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HomeMy WebLinkAboutHAZARDOUS WASTE FILE 1STATE OF CALIFORNIA--HEALTH AND WELFARE AGENCY DEPARTMENT OF HEALTH SERVICES TOXIC SUBSTANCES CONTROL PROGRAM REGION I FRESNO DISTRICT OFFICE 5545 EAST SHIELDS AVENUE FRESNO, CA 93727 Mr. Robert McCarthy r3o3o str t ..... P. O. Box 1887 Bakersfield, CA 93303 Dear Mr. McCarthy: REPORT OF VIOLATIONS On May 10, 1989 the Department of Health (DHS) conducted an inspection of McCarthy Steel (McS) located on 3030 "M" Street, Bakersfield, California. As a result of that inspection, violations of hazardous waste statutes and regulations were identified. ~ Violations Section 66472(a)(d), Title 22, California Code of Regulations (Cal. Code Regs.) requires the generator to obtain an EPA number. McS generates a hazardous waste in their waste oil, spent paint, spent solvent, and equipment wash sump. McS does not have and has not applied for an EPA generator number. Section 66508(a)(2)., Cal. Code Regs. requires that the date upon each period of accumulation begins must be marked clearly on each container of hazardous waste. McS did not have a date of accumulation on their waste oil container. Section 66508(a)(3), Cal. Code Regs. requires each container of hazardous waste to be marked or labeled with the words "Hazardous Waste". McS did not have "Hazardous Waste" inscribed on their waste oil container. Section 66508(c(1) (2)(3), Cal. Code Regs. requires the generator to label the hazardous waste container with the following information: Composition aid physical state of the waste. Statement on the hazardous properties of the waste. Name and address of the waste generator. Mr. Robert McCarthy Page 2 McS did not have the waste oil container labeled, stating the composition and physical state of the waste, the hazardous properties of the waste, and the name and address of McS. Section 25189.2(c), Health and Safety Code (H&SC) states that any person who disposes or causes the disposal of any hazardous or extremely hazardous waste at a point which is not authorized according to the provisions of this chapter is liable for a civil penalty of not more than ten thousand dollars ($10,000) for each violation. McS discharged a paint waste on the ground in the beam construction area which exceeds the regulatory threshold for zinc (Zn). Hazardous levels of soluble lead (Pb) were found in the equipment wash sump. McS has no permit from the Departmentto dispose of any hazardous waste. Schedule of Compliance Immediately, comply with Chapter 6.5, Division 20 of the California Health and Safety Code and implementing regulations in Chapter 30, Title 22, California Code of Regulations. 2. Immediately: Cease the disposal of all hazardous waste to the ground and sump, and manage these wastestreams as hazardous'waste. Within thirty (30) days from the receipt of this Report of Violations: ae Apply for an EPA number. Label waste oil containers with the accumulation date and the words "Hazardous Waste". Also, include the composition and physical state of the waste, the hazardous properties and the name and address of the waste generator. ~ Submit written acknowledgement within thirty (30) days of this notice that McS has corrected the aforementioned violations. This written acknowledgement must be signed by yourself and include one of the attached certification statements. The Department may schedule a re-inspection of your facility to verify compliance. Mr. Robert McCarthy Page 3 The issuance of this Report of Violations and Schedule for Compliance does not preclude DHS from taking administrative, civil, or criminal action as a result of the violations to noted herein. If you have any questions regarding this 'Report, contact Larry Ramirez of our office at (209) 445-5938. please Sincerely~l Kit Davis, Senior Hazardous Materials Specialist Enclosure Certified No. P 990 979 414 CC: Kern County Environmental Health 1415 Truxtun Avenue 2700 M Street, Suite 300 Bakersfield, CA 93301 Mr. Larry Matz, Surveillance and Enforcement Mr. William Soo Hoo, Chief, Toxics Legal Office Ms. Mary Locke, Chief, Office of Local Enforcement Ms. Lucille Van Ommering, Financial Responsibility Unit CERTIFICATION STATEMENTS "I Certify under penalty of law that I have personally examined and am familiar with the information submitted in this Schedule of Compliance and Correction and all attachments and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the information is true, accurate and complete. I am aware that there are significant penalties for submitting false informs=ion, including the possibility of fine and imprisonment. I Certify under penalty of law that I have personally examined and am familiar with the information and attachments submitted herein and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the information is true, accurate, and complete. -I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment. a:cer0587.fs