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PUBLIC HEALTH SERVICES SAN JOAQUIN COUNTY r. i ENVIRONMENTAL HEALTH DIVISION m: . < Ernest M. Fujimoto, M. D., M.P.H., Acting Health Officer 304 E. Weber Ave., Third Floor • P. O. Box 388 • Stockton, CA 95201-0388 c'ciFoaa a 209/468-3420 TO: DAVID IREY, DEPUTY DISTRICT ATTORNEY SAN JOAQUIN COUNTY DISTRICT ATTORNEY'S OFFICE ENVIRONMENTAL PROSECUTIONS UNIT C } \FROM: DONNA HERAN, R.E.H.S. , DIRECTOR OpyENVIRONMENTAL HEALTH DIVISION �IYI�✓ DATE: SEPTEMBER 27, 1996 RE: REQUEST FOR LEGAL ACTION FISCH ENVIRONMENTAL CONSTRUCTION 1040 W. KETTLEMAN LANE 1B-156 LODI CA 95240 (209) 367-4563 I. CASE SUMMARY On April 24, 1995, Letitia Briggs, Senior REHS (Registered Environmental Health Specialist) , San Joaquin County Public Health Services-Environmental Health Division (PHS-EHD) , received complaint #C0003711 alleging that an unregistered Underground Storage Tank (UST) was located within the city limits at 2523 E. Scotts Avenue. The tank was misrepresented as a farm tank to PHS- EHD and removed by the contractor, Fisch Environmental Construction on May 5, 1995, without obtaining proper permits. This is in violation of California Health and Safety Code (CA H & S) sections 25298 & 25299, and Section 101.4 1944 - 1995, Uniform Fire Code (UFC) Supplemental Rules and Regulations. On May 5, 1995, 1 was driving in East Stockton on Scotts Street looking for the 2523 E. Scotts address given on PHS-EHD UST complaint #C0003711. I witnessed a 500 gallon UST sitting in the back of a blue pickup truck parked in front of the exact complaint address (2523 E. Scotts Street) . The pickup door logo identified the company as Fisch Environmental Construction. I parked the car, crossed the street, and introduced myself to the man tightening the straps on the UST in the blue pickup. He told me his name was David Fisch, and explained he had been hired by the UST owners, Dennis and Shelly (correct name Sherry) Romero to remove the UST. I asked him if he had obtained a fire permit. He told me he did not have a permit. I told him that there had been no Closure Permit Application submitted to PHS-EHD. I immediately wrote David Fisch, the contractor, an Abatement Notice. The Notice stated he was to obtain proper permits from PHS- EHD and City Fire before removing the UST from 2523 E. Scotts Street. As I was writing the Abatement Notice, Mr. Fisch, using a small Bobcat, took the UST back to its former location on the east side of the residence. After Mr. Fisch signed the Abate Notice, I asked him to show me the USTs location. I followed Mr. Fisch up the driveway where he had re-placed the tank to the center east of the driveway on the now back filled former UST location. I observed the UST sitting with the piping (3-4 ft) on top of it. Also, on site was the small excavator (Bobcat) used in the UST removal. I returned to the PHS-EHD office where I obtained a camera, and returned to 2523 E. Scotts with Michael Kith. The blue pickup truck was gone so Michael Kith and I took photographs from the street and sidewalk in front of the residence at 2523 E. Scotts to document the UST location. (Photos 1) 1 A Division of San Joaquin County Health Care Services