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Response to San Joaquin County Complaint <br />Second Cause of Action <br />Complaint: <br />a. Violation of Health and Safety Code section 25503.5(a), being a business that <br />handles a hazardous material or a mixture containing a hazardous material that <br />has a quantity at any one time during the reporting year equal to, or greater than, a <br />total weight of 500 pounds, or a total volume of 55 gallons, or 200 cubic feet at <br />standard temperature and pressure for compressed gas, including but not limited <br />to: <br />1. CHLORINE; <br />2. HYDROCHLORIC ACID; <br />3. PHOSPHORIC ACID; <br />4. POTASSIUM PERMANGANATE; <br />5. SODIUM HYDROXIDE; <br />6. SULFER DIOXIDE; <br />7. SULFURIC ACID; <br />failed to establish and implement a business plan for emergency response to a <br />release or threatened release of a hazardous material for 1010 INDUSTRIAL <br />DRIVE, STOCKTON, CALIFORNIA; <br />Sierra Chemical Response and Action: <br />Sierra Chemical was not aware until receipt of the DRAFT complaint that it was <br />alleged we did not establish and implement a business plan. A Business Plan <br />(HMMP) has been in force continually since the facility was established. It has <br />been updated annually and as required. <br />The 2002 BMMP Certification Statement was submitted 12/18/2001 <br />The 2003 FDAMP Certification Statement was recorded 1/13/2003 <br />The 2004 ENEM' Certification Statement was recorded 1/23/2004 <br />The 2005 BNR-.IP Certification Statement was recorded 1/17/2005 <br />The 2005 BNROP was revised 10/10/2005 <br />The 2006 HAIlOP Certification was recorded 1/17/2006 <br />Each year all required changes to the inventory or staffing have been made. <br />Sierra Chemical also has maintained an Emergency Response Plan that covered <br />response to all emergencies. Following the July 28, 2005 inspection a policy <br />decision was made to revise our emergency response policy. The revised policy <br />consists of only notification as per the California Hazardous Material <br />Spill/Release Notification Guidance and support by Technician Level Trained <br />Personnel to the Local Fire Department. Copies of the Interim Procedure were <br />provided to Kasey Foley and Dennis Fields on July 29, 2005. <br />