HomeMy WebLinkAboutHAZ-BUSINESS PLAN 2001/2002~~OUS MATERIAl.S E~/'ISION ~
TIME CHARGED
BUSINESS/DEAPRTMENT NAME:
ADDRESS:
PROJECT DESCRIPTION:
PROJECT NUMBER:
~9
DATE: NAME:.
~h/~, ~
TIME
CHGD:
COMMENTS:
PROJECT COMPLETION: DATE:
Winston H. Hickox
Agency Secretary
California Environmental
Protection Agency
Department of Toxic Substances Control
Edwin F. Lowry, Director
1001 "F Street, 25th Floor
P.O. Box 806
Sacramento, California 95812-0806
Gray Davis
Governor
December 17, 2001
Ms. Jill Smith
_Customer Service Supervisor
Golden Empire T~'ansit District'
1830 Golden State Avenue
Bakersfield, California 93301
Dear Ms. smith:
The Department of Toxic Substances Control recognizes and commends you for. your
exemplary work and continued efforts in promoting pollution prevention throughout the
year. Please accept the enclosed "National Pollution Prevention Week 2001 Award" as
a token of our appreciation for your outstanding workl
Very truly yours,
Edwin F.'LoW~
Director
Enclosure
cc: See next page.
The e~ergy challenge facing California is real. Every Californian needs to take immediate action to reduce energy consumption.' For
a list of simple ways you can reduce demand and cut your energy costs, see our Web-site at www. dtsc. ca.gov.
Printed on Recycled Paper
Ms. Jill Smith
December 17, 2001
Page 2
CC:
/
Mr. Howard Wines III V'
Office of Environmental Services
Bakersfield Fire Department
1715 Chester Avenue, Suite 300
Bakersfield, California 93301
Jeffrey Wong, Ph.D.
Deputy Dicector ....
Science, Pollution Prevention and Technology Program
Department of Toxic Substances Control
P.O. Box 806
Sacramento, California 95812-0806
Mr. Klm Wilhelm
Acting Chief
Office of Pollution Prevention and Technology Development
Department of Toxic Substances Control
P.O. Box 806
Sacramento, California 95812-0806
Cali~fornia~ Environm .elltal
Depa, rtment of Toxic substances Control
This N~tional Pollution Prevention.Week 2001 Award
is presented to
,... goila~n.,~,,Empi~ Transit District
' ' ="~' ~ i -', :77,.
The' DePartment of Toxic Su ontrol wis to recognize and commend this organizatiOn for
exemplary work and effor~s m pollution prevention throughout the year.
Given t~s Fifteenth day of December, Two Thousaad~and One
Edwin F. Lowry '~
DireCtor
i Department o£ Toxic Substances Control ·
GOLDEN EMPIRE TRANSIT DISTRICT DATE '1'112c~/01 VOUCHER NO.
Bakersfield, California :
VENDOR 25701 NAME CITY OF BAKERSFIELD
LINE REFERENCE NUMBER REFERENCE DATE AMOUNT ALLOWANCE NET
1 200!-0& · 11/27/0! 2~57. O0
!I ** TOTAL 2~57.00 t*$2~57.00t
-- Golden EmpireTransit District
A Pollution Solution
1630 GOLDEN STATE AVENUE
BAKERSFIELD, CALIFORNIA 93301
(661) 324-9874
UNION BANK OF CALIFORNIA
Bakersfield, CA 93309
DATE
ll/2g/O1
0474~2
CHECK NUMBER
0047492 16-49,, 0
PAY
TO THE
ORDER OF
EXACTLY ***.2~57.* DOLLARS AND
CITY OF BAKERSFIELD
CUPA
1501 TRUXTUN AVE.
BAKERSFIELD CA
~5501
CENTS
BY
BY
AMOUNT $ **'2957
"'0 N ? h q B""
~,o, ?O l, l, I, ? 2
STATE OF CALIFORNIA
CITY OF BAKERSFIELD
CERTIFIED UNIFIED PROGRAM AGENCY
In the Matter of:
GOLDEN EMPIRE TRANSIT DISTRICT
a California special transit district
Respondent.
Docket NO.: 2001-06
CONSENT AGREEMENT
Health and Safety Code Section 25187
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 Consent
Agreement (Agreement) to Golden Empire Transit District, a California special transit
district.
1.2. Site. Respondent generated, handled, treated, stored, and/or disposed of
hazardous waste at the following site(s), including, but not limited to: 1830 Golden State
Highway, Bakersfield, California 93308.
1.3 Generator. The Respondent generated the following hazardous wastes:
metal dust and machining waste, a "listed" hazardous waste (California Waste Code
Number 172) pursuant to Title 22 of the California Code of Regulations (CCR), Section
66261.126 Appendix Xll (b).
1.4 Jurisdiction. Section 25187 of the Health and Safety Code (HSC) authorizes
the CUPA to order action necessary to correct violations and assess a penalty when the
CUPA determines that any person has violated specified provisions of the Health and
Safety Code or any permit, rule, regulation, standard, or requirement issued or adopted
pursuant thereto.
DETERMINATION OF VIOLATIONS
2. The CUPA hereby determines that Respondent violated:
2.1 The Hazardous Waste Control Law (California Health and Safety Code
section 25100, et seq, to wit: section 25189.5. Disposal, treatment or storage at, or
transportation to, facilities without per~its or afbnb, bthorized points. On August 1,2001,
a hazardous waste generator inspection was conducted at the site for compliance with
regulatory standards as well as assessing the potential for environmental contamination
associated with a recent unauthorized release of diesel fuel at the fuel dispenser.
2.2 On August 3, 2001, a notice to comply was issued to the facility, ordering a
hazardous waste determination to be made for the brake lathe metal dust and machining
waste which was being regularly disposed of into the municipal trash.
2.3 On August 28, 2001, laboratory results from the sample of brake lathe metal
dust confirmed that the waste is considered a hazardous waste in California, due to the
high concentrations of total Chromium, an inorganic persistent and bioaccumulative toxic
metal.
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 properly manage the
brake lathe metal dust and machining material as either an excluded recyclable material
marked clearly with the words "Excluded Recyclable Material," or a "Hazardous Waste" and
2
alternatively managed as such, within (30) days from the effective date of this Agreement.
3.2 Submittals. A copy of the GET Standard Program Policy and Procedure for
Hazardous Waste: Brake Drum Shavings, dated November 16, 2001, has been received
by 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 agreement fails to comply with the
agreement or fails to protect public health or safety or the environment, the CUPA may:
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
Agreement in compliance with all local, State, and federal requirements, including but not
3
limited to requirements to obtain permits and to assure worker safety.
3.6 Endanqerment during Implementation. In the event that the CUPA
determines that any circumstances or activity (whether or not pursued in compliance with
this Agreement) 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 Agreement for such period
of time as needed to abate the endangerment. Any deadline in this Agreement directly
aff~Ct-~-d'by a Stop Work 0~der ur~der tl~is section-§hall be extended for~he term of the Stop
Work Order.
3.7 Liability. Nothing in this Agreement 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 Agreement,
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 Agreement. Respondent shall allow the CUPA and its
authorized representatives to take duplicates of any samples collected by Respondent
pursuant to this Agreemet. Respondent shall maintain a central depository of the data,
reports, and other documents prepared pursuant to this Agreement. 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 Agreement. If the CUPA requests that some or
4
all of these documents be preserved for a longer period of time, Respondent shall either
comply with that request, deliver the documents to the CUPA, or permit the CUPA to copy
the documents prior to destruction.
3.9 Government Liabilities. The City of Bakersfield shall not be liable for injuries
or damages to persons or property resulting from acts or omissions by Respondent or
related parties in carrying out activities pursuant to this Agreement, nor shall the City of
Bakersfield be held as a party to any contract entered into by Respondent or its agents in
-c~-rrying-otJt ac~i~-ities Pursuant to the Agme~ne~.-'
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 Agreeement 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 Agreement, 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 tor 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
Agreement 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.
5
3.15 Parties Bound. This Agreement 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 agreement.
$ 2,937 is
PENALTY
The CUPA assesses a penalty of $ 2,937. Payment of the total penalty of
due within thirty (30) days from the effective date of the Agreement.
~ ~-~-S-ponden~s--~h~ck Shall be-i~de-pa'yable' to-Ci~/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:
Respondent.
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
This Agreement is final and effective upon execution
by the City and
"Days" for purposes of this Agreement means calendar days.
6
Date of Issuance:
November 20, 2001.
Director of Prevention Services
City of Bakersfield
.~_~'_en Empire Transit District
Typed or Printed Name of
Respondent's Representative
Date
Date
CC:
Mr. Walter H. Porr, Jr.
Deputy City Attorney
City Attorney's Office
City of Bakersfield
1501 Truxtun Avenue
Bakersfield, CA 93301
7
A Pollution Solution
NoVember 16, 2001
Mr. Ralph Huey
Director of Prevention Services
City of Bakersfield
1715 Chester Ave¢ue
Bakersfield, CA 93301
Dear Mr. Huey:
As discussed .during our November 16th telephone conversation, I would like to confer
'informallY Wit~-:you'~ mendi~'ned'~iDbc~ N0~(-~00!2~6 Enforcement Order on TuesdaY
November 20, 2001, 10:00 at the Office of Environmental ser~i'ces. 'I'shali provide a description
of the procedures for the safe disposal of brake drum hazardous material and to comply with the
order and a'ny recommendations offered by your department.
Our Mr:.Willi.am Scroggins, GET Facility Supervisor is intimately involved with this situation
and has research the proper methods for disposal including transport and handling, most notably
with the Kern.' County Waste Management program and it's resources.
As this was 'the only exception to Mr. Wines inspection, and as we are now aware of the inherent
hazardous condition, and remedies we request your consideration particularly as it relates to the
penalty imposed in the order.
Please find enclosed the Acknowledgment of Receipt, Docket No. 2001-06 Enforcement Order.
i l}5oi~-t$ffw-~-d FGbu?~hleetifig. -
Sincerely,
J. Steve Woods
Deputy Chief Executive Officer
1830 Golden State Avenue Bakersfield, California 93301-1012 (661) 324-9874 FAX (661) 869-6394
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: //- /~ - O /
/x~gnature
Print Name and Title
S:\NOV 2001\EnforcementOrder(GET),wpd
BAKERSFIELD
FIRE DEPARTMENT
M EM O R.A N D U M
DATE:
TO:
FROM:
SUBJECT:
December 6, 2001
Susan Chichester,.Business Manager es~
Ralph E. Huey, Director of Prevention Servic
Administrative Enforcement Order
Attached please find a copy of the ConSent Agreement for Golden.Empire Transit District's
Administrative Enforcement order, and the check for $2,937.00 assessed ~.l~nalty for this,.
violation. Our cost of investigation and enforcement was $1,000.00. The remaining $1,937.00 is
to be split 50/50 with the State Department of Toxic Substance Control. · -
We should'therefore send $968.50 to the'state and retain $1,968.50 in the sPeCialEnforcement
account. I will draft a letter to the state to accompany the check. Please let me know when we
will be sending their share. Thank you.
attachment
STATE OF CALIFORNIA
CITY OF BAKERSFIELD
CERTIFIED UNIFIED PROGRAM AGENCY
In the Matter of:
GOLDEN EMPIRE TRANSIT DISTRICT
a California special transit district
Respondent.
Docket No.: 2001-06
CONSENT AGREEMENT
Health and Safety Code Section 25187
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 Consent
Agreement (Agreement) to Golden Empire Transit District, a California special transit
district.
1.2. Site. Respondent generated, handled, treated, stored, and/or disposed of
hazardous waste at the following site(s), including, but not limited to: 1830 Golden State
Highway, Bakersfield, California 93308.
1.3 Generator. The Respondent generated the following hazardous wastes:
metal dust and machining waste, a "listed" hazardous waste (California Waste Code
Number 172) pursuant to Title 22 of the California Code of Regulations (CCR), Section
66261.126 Appendix XII (b).
1.4 Jurisdiction. Section 25187 of the Health and Safety Code (HSC) authorizes
the CUPA to order action necessary to correct violations and assess a penalty when the
CUPA determines that any person has violated specified provisions of the Health and
Safety Code or any permit, rule, regulation, standard, or requirement issued or adopted
pursuant thereto.
DETERMINATION OF VIOLATIONS
2. The CUPA hereby determines that Respondent violated:
2.1 The Hazardous Waste Control Law (California Health and Safety Code
section 25100, et seq, to wit: section 25189.5. Disposal, treatment or storage at, or
transo0rtation to, facilities without permits or at unauthorized Doints. On August 1, 2001,
a hazardous waste generator inspection was conducted at the site for compliance with
regulatory standards as well as assessing the potential for environmental contamination
associated with a recent unauthorized release of diesel fuel at the fuel dispenser.
2.2 On August 3, 2001, a notice to comply was issued to the facility, ordering a
hazardous waste determination to be made for the brake lathe metal dust and machining
waste which was being regularly disposed of into the municipal trash.
2.3 On August 28, 2001, laboratory results from the sample of brake lathe metal
dust confirmed that the waste is considered a hazardous waste in California, due to the
high concentrations of total Chromium, an inorganic persistent and bioaccumulative toxic
metal.
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 properly manage the
brake lathe metal dust and machining material as either an excluded recyclable material
marked clearly with the words"Excluded Recyclable Material," or a "Hazardous Waste" and
2
alternatively managed as such, within (30) days from the effective date of this Agreement.
3.2 Submittals. A copy of the GET Standard Program Policy and Procedure for
Hazardous Waste: Brake Drum Shavings, dated November 16, 2001, has been received
by 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 agreement fails to comply with the
agreement or fails to protect public health or safety or the environment, the CUPA may:
Modify the document as deemed necessary and approve the document as
ao
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
Agreement in compliance with all local, State, and federal requirements, including but not
3
limited to requirements to obtain permits and to assure worker safety.
3.6 Endangerment during Implementation. In the event that the CUPA
determines that any circumstances or activity (whether or not pursued in compliance with
this Agreement) 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 Agreement for such period
of time as needed to abate the endangerment. Any deadline in this Agreement 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 Agreement 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 Agreement,
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 geherated by Respondent or on Respondent's behalf in any way pertaining to work
undertaken pursuant to this Agreement. Respondent shall allow the CUPA and its
authorized representatives to take duplicates of any samples collected by Respondent
pursuant to this Agreemet. Respondent shall maintain a central depository of the data,
reports, and other documents prepared pursuant to this Agreement. 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 Agreement. If the CUPA requests that some or
4
all of these documents be preserved for a longer period of time, Respondent shall either
comply with that request, deliver the documents to the CUPA, or permit the CUPA to copy
the documents prior to destruction.
3.9 Government Liabilities.
The City of Bakersfield shall not be liable for injuries
or damages to persons or property resulting from acts or omissions by Respondent or
related parties in carrying out activities pursuant to this Agreement, 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 Agreement.
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 Agreeement 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 Agreement, 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
Agreement 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.
5
3.15 Parties Bound. This Agreement 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 agreement.
PENALTY
4. The CUPA assesses a penalty of $ 2,937.
$ 2,937 is due within thirty
Respondent's check shall be
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:
Payment of the total penalty of
(30) days from the effective date of the Agreement.
made payable to City of Bakersfield, Certified Unified
o
Respondent.
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:
This Agreement is
Mr. Ralph Huey
Director of Prevention Services
City of Bakersfield
1715 Chester Avenue
Bakersfield, California 93301
final and effective upon execution by the City and
"Days" for purposes of this Agreement means calendar days.
6
Date of Issuance: November 20, 2001.
Mr. Ralpl~<~_u~/~'~
Director of Prevention Services
City of Bakersfield
Typed or Printed Name of
Respondent's Representative
Date
Date
CC:
Mr. Walter H. Porr, Jr.
Deputy City Attorney
City Attorney's Office
City of Bakersfield
1501 Truxtun Avenue
Bakersfield, CA 93301
7
BAKE~RSFIELD
CALIFORNIA
FAX Tl~ansmittal
cover Sheet
Bakersfield Fire Dept.
Office of Environmental Se~rvices
1715 Chester Ave. · Bakersfield, CA 93301
FAX No. (,66I..) 326.0576 · Bus No. (:6~) 326-3979
TO:
COMPANY: ~-~ ~ ~-
FROM:
.o°
FAXNo. ~, 6~9~
COMMENTS:
03)
The used oil is used or reused on the site where it was generated or is
excluded under paragraph (3) of subdivision (d), is managed in accordance
with the applicable requirements of Part 279 (commencing with Section
279. i) of Title 40 of the Code of Federal Regulations, and is not any of the
following:
(i)
Used in a manna constituting-disposal or used to produce a
product that is applied to land.
Burned for energy recovery or used to produce a fuel unless the
used oil is excluded under subparagraph 03) or (C) ofparagraph (2)
of subdivision (d).
(iii) Accumulated speculatively.
(iv)
Determined to be inherently wastelike pursuant to regulations
adopted by the department.
(0(1)
Any person who manages a recyclable material under a claim that the material
qualifies for exclusion or exemption pursuant to this section shall provide, upon request,
to the department, the Environmental Protection Agency, or any local agency or official
authorized to bring an action as provided in Section 25180, all of the following
i~ormation:
(A)
The name, street and mailing address, and telephone number of the owner
or operator of any facility that manages the material.
03) Any other information related to the management by that person of the
material requested by the department, the Environmental Protection
Agency, or the authorized local agency Or official.
Any person claiming an exclusion or an exemption pursuant to this section shall
maint~~e r~ords to dem.o.n~rate to ~e .satisfaction of~the requestin~
agency or official that there is a known market or dmposmon for the material, and
that the requirements of any exemption or eXClUSiOn pursuant to tlus section are
filet.
(3) For purposes of determining gust the conditions for exclusion from classification
as a waste pursuant to this section are filet, any person, facility, site, or vehicle
~ngaged in the management of a material under a claim that the material is
excluded from classification as a waste pursuant to this section shall be subject to
Section 25185. (~ c~'r~c~. ~,S~e..r~ ~ ~oo~ va~-
For purposes of Chapter 6.8 (commencing with Section 25300), recyclable materials
excluded from classification as a waste pursuant to this section are not excluded from the
definition of hazardous substances in subdivision (g) of Section 25316.
12
12/03/01 11:27 8661 326 0576 BFD BAZ MAT DIV ~001
*** ACTIVITY REPORT ***
TRANSMISSION OK
TX/RX NO.
CONNECTION TEL
CONNECTION ID
START TIME
USAGE TIME
PAGES
RESULT
2305
12/03 11:24
02'12
2
OK
8696393
BAKERSFIELD
FIRE DEPARTMENT
MEMORANDUM
DATE:
TO:
FROM:
SUBJECT:
November 20, 2001
Walter H. Porr, Jr., Deputy City Attorney
Ralph E. Huey, Director of Prevention Service~/~?/
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
c~m~trff-W'in--~
_ri Postage $ · 34
13-1 Certified Fee ~) · 1 0
Postmark
ri Return Receipt Fee ~[ ° 5 0 Here
r-1 (Endorsement Required)
[~ Restricted Deflvery Fee
r-'t (Endorsement Required)
r-1 Total Postage & Fees $ 3.9 4
m
u'ii Sent To
4[ Ch~ester C Moland
r~/;~i~i~"~/~ '/~:f~F P~ '~,' ~,'.' ..........................................................
~n[ 1830 Golden State Highway
~aKerszie±d ~ ~.~Ju .
· C 31ete items 1,2, and 3. Also complete
i~,,.~ if Restricted Delivery is desired.
· Print your name and address on the reverse
so that we can return the card to you.
· Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
MrS. Chester C Moland
GolM,~n Empire Transit District
18.30 Golden State Highway
B~kersfield CA 93301
D. Is delivery address different from item 17 [] Yes
If YES, eh,teddelivery address below: [] No
3. Service Type
i~l 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)
7000 1530 0006 3456 3171
PS F~V3811, July 1999
Domestic Return Receipt
102595-00-M-0952
D
FIRE CHIEF
RON FRAZE
ADMINISTRATIVE SERVICES
2101 'H" Street
Bakersfield, CA 93301
VOICE (661) 326-3941
FAX (661) 395-1349
SUPPRESSION SERVICES
2101 'H" Street
Bakersfield, CA 93301
VOICE (661) 326-3941
FAX (661) 395-1349
PREVENTION SERVICES
1715 Chester Ave.
Bakersfield, CA 93301
VOICE (661) 326-3951
FAX (661) 326-0576
ENVIRONMENTAL SERVICES
1715 Chester Ave.
Bakersfield, CA 93301
VOICE (661) 326-3979
FAX (661) 326-0576
TRAINING DIVISION
5642 Victor Ave.
Bakersfield, CA 93308
VOICE (661) 399-4697
FAX (661) 399-5763
November 20, 2001
Mr. Chester C. Moland, Chief Executive Officer
Golden Empire Transit District
1830 Golden State Highway
Bakersfield, CA 93301
RE: Consent Agreement for Docket No: 2001-06
Dear Mr. Moland:
Enclosed, please find the Consent Agreement for your signature. You may
make a copy for your own records and internal routing, as needed.
However, please return the original with both our signatures to me for the
official file.
Submittal of penalty is to be sent under separate cover, but not later than
specified in the agreement.
If you have any questions, please call me at 661-326-3979.
Sincerely,
~alph~
Director of Prevention Services
REH/dm
enclosure: Consent Agreement (original)
STATE OF CALIFORNIA
CITY OF BAKERSFIELD
CERTIFIED UNIFIED PROGRAM AGENCY
In the Matter of:
--.~
GOLDEN EMPIRE TRANSIT DISTRICT
a California special transit district
Respondent.
Agreement (Agreement)
district.
1.2. Site.
Docket No.: 2001-06
CONSENT AGREEMENT
Health and Safety Code Section 25187
INTRODUCTION
Respondent generated, handled, treated, stored, and/or disposed of
hazardous waste at the following site(s), including, but not limited to: 1830 Golden State
Highway, Bakersfield, California 93308.
1.3 Generator. The Respondent generated the following hazardous wastes:
metal dust and machining waste, a "listed" hazardous waste (California Waste Code
Number 172) 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
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 Consent
to Golden Empire Transit District, a California special transit
CUPA determines that any person has violated specified provisions of the Health and
Safety Code or any permit, rule, regulation, standard, or requirement issued or adopted
pursuant thereto.
DETERMINATION OF VIOLATIONS
2. The CUPA hereby determines that Respondent violated:
2.1 The Hazardous Waste Control Law (California Health and Safety Code
section 25100, et seq, to wit: section 25189.5. Disposal, treatment or storage at, or
transportation to, facilities without permits or at unauthorized Doints. On August 1,2001,
a hazardous waste generator inspection was conducted at the site for compliance with
regulatory standards as well as assessing the potential for environmental contamination
associated with a recent unauthorized release of diesel fuel at the fuel dispenser.
2.2 On August 3, 2001, a notice to comply was issued to the facility, ordering a
hazardous waste determination to be made for the brake lathe metal dust and machining
waste which was being regularly disposed of into the municipal trash.
2.3 On August 28, 2001, laboratory results from the sample of brake lathe metal
dust confirmed that the waste is considered a hazardous waste in California, due to the
high concentrations of total Chromium, an inorganic persistent and bioaccumulative toxic
metal.
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 properly manage the
brake lathe metal dust and machining material as either an excluded recyclable material
marked clearly with the words "Excluded Recyclable Material," or a "Hazardous Waste" and
2
alternatively managed as such, within (30) days from the effective date of this Agreement.
3.2 Submittals. A copy of the GET Standard Program Policy and Procedure for
Hazardous Waste: Brake Drum Shavings, dated November 16, 2001, has been received
by 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.
or other submitted for approval pursuant
If the CUPA determines that the schedule,
to this agreement fails to comply with the
agreement or fails to protect public health or safety or the environment, the CUPA may:
Modify the document as deemed necessary and approve the document as
ao
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
Agreement in compliance with all local, State, and federal requirements, including but not
3
limited to requirements to obtain permits and to assure worker safety.
3.6 Endangerment during Implementation. In the event that the CUPA
determines that any circumstances or activity (whether or not pursued in compliance with
this Agreement) 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 Agreement for such period
of time as needed to abate the endangerment. Any deadline in this Agreement 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 Agreement 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 Agreement,
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 Agreement. Respondent shall allow the CUPA and its
authorized representatives to take .duplicates of any samples collected by Respondent
pursuant to this Agreemet. Respondent shall maintain a central depository of the data,
reports, and other documents prepared pursuant to this Agreement. 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 Agreement. If the (3UPA requests that some or
4
all of these documents be preserved for a longer period of time, Respondent shall either
comply with that request, deliver the documents to the (:;UPA, 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 Agreement, 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 Agreement.
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 Agreeement 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 Agreement, 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
Agreement may also subject Respondent to costs, penalties, and/or punitive damages for
any costs incurred by the (3UPA 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.
5
3.15 Parties Bound. This Agreement 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 agreement.
PENALTY
4. The CUPA assesses a penalty of $ 2,937. Payment of the total penalty of
$ 2,937 is due within thirty (30) days from the effective date of the Agreement.
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.
o
Respondent.
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
This Agreement is final and effective upon execution
by the City and
"Days" for purposes of this Agreement means calendar days.
6
Date of Issuance:
November 20, 2001.
Director of Prevention Services
City of Bakersfield
Date
Golden Empire Transit District
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
GOLDEN EMPIRE TRANSIT DISTRICT
STANDARD PROGRAM POLZCY AND PROCEDURE
HAZARDOUS WASTE: Brake Drum Shavings
PURPOSE AND OBJECTIVE
To describe hazardous waste procedures, identify storage, handling and Transportation
procedures.
REFERENCES
Title 22 of California Code of Regulations
REVIEW AND APPROVAL
Program policy and procedures will be reviewed at least annually and revised as often
as required.
RESPONSIBILITY
It is the responsibility of the Chief Executive Officer to assure that this policy is strictly
adhered to. The Maintenance Manager and Maintenance Supervisory staff shall be
operationally knowledgeable of the contents of this procedure.
Brake Drum Shavings Collection Procedures
1) A steel barrel shall be placed directly under the brake drum as the drum is being
turned, in order to catch and contain the shavings.
2) The barrel shall be in place at all times during operation of the lathe.
3) The barrel shall be tagged Hazardous Waste, including Generator Information,
Physical State, Hazardous Properties and Accumulation start date.
Storage requirements and limitations
1) The shaving cannot be stored for more than ninety days from the accumulation start
date.
Transportation and disposal of shavings
1) Kern County Waste Management Department will be handling the disposal of the
Savings.
Golden Empire Transit District
November 16, 2001
Authored by: Bill Scroggins, Facility Supervisor
2) Kern county Waste Management shall issue Golden Empire Transit District a
Variance to transport the shaving to their facility located at 4951 Standard Street,
Bakersfield, CA.
3) Prior to transportation the barrel shall be sealed and checked for proper labeling.
4) Where permissible, the brake shavings may be recycled through sale or disposal
with a qualified recycler. A record shall be obtained evidencing this type of disposal
in full compliance with state regulations.
Training of personnel handling I transporting shavings
1) Only properly trained employees shall handle the shavings.
2) Training shall include safe storage and handling, spill cleanup, record keeping, and
transportation.
Golden Empire Transit District
November 16, 2001
Authored by: Bill Scroggins, Facility Supervisor
A Pollution Solution
November 16, 2001
Mr. Ralph Huey
Director of Prevention Services
City of Bakersfield
1715 Chester Avenue
Bakersfield, CA 93301
Dear Mr. Huey:
As discussed during our November 16th telephone conversation, I would like to confer
informally with you as mentioned in Docket No. :'2001-06 Enforcement Order on Tuesday
Noverhber 20, 2001, 10:00 at the'Office -of EnvirOnm~nfal services.- I'shall ~Sf0¥id~/=d~i-i'l~ti~Sii
of the procedures foi~ the safe dispOsal of brake drum haZardous material and t6 6ohiply with' the
order and any recommendations offered by your department.
Our Mr. William Scroggins, GET Facility Supervisor is intimately involved with this situation
and has research the proper methods for disposal including transport and handling, most notably
with the Kern County Waste Management program and it's resources.
As this was the only exception to Mr. Wines inspection, and as we are now aware of the inherent
hazardous condition, and remedies we request your consideration particularly as it relates to the
penalty imposed in the order.
Please find enclosed the Acknowledgment of Receipt, Docket No. 2001-06 Enforcement Order.
I look forward to our meeting.
Sincerely,
J. Steve Woods
Deputy Chief Executive Officer
1830 Golden State Avenue Bakersfield, California 93301-1012 (661) 324-9874 FAX (661) 869-6394
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:
,~gnature
· ~ Pfint~Name and--T-itle
$:\NOV 200 l\EnforcementOrder(GET).wpd
CITY OF BAKERSHELD
OFFICE OF ENVIRONMENTAL SERVICES
1715 Chester Ave., CA 93301 (661) 326-3979
FACILITY INFORMATION
Business Activities
I. FACILITY IDENTIFICATION
Page __ of
7
FACILITY ID #(Fer office use only - please leave blank) I EPA ID # 2
DB.AIFAClLITY NAME
· Does Your Facility.....' ' · . :..: 7' · : If Yes, Please Complete... . -
A. HAZARDOUS MATERIALS { OYES ONO 4 V' OES ·FORM 2731 (Che~ica~ Desc~paon Fo.n)
1. Have on site (for any purpose) hazardous materials at or ¢' CONSOLIDATED COMPLIANCE PLAN
above 55 gallons for liquids, 500 pounds for solids, or 200 Minimum required plannin,q elements:
cuft for compressed gases (include liquids in ASTs and · Emergency Response Plan
USTs)? · Maps
2. Have any amount of an explosive matedal (other than OYES ONO s · Training
ammunition) on site? · Prevention
· Certifications
B. REGULATED SUBSTANCES (RS) OYES ONO 6 ~' OES FORM 2731 (Chernical Description Form)
Have onsite RS at greater than the threshold planning
quantities established by the California Accidental
Release Prevention program (CalARP)? · Incorporating CalARP Program Elements
C. UNDERGROUND STORAGE TANKS (USTs) OYES ~)NO ?
1. Own or operate Underground Storage Tanks?
2. Intend to upgrade existing or install new USTs? OYES (~NO
~ UST INSTALLATION FORM (one per tank)
D. TANK CLOSURE / REMOVAL " OYES ONO 9 V' UST TANK FORM (dosure section--one per tank)
1. Need to report closing a UST that held hazardous
materials or waste?
2. Need to report the closure/removal of a tank that was OYES ONO l0 v' TANK CLOSURE FORM
classified as hazardous waste and cleaned onsite?
E. ABOVE GROUND PETROLEUM STORAGE TANKS (ASTs) OYES ONO ll V' CONSOLIDATED COMPLIANCE PLAN
Own or operate ASTs above these thresholds: any tank · Incorporating Federal Spill Prevention
capacity is greater than 660 gallons or the total capacity Control and Countermeasure (SPCC)
for the facility is greater than. 1,320 gallons. Elements pursuant to 40 CFR Part 112
F. HAZARDOUS WASTE: v' EPA ID number--provide on this page
1. Generate hazardous waste? OYES ONO
2. Recycle more than 100 kg/mo of recyclable materials at OYES ONO 13 v~ RECYCLING FORM
the same location it was generated?
3. Recycle more than 100 kg/mo of recyclable materials at OYES ONO 14 v' RECYCLING FORM
an offsite location different from the point of generation?
4. Treat Hazardous Waste on site? OYES ONO 15 ¢ TP FACILITY FORM (DTSC Form 1772)
5. Subject to Financial Assurance requirements? OYES ONO ~6 v' CERTIFICATION OF FINANCIAL ASSURANCE
6. Consolidate Hazardous Waste generated at a remote OYES ONO l? v' REMOTE WASTE / CONSOLIDATION SITE
site? NOTIFICATION FORM
G. PERMIT CONSOLIDATION ZONE: OYES ONO 18 ¢ CONSOLIDATED COMPLIANCE PLAN
Intend to consolidate other Cai/EPA agency permits? · Incorporating all other environmental
(if yes, please complete Section III and attach) permit requirements per 27 CCR 10410
NOTE: ::" · · ·
V If you checked YES to any p~rt of Sections' IIA-iiG ab°~,='th~r~ i~: ~dditi~n to the form~ requested· above, please Submit OES Form 2730.
UPCF (7/99) S:~CUPAFO RMS'~ACTIVI'FY.wpd
.... CITY OF BAKERSFIELD
OFFIC DF ENVIRONMENTAL SER CES
1715 Chester Ave., Bakersfield, CA 93301 (661) 326-3979
RECYCLABLE MATERIALS REPORT
FOR EXCLUDED OR EXEMPTED MATERIALS ONLY
, j,
FACILITY ID # , ~i~i .... 'I~I' 1 E PA ' D ~./~ ~)~.~,/?C///.,~_/~_~'
BUSINESS NAME (Same as FACILITY NAME or DBA - Doin9 Business As)
DATES OF REPORTING BEGINNING DATE 500 ENDING DATE
Page of
501
',~,,~ ,,.::~< '.,; ~:~:~:¥~O~~' ;5: ' c.;~.,~'~:~'~:;', ' , , , '': ,' . ,:'- ~,,, .... ~ ~- :;,'- ' , '
1. Do you recycle more than 100 kg/month of excluded or OYES (~NO so2 v' If YES you are both the generator and recycler.
exempted recyclable material at the same location at which the
material was generated (onsite recycling)?
Do you recycle more than 100 kg/month of non-manifested,
excluded recyclable materials received from an offsite location
(offsite recycling)?
OYES ~-~'0
5O3
Complete one Recyclable Materials Report. Do
not complete Pads II and V.
If YES, you are an off=site recycler but not the
generator. Complete a Recyclable Materials
Report for each generator that sends you
materials.
- Businesses that only send recyclable materials to an offsite recycler are not required to file this report. --
OffSl~ GENE~TOR OF RECYC~BLE ~TERIAL 5~ OFFSI~ GENE~TOR EPA ID ~ 505
STREET ADDRESS 506 [PHONE 507
~ILING ADDRESS (IF DIFFERS) ,'. 511
CITY 512 STATE 513 ZIP CODE 514
I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system
designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who
manage the system, or those directly responsible for gathering the information, the information is to the best of my knowledge and belief, true, accurate,
and complete.
SIGNATURE OF CERTIFIER
DATE 515 NAME OF DOCUMENT PREPARER
NAME OF SIGNER (print) 517 I TITLE OF SIGNER .,~ 518
TOTAL NUMBER OF RECYCLABLE MATERIALS 519 Page of
516
UPCF (7/99) S:\CU PAFORMS\recycle.doc
Recyclable Materials Biennial Report Page I
Complete this report if you recycle more than 100 kilograms per month of recyclable material under a claim that the
material qualifies for an exclusion or exemption pursuant to HSC §25143.2. Facilities that recycle at the same location
at which the material was generated (onsite recyclers) and facilities that recycle materials generated at an offsite location
(offsite recyclers) must complete a report. Persons who send materials to another location to be recycled, and who do not
recycle material onsite under a claim to an exclusion or exemption provided in HSC § 25143.2, need not complete a
report.
Offsite recyclers must complete one report for each generator from whom they receive recyclable materials. Complete
a separate Page 2 of the Report for each recyclable material. When this report is submitted, provide a copy of the
completed report to the generator of the material recycled.
Refer to HSC §25143.10 for reporting requirements for recyclers.
(Note: the numbering of the instructions follows the data element numbers that are on the UPCF pages. These data
element numbers are used for electronic submission and are the same as the numbering used in 27 CCR, Appendix C,
the Business Section of the Unified Program Data Dictionary.)
Please number all pages of your submittal. This helps your CUPA or local agency identify Whether the submittal is
complete and if any pages are separated.
1. FACILITY ID NUMBER - Leave this blank. This number is assigned by the CUPA. This is the unique number that
identifies your facility.
2. EPA ID 'NUMBER - Enter your facility's 12-character U.S. Environmental Protection Agency (U.S. EPA) or California
Identification number. For facilities in California, the number usually starts with the letters "CA". If you do not
have a number contact the DTSC Telephone Information Center at (916) 324-1781, (800) - 61-TOXIC or
(800) 61-86942, to obtain one.
3. BUSINESS NAME - Enter the full legal name of the business.
500. BEGINNING DATE OF REPORTING PERIOD - Enter the beginning date of the reporting period for this report. This
report is for two calendar years and is due on July 1 of every even-numbered year.
501. ENDING DATE OF REPORTING PERIOD - Enter the ending date of the reporting period for this report.
502. ONSITE RECYCLING - Check "Yes" if the recycling facility recycles more than 100 kilograms per month of
recyclable material generated onsite under a claim that the matedal qualifies for an exclusion or exemption
pursuant to
HSC §25143.2. Check "No" if the recycling facility does not recycle onsite.
503. OFFSlTE RECYCLING - Check "Yes" if the recycling facility recycles more than 100 kilograms per month of
recyclable material under a claim that the matedal qualifies for an exclusion, or exemption pursuant to
HSC §25143.2, and'that material was received from one or more offsite locations. Check "No" if the recycling
facility does not recycle matedal generated offsite.
OFFSITE GENERATOR NAME - If the generator is different from the recycler, enter the name of the person that
generated the recyclable material. Complete a separate report for each generator.
OFFSlTE GENERATOR EPA ID NUMBER - Enter the generator's 12-character U.S. Environmental Protection
Agency (EPA) identification number. If the generator needs but does not yet have an identification number,
the owner or operator can contact the Telephone Information Center at (916) 324-17~81.
OFFSITE GENERATOR STREET ADDRESS I Complete items 506 - 510 for each generator of recyclable
OFFSlTE GENERATOR PHONE NUMBER I material.
OFFSITE GENERATOR CITY
OFFSITE GENERATOR STATE
OFFSITE GENERATOR ZIP CODE
504.
505.
506.
507.
508.
509.
510.
511. OFFSITE GENERATOR MAILING ADDRESS
512. CITY FOR MAILING ADDRESS
513. STATE FOR MAILING ADDRESS
514. ZIP CODE FOR MAILING ADDRESS
Complete items 5'11 - 514 if the mailing address for the offsite
generator is different from the street address.
515.
516.
517.
518.
SIGNATURE OF CERTIFIER - The business owner/operator of the recycling facility shall sign in the space provided.
· This signature certifies that'the signer believes that the information submitted is true, accurate, and complete.
DATE CERTIFIED - Enter the date that the certification was signed.
NAME OF DOCUMENT PREPARER - Enter the name of the person who prepared the report.
CERTIFIER NAME - Enter the full printed name of the certifier.
CERTIFIER TITLE - Enter the title of the person signing the report.
UPCF (1/99 revised) 17
CITY OF BAKERSFIELD ~~,~~
OFFI~ OF ENVIRONMENTAL SEI~CES
1715 Chester Ave., Bakersfield, CA 93301 (661) 326-3979
RECYCLABLE MATERIALS REPORT
FOR EXCLUDED OR EXEMPTED MATERIALS ONLY
521 523
RECYCLABLE 520 COMMON NAME OF RECYCLABLE, MATERIAL
MATERIA' NUMBER /~7-~ 5/--//~u/,~ ~
RECYCLABLE MATERIAL DESCRIPTION
QUANTITY DURING TWO YEAR
REPORTING PERIOD
522 UNITS [] a. Gallons
"'~. Pounds
[] c. Tons
[] d. Kilograms
524
.ECYCL,.G PROCESS^NO BE.EF,C,^L USE OF RECVCLAS'E MATER,^' ~,,~r'~r~, 5'c,-~,,~ .~,,~
525
AUTHORIZING PROVISION OF 526 BASIS FOR CLAIM TO AN EXCLUSION OR EXEMPTION 527
HSC SECTION 25143.2
2
3
4
Only C°mPle~e if recYclable':~tedaI w~ Used'b rn~e, ° r ~bbstttuie::for a ProduCt: and operating pursuant to HSC Section 25143.2(b)
HAZARDOUS CONSTITUENT LIST FINAL PRODUCT(S)
HAZARDOUS CONSTITUENT In Recyclable Material In Final Product MADE FROM THIS RECYCLABLE MATERIAL
AND BENEFICIAL USE OF FINAL PRODUCT(S)
"' 528 i 529 ' 531 533
UNITS 530 UNITS 532
[] a. perce~t [] b. ppm r"i a. percent [] b. ppm
534 535 537 539
UNITS 535 UNITS 538
... [] a. percent [] b. ppm [] a. percent [] b. ppm
54O 541 543 545
UNITS 542 UNITS 544
[] a. perce~t [] b. ppm i-I a. percent [] b.
546 547 549 551
UNITS 548 UNITS 550
[] a. perce~t t-J b. ppm [] a. percent [] b. ppm
If more ~han four constituents are recycled, attach additional sheets using this same format.
': :: ::" :. ',}'::',' :' V. DOCUMENTATION OFKNOWN MARKET(offsite recycle/'s only)
552
DOCUMENTATION IS ATTACHED: Offsite mcyclers must attach documentation that them was a known market for disposition
of the recyclable material and any products manufactured from the recyclable material and provide a copy of this report to the
generator when Ihe report is submitted to the CUPA. (HSC Section 25143,10(a)(3)(A) )
UPCF (7~99) S:\CUPAFORMS\recycle.doc
Recyciable Materials Biennial Report Page 2
Complete a separate Page 2 of the Report for each recyclable material.
(Note: the numbering of the instructions follows the data element numbers that are on the UPCF pages. These data element numbers are used for
electronic submission and are the same as the numbering used in 27 CCR, Appendix C, the Business Section of the Unified Program Data Dictionary.)
Please number all pages of your submittal. This helps your CUPA or AA identify whether the submittal is complete
and if any pages are separated.
519. TOTAL NUMBER OF RECYCLABLE MATERIALS - Enter the total number of recyclable materials which will be described in this report. Complete
a separate Report Page 2 for each recyclable material and verify that the number of pages is the same as the total number listed here.
520. RECYCLABLE MATERIAL NUMBER - Enter the unique identification number of the recyclable material that is described on this page. The
recyclable materials can be numbered sequentially, or by any other system as
long as the numbers are not repeated or duplicated.
521. COMMON NAME (RECYCLABLE MATERIAL) - Enter the common name'of the material recycled. This is the
same as item' 207, the Common Name on the Hazardous Materials Inventory - Chemical Description page.
522. QUANTITY DURING TWO YEAR REPORTING PERIOD - Enter the total quantity of this recyclable material
recycled during the two-year reporting pedod. Round to nearest decimal. In this case, 1.4 tons = 1 ton reported.
523. UNITS - Enter the unit of measure for the quantity reported in item 522.
524. RECYCLABLE MATERIAL DESCRIPTION - Describe the recyclable material that was used in the recycling process, if not described in item 521, COMMON NAME.
525. RECYCLABLE MATERIAL PROCESS DESCRIPTION - Describe the recycling process and, if the recyclable material was used to provide a
product, or was used as a substitute for a product, describe the beneficial use of the recyclable material.
526, AUTHORIZING PROVISION OF HSC SECTION 25143.2 - Enter the subdivision(s), and subparagraph(s) (if
applicable) of HSC §25143.2 that served as the basis for the claim to exemption or exclusion. For example:
HSC §25143.2(d)(2)(C).
527. BASIS FOR CLAIM TO EXCLUSION OR EXEMPTION - Explain the basis for the claim to an exclusion or exemption.
528. HAZARDOUS CONSTITUENT 1-4 - Descdbe up to four hazardous constituents ofthe recyclable material (use common name, if appropriate). If
more than four constituents of the recyclable material are recycled, attach additional sheets using the same format as on the UPCF. (Report
for constituents 2 through 4 in 534, 540,
and 546.) ..
529. CONCENTRATION RECYCLABLE MATERIAL 1-4 - Enter the concentrations of Up to four hazardous constituents of the recyclable material as a decimal number. (Report for constituents 2 through 4 in 535, 541, and 547.)
530. UNITS RECYCLABLE MATERIAL 1-4 - Enter the unit of measure of the concentration that is most appropriate,
for up to four hazardous constituents of the recyclable material. (Report for constituents 2 through 4 in 536, 542,
and 548.) ..
531. CONCENTRATION FINAL PRODUCT 1-4 - Enter the concentrations in the final product of up to four hazardous constituents of the recyclable
material as a decimal number. (Report for constituents 2 through 4 in 537, 543,
and 549.) ' -
532. UNITS FINAL PRODUCT 1-4 - Enter the unit of measure of the concentration in the final product, for up to four hazardous constituents of the
recyclable material. (Report for constituents 2 through 4 in 538, 544, and 550.)
533. FINAL PRODUCT/U..SES FOR CONSTITUENT 1-4 - Describe the final product(s) that resulted from the recycling process and how each product
was beneficially used. (Report for constituents 2 through 4 in 539, 545, and 551 .)
552. DOCUMENTATION - For offsite recyclers, check the box to indicate that documentation of known market is provided. Documentation is required
pursuant to HSC §25143.10(a)(3)(A) to show that there was a known market for disposition of the recyclable material and any products
manufactured from it.
UPCF (1/99 revised) 19
ri Postage $
I.~
Certified Fee
Postmark
_11 Return Receipt Fee 1.5 [ Here
i-1 (Endorsement Required)
r-1 Restricted Delivery Fee
1:::3(Endorsement Required)
r-1 Total Postage & Fees $ 3.9 /
u'l I Sent To I
4[ Chester C Moland CEO J
c= i~;~;z/,',:'~:;'~;'~a"~;;;,'~: ........................................................... /
_/ 1830 Co]_dea St.a..~...e....~..~.~.a.Z .............................. .I
III I
· C~. ~,ete items 1, 2, and 3. Also complete
ite~11"~ if Restricted Delivery is desired.
· Print your name and address on the reverse
so that we can return the card to you.
· Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
Chester C Moland CEO
Golden Empire Transit District
1830 Golden State Highway
Bakersfield CA 93301
II A. R~eived by (Ple, ase Print Clearly) Delivery
1~~[~ Agent
Addressee
[] Yes
II If YES, enter deliver~ddress below: [] No
I 3. Service Type
[ [~[(~l~rtified Mail [] Express Mail
[ [] Registered [] Return F
1--1 Insured Mail [] C.O.D.
4. Restricted Delivery? (Extra Fee)
[] Return Receipt for Merchandise
[] Yes
2. Article Number (Copy from service label)
/~00 1530 0006 3456 308___9
PS ~'~"~/"~ ~: Jul~"~ 199--~' Domestic Return Receipt
102595-00-M-0952
D
November 7, 2001
FIRE CHIEF
RON FRAZE
ADMINISTRATIVE SERVICES
2101 "H" Street
Bakersfield, CA 93301
VOICE (661) 326-3941
FAX (661) 395-1349
SUPPRESSION SERVICES
2101 "H' Street
Bakersfield, CA 93301
VOICE (661) 326-3941
FAX (661) 395-1349
PREVENTION SERVICES
1715 Chester Ave.
Bakersfield, CA 93301
VOICE (661) 326-3951
FAX (661) 326-0576
ENVIRONMENTAL SERVICES
1715 Chester Ave.
Bakersfield, CA 93301
VOICE (661) 326-3979
FAX (661) 326-0576
TRAINING DIVISION
5642 Victor Ave.
Bakersfield, CA 93308
VOICE (661) 399-4697
FAX (661) 399-5763
Agent for Service of Process:
Chester C. Moland, Chief Executive Officer
Golden Empire Transit District
1830 Golden State Highway
Bakersfield, CA 93301
GOLDEN EMPIRE TRANSIT DISTRICT, DOCKET NO.: 2001-06
To whom it may concern:
Enclosed please find an Enforcement Order and related documents
concerning violations of Chapter 6.5 of Division 20 of the California Health
and Safety Code. This Enforcement Order pertains to the illegal disposal of
hazardous waste fi.om the brake lathe metal dust and machining waste and
does not preclude this Office from taking additional enforcement and
compliance action.
As indicated in the enclosures, you have a right to a heating. Whether or not
you choose to pursue an appeal, you are encouraged to explore the possibility
of settlement by contacting me at 1715 Chester Avenue, Suite 300,
Bakersfield, CA 93301, telephone (661) 326-3979.
Sincerely,
Director of Prevention Services
Enclosures
Certified Mail No.:-tt~ 16'x25 c~ Bq~ ~599f1
STATE OF CALIFORNIA
CITY OF BAKERSFIELD
CERTIFIED UNIFIED PROGRAM AGENCY
In the Matter of:
GOLDEN EMPIRE TRANSIT DISTRICT
a California special transit district
Respondent.
Docket No.: 2001-06
NOTICE OF DEFENSE
Health and Safety Code Section 25187(d)
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 headng 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)
S:~NOV 2001\NotlceofDefense(GET).wpd
(Telephone Number)
STATE OF CALIFORNIA
CITY OF BAKERSFIELD
CERTIFIED UNIFIED PROGRAM AGENCY
In the Matter of:
GOLDEN EMPIRE TRANSIT DISTRICT
a California special transit district
Respondent.
Docket No.: 2001-06
NOTICE OF DEFENSE
Health and Safety Code Section 25187(d)
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)
8:~NOV 200 l~lot~ _~_ .~fen~e(G ET).wpd
(Telephone Number)
~O'V'~ll2~q'[' COD~
Sec2ion 1~507.5. F~clusivi2~ of d~scove=~ prov~sions
The provisions of Section 11507.6 provide the exclusive
right to and method of discovery as to any proceeding governed by
this chapter.
Section 11507.6. Xe~uest for discovez~
After initiation of a proceeding in which a respondent or
other party is entitled to a hearing on the merits, a party, upon
written request' made to another party, prior to the hearing and
within 30 days after service by the agency of the initial
pleading or within 15 days after such service of an additional
pleading, is entitled to (1) obtain ~he names and addresses of
witnesses to the extent known to the other party, including, but
not limited to, those intended to be called to testify at the
hearing, and (2) inspect and make a copy of any of the following
in the possession or custody or under the control of the o~her
party: "
(a) A statement of a person, other than the respondent,
named in the initial administrative pleading, or in any
additional pleading, when it is claimed that the act or omission
of the respondent as to such person is the basis for the
administrative proceeding;
(b) A statement pertaining to the subject matter of the
proceeding made by any party to another party or person;
(c) Statements of witnesses then proposed to be called by'
the party'and of other persons having personal knowledge of the
acts, omissions or events which are the basis for the proceeding,
not included in (a) or (b) above;
Cd) Ail writings, including, but not limited to, reports of
mental, physical and blood examinations and things which the
party then proposes to offer in evidence;
(e) Any other writing or thing which is relevant and which
would be admissible in evidence;
5
(f) Investigative reports ~ade by or on behalf of the
agency or o~her party pertaining to =he subject ma=tar of =he
proceeding, to the extent that such reports (1) contain the names
and addresses of witnesses or of persons having personal
knowledge of the ac=s, omissions or events which are the basis
for the proceeding, or (2) reflect matters perceived by the
investigator in the course of his or her investigation, or (3)
contain or include by attachment any statement or writing
described in (a) to (e), inclusive, or sommary thereof.
For the purpose of this section, "statements" include
written statements by the person signed or otherwise
authenticated by him or her, stenographic, mechanical, electrical
or other recordings, or transcripts thereof, of oral statements
by the person, and written reports or summaries of such oral
statements.
Nothing in this section shall authorize the inspection or
copying of any writing or thing which is privileged from
disclosure by law or otherwise made confidential or protected as
the attorney's work product.
(g) In any proceeding under subdivision (i) or (j) of
Section 12940, or Section 19572 or 19702, alleging conduct which
constitutes sexual harassment, sexual assault, om 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.
Sanctions
Petition to compel discovery; Order;
(a) Any party claiming his request for discovery pursuant
to Section 11507.6 has not been complied with may serve and file
a verified petition to compel discovery in the superior court for
the county in which the administrative hearing will be held,
naming as respondent the party refusing or failing to comply with
Section 11507.6. The petition shall state facts showing the
respondent party failed or refused to comply with Section
11507.6, a description of the matters sought to be discovered,
the reason or reasons why such matter is discoverable under this
section, and the ground or grounds of respondent's refusal so far
as known to petitioner.
¢l/~J)
(b) The petition shall be served upon respondent party and
filed within 15 days after the respondent party first evidenced
his failure or refusal to comply with Section 11507.6 or within
30 days after request was made and the party has failed to reply
to the request, whichever period is longer. However, no petition
may be filed within 15 days of the date set for commencement of
the administrative hearing except upon order of the court after
motion and notice and for good cause shown. In acting upon such
motion, the court shall consider the necessity and reasons for
such discovery, the diligence or lack of diligence of the moving
party, whether the granting of the motion will delay the
commencement of the administrative hearing on the date set, and
.the possible prejudice of such action to any party.
(c) If from a reading of the petition the court is
satisfied that the petition sets for~good cause for relief, the
court shall issue an order to show cause directed to the
respondent party; otherwise th~ court shall enter an order
denying the petition. The order to show cause Shall be served
upon the respondent and his attorney of record i~ 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
is 'entitled to discover under Section 11507.6. A copy of the
order shall forthwith be served by mail by the clerk upon the
parties. Where the order grants the petition in whole or in
part, such order shall not become effective until 10 days after
the date the order is served by the clerk. Where the order
denies relief to the petitioning party, the order shall be
effective on the date it is served by the clerk.
(h) The order of the superior court shall be final and not
subject to review by appeal. A party aggrieved by such order, or
any par~ ~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 se= aside or o~herwise modify its order. Where such
review is sough= from an order granting discovery, the order of
the ~rial court and ~he adminis~ra=ive proceeding shall be stayed
upon ~he filing of the petition for writ of mandamus, provided,
however, the ¢our~ of appeal may dissolve or modify the stay
thereafter if it is in the public interest to do so. Where such
review is sought from a denial of discovery, neither the trial
court's order nor the administrative proceeding shall be stayed
by the cour~ of appeal except upon a clear showing of probable
error.
(i) Where the superior court finds that a party or his
attorney, without substantial justification, failed or refused to.
comply with Section 11507.6, or, without.substantial
justification, filed a petition to compel discovery pursuant to
this section, or, without substantial, justification, failed to
comply with any order of court made pursuant to this section, the
court may award court costs and reasonable attorney fees to the
opposing party. Nothing in this subdivision shall limit the
power of the superior court to compel obedience to its orders by
contempt proceedings.
8
STATE OF CALIFORNIA
CITY Of BAKERSFIELD
CERTIFIED UNIFIED PROGRAM AGENCY
In the Matter of:
GOLDEN EMPIRE TRANSIT DISTRICT
a California special transit district
Respondent.
Docket No.: 2001-06
STATEMENT TO RESPONDENT
Enforcement Order
TO THE ABOVE RESPONDENT:
An Enforcement Order ("Order") is attached to this statement and is hereby served
upon you. The Order has been filed by the City of Bakersfield, Certified Unified Program
Agency ("CUPA").
Unless a written request for a hearing signed by you or on your behalf is delivered
or mailed to CUPA within fifteen (15) days after you have received a copy of the Order, you
will be deemed to have waived your right to a hearing in this matter. If you do not file a
timely hearing request, the Order becomes final automatically.
The' request for a hearing may be made by delivering or mailing one copy of the
enclosed form entitled "Notice of Defense" or by delivering or mailing a Notice of Defense
as provided in Section 11506 of the Government Code to:
Mr. Walter H. Porr, Jr.
Deputy City Attorney
City Attorney's Office
City of Bakersfield
1501 Truxtun Avenue
Bakersfield, California 93301
Telephone: (661) 326-3721
The enclosed Notice of Defense, if signed and filed with CUPA, is deemed a specific
denial of all parts of the Order, but you will not be permitted to raise any objection to the
form of the Order unless you file a further Notice of Defense as provided in Section11506
of the Government Code within fifteen (15) days after service of the Order upon you.
If you file a Notice of Defense within the time permitted, a hearing on the allegations
made in the Order will be conducted by the Office of Administrative Hearings of the
Department of General Services in accordance with the procedures specified in Health and
Safety Code section 25187 and Government Code sections 11507, et seq.
The hearing may be postponed for good cause. If you have good cause, you must
notify CUPA within ten (10) working days after you discover the good cause. Failure to
notify CUPA within ten (10) working days will deprive you of a postponement.
Copies of Government Code Sections 11507.5, 11507.6 and 11507.7 are attached.
If you desire the names and addresses of witnesses or an opportunity to inspect and copy
items in possession, custody or control of CUPA, you may contact:
Mr. Walter H. Porr, Jr.
Deputy City Attorney
City Attorney's Office
City of Bakersfield
1501 Truxtun Avenue
Bakersfield, California 93301
Telephone: (661) 326-3721
Whether or not you have a hearing, you may confer informally with CUPA to discuss
the alleged facts, determinations, corrective actions and penalty. An informal conference
does not, however, postpone the fifteen (15) day period you have to request a hearing on
the Order. An informal conference may be pursued simultaneously with the hearing
process.
2
You may, but are not required, to be represented by counsel at any or all stages of
these proceedings.
INFORMAL CONFERENCE
If you wish to discuss this matter with CUPA, an Informal Conference has been
scheduled for:
Date:
Time:
Location:
Tuesday, November 20, 2001
10:00 AM
Office of Environmental Services
1715 Chester Avenue
Bakersfield, California 93301
(661) 326-3979
You may inform CUPA at the conference whether you wish to pursue a formal
hearing or waive your right to a formal hearing, as explained below..
FORMAL HEARING RIGHTS
YOU MUST FILE A WRITTEN REQUEST FORA HEARING WITHIN FIFTEEN (15)
DAYS IF YOU WISH TO HAVE A FORMAL HEARING.
S:~NOV 200 l~StatementToRespondent(GET).wpd
3
STATE Of CALIFORNIA
CITY OF BAKERSFIELD
CERTIFIED UNIFIED PROGRAM AGENCY
In the Matter of:
GOLDEN EMPIRE TRANSIT DISTRICT
a California special transit district
Respondent.
Docket No.: 2001-06
ENFORCEMENT ORDER
Health and Safety Code Section 25187
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 Golden Empire Transit District, a California special transit district.
1.2. Site. Respondent generated, handled, treated, stored, and/or disposed of
hazardous waste at the following site(s), including, but not limited to: 1830 Golden State
Highway, Bakersfield, California 93308.
1.3 Generator. The Respondent generated the following hazardous wastes:
metal dust and machining waste, a "listed" hazardous waste (California Waste Code
Number 172) pursuant to Title 22 of the California Code of Regulations (CCR), Section
66261.126 Appendix XII (b).
1.4 Jurisdiction. Section 25187 of the Health and Safety Code (HSC) authorizes
the CUPA to order action necessary to correct violations and assess a penalty when the
CUPA determines that any person has violated specified provisions of the Health and
Safety Code or any permit, rule, regulation, standard, or requirement issued or adopted
pursuant thereto.
DETERMINATION OF VIOLATIONS
2. The CUPA hereby determines that Respondent violated:
2.1 The Hazardous Waste Control Law (California Health and Safety Code
section 25100, et seq, to wit: section 25189.5. Disposal, treatment or storage at, or
transportation to, facilities without permits or at unauthorized points. On August 1, 2001,
a hazardous waste generator inspection was conducted at the site for compliance with
regulatory standards as well as assessing the potential for environmental contamination
associated with a recent unauthorized release of diesel fuel at the fuel dispenser.'
2.2 On August 3, 2001, a notice to comply was issued to the facility, ordering a
hazardous waste determination to be made for the brake lathe metal dust and machining
waste which was being regularly disposed of into the municipal trash.
2.3 On August 28, 2001, laboratory results from the sample of brake lathe metal
dust confirmed that the waste is considered a hazardous waste in California, due to the
high concentrations of total Chromium, an inorganic persistent and bioaccumulative toxic
metal.
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 propedy transport and
dispose of the hazardous waste by a State licenced hazardous waste hauler within thirty
2
(30) days from the effective date of this Order. Respondent shall submit a schedule for
and description of the proposed transportation and disposal for the CUPA's approval within
fifteen (15) days from the effective date of this order.
3.2 Submittals. A copy of the schedule for and description of the hazardous
waste transportation and disposal by a licenced hazardous waste hauler shall be sent to
the CUPA, in care of:
Mr. Ralph Huey
Director of Prevention Services
City of Bakersfield
1715 Chester Avenue
Bakersfield, California 93301
3.3 Communications. All approvals and decisions of the CUPA made regarding
submittals and notifications will be communicated to Respondent in writing by the Director
of Environmental Services, or his/her designee. No informal advice, guidance,
suggestions, or comments by the CUPA regarding reports, plans, specifications,
schedules, or any writings by the Respondent shall be construed to relieve Respondent
of the obligation to obtain such formal approvals as may be required.
3.4 CUPA Review and Approval. If the CUPA determines that the schedule,
or other submitted for approval pursuant to this order fails to comply with the order or fails
to protect public health or safety or the environment, the CUPA may:
Modify the document as deemed necessary and approve the document as
ao
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 tothe CUPA a revised document incorporating the recommended changes.
3
3.5 Compliance with Applicable Laws. Respondent shall carry out this Order in
compliance with all local, State, and federal requirements, including but not limited to
requirements to obtain permits and to assure worker safety.
3.6 Endangerment during Implementation. In the event that the CUPA
determines that any circumstances or activity (whether or not pursued in compliance with
this Order) are creating an imminent or substantial endangerment to the health or welfare
of people on the site or in the surrounding area or to the environment, the CUPA may order
Respondent to stop further implementation of this Order for such period of time as needed
to abate the endangerment. Any deadline in this Order directly affected by a Stop Work
Order under this section shall be extended for the term of the Stop Work Order.
3.7 Liability. Nothing in this Order shall constitute or be construed as a
satisfaction or release from liability for any conditions or claims arising as a result of past,
current, or future operations of Respondent...other than those violations alleged in section
2 of this order. Notwithstanding compliance with the terms of this Order, Respondent may
be required to take further actions as are necessary to protect public health or welfare or
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
4
shall be preserved by Respondent for a minimum of three years after the conclusion of all
activities under this Order. If the CUPA requests that some or all of these documents be
preserved for a longer period of time, Respondent shall either comply with that request,
deliver the documents to the CUPA, or permit the CUPA to copy the documents prior to
destruction.
3.9 Government Liabilities. The City of Bakersfield shall not be liable for injuries
or damages to persons or property resulting from acts or omissions by Respondent or
related parties in carrying out activities pursuant to this Order, nor shall the City of
Bakersfield be held as a party to any contract entered into by Respondent or its agents in
carrying out activities pursuant to the Order.
3.10 Additional Enforcement Actions. By issuance of this Order, the CUPA does
not waive the right to take further enforcement actions.
3.11 Incorporation of Plans and Reports. All plans, schedules, and reports that
require CUPA approval and are submitted by respondent pursuant to this Order are
incorporated in this Order upon approval by the CUPA.
3.12 Extension Request. If Respondent is unable to perform any activity or submit
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'alsosubject Respondent to costs, penalties, and/or punitive damages for any costs
5
incurred by the CUPA or other government agencies as a result of such failure, as provided
by the California Health and Safety Code (HSC) section 25188 and other applicable
provisions of law.
3.15 Parties Bound. This Order shall apply to and be binding upon Respondent,
and its officers, directors and agents, including but not limited to individuals, and upon the
CUPA and any successor agency that may have responsibility for and jurisdiction over the
subject matter of this order.
PENALTY
The CUPA assesses a penalty of $ 3,937. Payment of the total penalty of
$ 3,937 is duewithin 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
e
This Order is final and effective upon execution by the City and Respondent.
"Days" for purposes of this Order means calendar days.
6
Date of Issuance: November 7, 2001.
Mr. Ralph Huey
Director of Prevention Services
City of Bakersfield
Date
Golden Empire Transit District
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:\NOV 200 l~EnforcementOrder(G ET).wpd
PROOF OF SERVICE
ADMINISTRATIVE ENFORCEMENT ORDERS
CITY OF BAKERSFIELD
OFFICE OF ENVIRONMENTAL SERVICES
1715 Chester Av. Ste. 300 Bakersfield, CA 93301
(661) 326-3979
I served the
a.
Enforcement Order
Statement to Respondent
2 Blank Notice of Defense Forms
Other
(specify): ~c.~5"- Cc>O~- ~
bo
On Respondent (Name):
Docket No.: ~ I - C~
Co
By serving: ~ Respondent
Other (Name and Title or relationship to
Respondent): ~ Ct-~Tr--a. C, ri,torSO,
ao
By personally delivering copies to
(address):
at (time): on (date):
By mailing copies by first-class certified mail, Certified Mail Receipt
No.:~lO00 I~bO 000~ 3q~tt, 5t~etum receipt requested, in a sealed
envelope addressed to:
o
My name, business address, and telephone number are:
Bakersfield Fire Department
Office of Environmental Services
1715 Chester Avenue, Suite 300
Bakersfield, CA 93301
(661) 326-3979
I declare under penalty of Rerju.ry., ,, that the forgoing is true and correct and that this declaration is
executed on (date) ~ ti'? t/o ~ at (place) Bakersfield, California.
!
S:XEN~OaC~N* ~OmS~P~oo~of S,~vi~¢ ~orm.wpd (Signature)
08:B2A Zalco Laboratories, Inc.
66]-395-3069
ZALCO t_~BOF:::IATC)I:::III:=I~, INC,
AmaJyl:ical ~, Cor~sulcfn~ ~erviC~e
4;308 Armour. Avenue
Bakersfieid, California 9330B
P.O1
DATE:
ACCOUNTS RE, CE[ VAE I,E
REG AR. DIN(';: INVOIC I~#
NUMBER OF PAGES SENT~__ * COVER SHEET
IF TItlS 'I']iA~$NiISSION WAS NOT COMPLETE, PLEASE GIVE ME A (:ALL.
TI!ANICS
Zalco Laboratories, Inc. 661-395-3069
Attention: Bill ScJ"oguin~
SamD1 e Ty~e: Sol 4...'1
FAX
P
Date Received:
Date Reported~
Contract No. :
Date Sampled
Time Sampied
CAM - Title 22, Chapte~ 30 Article Ii
Unit · TTLC D~R
(061) $$5-0539
(661) ~95-306S
Total
Concenzz'a~ion
0108106-2
o81o9/o~
OalZ?Io~
30061
os/os/o%
Antimony, Sb
Arsenic, As
BerylliUm, Be
Cadmium, Cd
Copper, Cu
bea~, ~b
~rcury, ~g
Silver, ~
Thallium, ~.'1
Vaz[adium, V
Zinc, Z~
75 m~/k~
~ 0.~ mg/k~ 75
~ 0.5 m~/kg
3GO0 m~/k~ 2500
4'! mg/k~
i£00 mg/kg 2~00
17 m~/k~
< O.lO m~/k~
120 mg/k9 ]500
GOO ~g/kg 2000
< 2.5 m~/k9
7.0 mg/kg 500
;~5 m~/kg 700
?4 mg/k~ 5000
5.0 G010A
0.5 6D10A /I
0.5 6010A
125 ~0i0A
5.0
~2s 6010A /I
2.5
0.I0 7~71~ /J,
5.0 50i0A /1
2.5 B01OA /1
1.0 60~0A /1
5.0 601.0A
2.5 ~010A
OS:B3A Zalco Laboratories,
Inc. 661-3gB-306g
ZA!.._CO L. > BORAT'O IES, INC.
Actent ion: Bill
Sample Type: Solid
Labora~ury No:
Da=e
Da~e
Time Sampled
Sampled by Steve
CAM - Title 22, Chapter 30 Ar=icle II
Cons~ituen=s
ITC)
P.02
FAX [861!
010~I06-1
]1~30
Unito TTLC DLR Me~hOd/Ref
Total ConCentration
A~t~mony,
Arsenic, As
Beryllium,
Cadm/um, cd
Chro~ium, Cr
Cobalt, C~
CoDper, Cu
Lead,
Mercux'y,
Molybdenum,
Nickel,
Silver, A9
Thallium, Ti
Vanadium, V
Zinc,
1800
~' 0 5
,:: 0
<50
< ~,S
< 25
mg/kg 500 10 ~010A /1
mg/kg 500 1.0 6Ol0A /1
mg/k9 10000 250 6010k /1
mg/kg ~5 0.5 ~D~0A /1
mg/k~ 100 0,5 6010A
~g/k9 2500 2.5 6010A /1
m~/kg 8000 5.0 60~OA /1
mg/k~ 2500 ir5 ~0~QA
mg/kg ]000 2.5 601QA /1
mg/k~ 20 O.ZO '/471~ /i
~/k~ 3500 5,0 60~0A
m~/kg 2000 2.5 6010A /1
mg/kg I00 2.5 G0tQA
~g/k~ 500 ~,o ~O~OA
mg/kg ~0~ 25
n~g/k9 240~ 5.0 60ZOA
mg/kg 5000 125 a010A
Date AnaLyzed: 08/~2/01
CC:
1. ~;A ~#'84~. 39~4 ~rct ~dlt loll
/ /
Bakersfield, CA
08:53A Zalco Laboratories, ThC. 661-395-3069
7_,a, LO 0 [,_ZkBORATORIES,
.~m~lytical ~ O~m~ul~;ing Ssrvice~
4~Og Armour Avenue
Bakersfield, California 93308
Bill $Cro~ins
P
($$1) 3B5-05:39
FAX (6~1) 395-~069
Labor&t~ry No: 0108106-1
Da:e ~eceived: 0~/09/01
Date Reported: 0~/~7/01
Con~r~t No. : 30061
S~m~le Typc: :~olic~
~rake Pad Shavi~%~
Sampled by Suew~ Howard
('.'.AM - Ti.t.]~ 22, Chapter 30 Article Ir
Extra~!table
Soluble Concennra%~.on
B&riu~, Ba
Copper, Cu
Units STLC 5~LR Method/Ref
~ 0,5 mg/l 25 0.5 6010A
Dat~ Extractca:
Date Analyz~:d~
CC:
08/22/01
+ GOLDEN EMPIRE TRANSIT DISTRICT SiteID: 015-021-001501
+= Full Format Type+Category+Sub-Category+Datel(ASC) Order
+-- One Unified List
+-- INSPECTIONS --+
I HAZARDOUS WASTE GENERATOR COMBINED PROGRAM INSPECTION
IReference Dates Summary Description
WINES 08/01/2001 FOLLOW UP
8-1-01 CHECK BRAKE LATHE DEBRIS, DIESEL LEAK INVESTIGATION.
-1- 11/01/2001
+ GOLDEN EMPIRE TRANSIT DISTRICT
+= Full Format
== SiteID: 015-021-001501 +
Type+Category+Sub-Category+Datel(ASC) Order +
One Unified List +
ENFORCEMENT
I HAZARDOUS WASTE GENERATOR CLASS II VIOLATIONS
IReference Dates Summary Description
WINES 08/03/2001 NOTICE TO ANALYZE BRAKE LATHE WASTE
BRAKE LATHE MACHINE WASTE IS VACUUMED & DISPOSED OF IN DUMPSTER.
NOTICE TO COMPLY W/ WASTE ANALYSIS (CAM-17) DETERMINATION.
ORDERED
i 11/Ol/2OOl
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:XAUG 2001\GET Prelim. Inv. Report.wpd
Report Date:
October 30, 2001
Incident:
Hazardous Waste Generator Inspection
Location:
1830 Golden State Highway. Doing business as Golden Empire Transit
Incident Date:
August 3, 2001
Violation(s):
Section 25189.5. Disposal, treatment or storage at, or transportation to,
facilities without permits or at unauthorized points.
Statute:
California Health and Safety Code, Chapter 6.5
Penalty:
$3,937
Suspect - 1:
Bill Scroggins, Facilities Supervisor
Golden Empire Transit
Narrative:
On August 1, 2001, a hazardous waste generator inspection was conducted
at the site for compliance with regulatory standards as well as assessing
the potential for environmental contamination associated with a recent
unauthorized release of diesel fuel at the fuel dispenser.
I introduced myself to Mr. Scroggins and obtained his permission to
continue the inspection from the diesel fuel dispenser area into the shop. I
observed a metal lathe used for honing brake drums, and a vacuum used to
collect the shavings. Mr. Scroggins informed me that the shavings were
regularly disposed of in the trash dumpster. I asked if a hazardous waste
analysis had been performed on the metal shavings, and Mr. Scoggins
informed me there was none. I issued an inspection report to analyze the
brake lathe debris and also issued a Notice to Comply letter on August 3,
2001 to perform the brake lathe shaving analysis. Laboratory results
submitted to this Office by Mr. Scroggins on August 28, 2001 confirmed
that the brake lathe shavings are a hazardous waste by exceeding the total
allowable concentration of Chromium.
Administrative Enforcement Action - (Golden Empire Transit)
Preliminary Investigation Report
Page 2
Penalty Calculation
Pursuant to Title 22 of the California Code of Regulations
Actual or Potential Harm:
Metal dust containing Chromium is considered a "Minimal" actual
or potential harm. (66272.63(b)(2)(B))
Extent of Deviation:
Illegal disposal of a hazardous waste is considered a "Major"
violation.
(66272.63(c)(2)(A))
Initial Base Penalty:
$10,500 (66272.63(d))
Additional Penalties:
N/A. One-time incident. One day of violation.
(66272.63(e))
Intent (before the fact):
Total Base Penalty:
Multiplier (0.5 to 1.0)
Violation occurred despite good faith efforts to comply with
regulation(s). Downward adjustment of 50%.
(66272.64(a))
$ 5,250
Adjustment Factors:
Cooperation and Effort:
Multiplier (0.75 to 1.0)
$ 3,937
(66272.64(b))
(66272.65(a))
Excellent cooperation (0.75)
Prophylactic Effect:
Multiplier (0.5 to 2.0)
Neutral effect. Penalty should be set sufficient to discourage
improper hazardous waste management practices from continuing.
(Neutral Effect = 1)
$ 3,937
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: $ 3,937
D
August 3,2001
Mr. Bill Scrogins
Golden Empire Transit
1830 Golden State Ave
Bakersfield Ca 93301-1012
FIRE CHIEF
RON FRAZE
ADMINISTRATIVE SERVICES
2101 'H" Street
Bakersfield, CA 93301
VOICE (661) 326-3941
FAX {661) 395-1349
SUPPRESSION SERVICES
2101 "H" Street
Bakersfield, CA 93301
VOICE (661) 326-3941
FAX (661) 395-1 349
PREVENTION SERVICES
1715 ChesterAve. -
Bakersfield, CA 93301
VOICE (661) 326-3951
FAX (661) 326-0576
ENVIRONMENTAL SERVICES
1715 Chester Ave.
Bakersfield, CA 93301
VOICE (661) 326-3979
FAX (661) 326-0576
TRAINING DIVISION
5642 Victor Ave.
Bakersfield, CA 93308
VOICE (661) 399-4697
FAX (661) 399-5763
NOTICE TO COMPLY
RE: Brake Lathe Repair Shop
Dear Mr. Scrogins:
It has recently come to the attention of the Office of Environmental
Services that a California listed waste is being handled at the above referenced
site. "Handle," as is defined in the California Health and Safety Code, Sections
25501 (1) and 25501.3, means to use, generate, process, produce, package, treat,
store, emit, discharge, or dispose of this material in any fashion.
The waste being handled at the site has been identified as a metal dust and
machining waste (California Hazardous Waste Code 172), and if meets certain
criteria, is regulated as a "hazardous waste" in California. Section 66262.11 of
Title 22 of the California Code of Regulations requires that any person handling
such a waste shall determine if it is hazardous according to either its
concentrations, characteristics, or categorical listings within the Title 22
regulations.
Therefore, prior to September 4, 2001, you shall submit to this office
the results of a CAM-17 metals analysis performed by a State licensed laboratory
on the brake lathe debris collected in the vacuum canister bag 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