Loading...
HomeMy WebLinkAboutCORRECTIVE ACTIOND July 29, 2003 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 (66t) 399-5763 Buttons Coleman, Plant Manager ~-TNe-stle-Ice ~;/50i District Bohle~,ar~l-[ Bakersfield, CA 93313 NO FURTHER ACTION REQUIRED Re: Docket No. 0003-09 Order on Consent Agreement Dear Mr. Coleman: This is to inform you that this department has reviewed the administrative and engineering controls associated with the wastewater plant. Based upon the information submitted, this office is satisfied with the corrective action performed and requires no further action at this time in the above-referenced matter. If you have any questions regarding this matter, please contact me at 661-326-3649. Sincerely, Howard H. Wines, III Hazardous Materials Specialist Registered Geologist #7239 Office of Environmental Services HHW:db NESTLE ICE CREAM COMPANY 7301 District Boulevard Bakersfield CA 93313 Tel (661) 398-3500 :Fax (661) 398-4860 May 23, 2003 Mr. Ralph Huey Director of Prevention Services City of Bakersfield' 1715 Chester Avenue Bakersfield, CA 93301 Re: Docket No.: 0003-09, Order on Consent Agreement Issued to Ice Cream Partners USA, LLC Dear Mr. Hu~: Please find attached the following information as required by Section 3.2 Schedule for Compliance of the Order on Consent Agreement, Docket No.: 0003-09, issued to Nestle Ice Cream Company (NICC): 1. The signed Order on Consent Agreement for Docket No.: 0003-09. 2. A list of the admistrative and engineering controls which have been implemented at the ICP wastewater plant. : NICC believes that the enclosed attachments fully satisfy Section 3.2 Schedule for Compliance of Docket No.: 0003-09. NICC also believes that the procedures and controls implemented will improve prevention, detection, control, response and notification of any future hazardous material releases at the Facility. If you have any questions or require any additional information, please contact me at (661) 398-3500. Sincerely, Buttons Coleman Plant Manager Attachment 1 Signed Order on Consent Agreement STATE OF CALIFORNIA CITY OF BAKERSFIELD CERTIFIED UNIFIED PROGRAM AGENCY In the Matter of: NESTLE ICE CREAM COMPANY, LLC A Delaware corporation doing business in California Respondent.. Docket No.: 0003-09 ORDER ON CONSENT AGREEMENT Health and Safety Code Section 25187 INTRODUCTION 1. Parties. The Office of Environmental Services for the City of Bakersfield Fire Department, a Certified Unified Program Agency (CUPA) authorized by the Secretary of the California Environmental Protection Agency (Cai/EPA) to administer and enforce the Hazardous Substance Control Act in the City of Bakersfield, issues this Order on Consent Agreement (Order) to Nestle Ice Cream Company, LLC, a Delaware corporation doing business in California. 1.2. Site. Respondent generated, handled, treated, stored, and/or disposed of hazardous ~waste~at-the-following~site(s), .including,__but_.not Ji~ited _to:. _7'.~3~] Di~tri._ct Boulevard, Bakersfield, California 93313. 1.3 GeneratOr. The Respondent generated the following hazardous wastes: sodium hydroxide solution, a "corrosive" hazardous waste pursuant to title. 22 of the California Code of Regulations (CCR), section 66261.22. 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 The CUPA hereby determines that Respondent violated: ~.2.1 The Hazardous Waste Control Law (Health & Safety Code section 25100, et $OCll), to wit: section 25189.5. Disposal, treatment or storage at, or transportation to, facilities without permits or at unauthorized points. On or about April 8; 2003, a release of sodium hydroxide_ s~91utign~~ in~.was~_te_.~at?~p~gurre~ ~at_ !he. Nestle Ice Cream Company, LLC - Bakersfield Facility (Bakersfield Facility). Approximately 7,500 gallons of the!material, with a pH of 12.5 to 13.1, was discharged to the sanitary sewer in violatio~n of the City of Bakersfield Publicly Owned Treatment Works (POTW) industrial waste~vater discharge permit requirements and hazardous waste control laws. i SCHEDULE FOR COMPLIANCE 13. Based on the forgoing DETERMINATION OF VIOLATIONS, IT IS HEREBY ORDERED THAT: i3.1 Respondent shall make hazardous waste liquids into the Po'rw. arrangements to .prevent the discharge of fifteen ',3.2 Submittals. A copy of any engineering and administrative control docurdentation designed to prevent future hazardous waste releases in violation of the -industrial-discharge-permit.requirements,_in~particular,~sha_ll~ be-{o~rwarded within (15) days from the date of this Order to: Mr. Ralph Huey Director of Prevention Services City of Bakersfield 1715 Chester Avenue Bakersfield, California 93301 2 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 aPp~'~v~ii ~Ui:s~'ant ~' t~i~ ~r~ler~ils- t° 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 modified, or b. Return the document to Respondent with recommended changes and a date by which Respondent with recommended changes and a date by which Respondent must submit to the CUPA a revised document incorporating the recommended changes. 3.5 Compliance with Applicable Laws. Respondent shall carry out this Order in compliance with all local, State, and federal requirements, including but not limited to- requirements to obtain permits and to assure worker safety. 3.6 Endangerment during Implementation. In the event that the CUPA determines that any circumstances or activity (whether or not pursued in compliance with 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 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 representat_iye.s t_o ins~p~..c...t and copy~ll_Ls.a_m_p_ling, 'testing.,~ monitoring, and other data ~enerated by Respondent or on Respondent'.s behalf in any way pertaining to work undertaken pursuant to this Order. Respondent shall allow the CUPA and its authorized representatives to take duplicates of any samples collected by Respondent pursuant to this Order. Respondent shall maintain a central depository of the data, reports, and other documents prepared pursuant to this Order. All such data, reports, and other documents shall be preserved by Respondent for a minimum of three years after the conclusion of all activities under this Order.' If the CUPA requests that some or all of these documents be preserved for a longer period of time, Respondent shall either Comply with that request, deliver the documents to the CUPA, or permit the CUPA to copy the documents prior to destruction. 3.9 Government Liabilities. The City of Bakersfield shall not be liable for injuries---or--damages--to persons~ or property-.resulting fr_o~m acts _or omissions by Respondent or related parties specified in paragraph 3.16 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 ._c~_pA hde~r..rn__in~es that good cause exists 'for an extension, it will grant the request and specify in writing a new compliance schedule. 3.14 Penalties for Noncompliance. Failure to comply with the terms of this Order may also subject Respondent to costs, penalties, and/or punitive damages for any costs incurred, by the 'CUPA or other government agencies as a result of such failure, as provided by 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 4. The CUPA assesses a penalty of $1,250. Payment of the total penalty of $1,250 is due_within_thirty (30)_days _from.the._effe_ctive _date 0f_th_e 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: Ms. Susan Chichester Business Manager City of Bakersfield Fire Department 2101 H Street Bakersfield, California 93301 A photocopy of the check shall be sent to: 5 Mr. Ralph Huey Director of Prevention Services City of Bakersfield 1715 Chester Avenue Bakersfield, California 93301 5. This Order is final and effective upon execution by the City Respondent. 6. "Days" for purposes of this Order means calendar days. Date of Issuance: May 9, 2003. City of Bakersfield Date and Nestle Ice Cream Company, LLC Typed or Printed Name of Respondent's Representative Date CC: Chief Executive Officer -. ~Nestle-lce Cream Company, LLC . 12647 Alcosta Blvd., Ste 300 San Ramon, CA 94583 Mr. Allen Shaw Deputy City Attorney City Attorney's Office City of Bakersfield 1501 Truxtun Avenue Bakersfield,CA93301 Attachment 2 New NICC Wastewater Plant Engineering and Administrative Controls New NICC Wastewater Plant Engineering and Administrative Controls The following modifications have been made to the wastewater treatment plant to improve the detection and prevention of possible upset/malfunction or non-compliance situations: 1. Probe Wiring The wiring installation for the pH probes will be changed out from the wiring being wire nutted together to the wiring being soldered and then heat shrinked. Wire nuts will no longer be permitted as an acceptable installation. e Completed April 9, 2003 (by EYSS Technician) PLC Program Addition A new feature was added to the Programmable Logic Computer (PLC) that monitors the wastewater facility data collection. In the event a pH probe malfunctions and a provides a reading greater than 14 or less than 0, the chemical feed to primary and polishing vaults will be shut off. This feature will prevent the system from responding to erroneous pH probe readings. Completed April 10, 2003 3. Alarm Notification The wastewater alarm system will be added to the current Utilities/Facilities operator pager system to allow for a prompt response rather than relying on the security guard to notify Utilities/Facilities personnel or the operator happening to see the event on the monitoring screen. Completed April 20, 2003 4. Redundant Probe Monitoring Added to PLC Monitoring Screen The pH readings from the redundant probes located in the primary and polishing vaults Will be added to the PLC monitoring screen. This will allow a comparison of the two (2) probes to determine if one probe is malfunctioning and improve troubleshooting of the system. Completed April 24, 2003 May 12,2003 FIRE CHIEF R~ON 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 Mr. Buttons Coleman, Plant Manager Nestle Ice Cream Company 7301 District Blvd Bakersfield, CA 93313 RE: Consent Agreement for Docket No. 0003-09 Dear Mr. Coleman: Enclosed, please find the Order on Consent Agreement for your signature. You may make copies for your own records and internal routing, as needed. However, please return the original with both our signatures to me for the official file: Please refer to the Agreement regarding specified submittals. If you have any questions, please feel free to call me at 326-3979. Sincerely, Director of Prevention Services enclosure STATE OF CALIFORNIA CITY OF BAKERSFIELD CERTIFIED UNIFIED PROGRAM AGENCY In the Matter of: NESTLE ICE CREAM COMPANY, LLC A Delaware corporation doing business in California Respondent. Docket No.: 0003-09 ORDER ON CONSENT AGREEMENT Health and Safety Code Section 25187 INTRODUCTION 1. Parties. The Office of Environmental Services for the City of Bakersfield Fire Department, a Certified Unified Program Agency (CUPA) authorized by' the Secretary of the California Environmental Protection Agency (Cai/EPA) to administer and enforce the Hazardous Substance Control Act in the City of Bakersfield, issues this Order on Consent Agreement (Order) to Nestle Ice Cream Company, LLC, a Delaware corporation doing business in California. 1.2. Site. Respondent generated, handled, treated, stored, and/or disposed of hazardous waste at the following site(s), including, but not limited to: 7301 District Boulevard, Bakersfield, California 93313. 1.3 Generator. The Respondent generated the following hazardous wastes: sodium hydroxide solution, a "corrosive" hazardous waste pursuant to title 22 of the California Code of Regulations (CCR), section 66261.22. 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 1 the Health and Safety Code or any permit, rule, regulation, standard, or requirement issued or adopted pursuant thereto. DETERMINATION OF VIOLATIONS The CUPA hereby determines that Respondent violated: 2.1 The Hazardous Waste Control Law (Health & 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 or about April 8, 2003, a release of sodium hydroxide solution in waste water occurred at the Nestle Ice Cream Company, LLC - Bakersfield Facility (Bakersfield Facility). Approximately 7,500 gallons of the material, with a pH of 12.5 to 13.1, was discharged to the sanitary sewer in violation of the City of Bakersfield Publicly Owned Treatment Works (POTW) industrial wastewater discharge permit requirements and hazardous waste control laws. SCHEDULE FOR COMPLIANCF: 3. Based on the forgoing DETERMINATION OF VIOLATIONS, IT IS HEREBY ORDERED THAT: 3.1 Respondent shall make arrangements to prevent the discharge of hazardous waste liquids into the POTW. 3.2 Submittals. A copy of any engineering and administrative control documentation designed to prevent future hazardous waste releases in violation of the POTW industrial discharge permit requirements, in particular, shall be forwarded within fifteen (15) days from the date of this Order to: Mr. Ralph Huey Director of Prevention Services City of Bakersfield 1715 Chester Avenue Bakersfield, California 93301 2 3.3 Communications. All approvals and decisions of the CUPA made regarding submittals and notifications will be communicated to Respondent in writing by the Director of Prevention Services, or his/her .designee. No informal advice, guidance, suggestions, or comments by the CUPA regarding reports, plans, specifications, schedules, or any writings by the Respondent shall be construed to relieve Respondent of the obligation to obtain such formal approvals as may be required. 3.4 CUPA Review and Approval. If the CUPA determines, that the schedule, or other submitted for approval pursuant to this order fails to comply with the order or fails to protect public health or safety or the environment, the CUPA may: a. Modify the document as deemed necessary and approve the document as modified, or b. Return the document to Respondent with recommended changes and a date by which Respondent with recommended changes and a date by which Respondent must submit to the CUPA a revised document incorporating the recommended changes. 3.5 Compliance with Applicable Laws. Respondent shall carry out this Order in compliance with all local, State, and federal requirements, including but not limited to requirements to obtain permits and to assure worker safety. 3.6 Endangerment 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 3.7 Liability. Nothing in this Order shall constitute or be construed as a satisfaction or release from liability for any conditions or claims arising as a result of past, current, or future operations of Respondent...other than those violations alleged in section 2 of this order. Notwithstanding compliance with the terms of this Order, Respondent may be required to take further actions as are necessary to protect public health or welfare or the environment. 3.8 Data and Document Availability. Respondent shall permit the CUPA and its authorized representatives to inSpect and copy all sampling, testing, monitoring, and other data generated by Respondent or on Respondent's behalf in any way pertaining to work undertaken pursuant to this Order. Respondent shall allow the CUPA and its authorized representatives to take duplicates of any samples collected by Respondent pursuant to this Order. Respondent shall maintain a central depository of the data, reports, and other documents prepared pursuant to this Order. All such data, reports, and other documents shall be preserved by Respondent for a minimum of three years after the conclusion of all activities under this Order. If the CUPA requests that some or all of these documents be preserved for a longer period of time, Respondent shall either comply with that request, deliver the documents to the CUPA, or permit the CUPA to copy the documents prior to destruction. 3.9 Government Liabilities. The City of Bakersfield shall not be liable for injuries or damages to persons or property resulting from acts or omissions by Respondent or related parties specified in paragraph 3.16 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 Reportsl All plans, schedules,.and reports that require CUPA approval and are submitted by respondent pursuant to this Order are incorporated in this Order upon approval by the CUPA. 3.12 Extension Request. If Respondent is unable to perform any activity or submit any document within the time reqUired under this Order, the Respondent may, prior to expiration of the time, request an extension of time in writing. The extension request shall include a justification for the delay. 3.13 Extension Approvals. If the CUPA determines that good cause exists for an extension, it will grant the request and specify in writing a new compliance schedule. 3.14 Penalties for Noncompliance. Failure to comply with the terms of this Order may also subject Respondent to costs, penalties, and/or punitive damages for any costs incurred by the CUPA or other government agencies as a result of such failure, as provided by 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 4. The CUPA assesses a penalty of $1,250. Payment of the total penalty of $1,250 is due within thirty (30) days from the effective date of the Order. Respondent's check shall be made payable to City of Bakersfield, Certified Unified Program Agency, and shall identify the Respondent and Docket Number, as shown in the heading of this case. Respondent shall deliver the penalty payment to: Ms. Susan Chichester Business Manager City of Bakersfield Fire Department 2101 H Street Bakersfield, California 93301 A photocopy of the check shall be sent to: 5 Mr. Ralph Huey Director of PreventiOn Services City of Bakersfield 1715 Chester Avenue Bakersfield, California 93301 o Respondent. 6. This Order is final and effective' upon execution by the City and "Days" .for purposes of this Order means calendar days. Date of Issuance: May 9, 2003. Mr. Ralpl~ H'o~~- Director of I~re~ention~ervices City of Bakersfield Date Nestle Ice Cream Company, LLC Date Typed or Printed Name of Respondenrs Representative CC: Chief Executive Officer Nestle Ice Cream Company, LLC 12647 Alcosta Blvd., Ste 300 San Ramon, CA 94583 Mr. Allen Shaw Deputy City Attorney City Attorney's Office City of Bakersfield 1501 Truxtun Avenue 'Bakersfield,CA93301 6 NESTLE ICE CREAM COMPANY 7301 District Boulevard Bakersfield CA 93313 Tel (661) 398-3500 Fax (661) 398-4860 May 9, 2003 Mr. Ralph E. Huey Director of Prevention Services City of Bakersfield 1715 Chester Avenue Bakersfield, CA 93301 Re: Docket No.: 2003-09, Enforcement Order Issued to Nestle Ice Cream Company Dear Mr. Huey: Please find attached the following information as required by Section 3.2 Schedule for Compliance of the Docket No.' 2003-09, Enforcement Order, issued to Nestle Ice Cream Company (NICC): 1. The signed Certification of Compliance for Docket No.: 2003-09. 2. A list of the admistrative and engineering controls which have been implemented at the NICC wastewater plant. NICC believes that the enclosed attachments fully satisfy Section 3.2 Schedule for Compliance of Docket No.: 2003-09. NICC also believes that the procedures and controls implemented will improve prevention, detection, control, response and notification of any future hazardous material releases at the Facility. If you have any questions or require any additional information, please contact me at (661) 398-3500. , Sincerely, Buttons Coleman Plant Manager Nestle Ice Company Bakersfield Facility cc: Mr. Allen Shaw, City of Bakersfield Attachment I Signed Certification of Compliance STATE OF CALIFORNIA CITY OF BAKERSFIELD CERTIFIED UNIFIED PROGF;~M AGENCY In the Metter of.' NE~TLE ICE CREAM COMPANY, LLC A 13eJ~,.~l~-~or~ora~.~n doing business in Cal~fernlla R~spondent. Docket No.: 0003-09 ENFORCEMENT ORDER He. alith and Safety Code Section 25t'87 1. Pa~s. The Office of Envimnrnen~l ~vioes for the City of Bakersfield Fire Department, a Certified Unified Program Agency (CUPA) authorized by the Secretary of the Cafifomia Environmental Protection Agency (Cai/EPA) to ad:minister and enforce the Hazardous Substance Control Act in the City of Bakersfield, issues this Enforcement Order (Order) to Nestle Ice Cream Company, LLC, a Delaware co~oration doing business in Calitomia. 1.2. Respondent generated, handled, treated, stored,' and/or disposed of hazardous waste at the following site(s), including, but not limited to: 7301 District Boulevard, Bakersfield, California 93313. 1.3 Generator. The Respondent generated the following hazardous wastes: sodium hydroxide solution, a "corrosive" hazardous waste pursuant to title 22 of the California Code of Regulations (CCR), section 66261.22. 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, issued or adopted pursuant thereto. rule, regulation, standard, or requirement DETERM.INATION OF VIOLATIONS The CUPA hereby determines that Respondent violated: 2.1 The Hazardous Waste Control Le~w (Health & Safety Cqde sectiorl et,soo.), t~..wit; se~!en 25189~5. Dis_~esal, treatment or stora§e at, or tmn.spo[t~tlen fe~!:ties wl;thout ~r~ er 8t un~u{ho[ized ~j~ On or about April 8, 2003, a reichs® of se~iam hydroxide sotu~lon in waste water occurred at the Nestle Ice Cream Company, LLC o Bakersfield Facility (Bakersfield Facility). Approximately 7,500 gallons of the material, With a pH of 12.5 to 13.1, was 'discharged to the sanitary sewer vielalion of the City of Bakersfield Publicly Owned Treatment Works (POTW) indastrial waste~,ter d~ha~ge permi~ m~men~ts and hazardous waste contre! laws. SCI~,~LE F~R C~PL~N, CF 3. Based on the forgoing DETERMINATION OF VIOLATIONS, IT IS HEREBY ORDERED THAT: 3.1 Respondent shall make arrangements to prevent the discharge of hazardous waste liquids into the PO~. 3.2 A copy of any engineering and administrative control documentation designed to prevent future hazardous waste releases in violation of the POTW industrial discharge permit requirements, in particular, shall be forwarded within fifteen (15) days from the date of this Order to: M.r. Ralph Huey Director of Prevention Services City of Bakersfield 1715 Chester Avenue Bakersfield, California 93301 2 3.3 Communi~fions, All approvals and *deCisions of the CUPA made regarding submittals and notifications will be communicated to Respondent in wdting by the Director of Prevention Services, or his/her desig~ee. No informal advice, guidance, sug[tesflens, or comments by the CUPA regarding reports, plans, specifications, schedules, or any wdtings by the Respondent shall be construed to relieve Respondent of the obl~igation to ob~in such formal approvals as may be required. 3.4 CUPA Review and Approve!, If the CUPA determines that the sched=ule, 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 environrnent~ the CUPA may: a. Modify the document as deemed r~ecessary and approve the document as modified, or b. Return the document to Respondent with recommended ohe~.g~ ar~l a date by which Respondent with recommended changes and a dote by which Respondent must submit to the CUPA a revised document incorporating the recommended changes. 3.5 Compliance w. Eh Appl,ic~.!e Laws. Respondent shall carry out this Order in compliance with all local, State, and federal requirements,-including but not limited to requirements to ob~in perm~ and to assure worker safety. 3.6 End~angerment du~ng Im~tementetion. 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 pedod 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 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 heaith or welfare or the environment. 3.8 Data and ~cument A~ailability, Respondent shall permit the CUPA and its authorized representatives to inspect and COpy all'sampling, testing, monitoring, a~'~d other data generated by Respondent or on Respondent~s behalf in any way peRainlr~g to work undertaken pursuant to this Order. Respondent shall allow the CUPA and its a~herized representatives to take duplicates of any samples colle¢ted by Respondent pumuant to t~s O~er. Respondent shall maintain a central deposite~ry of the d.e~, mpo~s; and other docu.ments prepared pursuant to this Order. Pal such data, mpo~, and other documents shall be preserved by Respondent for a minimum of three years after the conclusion of all activities under this Order. If the CUPA requests that some or all of these documents be preserved for a longer period of time, Respondent shall either. comply with that request, deliver the documents to the CUPA, or permit the CUPA to copy the' documents prior to destruction. 3.9 Government Li.abilities. 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 specified in paragraph 3.16 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 Incomomtion of Plans and Re,OAs. 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 justifie.,ation for the delay. 3.13 If the CUPA determines that good ~use exists for an e~ension, it will grant the request and specify in writing a new C°mpl,iar=e schedule. 3.14 Penal{les for Noncoms!lance. Failure to comply with the terms of 'this Order may also subject Respondent to costs, penalties, and/or pu:n, iti-ve dama~s for any c, es~ inett~ed by the CUPA or ether go~m~nt a~len¢ies as a ~u'tt of such. failure, as pmvi~!ed by HSC section 25t88 and ether a~piic~ble provisions of law. 3.15 Pa~i~ 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 maffer of this order. ~ENALTY 4. The CUPA assesses a penal,ty of $ 2,250. Payment of the tetal penai~ of $ 2,250 is due within thirty (30) days from the effective date of the Order. Respondent's check shall be made payable to City of Bakersfield, Certified Unified Program Agency, and shall identify the Respondent and Docket Number, as shown in the heading of this case. Respondent shall deliver the penalty payment to: Ms. Susan Chiehester Business Mana~ler City of'Bakersfield Fire Department 2101 H Street Bakersfield, California 93301 A photocopy of the check shall be sent to: 5 Mr. Ralph Huey Director of Prevention Services City of Bakersfield 1715 Chester A~enue Bakersfield, California 93301 RespOndent. 6. This Order is final and effe~ive' upon execution .by the City and "Days" for purposes of this Order means calendar days. Date of Issuance: April 28, 2003. Services Date Nestle Ice Cream Company, LLC Typed or Printed Name of Respondent's Representative, Date CC: Chief ~F. xecutive Officer Nes~e Ice Cream Company, LLC 12:647 Alc~sta Blvd., Ste 300 San Ramon, CA 94583 Mr. Allen Shaw · Deputy City Attorney City Attomey's Office City of Bakersfield 1501 Tru~un Avenue Bakersfield,CA93301 Attachment New NICC Wastewater Plant Engineering and Administrative Controls New NICC Wastewater Plant EngineerinR and Administrative Controls The following modifications have been made to the wastewater treatment plant to improve the detection and prevention 'of possible upset/malfunction or non-compliance situations: 1. Probe Wiring The wiring installation for the pH probes will be changed out from the wiring being wire nutted together to the wiring being soldered and then heat shrinked. Wire nuts will no longer be permitted as an acceptable installation. Completed April 9, 2003 (by EYSS Technician) 2. PLC Program Addition A new feature was a~dded to the Programmable Logic Computer (PLC) that monitors the wastewater facility data collection. In the event a pH probe malfunctions and a provides a reading greater than 14 or less than 0, the chemical feed to primary and polishing vaults will be shut off. This feature will prevent the system from responding to erroneous pH probe readings. ' Completed April 10, 2003 3. Alarm Notification The wastewater alarm system will be added to the current Utilities/Facilities operator pager system to allow for a prompt response rather than relying,on the security guard to notify Utilities/Facilities personnel or the operator happening t° see the event on the monitoring screen. Completed April 20, 2003 4. Redundant Probe Monitoring Added to PLC Monitoring Screen The pH readings from the redundant probes located in the primary and polishing vaults will be added to the PLC monitoring screen. This will allow a comparison of the two (2) probes to determine if one probe is malfunctioning and improve troubleshooting of the system. Completed April 24, 2003 Also complete is desired. -- 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: CT CORPORATTON SYSTEt-[ 818 IS'EST SEVENTH STREET LOS ANGELES CA 90017 " 7002 3150 0004 PS Form 3811, August 2001 /~'Agent [] Add _m~__~ee  D. Is delive~ addm~ d~emnt from item 1 ? ~ Yes . If YES, enter delive~ address below: ~ No 3. Se~ice Type ~ CeAified Mail ' ~ Express Mail D Registe~ ~ Return R~eipt for Memhandise ~ Insured Mail ~ C.O.D. 4. Restricted Deliver? (E~m Fee) ~ Yes 9985 3790 LJomu~[l~ nt= ......... ,-- 102595-02-M-1540 UNITED STATES POSTAL SERVICE First-Class Mail Postage & Fees Paid USPS Permit No. G-!0 · Sender: Please print ~,our na%e, address, and ZIP+4 in this box · Bakersfield Fire Department Prevention Services 1715 Chester Avenue, Suite 300 Bakersfielcl, CA 93301 _.-I- Certified Fee , I-1 Postmark Return Reclept Fee Hem (Endorsement Required)  Restricted Delivery Fee (Endorsement Required) ,~--~ ITt Total Postage & Fees ~ ~ l:--~:~-~:: ...... ~.?---~-°--~'°'~¥--"---~-~ ............... ~'- ~ .............. : ....... .~..~.~....~[~ ~...~.i~t~..~,~[~ ........... or PO Box No" ~.'.',~77,. ,, . ....... D April28,2003 F!RE CHIEF P, ON FRAZE ADMINISTRATIVE SERVICES 2101 'H' Street Bakerstield, 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 FIRE SAFETY SERVICES, ENVIRONMENTAL SERVICES 1715 Chester Ave. Bakersfield, CA 93301 VOICE (661) 326-3979 FAX (661) 326-0576 PUBLIC EDUCATION 1715 Chester Avi~. Bakersfield, CA 93301 VOICE (661) 326-3696 FAX (661) 326-0576 FIRE INVESTIGATION 1715 Chester Ave. Bakersfield, CA 93301 VOICE (661) 326-3951 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: CT Corporation System 818 West Seventh Street Los Angeles, CA 90017 Certified Mail NESTLE ICE CREAM COMPANY, LLC, DOCKET NO.:. 2003-09 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 discharge of a corrosive hazardous waste into the sanitary sewer and does not preclude this Office from taking additional enforcement and compliance action. As indicated in the enclosures, you have a right to a hearing. 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 cc: B. Coleman, Nestle (w/encl.) STATE OF C,~LIFbRNIA CITY OF BAKERSFIELD CERTIFIED UNIFIED PROGRAM AGENCY In the Matter of: NESTLE ICE CREAM COMPANY, LLC A Delaware corporation doing business in California Respondent. Docket No.: 0003-09 ENFORCEMENT ORDER Health and Safety Code Section 25187 INTRODUCTION 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 Nestle Ice Cream Company, LLC, a Delaware corporation doing business in California. 1.2. Site. ReSpondent generated, handled, treated, stored, and/or disposed of hazardous waste at the following site(s), including, but not limited to: 7301 District Boulevard, Bakersfield, California 93313. 1.3 Generator. The' Respondent generated the following hazardous wastes: sodium hydroxide solution, a "corrosive" hazardous waste pursuant to title 22 of the California Code of Regulations (CCR), section 66261.22. 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 The CUPA hereby determines that Respondent violated: 2.1 The Hazardous Waste Control Law (Health & 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 or about April 8, 2003, a release of sodium hydroxide solution in waste water occurred at the Nestle Ice Cream Company, LLC - Bakersfield Facility (Bakersfield Facility). Approximately 7,500 gallons of the material, with a pH of 12.5 to 13.1, was discharged to the sanitary sewer in violation of the City of Bakersfield Publicly Owned Treatment Works (POTW) industrial wastewater discharge permit requirements and hazardous waste control laws. SCHEDULE FOR COMPLIANCE 3. Based on the forgoing DETERMINATION OF VIOLATIONS, IT IS HEREBY ORDERED THAT: 3.1 Respondent shall make arrangements to prevent the discharge of hazardous waste liquids into the POTW. 3.2 Submittals. A copy of any engineering and administrative control documentation designed to prevent future hazardous waste releases in violation of the POTW industrial discharge permit requirements, in particular, shall be forwarded within fifteen (15) days from the date of this Order to:' Mr. Ralph Huey Director of Prevention Services City of Bakersfield 1715 Chester Avenue Bakersfield, California 93301 2 3.3 Communications. All approvals and decisions of the CUPA made regarding submittals and notifications will be communicated to Respondent in writing by the Director of Prevention Services, or his/her designee. No informal advice, guidance, suggestions, or comments by the CUPA regarding reports, plans, specifications, schedules, or any writings by the Respondent shall be construed to relieve Respondent of the obligation to obtain such formal approvals as may be required. 3.4 CUPA Review and Approval. If the CUPA determines that the schedule, or other submitted for approval pursuant to this order fails to comply with the order or fails to protect public health or safety or the environment, the 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 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 Endanqerment 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 3.7 Liability. Nothing in this Order shall constitute or be construed as a satisfaction or release from liability for any conditions or claims arising as a result of past, current, or future operations of Respondent...other than those violations alleged in Section 2 of this order. Notwithstanding compliance with the terms of this Order,. Respondent may be required to take further actions as are necessary to protect public health or welfare or the environment. 3.8 Data and Document Availability. Respondent shall permit the CUPA and its authorized representatives to inspect and copy all sampling, testing, monitoring, and other data generated by Respondent or on Respondent's behalf in any way pertaining to work undertaken pursuant to this Order. Respondent shall allow the CUPA and its authorized representatives to take duplicates of any samples collected by Respondent pursuant to this Order. Respondent shall maintain a central depository of the data, reports; and other documents prepared pursuant to this Order. All such data, reports, and other documents shall be 'preserved by Respondent for a minimum of three years after the conclusion of all activities under this Order. If the CUPA requests that some or all of these documents be preserved for a longer period of time, Respondent shall either Comply with that request, deliver the documents to the CUPA, or permit the CUPA to copy the documents prior to destruction. 3.9 Government Liabilities. The City of Bakersfield shall not be liable for injuries or damages to .persons or property resulting from acts or omissions by Respondent or related parties specified in paragraph 3.16 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. 4 3.11 Incorporation of Plans and Reports. All plans, schedules, and reports that require CUPA approval and are submitted by respondent purSuant to this Order are incorporated in this Order upon approval by the CUPA. 3.12 Extension Request. If Respondent is unable to perform any activity or submit any document within the time required under this Order, the Respondent may, prior to expiration of the time; request an extension of time in writing. The extension request shall include a justification for the delay. 3.13 Extension Approvals. If the CUPA determines that good cause exists for an extension, it will grant the request and specify in writing a new compliance schedule. 3.14 Penalties for Noncompliance. Failure to comply with the terms-of this Order may also subject Respondent to costs, penalties, and/or punitive damages for any costs incurred by the CUPA or other government agencies as a result of such failure, as provided by HSC section 25188 an.d 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 4. The CUPA assesses a penalty of $ 2,250. Payment of the total penalty of $ 2,250 is due within thirty (30) days from the effective date of the Order. Respondent's check shall be made payable to City of Bakersfield, Certified Unified Program Agency, and shall identify the Respondent and Docket Number, as shown in the heading of this caSe. Respondent shall deliver the penalty payment to: Ms. Susan Chichester Business Manager City of Bakersfield Fire Department 2101 H Street · Bakersfield, California 93301 A photocopy of the check shall be sent to: 5 Mr. Ralph Huey Director of Prevention Services City of Bakersfield 1715 Chester Avenue Bakersfield,, California 93301 Respondent. 6. This Order is final and effective upon execution by the City and "Days" for purposes of this Order means calendar days. Date of Issuance: April 28, 2003. ~io'~n Services City of Bakersfield Date Nestle Ice Cream Company, LLC Date Typed or Printed Name of Respondent's Representative CC: Chief Executive Officer Nestle Ice Cream Company, LLC 12647 Alcosta Blvd., Ste 300 San Ramon, CA 94583 Mr. Allen Shaw Deputy City Attorney City Attorney's Office City of Bakersfield 1501 Truxtun Avenue Bakersfield,CA93301 6 ACKNOWLEDGMENT OF RECEIPT Without admitting the violations, I acknowledge receipt of this Enforcement Order, Statement to Respondent, Certification of Compliance fo[m, and two copies of the form entitled Notice of Defense. DATED: Signature Print Name and Title S:\CORRESPONDENCE~2003-04\ENFORCEMENTORDER_NESTLE_,DOC 7 · STATE OF CALIFORNIA CITY OF BAKERSFIELD CERTIFIED UNIFIED PROGRAM AGENCY 'In the Matter of: NESTLE ICE CREAM COMPANY, LLC A Delaware corporation doing business in California Respondent. Docket No.: 2003-09 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 the 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. Allen Shaw 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 the 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 the CUPA within ten (10) working days after you discover the good cause. Failure to notify the 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 the CUPA, you may contact: Mr. Allen Shaw 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 the 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 the CUPA, an Informal Conference has been scheduled for: Date: Time: Location: Friday, May 9, 2003 2:00 PM Prevention Services Division 3rd Floor Conference Room City of Bakersfield Development Services Building 1715 Chester Avenue Bakersfield, California 93301 (661) 326-3979 You may inform the 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 FOR A HEARING WITHIN FIFTEEN (15) DAYS IF YOU WISH TO HAVE A FORMAL HEARING. S:\CORRESPONDENCE~003-04\RESPONDENT_NESTLE.DOC 3 STATE OF CALIFORNIA CITY OF BAKERSFIELD CERTIFIED UNIFIED PROGRAM AGENCY In the Matter of: NESTLE ICE CREAM COMPANY, LLC A Delaware corporation doing business in California Respondent. Docket No.: 2003-09 NOTICE OF DEFENSE California 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 Print the Name and Mailing Address of Respondent (Name) (Street Address) (City) (State) (Zip) (Telephone Number) S:\CORRESPONDENCE~2003-04\NOTICEOFDEFENSE_NESTLE.DOC 1 STATE OF CALIFORNIA CITY OF BAKERSFIELD CERTIFIED UNIFIED PROGRAM AGENCY In the Matter of: NESTLE ICE CREAM COMPANY,' LLC A Delaware corporation doing business in California Respondent. Docket No.: 2003-09 NOTICE OF DEFENSE California 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 Print the Name and Mailing Address of Respondent (Name) (Street Address) (City) (State) (Zip) (Telephone Number) S:\CORRESPONDENCE~.003-04\NOTICEOFDEFENSE_NESTLE.DOC 1 SOV~RNMENT CODE Section 11507.5. Exclusivity of discovery provisions The provisions of. Section 11507.6 provide the exclusive right to and method of discovery as to any proceeding governed by this chapter. Section 11507.6. Request for discovery 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 the names and addresses of witnesses to the extent known to the other party, including, but not limited to, those intended to be called to testify at the hearing, and (2) inspect and make a copy of any of the following in the possession or custody or under the control of the other party: '. (a) A statement of a person, other than the respondent, named in the initial administrative pleading,.or in any additional pleading, when it is claimed that the act or omission of the respondent as to such person is.the basis for the 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; (d) 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; E.b~.l t (1/9.3) 5 (f) Investigative reports made by or on 'behalf of the agency or other party pertaining to the subject matter of the proceeding, to the extent that such reports (1) contain the names and addresses of witnesses or of persons having personal knowledge of the acts, omissions or events which are the basis for the proceeding, or (2) reflect matters perceived by the investigator in the course of his or her investigation, or (3) contain or include by attachment any statement or writing described in (a) to (e), inclusive, or s,~mmary thereof. For the purpose of this section, "statements" include written statements by the person signed or otherwise authenticated by him or her, stenographic, mechanical, electrical or other recordings, or transcripts thereof, of oral statements by the person, and written reports or 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, or 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 be'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. E.~F. 1 ! (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 forth 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 in the administrative proceeding by personal delivery or certified mail and shall be returnable no earlier than 10 days from its issuance nor later than 30 days after the filing of the petition. The respondent party shall have the right to.serve and file a written' answer or other response to the petition and order to show cause. (d) The court may in its discretion order the administrative proceeding stayed during the pendency of the proceeding, and-if necessary for a reasonable time thereafter to afford the parties time to comply with the court order° (e) Where the matter sought to be discovered is under the custody or control of the respondent party and the respondent party asserts that such matter is not a discoverable matter under the provisions of Section 11507.6, or is privileged against disclosure under such provisions, the court may order lodged with it such matters as are provided in subdivision (b) of Section 915 of the EvidenCe Code and examine such matters in accordance with the provisions thereof. (f) The court shall decide the case on the matters examined by the court in camera, the papers filed by the parties, and such oral argument and additional evidence as the court may allow. · (g) Unless otherwise stipulated by the parties, the court shall no later than 30 days after the filing of the petition file its order denying or granting the petition, provided, however, the court may on its own motion for good cause extend such time an additional 30 days. The order of the court shall be in writing setting forth the matters or parts thereof the petitioner (1193) 7 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 =he 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 part thereof, may within 15 days after the service of the superior court's Order serve and file in the district court of appeal for the district in which the superior court is located, a petition for a writ of mandamus to compel the superior court to set aside or otherwise modify its order. Where such review is sought from an order granting discovery, the order of the trial court and the administrative proceeding shall be stayed upon the filing of the petition for writ of mandamus, provided, however, the court 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 court of appeal except upon a clear showing of probable error. (i) Where the superior court finds that a party or his attorney, with6ut 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. I~.11 (1/93) 8 California Business Search. ~ Page 1 of 1 DISCLAIMER: The information displayed here is current as of Apr 18, 2003 and is updated weekly. It is not a complete or certified record of the Limited Partnership or Limited Liability Company. LP/LLC NESTLE ICE CREAM COMPANY, LLC Number: 200231710070 JJDate Filed: 11/12/2002 IJst tus: active Jurisdiction: DELAWARE Principal Address 12647 ALCOSTA BLVD STE 300 SAN RAMON, CA 94583 Agent for Service of Process C T CORPORATION SYSTEM Fees and instructions for requesting certification of limited partnership and/or limited liability company records are included on the LP/LLC Records Order Form. Blank fields indicate the information is not contained in the computer file. If the agent for service of process is a corporation, the address of the agent must be requested in writing. Fees and instructions for requesting this information are included on the Corporate Records Order Form. http://kepler, ss.ca.gov/corpdata/ShowLpllcAllList?QueryLpllcNumber=-200231710070&pr... 4/24/2003 Prepared by: File Name: Report Date: Incident: Location: Incident Date: Violation: Statute: penalty: Suspect - 1: BAKERSFIELD FIRE DEPARTMENT ~ OFFICE OF ENVIRONMENTAL SERVICES PRELIMINARY INVESTIGATION REPORT ~oward H. Wines, III Hazardous Materials Specialist Registered Geologist No. 7239 S :\CORRESPONDENCE~2003-04~Prelim Inv. Rpt Nestlel.DOC April 18, 2003 Nestle Ice Cream Company's Wastewater Discharge of Hazardous Waste 7301 District Blvd April 8, 2003 Disposal, treatment or storage at, or transportation to, facilities without permits or at unauthorized points. , California Health & Safety Code section 25189.5 $ 2,250 John P. Gilmore, Environmental, Health, andSafety Manager for Nestle Witness -1: Alice Chang, Industrial Wastewater Inspector, Bakersfield Public Works Narrative: Apparently, a faulty installation of a new pH probe the day before caused a pH fluctuation in the waste water treatment tank. Due.to previous pH fluctuations and hazardous waste discharges, a mitigation measure operated. A valve closed the discharge line once the pH deviated from acceptable limits. However, over an hour passed before Nestle maintenance could perform the diagnostic and repair to the pH adjustment system.. During this time, the pH had been over-alkalized to above the hazardous limit of 12.5 pH. In addition; wastewater continued to be emitted from the production facility and eventUally filled the treatment holding tank. Once the tank was filled, hazardous levels of caustic wastewater began to flow out through a by-pass pipe to the sanitary sewer. Approximately 7,500 gallons of hazardous waste water flowed for a total of only about 15 minutes before conditions were brought under control.? Administrative Enforcement Action - Nestle Ice Cream Company, LLC Preliminary Investigation Report Page 2 Penalty Calculation Pursuant to Title 22 of the California Code of Regulations Actual or Potential Harm: Extent of Deviation: Moderate. Sodium hydroxide solution in waste water discharge. -Minor. Extent of pH, quantity and duration of release was limited. Initial Base Penalty: $ 4000 Additional Penalties: Intent (before the fact): N/A. Total Base PenaltY: $ 4000 Adjustment Factors: Cooperation and Effort: Multiplier (0.75 to 1.0) Excellent cooperation, response, and notification efforts (0.75). $ 3000 Prophylactic Effect: Multiplier (0.5 to 2.0) This is a second offence, but illustrates that procedures' put in plaCe from the previous enforcement were somewhat effective in limiting this subseqUent release. (Beneficial Effect = 0.75) $ 2,250 Economic Benefit: N/A $ 2,250 Ability to Pay: N/A. Final Adjusted Penalty: $ 2,250 B A K E R S F I E L PUBLIC WORKS DEPAMFM~NT I$01 TRuXTUN AVENUE BAKERSFIELD, CALIFORNIA 93301 (661) 326-3724 Apdl 22, 2003 ~Ut. M. ROJA3, Di]LEC"~ oCTfY ENOINF..i~ ROUt~ Mr. Buttons Coleman ' Nestle Ice Cream Company 7301 Distdct Boulevard Bakersfield, CA 93313 VIA CERTIFIEDKIAIL' Re: Notice of Violation Dear Mr. Coleman: This notice is.hereby based on the following: Lefal Authority The following findings are made and Notice issued pursuant to the authority vested in' :he City Engineer of the City of Bakersfield (City), under Chapter 14.12 of the Bakersfield Muni :ipal Code (Code). This notice is based on findings of violations of conditions of section 14.12.220.B.3 of the City's Code and/or the industrial wastewater discharge permit iss .md to the facility. Findings On Apdl 8 and April 9, 2003, Nestle Ice Cream COmpany had notified the City by telex: hone of a high pH discharge from the facility. Upon review, Nestle Ice Cream Company was f, ~und in violation of its Industrial Waste Discharge Permit No. 3-BK-0008-04: · The discharge consisted of a pH between 12-13.6 units for sixteen (16) min ~tes. · During that period, the discharge exceeded a pH of'12.5 for fourteen (14) m nutes. Discharge of a pH greater than 12 units is a local limit violation while a pH >- 12.5 is h~ zardous waste by definition. Post-it' Fax Note 7671 IT° Phone it · S:~l-indusMal users~JT-4-Nes~lOV~NOVApr03 pH. DOC Nestle Ice Cream Company ~Page 2 April 22, 2003 Notice Nestl~ Ice Cream Company is required to submit the following items to the City for approval: A letter documenting the event and listing corrective actions to prevent recurrence. Such a letter was sent by Nestl~ Ice Cream Company on April 11, 2003 and received on April 15, 2003. The corrective actions listed were acceptable and are being implemented. Compliance with the requirements of this Notice does not excuse prior violations nor i revent collection of penalties or damages at a later time. ApPeal Rights: You have the right to appeal this Notice. Such appeal must be filed in vriting with the City Clerk within ten (10) days from the date of service of this Notice. If there are any questions, please contact Alice Chang at (661) 326-3249. Very truly y°urs, PAUL M. ROJAS Public Works Director Wen-Shi Cheung ~ Wastewater Supervisor II -- AC cc: Jennifer Friebel, Nestl~ Ice Cream Company John P. Gilmore, Nestl~ Ice Cream Company S:~l-industrial users~.17-4*Nes~JOV~lOVApr03 pH.DOC NESTLI;: ICE CREAM COMPANY LLC Apfill0,2003 Howard Wines City of Bakersfield Fire Department Office of Environmental Services 1715 Chester Avenue, Suite 300 Bakersfield, CA 93301 Re: .~ April 8, .~00_3,_gigh_ p__H___Wastewater pisc_har__ge from the Nestl6 Ice Crea~ Co_~pa__ny ............ Bakersfield Facility Dear Mr. Wines: At approximately 10:30 PM Tuesday, APril 8; 2003, Nestl6 Ice Cream Company maintenance personnel responded to a high water level alarm at the Bakersfield facility wastewater treatment 'pi'anii' Ui00h'maintenance arrix)~l at the Wastewater i~reatmeni plantit Was 'hlso bb~erged'that the high wastewater level was due to-the discharge valve being in the closed position preventing flow ;ofi wastewater?to the,'City.' sewe~' system.~...!/The discharge }valve had' be~en.~'agtgma~ic$1.1y triggered; to! close'.by the :control .PLC program due to* extreme .fluctu~ation:'0f,the pH probe40cated' in the polishing section of the vault. This fluctuation of the pH probe caused the pH adjustment system to:automatically dispense }:40%,SodiumHydroxideinto the polishing vault. Meanwhile, With .the closure of the discharge valve the Water level continued to rise in the polishing vault, which has a capacity of approximately 10,000 gallons. In an attempt .to prevent the polishing vault from overflowing through the bypass into the final flume, which is discharged to the City sewer system, the lift station pump was turned off to prevent additional water from entering the vault system. The lift station pump was turned off at approximately 11:20 PM. Repairs were then started to determine and fix the malfunctioning probe as well as to manually begin-adjusting~the-pH-in~the-polishing'vault. -The cause-ofthe-malfunctioning-probe was-due to the manner in' which the probe had been installed on Monday April 7, .2003. An outSide contractor was responsible for the installation of th6 new probe using wire nuts as a means of connecting the probe wiring. It is believed that the .wire nuts were not sufficient to keep the water out of the wiring and this .resulting in faulty pH 'readings being sent to the PLC system which controls the dispersal'of pH adjustment chemicals. The maintenance personnel removed the probe from the vault and then disconnected the wiring to the probe in an aftempt to reset the probe. Once-this task was completed the' probe i wiring was reconnected and the probe was placed back into the polishing vault and began to function properly ..... ' " ... - · ~ ~';': ~ ~';: ? ;3 :~",""~'~ -..'i .'. · .... : , - "~ :"~. ",i".. ? 2;.,., In 'the interim, wastewater began ~,tO' floTM through ;the'.overflow bypa. ss ;from:b0t ~h ~he polishing t. ank and ,the lift station at,apprOximately' 11':20 PM~ and. 'continued~to.do so unt. i:l~-: 12.'.-22 ,AM. 7301 Distdct Blvd. Bakersfield, California 93313 Tel (661) 398-3500/Fax (661) 398-4860 wastewater continued to flow through the overflow bypass of the lift station from 12:22 AM until 12:31 AM. The following table lists the time, pH reading, and gallons/minute of flow that occurred which was outside the parameters of the facility's Industrial Wastewater Discharge Permit. Time pH Reading Gallons/Minute Flow 11:27 PM 2.66 544.8 11:29 PM 2.28 258 11:30 PM 2.45 10.37 11:34 PM 4.84 1.353 ll:35PM 5.11 4.21 11:36 PM 5.18 6.165 11:37 PM 5.46 4.661 11:38 PM 5.78 4.962 11:39 PM 5.98 5.563 --1'2:04 AM .... ~12:4 .... 528.7 .... 12:05 AM 12.3 556.8 Total Flow 1,925.584 The following table lists the time, pH reading, and gallons/minute of flow that occurred which was outside the parameters of the facility's Industrial Wastewater Discharge Permit and was also a discharge of hazardous Waste to the City sewer system. Time pH Reading Gallons/Minute Flow 11:50 PM 13.1 786.60 11:51 PM 13.1 517.10 11.52 PM 13.1 553.20 11:53 PM 13.1 530.80 11:54 PM 13.1 502.80 11:55 PM 13 - 481.80 11:56 PM 13 487.90 11:57 PM 13 540.00 11:58 PM 12.9 572.30 11:59 PM 12.9 566.90 12:00 AM 12.7 528.70 12:01. AM 12.6 503.30 12.02 AM 12.6 499.50 --12:03-AM ...... 1-2~:6~ -489.60 Total Flow 7,560.50 Based upon this incident the following corrective measures will be implemented at the facility. A function will be added to the PLC program stating that if the pH probe begins to read erroneously, either negative numbers or numbers greater than 14, the chemical feed to both the primary and polishing vaults will be shut down. This installation is to be completed by Monday, April 14, 2003. 2. The second pH probes located in both the primary and polishing vaults, which are reference only probes, will be added to the PLC monitoring screen for reference and 7301 Dist~ct Blvd. Bakers~eld, California 93313 Tel (661) 398-3500 / Fax (661) 398-4860 troubleshooting purposes. This modification is to be completed by Monday, ~April 14, 2003. The wiring installation for the pH probes will be changed out from the wiring being wire nutted together to the wiring being soldered and then heat shrinked. Wire nuts will no longer be permitted as an acceptable installation.. This item was completed on Wednesday, April 9, 2003. The wastewater alarming system will be added to the current Utilities/Facilities operator pager system to allow for a more timely response rather than relying on either the security guard to notify Utilities/Facilities of an alarm or an operator happening upon the monitoring screen and Seeing an alarm. This programming is to be completed by Friday, April 25, 2003. _~.you should have a~ny ques~ti~ons r~e.g~r_ding th_i.s hesitate to contact me at (661) 398-3500. infor~mation being._p_ro~v!d~eO, to you do not J~ffm P. Gilmore Environmental, Health, and Safety Manager 7301 District Blvd. Bakersfield, California 93313 Tel (661) 398-3500/Fax (66~) 398-4860 ~NG W/C2) S0U~D VN.~ Jr ~'P'AS~ UNE W/ StOP VALVE Jr ~ PUUP TO SUUP INSTAU. NEW 16'-0' SUDING GATE .*. FB~CE ' W/ VWY',. SLATS TO I ! I R~MO~'~ FENCE & I TO e~ RELOCaTeD I I nRE VALVES RRE WATER PUMP HOUSE (KOW ucrm) SUDiNG G~TE - 5' T~C~ - 3,000 L~ TEST - 14 R[SAR AT 12" O.C. - BROOM F1N~4 NEW 6' CONC. CURB AROUND NEW ~ SLATS IN EXISTING CHNN UNK FENCE: & GM~ gPo~ ~ w~u.s o~ RA,(~=WAY NEW ST[EL D~DF.R B[TIM~EN TANKS 6' FROM TOP G~OUNO ~ I..L~d. SE~ISO~S AT [ACH SUMP TANK PH P~ OR LOVER E~KISTING PH PROBES TO Wn'H]N TWO FElT OF BOTTOIa OF SUMP T.,UdKS NEW 8' AUTOMATIC VALVE TO EXISTING 8" UANUAL RELEASE VALV~ · 4BOV~ I:q-I PROBE~ FIRE CHIEF RON ERAZE ADMINISTRATIVE SERVICES' 2101 'H' Street Bakersfield, CA 93301 VOICE (805) 326-3941 FAX (805) 395-1349 SUPPRESSION SERVICES 2101 "H' Street Bakersfield, CA 93301 VOICE (805) 326-3941 FAX (805) 395-1349 PREVENTION SERVICES 1715 Chester Ave. Bakersfield, CA 93301 VOICE (805) 326-3951 FAX (805) 326-0576 ENVIRONMENTAL SERVICES 1715 Chester Ave. Bakersfield, CA 93301 VOICE (805) 326-3979 FAX (805) 326-0576 TRAINING DIVISION 5642 Victor Ave. Bakersfield, CA 93308 VOICE (805) 399-4697 FAX (805) 399-5763 Mr. Buttons Coleman, Plant Manager Ice Cream Partners USA, LLC 7301 District Boulevard Bakersfield, CA 93313 March 23, 2001 NO FURTHER ACTION REQUIRED RE: Notice of Violation for pH issued on February 1, 2001 Dear Mr. Coleman, This is to inform you that this department has reviewed the results of the corrective actions taken in response to the incident associated with the wastewater effluent pH decrease to 1.95 on January 27, 2001. Based upon the information submitted; this office is satisfied with the corrective action performed and requires no further action at this time in the above referenced matter. If you have any queStions regarding this matter, please contact me at (661) 326-3979. Sincerely, Howard H. Wines, III Hazardous Materials Specialist Office of Environmental Services HHW/dm cc: Wen-Shi Cheung, Wastewater ~upervisor II Jennifer Friebel, Ice Cream Part:. :'? USA BAKERSFIELD PUBLIC WORKS DEPARTMENT 1501 TRUXTUN AVENUE BAKERSFIELD, CALIFORNIA 93301 (661) 326-3724 February 1, 2001 RAUL M. ROJAS, DIRECTOR · CITY ENGINEER Mr. Chuck Dries Ice Cream Partners, USA 7301 District Boulevard Bakersfield, CA 93313 Re: Compliance Status For Permit No. 3-BK-0008, 4th Quarter 2000; NOtice of Violation for pH on 1/27/01 Dear Mr. Dries: Thc City of Bakersfield is required to submit a quarterly report to the California Regional Water Quality Control Board regarding the compliance status of industrial users. This is to inform you that your facility was reported as achieving "consistent compliance." In addition, this letter shall serve as a notice of violation for the incident on 1/27/01 in which your effluent pH dropped to 1.95 pH. This exceeds the lower federal limit and also the state hazardous waste criteria. If you have any questions, please contact Lara Kimm at (661) 326-3249. Very truly yours, JACQUES R. LaROCHELLE Interim Public Works Director By Wen-Shi Cheung Wastewater Supervisor II CC: Jennifer Friebel, Ice Cream Partners, USA Howard Wines, City OES S:\C\Forms\CCstat uslt r iter time!gl thorlty o~! attorney¢~f othmg ~l 'ty of (a) The Legislature hereby finds and declares that deminerali- zation of water is a standard indusirial water purification process used by utilities and indust~. The regeneration and recycling of ion exchange media used to demineralize water is a continuous, onsite, totally enclosed, automated process, which is exempt from federal permitting requirements. The conditions set forth in subdivision (d) Of Section 25201.5 are important to protect the environment by ensuring notification before treatment begins, written operating instructions, inspections, compliance with pretreatment standards, cleanup of terminated units, and record- keeping to demonstrate compliance. However, those conditions are inapplicable to demineralization units because of the en- closed, automated, continuous technologY involved, the very brief period in which treatment occurs, and the lack of any waste residue. An exemption from Section 25201.5 is therefore appropriate. Similarly, elementary neutralization associated with food processing industry wastewaters should also be exempt from Section 25201.5. (b) An owner or operator of an elementary neutralization unit, as defined in Section 66260.10 of Title 22 of the California Code of Regulations, and any storage tank not regulated under the federal act which is an integral part of the demineralizer operation, that neutralizes wastes which are hazardous solely due to' corrosivity or toxicit?' that results only from the acidic or alkaline material, is exempt from this article, including the requirement of obtaining a hazardous waste facilities permit or other grant of authorization from the department, if the wastes result solely from the regeneration of ion exchange media used to demineralize water, do not contain more than 10 percent acid or base concentration by weight, * * * are treated in vessels and piping constructed of materials that are compatible with the range of temperatures and pH levels of the wastes, and are subject to appropriate pH and temperature controls. -- (c)(1) An owner or operator of an elementary neutralization unit, as defined in Section 66260.10 .of Title 22 of the California Code of Regulations, including any storage or processing tank not regulated under the federal act which is an integral part of i'he elementary neutralization operation, is exempt from this article, including the requirement to obtain a hazardous waste facilities permit or other grant of authorization from the d_~partment, if all of the following requirements are met: (A) The unit neutralizes wastewaters which are hazardous s_oolely due to corrosivitv or toxicity that results only from alkaline or acidic materials used in the owner's or operator's food ELocessing operations. LB) The wastewaters result from food processing operations, do..._~not contain more than 10 percent acid or base concentration b~eight, are treated in vessels and piping that are compatible witch the range of temperatures and pH levels of the wastewaters, an~d are subject to appropriate pH and temperature controls. (2) For purposes of this subdivision "food processing opera- tion'' means activities conducted at facilities in SIC Code Major 'O~ro.~up 20 (Food and Kindred Products), and includes prepara- tio.~n, mixing, cooking, fermentation, aging, storage, packaging, sani~tizing, or pasteurization of products intended for human cons.~umption, and all associated equipment and vessel cleaning subdivisions (b) and (C)]Of this section: (1) Puncturing, dral.nlng, or crushing of aerosol cans, at ambient temperature s~tbject to both of the following: (A) The equipment ,used is &si=ned to capture the gaseous and liquid contents oft the cans, prevent fire, explosion, and unauthorized releases of hazardous constituents, and prevent worker exposure to haz~ardous materials released from the cans, and is certified by the department for use in compliance with this section pursuant to SeCtion 25200.1.5. The dep,~rtment shall ap. pr. ore or deny an application for certifica!io.n of the equipment wlth,n 180 days fromI the date of receIving an application determined to be compl,ete. (B) The aerosol canslare recycled as scrap metal. (2) Except as provid{ed in subdivision (b)i the s~paration of used oil from water, if fill other applicable laws and regulations are met, the used oil is properly transported to an authorized oil recycler, and the separaiion is accomplished by using one of the folloWing methods: (A) 'Gravity separation. (B) A centrifuge· (C) Membrane technplogY. (D) Heating of the lwater containing the used oil to a temperature that is not more than 20 degrees Fahrenheit below the flashpoint of the tlsed oil component of the mLxture at atmospheric pressure. (E) The addition of demulsifiers to the water containing the used oil. operation of (3)(A). The a totally enclosed treatment unit or facility, as defined in ISection 66260.10 of Title 22 of the California Code of Regu~lanons, when authorized by regulations adopted by the department pursuant to subparagraph (B). (B) The department shall, on or before January 1, 1997, adopt regulations pursuant to ,Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code exempting this type of unit or facility from this article to the extent that the department determines that the exemption is consistent with the prot,ectlon of public health, safety, and the environment. (b) For purposes of Iparagraph (2) of subdivision (a); the separation of used oil fiom water does not include a method using any of the following: (1) Contaminated groundwater. (2) Water containing any measurable amount of gasoline or more than 2 percent of alcombmation of Number 1 or Number 2 diesel fuel. (3) Used oil and water, which contain other con~ifituents which render the material hazhrdous under the regulations adopted pursuant to Section 25140 and 25141. (c) A generator oper~ting pursuant to subdivision (a)' shall meet all of the following .6onditions: (1) The generator complies with the conditions, of subdivi- sions (d) and (e) of Section 25201.5. City of Bakersfield ~..~.:..~..] .......... '.....i TRANSMITTAL SLIP Date .............. To ..... .~......~....~.'..~..-~. ............................... : .................... [ ....... From ........ ~.....~',.J~l ...~3......,t~.. ...... For Your -- [] Signature [] Action t~formation [] File Please: -- [] Return [] See Me [] Follow Up [] PrepareAns~wer Copy to: ................................................................................................. ' ........ Memo: .. ~.~.........?....c:~........O..~...~....E'.-~.....~....~f*...~.-'iS .... .~....~..o..o.~.~,~.~.~ ...... ~ ..... ~...~..~.. .l~..~.~.~..~s.....~~ ........ .~....l~.:.&~ ..~...~.~....~ ....... ~.m~.~.~~.,...~ ........ ..~..~,~,...~.....I.~.~.~ ...... ~.~.~.~ ....... ...... ..... Nestlb USA 7301 DISTRICT BOULEVARD BAKERSFIELD, CA 93313 TEL (805) 398-3500 FAX (805) 398-3524 May 5, 1999 Ms. Lara Kimm City of Bakersfield POTW8101 Ashe Road Bakersfield CA 93313 RECEIVED ICEICREAM BUSINESS UNIT FooD DIVISION ~4ouie Dear Ms. Kimm: As we discussed in a meeting at our Facility in December of 1998, il would like to formally, request making some process changes to how we currently handle our wastewater. We have reviewed our pH data for last 60 months. We observed that, in most of the time, oUr effluent from the plant (before the neutralization tank) remains within the discharge pH limit except during the ClP cycles! In order to optimize our neutralization system by allowing more reaction time, ',proper mixing, and proper doses of chemical, we have come up with following proposels which we believe will eliminate future effluent pH exceedence. Present Wastewater Process:' Currently, processing wastewater goes to the wastewater processi;ng area by: 1) entering into a lift station, 2) pumped into the Primary holding tanki 3) open flow into the Polishing tank, (the Primary and Polishing tanks are separated~, by a wall of wooden planks from the top to twelve inches above the bottom of the tank, it is open at the bottom so both sides fill at the same rate) 4) Overflows into ihe manhole, 5) gravity flows into the'Flume (past the flow meter) and 6) flows out ~o the city after meeting up with the engine room wastewater. Please see the attachment -1 (wastewater process flow diagram). Proposed Wastewater Process: instead of keeping We are proposing to keep the same basic flow pattern. However, both the Primary and Polishing tanks full all of the time, we would !ike to keep the wastewater level in the tanks at a level approximately one foot from the bottom during normal operating conditions (7.0<pH<l 1.0). The pH probes will be lowered to be at or below the level of the tank under normal conditions; this Will prevent them from drying out. When the influent pH is lower than 7 or higher than 11, the tanks will be fully utilized and chemicals will be added (this will provide suffi'cient reaction time and proper chemical doses) to achieve the discharge pH limit. Th,~ system will be automatic with appropriate logic control. I The Primary tank will be sealed all the way to the' bottom of the ta~k and will be used as the main tank for pH neutralization and the wastewater from this tank will overflow · Page 2 May 4, 19~9 to the secondary tank for final pH polishing before it exit;the tank for discharge to the city sewer system. There will be a solenoid controlled valve between the two tanks that allows flow from the Primary tank to the secondary tank when the pH in the Primary tank is between 7 and 11. If the pH is below 7 and/or above 11 then the valve will be closed and the wastewater will be treated until the desired pH is achieved. Please see the drawing attached (attachment - 2). The manual discharge valve located at the bottom of the Polishing tank will be placed in the open position and an automatic valve will be placed in series with the manual valve. When the pH in the Polishing tank is between 7 and 11 the automatic valve will ozoen allowing wastewater to flow out of the holding tanks. In the event that the pH it~ not between 7 and 11 the level will rise until it finally overflows the tank. The Final pH probe will still activate an alarm and a facility technician will be instantly notified. The facility technician will be instructed to shut off the pumps pumping wastewater to the Primary tank and add acid or caustic as needed through a ~ b_y~p_ass~'chemical line'into the Primary and Polishing tanks. In addition to the above changes the existing acid and caustic tanks will be raised approximately three to four feet and larger piping will be run from the chemical tanks to the Primary and Polishing tanks. This will accommodate removing the 4 existing pumps. Two solenoids will be placed on each acid and caustic line for redundant protection in the event that one valve should fail in the open position. There will also be a manual by-pass line attached around the two automatic solenoid valves to allow for proper treatment in the event that one of the solenoid valves fail. The valves will be checked every eight hours by the facility technician. There will also be a containment pad poured for containment of the acid/caustic delivery vehicle. The pad will be sloped toward the existing pipe containment area and rainwater will be manually pumped out. '. I would like to explain the details of our proposed plan to you and your staff if it is warranted. With your quick approval, we are expecting to complete this project before December 31, 1999. We would like to complete the work before the above- mentioned date, however due to the complexity of the changes and facility's operation schedule, we believe that the above mentioned dead line is more appropriate and practical. Should you have any questions, please call me at (661) 398-3597. Sean Gillespie Maintenance Manager Attachments: 1. Drawings 2. Schedule CC. Chuck Dries - Bakersfield Binayak Acharya - Glendale, 14 Norm Carter- Bakersfield Rick Artino - Solon WASTE WATER DIVISION CITY OF BAKERSFIELD INSTALL, NEW 4" CONC. WALL INSIDE OF EXIST. CHEMICAL CONTAINMENT AREAS - EPOXY FINISH RAISE ACID & CAUSTIC 'TANKS TO ALLOW 'FOR GRAVITY FEED TO TANKS REMOVE EXISTING PUMPS INSTALL TEFLON LINED ,PIPING W/ SOLENOID VALVES TO SUMP TANKS ACID TANK REMOVE EXISTING FENCE & GATE ',FIRE HYDRANT... POUR NEW CONC. PAD SLOPE TO EXISTING PIPING RACEWAY INSTALL NEW 16'-0" SLIDING GATE & FENCE W/ VINYL SLATS TO MATCH EXISTING CAUSTIC TANK I I l. iJ III . '., TO BE RELOCATEg " ''"" '..- .LIGHT POST' . .., ,. .:. '.'IZ ::LiFT sTATIoIi ::.~. :'.' MANHOLE PIV 4 & 5 FIRE VALVES FLUME (FLOW METER,) TRASH I I I I I FIRE WATER PUMP HOUSE I t PUMP EQUALIZATION SUMP MANHOLE' CONCRETE SPECS. - 5" THICK - 3,000 LB. TEST ' #4'REBAR AT' 12" O.C. - BROOM FINISH NOTE: CONTROL/READ-OUT STATION FOR PH PROBES & LEVEL SENSORS - LOCATION TO BE DETERMINED. INSTALL NEW .6" CONC. CURB AROUND PERIMETER OF FENCE INSTALL NEW VINYL SLATS IN EXISTING CHAIN LINK FENCE. & GATE EPOXY INSIDE WAELs OF SUMP TANKS & PIPING RACEWAY INSTALL NEW STEEL DIVIDER BETWEEN TANKS ADD NEW AUTOMATIC RELEASE VALVES AT EACH SUMP TANK NEW LEVEL SENSORS AT EACH'SUMP TANK NEW PH PROBES OR LOWER EXISTING PH PROBES TO WITHIN TWO FEET OF BOTTOM OF SUMP TANKS RBVISlON8 BAKERSFIELD, CA 93313 _' __MANHOLE · --0'-----'--0 0 0 0 0 0 "'~'- MANHOLE PIV 4- &: 5 FIRE VALVES FIRE WATER PUMP HOUSE ACID CAUSTIC ~.__.,~ TANK TANK I I I L i I , I' I PARTIAL FLUME (FLOW METER)I I%lq~,"lx],'-~tL>l I I --I r-i n ~ -__--i=- FIRE O HYDRANT LIGHT POST LIFT STATION I j PUMF ,--- ~ PH MANHOLE -- -- - PROBE ! ~ HATCH ' TRASH I SLIDING GATE MANHOLE I I I I I I 1 I I N- PH PROBE t ! I I I I PUMP EQUALIZATION SUMP MANHOLE ,RltYlSlONS WASTE WATER TRKA'I'M~NT ARE  ~esQ~ lee Cream ¢ompa~ BAI~RSFIELD, CA 93313 ., ,or, i/ xI , Title 22 vJ-~,ironmental Health Standards~H~z~rdou~a~astc Article 9. Use and Management of Containers § 66265.170. Applicability. Thc regulations in this article apply to owners and operators o fall haz- ardous waste facilities that transfer or store containers of hazardous waste, except as section 66265.1 provides otherwise. NOTE: Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.170. HISTORY 1. New section filed 5-24--91; operative 7-1-91 (Register 91, No. 22). § 66265.171. Condition of Containers. If a container holding hazardous waste is not in good condition (e.g., severe rusting, apparent structural defects), or if it begins to leak, the . owner or operator shall transfer the hazardous waste from this container to a container that is in good condition, or manage the waste in some other way that complies with the requirements of this chapter. NOTE: Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. 'Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.171. HISTORY 1. New section filed 5-24-91; operative 7-1-91 (Register 91, No. 22). §.66265.172. Compatibility of Waste with Containers. The owner or operator shall use a container made of or lined with mate- . rials which will not react with, and are otherwise compatible with, the hazardOus waste to be transferred or stored, so that the ability of the con- tainer to contain the waste is not impaired. NOTE: Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.172. HISTORY 1. New section filed 5-24-91; operative 7-1-91 (Register 91, No. 22). § 66265.173. Management of Containers. (a) A container holding hazardous waste shall always be closed during transfer and storage, except when it is necessary to add or remove waste. (b) A container holding hazardous waste shall not be opened, handled, transferred or stored in a manner which may rupture the container or cause it to leak. Re-use of containers for transportation shall comply with the requirements Of the U.S. Department of Transportation regulations, including those set forth in 49 CFR section 173.28. NOTE: Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159~5, Health and Safety Code; 40 CFR Section 265.173. HISTORY I. New section filed 5-24-91; operative 7-1-91 (Register 91, No. 22). § 66265.174. Inspections. 'The owner or operator shall inspect areas used for container storage or transfer, at least weekly, looking for leaking containers and for deterio- ration of containers and the containment system caused by corrosion or other factors. NOTE: Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.174. HISTORY 1. New section filed 5-24-91; operative 7-1-91 (Register 91, No. 22). §.66265.176. Special Requirements for Ignitable or Reactive Waste. Containers holding ignitable or reactive waste shall be located at leas't 15 meters (50 feet) from the facility's property line. NOTE: Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Rcfcrence: Sections25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.176. HISTORY I. New section filed 5-24-91; operative 7-1-91 (Register 91, No. 22). § 66265.191 § 6'6265.177. Special Requirements for Incompatible Wastes. (a) lncompatiblc wastes, or incompatiblc wastcs and materials (sec Appcndix V for cxamplcs) shall not bc placcd in thc samc containcr, un- less'section 66265.17(b) is complied with. (b) Hazardous waste shall not be placed in an unwashed container that previouslY held an incompatible waste or material (sec Appendix V for examples). (c) A container holding a hazardous waste that is incompatible with any waste or other materials transferred or stored nearby in other contain- ers, piles, open tanks, or surface impoundments shall be separated from the other materials or protected from them by means of a dike, berm, wall, or other device. NOTE: Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.177. HISTORY 1. New section filed 5-24-91; operative 7-1-91 (Register 91, No. 22). § 66265.178. Air Emission Standards. The owner or operator shall manage all hazardous waste placed in a container in accordance with the applicable requirements of articles 27, 28 and 28.5 of this chapter. NOTE: Authority cited: Sections 25150, 25159, 25159.5, 25245 and 58102, Health and Safety Code. Reference: Sections 25150, 25159,and 25159.5, Health and Safety Code; and 40 CFR Section 265.178. HISTORY I. Change without regulatory effect adding new section filed 6-11-99, pursuant to . Health and Safety Code section 25159.1 (Register 99, No. 24). Article 10. Tank Systems § 66265.190. Applicability. The regulations of this article apply to owners and operators of facili- ties that use tank systems for transferring, storing or treating hazardous waste, except as otherwise provided in subsections (a) and (b) of this sec- tion or in section 66265.1 of this chapter. (a) Tank systems that are used to transfer, store or treat hazardous waste containing no free liquids and that are situated inside a building with an impermeable floor are exempted from the requirements of sec- tion 66265.193 of this article. To demonstrate the absence or presence of free liquids in the stored/treated waste, the following test must be used: Method 9095 (Paint Filter Liquids Test) as described in "Test Methods for Evaluating Solid Wastes, Physical/Chemical Methods", (EPA Publi- cation No. SW-846, 3d edition and Updates (incorporated by reference in section 66260.11 of this chapter)) shall be used. (b) Tank systems, including sumps, as defined in section 66260.10, that serve as part of a secondary containment system to collect or contain releases of hazardous wastes are exempted from the requirements in sec- tion 66265.193(a). (c) Tanks, sumps, and other collection devices used in conjunction with drip pads, as defined in section 66260.10 and regulated under Chap- ter 15, Article 17.5, shall meet the requirements of this article. NOTE: Authority cited: Sections 25150, 25159, 58004 and 58012, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 265.190. HISTORY 1. New section filed 5-24-91; operative 7-1-91 (Register 91, No. 22). 2. New subsection (c) and amendment of NOTE filed 7-29-94; operative 8-29-94 (Register 94, No. 30). 3. Certificate of Compliance as to 2-11-97 order, transmitted to OAL 6-10097; disapproved by OAL and order of repeal as to 2- l 1-97 filed on 7-24-97 (Regis- ter 97. No. 30). 4. Certificate of Compliance as to 2-11-97 order, including amendment of section and NOTE, resubmitted to OAL and approved on 7-24-97 (Register 97, No. 30). 5. Amendment of subsection (a) and NOTE filedd0-13-98; operative 11-12-98 (Register 98, No. 42). § 66265.191.' Assessment of Existing Tank System's Integrity. (a) For each existing tank system that docs not have secondary con- tainment meeting the requirements of section 66265.193, the owner or Page 758.81 Register 99, No. 24; 6-11 A99 § 66265.191 operator shall determine that the tank system is not leaking or is unfit for usc. Except as provided in subsections (c) and (e) of this section, the own- er or operator shall obtain and keep on file at the facility a written assess- ment reviewed and certified by an independent, qualified, professional engineer, registered in Califomia, in accordance with section 66270.1 l(d), that attests to the tank system's integrity by thc dates indi- cated below: (I) January 12, 1988, for tanks containing RCRA hazardous wastes, unless: (A) the owner or operator is a conditionally exempt small quantity generator as defined in 40 CFR section 261.5, or a 100 to 1000 kg per month generator as defined in 40 CFR section 265.201, or (B) the owner or operator is not subject to regulation in 40 CFR part 265 pursuant to an exemption in 40 CFR section 265.1; (2) July 1, 1991, for: (A) tanks containing only non-RCRA hazardous wastes, and (B) tanks containing RCRA hazardous wastes, if: 1. the owner or operator is a conditionally exempt small quantity gen- erator or a 100 to 1000 kg per month generator, or 2. the owner or operator is not subject to regulation in 40 CFR part 265 pursuant to an exemption in 40 CFR section 265.1, but the owner or oper- ator is subject to the standards of this article. (b) This assessment shall determine that the tank system is adequately designed and has sufficient structural strength and compatibility with the waste(s) to be transferred, stored or treated to ensure that it will not col- lapse, rapture, or fail. At a minimum, this assessment shall consider the following: (1) design standard(s), if available, according [o which the tank and an- cillary equipment were constructed; (2) hazardous characteristics of the waste(s) that have been or will be handled; (3) existing corrosion protection measures; (4) documented age of the tank system, if available, (otherwise, an es- timate of the age); and (5) results of a leak test, internal inspection, or other tank integrity ex- amination such that: (A) for non-enterable underground tanks, this assessment shall con- sist of a leak test that is capable of taking into account the effects of tem- perature variations, tank end deflection, vapor pockets, and high water table effects, (B) for other than non-enterable underground tanks and for ancillary equipment, this assessment shall be either a leak test, as described above, or an internal inspection and/or other tank integrity examination certified by an independent, qualified, professional engineer, registered in Cali- fornia, in accordance with section 66270.1 l(d) that addresses cracks, leaks, corrosion, and erosion. (c) For tank systems that transfer, store or treat materials that become hazardous wastes subsequent to the dates indicated below, this.assess- ment shall be conducted within 12 months after the date that the waste becomes a hazardous waste, except as provided in subsection (e) of this section: (I) July 14, 1986, for tanks containing RCRA hazardous wastes, un- less: (A) the owner or operator is a conditionally exempt small quantity generator as defined in 40 CFR section 261.5, or a 100 to 1000 kg per month generator as defined in 40 CFR section 265.201, or (B) the owner or operator is not subject to regulation in 40 CFR part 265 pursuant to an exemption in 40 CFR section 265. I; (2) July 1, 1991, for: (A) tanks containing non-RCRA hazardous wastes only, and (B) tanks containing RCRA hazardous wastes, if: 1. the owner or operator is a conditionally exempt small quantity gen- erator or a 100 to 1000 kg per month'generator, or . 2. the owner or operator is not subject to regulation in 40 CFR part 265 pursuant to an exemption in 40 CFR section 265.1, but theowner or oper- ator is subject to the standards of this article.. BARC'~''' 'S CALIFORNIA CODE OF REGULATI(-~'~' Title 22 (d) Il', as a result of the assessment conducted in accordance with sub- section (a) or (e) of this Section, a tank system is found to be leaking or unfit l'or use, the owner or operator shall comply with thc requirements o1' section 66265.196. (e)(l) Notwithstanding subsections (a) through (c) o1' this section, for each existing tank system that does not have secondary containment meeting the requirements of section 66265.193 and which meets the cri- teria specified in subsection (e)(2) o1' this section, the assessment speci- fied in subsection (g) of this section shall be conducted by January 24, 1998. This assessment shall be reviewed and certified by an independent, qualified, professional engineer, registered in California, in accord'ance with section 66270. I l(d), that attests to the tank system's integrity. The assessment shall be kept on file at the facility until closure of the facility and shall be valid for a period of one year from the date the assessment was Certified. (2) The provisions of subsection (e)(1) of this section apply only to: (A) onground or aboveground tank systems containing only non- RCRA hazardous wastes generated onsite, and tank systems authorized under Permit-by-Rule pursuant to chapter 45 of this division, Condi- tional Authorization pursuant to HSC 25200.3, and Conditional Exemp- tion pursuant to HSC 25201.5, and (B) onground or aboveground tank systems containing RCRA hazard- ous wastes generated onsite, if: i. the owner or operator is a conditionally exempt small quantity gen- erator as defined in 40 CFR section 261.5, or a small quantity generator of more than 100 kg but less than 1000 kg per month as defined in 40 CFR section 265.201, or 2. the owner or operator is not subject to regulation in 40 CFR part 265 pursuant to an exemption in 40 CFR section 265.1, but the owner or oper- ator is subject to the standards of this article. (f) A generator or owner or operator authorized pursuant to Permit- by-Rule pursuant to Chapter 45 of this division, Conditional Authoriza- tion pursuant to HSC 25200.3, or Condition'al Exemption pursuant to HSC 25201.5, operating a non-RCRA underground tank system or an underground tank system otherwise exempt from permitting require- ments pursuant to the federal act, shall comply with the applicable stan- dards of Title 23 of the California Code of Regulations relating to under- ground tank systems. (g) The tank system assessment shall include all of the following infor- mation: (1) tank configuration (i.e., horizontal, vertical), and gross capacity (in gallons); (2) design standard(s), if available, according to which the tank and an- ciliary equipm6nt were constructed and all of the following information; (A) material of construction; (B) material thickness and the method used to determine the thickness; (C) description of tank system piping (material, diameter); (D) description of any internal and external pumps; and (E) sketch or drawing of tank including dimensions. (3) documented age of the tank system, if available, otherwise, an esti- mated of the age based on owner or operator knowledge; (4) description and evaluation of the adequacy of any leak detection equipment; (5) description and evaluation of any corrosion protection equipment; (6) description and evaluation of any spill prevention or overfill equip- ment; (7) hazardous characteristics of the waste(s) that have been or will be handled; (8) description of any structural damage or inadequate construction or installation such as cracks, punctures, or damaged fittings. All discrepan- cies shall be documented in the assessment and remedied before the tank system is certified for use. (9) results of a leak test, internal inspection, or other tank system integ- rity examination including the type of integrity examination Performed (i.e., ultrasonic, internal examination, volumetric tank test, pipeline pres: Page 758.82 Register 99, No. 24; 6-11-99 Title 22 sure test). Tank system integrity or leak test requirements must be in com- pliance with all local requirements. Prior to conducting a tank system in- tegrity test or leak test, contact local agency staff for local requirements. (10) estimated remaining service life of thc tank system based on find- ings of subsections (g)(1) through (g)(9). NOTE: Authority cited: Sections 25150 and 25159, Health and Safety Code. Ref- erence: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.191. H/STORY 1. New section filed 5-24-91; opei'ative 7-1-91 (Register 91. No. 22). 2. Amendment filed 6-19-95 as an emergency; operative 6-19-95 (Register 95, No. 25). A Certificate of Complaince must be transmitted to OAL by 10-17-95 or emergency language will be repealed by operation of law on the following day. . 3. Amendment refiled 10-16-95 as an emergency; operative 1 0-16-95 (Register 95, No. 42). A Certificate of Compliance must be transmitted to OAL by 2-13-96 or emergency language will be repealgd by operation of law on the fol- lowing day. 4. Amendment refiled 2-1 6-96 as an emergency; operative 2-16-96 (Register 96, No. 7). A Certificate of Compliance must be transmitted to OAL by 6-15-96 or emergency language will be repealed by operation of law on the following day. 5. Amendment refiled 6--17-96 as an emergency; operative 6-17-96 (Register 96, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-15-96 or emergency language will be repealed by operation of law on the following day. 6. Amendment refiled 10-15-96 as an emergency; operative 10-15-96 (Register 96, No. 42). A Certificate of Compliance must be transmitted to OAL by 2-12-9'/or emergency language will be repealed by operation of law on the fol- lowing day. ?. Amendment refiled 2-11-97 as an emergency, including amendment of No'rE; operative 2-11-97 (Register 9?, No. ?). A Certificate of Compliance must be transmitted to OAL by 6-11-97 or emergency language will be repealed by op- eration of law on the following day. 8. Certificate of Compliance as to 2-11-97 order transmitted to OAL 6-10-97; disapproved by OAL and order of repeal as to 2-11-97 filed on ?-24-9? (Regis- ter 97, No. 30). 9. Certificate of Compliance as to 2-11-97 order, including amendment of section and NOTE, resubmitted to OAL and approved on 7-24-9'7 (Register 97, No. 30). § 66265.192. Design and Installation of New Tank Systems or Components. (a) Owners or operators of new tahk systems or components shall eh-' sure that the foundation, structural support, seams, connections, and pressure controls (if applicable) are adequately designed and that the tank system has sufficient structural strength, compatibility with the waste(s) to be transferred, stored or treated, and corrosion protection so that it will not collapse, rupture, or fail. The owner or operator shall obtain a written assessment reviewed and certified by an independent, qualified, profes- sional engineer, registered in California in accordance with section 66270.11 (d) attesting that the system has sufficient structural integrity, is acceptable for the transferring, storing and treating of hazardous waste, and that the tanks and containment system are suitably designed to achieve the requirements of this article. This assessment shall be ob- tained prior to placing the tank system in service, and shall be kept on file at the facility. This assessment shall also include, at a minimum, the fol- lowing information: (1) design standard(s) according to which the tank(s) and ancillary equipment are or will be constructed; (2) hazardous characteristics of thc waste(s) to be handled; (3) for new tank systems or components in which the external shell of a metal tank or any external metal component of the tank system is or will be in contact with the soil or with water, a determination by a corrosion expert of: (A) factors affecting the potential for corrosion, including but not lim- ited to: 1. soil moisture content; 2. s0il pH; 3. soil sulfides level; 4. soil resistivity; 5. structure to soil potential; 6. influence of nearby underground metal structures (e.g., piping)i 7. Stray electric current; and, 8. existing corrosion-protection measures (e.g., coating, cathodic pro- tection), and Page 758.83 "~'ronmental Health Standards Hazardo.~ "~ ;te § 66265.192 (B) thc type and degree of external corrosion protection that are need- ed to ensure the integrity of the tank system during the use of thc tank sys- tem or component, consisting of one or more of the following: 1. corrosion-resistant materials of construction such as special alloys or fiberglass-reinforced plastic; 2.. corrosion-resistant coating (such as epoxy or fiberglass) with ca- thodic protection (e.g., impressed current or sacrificial anodes); and 3. electrical isolation devices such as insulating joints and flanges; ' (4) for underground tank system components that are likely to be af- fected by vchitular traffic, a determination of design or operational mea- sures that will protect the tank system against potential damage; and (5) design considerations to ensure that: (A) tank foundations will maintain the load of a full tank; (B) tank systems will be anchored to prevent flotation or dislodgement where the tank system is placed in a saturated zone, or is located within a seismic fault zone; and (C) tank systems will withstand the effects of frost heave." (b) The owner or operator of a new tank system shall ensure that proper handling procedures are adhered to in order to prevent damage to the sys-- tem during installation. Prior to covering, enclosing, or placing a new tank system or component in use, an independent, qualified installation inspector or an independent, qualified, professional engineer, registered in California, either of whom is trained and experienced in the proper in- stallation of tank systems, shall inspect the system or component for the presence of any of the following items: (1) weld breaks; (2) punctures; . .(3) scrapes of protective coatings; (4) cracks; (5) corrosion; (6) other structural damage or inadequate construction or installation. All discrepancies shall be remedied, before the tank system is covered, enclosed, or placed in use. (c) New tank systems or components and piping that are placed under- ground and that are backfilled shall be provided with a backfill material that is a noncorrosive, porous, homogeneous substance and that is care- fully installed so that the backfill is placed completely around the tank and compacted to ensure that the tank and piping are fully and uniformly supported. (d) All new tanks and ancillary equipment shall be tested for tightness prior to being covered, enclosed or placed in use. If a tank system is found not to be tight, all repairs necessary to remedy the leak(s) in the system shall be performed prior to the tank system being covered, enclosed, or placed in use. (e) Ancillary equipment shall be supported and protected against physical damage and excessive stress due to settlement, vibration, expan- sion or contraction. (f) The owner or operator shall provide the type and degree of corro- sion protection necessary, based on the information provided undtr sub- section (a)(3) of this section, to ensure the integrity of the tank system during use of the tank system. The installation of a corrosion protection sYstem that is field fabricated shall be supervised by an independent cor- rosion expert to ensure proper installation. (g) The owner or operator shall obtain and keep on file at the facility written statements by those persons required to certify the design of the tank system and supervise the installation of the tank system in accor- dance with the requirements of subsections (b) through (f) of this section to attest that the tank system was properly designed and installed and that repairs, pursuant to subsection (b) and (d) of this section were performed. These written statements shall also include the certification statement as required in section 66270.11 (d) of this division. (h)(I) Notwithstanding subsections (a) through (g) of this section, de- sign and installation of new tank systems or components used to manage hazardous waste, and which meet the criteria specified in subsection (h)(2) of this section, are not subject to the requirements of subsections (h) through (m) of this section until January 24, 1998. The assessment Register 99, No. 24; 6- I 1-99 § 66265.192 specified !n subsection (k) of this ~ection shall be obtained prior to plac- ing a new tank system in service and shall be kept on file at the facility. This assessment shall be reviewed and certified by an independent, quali- fied, prol'essional engineer, registered in California, in accordance with section 66270.11 (d), attesting that th~ tank system has sufficient structur- al integrity and is acceptable for thc transferring, storing .and treating of hazardous waste. The assessment shall be valid for a maximum period of five (5) years or the remaining service life of the tank system, as stated in the engineer's assessment, whichever is less. New tank systems that 'have been assessed pursuant to subsections (a) through (g) of this section prior to June 1, 1995 are'not required to be reassessed pursuant to subsec- tion (k) for a period of five years from the date of the assessment or June I, 2000, whichever is the earlier date. If changes have been made to the tank system or new components have been added to the tank system sub- sequent to an assessment conducted prior to June 1, 1995, the tank system shall be massessed pursuant to subsection (k). (2) The provisions of subsection (h)(1) of this section apply only to: (A) onground or aboveground tank systems containing only non- RCRA hazardous waste generated onsite, and tank systems authorized under Permit-by-Rule pursuant to Chapter 45 of this division, Condi- tional Authorization pursuant to HSC 25200.3, and Conditional Exemp- tion pursuant to HSC 25201.5, and (B) onground or aboveground tank systems containing RCRA hazard- ous waste generated onsite, if: 1. the owner or operator is a conditionally exempt small quantity gen- erator as defined in 40 CFR section 261.5, or a small quantity generator of mom than 100 kg but less than 1000 kg per month as defined in 40 CFR section 265.201, or 2. the owner or operator is not subject to regulation in 40 CFR part 265 pursuant tO an exemption in 40 CFR section 265.1, but the owner or oper- ator is subject to the standards of this article. (i) A generator or owner or operator authorized pursuant to Perm/t- by-Rule pursuant to Chapter 45 of this div!sion, Conditional Authoriza- tion pursuant to HSC 25200.3, or Conditional Exemption pursuant to HSC 25201.5, operating a non-RCRA underground tank system or an underground tank system Otherwise exempt from permitting require- ments pursuant to the federal act, shall comply with the applicable stan- dards of Title 23 of the California Code of Regulations relating to under- ground tank systems. (j) New~ onground 0r aboveground non-RCRA tank systems or tank systems otherwise exempt from permitting requirements pursuant to the federal act, with secondary containment, whose design and installation have been approved by a local agency or agencies, may, at the discretion of the CUPA, be exempt from the engineering assessment specified in subsection (k) of this section, provided minimum criteria specified in subsections (j)(1) through 0)(3) of this section are met. If the CUPA de- termines to exempt a new tank system from the assessment required pur- suant to this subsection, the exemption shall be for a period of not more than three (3) years from the date the exemption was granted. The tank system owner or operator shall submit documentation of local agency ap- proval to the applicable CUPA for review and possible acceptance in lieu of the assessment specified in subsection (k) of this section. If there is no CUPA, or the CUPA requests that the Department make a determination, the documentation shall be submitted to the Department. ( 1 ) tank system must have sec. ondary containment capable of contain- ing 100 percent of the contents of the tank and ancillary piping volume; and (2) if the tank system is exposed to precipitation, the secondary con- tainment system must have sufficient capacity, in addition to that re- quired in subsection (j)(l) of this section, to contain mn-on and infiltra- tion from a 25-year, 24-hour rainfall event; (3) tank system secondary containment shall be provided with a leak detection system that is designed and operated so that it will detect either the failure of the primary and secondary containment structure or any re- lease of hazardous waste or accumulated liquid in the secondary contain- ment system within 24 hours, or at the earliest practicable time if the ex- BARC! "'~ 9, CALIFORNIA CODE OF REGuLATIC A Title 22 isting detection technology or site conditions will not allbw detection of a release within 24 hours. (k) The tank system assessment shall include all of the following infor- mation: ( 1 ) tank configuration (i.e., horizontal, vertical), material of construc- tion, and gross capacity (in gallons); (2) design standard(s), if available, according to which the tank and an- ciliary equipmept were or will be constructed and all of the following in- formation: (A) material of construction; (B) material thickness and the method used to determine the thickness; (C) description of tank system piping (material, diameter); (D) description of any intemal and external pumps; and · (E) sketch or drawing of tank including dimensions. (3) documented age of the tank system (if tank was previously used), if available, (otherwise, an estimate of the age); (4) description and evaluation of any leak detection equipment; (5) description and evaluation of any Corrosion protection equipment, devices~ or material; (6) description and evaluation of any spill prevention or overfill equip- ment; (7) description and e*aluation of secondary containment for the tank system (secondary containment must meet minimum standards as speci- fied in subsections (j)(l) through (j)(3) of this section) including applica- ble secondary containment for ancillary equipment as required in subsec- tion 66265.193(f); (8) hazardous characteristics of the waste(s) that have been or will be handled; (9) prior to placing a new tank system or component in use, an inde- pendent, qualified installation inspector or an independent, qualified, professional engineer, registered in California, either of whom is trained and experienced in the proper installation of tank systems, shall inspect the system or component for the presence of any of the following items and document in writing the results of the inspection: (A) 'weld cracks or breaks; (B) scrapes of protective coatings; (C) corrosion; (D) any structural damage or inadequate construction or installation' such as cracks, punctures, damaged fittings. All discrepancies shall be docum6nted ir/the assessment and remedied before the tank system is placed in use. (10) all new tanks and ancillary equipment shall be tested for tighmess prior to being placed in use; The results of the test(s) shall be documented in the assessment.. Tank system integrity or leak test requirements must be in compliance with all local requirements. Prior to conducting a tank system integrity test or leak test, contact local agency staff for local re- quirements. (11) estimated remaining service life of the tank system based on find- ings of subsections (k)(1) through (k)(10). (/) The assessment specified in subsection (k) of this section is not re- quired for the replacement of the following identical or functionally equivalent tank System parts or components: (1) pumps (same type and capacity); (2) plumbing or piping components such as unions, elbows, tees and gaskets~ (3) valves and check valves; (4) piping and valve hangers and supports; (m) Replacement of identical or functionally equivalent tank system parts or components not listed in subsection (1) of this section shall be ap- proved by the CUPA prior to replacement or changeout. If the tank sys- tem part or component is determined to be identical or functionally equivalent by the CUPA, the assessment specified in subsection (k) of this section is not required. The owner or operator shall provide the CUPA, or the Department if there is no CUPA or the CUPA requests that the Department make a determination, with the following information in writing so that a determination can be made: Page 758.84 Register 99, No. 24; 6- ll-99 Title 22 (I) name, address, and EPA identification number of the facility; (2) date of planned replacement; (3) description part or component to be replaced; (4) description of the tank system and type of waste(s) handled; (5) description of how the part or component is identical or l'unctional- ly equivalent to the part or component to be replaced. NOTE: Authority cited: Sections 25150 and 25159, Health and Safety Code. Ref- erence: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.192. ' ' HISTORY 1. New section filed 5-24-91; operative 7-1-91 (R~gister 91, No. 22). 2. New subsections (h)(1)-(h)(2)(B)2. filed 6-19-95 as an emergency; operative 6-19-95 (Register 95, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-17-95 or emergency language will be repealed by operation ?f law on the following day. 3. New subsections (h)(l)-(h)(2)(B)2. milled 10-16-95 as an emergency; opera- nye 1 0-16-95 (Register 95, No. 42). A Certificate o fComptiance must be trans- mitted to OAL by 2-13-96 or emergency language will be repealed by opera- non of law on the following day. 4. New subsections (h)( 1)-(h)(1)(B)2. refiled 2-16-96 as an emergency; opera- nye 2-16-96 (Register 96, No. 7). A Certificate of Compliance must be trans- mitted to OAL by 6-15-96 or emergency language will be repealed by opera- tion of law on the following day. 5. New subsections (h)(1)-(h)(l)(B)2. milled 6-17-96 as an emergency; opera- tire 6-17-96 (Register 96, No. 25). A Certificate of Compliance must be trans- mitted to OAL by 10-15-96 or emergency language will be repealed by opera- non of law on the following day. . 6. New subsections (h)(1)-(h)(2)(B)2. milled 10-15-96 as an emergency; opera- five 1 0-15-96 (Register 96, No. 42). A Certificate of Compliance must be frans- mined to OAL by 2-12-97. or emergency language will be repealed by opera- non of law on the following day. 7. Editorial correction removing duplicative subsection (g) (Register 97, No. 7). 8. New subsections (h)(1)-(h)(2)(B)2. refiled 2-I 1-97 as an emergency, includ- ing amendment of NOT~; operative 2-11-97 (Register 97, No. 7). A Certificate of Compliance must be transmitted to OAL by 6-11-97 or emergency language will be repealed by operation of law on the following day. 9. Certificate of Compliance as to 2-11-97 order transmitted to OAL 6-10-97; disapproved by OAL and order of repeal as to 2-11-97 filed on 7-24-97 (RegiS- ter 97, No. 30). 10. Certificate of Compliance as to 2-11-97 order, including amendment of sec- tion, resubmitted to OAL and approved on 7-24-97 (Register 97, No. 30). § 66265.193. Containment and Detection of Releases. (a) In order to prevent the release of hazardous waste or hazardous constituents to the environment, secondary containment that meets the requirements of this section shall be provided (except as provided in sub- sections (f) and (g) of this section): (1) for all new tank systems or components, prior to the tank system or component being put into service; (2) for all existing tank systems which have been used to transfer, store or treat EPA Hazardous Waste Nos. F020, F021, F022, F023, F026, and F027, within two years after the dates indicated below: (A) January 12, 1987, for tanks containing RCRA hazardous wastes, unless: 1. the owner or operator is a conditionally exempt small quantity gen- erator as defined in 40 CFR section 261.5, or a 100 to 1000 kg per month generator as defined in 40 CFR section 265.201, or 2. the owner 0r operator is not subject to regulation in 40 CFR part 265 pursuant to an exemption in 40 CFR section 265.1; (B) July 1, 1991, for tanks containing RCRA hazardous wastes, if: 1. the owner or operator is a conditionally exempt small quantity gen- erator or a i00 to 1000 kg per month generator, or 2. the owner or operator is not subject to regulation in 40 CFR part 265 pursuant to an exemption in 40 CFR section 265.1, but the owner or oper- ator is subject to the standards of this article. (3) for those existing tank systems of known and documentable age, within two years after the dates indicated below, or when the tank sys- tems have reached 15 years of age, whichever comes later: (A) January 12, 1987, for tanks containing RCRA hazardous wastes, unless~ 1. the owner or operator is a conditionally exempt small quantity gen- erator as defined in 40 CFR section 261.5, or a 100 to I000 kg per month generator as defined in 40 CFR section 265.201, or "~ ;ronmental Health Standards---Hozordon,~-'''~ ste § 66265.193 2. the owner or operator is not subject to regulation in 40 CFR part 265 pursuant, to an exemption in 40 CFR section 265.1; (B) July 1, 1991, for: I. tanks comaining only non-RCRA hazardous wastes, and 2. tanks containing RCRA hazardous wastes, il': ' a. the owner or operator is a conditionally exempt small quantity gen- erator or a 10Oto 1000 kg per month generator, or . b. the owner or operator is not subject to regulation in 40 CFR part 265 pursuant io an exemption in 40 CFR scction 265. l, but the owner or oper- ator is subject to thc standards of this article. (4)(A) for those existing tank systems described in 'subsection (a)(4)(B) of this section for'which the age cannot be documented, within eight years of January 12, 1987; but if the age of the facility is greater than seven years as of January 12, 1987, secondary containment shall be pro- vided by the time the facility reaches 15 years of age, or within two years of January 12, 1987, whichever comes later; (B) subsection (a)(4)(A) of this section applies to existing tank sys- tems cont~alning RCRA hazardous wastes, unless: 1. the owner or operator is a conditionally exempt small quantity gen- erator or a 100 to 1000 kg per month generator, or 2. the owner or operator is not subject to regulation in 40 CFR part 265 pursuant to an exemption in 40 CFR section 265.1. (5)(A) for those existing tank systems described in subsection (a)(5)(B) of this section for which the age cannot be documented, within eight years from July 1, 1991; but if the age of the facility is greater than seven years as of July 1, 1991, secondary containment shall be provided by the time the facility reaches 15 years of age, or within two years from July 1, 1991, whichever comes later; (B) subsection (a)(5)(A) of this section applies to: 1. existing tank systems containing only non-RCRA hazardous wastes, and 2. existing tank systems containing RCRA hazardous wastes, if: a. the owner or operator is a conditionally exempt small quantity gen- erator or a 100 to 1000 kg per month generator, or b. the owner or operator is not subject to regulation in 40 CFR part 265 pursuant to an exemption in 40 CFR section 265.1, but the owner or oper- ator is subject to the standards of this article. (6) for tank systems that transfer, store or treat materials that become hazardous wastes Subsequent to the dates indicated below, within the time intervals required in subsections (a)(1) through (a)(5) of this section, except that the date that a material becomes a hazardous waste shall be used in place of the dates indicated below where these dates appear in subsections (a)(1) through (a)(5) of this section: (A) January 12, 1987, for tanks containing RCRA hazardous wastes, unless: 1. the owner or operator is a conditionally exempt small quantity gen- 'erator as defined in 40 CFR section 261.5, or a 100 to' 1000 kg per month generator as defined in 40 CFR Section 265.201, or 2. the owner or operator is not subject to regulation in .40 CFR part 265 pursuant to an exemption in 40 CFR section 265.1; (B) July 1, 1991, for: I. tanks containing only non-RCRA hazardous wastes, and 2. tanks containing RCRA hazardous wastes, if: a. the owner or operator is a conditionally exempt small quantity gen- erator or a 100 to 1000 kg per month generator, or b. the owner or operator is not subject to regulation in 40 CFR part 265 pursuant to an exemption in 40 CFR section 265.1, but the owner or oper- ator is subject to the standards of this article. (b) Secondary containment systems shall be: (1) designed, installed, and operated to prevent any.-migration of wastes or accumulated liquid out of the system to the soil, ground water, or surface water at any time during the use of the tank system; and (2) capable o1' detecting and collecting releases and accumulated liq- uids until the collected material is removed. Page 758;85 § 66265.193 (.~) To meet the requirements of subsection (b) of this section, second- ary containment systems shall be at a minimum: ( 1 ) constructed of or lined with materials that are compatible with thc waste(s) to be plachd in the tank system and shall have sufficient strength and thickness to prevent failure due to pressure gradients (including static head and external hydrological forces), physical contact with thc waste to which they are exposed, climatic conditions, the stress of installation, and the stress of daily operation (including stresses from nearby vehicu- lar traffic); (2) placed on a foundation or base capable of providing support to the secondary containment system and resistance to pressure gradients above and below the system and capable of preventing failure due to settlement, compression, or uplift; (3) provided with a leak detection system that is designed and operated so that it will detect the failure of either the primary and secondary con- tainment structure or any release of hazardous waste or accumulated liq- uid in the secondary containment system within 24 hours, or at the earli- est practicable time if the existing detection technology or site conditions will not allow detection of a release within 24 hours; . (4) sloped or otherwise designed or operated to drain and remove liq- uids resulting from leaks, spills, or precipitation· Spilled or leaked waste and accumulated precipitation shall be removed from the secondary con- tainment system within 24 hours, or in as timely a manner as is possible to prevent harm to human health or the environment, if removal of the released waste or accumulated precipitation cannot be accomplished within 24 hours. (A) If the collected material is a hazardous waste under chapter 11 of iris division, it shall be managed as a hazardous waste in accordance with all applicable requirements of chapters 2 through 15 of this division. (B) If the collected material is discharged through a point source to wa- ters of the United States, the owner or operator shall comply with the re- quirements of sections 301,304, and 402 of the Federal Clean Water Act (33 U.S.C. sections 131 I, 1314 and 1342, respectively), as amended. (C) If the Collected material is discharged to Publicly Owned Treat- ment Works (POTWs), the owner or operator shall comply with the re- quirements of section 307 of the Federal Clean Water Act, as amended (33 U.S.C. section 1317)· . (D) If the collected material is released to the environment, the owner or operator shall comply with the applicable reporting requirements of 40 CFR Part 302. (d) Secondary containment for tanks shall include one or more of the following devices: (1) a liner (external to the tank); (2) a vault; (3) a double-walled tank; or (4) an equivalent device as approved by the Department. (e) In addition to the requirements of subsections (b), (c), and (d) of this section, secondary containment sysiems shall satisfy the following requirements: (1) external liner systems shall be: (A) designed or operated to contain 100 percent of the capacity of the largest tank within its boundary; (B) designed or operated to prevent run-on and infiltration of precipi- tation into the secondary containment system unless the collection sys- tem has sufficient excess capacity, in addition to that required in subsec- tion (e)(l)(A) of this section, to contain run-on and infiltration. Such additional capacity shall be sufficient to contain run-on and infiltration of precipitation from a 25-year, 24-hour rainfall event; (C) free of cracks or gaps; and (D) designed and installed to completely surround the tank and to cov- er all surrounding earth likely to come into contact with the waste if re- leased from the tank(s) (i.e., capable of preventing lateral as well as verti- cal migration of thc waste). (2) Vault systems shall be: (A) designed or operated to contain 100 percent of the capacity of the largest tank within its boundary; - BARC-~"S CALIFORNIA CODE OF REGULATI'~ Title 22 (B) designed or operated to prevent mn-on and infiltration of precipi- tation into thc secondary containment system unless the collection sys- tem has sufficient excess capacity, in addition to that required in subsec' tion (c)(2)(A) of this section, to contain run-on and infiltration. Such additional capacity shall be sufficient to contain run-on and infiltration of precipitation l¥om a 25-year, 24-hour rainfall event; (C) constructed With chemical-resistant water stops in place at all joints (if any); (D) provided with an impermeable interior coating or lining that is compatib!c with thc waste being transferred, stored or treated and that will prevent migration of waste into the concrete; (E) provided with a means to protect against the formation of and igni- tion of vapors within the vault, if the waste being transferred, stored or treated: 1. meets the definition of ignitable waste under section 66262·21 of this division, or 2. meets the definition of reactive waste under section 66261.23 of this division and may form an ignitable or explosive vapor; and (F) provided with an exterior moisture barrier or be otherwise de- signed or operated to prevent migration of moisture into the vault if the vault is subject to hydraulic pressure. (3) Double-walled tanks shall be: - (A) designed as an integral structure (i.e., an inner tank within an outer shell) so that any release from the inner tank is contained by the outer shell; (B) protected, if constructed of metal, from both corrosion of the pri- mary tank interior and the external surface of the outer shell; and (C) provided with a built-in, continuous leak detection system capable of detecting a release within 24 hours or at the earliest practicable time, · if the Owner or operator can demonstrate to the Department, and the De- partment concurs, that the existing leak detection technology or sitecon- ditions will not allow detection of a release within 24 hours· (0 Ancillary equipment shall be provided with full secondary contain- ment (e.g., trench, jacketing, double-walled piping) that meets the re- quirements of subsections (b) and (c) of this section except for: (1) aboveground piping (exclusive of flanges, joints, valves, and con- nections) that are visually inspected for leaks on a daily basis; (2) welded flanges, welded joints, and welded connections that are vi- sually inspected for leaks on a daily basis; (3) sealless or magnetic coupling pumps and sealless valves, t~at are visually inspected for leaks on a daily basis; and (4) pressurized aboveground piping systems with automatic shut-off devices (e.g., excess flow check valves, flow metering shutdown de- vices, loss of pressure actuated shut-off devices) that are visually in- spected for leaks on a daily basis. (g) The owner or operator may obtain a variance from the require- ments of this section for existing above-ground tanks in place, if the De- partment finds, as a result of a demonstration by the owner or operator, either that alternative design and operating practices, together with loca- tion characteristics, will prevent the migration oi'hazardous waste or haz- ardous constituents into the ground water or surface water at least as ef- fectively as secondary containment during the active life of the tank system, or that in the event of a release that does migrate to ground water or surface Water, no substantial present or potential hazard will be posed to human health or the environment. (1) In deciding whether to grant a variance based on a demonstration of equivalent protection of ground water and surface water, the Depart- ment will consider: (A) the nature and quantity of the waste; (B) the proposed alternate design and operation; (C) the hydrogeologic setting of the facility, including thc thickness ofsoils between the tank system and ground water; and (D) all other factors that would influence the quality and mobility of the hazardous constituents and the potential for the constituents to mi- gra~e to ground water or surface water. Page 758.86 R~gister 99, No. 24; 6-11 - 99 Title 22 (2) In deciding whether to grant a variance, based on a demonstration ~of no substantial present or potential hazard, the Department will consid- (A) the potential adverse effects on ground water, surface water, and land quality taking into account: I. the physical and chemical characteristics of the waste in the tank system, including its potential for migration, 2. the hydrogeological characteristics of the facility and surrounding land, 3. the potential for health risks caused by human exposure to waste constituents, 4. the potential for damage to wildlife, crops, vegetation, and physical structures caused by exposure to waste constituents, and 5. the ~persistence and permanence of the potential adverse effects; (B) the potential adverse effects of a release on ground-water quality, taking into account: 1. the quantity and quality of ground water and the direction of ground-water flow, 2. the proximity and withdrawal rates of water in the area, 3. the current and future uses of ground water in the area, and 4. the 6xisting quality of ground water, including other sources of con- tamination and their cumulative impact on the ground-water quality; (C) the potential adverse effects of a release on surface water quality, taking into account: 1. the' quantity and' quality of ground water and the direction of ground-water flow, 2. the patterns of rainfall in the region, 3. the proximity of the tank system to surface waters, 4. the current and future uses of surface waters in the area and any wa- ter quality standards established for those surface waters, and 5. the existing quality of surface water, including other sources of con- tamination and the cumulative impact on surface-water quality; and (D) the potential adverse effects of a release on the land surrounding the tank system, taking into account: 1. the patterns of rainfall in the region, and 2. the current and future uses of the surrounding land. (3) The owner or operator of a tank system, for which a variance from secondary containment has been granted in accordance with the require- ments of subsection (g)(1) of this section, at which a release of hazardous waste has occurred from the primary tank system but has not migrated beyond the zone of engineering control (as established in the variance), shall: (A) comply with the requirements of section 66265.196, except sub- section (e); and (B) decontaminate or remove contaminated soil to the extent neces- sary to: 1. enable {he tank system, for which the variance was granted, to re- sume operation with the capability for the detection of and response to rele'ases at least equivalent to the capability it had prior to the release,'and 2. prevent the migration of hazardous waste or hazardous constituents to ground water or surface water; and (C) if contaminated soil cannot be removed or decontaminated in ac- cordance with subsection (g)(3)(B) of this section, comply with the re- quirements of section 66265.197(b); (4) The owner or operator of a tank system, for which a variance from secondary containment has been granted in accordance with the require- ments of subsection (g)(1) of this section, at which a release of hazardous waste has occurred from the primary tank system and has migrated be- yond the zone of engineering control (as established in the variance); shall: (A) comply with the requirements of section 66265.196(a), (b), (c), (d) and (e); and (B) prevent the'migration of hazardous waste or hazardous constitu- ents to ground water or surface water, if possible, and decontaminate or remove contaminated soil. lC contaminated soil cannot be decontami- '~'ronmental Health Standards Hazardon ~ ste § 66265.193 natcd or removed, or if ground water has been contaminated, the owner or operator shall comply with the requirements of section 66265.197(b); (C) if repairing, replacing, or reinstalling the tank system, provide sec- ondary containment in accordance with the requirements of subsections . (a) through ~f) of this section or reapply for a variance from secondary containment and meet the requirements for new tank systems in section 66265.192 if the tank system is replaced. The owner or operator shall comply with these requirements even if contaminated soil can be decon- taminated or removed, and ground water or surface water has not been contaminated. (h) The following procedures shall be followed in order to request a variance from secondary containment: (1) The Department shall be notified in writing by the owner or opera- tor that the facility intends to conduct and submit a demonstration for a variance from secondary containment as allowed in subsection (g) of this section at least 24 months prior to the date that secondary containment is required to be provided in accordance with subsection (a) of this sec- tion. (2) As part of the notification, the owner or operator shall also submit to the Department a description of the steps necessary to conduct the demonstration and a timetable for completing each of the steps. The dem- onstration shall address each of the factors listed in subsection (g)(1) or subsection (g)(2) of this section. (3) The demonstration for a variance shall be completed and submiued to the Department within 180 days after notifying the Department of in- tent to conduct'the demonstration.: (4) The DePartment will inform the public, through a newspaper no- rice, of the availability of the demonstration for a variance. The notice shall be placed in a daily or weekly major local newspaper of general cir- culation and shall provide at least 30 days from the date of the notice for the public to review and comment on the demonstration for a variance. The Department also will hold a public heating, in response to a request or at the Department's own discretion, whenever such a heating might clarify one or more issues concerning the demonstration for a variance. Public notice of the heating will be given at least 30 days prior to the date of the hearing and may be given at the same time as notice of the opportu- nity for the public to review and comment on the demonstration. These two notices may be combined. (5) The Department will approve or disapprove the request'for a vari- ance within 90 days of receipt of the demonstration from the owner or operator and will notify in writing the owner or operator and each person ~ who submitted written comments or requested notice of the variance de- cision. If the demonstration for a variance is incomplete or does not in- clude sufficient information, the 90-day time period will begin when the Department receives a complete demonstration, including all informa- tion necessary to make a final determination. If the public comment peri- od in subsection (h)(4) of this section is extended, the 90-day time period will be similarly extended. (i) All tank systems, until such time as secondary containment meeting the requirements of this section is provided, shall comply with the fol- lowing:. (1) for non-enterable underground tanks, a leak test that meets the re- quirements Of section 66265.191 (b)(5) shall be conducted at least annu- (2) for other than non-enterable underground tanks and for all ancil- lary equipment, an annual leak test, as described in paragraph (i)(1) of this section, or an internal inspection or other tank integrity examination by an independent, qualified, profession,al engineer, registered in Cali- fornia, that addresses cracks, leaks, corrosion, and erosion shall be con- ducted at least annually. The owner or operator shall remove the stored waste from the tank, if necessary, to allow the condition'of all internal tank surfaces to be assessed. (3) The owner or operator shall maintain on file at the facility a record of the results of the assessments conducted in accordance with subsec- tions (i)(l) and (i)(2) of this section. (4) if a tank system or component is found to be leaking or unfit for usc as a result ofthe leak test or assessment in subsections (i)(l) and (i)(2) Page 758.87 Register 99, NO. 24: 6-11-99 to - ~-r or opCra,v , . ~r ~h'xs scCt~Ou, ~, ~ b~gm~ ~- . ,,. HSC 'Z~' __.~d o~ ~u~ ~='~t~g ~. .... ~ice o~gt°u~ ~ '~dCoCtk°*m ~ acceptable: ~ess, ~d er~' . ~ro~OiCU~eu~*' pe~xtZ' ~ _~.~mingg~" ~) date ox v-~-~ta~system- . ....ou~6 ', .~eoWt ' ~¢ ~' --,ill be cap~ ,atedliquxa~ ~.,6n~ the t~,,~ gora~., ( J '~ o~opet- fio. Oi~ast~ ..,atet, Or~ra~ .... ~aS~et~c~SeC-~ more m~, , ' " ~ sg~ce w~ - ~q159 Be~% ... code; rfientS 3. tav~ exeraPt suriaCe shall tioa o thc re- 4. ~ of toO ade- 5., opera- to 0 of water,' ~Ccc- and amendment o{ secdOXX, . _ :~c/uaing ~ ~o 30). ; (clcasCS contel1- tificate . device rating Bequirerr ~ ·..ainata~tk of . _ neral ope ....ca entsCa}~ otbePt}~ the sec- . , ~e, or y,'22'a ~r~dces oscd {c ~, coUt~m" _. ~eratOr stx~ _~ rank or sc~ d~ cont~" ~¢d~ --.BEY ut ~r - --'s trot,,~ fliscou~t gem to p~ ~csc incXuuh_n conuOlS tc.g. check mm · spilt prcvc~UU cc~ m 2 ~ox et' ope~aU~;.. (or rc/eaSC~f ' al~s, ~YC.na~ce et sgtt]~.cf~On or~Y V'~ m) continuyU _..a at low clcv~ _~nfxn~ous rote ~.o oipelme, , ' m~nitofing mter~ ' - page Title 22 shall be operated to ensure at least 60 centimeters (2 feet) of freeboard, unless the tank is equipped with a containment structure (e.g., dike or trench), a drainage control system or a diversion structure (e.g., standby tank) with a capacity that equals'or exceeds the volume of the top 60 cen- timeters (2 feet) of the tank. (c) Thc owner or operator shall comply with the requirements of sec- · tion 66265.196 if a leak or spill occurs in thc tank system. (d) Transfer, treatment or storage of hazardous waste in tanks shall comply with section 66265.17(b). NOTE: Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Rcference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section- 265.19.4. HISTORY · ' 1. New section filed 5-24-91; operative 7-1-91 (Register 91, No. 22). § 66265.195. Inspections. (a) The owner or operator shall inspect, where present, at least once each operating day: (1) overfill/spill control equipment (e.g., waste-feed cutoff systems~ bypass systems, and drainage systems) to ensure that it is in good work- ing order; (2) the aboveground portions of the tank system, if any, to detect corro- sion or releases of waste; (3) data gathered from monitoring equipment and leak-detection equiPment, (e.g., pressure and temperature gauges, monitoring wells) to ensure that the tank system is being operated according to its design; (4) the construction materials and the area immediately surrounding the externally accessible portion of the tank system including secondary containment structures (e.g., dikes) to detect erosion or signs of releases of hazardous waste (e.g., wet spots, dead vegetation); and (5) for uncovered tanks, the level of waste in the tank, to ensure com- pliance with section 66265.194(b)(3). (b) The owner or operator shall inspect cathodic protection systems, if present, according to, at a minimum, the following schedule to ensure that they are functioning properly: (1) the proper operation of the cathodic protection system shall be con- firmed within six months after initial installation, and annually thereaf- ter; and (2) all sources of impressed current shall be inspected and/or tested, as appropriate, at least bimonthly (i.e., every other month). (c) The owner or operator shall document in the operating record of the facility an inspection of those items in subsections (a) and (b) of this sec- tion. NOTE: Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.195. HtsTOkY 1. New section filed 5-24-91; operative 7-1-91 (Register 91, No. 22). § 66265.196. Response·to Leaks or Spills and Disposition of Leaking or Unfit-for-Use Tank Systems. A tank system or secondary containment system from which there has been a leak or spill, or which is unfit for use, shall be removed from ser- vice immediately, and the owner or operator shall satisfy the following requirements. (a) General emergency procedures. The owner or operator shall com- ply with applicable requirements of section 66265.56. (b) Cessation of use; prevention of flow or addition of wastes. The owner or operator shall immediately stop the flow of hazardous waste into the tank system or secondary containment system and inspect the system to determine the cause of the release. (c) Removal of waste from tank system or secondary containment sys- tem. ( I ) I f thc release was from the tank system, the owner or operator shall, within 24 hours after detection of the leak or, if the owner or operator demonstrates that that is not possible, at the.earliest practicable time re- move as much of the waste as is necessary to prevent further release of 'ronmental Health Standards~Hazardou: ate § 66265.196 hazardous waste to thc environment and to allow inspection and repair o£ the tank system to be performed. (2) If the release was to a secondary containment system, all released materials shall be removed within 24 hours or in as timely a manner as is possible [o prevent harm to human health and the environment. (d) Containment of visible releases to the environment. The owner or operator shall immediately conduct a visual inspection of the release and, based upon that inspection: (1) prevent further migration of the leak or spill to soils or surface wa- ter; 'and (2) remove, and properly dispose .of, any visible contamination of the soil or surface water. (e) Notifications, reports. (1) Any release to the environment, except as provided in subsection (e)(2) of this section, shall be reported to the Department within 24 hours of detection. (2) A leak or spill of hazardous waste is exempted from the require- ments of subsection (e) of this section, but is not exempted from the re- quirements of section 66265.56, if it is: (A) less than or equal to a quantity of one (1)'pound, and (B) immediately contained and cleaned-up. (3) Within 30 days of detection of a release to the environment, a report containing the following information shall be submitted to the Depart- ment: (A) likely route of migration of the release; (B) characteristics of the surrounding soil (soil composition, geology, hydrogeology, climate); (C) results of any monitoring or sampling conducted in connection with the release, (if available). If sampling or monitoring data relating to the release are not available within 30 days, these data shall be submitted to the Department as soon as they become available; (D) proximity to downgradient drinking water, surface water, and population areas; and (E) description of response actions taken or planned. (f) Provision of secondary containment, repair, or closure. (1) Unless the owner or operator satisfies the requirements of subsec- tions (I3(2) through (4) of this section, the tank system shall be closed in accordance with section 66265.197. (2) If the cause of the release was a spill that has not damaged the integ- rity of the system,, the owner/operator may return the system to service as soon as the released waste is removed and repairs, if necessary, are made. (3) If the cause of the release was a leak from the primary tank system into the secondary containment system, the system shall be repaired prior to returning the tank system to service. (4) If the source of the release was a leak to the environment from a component of a tank system without secondary containment, the owner/ operator shall provide the component of the system from which the leak occurred with secondary containment that satisfies the requirements of section 66265· 193 before it can be returned to service, unless the source of the leak is an aboveground portion of a tank system. If the source is an aboveground component that can be inspected visually, the compo- nent shall be repaired and may be returned to service without secondary Containment as long as the requirements of subsection (g) of this section are satisfied. If a component is replaced to comply with the requirements of this subsection, that component shall satisfy the requirements for new tank systems or components in sections 66265.192 and 66265.193. Addi- tionally, if a leak has occurred in any portion of a tank system component that is not readily accessible for visual inspection (e.g., the bottom of an inground.or onground t_aek), the entire component shall be provided with secondary containment in accordance with section 66265.193 prior to being returned to use. (g) Certification of major repairs. If the owner or operator has repaired a tank system in accordance with subsection (0 of this section, and the repair has been extensive (e.g., installation of an internal liner; repair of Page 758189 Register 99, No. 24; 6- I 1-99 § 66265.197 a ruptured primary containment or secondary containment vessel), the tank system shall not be returned to service unless the owner/operator has obtained a certification by an independent, qualified, professional engi- neer, registered in California. in accordance with section 66270.1 l(d)~ that thc repaired system is capable of handling hazardous wastes without release for the intended life of thc system. This certification shall be sub- mitted to the Department within seven days after returning the tank sys- tem to usc. NOTE: Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.196. HISTORY 1. New section filed 5-24-91; operative 7-1-91 (Register 91, No. 22). § 66265.197. Closure and Post-Closure Care. (a) At closure of a tank system, the owner or operator shall remove or decontaminate all waste residues, contaminated containment system components' (liners, etc.), contaminated soils, and structures and equip- ment contaminated with waste, and manage them as hazardous waste, · unless section 66261.3(d) of this division applies. The closure plan, clo- sure activities, cost estimates for closure, and financial responsibility for tank systems shall meet all of the requirements specified in articles 7 and 8 of this chapter.. (b) If the owner or operator demonstrates that not all contaminated soils can be pi'acticably removed or decontaminated as required in sub- section' (a) of this section, then the owner or operator shall close the tank system and perform post-closure care in accordance with the closure and post-closure care requirements that apply to landfills (section 66265.3!0). In addition, for the purposes of closure, post-closure, and financial responsibility, such a tank system is then considered to be a landfill, and the owner or operator shall meet all of the requirements for landfills specified in articles 7 and 8 of this chapter. (c) If an owner or operator has a tank system which does not have sec- ondary containment that meets the requirements of section 66265.193 (b) through (f) and which has not been granted a variance from the secondary containment requirements in accordance with section 66265.193(g), then: (1) the closure plan for the tank system shall include both a plan for complying with subsection (a) of this section' and a contingent plan for complying with subsection (b) of this section; (2) a contingent post-closure plan for complying with subsection (b) of this section shall be prepared and submitted as part of the permit appli- cation; (3) the cost estimates calculated for closure and post-closure care shall reflect the costs of comp!ying with the contingent closure plan and the contingem post-closure plan, if these costs are greater than the costs of complying with the closure plan prepared for the expected closure under subsection (a) of this section; (4) financial assurance shall be based on the cost estimates in subsec- tion (c)(3) of this section; · (5) for the purposes of the contingent closure and post-closure plans, such a tank system is considered to be a landfill, and the contingent plans shall meet all of the closure, post-closure, and financial responsibility re- quirements for landfills under articles 7 and 8 of this chapter. NOTE: Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.197. HISTORY 1. New section filed 5-24-91; operative 7-1-91 (Register 91, No. 22). § 66265.198. Special Requirements for Ignitable or Reactive Wastes. (a) Ignitable or reactive waste shall not be placed in a tank system, un- less: (1) the waste is treated,.rendered, or mixed before or immediately after placement in the tank System so that: (A) the resulting waste, mixture, or dissolved material no longer meets the definition of ignitable or reactive waste under sections 66261.21 or 66261.23; and BARC! --'~q CALIFORNIA CODE OF REGULATIC'~'- Title 22 (B) section 66265· 17(b) is complied with; or (2) the waste is transferred, stored or treated in such a way that it is pro- tected from any material or conditions that may cause the waste to ignite or rcact; or (3) the tank system is used solely for ~mergencies. (b) The owner or operator of a facility where ignitable or reactive waste is transferred, stored or treated in tanks shall comply with the re- quirements for the maintenance of protective distances between the waste management area and any public ways, streets, alleys, or an adJoin- ing property line that can be built upon as required in Tables 2-1 through 2-6 of the National Fire Protection AssociatioW s "Flammable and Com- bustible Liquids Code," (1981), (incorporated by reference, see section 66260.11 ). NOTE: Authority cited: Sections 208, 25150 and 25159. Health and Safety Code. 'Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.198. HISTORY I. New section Hied 5-24-91; operative 7-1-91 (Register.91, No. 22). § 66265.199. Special Requirements for Incompatible Wastes. (a) incompatible wastes, or incompatible waste and materials, shall not be placed in the same tank system, unless section 66265.17(b) is com- plied with. (b) Hazardous waste shall not be placed in a tank system that has not · been decontaminated and that previously held an incompatible waste or material, unless section 66265.17(b) is complied with. NOTE: Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.199. HISTORY I. New section filed 5-24-91; operative 7-1-91 (Register 91, No. 22). § 66265.200. Waste Analysis and Trial Tests. In addition to performing the waste analysis required by section 66265.13, the owner or operator shall, whenever a tank system is to be used to treat chemically or to store a hazardous waste that is substantially different from waste previously treated or stored in that tank system; or to treat chemically a hazardous waste with a substantially different pro- cess than any previously used in that tank system: (a) conduct waste analyses and trial treatment or storage tests (e.g., bench-scale or pilot-plant scale tests); or (b) obtain written, documented information on similar waste under similar operating conditions to show that the proposed treatment or stor- age will meet the requirements of sections 66265.194(a) and (d). ' NOTE: Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.200.. HISTORY 1. New section filed 5-24-91; operative 7-1-91 (Register 91, No. 22). § 66265.202. Air Emission Standards. · The owner or operator shall manage all hazardous waste placed in a tank in accordance with the applicable requirements of articles 27, 28, and 28.5 of this chapter. NOTE: Authority cited: Sections 25150, 25159, 25159.5, 25245 and 58102, Health and Safety Code. Reference: Sections 25150, 25159, ,and 25159.5, Health and Safety Code; and 40 CFR section 265.202. HISTORY 1. Change without regulatory effect adding new section filed 6-I 1-99 pursuant to Health and Safety Code section 25159.1 (Register 99, No. 24-). Article 11. Surface Impoundments § 66265.220. Applicability. Thc regulations in this article apply to owners and operators of facili- ties that use surface impoundments to treat, store, or dispose of hazardous waste, except as section 66265.1 provides otherwise. NOTE: Authority cited: Sections 208, 25150 and 25159, Heahh'and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.220. Page 7.58.90" Register 99, No. 24; 6-'11-99; 'JAN-88-8001 14:09 FROM:ICP HR / · 661 398 4860 T0:661 386 0576 ICE CREAM PARTNERS USA P.OO1x003 To: Howard Wines From: John Gilmore Fax: 326-0576 Pages: 2 Date: 01/~$/01 Re:' JanUary 27, 2001 Low pH Wastewater Release from the Ice Cream Partners USA Bakemfield Facility Please find attached the preliminary notification of the January 27, 2001 Iow pl-l. wastewater discharge from the Ice Cream Partners USA facility. 01-28-2001 00:4? From-OES HQ SACRA~NTO I BATE: 01/28/2001 TIME: 0024. 1. PERSON NOTIFYING GOVERNOR'S OE$: a. NAME: b. AGENCY: John Gilmore' Ice Cream Partners USA 2,' a, b.QTY: >=< Amount SUBSTANCE: J.. 1.95 PH = 24 Waste Water ' 91El-ZllZ-1677 T-?ItZ ~ P.O0'I/O01 Hazardous Materials SPic'IRe, port . . I 0ES - Randy Oonzales I OSPR- , ', c. pHONE#: 661 398 3500 ICONTROI~: 01-0581 . d. Ext: e. PAG/CELL: Gal(s) c. TYPE: d. OTHERi OTHER waste water F-315 e, DESCRIPTION: During ~he process of cleaning the piping of the facility, waste water was discharged due to faulty probes. Waste Water was discharged to the POTW sewer system. f, CONTAINED: g. WATER INVOLVED: h. WATERWAY: Yes No 3. a. INCIDENT LOCATION: 7301 District Blvd. b, CITY: c. COUNTY: Bakersfield Kern Coun~ d. ZIP: 93313 4. INCIDENT DESCRIPTION: a. DATE:01/27/2001 b. TIME (Military): 2315 d. INJURIES# e, FATALS #: 0 0 c. SITE: Industrial Plant f. EVACS #: 0 g. CLEANUP BY: n/a 5. RESPONSIBLE PARTY: a. NAME: b. AGENCY: Iohn Gilmore Ice Cream Part~ers USA e. MAIL ADDRESS: f. CITY: c. PHONE#: d. EXT.: 661 398 3500 g. STATE: CA h. ZIP: 6, NOTIFICATION INFORMATION: a. NRC#: b. ON SCENE: e. OTHER ON SCENE: e. ADMIN. AGENCY: d. OTHER NOTIFIED: Waste Water Dept Bakersfield f. SEC. AGENCY: g. NOTIFICATION LIST: '[g~'6;~" []'~Eg~' DOG UniT: RWQCtl Unit: $C ~-] IZM..~, [] OE$ PLANS UNIT [~ RWQCB [7'"} Alit P.l~solmc~s aD [] lal4s.o.o. [] ~£M* [] OI~S RlZa [] SFM 01-ZB-ZO01 00:46 From-OES HQ SACRAMENTO DATE: 01 f28/~00 ] ]RECEIVED TIME: 0024 ]0$PR-] OE$- RandyOonzales L PERSON NOTIFYING GOVERNOR'S a. NAME: b. AGENCY: c. pItONE#: John Gilmore Ice Cream Pm'men USA 661 398 3500 2. susS c£ TVPr: 918-262-1677 · T-781 .Hazardous Materials Spill'Re, port 2. a, b;QTY: >=< Amount McasYre SUBSTANCE: 1. 1.95 PH = 24 Gal(s) Waste Water P.OOl/O01 'F-315 [CONTROI~: 01-0581 d. Ext: e. PAG/CELL: c. TYYE: d. OTHER: OTI-IER ' waste water e, DESCRIPTION: During the process of cleaning the piping of the facility, waste water was discharged due to faulty probes, Waste water was discharged to the POTW sewer system. f, CONTAINED: g. WATER INVOLVED: h. WATERWAY: Yes No 3, a. INCIDENT LOCATION: 7301 District Blvd. b, CITY: e. COUNTY: Bakersfield Kern County d. ZIP: 93313 4. INCIDENT DESCRIPTION: a. DATE:01/27/2001 b. TIME (Mi/ita~/): 2315 c. SITE: Industrial Plant d. INJURIES# e. FATALS #: f. EVACS #: 0 0 0 g. CLEANUP BY: n/a 5. RESPONSIBLE PARTY: a. NAME: b. AGENCY: lolm Gilmore Ice Cream Parmers USA e. MAIL ADDRESS: f. CITY: c. PHONE#: d. EXT.: 661 398 3500 g. STATE: CA h. ZIP: 6. NOTIFICATION INFORMATION: a. NRC#: b. ON SCENE: e. OTHER ON SCENE: e. ADM1N, AGENCY: d. OTHER NOTIFIED: Waste Water Dept Bakersfield f. SEC. AGENCY: g. NOTIFICATION LIST: ............ [] ---' CDr [] COA~T~J. CC~A [] ~ ~S DOG Unit: RWQCEI Unit: $C JAN-88~2001 14:09 FROM:ICP HR 661 3984860 T0:661 326 0576 P.O08x003 ICL CRFAM PARTNERS liSA, LLC January 25, 2001 Mr. Howard Wines I4azardous Materials Specialist City of Bakersfield Office of Environmental Services 1715 Chester Street, Suite 300 Bakersfield, CA 93301 RE: .January 27, 2001 Low pH Wastewater Discharge from. the Ice Cream Partners USA Bakersfield Facility . Dear Mr. Wines: At appmxb:n, ately 11:15 PM Saturday January 27, 200'1 lee Cream Partners USA (ICP) maintenance personnel responded 'to a iow pH alarm at the Bakersfield facility wastewater- treatment plmat. The low pH reading also closed flae discharge valve to the smljtary sewer, along with activaling the alarm system. ICP personn.el arrived at the wastewaler pl.m~t mad observed a discrepancy between the polishing vault pH probe and the discharge pH probe, The polishing tank probe indicated a high pH and the discharge probe ind.icaled a low p[I. After cleaning and re:installing the polishing vault probe, the pH of wastewater in vault was measm'ed approximately the sarnc as the discharge probe, Steps were taken to raise the pH of the wastewater to acceptable levels. A review of the pH readings indicated that approximately 24 gallons of 1.95 pH wastewater had. been discharged to the sa,n. itary sewer. At tiffs time fl~e roi. lowing is known: At approximately 11:15 PM Saturday January 27, 2001, for approximately 2 minutes estimaled 24 ga]Ions of 1,95 pH wastewater was released to City of Bakersfield sanitary sewer system. 2. The wastcwater release originated from the ICP facility at '7301 District BOulevard, Balmrsfield, CA. 3. At no time did the release present a hazm:d to htu:nan'health or thc environment. 7301 'Di~lr,cl Boulevard . Bakeis[ieJd, CA 933 ~ 3 JAN-88-8001 14:89 FROM:ICP HR 661 398 4860 T0:661 386 05?6' P.OO3x003 Mr, Howard Wines .ltmuary 28, 2001 Page 2 4. The following agencies were contacted: City of Bakersfield POTW (661) 326-3249 Date - 1 t27/01 Time - 11. :45 PM Notification- Left recorded message City of Bakersfield. POTW (66I) 326-3249 Dale- 1./28/01 Time- 12:30 AM Notificati.on - Left recorded, message City of Bakersfield OES (661) '326-3979 Date- 1/28/01 Time ~ 12:15 AM Notification - No ~$wer California State Office of Emergency Services (800) 852-7550 Date- 1/28/01 Time - 12:20 AM NolffS.cation - Report submitted ICP is contmmng to investigate this mc. dent an.d will subm~.t a detailed report to Cily of I~lalcersfield O:ffice of Emergency Services. If you have any questions or requi.re m~.y additional information, please contact me at (661) 398-3590. Sincerely, P. Gilmore Environmental, Heal.th and Safety Manager ICE CREAM PARTNERS USA, LLC January 31,2001 Ms. Lara Kimm Industrial Waste Inspector City of Bakersfield Public Works Department 8101 Ashe Road Bakersfield, CA 93313 Mr. Howard Wines Hazardous Materials Specialist City of Bakersfield Office of Environmental Services 1715 Chester Street, Suite 300 Bakersfield, CA 93301 January 27, 2001 Low pH Wastewater Discharge from the Ice Cream Partners USA Bakersfield Facility Dear Ms. Kimm and Mr. Wines: At approximately 11:15 PM Saturday January 27, 2001 Ice Cream Partners USA,(ICP) maintenance personnel responded to a low pH alarm at the Bakersfield facility wastewater treatment plant. The low pH reading also closed the discharge valve to the sanitary sewer. ICP personnel arrived at the wastewater plant and observed a discrepancy between the polishing vault pH probe and the discharge pH probe. The polishing tank probe had indicated a high pH (13.5, 13.7, 13.8) and the discharge probe had indicated neutral pH (7.8, 7.6, 7.4). Because of the high polishing tank pH reading, sulfuric acid had been added to lower the pH. Approximately 166 gallons of 1.95 pH wastewater and approximately 58 gallons of 5.5 to 5.8 pH wastewater had been discharged to the sanitary sewer. After cleaning and re-installing both probes, the pH of wastewater in the polishing vault was measured approximately the same as the discharge probe. However, during cleaning with water, the discharge probe read a pH of 7.06. The reading opened the discharge valve and approximately 37 gallons of 2.7 to 2.8 pH wastewater flowed to the sanitary sewer. After three (3) minutes the discharge valve closed. Maintenance personnel then took steps to raise the pH of the wastewater to acceptable levels. 7301 District Boulevard · Bakersfield, CA 93313 Te1:(661)398-3500 · Fax:(661)398-3524 1-27-01 Wastewater Discharge Report.doc Ms. Lara Kimm/Mr. Howard Wines January 31,2001 Page 2 Summary 1. Beginning at approximately 11:15 PM Saturday January 27, 2001, for approximately 2 minutes an estimated 166 gallons of 1.95 pH wastewater was released to City of Bakersfield sanitary sewer system. For approximately 16 minutes an estimated 95 gail0ns of 2.07 pH to 5.89 pH wastewater was released to'the City of Bakersfield sanitary sewer system. 2. The wastewater release originated from the ICP facility at 7301 District Boulevard, Bakersfield, CA. 3' At no time did the release present a hazard to human health or the environment. 4. The following agencies were contacted: City of Bakersfield POTW (661) 326-3249 Date- 1/27/01 Time - 11:45 PM Notification - Left recorded message City of Bakersfield POTW (661) 326-3249 Date- 1/28/01 Time- 12:30 AM Notification - Left recorded message · City of Bakersfield OES (661) 326-3979 Date - 1/28/01 Time - 12:15 AM Notification - No answer · California State Office of Emergency Services (800) 852-7550 Date- 1/28/01 Time - 12:20 AM Notification - Report submitted 1-27-01 Wastewater Discharge Report.doc Ms. Lara Kimm/Mr. Howard Wines January 31,2001 Page 3 Corrective Actions Taken 1. A new discharge valve re-set switch has been installed. In the future, the discharge valve will not automatically open following a high Or low pH alarm, a maintenance technician must manually re-set the system. 2. The pH probes will be cleaned every four (4) hours. 3. ICP will be assessing self-cleaning probes. If you have any questions or require any additional information, please contact me at (661) 398- 3590. John P. Gilmore En¥ironmental, Health and Safety Manager Enclosure JPG:mm 1-27-01 Wastewater Discharge Report.doc WASTE WATER INCIDENT REPORT Date of Incident: et- ~7--.O I Date/Time Incident Called In To POTW: Technician That Placed Call: Date/Time Incident Report Was Faxed: "Tim'~~Of Incident:. //"~Z~' / Location of Discharge: Type of Waste (concentration/¥olume): * Anytime the pH goes below. 6 or above 12 the City Waste water must be contacted at 326- ' . ~ 3249within 24 houm and a written report must [oliow within 5. days. 'Reports,must be faxed to Time Ryan at 835-09'i21 The Treatment plant'shd'uid ~.~IS° be contacted in'the 'eVent Of'ah ' ' emergency spill at 326-328. ' ~ ' '' :,, · :,... '.'.',' ::~ "i.:' ": '~.: "i .' ' The original incident report must be turned in to Human R~sources . . ICE CREAM PARTNERS USA PH SELF-MONI.TORING CHARTS Environmental Services Haz Mat Emerg ' Spill Report Complaint Date Haz Mat Incident / Spill Report / Complaint Follow Up Time / "~C~ Reporting Party ~co~'~r6 ~-"~~ Address 7~0 t ~)~ ~,~-~' Telephone No. ~ ~ ~ Environmental Services Contact Location of the incident Description of the incident ( Chemical name and Quantity ) Responding to Incident Observations Special Conditions and / or health risks Haz Mat Team Dispatched OES Number Required Poss Exposure Victims Medical Attention Required or Obtained Van Cellular No. 332-7865 Number Probable Hazardous Waste Clean Up Y Discussion and Disposition CE CREAM PARTNERS USA, LI_C November 7, 2000 Governor's Office of Emergency Services Hazardous Materials Unit P.O. Box 419047 Ranch° C6rdova, CA-9572H-9047 Regarding: October 31, 2000 Incident Control Number: 00-5066 To Whom It May Concern: This letter is a follow up to a telephone notification made to your agency on Tuesday, OctOber 31, 2000, by Jennifer Friebel for Ice Cream Parmers USA, LLC., to report a spill at 730! District Blvd., Bakersfield, California. Approximately 2 to 3 gallons of Quorum' Yellow LP, a caustic sanitizer, spilled from a transfer hose onto a.cement pad and dirt located directly below the transfer station. Quorum yellow LP is a 10% Sodium .Hydroxide and 3%. Sodium Hypochlorite sOlution used, in a diluted state, to sanitize process equipment. We believe the release first began at approximately 10:40 AM on October 31St and' ended approximately 2 minutes later. The spill did not result in a threat to human health or the environment, there were no inj ,uries as a result of the incident, and the spilled chemical did not come in to contact with any waterways of the United States of America. ....... ~;l,l~e 'c~a~ ~(;f~th~ spiii wa~- flue ~t0 a faulty ~onne~tion' l~in~ n~ad~--b~-th~' tr~k 'driVer' delivering the load. An employee of Chemical Transfer, Inc., arrived at the facility to deliver the load of Quorum Yellow LP and upon initial connection of the transfer hose to the facility receiving line began to off-load the product. Once the product transfer began it was noted that the connection was already being compromised and had a steady stream leaking from the connection. The transfer was immediately stopped and the driver was instructed to correct the problem. Upon trying to correct the problem the driver jostled the hose numerous times in an attempt to secure the transfer hose and this resulted in the transfer hose breaking its connection with the fitting on the reCeiving line. Therefore, the residual'mount of chemical still in the transfer hose ended-up spilling onto the ground and concrete pad. 7301 District Boulevard · BakersfieJc[, CA 93313 Tel:(661)398-3500 · Fax:(661)398-3524 Ice Cream Partners USA personnel then made repairs to the receiving line fitting to allow the off-loading to continue. Once the repair was made the driver resumed off-loading the product without further incident. After the track driver removed the tanker from the area Advanced Cleanup Technologies, Inc., was contacted to clean the affected area. The cleanup consisted of washing down the concrete pad, using a vacuum truck to remove the contaminated water, and then digging up 2 -3 inches of top soil where the chemical spilled on the ground. After removal of the soil the remaining dirt was pH tested to insure all contaminated soil had been removed. Enclosed please find a site map showing the location of the spill and the affected area. If you should have any questions regarding this information or require additional information do not hesitate to contact me at (661) 398-3500. S~in~cerely, · _ Environmental Health & Safety Coordinator Enclosures CC; Chuck Dries Ralph Huey, City of Bakersfield, Office of Environmental Services tO ? ? ? ? i i ! ! I I ...... ~--I-------~ I I I I L-I.---,~ ! ! I I i ' Location of Sp'dl lm D September 16, 2000 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) 32643979 FAX (661) 326-0576 TRAINING DIVISION 5642 Victor Ave. Bakersfield, CA 93308 VOICE (661) 399-4697 FAX (661) 399-5763 Department of Toxic Substance Control P.O. Box 806 Sacramento, CA 95812-0806 Attn: Accounting Unit Dear Sir: Enclosed please find a check for $2,553.13 collected as part of the administrative penalty from Ice Cream Partners USA, LLC for their violation of the California Health and Safety Code. This case is our docket number 00.01.04. Co~py of the Order on Consent Agreement attached for your information. The total sum collected through the administrative enforcement order is $7,500.00. Our cost of enforcement on this case i~s $2,393.75. The actual penalty therefore is $5,106.25. As prescribed in sub section 25187 of the Califomia Health and Safety Code, fifty percent of the penalty collected ($2,553.00) is hereby submitted to the Department of Toxic Substance Control. If you have any questions please feel free to call me at 661-326-3979. Sincerely, Office of Environmental Services enclosures cc: Susan Chichester, BFD Abdul Hamid Beig, DTSC ICE CREAM PARTNERS USA LLC September 12, 2000. Certified Mail - RRR Mr. Walter H. Port, Jr. Deputy City Attorney City Attorney's Office City of Bakersfield 1501 Truxton AvenUe Bakersfield, CA 93301 Re.' Docket No.: 0001-04, Order on Consent Agreement Issued to Ice Cream Partners USA, LLC Dear Mr. porr: Please find attached check No. 1012 in the amount of $7,500.00 as payment Persuant to Section 4 Penalty of the' Order on Consent Agreement, Docket No.: 0001-04, issued to Ice Cream Partners USA, LLC CiCP), ' '3 ICP believes that the enclosed payment, and the compliance items previously submitted to the City of Bakersfield Office of Environmental Services, should fully satisfy the requ/rements Set i'ort~ in of Docket No.: 0001-04. If You have any questions or require any additional information, please contact me at (660 ' 398-3500. '~ Robert C. Dales General Manager Ice Cream Partners USA, LLC BakerSfield Facility CC: Ralph Huey, Office of Environmental Service,s 7301 District Boulevard · Bakersfield, CA, 93313 :: lo1:(661 )398-3500 .. Fax:(661 )398-3524 · · ' Consent Order Payment Letter. doc ICE CREAM PARTNERS USA, LLC September 8, 2000 Mr. Ralph Huey Director of Environmental Services City of Bakersfield 1715 Chester Avenue Bakersfield, CA 93301 Re: Docket No.: 0001-04, Order on Consent Agreement Issued to Ice Cream Partners USA, LLC Dear Mr. Huey: Please find attached the following information as required by Section 3.2 Schedule for Compliance of the Order on Consent Agreement, Docket No.: 0001-04, issued to Ice Cream Partners USA, LLC: 1. The signed Order on Consent Agreement for Docket No.: 0001-04. 2. The signed Certification of Compliance for Docket No.: 0001-04. o Copy of the immediate notification procedures to the City of Bakersfield Fire Department Office of Emergency Services, the California Governor's Office of Emergency Services Warning Center and the City of Bakersfield Department of Public Works, of a release or threatened release of hazardous materials to the City of Bakersfield sanitary sewer system and publicly owned treatment works. Copy of the immediate notification procedures to the City of Bakersfield Fire Department Office of Emergency Services and the California Governor's Office of Emergency Services Warning Center, of a release or threatened release of hazardous materials in general. 5. A list of the admistrative and engineering controls which have been implemented at the ICP wastewater plant. 6. A description of the alarm system currently being installed for the bulk storage tanks at the ICP facility. 7. A copy of the attendance sheet from the Wastewater Notification Procedures training conducted for ICP personnel on August 30, 2000 and August 31, 2000. 7301 District Boulevard · Bakersfield, CA 93313 Tel:(661 )398-3500 · Fax:(661 )398-3524 Consent Order Response Letter.doc Mr. Ralph Huey September 8, 2000 Page 2 ICP believes that the enclosed attachments fully satisfy Section 3.2 Schedule for Compliance of Docket No.: 0001-04. ICP also believes that the procedures and controls implemented will improve prevention, detection, control, response and notification of any future hazardous material releases at the Facility. If you have any questions or require any additional information, please contact me at (661) 398-3500. Sincerely, ,., Robert C. Dries General Manager Ice Cream Partners USA, LLC Bakersfield Facility CC-' Walter H. Porr, Jr., City of Bakersfield Consent Order ResPonse Letter.doc Attachment I Signed Order on Consent Agreement STATE OF cALIFORNIA CITY OF BAKERSFIELD CERTIFIED UNIFIED PROGRAM AGENCY In the Matter of: ICE CREAM PARTNERS USA, LLC A Delaware corporation' doing business in California Respondent. Docket No.: 0001-04 ORDER ON 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 Order on Consent Agreement (Order) to Ice ~3ream Partners USA, LLC, a Delaware corporation doing business in California. 1.2. Site. Respondent generated, handled, treated, stored, and/or disposed of hazardous waste at the following site(s), including, but not limited to: 7301 District Boulevard, Bakersfield, California 93313. 1.3 Generator. The Respondent generated the following hazardous wastes: phosphoric acid concentrate (brand name: Mandate), a "corrosive" hazardous waste pursuant to title 22 of the California Code of Regulations (CCR), section 66261.22. 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 (Health & Safety Code section 25'100, et seq.), to wit: section 25189.5. Disposal, treatment or storage at, or transportation to, facilities without permits or at unauthorized points. On or about May 30, 2000, a spill of "Mandate" a concentrated liquid acid sanitizer occurred at the Ice Cream Partners USA, LLC- Bakersfield Facility (Bakersfield Facility). An "undetermined amount" of the material, with a pH of 0.2, was discharged to the sanitary sewer in violation of the City of Bakersfield Publically Owned Treatment Works (POTW) industrial wastewater discharge permit requirements. 2.2 Bakersfield Facility failed to immediately report the release or threatened release of a hazardous material to the CUPA, or to the local emergency response agency (Bakersfield Fire Department) and to the Governor's Office of Emergency Services Warning Center, as required by section 25507 of the California Health and Safety Code. SCHEDULE FOR COMPLIANCE 3. Based on the forgoing DETERMINATION OF VIOLATIONS, IT IS HEREBY ORDERED AND AGREED TO THAT: 3.1 Respondent shall make arrangements to properly immediately notify the CUPA and/or the local emergency response agency and the Governor's Office of Emergency Services Warning Center to report any significant release or threatened 2 release of a hazardous material. 3.2 Submittals. A summary of the revised notification procedures as well as any revised engineering and/or administrative controls designed to prevent or else alarm upon any hazardous material release in remote chemical storage 'areas, and to prevent hazardous waste releases or other such violations °fthe POTW industrial discharge permit requirements, shall be forwarded within fifteen (15) days from the date of this Order to: Mr. Ralph Huey Director of Environmental 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 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 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 orto 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 propert~y resulting from acts or omissions by Respondent or related parties specified in paragraph 3.16 in carrying out activities pursuant to this Order, nor shall the City of Bakersfield be held asa party to any contract entered into by Respondent or its agents in carrying out activities pursuant to the Order. 3.10 Additional Enforcement Actions. By issuance of this Order,.the CUPA does not waive the right to take further enforcement actions. 3.11 Incorporation of Plans and Reports. All plans, schedules, and reports that require CUPA approval and are submitted by respondent pursuant to this Order are incorporated in this Order upon approval by the CUPA. 3.12 Extension Request. If Respondent is unable to perform any activity or submit any document within the time required under this Order, the Respondent may, prior to expiration of the time, request an extension of time in writing. The extension request shall include a justification for the delay. 3.13 Extension Approvals. If the CUPA determines that good cause exists for an extension, it will grant the request and specify in writing a new compliance schedule. 3.14 Penalties for Noncompliance. Failure to comply with the terms of this Order may also subject Respondent to costs, penalties, and/or punitive damages for any costs 5 incurred by the CUPA or other government agencies as a result of such failure, as provided by 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. o PENALTY The CUPA assesses a penalty of $ 7,500. Payment of the total penalty of $ 7,500 is due within thirty (30) days from the effective date of the Order. Respondent's check shall be made payable to City of Bakersfield, Certified Unified Program Agency, and shall identify the Respondent and Docket Numb'er, 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 Environmental Services City of Bakersfield 1715 Chester Avenue Bakersfield, California 93301 5. This Order is final and effective upon execution by the City and Respondent. 6. "Days" for purposes of this Order means calendar days. 6 Date of IssUance: August ,~/, 2000. Director of'Environmental City of Bakersfield , Services LLC Typed or Printed Name of Respondent's Representative Date Date CC: Agent for Service CT Corporation System 818 West Seventh Street Los Angeles, CA 90017 Chief Executive Officer Ice Cream Partners USA, LLC 30003 Bainbridge Road Solon, OH 44139-2290 Mr. Walter H. Porr, Jr. Deputy City Attorney City Attorney's Office City of Bakersfield 1501 Truxtun Avenue Bakersfield, CA 93301 7 Attachment 2 Signed Certification of Compliance STATE OF CALIFORNIA CITY Of BAKERSFIELD CERTIFIED UNIFIED PROGRAM AGENCY In the Matter of: ICE CREAM PARTNERS USA, LLC A Delaware corporation doing business in California Respondent. Docket No. 0001-04 CERTIFICATION OF COMPLIANCE Robert C. Dries certify under penalty of law that: 1. Respondent has corrected the violations specified in the above-entitled action. 2. I haVe personally examined any documentation attached to this certification to establish that the violations have been cOrrected. 3. Based on my examination of the attached documentation and inquiry of the individuals who prepared or obtained it, I believe that the information is true, accurate and comPlete 4. I am aUthoriZed to file this Certification on behalf of the Respondent. 5. I am aware that there are significant penalties for submitting·false information, including the possibility of fine and imprisonment for knoWing Violations. Dated: c//~/co Signed: ' Printed or Typed Name: s:~AUG 2000\CertificationofCompliance(ICpusA),wpd Attachment 3 Wastewater Notification Procedures WASTEWATER INCIDENT NOTIFICATION PROCEDURES Wastewater Discharges <2 pH or >12.5 pH Wastewater with a pH of less than 2 or greater than 12.5 is classified as characteristic hazardous waste. Any release or threatened release of wastewater <2 pH or >12.5 pH from the ICP wastewater treatment facility, regardless of duration, requires immediate notification to the following ICP EHS and Maintenance personnel: Jennie Friebel Business Phone ................ 398-4859 EHS Coordinator Home Phone · ............... 827-0674 Pager ................ 337-1330 John Gilmore Business Phone ................ 398-3590 EHS Manager Home Phone 664-7222 ' Pager ................ 337-1321 Nextel Name ................ Gilmore John Blacksill Facilities Maintenance Team Coordinator Business Phone ................ 398-4829 Home Phone ................ 589-0859 Nextel Name ................ John Important: Proper notification means that at least one of the persons listed above has to spoken to in person. Voice mails, leaving a message with another person or paging is not acceptable. It is extremely important that the person making the initial notification speaks directly to someone. If every reasonable effort to contact the persons above has been made and still is unsuccessful, then the regulatory agencies listed below must be contacted directly. The first person contacted from the list above will then immediately report to the following: City of Bakersfield Office of Environmental Services (661) 326-3979 State Office of Emergency Services (800) 852-7550 or (916) 427-4341 City of Bakersfield POTW (661) 326-3249 Chuck Dries Business Phone ................ 398-3540 General Manager Home Phone ................ 588-7254 Pager ................ 888-320-1193 Nextel Name ................ Dries The Report Shall Include The Following: 1. The exact location of the release or threatened release. 2. The name of the person reporting the release or threatened release. 3. The hazardous materials involved in the release or threatened release. 4. An estimate of the quanti _ty of hazardous materials involved. 5. If known, the potential hazards presented by the hazardous material involved in the release or threatened release. WASTEWATER INCIDENT NOTIFICATION PROCEDURES Wastewater Discharges <6 pH or >12 pH Wastewater discharges with a pH of less than 6 or greater than 12 are out of compliance with wastewater permit issued by the City of Bakersfield. Any release or threatened release of wastewater <6 pH or >12 pH from the ICP wastewater treatment facility, regardless of duration, requires immediate notification to the following ICP EHS and Maintenance personnel: Jennie Friebel EHS Coordinator Business Phone Home Phone Pager ................ 398-4859 ................ 827-0674 ................ 337-1330 John .Blacksill Facilities Maintenance Team Coordinator Business Phone Home Phone Nextel Name ................ 398-4829 ................ 589-0859 ................ John Norman Carter Engineering Manager Business Phone Home Phone Pager Nextel Name ................ 398-4834 ................ 665-8734 ................ 337-1361 ................ Norm Important: Proper notification means that at least one of the persons listed above has to spoken to mails, leaving a message with another person or paging is not acceptable. It is extremely important making the initial notification speaks directly to someone. " in person. Voice that the person If the persons listed above cannot be contacted, then notification through the Maintenance, Engineering and HR chain of command must be pursued until someone is contacted in person: group leaders, team coordinators, managers. Within 24 hours the incident will be reported to the following: City of Bakersfield POTW (661) 326-3249 The Report Shall Include The Following: 1. The name of the person reporting the release or threatened release. 2. The exact location of facility. 2. A description of the non-compliance (high or low pH). 3. The duration of the non-compliance event. 4. An explanation of the contributing factors to the non-compliance event. 5. If known, the potential risks to human health or environment. 6. A description of the corrective actions taken. Attachment 4 Hazardous Material Release' Notification Procedures HAZARDOUS MATERIAL RELEASE NOTIFICATION PROCEDURES Hazardous materials means any material that, because of its quantity, concentration, or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released into the workplace or the environment. Hazardous materials include, those substances which require an MSDS and any material which a would be injurious to human health or the environment. Any release or threatened release of hazardous materials requires immediate notification to the following ICP EHS and Maintenance personnel: Jennie Friebel Business Phone ................ 398,4859 EHS Coordinator Home Phone ................ 827-0674 Pager ................ 337-1330 John Gilmore Business Phone ................ 398-3590 EHS Manager Home Ph6ne ................ 664-7222 Pager ................ 337-1321 Nextel Name ................ Gilmore John Blacksill Facilities Maintenance Team Coordinator Business Phone ................ 398-4829 Home Phone ................ 589-08591 Nextel Name ................ John! Important: Proper notification means that at least one of the persons listed above has to Spoken to mails, leaving a message with another person or paging is not acceptable. It is extremely important making the initial notification speaks directly to someone. in person. Voice that the person If every reasonable effort to contact the persons above has been made and still is unsuccessful, then the regulatory agencies listed below must be contacted directly. The first person contacted from the list above will then immediately report to the following: City of Bakersfield Office of Environmental Services (661) 326-3979 State Office of Emergency Services (800) 852-7550 or (916) 427-4341 Chuck Dries General Manager Business Phone ................ 398-3540 Home Phone ................ 588-7254 Pager ................ 888-320-1193 Nextel Name ................ Dries The Report Shall Include The Following: 1. The exact location of the release or threatened release. 2. The name of the person reporting the release or threatened release. 3. The hazardous materials involved in the release or threatened release. 4. An estimate of the quanti _ty of hazardous materials involved. 5. If known, the potential hazards presented by the hazardous material involved in the release or threatened release. Attachment 5 New ICP Wastewater Plant Engineering and Administrative Controls · ' ' {~ 1 New ICP Wastewater Planet Engineering and Administrative Contro s The following modifications have been made to the wastewater treatment plant to improve detection of possible upset.or non-compliance gituations: 1. Audible Alarms An voice alarm will be sent to all of the FM radios in the facility and to a speaker in the wastewater plant when the following occurs: · Computer communication problems and errors · High water level · Low water level · Low pH · High pH · System failure · pH correction failure The alarm sounds every 60 seconds until turned off. 2. New Database A new database has been installed which compiles the following information every 60 seconds: Final pH of wastewater to the sewer Polishing vault pH Polishing vault level Wastewater flowrate Primary vault pH Primary vault level Actuator valves - open or closed Date and Time Failure log 3. Real Time Video Display Screen A new video terminal was installed which provides real time information on the following: · Video display of all three (3) vaults · Wastewater levels in all three (3) vaults · Pumps · All three (3) pH probes · Overflow pipes · Flowrate 4. Electrical Surge Protector Installed An elect~;ical surge protector has been installed to protect sensitive equipment from fluctuations in the electricity received by the wastewater plant programmable logic controller. Uninterrupterable Power Supply to Be Installed An uninterrupterable power supply will be installed at the wastewater facility to provide continuous power to the programmable logic controller in the event of a power outage or interruption. Attachment 6 New Bulk Storage Tanks Warning System New Bulk Storage Tanks Alarm System ICP has installed a new alarm system in the Mandate bulk storage tank and the sodium hydroxide solution bulk storage tank located at the Bakersfield facility. The following lists the components of the new system: High levels alarms have been placed in the Mandate acid sanitizer and sodium hydroxide bulk storage tanks located in the CIP (clean in place) Room at the Bakersfield facility. In the event of a high level reading, a 100 dB audible alarm and a blue flashing light will be activated in the Raw Hall area where the bulk chemicals are off-loaded from tanker trucks. The alarms would notify personnel transferring chemicals that a high level situation exists. The flashing light can only be turned off when the liquid falls to the designated safe level. 3. An alarm will also be triggered at the Security Office, alerting the 24-hour security personnel that a high level situation exists. The re-set button for the alarms is located in the 3rd floor mezzanine of the CIP room. This requires a person to go to the CIP Room and walk past the two (2) bulk storage tanks to re-set the alarm system. Attachment 7 Copies of Notification Procedures Training Attendance Sheet TRAINING ROSTER check Type of Training: [] Orientation [] Classroom [] Skills Course TiUe Time/Date Trainer's nature ' 13. · / ~ .. 14. ' ~ ~ 15. · ~ 16. ' ~ 17. ~ ~. 18' ~ 19. ~ 20-~ ~ ~ 21' ~ 23" ~ 24. 25. ~ TRAINING ROSTER check Type of Training: El. Orientation [] ¢ Classroom [] Skills Course TiUe Time/Date No. of. Hours Trainer's nature TRAiNiNG ~TRNGRSTR.OO C 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 September 5, 2000 Mr. Chuck Dries, Manager Ice Cream Partners USA, LLC 7301 District Blvd Bakersfield, CA 93313 RE: Consent Agreement for Docket No: 0001-04 Dear Mr. Dries: Enclosed, please find the Order on 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. Submittals of notification and spill prevention procedure update and penalty may 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, ~~r Office of Environmental Services REH/dm enclosure: Consent Agreement (original) STATE OF CALIFORNIA CITY OF BAKERSFIELD CERTIFIED UNIFIED PROGRAM AGENCY In the Matter of: ) ) ICE CREAM PARTNERS USA, LLC ) A Delaware corporation doing business ) in California ) ) Respondent. ) ) Docket No.: 0001-04 ORDER ON 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 Order on Consent Agreement (Order) to Ice Cream Partners USA, LLC, a Delaware corporation doing business in California. 1.2. Site. Respondent generated, handled, treated, stored, and/or disposed of hazardous waste at the following site(s), including, but not limited to: 7301 District Boulevard, Bakersfield, California 93313. 1.3 Generator. The Respondent generated the following hazardous wastes: phosphoric acid concentrate (brand name: Mandate), a "corrosive" hazardous waste pursuant to title 22 of the California Code of Regulations (CCR), section 66261.22. 1.4 Jurisdiction. Section 25187.ofthe 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 (Health & 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 or abOut May 30, 2000, a spill of "Mandate" a concentrated liquid acid sanitizer occurred at the Ice Cream Partners USA, LLC - Bakersfield Facility (Bakersfield Facility). An "undetermined amount" of the material, with a pH of 0.2, was discharged to the sanitary sewer in violation of the City of Bakersfield Publically Owned Treatment Works (POTW)industrial wastewater.discharge permit requirements. 2.2 Bakersfield Facility failed to immediately report the release or threatened release of a hazardous material to the CUPA, or to the local emergency response agency (Bakersfield. Fire Department) and to the Governor's Office of Emergency Services Warning Center, as required by section 25507 of the California Health and Safety Code. SCHEDULE FOR COMPLIANCE 3. Based on the forgoing DETERMINATION OF VIOLATIONS, IT IS HEREBY ORDERED AND AGREED TO THAT: 3.1 ReSpondent shall make arrangements to properly immediately notify the CUPA and/or the local emergency response agency and the Governor's Office of Emergency Services Warning Center to report any significant release or threatened 2 release of a hazardous material. 3.2 Submittals. A summary of the revised notification procedures as well as any revised engineering and/or administrative controls designed to prevent or else alarm upon any hazardous material release in remote chemical storage areas, and to prevent hazardous waste releases or other such violations of the POTW industrial discharge permit requirements, shall be forwarded within fifteen (15) days from the date of this Order to: Mr. Ralph Huey Director of Environmental 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 to the 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 d°cuments 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 specified in paragraph .3.16 in carrying out activities pursuant to this Order, nor shall the City of Bakersfield be held as a party to any contract entered into by Respondent or its agents in carrying out activities pursuant to the Order. 3.10 Additional Enforcement Actions. By issuance of this Order, the CUPA does not waive the right to take further enforcement actions. 3:11 Incorporation of Plans and Reports. All plans, schedules, and reports that require CUPA approval and are submitted by respondent pursuant to this Order are incorporated in this Order upon approval by the CUPA. 3.12 Extension Request. If Respondent is unable to perform any activity or submit any document within the time required under this Order, the Respondent may, prior to expiration of the time, request an extension of time in writing. The extension request shall include a justifiCation for the delay. 3.13 Extension Approvals. If the CUPA determines that good cause exists for an extension, it will grant the request and specify in writing a new compliance schedule. 3.14 Penalties for Noncompliance. Failure to comply with the terms of this Order may also subject Respondent to costs, penalties, and/or punitive damages for any costs 5 incurred by the CUPA or other government agencies as a result of such failure, as provided by 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 $ 7,500. Payment of the total penalty of $ 7,500 is due within thirty (30) days from the effective date of the Order. Respondent's check shall be made payable to City of Bakersfield, Certified Unified Program Agency, and shall identify the Respondent and Docket Number, as shown in the heading of this case. Respondent shall deliver the penalty payment to: Mr. Walter H. Porr, Jr. Deputy City Attorney City Attorney's Office City of Bakersfield 1501 Truxtun Avenue Bakersfield, California 93301 A photocopy of the check shall be sent to: Mr. Ralph Huey Director of Environmental Services City of Bakersfield 1715 Chester Avenue Bakersfield, California 93301 5. This Order is final and effective upon execution by the City and Respondent. 6. "Days" for purposes of this Order means calendar days. 6 Date of Issuance: August ,,~/, 2000. Mr. Director of-Environmental City of Bakersfield Ice Services LLC Typed or Printed Name of Respondent's Representative Date Date CC: Agent for Service CT Corporation System 818 West Seventh Street Los Angeles, CA 90017 Chief Executive Officer Ice Cream Partners USA, LLC 30003 Bainbridge Road Solon, OH 44139-2290 Mr. Walter H. Porr, Jr. Deputy City Attorney City Attorney's Office City of Bakersfield 1501 Truxtun Avenue Bakersfield, CA 93301 -7 STATE OF CALIFORNIA CITY OF BAKERSFIELD CERTIFIED UNIFIED PROGRAM AGENCY In the Matter of: ICE CREAM PARTNERS USA, LLC A Delaware corporation doing business in California Respondent. Docket No. 0001-04 CERTIFICATION OF COMPLIANCE Robert C. Dries , certify under penalty of law that: 1. Respondent has corrected the violations specified in the above-entitled action. 2.. '1 haVe personally examined any documentation attached to'this certification J to establish that the violations have 'been cOrrected. 3. Based on my examination of the attached documentation and inquiry of the individuals who prepared or obtained it, I believe that the information is true, accurate and complete. 4. 5. I am aUthor, ized to file this Certification on behalf of the Respondent. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knoWing Violations. Signed: Pdnted Or Typed Name: Title: PC Dated: 9 ~/co S:~AUG 2000\CertlflcatlonofCompllance(ICP USA).wpd STATE OF cALIFORNIA CITY OF BAKERSFIELD CERTIFIED UNIFIED PROGRAM AGENCY In the Matter of: ) ) ICE CREAM PARTNERS USA, LLC ) A Delaware corporation doing business ) in California -) ) Respondent. ) .) Docket No.: 0001-04 ORDER ON 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 Environmentai Protection Agency (Cai/EPA) to administer and enforce the Hazardous Substance Control Act in the City of Bakersfield, issues this Order on Consent Agreement (Order) to Ice Cream Partners USA,' LLC, a Delaware corporation doing business in California. 1.2. Site. Respondent generated, handled, treated, stored, and/or disposed of hazardous waste at the following site(s), including, but not limited to: 7301 'District Boulevard, Bakersfield, California 93313. 1.3 Generator. The Respondent generated the following hazardous wastes: phosphoric acid concentrate (brand name: Mandate), a "corrosive" hazardous waste pursuant to title 22 of the California Code of Regulations (CCR), section 66261.22. 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 (Health & 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 or about May 30, 2000, a spill of "Mandate" a concentrated, liquid acid sanitizer occurred at the Ice Cream Partners USA, LLC - Bakersfield Facility (Bakersfield Facility). An "undetermined amount" of the material,. with a pH of 0.2, was discharged to' the sanitary sewer in violation of the City of Bakersfield Publically Owned Treatment Works (POTW) industrial wastewater discharge permit requirements. 2.2 Bakersfield Facility failed to immediately report the release or threatened release of a hazardous material to the CUPA, or to the local emergency response agency (Bakersfield Fire Department) and to the Governor's Office of Emergency Services Warning Center, as required by section 25507 of the California Health and Safety Code. SCHEDULE FOR COMPLIANCE 3. Based on the forgoing DETERMINATION OF VIOLATIONS, IT IS HEREBY ORDERED AND AGREED TO THAT: 3.1 Respondent shall make arrangements to properly immediately notify .the CUPA and/or the local emergency response agency and the Governor's Office of Emergency Services Warning Center to report any significant release or threatened 2 release of a hazardous material. 3.2 Submittals. A summary of the revised notification procedures as well as any revised engineering and/or administrative controls designed to prevent or else alarm upon any hazardous material release in remote chemical storage areas, and to prevent hazardous waste releases or other such violations of the POTW industrial discharge permit requirements, shall be forwarded within fifteen (15) days from the date of this Order to: Mr. Ralph Huey Director of Environmental 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 to the 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 specified in paragraph 3.16 in carrying out activities pursuant to this Order, nor shall the City of Bakersfield be held as a party to any contract entered into by Respondent or its agents in carrying out activities pursuant to the Order. 3.10 Additional Enforcement Actions. By issuance of this Order, the CUPA does. not waive the right to take further enforcement actions: · 3~11 Incorporation of Plans and Reports: All plans, schedules, and. reports that~ require CUPA approval and are .submitted by respondent pursuant to this Order are incorporated in this Order upon approval by the CUPA. 3.12 Extension Request. If Respondent is unable to perform any activity or submit any document within the time required under this Order, the Respondent may, prior to expiration of the time, request an extension of time in writing. The extension request shall include a justification for the delay. 3.13 Extension Approvals. If the CUPA determines that good cause exists for an extension, it will grant the request and specify in writing a new compliance schedule. 3.14 Penalties for Noncompliance. Failure to comply with the terms of this Order may also subject Respondent to costs, penalties, and/or punitive damages for any costs 5 incurred by the CUPA or other government agencies as a result of such failure, as provided by 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 $ 7,500. Payment of the total penalty of $ 7,500 is due within thirty (30) days from the effective date of the Order. Respondent's check shall be made payable,to City of Bakersfield, Certified Unified Program Agen(~y, 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 Environmental Services City of Bakersfield 171'5 Chester Avenue Bakersfield, California 93301 5. This Order is final and effective upon execution by the City and Respondent. 6. "Days" for purposes of this Order means calendar days. 6 Date of Issuance: August ,~/, 2000. Director of'Environmental Services City of Bakersfield Date 31- Ice Cream Partners USA, LLC Date Typed or Printed Name of Respondent's Representative CC; Agent for Service CT Corporation System 818 West Seventh Street Los Angeles, CA 90017 Chief Executive Officer Ice Cream Partners USA, LLC 30003 Bainbridge Road Solon, OH 44139-2290 Mr. Walter H. Porr, Jr. Deputy City Attorney City Attorney's Office City of Bakersfield" 1501 Truxtun Avenue Bakersfield, CA 93301 7 08/38/08 11:32:55 Cit9 of B~r~field-> 661 326 8576 R Page 882 Ice Cream Partners Cost Recoveq/Worksheet Activity Dates 06/13 retrieve charts, read meters 07/11 retdeve charts, read meters Calls / Faxes Dates Number 05/30 1 Call 05/31 4 Calls 05/31 1 E-mail 06/01 1 E-mail 07/19 1 Meeting (@ 2hrs) 07/24 1 Call 07/26 1 For the Record 07/28 1 Call 08/03 1 Fax 08/08 1 Referral Call to OES 08/08 1 Fax to OES 08/09 1 City NOV Letter (@ 2 hrs) 08/16 I Call 08/17 1 Call 08/23 1 Call 08/23 1 E-mail 12.25 hours (~ $22.33 = $273.54 Damages to City sewer system not yet determined Key: B = brief inspection S = setup sampler R = retreive sampler C= composite sample G = grab sample Calls & faxes @ 0.25 hrs per = 4.25 hfs Letters, Meetings & Field Work @ 2 hours per = 8 hrs Rate per hour = $22.33 This worksheet was created for OES (per Howard Wines' request) regarding the acid spill on o about 5/30/00 - 5/31/00. ICE CREAM PARTNERS USA 7301 District Boulevard Bakersfield CA 93313 Tel (661) 398-3500 Fax (661) 398-4860 August 24, 2000 Certified Mail - RRR Mr. Walter H. Porr, Jr. Deputy City Attorney ........ Git. y_~Attorney~s.0ffice ...... City of Bakersfield 1501 Truxton Aveneue Bakei'sfeild, CA 93301 Re: Docket No.: 0001-04, Enforcement Order Issued to Ice Cream Partners USA, LLC Dear Mr. Porr: ~Please find enclosed the signed Acknowledgement of Recipt for the following documents sent to Ice Cream Partners USA, LLC (ICP), in regard to Docket No.: 0001-04: 1. Enforcement Order 2. Statement to Respondent 3. Certification of Compliance Form 4. Two (2) copies of the Notice of Defense ICP has reviewed'the above referenced documents and is taking action to fully comply with the Enforcement Order Schedule of Compliance. ICP senior management representatives will also meet. with_representatives, from the Office of Emergency Services for the City<~0f . Bakersfield Fire Department (OES) on Thursday August 31, 2000, for an informal conference to discuss Docket No.' 0001-04. ICP fully intends to resolve this matter to the satisfaction of all parties involved. If you have any questions or require any additional information, please contact me at (661) 398-3500. Ro~e~elD~fi>y'~ ' ' Plant Manager Ice Cream Panners USA, LLC Bakersfield Facility cc: R. Huey, OES 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: S~gna~~-~ Print Name and Title S:~AUG 2000\EnforcementOrder(ICPUSA).wpd Prepared by: File Name: Report Date: Incident: Location: Incident Date: Violation: Statute: Penalty: Suspect - 1' Witness - 1' Narrative: BAKERSFIELD FIRE DEPARTMENT OFFICE OF ENVIRONMENTAL SERVICES PRELIMINARY INVESTIGATION REPORT q'x" Howard H. Wines, III Hazardous Materials Specialist S:LAUG 2000~ICP Prelim Inv.wpd August 15, 2000 Ice Cream Parmers; USA, LLC 7301 District Blvd. 93313 May 30, 2000 Unauthorized discharge of a hazardous waste & failure to notify local CUPA and/or emergency resPonse agencies and the Governor's Office of Emergency Services State Warning Center of a hazardous materials release which resulted in the hazardous waste violation. Section 25189.5(a) Califomia Health and Safety Code. Disposed or induced disposal of a hazardous waste at an unauthorized point. Section 25507 California Health 'and Safety Code. Failure to immediately report a release or threatened release of a hazardous material. $7,500 Ice Cream Partners USA, LLC A Delaware Corporation doing business in California 7301 District Blvd. Bakersfield, CA 93313 ~ Lara Kimm, Industrial Waste Inspector'. City of Bakersfield Public Works Department 8101 Ashe Rd. : Bakersfield, CA 93313 . On May 30, 2000, a non-reported hazardous materials release occurred at the suspect facility which resulted in an illegal discharge of a corrosive hazardous waste to the sanitary sewer. Prior history of non-reporting of such incidents. Incident documentation attached. Administrative Enforcement Action - Ice Cream Partners Preliminary Investigation Report Page 2 Penalty Calculation Pursuant to Title 22 of the Californi'a Code of Regulations Actual or Potential Harm: Corrosive phosphoric acid waste is considered a "Moderate" actual or potential harm. · (66272.63(b)(2)(B)) Extent of Deviation: Inadvertent discharge to wastewater treatment system is considered a "Moderate" violation. (66272.63(c)(2)(A)) Initial Base Penalty: $10,000 (66272.63(d)) Additional Penalties: N/A. (66272.63(e)) Intent (before the fact): Total Base Penalty: N/A. $10,000 (66272.64(a)) Adjustment Factors: Cooperation and Effort: Multiplier (0.75 to 1.0) $ 7,500 (66272.64(b)) (66272.65(a)) Excellent cooperation (0.75) Prophylactic Effect: Multiplier (0.5 to 2.0) Penalty effect on both the violator & regulated community. The penalty should not be too severe, nor too lenient for the type of industry involved (multi-national conglomerate). (1.0) $ 7,500 Economic Benefit: None. Ability to Pay: Violator must demonstrate inability to pay full amount. Final Adjusted Penalty: $ 7,500 attachments BAKERSFIELD PUBLIC WORKS DEPARTMENT 1501 TRUXTUN AVENUE BAKERSFIELD. CALIFORNIA 93301 (661) 326-3724 ..... RAUL M. RO~A& DffiP~'TOR-CrrY ENOi~e.~ut August 9, 2000 Mr. Chuck Dries Ice Cream Partners USA 7301 District Boulevard Bakersfield;CA 93313 ........................ · .:i 5-'.': 2'::' ~Re:-- Notice of May 30- 31, 2000 pI!-Violations; ' .2 ......... Compliance Status For Permit No. 3-BK=0008, 2nd QUarter'2000 ' Dear Mr. Dries: ....... ._As. you are aware, your facility discharged in violation of your ..wastewater_ discharge permit betWeen.May .... 30 - 31, 2000. Specifically, your discharge consisted ora pH betWeen 0.8 - 5.9 unitsfor a period of 1.5 _:_h_ours... Discharge ofa pH less. than.6.0 units is a local violation and discharge ofa pH less than 5.0 units~ ...... . ...... is ~ federal violation..In addition' a pH of ~2.0 is hazardous waste by definition. This letter shall ser~e.as..:-: ...... ~ ootice of violation for y~ur facility. :':' ' ............. · ............................................. '~ D:' . In addition, the City of Bakersfield is required to submit a quarterly report to the California Regional Water Quality Control Board regarding the compliance status of industrial users. This is to inform you that your facility was reported ns being in "inconsistent compliance." -- :'Compliance. statUs is determined' at the end of each quarter_based upon data fi'om the previous Si _~onths. IncOns.is.t_ent..CO__mpli.ance occurs when_more.thnn one minor orOne_majOr.vi0!ation takes place. ' Your facility failed to comply with the local pH limit for 2% of the monitoring days evaluated. Ii'you.have any questions, please contact 'Lara Kimm at (661) 326-3249. Very truly yours, RAUL M. ROJAS Public Works Director· 'Wen-Shi Cheung" '/ Wastewater Supervisor II CC: Jennifer Friebel, Ice Cream Partners USA Ralph Huey, City of Bakersfield, Environmental Services · S:',C'.Forms~lCstatus kr fiUG-08-O0 TUE 16:20 CITY VIA FAC$IMILF, -. --. "' --August 3,2000 ,'._ .'i~_.-.i ._' ' I,AURAKIIvIM .... ';--::.'. City Wa.~teWatcr ............... 8101 A~he Roacl Bake£.,ffield, CA 933 Re: 5/30/00 - 5/31/0( Dear Ms. KJmm: Oz~ Tuezday, May -'-' ........... ............ experienced- a multi~ BKFLD WW D IV FAX NO. 6618360912 TO.'~).~S~ P, 06 {' F C R F A Aa pAill I Iq I I~ .~ U S a I I.C ~) ~$$.0~I2 Vastewater Incident -City of Bakersfield; incident report-was rwaMed to you explak~g_what, wa$ known_at the. time to have ...... .. ......................................................happe, n~, This lctt is to f6t;ttier-c~Pi~0-'tM 'incid¢~-'ind-adgiS~' ~,ou'0f additiohul information which · subsequently made available to us and the corrective actions taken since this incid ~t, During the evening CIP Room 3 & 4. I' readings at t~e on-s trans£er ~rom'a bulk for oft. loading ate connection on the ou to off load the eherr completed, an air bb hose J~ then dJs¢on~ happenot was the ak to go through the lin the b~ttom of thc b' splash up and out of D, 2000, the Ice Cream Partners USA - Bakersfield facility '.e of Problems concerning ~e wnstewater attenm, discharged to the bltcly Owned-Treatment:Works (POTW) facility. Previously, an af May 30, 2000, approximately 250 gaJi0aa of' Mandate, a .d_saniti~er,_was_._.~_i!!ed ias!.de_the secondary eontai__r~_ ~t located i.n ...... addition to thia amoum there was an tmdc. termined amotm! also ~ontaim~cfit""$n-d 'en-terext-the- dmitt-syr~em;'-cao$ing'the 'low 'pl-I-":-'-: ~ - ..:.t...: .: . e wastewater treatment plant, Thc Mandate was spilled during :livery truck to the inside storage tank. The eatabllshed procedure ker truck during a deltvcry is to have the driver make · ho~e ide ortho building next to the raw corridor. Then the drivcr begins :al, which is stored in a pressurized tank. Once the unloading is v i~ done on thc line to clear file line of any excess pvoducL The ~etecl and the dfiwr is finished. On this day, what we believe ,low was left on too long causing a larger volume of pressurized air Then when the air reached the exit end of the piping, which is at k tank of Mandate, it caused a large amount of the chemical to ie tank. AUG-08-O0 TUE 15:20 CITY OF ~3~-~-~:MB00 1~:13 FROM:ICP~ BKFLD WW DIV F~XNO, 6618350912 P, 06 On the sa.me day thc wl~ch wc believe cc enlibmted. Enclosed· is responsible for c~ Service, Inc., expla~ fach when ~e ~i~ ~lis~ng pH ptob~ w e~io co ~.e Iow end. ~ty o~c~ .~d K mility also experienced a power spike at approximately 8:48 PM, tld have caused the two pH probes Io no longer be ,correctly a copy cfa letter recelved from PFT/Alcxander Service, Inc,, who brating our probes quarterly. 'I~e letter fi'om PFT/Alcxander thai a probe can come out of calibration during a power ~ika. In 'epresentatiw came out to service thc probes on. June 7, 2000, i off by 0.3, on the Iow end. and the f-mai pH probe was off by 0.6, ~ercfore, iq is our beli¢£ that a POrtion of thc low pl-I readings was bes from the pow:r spike. rotor was ~ the low pH warning, which alenncd at our on-site ' Security's office, wa~ not r~layed by the o~-sit¢ guard to the ~zunent. The alarm did Sound at both locations and Kcm Security ri.with the on-sim guard, However., the on-site guard did .not r~Iny [ties/Facilities Technician on duty. Duc to me roessage not being -- ' ".. ........... relayed we were una[ I~ to respond to the tn'oblem immediately. The Utilities/Facilities Technic/nn who did e ~ntually respond v-as on2y notffi~ ofth~ situation by performing ................... his normal rounds at ~proximately I 1:30 PM.. When he arrived he immeclietely began wOrkin£ on trying to, 6rrect the low pH problem. The pH was eventually adjusted back to a neutral level bet~ en ] 2:30 AM to 1:00 AM. ..... ~ ...... T'i- T- '~i'-'Due'to theCOmmunic ion p~oblem-~ w,, exparienced on this. evening we have since then. -- '- .. ' ..... ..-'- roade roodifications t(' ~ wastewater alarming syste.~l il~ Older to improve.the roanncr in :" ................. which the Uti]ities/F :ilitics Dopartment is notified regarding all w~stewat~r issues,' · .-' ................... Prior 'to the incident, ~hcn thoro wac an issue, al the wastewaier, arcs an. alalm vv~uld .... .............................. ....................................... sound at both tM on-,, :e .$ecud.'.ty_o_ffic~.andK=m$_~cu!ttfsofficc. Now, the alarm will ....................... .... still sound at these ~ 'p locations and in addition we have placed the various types of · alarms into a progra,. ~nable logic control systero (PLC). This PLC system has a voice recording.for ~ech lyt ~or alarm, which i~ then tied in. to tho ~rnmunication radios ueed ............. by'all UtilitiesgFacilii ~s Technicians. As a result, th~ Technicians will now receive a voice nles,~ge on the radios in addition to the security o~oes recclving an alarm on T.~_-L..£--. _. _. '-'_'_... thck eon. trol panels, tis message ~ set on a rcpe~ter which will eontinu~ to noth°y the_ - "... " ............. Technicians until th alarm 'is responded to. This imp~ovcmeut will allow the waiting for notificatic fkoro the on-site security gu.,a~ds. This system should ensure that the communication pr ~lcm that occurred on May 30'~ we do not experience again. Another item discos, ,'ed during our investigation wa~ in regards to thc chemical involved, Mandate. 'lr ~e Material Safety Data Sheet (MSD5) reported thc pH for a I% usage concentration t~ ]be n 2.2. Howev,r the chemical we are actually reC~iving is in a oon¢~tratc-d form an, .]the pH is lower than this number. EcoLab, our curare supplier, has provided a lett~ .~ staling both the neutralization .ratios and pH level f~r the concentrated product. Il'he actual pH of thc Mandate releas~ was measured it -0.2. A copy of this letter ha'. be~n cnclosed fo.t your r~vicw. Therefore, the reported pH 1¢v¢1 previously given to y~ ~' office for. this chemical is incorrect. . AUG-~-O0 .TUE 15:21 The abovo informad¢ which rook plsc~ Ma'. to mice all p~ecaufiom should have ~y qu~ con~ mc at (661) ' JENN1FEK L, FRIEI= CITY OF BKFLD WW DIV FAX NO, 6618350912 TO . is being provided ~ you in o~lcr to fu~cr explain cbc ia .~.dcnt 30, 2000. You I11~, res~ assured that we ha¥c, and will continue, n order to prevent a similar situation fi'om oc~:un-ing agaik If you rions or..concerns regarding-this information do .not. 1-4859. - WASTE WATER .m, lVi~lOr ~ , ~,|TY OF '3A,KEi-'.SF fEL :',.. Coordinator ...... :-__. : ........................ On Tuesday, October 27, 1998, I met with Sean Gillespie, Jennifer Friebel of Nestle, and Ron Mikuls of ACTI at the Nestle Plant. Upon request, I was shown the site where ACTI had tested soil the night before, and found that a 55 gallon drum of soil had been removed. Per Ron Mikuls, this soil tested ph 10. The area of the soil removal indicated that the high,er ph could have resulted from small releases during the bulk tank filling operation. However, upon -questioning, I was told that they did have a release of caristic soda solution (Na OH) on the previous Saturday from a trench adjacent to the area in question (see attached sketch, Fig A) Upon examination of this trench, I found several lines carrying hydrochloric acid and caustic soda to a waste 'treatment facility. The plastic HCL line was fuming at a joint where plastic pipe · - was covered with a tygon type material with no sign of a clamp on the tubing. The stainless steel · '~ line, adjacent to this tubing joint had been repaired with a pipe clamp. I was told by Scan i..'". ~ 'G. illespie that the ~ciamp was the repair made on the previOUs Saturday and that the stainless line .............. was corroded from tl:i~_outside._. (It appears'0bvioUslthat the ~fumes_cUrrentlY!eaking Were the l .'(i~27~. '_.....;2 i~i-Oblem.) ~This Na OH' leak was reported t° be verysmall and. perhaps contributing to the ........... ........... current-soil contamination: This is unlikely and appear to be separate incidents. ' During an exit interview with Jennifer Friebel and Scan Gillespie, I stressed the point that our ...... C6ncern was not just this incident of not reporting a release, but Nestle's histOry of not reporting ..... releases. (Stating as support) the 1995 release into the sewer system that we were not notified of, and the previous ammonia release where employees were sent to.the hospital that we were .......... not notified of. I gave Jennifer copies of two pages of the CRTK regulations (Chapter 6.95 of · ............ th~e'C~. H&S COde) showing the reporting requirements and penalties for not reporting. I -' ::~ ~'~ :' ~: .... stressed that any release that is a threat to life or the environment is certainly a significant and :~ ......... ............... reportable release2-.This means anytime an employee is injured, or anytime anenvironmental : '_'~:~:::~_~: · ~company is cal!e~d_~.o.__c_!e~_.__up__can_tamina_~on~- t_h_a_t~ r_e!.e~as~e is _d~finite!y:repo~ab_l~:__.:_~.e .f'.aa.t)h~.t_ ACTI removed contaminated soil, makes the incident that occurred on Saturday or Tuesday, reportable. · '-'-" ....... I notified Jennifer that we would hold an office hearing on this matter and requested that she .............. discuss, with the p!.an__t._manager, an .available date within the week. That Nestle~bring a written ¥ ~-~'i..~._2'~ ." 'isummary of the events to the meeting; starting with_the Satu~_day release, and continuing thru'the ...... ~" soil removal on'Tuesday, October27,_ 1998. ~Jennifer will_get backto.me_witha time and that Nestle will be available. The office hearing will be held at 1715 Chester, Environmental Services conference room. REH/dm STATE OF CALIFORNIA CITY OF BAKERSFIELD CERTIFIED UNIFIED PROGRAM AGENCY In the Matter o{: .' ) ) ICE CREAM PARTNERS USA, LLC. ) A Delaware corporation doing business ) in California ) Respondent. Docket No.' 0001-04 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.Ice Cream_partners..UsA, LLC,.._a_ Delaware corporati_0~ doing business in California. ' .-~ " ............... 1.2.. Site._.Respondent generated,_ handled, treated., stored., .and/or disposed of' hazardous waste .at the .following site(s), including,-but not-limi_ted .t0;_~.7.3.01- .DiStd~ct ........ ....... Boulevard, Bakersfield~ California 93313. ~. .... · .......... . . ...... ....... 1.3 Generator. The Respondent generated the following hazardous wastes: phosphoric acid concentrate (brand_name: .Mandate), a '!corrosive" hazardous waste . pursuant to title 22 of the California Code of Regulations (CCR), section 66261.22. 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 (Health & Safety Code section 25100, et seq.), to wit: section 25189.5. Disposal1 treatment or storage at, or transportation to, ...... facilitieS Wi{h°[Jt-I~mits 0~: at' u~aathorized p'0-ints.--' on "~r a~)-Ut Ma~/~301~i2~)~00,..a S~-Jll~0f "Mandate" a concentrated liquid acid sanitizer occurred at the ICe Cream partners USA, LLC - Bakersfield Facility (Bakersfield Facility). An "undetermined amount" of. the material,. with a pH of 0.2, was discharged to the sanitary sewer in violation of the City of Bakersfield Publically Owned Treatment Works (POTW)industrial wastewater discharge permit requirements.. 2.2 Bakersfield Facility failed to immediately report the release or threatened release of a hazardous material to the CUPA, Or to the local emergency response agenCy (Bakersfield Fire Department) and to the Governor's Office of Emergency Services Warning Center, as required by section 25507'~f tl~'~alifornia Health. and Safety Code. ....... . SCHEDUE'E FORCOMPEiANCE 3. Based on the forgoing DETERMINATION OF VIOLATIONS, IT IS HEREBY ORDERED AND AGREED TO THAT: 3.1.. Respondent shall make arrangements to properly immediately n~otify the .. CUPA and/or the local emergency response agency and the Governor's Office of Emergency Services Warning center to report any significant release or threatened 2 release of a hazardous material. 3.2 Submittals. A copy of the immediate notification procedure as well as any engineering and administrative control documentation designed to prevent future hazardous ma{erial releases in general, or hazardous waste releases in violation of the POTW industrial discharge permit requirements, in particular, shall be forWarded within fifteen (15) days from the date of this Order to: Mr. Ralph Huey Director of Environmental-Services ............ 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 °r safety o~; the e~vironment, the GUpA may: a. Modify the document as deemed necessary and approve the document as modified, or . b .... Return the document to Respondent with recommended changes~and a date by which Respondent with recommended changes and a date by which Respondent must submit to the CUPA a revised document incorporating the recommended changes. 3 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 E'ndangerment durinq 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,-'testir~g,'m0nit0ring, 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 pur_suant 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 t° 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 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 t° perform any activity or submit any document within the time required under this Order, the Respondent may, prior to '-~ --expi'~.ati~n of the time, requeSt an extension oftime in'writing. The extension reqUest si~all '~ include a justification for the delay. 3.13 Extension Approvals. If the CUPA determines that good cause exists fo.r an .. extension, it will grant the request and specify in writing a new. compliance schedule.. '- 3.14 Penalties for Noncompliance. Failure to comply with the terms of this Order may also subject Respondent to costs, penalties, and/or punitive damages for any costs incurred by the CUPA Or other government agencies as a result of such failure, as provided by 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 agencYthat may have responsibility for and jurisdiction over the subject matter of this order. 3.16 Non-Admission of Liability Ashland Inc., neither admits nor denies the PENALTY 4. The CUPA assesses a penalty of $ 7,500. Payment of the total penalty of $ 7,500 is due within thirty (30) days from the effective date of the Order. Respondent's check shall be made payable to City of Bakersfield, Certified Unified Program Agency, and shall identify the Respondent and Docket Number, as shown in the heading of this case: Respondent shall deliver the penalty payment to: Mr. Walter H.' Porr, Jr. - Deputy City Attorney, City Attorney's Office ....... City of Bakersfield 1501 Truxtun Avenue .... Bakersfield, California 93301_ .~.' ............. ~_ A-photocopy of the check shall be sent to: .:-- - -.:. -:- _ -. ..... -. :. ....... - .:..:-:--_ .. _ ...... - Mr. Ralph Huey Director of Environmental Services City of Bakersfield ..... :--~-~ .......... :~.~. ". -~:.--_~.--,. .......... ~ ~* ....... _ ' - 1715 Chester Avenue: - ..... ' '-. --' '.- ' ?--.-' : :' ~. , Bakersfield, California 93301 .... o This Order is final and effective upon execution by the City and Respondent. 6 6. "Days" for purposes of this Order means calendar days. Date of Issuance: August_~, 2000. ~'~al Services City of Bakersfield Date Ice Cream Partners USA, LLC Date Typed or Printed Name of Respondent's Representative CC:. Agentfor Service CT Corporation SYstem 818 West Seventh Street Los Angeles', .CA 90017 Chief Executive Officer Ice Cream Partners USA, LLC 30003 Bainbridge Road Solon, OH 44139-2290 Mr. WalterH. Eorr,.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 R, espondent, Certification of Compliance form, and two copies of the form entitled Notice of Defense, DATED: .................................................. Signature Print Name and Title · S:~AUG 2000\EnfomementOrder(ICPUSA).wpd STATE OF CALIFORNIA CITY OF BAKERSFIELD CERTIFIED UNIFIED PROGRAM AGENCY In the Matter of,: ) ) ICE CREAM PARTNERS USA, LLC ) A Delaware corporation dOing business ) in California ) ) Respondent. ) .) Docket No.: 0001-04 STATEMENT TO RESPONDENT Enforcement Order ' TOTHEABOVE 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 fora 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 t° have' waived your right to a hearing in this matter.' If you. d° 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 deiiVe-r~ng-0r maiiihg--a 'Notice of Defense aS provided in Section 11506 of the Government Code to: Mr. Walter H. Porr, Jr. ........ Deputy City Attorney ...... ~:_-. .. ": .. . ' .... - ' .- City Afforney'sOffice ....... - , 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 Statement to Respondent Enforcement Order Ice Cream Partners USA Docket No.: 0001-04 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. ........................... !~.Y_~_..fi!~? N~tic_e ?f?ef_ re. nse ~ithin the ti ~e~e~r~itt~.d,?. h ea~r~!n~g_ _o r?_t_h_ e..a_!!eg at!~_.ns .................. 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 Postpo.nement.-~'~ 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,.cust0dy:or control of CUPA, y0um~ay~contact: ..................... Whethe, r or not YOu have a hearing, you may Confer informallywith CUPA to disci~ss 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 alleged facts, determinations, corrective actions and penalty. An informal conference Statement to Respondent Enforcement Order Ice Cream Partners USA Docket No.: 0001-04 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. ................................... _Y_.?_U~. ~y? b_ut · . these proceedings .... INFORMAL CONFERENCE If you wish to discuss this matter with CUPA, an Informal COnference has been scheduled for: Date: Thursday, August 31, 2000 Time: 10:30 am Location: Office of Environmental Services Third Floor Conference 'Ro°m 1715 Chester Avenue Bakersfield, California 93301 ...................................................... (661).326-3979 _ .-.'/~ ...' _-:.__You may inform the CUPA at the conference whether. YOU wish t hearing or waive your.right to a formal hearing, as explained below.... _. ' ...... .-:- ... FORMAL HEARING RIGHTS YOU MUST FILE A WRITTEN REQUEST FOR A HEARING WITHIN FIFTEEN (15) DAYS IF YOU WISH TO HAVE A FORMAL HEARING. SSAUG2000~Statefneflt'ToRespondent(ICPUSA).wpd 3 STATE Of CALIFORNIA CITY Of BAKERSFIELD CERTIFIED UNIFIED PROGRAM AGENCY . In the Matter of.: ICE CREAM PARTNERS USA, LLC A Delaware corporation doing business in California Respondent. Docket No. 0001-04 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 .Resp°ndent, Government Code sections 11507.5, 11507.6 and . 11507.7, and two copies of this Notice of Defense. I request a hearing to permit me to present my defense to the allegations contained in the EnforCement. Order: Dated: (Signature of Respondent) ..................................................... Please Type or Print the Namp.a~d, Mailing ............. · ..... · ·Address of Respondent (Street Address) (City) (State) (Zip) S:~AUG 2000\NotlceofDefense(ICPUSA),wpd (Telephone Number) STATE OF CALIFORNIA CITY OF BAKERSFIELD CERTIFIED UNIFIED PROGRAM AGENCY In the Matter of,: ) ) ICE CREAM PARTNERS USA, LLC ) A Delaware corporation doing business ) in California ) ) ) Respondent. Docket No. 0001-04 NOTICE OF DEFENSE Health and Safety Code Section 25187(d) I, the undemignod Respondent, acknowledge receipt of a copy of the Enfomement Order, Statement to Respondent, 'Government Code. sections 11507.5, 11507.6 and 11507.7, and two copieSof this Notice of Defense. I request a hearing to permit me to present mY defense to the a!lt~Jations contained · .,.~-..-;: ...,,...:~.- ..... ~. . . . .; .... ~ ,~ in the Enforcement Order. Dated: (Signature of Respondent) Please Type or Print the Name and Mailing .' Address of Respondent (Street Address) (City) (State) (Zip) 8:~UG 20(X)~lotlceofDefen~e(ICPUSA).wlxl (Telephone Number) GOVdRN~L~i~ COD; Section 1~$07.S. ~clusivit~ of discove~-~ provisions The provisions of Section 11507.6 provide the exclusive right to and method of discovery as to any proceeding governed by this chapter. Section Zl507,~. Red. test fo= discoveL7 other. party . . , ~--- , . is entitled to a hearina on the merits a __w~en request made to a~other party, prior to th? ~earin~ upon and -.' wx~nxn 30 days after servxce by the agency of the xnxtial' pleading o~ within 15 days after ~uch service of an additional .... i .... ~. p~eading, ls entitled to (1) obtain the names and addresses of ' wl~n~s~? Jo the exten9 known to the other party, including, but no= llml=ed to, t~ose intended to be called'to testify at the ~a[~ng, and (~).Inspect and make a copy of any of the following.~ .'~i/ ne possessLon or custody-or under 'the control of the 'other'~ (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"'CalIed"b~-'"':""":-': the party'and of other persons having personal knowledge Of'the acts, omissions or events which are the-basiS for the proceeding, not included in (a) or (b) above; (d) Ail writings, i~cluding, but not limited t~"-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;-' - ........... (I/93) (f) Investigative reports ~ade by or on behalf of the agency or o~her party pertaining to ~he subject matter of the proceeding, to the extent that such reports (1) contain the names and addresses of witnesses or of persons having personal knowledge of the acts, omissions or events which are the basis for the proceeding, or (2) reflect matters perceived by the investigator in the course of his or her investigation,.or (3) contain or =~nclude by attachment any statement or writing described in (a) to (e), inclusive, or sn~mary 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 sn~maries of such oral statements. copying of any ~iting or th~ng which is privileged from . .-- _ .... : .... -' disclosure by law or othe~ise made confidential or 'pro,acted as ~he attorney "s work produc~. (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, or. 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.~ has not been c°mpIied'"with'maY serve and fi1 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. ~.~ 6 (II,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 ]0 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 ~he court'after motion and ~otice 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 forth good cause for relief, the ..... ..~.~ ._ _~cou_rt shall issue_ an_ order _to show cause directed_to the_ ...... · .. _~ .... ..... . respondent party,-otherwise th~ .court shall-enter-an' ord'er---.--~ ....... : ........... denying the petition. The order to show cause shall be. served ~.. .:~_ upon the respondent and his attorney of record in the administrative proceeding by personal delivery or certified mail and shall be returnable no earlier than 10 days from its issuance ...... nor later than 30 days after the filing of the petition. The respondent party shall have the right to serve and file a'written..:~"'~' answer or other response to the petition and order to show cause. · (d) The court may in its discretion order the ~ 'admxnistrative p.roceeding stayed during the pendency of th& ' proceeding, and xf necessary for a .reasonable time thereafter to afford the parties time to comply with the court order. .............. . ....... the-prOvisions, th~reof,.~ (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..wit~. _ (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 argumen~ 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 se~ting forth the matters or parts thereof the petitioner is 'entil:led to discovsr under Section 11507.6. A copy of the order shall for~lwith be served by mail by the clerk upon the parties. Where the order grants the petition in whole or in parc, such order shall no= become effective un=il 10 days after =he dace =he order is se~ed by ~e clerk. ~ere the order denies relief =o ~he petitioning par=y, =he order shall be effective on.~e dace i= is se~ed by the clerk. (h) The order of the superior cou~ shall be final and no= subject ~o review by appeal. A party ag~ieved by such order, or any pa~ =hereof, may wi~in 15 days after ~he se~ice of the superior co~s order se~e and file in the district cou~ of appeal for ~e dis=tic= in which ~e superior co~= is located, a pe~i~ion for a ~it of mandamus to compel the superior co~ ~o se~ aside or o~e~ise modify its order. ~ere such review is sough~ 'from an order ~an~ing discove~, ~e order of ~e trial co~ .and ~e a~inis~a~ive proceeding .shall be stayed upon ~e filing.of: ~e. pe~t~O,'.fOr:' ~it of i~and~US,~_ however, ~e co~ of appeal may _.d~ss0!ve or modify ~e s~ay ~ereaf~er if it-'is 'in'~e p~lic interest to do so~- ~ere such -review is sought from a denial of.discovery, neither the'trial court's order nor the a&~inistrative 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 subs~antial justification, failed comply with Section 11507.6, or, without substantial ~, Justification, filed a petition to compel discovery, pursuant to this section, or,.wi~hout'substantial justification, failed to' . complywith any order of court made pursuant' to this section,' the court may award court costs and reasonable attorney fees to the opposing partyJ 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.: ICE CREAM PARTNERS USA, LLC A Delaware corporation doing business in California Respondent. ) Docket No. 0001-04 ) ) CERTIFICATION OF COMPLIANCE ) ) ) ) ) I, ., certify under penalty of law that: 1.. Respondent has corrected the violations specified in the above-entitled action. I have personally examined any documentation attached to this certification to establish that the violations have .been corrected., 3. Based On my examination of the attached documentation and inquiry of the individuals who prepared or obtained it, I believe that the informati°n is true, accurate and complete.. 4. I am authorized to file this certification on behalf of the Respondent. 5. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. Dated: Signed: Printed or Typed Name: Title: S:~AUG 2000\CertlflcatlonofCompllance(ICPUSA).wpd ....... ' ':" PROOF OF SERVICE ADMINISTRATIVE ENFORCEMENT ORDERS CITY OF BAKERSFIELD OFFICE OF ENVIRONMENTAL SERVICES 1715 Chester Av. St¢. 300 Bakersfield, CA 9330I (661) 326-3979 I served the ao ~'~ Enforcement Order Statement to Respondent 2 Blank Notice of Defense Forms Other (specify): ~/'V Cc~e ~' Docket No.: c. By serving: 2;. a. {2 I~ Respondent -' I~/- ' Other (Name and Title or relationship t° Respondent): By perSOnally delivering copies to (addre'ss).-., at (time):' on (date):. By mailing copies by first-class certified mail, Certified Mail ReCeipt No.': -2--/4 { 0 ~)(4~ C'l ] r'/ remm receipt requested, in a sealed envelope addressed to: 3. 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 d~clare underpenalB( of perjury that the forgoing is tree and correct and that this declaration is executed on (date) /-~/3 ~1. ]~) at (place) Bal~rsfield, California. ' S:~IqFORCMNT FO~of ~rvico £orm. wpd ~ff (Signature) :?¢2;: Secretary o f State's Office - LP/LLC Search Results http://204.147.113.12/corpdataYSho...List?QueryLpllcNumber= 199928010043 Bill Jones Disclaimer: The information displayed here is current as of "Aug 11, 2000" and is updated weekly. It is not a complete or certified record of the Limited Partnership or Limited Liability Company. LP/LLC ~ ICE CREAM PARTNERS USA, LLC Number: 199928010043~ Date Filed: 10/5/1999ilStatus: active Jurisdiction: DELAWARE Principal Address 30003 BAINBRIDGE RD SOLON, OH 44139-2290 Agent for Service of Process C T CORPORATION SYSTEM · Fees and instructions for requesting certification of limited partnership and/or limited liability company records are included on the LP/LLC Records Order Form. · Blank fields indicate the information is not contained in the computer file. · If the agent for service of process is a corporation, the address of the agent must be requested in writing. Fees and instructions for requesting this information are included on the Corporate Records Order Form. New California Business Search Need information about the display? If you have questions or comments regarding the content on this page, please feel free to use our Please report any technical problems to the ] ~eb~,~y~!~,~rj _webdeveloper~ss.ca.gov. ©1999 CA Secretary of State Business Programs 1 of 1 8/17/00 3:57 PM 410 286 ~J50 'US Postal Service ~ Receipt for Certifiei:lff~'lail · No Insurance Coverage Provided. Do not use for International Mail (See reverse} Post ~ce. State & ZIP C~e LOS ~EL~S CA 90017 Postage ~ $ .32 Ce~fied Fee ~. ~0 Spedal Delivew Fee Restda~ Delivew Fee Return Receipt Sho~ng to l. ~ 0 ~om & Date Delivered Ream R~pt Shying ~ ~ Date, & ~dr~ee's Add~ TOTAL Postage & Fees $ 2. ~ Pos~a~ or Date .' C[ Z 410 2&6 9174 US Postal Service '-" Receipt for Certified Mail No Insurance Coverage Provided. Do not ~ ~1~I PARTNERS en]~0~I-Nu~TRICT BLVD USA LL_C P~~-,~ c~[ 93313 - Postage $ -- -- .32 Certified Fee -- -- ~.10 Spedal Delivery Fee -- Restricted Delivery Fee -- Return Receipt Showing to -- _Whom & Date Delivered l. ]. 0 Return Receipt Showing to Whon -- ~Date, & Addressee's Address TOTAL Postage & Fees $ 2.5 2~ ~OStmark or Date / Z 410-28'6 932 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail (See reverse) Sent to caxE O FXC S~m~INBRIDGE RD P~ S~ S~ f~ 2290 Potage $ .32 Ce~ified Fee ~. lO S~dal Delive~ Fee Rest~ Delive~ Fee Retum Receipt Showing to 1.10 ~om & Date Delivered Ream R~eipt ~ to ~m Date, & ~dr~'s ~dr~s TOTAL Postage & Fees $ 2.5 2 ~- Postma~ or Date .~ · ComplEte items 1, 2, . Also'complete item 4 if'Restricted ' is desired. ~., · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the backgf_the mailpiece, or on the front if space permits. 1. A~icle Add~ssed to: AGENT FOR SERVICE CT CORPORATION 818WEST SEVENTH STREET LOS ANGELES CA 90017 P,E:~'~ 7301 DISTRICT BLVD · A. Re~ved by.(Please B;~Dcate of Delivery C. Sig.~ A//~ ~':-' ' [] Agent D. Is delivery address different from item ~ ?. [] Yes If YES. enter delivery address below: [] No 3. Service Type ]~.Certified Mail [] Express Mail [] Registered [] Return Receipt for Merchandise [] Insu~:ed Ma!l [] C.O.D. 4. Restricted Delivery? (Extra ~=ee) [] Yes 2. Article N,u.rn~er ~,C,,op, y fr,,om~.c, ervice ~abel) .' Domestic Return Receipt PS Form 3811, July 1999 102595-99-,M-1789 + UNITED STATES POSTAL S~:IA~,C~. !" II,~s Mail · i · ,~_(~.~,-~'~' C~- ! I I ~~ P~tage & Fees P~id ] ~ ' ' ~ USPS 'Sender:~ Please :n~'; ~':'~'~" - ' ___~~, address, and ZIP+4 n this box' ' BAKERSFIE~ FIRE DEPAR~ENT OFFICE OF ENVIRONME~AL SERVICES 1715 Chester Avenue, Suite 300 5akersfield, CA 93301 ll,i,,,,ll;,,tl,tt,,;,,,,l,h,tl IIh,,,,,thl,h,,hh,,lllh,,,,,ll,hh,i,hl · Complete items 1, 2~ 3. Also complete item 4 if Restricted 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 mailpie~e., or on the front if spa~:e permits. 1. Article Addressed to: ICE CREAM PARTNERS, USA LLC 7301 DISTRICT BLVD BAKERSFIELD CA 93313 Addressee D. Is delivery address different from item 17 [] Yes If YES, enter delivery address below: [] No 3. Service Type ]~ Certified Mail [] Express Mail [] Registered []. Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes PS Form 3811, July 1999 Domestic Return Receipt 102595-99-M-1789 .;' I ~1 Permit No. G-10 -- ? '1 · Sender: Please pn u~r ~,r~eya and'ZIP+4 in this box ~ ~. BAKERSFIELD FIRE DEPARTMENT OFFICE OF ENVIRONMENTAL SERVICES 1715 Chester Avenue, Suite 300 Bakersfield, CA 93301 · Complete items 1,; item 4 if Restricted 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: CI]IEF EXECDTIVE OFFICER ICE CREAM pARTI~fERS USA LLC '30003 BAINBRIDGE RD SOLON OH 44139 2290 RE: 7301 DISTRICT BLVl) .-.* ~1~ Agent delivery address d~fferent from ~tem 1 ? I--I Yes YES, enter delivery addrS~s below: [] No 2. Article Number (Copy from service label) Z4IO 286 932 ~ Oome~ .-' ' · i:. .': , . , 3- S~_er~ice Type ...i/"  Certified Mail [] Express Mail Registered [] Return'Receipt' for Merchandise [] InSured Mail [] G.O.D~ ' ? ' 4. Restricted Delivery? (Extra ;eei' ~ [] Yes 102595-9'9-M. 1789 BAKERSFIELD FIRE DEPARTMENT OFFICE OF ENVIRONMENTAL SERVICES 1715 Chester Avenue, Suite 300 BakerSfield, CA 93301 II'h,,,lh,,Ihlh,,,,,Ihh,I! 'lll,,,,,ilhhl,,,hh,~lllh,,,,,lhi,l,,hhl BAKERSFIELD FIRE DEPARTMENT ENVIRONMENTAL SERVICES 1715 Chester Ave. · Bakersfield, CA 93301 Business Phone (661) 326-3979 · FAX (661)326~0576 FAX Transmittal COMPANy: ......................... FROM: ~J~O {.,~,,,.r~:~ AUG-08-O0 TUE 15:19 .For The Record Discharger: Location: Contac~Fitle: Inspected By: ~spec~on Date: 011 OF BKFLD WW DIV Date NO, 613~0912. P. 02 ~H O~- 2'.Z O~ns. ,~' ~r_,~ 5/~-~cl3j ~.at. ta~t,o~, e,,~e zc~_~, dTM ~:~? ~ La/'a K. gimrrl Industrial Waste Inspector ~UG-08-O0 TUE 15:19 OITY OF BKF[D WW DIV ste"w'aie'r ~1~ -053100Wa ...... doc FAX NO, 6~50912 7301 Oistric! Boulevard Bakersfield CA 93313 Tel (66'I) 398-3500 Fax (66'l) ,398-a86Q May 31,2000 LAURA KIMM City Wastewater 8101 Ashe Road Bakersfield, CA 93313 Re: 5/30/00 - 5/31/00~ Dear Ms. Kimm: This letter is being author~ Tuesday, May 30, 2000,. th the best of our knowledge monitoring chart showed a While at the 2.2 pH level, minutes until the water vo water level rose it continu level. At this point, one of our advised to manually contn Within approximately ten level back into a normal ra~ E CREAM PARTNERS 'USA 'astewater Incident in order to explain the wastewater incident the facility experienced ,ugh Wednesday, May 31, 2000. The £ollowhlg is an explanation, to )f what transpired. At approximatcly 10:10 PM the wastewater pH- ~H spike below a 6 and then ten minutes later dropped to a pH of 2.2. ~ere was no significant flow to the vault system for approximately 40 mae began to rise and then to overflow the vault system. Once the :1 to over flow for approximately 3 hours, while still at the 2.2 pH ]tilitics/Facilities Technicians responded to the problem and was the caustic valve in order to try and bring the pH back into range. finutes the Utilities/Facilities Technician was able to bring the pH ¢. P, 03 .. P. ao? I P, U6-08-O0 TUE ! 5: 20 O laJG-;03-~ 1,4:13 1=3L~rh ICE CREAM 7301 Dlstrtct Boulevar Bakersfield CA 9331~ FAX COVER SHEI Date: August To: Lara Klrr Company:. City of B From: Jennie F Number of pagea In=k Me,sage: OF BKFLD ~ DIV 'FAX NO, LRTNERS USA 6,~..(._3509!,2 P. 04 r 2000 ~l~fleld POTW Fax:. (661) 835-0912 eel Phone: ($$1) 398-4859 Fax: (661) 398-4860 ng a3ver sheet: 7 -z ~t..4. ~ <'2_. Foe I.~' /+¢..~ ,, "7'Cp ACcv~-~-c¥ f/.~O~T~ pax:- AUG-08-O0 TUE 1~:20 ~-~-~:~iB~B 14:1~ ~ROM:ICP VIA FACSIMILE August3,2000 LAURA City Wast~atcr g] 0 ! A~he Bakersfield, CA 9_33 Kc: 5/30/00 - 5131/0( De~r Ms. Kimm: On Tuesday, May experienced a mulfitt City of Bakersfield incident report was happen~l. This lett information which taken since this incid During the evening concentrated liquid a. CIP Room 3 & 4. I' splashed out~id¢ the readings at the on-s ~Tansfer f~m a bulk for off lo.ding a t~ connection on the ou to off :oad th~ chirr completed, an a~r bI~ hose is ~en dis¢onl happenr~ was the ak to go through the lin the bottom of thc b' splash up and ou~ of CITY OF BKFLD WW DIV FAX NO, pA R.I I,I I ~ f, 0 ~ ~ , I t.(.' 66.1,.8350912 ?, 05 Vastewat~' Incident ), 2000, the Icc Cream Pa~ncrs USA - Bakersfield facility e of problems ¢oneen~ing'the wastewater maeatm discharged to thc blicly Owned Treatment Works (POTW) facility. Previously, an rwavded to you explaining what was known at the time to have ' is to further explain the incident and advise you of additional s subsequently made available to us and the corrective actions It, of May 30, 2000, approximately 250 gallons of Mandate, a sanltlzer, was spilled inside the secondary contain_meat locat~ in · ldition to this amo~t there was an un&retrained amounI also :ontainmcnt and entered the drair~ ~jg~em, cat~ing the low pH · . wastewater treatment pla~t, The Mandate was spilled during :liver~ tr~¢k to thc inside storage tank. The ~t~blished procedur~ eer truck durhlg a d~livery is to 'have th~ driver mak~ id~ oftl~ building next to the raw corridor, Then the driver b~gina ~al, which ~s stored in a pressurized tank. Once the unloading is ~t i0 done an thc line to cleat the ii~e ot any excess product. The ;creel and the driver Js finished. On this day, what we believe flow was left on too long earning a larger volum~ of pressurized air , Then when the ~ir reached the exit end of the piping, which is at fk tank of Mandate, il eattsed a lar$~ mnount of the chemical to le tank. RUG-08-O0 TUE 1~:20 OITY ~L~-~-~ 14:1~ FROM:ICP On the sa.me day which wc believe calibrated. Enclosed is responsible for :ge.rvic~, Inc., explain: fael, when thc service polishing pH probe w again on the low end. in part due to faul~ Another corttributing security office and K UtiRties/Facilitics Del also confirmed th~ ah the message to the Ut relayed we were unal Technician who did e his normal rounds at working on trying to, to a neutral level hem Due to the communic made modifications which the Utilitiea/F Prior to the incident, sound at both the on-. still sound at thc. se alarms into a progran recording for each by all Utiliti~s/Fecilil voice message on thc tbek control panels. Technicians until th Utilities/Facilities Te~ waiting for notificatic the communication pr Another item discov .involved, Mandate. usage concentration t~ concentrated form an, has provided a concentrated product. copy of this letter ha'. previously given to y~ OF BKFLD WW DIV FAX 661 398 48~ NO, 6618350912 lcility also experienced a power ~pike at approxim, atcly 8:48 PM, .ld have caused the two pH probes to no longer be correctly a copy of a letter received from PFT/Alexander Service, Inc,, who [brating om' probes quarterly. ]he letter bom PFT/Alcxander that a pmbc can come out of calibration during a power ,~ik~. In ~'epr~sentative came out to servicc thc probes on .lun~ 7, 2000, ~c ~ off by 0.3, on the low end, and the final pH probe was off by 0.6, Fhcrcfore, it is our ~licf that a po~on of thc low pit readings was ,bcs from thc power spike. tctor was that the low pH warning, which alarm~ at our on-site tn Security. 's office, was not relayed by the on-site guard to the u-tment. The alarm did sotmd at both loc. afions a.nd Kern Security ~. with the on-site gtkatd, However, the on-slic guard did not relay itiestFacilitics Technician on duty. Due to the message not being : to respond tn the problem immediately. Thc Utilities/Facilities .'ntually r~spond was only notified of the situation by performing ~proxirnately I 1:30 PM. When he arrived ho immediately began ~rr~ct the low pH problem. The pH was eventually adjusted hack m 12:30 AM to 1:00 AM. ion problems we experienced on this evening we have since then ~he wastewater alarming system in order to improve thc manner in :ilirigs Dcpartm~t is notified regarding all wastewat~r issues, vhcn there was an issue at the wastowater area an alarm would :e security office and K~'n Secu~lt'y's office. Now, the alarm will .ralocatioas and in addition we have placed the various types of able logic control system (PLC). This PLC system has a voice of alarm, whwh is then tied in. to ~ communication radios used %chnietans. As a result, the Tcchnicians will now ~eceive a dios ia addition to the security .offices rez:¢iving an alarm on ~s message is s~t on a rep~a~er wb~h will continua to notify the alarm is r~spondcd to. This imptovemcut will allow the nieians to imme~ately.r~spond to all w~stewater alaxms without bom the on-site security guards, This system should ensure that ~lcm that occurred on May 30~ we do not experience a.gai~, :ed during our invcstigatiota was in roger, ds to the chemical e Material Safety Data Sheet (MSDS) reported thc pH for a 1% be a 2.2. However the chemical we am actually receiving Lq in a the pH is ]ewer than this number. EcoLab, our ourrmt supplier, stating both the neutralization .ratios and pH level for the ]lie actual pH of thc Mandate released was measured at --0.2. A been cnclosed for your review. Therefore, thc reported pH level z office for this chemical is incorrect. P, 06 ~UG-0B-00 TUE 15:21 CITY OF PLIG'-I~-L:~I~ ~4:14 k-ROM:~C~ BKFLD WW DIV FAX NO, 6618350912 ~:~1 ~ 4~c~ ~1~ P, 07 The above informatic which took plato Ma: to take all precautiom should have any qu¢ contact me at (661) 3~. r JENN1FEK L. FRIEE Enviro~nea~l H~ltt Enclosures John Blae~lll Chuck Dries John Gilmore Waiter Keer~ is being provided to you in order to further explain th~ incident 30, 2000. You mW mst assured thru we have, and will continue, ia order to prevent a similar situation from occurring again. If you tions or concerns regarding this information do no[ hesitate to t-4g59, ~. Safety Coordinator ~ITY O?: ..... : "- ' 09/28/00 14:01 8661 326 0576 BFD HAZ MAT DIV ~001 TRANSMISSION OK TX/RX NO. CONNECTION TEL CONNECTION ID START TIME USAGE TIME PAGES RESULT *************************** *** ACTIVITY REPORT *** *************************** 7449 15073547253 09/28 13:58 03'12 7 OK BAKERSFIELD FIRE DEPARTMENT ENVIRONMENTAL SERVICES 1715 Chester Ave. · Bakersfield, CA 93301 Business Phone {661) 326,3979 · FAX (661) 326-0576 FAX Transmittal -COMPANy: -/ct~ ...... : FROM: ~',',~0 release of a hazardous material. 3.2 Submittals. A summary of the revised notification procedures as well as any revised engineering and/or administrative controls designed to prevent or else alarm upon any hazardous material release in remote chemical storage areas, and to prevent hazardous waste releases or other such violations of the POTW industrial discharge permit requirements, shall be forwarded within fifteen (15) days from the date of this Order to: Mr. Ralph Huey Director of Environmental 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 to the CUPA a revised document incorporating the recommended changes. 3 09/07/00 14:24 8661 326 0576 BFD HAZ MAT DIV ~001 *** ACTIVITY REPORT *** TRANSMISSION OK TX/RX NO. CONNECTION TEL CONNECTION ID START TIME USAGE TIME PAGES RESULT 7159 09/07 14:23 01'19 3 OK 3984860 BAKERSFIELD PUBLIC WORKS DEPARTMENT 1501 TRuxTUN AVENUE BAKERSFIELD, CALIFORNIA 93301 (661) 326-3724 RAUL M. ROJA~, DIRECTOR - CTrY ENGINEER August 9, 2000 Mr. Chuck Dries Ice Cream Partners USA 7301 District Boulevard Bakersfield, CA 93313 Re:--- Notice of May 30.- 31, 2000 'pH-Violations; ........ CompHance Status For Permit No. 3-BK-0008, 2nd Quarter 2000 Dear Mr. Dries: As you are aware, your facility discharged in violation of your wastewater discharge permit between May 30 - 3 l, 2000. Specifically, your discharge consisted ora pH between 0.8 - 5.9 units for a period of 1.5 hours. Discharge ora pH less than 6.0 units is a local violation and discharge ofa pH less than 5.0 units is a federal viOlation. In addition, a pH of ~2.0 is hazardous waste by definition. This letter shall serve as a notice of violation for your facility. In addition, the City of Bakersfield is required to submit a quarterly report to the California Regional Water Quality Control Board regarding the compliance status of industrial users. This is to inform you that your facility was reported as being in "inconsistent compliance." Compliance status is determined at the end of each quarter based upon data from the previous six ~months. Inconsistent compliance occurs when more than One minor or one major violation takes place. Your facility failed to comply with the local pH limit for 2% of the monitoring days evaluated. If you have any queStions, please contact Lara Kimm at (661) 326-3249. Very truly yours, RAUL M. ROJAS Public Works DirectOr By Wen-Shi Cheung'' '~ Wastewater Supervisor II cc: Jennifer Friebel, Ice Cream Partners USA Ralph Huey, City of Bakersfield, Environmental Services . S :'.C7, Fonns\iCstatusltr RUG-08-00 TUE 16:19 For The, Record Discharger: TC_C Location: -7 Contact/Title: Inspected By: Inspection Date: Date OITY OF BKFLD WW DIV FAX NO, 6618350912 P, 02 a IC Kimm · Industrial Waste Inspector CITY OF BKFLD NN DIV FA× NO, 7301 Oi$lricl Boulev,~rd Bakersfiefd CA 93313 Tel (66't) 398-3500 Fax (661) 398-¢8(i0 May 31, 2000 LAURA KIMM City Wastewater 8101 Ashe Road Bakersfield, CA 93313 Re: 5130/00 - 5131./00~ Dear Ms. Kimm: This letter is being authort Tuesday, May 30, 2000, fit thc best of our knowledge monitoring chart showed a While at the 2.2 pH level, minutes until the water va water level rose it continu level. At this point, one of our advised to manually contr~ Within approximately ten level back into a normal 6618350912 P, 03 CREAM PARTNERS USA Zastewater Incident in order to explain the wastewater incident the facility experienced ,ugh Wednesday, May 31, 2000. The following is an explanation, to of what transpired. At approximately 10:10 PM the wastewater pH- >H spike below a 6 and then ten minutes later dropped to a pH of 2.2. tere was no significant flow to the vault system for approximately 40 ame began to rise and then to overflow the vault system. Once the d to over flow for approximately 3 hours, while still at the 2.2 pH Utilities/Facilities Technicians responded to the problem and was the caustic valve in order to try and bring the pH back into range. ainutes the Utilities/Facilities Technician was able to bring the pH ~U6-08-00 TUE 1~:20 OIT¥ ~-'03'L~ 3,4:13 F!~: Zr..P HR ( ICE CREAM 7301 District Boulevar Bakersfield CA 9331~ FAX COVER SHEI Date: August To: Lara Kin Company: City of B From: Jennie F Number of pages Inclt Message: OF BKFLD WWDIV ~RTNER$ USA NO, 6618360912 P, 04 TO :~B~I 8 P. ~1 T 2OO0 <emfleld POTW Fax: (661) 835-0SlZ ~bel Phone: (661) 398-4859 Fex: (661) 398-4860 lng cover sheet: 7 dUG-08-00 TUE 15:20 RU~-0~-~000 14: 1~ K~M: ICP HR VIA FACSIMILE August 3, 2000 I,AURA KIMM City Wastewatcr 8101 Ashe Road Bakersfield, CA 933 Re: 5130/00 - 513 I/0( Dem' Ms. Kimm: On Tuesday, May experienced a multi~, City of Bakersfield incident report was happened. This information which rs.ken since this ineid During the evening concentrated liquid a, CIP Room 3 & 4. I' splashed outside the readings at the on-s transfer f-mm a bulk for off loading a t~ connection on the ou 'to off Icad the chert' completed, an air bl,t hose is then diseon! happened was the ail: to go through the lin the bottom of the b' sl~lash up and out of CITY ,OF BKFLD WN DIV 398 48~0 FfiX NO, D ~35.0912 6618350912 r0' P, 05 P. Pastewater Incident ,% 2000, the Ice Cream Partners USA - Bakersfield facility .e of problems concerning the wa, tewater stream discharged to the blt¢ly Owned Treatment Works (POTW) facility. Previously, an rwarded to you explaining what was known at the time to have 'is to fart'her cxplai.n the incident and advise you of additional .,, subsequently made available to us and the corrective actions It, ~f May 30, 2000, approximately 250 gallons of Mandate, a sanitizer, was spilled inside the secondary containment located in tddJtion to thi~ amotmt thcrr was an undetenni.ned amount also :ontainmcnt and ont-.red the drain ay~tem, catming the low pl-I wastewater treatment pi.ant. Thc Mandate was spilled during :livery truck to the inside storage tank. The established procedure per truck during a delivery is to have the driver mnk, a [de ofthe building next to the raw corridor, Then the driver begins ~'al, which is stored in a pressurized tank. Once the unloading is g i,q done on the line to dear the line of any excess product. ;crud and the driver is finis.heal. On this day,, what we believe flow was left on too long raining a larger volume of pressurized air . Then when the air reached the exit end of th~ piping, which is at Ik tank of Mandate, it eatmed a larg~ amount of the chemical to te tank. hUO-08-O0 TUE 15:20 CITY ~U~-0~-~000 I4:~ FROM:ICP HR On the same day thc which wc bcli=vc cz calibratcd. Enclosed' is respo~sibl~ for c~ Service, Inc., explain.~ fact, when thc service' polishing pH probe w again oo '3~e Iow end. in part due to taulty p: A,t~other contributing security office and I4; Utilities/FaciliQcs al~o confirmed thc al~ the message to the U~ relayed we were unal Technician who did e his normal rounds at working on trying to, to a neutral level bet~ Due to the communie made modifications t~: which the UtUities/F' Prior to the incident, sotmd at both the on-,~ OF BKFLD WW DIV FA× NO, 6~51 398 486~ 6618350912 T0:~0918' acility also experienced a power ~pike at approximately 8:48 PM, fid have caused the two pH probes to no longer be correctly a copy ora letter received from PFT/Alexander Service, Inc,, who ibrattng otu' probes quarterly. '.£1ae letter from PFT/Ale, xander that a probe can come out of calibration during a power spike. In 'epresentative came out to servicc thc probes o~ June 7, 2000, ~¢ I off by 0.3, on the low end, and the final pH probe was off by 0.6, ~herefore, it is our belief tMt a portion of thc low pI-I matings wa~ ~es from the power spike. :tor was that the low pH warning, which alarmed at our on-site tn Security's office, was not relayed by the on-site guard to the a'anent. The nlaml -did sound at both locations and Kern Security :n. with the on-site guard, However, the on-site guard did not relay ities/Facilitics Tcclmician on duty. Due to the message not being : to respond to the problem i.,n~ cdiately. The Utilities/Facilities .-ntually respond was only not. tried of the situation by perfot-ming ~proximately I1:30 PM. When he arrived he immediately began ~rrect the tow pH problem. The pH was ewntually adjusted back ~n 12:30 AM to 1:00 AM. :ion problems w~ experienced on this evening we have since then ~e wastewater alarming systexn in o~er to improve thc manner in filities Department is notified regarding all w.astewater issues, ~,hcn there was an. issue at the wastewater area an alarm would :e security office and Kern Security's office. Now, the alarm will still sou. nd at these Vi '?location. s and in addition we have p. lacecl the various types.of t.betr control panels. ' b_is message J.s set on a repeater which will eontinu~ to notify the Technicians until th. alarm is responded to. This improvemetat will-allow the Utilities/Facilities waiting for notificatic the communication pr Another item disco~, involved, Mandate. 2' usago concentration t~ concentrated form an, has provided a lett~ concentrated product. copy of this letter ha: previously given to y~ .nicians to immediately respond to all wastewater alarms without from thc on-site security guards, This system should ensure that blcm that occurred on May 30th we do not experience again, red during our investigation was in regards ~o the ~hernical e Material, Safcty Data Sheet (MSDS) reported thc pH for a 1% be a 2.2. However the chemical we are actually receiving is in a the pg is lower than this number. EcoLab, our current supplier, stating both the neutralization .ratios and pH level for the The actual pH of thc Mandate released was measured at -0.2. A been cn¢losed for your review. Therefore, the reported pH level a' office for this chemical is incorrect, P, 06 P. ~.AUG-O&O0 TUE flU~-~-B000 ~4:14 ~'ROM: ICP ~ 15:21 CITY OF BKFLD WW DIV FAX NO, 88183B0912 661 398 4~0 TO: ~S0~18. · being provided to you in order to further 30, 2000 You m,y ~st a~s~d ~at we ~ve, ~.d ~11 continue, Ln o~er to pr~t a si~l~ si,~fio~ ~om o;cu~ing ~n. If you ticks or concerns reg~ing ~is info~ation do no~ hesi.~te to L4559. Thru above informatk which took plat, Ma: to :ake ali precaution.,. should have any qtu: coniact mc at (661) 3~. r JENNIFgR L, FRIEIa li~nvironmcrira[ Healtl Eaclosures John Blackstll Chuck Dr/es John Gilmore Walter Kccnn! L t Safety Coordinator P, 07 P.OO4/OOT OITY OF BKFLD NN DIV 8195-398"'4 1 product Mama: MANDATE 2 ProduCt Type: ,Ac~d sani~ ".+ iAKA '313 TOXXC 1 ~ Phosphoric ac~d 7664 2 This product contains nc ~ ~ ~nkno~n mt tbim ~L - 15 M~nu~e AveFage .1 Appearance: Cle~= 2 solubility ~n Water= D' :5 Speci[~c Gra~t~, .1 Special F~re ~a~ards: Flash ?oin~ 9reater .2 Fire Fxghtin9 MethodS: FAX NO, 6618350912 EcolablnC- ;AFET~ DATA ~HEST* ?age 1 o~ 2 2% ~Ot,"R $~avlcE: 1-800-$26-00~6 ~ Product information: 1-612-.451-4255 June 2, 1993 ,', Da~e O[ Issue: . ......... ~ ...... I m ' ( mC~/m 3 ) . ' 22.-%- -1-- 38 2 STEL = 3 o~her components COnSidered hazardous o[ 2g CF~ 1910.1200~ ~A - OS~A 8 Hou= Average C .,ce{l{ng Lim~l Do Not liquid, ~a~ty acid odor rodUC~ C~tains a ama11 amou. t 0E alcohol- Produc~ ~ce~ no~ sup~rt -- ...=.~ c0nditlo~s.o~ handling-. ..... ,.. a On.y ..... . .t. i h chlorinated us~ ~esidue to san%tarx sere=. on inert a~sorbent. amounts to sanitary se'er where possible, or mop up and rinse area thorouqhly with wa~er, product as a waste is ¢orFosive (D002) bZ .2 Waste DSsposal: Unus!; RCRA criteria. Conl~ irate and local a~thorities loc res~r[ctlOns on'~iSP~ ,~Ot Chemical vaste, P, 11 AUG-08-O0 TUE 15:23 CITY OF BKFLD WW DIV FAX NO, 6618350912 ':~ ~ ....... . .......... *.~ E=olab Center SI, P~ul, Mlnnesala ~102 Product= MANDAT~ KLENZAD~, D~v. o[ E¢olab MEDICAb EMERGENCY ONLY, ] ? O HEA~TH HAZARD DATA ,/ Pa~e 2 936773 o o-, 2 8- o. o..%%.......... DANGER 1.1 ~f~ec%s o[ OverexpOSUre ~ Concentrate: Skin and gyes~ Cor~osiw causes e~e and sk~? damage. - It 5va~0ve~-~ HARMFUL O~ ~ATAL. Causes chemical burns o~ mouth, ~ stomach, t caUSe ir~tat~on, /ncluaing a burnLng If Iahale~= Vapocs o~.m::~snd diZ'[icultx breathin~. People w~th ~aste, sneezing, asthma o~ other 1un9 prol e~6~es; continue ~%u~hin at least 15 m~nutes, =O~d ~ aparC ~ ensure r~ns~ng ~ entire eye. CA~L k I~DIATSL~, 8.2 Skin= I~e~za~el~' [lul~ akin wt=h plen~ of cool running water ~east 15 minutes whtl ..=emoving.contamina~ed clothing an~ shoes. Wash clothin~ before em&: ~..~ ~,,,. then ~rink I or 2 ~~milk. ~ NCDe~sofl' mouth ~o an uncons~ious 8.% I~ Inherent i~ed~mtel~ move to ~esh ' Res~i~at~ AvOi~ bre ~: Use cAem~ca~ ~suze wear 9.2 Use Solution: Avot~ ~ftat~on. wea~ 10 0 ~DITZONAL ~T~T~Y CAD~ A PHYSZCXAR OR )ICAL EMBRGSNC~ NUMBRR (1-800-328-0026) cotsctive cu[~ or gauntlet type pre~erred. Ish goggles. For continued or severe eld over the goggles. , Im smd e~e ¢on~ac~. Ma~,cause s~in an~ eye ~loves and e2e prOtOctxo~. KEB~ OUT OF REACH OP CHI~R~N The above info~mation is b~ lieved to be correct with respect to the the p~oduct. As ~a~a~ standards and formula used co manu[actur~.~ttons o~ use and handling are be¥on~ our regulations change, an~ =o:~ control, NO WARRANT~, ~P~I~S$ OR ~MPLIED, IS MADB AS TO THB COMPLETENESS OR CONTXN~XN~ &CCURAC~ OF THIS ~NFORNATION. P, 12 flUG-08-O0 TUE 15:21 OITY gUG-03-~ 14:14 FROM:ICP ~ ;mm; I:M~d L ~mG~ TD: dl~ R~ PF' July 25, 2000. To: Ic~ ( 730] Aun: /ack, Re: pHI~ OF BKFLD WW DIV FfiX NO, 6618350912 661 38 4860 T0:~350912 Dat.: 7r2lk~O ~me: 17:13:3~ · /Alexander Service, Inc. 3250 Grant St, 31¢jnaI Hill, Calif. ~0804 (800) 696-1331 Fax (562) 42~3633 ;~n Pa'mc-rs USA )t.'~'ict Blvd. ~fiold, CA 93313 ,.asuremcnt Pmblcms your quo~on r~ga~li~)g pow~ sp~kcs aud ~ddcn ~ ou~s ,~ of~r pH m~u~t oqux~ong h~ is w~t I have s~n . ~;~1 ~h~c ~e ~i~ ~v~ by ~ ~c inset is in its c~le al ~ Ume otme sp~. ~o~ o~pm, ~l~ ins~m~i ~ ~mn low~ ~ ~ ~m~ in~men~ thai have ~en sp~a, ~e u~ ~b~s if~c spi~ ~s sc~ ~ofthe ~bc if ~an~ly ~a~. ~ll ~ppeu if the ins~ N~essor is Id~ ~w~ ou~c, ~ po~ nc~ ~allv ju~ '~ 2'~ m~ cycles. ~s pl~ys havoc w~ ibis ~ of o~ ~m~dy is ~e in~la~on of a UPS ~ ~ a Liue Coudi~r, {s hag p~s ~ ~ul~ slopes, ~csu ~o~s w~ ~kly n~ ~d I. u~d ~ a ~ ~oblem. David L. S~cy P, 08 P~gm 2 at 2 RUG-08-O0 TUE 15: 22 AU~-O3-L:q2~ i4:15 FROM: ICP HR Ecolab Research & De B~O $ibley Memorial St- Paul, Minnesota Phone: 651-306-4281 Fax: 651-306-4241 OITY OF BKFLDWB DIV TO: D.A. R FROM: C.S. $ Tech S A.P. L cc: SUBJECT: NEUTRA ACCOUNT: Ice Cz REQUEST: Following disch' determine ~he v necessary to concentrate. R $ULTS: To determin~ an of Mandate LT e while measurin~ deliver. Measu a potentially d the endpoint wi was titrated to 661 398 4868 The results are. Brown) require~ concentrated pr dilutions a Brown, that apt dilutions are elopmen% Center ighway 51]8' NO, 6618350912 P, 09 TO: ~J50911E P. 886-ZBT & BEVEP~E T~C~NX,,,,CAL SERVXCE R~PORT Reference No.: 14626 Date: July ~1, 2000 .schlein Lenexa, KS ERC trice ERC sby visalia, CA is Sacramento, CA IZING MANDATE LT am Partners Tulare,CA rge of some Mandate LT a request was made to lume of Quorum Brown concentrate that would be eutralize an equal volume of Mandate LT. ,peration~l va%ue for this reques~ 1% v/v samples ~d Quorum Brown were prepared. Direct titration 1% Mandate LT solution, with 1% Quorum ~rown solution pH determined the correct volume ~o lng dilute solutions is safer, due to preventing ngerous exotherm, as well as more accurate since 1. no% be So readily overshot. The test solution ~H 5 and 7 endpoint~. ~tated in milliliters of alkaline titrant (Quorum for the 1% solutions, then recalculated for uct$. since both test samples are equal volume in is determined, between Mandate LT add Quorum .les at all conceDtration~ provided both product ual. flUG-08-OO TUE 1B:22 CITY OF BKFLD WW DIV FAX NOi ~U~OJ-~l~O 14:15 FROM: ICP HR 661 ~ 4860 6618350912 T0.!~09~8 P, I0 To p To p The 100% pH of Ms, -0.2. gssentiall~ readily measurabl, considered a mine.l Christopher $. Senior Chemist C$S 1% Mandate LT, titzated with 1% Qu==m~B=o=m To pH 5 = 14.6 mL To pg 7 = 23.G mL 5 = 1,105 Liters or 0.29 Gallons 7 - 1.783 Li~rs or 0.47 Gallons ~ate LT (concentrated product) was measured at the product concentrate is too strong to yield and meaningful pM data. Mandate LT should be ~1 acid composition, WASTE WATER C~TY 0¢ · ' R S F [ E L~ Environmental Services Haz Mat Emcrg Spill'Re0 Complaint Haz Mat Incident / Spill Report / Complaint Follow Up Reporting Party~ "~r~} Address ,~n_~ ~ · Telephone No. Location of the incident Time g .<"/if" Environmental Services Contact Description of the incident ( Chemical name and Quantity Responding to Incident (~ N "/~/~ ~ Observations ~Og¢_ ~ T '~ ~ , Special Conditions and / or health risks Haz Mat Team Dispatched OES Number Required Van Cellular No. 332-7865 Number Poss Exposure Victims Medical Attention Required or Obtained Probable Hazardous Waste Clean Up ~ N Discussion and Disposition Referral ? On Tuesday, October 27, 1998, I met with Sean Gillespie, Jennifer Friebel of Nestle, and Ron Mikuls of ACTI at the Nestle Plant. Upon request, I was shown the site where ACTI had tested soil the night before, and found that a 55 gallon drum of soil had been removed. Per Ron Mikuls, this soil tested ph 10. The area of the soil removal indicated that the higher ph could have resulted from small releases during the bulk tank filling operation. However, upon questioning, I was told that they did have a release of caustic soda solution (Na OH) on the previous Saturday from a trench adjacent to the area in question (see attached sketch, Fig A) Upon examination of this trench, I found several lines carrying hydrochloric acid and caustic soda to a waste treatment facility. The plastic HCL line was fuming at a joint where plastic pipe was covered with a tygon type material with no sign of: a clamp on the tubing. The stainless steel line, adjacent to this tubing joint had been repaired with a pipe clamp. I was told by Sean Gillespie that the clamp was the repair made on the previous Saturday and that the stainless line was corroded from the outside. (It appears obvious that the fumes currently leaking were the problem.) This Na OH leak was reported to be very small and perhaps contributing to the current soil contamination. This is unlikely and appear to be separate incidents. During an exit interview with Jennifer Friebel and Sean Gillespie, I stressed the point that our concern was not just this incident of not reporting ~a release, but Nestle's history of not reporting releases. (Stating as support) the 1995 release into the sewer system that we were not notified of, and the previous ammonia release where employees were sent to ~the hospital that we were not notified of. I gave Jennifer copies of two pages of the CRTK regulations (Chapter 6.95 of the Ca. H&S code) showing the reporting requirements and penalties for not reporting. I stressed that any release that is a threat to life or the environment is certainly a significant and reportable release. This means anytime an employee is injured, or anytime an environmental company is called to clean up contamination, that release is definitely reportable. The fact that ACTI removed contaminated soil, makes the incident that occurred on Saturday or Tuesday, reportable. ~ I notified Jennifer that we would hold an office hearing on this matter and requested that she discuss, with the plant manager, an available date within the week. That Nestle bring a written summary of the events to the meeting, starting with the Saturday release, and continuing thru the soil removal on Tuesday, October 27, 1998. Jennifer will get back to me with a time and date that Nestle will be available. The office hearing will be held at 1715 Chester, Environmental Services conference room. REH/dm /~ From: / John Germanetti To: Rhuey Date: 10/26/98 11:17PM Subject: Nestle - 10/26/98 . . This is a follow up to our Conversation about the situation that took place at the Nestle plant on District Blvd. After returning from a call we noticed what looked like a fire truck up by the pump room at the Nestle · plant on District Blvd. We stopped to check out what was going on and found that Nestle believed it had a possible HydrochLoric Acid leak. The storage tank is out front and is by the fire pu.mp room. As We walked up I noticed that a pig had beeh placed out around part of the exterior wall surrounding the tank. There was clear liquid around the wall and people were in the proceSs of ph the clear material at that time. No one was wearing any protective clothing or gloves, the ph was 8. The person that was doing the ph paper was Erik Ricardo from Advanced Cleanup Technologies. The local representative of ACTI and Amber Chemical were also on hand, the product was from Amber. The three of them kept telling me this was no big thing and that it was a static problem, no release had occurred so no requirement to notify the Fire Dept. The Nestle employee that was in charge was Jennie Friebel and she stated that there had not been a' release, which was supported by Amber Chemical Inc and ACTI. 'They felt there was no need to call the local fire dept, thou Nestle felt it was necessary to call the chemical rep and a clean up company to respond to the plant. The representative of Amber Chemical stated that they handle this stuff every day, ,trying to down play the call. I had the feeling the whole time that Nestle, ACTI and Amber were trying to cover this up and down play the possible problem. I instrLiCted them that if they even believed or had an actual release they were ~'equired to notify the local Fire Department, at anytime. This call started around 4:15 in the afternoon and we discovered it at 5:15 p.m.. The other reason they didn't call the Fire Dept they said was they could get ACTI and Amber Chemical to respond to the plant with in 10 minutes for emergency. Amber Chemical Inc. (ACI_)_ · ~\/like Nemeth bus 325-2072 5201 Boylan Street home 831-2218 Bakersfield, CA , ACTI - Advanced Cleanup Technologies Inc' P, on Mikuls - Supervisor tel 392-7765 4548 Wesley Lane pgr 632-4348 Bakersfield, Ca :Erik Ricardo - Supervisor/Haz Mat Specialist 20928 I_.amberton Av. Carson, Ca 90810 tel 310-763-1423 pgr 800-713-8684 cell ph 310-2'S1-8524 Nestle ComjBany Je;~nie Friebel - contact person on 10/26/98 . * 2 other' employees were on scene at the same time with Jenr~ie Friebel .j Nestl~ Ice Cream Company 730,1 OISTRICT BLVD. BAKERSFIELD. CA 93313 TEL. (805) 398-3500 BRIEF DESCRIPTION OF INCIDENT: On Monday, May 15, 1995 a Utilities Technician notified Cheri Rhoades the pH at the waste water plant was running very high and was investigating, upon further investigation the primary and polishing vaults were running within normal boundaries on pH however the final pH readings were fluctuating approximating between 11.6 and 12.3. Nestle Ice Cream Company called Advance Clean Up Technology, Inc. in to neutralize the caustic, as well as notified the City of Bakersifled Waste water representative, Tim Ryan, of the high pH readings. INITIAL CLEAN UP RESPONSE: The caustic was neutralized using sodium bicarbonate and dilute citric acid in trough area allowing Maintenance to repair the cracked 90 degree elbow on caustic line. The line was repaired Monday evening. The neutralized liquid was contained in poly 55 gallon drams. The spill was determine to be caused by two factors: The pipe that was cracked causing leakage, The design of trough area was faulty due to two (2) drain hOles which allowed liquid to drain into the soil and make its way to a manhole, approximately 2 feet from the trough allowing liquid to enter the manhole which drains directly into the final vault. SITE REMEDIATION: On Tuesday May 16, 1995 there were 13 soil samples taken :m't~e area surrounding the neutralization plant to determine the extent of the contamination ( please see attachment 1). B.C. Labs took the samples, Howard Wines with the City of Bakersfield Hazardous Materials Division and Cheri Rhoades with Nestle Ice Cream Company were present while the samples were being taken. In reviewing the soil sampling results problem areas were identified. Problem areas were excavated using a small backhoe and shovels. The soil in these areas will be cleaned down to a pH of between 8-9. Please refer to sample result number 12 in attachment # 1, which is the background sample, which indicates soil outside' of the contaimination area to be 8.16. Caustic Tank containment area shows evidence ofa samll amount of spilled product. The material will be removed for proper disposal. The containment structure shows signs of deterioration and will be repaired and lined with .an epoxy coating see attachment 2. This coating will be applied on the walls to a thickness of approximately 30 mi and on the floor to a thickness of aproximately 70mi, the trough areas will, also be coated using the same materials. The coating of the containment by this process will act as a secondary containment. c:\winword~le~environmental\wv~Jpill.doe 3,- ReportTo: , Name:..~ C, T T Project:/~¢ c~7"/.e,, ~ate: ~ . Zip~~ Other: ~ ~~ ~ o Lab~ Sa~le Description Oate & Time Sampled ~ "/- .~ ~ ~-' 5.~ Ill ~ ~5~ ' -~o ,, ~ 9..~ 2' " S~ !11 ~ ~' "~ III ~ ....... .... . , ,~~ - ~1~'~' -, Comment. Billing Info: ~lin~~ Re~ive. by: (Si.nature)~ Dale: Time'. ~/ S~~' AddresS' - ' Re~ived by: (Signature) Dale: Time: ~!~ ~ ~' Cily ......... ~'~a-l~ .......... Relinquished by: (~'ignalufe) Re.ired by:.(Si~alure) D~e: Time:' ' Allenlion: ~/ ' -" ~ ...... ~ .......................................................... 1 TOTAL CONCENTRATIONS (California Code of Regulations, Title 22, Sec=ion 66261} Date Reported: .05/17/95 Dace ReceiVed: o5/16/95 Laboratory No.: 95-05839-1 SAMPLED · 0940 ~ 1130 BY MIK~ GP3~AM & JE~/~Y M~SON OF BC LABO~AT0~IES Regulatory Criteria M~thod ' STLC TTLC Sample Results ~nits P.0.L. '~e=hod ~ m~/kq 8.55 pH Units 0.01 SW-9040 2 - 12.5 ,.:;,~:... · ..~.: -:~'- .. ?,....:::: '_.' .~ ....... ,...,... '" .i. !:':.'".:' " :i:!,~.t., ~':. '::a...':::.:.':.' ....... . ' :i:~" 'h' ',., .:, :..: .:.:. '. :.;?~ .., .:...:: :.:: _~U~n.._.=z: All above constituents are reporCed on an'k9 received "(wes) sample':'.basis. "'"':': Re'sults reported represent totals (TTLC) as samDle subjected to appropr, la=e cechniques to de,cfm/ne ~ocal levels." .,. :....... .,..; .......... .... :. Q. L ~ Practical Ouantitat£on Li~..!ii fers.': : leas of " quantifiable based on sampI&'~ze used".'~3~nal~rc/~'?..~ehni~,~2~,_d~ '";[..:..%i~.:~: S'.?LC i = 8 ' ' "' .... "~ ~'~ ..... ~'"' ~-" "-~ ' ' · '~:'=' . . oluble Threshold L~mxt Conce~c.xation 'x': :. .:..~,: i '. ?~'.. :' .-..: .~.; 'TiJ, C: ; Tot reshol Limit Concentr~ion :':~:~ "i]. ":'". ' "!i -5~ s~uz== ~.,':~..~.,::''"':': :' '~:' :.'!'.":'!i!':'.,'~?!:' ~ ............ ' ........ ""' ..... ' .... ~-'-"~:: · '. · ~ .~ ~.. :.r.= ;. ,'.;;':. '..~,~; '/'..'=~?..'. .~ ',.:::::,: ....::::. · _~ ~ ' .. ~.. :...::'. . Labo ~orv Director '. ' ' ' ' ;":!.,:" ". "::'-' ' ....'"" . .. :.'-:.:. · . .~ :::...:..: .: :~:~..',,. '..:,.,.:.!!:.:.....:.: ..:.~... .: :~ ....,'."'...; ~:.j."' -,... -.. :::~ .:-; , ' :. ; =?.,. '.'..,~'~: (California Code of Reg~l&cio~s, TOTAL CONCENTRATIONS Title 22, Section 66261) Date R~ported: Date Received: La~o~ato~No.: 0S1~$195 Page I Description: NEST~: SAMPL~ #2 ~ 2' SA~mL,~D ~ 0940 T~RU 1130 BY MIKE GRAHAM & J~RRYMASON OF BC LABORATORI~S Criteria : Method STLC TTAC Cons ~i.~uent s SamPle Results units P.O.L~ ~ ~ mu/k~ · .~z (~!:i) 10.75 pM Units 0.0l SW-9040 2 - 12.~ C~..-me~=; Ail above constituents are reported on an as recei=ed "~e~) samDle',:..ba~is. '. ,~esulcs reported represent totals (TTLC) a~ sample subj6cted to appropriate - ~ techniques to determine toual levels. " " 'PT, LC = To~al ~hreshold L/mit Concentr&'~ion . '-~ ";"ci =':.~J. "%>. CD',~ 0981~86£ Ol "3NI 'S~I~JOIU>4OI]U~ 38 WO~{~ WU).~:O~ ~66T-).T-~O TOTAL CONC~NTRATIONS (California Code of Regulations., Title 22, Sect/on 66261) Dace Reported:'. 05/17/95 Date Received: 05/16/95 Laboratory NO.: 9S-0S839-3 Page I SAMPLHD e 0940 THRU 1130 BY MIK~ GRAHAM & J~RY MASON OF BC LABORATORIBS Ccr. s~i ~uents Regulatory Criteria Method STLC TTLC Samole Results Units ~.O~%., M~.thod mg/L ~ Units 0.01 SW-9040 2 - 12.~ ~TLC , TiLC ! · ::~..: · ~....,.:.} ~ .:.~.~:: A~.i a~ove constituents are reported o~ an '~S received".~.'et) sample:!i~as£s. ~%:, Results repot=ed represen= ~o=ale (~) as a~le s~jected :o ap~r~ria=e :e~i~es co ~te~ne to=al levels. " · : ~t.~ ', }..': "~ ~ ' ' ':' ~' '~':"~4~ "' ' "~ :':':~ '~%'"'; "' ~'~ ~:~" ':" "~" ~rac~ical Qu~tltation ~:.:(refers '~'.~ leas~ :~ Of ~~' ' ' '~ '.~ ~" '~' 'r.: :'r"T' ." .... ; . '.,;;,}~,~' · '%j ,,:?.'U~~ T~~reshold Limi: Concencr~i~ ..{ L,,t G DRATQI~ I~$ .J~DV~CED CLEA~p TEC~NOLOGIRS INCOP. PORA~D 4548 '. ~SLEY LANE ~'At'~SFiaLD, CA 93308 Att. n: ~ON ~IKLTLS, 805-392-7765 S~.~p~.a DescriD~ion: NESTLe: SAMPLE ~4 · 2' TOTAL CONC~NTRATIONS (California Code of Regulationm, Title 22, Secticm 66261) Dace Reported: 05/17/95 Dace Received: 05/16/95 La~ra=oz-~No.: 95-05839-4 SAMPleD & 0940 THRU 1130 BY MIK~ GRAHA~ & JERRY MASON OF BCLABORATORZES ~egulacory C~£ceria Method STLC TTLC Results ~ ~ Mec.t~qd ~ mq/kq 9.57 pHUnicS 0,01 SW-90&0 2 12.5 All ~ove c~stltu~s are reported on ~ a~ recez~d ~ec) g~le'.~sis. '.~: R~sults reported reDreGent totals (~) as 's~le s~j~cted to appropriate '. aec~i~es =o detemine =oral levels. 41 O0 Atlas Cc. - Bakersfield. ~A ~330B · (~) ~7~gl I · ~AX (8~) ~87-1 91 ~ L.~,]~A, uRIES CLEANUP TECHNOLOGIES INCORPORATED ~~!~, ~ 93308 ~N ~S. 805-392-7T65 DescriD=io~: TOTAL CONCENTRATIONS (California Code of Regulations, Title 22, Section 66261) Date.Reported: 05/17/95 Dace Received: 05/16/95 T~hora~oryNo.: 95-05839-5 Page i NESTLe: S/M~L~ ~S ~ 2' SAM~T.~ ~ 0940 T~/~U 1130 JERRY)~SON OF BC LABORATORIES Cr/teria ~hod STLC TTLC Samole Results Units P.O.L. Method _m~/L mg/kg 10.90 pH Units 0.01 SW-9040 2 - 12.5 .~11 above .constituents are reporce~ on an as received i Re*sulc~ reported represent totals (TTLC) as *sample subjected co appkopriaCe - ~ techniques Co decermlne Co=al levels. *' TOTAL CONC~NTRATIONS (California Code of Regulations, Title 22, Section 66261) '~C'i~C~D CLEANUP TECHNOLOGIES INCORPORATED ~SFIELD, CA 93]08 At'cn:~ ~.ON MIKULS 805-392-7765 Sa~ap~ Description: N~STL~: SAM~L~ ~6 e 2' Date Report94: 05/17/95 Date P~eceived: 05/16/95 Labors=or, No.: 95-05839-6 Page I SJ~D ~ 0940 THRU 1130 BY lHIIC~ GI~I~4AM &. J~RY M~SON OF SC LABORATORIES .............. uents Sample Result~ ::;;~ ":?-: ?. } .53 Units P.Q.L. Method pH Units 0.01 SW-9040 Regula:ory Criteria STLC TTLC mq/L mg/kq 2 - 12.5 All above constituents are reported on an '"'.~ received':"'~.ec) sampl~i~ibasis. R~sulcs reported represent to=als (TTLC) as' sample su~j~c=ed to appropriate techniques co determine total levels. ' ciuant~f~able based on sompZe,.~$.=e used ~.:.'analyczcatk~chnzque,:~.~oyecl). TOTAL CONCENTRATIONS (California Code of Regulaci°~s, Title 22, Secgion 66261) Page TECHNOLOGIES INCORPORATED Da=e Reposed: Da~e Recei~d: 05/16/95 93308 ~ra=o~ No..' 95-05839-7 MI~S.. 805-392-?~65 Descrip~i~: ~S~: ~ ~.$ 2' ~D $ 0940 ~U 1130 8Y ~ O~ JR~Y ~ OF ~C Regulatoz7 Criteria '::~n£~iinuen~ Sample Result~ U~its P.Q.L. ~/L ~/kq 9.60 pH Units 0.01 2 - 12.5 Meth{p({ $~-9040 Total_ Threshold Limit Concentr'~Ion Schul~z '= ':~. J ': :~.: ..., ..... Director .... ":: ..... . ":..2'::~.,... ~:'.' ,."?': ': ~:"~;.::F='; ' ':;+.'::;:"':':: .,,.~..... ~,,:f,,.. "'::.:![!.~.:. '.~:i;~a .., ........ ::-.~ Ail above Constituents are reported on an '~ ' "¥:{'"' ~!~::2' ":':'~:': received '(,~et) saa~le"-.~.asis. '::.-- Ro'sul=s reported represent totals (TTLC) as'sample subjected to appropriate - techniques =o dete~nine to=al levels. · , ." :'"i':.9.: ::L:' ':j~. ~4. L:.4'~ ~ '~,,,:,~....~.~,',,~: .~,:::.T..:.,~.- .~ ~ ~.....( ...,:... Soluble Threshold Lxmit Conce~ra=~on 'q:::.~.: '..%.;;h ~.,.!'.: %:..:,:: '., "q;: "i;~: "; "::.{.2 ~::: :::ii ' ...":: .' .': ." ., ... :{... ::..2... "": :'" ..... ' ....... ......... · ...~ 12: . :. ": :}~::.'..' r; , ~ .. ., . ......:"' ' ........ "~:,'i:.~:~::.' .::.. ,v,;, :. "., :: .... ~'Z::,_".:.:::i ':", ".L":" .?. ~ .... · a.~.': .:!~:..,?: ...-. f .. .~, .. · 22 .. ,.! "~.~ : : 00 A;t~s C~;. 8akerefielo. CA 9[~408 · (8C~] 3~7-4911 · I=AX [8~) 327-1 818: /:'3'= 8981286[ Ol ' 'DNI 'SBI~JOI~JOSU'I 38 WO~ WU6S:O] AD%~-~D CLEANUP T~CHNOLOGi~$ ZNCOI~PORATED WESLEY LAN~ ~AK~SFZRLD, CA 93308 20N MIKULS.:, 805-392.7765 Description: NESTLe: SAMPLE %8 · 2' TOTAL CONC~FfRATIONS (California Code of Regula=i~, Title 22, Sec=ion 66261) Dace Reporte~: 05/17/95 Page Received: 05/16/95 Labora~oryNo.: 95-05839-8 ~age SAMPt~ % 0940 THRU 1130 BY MZKg GRAHAM & J~RR¥1~SON OF BC LABORATORIES Regulat0ry Criceri& Method STLC TTLC Saa~le Results Units, ~ Method mq/L mq/kg 8.79 pH Units 0.01 SW-9040 2 - 12.5 i -' ', ~?..-~ .;~.".~ ~:" i~ ~;...-;; ..... :::::"~"'::': w' ;; ,~:-..~ ........ "v:' '.:'::."; .:~,~:.! ;~..~ ;:~. """~' '::!i.~..~.~ ' :? '''*:~' ':' '~" ':"':':'" "~'~ ". * ','i:.,:"~: ,, ',* ~.;~! . .: .,:~. :,?.::!.- ...;~ ;.,.. ':=~...~nU :~ All above consticuen=s axe reported on an'"~ ' '~ *': received '~ec) i. R~SUl=s reported represent =ocals (TTLC) as' sample subj~c=ed co al~p'~opriate ' i techniques co de=ermine total levels. '* ~ : Total ~nreshold Limit Concen~r~ion · :....;.;,.-'~ ?'.~ '. ..:.. . ~.~ s;::~u~.~z /.,,).. ::..~ ... .:. :.. . ,~_,.!!/..!;? .:~..;~.,:.:.:..!...... ,~.,,!~...::.~ "· ' :'.;.."~; .r*..... 't :.i;:..L .~.: .~. . ............ ' ;.~,.,:.." .,t: .' .,., [..:..: *...,.::: ! *',' ..'{'.,!: ,., .:..;. .~::.. :. '~..~.*::: ~:.~:~:~. '.:":: ':../r .:....~ ~ i "..{ 'i':,: ' ,',i! ~,.':.~i~. '.is:zd !~ " ' ' ....... ~ CO~TIONS (California Co~e of Regulacions, Ti=le 22, Section 66261) Page .;~V~.NC~D CLEANUP TECHNOLOGIES INCOrPOrATED Dace Reposed: 05/17/9S -;~S~Y ~ Da~e ~ceived: 05/1E/95 'm~RSF~, ~ 93308 ~ ~rato~ No.: 95-05839-10 ~'~-~ '~O~ ~ 805-392-776S ~:g~e De,cripple: ~S~: ~ %9-A ~ 2' ~.~ ~ 0940 ~U 1130 BY ~ G~ A ~ ~Y ~0N O~ BC Regula=ory Cri=eria Metho~ STLC TTL~ EamDle Re~ul=s ~nits' P.O.L, Method _~ mo/ko 0.01 Sw-90%0 2 - 12.5 reported re~resen~ ~o~al~ (TTLC) a~"sample subj~c~e~ eo a~o~r£&te "-' uechniques =O de=ermine togal levels. (Cal.i. forni& Code of R. egula~::i.~ns, T/.cIe 22, Sec=ion 66261) P&ge DaCe Reported: 05/17/95 D&=e Received: 05/16/9S La~oracoryNo.: 95-05839-9 RONMIKULS.. 805-292-?765 Description: N~STLE: SAMPLE %9 · SURFACE SAMPLED · 0940 THRU 1130 BY MIKE ~RAHAM & J~RRYMASON OF BC LABORATORIES ~.~~ SamPle Results .7'~ (!:Ltl) 8.Og · Regulaco~ Criteria Method STLC TTLC Un£c~ P'.O,L. ~ mg/L mq/kq DH Unite 0.01 SW-9040 2 12.5 - ', ;:': :' . '~:.'4t~ ~h~-'. .:::..: ;:.,..::.: '.., ~,~:...,r..!::,~'. · :.: ~:::.:. ':..t.::.~:{, · :,..: .,..~,:. t.:.....:: ~2 · ,":"'.' "!::!i.-'.: ':::%.';?' ' ~el.laul~tt:veroc:~e~i,urents a:re :e.orced on an '~$ receive,"!(~ec) sample':J~a,.i$. ':!.~.: , p d ep~esenc tocal~ (TTLC) as 'sample subjected to appropriate techniql/es Co decerm~e total levels. -. Soluble Threshold L~m~ Conce~raclon "ii!~ ":]'[!}! '~;:.'71:.:;. .;. '..' ~.: TOTAL CONCgNTRATIONS (California Code of Regulations, Title ~2, Sec=ion 66261) Date Reported: 05/17/9S Date Received: 05/16/95 Labora=oryNo.: 9S-05839-11 SAI~T,k'~ ~ 0940 T~ 1130 BY MIKE GRI~HAM & Sample Resul~ Units 9.49 pH Units Regulatory Criteria P. O. L, __}{~=hod mg/L mq/kq 0.01 SW-9040 2 - 12.$ -'-~.--.,~-.:-.: AIl above cOnscituenus are reported c~a an :'~ received ";(~et) sample ~e'sul=s reported represent totals (TTLC) as'sample subjected to a~p~oprlate - techniques ~o detezm/ne coral levels. . al CX5 Aclos C'c.. I~,aker,,~field. CA ~3308 · (805) -q~7-4~n ~ · F~AX.[I~:3~33m?-I e~ 8 TOTAL CONCJ1NT~ATIONS (California Code of Regulations, Title 22, Section 66261} Date R~epor'c~d= 05/17/95 D&:e Received: 05/16/95 Laboratory No.: 95-05839-12 Page NESTLE: SAMPLE %11% 2' SAMPr.~ ~ 0940 TH~U 1130 BY MI~ ~Pd~tAM A J~Y M~SON OF BC LA~O~TOPJAIS , Regulatory Criteria Me~hod STLC TTLC Sample Reeult~ ~ P.O.L. Method mq/L m~/ka 8.98 pH Units 0.01 SW-9040 2 - 12.5 . ~'sul=s reDor=ed represent =o=a~s (TTLC) as'sample subjected to =~chn~ques to detezmine to~al levels. · quallt~fxable based on sa~oI~;~,S.~ze used ~f~analy~x~%chnA~~oved) .T;.,,t.::. TOTAL CONCENTRATIONS ~ ~' (California Code of RegulaCions, Title 22 Sec=ion 66261) ~D~r:~CED CLEANUP TECHNOLOGIES INCOrPOrATED Date Reported: 05/17/95 Date ReceiPted: -05/16/9S "~':,'%S iWE,'.SLBY X~.. i~raCom'y NO.: 95-05839-13 .~,.%3~p,~IELD, C~ 93308 ~ ...~_mu i ~_ Descri9=io~: Page I 9.16 9H Units 0.01 SW-90~0 2 - 12..5 ....... . .... ~ ..~ ~ : . ..=~, . . ,...,. ..- ~; . .. ;'7.'. · ' · .~ le'~:~as=g. Ail above constituents are reDorted on an '~ received ca1 levels · .... :::::: ?',' :':.:";.~'*'" :::' ':'".: ..... , ...... ~' :.-..~afers ~om~:.. leas= Soluble Thresl~old, Lm. mm_ :'.::, ~- ':'% / ~'/{//~,-~ . .,W,~,..-~ ...... :' .~..::....:,. 'u. ~..'...,,'."., ..~;=,'.:, ~.:~, .,~:.....~,:'.::,... ~T. ~',: ¥" -'~:::: ..... ."': -. '~ ~ ~.~ .... ~v~ . · '.,--.'~ .- a:,,~.,_~.or~ Director '~i~;~::{:. . :t~i~?: ~.~ ~'~-.'~'~ ..... ':,ii.~ ,~.po- ~ los' me exclusive ~s~ ot 'dm sum~ P~nY- ~ ~ Inc. 3~ume~ · F:AX ~.~) ~)~?-1 ~)1 E) . B A K ~ R 5 F [ E L-~ Environmental Services Haz Mat Incident Date I/Z Reporting Party Address Telephone No. Haz Mat Emerg Spill fl / Spffi Report ! Complaint Follow Up Time l( / ~- Complaint Environmental Services contact Location of the incident Description of the incident '~o0 ~ ( Chemical name and Quantity) Responding to Incident Observations Special Conditions and / or health risks Haz Mat Team Dispatched OES Number Required Poss Exposure Victims Medical Attention Required or Obtained Y N N Van Cellular No. 332-7865 Number Probable Hazardous Waste Clean Up Discussion and Disposition A~- ( (~) N c(~ -~ Referral ? · On Tuesday, October 27, 1998, I met with Sean Gillespie, Jennit~r Friebel of Nestle, and Ron Mikuls of ACTI at the Nestle Plant. Upon request, ! was shown the Site where ACTI had tested soil the night before, and found that a 55 gallon drum ol-'soil had been removed. Per Ron Mikuis, this soil tested ph 10. The area of the soil removal indicated that the higher ph could have resulted from small releases during the bulk tank filling operation. However, upon questioning, I was told that they did have a release of caustic soda solution (Na OH) on the previous Saturday from a trench adjacent to the area in question (see attached sketch, Fig A). Upon examination of this trench, I found several lines carrying hydrochloric acid and caustic soda to a waste treatment facility. The plastic HCL line was fuming at a joint where plastic pipe was covered with a tygon type material with no sign ora clamp on the tubing. The stainless steel line, adjacent to this tubing joint had been repaired with a pipe clamp. I was told by Sean Gillespie that the clamp was the repair made on the previous Saturday and that the stainless line was corroded from the outside. (It appears obvious that the fumes currently leaking were the problem.) This Na OH leak was reported to be very small and perhaps contributing to the current soil contamination. This is unlikely and appear to be separate incidents. During an exit interview with Jennifer Friebel and Sean Gillespie, I stressed the point that our concern was not just this incident of not reporting a release, but Nestle's history of not reporting releases. (Stating as support) the 1995 release into the sewer system that we were not notified of, and the previous ammonia release where employees were sent to the hospital that we were not notified of. I gave Jennifer copies of two pages of the CRTK regulations (Chapter 6.95 of the Ca. H&S code) showing the reporting requirements and penalties for not reporting. I stressed that any release that is a threat to life or the environment is certainlY a significant and reportable release. This means anytime an employee is injured, or anytime an environmental company is called to clean up contamination, that release is definitely reportable. The fact that ACTI removed contaminated soil, makes the incident that occurred on Saturday or Tuesday, reportable. I notified Jennifer that we would hold an office hearing on this matter and requested that she discuss, with the plant manager, an available date within the week. That Nestle bring a written summary of the events to the meeting, starting with the Saturday release, and continuing thru the soil removal on Tuesday, October 27, 1998. Jennifer will get back to me with a time and date that Nestle will be available. The office hearing will be held at 1715 Chester, Environmental Services conference room. REH/dm RECORD OF TELEPHONE CONVERSATION Location: 7~o~ ID# Business Name: Contact Name: Business Phone: Inspector's Name: Time of Call: Date: Type of Call: Incoming [ ] Time: ~/ .Outgoing # Min: Returned Content of Call: Actions Required: Time Required to Complete Activity # Min: Nestl~ Ice Cream Company 7301 DISTRICT BLVD. BAKERSFIELD, CA 93313 TEL. (805) 398-3500 July 31, 1995 AUG 4 1995 By_ Ralph Huey ........... 1_7_1_5 Chester A~enue_ Bakersfield, CA 93301 Dear Mr. Huey: Waste water from the Nestl~ plant flows through a primary, then a secondary, pH adjustment tank before being discharged to the City Waste Water. The pH is continuously monitored, recorded and alarmed if pre-determined limits are exceeded..: Our use of Aqueous Ammonia 'for blueprint developer is approximately 9 gallons per,Year., Any Ammonia release would probably be the result of a relief valve release, or equipment failure. Per our telephone conversation of today, vv~.e..~.. will not consider our blueprint developer as a hazardous material., If circu~st~'nces change, or you have further reservations, we will reconsider, j,~j ,z/~"'- DON GEHRKE Utilities/Facilities-Maintenance . Team Coordinator CC: Rick Artino.: Ed Sobocinski.:-... ~. .Bob Valdez ... ..- C:\ENVIRON~IUEY731 .DOC Nestl6 Ice Cream Company 7301 DISTRICT BLVD. BAKERSFIELD, CA 93313 TEL. (805) 398-3500 July 11, 1995 Ralph E. Huey Ha?ardous Materials Coordinator City of Bakersfield Fire Department 1715 Chester Avenue Bakersfield, CA 93301 Re!-HandlingofAqueous Ammonia for BlUeprint Developing Dear Mr. Huey, In response to. your letter dated June 15 regarding disposal of Blueprint Developer Solution, please be assured that Nestl6 strives to dispose of waste properly. On May 26, 1995 we telephoned Howard Wines and requested his advice on disposal for the solution in question. Our conversation with him led us to believe that we were disposing of this material properly. Not withstanding the advise, I will consult the manufacturer and the City of Bakersfield POTW to ensure that our disposal practices meet applicable requirements. I will send a copy of the disposal methods suggested to us by the POTW and the manufacturer for your review. Thank you for your interest and availability to work with us on this matter. Sincerely, Cheri R. Rhoades Safety and Environmental Advisor Nestl6 Ice Cream Company Rick Artino Ed Sobocinski - Bob Valdez Don Gehrke Vince Woedard Noelia Marti-Colon R.E. HUEY HAZ-MAT COORDINATOR (805) 326-3979 CITY of BAKERSFIELD FIRE DEPARTMENT FIRE SAFETY CONTROL & HAZARDOUS MATERIALS DIVISIONS 1715 CHESTER AVE. * BAKERSFIELD, CA · 99301 June 15, 1995 R.B. TOBIAS, FIRE MARSHAL (805) 326-3951 Cheri Rhodes, Safety and Training Manager Nestle Ice Cream Facility .7301 District Blvd · Bakersfield, Ca 93313 RE: Handling of Aqueous Ammonia (Ammonium Hydroxide) for Blueprint Developing Dear Ms. Rhodes, I understand from Howard Wines, that you have stated, that the strong ammonia odor detected outside of the Nestl~ plant during the May 24, 1995 RMPP implementation tour, was a result of the disposal of the waste aqua ammonia (ammonium hydroxide) from your plant's blue print operation. I also understand that disposal of this waste product is regularly accomplished by simply "pouring it down the drain" into the local sewer system. Unfortunately, this practice may not be acceptable disposal of a hazardous waste. Both the Health and Safety Code and the Uniform Fire Code prohibit the disposal of untreated hazardous waste into the sewer, unless released in accordance with federal, state or local regulations or permits. I have not been able to find any record of a permit to discharge untreated waste ammonium hydroxide into the city sewer system. Would you please review your files to determine if this waste is being disposed of properly, or take the necessary action to properly treat and or dispose of this material. Please reply by July 14, 1995 as to the disposition of this matter. Sincerely, Hazardous Materials Coordinator REH/dlm cc: ;Howard Wines Nestl Ice Cream Company 730'~ DISTRICT BLVD. BAKERSFIELD: CA 93313 TEL. (805) 398-3500 BRIEF DESCRIPTION.OF INCIDENT: On Monday, May 15, 1995 a Utilities Technician notified Cheri Rhoades the pH at the waste water plant was running very high and was investigating, upon further investigation the primary and polishing vaults were mnning within normal boundaries on pH however the f'mal pH readings were fluctuating approximating between 11.6 and 12.3. Nestle Ice Cream Company called Advance Clean Up Technology, Inc. in to neutralize the caustic, as well as notified the City of Bakersified Waste water representative, Tim Ryan, of the high pH readings. INITIAL CLEAN UP RESPONSE: The caustic was neutralized using sodium bicarbonate and dilute citric acid in trough area allowing Maintenance to repair the cracked 90 degree elbow on caustic line. The line was repaired Monday evening. The neutralized liquid was contained in poly 55 gallon drums. The spill was determine to be caused by two factors: The pipe that was cracked causing leakage, The design of trough area was faulty due to two (2) drain holes which allowed liquid to drain into the soil and make its way to a manhole, approximately 2 feet from the trough allowing liquid to enter the manhole which drains directly into the final vault. SITE REMEDIATION: On Tuesday May 16, 1995 there were 13 soil samples taken in the area surrounding the neutralization plant to determine the extent of the contamination ( please see attachment 1). B.C. Labs took the samples, Howard Wines with the City of Bakersfield Hazardous Materials Division and Cheri Rhoades with Nestle Ice Cream Company were present while the samples were being taken. In reviewing the soil sampling results problem areas were identified. Problem areas were excavated using a small backhoe and shovels. The soil in these areas will be cleaned down to a pH of between 8-9. Please refer to sample result number 12 in attachment # 1, which is the background sample, which indicates soil outside of the contaimination area to be 8.16. Caustic Tank containment area shows evidence of a samll amount of spilled product. The material will be removed for proper disposal. The containment structure shows signs of deterioration and will be repaired and lined with.an epoxy coating see attachment 2. This coating will be applied on the walls to a thickness of approximately 30 mi and on the floor to a thickness of aproximately 70ml, the trough areas will, also be coated using the same materials. The coating of the containment by this process will act as a secondary containment. c:\winword~files\environmental\wwspill.doc ~. Report To: ,~ Analysis Requested ,,, ~. ~ Addres;~5~ ~~,Pr0ject .: ~ ~ ~ Lab~ Sample Description Date & Ti~e Sampled ~ ~ Comment' I' · n · R~linq~e~ (Si~ature~ Re~ed by (Si~ature) ~ Dale T,me -- ~ ~ ~ : Re~nquished by:~ignature) Re~ived by: (Signature) [:)ale' Time: 0 '~ [~4 g~ "Oily ......... %~;~ .......... Relinquished by: (Signature) Re~iVed b~: (Signature) TOTAL CONC~NTRATIONS (California Cod~ of Regulations, Title 22, Sectio~ 66261) Date RepOrted:. .0S/17/95 Date Receiged: 05/16/9S L~k~ratoxyNo.= 95-058Z9-1 Page I NESTLe: SAMPL~ $1 ® 2' SAMPL~D:~ 0940 THRU 1130 BY MIK~ GRAHAM & JERRY MASONOF BCLABORATORIES Regulatory Criteria Method STLC TTLC Sample Results Units P.0.L. We~hod mg/L mq/kg 8.55 pH Units 0.01 gW-9040 2 - 12.5 ?'~ ~' Ail above constituents are repot=ed on an'~ received "(wet) sample':'basis. '"' ~ R~sults reported represent totals (TTLC) as samDle ~ubj~:l:e~ to ap~ropr, la~e - i techniques to ~e=erm/ne total levelS. '-- - TT%C ._- TOtal reshold Limit Concentr~ion :.~ ...:. ~'a [~98~86£ 01 ''DNI 'SBI~01UNOHUq 38 W0~ Wt~9~:0I ~66I-&I-~0 (California Code of R,gulations, ~kD~3'-ANCHD CLEANUP T~C~0LOGi~S INC0Pd;0RAT~D. I%~SL~Y LANE ~C~S FIELD , CA 93308 ~ON MT KULS 80S-~92-77~5 Description: TOTAL CONCENTRATIONS Title 22, section 66261) Date Reported: Date ReceiVed: LaboratOry NO.: os/z?/9s os/t6/9s 95-05839-2 Page NESTLE: SAM~L~ #2 ~ 2, SAMPLED ~ 0940 THRU 1130 BY MIKE GRAHAM & JERRY MASON OF BC LABORATORI~S Cons diluent s Regulatory Criteria Method STLC TTLC ~am~.le Results units P.O.L. Method m_~ mq/kq 10.75 RH Units 0.01 SW-9040 2 - 12.5 ...:,..'~ ,.. ':.. ,,.,.:~....:...~.,::, '- · !'~" "i'!i:&~i ": '¥.:~i: All above constituents are reported on an 'a~ received "{~eC) Results reported represen= ~otals (TTLC) as sample sLtbj~cted to app~opr£&~e -': techniques ~o determine total leve!s. '-- - Practxcal Quantztat~on Lzn~tT:'fzte~ers u~:.~,~least, x~!~ ~ ~.'a!~ "'-~'~:,,t'::.".'~':,' . · ,u4J:v,,. ': -rzg,: .~:: ~.--97,.-- -- --~'.~%~.J:. c~ .,~.T..:~., quan~zf2able based on sam~l~"s~ze used 'an~.'~..lvt£~?~.W,~.~.~.,~;;.i"~'.% Sol .......... - :~ :,,.., .... ~!~ ---~ --~9..:i.,,~.~ ..... ..~-= :~e~j . i'.,..,.:,:j., shold Limit Concentrat.'.ion '";'~ SChulez ]:'i:(' :?: '?i':'!: }'' ...... ~' '"'""' ' "' ._ .. .... ...... . ...... . Director ":.i ~i . ..: ..... :.v.'....' .,,... " "%':: = ":".~ 8981)86£ Ol ' '3NI 'S~I~OIU~O~fld] 3Et WO~-~ 'NU~.G:OI G66I-~.I-G0 lIES TOTAL CONC~NTRATIONS (California Code of Regulations., Title 22, Section 66261) Dace Repot=ed:' Date Received: Laboratory No.: OS/l?/Ss osi16/95 95-05839-3 Page I SAMP~.VD ~ 0940 THRU 1130 BY MIK~ G~NAM & JRRRY MASON OF BC LABORATOEIRS l Cea s..-..'i ~uents Regulato~. Criteria Samole Results Units ~.O,L... M~.thod mg/L 'm_~_q~!k_~ 9.45 pH Units 0.01 SW-9040 2 - 12.5 '"~:i!!i!i iiill Al.! alcove constituents are reported on an Results reported represen~ ~otals (TTLC)-as sample subjected to appropriate - ~echniques to determine total levels. -' - ' ~ ~ --- -- '~ '.'. '" 'i' ,~i" ..... Taant~a~±e based o~ sa~DZe:!s~e used "~,:analv~i~t'~"::~e~i~,,~.;:~o~ Soluble ' . "~."':". . Threshold Limit Conce.~t,~&tlon ' TOTAL CONC~NTRATIONS Title 22, Section 66261) Date Reported: 0S/17/95 Date Received: 05/16/95 Laboracoz7 No.: 95-05839-4 Page Description: NESTLE: SAMPLE ~4 · 2' SAMPLED ~ 0940 THRU 1130 BY MII(I~ ~RAHAH & JERRY MASON OF BC LABORATOP. IES 1¸. 9.57 pH Units 0.01 SW-9040 2 - 12'.~ Al.l-above constituents are reported on an :~,~ recefved'"~et) samD1;'f]i~asis ';"'~:':i' Results reported re~resent totals (TTLC) as sample subjected to app~opria~e techniques =o determine =oral levels. =oiunie Threshold Limit ~ ~ · ....¢ ...: ,..: .,.: .~ ;.;~ !,,.: .-:.[]}!:,: ,: ::>....:. r ::. ';-',:,-. · .' "-" '.'..::~:?': .... :.r' ~' "".":i'!.;}i":' TOTAL CONCRNTRATIONS (California Co~]e of Regulations, Title 22, Section 66261) Date Reported: 05/17/95 Dace Received: 05/16/95 Laboratoz7 No.: 95-05839-5 i STLC I = Page 1 NRSTLR~ SAMPL~ ~5 ~ l' SAMPLED ® 0940 THRU 1130 BY MIKEGRIIHAM& JERRY MASON OF BC LABORATORIES · '. Reg~la:or!~ Criteria Me~hod STLC TTLC Results Units P.O.L. Method __mo/L mg/kg 10.90 pH Unit~ 0.01 SW-9040 2 - 12.5 - reported on an as recexved ~,~wet) sample ".basis. Re'sults reported reDresent * .~ ' · '; totals (TTLC) as sample sublet=ed to appropr=a=e techniques to determine to=al levels. -' TO=al Threshold Limi= Concentr~ion '-L'. ' '::*}: :'} TOTAL CONC~NTRATIONS (California Code of RegT~latio~s, Ti:le 22, Sec:ion '66261) Date Reportgd: 05/17/95 Date Received: 05/16/95 Laboratory~o.: 95-05839-6 Page I D~sCrip=ion: N~STI~: S~L2 ~6 % 2' SAMPLED ~ 0940 T~LRU 1130 BY M IK~ GRAHAM &. J~RRY M~SON OF BC LABORATORIES Regulatory Criteria Method STLC TTLC Sample Results Units' P.Q.L. Method mq~L mg~kq '9.53 pH Units 0.01 SW-9040 2 ~ 12.5 R~sults reported represent to=als (TTLC) ~.echniques ~o determine total levels. - quant~fzable based on sampI~:~A=e used '~?~lytxda~chn~que,~..loyed). Total ~reshold Limit Concentration mpon ere foz,the excluelve u~e of the s~mlltll~§ party. ~C ~, Inc. a~aume~ no r~epoe~iblllty tO~ tel)mt alterAtiOn, t4~)amtlon~ detachment or third ~ ~terpretation, 41 O0 Atla~ Ct. · Bmkersfielcl, CA ~3:30B · (1~0~1387-4811 · FAX '~98~86£ Ol ' 'DNI 'SBI~OIU~OSU] DEE WO~ WU6&:OT S66T-Al-&O TO~AL CONCENTRATIONS (California Code of Regula=i~s, Title 22, Section 66261) Date Reported: 05/17/9S Date Received: 05/16/9~ · Laboratory No.: 95-0~839-7 Page SAMPLI~D % 0940 THRU 1130 BY M~IT~ GRAHAM JERRY MASON OF BC LABORATORIES Regulatozy Criteria Method STLC TTLC ~ Unit~ P.Q.L. MethQ~ m~/L mq/kq 9.60 pH Units 0.01 SW-90~0 2 - 12.5 "'::.iii,~:' "'iq::'.;.!ii ...;,.. .,,..:,, ,., AI'I e-bore ~cmstit:uent:$ &re relported on sn '&~ rec:eivsd ":~et) , sample"-basia. RO'SUlCS reported represent totals (TTLC) as sample subjec:ed to app~opriaue .... techniques to determine total levels. ~.- . · , , .':.:"?:.:L' :.'.'." ';.% '~. ::';':~ '~'":"."..'~.~:".';'; '~,:'~::~.,'"-'.', .... .~ ............ quantzf~able based on samDl~'.:'si=e used "~>}~,,],,~_~_=_.~J~.~a,¥;_ _, =oluble Thresholcl Lzmit Conce~racion '.~;:.~.: ,5~,{f'I .~;oy ~ tal Th eshold L~mxt Concentration '. .... .:... ...... ~. ". ' .i....,.. i~ 'r"'"';'lJ'""i':: ':i': ;i'~-;.:' Schultz ': .~i~... fl"V ' .i.{'.:.,'t :.'. ':l. :'C'~}: i: :':';;?.'ii::. ....... ' ..... - .... ..-?;. · v 'q~ ':'.':'~ ":: :::" "' Director '"": ':: ........ :.' '"'~":' "'::: ..... '.;-':>.i '~?.,.?.. ,;:y.: ;{ ;~ ! .,.:...: :. ' .................. . .:.%%f,....~. """':' :: '.'~ "~'~: eel:~rt are I'o~' the e~ctu~nm use ot the sul~ I~m/. Be Lsl~mt~, I~. &ssmaes no ~ fo~ ~ alle~ti°n' ~,epmaiion. ~lcamem ol' ~ pal~/intmpmtJaion. TOTAL CONCRNTRATION$ (California Code of Reg%lla:io~s, Title 22, Section Date ReDor~ed: 05/17/95 Date Received: 05/16/95 Laboratory No.: 95-0S839-8 Page DescriDtion: NESTLe: SAMPL~ %8 ~ 2, SAMPLED ~ 0940 TI~RU 1130 BY MIK~ GRAHAM & JERRy MI%SON OF BC LABORATORIES Regulatory Criteria Method STLC TTLC ~a~ole ResA~ts Unlt.~ ~ Method mq/L mg/kg 8.79 DH Digits 0.01 SW-9040 2 - 12.5 ~ '.." ..r'v:' ".'.~:: .:} i, ~ :: · .'ii. ~:'~.~' ?. ': ~i:' :;:'~; :,, "' ':"":' r ' '"~ ": ":'::' ' All above constituents ate reported on an m~sults reported represent techniques to de,ermine total levels. -' · Practical antita=ion ;.~; ::~ii{~?':iI'' ';'..-'~ :.:-._.'".-~:..':. ",'~ {:~ ~.;.i?;:; '=~:~'?.',.;:,.?{?.'..:~: .,i.'.::'~..,;:...:,:..; quart le based o~ samp~e..~e used '~.' ~-~-'~..~-~-~--.~',.~:,~--~, -:,,.-,~ .... Soluble Threshol~ r,~ml ~ ~..~.~..~.' TO=al ~reshold LLm£t Concentr&~.ion ' '..:. '"',"' "~."' :,;.~,.,'~ / ] ~ // . . ... , - ,. r .... · "~- ':'.'..'f"Z: '.' '." ' "':! ~;': :.~i ' ' -"' ::'d:'Ch ............. ,'~.'~ ......~ ) ....... · ~hUlli~ ~' l ":' "~ i". , ~' '(. . .: .: i ':'!',9~'..: ': '.:.,'. ...... : . ':* ,.::,:. ,.:: ..... ...::.:aH(Da .a'Br, n .,;..;,,::: · ?:'.- .... "4 'i" ;.k , '".'::'. ai~ Uti, · B-'--,ker'nhelcl. CA 9~1D8 - ~c381~86£ 0i ''DNI ' ~'~ I :N0.LI~a08I::I-1 TOTAL CONCENTRATIONS (California Code of Regulations, Title 22, Section 66261) ~age Date Reported: 05/17/99 Date Received: 05/16/95 .La~OratoryNo.: 9S-05859-10 N~STI~: SAMPLE #9-A e 2' SA~T.w~ ~ 0940 THRU 1130 BY MIKE GRAHAM & J~RRYM~SON OF BC LABORATORIES Regulatory Criteria Method STLC TTLC Sammle Res~l~S Units' P.O.L. Met_hod m_~ 8.52 DH Units 0.01 Sw-90%0 2 - 12.5 Ail above co~%s=ituenta are Re'sults reported represen: totals (TTLC) as"san~le subjected to app~opri'ate '~-' techniques to determine ~otal levels. D.~='~- S ,~.hul u z L~.~sorato~, Director , po~ ~m ior th~ e~clus,ve use Of ~ Subl~ttl~ ~ ~C ~ LaC. a,~$U~ no f~ ~ T~ALC0N.C~T~...TION$ Title 22, Sec=ion 66261) Date Regor=ed: 05/17/95 Dare Received: 05/16/95 La~orator~No.: 95-05839-9 Page I N~STLE: SAMPLE %9 · SURFACE SAMPLED % 09~0 THRU 1130 By MIKE GRAHAM J~RRY MASON OF BC LABORATORIES ~egulatory Criteria STLC TTLC 8.08 DH Units 0.01 SW-90&0 2 - 12.5 ~.- :, .:' ': .: ;'Z '~b " '" '~ ', ~'-' L "..~"Y · ..,: . '::,.~::~ . ~. ~. , ' '~.~"=' All above constituents are reDorted o~ an as rece~ve~ (.~et) sample',~as~s .~: Results reported represent totals {~/~LC) as sample sub3ected to agp~opriate _ techniques to determine total levels. · - ~".::~' .' . ........... : ..,.,..,.;!:.",.?!:;: ~'~..:. )~ ~ ~.. ,4.' ....... %: ,~ 'M ' ':, :..'.'::~ cuantifiable based on sampl~:~a{-ze used':~!~nal~i~:.~;~cb~i~,,~i.%'.~%~% - . . .; ....~.~ ....... : ..... ~t.::~,~ =__ .,,.~,, .... i,_.. ~..,,,...~.,. soluble Threshold L.~m~t Concent=&tio= SChultz ~l',~ 998p86E Ol ''DNI 'SBl~Oi~OS~q D8 WO~ W~:IT G66T-AI-&8 TOTAL CONC~/~ATIONS (California Code of Regu~a=ions, Title 22, Sec=ion 66261) Page J.~%L~Nc=-D CImANUPTBCHNOLOGIES INcoRPORATED Da=e Reported: 05/17/95 %548 WESLEY LANE Date Received: 05/16/95 ~"~.~]~=LD, .CA 93~08 Laboratory No.: 9~-058~9-11' .,,~u~n:: RONM_IKIILS ,. ~'~ Description~ N~STL~: SAMPLE ~10 % 2' ~MPLED.~ 0940 ~ 11~0 BY MIKE GRAHAM & I JERRY MASON0~ ~C LABORATORI~S Regulatory Criteria Method ~TLC TTLC Sample Results Units P.0.L. ~M~hod mg/L mq/kq 0.01 Sw-9040 2- 12.5 All above constituents are raper:ed on an "~ received ";(~e~) sam~le'::~asis. "? Re'sults reported represen= to:als (TTLC) as'sample ~ubjected to appropriate - techniques to detez~ine total levels. -. · quantifiable based on sampI~.:~lze used Total Threshold L~mat 41 O0 A:IeS Ct.. Bakersfield, CA S3308 · (805) 3[~7-491 I · FAX 09@~86£ Ol "DNI 'SBl~Ol~08~] 38 wo~ w~o:tt ~66t-zJ-qo i TOTAL CONCRNTRATIONS (California Code of Regulations, Ti=le 22,. Section'66261) Date Reportgd~ 05/17/95 Date Received: 05/16/95 Laboratory No.: 95-0~839-12 Page gAMPr.~-'n ~ 0940 THRU 1130 BY MIK~ GRAHAM J~P~Y M~SON OP SC LAIIOP. ATORIES ': Requlatory Criteria Method STLC TTLC Sample Results Units P.Q.L. Method mq/L m~/kq 8.98 pH Units 0.01 SW-9040 2 - 12.5 -~, ...... ..... : All above constituents are reDorted on received:'i(,~e~), sampl sis. Re'sul=s reDorted represent totals (TTLC) as'sa~01e sLtbjected to apmrogri, ate techniques to determine total levels. . . ~ qu ab based on sample~,s~.ze used ~*;an~l x ', ....... ," -c-7 'd 0981~86£ Ol ''DNI 'SBI~OlldiiO;:rt~] Dfl WOt{-I WUEO:TI 566T-).l-~O ~,,.~c~=~l ~,~15S TOTAL CONC2NTRATIONS , (California code of Regulations, Title 22, Section 66261) ADv.~m~CED CLP~%NUP TECHNOLOGIES INCORPORATED D&=e Reported: 05/17/95 Date Received: 05/16/95 ~,~%~ iWESLEY LAN~., Laborato~? No.: 95-05839-13 ~ ~,~c,~% - CA 93308 9&ge 1 criteria Met_hod STLC TTLC 0.01 SW-90%0 2 - 12.,5 le Result~ n~ 8.16 DH Units · ~ ..,~ f...~ ~.~ '~:~ ,~.¢~:, ~,%. ....... "~, ':":.¥i ,,~ .u... ,.,~ :.... · d on :iom~?~t: Ail above constituents are reporte Resul~:s reported represent totals (TTLC) as s~a= ~e .. . q'~LC ' =' Soluble Threshold L~mlt concen~a. %. i'~',:iL~ ',. __ To~a~reshold Limit Co~lcentra~zon " " ....... '.. /3 / ~ ................ "-' ........ .'.~".".',,~l~.:~, f;" .... , --' If' ~. ,.. :.. r~;'.., j.;: :;:. .~..'.~:U.~,,' ',.~L~ ;:'~ : '.::.::: ::~ '.'u~ · ~ -., '~Lll T.T. ~'' ':~k"~"¢: "4 "~:: ' -~=-~-~-~ . v Director ,.h:~.:.',.': ~::::~::~; -:'... ." i,-' ~.: ' ".%1 '~.~% -,_'~,%utm L~, .:.:~1~/~ ":' " -, .., This guide is intended as an aid in determining the potential usefulness of the listed SEMSTONE® pwduc~s as coatings, to protect concrete.and incidental steel from chemical exposure. The chemical resistance of a coating is influenced by several factors including the primary chemical exposure (which could be a mixture of chemicals), severity of the exposure, contaminants, housekeeping practices, and operating temperatures. Testing is recommended to confirm stability. Performance is also impacted bY physical factors such as thermal cycling and thermal shock, the nature, design and condition of the substrate, traffic patterns and mechanical abuse. Users ar~ urged to. carefully evaluate each project according to its particular conditions and circumstances. Some chemicals will stain or change the color of the coating. This does not necessarily mean chemical attack has occurred. This guide identifies many of the known staining chemidals, bur this does not imply that others will not stain. If staining is a concern, the choice of coating color can be helpful in mitigating the problem. Immersion test coupons are available to assist users in making a product s~lection. ' ::.':!i SEMSTONE®' ACETALDEHYDE ACETIC ACID, 10% ACETIC ACID. 30% ACETIC ACID, 50% ACETIC ACID. GLACIAL ACETIC ANHYDRIDE ACETONE ACETYL BROMIDE ACETYL CHLORIDE ACRYLIC ACID ACRYLONITRILE ADIPIC ACID ALLYL ALCOHOL ALLYL CHLORIDE ALUMINUM BROMIDE ALUMINUM CHLORIDE ALUMINUM FLUORIDE ALUMINUM HYDROXIDE ALUMINUM NITRATE ALUMINUM POTASSIUM SULFATE ALUMINUM SULFATE AMMONIA ~ ' AMMONIUM BISULFITE AMMONIUM CHLORIDE AMMONIUM FLUORIDE AMMONIUM HYDROXIDE AMMONIUM LAURYL SULFATE, 30% AMMONIUM NITRATE AMMONIUM PERSULFATE AMMONIUM SULFATE AMMONIUM SULFIDE AMMONIUM SULFITE · -. AMYL ACETATE AMYL ALCOHOL ANILINE ANIUNE HYDROCHLORIDE ANTIMONY CHLORIDE (TRI) AQUA REGIA ARSENIC ACID ARSENIOUS ACID BARIUM CHLORIDE BARIUM HYDROXIDE BARIUM SULFATE ' '. BARIUM SULFIDE BEER'..,'-' . ' BENZAL CHLORIDE 1,All .All .A 1.Ai~ .AI1.A [3 "Contact Sentry Polymers for additional ass/stance. SEMSTONE BENZALDEHYOE .T T T T 2 2 I 3 NR BENZENE 2 1 2 "'1 1 1t 2 3 BENZENE SULFONIC ACID BENZOYL CHLORIDE 2 2 2 2 1 1 1 BLACK LIQUOR (PAPER) 1 1 1 1 1 1 t 1 2 BLEACH 2,C j 2.C 2.C 2 C 2 C 2~C 1.C 12.C BROMINE GAS/DRY & WET) NRt NR T -r t 3 t NRI BROMINE, LIQUID BROMINE WATER, 5% 3 3 3 3 I T T { 1 T BUTANOL 2 11 2 4 [ , 1 2 2 BUTYL ACETATE 2 1 2 1 1 1 , 2 2 BUTYL ACRYLATE 2 BUTYLAMINE BUTYL CARBITOL BUTYL CARBITOLACETATEI 2t 2 2 2 I 1 112 2 BUTYL CELLOSOLVEACETATE I 2 1 2 1 I 1 1 212 BUTYL CELLOSOLVESOLVENTI 2 1 2 1 1 I 1 2 2 BUTYL ETHER TIT T T BUTYL LEVULINEAClD 2 2 2 2 1 1 3 3 N-BUTYRICACID 3 3 3 3 2 1 1 NE CADMIUM CHLORIDE 1 1 1 1 1 1 1 CADMIUM PLATING CYANIDE 1 1 1- I~':1" 1' 1 1' 2 CALCIUM BISULFATE 1 1 1 1 1 1 1 1 CALCIUM HYDROXIDE 1 1 1 I 1 1 1 2 CALCIUM HYPOCHLORITE 2,C 2,C 2,C '2,C 2,C 2,C 1,C 2,C CALCIUM NITRATE 1 1 1 1 1 1 i/ 2 CALCIUM SULFITE 1 1 1 1 1 1 1 1 CAPROLACTAM 3 2 3. ~.2:'2 I 2 2 3 CAPRYLICACID 2 2 2 2 2 1 1 3 CARBOUCAClD NR NR NR NR 2' 2 NR NR CARBON DIOXIDE GAS 1 1 1 1 1 1 1 1 CARBON DISULFIDE 3 3 3"-:3 1' 1 NR 3 CARBON TETRACHLORIDE 2 2 2 2 1 1 2 3 CELLOSOLVE 2 1 2 1 1 1 2 2 CELLOSOLVE ACETATE 2 1 2 ..1 1 1 2 2 CHLORINE DIOXIDE 2 2 2 2 2 2 1 2 CHLORINE GAS (DRY & WET) 3 3 3":3: .3 3 1 3 CHLORINE WATER SATURATED 1 1 I 1 1 1 SEMSTONE® CHLOROACETIC ACID CHLORORENZENE (MONO) CHLOROBUTANE CHLOROFORM CHLOROPHENOL CHLOROPYRIOINE (TETRA) CHLOROSULFONIC ACID CHLOROTOLUENE : CHROMIC ACID, 10% '" ~ CHROMIC'ACID;.50% CHROMIC CHLORIDE CITRIC ACID COPPER CHLORIDE COPPER CYANIDE. COPPER NITRATE COPPER SULFATE CORN OIL COTI'ONSEED OIL CRESOL CRESYLIC ACID CRUDE OIL, SOUR CRUDE OIL, SWEET CUMENE CUPRIC AMMONIUM CHLORIDE CYCLOHEXANE CYCLOHEXANOL CYCLOHEXANONE CYMENE DEXTROSE DIBUTYL PHTHALATE DICHLOROACETIC ACID DICHLOROBENZENE DIESEL FUEL DIETHYLAMINE DIETHYLBENZENE DIETHYL KETONE DIMETHYLAMINOPROPYLAMINE DIMETHYL ANILINE DIMETHYLFORMAMIDE DINITROBENZENE DINITRO BUTYLPHENOL DINITROTOLUENE DIVINYLBENZENE DODECYL ALCOHOL (LAURYL) EPICHLOROHYDRIN ETHOXYETHANOL ETHOXYLATED NONYL PHENOL ETHYL ACETATE' ETHYL ACRYLATE ETHYL ALCOHOL · ETHYLAMINE ETHYl RENT_.ENE ETHYL BROMIDE ETHYL CHLORIDE ETHYL CHLOROFORMATE ETHYLENE DICHLORIDE (EDC) ETHYLENE GLYCOL 'ETHYLENE OXIDE ETHYL ETHER ETHYLHEXYL ACRYLATE I I 2 I I 1 1 1 1 12 SEMSTONE®. '~- ~. :... :' ETHYL SULFATE FA1TY ACIDS FERRIC CHLORIDE FERRIC NITRATE FERRIC SULFATE - . FERROUS CHLORIDE FLUOBORIC ACID' FLUOSILIC1C ACID, 10% FORMALDEHYDE FORMIC ACID FUEL OIL FURFURAL FURFURYL ALCOHOl:. GASOLINE GLUCOSE GLYCERINE GLYCOLIC ACID GOLD PLATING (CYANIDE) GRAPE JUICE GREEN LIQUOR HEPTANE HEXANE HYDRAZINE, 35% HYDRAZINE HYDRATE HYDRIODIC ACID, 20% HYOROSROMIC ACID, 20% HYDROBROMIC ACID, 48% HYDROCHLORIC ACID. 10% HYDROCHLORIC ACID, 20% HYDROCHLORIC ACID, 37% HYDROFLUORIC ACID, 10% HYDROFLUORIC ACID. 20% HYDROFLUORIC ACID, 48°/° HYDROFLUOSILICIC ACID. 10% HYOROFLUOSiLICIC ACID, 25% HYDROGEN PEROXIDE HYDROGEN SULFIDE GAS HYPOCHLOROUS ACID IODINE, CRYSTALS ISOPHORONE ISOPROPYL ACETATE ISOPROPYL ALCOHOL ISOPROPYL ETHER JET FUEL KEROSENE KETCHUP LACTIC ACID LARD LAURIC ACID LAURYL CHLORIDE LEAD ACETATE LECITHIN LEVUl INIC ACID LINSEED OIL LITHIUM BROMIDE 3 2 2 INRINR 2.Di 1,DI2.DI 1.DJ 1.D 1,DI1.DI2.DI 2.A 1,Al 2.Al 1.A 1,A 1,A 1,A' 2.A 3,At2~I3.A 2.At2,A 2,AI2.A13A ~.Ai1.A! ~.^1~.^1~ At l^j ~.^t2.A SEMSTONE ° ° ~ITHIUMCHLORIDE 1 1 1 1 I 1 I I 1 1 ~THIUMHYDROXIDE 1 1 1 1 i~ITHIUM HYPOCHLORITE "2,C 2,CI 2.C 2.CI2.C12,C 11,C 2.C I I MAGNESIUM BISULFITE 1 1 1 1 I1 1 1 2 MAGNESIUM CARBONATE 1 1 1 1 MAGNESIUM CHLORIOE 1 1 1 1 I 1 I 1 1 MAGNESIUM HYDROXIDE- ' 1. 1 1 1 I 1 1 1 2' MAGNESIUM SULFATE 1 1 1 1 II I1 1 1 MALEtC.AClD ..... 3' 3' 3 3 MALICACID 2 1 2 1 I 1I 1 1 2 MERCURIC CHLORIDE 1. 1 1 1 I111 1 1 MERCUROUS CHLORIDE 1 1 1 1 I 111 1 1 MERCURY' 1' 1 1 lill 1 1 1 METHANOL 2 2 2 2 I-1 t'1 2 3 METHYL ACETATE 3 2. 3 2 t 212 3 3' M YLALCOHOL METHYLAMYLALCOHOL 2 t 2 1 I1 I1" 2 I 2 METHYL CHLORIDE NR! 3 NR 3 t 2 I 2 NR NR METHYL ETHYLKETONE2[ 2 I 2 2 I 1 12 3 METHYL ISOBUTYL KETONE 2 '1 I 2 1 I1 I1 12 3 METHYL METHACRYLATE 2 2 I 2 I 2 t I I 1 I 3 3 METHYLOLEATE 2 t 2 2 2 t 1 I 1 ! 2 3 MILK 111 MINERAL SPIRITS 1 1 2 1 MOLASSES j MONOCHLOROACET C AC Dil MONOETHANOLAMINE 3 2 3 2 ~ MURIATIC ACID NAPHTHA NAPHTHALENE NAPHTHENIC ACID NICKEL PLATING. BRIGHT NITRIC ACID, 5% NITRIC ACID. 10% NITRIC ACID, 30% NITRIC ACID, 50% NITROBENZENE OCTANOIC ACID N-OCTYL ALCOHOL OILS, ANIMAL OILS, MINERAL Key: " 3 = T = NR = A = NRI NRi NRI3.DI2,D C = D = NOTE: . sEMSTONE® OILS. VEGETABLE OLEIC ACID OLEUM OXAUC'AC1D PENTACHLOROE3'I..IAN E PERCHLORIC ACID PERCHLOROETHYLENE PHENOL 5% PHENOL 85% PHOSPHORIC ACID. 20% PHOSPHORIC ACID, 50% · PHOSPHORIC ACID. 85% i PHOSPHORIC ACID, 100% 'PHOSPHOROUS ACID PHOSPHOROUS bXYCHLORIDE PHOSPHOROUS TRICHLORIDE PHTHAUC ACID PICRIC ACID. 10% iN ALCOHOL POLYACRYLIC ACID POTASSIUM ACETATE POTASSIUM BROMIDE POTASSIUM CARBONATE. 10% POTASSIUM CARBONATE. 25% POTASSIUM CHLORATE POTASSIUM CHLORIDE POTASSIUM CYANIDE POTASSIUM DICHROMATE POTASSIUM FLUORIDE 11.A POTASSIUM HYDROXIDE. 10% POTASSIUM HYDROXIDE, 25% POTASSIUM HYDROXIDE. 50% POTASSIUM NITRATE POTASSIUM PERMANGANATE POTASSIUM PERSULFATE POTASSIUM SULFATE PROPANEDIOL PROPIONIC ACID, 50% PROPIONIC ACID. 100% PROPYLENE GLYCOL PYRIDINE SALICYLIC ACID SALT BRINE SILVER NITRATE Illl I 1 1.Al I.A! 1,Al 1.Ai Suitable for constant immersion, constant flow, and/or areas with frequent spills and/or poor drainage. Suitable for at least 72 hours of containment and for intermittent spills. Suitable for intermittent spills when good housekeeping practices are followed. Maintenance may be expected if spills are not cleaned up. Insufficient data available to provide rating. Testing is recommended. Consult Sentry Polymers. Not Recommended. May be suitable for limited exposure applications under certain conditions. Consult Sentry Polymers. This chemical will attack silica aggregate. Silica must be totally encapsulated. Consult Sentry. Polymers for non-silica ag=~regate recommendations. For constant immersion service, coating must be posteured 12 hours at 150° F. Consult Sentry Polymers for alternate cure schedules. This chemical is unstable under some conditions, resulting in aggressive behavior. Consult Sentry Polymers. Coating may show some staining or color change when exposed to this chemical. Ratings are based on 135° F maximum exposure temperature. In many cases service temperature can be as high as 200° F, but consult Sentry Polymers for recommendations beyond the 135° F limit.. SEMSTONE® SKYDROLL SODIUM ACETATE SODIUM BICARBONATE SODIUM BISULFATE SODIUM 81SULFtTE . SODIUM BROMATE SODIUM CARBONATE SODIUM CHLORATE SODIUM CHLORIDE ' ' SODIUM CHLORITE SODIUM CHROMATE SODIUM CYANIDE' SODIUM DICHROMATE [ 1 SODIUM FLUORIDE. SODIUM HYDROSULFIDE SODIUM HYDROXIDE. 10% SODIUM HYDROXIDE. 50% I 1 SODIUM HYPOCHLORITE, 5% SODIUM HYPOCHLORITE. 18% SODIUM LAURYL SULFATE, 20% SODIUM OXALATE SODIUM PEROXIDE SODIUM PHOSPHATE/ACID) SODIUM PHOSPHATE {TI:Il) SODIUM SULFATE SODIUM SULFIDE SODIUM SULFtTE SODIUM TARTRATE SODIUM THIOSULFATE SOYBEAN OIL I2.C 2.CI2.CI2.CJl,CI2.C 112 2,0 2,012.0 2.012,C 2,0 1,0 2.C II111~1~1~1~i~1~ ~l~l~i~l~l~tll STANNIC CHLORIDE STANNOUS CHLORIDE STERIC ACID STYRENE SUGAR/SUCROSE SULFAMIC ACID SULFtTE LIQUOR (PAPER) SULFUR DIOXIDE SULFURIC ACID, 10% SULFURIC ACID. 25%.' · SULFURIC ACID, 50% SULFURIC ACID, 75% SEMSTONE® SULFURIC ACID. 98% SULFURIC ACID, OLEUM SULFURIC ACID (SAT'D) SULFUR TRIOXIDE' TALL OIL TANNIC ACID TARTARIC ACID TETRACHLOROETHANE 2 TETRACHLOROETHYLENE TETRAHYDROFURAN TETRAHYDROFURFURYL ALCOHOL TITANIUM TETRACHLORIDE TOLUENE TOLUENE SULFONIC ACID TOLUIDINE TRICHLORACETIC ACID 3 TRICHLOROBENZENE TRICHLOROETHANE 2 TRICHLOROETHYLENE 3 TRICRESYL PHOSPHATE TRIETHYLAMINE TRIETHYLENETETRAMINE TRIETHYL PHOSPHITE TRISODIUM PHOSPHATE 1 TURPENTINE UREA VINEGAR VINYL CHLORIDE WATER. DEIONIZED WATER. DEMINERALIZED WATER DISTILLED WHITE LIQUOR (PAPER) WINE XYLENE ZINC CHLORIDE ZINC SULFATE NR { NR! 2 2 1 1 113 3 I [NRt31NRt 3 iiiii1 1 2!2 INR Key: 1 -- 2 ~ 3 = T -- .NR = A -- C = D = NOTE: Suitable for constant immersion, constant flow, and/or areas with frequent spills and/or poor drainage. Suitabld for at least 72 hours of containment and for intermittent spills. Suitable for intermittent spills when good housekeeping practices are followed. Maintenance may be expected if spills are not cleaned u~. Insufficient data available to provide rating. Testing is recommended. Consult Sentry. Polymers. Not Recommended. May be suitable for limited exposure applications under certain conditions. Consult Sentry. Polymers. This chemical will attack silica aggregate. Silica must be totally encapsulated. Consult Sentry Polymers for non-silica aggregate recommendations. For constant immersion service, coating must be postcured 12 hours at 150° F. Consult Sentry Polymers for alternate cure schedules. This chemical is unstable under some conditions, resulting in aggressive behavior. Consult Sentry Polymers. Coating may show some staining or color change when exposed to this chemical. Ratings are based on 135° F maximum exposure temperature. In many cases service temperature can be as high as 200° F, but consult Sentry Polymers for recommendations beyond the 135° F limit. DESCRIPTION AND USES SEMSTONE 110 Damp Proof Primer is a two part epoxy that exhibits superior adhesion to concrete and steel. SEMSTONE 110 Damp Proof Primer is used under many of the SEMSTONE surfacing materials. SEMSTONE 110 Damp Proof Primer may also be used as a sealant over concrete to prevent dusting and spalling due to freeze-thaw cycles. PACKAGING/COVERAGE SEMSTONE 110 Damp PrOof Primer'is packaged.!n 3 quart and 1'-1/2 gallon units. A 3 quart unit will cover approximately 100 square feet over smooth concrete. TYPICAL PROPERTIES Mixing Ratio Mixed usable pot life @ 75° F Solids by volume Weight per mixed gallon Flash point Dry to touch time Color - mixed 2 parts A to I part B by volume 60 minutes 100% 9 lbs non-flammable 6-8 hours @ 80° F Semi-clear APPLICATION INFORMATION 1. All concrete surfaces must be structurally sound. 2. Concrete surfaces must be free of oil and ~ease. 3. Concrete must be acid-etched or abrasive blasted to remove laitance and surface contaminants and to expose sound concrete. 4. For best results, concrete should be dry, however, SEMSTONE 110 Damp Proof Primer will cure andbond to damp concrete surfaces. 5. Incidental steel must be abrasive blasted to near white metal (SP-10). In immersion service, abrasive blast to white metal (SP-5). 6. Mix Part A resin with Part B hardener until uniform in color and consis- tency. Apply to prepared surface using paint milers or by brush. 7. Top coating - refer to top coat product bulletin for specific top coating instructions. SAFETY _' As with all epoxy based material, care should be taken while handling and working with this mater/al. Wear robber gloves, long sleeves, and chemical goggles. SEMSTONE® 110 Damp Proof Epoxy Primer ntr 5500 Ir: HWY 332 800-231-2544 FREEPORT, TEXAS 77541 DESCRIPTION AND USEs SEMCRETE 610 is a water based, epoxy binder for Portland Cement and aggregate: SEMCRETE 610 is used as an economical material for restoring degraded concrete surfaces, and/or to repitch floors for proper drainage.. SEMCRETE 610 does not shrink and exhibits a tenacious.bond to Sxisting concrete. It is ideally suited for patching spalled concrete. SEMCRETE 610 is castable making it suitable for applications such as pouring pump foundations and pre-casting sumps and trenches. SEMCRETE 610 can also be used as a repair mortar for filling form voids and honeycombs in vertical concrete surfaces. SEMCRETE 610 may be top coated with many high performance coatings and toppings. Consult with Sentry Polymers for specific recommendations. Not for use under vinyl ester materials. PACKAGING SEMCRETE 610 is packaged in three unit sizes consisting of Part A and Part B components. THREE GALLON UNIT consisting of: . 1 container of Part A weighing 8.8 lbs (1 gallon) 2 container of Part B weighing 16 lbs (2 gallons) FI3'I'EEN GALLON UNIT consisting of: I container of Part A weighing 44.2 lbs (5 gallons) 2 container of Part B weighing 80 lbs (10 gallons) Ag~egates and Port. land Cement (type 1) for 3 gallon and 15 gallon units are supplied by others. A convenient 1/2 cubic foot unit is available for small repair and patching projects. The unit consist of SEMCRETE 610 Part A and Part B along with a bag of pre-blended cement and aggregate. SEMCRETE 610 Concrete Repair Mortar- Formerly Duochem 6010 ¢ 'Entr FREEPORT, TF_XAS 77541 TYPICAL PROPERTIES Compressive Strength Flexural Strength Tensile Strength Impact Resistance Abrasion Resistance Adhesion to Concrete Pot Life ASTM C- 109 ASTM C-348 ASTM C- 190 ASTM D-2444 Taber Abrader Dynamometer 5,840 psi 1,840 psi 865 psi 250 lb. in. 0.09 mg (CS- 17 Wheels) 350 psi 1 hour at 75°F Curing Times: (1/2" thickness at 70°F) - - Light Traffic _. -- Heavy Traffic Final Care 24 hours 48 hours 28 days STORAGE AND SHELF LIFE Keep SEMCRETE 610 components tightly sealed in their original containers until ready for use. Store indoors at 65°F - 80°F and protect from freezing. The optimum temperature for material workability is 70°F - 80°F. Properly stored. SEMCRETE 610 has a minimum shelf life of two years. Refer to batch number on label for date of manufacture. APPLICATION GUIDELINES IMPORTANT NOTES The proper mix ratios are critically important. (Any variation in ratios will adversely affect performance.) Make provisions to accurately weigh out or measure volumes of the components as required herein. 2. All ag~egates must be kept dry prior to use. TEMPERATURE CONSIDERATIONS Locate all expansion joints, control joints, floor drains, equipment base plates and mid-floor termination points. Handle them according to Sentry's construction de- tails. MIXING AND APPLICATION EQUIPMENT SEMCRETE 610 may be placed using conventional concrete placement ahd finishing tools including vibrating screeds, form vibrators and/or, when mixing the I/2 cu. ft. unit, a paddle mixer. Batches of 1 cu. ft. or more should be mixed using a horizontal blade mortar mixer. MIXING AND APPLICATION INSTRUCTIONS FOR USE AS A WET PRIMER NOTE: Have all application equipment and related equ. ip- ment ready for use before mixing. Part A and Part B mixture alone is used as primer. The components must be individually agitated imme- diately prior to use: The temperature of the concrete to be repaired, and the anabient air temperature should be at least 50°F while apply- ' lng SEMCRETE 610. SURFACE PREPARATION Concrete must be structurally sound and must not contain any accelerators or curing compounds. Remove all oil, g-rease, chemicals and other contami- nants. Remove all surface laitance and expose sound con- crete. We recommend abrasive blasting or chipping to do this. However, other methods, such as acid etching and neutralizing, may be used. Part A - Blend Part A to a uniform consistency in its individual container using a Jiffy type mixer, Pan B - Blend Pan B to a uniform consistency in its individual container using a Jiffy type mixer. IMPORTANT NOTE: SEMCRETE 610 HAS AMIX RATIO OF TWO PARTS B BY VOLUME TO ONE PART A BY VOLUME. Carefully pre-measure desired volume of each compo- nent. Pour the pre-measured amounts of Pan A and Pan B into a container and mix thoroughly for two minutes using a Jiffy type mixer. SEMCRETE 610 · Page 2 Sentry Polymers, Inc. Prime area with mixed SEMCRETE 610 liquid. Apply at acoverage rate of approximately I I0- 125 sq. ft. per gallon. Prime only as much surface as can be topped while primer is still wet, approximately 4 hours at 75°F. If primer is allowed to cure before topping is applied, it will be necessary to re-prime. MIXING AND APPLICATION INSTRUCTIONS FOR FILLING FORM VOIDS AND HONEYCOMBS Pre-mix individual' components of SEMCRETE 610. The following is a batch formula that will yield'ap- proximately a I/2 cubic foot quantity of SEMCRETE 610 mortar that will cover approximately 60 to 80 square feet: SEMCRETE 610 Part A SEMCRETE 610 Pan B SAND #10 mesh (angular) Portland Cement (type 1) 6.2 lbs 39.0 lbs 11.0 lbs Pre-mix Portland Cement and sand. then set aside. Combine pre-measured SEMCRETE 610 Pan A and Part B components and blend for two minutes using a Jiffy type mixer. Carefully add pre-blended Portland Cement and ag- ~egate mixture to the combined Pan A - Pan B mixture. Blend for 3 minutes. Apply to the surface by rubber float. Skim surface with rubber float filling honeycombs and form voids. While rubbing the SEMCRETE 610 mortar into the void. brush away excess so that you do not add a significant thickness to the concrete surfaces. Spray Applications Use a Goldblat pattern pistol and hopper with orifice size set to 1/2" and the air supply set on 12 - 15 lbs to create a splatter. MIXING AND APPLICATION INSTRUCTIONS FOR APPLICATIONS OTHER THAN HONEYCOMBS AND FORM VOIDS Follow priming procedures as stated in MIXING AND APPLICATION INSTRUCTIONS FOR USE AS A WET PRIMER steps 1 through 4. Pre-mix individual components of SEMCRETE 610. Mix SEMCRETE 610 material in a mortar mixer wittY' at least twice the volume capacity of the quantity to be mixed. The following batch sizes may be adjusted to suit your mixer capacity, crew size, or project requirements: Applications up to 1" 3 gallon unit: SEMCRETE 610 Pan A (1 gal.)__ SEMCRETE 610 Part B (2 gal.) __ SAND #I0 mesh (angular) Portland Cement (type i) Volume Yield 8.8 lbs 16.0 lbs 150.0 lbs 42.0 lbs [.68 cubic feet Applications over r' 3 gallon gniu SEMCRETE 610 Pan A (1 gal.) __ SEMCRETE 610 Part B (2 gal.) -- SAND #t0 mesh (angular) Portland Cement (type 1) Pea Gravel 1/4" Volume Yield 8.8 lbs 16.0 lbs 50.0 lbs 42.0 lbs 100.0 lbs 1.66 cubic feet * In thicknesses over 2", up to 15% additional pea ~avel can be added to further extend volume by 5%. Locate the mixer near the work area Make sure the mixer is working properly and clear of forei~n debris. Pre-wet the mixer, then remove all excess water. b. Mix as described above and pour into hopper. c. Spray onto wall and immediately skim surface with a rubber float in a circular motion. When applied in this manner for filling form voids and honeycombs, SEMCRETE 610 can receive a SEMSTONE top coat material after 12 hours of cure. NOTE: Take precautions to ensure surface does not become contaminated prior to top coating. Weigh out aggregate and Portland Cement. Combine pre-measured SEMCRETE 610'-Pan A and~: · Pan B components and blend for two minutes using a Jiffy type mixer. Pour mixed SEMCRETE 610 into the mortar mixer. Add ag~egate and cement slowly in 3 to 4 successive and alternating portions and mix thoroughly for 5 minutes. NOTE: DO NOT ADD OTHER MATERIALS TO THE MIX. SEMCRETE 610 · Page 3 Sentry Polymers, Inc. 4.. PLACING Place the material onto the freshly primed area. Screed the material over the wet-primed area to desired thickness. Method of placing'and finishing: Have screed strips set to control thickness and pitch, place SEaMCRETE 6'I 0 onto still wet primer, Screed using screed boards or vibrating screed, hand [hp using flat trowels to com- pact and finish using clean flat trowels pre-wet with water. Do NOT attempt to retemper surface of 'SEMCRETE 610 by adding water to the surface. When used as a material of construction, always fol- low standard concrete construction practices. Forms should be treated with a form release agent or lined with polyethylene. When restoring badly deteriorated vertical surfaces, it will be necessary to set forms for placement of SEMCRETE 610. NOTE: When conditions such as excessive wind and high ambient temperatures exist, cover the area with polyethylene sheeting. TOP COATING When using SEMCRETE 610 as an underlayment for Sentry's epoxy, novolac, or polyurethane coatings, it will be necessary to allow the SEMCRETE 610 to cure a minimum of 24 hours. Maximum recoat time without surface preparation is 7 days at 85 °F. Always take precautions not to allow the surface to become contaminated prior to~op coating. If allowed to cure beyond 7 days. or if the surface becomes contaminated prior to application of top coating, it will be necessary, to detergent wash and abrasive blast or sand the surface. . . Never apply SEMCRETE 610 if temperatures are expected to drop below 40°F within 24 hours after application. SAFETY PRECAUTIONS FOR INDUSTRIAL USE ONLY. Contains Portland cement and other caustic materials. Avoid contact with skin and eyes: do not inhale. May cause irritation to skin and upper respiratory, system. May cause injury. When working with SEMCRETE 610 always wear chemical goggles, rubber gloves, and appropriate work clothing. When mixing SEMCRETE 610, wear a NIOSH/OSHA approved dust mask. Refer to Material Safety Data Sheets on this product for first aid and for handling precautions. Keep out of reach of children. I YEAR LIMITED WARRANTY For one year following sale, SENTRY POLYMERS, INC., Freeport. Texas ("SENTRY'3 will replace any of its products that do not conform to its manufacturing standards or, at its sole discretion, refund the proportionate sales price applicable to the nonconforming goods. Replacement product will be supplied at no charge. and FOB SENTRY'S facilities. Information and suggestions supplied by SENTRY. whether in its published literature or otherwise, including samples, are believed to be accurate and reliable and are furnished in good faith. Such information and suggestions are supplied without charge and their use. and the use of SENTRY products is beyond SENTRY'S control. SENTRY'S products, inf0fmation and suggestions are intended for USERS possessing skill and know-how in the industry,. USERS are responsible, at their sole discretion and risk. to satisfy themselves regarding the suitability of SENTRY'S products, information and suggestions for their particular circumstances. SENTRY MAKES NO WARRANTIES. EXPRESS OR IMPLIED. CONCERNING ITS PRODUCTS. INFORMATION AND SUGGESTIONS ~ND DISCLAIMS ALL WARRANTIES INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. This limited warranty will be rendered null and void by any one or more of the following: SENTRY is not paid timely and in full at Freeport. Texas. for all goods and services sold by SENTRY for use on the applicable project: USER does not cooperate with SENTRY'S reasonable investigations regarding the alleged nonconforming product: the product has been misused, abused or improperly maintained. The provisions of this warranty supersede any provisi6ns to the contrary in any of USER'S forms or documents or otherwise unless such contrary, provisions are specifically acknowledged and agreed to in writing by SENTRY after receipt by SENTRY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PERSONAL INJURY. INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. SEMCRETE 610 · Page 4 Sentry Polymers, inc. DESCRIPTION AND USES Featuring enhanced chemical resistance, Sentry's Novolac Epoxy systems are specially formulated to withstand some of industry's most aggressive chemicals, including 98% sulfuric' acidr as well as many organic chemicals and organic solvents. SEMSTONE 145 is Sentry's high performance coating system for concrete. Self-priming and semi-leveling, it may be applied as an aggregate filled and/or reinforced coating system. Itmay be applied by spray, squeegee or roller to yield a highly serviceable coating system 'for' areas subject to heavy, traffic and extremely severe chemical exposure. ". SEMSTONE 145 is a two 'component system that possesses the following characteristics in common with all members of Sentry's 145 family of products: · excellent resistance to chemical attack, thermal shock, wear and impact: · superior bonding qualities; · high cohesive strength; · low permeability; · low odor;, · 100% solids. Typical areas of use: process slabs, tank farm floors, chemical loading and unloading areas, spill containment areas, and waste proof coating for secondary containment systems. PACKAGING/COVERAGE SEMSTONE 145 is available in 1 gallon, 5 gallon, and25 gallon units. Each unit consists of a premeasured Part A component and a premeasured Part B compo- nent. A bagged Part C thixotropic agent is available for work on vertical surfaces. Application thickness may vary depending on expected service conditions (i.e., chemical exposure, temperature, traffic load and other mechanical abuse, immersion service vs. splash-spill, etc.). Consult Sentry Polymers for specific thickness recommendations. Coverage rates will be effected by the condition of the surface being coated (degraded vs. smooth, steel vs. concrete, etc.). To figure THEORETICAL coverage per gallon, divide desired mil thickness into 1,604. (For example, theoretical coverage for a 60 mil thickness is: 1,604 divided by 60 = 26.73 square . feet per gallon.) For practical coverage, make necessary allowances for condition of the sub- strate, working conditions, waste, spillage, etc. SEMSTONE® 145 Novolac Epoxy Coating System 5500 E. HWY 332 800-231-2544 FREEPORT, 'rE~.AS 77541 Mixing Ratio: By volume By weight Solids, by Volume. Weight per Mixed Gallon Pot Life @ 75°F Cure Time @ 75°F: Foot Traffic Light Vehicular Traffic - · Chemical Service TYPICAL PROPERTIES re. WET 4 of Part A to '1 of Part 5 of Part A to 1 of Part 9.3 lbs '::~:~ -. 45-60 minutes (Significantly less at elevated temperatures) 12 hrs. 24 hrs. 36 hrs. Not Required Nonflammable Color (SEMSTONE 110-P/S Epoxy Primer Sealer optional) TYPICAL pROpERTIES--'~URED . Tile Red Hardness Compressive Strength Tensile Strength Tensile Elongation Flexural Strength Abrasion Resistance Water Vapor Transmission ASTM D - 2240 Shore D ASTM C - 579 ASTM D - 638 ASTM D - 638 ASTM D - 790 ASTMD- 1044 ASTM E - 96 WVT Permeability 70-75 14,000 psi 5,000 psi 6% 11,000 psi 56mg (CS 17 wheels) 0.0120 gain per hr. ftz 0.0042 perm. -in. RELATED AND ANCILLARY PRODUCTS CHEMICAL RESISTANCE SEMSTONE 110 Damp Proof Epoxy Primer SEMSTONE 110-P/S Epoxy Primer Sealer SEMSTONE 145-S Novolac Epoxy Coating and Lining SEMSTiDNE 300/305 Epoxy Polymer Concrete SEMCP~ETE 610 Concrete Repair Mortar SEMSTONE Scrim Cloth SEMLASTIC 5000 Two Component Fluoroelastomer Seal- ant Refer to'separate technical~bulletin on each product for uses, application instructions, etc. STORAGE AND SHELF LIFE Keep SEMSTONE 145 components tightly sealed in their original containers until ready for use. Store at 50°F - 75°F, out of dii-ect sunlight. Properly stored, SEMSTONE 145 has a minimum shelf life of one year. Refer to batch number on label for date of manufacture. For chemical resistance information, refer to Senti. 's Mas- ter Chemical Resistance Guide. APPLICATION GUIDELINES TEMPERATURE CONSIDERATIONS The temperature of the surface to be coated, and the ambient air temperature should be at least 50° F while applying SEMSTONE 145 and while it cures, ffthe temperature is expected to drop below 50°F use SEMSTONE 145-CT. % Halt application if the temperature falls within 5°Fof the dew point. Bubbles may appear in the SEMSTONE 145 coating if it is applied over concrete in direct sunlight, or when temperatures are rising. This is due to the expansion of air and/or moisture trapped in the con- crete. It is especially true of air entrained concrete. SEMSTONE 145 · Page 2 C For best results, shade the work area and apply SEMSTONE 145 when the temperature of the con- crete (or other substrate) is failing. A surface ther- mometer should be used to frequently monitor the temperature of the substrate. Twenty-four hours before application, all materials (components A and B, aggregate, etc.) should be stored at a 70°F - 85°F; to.facilitate handling. · SURFACE PREPARATION- GENERAL Surfaces must be dry and free of dirt, dust, oil. grease. chemicals and other contaminants immediately prior to ap- plying each coat of SEMSTONE 145. SURFACE PREPARATION OF cONCRETE °' New concrete generally should be cured a minimum of 28 days. NOTE: Check with Sentry Polymers for recommen- dations regarding concrete cured less than 28 days. Concrete must be structurally sound and must not contain any accelerators or curing compounds. 3. Remove all oil and grease. -' 7. Remove all surface laitance and expose sound con- crete. We recommend abrasive blasting to do this. However, other methods, such as acid etching and neutralizing, may be used. In general, any existing coating should be completely removed. In certain instances this may not be neces- sary, but consult with Sentry Polymers first. Always remove coatings which have failed due to lack of adhesion or thermal shock. Locate all expansion joints,control joints, floor drains, equipment base plates and mid-floor termination points. Handle them according to Sentry Polymers' Construc- tion Details. De~aded concrete on horizontal surfaces should be Part A - restored using SEMSTONE 300 Epoxy Polymer Con- crete or SEMCRETE 610. Honeycombs or any form voids in vertical surfaces' Part B - must be filled. Use putty made by adding Part C thixotrope and dry, silica aggregate to either SEMSTONE 110 Damp Proof Primer, or SEMSTONE 145. SEMSTONE 145 · Page 3 Alternatively, use SEMCRETE 610 mixed as a mortar. See the SEMCRETE 610 Technical Bulletin for fur- ther information on using SEMCRETE 6 l0 as a mor- rill'. SURFACE PREPARATION OF INCIDENTAL STEEL Equipment base plates, etc. to be coated along with the concrete should be abrasive blasted to a near white metal finish with a 1 - 2 mil anchor profile. (Ref. SSPC-SP-t0) MASKING Mask surfaces that are not to be coated. This material is difficult to remove, once applied. APPLICATION EQUIPMENT l. SEMSTONE 145 may be applied using a spray rig, notched trowel, brush or roller. 2. Spraying Aggregate Filled Material DO NOT use a plural component or a single compo- nent airless rig with aggregate filled material. See Equipment Specification - 397-252, Grover Pump 3. Spraying Material Without Aggregate See Equipment Specification - 397-250, Graco 4. Always use spray equipment in accordance with manu- facturers instructions. 5. Brush or Roller Applicator to select roller and brush type depending on desired result. MIXING AND APPLICATION 1. The components must be individually agitated imme- diately prior to use: Blend each Part A component to a uniform consis- tency in its individual container using a Jiffy type mixer. Stir each Part B component to a uniform color in its individual container. If using a plural component spray rig, skip this st~p. Otherwise:' Pour the entire contents of Part B into the contah)er holding Part A and mix thoroughly for two minutes using a Jiffy type mixer. The pot life of the mixture will be approximately 415 60 minutes at 75°F; significantly less time at elevated temperatures. The longer the material is in the bucket after mixihg, the shorter its pot life will be. Therefore, use immeldi- at~ly. SEMSTONE 145 may be extended by adding silica sand. This can provide a mom economical ·coating system and zs also useful when coating rough or mil~,:lly eroded concrete. a. Use only clean, dry, bagged 20/40 mesh m~md silica sand. b. Pour half the mixed SEMSTONE 145 into anot,her clean 5 gallon bucket. c. Slowly add sand to each bucket while blending wzth a J~ffy type m~xer. Do both buckets muned~- ately. d. You may add up to 3 parts, by weight, of sand to parr, by weight, of SEMSTONE 145. A 3 to I rauo ~ 9 produces a mixture of grout-like consistency. A _ to 1 rano produces a still fluid mixture and extends the volume of the liquid material by 100%. Thils is the optimum mixture for spray applications. e. The mixture may be sprayed or applied by notched trowel. If spraying, work the pole gun m a czrcular action to achieve an even coating thickness. When working a large or congested area, it may desirable for the applicator to wear g01f shoes. To obtain a nonskid surface, broadcast your grit me onto the coated surface before the coating gels. be SEMSTONE 145 issemi-leveting. When' used on'. an ar~a that has a pitch or slope, you will need a 2 to 1 silica sand mixture (see 3.d above) in order to keep the material from sliding. ! To coat vertical surfaces, use SEMSTONE 145 ~4th Part C added. 8. Prepare surfaces for intereoat adhesion as follows: a. Allow SEMSTONE 145 to cure until firm before recoating. b. After the surface cures firm to the touch, but less than 24 hours, it must be washed with soap and water, rinsed and dried Before recoating. c. Surfaces cured beyond 24 hours must be. washed with soap and water, rinsed, dried and lightly sanded or abrasive blasted. If work is interrupted, or atthe end of the day, terminate the'coating in a straight line. 10. As it cures; SEMSTONE 145 will sometimes develop a'thin, oily film on its surface. This film may be easily removed by washing with soap and water. CLEANUP Before it gets. SEMSTONE 145 may be cleaned from trois and equipment using hot, soapy water. After SEMSTONE 145 gels, xylene or MEK will be required. Chlorinated solvents may be used if flammable solvents are not allowed. SAFETY PRECAUTIONS FOR INDUSTRIAL USE ONLY. Avoid contact with eyes and skin: do not ingest or inhale. When working with SEMSTONE 145. always wear chemical goggles, robber gloves, and appropriate work clothing. When spraying in a confined area, also wear a fresh air hood· and make provision for forced ventilation. When spraying in an open area, a NIOSH approved respirator suitable for organic vapors can replace the fresh air hood. Prolonged or repeated exposure to the unreacted Part A and Part B components of SEMSTONE 145 may cause skin irritation or allergic reactions. ". Refer to material safety data sheets regarding individual components. SEMSTONE 145 · Page 4 I YEAR LIMITED WARRANTY For one year following sale, SENTRY POLYMERS, INC., F ,'epor~, Texas ("SENTRY") will replac~ any of its products that do not conform to its manufacturing stand,ds or. at its sole dis.c.r, etion, refund the proportionate sales price applicable to the nonconforming goods. Replacement product will be supplied at no charge, and FOB SENTRY'S facilities. Information and suggestions supplied by SENTRY, whetherlin its published literature or otherwise, including samnles, are believed to be accurate and reliable and are furnished in good faith. Such information and suggestions are supplied without charge and their use, and the use of SENTRY products is beyond SENTRY'S control. SENTRY'S products, information andlsuggestions are intended for USERS possessing skill and know-how in the industry. USERS are responsible, at their sole discretion and risk, to satisfy themselves regarding the suitability of SENTRY'~ products, information and suggestions for their particular circumstances. I SENTRY MAKES NO WARRANTIES. EXPRESS OR i[MPLIED, cONCERNING ITS PRODUCTS. INFORMATION AND SUGGESTIONS AND DISCLAIMS ALL WARRANTIES INCLUDING ANY I'MPLLED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.' This limited warranty will be rendered null and void by any o~e or more of the following: SENTRY is not paid timely and in full at Freeport, Texas, for all goods and services sold bv SENTRY for use on the applicable project; USER does not cooperate with SENTRY'S reasonable investigations re ardin the alle ed nonconformtng product: the product has been mtsused, abused or improperly maintained, g g g The provisions of this warranty supersede any provisions to the contrary in any of USER'S forms or documents or otherwise unless such contrary provisions are specifically acknowledged and agreed to in writing by SENTRY after receipt by SENTRY SOME STATES DO NOT ALLOW THE EXCLUSION L ' ,, · OR IMITATION OF PERSONAL INJ'URY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. SEMSTONE 145 · Page 5 DESCRIPTION AND USES -SEMSTONE 805 is a 100% solids, low odor, flexibilized n0volac epoxy. It is used for coating concrete and as a chemically resistant seal for expansion joints and other points of movement in concrete construction. SEMSTONE 805, as packaged, is a self-leveling material. However, i~.may be used as a high build coating system by the addition of a thi?d component, Part C, which is a non-silica thixotrope. The product may be applied by airless spray, notched trowel, squeegee, brush or roller. To make a trowel/caulk ~ade or putty, add Part C. SEMSTONE 805 provides an abrasion, chemical and water resistant coating that exhibits good flexibility allowing it to accommodate crack movement. Concrete slabs with severe cracking problems, as well as all construction and expansion joints, may be treated using SEMSTONE 805 reinforced with SEMSTONE 805 Coating Fabric. Refer to appropriate Sentry Polymers' Construction Details. SEMSTONE 805 is ideal for use as a secondary containment coating. PACKAGING/COVERAGE SEMSTONE 805 is available in 1 gallon and 2 gallon units. Each unit consists of premeasured Part A and Part B components. A bagged Pan C thixotropic agent is ordered separately for work on vertical surfaces. Coverage will be effected by the condition of the surface being coated (de~aded vs. smooth, steel vs. concrete, etc.) To figure THEORETICAL coverage per gallon, divide desired mil thickness into 1604. The result will be the number of square feerper gallon. SEMSTONE® 805 Flexible Epoxy ..Polymer Coating ntr 5500 E. HWY ~ 800-2~1-2544 FREEPORT, TID(AS 77541 Tensile Strength Tensile Elongation Hardness Shore A Pot Life Set Time Color TYPICAL PROPERTIES ASTM D - 638 ASTM D - 638 ' 500 - 700 psi 100% 55 - 60 30 - 45 mins @75°F 36 - 48 hrs @ 75°F Gray RELATED AND ANCILLARy PRODUCTS SEMSTONE 110 Damp Proof Epoxy Primer SEMSTONE 110-P/S Epoxy Penetrating Primer/Sealer SEMSTONE 140-S Epoxy Coating/Lining SEMSTONE 140-CT Epoxy Coating Cold Temperature. Formulation SEMCRETE 610 Rapid Hardening Undertayment Mortar SEMSTONE 805 Coating Fabric SEMSTONE 805 Joint Fabric Refer to separate technical bulletins on each product for uses. application instructions, etc. STORAGE AND SHELF LIFE Keep SEMSTONE 805 components tightly sealed in their original containers until ready for use. Store at 50 - 85°F, out · of direct sunlight. The optimum temperature for material workability is 75 - 85°F. Properly stored. SEMSTONE 805 has a minimum shelf life of one year. Refer to batch number on label for date of manufacture. For detailed chemical resistance refer to Sentry Polymers' Master chemical Resistance Guide. APPLICATION GUIDELINES TEMPERATURE CONSIDERATIONS The temperature of the surface to be coated, and the ambient air temperature should be at least 50°F during installation and curing. Twenty-four hours before application, all materials (components A, B, and C, etc.) should be stored at 75 - 85°F to facilitate handling. SURFACE PREPARA~ON - GENERAL Surfaces must be dry and free of dirt, dust, oil, ~ease, chemicals and other contaminants immediately prior to each application of SEMSTONE 805. SURFACE PREPARATION OF CONCRETE New concrete generally should be cured a minimum of 28 days. NOTE: Check with Sentu Polymers, Inc. for recom- mendations regarding concrete cured less than 28 days. Concrete must be structurally sound and must not contain any accelerators or curing compounds. 3. Remove all oil and grease. Remove all surface laitance and expose sound con- crete. We recommend abrasive blasting to do this. Other methods, such as acid etching and neutralizing, may also be used. Consult Sentry Polymers before using these methods. In general, any existing coating should be ~ompletely removed. In certain instances this may not be neces- sary, but consult with Sentry Polymers first. Always remove coatings which have failed due to lack of adhesion or thermal shock. Locate all expansion joints, control joints, floor drains. equipment base plates, mid-floor termination points, etc. Handle them according to Sentry Polymers' Construction Details. De~aded concrete on horizontal surfaces should be restored by using SEMSTONE 805 or SEMSTONE 140 bulked with aggregate 2:1 by weight and Part C, or use SEMCRETE 610. SEMSTONE 805 · Page 2 Fill all honeycombs, form voids, etc. in vertical sur- faces using SEMSTONE 805 or SEMSTONE 140 bulked with aggregate 2:1 by weight and Part C. or SEMCRETE 610 mixed and applied as a mortar. Treat all cracks according to Sentry. Polymers' Con- struction Details. SURFACE PREPARATION OF OTHER SEMSTONE-COATINGS .1,' Soap and water wash the surface of the cured coating: 2. Roughen the surface by sanding or abrasive blasting. 3. Remove dust and debris. -. · SURFACE PREPARATION OF INCIDENTAL STEEL Equipment base plates, pipe stands, etc. to be coated along with the concrete should be abrasive blasted to a near white metal finish with a 1 - 2 mil anchor profile. (Ref. SSPC-SP- 10) MASKING Mask surfaces that are not to be coated. SEMSTONE 805 is difficult to remove once applied. DEALING WITH BUBBLING AND PINHOLING Bubbling and pinholing are commonly encountered prob- lems when applying coatings over concrete. The predominant causes of these problems are: a. "Outgassing" of the concrete; b. Inadequate surface preparation: c. Air whipped into the coating, during mixing; d. Inadeqh'ate concrete cure and moisture. -_ Dealing with these causes should minimize, and in many cases eliminate, the problems of bubbling and pinholing. Outgassing Concrete is a very porous material. As it warms during the day it expels air, or "outgasses." A coating applied while the concrete is outgassing likely will develop bubbles and pin- holes. To avoid this, the first coat. usually SEMSTONE 110-?/S Primer/Sealer should be applied when the temperature of the concrete is falling. Usually this is from late afternoon into the night. Stop applying the material well before dawn, so it has time to set up firm to the touch before outgassing begins. This may be anywhere from one to six hours, depending upon the weather conditions. In addition, it is a good idea to shade the work area from direct suiflight. Surface Preparation A rough or irregular surface profile of the concrete can allow · little pockets of air to be trapped beneath the coating and thus create another source of bubbles and pinholes. A properly prepared concrete surface should be tightly fin- i~hecL with a texture similar to medium grit sandpaper, and should be free of ridges, depressions, and other irregularities. All bug holes and tbrm voids must be opened and filled. Excess Air A third source of bubbles and pinholes is air whipped into the coating during the mixing process. To minimize this prob- lem: l. Use a Jiffy type mixer, not a regular paddle mixer: 2. Mix at low speed: and. Do not repeatedly lift the mixer out of the material during the mixing. Moisture Another source of bubbles and pinholes is moisture contami- nation of resin, hardener, aggregates, or the reinforcing fab- tics. Store all materials in a dry storage area to avoid this problem: APPLICATION EQUIPMENT SEMSTONE 805 may be applied using a spray rig, notched trowel, brash or roller. SPRAYING SEMSTONE 805 (with or without Part C): We recommend the use of a single component airless rig for spraying SEMSTONE 805. See Equipment Specification 397-251, Graco King Always use spray equipment in accordance with manufacturer's instructions. SEMSTONE 805 · Page 3 o 4.. MIXING The components must be individually agitated imme- diately prior to use. Part A - Blend each Part A component to a uniform consistency in its individual container, using a Jiffy type mixer. Part B - Stir each Part B C'omponent to a uniform color in its individual container. Pour the entire contents of Part B into the container holding Part A and mix thoroughly for two minutes using a Jiffy .type mixer. If using Part C for vertical surface application, add the pre-measured bag of Part C slowly to the mixed resins and hardeners and blend until the Part C has been evenly dispersed. The amount of Part C may be ad- justed to meet job requirements. The pot life of the mixture will be approximately 30 - 45 minutes @ 75°F; significantly less time at elevated temperatures. The longer the material is in the bucket after mixing, the shorter its pot life will be. Use it immediately. APPLICATION INSTRUCTIONS Instructions For Unreinforced Coating Applications Before proceeding, read paragraphs titled "Dealing with Bubbling and Pinholing". Ail surfaces to receive the SEMSTONE 805 coating must be primed with SEMSTONE 110-PIS Primer/ Sealer prior to applying coating. When the primer has dried, apply the SEMSTONE 805 using your preferred application tools. If work is interrupted, or at the end of the day, terminate the coating in a straight line. After the SEMSTONE coating system has cured, it is advisable to wash the surface with hot soapy water and rinse thoroughly with clean water. °¸ Instructions For Reinforced Coating Application . All surfaces to receive the reinforced SEMSTONE 805 coating must be primed with SEMSTONE 1 i0 - P/S Primer/Sealer prior to applying coating. When the primer has cured tack free apply SEMSTONE 805 to a minimum of 40 - 50 mils thicl< using your preferred application tools. Immediately embed a layer of SEMSTONE 805 Coat- ing Fabric into the wet base coat; Use a short napped felt roller to work the fabric into the wet material until the entire surface is saturated with SEMSTONE 805. Wor!5 the short napped roller starting from the center of the fabric and roll to the outer edges to saturate coating fabric and work out trapped air. The fabric should lay flat without wrinkles. Overlap seams a minimum of 2". Apply a liberal coat of SEMSTONE 805 between overlapped seams. If work is interrupted, or at the end of the day, terminate the coating in a straight line. After the SEMSTONE coatin~dlining system has cured. it is advisable to wash the surface with hot soapy water and rinse thoroughly with clean water. Instructions For Use In Construction and Expansion Joints Sentry Polymers has Construction Detail figures for the treatment of construction and expansion joints. Refer to these construction detail figures for actual installation of the type of joint treatment you require. SEMSTONE 805 · Page 4 CLEANUP SAFETY PRECAUTIONS Remove all masking tape from items masked for protection during installation. Before it gels. SEMSTONE 805 may be cleaned from tools and equipment using hot. soapy water. After SEMSTONE 805 gels. xylene or MEK will be required. Chlorinated solvents may be used if flammable solvents are not allowed. FOR INDUSTRIAL USE ONLY. Avoid contact with eyes and skin; do not ingest or inhale. When working with SEMS.TONE 805, always wear chemical goggles, rubber gloves, and appropriate work clothing. When spraying in a confined area. also wear a fresh air hood and make provision for forced ventilation. When spraying in a open area. an organic mist respirator can replace the fresh air hood. Prolonged or repeated exposure to SEMSTONE 805 may cause skin imtation or allergic reactions. ;. Refer to Material Safety Data Sheets regarding individual components. 1 YEAR LIMITED WARRANTY For one year following sale. SENTRY POLYMERS, INC., Freeport. Texas ("SENTRY") will replace any of its products that do not conform to its manufactunng standards or. at its sole discretion, refund the proportionate sales price applicable to the nonconforming goods. Replacement product will be supplied at no charge. and FOB SENTRY'S facilities. Information and suggestions supplied bySENTRY, whether in its published literature or otherwise, including samples, are believed to be accurate and reliable and are furnished in good faith. Such information and suggestions are supplied without charge and their use, and the use of SENTRY products is beyond SENTRY'S control. SENTRY'S products, information and suggestions are intended for USERS possessing skill and know-how in the industry,. USERS are responsible, at their ~01e discretion and risk. to satisfy themselves regarding the suitability of SENTRY'S products, information and suggestions for their particular circumstances. SENTRY MAKES NO WARRANTIES. EXPRESS OR IMPLIED. CONCERNING ITS PRODUCTS, INFORMATION AND SUGGESTIONS AND DISCLAIMS ALL WARRANTIES INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. This limited warranty will be rendered null and void by any one or more of the following: SENTRY is not paid timely and in full at Freeport. Texas. for all goods and services sold by SENTRY for use on the applicable project: USER does not cooperate with SE.NTRY'S reasonable investigations regarding the alleged nonconforming product; the product has been misused, abused or improperly maintained. The provisions of this warranty supersede any provisions to the contrary in any of USER'S forms or documents or otherwise unless such contrary provisions are specifically acknowledged and agreed to in writing by SENTRY after receipt by SENTRY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PERSONAL INJURY. INCIDENTAL OR CONSEQUENTIAL DAMAGES. SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. SEMSTONE 805 - Page 5 DESCRIPTION AND USES SEMLASTIC 5000 is a two component fluoroelastomer sealant which provides excellent resistance to a wide- variety of aggressive chemicals while retaining excellent flexibility over extreme temperature ranges. The catalyzed material has a sufficiently low viscosity allowing it to be applied to horizontal areas by pouring directly from the mixing container. The applied product can then be troweled to the proper configuration and thickness. SEMLASTIC 5000 can be used for application on vertical surfaces bY adding a bagged Part C thixotropic agent. Application of either the horizontal or vertical mixture in filling small cracks or joints can also be achieved by' use of a caulking tube. The applied material can then be spread with a trowel or a spatula. The use of SEMLASTIC 5200 primer is recommended under SEMLASTIC 5000 fluoroelastomer seal- ant. A primary application of SEMLASTIC 5000 is its use as a top coat over SEMSTONE 805 flexibilized epoxy joint details to provide enhanced chemical resistance. Other SEMSTONE products as well as steel and concrete can also be successfully coated with SEMSTONE fluoroelastomer products. SEMLASTIC 5000 is available in black. SEMLASTIC 5100 is. a lower viscosity version of SEMLASTIC 5000 and is ideally suited for application on horizontal surfaces by either brush or roller. SEMLASTIC 5100 is most commonly used in applications where a smoother appearance is desired or only a thin film is required, such as a cosmetic touch up. Use of a primer under SEMLASTIC 5100 is not required. SEM'LASTIC 5100 is available in black. SEMLASTIC 5200 is a very low solids version of SEMLASTIC 5000 and is the recommended primer under SEMLASTIC 5000 to provide enhanced adhesion. Priming is a required step when coating SEMSTONE 805 with SEMLASTIC 5000 fluoroelastomer sealant. The primer is available in black. PACKAGING/COVERAGE SEMLASTIC fluoroelastomer products are available in 0.8 and 0.2 gallon units. Each unit consists of a Part A base.component and the corresponding Part B catalyst. The recommended thickness for both the SEMLASTIC 5000 and SEMLASTIC 5100 when used as coatings is a DFT of 8 to 10 mils. This thickness can be achieved with one coat of SEMLASTIC 5000 or two coats of the brushable SEMLASTIC 5100. The recommended DFT for SEMLASTIC 5200 primer is 1/2 - 1 mil and is achieved in one coat. SEMLASTIC 5000, 5100, 5200 --Two Component Fiuoroelastomer Sealant FREEPORT, TEXAS 77541 CHEMICAL RESISTANCE GUIDE This guide is intended as an aid in determining the potential usefulness of SEMLASTIC 5000, 5100, 5200 as a protective barrier against chemical exposure. Each application should be evaluated according to its particular circumstances and conditions. KEY: 1 = Suitable for constant immersion 2 = Suitable for shorter ten'n containment and continual spillage 3 = Suitable for intermittent spills when followed promptly with water flushing NR = Not recommended ~. C = Consult Sentry Polymers. Inc. For chemicals not'listed refer to SEMSTONE 805 in the Master Chemical Resistance Guide. ACETALDEHYDE NR CRESOL 1 ACETIC ACID, 0-6% 2 CRESYLIC 1 ACETIC ACID, GLACIAL 3 DICHLOROACETIC ACID 2 ACETIC ANHYDRIDE NR DICHLOROBENZENE 1 . ACETONE NR DIETHYLAMINE NR ACET'YL BROMIDE 2 DIETHYL KETONE NR ACETYL CHLORIDE 1 DIMETHYLFORMAMIDE NR ACRYLONITRILE I 2 DINITROBENZENE 1 ALLYL ALCOHOLI 2 DIVINYI_BENZENE I 1 ALLYL CHLORIDE 1 EPICHLOROHYDRIN ! 2 AMYL ACETATE NR ETHYL ALCOHOL ! 2 AMYL ALCOHOL 2 ETHYLAMINE ANILINE 2 ETHYL BENZENE 1 1 ANILINE HYDROCHLORIDE 2 ETHYL BROMIDE I 1 AQUA REG1A 1 ETHYL CHLORIDE I 1 ARSENIC ACID 1 ETHYL CHLOROFORMATE I 1 BENZALDEHYDE I NR ETHYLENE DICHLORIDE {EDC) I 1 BENZENE BROMINE GAS (DRY & WE~ I 2 ETHYL ETHER t NR BROMINE, LIQUID 1 FORMALDEHYDE, 0-40% ] 1 BROMINE WATER, 5% 1 FORMALDEHYDE. 40-100% ] 2 BUTYL ALCOHOL 1 FORMIC ACID' I 2 BUTYLAMINE NR FURFURAL I NR BUTYL ETHER NR GLYCOLIC ACID 2 N-BUTYRIC ACID 2 HYDRAZINE 2 CARBOLIC ACID 1 HYDRIODIC ACID 1 CARBON DISULFIDE 1 HYDROBROMIC ACID, 0-40% 1 CARBON TETRACHLORIDE '1' HYDROCHLORIC ACID, 0-37% 1 CHLORINE GAS (DRY & WET), 2 HYDROFLUORIC ACID, 0-75% 1 CHLOROACETIC ACID" 2 HYPOCHLOROUS ACID I CHLOROBENZENE {MONO) 1 IODINE 1 CHLOROFORM 1 MALEIC ACID 3 CHLOROPHENOL 1 METHANOL 2 CHLOROPYRIDINE tTETRA) 2 METHYL ACETATE NR CHLOROSULFONIC ACID 3 METHYL ALCOHOL 2 CHLOROTOLUENE 1 METHYL CHLORIDE 2 CHROMIC ACID, 0-50% 1 METHYLENE CHLORIDE 2 SEMLASTIC 5000, 5100, 5200 · Page 2 METHYL ETHYL KETONE NR METHYL ISOBUTYL KETONE NR METHYL METHACRYLATE NR METHYL OLEATE 2 MONOCHLOROACETIC ACID 2 MONOETHANOLAMINE 1 NITRIC ACID, 0-67% 1 NITROBENZENE 2 OLEtC ACID 1 OLEUM I 1 OXALIC ACID I 1 PENTACHLOROETHANEI 1 PERCHLORIC ACID 1 PERCHLOROETHYLENE 1 PHENOL. 0-100% 1 PHOSPHORIC ACID, 100% I 1 PHOSPHOROUS OXYCHLORIDE I 1 PHOSPHOROUS TRICHLORIDE 1 PICRIC ACID. 10% IN ALCOHOL 1 POTASSIUM PERMANGANATE 1 PROPYL ALCOHOL 1 PYRIDINE 3 SODIUM CHLORITE NR STYRENE 2 SULFURIC ACID, 0-98% 1 TETRACHLOROETHANE 1 TETRACHLOROETHYLENE 1 TETRAHYDROFURAN 3 TOLUENE 1 TRICHLORACET1C ACID .. 2 TRICHLOROBENZENE "1 TRICHLOROETHANE 1 TRICHLOROETHYLENE 1 TRIETHYLAMINE 1 TRIETHYLENETETRAMINE 1 VINYL CHLORIDE 1 APPLICATION DATA PRODUCT DESCRiPTioN VOLUME THEORETICAL COVERAGE SOLIDS % DFT Per Coat I Sq. FtJ.8 Gal Troweiable 48 ft.~ SEMLASTIC 5000 37.5% 8-10 mils Caulk at 10 mils Brushable 23 ft.2 SEMLASTiC 5100 18% 8-10 mils Top Coat at 10 mils * 115 ft.2 SEMLASTlC 5200 Primer 9% 1/2-1 mils at 1 mil * Applied in two coats RECOAT AND CURE SCHEDULE POT LIFE RECOAT TIMES CURE TIMES AT 75° F PRODUCT AT 75° F AT 75° F min. Light Traffic I Heavy Traffic Chemical Exposure SEMLASTlC ,5000 1-2 hrs. 1-11/2 hrs. 12-24 hrs. 24-48 hrs. 48-72 hrs. 5100 t 3-4 hrs. 1/2-I hrs. 12-24 hrs. 24-48 hrs. 48-72 hrs. SEMLASTiC SEMLASTIC ,5200 6-8 hrs. 30 min. N/A N/A N/A STORAGE AND SHELF LIFE Store all SEMLASTIC fluoroelastomer components in a dry storage area at 50°F to 80°F. Ensure that all containers remain tightly closed so that no solvent loss occurs because all components are FLAMMABLE. Properly stored, SEMLASTIC fluoroelastomer products have a minimum shelf life of one year. APPLICATION GUIDELINES Temperature Considerations Prior to application the materials should be stored at 70°F - 90°F.for at least 24 hours. During application of the primer, temperature of the substrate should be above 40°F. During application of either the caulk or brushable grades, the temperature of the substrate should be above 50°F. , Maximum temperature of the substrate during applica- tion of any of the SEMLASTIC fluoroelastomer products should be 100°F - i 10°F. o Because extremely volatile solvents are used in ail of the herein described products, all containers should be covered at all times when not in use. SURFACE PREPARATION When the surface to be coated is freshly applied SEMSTONE 805, it should be allowed a cure time of 16-24 hours before being prepared for coating with SEMLASTIC fluoroetastomer products. After proper cure, the SEMSTONE 805 should be thoroughly washed with a water/soap solution and dried before being coated. Light sanding or abrasive blasting will improve adhesion. Aged SEMSTONE 805 should be prepared in a similar manner prior to being coated with any of the SEMLASTIC fluoroelastomer products. Other SEMSTONE products should be handled in a similar manner. ::. _ . Concrete surfaces should be lightly abrasive blasted to remove loosely adhering panicles. Surface should be dry and free of all contaminants. Steel surfaces should be blasted to a near white metal finish with a 2-3 mil anchor profile. Preferred coating material will be the SEMLASTIC 5100. Priming will not be required. SEMLASTIC 5000, 5100, 5200 - Page 3 REPAIR OF STRUCTURAL CRACKS Repair of strUctural cracks can be accomplished by first routing an opening cfa I/4" x 1/4" dimension. Afterremoval of residual dust and debris, the cavity is primed with SEMLASTIC 5200. After solvents have flashed from the primer and it is tack free. the cavity is filled with SEMLASTIC 5000. Due to the high level of solvent which must escape from the product, the application should be made in two passes. This two step approach will minimize the bubbling which occurs due to solvent .and air release. As a general guideline the thickness of a single pour should not exceed MIXING AND APPLICATION IMPORTANT: Do NOT add Part C, or any other fillers to SEMLASTIC 5100 or SEMLASTIC 5200. Proper mixing'of SEMLASTIC fluoroelastomer prod- ucts is an essential part of the application process. For SEMLASTIC 5000 caulk, first mix Part A for 1-2 minutes then add the Part B catalyst and mix until it is completely dissolved in the mix. Mixing is best achieved by hand stirring or use of a planetary mixer. A high speed mechanical mixer is not recommended because it will introduce excess air into the product and generate internal heat. Addition of the Part C thixotropic agent should be made to the SEMLASTIC 5000 only after the catalyst has been mixed into the Part A component. When mixing SEMLASTIC 5100 or SEaMLASTIC 5200 it is necessary, to thoroughly mix the Part A component before addition of the Part B catalyst. During mixing, check sides and bottom of container to ensure that all material is uniformly distributed. Al- though these two products are considerably less viscous than the caulk D'ade, it is also necessary to utilize similar mixing techniques. 4.. Application of SEMLASTIC 5000 caulk can be ac- complished only with a trowel or similar type application equipment. Marking of termination points can best be achieved with a chalk line marker. The use of tape is not recommended especially during warm temperatures. Tape can be used if the application temperature is below 80°F and the tape is removed immediately after the material is applied. 5. Application of both the SE~MLASTIC 5100 brushable sealant and SEMLASTIC 5200 primer can be made with brush orroller. Handling of termination points for the SEMLASTIC 5100 brushable are the same as discussed previously for the caulk Fade sealant. Marking of termination points for the primer can be done with tape or chalk line. but tape must be pulled . immediately after application. CLEAN UP Clean all tools and equipment with MEK or MIBK. SAFETY PRECAUTIONS For Industrial Use Only. Due to the solvent present in all SE~MLASTIC fluoroelastomer · components, they are FLAMMABLE and appropriate pre- caution should be taken when working with these materials. Because of the solvent in all Part A components, forced ventilation is required during application. A NIOSH ap- proved air supply hood is required in confined areas or areas with stagnant air. Refer to Material Safety Data Sheets regarding individUal components and for information on methods of disposaL. I YEAR LIMITED WARRANTY For one year following sale. SENTRY POLYMER&INC.. Freeport. Texas ("SENTRY") will replace any of its products that do not conform to its manufacturing standards or. at its sole discretion, refund the proportionate sales price applicable to the nonconforming goods. Replacement product will be supplied at no charge, and FOB SENTRY'S facilities. Information and suggestions supplied by SENTRY. whether in its published literature or otherwise, including samples, are believed to be accurate and reliable and are furnished in good faith. Such information and suggestions are supplied without charge and their use. and the use of SENTRY productsAs bevood SENTRY'S control. SENTRY'S products. int'ormadon and suggestions are intended for USERS possessing skill and know-how in ~e industry. USERS are responsible, at their sole discretion and risk. to satisfy theni~elves regarding the suitability of SENTRY'S products, information and suggestions for their particular circumstances. SEIqVI'RY MAKES NO WARRANTIES. EXPRESS OR IMPLIED, CONCERNING ITS PRODUCTS. INFORMATION AND SUGGESTIONS AND DISCLAIMS ALL WARRANTIES INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. This limited warranty will be rendered null and void by any one or more of the fo low ng: SENTRY is not paid timely and in full at Freeport. Texas. for all goods and services sold by SENTRY for use on the applicable project: USER does not cooperate with SENTRY'S reasonable investigations regardint the alleged nonconforming product: the product has been misused, abused or improperly maintained. - - The provisions of this warranty supersede any provisions to the contrary in any of USER'S forms or documents or otherwise unless such contrary provisions are 'specifically acknowledged and agreed to in writing by SENTRY after receipt hy SENTRY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PERSONAL INJURY. INCIDENTAL OR CONSEQUENTIAL DAMAGES. SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. SEMLASTIC 5000, 5100, 5200 · Page 4 INCIDENT REPORT Date: Location: Business: Contact: Phone: May 16, 1995 7301 District Blvd Nestle Ice Cream Facility Cheri Rhoades, Safety Mgr 395-3500 Report by: H. Wines, Haz-Mat Technician NARRATIVE On Wednesday, May 15, 1995 at approx. 1500hrs, I received a phone call from TIM RYAN of Bakersfield City Wastewater. RYAN had been notified by Nestle personnel, CHERI RHOADES that a spill of sodium hydroxide had occurred at nestle and that the spilled material had leaked into the sewer manhole that was adjacent to the sodium hydroxide storage area. TIM RYAN had been to the site of the spill and estimated that approx. 50 gallons of sodium hydroxide was involved. I called CHERI RHOADES to ask about the spill and also why wasn't the Bakersfield Fire Dept. notified as the local AA for haz-mat releases. RHOADES said the spill was due to a leak in the transfer pump and that the spilled material was mostly contained except for where some had drained out into the soil through a buried hole in the containment trough. RHOADES said that an environmental contractor, Advanced Cleanup Technologies, Inc. (ACTI) was to perform soil sampling at 0900hrs on Tuesday, May 16, 1995. I phoned JOE CANAS at Kern Co. Env. Health and informed him of what had occurred, that there was a possibility of an injection well situation concerning the buried hole that drained the containment area into the soil, and the time that soil sampling was to be performed by ACTI. CANAS said he would contact Nestle himself before he would make a decision to involve his agency. I visited the site of the spill on Tues., May 16, 1995 at 0900hrs. ACTI was on site. HENRY GARCIA was the project manager for ACTI. Nestle personnel RHOADES and MEL BALFOUR were present. BC Labs collected the soil samples. The spill was caused by a break or hole in a PVC 90 degree elbow at one of the sodium hydroxide transfer pumps. A drainage hole in the transfer pump containment area allowed the spilled material to seep into the soil and presumably leak into the adjacent sewer manhole, which caused Nestle's pretreatment pH monitor to alarm on the day of the spill. ^CTI will remove and dispose of the waste liquid and soil, and perform repairs to the containment area. The repairs are to include plugging the drain hole, and applying coating to the inside of the containment area. I requested from Nestle a written summary of the spill event, along with ACTI's proposal for remediation and repairS'at the site. NO FURTHER AT THIS TIME.