to the CUPA a revised document incorporating the recommended changes. 3.5 Compliance with Applicable Laws. Respondent shall carry out this Order in compliance with all local, State, and federal requirements, including but not limited to requirements to obtain permits and to assure worker safety. 3.6 Endangerment durinq Implementation. In the .event that the CUPA determines that any circumstances or activity (whether or not pursued in compliance with 3 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. 3.9 Government Liabilities. The City of Bakersfield shall'not be liable for injuries 4 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 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. 5 PENALTY 4. The CUPA assesses a penalty of $3,000. Payment of the total penalty of $ 3,000 is due within thirty (30) days from the effective date of the Order. Respondent's check shall be made payable to City of Bakersfield, Certified Unified Program Agency, and shall identify the Respondent and Docket Number, as shown in ;the.heading of this case. Respondent shall deliver the penalty payment to: Mr. Walter H. Porr, Jr. Deputy City Attorney 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: November 20, 2001. M Date Director of Prevention Services City of Bakersfield KS Fabrication and Machine, Inc. Date Typed or Printed Name of Respondent's Representative 6 cc: Mr. Walter H. Porr, Jr. Deputy City Attorney City Attorney's Office City of Bakersfield - 1501 Truxtun Avenue Bakersfield, CA-93301 7 ~~/~/,~Sign ture [] A~gent/ or on the front if space permits. ~'~~''/~ ~r'''/'-'~l D Addressee D.'" fS~yd;~tae~;~ed~'ffea~drtes~s~;tl;~:l? ~ ~s 1. J~u'tJcle Addressed to: · Kevin S Small (Agent for Serv'~cE KS Fabrication & Machine Inc 5024 Airport Drive Bakersfield CA 93308 3. Se~iceType ~ Ge~ified Mail [] E×pmss Mai~ [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. · -~" ~Z 4. Restricted Delivery? (Extra Fee) [] Yes 2. Arti_cle~Nu. qmb. er..(C^o, py f..ro..rn~s, erv~e, I_ab. el) --~tou ~u uuu~ .~u 3072 PS F~ 3811, July 1999 Domestic Return Receipt 102595-00-M-0952 OFFICE OF ENVIRONMENTAL SERVICES 1715 Ch~,~ter Avenue, Suite 300 Ds~,~fie~,d, CA 93301 ~ Postage $ .34 I'rl Certified Fee 2 Postmark ~ Return Receipt Fee 1 · 5 0 Here (Endorsement Requirecr/ Restricted Delivery Fee (Endorsement Required) r-1 Total Postage & Fees m ~[Se[~T~ziD S , ~;=~ ~ ;-,..~-:-~;-~-~;;-~- .......................................................... cnL'""~""'"'-------~'ouzq Airport urive Certified Mail Provides: · A mailing receipt · A unique identifier for your maiipiece · A signature upon delivery · A record of delivery kept by the Postal 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 complete and attach a Return Rec6ipt (PS Form 3811) to the article and add applicable postage to cover the fee. Endorse mailpiece "Return Receipt Requested". To receive a fee waiver for a duplicate return receipt, a USPS postmark on your Certified Mail receipt is req'uired. · For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent. Advise the clerk or mark the mailpiece with the endorsement "Restricted Delivery". I~ If a postmark on the Certified Mail receipt is desired, please present the arti- cle at t~ost office for postmarkin{~'-~ff 'a postmark on the Certified Mail receiptt needed, detach and affix label with postage and mail. IMPORT/~. Save this receipt and present it when making an inquiry. PS Form 3800, May 2000 (Reverse) 102595-00-M-2004 D. -- ~ DOUGLAS A. ERICKSON FII E Vice President Operations ' CORPORATE OFFICE r [ 5024Airport Drive Phone (661) 391-2154 ~ Bakersfield, CA 93~308 Cell (661) 619-3257 ~ Phone (661) 3934678 Fax (661) 39;~-065-1' Fax (661) 393-6650 L. ' email:derickson(~kensmall.com November 7, 2001 Agent for Service of Process: F,RE C"IEF Kevin S. Small RON FRAZE 5024 Airport Drive ADMINISTRATIVE SERVICES Bakersfield, CA 93308 2101 'H' Street Bakersfield. CA 93301 VOICE (66t)326-3941 KS FABRICATION & MACHINE, INC., DOCKET NO.: 2001-05 FAX (661) 395-1349 SUPPRESSION SERVICES 2101 "H" Street Bakersfield, CA 93301 TO whom it mayconcern: voice (661) 326-3941 FAX (661) 395-1349 Enclosed please find an Enforcement.Order and related documents PREVENTION SERVICES concerning violations of Chapter 6.5 of Division 20 of the California Health 1715 ChosterAve. and Safety Code. This Enforcement Order pertains to the unlabeled Bakersfield, CA 93301 VOICE (661) 326-3951 hazardous waste drums in the hazardous waste storage area (a repeat FAX (661) 326-0576 violation within a three year period) and does not preclude this Office fi.om ENVIRO.MENTAL SERVICES taking additional enforcement and compliance action. 1715 Chester Ave. Bakersfield, CA 93301 VOICE (661) 326-3979 , As indicated in the enclosures, you have a tight to a heating. Whether or not FAX (661) 326-0576 you choose to pursue aa appeal, you are encouraged to explore the possibility VR^ININe OIVISION of settlement by contacting me at 1715 Chester Avenue, Suite 300, 5642 VictorAve. Bakersfield, CA 93301, telephone (661) 326-3979.: Bakersfield, CA 93308 VOICE (661) 399-4697 FAX (061) 399-5763 Sincerely,., Director of Prevention Services Enclosures . Certified Mail No.:q0C~ 16~O ooo~ 5qr2t :5ff/2- STATE OF CALIFORNIA CITY OF BAKERSFIELD CERTIFIED UNIFIED PROGRAM AGENCY In the Matter of: ) Docket No.: 2001-05 ) KS FABRICATION & MACHINE, INC. ) STATEMENT TO RESPONDENT a California Corporation ) ) 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 oM 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 automaticallyl 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 )rovided 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, November 20, 2001 Time: 1:30 PM 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 headng, 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:\NOV 200 l~StatementToRespondent(KS ).wpd 3 STATE Of CALIFORNIA CITY OF BAKERSFIELD CERTIFIED UNIFIED PROGRAM AGENCY In the Matter of: ) Docket No.: 2001-05 ) KS FABRICATION & MACHINE, INC. ) ENFORCEMENT ORDER a California corporation ) ) 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 KS Fabrication & Machine, Inc., 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: 6000 District Boulevard, Bakersfield, California 93312. 1.3 Generator. The Respondent generated the following hazardous wastes: waste oil and mixed oil, a "listed" hazardous waste (California Waste Code Number 221) 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 California Code of Regulations, Title 22, Division 4.5, Chapter 12, Article 3 Pre-Transport Requirements (T22CCR §§66262.30 - 66262.35): Failure to properly mark and label two 55-gallon containers of waste, and mixed oil, a ~epeat violation occurring within two years of the initial noted violation. 2.2 On February 2, 2000, a hazardous waste generator inspection was conducted at KS Fabrication where drums containing hazardous~waste were observed and noted as a violation on the inspection report as not being properly labeled. 2.3 On July 17, 2001, a re-inspection of the facility was conducted and two full, 55-gallon drums weresubsequently observed in the hazardous Waste storage area as not being properly labeled. SCHEDULE FOR COMPLIANCE 3. Based on the forgoing DETERMINATION OF VIOLATIONS, IT IS HEREBY ORDERED .AND AGREED TO THAT: 3.1 Respondent shall make all necessary arrangements to insure the proper management of hazardous wastes on site, including, but not limited to, the preparation of a written operating record, pursuant to the content requirements of Title 22 (CCR) Section 66265.73, within thirty (30) days from the effective date of this Order. Respondent shall Submit to a re-inspection by the CUPA approval within one-hundred and eighty (180) days 2 from the effective date of this order to insure the provisions 'of the hazardous waste regulations are being implemented. 3.2 Submittals. A copy of the written operating record 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 i . 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 CUPAimayl 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. 3 ~ 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 orto the environment, the CUPA may order Respondent to stop further implementation of this Order for suchperiod 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 t° 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 4 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 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 5 provisions of law. 3.15 Parties Bound. This Order shall apply to and be I~inding upon Respondent, and its officers, directors and agents, including but not limited to, individuals, and upon the CUPA and any successor agency that may have responsibility for and jurisdiction over the subject matter of this order. PENALTY 4. The CUPA assesses a penalty of $ 3,000. Payment of the total penalty of $ 3,000 is due within thirty (30) days from the effective date of ~the Order. Respondent's check shall be made payable to City of Bakersfield, Certified Unified Program Agency, and shall identify the Respondent and Docket Number, as shoWn in the heading of this case. Respondent shall deliver the penalty payment to: Mr. Walter H. Porr, Jr. Deputy City Attorney 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 calenda'r days. 6 Date of Issuance: NoVember 7, 2001. Mr. Ralph Huey Date Director of Prevention Services City of Bakersfield. KS Fabrication and Machine, 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:~SEPT 200 l\EnforcementOrder(KSFab).wpd STATE OF CALIFORNIA CITY OF BAKERSFIELD CERTIFIED UNIFIED PROGRAM AGENCY In the Matter of: ) Docket No.: 2001-05 ) KS FABRICATION & MACHINE, INC. ) NOTICE OF DEFENSE a California corporation ) ) Health and Safety Code Section 25187(d) ) ) Respondent. ) ,) I, the undersigned Respondent, acknowledge receiPt of al'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:~IOV 200 l\NotlceofDefense(K$ ).wpd STATE OF CALIFORNIA CITY OF BAKERSFIELD CERTIFIED UNIFIED PROGRAM AGENCY ;, In the Matter of: · ) Docket No.: 200:1-05 ) KS FABRICATION & MACHINE, INC. ) NOTICE OF DEFENSE a California corporation ) ) 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 Pdnt the Name and Mailing Address of Respondent (Name) (Street Address) (City) (State) (Zip) (Telephone Number) $:~lOV 200 l~NoliceofDefen~e(K8 ).wl=d CODE Section 11507.5. Farclustvtt¥ of dtscove~ provisions The provisions of Section 11507.6 provide the exclusive right to and method of discovery as to any proceeding governed by this chapter. Section 11507.$. Request for dtscover~ After initiation of a proceeding in which a respondent or other party is entitled to a hearing on the merits, a par~¥, upon ~ritten request~ made to another party, prior to the hear£ng 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 administr&tive 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) Ail writings, including, but not limited to, reports of mental, physical and blood examinations and things which =he party then proposes to offer in evidence; (e) Any other writing or thing which is relevant and which would be admissible in evidence; (f) Investigative reports made by or on behalf of the agency or ot~er 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 contain or include by attachment any statement or writing described in (a) to (e), inclusive, or s-mmary 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 s-mmaries of such oral statements, Nothing in thls section shall authorize ~the inspection or copying of any writing or thing which is pri~ileged 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 conduct 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 hearingwill 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 w~th 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 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 petition may be filed within 15 days of the date set ~or 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 ~he 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 th6 court 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 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 82,fl,.t t 7 ¢f/9.~) is 'entitled to'discover under Section 11507.6. A copy of the order shall for~hwith be served by mail by the clerk upon the parties. Where the order grants the petition in whole or in part, such order shall not become effective until 10 days after the date the order is served by ~he clerk. Where the order denies relief to the petitioning party, the order shall be effective on ~/le 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 ~hereof, may within 15 days after the service of the superior court's order serve and file in the district court of appeal for the district in which the superior court is located, a petition for a writ of mandamus to compel the superior court to set aside or otherwise modify its order. Where Such review is sought from an order granting discovery, the order of the ~rial court: and the adminis~rative proceeding shall be stayed upon the filing of the petition for writ of mandamus, provided, · however, the courior appeal may dissolve or modify the stay thereafter if it is inthe public interest todo so. Where such review is sought from a denial of discovery, neither the trial courtts order nor the administrative proceeding shall be stayed by the court of appeal except upon a clear showing of probable error. (i) Where the superior court finds thatla 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 par~y. 'Nothing in this subdivision Shall limit the power of the superior court to compel obedience to its orders by contempt proceedings.  PROOF OF SERVICE ADMINISTRATIVE ENFORCEMENT ORDERS CITY OF BAKERSFIELD OFFICE OF ENVIRONMENTAL SERVICES I715 Chester Av. Ste. 300 Bakersfield, CA 93301 '~'"'" ~ ~' ~'" (661) 326-3979 1. I served the ~. Enforcement Order a. Statement to Respondent 2 Blank Notice of Defense Forms Other (specify): (_~"r CoDF__. ~f; ttg'O"7,5-~ tt..q"OT,G ~, tLCo?.7 b. On Respondent (Name): Docket No.: c. By serving: ~1. Respondent ~Rl'. Other (Name and Title or relationship to Respondent): 2. a. ~ By personally delivering copies to (address): at (time):. on (date): b. . ~ By mailing copies by first-class certified mail,, Certified Mail Receipt No.:q00b 1630 0tlo¢ 3q6c,, ~rlZ. return receipt requested, in a sealed envelope addressed to: 3. My name, business address, and telephone num~ .~.. Bakersfield Fire iDepartment Office of Environmental Services 1715 Chester Avenue, Suite 300 Bakersfield, CA :93301 (661) 326-3979 I declare under penalty of pe.rjury that the forgoing is true and correct and that this declaration is on (date) ~ ~/'~/~t at (place) Bakersfield, executed California. S:Xi~IqFORCMIq'r FORMS~Proofof Service Form. wpd (Signature) BAKERSFIELD FIRE DEPARTMENT OFFICE OF ENVIRONMENTAL SERVICES PRELIMINARY INVESTIGATION REPORT Prepared by: Howard H. Wines, III Hazardous Materials Specialist / Registered Geologist No. 7239 File Name: S:\JULY 2001~KS Fab &Mach Prelim Inv. Rpt.wpd Report Date: October 30, 2001 Incident: Hazardous Waste Generator Inspection Location: 6000 District Blvd. Doing business as: KS Fabrication & Machine Incident Date: July 17, 2001 Violation(s): Section 66262.34(0 of Title 22, California Code of Regulations. Failure to properly label hazardous waste containers. (Repeat violation from prior hazardous waste generator inspection of February 2, 2000). Statute: Section 25187.8(g) California Health and Safety Code. Failure to correct prior minor violations. Penalty: $3000 Suspect - 1: Terry Hopkins, Manager KS Fabrication & Machine Narrative: On February 2, 2000, a hazardous waste generator inspection was conducted at the site. Several violations were noted at the time, including the violation for having unlabeled hazardous waste drums on site. On July 17, 2001, a hazardous waste generator:inspection was again conducted at the site. The previous violations noted had been corrected, with the exception of two unlabeled hazardous.waste drums in the hazardous waste storage area, (a repeat violation within a three year period). Administrative Enforcement Action - (KS Fabrication & Machine) Preliminary Investigation Report Page 2 Penalty Calculation Pursuant to Title 22 of the California Code of Regulations Actual or Potential Harm: Waste used petroleum oil is considered:a "Minimal" actual or potential harm. (66272.63(b)(2)(B)) Extent of Deviation: Improper labeling is considered a "Moderate" violation upon reoccurrence. The violation is a repeat of the same prior violation within the last three years. (66272.63 (c)(2)(A)) Initial Base Penalty: $ 4,000 (66272.63(d)) Additional Penalties: N/A. One-time incident. One day of violation. (66272.63(e)) Intent (before the fact): N/A. There is continued negligence causing the violation. (66272.64(a)) Total Base Penalty: $ 4,000 Adjustment Factors: (66272.64(b)) Cooperation and Effort: Multiplier (0.75 to 1.0) (66272.65(a)) $ 3,000 Excellent cooperation (0.75) Prophylactic iEffect: Multiplier (0.5 to 2.0) Neutral effect. Penalty should be set sufficient to discourage improper hazardous waste managementipractices from continuing. (Neutral Effect = 1) $ 3,000 Economic Benefit: Avoided proper hazardous waste management practices. Responsible party shall be required to properly manage and dispose of the hazardous waste, including container labeling, waste storage area weekly inspection logs, and disposal documentation. Ability to Pay: N/A. [Suspects] are solvent. (N/A) Final Adjusted Penalty: $ 3,000 ZALCO I BORATORIES, INI Analytical & Consulting Services 4309 Armour Avenue (661) 395-0539 Bakersfield, California 93308 FAX (661) 395-3069 K.S. Fabrication Laboratory No: 0108335-1 6000 District Blvd Date Received: 08/24/01 Bakersfield, CA 93313 Date Reported: 08/31/01 Contract No. : Attention: Chris Blake Date~Sampled : 08/24/01 TimelSampled Sample Type: CAM Solid Description: High Solids ICI Sampled by Client CAM - Title 22, Chapter 30 Article II Total Concentration Constituents (TC) Units TTLC DLR Method/Ref Total Concentration Antimony, Sb < 10 mg/kg 1500 10 6010A /1 Arsenic, As < 1.0 mg/kg :500 1.0 6010A /1 Barium, Ba 460 mg/kg 10]000 5.0 6010A /1 Beryllium, Be < 0.5 mg/kg 75 0.5 6010A /1 Cadmium, Cd < 0.5 mg/kg 100 0.5 6010A /1 Chromium, Cr < 2.5 mg/kg 2!500 2.5 6010A /1 Cobalt, Co 79 mg/kg 8000 5.0 6010A /1 Copper, Cu < 2 5 mg/kg 2500 2.5 6010A /1 Lead, Pb < 2 5 mg/kg 1000 2.5 6010A /1 Mercury, Hg < 0 10 mg/kg 20 0.10 7471A /1 Molybdenum, Mo < 5 0 mg/kg 3500 5.0 6010A /1 Nickel, Ni < 2 5 mg/kg 2000 2.5 6010A /1 Selenium, Se < 2 5 mg/kg ~100 2.5 6010A /1 Silver, Ag < 1.0 mg/kg 500 1.0 6010A /1 Thallium, T1 < 25 mg/kg 700 · 25 6010A /1 Vanadium, V < 5.0 mg/kg 2400 5.0 6010A /1 Zinc, Zn 570 mg/kg 5000 2.5 6010A /1 Method Re ferel%ce / 1. EPA SW-846, 1994 3rd Edition DLR : Detection Limit for Reporting TTLC : Total Threshold Limit Concentration, mg/kg STLC : Soluble Threshold Limit Concentration, mg/1 in extract WET : Waste Extraction Test ; pH 5.0 Solution, 0.2 M Citrate ND : None Detected ; Deionized Water for Chromium VI This report is furnished for the exclusive use of our Customer and applies only to the samples tested. Zalco is not responsible for report alteration or detachment. D July 23, 2001 Mr. Mark Horotn, Assistant Manager KS Fabrication & Machine, Inc. 6000 District Blvd. Bakersfield, Ca 93313-2105 FIRE CHIEF NOTICE TO COMPLY RON FRAZE .... ADMINISTR~AYIVE S_EaV'_C_ES_ ......... RE: P_~.ain~t Slu~gg__R~esid.ue from Disti-Kleen Solvent Recycler 2101 "H" Street Bakersfield, CA 93301 VOICE (661) 326-3941 Dear Mr. Horton: FAX (661) 395-1349 SUPPRESSION SERVICES It has recently come to the attention of the Office of Environmental 2101 ~H" Street Services that a Califomia listed waste is being handled at the above referenced Bakersfield, CA 93301 VOICE (661) 326-3941 site. "Handle," as is defined in the Calitbmia Health and Safety Code, Sections FAX (661) 395-1349 25501 (1) and 25501.3, means to use, generate, Process, produce, package, treat, PREVENTION SERVICES store, emit, discharge, or dispose of this materi~l in any fashion. 1715 'Chester Ave. Bakersfield, CA 93301 · VOICE (661) 326-3951 The waste being handled at the site has been ideritified as a paint sludge FAX (661)326-0576 (California Hazardous Waste Code 461), and if'.meets certain criteria, is regulated ENVIRONMENTAL SERVICES as a "hazardous waste" in California. Section 66262.11 of Title 22 of the 1715 ChesterAve. California Code of Regulations requires that any person handling such a waste Bakersfield, CA 93301 , vOiCE (66~)326-3979 shall determine if it is hazardous according to either its concentrations, FAX (661)326-0576 characteristics, or categorical listings within th6 Title 22 regulations. TRAINING DIVISION 5642 VictorAve. Therefore, prior to August 30, 2001, You shall submit to this office the Bakersfield, CA 93308 VOICE (661)399-4697 results of a CAM 1 7 metals analysis pcrformcdiby a State licensed laboratory on FAX (661)399-5763 the waste paint sludge produced by the solvent recycling system after a ..... representative sample has been obtained 'by a qCalified person or representatix~e of the testing laboratory, under a valid chain-of-custody, for the purpose of determining if the material on site is a hazardous waste. If you have any questions regarding this notice, please call me at 326- 3979. Sincerely, Howard H. Wines, III Hazardous Materials Specialist Registered Geologist No. 7239 Office of Environmental Services HHW/dlm D July 23,2001 Mr. Mark Horotn, Assistant Manager KS Fabrication & Machine, Inc. 6000 District Blvd. Bakersfield, Ca 93313-2105 e.,t NOTICE TO COMPLY RON FRAZE AOMINISTaA'nYF SERVICES RE: Paint Sludge Residue from Disti-Kleen Solvent Recycler 2101 'H' Street Bakersfield, CA 93301 VOICE (681) 326-3941 Dcm' Mr. Horton: FAX (681) 395-1349 SUPPRESSION SERVICES It has recently come to the attention of the Office of Environmental 21Ol 'n' Stroet Services that a California listed waste is being handled at the above referenced Bakersfield, CA 9,3,301 VOICE (661) 326-3941 site. "Handle,'' as is defined in the California Health and Safety Code, Sections FAX (68~)a~s-la49 25501(1) and 25501.3, means to use, generate, process, produce, package, treat, ,REVE~ON SERVICES store, emit, discharge, or dispose of this material in any fashion. 17 ! 5 Chester Ave. Bakemfleld, CA 93301 VOICE (681) 326-~51 The waste being handled at the site has ,been identified as a paint sludge FAX (681)326-0576 (California Hazardous Waste Code 461), and if meets certain criteria, is regulated ENVIRONMENTAL SERVICES as a "hazardous waste" in California. Section 66262.11 of Title 22 of the 1715 ChesterAve. California Code of Regulations requires that any person handling such a waste Bakersfield. CA 93301 VOICE (681)326-3979 shall determine if it is hazardous according to either its concentrations, FAX (661) 326-0576 characteristics, or categorical listings within the Title 22 regulations. TRAINING DIVISION 5642 VlctorAve. Therefore, prior to August 30, 2001, you shall submit to this office the Bakersfield. CA 93308 VOICE (661)3994697 results of a CAM 17 metals analysis performed by a State licensed laboratory on FAX (681) 399-5763 the waste paint sludge produced by the solvent !recycling system after a representative sample has been obtained by a qualified person or representative of the testing laboratory, under a valid chain-of-custody, for the purpose of determining if the material on site is a hazardous waste. If you have any questions regarding this notice, please call me at 326- 3979. Sincerely, Howard H. Wines, III Hazardous Materials Specialist Registered Geologist No. 7239 Office of Environmental Services HHW/dlm Secretary of State's Office - C~oration Search Results Page 1 of 1 BUSINESS SERVICE CENTER ~l~ Disclaimer: The information displayed here is current as of "0711412001" and is u weekly. It is not a complete or certified record of the Corporation. FAQS Search Tips Corporation Field Definitions K S FABRICATION & MACHINE, INC. Status Definitions Co__rporations Number: C2103326 Date Filed: 3/2/1999 I Status: active Corporate Records I Jurisdiction: California Corporate Records Order I Form Certificates I Mailing Address Copies Status Printouts i024 AIRPORT DRIVE New Search BAKERSFIELD, CA 93308 Agent for Service of Process KEVIN S SMALL 15024 AIRPORT DRIVE BAKERSFIELD, CA 93308 New Search · For information about certification of corporate records or for additional corpora information, please refer to Corporate Records. · Blank fields indicate the information is not contained in the computer file. · If the status of the corporation is "Surrender"i the agent for service of process is automatically revoked. Please refer to California Corporations Code Section 21 information relating to service upon corporations that have surrendered. Copyright ~2000 California SecretarY of State. Pdvacy Statement http://kepler.ss.ca.gov/corpdata/ShowAllList?QueryCorpNumber=C2103326 7/20/01 07/20/2001 03:20 FAX 916 255 3595 CS DTSC ~001 TOXIC SLrBSTANCES CONTROL 8800 Cai Center Drive Sacramento, California 95826-3200 (916) 255-3545 TELECOPIER MESSAGE DATE: pLEASE DELIVER ASAP SPECIAL INSTRUCTIONS' NUMBER OF PAGES INCLUDING COVER SHEET: 07/20/2001 03:20 FAX 916 255 3595 CS DTSC l~1002 Fact Sheet tl .5 Hazardous waste treatment is exempt from tiered permitting requirements when the material or waste is recycled according to° the requirements below. These materials must be recycled onsite by being used, reused, or reclaimed, for the onsite exemption. Recycled --- A material is recycled if it is "used or reused", or reclaimed. Recycling means using all of the wastestream. Current 'DTSC policy allows a "significant" portion of water that is reclaimed from hazardous waste to qualify as being recycled. To determine whether Used or Reused --- A material is used or reused if it is ~egmmaterecyc,ng,~,ereither employed as: ~han sham recking, is taking place, conslder~h~ Iollowingguklelinos: ' an ingredient in a process to make a product, or · a substitute for a commercial product and is not · If the material Is only margin~lyeffect~¥efor reclaimed in the process. the claimed use it's less ,k.~yrew~.,ng. Example: waste solvents from spray painting are reused ·If the material is similar for paint brush cleaning. Another onsite recycling example to an analogous raw is boiler cleaning material used as a: hydrogen sulfide mamrlal or product more r~alyrecycling, scrubber. · If the material adds significantvalue to the Reclaimed ... A material is reclaimed (something is taken fina!pr*:luctirsmom out)if it is processed to recover a useable material, or if it ,ke~wcyc,.g. is regenerated (revived or renewed to be useful). · ,,,.,eeo,cl,, Reclaiming means isolating individual components and mate rial has economic . val,,eoomp~raUetothe using all of the isolated components. raw materials normally used it ismom likely Example: Gold and silver reclaimed from computer chips recycling. (reclaimed) or photo fixer that is reused by the addition of - If there is a market for the endproduct,itis new fixer to old fixer (regenerated). more,k~y,ecyc,ng. 7~If a generator uses the onsite recycling exemption allowing · If the economics of .s~n, themateri~,~.U,e treatment without a permit, the following conditions must be process make selase, it Illet: ~ is more likely recycling_ · Material must be recycled and reused at the same facility at -,~* Any business that which the material was generatedl within applicable claimsthisexemption generator accumulation times (see F.S. 5.2). and treats more than 100 ' kg per month must file a . 7~- The material must be managed in;accordance with all Biennial Rcportudth applicable requirements for generators of hazardous wastes. local el'Seer or agency authorized to enl:orce * 7~ A report on recycling activities must be sent every two years this regulation, per 22 CCR 24143.10. The next report is due bn or before July 1, 2000. For format see UPCF reporting pages. California Compliance School Student Workbook ~ DISC, 1999 .- Module v, Part 11 ~-19 07/~0/01 10:18 ~661 396 8561 KS FAB & ~ACHINE ~001 QFABRICATION & MACHINE, INC. F~ NUMBER 5 Z~ - 05 ~ G ,PAGES_, (Including ~i~ Cover Sheet) ICOMMENTS CONFIDENTIALITY NOTICE This facsimile lransmlsslon is intended only for the use of the individual named above. If you are not the intended recipient, you are Ilereby notified that taking of any action to the contents of the information is stric[ly prohibited. If you have received this transmission in error, please notify us immediately by telephone, 6000 District Bottle,,arE " Bak¢csjT~lt~, C.4 9331.~-2105 ' (661) 833-9000 ' E4..¥ (661) 396-8561 07/20/01 10:19 8661 396 8561 KS FAB & MACHINE.,~' ~]002 7. Tr~0~purtor 2 C~bd~y FI~'' ;~ .... :..,, ID Number ' ,7: "";'~" .~,'. ...... .' j, ~;' '"!"~,~ ,,'; :.'7,: :.' .'. ,-": ' ,. '. ': .' ............. "..'. ' ...... ' '?. '. :i~',, ." ".,", '. ...... 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CITY OF BAKERSFIELD FIRE DEPARTMENT OFFICE OF ENVIRONMENTAL SERVICES UNIFIED PROGRAM INSPECTION CHECKLIST 1715 Chester Ave., 3rd Floor, Bakersfield, CA 93301 FACILITY NAME }~ g ~')x~ ~, t,c~q, INSPECTION DATE '~/t '1 fro/ Section 2: Underground Storage Tanks Program [] Routine ~'Combined [] Joint Agency [] Multi-Agency [] Complaint [] Re-inspection Type of Tank Number of Tanks ,-' Type of Monitoring Type of Piping OPERATION C V ~.-~C-~I~I MENTS Proper tank data on file Proper owner/operator data on file Permit tees current Certification of Financial Responsib~ Monitoring record adequ.~~current Maintenance re~dequate and current Failur~6~orrect prior UST violations -H'~as there been an unauthorized release? Yes No Section 3: Aboveground Storage Tanks Program TANK SIZE(S). AGGREGATE CAPACITY' Type of Tank Number of Tanks OPERATION Y N COMMENTS SPCC available SPCC on file with OES Adequate secondary protection Proper tank placarding/labeling Is tank used to dispense MVF? If yes, Does tank have overfill/overspill protection? C=Compliance V=Violation Y=Yes N=NO Inspector: (.,~' r Office of Environmental Services (805) 326-3979 Responsible Party White-Env. Svcs. Pink - Business Copy 7'"""~ /~l~'. , CITY OF BAKERSFIELD FIRE DEPARTMENT OFFICE OF ENVIRONMENTAL SERVICES UNIFIED PROGRAM INSPECTION CHECKLIST 1715 Chester Ave., 3rd Floor, Bakersfield, CA 93301 FACILITY NAME 4::~ ('AI~,c_J~ Section 4: Hazardous Waste Generator Program EPA ID # [] Routine J~ Combined [] Joint Agency [] Multi-Agency I[] Complaint [] Re-inspection OPERATION C V COMMENTS Hazardous waste determination has been made EPA ID Number (Phone: 916-324-1781 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 Containers in good condition and not leaking Containers are compatible with the hazardous waste Containers are kepi 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: ~J )' ~/~ Office of Environmental'Services (661) 326-3979 Business Site Responsible Party CITY OF BAKERSFIELD FIRE DEPARTMENT OFFICE OF ENVIRONMENTAL SERVICES UNIFIED PROGRAM INSPECTION CHECKLIST 1715 Chester Ave., 3~a Floor, Bakerstield, CA 93301 Section 4: Hazardous Waste Generator Program EPA ID # [] Routine [] Combined [] Joint Agency [] Multi-Agency ~Complaint [] Re-inspection OPERATION C V COMMENTS Hazardous waste determination has been made EPA ID Numbcr (Phone: 916-324-1781 to obtain EPA ID #) t,/("~O ~ Authorized lb,' waste treatment and/or storage ~ ~'~O ~-~ ~ ~~ Reported release, fire, or explosion within 15 days of occurance Established or maintains a contingency plan and training Hazardous waste accumulation time fi'ames ~ ~0 ~~¢~0~ ~ Containers in good condition and not leaking Containers are compatible with the hazardous waste Containers are kept closed xvhen not in use ~' ~ ~p D~O~5 Weekly inspection of storage area Ignitable/reactive waste located at least 50 tket t?om property line ~/~~ ~/~ ~ ~ Seconda~ containment provided ~' ~O ~D~ ~~,~ 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 manitbst Sends manitbst copies to DTSC Retains manit~sts tbr 3 years ~ ~ M~~ Retains hazardous xvaste analysis for 3 years Retains copies of used oil receipts tbr 3 years Determines if waste is; restricted fi'om land disposal C=Compliance V=Violation ~ luspector: ~l~ ~~~r Office of Environmental Services (805) 326-3979 ~ines~ Sit~O~nsible Party White - Env. Svcs. Pink - Business Copy B A K E R 5 F [ E L~ Haz Mat Emerg Spill Report Complaint Environmental Service s ~-~ ~-~ Haz Mat Incident / Spill Report / Complaint Follow Up Date ~ /cS)e_) Time Reporting Party ~gf~ ! ~J~3-~ Environmental Services Contact Address '~,~ ~-~ Telephone No. Description of the incident ( Chemical name and Quantity ) Responding to Incident Observations ~ Special Conditions and / or health risks Haz Mat Team Dispatched Y N Van Cellular No. 332-7865 OES Number Required Y N Number Poss Exposure Victims Medical Attention Required or Obtained Probable Itazardous Waste Clean Up Discussion and Oisposition BAKERSFIELD FIRE DEPARTMENT ENVIRONMENTAl, SERVICES 1715 Chester Ave. · Bakersfield, CA :93301 Business Phone (661) 326-3979 · FAX (66!) 326-0576 " FAX Transmittal FROM: COMMENTS: oz/o4/o0 ii:az ~'661 3z6 0576 ~o HAZ aAT ~IV~~t%t'~c. ~6~00Z *** ACTIVITY REPORT *** ~~ ~~: TRANS~I SSION OK TX/RX NO. 4751 CONNECTION TEL 3968561 CONNECTION ID KS FAB & MACHINE START TIME 02/04 11:50 USAGE TIME 02'46 PAGES 4 RESULT OK BAKERSFIELD FIRE DEPARTMENT ENVIRONMENTAL SERVICES 1715 Chester Ave. * Bakersfield, CA 93301 Business Phone (661) 326-3979 · FAX {661) 326-0576 FAX Transmittal COMPANY: ,,~ FAX No. '~o. ~o~: ~ ~',,~ COMMENTS: 02/07/00 10:57 '~661 326 0576 BFD HAZ MAT DIV ~001 *** ACTIVITY REPORT *** TRANSMISSION OK TX/RX NO. 4832 CONNECTION TEL 3968561 CONNECTION ID KS FAB & MACflINE START TIME 02)07 10:54 USAGE TIME 02'47 PAGES 5 RESULT OK 'BAKERSFIELD FIRE DEPARTMENT I~NVIRONMi~NTAI, 81~RVlCI~8 1715 Chester Ave. · Bakersfield, CA 93:301 Business Phone (661) 326-3979 * FAX (661) 326-0576 FAX Transmittal TO: //~/1 ~ COMPANY: //~'--,d ~,,,.~/~ u_. FAX No. '~ . ~5'-6 ! FROM: FEB-Et1-2000 07:54 CCS 04 P. scHOOL In Partnership with Department of Toxic Substance Control Hazardous Waste Trainin Classes Coming to Kern County, atthe The Holiday Inn Select In Bakersfield February 15, 16, 17, 2000 Call or Fax us soon in order to receive the registraticm forms so tt~ we .may reserve your scat for Compliance School Telephone 1.800-337-1422 Fax 1.661-395-4584 Seating is limited so please reply soon! TOTRL P.01 02/03/00 09:13 8661 326 0576 BFD HAZ MAT DIV ~001 ACTIVITY REPORT TRANSMISSION OK TX/RX NO. 4735 CONNECTION TEL 3968561 CONNECTION ID KS FAB & MACHINE START TIME 02/03 09:12 USAGE TIME 00'47 PAGES 2 RESULT OK