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provide for a means of analyzing the removed water for hazardous substance contamination and <br /> a means of disposing of the water, if so contaminated, at an authorized disposal facility." <br /> Title 23, California Code of Regulations, Chapter 16—2631(d)(4): <br /> "The secondary containment system shall be equipped with a collection system to <br /> accumulate, temporarily store, and permit removal of any liquid within the system." <br /> In this instance,since the underground storage tanks were installed on 6/23/2003 it is regulated by Section <br /> 25291(e) of the California Health and Safety Code and Title 23 of the California Code of <br /> Regulations and it is not a violation for liquid to be observed in the turbine and fill sumps. <br /> Item 3: During your inspection,the 87 and 91 spill buckets failed initial testing. <br /> Resolution 3: The testing technician cleaned the drain valve in the 91 spill bucket, replaced the fill cap in <br /> the 87 spill bucket on the day of the inspection. Following the repairs, the buckets were retested and <br /> passed. <br /> Item 4: During your inspection you observed a tank measuring stick in the 91 drop tube that could <br /> override the mechanical overfill protection. <br /> Resolution 4: The tank measuring stick was removed at the time of the inspection to ensure compliance <br /> with the all applicable regulations. Since the time of your inspection, 7-Eleven requested their fuel <br /> transporter, KAG West, conduct an internal investigation to determine the root cause of this issue. KAG <br /> West has reported to 7-Eleven that the presence of the tank stick in the in the 91 drop tube was an <br /> unintentional mistake made by one of their drivers. The tank stick apparently broke during use and the <br /> driver failed to report the incident to their supervisor,which would have led to 7-Eleven being notified and <br /> its removal. 7-Eleven also believes this to be an accident as the 91 product tank has not been filled to <br /> more than 6,254 gallons over the past year. This amount is far below the setting for the drop tube mounted <br /> overfill device. The driver believed to have been responsible for this incident is now no longer employed <br /> with KAG West. KAG West has reviewed the delivery procedures with all of their drivers in the San <br /> Joaquin Valley area and will again be reviewing them with all of their drivers during their next driver <br /> safety meeting. <br /> This letter should address the items noted on the Inspection Report. 7-Eleven assumes that all issues <br /> regarding this report have been resolved and are closed. The submittal of this response by 7-Eleven shall <br /> not constitute, nor be deemed to constitute, an admission of liability or responsibility with respect to the <br /> alleged violations and, in addition, evidence of this settlement may not be used in any administrative or <br /> judicial proceeding or otherwise. <br /> Very truly yours, <br /> 7-Eleven, Inc. <br /> -AA1 <br /> Stephen Boyd <br /> Region Gasoline Environmental <br /> Compliance Manager <br /> Enclosures: CERS screen shot and return to compliance form <br /> 7-Eleven-Inc <br /> P.O.Box 711—Dallas.Texas 7522 1-071 1 <br />