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May 19, 2000
<br />TO: David Irey, Environmental Prosecutions Unit
<br />FROM: Dennis Fields, Emergency Services
<br />SUBJECT: RESPONSE TO EDDIE'S PIZZA, MR. SCHUCKMAN
<br />Following is my response to Mr. Schuckman's demurrer regarding Eddie's Pizza:
<br />RONALD E. BALDWIN
<br />COORDINATOR
<br />A. Because Carbon Dioxide is a compressed gas it is measured in cubic feet, but the industry
<br />uses pounds as a standard measurement. That is the reason why you will find on the
<br />Carbon Dioxide Survey 1,200 cubic feet was given along with 137 pounds to give
<br />individuals the conversion.
<br />B. On page 2, line 7 there should be an "or" rather than "of'
<br />'
<br />C. On page 2, line 9 "Unable to file the required verified response without knowing which unit
<br />is alleged," Mr. Badway was provided with a Hazardous Materials Management Plan and
<br />Inventory Instruction Packet. On the Chemical Inventory Form, item 17, request the
<br />Physical State and with the information provided, you enter whether the material is in a
<br />solid, liquid, or gas state. This clearly states how Mr. Badway should have answered the
<br />question.
<br />0
<br />E.
<br />F.
<br />G.
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<br />Pressure and Temperature means when the substance is released at 68 degrees or less at
<br />14.7 of pressure, it will be released in a gas state.
<br />On page 3, line 2 "The tanks in question have a volume far less than 200 cubic feet". The
<br />conversion is 1 pound equals 8.741 cubic feet so a 50 lb carbon dioxide cylinder would
<br />have 437 cubic feet which is well over 200 cubic feet.
<br />On page 3, line 3 "whether the plaintiff is claiming that liquid Carbon Dioxide is a gas".
<br />Mr. Badway does not have liquid Carbon Dioxide but compressed Carbon Dioxide gas,
<br />which under pressure, it turns to liquid. When released, it becomes a gas
<br />Page 3, line 11 "unless it meets the threshold established by H & S Code 6382" I was
<br />unable to find this section in the Health and Safety Code, by chance did this come from
<br />another code.
<br />Page 3, line 14 "Since Carbon Dioxide is at atmospheric pressure a ubiquitous and
<br />harmless gas". Following are issues about the statement "harmless gas":
<br />1. The Department of Transportation (49 CFR) regulations Carbon Dioxide as a
<br />Hazardous Material. See enclosure #1
<br />2. The National Fire Protection Agency has given Carbon Dioxide a Health Rating of 1.
<br />COUNTY OF SAN JOAQUIN
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<br />OFFICE OF EMERGENCY SERVICES
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<br />ROOM 610, COURTHOUSE
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<br />222 EAST WEBER AVENUE
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<br />STOCKTON, CALIFORNIA 95202
<br />TELEPHONE (209) 468-3962
<br />HAZARDOUS MATERIALS DIVISION (209) 468-3969
<br />May 19, 2000
<br />TO: David Irey, Environmental Prosecutions Unit
<br />FROM: Dennis Fields, Emergency Services
<br />SUBJECT: RESPONSE TO EDDIE'S PIZZA, MR. SCHUCKMAN
<br />Following is my response to Mr. Schuckman's demurrer regarding Eddie's Pizza:
<br />RONALD E. BALDWIN
<br />COORDINATOR
<br />A. Because Carbon Dioxide is a compressed gas it is measured in cubic feet, but the industry
<br />uses pounds as a standard measurement. That is the reason why you will find on the
<br />Carbon Dioxide Survey 1,200 cubic feet was given along with 137 pounds to give
<br />individuals the conversion.
<br />B. On page 2, line 7 there should be an "or" rather than "of'
<br />'
<br />C. On page 2, line 9 "Unable to file the required verified response without knowing which unit
<br />is alleged," Mr. Badway was provided with a Hazardous Materials Management Plan and
<br />Inventory Instruction Packet. On the Chemical Inventory Form, item 17, request the
<br />Physical State and with the information provided, you enter whether the material is in a
<br />solid, liquid, or gas state. This clearly states how Mr. Badway should have answered the
<br />question.
<br />0
<br />E.
<br />F.
<br />G.
<br />H
<br />Pressure and Temperature means when the substance is released at 68 degrees or less at
<br />14.7 of pressure, it will be released in a gas state.
<br />On page 3, line 2 "The tanks in question have a volume far less than 200 cubic feet". The
<br />conversion is 1 pound equals 8.741 cubic feet so a 50 lb carbon dioxide cylinder would
<br />have 437 cubic feet which is well over 200 cubic feet.
<br />On page 3, line 3 "whether the plaintiff is claiming that liquid Carbon Dioxide is a gas".
<br />Mr. Badway does not have liquid Carbon Dioxide but compressed Carbon Dioxide gas,
<br />which under pressure, it turns to liquid. When released, it becomes a gas
<br />Page 3, line 11 "unless it meets the threshold established by H & S Code 6382" I was
<br />unable to find this section in the Health and Safety Code, by chance did this come from
<br />another code.
<br />Page 3, line 14 "Since Carbon Dioxide is at atmospheric pressure a ubiquitous and
<br />harmless gas". Following are issues about the statement "harmless gas":
<br />1. The Department of Transportation (49 CFR) regulations Carbon Dioxide as a
<br />Hazardous Material. See enclosure #1
<br />2. The National Fire Protection Agency has given Carbon Dioxide a Health Rating of 1.
<br />
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