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Page 2 of 3 <br /> converted 1 UST to contain Diesel fuel and replaced 4 dispensers. Mr. Cacapit approved our work and the <br /> installation of all 4 dispensers on April 15, 2011, signed the Permit to Operate (PTO) and allowed the station to <br /> resume operation. Upon his return to Health Department office and after conferring with his "supervisor" (Mr. <br /> Cacapit did not name the supervisor), Mr. Cacapit contacted Eric Janzen (Code Compliance Officer—Able <br /> Maintenance, Inc.)and verbally recanted the PTO he signed. Mr. Cacapit based his objection on Able <br /> Maintenance's decision to install all 4 dispensers without frame adapters. Mr. Janzen attempted to explain the <br /> justification for this decision and, during the course of this conversation; Mr. Cacapit extended his objection to <br /> include all four dispensers at this property and to a separate property for which Able Maintenance has proposed <br /> (and obtained a permit)a similar scope of work. <br /> Able Maintenance is formally appealing Mr. Cacapit's decision regarding 2 of the dispenser(Advantage B79) <br /> installations performed at 2448 West Kettleman Lane, Lodi. These dispensers were installed in accordance with <br /> standard industry practice and meet all the requirements for secondary containment without a dispenser frame <br /> adapter. It is our opinion and the opinion of S. Bravo Systems (see attached letter) that the addition of a dispenser <br /> frame adapter would not provide a benefit to either structure or containment. <br /> In regards to the remaining dispensers, we disagree with Mr. Cacapit's objection but will comply with his <br /> requirement. We are working with Shields & Harper to provide the appropriate Bravo frame adapter for these <br /> (Encore 300)dispensers. <br /> Project Background: <br /> Able Maintenance installed 4 new dispensers at the Tesoro owned Shell Service Station #68153. The UDC's at <br /> this site are all Bravo shallow pan model #2365. Two of these pans received Gilbarco Advantage B79 3+0 <br /> dispensers, the remaining two pans received Gilbarco Encore 300 NL1 3+1 dispensers. Since all 4 dispensers <br /> had a similar footprint to the Gilbarco Advantage B05 they replaced, all 4 dispensers were installed on the existing <br /> UDC's without frame adapters. Custom steel angle brackets equipped with an integral steel "cap"were used to <br /> install the Encore dispensers. <br /> Aris Cacapit performed the final inspection on April 15th, approved the installation of all 4 dispensers and issued <br /> the Permit to Operate. Upon the inspector's return to the office, he called Able Maintenance and verbally <br /> recanted his approval on the grounds that the Encore 300 dispensers were larger that the dispenser they <br /> replaced and must be installed with a State approved frame adapter. During the course of his communication with <br /> Eric Janzen (Able Maintenance), Mr. Cacapit extended his objection to include all four dispensers at this property <br /> and indicated that this requirement would be extended to a proposed project located in Lockeford, CA. <br /> Mr. Janzen had multiple conversations with Mr. Cacapit over the following week in which multiple options for <br /> dispenser attachment were discussed, considered and rejected. Mr. Janzen also asked that Mr. Cacapit provide <br /> written direction regarding his decision. Mr. Cacapit, at the direction of his supervisor(again, Mr. Cacapit did not <br /> identify the supervisor), refused to put his decision in writing. <br /> S. Bravo Systems has provided a letter(attached)describing their professional opinion regarding the installation <br /> of Advantage B79 dispensers on Bravo#2365 dispenser pans. Also attached are copies of the State approval for <br /> the Bravo Frame Adapter and the final inspection report signed by Aris Cacapit. <br /> Eric Janzen <br /> Able Maintenance, Inc. <br /> From: Jonathan Smith [mailto:jon@sbravo.com] <br /> Sent: Friday, April 22, 20112:08 PM <br /> To: Eric Janzen <br /> Cc: Rod Brownlee; dmukai@sbravo.com; gracie@sbravo.com <br /> Subject: RE: Tesoro Service Station #68153 - Job# 533911 <br /> Hello Eric, <br /> Upon review of the Conversion Frame Order Form submitted for your jobsite,we have determined that this <br /> dispenser upgrade from a Gilbarco Advantage B05 to an Advantage B79 does not require the use of a Bravo <br /> 5/20/2011 <br />