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~',, ." ".,", '. ...... ". ....'..' .... , . :.':",~ :. .." '." "." "( .'...... ,~-.,~,[ '.i.':'
~: ~.., ~. rao~,~' ~, '~c:' .(,~e.~.);:~S~,~,:,;::" ,:, .'::r, ' ,:":?'.'"",," '". "'.. ' :'"'. "': :;;"
,, , ~:-', · ' . ,'v ',' ~' '. '." '.., , ,' . ' · .,~,.,~ · ' '.~' "~;~'
., '~Y ' , , ," ' · ~ ........... -, "..' ........... ;J '
16. GENE~TOR'S CERT F CATION' hereby dec a,c fie~ the ~O~tdh't~ ~t. ~ i~'co'r~i~mi,~,',l u,~ [ull~,~d~'~ ~lelr de,cribe~'bb~ve by prop;r.,hipp~ng ~m'e o~ ore classified pocked
II I ~ m I~r~e q,.,~nl~ 0~n.rOSOe, ~ ~.~rt[~ .thef I.have a p~ag~am [n:p~a'ce ~o reduce t~ volume and to~iml~ o[ wasle.ge~emled 10' Ihe d~grpe'l..~a~e dc~crmmcd to be ~conom~cally
' ~nd't le · w ro Yin'eh ' OR 'if am o ,~Jl nuon} ~ ne~r ~e m~d~ ~ g~ ~ ~ ~ne n m n m~zn my wasta g6her~fion ond s~ oct t~ b~t wa~ manegomont
avallable~o~'andthatl~ana~d .... . . ' - ;' . ..... :'. "'. .'" ' L" ' :' .
,,.,,~..~.~ ..... ..,. . .. ...:'., ,:~,~,~'~;/'~ ~ x~ .... . . ~"'".,J ~""" ,~,.~, ~.,..
Ackn~ledfle~*m, '~ -- ~',°f'R"~iPt of ~rJols., , Si~n.~T ~ ~ ,~,'~
,: .:','
IN*m, - · . . ' ' .Jsi~,~turc ...... ; ' ' ' .' ' . . ' Month ~'~y
' .. ,~:-. .*' o .NOT' ~."
.... .' ' ' B E. "'. " .... ~ ...... ~..:......::',~;.",.,.,.'~.-:,... ,
: '?.:;.L.'.,'.".,.~?. u:.'..:" ....;.':.~ :".' - '..... . '.-, :..,,,.;: ..,, .,,,.,< ..... .?,,'r::, ...,. ........ ..,., .~:; ';: .:.. ..... ~. ,'.:..'] ......... .:....v.',.: ..,
, " Yellow: TSDF S~NDS 'THIS'CO~T TO GENERATOR WITHIN ~ D~YS. '
{Generofars who su~mlt kazardou~ ~aste Jar frmnspa~ ouf-o~'slale, '.
DTSC'B02~ {I/99} ~roduce completed c~py.o~.thil cepy and send fo DTSC ~kln 30 da~.) '.":
' EPA 870~22 ' ' '
07/20/01 10:21 '~661 396 8561 KS FAB & MACHINE : ~]003
: .. ... ,; .: ...... ., ... ,:..:,, ....,%....
:~..... ........ : ................... :..
. . ,i,~. ,L. '?'~:~2':. '~ .'~'.'.;~.~'~:~';[~;~:i~'~;~.'.,r,.;."..:,.':/~..'y'~'~
..... . ........ .~..., ,..?:...~.;:~,~. ,...:...:..... ,..: ~ :'~' ~.~,. ~..~....:.:~......... ~.~
' " .~r ' , ,1 ...... .~.~,..' , :~..:.~
''" ' ' " ~
. , ,,', ,, ,~' .,,
:':
:~; ~ :5~3:2;'~ R,~ G ~ ~A~ ,78',. *:'~ E E D O.N ~.:[ '.' .",
'.'" EPA
~~~--=-=--~-,':,.~... ~~.~, ,"~'~". ,.: :.
~~~,. " ' .~' :.': .... ':'"-~ '." :""~;~'..:.~'~.' ':: :.,. ' ~: ...... .. · . ' '" ~... ~" '., ~.~:~~*l~,.::.~:?..,:~j.~:. ~x~M~ '~' '"
~oe~~~.~ .,.':.....,,~,~.,.~......,.
~_ ... ~....,...,, . ~ .. :. ~,~. ~ ..... . ~~[~, .~.~ S~ ;.,,~,~'~:;'F,'.:.,~-
..... ,..~..' ~'~ ..~....,,~.~...,.,,~,~,.?.'~,~...',,..~.,;.. . ~'.:...,.......,.. . . .........:
.... ..L_,~.~?.:"'~..=~""'~'.,'t:~.;::?.~,"~',,"-~"". '""~':~ ....... "' ". '"' ~.~'~'~'~:~.~";~'.'
....... .....:..... , . . .... ,'
,' ... , , , .. ~,, ,.7"..;., .,,,;¢.~J~ ~?',:,,::::,,~L,:~'...,,:,,,'..~.......". '... ,'~.~....,,; .,,.,. ' .,,-...,.' I,-..,,I.~.~.=.?;',~ ,...
""" .... '~" ::" ' ::" ""' :' '..':: ':' ":.'"~a~ '.~...;~.:~¢`~.:;~:+;)~?..~.~S~.~.r~.~;G~.~.~.~`.~`~..;..~.~;..
... , :,...... :........,,............~..::.
. ~ .......
. · ..................... ~... .......................................... _.~ ..................... ,,.., '~.~'~,~;~ ~'~ ~.~ ~:
.., ..... . . -., .~ :~...-...... . . ..., .. ,...., ..... ,.~,~;~.~.:.,..,..:; ....
' Dr~ned. Used Od Fdtem.~r.'~yqhng',~:~:~, ;... ;.'~ :~"~; · .~;' :. ;.':'.:-~.. .... :. '., ....: :..:. '.'.~;~:~'~.~ ;~¢~'~,.~;.r~,:.
· · ~.~ .~;.~..:.:.~j,t,~;.,)~A?~,~'r,: .~ ..... ..~ :., ,~.,: ,,: ~ , ~ ....-.... ~:<:~]S~.~.,~-~~ ~'~¢":
, ,, ,, ,,.-~.~,,~ ~_~_.' ,,. ~,~,,,,,,~ ,..]~.,;r.~. ~:,.~:~', .... ,,~,, ....... .... . , ,,, .;' ., .'...:'..; :~,.~..;~:~,~,~,,,~ ....... ~lr'~ "'
......
.... ' "' .... . .... ' ..... ':';"~ ',',,;~ ,,:..~' '"".."' ...... '"~'~ " '"'"':; ' :,'.~ ,"- ~.'-' "",' ~-: ..' ".~"~.l,~-')"~' ·
..~...: ~ · . . .. ,....'".....~,;~.,.,:':~;,,~,~:.~:~..:.~.,,~,.,.,.~.:.,'.,,,.. '.'..., ~.~,.~:~ :~,~,~.,,~S;.',,.~ t~:~,~'~ ': .'...:. . ..
; ' ' ".' '. ". ' ". "" "~r~ ~ ~pO~a "." .... '" ...... r, .~.~,~,~,~,~.',-'.:.~'.'.,.-;~ ¢' ,,-', ';." ..... .: '. ? .: ..... ;~ .~' ~'~'r z-~.~';., ~,~.,'k;; '
~r~"~i~=~ '. . ,.. ',
' ' .... ~"" · ..................
." ,, ,., ' ' ' . L .;'.. :'.. ;..,..'",~,"~;,:*.~. ~':.'- . '.": ; '. '":.:. .': ' . '. · · :~,~:~'-' .'~.~.".,'.'~' :'~,:'.::
. . :.. .. .... - , . ..... :~ ~'~.:~:'~,.;'.~?~;.~'.' .~.~.'.:,. :.. .... ..... ~? .~ ~, ........... "..' , ..,., ,;~;~ ~, .
.}?.r,:',..',.~.:., ?.. .'. ".'.: ......... .'Bl of ~d d #" . . ' .... ~" ','~'~ ::'."~.':"'~;,;" ', '" ' ' .' ' ' ' '.' ~,"',' "~:~';;:;~ ~:'~'~' ""
.............
...... ""'"' ,' ' ..... ~" ' , . ':' .. ":, '..'.;,.'.::.;',.'o.,i,~;.~,';~,'.:,:.......
.~ nm~er on~=ln~, n~o ~n~
'.. I~1 ~m · ~e qu~tl~ g~Aar~t~r, I
am a 5m~l qu~ geneml~, i 'ham',,m~e";a?ge~d~,f~tth,:;~A::~;~jniBl~ ~a ,generation 'ana:ooloor',ih~;'be~t'~' ',
~a~emen~ m~ thai ~ ~l~e~e'~ ~h~[c~'a~, ;'" ', ~ . . . ¢. ,,.' . ..... '....: ' . ,.
. ..~.... .., :,. .... ~..,. .......... . ........... ~..., ..........
, ,. .. . . .~~..,,,[~::~,.~..,.,:t1~. ~ .... ~,~.,,,.,.~,.,...,,,..,.,,,,.~,...,,,,..~.~ ,...,.,
Gene~tors Si~natu~ ;~ 1~~';~''' '~ ~ M~~ ' ' "'. "'" "".'.'" ". % :' '
' ,, ~ , .I ~ ~=.';-;, .~,., · T~ , ~[ ~ . . '~ ' ,~ ,. , .~ ...... ;...".J'; ~'~'~:...'.:.,~.,,, ,,
' ~.,~ .... ;....: ...: ...... ,. ,.:.........-..~..~:..:~.~,:..'~,~.~...::,.~ ::: '..
PUMP REQUIRED,'1.~_ ~ NO.' ..STARI TIME . FINISH ,TIM~,'.' ',, ,' · , ::..~
, .. ., ~, :,,..;'. ,..:.,~ :.=j,.,,: ,~:.,,..,.'.,.,
~ CRANESlsoosWASTE.QIL,
~ ~ 760-37a-3010 ' ' . ... ..'~[he'gene~r isCshipping~'. .'. "' ". ~.'..:'::"'.
,,
~ ~AD 900~1~50 ,"'," ' ' ;';'" . .,. ....... , ....
........
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