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Resolution No. 7669No Resolution or folder found in box 564M Supporting documents with reference to Resolution only. SUPPORTING DOCUMENTS • • • ` , / 1 • 1 • • July 25, 2000 Background: AAD Distribution and Dry Cleaning Services, Inc. (AAD) operates a State permitted hazardous waste treatment facility in a leased 5,600 square feet building at 2306 E. 38th Street in Vernon. AAD, which started business in 1986, collects dry cleaning solvent wastes (liquids, sludges and used filters) in drums and processes the wastes by distillation to extract perchioroethylene. The facility also transports, handles, and/or transfers dry cleaning wastes to other hazardous waste treatment facilities. Perchloroethylene (also known as tetrachloroethylene or PERC) is a noncombustible liquid solvent, which is listed as a carcinogen by the National Institute of Occupational Safety and Health. The State of California Office of Environmental Health Hazard Assessment lists perchloroethylene as a chemical known to cause cancer or reproductive toxicity (Proposition 65 List since 1988). In 1987, AAD applied for and was issued a permit as a Hazardous Materials Establishment by the Health Department pursuant to the Vemon City Code (Ordinance No. 961). Section 13.59 of Vernon City Code (VCC) states that "It shall be the responsibility of the establishment operator to operate and maintain the hazardous materials establishment in a manner whereby all hazardous material is stored, handled, treated or disposed of in a lawful and safe manner. An establishment operator shall operate and maintain all areas used for storage, treatment or handling of hazardous material in a manner which minimizes possibility of fire, explosion, or unplanned release, whether sudden or slow, into the air, soil or water." VCC, Sections 13.60 and 13.61 require the hazardous materials establishment operator to maintain and submit a contingency plan to the Health Department. AAD submitted an Operations Plan in 1987, which complies with Sections 13.60 and 13.61 requirements for a contingency plan. AAD's Operations Plan indicates there are four containment areas within the building where hazardous materials, including wastes and reclaimed solvent, are stored. Storage within the four containment areas complies with the VCC, Section 13.59 requirement for safe hazardous materials management. Support for requiring the containment of hazardous material liquids is also found in the Uniform Fire Code, Article 80, Section 8003. A review of Health Department files for AAD shows that the compliance record regarding improper storage of hazardous materials documents a serious concern for public health and safety. Attached is a Nan-ative of Events, dated March 22, 1999, which summarizes inspection activity. This narrative refers to inspection reports for the facility that document improper storage conditions including storage outside of containment areas in the building, unsafe stacking of drums, and storage outside of the building. Health Department records also reflect that the facility, in the past, has eventually returned to compliance. However, the lengths of time needed by AAD to return to compliance were usually beyond the indicated compliance date on the inspection reports or letters. The issue of proper storage and management of PERC at AAD are very critical because of the documented release of the chemical into soil and storm water. On July 22, 1993, the Health Department received a copy of an environmental report, dated November 6,1992, which documents PERC soil contamination at the site. We understand that the lateral and vertical extent has not been determined to date. Health Department records also document conditions at AAD when outside storage and handling of wastes resulted in waste residues being discharged onto the parking lot are and eventually exposed to rain. Rain water samples taken at the AAD facility in February and March 1999 showed PERC contamination. AAD was directed to prevent the discharge of contaminated rainwater off the site. On January 25, 2000, storm water runoff from the facility was sampled and submitted to a laboratory. The sample analysis indicated that detectable levels of PERC were being discharged into the street. Because of storm water issues AAD has initiated collection and storage of rainwater on site. These actions have caused further congestion of storage, operation, and outside yard areas. Recent History On December28 and 29,1999, an inspection of the AAD facility showed that there were numerous drums of hazardous materials stored outside of the containment areas at the facility. On March 22, 2000, a reinspectn was made which again showed many drams outside of containment areas. By letter dated March 22, 2000, Mr. Pourat was directed to discontinue receiving wastes until hazardous materials could be properly stored and to submit a revised Storm Water Pollution Prevention and Monitoring Plan. On April 5, 2000, a meeting was held with Mr. Harry Pourat, President, AAD, to discuss ongoing compliance issues relating to improper storage and storm water management that were included in an inspection letter dated March 22, 2000. At the conclusion of the meeting, Mr. Pourat agreed to a compliance date of April 26, 2000. In addition, he acknowledged his awareness that the Hazardous Materials Establishment permit was subject to suspension and/or revocation. On April 24, 2000, Mr. Pourat faxed a letter to our department requesting to change the reinspection date to April 25, 2000. On April 25, 2000, the facility was in substantial compliance relating to storage of hazardous materials and the facility was permitted to again receive hazardous materials. Although storm water management requirements were not in compliance, additional time was granted because of dry weather conditions. On June 23, 2000, an inspection was conducted which revealed improper storage of hazardous materials. By letter dated June 28, 2000, the Hazardous Materials E Establishment Permit for AAD was suspended for two weeks. On June 29, 2000, Harry Pourat and his attorney, Joel Moskowitz, telephoned our department and requested an appeal of the suspension. Mr. Moskowitz pointed out that there was a State of California Superior Court Stipulation for Preliminary Injunction and Order, dated October 8,1999, which supercedes the City's requirements for proper storage. Based on Mr. Pourat's request, the suspension was held in abeyance until a hearing could be conducted before the City Council. On July 5, 2000, AAD delivered a Notice of Appeal. Department Position It is the Departments position that the two week suspension of AAD's Hazardous Materials Establishment Permit is warranted for the following reasons: • Vernon City Code Section 13.58 allows for the revocation or suspension of a hazardous materials establishment permit for violations of City of Vernon, Ordinance No. 961, Article IV. Hazardous Materials Monitoring Program. • AAD has been repeatedly notified of proper hazardous material storage - requirements and observed violations of Article IV. • Hazardous materials storage areas were constructed inside the AAD facility with curbs specifically designed for proper storage of a limited volume of materials to prevent spills and leaks. • Improper storage, including storage outside of the AAD building is suspected of contributing to the documented soil contamination at the site. • Rainwater samples collected and analyzed have shown that contaminated rainwater has been discharged from the site. • Reduction of hazardous materials storage will not require construction or financial investment in the building. List of Attached Relevant Documents 1. City of Vernon Ordinance No. 961, Hazardous Materials Monitoring Program 2. Notice of Appeal, June 29, 2000 3. City of Vernon Environmental Health Department Inspection Letters February 15, 2000 March 22, 2000 June 28, 2000 4. Copies of Photographs 5. City of Vernon Environmental Health Department, Narrative of Events, dated March 22,1999 6. Material Safety Data Sheet for Perchloroethylene 7. City of Vernon Ordinance No. 1031, Sewers and Storm Drains 8. Stipulation for Preliminary Injunction and Order, VC 028761, October 8, 1999 9. 1997 Uniform Fire Code, Section 8003 1/mydocs/hmmat(nmx laad report 3 ORDINANCE NO. 961 Article IV. Hazardous Materials Monitoring Program Sec. 13.48. Purpose: The ciecla red purpose of this Article is (i) to provide for the establishment of a program to monitor establishments where hazardous materials are produced, stored, handled, disposed of, treated, emitted, discharged, or recycled; (ii) to provide that said program be administered by the Health Officer; and (iii) to provide that the Fire Department be assigned the responsibility to be the Emergency Response Agency and to direct and coordinate emergency response in the event of releases of hazardous materials. Sec.13.49. State Law Adopted by Reference. The City Councilof th e City of V ernon hereby adopts by reference the requirements of the State Hazardous Waste Control Law. Chapter 6.5 of the Health and Safety Code and the minimum standards for the management of hazardous and extremely hazardous waste as specified in Chapter 30, Division 4, Title 22 of the California Administrative Code, and the requirements for the hazardous materials release response plans and inventory law, Chapter 6.95 of the Health and Safety Code of the State of California. Sec. 13.50. Definitions. For the purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to them by this section: "CAS Number" means the unique identification number assigned by the Chemical Abstracts Service to specific chemical substances. "City Council" means the City Council of the City of Vernon. "Contingency Plan" means a business plan or area plan setting out an organized, planned and coordinated course of action to be followed in case of a fire, explosion or unplanned release of hazardous material so as to minimize exposure and hazards to human health and the environment. "Emergency Response Agency" means the Fire Department of the City of Vernon. "Extremely Hazardous Waste" means any hazardous waste or mixture of hazardous wastes which, if human exposure should occur, may likely result in death, disabling personal injury or serious illness caused by the hazardous waste because of its quantity, concentration or chemical characteristics. "Fire Chief' means the Fire Chief of the Vernon Fire Department, or his duly authorized representative. "Handle" means to use, generate; process, produce, package, treat, store, emit, discharge, incinerate; recycle or dispose of a hazardous material in any fashion. "Hazardous Material" means any material that, because of its quantity, concentration, or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released into the workplace or the environment. "Hazardous Materials" include, but are not limited to; hazardous substances, hazardous waste, and any material which a handler or the local agency has a reasonable basis for believing that it would be injurious to the health and safety of persons or harmful to the environment if released into the workplace or the environment. "Hazardous Materials Establishment" means anv room, building or place, or portion thereof, maintained, used or operated where hazardous materials are produced, stored, handled, disposed of, emitted, treated or recycled. "Hazardous Waste" means a waste or combination of wastes which, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may either: (a) Cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness; or (b) Pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported or disposed of, or otherwise managed. The term "Hazardous Waste" shall be understood to also include "Extremely Hazardous Waste", unless expressly provided and mislabeled or inadequately labeled hazardous materials; and hazardous materials packaged in deteriorated containers. "Health Officer" means the City Health Officer, or his duly authorized representative. The duties of the Health Officer are those set forth in the Health and Safety Code of the State. Whenever power is granted to or duty imposed upon the Health :officer in this Article, the power may be exercised or the duty performed by'a duly authorized representative of the Health Officer, unless this Article expressly provides otherwise. "Local Agency" means the Health and Environmental Control Section of the City of Vernon. "MSDS" means a "Material Safety Data Sheet' prepared pursuant to Section 6390 of the California Labor Code. For any hazardous material for which a Material Safety Data Sheet is not required to be prepared pursuant to Section 6390 of the California Labor Code, a MSDS which contains the information specified in Section 6391 of the California Labor Code shall satisfy the definition of a MSDS under this Article. Sec. 13.51. Enforcement Responsibility. (a) It shall be the duty of the Health Officer to enforce the provisions of the State Health and Safety Code, Chapter 6.5, and Chapter 6.95 pertaining to hazardous wastes and hazardous materials and the minimum standards specified in Chapter 30, Division 4, Title 22 of California Administrative Lode and any additional requirements specified in this Article; (b) It shall be the duty of the Fire Chief to review and approve contingency plans to be implemented in the event of an unauthorized release; (c) The local agency is hereby designated to be responsible for the administration and enforcement of the provisions of this Article; (d) The emergency response agency shall review and approve contingency plans required by Sections 13.60 and 13.61 and shall establish a citywide contingency plan lobe implemented in the event of an unauthorized release of hazardous materials that may extend beyond the premises where the release occurred. Sec 13.52. Inspection of Hazardous Materials Establishments. It shall be the duty of the local agency to make periodic inspections of all hazardous materials establishments in the City of Vernon. The local agency shall closely coordinate its inspection activities with the emergency response agen, % and other city departments and public agencies. Such inspections by other city departments and public agencies shall be coordinated so as to reduce duplication of effort and assure consistency of enforcement. Sec. 13.53. Permit Requirement. (a) It shall be unlawful for a person to establish, operate, or maintain a hazardous materials establishment without first obtaining a hazardous materials establishment permit from the local agency. (b) Owners and operators of permitted hazardous materials establishments shall report in writing any change of ownership, business name oraddressinformation within thirty (30) days of the occurrence of the change, and request an amendment to their permit or a new permit. (c) No permit issued pursuant to this Article shall be transferable. (d) A copy of the current permit or amended permit shall be provided the emergency response agency by the local agency within two (2) working days of approval. Sec. 13.54. Permit Application. (a) Every applicant for a permit, required by this Article, shall file a written application, before commencing operation, on a form provided by the local agency and shall be accompanied by the appropriate fee, as specified in section 13.55. Those hazardous materials establishments in operation prior to the effective date ofthis ordinance shall file an application within thirty (30) days of notification by the City of Vernon. (b) An application shall include, but not be limited to, the following information: (1) The name and address of the property owner and the owner -operator of the establishment; (2) The address and location of the establishment or activity; (3) The name(s) and 24 hour phone number(s) of contact person (s) qualified and authorized to act as emergency coordinators; (4) A listing of the chemical name, any common name and the CAS number for each hazardous material handled; (5) A MSDS for each hazardous material handled; (6) The approximate annual quantity of each hazardous material handled; (7) The maximum quantity of each hazardous material on the premises at any one time; (8) A description of the hazardous material activity being conducted; (9) A statement that appropriate permits to operate and discharge have been obtained from Federal, State, Regional and local agencies and a list of such agencies, permit number, permit type and expiration dates. (c) A permittee shall notify the local agency, in writing, of any changes in items b(1) through b(9) above within thirty (30) days, and the local agency shall amend the permit accordingly. (d) A copy of the application.and attached documents shall be provided the emergency response agency by the local agency within two (2) working days of receipt. Sec. 13.55. Permit Fee. (a) A fee shall be paid to the local agency by each person who submits an application for a permit to operate a hazardous materials establishment or to renew, amend or terminate a permit required by this Article. Such permit fees shall be established by resolution of the City Council of the City of Vernon, at a level sufficient to pay the necessary and reasonable costs incurred in administering this Article, including, but not limited to, permitting and inspection services. The City Council may provide for the waiver'of fees when a public agency makes an application fora permit or renews a permit; (b) There shall be added to and collected with the permit or other fees a penalty equal to ten percent (10%) of the fee for all fees that are delinquent for thirty (30) days. For each additional month or fraction thereof in which a delinquency continues, an additional ten percent (10%) penalty shall be collected. In no event shall the total penalty exceed sixty (60%) of the permit fee. (c) No refund or rebate -of a permit fee shall be allowed by reason of the fact that the permit is denied or the permittee discontinue operation of the facility prior to expiration of the term or that the permit is suspended or revoked prior to the expiration of the term. Sec. 1.3.56. Permit Renewal. The initial hazardous materials establishment permit shall be renewed annually upon payment of the renewal fee. An application shall be submitted for each secceeding renewal period and shall include all pertinent changes made since the previous application. Permits shall become effective on July 1st and expire on the following June 30th of each year. Permits that are not renewed by August 1st become delinquent and are subject to the penalty indicated in Section 13.55(b), Sec. 13.57. Notice of Approval of Disapproval The local agency shall determind, after conducting an inspection of the hazardous materials establishment, whether the initial application filed, by the applicant is accurate and complete and shall issue a written notice of approval or disapproval of the issuance of a permit to the establishment operator within 60 days of the evaluation inspection. The permittee may appeal the determination to the City Council. Failure to file a written appeal with the City Clerk within flirty (30) days of said determination shall be deemed awaiver of the right to appeal. Sec. 13.58. Permit Revocation or Suspension. The hazardous materials establishment permit shall be subject to revocation or suspension by the local agency upon the determination by the local agency of a violation by the holder of such permit, his employee, or agent, or any other person acting with his consent or under his authority of any provision of this Article or any referenced law of the State of California. The permittee may appeal the ruling to the City Council, Failure to file a written appeal with the City Clerk within thirty (30) days of said ruling shall be deemed a waiver of the right to appeal. Sec. 13.59. Responsibility for Proper Storage, Handling, Treatment and Disposal of Hazardous Material. It shall be the responsibility of the establishment operator to operate and maintain the hazardous materials establishment in a manner whereby all hazardous material is stored, handled, treated or disposed of in a lawful and safe manner. An establishment operator shall operate and maintain all areas used for storage, treatment or handling of hazardous. material in a manner which minimizes possibility of a fire, explosion or unplanned release; whether sudden or slow, into the air, soil or water. Sec. 13.60. Requirement for Contingency Plan. The owner or operator of each hazardous materials establishment permitted by this Article shall prepare and maintain a contingency plan which shall be filed with the local agency. The local agency shall file said plan with the emergency response agency. The provisions of said plan shall be carried out immediately whenever there isa fire, explosion, or release of hazardous materials. Sec. 13.61. Contents of Contingency Plans. Contingency plans shall include, but not be limited to, the following information: (a) General description of the establishment; (b) A listing of the chemical name or common name of all hazardous materials generated or handled; (c) A listing ofa chemical and physical analysis for each hazardous material, including the known proper method (s) of hand ling, treatment, storage and disposal of the materials; (d) A list of name(&), address(es) and day and night phone numbers of all persons qualified to act as emergency coordinators; (e) A list of emergency response agencies with phone numbers to be contacted in the event of a fire, explosion or unplanned release of hazardous materials; (f ) A description of procedures, equipment and materials to be used to contain and clean-up spills of hazardous materials; (g) A list, description and location of emergency equipment available at the facility that will prevent or mitigate the exposure of humans and the environment to hazardous materials; (h) An evacuation plan for all buildings and premises, (i ) An identification of all access driveways which will be maintained and be continually available for emergency response vehicles. Sec. 13.62. Responsibilities of Emergency Coordinator(s). Emergency coordinators shall have the following responsibilities in the event of a fire, explosion or any unplanned release of hazardous material: (a) Compliance with Sec. 13.63; (b) Assist the emergency response agency authorized officer by providing information and assisting in expediting appropriate evacuation plans. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24, 25 26 27 28 AAD Distribution & Dry Cleaning Services, Inc. 2306 East 38th Street Vernon, California 90058 Telephone:(310) 714-2730 Fax: (323) 417-4982 BEFORE THE CITY COUNCIL CITY OF VERNON In the matter of: SUSPENSION OF AAD DISTRIBUTION &) DRY CLEANING SERVICES, INC.'S) HAZARDOUS MATERIALS ESTABLISHMENT) PERMIT FOR TWO WEEKS PERMIT NO. 6069 rn :W vr- CD- rn o rn NOTICE OF APPEAL OF VERNON: NOTICE IS HEREBY GIVEN THAT pursuant to Ordinance No. 961 Section 13-58, AAD Distribution & Dry Cleaning Services, Inc. hereby appeals the June 28, 2000 order issued by the City of Vernon's Environmental Health Department suspending AAD Distribution & Dry Cleaning Services, Inc.'s Hazardous Material Establishment Permit #6069 for two weeks. Said appeal is based upon the grounds that the June 28, 2000- order, among other things is arbitrary, capricious, without adequate evidentiary support, in excess of jurisdiction and contrary to law including but not limited to federal and state due process -I- NOTICE OF APPEAL. requirements, disparate treatment violation of equal protection and unjust taking of property. NOTICE IS FURTHER GIVEN that as Dr. Lewis J. Pozzebon, Director] of City of Vernon's Health Department has agreed, the June. 2811 2000 order shall be automatically stayed upon filing of this Notice of Appeal and AAD Distribution & Dry Cleaning Services, Inc. shall' receive one day credit from June 281h, 2000 for each day it did not accept waste in compliance with the June 28, 2000 order. Dated: June 29, 2000 Respectfully Submitted, AAD Distributr n & Dry Cleaning Services, Inc. n s PMdent y� -2- NOTICE OF APPEAL CITY COUNCIL LEONIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro-Tem W. "BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL McCORMICK Councilman BRUCE V. MALKENHORST City Administrator / City Clerk FAX (323) 581-7924 DAVID B. BREARLEY City Attorney FAX: (626) 330-5818 KEVIN WILSON Director of Community Services & Water FAX: (323) 58&2761 CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (323) 583-8811 ENVIRONMENTAL HEALTH DEPARTMENT February 15, 2000 KENNETH J. DeDARIO Director of Municipal Utilities FAX: (323) 583-1983 DAVE TELFORD Fire Chief FAX: (323) 581-1385 BRUCE W. OLSON Police Chief FAX: (323) 583 5236 AAD Distribution & Dry Cleaning HAZARDOUS MATERIALS 2306 E. 38t1i Street ESTABLISHMENT # 6069 Vernon, CA 90058 Attn: Harry Pourat Subject: Inspection of AAD Distribution & Dry Cleaning, 2306 E. 38th Street, Vernon, CA Dear Mr. Pourat: An inspection of your facility on December 28 and 29, 1999 revealed site conditions which are in violation of the Vernon City Code (VCC) and/or the California Code of Regulations (CCR); and/or do not comply with your Hazardous Waste Operations Plan (HWOP). Many of these conditions are repeat violations documented at previous inspection/re-inspections conducted during 1999. This letter is an of ficial notice to make the following corrections forthwith for the violations observed at the time of the most recent inspection: + Discontinue storing any full or partially full drums of hazardous material/waste outside the containment areas of the building. Sixty-four drums of recycled perch lorethylene were stacked along the exterior building wall in the yard, several waste/wastewater drums were in the yard, and two trailers were staged in the yard with hazardous wastes.{VCC, Sec. 13.59, 13.61, 13.72, & 21.15; 22CCR-66264.175; HWOP-Chapter VI.A.2.c] Discontinue accepting any wastes or product in excess of maximum volume allowed on -site (over 708 drums were observed). Maximum allowable limit is 670 drums. [HWOP-Chapter XIII.A.5.a.b.c.d; VCC, Sec. 13.72] Properly label all drums containing hazardous wastes. Fifteen 55-gallon drums full of hazardous waste with no visible label were observed inside one of the trailers. [VCC, Sec. 13.59 & 13.72; 22CCR-66262.31 ] A re -inspection will be scheduled on March 8 2000 at 10.00AM to check for compliance of the above noted violations. In a related matter, the Storm Water Pollution Prevention and Monitoring Plan (SWPPP) you submitted has been reviewed by this office and Community Services Department. Our findings are that you cannot implement the plan as indicated due to several factors; one being the on- going soils and vapor monitoring wells project, another being poor housekeeping. Storm water monitoring conducted on January 25, 2000 confirmed perchlorethylene in the rainwater at the sidewalk and in the yard area (3..3 ppb1440ppb). Therefore, you must remove the un-permitted asphalt berm across the yard entrance, and replace it with an approved trench -grate and sampling box. All storm water must not be allowed to collect in the yard, and should sheet -flow across to the trench -drain. Modification of the SWPPP shall include monitoring rainwater from this sampling box. Because of the facility's history of repeated violations and non-compliance at the subject location; the current violations which impact public health and environmental protection; and the serious threat to the Regional Water Quality Control Board's Storm Watet Pollution Prevention Monitoring Program from offsite discharges, the following conditions are required: • Do not store hazardous wastes outside in the yard area. • Do not store hazardous materials outside in the yard area. • Do not store any drums, empty or full, outside in the yard area. • Do not park trailers, trucks, or vehicles in the yard area. • Do not store any surplus equipment in the yard area. The only time you will be allowed to use the yard area will be under the following conditions: Liquid pumper vehicles may enter the yard to unload into or load from the containment areas within the building. Trucks and trailers may enter the yard to load and unload drums. All transfer activities must be carried out promptly from the building to the vehicles. Staging of drums in the yard is not permitted. Loaded trucks complying with D.O.T. requirements for shipping documents, placarding, and labeling, may be parked overnight, but must be removed upon opening and unloading in the morning. Waste manifests, and labels on each drum, shall be provided with each vehicle carrying wastes. We request that you comply with all provisions of this notice by March 8, 2000 to protect public health and eliminate public nuisance conditions. Failure to correct these conditions and maintain compliance may result in our proceeding with steps to revoke your Certificate of Occupancy and Health Permits. 2 If you have any questions, please feel free to contact us. i C X4-- Lewis J. Pozzebon Director/Health Officer Leonard Grossberg, M.P.A., R.E.H.S. Environmental Health Specialist Elizabeth Quaranta, M.S., R.E.H.S. Environmental Health Specialist Xc: Katherine Palmer, et. at., 5124 NE Clackahas, Portland, Oregon 97213 Department of Toxic Substances Control, 1011 N. Grandview Ave., Glendale, CA 91201 Attn: Garry Brown Attn: David Stuck Attn: Robert Kou Dr. John Cromwell, AYES, 50 East Foothill Blvd., Arcadia, CA 91006 Bruce Malkenhorst, City Administrator/City Clerk Kevin Wilson, Director/City of Vernon Community Services & Water Dept. Eduardo Olivo, City Attorney Lg: H W/tsd/aadFEB.doc 3 CITY COUNCIL LEONIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro-Tem m. 'BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL McCORMICK Councilman BRUCE V. MALKENHORST City Administrator / City Clerk FAX (323) 581-7924 DAVII)r B. BREARLEY City Attorney FAX: (626) 330-5818 KEVIN WILSON Director of Community Services & Water FAX: (323) 588-2761 CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (323) 583-8811 ENVIRONMENTAL HEALTH DEPARTMENT March 22, 2000 CERTIFIED MAIL KENNETH J. DeDARIO Director of Municipal Utilities FAX: (323) 583-1983 DAVE TELFORD Fire Chief FAX: (323) 581-1385 BRUCE W. OLSON Police Chief FAX: (323) 583-5236 AAD Distribution & Dry Cleaning HAZARDOUS MATERIALS 2306 E. 3$th Street ESTABLISHMENT # 6069 Vernon, CA 90058 Attn: Harry Pourat Subject Inspection of AAD Distribution & Dry Cleaning, 2306 E. 38th Street, Vernon, CA Dear Mr. Pourat: This letter is in response to the follow-up inspection of your facility conducted by Brett Koontz and myself with you on March 22, 2000. Also in attendance was Hormouz Pourat. The purpose of the visit was to document the status of violations noted during the December 28 and 29, 1999 inspections, which were discussed with you in December and documented in a letter to you, on February 15, 2000. That letter requested compliance by March 8, 2000. On March 7, 2000, a meeting was held with you in which you acknowledged that complete compliance would be attained in one week if we granted you an extension of time. Due to the ongoing lack of compliance, an extension was not granted. You were advised that you would continue to be out of compliance until all items were abated. On March 22, 2000, we re -visited your facility and found the following: • Hazardous Materials/Wastes storage outside the building containment areas: O Forty-two 55-gallon drums of recycled perchlorethylene were observed in the outside yard area. O Eighty-one 55-gallon drums labeled "Rain water" were observed stored in the outside yard area. • Wastes or product storage in excess of maximum volume allowed (670 drums): * Eight hundred sixty-one 55-gallon drums were observed on -site. • Drum labeling on -site: O One 55-gallon drum was observed unlabeled (possibly rain water). We also discussed the status of your Storm Water Pollution Prevention Plan (SPPP). At this time, the plan has not been approved, and we have not received the corrections necessary to consider the plan for approval. We are therefore issuing the following directives: I. You are to discontinue accepting any waste, or product, until such time as you have reduced the total volume of drums to 670 or under, by an approved method. At that time you shall make contact with our office to verify compliance, and obtain written permission from us, to resume receiving operations. 2. You are to remove all drums, empty or full, from the outside yard area. Provide this office with documentation, as to the proper movement and/or disposal of all items (including waste- water). No storage of empty or full. drums is permitted in the yard area. 3. Remove the un-permitted berm at the parking lot/sidewalk-driveway location, and submit the necessary items requested to obtain approval of the SPPP. A Final Follow-up Inspection is scheduled for April 26, 2000 at 11:00 a.m. Failure to attain complete compliance by this date will result in our office commencing Permit Revocation or Suspension Proceedings [Vernon City Code: Chapter 13.7, Ordinance #961, Section 13.58 (Attached)]. If you feel you are ready for a re -inspection prior to this date, please contact our office to schedule an appointment. If you have any questions, please feel free to contact us. Sincerely, Lewis J. Pozzebon Director/Health Officer Leonard Grossberg, M.P.A., R.E. Environmental Health Specialist Brett Koontz, M.S., R.E.H.S. Environmental Health Specialist 2 Attachment Xc: Katherine Palmer, et. al., 5124 NE Clackahas, Portland, Oregon 97213 Department of Toxic Substances Control, 1011 N. Grandview Ave., Glendale, CA 91201 Attn: Garry Brown Attn: David Stuck Attn: Robert Kou Dr. John Cromwell, AYES, 50 East Foothill Blvd., Arcadia, CA 91006 Bruce Malkenhorst, City Administrator/City Clerk Kevin Wilson, Director/City of Vernon Community Services & Water Dept, Eduardo Olivo, City Attorney Lg: H W/tsd/aadMARCH.doc 3 ORDINANCE NO. 961 Article IV. Hazardous Materials Monitoring Program Sec. 13.48. Purpose. Thedeclared purposeof this Article is (i) to provide fortheestabfishmentofa program to monitor establishments where hazardous materials are produced, stored, handled, disposed of, treated, emitted, discharged, or recycled; 00 to provide that said program be administered by the Health Officer; and (iii) to provide that the Fire Department be assigned the responsibility to be the Emergency Response Agency and to direct and coordinate emergency response in the event of releases of hazardous materials. Sec. 13.49. State Law Adopted by Reference. The[ityCoundiof the Cityof Vernon hereby adopts by reference the requirements of the State Hazardous Waste Control Law. Chapter 6.5 of the Health and Safety Code and the minimum standards for the management of hazardous and extremely hazardous waste asspecified in Chapter 30, Division 4, Title 22 of the California Administrative Code, and the requirements for the hazardous materials release response plans and inventory haw, Chapter &95 of the Health and Safety Code of the State of California. Sec. 13.50. Definitions. For the purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to them by this section: "CAS Number"` means the unique identification number assigned by the Chemical Abstracts Senice to specific chemical substances. "City Council" means the City Council of the City of Vernon. "Contingencv Plan" means a business plan or area plan setting out an organized, planned and cxtrdinated course of action to be followed in case of a fire, explosion or unplanned release of hazardous material so as to minimize exposure and hazards to human health and the environment. "Emergency Response Agency" means the Fire Department of the City of Vernon. "Extremeiy Hazardous Waste" means any hazardous waste or mixture of hazardous wastes which, if human exposure should occur, may likely result in death, disabling personal injury or serious illness caused by the hazardous waste because of its quantity, con centraticm or chemical characteristics. "Fire Chief' means the Fire Chief of the Vernon Fire Department, or his duly authorized representative. "'Handle" means to use, generate, process, produce, package, treat, store, emit, discharge, incinerate, recycle or dispose of a hazardous material in any fashion. 'Hazardous Material" means any materiat�that, because of its quantity, concentration, or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released into the workplace or the envirmmenL"Hazardous Materials" include; but are not limited iti, hazardous substances, hazardous waste, and any material which a handler or the Heal agency has a reasonable bards for believing that it would be injurious to the health and safeiv of personsor harmful to the environment if released into the workplace for the environment. "Hazardous Materials Establishment" means any room, building or place, or portion thereof, maintained, used or operated where hazardous materials are produced, stored, handled, disposed of, emitted, treated or recycled. "Hazardous Waste" means a waste or combination of wastes which, because of its Suantiiy, concentration, or physical, chemical, or infectious characteristics, may either: (a) Cause. or significantly, contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness; or (b)Pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported or disposed of, or otherwise managed. The term "Hazardous Waste" shall be understood to also include "Extremely Hazardous Waste, unless expressly provided and mislabeled or inadequately labeled hazardous materials; and hazardous materials packaged in deteriorated containers. "Health Officer" means the City Health Officer, or his duly authorized representative. The duties of the Health Officer are those set forth in the Health and Safety Code of the State. Whenever a power is granted to or a duty imposed upon the Health Officer in this' Article, the power may exercised or the duty performed by a duly authorized representative of the Health Officer, unless this Article expressly provides otherwise. '1,ocal Agency' means the Health and Environmental Control Section of the City of Vernon. (b) An application shall include, but not be limited to, the following information: (1) The name and address of the property owner and the owner -operator of the establishment; (2) The address and location of the establishment or activity; (3) The name(s) and 24 hour phone number(s) of contact person(s) qualified and authorized to ad as emergency coordinators; (4) A listing of the chemical name, any common name and the CAS number for each hazardous material handled; (5) A MSDS for each hazardous material handled; (6) The approximate annual quantity of each hazardous material handled; (7) The maximum quantity of each hazardous material on the premises at any one time; (8) A description of the hazardous material activity being conducted; (9) A statement that appropriate permits to operate and discharge have been obtained from Federal, State, Regional and local agencies and a list of such agencies, permit number, permit type and expiration dates. (c) A permittee shall notify the local agency, in writing, of any changes in items b(1) through b(9) above within thirty (30) days, and the local agency shall amend the permit accordingly. (d) A copy of the application and attached documents shall be provided the emergency response agency by the local agency within two (2) working days of receipt. Sec. 13.55. Permit Fee. (a) A fee shall be paid to the local agency by each person who submits an application fora permit to operate a hazardous materials establishment or to renew, amend or terminate a permit required by this Article. Such permit fees shall be established by resolution of the City Council of the City of Vernon, at a level sufficient to pay the necessary and reasonable costs incurred in administering this Article, including, but not limited to, permitting and inspection services. The City Council may provide for the caiverzof fees when a public agency makesanapplication fota permit or renewsa permit; (b) There shall be added to and collected with the permit orother feesa penalty equal to ten percent (101%) of the fee for all fees that are delinquent for thirty (30) days. For each additional month or fraction thereof in which a delinquency continues, an additional ten percent (10%) penalty shall be collected. In no event shall the total penalty exceed sixty (60%) of the permit fee. (c) No refund or rebate of a permit fee shall be allowed by reason of the fact that the permit is denied or the permittee discontinue operation of the facility prior tuexpiration of the term or that the permit is suspended or revoked prior to the expiration of the term. Sec. 13.56. Permit Renewal. The initial hazardous materials establishment permit shall be renewed annually upon payment of the renewal fee. An application shall be submitted for each secceeding renewal period and shall include all pertinent changes made since the previous application. Permits shall become effective on July Istand expire on the following June 30th of each year. Permits that are not renewed by August Ist become delinquent and are subject to the penalty indicated in Section 13. 5�9(b). Sec. 13.57. Notice of Approval of Disapproval. The kcal agency shall determind, after conducting an inspection of the hazardous materials establishment, whether the initial application filed by the applicant is accurate and complete and shall issuea written notice of approval ordisapproval of the issuance of a permit to the establishment operator within 60 days of the evaluation inspection. The permittee may appeal the determination to the City Council. Failureto file a written appeal with the City Clerk within thirty (30) days of said determination shall bedeemed a waiver of the right to appeal. Sec. 13.58. Permit Revocation or Suspension. The hazardous materials establishment permit shall be subject to revocation or suspension by the local agency upon the determination by the local agency of a violation by the holder of such permit, his employee, or agent, or any other person acting with his consent or under his authority of any provision of th is Article or any referenced law of the State of Califomia. The permittee may appeal the ruling to the City Council. Failure to file a written anneal with the City Clerk within thirty (301 days of said reline shall be deemed a CITY COUNCIL LEONIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro-Tem Wtn. "BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL McCORMICK Councilman BR10E V. MALKENHORST City Administrator J City Clerk FAX (323) 581-7924 DAVID B. BREARLEY City Attorney FAX: (626) 330-5818 KEVIN WILSON Director of Community Services& Water FAX: (323) 588-2761 CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (323) 583-8811 ENVIRONMENTAL HEALTH DEPARTMENT June28, 2000 KENNETH J. DeDARIO Director of Municipal Utilities FAX: (323) 583-1983 DAVE TELFORD Fire Chief FAX: (323) 581-1385 BRUCE W. OLSON Police Chief FAX: (323) 583-5236 AAD Distribution & Dry Cleaning HAZARDOUS MATERIALS 2306 E. 38" Street ESTABLISHMENT # 6069 Vernon, CA 90058 Attn: Harry Pourat Subject: Inspection of AAD Distribution & Dry Cleaning, 2306 E. 38d' Street, Vernon, CA Dear Mr. Pourat: This letter is in response to the inspection of your facility conducted by Elizabeth Quaranta and myself on June 23, 2000. The purpose of the visit was to document the status of violations noted during the previous inspections. A walk through of the facility revealed dirty floors, unsafe storage of waste drums, numerous broken windows, a leaking waste drum not in secondary containment, an un-permitted spray -booth, as well as drum storage in the parking lot. A written copy of the report was issued to Hormouz Pourat (Attachment). A follow-up inspection was scheduled for Tuesday, June 27, 2000, with Harry Pourat. As a result of this visit, we observed numerous additional violations: • Over 685 fifty-five gallon drums of waste were observed within the facility. • Over 160 fifty-five gallon drums were stored outside of the secondary containment areas. • Numerous dirty drums with waste material dripping from tops and sides were observed in facility. • Unsafe storage of full waste drums over empty drums. • Poor housekeeping and storage prevented us from accessing storage/containment areas. • Poor access to restrooms and eyewash station. • Spillage at loading dock floor and outside yard areas. 1 d Our May 18, 2000 letter required that your facility stay in compliance with regards to three specific orders: l . Maintain the inventory within the facility below the permit limit of 670 drums. 2. Discontinue any drum storage/staging in the yard areas. 3. Complete the Storm Water Pollution Prevention Plan project. As stated in our recent inspection, you have not complied with these orders, and you have Continued to violate these orders on a regular basis. We are therefore sus ending your Hazardous Materials Establishment Permit #6069 for two weeks commencing with the issue of this letter. Effective with this suspension, you may not receive any wastes at the facility, yet you may continue to process and ship out waste. Your permit is subject to re -instatement after July 12, 2000 if complete compliance on 'all violations is obtained. Failure to comply, or re -occurrence of violations will be grounds to revocate your health permit! If you have any questions, please feel free to contact us. Sincerely, Lewis J. Pozzebon Director/Health Officer Leonar Grossberg, M.P.A., R.E.H. Environmental Health Specialist Attachment Xc: Katherine Palmer, et. al., 5124 NE Clackahas, Portland, Oregon 97213 Department of Toxic Substances Control, 1011 N. Grandview Ave., Glendale, CA 91201 Attn: Garry Brown Attn: David Stuck Attn: Peter Chen Kevin Wilson, Director/City of Vernon Community Services & Water Dept. Lg:RW/ sd/AADjune28.doc 2 To operate ptepart g Records an Protection Z Gauging 0 %—III Ur vCKNUN DATE: Environmental Health Department LID 4305 Santa Fe Ave. �—�EfA Vernon, CA 90058 E Z Go Ca (323) 583-8811 - ext. 233 "2,z 10 Unified Hazardous Materials Control Program TEo OFFICIAL INSPECTION REPORT 07 PHONE NO.: UUT CORRECT VIOLATIONS AS FOLLOWS- . C ......... ...... ...... �. CORRIEW=OLATIONS A::.�MjLL FOLLOWS; 410 .. ............. D. h"ap" 1"g -e4,-qa 01:f . . . k, /14 . . . . . . . . . . . . & 35/36 a ....,. ?... /* . .......... .................... ........... -bwlovo... ......... e. /1'. ..b-2 5/26 ........... ..................... ..................................................... %MffE - OwnedOoerstor CANARY - File - PTW . T—A.m... AAD DISTRIBUTION & DRY CLEANING 2306 E. W Street June27, 2000 Drum and pallet storage in yard Full waste drums stacked above empty ones ■ Containment area C Interior drum storage, blocking of aisles Bottom & middle rows full of waste, outside of containment areas. RAI Uontamment area B Containment area B �� Center aisle full of waste drums Dirty drums in area of containment B 2 I Broken windows Broken windows r of Broken windows broken windows 3 Dirty floor at yard. Transfer of waste product onto pumper truck. 8cLG:HAZ W ASTE/AADj une27.dm 4 City of Vernon June 11,1998 4305 Santa Fe Avenue Vemon, California 90058 (213) 583-8811 ENVIRONMENTAL HEALTH DEPARTMENT March 22, 1999 NARRATIVE OF EVENTS AAD Distribution & Dry Cleaning Services, Inc. Mr. Harry Pourat, President 2306 E. 38te St. Vernon, CA 90058 A routine inspection was conducted with Robert Bagdadi of AAD Distribution & Dry Cleaning Services, Inc., located at 2306 E. 38' St., Vernon, CA 90058 by Leonard Grossberg, M.P.A., R.E.H.S. and Liz Quaranta, M.S., R.E.H.S., Environmental Health Specialists. An Official Inspection Report was issued and received by Robert Bagdadi. November 12,1998 A reinspection was conducted by Leonard Grossberg and Liz Quaranta. Partial compliance was observed at the time of inspection. November 14,1998 A public hearing was conducted by The Department of Toxic Substances Control (DTSC) at the Louis Stevenson Public Library at 803 S. Spence St., L.A., California. DTSC is in the process of proposing to deny a hazardous waste permit to AAD for noncompliance and an incomplete application. The public comment period was extended and another hearing was scheduled for January 13, 1999. November 16, 1998 A reinspection was conducted by Leonard Grossberg and Liz Quaranta. Most violations were corrected, with the exception of updating the facility's City of Vernon Hazardous Materials Reporting Form. AAD Distribution & Dry Cleaning Services, Inc. Page 2 of 8 2306 E. 381h St Vernon CA 90058 January 4,1999 Leonard Grossberg, Environmental Health Specialist, observed more than 200 drums in the outside parking lot, east of the AAD office, while driving by the facility. The drums were stacked three high and filled most of the lot. A picture was taken by Leonard Grossberg across the street from the facility. Mr. Harry Pourat called Leonard Grossberg and stated that he had seen him take a picture of his facility. He explained that a new regulation required he change his Department of Transportation (DOT) drums to U.N. approved drums by January 1, 1999. He explained that he was behind schedule so he was in the process of catching up and would be completed with the project within a few weeks. He explained that his plan was to schedule a few trucks per day to remove old drums and bring in new ones. He was advised by Leonard Grossberg that a follow up inspection would be conducted in a few days. January 7,1999 Mr. Harry Pourat called Leonard Grossberg and stated he under estimated the amount of work needed. He requested a time extension to January 11, 1999. The time extension was granted by Leonard Grossberg. January 11,1999 Leonard Grossberg and Liz Quaranta, M.S., R.E.H.S., Environmental Health Specialists, arrived at the facility to conduct a site inspection. A liquid pumper truck was observed transferring waste product from AAD. More than 600 drums were observed in the parking lot. In addition, more than fifty 55-gallon drums were observed inside the adjacent facility, which is a separate business located at 2312 E. 38 h St., through an opened loading dock door. The facility shares the parking lot with AAD. An AAD employee, who was working at the AAD loading dock area, was observed walking into the opened loading door at the 2312 E. 38" St. building. Leonard Grossberg and Liz Quaranta entered the warehouse at 2312 E. 38t' St. and observed between 200 and 300 blue metal drums with hazardous waste labels on them. Leonard Grossberg and Liz Quaranta identified themselves to Mr. Juan Chavez. He stated the drums contained solvent parts cleaning waste. He stated the owner was next door. When asked if that was Harry Pourat, he said yes. Mr. Harry Pourat was contacted by phone by the secretary. Leonard Grossberg spoke with Mr. Harry Pourat and said the purpose of the site visit was to status the results of the removal of drums from the parking lot. Mr. Pourat said he would not be in until 3:30 p.m. He was asked to come to the Vernon City Hall Environmental Health Department, at 3:30 p.m., for an administrative hearing with the Director of Environmental Health. He agreed to the meeting. An administrative hearing was conducted by Lewis Pozzebon, Director/Health Officer with Mr. Harry Pourat. Leonard Grossberg and Liz Quaranta were also present during the hearing. Mr. Pourat stated that he owns 10 percent of the business operating at 2312 E. 38 h St., and transports the waste for the company, Clean Solutions, D.B.A.: Rite Choice. He said the owner of the facility is John Neharoff. He was advised that the storage of hazardous waste at this facility wasnot approved by the City of Vernon. AAD Distribution & Dry Cleaning Services, Inc. Page 3 of 8 2306 E. 38'" St. Vernon CA 90058 The excessive outside storage was also discussed with Mr. Harry pourat. Mr. Pourat stated that the company is under orders by the United States Department of Transportation to discontinue the use of non-U.N. approved drums. He said he is about 80% complete in replacing the drum inventory. He agreed to comply by January 15, 1999. Mr. Pourat also agreed to meet Leonard Grossberg and Liz Quaranta at the facility at 4:00 p.m. to conduct a site inspection. A site inspection was conducted at 4:00 p.m. by Leonard Grossberg, Liz Quaranta, and Richard Lucas (Community Services Department) at both 2312 E. 38d` St. and 2306 E. 38 h St. More than 500 drums were observed in the parking lot. Uncleaned drums containing residual waste, drums both labeled and unlabeled were filled with waste, and cleaned empty drums were observed in the parking lot. In addition, drums were stacked three high in the parking lot and inside the building. Inside the building, labeled and filled drums were observed both inside and outside of the secondary containment areas. An employee was observed scraping residual sludge from the bottom of a 55-gallon drum without a respirator or other personal protective equipment. Mr. Pourat said he would take care of this right away. Leonard Grossberg requested the employee stop working until properly fitted with appropriate personal protective equipment. Mr. Pourat instructed the employee to use the proper equipment at once. Three photographs were taken of conditions observed both inside and outside of the building. Mr. Pourat was issued an Official Inspection Report regarding the excessive storage both inside and outside of the facility.. January 12,1999 The Department of Toxic Substances Control (DTSC) was contacted by Leonard Grossberg regarding Observations made at both facilities. January 13,1999 A public hearing was conducted by The Department of Toxic Substances Control (DTSC) for the denial of a hazardous waste management permit for AAD, at the City of Vernon Council Chambers located at 4305 Santa Fe Ave., Vernon, CA. January 15, 1999 Liz Quaranta consulted with DTSC regarding observations made. DTSC requested that a reinspection not be conducted until their department conducted an investigation at the site. January 18,1999 Mr. Harry Pourat left a message for Leonard Grossberg, by telephone, stating that he shipped one truck load of drums and one truck load of waste water on Friday (January 15, 1999) and will ship one more truck load that day (January 18, 1999). January 19,1999 Mr. Harry Pourat left a message for Leonard Grossberg, by telephone, stating that he is still working on AAD Distribution & Dry Cleaning Services, Inc. Page 4 of 8 2306 L 38m St Vernon, CA 90058 complying with the drum and waste water disposal. January 27,1999 A joint inspection conducted at Clean Solutions, D.B.A.: Rite Choice, located at 2312 E. 3811 St., by Leonard Grossberg, Liz Quaranta, and representatives from DTSC, Paul Baranick, Glenn Forman, Frank Parr, and Larry Stuck, revealed that AAD was parking a bobtail truck, which held solvents parts cleaning waste, on an unpaved lot located at 2229 E. 38 h St. Mr. Juan Chavez of Clean Solutions, D.B.A.: Rite Choice obtained the keys for the AAD bobtail truck from Hormoz Pourat of AAD for the purpose of opening the loading door for inspection. Full, blue, metal drums, with hazardous waste labels, were observed inside the AAD Bobtail truck. Mr. Juan Chavez stated the trucks were parked each night at this location. Pictures were taken of the trucks observed on the unpaved lot. Mr. Hormoz Pourat received an Official Inspection Report issued by Liz Quaranta, regarding the unapproved storage of the bobtail trucks used to hold hazardous waste on the unpaved lot. In addition, the AAD parking lot was still full of drums. It did not appear as if any progress had been made in removing the drums from the parking lot. Pictures were taken from the sidewalk and across the street. February 1,1999 Mr. Harry Pourat contacted Leonard Grossberg by telephone and stated that one truck load of drums was being removed from the yard at that moment. He also stated that another load is scheduled at 7:00 a.m. on February 2, 1999, and another for removal of waste water was scheduled for February 5, 1999. The City of Vernon Hazardous Materials Reporting form, signed by Mr. Harry Pourat, was received in the Environmental Health Department by clerical staff. February 2,1999 Liz Quaranta observed, from the street, that the bobtail truck had been removed from the unpaved lot at 2229 E. 38'h St. Liz Quaranta observed, from the street, that the drums were still being stored in the AAD parking lot. The number of drums stored did not appear to have changed. February 2,1999 Liz Quaranta contacted David Stuck of DTSC for an update on the progress of the investigation. Mr. Stuck stated that an inspection was conducted at AAD the previous week and that a summary violation notice is being sent by mail to AAD. He said if no compliance is observed in two weeks, then an enforcement order would be issued, followed by an injunction one week after the issuance of the enforcement order. He stated that the orders issued by DTSC included ceasing the receipt of waste until the facility fell below its permitted amount of waste held on the site. He also stated that samples were taken from drums of waste stored at the facility. AAD Distribution & Dry Cleaning Services, Inc. Page 5 of 8 2306 E. 386 St. Vernon, CA 90058 February 3,1999 The City of Vernon Fire Department conducted a site inspection of AAD. Numerous violations of the Fire Code were observed. In addition, a spill was observed during a transfer operation between a liquid pumper truck and AAD. An employee was observed cleaning up the spill with a paper towel. Captain Steve Ruffoni issued an inspection report to Mr. Pourat. The report detailed violations observed at the time of inspection. Captain Steve Ruffoni advised Mr. Harry Pourat that he was not allowed to store any drums at this outside location. Mr. Harry Pourat stated that it would take a maximum of 20 days to remove all of the drums and correct all of the other violations. Captain Steve Ruffoni advised Mr. Pourat that a reinspection would then be conducted in 20 days on February 24, 1999. February 17,1999 DTSC conducted a reinspection and found noncompliance. They collected a sample from a puddle on the ground in the parking lot and observed sixteen hundred drums stored at the facility. The sample was found to contain 11000 ug/l perchloroethylene. February 23,1999 DISC faxed laboratory results of samples taken from drums containing waste during their January site inspection. One of the samples was found to be classified as ignitable waste. March 10,1999 A reinspection was conducted by Leonard Grossberg, Liz Quaranta, and Richard Lucas with Mr. Harry Pourat. The purpose of the reinspection was to determine compliance with the Notice of Violation issued on January 11, 1999. The parking lot was filled with both full and empty drums. It appeared as if more drums had been added to the parking lot since the January 11, 1999 inspection. Both full drums, drums containing sludge, uncleaned drums, and buckets, were observed in the outside parking lot. At least two hundred and forty, metal, 55-gallon, black drums, were observed full, and did not have a hazardous waste label. During the inspection, a transfer operation was taking place between AAD and a pumper truck. Vapors were detected from the pumper truck during the transfer operation. In addition, a spill was observed during the transfer operation and an employee was observed using a wet/dry vacuum to clean it up. The spill was only partially cleaned up. In addition, puddles and evidence of other spills were observed in the parking lot. Other violations were also noted in an inspection report issued to Mr. Harry Pourat on March 16, 1999. In addition, approximately fifty, black, metal, uncleaned, 55-gallon drums, which contained residual perchioroethylene sludge was observed stored in the building at 2312 E. 38' St. Mr. Pourat was advised at the time of inspection, to once again, remove all of the drums from the yard, maintain the yard clean, clean floors, provide documentation of drum removal, properly contain and properly dispose of rain water from the parking lot, and to discontinue storage of any kind next door (2312 E. 38' St.). Pictures were taken of conditions observed at the time of inspection. Leonard Grossberg and Liz Quaranta returned to AAD for the purpose of taking samples from puddles and AAD Distribution & Dry Cleaning Services, Inc. Page 6 of 8 2306 E. 381h St. Vernon, CA 90058 spilled liquids on the ground in the parking lot area. Sterile sampling equipment was obtained from Positive Lab Service, who is certified to analyze of perchloroethylene. Mr. Harry Pourat granted permission for the taking of the samples. Two samples were taken by Leonard Grossberg. The samples were taken using a sterile pipette, placed into a sterile sample container, labeled, placed into plastic bags, placed inside a cooler which held gel packs, and delivered under chain of custody to Positive Lab Service. March 11,1999 DTSC representatives used an HNU analyzer to detect levels of vapors emanating from a pumper truck during a transfer operation. Representatives from DTSC indicated that 200 ppm were detected from the sidewalk during the transfer operation. March 15,1999 Reinspection of the parking lot area was conducted from the side walk by Liz Quaranta and Richard Lucas. It was raining at the time of inspection. Metal diamond plate, approximately four inches high was used to block the run off from the lot, and pumps were being used to pump water into drums. Rain water was observed being pumped into a drum containing residual sludge. Mr. Hormoz Pourat was present and stated the contents of the drums would be tested and properly disposed of. Laboratory results were faxed from Positive Lab Service. Results indicated that one sample contained 230 ug/l of tetrachloroethene and the other contained 540 ug/1 tetrachloroethene. Perchloroethylene is also known as Tetrachloroethene, and micrograms per liter (ug/1) equals parts per billion (ppb). Mr. Harry Pourat and his attorney, Joel Moskovitz, called and spoke to Lewis Pozzebon, Director/Health Officer, and stated the facility will be in complete compliance by March 23, 1999. They said DTSC will be conducting a site inspection for their court appearance scheduled for March 24, 1999. Mr. Pourat stated he would like us to accompany them. He said his building is empty and that drums are still in the parking lot. Mr. Pozzebon said that all drums must be stored inside the secondary containment within the building. Mr. Pourat stated they are 75% complete in exchanging the DOT approved drums. He said that when the old drums come in, they are no longer managed at AAD, but are shipped via "Statewide Environmental Services" for disposal. Mr. Pozzebon stated that the department is interested in compliance and will reinspect on March 23, 1999 with DTSC. March 16,1999 The notice of violation for the observations made on March 10, 1999 was hand delivered to AAD by Leonard Grossberg. AADhist AAD Distribution & Dry Cleaning Services, Inc. Page 7 of 8 2306 L 381h St Vernon, CA 90058 ADDITIONAL RELEVANT HISTORY June 2,1987 Mr. Harry Pourat discussed possible processing of mineral spirits. He was informed that an H-2 room would be required, along with proper ventilation and fire sprinklers. March 2,1989 An inspection revealed several discrepancies in the operation of the facility and its approved Permit and Operations Manuel. March 16,1989 Received confirmation from DTSC regarding perchloroethylene contamination found in soils under the parking lot. March 28,1989 A complaint was received by the City of Vernon Environmental Health Department regarding noxious odors being emitted from trucks during transfer operations. A notice of violation was issued to AAD. A referral was made to AQMD. August 27,1991 Storage of full drums was observed outside during a routine inspection. An Official Inspection Report was issued. September 17,1991 A complaint was received regarding foul odors which caused dizziness to neighboring businesses employees. Response by the Fire Department revealed a pumper truck transferring waste from AAD. A referral was made to AQMD. October 2,1993 An inspection revealed numerous sanitation violations and unapproved storage of hazardous waste outside. An Official Inspection Report was issued. October 19,1993 A white plume was observed during transfer operations. Operations were ordered to immediately discontinue. AAD Distribution & Dry Cleaning Services, Inc. Page 8 of 8 2306 E. 3816 St. Vernon CA 90058 A referral was made to AQMD. January 31,1994 An inspection revealed employees were not using proper personal protective equipment. An Official Inspection Report was issued. October 24,1994 AAD applied for an Occupancy Permit for 2312 E. 38' St. for the storage of drums. However, the request was canceled on June 13, 1995, by Richard Lucas, Sr. Building Inspector. August 31,1995 A letter was sent to AQMD regarding the history of complaints regarding releases of perchloroethylene from AAD. DTSC stated they were working closely with AQMD on monitoring and permitting efforts. February 22,1996 A complaint was received regarding toxic odor being emitted from siding of building. An official inspection report was issued. &4n dinama NEW 'eta la�� me- Z �iq 5: -� t o FRANCESCA L. FREY DEPUTY DISTRICT ATTORNEY ENVIRONMENTAL CRIMES/OSHA DIVISION 201 N. FIGUEROA STREET �tT ATYO 5` *� SUITE 1200 LOS ANGELES, CA 90012 213 0 580 • 3396 FAX: 213 • 202 • 5990 GIL GARCETTI • DISTRICT ATTORNEY • LOS ANGELES COUNTY WILLIAM FLORES SUPERVISING INVESTIGATOR ENVIRONMENTAL CRIMES BUREAU OF INVESTIGATION n1A 201 N FIGUEROA STREET SUITE 1o0 LOS": tLES„CA:90t12 213 • 580 •.3384 FAX. 213 • 202 • 5990 GIL GARCETTI • DISTRICT ATTORNEY • LOS ANGELES COUNTY State of California California Environmental Protection Agency Department of Toxic Substances Control a Region 3 Site Mitigation Operations Branch IQll N. Grandview Avenue Glendale, CA 91201 David Stuck (818) 551-28H Hazardous Substances CALNET 8-667-2863 Scientist FAX (818) 551-2874 Genium Publishing Corporation Material Safety Data Sheets Collection: ® One Genturn Plaza Sheet No. 313 Schenectady, NY 123044690 USA Perchloroethylene (518) 377-88.54 Teem -A- 11 nQ D—A..,,,.. c Mnl) Perchloroethylene (C2C1J Description: By chlorination of hydrocarbons and pyrolysis of the carbon tetrachloride R 1 NFPA that is formed, or by catalytic oxidation of 1,1,2,2-tetrachloroethane. Used in dry cleaning and textile processing, 1 3 metal degreasing, insulating fluid and cooling gas in electrical transformers, production of adhesives,* 0 and coatings; as a chemical intermediate, a solvent for various applications, xtractant for pharmaceuticals, pesticide K 0 2 0 intermediate, and an antihelminthic (parasitic worm removal) agent in veterinary medicine. * Skin Other Designations: CAS No. 127-18-4, Ankilostin, carbon dichloride, Didakene, ethylene tetrachloride, Perchlor, absorption HMIS Perclene, Perk, Tetracap, tetrachloroethylene. H 2t Manufacturer: Contact your supplier or distributor. Consult latest Chemicd Week Buyers' GuideO) for a suppliers list. F 0 R 0 PPE$ Cautions: Perchloroethylene is a central nervous system depressant, causes liver and kidney damage (from acute or t Chronic chronic exposures), and is considered an IARC Class 2B carcinogen (animal sufficient evidence, human inadequate data), effectssec. 8 1991 OSHA PEL 8-hr TWA: 25 ppm (170 mg/m3) 1990IDLH Level 500 ppm 1"0 NIOSH REL NIOSH-X Carcinogen Limit of Quantitation: 0.4 ppm a small amount of amine or 1992-93 ACGIH TLVs TWA: 50ppm (339 mg/ni) STEL: 200 ppm (1357 mg/m) 1"0 DFG (Germany) MAK TWA: 50 ppm (345 mg/rr>) Category H: substances with systemic effects Half-life: < 2 hr Peak Exposure limit: 100 ppm, 30 min average value, 4/shift stabilizers. 1985-86 Toxicity Data - Man, inhalation, TCL,: 280 ppm/2 hr caused conjunctival irritation and anesthesia. Human, lung: 100 mg/L caused unscheduled DNA synthesis. Rat, oral, LD50: 3005 mg/kg; caused somnolence, tremor, and ataxia. Rat, inhalation, Wt..: 200 ppm/6 hr given intermittently over 2 years produced leukemia and testicular tumors. Rabbit, eye: 162 mg caused mild irritation. Rabbit, skin: 810 mg/24 hr caused severe irritation. * See NIOSH, RTECS OW850000), for additional irritation, mutation, reproductive, tumorigenic, & toxicity data Setttl0` : . 11.3. :.:::.:::...._.: -- - --- c"uwrgniuon i emperature:14ontlammable I LEL: None reported I UEL: None reported Extinguishing Media: For small fires, use dry chemical, carbon dioxide (CO.). For large fires, use water spray, fog, or regular foam. Unusual Fire or Explosion Hazards: Vapors are heavier than air and collect in low-lying areas. Special Fire -fighting Procedures: Because fire may produce toxic thermal decomposition products, wear a self-contained breathing apparatus (SCBA) with a full facepiece operated in pressure -demand or positive -pressure mode. Apply cooling water to sides of container until well after fire is out. Stay away from ends of tanks. Do not release runoff from fire control methods to sewers or waterways. Stability/Polymerization: Perchloroethylene is stable to 932 'F 500 ' Y up ( C) m the absence of catalysts, moisture, and oxygen but deteriorates rapidly in warm, moist climates. It is slowly decomposed by light Amine or phenolic stabilizers are usually added. Hazardous polymerization cannot occur. Chemical Incompatibilities: Slowly (faster in presence of water) corrodes aluminum, iron, and zinc. It is incompatible with chemically active metals (i.e., barium, beryllium, and lithium (explodes with lithium shavings), strong oxidizers, sodium hydroxide, caustic soda, potash, and nitric acid. Perchloroethylene forms an explosive mixture with dinitrogen tetraoxide and reacts with activated charcoal at 392 'F (200 *C) to yield hexachloroethane and hexachlorobenzene. Conditions to Avoid: Contact with moisture and incompatibles. Hazardous Products of Decomposition: Thermal oxidative decomposition of perchloroethylene can produce carbon dioxide and toxic chlorine, hydrogen chloride, and phosgene gas (also produced by contact with UV light). Carcinogenicity: Perchloroethylene is listed as a carcinogen by The IARC (Group 2B, animal sufficient evidence, human inadequate data) NTP (Class 2, reasonably anticipated as a carcinogen, with limited human evidence and sufficient animal evidence) (169) NIOSH (Class-X, carcinogen defined with no further explanation)P64> and DIG (MAK-B, justifiably suspected of having carcinogenic potential)(164). There is some controversy regarding human carcinogenicity because even though there is an increased number of cancers of the skin, colon, lung, urogenital tract, and lympho-sarcomas; the dry cleaning workers studied were also eitposed to other chemicals. Summary of Risks: Perchloro- ethylene is stored in the fatty tissue and slowly metabolized with the loss of chlorine. The half-life of its urinary metabolite (trichloraacetic acid) is 144 hours. Perchloroethylene exerts the majority of its toxicity on the central nervous system causing symptoms ranging from light- headedness and slight `inebriation' to unconsciousness. Liver damage is possible after severe acute or minor long-term exposure. It has a synergistic effect with toluene. Continue on neat page Capnithr o 1992 Qemom PoN;sLroe rr w...,..,..,...,..:.� .... ,� ��.,:— --'-` _ _ .. .... - I 1 2 3 4 5 6 7 8 9 10 11 12 13i 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 1031 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERNON AMENDING THE CODE OF THE CITY OF VERNON, CALIFORNIA, 1959, BY REPEALING CHAPTER 21, SEWERS AND SEWAGE DISPOSAL, OF THE CODE OF THE CITY OF VERNON, CALIFORNIA, 1959, AND ADDING CHAPTER 21 THERETO REGARDING SEWERS AND STORM DRAINS AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH WHEREAS, in order to meet California Regional Water Quality Control Board discharge requirements for storm water and urban runoff,.the City Council adopted Resolution No. 6366 on December 7, 1993, whereby it became a co-permittee under the National Pollutant Discharge Elimination System permit issued to the County of Los Angeles; and WHEREAS, the City of Vernon is required to adopt a water Pollution control ordinance or show other adequate legal authority by June 301 1995; and WHEREAS, the Code of the City of Vernon, California, 1959, contains various provisions on sewers, sewage disposal, garbage, rubbish, weeds, underground storage tanks, hazardous materials spills, encroachments, building codes, and health regulations pertaining to vehicles which collect garbage, offal, and sewage, all of which relate to storm water and urban runoff discharge, but some of which need to be clarified, amended, and/or codified; and WHEREAS, the Acting Director of Community Services has recommended that the existing Chapter 21, Sewers and Sewage Disposal, of the Code of the City of Vernon, California, 1959, be revised and updated to reflect new federal and state standards. 1 THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS: 2 SECTION 1: The City Council of the City of Vernon hereby 3 finds and determines that the recitals contained hereinabove are 4 true and correct. 5 SECTION 2: The City Council of the City of Vernon hereby 6 repeals Chapter 21, Sewers and Sewage Disposal, of the Code of the 7 City of Vernon, California, 1959. 8 SECTION 3: The City Council of the City of Vernon hereby 9 amends the Code of the City of Vernon, California, 1959, by adding 10 Chapter 21, Sewers and Storm Drains, of the Code of the City of 11 Vernon, California, 1959, as set forth in Exhibit A which is 12 attached hereto and made a part hereof by reference. 13 SECTION 4: Any ordinance or parts of ordinances in 14 conflict with this Ordinance are hereby repealed. 15 SECTION 5: If any section, subsection, sentence, clause, 16 phrase or word of this ordinance is for any reason held to be 17 invalid or unconstitutional, such decision shall not affect the 18 validity of the remaining portions of this ordinance; it being the 19 intention of the City Council of the City of Vernon to pass and 20 adopt this ordinance and each section, subsection, sentence, 21 clause or phrase thereof irrespective of the fact that one or more 22 of the sections, subsections, clauses, sentences or phrases 23 thereof may be declared to be invalid or unconstitutional. 24 SECTION 6: There being no newspaper printed, published 25 or circulated in the City of Vernon, the City Clerk is hereby 26 directed to certify to the passage of this ordznan-ce and -shall 27 post the same, or cause the same to be posted, within fifteen (15) 28 days after its passage in accordance with Section 36933 of the -2- .1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 !, 18 19 20 21 22 23 24 25 26 27 2811 Government Code, in three (3) of the most public places in the City of Vernon, to wit: the northwest corner of 38th Street and Santa Fe Avenue, the northeast corner of Leonis Boulevard and Pacific Boulevard, and on the bulletin board in the lobby of the City Hall of said City, located at 4305 Santa Fe Avenue, all in the City of Vernon, County of Los Angeles, State of California. SECTION 7: This ordinance shall be in full force and effect thirty (30) days from and after its passage by the City Council. APPROVED AND ADOPTED this 27th day of June 1 1995. ATTEST: sfBruce V. Malkenhorst BRUCE V. MALKENHORST, City Clerk s/Leonis C. Malburg LEONIS C. MALBURG, Mayor -3- 1 2 3 4 5 6 I.- 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do hereby certify that the foregoing Ordinance, being Ordinance No. 1031, was duly and regularly introduced at a regular meeting of the City Council of the City of Vernon, held on Tuesday, June 20, 1995, and thereafter finally adopted at an adjourned regular meeting of said City Council held on Tuesday, June 27, 1995, and thereafter was duly signed by the Mayor of the City of Vernon, by the following vote: AYES: Councilmen: Ybarra, Davis, Gonzales, Malburg NOES: Councilmen: None ABSENT: Councilmen: McCormick ( SEAL) s/Bruce V. Malkenhorst BRUCE V. MALKENHORST, City Clerk -4- EXHIBIT A CHAPTER 21 SEWERS AND STORM DRAINS ARTICLE 1. General Sec. 21.1. City Engineer; Health Officer. The Director of Community Services as the city engineer shall have charge and control of all sewers and storm drains in the City and shall construct, operate, maintain, and repair all such systems subject to the direction of the City Council. The city engineer and/or the health officer shall enforce the provisions of this chapter. Sec. 21.2. Definitions. For purposes of this chapter, the following definitions shall apply. cesspool shall mean a lined excavation in the ground which receives the discharge of a wastewater drainage system or part thereof, designed and constructed so as to retain the organic matter and solids therein, but permitting the liquids to seep through the bottom and sides. Domestic wastewater shall mean the wastewater from non- industrial activities which result from normal human living Page 1 of 11 processes irrespective of whether these wastes are discharged into the sewer system, a cesspool, or a septic tank. Industrial wastewater shall mean all wastewater excluding domestic wastewater. Industrial wastewater may include all wastewater from any producing, manufacturing, processing, institutional, commercial, agricultural, or other operation where the wastewater discharged includes significant quantities of wastes of non -human origin. All liquid wastes hauled by truck, rail, or other means for disposal to the sewer, including domestic wastewater so delivered, shall be considered industrial wastewater regardless of the original source of -the wastes. Non-stormwater runoff shall mean the flow of any fluid into the storm drain that is not entirely composed of stormwater. NPDES shall mean National Pollutant Discharge Elimination System as regulated by the California Regional Water Quality Control Board. Person shall mean an individual, trust, firm, partnership, corporation, or other legal entity. Privy shall mean a structure used as a toilet room in which human wastes are deposited directly onto the surface of the ground or into a hole dug into the ground. Privies are also commonly known as outhouses. Privy shall not include a portable toilet used at construction sites or for temporary events as approved by Page 2 of 11 the health officer. Public Sanitary Sewer System as used in Section 374.2 of the Penal Code of the State of California shall include the city sewers and the public storm drain system for purposes of enforcement in the city. . Rainwater diversion system shall mean any combination of rainfall sensors, valves, pumps and other appurtenances which are designed to automatically detect a rainfall event and, upon detection, to divert stormwater away from the sewer and into the storm drain. All designs of rainwater diversion systems are subject to the approval of the city engineer and the Sanitation Districts. Sanitation_Districts shall mean County Sanitation Districts Number 1, 2, and 23 of Los Angeles County. Septic tank shall mean a watertight receptacle which receives the discharge of a wastewater drainage system or part thereof, designed and constructed so.as to retain solids, to digest organic matter through a g period of detention, and to allow the liquids to discharge into the soil outside of the tank through a system of open joint piping or a seepage pit. Sewer shall mean the lateral and connecting -pipes, sumps, tanks, and all other means of handling, gathering, and disposing of wastewater into the city sewer system, and shall exclude the Page 3 of 11 4. storm drain system. Sewerage shall mean any and all stationary facilities used for collecting, conveying, pumping, treating and disposing of waste and wastewater. Storm drain shall mean any pipe, curb, gutter, catch basin, street, road, alley, waterway, watercourse, drain, ditch, channel, stream bed, river bed, or tributary, whether natural or artificial, which is designed for or serves the purpose of carrying off storm waters, but does not include a sewer. Storm water runoff shall mean the flow of rainwater or melted hail or snow. Wastewater shall mean the liquid carried wastes of the community including all constituents and residues thereof. Wastewater is also called sewage and includes domestic and industrial wastewater, but wastewater does not include rainwater, stormwater, groundwater or drainage of other water. ARTICLE II. Sewers Sec. 21.3. Damage to the public sewer. It shall be unlawful to place, throw, dump, drain, or deposit by any means, or cause to be placed, thrown, dumped, drained, or deposited by any means, any solid matter, liquids, chemicals, Poisonous or explosive liquids or gases, oils, grease, or any Page 4 of 11 other thing whatsoever which would, or could, cause damage, obstruct, or in any way interfere with or prevent the effective use or operation of the public sewer or create a condition that would require excessive maintenance of the public sewer. Sec. 21.4. Rain or surface water not to be connected with the public sewer. It shall be unlawful for any person to connect any roof conductor, yard drain or any other conduit used for carrying off rainwater with any sanitary sewer of the city unless said connection is provided with a rainwater diversion system approved by the city engineer. Sec. 21.5. Privies, cesspools and septic tanks prohibited. It shall be unlawful for any person to erect or maintain a privy in the city of to install a cesspool or septic tank in the city. Existing cesspools and septic tanks may be continued by written permit from the city engineer, but shall be connected to the city sewer when access becomes available. Sec. 21.6. Connection to sewer required. Each property or parcel on which domestic or industrial wastewater is generated shall have a connection to the city sewer for the disposal of said wastewater or shall have other means of disposing of the wastewater subject to the approval of the city Page 5 of 11 engineer. Any new connections to the public sewer shall require the approval of the city engineer and the Sanitation Districts. Sec. 21.7. Industrial wastewater discharge permit required. It shall be unlawful for any person to discharge industrial wastewater into the city sewer unless said person acquires, and maintains in effect, an industrial wastewater discharge permit from the Sanitation Districts. Said permit shall be obtained prior to discharging any industrial wastewater. The quality and quantity of the wastewater shall be subject to the approval of the city engineer and the.Sanitation Districts --'Certain industrial wastewater discharges may be exempted from the requirement for an industrial wastewater discharge permit at the sole discretion of the Sanitation Districts. All applications for an industrial wastewater discharge permit shall be submitted to the city for approval prior to submittal to the Sanitation Districts, and the City and the Sanitation Districts may impose fees for the issuance of said permit. Sec. 21.8. Excessive flow rates prohibited. It shall be unlawful for any person to discharge any industrial wastewater in such a manner that the peak flow rates exceed the designed capacity of the city sewer, exceed the peak flow rate approved by the city engineer in the discharger's industrial wastewater discharge permit, or cause adverse hydraulic conditions within the sewer as determined by the city engineer. Page 6 of 11 Any design, construction, and administrative expenses incurred in an effort to accommodate excessive flow rates in the city sewer system shall be borne by the discharger of such excessive flows. Sec. 21.9. to Sec. 21.12. (reserved) ARTICLE III. Storm Drains. Sec. 21.13. Discharge of non-stormwater flows to storm drain Prohibited. It shall be unlawful for any person to dump, drain, deposit, or discharge or cause to be dumped, drained, deposited, or discharged any non-stormwater flows into the storm drain unless such discharge is in compliance with a valid NPDES permit. Certain non-stormwater flows may be exempted from the requirement for a NPDES permit at the discretion of the city engineer and in accordance with the municipal NPDES permit issued to the Los Angeles County Department of Public Works for the Los Angeles River watershed. Sec. 2.1.14 unlawful discharges and connections prohibited. It shall be unlawful for any person to establish, use, maintain, or continue to use any drainage connections to the storm drain system without a current permit. This prohibition is retroactive and applies to connection made in the past. Page 7 of 11 Sec. 21.1.5. unlawful discharge of materials. It shall be unlawful for any person to place, throw, deposit, discharge, or cause to be placed, thrown, deposited, or discharged any material, wastewater, or other substance, directly or indirectly onto the surface of the ground or into any storm drain in such a manner which (a) may liberate or produce any noxious or offensive odors, (b) may cause unsightly or offensive deposits, (c) may be injurious, deleterious or dangerous to public health, (d) may cause a nuisance, (e) may cause an impairment of the quality of such waters, or (f) may adversely or unreasonably affect such waters for domestic, recreational, or other beneficial uses. Sec. 21.16. Construction activity. Any person engaging in construction activity that requires an NPDES construction permit must demonstrate possession of such permit. before grading and/or building permits can be issued. The NPDES permit shall be retained on site and shall be shown to city officers or inspectors at their request. All construction activities, whether performed under an NPDES permit or not, shall be performed in such manner that such activities will not violate section 21.15. Sec. 21.17. Industrial/Commercial activity. Any person engaging in industrial or commercial activity in Page 8 of 11 such manner as to be required to have an NPDES permit shall acquire such permit before beginning any such activities. The NPDES permit shall be retained on site and shall be shown to city officers or inspectors upon request. Sec 21.18. to Sec. 21.20. (reserved) ARTICLE IV. Enforcement Sec. 21.21. Violation of this chapter a public nuisance. Every violation of this chapter is a misdemeanor and a public nuisance. Any person who is cited for any violation of this article shall abate said violation forthwith. The Director of Community Services (a) may revoke the certificate of occupancy of any person and (b) to the extent necessary, may terminate water and power service to any occupancy in order to abate a violation of this chapter. Sec. 21.22. containment and testing. The health officer may order any person who stores any material which may adversely affect stormwater quality to provide adequate secondary containment for such material. If the health officer has a reasonable basis to believe that any person's stormwater runoff may adversely affect stormwater quality, the health officer may order said person to take representative samples of the stormwater runoff and have these samples tested as Page 9 of 11 r directed by the health officer. Sec. 21.23. Charge for excessive maintenance. Any excessive sewer, sewerage, or storm drain maintenance expenses or reconstruction costs including administrative costs attributable to any unlawful activity shall be invoiced to the person or persons causing or contributing to such conditions. If the invoice is not paid within sixty (60) days, the City Council may authorize a lien upon and against the real property from which the discharge was made. If the lien is not satisfied within ninety (90) days of imposition, the lien may be enforced in like manner to other real property liens, including sale under execution. Sec. 21.24. Abatement of unlawful discharges. When wastewater, any noxious or dangerous material, or any other substance, is overflowing or being discharged, deposited, drained, or placed upon the surface of the ground, or when any unlawful material has been placed, thrown, deposited, or discharged into a sewer or storm drain, the health officer may. order the person or persons who caused or contributed to such condition and, if applicable, the property owner to abate the same forthwith, and to restore all property affected or damaged. If not so abated within the time allowed or in an emergency, the health officer may take any reasonable action to abate such condition and restore all property affected or damaged. Page 10 of 11 The cost of such abatement and restoration shall be borne by the persons causing or contributing to such condition, and/or by the owner of the property from which the discharge was made, and the cost thereof shall be invoiced to such persons and/or the owner of the property. If the invoice is not paid within sixty (60) days, the City Council may authorize a lien upon and against the real property. If the lien is not satisfied within ninety (90) days of imposition, the lien may be enforced in like manner to other real property liens, including sale under execution. Sec. 21.25. Legal costs. In any administrative or legal proceeding under this chapter in which the city prevails, the city shall have a right to all legal costs and reasonable attorney fees. Page 11 of 11 r OCT-12-1999 15:35 DTSC STATEWIDE COMPLIANCE 818 551 2850 P.03i06 .. 1 BILL LOCKYER, Attorney General 2 of the State of California RICHARD M. FRANK, � 3 Chief Assistant Attomey General CRAIG THOMPSON, Acting Assistant Attorney General, 4 BRIAN HEMI3ACHER, State Bar No. 90428 abjR 1 1 �T�� 1LL�� Deputy Attorney General 1 5 300 South Spring Street, Suite 500 Los Angeles, California 90013 OCT 0 8 1999 6 Telephone: (213) 897-2638 Attorneys for Plaintiff 7 People of the State of California LOS ANGELES 8 SUPERIOR COURT 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 FOR THE COUNTY OF LOS ANGELES, SOUTHEAST DISTRICT 11 PEOPLE OF THE STATE OF ) 12 CALIFORNIA, ex rel. JESSE HUFF, j No. VC 028761 Director, California Department of Toxic 13 ) Substances Control, ) STIPULATION FOR PRELD41 NARY INJUNCTION AND ORDER 14 Plaintiff ) THEREON 15� ) V. ) 16 AAD DISTRIBUTION AND DRY ) Status Conference Date: 1018/99 Time: 130 p.m. CLEANING SERVICES, INC. AND DOES 1) Department F 17 through 10, 18 ) Defendants. ) 19 20 INTRODUCTION 21 Plaintiff PEOPLE OF THE STATE OF CALIFORNIA, ex rel. JESSE MIFF, Director, 22 California Department of Toxic Substances Control ("Plaintiff ), filed a complaint on February -23 26., 1999 alleging numerous violations of the California Hazardous Waste Control Law, Health 24 and Safety Code section 25100 et seq. ("HWCL'). Defendant AAD Distribution and Dry 25 Cleaning Services, Inc. ("Defendant') filed its verified answer to this complaint on March 15, 26 1999. The Status Conference for this matter is scheduled for October 8, 1999. The complaint 27 alleged, inter alia, that Defendant was storing more drums of hazardous waste at its hazardous 28 waste facility located at 2306 38 h Street, Vernon, California ("facility) than authorized by the 1 Stipulation and Order Re Preluninary Iniunction OCT-12-1999 15:35 DTSC STATEWIDE compLIANCE it 819 551 2850 P.04/06 1 Hazardous Waste Facility Permit ("Permit") issued to Defendant by Plaintiff on or about July 31, 2 1986. In addition, the complaint alleged that hazardous waste had been stored in areas not 3 authorized by the permit, that the facility did not have operating records available during the 4 inspection of the facility, that drums of hazardous waste were left open and that there was 5 insufficient aisle space between rows of drums of hazardous waste at the facility. AAD has 6 denied the material allegations of the complaint. 7 pursuant to a complaint from the City of Vernon Environmental Health Department, an 8 inspection was conducted by an inspector from the Department of Toxic Substances Control 9 ("DTSC") on August 19,1999. At that inspection, DTSC alleges and AAD denies that all of the 10 above -described alleged violations of the HWCL were again observed by the DTSC inspector. 4 11 Accordingly, to forestall litigation concerning the allegations of the complaint untilth can be 12 1`ully adjudicated at trial in this matter, the parties have agreed to enter into this Stipulation and 13 Order. All terms used in this Stipulation and Order that are defined in the HWCL or its 14 implementing regulations found at Title 22, California Code of Regulations sections 66001 et 15 seq., shall have the same definitions used in that Act and those regulatory sections. 16 STIPULATION 17 Defendant and the Plaintiff, hereby stipulate as follows: 18 1. Defendant shall not store at its facility, without further processing or treatment, 19 more than 670 drums of hazardous waste that have been received from any off- 20 site source, including but not limited to, hazardous waste from dry cleaning 21 establishments. 22 2. Defendant shall not store containers of hazardous waste, without further 23 processing or treatment, that have been received from any off -site source, 24 including but not limited to, hazardous waste from dry cleaning establishments, in 25 areas of the facility that have not been authorized by its Permit for.storage of 26 hazardous waste, including, but not limited to, Area A, the sideyard, and in the 27 required aisle space of the facility's storage areas, except incidental to ongoing 28 loading and unloading associated with transportation of those wastes. 2 Stimulation and Order Re Preliminary Injunction j OCT-12-1999 15:36 DTSC STATEWIDE C0MpLIANCE 818 551 2e50 P.os/W 11 12 13 14 l l J 15 16 /1/ 17 19 20 21• 22 23 24 25 26 /1/ 27 28 3. Defendant shall have present for inspection upon request by nTSC at all reasonable times an operating log in its existing format. 4. Defendant shall store all containers of hazardous waste ins :losed condition except when material is being added or removed from the container. 5. Defendant shall have present for inspection upon request by il'TSC at all reasonable times, a copy of all manifests for any hazardous waste sent from the facility. 6. This stipulation does not apply to activities of AAD Disposal Company at the facility. Plaintiff agrees that defendant does not by entering into this stipulation admit any allegations Of the complaint herein, that Defendant violated the above conditions of its permit in any respect, or that it committed any acts proscribed by this injunction. Further. nothing in this agreement affects the ;obligation of Defendant to comply with any other conditions of its permit. 3 Stipulation and (Eder Re Preliminary Injunction OCT-12-1999 15:36 DTSC STATEWIDE COMPLIPME 818 551 2850 p, 06/06 1 7. This Injunction will take effect no later than forty-eight . riy-eight bolus after the Court - 2 signs the Order and wilI remain in effect until final judgement has been entered in 3 this matter. 4 IT IS SO STIPULATED: 5 6 DATED: /o ob 5 DEPARTTENT OF TOXIC SUBSTANCES CONTROL 7 BY: r FLORENCE GHARIBIAN, Chief 8 Statewide Compliance Division Southern California Branch 9 DATED: `1..3© 9O AAD DISTRIBUTION AND DRY CLEANING 10 SERVICES, INC. 11 BY: 12 P URAT, President 13 Approved as to Form: 14 DATED: BII.I. LOCK YER, 1 Attorney General 15 Of -the State of California RICHARD M. FRANK, 16 Chief Assistant Attorney General BRIAN HEMBACHER, 17 Deputy Attorney General 18 BY: � - 19 RIAN HE ACAR Attorneys for Department of 20 Toxic Substances Control 21 DATED: 9 3a MOSKOWITZ, BRESTOFF, WINSTON & BL11�'DERMAN, LLP 22 23 13Y: EL S. MOSKO Z 24 Attorneys for AAD istribution and Dry Cleaning AServices, Inc. 25 26 IT IS SO ORDERED: " � •.: DATED: 0^� i 1999 9''''�Ql? AS I. 1=AciCPiEW JR. 27 JUbGE OF THE SUP1rRIOR COURT 28 4 �Sfipl�,ti,,,ad Order Ro Preliminary r.,;,r.,,-r;,,., TOTAL P.06 d Ga11o� ourtdal I) lit) 35) oo) �.L. '14) 2) 50) .100) operty It See- 8003 — STORAGE General. '$003.1.1 Applicability. Storage of hazardous materials where rdte aggregate quantity is in excess of the exempt amounts set forth in Section 8001.15 shall be in accordance with Sections 8001 and 8003. Storage of hazardous materials where the aggregate quantity does not exceed the exempt amounts set forth in Section 8001.15 shall be in accordance with Section 8001. For display and storage in retail and wholesale sales occupan- cies, see Section 8001.14. 8003.1.2 Signs. Signs prohibiting smoking shall be provided in storage areas and within 25 feet (7620 mm) of outdoor storage areas. 8003.1.3 Spill control and secondary containment for hazard- ous materials liquids and solids. 8003.1.3.1 Applicability. Rooms, buildings or areas used for the storage of liquid or solid hazardous materials shall be provided with spill control and secondary containment in accordance with Section 8003.1.3. EXCEPTION: Outdoor storage of containers on approved contain- ment pallets in accordance with Section 8003.1.3.4. 8003.1.3.2 Spill control for hazardous materials liquids. Rooms, buildings or areas used for the storage of hazardous mate- rials liquids in individual vessels having a capacity of more than 55 gallons (208.2 L) or when the aggregate capacity of multiple vessels exceeds 1,000 gallons (3785 L) shall be provided with spill control to prevent the flow of liquids to adjoining areas. Floors in indoor locations and similar surfaces in outdoor loca- tions shall be constructed to contain a spill from the largest single vessel by one of the following methods: 1. Liquid -tight sloped or recessed floors in indoor locations or similar areas in outdoor locations, 2. Liquid -tight floors in indoor locations or similar areas in out- door locations provided with liquid -tight raised or recessed sills or dikes, or 3. Sumps and collection systems. Except for surfacing, the floors, sills, dikes, sumps and collec- tion systems shall be constructed of noncombustible material, and the liquid -tight seal shall be compatible with the material stored. When liquid -tight sills or dikes are provided, they are not required at perimeter openings which are provided with an open -grate trench across the opening that connects to an approved collection system. 8003.1.3.3 Secondary containment for hazardous materials liquids and solids. When required by Table 8003.1-13, buildings, rooms or areas used for the storage of hazardous materials liquids or solids shall be provided with secondary containment in accord- ance with this section when the capacity of an individual vessel or the aggregate capacity of multiple vessels exceeds the following: Liquids: Capacity of an individual vessel exceeds 55 gal- lons (208.2 L) or the aggregate capacity of multi- ple vessels exceeds 1,000 gallons (3785 L). Solids: Capacity of an individual vessel exceeds 550 pounds (248.8 kg) or the aggregate capacity of multiple vessels exceeds 10,000 pounds (4524.8 kg). The building, room or area shall contain or drain the hazardous materials and fire -protection water through the use of one of the following methods: 1. Liquid -tight sloped or recessed floors in indoor locations or similar areas in outdoor locations, 2. Liquid -tight floors in indoor locations or similar areas in out- door locations provided with liquid -tight raised or recessed sills or dikes, 3. Sumps and collection systems, or 4. Drainage systems leading to an approved location. Incompatible materials shall be separated from each other in the secondary containment system. Secondary containment for indoor storage areas shall be designed to contain a spill from the largest vessel plus the design flow volume of fire -protection water calculated to discharge from the fire -extinguishing system over the minimum required system design area or area of the room or area in which the storage is located, whichever is smaller, for a period of 20 minutes. Secondary containment for outdoor storage areas shall be designed to contain a spill from the largest individual vessel. If the area is open to rainfall, secondary containment shall be designed to include the volume of a 24-hour rainfall as determined by a 25-year storm and provisions shall be made to drain accumula- tions of groundwater and rainwater. A monitoring method shall be provided to detect hazardous materials in the secondary containment system. The monitoring method is allowed to be visual inspection of the primary or secon- dary containment, or other approved means. Where secondary containment is subject to the intrusion of water, a monitoring method for detecting water shall be provided. When monitoring devices are provided, they shall be connected to distinct visual or audible alarms. Drainage systems shall be in accordance with the Plumbing Code and the following: 1. The slope of floors in indoor locations or similar areas in out- door locations to drains shall not be less than I percent, 2. Drains from indoor storage areas shall be sized to carry the volume of the fire -protection water as determined by the design density discharged from the automatic fire -extinguishing system over the minimum required system design area or area of the room or area in which the storage is located, whichever is smaller, 3. Drains from outdoor storage areas shall be sized to carry the volume of the fire flow and the volume of a 24-hour rainfall as determined by a 25-year storm, 4. Materials of construction for drainage systems shall be com- patible with the materials stored, 5. Incompatible materials shall be separated from each other in the drainage system, and 6. Drains shall terminate in an approved location away fron buildings, valves, means of egress, fire access roadways, adjoin ing property and storm drains. 8003.1.3.4 Containment pallets. When used as a substitute fr spill control and secondary containment for outdoor storage i accordance with the exception in Section 8003.1.3.1, containme, pallets shall comply with the following: 1. A liquid -tight sump accessible for visual inspection shall provided, 2. The sump shall be designed to contain not less than 66 galls (249.8 L), 1—S Memo Revised To: .Bruce V. Malkenhorst, City Administrator From: Lewis Pozzebon, Director, Environmental Health Date: 07/26/00 Re: AAD Distribution and Dry Cleaning Services (AAD), 2306 E. 38t' Street, Vernon Harry Pourat, the owner of AAD, has requested a meeting to discuss the suspension of the facility's Hazardous Materials Establishment Permit No. 6069. The meeting is set for Monday, July 31, 2000, at 10:30 a.m. in the Second Floor Conference Room at City Hall. Attached is a report which our department has developed in preparation for the City Council hearing regarding Mr. Pourat's appeal of the permit suspension. The City Council hearing has not been scheduled pending a potential resolution of the matter at the meeting on Monday. Mr. Pourat's attorney, Joel Moskowitz, will be attending the meeting. 1 have contacted the City Attorney's office regarding attendance and have discussed the matter with Ed Olivo and Anita Aviles. Please let me know if you would like to discus this further. Attachments xc: Ed Olivo and Anita Aviles, City Attorney's Office 1/mydocs/hazmat/memo/aad 7-26-00 0 Page 1