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HomeMy WebLinkAboutHAZARDOUS WASTE_ _ ~~ `~q,OC~ {~oS~~JA1-E ,l-~Gtl4~ (t-PAZ-c~rasr<'> ~~° II WALLMART/EQUILLON ~, ~ CASE FILE a of cr~;:,~ ~lll ® J~~~o~Oti _ '~ l/U ~ ,. UPC 10333 YV0~15SL-3~ ~ , , ~o- ~`~,J HASTINGS, MN ,~ ,,' - pLEASE R~TLJR~ W~TH YO~ PAV~= ~.SE. : ~o~2 ~', . ~~A~C~ ADVICE REP · 343 SNYDER ~ . SALES · ~ Ashlana Core.ny BILLING ADDRESS BAKERSF[ELO FIRE OEPT. CONSIGNEE BAKERSFZELD FZRE DEPT. (WASTE) 1715 CHESTER AVE. CA 93301 BAKERSFIELD 1?15 CHESTER AVE. BAKERSFIELD CA 93301 ~sHLAND DZSTR[BUT[ON CO. FZLE NO 53192 .OS ANGELES CA 900743192 MISCELLANEOUS HASTE DISPOSAL STAKEBED TRUCK HITH LIFTGATE MISCELLANEOUS HASTE DISPOSAL SUPERVISOR STANDARD TIME (8HR) MISCELLANEOUS HASTE DISPOSAL 55 GALLON DRUM MISCELLANEOUS HASTE DISPOSAL VERMICULITE MISCELLANEOUS HASTE DISPOSAL PERSONAL PROTECTIVE CLOTHING LAB PACK HASTE, LABEL DRUHS AND TRANSPORTED. 4/18/00 FOR INFORMATION ON THIS INVOICE CALL - 800-637-7922 BLK BLK BLK BLK BLK 1.00 8.00 1.00 2. O0 1.00 175.00000 60.00000 46.00000 32.00000 46.00000 175.00 480.00 46.00 64.00 46.00 TOTAL INVOICE 811.00 ORIGINAL INVOICE CUSTOMER ORDER NUMBER PAYMENT TERMS SHIPPED FROM SHIPPED VIA NET 30 DAYS(HASTE UTAH FREIGHT TERMS DATE ShiPPbU INVOICE DATE CAR NUMBER SALES REP. LD. NUMBER OUR ORDER NUMBER DESTINATI'ON 06-02-00 06-02-00 SNYDER I ................................................................................ , ...... , I I ........ I I xu/:, .1 ::::::::::::::::::::::::::::::::::ESCRi!PTiON!COOE I ~SCELLANEOUS ~ASTE D~SPOSAL 1.~ BLK 1.00 E 175.00000 175.00 STAKEBED TRU~ ~ITH L~FT~TE ~ M~scELLANEOUS ~ASTE DISPOSAL 8.00 BLK 8.~ E 60.0~00 480.O0 ~ SUPERVISOR STANDARD T~ME (8HR I .=SC .EOUS .RSTE OZS.0S* ..... MZSCELLANEOUSvE~Z~LZTE HASTE DZSPOSAL ::.~:~;~2~?~~ ~B~?::'~:, :~.~ ~ :~ ~.~'~ ~ 32.0~ 64.00 MISCELLANEOUS ~ASTE DISPOSAL ~ PERSO~L PROTECTIVE CLOTHING ;.,~ ::;~ ~L~;~? ~ ~;~ ~;,~ 46.0~0 46.~ r LAB PA~ ~ASTE, LABEL DRUMS AND TRANSPORTED. 4/18/~ ~ F~ INFO, ~TZON ON~ZS I~0ICE CALL - 8~-637:5~ ~ ::,¥ ...... ~ ..... ~: ~ ~;;: ~:~? ......... FEDERAL ID~ 61-O1222~0 ~N~ P OR [B-POUNDS ' E er EA-EACH PT-PI~S I-lONG TONS G OR G[-~A[[ONS H er EW-HUNDRED ~ QT-QUARTS T-TONS TOTAL INVOICE K OR KG-KIlOGRAM~ ET-CO~AINER Y-YARDS MT-M~RIC TONS R-ROIlS ~-FE~ PLEASE REFER TO INVOICE NUtVlBER ON ALL CORRESPONDENCE. CUSTO~ER~o 129 8459560NUMBER 000 ' ~NVO~CEoBo 699527NUUBER Please see reverse side for important terms relating to payment. CONSIGNEE B~KERSFIELD FIRE DEPT. (HASTE) 1715 CHESTER AVE. BAKERSFIELD CA 93301 BILLING ADDRESS BAKERSFIELD FIRE DEPT. 1715 CHESTER AVE. BAKERSFIELD CA 93301 IREM~ TO ASHLAND DISTRIBUTZON CO. FILE NO S3192 LOS ANGELES CA 900743192 REMOVE SIDE EDGES FIRST THEN FOLD CREASE AND TEAR THIS STUB ALONG LINES TERMS AND CONDITIONS (as of 5/9 1) 1. Payment of this invoice constitutes final acceptance by the Customer of the products desc,~!b, ed on the invoice. 2. Payments not made within the terms stated on the front of this invoice are subject_.to late payment charges by Seller. 3. Any communications concerning disputed debts, including but not limited to, an instrument,tendered as full satisfaction of a debt, are to be sent to the following address: ~, Ashland® Ashland Distribution Company Division of Ashland Inc. Ashland Distribution Company Post Office Box 2219 Columbus, Ohio 43216 ',!~VOICE ENCLOSED Ashland Distribution Company Attention: Credit Department P.O. Box 2219 Columbus, Ohio 43216 BAKERSFIELD FIRE DEPT'. 1715 CHESTER AVE. BAKERSFIELD CA U.S. POSTAGE FIRST CLASS MAIL 93301 50 129 8459560 000 \ Environmental Services Ashland Distribution Company Division of Ashland Inc. Tony Snyder Territory Manager 1851 East First Street Suite 700 Santa Aha, CA 92705 Tel: (714) 571-4788 Mobile: (714} 812-3838 Fax: (714) 508-9034 tmsnyder@ashland.com pnnalties~specified in sections 25189 and 25189:2 and.~subdivisinn (a) 0f Section 25191.- .... ~,..-~ v~. ' .~. :::, .:..: ~.-:: ~... l:)I'~'~f''' ';~ .'.' , ' ~ " , .'' '-',','v .':- ....... .. (f). The disclosure ~tatement submitted pii~suant to' si~bdiVi- s't6~i,'0~) i§ exeifipt f/'otfi the requkem~ht~6~ihe Californh ?t/bile ~3~i~& ;Aa (Ch~/~ter '3 5 (comm/m6fi/~-with' Seeti6n 6250) 6f ~,?~s~,0n >7. of T~t!e A of the Government. C6d6)., (Added..jby ,tii~..19,86,:.c... 130,1, .§,.8J Arfiend~d"'~l~' Stdts 19.~'9, c[ ?57, § 4; &;ii~.·/~,·~ 030. (s.s:ml),'~ 2s ) ......... ~·T ':~" § 25186.6: ' ~umma~-a~d aispd~lti&i ~f 6as'~',a'iie~i~ig '~i~ia. ..::c ti6nS;~:"tmnsmltlal' to attorne;y' general;: "caSes'requii. ing ,.. (a) In any case .filed in. any court or ~dministrafive 'iribunal, including,_.,bu~t::n0t limi.te.d to, the Office .of Administrative Hearings, Mlich alleges, any violatior~ oir' this chap't~r Or any Statute; regulation, or requirement Sl~ec.ff. ied in Sectio0 25186, the .prosecuting attorney shall, within 30 days of the date of filing, ~'grward, go the office of Attorney General located in ,the City o.f..I~.s Angbles, a summary of the case_ :which proyides all of "(1) 'The fuse nan~'~'~nd ~art 0~ ad~irii~"t~flxC~'humbel-. · w.(.). The,.court..or adma'ustrauve tnbun~l, m~.~hieh the case is 'r"(3)'~'The.:a'genCypiosecating the ca'ed --:r:,::,~:':., ·..:: ..:.. (4) The name, business address, and telephone number of the · ............ ..: ".::: [.-~, .' : .7!(6) ~The statutes, regulations, or.~require..ments which-are alleged to have been violated. , (6).~Th'e.date of filing and date or, dates of alle~ted violation[. '" t 1. ~,.n,e names, addresses, and tele hone numbem of all r~po~..dents o'r di!f6ndants'in the hcti6~.~;r-': t· :.:,:;,:::,;r..: 'J' g' Uf:':':~' '~";'~' ' '·" ' ' 's · ~,:i(9)::~T~ae:status of.the case;. :,.. ~ .:v:!;:U :,:.~ .i,::¢:. :.. ~: ;~21~!t.~.h~n~' j~0 Mays'bf the' e0nel~/s/~ ·~i/ a";~a~;: ¥~i:ified in ?~!9n. (~) ~by.'verdigt, :~wh'.rd, jddg.m'.~m; j~i~s~!j(~!, 9r%etile: merit, me:pm~dcuting attomey'shallToi{vaiM;:'~b the'~ffi~:~6f the Attorney General located in ~thi'~ City of6the ~:inf0rmation required 'by 'subdivisi6n~(a), incldding a statement describing the final outcome'of the case::::~i.'. -. g t 'for 15iirpbses of daiifying; 6~foicing, limitin~ or overturning any case which arose out 'of a ~ioia~iaa of ch~;i~t/~; 6t",statute; regulation; o~ ..req6irement 'Sl~cified in S~cti6ii~25t86, including, b/it not limited to; 'appeals, actions 'for &/~'.~i]~.',.'.:and revocations ofprnbation. (,4dded by Stats. 1989, c. § 25186.7.': Suspension or revocation of" authorization; The de~,'~//nt may susPend or revoke any gl'ant of authori: zation ?. 0~e.'pUrSuant to a Permit-by-rule or authofizafion to COndu~'tr/~,/fflhcnt purSuant to subdivision" (iQ 6i: (c) Of ?~ction 2.5 '_2.0:_!'~},tn'/i'c~rdance with' the br0cedures s~e~ified in aeeti0m 2~l~'.Ttn'd 25186.2, for a~ elite grbunds specified in aSfCtio.n 25.186.':~[~ay suspend or revoki any gi'ant'of condition- authonzat~on'.gt~ted purSuant to Siction :25200.3 in actor. dance with the procedures specified in Sectlons"25186.1 and 25186.2, for any oLthe grounds specified in Section 25186 or as specified in subdivision 0) of Section ,25200.3. (Added by Stats. J992, c. 1345.(~1.B. 1~72), § 6.) ,- .,.~ ; · ~ - snl~¢°mg" § 25187.~ OrderSpeeifytng ~schedule for:~mpliance or , tioa',and imposing,adm~fi~ penal~ .for · '. o~:of ~m~ies;.. se~; h~g;:,~e~ dispositio " . penalti~:::~., . :-; :,~.. ~,. ~:. ,:....~;..:~ ~;;. (a)(l,)-Whenever the:dep~ent, a unified program antho~d, pu~uant.~to, pam~ph (2);:qoml health an~oriied purmant 'to, Sectibn,~ 187.7; 'or .a Ioml;Oublic desi~at~ by the dimaor.pUmu~t tb-subdMsiow ~180 anti'author,'pursuit to S~ion; ~187:7 · at"any ~mofi ha~ :holated,=:is :in.:~olafion 6fi or threatens, defined in subdMsi6n (e)'of S~fion' 133~of. the Water Code, holate,. this' chiPter, Chapter 6.8 (mmmenc~gv With. Secti~ ~300) of this dMsion, or ~fide 3:(mmme'ncing,with Seaion 1149~) of Chapter 8 of Pan 9 of DMsion 1~, or any pe~ role, re~lation, standard,, or'~quimment issued or adopted pursuant to this.chapter, Chapter 6.8 (m~encing with Section ~300) of this dMsion, or ~de 3 (m~enoing with Section- 114990) of Chapter 8. of Pan. 9 .of Division 1~, or ~e department, an auih0r~ed ~n~d::pi6~r~ ~agen~, an auth> ~ed loc~ 'health 0ffi~r; or ~'au~or~ed.l~l public deter~nes that·/here is or h~ b~n :a::~leaSe;:.as defined ~b~g~r,..~:8 (~.~e~q~g.~w}~,~. ~),~,0f h~ard0~ waste 'facili,, th["'~e~d~ent~, ~'.'~ht~6~d"hh~fiid progrm i~fi~?ifiih0~'d'local'fi~alih'~ffi&i, 6i ~fith6~ifflocal public 0fficer"~a~ 'issUe '~ 'o/der ~i a :~e~edule~'fo/mmpli~& 6F.~icfi6n 'in~ '.~iifi~ ~' a~katig&"~hal~ for a~ h01ati6h~.0f i~s'cfiapter 0r'afiy'~mit, ~e; ~i~laiion, stand~ oi'reqfikemin{' isiued' bFidopt~ pu~u~nt fo ~is chapter.:' h th~ '~se' ~f'a }ii~i~ of h~d0~'W~ie:bi mh~/i~efits into e~o~}~/~fi~. ~h:'h~rd6&.~ii-h~i~'ihi~is required i0 oOta~ h' ~i~t :bumuint'i6 ~61e 9 '(~'~i~g ~th S~cti6n ~ 2ffi);:: ?th~ d~a~eh i :'/i~: :~': ~e ~ [~{~iis available ~der. ~ chapter, ~clu~:"ffie~ i~CoF~fi: brder' f6r m~e ~a~on :~u~t~ to ~:~on~..before ,m~g the leg~ ~m~e! ~a~flable;~t: m ~apt~: 63 :(~encing ' (A~eie:th~ *~n Who.~is-k~nsible' f0r ~the rele~ voluntary reques~ ~ wfit~g that ~e depa~mini~ue an to ~at pe~n to t~e m~ective talon pumuant to Chapter 68 (cementing ruth' Section 253ffi) ~ - .... .' ' ( ) ~ere the pemonwho ~ r~nsible for the release ~ ~abi6'i~::~9':f0Y he' ~si' of'm~ '&~i¢'h"~6 :address the rel~a~.'-F& "p~seg' ~f"thi~ sUbp~g~3h; the' ~'~biliw det~' ~ ~a~)ahn~~ ~itfi~th~ ~d~s ~g~ihe ~fihronment~ Pro~e~bfir':Agefi~ ~6~' the i~l~6~ati6fi ~f 'S~dtion 9605 0f ' tCi, .~'>' 3',5'.,~g~:[z :..::..~* .-/ .~; * ......., ~;. ,:.. , ~ . -. ~ I waere me pe~son 'res~n~ible for'ihi release is unwfll~g t0 peff6~m"~r{~cHve"a~tioh to hddre~ ~e" ~eiease For pur~ses~bf'}tbis subpa~&~aph, ~e ~lin~ss 6f a pe;son t0 take m~ectiv6' actibn.sh~l be detem~ed ifi'~6~dance with the ~licies of the En~rohmental Protection ~efi~ for the imple- ment'aiio~ 0fSection 9605 0f T~tl~ 42 of t~e United States Code. (D) ~ere..th~ rele~e .i~ pm '0f a r~g~0n~ 0r multisite ~oun~ate[ ~mamnation problem that m~ot, ~ its entire~, be ad~e~gd.usi~ ~e..legal r,m~m av~lablo' pursuant to t~ ~apteh~d ~or.which other relea~s that ~e pa~ of. the region~ or mglti~te:~gun~ater ~ntmtion problem .are berg addressed using the l~l'mmedies a~ble pursuant to Chapter 6.8 (mmmencing with Section ~3~). 2 (E)'~Wh~re'~'~er for' m~e~' aedon has'already bee~ ~ued agaimt 'the '~on 're~nsible- f6r'the r61ease, or the department and the *pemon ms~sible for 'ihe release have, prior to Janua~ 1, 1996, entered ~ ~ a~eement to addre~ the req~md cleanup of the mle~ ~mu~t to Chapter 6. (m~enc~g ~ Section ~3~) .... . ~ shall ~nsi and 't6 e~ issued hc act~O nec¢ss The ordm ::~ontrol b~ quali~, the W~ of ! state policieJ Article 3 t Division 7 chi the ord~c progl 1 ~pliance or rlity for local ~sion ~5187.7 )f, or cing LO4, or any issued or .racing mding 'ision 104, agency, local :ase, as mant to le for 297 MISCELLANEOUS · (F) Where the hazardous waste facility is owned or operated ~ the federal government. (2) The authority granted under this section to a unified program agency is limited to the issuance of orders to correct releases from, and violations of the requirements of this chapter listed in paragraph (1) of subdivision (c) of Section 25404 occurring at, a unified program facility within the jurisdiction of Be CUPA, and is subject to the provisions of Section 25404.1. (A) Notwithstanding paragraph (1) and Section 25187.7, with- in the jurisdiction of a CUPA, the unified program agencie~ shall be the only local agencies authorized to issue orders under this section to correct releases from, and violations of the require- ments of this chapter listed to paragraph (1) of subdivision (c) of %~ction 25404 occurring at, a unified program facility. : (B) The CUPA shall annually submit a summary report to the department on the status of orders issued by the unified program igencies under this Section and Section 25187.1. · (C) The department shall adopt regulations to implement this I~ragraph and paragraph (2) of subdivision (a) of Section 15187.1, The regulations shall include, but not be. limited to, all ~ the following requirementa:~ b'(i) A requirement that the unified program agency shall ~i~k~ult with the district attorney for the county on the develop- ~l~nt of policies to be followed by the unified program agency in ~rcising the authority delegated pursuant to this· section and ,~.-'tio n 25187.1. to ensur~ coordinated and consisten~ apPlicai this section and Section 25187.1 when both the depart- ::: ~'nt. and the unified program agency have or will be issuing ~lers under one or both of these sections at the same facility. ~.(iii) Provisions to ensure that the '~nforcemen(' authority Igaated to the unified program agencies will be .exemised _t~.tenfly throughout the state. .. ~(iv):A requirement that the unified program agency, have'the iepresent itself in administrative appeal hearings. 'Minimum training requirements for staff of'the dhified agency ielative ~o this section and' Section 25187.1. 'Procedures to be followed by the department to rescind granted to a unified program agency under this and Section 25187. i, if'the department finds thai the program agency is not exercising that authority in a consistent with the' provisions of this chapter and ' :with Section 25404)and the r~gul.a~ fete. :' An order issued pursuant to this sectiOn shall include a that the person take corrective action with .respeCt waste, including the cleanup, of the hazardous ~ abatement of the effects thereof, and any other necessary action, An order issued pursuant to this section that corrective action a[ a hazardous waste facility, shall that corrective action be taken beyond 'the .facility where necessary tO protect, human health or the The order shall incorporate, as a condition of the requirements issued by the Resources Control Board or a California regional' control board, and shall be consistent with all water quality 'control plans"adopted pursuant to 13170 of the Water Code and Article 3 (commencing 13240) of Chapter 4 of Division 7 of the Water state policies for water quality control adopted to Article 3 (commencing with Section 13140) of of Division 7 of the Water Code existing at the time of of the order, to the extent' that the department, unified program, agency, authorized local health or authorized local public officer determines that those PROVISIONS § 25187 plans and policies are not less stringent than tills chapter and regulations adopted pursuant to this chapter. The department, authorized unified program agency, authorized local health officer, or authorized local public officer also may include any more stringent requirement that the department, authorized unified program agency, authorized local health officer, or authorized local public officer determines is necessary or appro- priate to protect water quality. Persons who are subject to an order pursuant to this section include present and prior owners, lessees, or operators of the property where the hazardous waste is located, present or past generators, storers, treaters, transport- ers, disposers, and handlers of hazardous waste, and persons who arrange, or have arranged, by contract or other agreement, to store, treat, transport, dispose of, or otherwise handle hazardous waste.. (4) In an order proposing a penalty pursuant to this section, the department, a. uth?rized unified program agency, authorized local health officer, or authorized local public officer shall take into consideration the nature, circumstances, extent, and gravity of the violation, the violator's past and present efforts to prevent, abate, or clean up conditions posing a threat to the public health or safety or the environment, the violator's ability to pay the proposed civil penalty, and 'the prophylactic effect that imposi- tion of the proposed penalty would have on both the violator and the regulated community as a whole. (b) For purposes of subdivision (a), "hazardous waste facility" includes the entire site. that is under the control of an owner or operator engaged' in the management of hazardous waste. (c) Any order issued pursuant to subdivision (a) shall be served by personal service or certified mail and shall inform the person so served of the right to a hearing. ' (d)(1) Any person served With an 0rder'pursuafi{ to subdivi- sion (c) who: has been unable to resolve any violatien' oi' deficiency 0n an informal basis with the department, authorized unified" program agency, authorized' loCal health officer, or authorized local public officer may, within 15 days after service of the order, request a hearing by filing with the department, authorized unified program agency, authorized loCal health officer, or authorized local public officer a notice of defense. The notice sh//llbe filed with the office that issued the order. A notice of defense shall be deemed fried within the 15-day period provided by this subdivision if it is postmarked within that 15- day period. If no notice of defense is filed within the time limits provided by this subdivision, the order shall become final. (2) If a person served with an order pursuant to subdivision (c) chooses to resolve the content, terms, or conditions of the order directly with the department, authorized unified program agency, authorized local health officer, or authorized local public officer and does not file an administrative or judicial appeal, the person may request, and the department, authorized unified program agency, authorized local health officer, or authorized local public officer shall prepare, a written statement, that the department, authorized unified program agency, authorized local health officer, or authorized local public officer shall amend into the Order, that explains the violation and the penalties applied, including the nature, extent, and gravity of the violations, and that includes a brief description of any mitigating circumstances and any explanations by the :respondent. Any amendment to include the written statement .prepared pursuant to this subdivi- sion does not constitute a.new order and does not create new appeal rights. .' .' (e) Except as provided in subdivision (f), any hearing request- ed under subdivision (d) shall be conducted within 90 days after receipt of the notice of defense by an administrative law judge of the Office of Administrative Hearings of the Department of General Services in accordance with Chapter 5 (commencing with Section 11500) of Part 1' of Division 3 of Title 2 of the § 25187 HEALTH .AND SAFETY 'CODE Government Code, and the department, authorized unified program agency, authorized local health officer, or authorized local public officer shall have-all the authority granted to an agency by those provisions. - (f) Any provision of an order issued under subdivision. (a), except the imp6sition of an administrative p6nalty, Shall take effect upon issuance by the department or' unified program agency if the depa~ment or unified program agency finds that the violatior/or violations of law associated with that provision may pose an imminent and substantial endangerment to the public health or safety or the environment, and a request for a hearing shall not stay the effeci of that provision of the order pending a decision by the department under subdivision (e). However, in the event that' the department or unified program agency determines that any or all provisions of the order are so related that the public health or safety or the environment can be protected only by immediate compliance with the order as a whole, then the order as a whole, except the 4mposition of an administrative penalty, shall take effect upon issuance by the department or unified program agency. A request for a hearing shall not stay the effect of the order as a Whole pending a decision by the hearing officer under subdivision (e).' Any order issued after'a hearing requested under subdivision (d) shall take effect upon issuance by the department or unified program agency. - (g) .'A decision issued pursuant to this section may be reviewed by the court pursuant to Section 11523 of the Government Code. In all proceedings pursuant to this subdivision, the court shall uphold the. decision of the department, authorized unified program .agency, authorized local health officer, or authorized local public" officer ff the decision is based upon substantial evidence in the whole record. The filing.of a petition for writ of mandate shall not stay any co~ective action required pursuant to this chapter or the ~ccrual of any penalties assessed pursuant to this chapter...Tini~ subdivision does not prohibit the court from granting any appropriate, relief within its jurisdictionS' (h) Except as otherwise provided ia subdivisions (i) and (j), all administrative, penalties co/lected under this section shall be placed in a separate subaecount in the Toxic Substances Control Account and shall be available only for transfer~ to the Site Remediation Account, or the Expedited Site Remediation Trust Fund and for expenditure by the department upon appropriation by the Legislature. ~ (i) Fifty percent of the penalties collected'from actions brought by unified program agencies, local health officers or designated local public officers pursuant to this section shall be paid to the city or county whose unified program agency, local health officer, or designated local public officer imposed the penalty, and shall be deposited into a special account that may be expended to fund the activities of the unified program agency, local health officer, or designated local public officer in enforc- ing this chapter pursuant to Section 25180, after the director determines that the local agency enforcement of this section is fair and reasonable. (j) Fifty percent of the penalties collected from actions brought by unified program agencies, local health officers, or designated local public officers pursuant to this section shall be paid to the department and aleph, sited in the Hazardous Waste Control Account for expenditure 'by the department, upon appropriation by the Legislature, in connection with activities of unified program agencies, local health officers, or designated local public officers. (Added by Stats. 1977, c. 1039, p. 3149, § 30. Amended by Stats. 1980, c. 808, p. 2537, § 1; Stats. 1986, c. 1187, § 13; Stats. 1988, c. 1631, ~ 33,. Stats. 1989, c. 1436, ~ 21, eft. Oct. 2, 1989; Stats. 1991, c. 885 (S.B. 669), § 2; Stats. 1991, c. 886 (S.B. 966), § 4; Stats. 1992, c. 2344 (S.B. 2057), § 7; Stats. 1994, c. 146 (A.B. 3601), § 109; Stats. 1995, c. 629 (A.B. 1962), § 1; Stats. 1995, c. 639 (S.B. 1191), § 26.& Stats. 1996, c. 1497), § 234, eft. Sept. 29, 1996; Stats. 1997, c. 870 § 14, operativeJu~y 1, 1~98.) . .. 'C[0ss References Ambient air posing threat to public health; corrective action facilities pursuant to. this section, see Health and Safe § 25155.10. ' Code of Regulations References . Assessment of administrative penalties, ~ee '22 Cal. Code of § 66272.60 et seq. § 25187.1. Orders to conduct monitoring, testing, and ana~ of hazardous waste facility or site; reporting; costs; acti~ by department or authorized agency or person (a)(1) If the department or a unified program agency auih~ rized pursuant to paragraph (2) determines, upon receipt of a~ information, that the presence of any hazardous waste at a facility or site at which hazardous waste is, or has been, stored, treated, or disposed of, or the release of any hazardous Wa~ from the facility or site may present a substantial hazard to human health or the environment, the department or authorized unified program agency may issue an order requiring the owne~ or operator of the facility or site to conduct monitoring, testing analysis, and reporting with respect to the facility or site which the department or authorized unified program agency deem~ reasonable to as.ce~.a.~n th,e' nature and extent of the hazard. (2) The authoritygranted under this section to a unified program agency .is limited to the issuance of orders-pursuant .to paragraph (1) to a unified' program facility within the jurisdiction of the CUPA, and.is .su. bject to Secti.on 2~. 404 1. (b) If a'facility or 'site subject to subdivision (a) is not operation at the time the determination is made and the' department finds that the owner of the facility or site, could not reasonably be expected to have actual knowledge of the presence of hazardous waste at the facility or site and of its potential for release, the department.may issde an order requiring the most recent previous owner or operator of the facility or site who could reasonably be expected to have the actual knowledge to Carry out the actions specified in subdivision (a). (c) Any order issued pursuant to subdivision (a) or (b) shall require the person to whom the order is issuedto submit to the department or authorized unified program agency, within 30 days from the issuance of the order, a proposal for carrying out the required monitoring, testing, analysis, and reporting. The department or authorized unified program agency may, after . providing the person with an opportunity to confer with the department or authorized unified program agency concerning the proposal, require the person to carry Out the monitoring, testing, analysis, and reporting in accordance with the proposal, and with any modifications in the proposal as the department or authorized unified program agency deems reasonable to ascer- tain the nature and extent of the hazard. (d) If the department or authorized unified program agency determines that there is no owner or operator specified in subdivision (a) or (b) to conduct monitoring, testing, analysis, or reporting satisfactory to the department or authorized unified program agency, if the department or authorized unified pro- gram agency deems the action carried out by an owner or operator is unsatisfactory, or if the department or authorized unified program agency cannot initially determine that there is an owner or operator specified in subdivision (a) or (b) who is able to conduct monitoring, testing, analysis, or reporting, the department or authorized unified program agency may do either of the following: ':;Correct contrac~ O! L D April 17, 2000 FIRE CHIEF RON FRAZE ADMINISTRATIVE SERVICE8 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 SERVlCF..8 1715 Chester Ave. Bakersfield, CA 93301 VOICE (805) 326-3951 FAX (805) 3264)576 ENVIRONMENTAl. SERVICE8 1715 C.,he~ter Ave. Bakersfield, CA 93301 VOICE (805) 326-3979 FAX (805) 3260576 TRAJNING DMSION 5642 Vlcter Ave. Bakemfield, CA 93308 VOICE (805) 399-4697 FAX (8O5) 399-5763 Department of Toxic Substance Control P.O. Box 806 Sacramento, CA 95812-0806 Attn: Accounting Unit Dear Sir: Enciosed please find a check for $2,313.00 collected as part of the administrative penalty from Ashland Incorporated for their violation of Chapter 6.95 of the California Health and Safety Code. This case is our docket number 00.01.01. Copy of the Order on Consent Agreement attached for your information. The total sum collected through the administrative enforcement order is $9,250.00. Our cost of enforcement on this case is $4,625.00. The actual' penalty therefore is $4,625.00. As prescribed in sub section 25187 of the California Health and Safety Code, fifty percent of the penalty collected ($2,313.00) 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 Ashland . ASHLANO INC. · P.O. BOX 2219 · COLUMBUS, OHIO 432~16 ° pI~IONE (6i4) 790-3333 Law Depa~ment .... .; ....... , ,., ....... .,. ' ' 5200 Blazer Parkway Joseph A. F~enbh:; :' ~ , '. ~ ............. ~:, '," ~' - :- ~-'' ' '"'"" ~6~': OR' 4~.7 Senior Counsel (614) 790-4268 (FAX) (614) 790-3851 , jaffench~ashland.~°m ~ Apd] t3, 2000 VIA FEDERAL EXPRESS OVERNIGHT Mr. Waiter H. Porr, Jr. .Deputy City Attorney. City Attorney's Office City of Bakersfield 1501 Tmxtun Avenue Bakersfield, CA 93301 Re: Dear Mr. Porr:" In the Matter of: Ashland Inc. Order on Consent Agreement .... In fUll and final settlement of the above-noted matter, Ashland Inc. tenders the enclosed Check "made payable to the City of Bakersfield, Certified United Program Agency in the amount Of $9,250.00. Submittal is made pursuant to Section 4 of the Orderon Consent Agreement made by and between the City of Bakersfield and Ashland Inc., effective March ! 6, 2000. ShoUld you have any questions, please contact me at (614) 790-3851. Enclosures sep[ A. F~ench , CC: Ralph Huey Director of Environmental Services City of Bakersfield 1715 Chester Avenue Bakersfield, CA 93301 Mary Ellen Hogan, Esq. McDermott, Will & Emery (w/cc of enclosures) .' {.OOq 8860,' ':O&~. 80 8 ? 50': 70 {.qO0 Si.&&,' I REFERENCE NUMBER INVOICE AMOUNT { DISCOUNT AMT [ NET. AMOUNT ] Ashland Inc. Corporate Division .__ I100000009135722*DOCKED ~ER 0001-01 9,250.00I 0.00 [ 9,250.00 {s,.m t:ot:al ,. 9,290.00 I. 0.00 { 9,2_s0<00 For status of outstanding invoices call our autoiiaated inquiry system (606) 357-3208. Please have vendor number (upper_l_eft) and invoice or' reference number(s) ready. Page 1 of P.O. Box ~03~- -'-' ....................................... Indianapolis, IN 46207-7035 PLEASE PRINT OR TYPE ~orm designed for use on elite (12-pitch) typewriter.) UNIFORM HAZARDOUS 1. Generator's U.S. EPA ID Number Manifest Document No. WASTE MANIFEST · · 3. Generator's Name and Mailing Address ASHLAND DISTRIBUTION COHPANY :'* '.: Cai SyER "AVE "B~KERsFI£CD, ~'CA '933ee 4. Generator's Telephone Numar ( 7[4 ) 371-4788 5. Transporter 1 Company Name UNITED PUMPING SERVICE INC. 7. Transporter 2 Company Name 9. Designated Faclll~ Name and Site Address PCI - EAST CHICAGO 4343 KENNEDY AVE. EAST CHICAGOr IN 46312 6. U.S. EPA ID Number 8. U.S. EPA ID Number 10. U.S. EPA ID Number e96 694 11. U.S. DOT Description (Including Proper Shipping Name, Hazard Class, and ID Number) 12. Containers a. WASTE Flammable liquids, 3, UN1992, PG II (BENZENEr HYDROCARBONS} toxic; n.o.s. Approved: OMB No. 2050-0039. Expires 9-30-99 Information in the shaded areas Is required by Federal Law, but Items D, F, H, I and K are required by State Law. Manifest Document Number NA1384410 13. Total '0.0. 15. Special Handling Instructions and Additional, !n:f~rm:atpn- ;?,,~. <.~ - :.,?,;~-',: v;~_:: <., .; .. ~!',';,.:...} - ;, ' . L. ,' . EVERY SPILL, INCIDENT. OR RELEASE INVOLVING ASHLAND CHEMICAL.· 16. GENERATOR'S CERTIFICATION' I herab declare that the ·contOrt' '~ ' ~ ';"~'~':~ ......... ' ' ' ' ' · · Y ts of this consignment are fully and accurately described ,name and are cleselfled, packed, marked and labeled, end. are In all respe;.ts In proper condition for transport by hi, h If I am a largo quantity generator, I certify thatl havba I~robYaht'ln pliice'to i'educe the volume and tbxlclty of Waste de~t. er~mi .ne.d t.o be.e. conomlca, lly p.r.ac, ll~cab.!e and th. at I heve'setacted the practicable method of treatment, .... wmcn mln,m~zes me present ane futura mraat to human health and the environment; OR, If I am a small effort to minimize mY. waste generation and select the beet waste management method that Is available t t 7. lranspoder t -Acknowledgement of Receipt of Materials ~ Transporter 2- Acknowledgement of Receipt of Mater als Printed/Typed Name . , ' . . ..... ~/~c Isignature 19. Discrepancy Indication Space ~. ,., . I I can afford. 20. Facility Owner or Operator: Certification of receipt of hazardous materials covered by this manifest (except as noted in Item 19); .~ .. Printed/Typed Name ' ' "':~' ....... I Signature EPA Form 8700-22 Previous editions are obsolete State Form 45273 (R2/8-98) COPY 1. 'I'SD MAIL TO TSD STATE LAND DISPOSAL RESTRICTION NOTIFICATION FORM Generator Name/Locafio EPA ID Number~'~. ~(3 ~- ~ I~ ~ ~ M~ifest Num~r~[~ W~ ~nlysis 'Available Yes No On file at facility Date PRO~LE RCRA NON- RCRA WA~E CODES SUBCATEGORY TREATABILITY GROUP CALIFORNIA LI~ REGULATED I REGULATED (List all ~at apply} (See Table il and Please check Ihe applicable Ircalabilhy WASTES CONSTITUENTS FOR D001*, D002, D012-D043, Please check if waste Selecl Key g if group. F001-~05 & ~39 steam is not regulated by applicable). RCRA. Nonwaslewnler ' Waslewaler List nil applicable ~sl all applicable ~ I · TOC & constiluenls from key consfiluenls from Table ~ I ~ TSS below a~/or key below h a b ~ d e f C~IFO~A LIST WASTES (for Column g) i) PCB > = 50 ppm 2) Haiogenated Organic Carbon (HOC's).> = 1000 mg/i 3) Nickel (Ni) > = 134 mg/i 4) REGULATED cONSTITUENTS FOR F001, F002, F003, F004, F005 (for Column h) 5) Acetone 12) cresylicAcid 19) Methanol 6) Benzene 13) Cyclohexanone 20) Methylene Chloride 7) N-Burly Alcohol 14) 1,2-Dichlorobenzene 21) Methyl Ethyl Ketone 8) Carbon Disulfide 15) Ethyl Acetate 22) Methyl isobutyl Ketone 9) Carbon Tetrachloride 16) Ethyl Benzene 23) Nitrobenzene 10) Chlorobenzene 17) Ethyl Ether 24) Pyridine 11) Cresols (o,m, or p isomers) 18) lsobutanol (isobutyl alcohol) 25) Tetrachloroethylene Thallium (TI) > = 130 i 26) Toluene 27) 1,1,1 Trichloroethane 28) I,I,2 Trichloroethane 29) I,I,2 Trichloro 1,2,2 Trifluoroetl 30) Trichloroethylene 31) Trichlorofluoromethane 32) Xylene (Total) is accurate and true. Print Name O0'IIB ~3IO^NI ]VIOl 00'9~ 00000'9~ 3 00'I Nqg O0'I 00'~9 00000'~£ 3 O0'Z ~30 00'~ 00'9~ O0000'9Y 3 O0'I ~q8 O0'I O0'Og~ 00000'09 3 O0'g ~18 00'~ 00'~I O0000'~LI 3 O0'I ~qg 00'I ZZ6Z-LE9-OOg - qqV3 3~IOANI SIHI NO NOIIVH~OdNI ~0~ 00/8I/~ 'Q31UOdSNV~I SHfl~Q 138Vq '31SVM NOVd gvq 9NIHI0q3 3AI1331O~d qVNOS~3d qVS0dSIg 315VM SNO3NVqq33SIH 3IlqlI~IH~BA qVSOdSIO 315VM SNO3NVq1335IH NN~G N01qVO gg qVSOdSIg 3£5VM SNO3NVqq3DSIH (~Hg) 3HII ~UVQNVIS ~OSIA~3dflS qVS0dSIg 31SVM SNO3NVlq33SIH 31V0lglq HIIM ~3N~l qV$0dSI~ 315VM SNO3NVqq33SIH ORIGINAL INVOICE CUSTOMER ORDER NUMBER PAYMENT TERMS SHIPPED FROM SHIPPED VIA NET 30 DAYS (~ASTE) UTAH FREIGHT TERMS DATE SHIPPED INVOICE DATE CAR NUMBER SALES REP. LD. NUMBER ORDER NUMBER DESTINATION 06-02-00 06-02-00 SNYDER 2072 · I MISCELLANEOUS ~/ASTE DISPOSAL 1.OO BLK 1.00 E 175.0OOOO 175.OO STAKEBED TRUCK NITH LIFTGATE MISCELLANEOUS I4ASTE DISPOSAL 8. OD BLK 8.00 E 60.0OOOO 480.O0 SUPERVISOR STANDARD TIME (BHR MISCELLANEOUS ~/ASTE DISPOSAL ~ ~"~ 1 .,~ ~:}B ',EK~~ ~:~i~00~,, E 46.0OOOO 46. OD 55 GALLON DRUM ~[~ ;:~i MISCELLANEOUS ~/ASTE .DISPOSAL -~-~:~.~2:~00~'~ ~!~i~:~. ~%~;~:~: ~,'-'~ ~;~:~ VERMICULITE MISCELLANEOUS J4ASTE DISPOSAL ~:~;'~ ~/~,1 .~00;~'~:;:¥ "~/~ ??~ ;~ ~,~*~:~?~ LAB PA~ NASTE, LABEL DRUMS ',':;,~ ~:,,~ ,~L~g,,~ ~f~ ~ ~ ~ :~? ~ AND T~SPORTED. 4/18/~ FEDE~L ZD~ 61-O122250 urn e OR Le-eouaos E .r ~-~ ' ~-P~S t-rD.= TO.S TOTAL INVOICE G OR GL-~LLONS H er CW-H~RED ~ QT-QUARTS T-TONS K OR KG-K[OG~S ~-CO~AINER Y-YARDS m-~RIC TONS R-ROLLS ~-FE~ 81 1 . PLEASE REFER TO INVOICE NUMBER ON ALL CORRESPONDENCE. ~'CUSTOMER NUMBER INVOICE NUMBER J Please see reverse side for important terms relating to payment. ~0 129 8459560 0OO 050 699527 I CONSIGNEE BRKERSFIELD FIRE DEPT. (~ASTE) 1715 CHESTER AVE. BAKERSFIELD CA 93301 JBKL~G ADDRESS BAKERSFIELD FIRE DEPT, 1715 CHESTER AVE. BAKERSFIELD CA 93301 JREM~ TO ASHLAND DISTRIBUTION CO. FILE NO 53192 LOS ANGELES CA 900?43192 STATE OF CALIFORNIA CITY OF BAKERSFIELD CERTIFIED UNIFIED PROGRAM AGENCY In the Matter of: ) ) ) Ashland Inc., a Kentucky ) corporation do. lng business in California) ) ) .-Respondent.' ) ) Docket No.: 0001-01 ORDER ON C~)NSENT 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 (Cat/EPA) to administer and enforce the Hazardous Substance Control Act in the City of Bakersfield, issues this Order on Consent (Order) to Ashland Inc., a Kentucky 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: Bakersfield Refinery Company (BRC), a division of Equilon Enterprises, LLC (formerly Texaco 'Retining and. Ma. rk~ting,. Inc.) 6451 Rosedale Highway, Bakersfield. 1.3 .Generator. The Respondent generated the following hazard°us wastes: flammable liquid samples from petroleum refinery desalting processes at BRC, an "ignitable" hazardous waste, pursuant to title 22 of the California Code of' Regulations (CCR), section 66261,21, when samples were to be disposed. 1.4 Jurisdiction. Section 25187 ofthe Health and Safety Code (HSC) ~uthorizes the CUPA to order action necessary to correct violations and assess a penalty when .the CUPA'determines that any pe~'son 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 L~w (Health & Saf~tyCode section 25100, et seq.), to wit: section 25189.5. DisDose, l, treatment or.storage at, or t.r_ensportation to, facilitieS without permits or at unauthorized points. On or about September 23, 1999, a temporary worker for Respondent took approximately 39 quart size sample bottles and a one-gallon capacity can, containing effluent product from the desalter evaluation being condu¢,ted by Respondent at BRC, from an offsite lab to the BRC main lab for disposal after testing. The. temporary worker returned to BRC with the samples, but d!d not return the samples to the BRC lab for proper disposal. 2.2 On or about September 27,1999, the temporary worker attempted to dispose of the sample bottles by'abandoning the sample bottles next to a dumpster at the Wal Mart Store #2557 located at 8400 Rosedale Highway in the City of Bakersfield. ~CHEDULE 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 transport and dispose of the hazardous waste by a State licenced hazardous'waste hauler within thirty (30) days from the effective date of this Order. Respondent shall submit a schedule fo.r and description of the proposed transportation and disposal for the CUPA approval within fifteen (15) daYs from the effective date of this order. 2 3.2 to the CUPA, in care of: S. ubmittals. A copy of the completed hazardous waste manifest shall be sent Mr. Ralph Huey · Director of Environmental Services City of Bakersfield 1715 Chester Avenue Bakersfield, Califomia 93301 3.3 Corn .mvnications. All approvals and decisions of the CUPA made regarding submittals and n°tifications 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 A!3. provaL If the CUPA determines that the schedule, or other submitted for approval pursuant to this order fails to cOmply with the order o[fails to prof~ect' publichealth 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 . _Complianqe 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 End.anqerment._during Implementations.. In the event that the cuPA determines that any circumstances or activity (whether or not pursued in compliance with' 3 this Order) are creating an imminent or substantial endangerment to the health or welfare of people on the site or in the surrounding area otto 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. · ,3.7 Liability_. Nothing in this Order shall constitute or be construed as a satisfaction or release from liability for any conditions or claims adsing 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 oron Respondent'sbehaif in any way pertaining to work Undertaken pursuant to this Order. Respondent shall allow the CUPA and its authorized repres, entatives 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 Re_s0ondent for a minimum of three years after the conclusion of ali activities under this Order. If the CUPA requests that some or ali of these documents be preserved for a Iongerperiod of time, Respondent shall either comply with that request, deliver the documents to the CUPA, or permit the CUPA to' copy the documents prior to destruction. 3.9 _Government Liabilities_. The City of Bakersfield shall not be liable for injuries 4 or damages to persons or property resulting from acts or omissions by Respondent or related parties 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 Enforc. ement Action.s. By issuance of this Order, the CUPA does not waive the right to take further enforcement actions. 3.11 lnce .rporati0n Of Plans and Reports. All plans, schedules, and reports that require CUPA approval and are.Submitted by respondent pursuant to this Order are incorp;3rated 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 ADDro_vals. 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 govern ment'agencies as a result of such failure, as provided by HE~C section 25188 and other applicable provisions of law. 3.15 P_e~rties Bou..nd. This Order shall apply to and be binding upon Respondent, and its officers, directors andagents, including but not limited to individuals, and upon the CUPA and any successor agency that may have responsibility for and jurisdiction over the subject matter of this order. 5 .3.16 .Non-Admission of Liability Ashland Inc., neither admits nor denies the allegations in Section 2. .PENALTY 4. The CUPA assesses a penalty of $ 9,250. Payment of the total penalty of $ 9,250 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: Mr. Walter H. Porri' Jr. Deputy City Attomey · 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. Date of Issuance: FebrUary 3, 2000.' =Days" for purposes of this Order means calendar days. Director of Environmental Services Date 6 Rod Yawn Typed or Printed Name of Respo~dent's Representative, Agent for Service CT Corporation System 818 West Seventh Street Los Angeles, CA 90017 Richard Stock, Account Manager' dba: Ashland-Champion Techn~lsgles · (ACT) alliance partners ." c/o Ashland Specialty Chemicals 'Drew Industrial Division, 2880 Sunrise Boulevard Rancho Cordova, CA 96742 Chief Executive Officer . ~.. Ashland Incorporated ~,-: ,' i'/.." ili::?**i;. ':. P.O. Box 391 .*,' · Covington~ KY 41012-0391'' ";'~" .... Mr. Walter H. Porr, Jr. Deputy City Attorney City Attorney's Office City of Bakersfield 1501 Truxtun Avenue Bakersfield, CA 93301 7 A~CKNOWLEDGMENT 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, ' 'Print Name a~d '~itle S.".JAN00~iND RAFT. W pD MCDERMOTT, WILL & EMERY A Partnership Including Professional Corporations 2049 Century Park East Los Angeles, CA 90067-3208 310-277-4110 Facsimile 310-277-4730 Mary Ellen Hogan Attorney at Law mhogan~nwe.com 310-551-9335 Boston Chicago Los Angeles Miami Moscow Newport Beach New York St. Petersburg Vilnius Washington, D.C. April 14, 2000 VIA FACSIMILE 661,326.0576 AND REGULAR MAIL Mr. Ralph E. Huey, Director Office of Environmental Services City of Bakersfield 1715 Chester Avenue Bakersfield, CA 93301 Re: Ashland Inc. .. -DOcket No'.:'O00i_oi '~ .......:. .. "..' ~.' · "'" ~:-~:. ,'" ..... ....... .' ":i' :": !':': :,:' ::;'.':. ':?" ';' .L:~.;;".:.;'"" Dear Mr.' Hue : ;:"':' '-.: ~ '.'-'.:-" : :'::':"~;.7':,'- .'. ';,~..:~; '":." !.:.;.i!/~.:~ This letter will confirm our telephone conversation earlier today when I informed you about the status of Ashland's task to make arrangements to transport and dispose of the samples bottles located in your offices by today, April 14, 2000 in accordance with Paragraph 3.1 of the Order on Consent. Due to the circumstances discussed in the following paragraphs, Ashland hereby requests an extension of time for Ashland to complete the transportation and disposal of the samples. Based on our conversation, we understand that the City hereby grants this request. On April 5, 2000, an Ashland representative reviewed the samples and began the profiling process. Ashland has received the results of the sample profiling (water, hydrocarbons, salt and minute benzene) and is awaiting authorization for disposal from Pollution Control Industries in East Chicago, Indiana. Ashland anticipates that official approval from Pollution Control Industries will be forthcoming on Tuesday, April 18th. In anticipation of that approval, Ashland proposes to come to your offices along with Ashland's transporter on Tuesday, April 18th and pack up the samples for shipment. Tony Snyder of Ashland will call your offices on Monday, April 17th to confirm this schedule. In the possible, but. ~n!ikely event_that TSDF approval will not be received on.Tuesday' this pick-up schedule m.g~. ~hift to'later in the week. If so, we will keep you informed of the status. Ralph E. Huey, Director Office of Environmental Services April 14, 2000 Page 2 Thank you for your continued cooperation. MEH:kk CC. Sincerely, Joseph A. French, Esq. (via facsimile) Tony Snyder (via facsimile) LAS99 1106977-1.017163.0010 Ashland Ehernical Ashland Chemical Company Address Reply: Division of 1851 E. First St. Ashland Inc. Suite 700 Santa Aha, CA 92705-4017 VIA FACSIMILE & USPS Mr. Ralph Huey Director of Environmental Services City of Bakersfield 1715 Chester Avenue Bakersfield, CA 93301 ..... Re: ....In the_Matter o£Ashland_[nc._ Order on Consent Agreement Docket No.' 0001-01 Dear Mr. Huey:. This letter is intended to update the information provided in my March 30, 2000, letter regarding the above-noted matter. On April 5, Ashland's Mr. Tony Snyder met with a CUPA representative to view the sample containers and establish a plan for managing the materials at a permitted TSDF. Based upon the available information, Ashland does not believe that further analytical work will be needed to complete a TSDF profile. Therefore we plan to submit the profile within the next ...... few:days-and~based upon-an-expectation~that-the-materials-wilt--be-acceptable at the .selected. facility, Ashland has made plans to remove the sample containers on or before April 14, 2000. As previously noted, Ashland fully expects to have properly transported and disposed of the sample containers within 30 days of the effective date of the Agreement. However .. should the profiling process or some other unforeseen event impact our ability to meet the deadline, we will immediately contact your office regarding an extension of time. Ashland Chemical's Commitment to Quality and Productivity Headquarters: 5200 Blazer Parkway Dublin, Ohio 43017 (614) 790-3333 Cable Address: Aroplaz OH ~ Telex: 245385 Answerback: ASHCHEM Fax: (614) 790-4119 A Responsible Care' Company Should you have any comments or questions on our approach or if you believe that additional steps need to be taken please contact Mr. Snyder at 714/571-4788. Sincerely, Robert Hellebrand District Sales Manager CCi Rod Yawn - Ashland Inc. Joseph A. French, Esq. - Ashland Inc. Mary Ellen Hogan, Esq. - McDermott, Will & Emery JAF/rh/jp:004d-054 A hland Chemical Date: April, 10, 2000 To: Mx. Ralph Huey Company: City of Bakersfield l=ax#: 661-326-0576 Fwm'. Robin Hollebta~d Company: Ashlan~ Fax: 714-571-4797 Regarding: Update Total Pages; 3 ]Dear Mr, Hu~y, [Please find attached Ashland's follow-up letter rcgardil~g our actions to pickup and disposc of the items in I qu~tion. ~obert Hcllebrand District Sales Manager Ashland Ehernical Ashland Chemical Comperw Division of Ashland Inc, Address Reply: 1851 E. First ~tm Suite '700 ~nJa Ann, CA 9~70§-4Q17 yIA,FACSIMILE & USPS Mr. Ralph Huey Director of Environmental Se~,'ices City of Bakersfield 1715 Chester Avenue Bakersfield, CA 93301 Re: In the Matter of Ashland Inc. Order on Consent Agreement Docket No.: 0001-01 Dear Mr. Huey: This letter is intended to update the information provided in my March 30, 2000, letter regarding the above-noted matter. On April 5, Ashland's Mr. Tony Snyder met with a CUPA representative to view thc sample containers ahd establish a plan for managing the materials at a permitted TSDF. Based upon the available information, Ashland does not believe that further analytical work will be needed to complete a TSDF profile. Therefore we plan to submit the profile within the next few days and, based upon an expectation that the materials will be acceptable at the selected facilityl Ashland has made plans to remove the sample containers on or before April 14, 2000. As previously noted, Ashland fully expects to have properly transported and disposed of the sample containers wSthin 30 days of the effective date of the Agreement. However should the profiling process or some other unforeseen event impact our ability to meet the deadline, we will immediately contact your office regarding an extension of time. A~nlsr~ Chemk;al's Commitment to Quality an~ Producti~ty He~lquar[em: 5200 I~la;'.er Patk'way Dublin, Ohio 43017 (~14) 790-3333 Cable Address: Aroplaz OH Telex', Answerback: ASHCHEM Fa~x', (614) 790.41'L9 A Resp~ble Cam' IBZ-J R00/Z00'd 8~0-1 262~-lZB-tIZ+ 03 1V31~H3 ~N¥~H$¥-ao~J adOZ:tO OOOZ-Ot-~dV Should you have any comments or questions on our approach or if you believe that additional steps need to be taken please contact Mr. Snyder at 714/571-4755. Sincerely, Robert Hellebrand District Sales Manager CC: R, od yawn- Ashland Inc. loseph A. French, Esq. - Ashland Inc. Mary Ellen Hogan, Esq. - McDermott, Will & Emery JAt?da/jp:004d-054 19Z-~ EO0/£OO'~ 8~0-1 ZBZt-[2f-VJZ+ O= 1V=I~H= ~NV1HSV-mOJ~ mdJZ:tO OOOZ-Ot-JdV Ashland £hemi£al Industrial Chemicals & Solvents Division Environmental Services name phone e-mail ..Tical Company Address Reply: 1851 E. First St. Suite 700 Santa Ana, CA 92705-4017 March 30, 2000 VIA FACSIMILE & USPS M~'. Ralph Huey Director of Environmental Services City of Bakersfield 1715 Chester Avenue Bakersfield, CA 93301 'Re: .... In the Matter 'of Ashland ".Inc.- Order on Consent Agreement -Docket-No.~ -000.1--0t Dear Mr. Huey: Pursuant to paragraph 3.1 of the above-noted Order on Consent Agreement ("Agreement"), Ashland Inc. ("Ashland") hereby submits for your review and approval a schedule for and a description of the proposed transportation and disposal of the approximately 39 quart-size sample bottles and 1 gallon capacity can, held by CLIP& which contain effluent product from a desalter evaluation conducted by Ashland at Equilon's Bakersfield Refinery. The Agreement, effective March 16, 2000, was transmitted to Ashland on March 28, 2000. On or by April 5, 2000, an Ashland representative will have contacted CUPA and established a schedule for viewing the sample containers and, if appropriate, conducting such sampling as may be necessary to both evaluate the available treatment, storage and disposal options and complete a TSDF profile.  Headquarters: Cable Address: Aroplaz OH ~ 5200 Blazer Parkway Telex: 245385 ~ ~ ~ ~ ~ ~ ~ ~, Dublin, Ohio 43017 Answerback: ASHCHEM Ashland Chemical's (614) 790-3333 Fax: (614) 790-4119 Commitment to A Responsible Cam* Quality and Productivity Company If sampling is conducted, Ashland expects to receive the analytical results approximately two weeks after the sample(s) has been submitted to a laboratory or TSDF. If analytical testing is not needed, Ashland, at the time of its visit, will establish a date and time when the materials will be prepared for shipment. While Ashland expects to have properly transported and disposed of the sample containers within 30 days~_of__thg__effectiye da~te~o_f t~e__A~ gre__e~e~n_t, i~t mu_s~t a~knoyv_l~e.dge th_at delay_s.ih the. r_e_ce_ipt__ of anaIytical~ re__s_ults and/or shipment authoriza~tion~by~ a licensed facility_ will impact the_co~mp~a__ny's ability to meet this deadline. Ashland will contact CUPA regarding an extension of time if these events occur. Should you have any questions regarding this matter please feel free to contact me. cc: Rod Yawn - Ashland Inc. Joseph A. French, Esq. - Ashland Inc. ..... Mary~Ellen Hogan;-Esq: --~Mcl-)ermott,"Witl-&~Emery RECORD OF TELEPHONE CONVER~TION Bu~ine~ Name: Contact Name: .Business Phone: 33me: ~'; / T' Inspectors Name: Type'of CeJl: Incoming # Min: ID#__._. Coment of C-il: S Outgoing [ ] Retumecl [ ] ~me Required to Complete Acflvffy # Min: FII E D February 3, 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) 326-3979 FAX (661) 326-0576 TRAINING DIVISION 5642 Victor Ave. Bakersfield, CA 93308 VOICE (661) 399-4697 FAX (661) 399-5763 Agent for Service of Process: CT Corporation System 818 West Seventh Street Los Angeles, CA 90017 ASHLAND INCORPORATED, DOCKET NO.: 0001-01 To whom it may concern: Enclosed please find an Enforcement Order and related documents conceming violations of Chapter 6.5 of Division 20 of the California Health and Safety Code. This Enforcement Order pertains to the illegal disposal of hazardous waste generated during the desalter evaluation conducted at the Bakersfield Ref'ming Company 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, Ralph E. Huey, Director Office of Environmental Services Enclosures Certified Mail No.: P 390 194 832 PROOF OF SERVICE ADMINISTRATIVE ENFORCEMENT ORDERS CITY OF BAKERSFIELD OFFICE OF ENVIRO~NT~ SERVICES 1715 Chester Ay. Ste. 300 Bakersfield, CA 93301 (661) 326-3979 I served the Enforcement Order Statement to Respondent 2 Blank Notice of Defense Forms Other (specify): ~::~q~ C.~ .~ be Docket No.: By serving: Respondent Other (Name and Title or relationship to Respondent):. By pexson*lly delivering copies to (scUtress).'. at (time).'. on (date):. By mailing copies by first-class certified mail, Certified Mail Receipt No.: ~ 2'/0 t~c ~ 29- return receipt requested, in a sealed envelope addressed to: cos My name, business address, and telephone number are: ~.~ Bakersfield Fire Department Office of Environmental Services 1715 Chester Avenue, Suite 300 Bakersfield, CA 93301 (661) 326-3979 I declare under penalty o~p~erjury that the forgoing is true and correct and that this declaration is executed on (date) z/Cs/'~ooo at (place) Bakersfield, California. s.~s,o~:sen mR~oror ~ vo~.v~ (Signature) D February 3, 2000 FIRE CHIEF RON FRAZE ADMINISl'RATIVE SERVICF.~ 2101 'H' Street Bakersfield. CA 93301 VOICE (805) 326-3941 FAX (805) 395-1349 SUPPRESSION SERVICES 2101 'H' Street Bakersfield, CA 93301 VOICE (805) 325-3941 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 DMSION 5642 Victor Ave. Bakersfield, CA 93308 VOICE (805) 399-4697 FAX (805) 399-5763 Richard Stock, Account Manager dba: Ashland-Champion Technologies (ACT) alliance partners c/o Ashland Specialty Chemicals Drew Industrial Division 2880 Sunrise Boulevard Rancho Cordova, CA 96742 ASHLAND INcoRPoRATED, DOCKET NO.: 0001-01 Dear Mr. Stock: Enclosed please fred an Enforcement Order and related documents concerning violations of Chapter 6.5 of Division 20 of the California Health and Safety Code. This Enforcement Order pertains to the illegal disposal of hazardous waste generated during the desalter evaluation conducted at the Bakersfield Refining Company 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, Office of Environmental Services Enclosures Certified Mail No.: P 390 194 833 PROOF OF SERVICE ADMINISTRATIVE ENFORCEMENT ORDERS CITY OF BAKERSFIELD OFFICE OF ENVIRONMENTAL SERVICES 1715 Chester Av. Ste. 300 Bakersfield, CA 9330l (661) 326-3979 I ~ved the Enforcement Order Statement to Respondent 2 Blank Notice of Defense Forms Other (specify): ~OJ- <oro~: ~ be · On Respondent (Name): Docket No.: By serving: 0 Respondent Other (Name and Title or relationship to Respondent).'. e By personally delivering copies to at (time):. on (date): By m '_ruling copies by first-class certified mail, Certified Mail Receipt No.: ~> ~O I q,4 '~ ~ ~ return receipt requested, in a sealed envelope addressed to: sm:< Vo c. oeoov',% dA q6742. e My name, business address, and telephone number are: Bakersfield Fire Department Office of Environmental Services 1715 Chester Avenue, Suite 300 Bakersfield, CA 93301 (661) 326-3979 I declare under penalty o,fp ,erjury that the forgoing is true and correct and that this declaration is executed on (date) :2/3/'2oo0 at (place) Bakersfield, California. s:m~oacaorr m~ots,,~. Vo~wd (Signature) D February 3, 2000 FIRE CHIEF RON FRAZE ADMINISTRATIVE SERVICES 2101 'H' Street Bakersf'~eld, CA 93301 VOICE (805) 326-3941 FAX (8O5) 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 DMSION 5642 Victor Ave. Bakersfield, CA 93308 VOICE (805) 399-4697 FAX (805) 399-5763 Chief Executive Officer Ashland Incorporated P.O. Box 391 Covington, KY 41012-0391 ASHLAND INCORPORATED, DOCKET NO.: 0001-01 To whom it may concern: Enclosed please find an Enforcement Order and related documents conceming violations of Chapter 6.5 of Division 20 of the California Health and Safety Code. This Enforcement Order pertains to the illegal disposal of hazardous waste generated during the desalter evaluation conducted at the Bakersfield Refining Company 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, Ralph E. Huey, Director Office of Environmental Services Enclosures Certified Mail No.: P 390 194 834 PROOF OF SERVICE ADMINISTRATIVE ENFORCEMENT ORDERS CITY OF BAKERSFIELD OFFICE OF ENVIRONMENTAL SERVICES 1715 Chester Ay. Ste. 300 Bakersfield, CA 93301 (661) 326-3979 I served the a. Enforcement Order Statement to Respondent 2 Blank Notice of Defense Forms Other (specie): ~O,/. C_cO~ ~ / t ~"O 7, r'., lt'5"o-~. '7 bo Docket No.: ooo t --- o ~ ,, m be By serving: Respondent Other (Name and Title or relationship to Respondent):. By personally delivering copies to (addross) at (time).'. on (date):. By mai!in' g copies by first-cl~s.certified mail, Certified Mail Receipt No.: '~ :~qO I'ci4 ~34- retum receipt requested' in a sealed envelope to: My name, business address, and telephone number are: Bakersfield Fire Department Office of Environmental Services 1715 Chester Avenue, Suite 300 Bakersfield, CA 93301 (661) 326-3979 I declare under penalty o, fpe~ury that the forgoing is true and correct and that this declaration is executed on (date) e..['3//zcoo at (place) Bakersfield, California. s:~o~cMm'vov, mu~tots~f= ~o,~.~ (Signature) STATE Of CALIFORNIA CITY Of BAKERSFIELD CERTIFIED UNIFIED PROGRAM AGENCY In the Matter of: ) ) Ashland Incorporated, a Kentucky ) corporation doing business in California ) ) and Richard Stock, Account Manager dba: Ashland-Champion Technologies (ACT) alliance partners c/o Ashland Specialty Chemicals Drew Industrial Division 2880 Sunrise Boulevard Rancho Cordova, CA 96742 Respondent(s). Docket No.: 0001-01 STATEMENT TO RESPONDENT Enforcement Order TO THE ABOVE RESPONDENT: An Enforcement Order ("Order") is attached to this statement and is hereby served upon you. The Order has been filed by the City of Bakersfield, Certified Unified Program Agency ("CUPA"). Unless a written request for a hearing signed by you or on your behalf is delivered or mailed to CUPA within twenty (20) 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. Statement to Respondent Enforcement Order Ashland Incorporated Richard Stock, Account Manager Docket No.: 0001-01 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 1150~; of the Government Code to: Mr. Walter H. Porr, Jr. Deputy City Attorney City Attorney's Office City of Bakersfield 1501 Truxtun Avenue Bakersfield, California 93301 Telephone: (661) 326-3721 The enclosed Notice of Defense, if signed and filed with CUPA,. is deemed a specific denial of all parts of. the Order, but you will not be permitted to raise any objection to the form of the Order unless you file a further Notice of Defense as provided in Section11506 of the Government Code within twenty (20) days after service of the order upon you. If you file a Notice of Defense within the time permitted, a hearing on the allegations made in the Order will be conducted by the Office of Administrative Hearings of the Department of General Services in accordance with the procedures specified in Health and Safety Code section 25187 and Government Code sections 11507, et seq. The hearing may be postponed for good cause. If you have good cause, you must notify CUPA within ten (10) working days after you discover the good cause. Failure to notify CUPA within ten (10) working days will deprive you of a postponement. Copies of Government Code Sections 11507.5, 11507.6 and 11507.7 are attached. 2 Statement to Respondent Enforcement Order Ashland Incorporated Richard Stock, Account Manager Docket No.: 0001-01 If you desire the names and addresses of witnesses or an opportunity to inspect and copy items in possession, custody or control of CUPA, you may contact: Mr. Walter H. Porr, Jr. Deputy City Attorney City Attorney's Office City of Bakersfield 1501 Truxtun Avenue Bakersfield, California 93301 Telephone: (661) 326-3721 Whether or not you have a hearing, you may confer informally with CUPA to discuss the alleged facts, determinations, corrective actions and penalty. An informal conference does not, however, postpone the twenty (20) day period you have to request a hearing on' the Order. An informal conference may be pursued simultaneously with the hearing process. You may, but are not required, to be represented by counsel at any or all stages of these proceedings. INFORMAL CONFERENCE If you wish to discuss this matter with CUPA, an Informal Conference has been scheduled for: Date: Time: Location: Wednesday, February 16, 2000 10:30 am Office of Environmental Services 3 Statement to Respondent Enforcement Order Ashland Incorporated Richard Stock, Account Manager Docket No.: 0001-01 Third Floor Conference Room 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 dght to a formal hearing, as explained beloW.. FORMAL HEARING RIGHTS YOU MUST FILE A WRITTEN REQUEST FOR A HEARING WITHIN TWENTY (20) DAYS IF YOU WISH TO HAVE A FORMAL HEARING. S:~JAN 00~StatementToRespondent(ACT).wpd 4 STATE OF CALIFORNIA CITY OF BAKERSFIELD CERTIFIED UNIFIED PROGRAM AGENCY In the Matter of: Ashland Incorporated, a Kentucky corporation doing business in California and Richard Stock, Account Manager dba: Ashland-Champion Technologies (ACT) alliance partners c/o Ashland Specialty Chemicals Drew Industrial Division 2880 Sunrise Boulevard Rancho Cordova, CA 96742 Respondent(s). Docket No.: 0001-01 NOTICE OF DEFENSE Health and Safety Code Section 25187(d) I, the undersigned Respondent, acknowledge receipt of a.copy of the. Enforcement Order, Statement to Respondent, Government Code sections 11507.5, 11507.6 and 11507.7, and two copies of this Notice of Defense. I request a hearing to permit me to present my defense to the allegations contained in the Enforcement Order. Dated: (Signature of Respondent) Notice of Defense Ashland Incorporated Richard Stock, Account Manager Docket No.: 0001-01 Please Type or Print the Name and Mailing Address of Respondent (Name) (Street Address) (City) (State) (Zip) ,(Telephone Number) S:~JAN 00\NotlceofDefense(ACT).wpd 2 STATE OF CALIFORNIA CITY OF BAKERSFIELD CERTIFIED UNIFIED PROGRAM AGENCY In the Matter of: Ashland Incorporated, a Kentucky corporation doing business in California and Richard Stock, Account Manager dba: Ashland-Champion Technologies (ACT) alliance partners cio Ashland Specialty Chemicals Drew Industrial Division 2880 Sunrise Boulevard Rancho Cordova, CA 96742 Respondent(s). Docket No.: 0001-01 NOTICE OF DEFENSE Health and Safety Code Section 25187(d) I, the undersigned Respondent, acknowledge receipt of a copy of the EnfOrcement Order, Statement to Respondent, Government Code sections 11507.5, 11507.6 and 11507.7, and two copies of this Notice of Defense. I request a hearing t° permit me to present my defense to the allegations contained in the Enforcement Order. Dated: (Signature of Respondent) Notice of Defense Ashland Incorporated Richard Stock, Account Manager Docket No.' 0001-01 PleaSe Type or Print the Name and Mailing Address of Respondent (Name) (Street Address) (City) (State) (Zip) (Telephone Number) S:UAN 00~NoticeofDefense(ACT).wpd 2 GOVERNMENT 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 ~mission 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; 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 summary 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 d. iscovery; 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. 6 (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 wi=bin 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. T. he 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 I~.! I (I/93) is 'entitled to discover under S~ction 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 ~he clerk. Where the order denies relief to the petitioning party, the order shall be effective on the date it is served by the clerk. (h) The order of the superior court shall be final and not subject to review by appeal. A party aggrieved by such order, or any 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 o~herwise modify its order. Where such review'is sought from an order granting discovery, the order of the trial court and ~he a~ministrative 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, without, substantial, justification,, failed or-refused.to'. comply'with Section 11507.6, or, without.substantial justification, filed a petition to compel, discovery pursuant to this. section, or,..without substantial, justification, failed to comply'with any order of court made pursuant to this section, the court may award court, costs and reasonable attorney fees to the opposing party. 'Nothing in this subdivision shall limit the power of the superior court to compel obedience to its orders by contempt proceedings. 8 STATE Of CALIFORNIA CITY Of BAKERSFIELD CERTIFIED UNIFIED PROGRAM AGENCY In the Matter of: Ashland Incorporated, a Kentucky corporation doing business in California and Richard Stock, Account Manager dba: Ashland-Champion Technologies (ACT) alliance partners cio Ashland Specialty Chemicals Drew Industrial Division 2880 Sunrise Boulevard Rancho Cordova, CA 96742 Respondent(s). Docket No.: 0001-01 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 Ashland Incorporated, a Kentucky corporation doing business in California, and Richard Stock, Account Manager, Ashland Specialty Chemicals (Drew Industrial Division), dba: Ashland-Champion Technologies (ACT) alliance partners. 1.2. Site. Respondent generates, handles, treats, stores, and/or disposes of hazardous waste at the following site(s), including, but not limited to: Bakersfield Refinery Company (BRC), a division of Equilon Ent(~rprises, LLC (formerly Texaco Refining and Marketing, Inc.) 6451 Rosedale Highway, Bakersfield and Champion Technologies, Inc. 6321 District Boulevard, Bakersfield. 1.3 Generator. The Respondent generates the following hazardous wastes: flammable liquid samples from petroleum refinery desalting processes at BRC, an "ignitable" hazardous waste, pursuant to title 22 of the California Code of Regulations (CCR), section 66261.21. 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 September 23, 1999, Respondent Richard Stock was instructed by representatives of Champion Technologies lab at 6321 District Boulevard to take approximately 39 quart size sample bottles and a one-gallon capacity can, containing effluent product from the desalter evaluation being conducted by ACT at BRC, from Champion's offsite lab to the BRC main lab for disposal after testing. Respondent returned to BRC with the samples, but did not return the samples to the BRC lab for proper disposal. 2.2 On or about September 27, 1999, Respondent attempted to dispose of the sample bottles by abandoning the sample bottles next to a dumpster at the Wal Mart Store 2 #2557 located at 8400 Rosedale Highway in the City of Bakersfield. SCHEDULE FOR COMPLIANCE 3. Based on the forgoing DETERMINATION OF VIOLATIONS, IT IS HEREBY ORDERED THAT: 3.1 Respondent shall make arrangements to properly transport and dispose of the hazardous waste by a State licenced hazardous waste hauler within thirty (30) days from the effective date of this Order. 3.2 Submittals. A copy of the completed hazardous waste manifest shall be sent to the CUPA, in care of: 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 CUP^ 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 any report, plan, schedule, or other document 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 3 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. 3.7 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. 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 Site Access. Access to the site shall be provided at all reasonable times to employees, contractors, and consultants of the CUPA, and any agency having jurisdiction. Nothing in this Order is intended to limit in any way the right of entry or inspection that any agency may otherwise have by operation of any law. The CUPA and its authorized 4 representatives shall have the authority to enter and move freely about all property at the Site at all reasonable times for purposes including but not limited to: inspecting records, operating logs, and contracts relating to the Site; reviewing the progress of Respondent in carrying out the terms of this Order and conducting such tests as the CUPA may deem necessary. Respondent shall permit such persons to inspect and copy all records, documents, and other writings, including all sampling and monitoring data, in any way pertaining to work undertaken pursuant to this Order. 3.9 Data and DocumentAvailability. Respondent shall permitthe 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 six 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. Respondent shall notify the CUPA in writing at least six months prior to destroying any documents Prepared pursuant to this Order. 3.10 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 5 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. 3.11 Additional Enforcement Actions. By issuanceofthis Order, the CUPA does not waive the right to take further enforcement actions. 3.12 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. 3.13 Extension Request. If Respondent is unableto perform anyactivityor 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. 3.14 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. 3.15 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. 3.16 Parties Bound. This Order shall apply to and be binding upon Respondent, and its officers, directors, agents, employees, contractors, consultants, receivers, trustees, successors, and assignees, including but not limited to individuals, partners, and subsidiary and parent corporations, and upon the CUPA and any successor agency that may have responsibility for and jurisdiction over the subject matter of this order. 6 PENALTY 4. The CUPA assesses a penalty of $11,250. Payment of the total penalty of $11,250 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: 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. You may request a formal hearing to challenge the Order. Hearing procedures are described in the attached Statement to Respondent. 6. This Order is final and effective twenty (20) days from the date it is served on you, unless you request a formal hearing within the twenty (20) day period: 7'. "Days" for purposes of this Order means calendar days. Date of Issuance: February 3, 2000. Director of Environmental Services City of Bakersfield 1715 Chester Avenue Bakersfield, California 93301 (661) 326-3979 7 CC: Agent for Service CT Corporation System 818 West Seventh Street Los Angeles, CA 90017 Richard Stock, Account Manager dba: Ashland-Champion Technologies (ACT) alliance partners c/o Ashland Specialty Chemicals Drew Industrial Division 2880 Sunrise Boulevard Rancho Cordova, CA 96742 Chief Executive Officer Ashland Incorporated P.O. Box 391 Covington, KY 41012-0391 Mr. Walter H. Porr, Jr. Deputy City Attorney City Attorney's Office City of Bakersfield., 1501 Truxtun Avenue Bakersfield, .CA 93301 8 Secretary of State's Office - Corporation Search Results http://204.147.113.12/corpdata/ShowAllList?QueryCorpNumber:C0270462 Bill Jones Disclaimer: The information displayed here is current as of "Jan 22, 2000" and is updated weekly. It is not a complete or certified record of the Corporation. l _ Corporation IASHLAND INC. Number' C0270462i[Date Filed- 1/26/1953~ Status' ac~ durisdiction: KENTUCKY Mailing Address P.O. BOX 391 COVINGTON, KY 41012-0391 C T CORPORATION SYSTEM i[!~0S ANGELES, CA 90017 For information about certification of corporate records or for additional corporate information, please refer to Corporate Records. Blank fields indicate the information is not contained in the computer file. If the status of the corporation is "Surrender", the agent for service of process is automatically revoked. Please refer to California Corporations Code Section 2114 for information relating to service upon corporations that have surrendered. New California Business Search Need information about the display? How can I find more information about a corporation? 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_ I?O~)~V~!op~r I _webdeveloper~ss.ca.gov. ©1999 CA Secretary of State Business Filings Section - Corporations Unit 1 ofl 1/31/00 1:13 PM Secretary of State's Office - Corporation Search Results http://204.147.113.12/corpdata/ShowAllList?QueryCorpNumber=C 1911551 State Bill Jones Disclaimer: The information displayed here is current as of "Jan 22, 2000" and is updated weekly. It is not a complete or certified record of the Corporation. iL Corporation iI,ASH~ND O,L, INC. il~risdiC, t,?,n: K~N~?C,K~ Mailing Address Agent for Se~ice of Process · For information about certification of corporate records or for additional corporate information, please refer to Corporate Records. Blank fields indicate the information is not contained in the computer file. If the status of the corporation is "Surrender", the agent for service of process is automatically revoked. Please refer to California Corporations Code Section 2114 for information relating to service upon corporations that have surrendered. New California Business Search Need information about the display? How can I find more information about a corporation? 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 I,,,~e~peVp!0,~,~r~,,,il _webdeveloper~ss.ca.gov. ©1999 CA Secretary of State Business Filings Section - Corporations Unit 1 ofl 1/31/00 1:13 PM Secretary of State's Office - Corporation Search Results http://204.147.1 t 3.12/corp~a/ShowAllList?QueryCorpNumber=C 1649145 Bill Jones Disclaimer: The information displayed here is current as of "Jan 22, 2000" and is updated weekly. It is not a complete or certified record of the Corporation. Corporation i},ASHLAND CHEMICAL, INC. Number' C1649145~ Date Filed' 9/6/1989 Status: surrender Jurisdiction: OHIO Mailing Address i ~AX,,D EpARyM...E N~.....~,~ Agent for Service of Process C T CORPORATION SYSTEM 818 WEST SEVENTH ST LOS ANGELES, CA 90017 For information about certification of corporate records or for additional corporate information, please refer to Corporate Records. Blank fields indicate the information is not contained in the computer file. If the status of the corporation is "Surrender", the agent for service of process is automatically revoked. Please refer to California Corporations Code Section 2114 for information relating to service upon corporations that have surrendered. New California Business Search Need information about the display? How can I find more information about a corporation? 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 ],,,,~e,~,,,~,v,,,,~,!gp~r~] _webdeveloper~ss.ca.gov. © 1999 CA Secretary of State Business Filings Section - Corporations Unit 1 of l 1/31/00 1:14 PM Secretary of State's Office - Corporation Search Results http://204.147.113.12/corpdata/ShowAllList?QueryCorpNumber=C0489151 Bill Jones Disclaimer: The information displayed here is current as of "Jan 22, 2000" and is updated weekly. It is not a complete or certified record of the Corporation. [DREW CHEMICAL CORPORATION Number' C0489151i Date Filed' 4/13/1965i Status' surrenderi Jurisdiction: DELAWARE Mailing Address P.O. BOX 14000 LEXINGTON, KY 40512 Agent for Service of Process C T CORPORATION SYSTEM 818 WEST SEVENTH ST LOS ANGELES, CA 90017 For information about certification of corporate records or for additional corporate information, please refer to Corporate Records. Blank fields indicate the information is not contained in the computer file. If the status of the corporation is "Surrender", the agent for service of process is automatically revoked. Please refer to California Corporations Code Section 2114 for information relating to service upon corporations that have surrendered. New California Business Search Need information about the display? How can I find more information about a corporation? 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 I Illl~!~P~,r, il _webdeveloper~ss.ca.gov. ©1999 CA Secretary of State Business Filings Section - Corporations Unit 1 of 1 1/31/00 1:10 PM PROOF OF SERVICE ADMINISTRATIVE ENFORCEMENT ORDERS CITY OF BAKERSFIELD OFFICE OF ENVIRONMENTAL SERVICES 1715 Chester Av. Ste. 300 Bakersfield, CA 93301 (661) 326-3979 I served the a. J~ Enforcement Order Statement to Respondent 2 Blank Notice of Defense Forms Other (specify): ~D~J~ Co(3~ _~ tlgo7.~ / ~ ~"o7.7 1{5'07, ~- / ~ bo On Respondent (Name): Docket No.: (Ocr:E) t - o t Co By serving: Respondent Other (Name and Title or relationship to Respondent):. By personally delivering copies to (address):. at (time): on (date): By mailing copies by first-class certified mail, Certified Mail Receipt No.: ~ 3~/0 1~4 ~ 39-- remm receipt requested, in a sealed envelope addressed to: ~-oS ~,,/~a-cc--~., ~ ?oo~'7 o My name, business address, and telephone number are:, _w.__.~//~,.,*'-~,-, Bakersfield Fire Department Office of Environmental Services 1715 Chester Avenue, Suite 300 Bakersfield, CA 93301 (661) 326-3979 I declare under penalty ofpqrjury that the forgoing is tree and correct and that this declaration is executed on (date) z-t/z,//~z~c3o at (place) Bakersfield, California. S:kENFORCIvtNT FORMSXProof of Service Form. wtxl (Signature) PROOF OF SERVICE ADMINISTRATIVE ENFORCEMENT ORDERS CITY OF BAKERSFIELD OFFICE OF ENVIRONMENTAL SERVICES 1715 Chester Av. Ste. 300 Bakersfield, CA 93301 (661) 326-3979 I served the a. ~i Enforcement Order Statement to Respondent 2 BIank Notice of Defense Forms Other (specify): ~:Zx~- Cor36 ~ {/EoT, E' t¢~o7,~ t(SbT,'7 / / bo On Respondent (Name): Docket No.: ox) t - o t By serving: 0 0 Respondent .Other (Name and Title or relationship to Respondent): ao O By personally delivering copies to (address): at (time):. on (date): By mailing copies by first-class certified mail, Certified Mail Receipt No.: ~> ~0 lq'4- ~83'~ remm receipt requested, inasealed envelope addressed to: ?.a,,~cor.~ Cc~Oo,/A,, d,a, q6 742._ My name, business address, and telephone number are:~:~//ot~areo~/~,J Bakersfield Fire Department Office of Environmental Services 1715 Chester Avenue, Suite 300 Bakersfield, CA 93301 (661) 326-3979 I declare under penalty of perjury that the forgoing is tree and correct and that this declaration is executed on (date) '2~3/2ooc3 at (place) Bakersfield, California. S:XENFORCMNT FORMS~roofofServiee Form. wpd (Signature) PROOF OF SERVICE ADMINISTRATIVE ENFORCEMENT ORDERS CITY OF BAKERSFIELD OFFICE OF ENVIRONMENTAL SERVICES 1715 Chester Av. Ste. 300 Bakersfield, CA 93301 (661) 326-3979 I served the a. ~ Enforcement Order Statement to Respondent 2 Blank Notice of Defense Forms Other (specify): .! bo On Respondent (Name): Docket No.: ooo t - o / Co By serving: Respondent Other (Name and Title or relationship to Respondent): ao By personally delivering copies to (address):. at (time): on (date): By mailing copies by first-class certified mail, Certified Mail Receipt No.: '~ 3~© /g4 ~Z34 remrn receipt requested, inasealed envelope addressed to: ~ ~L.~,~O ,NC... My name, business address, and telephone number are: ng_f~mec~ /~,,,~e~ Bakersfield Fire Department Office of Environmental Services 1715 Chester Avenue, Suite 300 Bakersfield, CA 93301 (661) 326-3979 I declare under penalty qf perjury that the forgoing is true and correct and that this declaration is executed on (date) z-f~,//zc~:~ at (place) Bakersfield, California. S:kEIqFORCMNT FORMS~mof of Service Form.wpd (Signature) DT$C-Clovis Fax:209-297-$90~ Jan 19 2000 8:S1 P. O1 STATE OF CALIFORNIA ENVIRO~AL PROTECTION AGENCY DEPARTMENT OF TOXIC SUBSTANCES coNTRO_L....~. 1515 TOLLHOUSE ROAD CLOVIS, CALIFORNIA 93611 FAX .~: (559) -297-3904 Total Number of Pages Sent (~ncluding cover sheet):, PLEASE CHECK ~SMISSION AFTER LAST *PAGE IS RECEIVED. IF YOU DID NOT RECEIVE THE NUMBER OF PAGES SHOWN ABOVE; OR IF ANY. COPIES ARE IT.T.~GIBLE, PLEASE CONTACT THE S~/~DER AT T~IS NUMBER: (559) 297-3901 Sent By: Time Sent: Date sent: ~ Special InstruCtions: ' & ' ' DTSC-Clovis Fax:209-297-$904 Jan 19 2000 8:52 P. 02 · CHECKLIST FOR ISSUANCE OF 'ENFORC~ENT,O~E~ ae Issuance to Rpspondent.. When an administrative Enforcement Order is issued, ~he package of documents must he'"served,, by delivering it to the respondent' personally.or by certified U.S. mail. The package Served on the respondent must include: A copy (not the original) of the Enforcement Order (Order) . 2. Ail exhibits referred to in the Order. 3.. Statement to Respondent. e Government Code §§ 11507.5, 11507.6, and" ll$07.7(attached to 'the Statement to Respondent). A copy (not the original) of the Proof of Service (completed by person who mails.or delivers the documents). 6. Notice of Defense (2 copies). 'Original Cover Letter. If.there are multiple respondents, each respondent should have a separate original cover letter. If there is an agent for service, the agen~ gets the original and the owner/operator gets a copy. The documents specified in section A above must be delivered to each respondent, or a duly-appointed agent for the service of process, personally or by U.S. mail, certified and return receipt requested. ~ersonal'service means to deliver the document~ to %he respondent personally, i.e., hand delivery, not by U.S. mail or a private express service. Personal service should be used only in special cases. Service by certified mail means mailing the documents by. the United States Post Office'using certified mail. ~rivate express services are not acceptable~ DTSC-Ciovis Fax:209-297-$904 Jan 19 2000 8:52 P.O$ A return receipt must be requested so that the Department eventuallF receives back a proof that delivery has been made. Most cases will be served certified mail. The Rri~inal certified mail receipt (as well as the return receipt when it.is received) should be kept in the file of t_he office issuing the Order unless and until the attorney requests 'it for use at the hearing. Send. a copy to office of Legal Counsel (OLC). If there is an agent for service of process, as .there always is if the respondent is a corporation, the a~ent must b~ served. You should also serve the named respondents when you serve th~ agent, i.e., the cozl0oration as well as the agent, by listing the corporation as a "cc" on the cover letter and. mailing 'it a complete copy. Or%~inal~ and. Copies 0.f Documents s~.~ved on ~pspondent.. When the action is issued, the ~ri=inal signed Order,~ together ~ith the complete original set of documents SerVed on the respondent should be retained in case they are required for an appeal. A copy of the complete set should be hand-delivered or mailed to OLC. For orders with penalties of $75,000 or more, one copy of the complete set, as served on respondent, should also immediately be mailed to: Theodora ~erger Assistant Attorney General Office of the Attorney General 300 $o. Spring Street, Ste. 500 Los Angeles, CA 90013 Other copies of the Order are distributed as indicated on t-he'coDy list at the end of the order. ~.& DTSC-Clovis Fax:209-297-$90~ Jan 19 2000 8:52 P.O~ OricTinal '~.._n.~ Co~ies o~ Statement of Facts and Re%ate_a Documents 'and Ey~d_ence. The. Statement of Facts (if prepared) is the Department's summary of its investigations. It is prepared for the use of the DeDartment's attorneys. It im c~n~idential. The SOF goes only to OLC and the Attorney General.. It may not be. released to the Respondent, the Respondent's attorney, or anyone outside the Department without consulting an. attorney. The $OF Should be stamped confidentia_l. When the order is issued, send a copy of the $OF ~o OLC and the AG, addressed as-indicated in C above. The office preparing the $OF should retain t_he original · together with the originals of all exhibits until a hearing is requested. If a hearing is requested, the Department's assigned attorney (OLC or AG), will contact you q6ncerning the originals for use in evidence. Notice of_D~.fens, e. If the respondent sends the Notice of Defense to the office issuing the Order, notify OLC immediately and mail the original to OLC, keeping a copy in your file. DTSC-Clovis Fax:209-29?-3904 Jan 19 2000 8:53 P.O$ In t~e Mat_t__er o~f: INST~U. CTION$ FOR ENF..~ Insert the name'of the company or facility as it is recorded with the Secretary of grate's Office. This information can be obtained by calling CALNET 485-2900 or by.sending a stamped, self-addressed envelope and Mail-In-Request for~ to the Secre.tary of State, Corporate Filing Division. (See Attachment A.) If the facility is not incorporated, enter the o.wner's name and, if appropriate, ~he appellation "DBA...," which means "doing business as". The address entered in =he heading should be the address of the facility or site. Note that this will often differ from the address to which the order will be mailed. (See instructions for service in ENF.8, §-' B'.) Insert Facility's ID No. Docket A docket number should be issued when' the document is ready to issue or when a draft order is ready to send to the respondent. 1.1 Pattie. s: Insert name and individual or business status of each person and business concern subject to the enforcement action, i.e., owners,' operators, and other Violators. Respondents may be individuals or any type of business concern, e.g., partnerships, individuals doing business under fictitious names, California corporations, or out-of-state corporations. Choose the appropriate language- for the status of each respondent: . . X, an individual · X, an ind. ividual doing business as XYZ Plating XYZ .plating, a business concern owned by (name of indk~.idual ~n4~r~)), ~oing business as XYZ Platin~ . XYZ Corp., a Californi~ corporation XYZ Corp., a (s. tate) corporation doing business in California Note that there will sometimes be individuals, as well as corporations and other business concerns,, as respondents whenever an individual responsible for a particular violation can be identified.. DTSC-Clovis Fax:209-29?-3904 San 19 2000 8:53 P. 06 1.2: Inser~: address if sufficient to identify physical location or, if ad~ress is ~nsufficient, describe location of facility. 1.3: Choose alternative 1, 2, and/or'3 and insert: ~hether the facility is operated pursuant to a permit, certificate, registration, or ISD, and its number, if applicable; . -""~he Gate the document was issued; and · the wastes produce~. If the respondent is a generator as well as a hazardous waste facility, use alternative 1 or 2 together with 3.. Alternative 2 is intended foruse when the respondent was engaged in illegal operation, i.e., managing hazardous waste without a permit. If there are multiple respondents, this paragraph may have to be repeated for.each respondent or modified. Delete this paragraph if no exhibits are attached. The decision to include a copy of regulations and statutes which have been.violated is left to the discretion of the office issuing the Order. In most cases the Respondent will have, or should have, copies of relevant statutes and regulations. ~owev~r,'-in ca~e~ involving very small f£rm~ whose hazardous waste activities are minimal and incidental to their ~rimary business activities, it may be helpful to include copies of the relevant statutes and regulations. If copies of regulations and' statutes will be forwarded to the Respondent, attach copies and fill in the exhibit number. If coples will not be sent, delete 1.6 in its entirety. DTSC-Clovis Fax:209-297-3904 Jan 19 2000 8:53 P. 07 There should be a paragraph'for each violation. Begin each paragraph with "The Respondent violated". The inspection report should be written so that you can transfer the exact.language corresponding to,the first violation found in the Violations sec=ion of the inspection report. If there is no inspection report, identify the violations using the same format as reqUired for the inspection report. Information transferred directly from the.inspection report should describe: . the section number of the law, regulation, or requirement violated; . A description of the specific .facts supporting the - violation; and ~ .- · the dates on which the violation occurred (not necessarily the same as the date of the inspection). Generally, Class I violations should be cited first, violations of statutes second, violations of regulations, third, and violations of a permit, ISD, or variance last. The appropriate abbreviations showing the'correct capitalization and punctuation are: Health and Safety Code section 25201 H$C section 25201 title 22, California Code of Regulations, section 66262.34(f) 22 CCR, section 66262.34(f) title 40, Code of Federal Regulations, section 261-1 40 CFR section 261.1 Permit, section III.A.4. Paragraphs similar to 2.1 should be added 'for each Separate violation and should be transferred directly from the inspection report. DTSC-Clovis Fax:209-297-$904 San 19 2000 8:54 P. 08 E~FORCE~NT ORDERS: If a scheduie for compliance is included, the foilowing instructions apply to paragraphs 3.1 - 3.17. 3.1.1: Choose effective date - immediately or within a specified time and insez-t the number of days. from the effective day of the Order within which.corrective action must be completed; and ., specify the corrective action to be'taken. 3.1.2, e~.: Add paragraphs specifying corrective action for requiring corrective action. 3.2: each violation Insert pertinent names and addresses. It will be'up to the office issuing the order to decide if the Regional Water.Quality Control Boar4 and the Local Agency need to receive'copies of all submittals from a Respondent. However, for violations.of the closure requirements and groundwater monitoring requirements, the Regional Water Quality Control Board must receive copies of all submittals. 3'.17: Attach waste discharge requirements, if relevant to any of the violations, and fill in the exhibit number. If waste discharge requirements are not relevant, delete this paragraph. .3..18 Include this paragraph if the Respondent has violated HSC § 25189.2(c), and if there are persons who should be informed that an illegal disposal took place such as the property owner, the lessee, a n~ighbor whose property might also be affected, or other government agencies. Specify the names and addresses of tho~e to be notified. 4.0.: Fill in the region number and the name of the appropriate division. P~NALTI ES: If a penalty is included, insert the amount of the penalty. DTSC-Clovis Fax:209-29?-3904 Jan 19 2000 8:54 P. 09 EFFE_CTIVE~ATE FORCO_RRECTIVE ACT~IONS: - Choose alternative 1 or 2 for ~he effective date. Alternative 1 will apply to ca~es in which the' respondent is ~erved in person. Alternative 2 will apply to cases in which the respondent, is servpd by mail. Alternative 3 will apply to imminent and substantial endangerment cases. . Alternative 3 requires insertion of the specific n,,~hers for ..... the paragraphs that are effective immediately as well as -' facts supporting the imminent and substantial endangerment determination. Siqn~re Block: Insert name and title of person who will sign 'the Order. gopies: Add or delete from the copy list, as appropriate. Those receiving copies of the Enforcement Or,er generally need receive only the Order, not its attached exhibi%s and not any of the other documents served on the Respondent. This copy list does not include the copies sent to OLC and the Attorney General pursuant to ENF.4, § C. DTSC-Clovis Fax:209-297-5904 3an 19 2000 8:54 P. iO STATE OF CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY' DEPARTMENT ~F TOXIC SUBSTANCES CONTROL In the Matter of: (Addres-=) Respondent. ) ) ) ) ) DoCket HWCA ENFORCE~NT ORDER Health and Safety code. Section 25187 INTRODUCTION ..- 1.1. ~1~!9~. The State Department of Toxic Substances Control (Department) issues this Enforcement Order (Order) to Cname a31d individual Or business status) (Respondent). 1.2. Site. Respondent. generates, handles, treats, stores, and/or disposes of hazardous waste at the following site: (location} (Site). 1.3. [Alternative 1] Permit/Interim .Status. The Department authorized Respondent to manage' hazardous waste by (interim sta.tus'.docum~nt, De,mit, certificate, 9r registration name and number) issuea on [Alternative 2] Pea. it/Interim status. The Respondent doe~ not have a state permit, certificate,.registration, or interim status to manage hazardous ~aste. ~Alternative 3] Generator. The Respondent generates the following hazardous waste: (identify waste.) 1.4. Jurisdiction. Section 25187 of the Health and Safety Code (HSC) authorizes the'Department to order action DTSC-Clovis Fax:209-297-$904 Jan 19 2000 8:55 P. 11 necessary to correct violations and assess a penalty when the Department ~etermines 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. 1.5. Exhib%ts. Ail exhibits attached to this Order are incorporated herein by this reference. 1.6. ADplicable Stptutes and ~e.~ulations. Copies of -the 'statutes and regulations applicable to this Order are attached as Exhibit'( ). DETERMINATe. ON OF VIOI~TIONS · 2. The Department has determined: 2.1. The Respondent violated (~ite thesDecifi¢_.law. regulation,_ or recuire~ent that was .violated as i~.aDmears iD. the Violations sec~o~ of the insp.ection re~rt)'in that on or about (transfe~..the lan~ua~e_corresmondi~q to the fi3cst.violation fp~nd in th.e Violations $.ection of t_h.e insmeCt~n~re~ort). 2.2. (Add a_seDarate u~raqraDh for eD~h violation and number 2.2. 2.3, etc.) SCHEDULE ~0~,. COMPLIANCE. .. 3. Based on the foregoing DETERMINATION OF VIOLATIoNs, IT IS HEREBY ORDERED THAT: 3.1.1. (Within days o~ the effective..~ate of thi~ Order or ImmediatelY) Respondent shall (sDecifv the cDrrective action_to be taken). 3.1.2- (Add a seDatiVe para=reDA for each violation ~equirin~ cqrre.ctiYe action and n~mber 3.1.i~, .l..1..3, etc.) -2- DISC-Clovis Fax:209-297-$90~ gan 19 2000 8:55 P. 12 3.2. Submittals. Ail submittals from a Respondent pursUant to this Order shall be sent simultaneously to: Surveillance and Enforcemen~ Branch Chief. Department of Toxic Substances Control (Address) Executive Officer Regional Water Quality Control Board (Address) (Local Agency - name) (Address) " 3.3. _C_o. mm_unicati_on$. All approvals and decisions of the Department made regarding submittals and notifications will be communicated to Respondent in writing by the Branch Chief, Department of Toxic Substances Control, or his/her designee. No informal advice, guidance, suggestions, or comments by the Department regarding reports, plans, specifications, schedules, or any other writings by Respondent shall ~be construed to relieve Respondent of the obligation to obtain such formal approval's as may be required. 3.4. D..epartment Review and_ ADDrov.~. If the Department determines that any report, plan, schedule, or other document 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 Dep~rtment 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 must submit to the. Department a revised document incorporating the recommended ¢ 1z/?': ) - 3 - DTSC-Ciovis Fax:209-297-$904 Jan 19 2000 8:55 P. 13 changes. $,5.. Compl~an.ce.~th A~plic~ble 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 ~u.rin~ I. mplem~tatio~: In the event that the Department 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 p~ople on the site or in the surrounding, area or to the environment, the Department 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. L.i.abilit¥: 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 o~ past, current, or future operations of Respondent. .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. Site Access: Access to the site shall be provided at all reasonable times to employees, contractors, and consultants of the Department', and any agency having jurisdiction. Nothing in this Order is intended to limit in any way the right'of entry or inspection that any agency may (12/94) -4 - DTSC-Clovis Fax:209-297-$904 3an 19 2000 8:56 P. 14 .otherwise have by operation of any law. The Department and its authorized representatives, shall have the authority to enter and move freely about all property at the site at all reasonable times for pu..rposes including but not limited to: inspecting records, operating 10gs, and contracts relating to the Site; reviewing the progress of Respondent in carrying out the ter~s of this Order; and conducting such tests as the Department may deem necessary. Respondent shall permit such persons to inspect and "¢:py all records, documents, and other writings, including'all sampling and monitoring data, in any way pertaining--to work undertaken pursuant to this Order. 3.9. Data and Document Ava~ka~ilit¥. Respondent shall permit the Department 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 Department and its authorized representatives to take duplicates of any samples collected by RespondeKt pursuant to this Order. Respondent shall maintain a central depository of the data., reports, and other documents prepared pursuant to this Order. Ail such data, reports, and other documents shall be preserved by Respondent for a minimum of six years after the conclusion of all activities under this Order. If the Department requestSlthat some or all of these documents be preserved for a longer period oX time, Respondent shall either comply With that request, deliver the documents to the Department, or permit the 'Department to copy the documents prior to. destruction. DTSC-glovis Fax:209-297-$904 3an 19_2000 8:56 P. 15 Respondent shall notify the Department in writing at /.east six months prior to destroying'any documents prepared pursuant to this Orders. 3.10. Government L,i,abilit,~,es: The State of Cal£for~ia shall not be liable for injuries or damages to persons'or property r~sulting 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 State of '-'California be held as a par~y to any contract entered into by Respondent or its agents in carrying out activities.pursuant to the Order. 3.11. Additional Enforc~,~ent Actions: By issuance of this Order, the Department does not waive the right to take further enforcement actions. · . 3.12. In¢orporatiRn of Plan~..andRemor~.s. Ail plans, schedules,'.and reports that require Department approval and are submitted by Respondent pursuant to this Order are incorporated in this Order upon approval by the Department. 3.13. Extension ~.ques~:. If Respondent is unable to perform any activity or submit any document within the time ~equired under this Order, the Respondent may, prior t© expiration of the time, request an extension of time in writing. The extension request shall include a justification for the delay. 3.14. Exten~j~n Approvals: If the Department determines that good cause exists for an extension, it will grant the request and specify in writing a new compliance schedule. (I~/94} --6- DTSC-Clovis Fax:209-297-$904 ]an 19 2000 8:56 P. 16 3.15. ~n.~tie~ for ~oncomR~ianc~: Failure tO comB1y with the terms of this Order may also subject Respondent to costs, penalties, and/or pun~tivedamages for any costs incurred by the Department or other government.agencies as a result of such failure, as provided By HSC section"25185 and other applicable.provisions of law. 3.16. Par~.ies' Bound: This Order shall apply to and be binding upon Respondent, and its officers, directors, agents, "employees, contractors, consultants,, receivers, trustees successors, and assignees, including but not limited to individuals, partners, and subsidiary and parent corporations, and upon the Department 'and any successor agency that may have responsibility for and.jurisdiction over the subject matter of this Order. 3.17. com~.liance with Waste D%s~har~ Reuuirements.:. Respondent shall comply with all applicable waste discharge requirements issued by the State Water Resources Control Board or a'California regional water'quality control board, which are attached as Exhibit ( ). 3.18. Notice of Disposal: Respondent shall, by certified mail, return receipt requested, notify the following persons of violation number (insert o~mbe~.of p~ra~ra~h....alle~in~ 'disposal): (~ist na~e and addresses of persons to be ootifie~.) Notices under this paragraph are subject to paragraph 3.2. DTSC-C1Qv~s F~x:209-297-$904 lan 19 2000 8:57 P.i? 4. Based on the foregoing .DETERMINATION OF vIoLATIoNS, the Department ~ets the amount of Respondent's penalty at $(_ ). Payment is due within 30 days from the effective date of the Order. Respondent!s check shall be made .payable to the Department of Toxic Substances Control, and shall identify the Respondent and Docket Number, as shown in the heading of this Respondent shall deliver the penalty payment to: Department of Toxic SuBstances Control Accounting Office 400 P Street, 4th Floor P. '0. Box 806 Sacramento, California 95812-0806 A photocopy of the check shall be sent to: Region Branch Chief (name o~ division) Department of Toxic Substances Control (Address) RIGHT TO A ~EARING 5. You may request a hearing to challenge the Order. Appeal procedures are described in the attached Statement to .Respondent. EFFECTIVE. DATE 6.1. [Alternative 1: Pe=$onal service]] This Order is final and effective fifteen days from the date it is served'on you, unless you request a hearing within'the fifteen-day period. [Alternative 2: Servic~bv ma.i!]. This Order is final' and effective twenty days from the date of mailing, which is the' date of the cover letter transmitting the Order to you, unless you request a hearing within the twenty-day period. DTSC-Clovis Fax:209-297-$904 Jan 19 2000 8:57 P. 18 [Alternative 3: .Imm~.iatel¥ effective] Paragraphs (in~e~t D_ara~amh n~mb.e.~s .of correctiwe actigns £rom....the Schedu. le of ComD. liance) of the Order are effective immediately on ~he date cf issuance'indicated below, The Department finds ~hat violations associated with these Daragraphs may pose an imminent and substantial endangerment tO the' public health or safety or the environment in that (insert ~a.cts supDortin~immingnt and substanbial endanqerment). T~e remaining paragraphs of the Order ._.'.are'effective ~i~een days from the date this Order i$ served you, unless you request a 'hearing within the fifteen-day period. TIME ~ERIODS 7. "Days" for purposes of this Order means calendar .days. Date of Issuance (Name) (Title) DePartment of Toxic Substances Control Prepared by: File Name: Report Date: Incident: Location: Incident Date: Violation: Statute:' Suspect - 1: Agent: Witness - 1: Administrative Penalty: BAKERSFIELD FIRE DEPARTMENT OFFICE OF ENVIRONMENTAL SERVICES PRELIMINARY INVESTIGATION REPORT ADMINISTRATIVE ENFORCEMENT ACTION Howard H. Wines, III DRAFT Hazardous Materials Specialist S:\JAN 00XAshland-Champion Enf. wpd January 7, 2000 WalMart Store #2557 8400 Rosedale Hwy. September 30, 1999 ~ Illegal disposal of 39 quart containers of waste petroleum solvent, a flammable liquid hazardous waste, next to the dumpster behind WalMart. Section 25189.5 of the California Health and Safety Code D. Scott Barber (former temporary employee) Ashland Chemical / Champion Technologies alliance partners (ACT) Richard Stock, Account Manager Ashland Specialty Chemicals (aka Drew Industrial Division) Ashland Chemical Company 2880 Sunrise Boulevard Rancho Cordova, CA 96742 (916) 631-7622 Bruce C. List, Manager of Security Department Equiva Services, LLC 1100 Louisiana, Suite 2500 P.O. Box 4796 Houston, TX 77253 (713) 277-9024 Pursuant to Section 66272.63 of Title 22 of the California Code of Regulations, the initial base penalty calculation shall be based on actual or potential harm as compared to the extent of the deviation of the violation. Ashland-Champion Administrative Enforcement Action Preliminary Investigation Report Page 2 DRAFT Penalty Calculation Pursuant to Title 22 of the California Code of Regulations Actual or Potential Harm: Extent of Deviation: Waste flammable petroleum solvent is considered a "Moderate" actual or potential harm. (66272.63(b)(2)(B)) d Illegal disposal is considered a "Major" violation. The disposal requirement was completely ignored. (66272.63(c)(2)(A)) Initial Base Penalty: $15,000 (66272.63(d)) Additional Penalties: N/A. One-time incident. One day of violation. (66272.63(e)) Intent (before the fact): Total Base Penalty: N/A. The respondent's intent was to have the sample bottles returned to the BRC lab for proper disposal. The ACT temporary employee failed to follow respondent's disposal instructions. (66272.64(a)) $15,01~0 Adjustment Factors: Cooperation and Effort: Multiplier (0.75 to 1.0) $11,250 (66272.64(b)) (66272.65(a)) Excellent cooperation (0.75) Prophylactic Effect: Multiplier (0.5 to 2.0) Ashland Chemical and Champion Technologies are major, multi- million dollar, petrochemical corporations. However, this is a first time violation in the City of Bakersfield. (Neutral Effect = 1) $11,250 Economic Benefit: Avoided disposal costs. Responsible party shall be required to properly dispose of the hazardous waste, currently held as evidence by the CUPA, and forward a copy of the completed Uniform Hazardous Waste Manifest to the CUPA for verification. Ability to Pay: N/A. Ashland Chemical and Champion Technologies are major, multi-million dollar, petrochemical corporations. (N/A) Final Adjusted Penalty: $1L250 WEDNESDAY, NOVEMBER 3, 1999, 12:10 P.M. NOTE TO FILE WALLMART/EQUILON FILE Again, I spoke with Bruce List from Equilon, regarding the status of his final investigation report. He again apologized for the delay, and would contact Equilon's corporate attorney to find out if report can be sent. Mr. List promised that he would call Ralph Huey by end of the day with a answer. Steve Underwood, Inspector Equilon Enterprises LLC Note: Data only for those samples with a valid LIMS number. # LIMS # Area Unit #/Tank# Stream # Date Sampled Day Product # Samples 1 594077 20M51 14-Sep Tues. Light hydrocrackate 1 2 586185 2 27 31 19-Aug Thurs. Lt. CDH reformate 1 3 595395 24M01 20-Sep Mon. CARB diesel 2 4 592532 2 27 30 8-Sep Wed. CDH Feed reformate 1 5 595427 2 26 18 20-Sep Mon. HTU3 Nap. Stripper bottoms 1 6 592508 1 10 12 8-Sep Wed. Nap. HSR 3 7 595433 2 27 32 20-Sep Mon. Hvy. CDH Reformate 1 8 451995 1 10 4 30-Jun Wed. Desalter water in 1 9 594833 3 30 58 17-Sep Fri. HCGO 1 10 594891 1 8 1 17-Sep Fri. NHDS1 Charge 1 11 594456 1 10 12 15-Sep Wed. Nap. HSR 2 12 591568 2 26 20 6-Sep Mon. HTU3 Heavy naphtha 1 13 595443 20M51 20-Sep Mon. CDH reformate 3 14 594849 2 23 300 17-Sep Fri. Phosam water HYD sour 1 15 594352 T300 15-Sep Wed. Water 1 16 595272 T912A 19-Sep Sun. Water 1 17 595391 2 '21 46 20-Sep Mon. LAD 1 18 595393 2 77 20 20-Sep Mon. KMnO4 1 19 595270 T300 19-Sep Sun. Water 1 20 591554 1 15 111 6-Sep Mon. Amine LSS 1 21 593517 2 99 312 13-Sep Mon. Water, Wemco out ? 22 595370 3 30 375 20-Sep Mon. Amine V406 rich 1 23 594648 1 14 10 16-Sep Thurs. MHCU naphtha 1 24 593285 3 30 112 11-Sep Sat. Amine LMDEA 1 Page 1 of 2 Date: 10/12/99 Equilon Enterprises LLC Note: This table sorted by Date Sampled # LIMS # Area Unit #/Tank# Stream # Date Sampled Day Product # Samples 8 451995 1 10 4 30-Jun ~ Wed. Desalter water in 1 2 586185 2 27 31 19-Aug Thurs. Lt. CDH reformate 1 12 591568 2 26 20 6-Sep Mort. HTU3 Heavy naphtha 1 20 591554 1 15 111 6-Sep Mon. Amine LSS 1 4 592532 2 27 30 8-Sep Wed. CDH Feed reformate 1 6 592508 1 10 12 8-Sep Wed. Nap. HSR 3 24 593285 3 30 112 11-Sep Sat. Amine LMDEA 1 21 593517 2 99 312 13-Sep Mon. Water Wemco out ? 1 594077 20M51 14-Sep Tues. Light hydrocrackate 1 11 594456 1 ,10 12 15-Sep Wed. Nap. HSR 2 15 594352 T300 15-Sep Wed. Water 1 23 594648 1 14 10 16-Sep Thurs. MHCU naphtha 1 9 594833 3 30 58 17-Sep Fri. HCGO 1 10 594891 1 8 1 17-Sep Fri. NHDS1 Charge i1 14 594849 2 23 300 17-Sep Fri. Phosam water HYD sour !1 16 595272 T912A 19-Sep Sun. Water 1 19 595270 T300 19-Sep Sun. Water 1 3 595395 24M01 20-Sep Mon. CARB diesel 2 5 595427 2 26 18 20-Sep Mon. HTU3 Nap. Stripper bottoms 1 ~7. 595433 2 27 32 20-Sep Mon. Hvy. CDH Reformate 1 13 595443 20M51 20-Sep Mon. CDH reformate 3 17 595391 2 21 46 20-Sep Mon. LAD 1 18 595393 2 77 20 20-Sep Mon. KMnO4 1 22 595370 3 30 375 20-Sep Mon. Amine V406 rich 1 Page 2 of 2 Date: 10/12/99 THURSDAY, OCTOBER 14, 1999, 9:06 A.M. Note to File: Bruce list called this morning with an update on the missing sample investigation. It has been determined that Ashland/Champion Chemical was responsible for the handling and disposal of samples for the refinery. Bruce mentioned that he had met with Mr. Richards, who identified our samples as being from. his group. He further indicated that a temporary employee of his (Ashland/Champion Chemical) was responsible for disposing of them, back at the Equillon refinery. Apparently, temporary employee thought they were harmless and admitted disposing of them at Wal-Mart. Bruce will be preparing a report and sending it to our office, once his legal staffhas reviewed. He (Bruce) indicated it would be end of next week. Steve Underwood ZALCO L BORATORIES, IN Analytical ~ Consulting services 4309 Armour Avenue Bakersfield, California 93.~08 (661) 395-0589 FAX (661) 895-8069 Bakersfield` Fire Department 1715 Chester Avenue Bakersfield, CA 93301 Attention: Howard H. Wines Sample Type: Description: CAM Liquid Sampled by Client Laboratory No: Date Received: Date Reported: Contract No. : Date Sampled : Time Sampled : 9910025-1 10/04/99 10/07/99 '0~/19/99 Constituents REPORT OF ANALYTICAL RESULTS Results Units DLR Method/Ref Flash Point 32 F 20 D-93 /3 Date Analyzed: Time Analyzed: Analyst: DLJ 10/06/99 CC: Method Reference . 3. Annual Book of A.S.T.M. Standards' ~~ton, Lab Operations Manager DLR : Detection Limit for Reporting Purposes mg/kg : milligrams per kilogram (par~s per million) mg/1 : milligram per liter (parts per million) ND : None Detected NSS : Not Sufficient Sample This report is furnished for the exclusive use of our Customer and applies only to the samples tested. Zalco is not responsible for report alteration or detachment. INVOICE ZALCO LABORATORIES, Analytical & Consulting Services 4309 Armour Avenue· Bakersfield, California 93308-4573 (661) 395-0539 Invoice No. · i " ~' 991002§ Page Number: i Contract Number: Delivery Group: Received: 10/04/99 Payment Due: 11/06/99 Vendor ID: B M Attn: Accounts Payable L Bakersfield Fire Dept. L D ....... -2-! 01-- FI-. Street: ............. ~ ........ D TO Bakersfield, CA 93301 TO Attn: Howard H. Wines Bakersfield Fire Department ~t5-4~heS%~r--Avenu~ .............. Bakersfield, CA 93301 ,ZALCO W,O. # Field Rep Terms 9910025 NT30 Ship Date i0/07/99 F.O.B. Inv. Date 10 / 07/~,9. i., Ord ....... Shpd Analysis &,Service . ~ Oes~'iption Unit Price Flash. Point Non Haz Sample DiSposal Unknown #1 $25.o0 $25.00 $3 .oo · Zal. co Price Book gffective 6/1/98. Thank 'Tnvoice you for your business. <. ct-07-99 03:14P Zalcolaboratories, Inc. 805-395-3069 ZALCO LABORATORIES, INC. Analytical & Consulting Services 4309 Armour Avenue Bakersfield, California 93309 P.O1 (661) 395-0539 FAX (661) 395-3069 Dste: To: FAX TRANSMISSION COVER SHEET From: Customer Ser,,ice Regarding: [ ] Rhonda [ ] Julie [~ebor~h [l / Number of Pages: / + Cover Sheet If the transmission was not complete, please call. THANKS n:~'s\wp51 ~,lbrm~ Fl'q'axcvrLSht 0ct-07-99 03: 14P Zalcolaboratories, Inc. 805~395-3069 ZALOO LABORATORIES, INC. Analytical ~ Consulting Services 4309 Armour Avenue Bakersfield, California 93308 P.02 (661) 395-0539 FAX (661) 395-3069 Bakersfield Fire Department 1715 Chester Avenue Bakersfield, CA 93301 Attention: Howard H. Wines Sample Type: CAM Liquid Laboratory No: Date Received: Date Reported: Contract No. : Date Sampled Time Sampled 9910025-1 10/04/99 10/07'/99 0~/19/99 Description: Unknown ~1 Sampled by Client Constituents REPORT OF ANALYTICAL RESULTS Results Units DLR Method/Ref Flash Point 32 F 20 D-93 /3 Date Analyzed: Time Analyzed: Analyst: DLJ 10/06/99 CC: Method Reference 3. Annual Book of A.S.T.M. Standards DLR : Detection Limit for Reporting Purposes mg/kg : milligrams per kilogram (Darns per million) m~/l : milligram per liter (parts per million} ND : None Detected NSS : Not Sufficient Sample Chain of Custody Record q, ~ ~ D ~ 5 / ZALCO LABORATORIES, INC. Pa~e__ 4309 Armour Ave. Project T~le Turnaround Time: Zalco Lab # Bakersfield, California 93308 0 RUSH By: [805) 395-0539 0 ~,,~edited (1 Week) Fie~d Log # Fax (805) 395-3069 Ice Chest # , Temperature,°C .l~3'Routine (2 Weeks) Work Order # of Lab # Sampled by: Employed by: r ~ ._> _.m ~ ID# Sampled Sampled See Key Below ' Legal Sample Description # Type* ~" 8 ~ 8 Remarks NOTE: Samples are discarded 30 days after resu~ are reported unless other arrangements are made, KEY: * G-Glass P-Plastic M-Metal T-Tedlar V-VOA Hazardous samples will be returned to client or disposed of at client's expense. ** W-Water WW-Wastewater S-Solid P-Petroleum L-Liquid O-Other White- Office Copy Yellow - Lab Copy Pink - Client Copy ~ A-Acid, pH<2 (HCI,HNO3,H2SO4) S-NaOH+ZnAc C-Caustic, pH>10 (NaOH) Equilon Enterprises LLC Note: This table sorted by Date Sampled # LIMS # Area Unit #/Tank # Stream # Date Sampled Day Product # Samples 8 451995 1 10 4 30-Jun Wed. ~)esalter water in 1 2 586185 2 27 31 19-Aug Thurs. Lt. CDH reformate 1 12 591568 2 26 20 6-Sep Mon. -ITU3 Heavy naphtha 1 20 591554' 1 15 111 6-Sep Mon. Amine LSS 1 4 592532 2 27 30 8-Sep Wed. CDH Feed reformate 1 6 592508 1 10 12 8-Sep Wed. Nap. HSR 3 24 593285 3 30 112 11-Sep Sat. ~,mine LMDEA 1 21 593517 2 99 312 13-Sep Mon. Water Wemco out ? 1 594077 20M51 14-Sep Tues. Light hydrocrackate 1 11 594456 1 10 12 15-Sep Wed. Nap. HSR 2 15 594352 T300 15-Sep Wed. Water 1 23 594648 1 14 10 16-Sep Thurs. MHCU naphtha 1 9 594833 3 30 58 17-Sep Fri. HCGO 1 10 594891 1 8 1 17-Sep Fri. NHDS1 Charge 1 14 594849 2 23 300 17-Sep Fri. Phosam water HYD sour 1 16 595272 T912A 19-Sep Sun. Water 1 19 595270 T300 19-Sep Sun. Water 1 3 595395 24M01 20-Sep Mon. CARB diesel 2 5 595427 2 26 18 20-Sep Mort. HTU3 Nap. Stripper bottoms 1 7 595433 2 27 32 20-Sep Mon. Hvy. CDH Reformate 1 13 595443 20M51 20-Sep Mon. CDH reformate 3 17 595391 2 21 46 20-Sep Mon. LAD 1 18 595393 2 77 20 20-Sep Mon. KMnO4 1 22 595370 3 30 375 20-Sep Mon. Amine V406 rich 1 Page 2 of 2 Date: 10/12/99 Equilon Enterprises LLC Note: Data only for those samples with a valid LIMS number. i# LIMS # Area Unit #/Tank # Stream # Date Sampled Day Product # Samples !1 594077 i20M51 14-Sep Tues. Light hydrocrackate 1 2 586185 2 27 31 19-Aug Thurs. Lt. CDH reformate 1 3 595395 24M01 20-Sep Mon. CARB diesel 2 4 592532 2 27 30 8-Sep Wed. CDH Feed reformate 1 5 595427 2 26 18 20-Sep Mon. HTU3 Nap..Stripper bottoms 1 6 592508 1 10 12 8-Sep Wed. Nap. H SR 3 7 595433 2 27 32 20-Sep Mon. Hvy. CDH Reformate 1 8 451995 1 10 4 30-Jun Wed. Desalter water in 1 9 594833 3 30 58 17-Sep Fri. HCGO 1 10 594891 1 8 1 17-Sep Fri. NHDS1 Charge 1 11 594456 1 10 12 15-Sep Wed. Nap. HSR 2 12 591568 2 26 20 6-Sep Mon. HTU3 Heavy naphtha 1 13 595443 20M51 20-Sep Mon. CDH reformate 3 14 594849 2 23 300 17-Sep Fri. Phosam water HYD sour 1 15 594352 T300 15-Sep Wed. Water 1 16 595272 T912A 19-Sep Sun. Water 1 17 595391 2 21 46 20-Sep Mon. LAD 1 18 595393 2 77 20 20-Sep Mon. KMnO4 1 19 595270 T300 19-Sep Sun. Water 1 20 591554 1 15 111 6-Sep Mon. Amine LSS 1 21 593517 2 99 312 13-Sep Mon. Water, Wemco out ? 22 595370 3 30 375 20-Sep Mon. Amine V406 rich 1 23 594648 1 14 10 16-Sep Thurs. MHCU naphtha 1 24 · 593285 3 30 112 11-Sep Sat. Amine LMDEA 1 Page 1 of 2 Date: 10/12/99 D FIRE CHIEF RON FRAZE ADMINISTRATIVE SERVICE8 2101 'H' Street Bakersfield, CA 93301 VOICE (681) 326-3941 FAX (681) 395-1349 SUPPRESSION SERVICES. 2101 'H' Street Bakemfleld. CA 93301 VOICE (681) 326.3941 FAX (681) 39S-134e PREVENTION 1715 Cheste~ Ave. VOICE (681) 326.3951 ENVIRONMENTAL SERVICE8 1715 Chester Ave. * Bakersfield, CA 93301 VOICE (681) 32S-39'/9 FAX (681) 326-0576 TRAINING DlVffilON 5642 Victor Ave. Bakersfield. CA 93308 VOICE (681) 389-4697 .. FAX (681) 399-5763 October 4, 1999 . Martha Miller Department of Conservation Division of Oil & Gas & Geothermal Resources 4800 Stoekdale Hwy., Suite 417 Bakersfield, Ca 93309 Dear Ms. Miller: I wish~to i~!m~ o~i~lge, with great appreCiafi0~; 3~Our assis~ince in our ongoing investigati.'9~,~Your suggestion ,to cal[,qR~an Joaquin Valley Air Pollution Control District helped us find the oWne~ of some 39 illegally abandoffekl tank bottom' samples. '~ c . Once again, on behalf of the Bakersfield Fire Department,'I would like to extend our sincere thanks. ,~ Sincerely, Steve Underwood, Inspector Office of Environmental Services SBU/dm -B:A K E R S F [ E L D Environmental Services Haz Mat Emerg Spill Repo~~ Complaint Haz Mat Incident / Spill Report / Complaint Follow Up Date Time ~'. 3~ Ot~ EnvironmentaI SerVices ContaCt Description of the incident Responding to Incident Observations ( Chemical name and Quantity ) Special Conditions and / or health risks Haz Mat Team Dispatched Y OES Number Required Y Poss Exposure Victims /41 ~ Medical Attention Required or Obtained Van Cellular No. 332-7865 Number Probable Hazardous Waste Clean Up Y Discussion and Disposition Referral ? Ass J~.