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fuel in May 2008. Mr. Hazard asked that all correspondence be sent to 14175 E. Hwy <br /> 26, Linden, CA. <br /> After speaking with Mr. Hazard, Mr. Backus sent a Notice to Abate Immediately (NAI) <br /> letter to Mr. Hazard and copied Ms. Donna Baxter of F&M Bank (Attachment 4). The <br /> letters were sent by certified mail and were received on June 6, 2008, and June 16, <br /> 2008, from Ms. Baxter and Mr. Hazard, respectively. The letter required Mr. Hazard to <br /> send the new UST owner documents and pay the 2008 UST permit fees to the EHD. <br /> The letter also notified Mr. Hazard about UST closure requirements since the USTs were <br /> emptied of fuel in May 2008. Mr. Backus notified the EHD accounting office to place the <br /> facility and tanks out of compliance. <br /> On June 5, 2008, Ms. Michelle Henry, Senior REHS, EHD, received a telephone call <br /> from Mr. Dan Mcllrath of Valley Underground Tank Monitoring. Mr. Mcllrath was the <br /> UST Designated Operator (DO) for the facility, and stated that he was locked out of the <br /> facility and could not perform the monthly DO duties and inspection. He stated that he is <br /> no longer their DO. He stated that he also works for Stockton Petroleum, Inc., which <br /> sold fuel to the facility. A Stockton Petroleum, Inc., driver was allowed to enter the <br /> facility by the owner and remove all of the fuel from the USTs. Ms. Henry asked Mr. <br /> Mcllrath to put his statement in writing. The EHD received the written statement on June <br /> 11, 2008 (Attachment 5). <br /> On June 19, 2008, Mr. Backus returned a telephone call from Mr. Hazard. Mr. Backus <br /> told Mr. Hazard that the 2008 UST permit fees were due. Mr. Hazard said that he was <br /> filing personal bankruptcy. Mr. Backus asked Mr. Hazard to complete and submit the <br /> UST facility information and tank information forms. Mr. Hazard said he would call next <br /> Monday to schedule a time to meet at the EHD and fill out the forms. <br /> On June 30, 2008, Mr. Backus attempted to perform a routine UST inspection and found <br /> the facility fenced and gates locked. Mr. Backus prepared the UST inspection report and <br /> wrote violations for lacking an operating permit, failing to update facility and tank forms, <br /> failing to submit current certification of financial responsibility information, failing to have <br /> designated operator reports and employee training available for review, and annual <br /> monitoring certification and spill container testing not scheduled and performed <br /> (Attachment 6). <br /> On July 1, 2008, Mr. Backus met Mr. Hazard at the EHD counter. Mr. Hazard completed <br /> the UST facility information form at the counter (Attachment 7). Mr. Hazard signed the <br /> UST inspection report from the June 30, 2008, inspection. Mr. Backus provided the <br /> inspection report, permit fee invoice, permit application for UST closure and UST tank <br /> forms to Mr. Hazard. Mr. Backus asked Mr. Hazard to fill out the UST tank forms and <br /> return them to the EHD. Mr. Hazard said that he could not pay the permit fees and that <br /> the bank was taking over the facility. <br /> Attachments 8, 9, and 10 include property owner information, facility operator <br /> information, and the UST facility file narrative, respectively. <br /> 2 <br />