“ : 46772 \ BANK OF AMERICA CRYSTAL GEYSER WATER COMPANY FH seysecrormrcl ting, NUMER P.O. BOX 308 sie Monger Seen For NSonPrancneo,¢3 2408 asi20 DATE October 12, 2011 CALISTOGA, CALIFORNIA 94515-0904 Pay ‘THREE THOUSAND SIX HUNDRED EIGHTY-ONE & 00/100 DOLLARS § seee3,681.00 "* CITY OF BAKERSFIELD FIRE DEPT Tome 2101 H STREET = z Nes oP ORDER BAKERSFIELD, CA 93301 f + ~ %. "OLG7 72" 12h 22000358 CITY OF BAKERSFIELD FIRE DEPT Payment No.: 2000015072 46772 2101 H STREET Payment Date: October 12, 2011 BAKERSFIELD, CA 93301 Vendor No.: 101289 Check No.:46772 PAGE:1 OF 1 {Invoice Number inv Date [Document Number Gross Amount [Discount “| Net/Amount 201109F NE so1osr2011 | 1900027180 3,681.00 000} 3,861.00 Check Total. $3681.00 46772 ) y | CrYSTAL GEYSER WaTER COMPANY Welaage Catto basi-0908 BSAREGUARD. v0. ws uferron eSTATE OF CALIFORNIA CITY OF BAKERSFIELD FIRE DEPARTMENT / PREVENTION SERVICES DIVISION [In the Matter of: Docket No.: 2011-09 CRYSTAL GEYSER WATER COMPANY, a | ORDER ON CONSENT California corporation # C023855 doing AGREEMENT business in Bakersfield, California California Health and Safety Code Respondent. Section 25189.6 INTRODUCTION 1. Parties, The Bakersfield Fire Department, Prevention Services Division a Certified Unified Program Agency (CUPA) authorized by the Secretary of the State of California Environmental Protection Agency (CalEPA) to administer and enforce the Hazardous Substance Control Act in the City of Bakersfield, issues this Order on Consent Agreement (Order) to Crystal Geyser Water Company (Respondent), a California Corporation doing business in Bakersfield, California 93307 1.2. Owner/Operator, Respondent violations occurred at Crystal Geyser Water Company located at 1233 East California Avenue within the City of Bakersfield, California. 1.3. Jurisdiction, Section 25187 of the California Health and Safety Code (HSC) authorizes the CUPA to order action necessary to correct violations and assess a penalty when the CUPA determines that any person has violated specified provisions of the Health and Safety Code or any permit, rule, regulation, standard, or requirement issued or adopted pursuant thereto. DETERMINATION OF VIOLATIONS The CUPA hereby determines that Respondent violated: 2.1 The Hazardous Waste Control Law (Health and Safety Code Section 25100, et seq.), to wit: section 25189.6(a); “Any person who ... disposes any hazardous waste in a manner which causes any unreasonable risk ...is guilty of a public offence and shall be punished by a fine...” 12.2 On August 23, 2011, during two separate occasions within a one hour time frame, your facility were found to exceed hazardous waste disposal limits. The effluent discharge contained approximately 1200 gallons of industrial waste water with a pH that exceed 12.5. The water was discharged to the sanitary sewer in violation of the City of Bakersfield Publicly Owned Treatment Works (POTW) industrial wastewater discharge permit requirements and hazardous waste control laws. SCHEDULE FOR COMPLIANCE 3. Based on the forgoing DETERMINATION OF VIOLATIONS, IT IS HEREBY ORDERED THAT: 3.1 Respondent shall make all necessary arrangements to prevent the discharge of hazardous waste liquids into the City of Bakersfield Publicly Owned Treatment Works Facility 3.2 Respondent shall complete and update required information in the California Environmental Reporting System (CERS) at both your California Avenue and East Brundage Avenue facilities. 3.3 Submittals. A copy of an engineering and administrative control documentation designed to prevent future hazardous waste releases in violations of the City of Bakersfield Publicly Owned Treatment Works Facility industrial discharge permit requirements shall be submitted to this office, pursuant to this Order to the Bakersfield Fire Department Prevention Services Division, in care of: Mr. Howard H. Wines, III Director of Prevention Services City of Bakersfield 2101 H Street Avenue Bakersfield, California 93301 3.4 Communications. All approvals and decisions of the Bakersfield Fire Department, Prevention Services Division made regarding submittals and notificationswill be communicated to Respondent in writing by the Director of Prevention Services or his/her designee. No informal advice, guidance, suggestions, or comments by the BFD- PSD regarding reports, plans, specifications, schedules, or any writings by the Respondent shall be construed to relieve Respondent of the obligation to obtain such formal approvals as may be required. 3.5 Review and Approval, If the Bakersfield Fire Department, Prevention Services Division determines that the schedule, or other documents submitted for approval pursuant to this order fails to comply with the order or fails to protect public health or fire safety or the environment, the Bakersfield Fire Department, Prevention Services Division may: a, Modify the document as deemed necessary and approve the document as modified, or b. Return the document to Respondent with recommended changes and a date by which Respondent with recommended changes and a date by which Respondent must submit to the Bakersfield Fire Department, Prevention Services Division a revised document incorporating the recommended changes. 3.6 Compliance with Applicable Laws. Respondent shall carry out this Order in compliance with all local, State, and federal requirements, including but not limited to requirements to obtain permits and to assure worker safety. 3.7 Endangerment during Implementation. In the event that the Bakersfield Fire Department, Prevention Services Division determines that any circumstances or activity (whether or not pursued in compliance with this Order) are creating an imminent or substantial endangerment to the health or welfare of people on the’site or in the surrounding area or to the environment, the Bakersfield Fire Department, Prevention Services Division may order Respondent to stop further implementation of this Order for such period of time as needed to abate the endangerment. Any deadline in this Order directly affected by a Stop Work Order under this section shall be extended for the term of the Stop Work Order.3.8 Liability. Nothing in this Order shall constitute or be construed as a satisfaction or release from liability for any conditions or claims arising as a result of past, current, or future operations of Respondent other than those violations alleged in section 2 of this order. Notwithstanding compliance with the terms of this Order, Respondent may be required to take further actions as are necessary to protect public health, safety or the environment. 3.9 Data and Document Availability. Respondent shall permit the Bakersfield Fire Department, Prevention Services Division and its authorized representatives to inspect and copy all sampling, testing, monitoring, and other data generated by Respondent or on Respondent's behalf in any way pertaining to work undertaken pursuant to this Order. Respondent shall allow the Bakersfield Fire Department, Prevention Services Division and its authorized representatives to take duplicates of any samples collected by Respondent pursuant to this Order. Respondent shall maintain a central depository of the data, reports, and other documents prepared pursuant to this Order. All such data, reports, and other documents shall be preserved by Respondent for a minimum of three years after the conclusion of all activities under this Order. If the Bakersfield Fire Department, Prevention Services Division requests that some or all of these documents be preserved for a longer period of time, Respondent shall comply with that request, deliver the documents to the Bakersfield Fire Department, Prevention Services Division, or permit the Bakersfield Fire Department, Prevention Services Division to copy the documents prior to destruction. 3.10 Government Liabilities. The City of Bakersfield shall not be liable for injuries or damages to persons or property resulting from acts or omissions by Respondent or related parties in carrying out activities pursuant to this Order, nor shall the City of Bakersfield be held as a party to any contract entered into by Respondent or its agents in carrying out activities pursuant to the Order. 3.11 Additional Enforcement Actions. By issuance of this Order, the BFD-PSD does not waive the right to take further enforcement actions.3.12 Incorporation of Plans and Reports. All plans, schedules, and reports that require Bakersfield Fire Department, Prevention Services Division approval and are submitted by respondent pursuant to this Order are incorporated in this Order upon approval by the Bakersfield Fire Department, Prevention Services Division. 3.13 Extension Request. If Respondent is unable to perform any activity or ‘submit any document within the time required under this Order, the Respondent may, prior to expiration of the time, request an extension of time in writing. The extension request shall include a justification for the delay. 3.14 Extension Approvals. If the Bakersfield Fire Department, Prevention Services Division determines that good cause exists for an extension, it will grant the request and specify in writing a new compliance schedule. 3.15 Penalties for Noncompliance. Failure to comply with the terms of this Order may also subject Respondent to costs, penalties, and/or punitive damages for any costs incurred by the Bakersfield Fire Department, Prevention Services Division or other government agencies as a result of such failure, as provided by the Bakersfield Municipal Code and other applicable provisions of law. 3.16 Parties Bound. This Order shall apply to and be binding upon Respondent, and its officers, directors and agents, including but not limited to individuals, and upon the Bakersfield Fire Department, Prevention Services Division and any successor agency that may have responsibility for and jurisdiction over the ‘subject matter of this order. PENALTY. 4. The Bakersfield Fire Department, Prevention Services Division assesses a | penalty of five thousand dollars ($ 3,681.00). Payment of the total penalty of $3,681.00 is due within thirty (30) days from the effective date of the Order. Respondent's check shall be made payable to City of Bakersfield, Fire Department Prevention Services Division, and shall identify the Respondent and Docket Number, as shown in the heading of this case. Respondent shall deliver the penalty payment to:Ms. Susan Chichester Business Manager Bakersfield Fire Department 2101 H Street Bakersfield, California 93301 A photocopy of the check shall be sent to: Mr. Howard H. Wines, III Director of Prevention Services City of Bakersfield 2101 H Street Bakersfield, California 93301 5. This Order is final and effective upon execution by the City and Respondent. 6. “Days” for purposes of this Order means calendar days Date of Issuance: September 22, 2011 Ah dharfr Mr. Howard H. Wines, III Date Director of Prevention Services City of Bakersfield Acott D- Cab (0-6-1 Crystal Geyser Water Company Date oft D. Carlton Typed or Printed Name of Respondent's Representative cc: Mr, Justin Crumley, Associate City Attomey Mr. Tim Lynch, Deputy Fire Chief Ms. Susan Chichester, Business ManagerSeptember 22, 2011 Mr. Peter G. Gordon Agent for Service of Process 85 Francisco Street, Suite 410 San Francisco, CA 94133 Certified Mail Douglas R. Greener Fre Chief RE: CRYSTAL GEYSER WATER COMPANY 1233 East California Deputy Chiet Tyler Hartiey | Avenue Bakersfield, California DOCKET # 2011-09 Operatione/Traning/érson | (661-326-3655 Dear Mr. Gordon; Deputy Chief Tim Lynch Se Please find enclosed a Consent Order concerning violations 681-326-3652 concerning violations of Section 25189.6 of the California Health and Safety Code. This Enforcement Order pertains to the unauthorized 2101 "H’ Street discharge of a hazardous material originating from 1220 East Bakersfield, CA 93301 | California Bakersfield, California. Please note that besides the (661) 326-3911 | penalty, you are also required to complete and update and submit (661) 852-2170 (fax) | required information into the California Environmental Reporting | System. However, it does not preclude this office from taking additional HOWARD H. WINES, III enforcement and compliance actions if any or all conditions are not DIRECTOR met completely. PREVENTION SERVICES a“ 2101 "H" Street, Sincerely, Bakersfelg,CA93301 | Fi voice: (esi) 326-3979 |, FAX: (661) 852-2171 Clue Howard H. Wines, Ill PG 7239 Director of Prevention Services Enclosures cc: J, Crumley, City Attorney's Office T. Lynch, Deputy Fire Chief S. Chichester, Business Manager “Serving the Community for more than a Century”STATE OF CALIFORNIA CITY OF BAKERSFIELD FIRE DEPARTMENT / PREVENTION SERVICES DIVISION In the Matter of. Docket No.: 2011-09 CRYSTAL GEYSER WATER COMPANY, a_ | NOTICE of CONSENT ORDER California corporation # C023855 doing | business in Bakersfield, California California Health and Safety Code Section 25189.6 Respondent. INTRODUCTION 1. Parties. The Bakersfield Fire Department, Prevention Services Division a Certified Unified Program Agency (CUPA) authorized by the Secretary of the State of California Environmental Protection Agency (CalEPA) to administer and enforce the Hazardous Substance Control Act in the City of Bakersfield, issues this ENFORCEMENT ORDER to Crystal Geyser Water Company (Respondent), a California Corporation doing business in Bakersfield, California 93307. 1.2. Owner/Operator, Respondent violations occurred at Crystal Geyser Water Company located at 1233 East California Avenue within the City of Bakersfield, California: 1.3. Jurisdiction. Section 25187 of the California Health and Safety Code (HSC) authorizes the CUPA to order action necessary to correct violations and assess a penalty when the CUPA determines that any person has violated specified provisions of the Health and Safety Code or any permit, rule, regulation, standard, or requirement issued or adopted pursuant thereto. DETERMINATION OF VIOLATIONS The CUPA hereby determines that Respondent violated 2.1 The Hazardous Waste Control Law (Health and Safety Code Section 25100, et seq.), to wit: section 25189.6. Knowingly or with reckless disregard treating, handling, transporting, disposing or storing in manner causing unreasonable risk; public offense; penalties. 25189.6(a); Any person who knowing, or with reckless 1disregard for the risk, disposes any hazardous waste in a manner which causes any unreasonable risk of fire, explosion, serious injury, or death is quilty of a public offence and shall be punished by a fine of not less than five thousand dollars ($ 5,000) nor more than two hundred fifty thousand dollars ($ 250,000) for each day of violation. 2.2 On August 23, 2011, during two separate occasions within a one hour time frame, your facility were found to exceed hazardous waste disposal limits. The effluent discharge contained approximately 1200 gallons of industrial waste water with a pH that exceed 12.5. The water was discharged to the sanitary sewer in violation of the City of Bakersfield Publicly Owned Treatment Works (POTW) industrial wastewater discharge permit requirements and hazardous waste control laws. SCHEDULE FOR COMPLIANCE 3. Based on the forgoing DETERMINATION OF VIOLATIONS, IT IS HEREBY ORDERED THAT: 3.1 Respondent shall make all necessary arrangements to prevent the discharge of hazardous waste liquids into the City of Bakersfield Publicly Owned Treatment Works Facility 3.2 Respondent shall complete and update required information in the California Environmental Reporting System (CERS) at both your California Avenue and East Brundage Avenue facilities. 3.3 Submittals. A copy of an engineering and administrative control documentation designed to prevent future hazardous waste releases in violations of the City of Bakersfield Publicly Owned Treatment Works Facility industrial discharge permit requirements shall be submitted to this office, pursuant to this Order to the Bakersfield Fire Department Prevention Services Division, in care of: Mr. Howard H. Wines, Ill Director of Prevention Services 2City of Bakersfield 2101 H Street Avenue Bakersfield, California 93301 3.4 Communications. All approvals and decisions of the Bakersfield Fire Department, Prevention Services Division made regarding submittals and notifications will be communicated to Respondent in writing by the Director of Prevention Services or his/her designee. No informal advice, guidance, suggestions, or comments by the BFD- PSD regarding reports, plans, specifications, schedules, or any writings by the Respondent shall be construed to relieve Respondent of the obligation to obtain such + formal approvals as may be required. 3.5 Review and Approval. if the Bakersfield Fire Department, Prevention Services Division determines that the schedule, or other documents submitted for approval pursuant to this order fails to comply with the order or fails to protect public health or fire safety or the environment, the Bakersfield Fire Department, Prevention Services Division may: a. Modify the document as deemed necessary and approve the document as modified, or b. Retum the document to Respondent with recommended changes and a date by which Respondent with recommended changes and a date by which Respondent must submit to the Bakersfield Fire Department, Prevention Services Division a revised document incorporating the recommended changes. 3.6 Compliance with Applicable Laws. Respondent shall carry out this Order in compliance with all local, State, and federal requirements, including but not limited to requirements to obtain permits and to assure worker safety. 3.7 Endangerment during Implementation. In the event that the Bakersfield Fire Department, Prevention Services Division determines that any circumstances or activity (whether or not pursued in compliance with this Order) are creating an imminent or substantial endangerment to the health or welfare of people on the site or in the surrounding area or to the environment, the Bakersfield Fire Department, Prevention Services Division may order Respondent to stop further implementation of this Order for 3such period of time as needed to abate the endangerment. Any deadiine in this Order directly affected by a Stop Work Order under this section shall be extended for the term of the Stop Work Order. 3.8 Liability. Nothing in this Order shall constitute or be construed as a satisfaction or release from liability for any conditions or claims arising as a result of past, current, or future operations of Respondent other than those violations alleged in section 2 of this order. Notwithstanding compliance with the terms of this Order, Respondent may be required to take further actions as are necessary to protect public health, safety or the environment. 3.9 Data and Document Availability. Respondent shall permit the Bakersfield Fire Department, Prevention Services Division and its authorized representatives to inspect and copy all sampling, testing, monitoring, and other data generated by Respondent or on Respondent's behalf in any way pertaining to work undertaken pursuant to this Order. Respondent shall allow the Bakersfield Fire Department, Prevention Services Division and its authorized representatives to take duplicates of any samples collected by Respondent pursuant to this Order. Respondent shall maintain a central depository of the data, reports, and other documents prepared pursuant to this Order. All such data, reports, and other documents shall be preserved by Respondent for a minimum of three years after the conclusion of all activities under this Order. If the Bakersfield Fire Department, Prevention Services Division requests that some or all of these documents be preserved for a longer period of time, Respondent shall comply with that request, deliver the documents to the Bakersfield Fire Department, Prevention Services Division, or permit the Bakersfield Fire Department, Prevention Services Division to copy the documents prior to destruction. 3.10 Government Liabilities, The City of Bakersfield shall not be liable for injuries or damages to persons or property resulting from acts or omissions by Respondent or related parties in carrying out activities pursuant to this Order, nor shall the City of Bakersfield be held as a party to any contract entered into by Respondent or its agents in carrying out activities pursuant to the Order. 43.11 Additional Enforcement Actions. By issuance of this Order, the BFD-PSD does not waive the right to take further enforcement actions. 3.12 Incorporation of Plans and Reports. Alll plans, schedules, and reports that require Bakersfield Fire Department, Prevention Services Division approval and are submitted by respondent pursuant to this Order are incorporated in this Order upon approval by the Bakersfield Fire Department, Prevention Services Division. 3.13. Extension Reauest, If Respondent is unable to perform any activity or submit any document within the time required under this Order, the Respondent may, prior to expiration of the time, request an extension of time in writing. The extension request shall include a justification for the delay. 3.14 Extension Approvals. If the Bakersfield Fire Department, Prevention Services Division determines that good cause exists for an extension, it will grant the request and specify in writing a new compliance schedule. 3.15 Penalties for Noncompliance. Failure to comply with the terms of this Order may also subject Respondent to costs, penalties, and/or punitive damages for any costs incurred by the Bakersfield Fire Department, Prevention Services Division or other government agencies as a result of such failure, as provided by the Bakersfield Municipal Code and other applicable provisions of law. 3.16 Parties Bound. This Order shall apply to and be binding upon Respondent, and its officers, directors and agents, including but not limited to individuals, and upon the Bakersfield Fire Department, Prevention Services Division and any successor agency that may have responsibility for and jurisdiction over the subject matter of this order. PENALTY 4. The Bakersfield Fire Department, Prevention Services Division assesses a penalty of five thousand dollars ($ 3,681.00). Payment of the total penalty of $3,681.00 is due within thirty (30) days from the effective date of the Order. Respondent's check shall be made payable to City of Bakersfield, Fire Department Prevention ServicesDivision, and shall identify the Respondent and Docket Number, as shown in the heading of this case. Respondent shall deliver the penalty payment to: Ms. Susan Chichester Business Manager Bakersfield Fire Department 2101 H Street Bakersfield, California 93301 A photocopy of the check shall be sent to: Mr. Howard H. Wines, Ii Director of Prevention Services City of Bakersfield 2101 H Street Bakersfield, California 93301 5. This Order is final and effective upon execution by the City and Respondent. 6. “Days” for purposes of this Order means calendar days. Date of Issuance: September 22, 2011 4 Ata q/2r/y Mr. Howard H. Wines, III Date Director of Prevention Services City of Bakersfield Crystal Geyser Water Company Date Typed or Printed Name of Respondent's Representative cc: Mr Justin Crumley, Associate City Attomey Mr. Tim Lynch, Deputy Fire Chief Ms, Susan Chichester, Business ManagerBAKERS FIELD PUBLIC WORKS DEPARTMENT WASTEWATER DIVISION (6901 MeCUTCHEN ROAD BAKERSFIELD, CALIFORNIA 93313 (661) 326-3249 RAUL ROJAS, DIRECTOR CITY ENGINEER September 14, 2011 VIA CERTIFIED MAIL Mr. Harry Barba Crystal Geyser Water Company 1233 East California Avenue Bakersfield, CA 93307 Re: Notice of Violation for Exceeding pH Limits under Permit No. 2-BK-0018 Dear Mr, Barba: This notice is hereby issued based on the following: Legal Authority ‘The following findings are made and Notice issued pursuant to the authority vested in the City Engineer of the City of Bakersfield (City), under Chapter 14.12 of the Bakersfield Municipal Code (Code). This notice is based on findings of violation of conditions of the industrial wastewater discharge permit issued to your facility. Findings (On August 23, 2011, Crystal Geyser has been found in violation of: ‘* Industrial Wastewater Discharge Permit No. 2-BK-0018 for exceeding the subject permit pH limitation by having pH > 12 in two separate incidents (8:05 AM and 9:27 AM) within two hours for a combined 21 minutes. The two incidents resulted in combined slug load discharge of 1,494 gallons, © Exceeding the hazardous pH limit of 12.5 with pH as high as 13.1. © Crystal Geyser reported the incident by phone on August 24, but did not immediately report the incident when it occurred on the morning of August 23 as required in its permit’s Standard Provisions and Reporting Requirements and its own Slug Load Management Plan ‘industria users\ Crystal Gayser\NOV\0L-0811C6 pH NOV.doeAMERICA'S NATURAL BEVERAGE COMPANY City of Bakerfield Wastewater Division 8901 McCutchen Road Bakersfield, CA $3313 ‘Attn: Alice Chang Industrial Waste Inspector Re: pH Violation on August 23, 2011. ‘At 0805 hours to 0820 hours, the pH level was 12.4-12.95. We discharged 900 gallons. From 0927 hours to 0933 hours, a second incident occurred. The pH level was 13.1. The discharge rate was 594 gallons. ‘The cause found for both occurrences was the Sodium Hydroxide pump was mistakenly placed ‘on manual while the Hydrochloric acid pump was set on automatic. Both pumps were working independently of each other. After the Wastewater System was placed back into automatic mode, the pH level returned to spec level. Moving forward, our corrective action will be limiting access to the chemical pumps to assigned personal. Daily checks of the chemical pumps will be made and documented. These measures will prevent a reoccurrence. Please don't hesitate to call me for any questions or concerns. Regards, Harry Barba Batching/Production Supervisor CGW Bakersfield. 661 323-6296 CRYSTAL GEYSER WATER COMPANY P.O. Box 304, 501 Washington Street, Calistoga, CA 94515-0304 (707) 942-0500 FAX (707) 942-0647STATE OF CALIFORNIA CITY OF BAKERSFIELD FIRE DEPARTMENT / PREVENTION SERVICES DIVISION In the Matter of: — Docket No.: 2011-09 CRYSTAL GEYSER WATER COMPANY, a_| ENFORCEMENT ORDER | California corporation # C023855 doing | business in Bakersfield, California California Health and Safety Code Section 25189.6 Respondent INTRODUCTION 4. Parties. The Bakersfield Fire Department, Prevention Services Division a Certified Unified Program Agency (CUPA) authorized by the Secretary of the State of California Environmental Protection Agency (CalEPA) to administer and enforce the Hazardous Substance Control Act in the City of Bakersfield, issues this ENFORCEMENT ORDER to Crystal Geyser Water Company (Respondent), a California Corporation doing business in Bakersfield, California 93307. 4.2. Owner/Operator. Respondent violations occurred at Crystal Geyser Water Company located at 1233 East California Avenue within the City of Bakersfield, California, 1.3. Jurisdiction, Section 25187 of the California Health and Safety Code (HSC) authorizes the CUPA to order action necessary to correct violations and assess a penalty when the CUPA determines that any person has violated specified provisions of the Health and Safety Code or any permit, rule, regulation, standard, or requirement issued or adopted pursuant thereto, DETERMINATION OF VIOLATIONS The CUPA hereby determines that Respondent violated: 2.1 The Hazardous Waste Control Law (Health and Safety Code Section 25100. et seq,), to wit: section 25189.6. Knowingly or with reckless disregard treating, handling, transporting, disposing or storing in manner causing unreasonable risk: public offense; penalties. 25189.6(a); Any person who knowing, or with reckless 1disregard for the risk, any hazardous waste in a manner which causes any unreasonable risk of fire, explosion, serious injury, or death is guilty of a public offence and shall be punished by a fine of not less than five thousand dollars ($ 5,000) nor more than two hundred fifty thousand dollars ($ 250,000) for each day of violation. 2.2 On August 23, 2011, during two separate occasions within a one hour time frame, your facility were found to exceed hazardous waste disposal limits. The effluent discharge contained approximately 1200 gallons of industrial waste water with a pH that exceed 12.5. The water was discharged to the sanitary sewer in violation of the City of Bakersfield Publicly Owned Treatment Works (POTW) industrial wastewater discharge permit requirements and hazardous waste control laws. SCHEDULE FOR COMPLIANCE 3. Based on the forgoing DETERMINATION OF VIOLATIONS, IT IS HEREBY ORDERED THAT: 3.1. Respondent shall make all necessary arrangements to prevent the discharge of hazardous waste liquids into the City of Bakersfield Publicly Owned Treatment Works Facility 3.2 Submittals. A copy of an engineering and administrative control documentation designed to prevent future hazardous waste releases in violations of the City of Bakersfield Publicly Owned Treatment Works Facility industrial discharge permit requirements shall be submitted to this office, pursuant to this Order to the Bakersfield Fire Department Prevention Services Division, in care of: Mr. Howard H. Wines, Ii Director of Prevention Services City of Bakersfield 2101 H Street Avenue Bakersfield, California 933013.3 Communications. All approvals and decisions of the Bakersfield Fire Department, Prevention Services Division made regarding submittals and notifications will be communicated to Respondent in writing by the Director of Prevention Services or his/her designee. No informal advice, guidance, suggestions, or comments by the BFD- PSD regarding reports, plans, specifications, schedules, or any writings by the Respondent shall be construed to relieve Respondent of the obligation to obtain such formal approvals as may be required 3.4 Review and Approval, if the Bakersfield Fire Department, Prevention Services Division determines that the schedule, or other documents submitted for approval pursuant to this order fails to comply with the order or fails to protect public health or fire safety or the environment, the Bakersfield Fire Department, Prevention Services Division may: a. Modify the document as deemed necessary and approve the document as modified, or b. Return the document to Respondent with recommended changes and ‘a date by which Respondent with recommended changes and a date by which Respondent must submit to the Bakersfield Fire Department, Prevention Services Division a revised document incorporating the recommended changes. 3.5 Compliance with Applicable Laws. Respondent shall carry out this Order in compliance with all local, State, and federal requirements, including but not limited to requirements to obtain permits and to assure worker safety. 3.6 Endangerment during Implementation. In the event that the Bakersfield Fire Department, Prevention Services Division determines that any circumstances or activity (whether or not pursued in compliance with this Order) are creating an imminent or substantial endangerment to the health or welfare of people on the site or in the surrounding area or to the environment, the Bakersfield Fire Department, Prevention Services Division may order Respondent to stop further implementation of this Order for such period of time as needed to abate the endangerment. Any deadline in this Orderdirectly affected by a Stop Work Order under this section shall be extended for the term of the Stop Work Order. 3.7 Liability. Nothing in this Order shall constitute or be construed as a satisfaction or release from liability for any conditions or claims arising as a result of past, current, or future operations of Respondent other than those violations alleged in section 2 of this order. Notwithstanding compliance with the terms of this Order, Respondent may be required to take further actions as are necessary to protect public health, safety or the environment. 3.8 Data and Document Availability. Respondent shall permit the Bakersfield Fire Department, Prevention Services Division and its authorized representatives to inspect and copy all sampling, testing, monitoring, and other data generated by Respondent or on Respondent's behalf in any way pertaining to work undertaken pursuant to this Order. Respondent shall allow the Bakersfield Fire Department, Prevention Services Division and its authorized representatives to take duplicates of any samples collected by Respondent pursuant to this Order. Respondent shall maintain a central depository of the data, reports, and other documents prepared pursuant to this Order. All such data, reports, and other documents shall be preserved by Respondent for a minimum of three years after the conclusion of all activities under this Order. If the Bakersfield Fire Department, Prevention Services Division requests that some or all of these documents be preserved for a longer period of time, Respondent shall comply with that request, deliver the documents to the Bakersfield Fire Department, Prevention Services Division, or permit the Bakersfield Fire Department, Prevention Services Division to copy the documents prior to destruction. 3.9 Government Liabilities. The City of Bakersfield shall not be liable for injuries or damages to persons or property resulting from acts or omissions by Respondent or related parties in carrying out activities pursuant to this Order, nor shall the City of Bakersfield be held as a party to any contract entered into by Respondent or its agents in carrying out activities pursuant to the Order.3.10 Additional Enforcement Actions. By issuance of this Order, the BFD-PSD does not waive the right to take further enforcement actions. 3.11 Incorporation of Plans and Reports. All plans, schedules, and reports that require Bakersfield Fire Department, Prevention Services Division approval and are submitted by respondent pursuant to this Order are incorporated in this Order upon approval by the Bakersfield Fire Department, Prevention Services Division. 3.12 Extension Request. If Respondent is unable to perform any activity or submit any document within the time required under this Order, the Respondent may, prior to expiration of the time, request an extension of time in writing. The extension request shall include a justification for the delay. 3.13 Extension Approvals. If the Bakersfield Fire Department, Prevention Services Division determines that good cause exists for an extension, it will grant the request and specify in writing a new compliance schedule. 3.14 Penalties for Noncompliance, Failure to comply with the terms of this Order may also subject Respondent to costs, penalties, and/or punitive damages for any costs incurred by the Bakersfield Fire Department, Prevention Services Division or other government agencies as a result of such failure, as provided by the Bakersfield Municipal Code and other applicable provisions of law. 3.15 Parties Bound. This Order shall apply to and be binding upon Respondent, and its officers, directors and agents, including but not limited to individuals, and upon the Bakersfield Fire Department, Prevention Services Division and any successor agency that may have responsibility for and jurisdiction over the subject matter of this order. PENALTY 4. The Bakersfield Fire Department, Prevention Services Division assesses a penalty of five thousand dollars ($ 5,000.00). Payment of the total penalty of $5,000.00 is due within thirty (30) days from the effective date of the Order. Respondent's check shall be made payable to City of Bakersfield, Fire Department Prevention ServicesDivision, and shall identify the Respondent and Docket Number, as shown in the heading of this case. Respondent shall deliver the penalty payment to: Ms. Susan Chichester Business Manager Bakersfield Fire Department 2101 H Street Bakersfield, California 93301 A photocopy of the check shalll be sent to: Mr. Howard H. Wines, tI] Director of Prevention Services City of Bakersfield 2101 H Street Bakersfield, California $3301 5. This Order is final and effective upon execution by the City and Respondent. 6. “Days” for purposes of this Order means calendar days. Date of Issuance: September 1, 2011 Chics Mr. Howard H. Wines, III Director of Prevention Services City of Bakersfield Crystal Geyser Water Company Date Typed or Printed Name of Respondent's Representative cc: Mr. Justin Crumley, Associate City Attomey Mr. Tim Lynch, Deputy Fire Chief Ms. Susan Chichester, Business ManagerSTATE OF CALIFORNIA CITY OF BAKERSFIELD FIRE DEPARTMENT / PREVENTION SERVICES DIVISION In the Matter of: Docket No.: 2011-09 CRYSTAL GEYSER WATER COMPANY, a STATEMENT TO RESPONDENT California corporation # C023855 doing business in Bakersfield, California Enforcement Order Respondent. TO THE ABOVE RESPONDENT: ‘An Enforcement Order (‘Order’) is attached to this statement and is hereby served upon you. The Order has been filed by the Bakersfield Fire Department / Prevention Services Division. Unless a written request for a hearing signed by you or on your behalf is delivered or mailed to Bakersfield Fire Department, Prevention Services Division within fifteen (15) days after you have received a copy of the Order, you will be deemed to have waived your right to a hearing in this matter. If you do not file a timely hearing request, the Order becomes final automatically. The request for a hearing may be made by delivering or mailing one copy of the enclosed form entitled “Notice of Defense” or by delivering or mailing a Notice of Defense as provided in Section 11506 of the Government Code to: Mr. Justin Crumley Associate City Attorney City Attorney's Office City of Bakersfield 1600 Truxtun Avenue Bakersfield, California 93301Order. An informal conference may be pursued simultaneously with the hearing process. You may, but are not required, to be represented by counsel at any or all stages of these proceedings. INFORMAL CONFERENCE If you wish to discuss this matter with Bakersfield Fire Department, Prevention Services Division, an Informal Conference has been scheduled for: Date Thursday, September 22, 2011 Time: 10:00 AM Location: Bakersfield Fire Headquarters 2101 H Street Bakersfield, California 93301 (661) 326-3979 You may inform Bakersfield Fire Department, Prevention Services Division at the conference whether you wish to pursue a formal hearing or waive your right to a formal hearing, as explained below. FORMAL HEARING RIGHTS YOU MUST FILE A WRITTEN REQUEST FOR A HEARING WITHIN FIFTEEN (15) DAYS IF YOU WISH TO HAVE A FORMAL HEARING.September 1, 2011 Mr. Peter G. Gordon Agent for Service of Process 55 Francisco Street, Suite 410 San Francisco, CA 94133 Douglas R. Greener | Fire Chief RE: CRYSTAL GEYSER WATER COMPANY 1233 East California Deputy Chief Tyler Hartley Avenue Bakersfield, California DOCKET # 2011-09 OperationsyTraining/Arson 661-326-3655, Dear Mr. Gordon; Deputy Chief Tim Lynch Fe oeeeernon Enclosed please find an Enforcement Order and related documents 951-325-9882 concerning violations of Section 25189.6 of the California Health and Safety Code. This Enforcement Order pertains to the unauthorized 2101H" Street | discharge of a hazardous material originating from 1220 East Bakersfield, CA 93301 California Bakersfield, California. (661) 326-3911 (661) 852-2170 (fax) As indicated in the enclosures, you have a right to a hearing. Whether or not you choose to pursue an appeal, you are encouraged to explore the possibility of settlement meeting on Thursday September 22, 2011 at 10:00 am by contacting me at 2101 H Street Bakersfield, HOWARD H. WINES, IIT CA 93301, or telephone (661) 326-3659. DIRECTOR PREVENTION SERVICES — 2101 “H" Street Sincerely, Bakersfield, CA 93301 VOICE: (661) 326-3979 PG gp FAX: (661) 852-2171 LOLS Howard H. Wines, Ill PG 7239 Director of Prevention Services Enclosures cc: J, Crumley, City Attomey's Office T. Lynch, Deputy Fire Chief S. Chichester, Business Manager “Serving the Community for more than a Century”STATE OF CALIFORNIA CITY OF BAKERSFIELD CERTIFIED UNIFIED PROGRAM AGENCY In the Matter of. CRYSTAL GEYSER WATER COMPANY, a__| NOTICE OF DEFENSE California corporation # C023855 doing business in Bakersfield, California Respondent. Docket No.: 2011-09 California Health and Safety Code Section 25189.6 |, the undersigned Respondent, acknowledge receipt of a copy of the Enforcement Order, Statement to Respondent, Government Code sections 11507.5, 11507.6 and 11507.7, and two copies of this Notice of Defense. | request a hearing to permit me to present my defense to the allegations contained in the Enforcement Order. Dated: (Signature of Respondent) Please Type or Print the Name and Mailing Address of Respondent (Name) (Street Address) (City) (State) (Zip) (Telephone Number)Government Code Section 11507.5 The provisions of Section 11507.6 provide the exclusive right to and method of discovery as to any proceeding governed by this chapter. Government Code Section 11507.6 After initiation of a proceeding in which a respondent or other party de entitled to a hearing on the merits, a party, upon written request made to another party, prior to the hearing and within 30 days after service by the agency of the initial pleading or within 15 days after the service of an additional pleading, is entitled to (1) obtain the names and addresses of witnesses to the extent known to the other party, including, but not limited to, those intended to be called to testify at the hearing, and (2) inspect and make a copy of any of the following in the possession or custody or under the control of the other party: (a) A statement of a person, other than the respondent, named in the initial administrative pleading, or in any additional pleading, when it is claimed that the act or omission of the respondent as to this person is the basis for the administrative proceeding; (b) A statement pertaining to the subject matter of the proceeding made by any party to another party or person; (c) Statements of witnesses then proposed to be called by the party and of other persons having personal knowledge of the acts, omissions or events which are the basis for the proceeding, not included in (a) or (b) above; (a) All writings, including, but not limited to, reports of mental, physical and blood examinations and things which the party then proposes to offer in evidence; (e) Any other writing or thing which is relevant and which would be admissible in evidence; (£) Investigative reports made by or on behalf of the agency or other party pertaining to the subject matter of the proceeding, to the extent that these reports (1) contain the names and addresses of witnesses or of persons having personal knowledge of the acts, omissions or events which are the basis for the proceeding, or (2) reflect matters perceived by the investigator in the course of his or her investigation, or (3) contain or include by attachment any statement or writing described in (a) to (e), inclusive, or summary thereof. For the purpose of this section, "statements" include written statements by the person signed or otherwise authenticated by him or her, stenographic, mechanical, electrical or other recordings, or transcripte thereof, of oral statements by the person, and written xeports or summaries of these oral statements Nothing in this section shall authorize the inspection or copying of any writing or thing which is privileged from disclosure by law or otherwise made confidential or protected as the attorney's work product.Government Code Section 1507.7 (a) Any party claiming the party's request for discovery pursuant to Section 11507.6 has not been complied with may serve and file with the administrative law judge a motion to compel discovery, naming as respondent the party refusing or failing to comply with Section 11507.6. The motion shall state facte showing the respondent party failed or refused to comply with section 11507.6, a description of the matters sought to be discovered, the reason or reasons why the matter is discoverable under that section, that a reasonable and good faith attempt to contact the respondent for an informal resolution of the issue has been made, and the ground or grounds of respondent's refusal 80 far as known to the moving party. (b) The motion shall be served upon respondent party and filed within 15 days after the respondent party first evidenced failure or refusal to comply with Section 11507.6 or within 30 days after request was made and the party has failed to reply to the request, or within another time provided by stipulation, whichever period is longer. (c) the hearing on the motion to compel discovery shall be held within 15 days after the motion is made, or a later time that the administrative law judge may on the judge's own motion for good cause determine. The respondent party shali have the right to serve and file a written answer or other response to the motion before or at the time of the hearing (a) Where the matter sought to be discovered is under the custody or control of the respondent party and the respondent party asserts that the matter is not a discoverable matter under the provisions of Section 11507.6, or is privileged against disclosure under those provisions, the administrative law judge may order lodged with it matters provided in subdivision (b) of Section 915 of the Evidence Code and examine the matters in accordance with its provisions. (e) The administrative law judge shall decide the case on the matters examined in camera, the papers filed by the parties, and such oral azgument and additional evidence as the administrative law judge may allow. (f) Unless otherwise stipulated by the parties, the administrative law judge shall no later than 15 days after the hearing make its order denying or granting the motion. The order shall be in writing setting forth the matters the moving party is entitled to discover under Section 11507.6. A copy of the order shall forthwith be served by mail by the administrative law judge upon the parties. Where the order grants the motion in whole or in part, the order shall not become effective until 10 days after the date the order is served. Where the order denies relief to the moving party, the order shall be effective on the date it is served.any TERA Cryst Cysae i sy 333° OT w- 313-6L wd PUR to 15 oes | eo 2 6B onHee Mat Emerg, Spill Report Complint avironmentl Services Haz Mat Incident / Spill Report / Complaint Follow Up o% pe pate 2/24 | Time. Environmental Services Contact Reporting Party_\\ Address ta EF CAutoe A Telephone No. & 2.3 4 7 5G Location of the incident 1 > ~ Prong Ce 0 Saka ty 1% ties Ne S + Recax HOO gellens O6 Bish PH Gare. Aas Juvged > Oxy Sed ay Responding to Incident Observations Special Conditions and/or health risks ‘Haz Mat Team Dispatched YQ) Van Cellular No. 332-7865 OES Number Required Y)N ‘Number. Poss Exposure Victims Medical Attention Required or Obtained Probable Hazardous Waste Clean Up Y Discussion and Disposition Referral ?Business Search - Business Entities - Business Programs Page 1 of | = a & without duscrumenation Elpy Of State Debra Bowen aliformia Secret Secretary of State ‘Administration Elections Business Programs Political Reform Archives Registries Business entities (88) Business Entity Det: contne Services “Business Search Data is undated weekly and is current as of Friday, August 26, 2011. It's nota complete or cerned = Disclosure Seareh record ofthe entity. = eels Statements Entity Nami CRYSTAL GEYSER WATER COMPANY Entity Number: cos2385s Date Filed: 08/35/1977 status: ACTIVE Forms, Samples & Fees uriediction: CALIFORNIA ‘Annual/Biennial Statements Entity Addres 55 FRANCISCO STREET - SUITE 410| Filing Tips Entity City, State, Zip: SAN FRANCISCO CA 94133 Information Requests lent for Service of Process: ee nee Agent for Service of P PETER GORDON ‘Status reports) Agent Address: 55 FRANCISCO STREET - SUITE 410| Service of Process Agent City, State, Zip: SAN FRANCISCO CA 94133 Fags "Indicates the information is not contained in the California Secretary of State's database, contact Information ‘+ Ifthe status of the corporation is "Surrender," the agent for service of process is automatically revoked. Please refer to California Corporations Code section 2114 for Information relating tO Service upon corporations that have surrendered. Lineriea h achows «+ For information on checking or reserving a name, refer to Name Availability. “nnternational Business {For information on ordering certificates, copies of documents and/or status reports orto request 8 Relations more extensive search, refer to Information Requests. ‘+ For help with searching an entity name, refer to Search Tips. Customer Alert {For descriptions of the various fields and status types, refer to Field Descriptions and Status (clean bee Definitions, Modify Search New Search Printer Friendly Back to Search Results privacy Statement | Free Document Readers Copyright © 2011 Calforie Secretary of State http://kepler.sos.ca.gov/cbs.aspx 9/1/2011