HomeMy WebLinkAboutHAZ-BUSINESS PLAN 9/25/1991RANDALL L. ABBOTT
DIRECTOR
DAVID PRICE 111
ASSISTANT DIRECTOR
'JRCE MANAGEMENT
4CY
Environmemai Health Se~,ices Department
STEVE McCALLEY, REHS, DIRECTOR
A~r Po~ution Control D~strict
WILLIAM J. RODDY, APCO
Plaflnir~ & Development ~k:es Depar~ent
TED J,~d~.~, AICP, DIRECTOR
ENVIRONMENTAL HEALTH SERVICES DEPARTMENT
September 25, 1991
Bert Cohen, Owner
Kamprath Seed Company
c/o Capital Insights
190 North Canon Drive
Beverly Hills, CA 90210
D.B.A.:
Kamprath Seed Company
3701 South "H" Street
Bakersfield, CA
Subject:
Address Correction
Dear Mr. Cohen:
This letter is to inform you that a typographical error was discovered on the Notice
of Violation and Order to Correct. The address to the Kamprath Seed Company facility is
3701 South "H" Street, not 3501 as stated in the original notice you received.
Attached you will find a corrected Notice of Violation and Order to Correct. Please
be advised that the Notice of Violation and Order to Correct is still in force, as it was
originally issued.
If you have any questions, please contact me at (805) 861-3636, extension 579.
Dan Starkey, R.E.H.S. /
Hazardous Materials Specialist III
Hazardous Materials Management Program
DS:cas
cc:
Department of Health Services - Kit Davis
RAM Environmental
\cohen.Itt
2700 "M" STREET, SUITE 300
BAKERSFIELD, CALIFORNIA 93301
(805) 861-3636
FAX: (805) 861-3429
L RCE MANAGEMENT
RANDALL L. ABBOTt
DIRECTOR
DAVID PRICE !11
ASSISTANT DIRECTOR
Environmental Health Services Department
STEVE McC~i ! Fy, REHS, DIRECTOR
Air Pollution Control District
WILLIAM J. RODD¥, APCO
Planmng & Devel~rnem ~erv~c~ Depar~mem
TED JAMES, AICP, DIRECTOR
ENVIRONMENTAL HEALTH SERVICES DEPARTMENT
September 24, 1991
Bert Cohen, Owner
Kamprath Seed Company
c/o Capital Insight
190 North Canon Drive
Beverly Hills, CA 90210
DBA:
Kamprath Seed Company
3701 South "H" Street
Bakersfield, CA
Subject:
Report of inspection of Kamprath Seed Facility and Notice of Violation and
Order to Correct
Dear Mr. Cohen:
On June 26 - 27, 1991, a complaint inspection was conducted by Brian Pitts, Dan Starkey
and Joe Canas of the Hazardous Materials Management Program, Kern County
Environmental Health Services Department, at Kamprath Seed Facility, 3701 South "H"
Street, Bakersfield, California. The following violations were observed:
Alleged Offenses:
1.
NOTICE OF VIOLATION
Violation of Section 25189 (c)(d), Article 8, Chapter 6.5, Division 20, Health
and Safety Code.
(c)
Any person who intentionally disposes or causes the disposal of any
hazardous or extremely hazardous waste at a point which is not
authorized.
2700 "M" STREET, SUITE 300
BAKERSFIELD, CALIFORNIA 93301
(805) 861-3636
FAX: (805) 861-3429
Kamprath Seed Company disposed of hazardous pesticide waste on
and around the Southern Pacific railroad spur as a common business
practice. Kamprath Seed Company also abandoned drums and
containers at the facility located at 3701 South "H" Street that
contained hazardous pesticide waste.
(d)
Any person who negligently disposes or causes the disposal of any
hazardous or extremely hazardous waste at a point which is not
authorized.
Owners, operators, and employees of Kamprath Seed Company were
aware of and approved or allowed the hazardous pesticide waste to
be disposed on and around the railroad spur, and in containers and
drums that were abandoned at the property.
o
Violation of Section 25189.5 (a)(b)(d), Article 8, Chapter 6.5, Division 20,
Health and Safety Code.
(a)
The disposal of any hazardous waste, or the causing thereof, is
prohibited when the disposal is at a facility which does not have a
permit from the Department issued pursuant to this Chapter, or at
any point which is not authorized according to this chapter.
Kamprath Seed Company disposed of hazardous pesticide waste on
and around the railroad spur and in abandoned drums and containers
at the facility.
(b)
Any person who reasonably should have known that he or she was
disposing or causing the disposal of any hazardous waste, at any point
which is not authorized according to this chapter.
Kamprath Seed Company knew that it was disposing of a hazardous
pesticide waste as per conversations with Allen Steigerwald, Larry
Brown, Albert Jayco, Tamara Honor, and Oda McLeod and by
contacting Kern Environmental Services and Van Waters and Rogers
to give them bids on removal of the hazardous waste from the facility
before it was abandoned.
(d)
Any person who knowingly stores any hazardous waste at a facility
which does not have a permit from the Department or at any point
which is not authorized according to this chapter.
Kamprath Seed Company stored hazardous pesticide waste on site
longer than 90 days as a common business practice. The site is not a
permitted storage facility.
Violation of Section 66471 (b)(1), Chapter 30, Title 22, California Code of
Regulations, a person who generates a waste shall determine ff that waste
is a hazardous waste, as defined in Article 11, by testing the waste.
Kamprath Seed Company failed to test the waste stream(s)
that were disposed on the railroad spur and stored in the
drums.
Violation of Section 66508(a)(1)(2)(3), (b), (c)(1)(2)(3), Chapter 30, Title 22,
California Code of Regulations.
(a)(1) Failure to place waste in containers that comply with Article 24.
Some containers located at the side of the building were found to be
in a deteriorated condition.
(a)(2) Failure to mark on each container the day the period of accumulation
begins.
Drums containing hazardous waste were not labeled.
(a)(3) Failure to mark each container with the words "Hazardous Waste."
Drums containing waste pesticides lacked hazardous waste
labels.
(b)
Accumulation of hazardous waste for more than 90 days which makes
this facility subject to Articles 17-32 and 6 of California Code of
Regulations, Title 22, Chapter 30.
Drums containing hazardous waste have been stored at this facility for
years. No drums containing waste have been manifested off site from
this facility.
(c)
Failure to properly label all nonstationary containers with the proper
labels.
(c)(1) Lacking composition and physical state of the waste.
(c)(2) Lacking a statement regarding the particular hazardous properties of
the waste.
(c)(3) Lacking the name and address of the person producing the waste.
Drums are lacking labels which contain the appropriate information.
3
Se
Violation of Section 67105 (a-e), Chapter 30, Title 22, California Code of
Regulations, management procedures, maintaining a written training
program, and maintaining documentation on all personnel trained in
hazardous waste management.
Allen Steigerwald stated that only one employee, Albert Jayco, had any
training in hazardous waste management. Jayco stated that he had his
Pesticide Applicator's License and was aware of the laws but has not had any
training in hazardous waste management. There was no written training
program and no documentation as to any employee training had been
provided.
Ge
Violation of Section 61720(a), Chapter 30, Title 22, Cahfornia Code of
Regulations.
(a)
Failure of the facility to design a drum storage area that could
prevent a release of hazardous waste to soil which could threaten
human health or the environment.
Drums had been allowed remain open in the storage area were they
accumulated rain water and overflowed onto the ground and adjacent
property. Drum storage area lacked berm for containment of spilled
hazardous waste.
o
Violation of Section 67103(b)(2)(c), Chapter 30, Title 22, California Code of
Regulations.
(b)(2) Failure to provide a barrier which completely surrounds the active
portion of the facility.
The drum storage area was not fenced and was accessible to the
public.
(c)
Failure to post a sign with the legend "Danger Hazardous Waste Area
- Unauthorized Personnel Keep Out" at each entrance to the active
portion of a facility.
No signs were posted at Kamprath Seed Company stating that
hazardous waste was stored on site.
Violation of Section 67140(a)(b), Chapter 30, Title 22, California Code of
Regulations.
(a)
Failure to have a contingency plan for the release of hazardous waste
to the soil.
(b)
Failure to implement the contingency plan when hazardous waste was
released to the environment.
4
10.
11.
12.
13.
Kamprath Seed Company did not have a contingency plan. The
rainwater spills noted on site evidence the failure to implement a
contingency plan.
Violation of Section 67241, Chapter 30, Title 22, California Code of
Regulations, failure to maintain drums containing hazardous waste in good
condition.
Some drums located at the side of the building had severe rusting and
structural defects.
Violation of Section 67243 (a)(b), Chapter 30, Title 22, California Code of
Regulations.
(a) Failure to close containers holding hazardous waste.
Hazardous waste was stored in drums that were missing lids or had
open bungs.
(b)
Failure to store a container holding hazardous waste in a manner that
would prevent it from leaking.
Drums stored without lids and bungs.
Violation of Section 67244, Chapter 30, Title 22, California Code of
Regulations, failure to inspect drum storage area at least weekly.
Drum storage area was not inspected weekly as per conversation with Allen
Steigerwald.
Violation of Section 67244, Chapter 30, Title 22, California Code of
Regulations.
Failure to store hazardous waste drums in an approved containment area.
Drums were stored at the side of a building on pavement sloped off site, the
storage area lacked adequate secondary containment (berm).
Violation of Sections 67248 and 67260, Chapter 30, Title 22, California Code
of Regulations, failure to remove all hazardous waste containers and
contaminated soil from the facility.
Kamprath Seed Company vacated the facility on June 1, 1991. Kamprath
Seed Company abandoned drums containing hazardous pesticide wastes, old
partially used containers of pesticide, and the soil contamination on and
around the railroad spur.
ORDER TO CORRECT
Immediately secure all 55-gallon drums and the area on and around the railroad spur
where the hazardous pesticide waste was disposed.
e
Within 3 days all containers must be labeled with the appropriate hazardous waste
labels, describing the waste, dates of accumulation, and hazardous properties of the
waste.
Within 30 days all waste must be characterized by a state-certified laboratory approved
to analyze hazardous waste.
o
Within 30 days submit a workplan to characterize the pesticide-contaminated soil on
and around the railroad spur. After the workplan has been reviewed and approved
by this Department, it must be implemented within 30 days.
This Department will inspect the facility to verify compliance with this order and during
sampling activities. Notify this office in writing 48 hours before sampling begins. The
issuance of this Report of Violations and Order To Correct does not preclude Kern County
Environmental Health Services, Hazardous Materials Management Program from taking civil
or criminal action as a result of the violations noted herein.
Sincerely,~--'--'"~
Dan Starkey R.E.H.S.~/
Hazardous Materials Splecialist III
Hazardous Materials Management Program
DS:cas
CC:
Kit Davis
Department of Toxic Substances Control
1515 Tollhouse Road
Clovis, CA 93612
starkey~,amprath.not