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enough backfill material to show that the risers had been protected against corrosion with the use of <br /> tape. The two failed spill buckets were retested for tightness and passed. <br /> On September 1, 2004, Mr. Catanyag called the assistant manager, Donna Tompkins and asked <br /> about the secondary piping termination issue. Ms. Tompkins stated that the pressure was released from <br /> the test boot the day of the inspection but remains connected as stated in the letter to the SJVAPCD. <br /> Mr. Catanyag contacted Mr. James Espiritu from SJVAPCD and discussed the issue of secondary <br /> piping termination for the diesel tank siphon lines. Mr. Espiritu stated that SJVAPCD has no such <br /> requirement on the diesel lines. Mr. Espiritu told Mr. Catanyag that he will inform Flying J that <br /> SJVAPCD has no such requirement. <br /> On April 6, 2005, Mr. Catanyag sent a letter to the facility and the corporate office stating the <br /> monitoring certification is past due and must be scheduled immediately(Attachment 7). On April 14, <br /> 2005, Dan Crawford, Environmental Compliance Manager for Flying J, left a message for Mr. <br /> Catanyag stating the tests had been done. Mr. Crawford requested Mr. Catanyag's e-mail address to <br /> forward the information. Mr. Catanyag left a message for Mr. Crawford stating the last documentation <br /> that the EHD had received was the monitoring certification that occurred in March, 2004. Any testing <br /> (monitoring certification, spill bucket test, or secondary containment test)that may have occurred after <br /> that date would be invalid because the EHD was never notified about the testing. <br /> On April 14, 2005, Mr. Catanyag received a message from Kathy Clements, NTCA (a <br /> contractor hired by Flying J) asking for a call back. After many messages left on voice mails, Mr. <br /> Catanyag spoke with Ms. Clements. Ms. Clements asked what type of testing needed to be scheduled <br /> for the site. Mr. Catanyag informed Ms. Clements the site must conduct a monitoring certification,test <br /> spill containers, and perform secondary containment testing. Mr. Catanyag clarified that <br /> documentation submitted by the secondary containment testing company was dated March 22, 2W3, <br /> but was received June 12, 2002. There was an error in the test date because the test was actually <br /> conducted on March 22, 2002. Ms. Clements said she understood and will schedule the test <br /> immediately. <br /> On May 10, 2005, Mr. Catanyag called Ms. Clements and asked when the testing will occur. <br /> Ms. Clements stated the job is currently out for bid. She hopes to schedule the testing within a couple <br /> of weeks but definitely will have it completed by the end of the month. Mr. Catanyag asked Ms. <br /> Clements if she was aware that the tests were two months past due. Ms. Clements told Mr. Catanyag <br /> she was aware of the fact. <br /> On May 10, 2005, Mr. Catanyag went to the facility to get a copy of the designated operator <br /> (D.O.) inspection report. Mr. Catanyag wanted to review the D.O. report to see when the last testing <br /> was done as this information should be part of each report. Mr. Catanyag spoke with Mr. Shawn <br /> Baker, Facility Manager for Flying J. Mr. Catanyag requested a copy of the previous month's <br /> inspection reports and after searching for about twenty minutes, the facility personnel were not able to <br /> provide Mr. Catanyag a copy. Mr. Baker asked if the inspection reports were the documents submitted <br /> to Mr. Crawford on a monthly basis. Without seeing a copy of the reports,Mr. Catanyag was unable to <br /> answer the question. Mr. Catanyag informed Mr. Baker that Mr. Crawford is the only person listed as <br /> the D.O. (Attachment 8). Mr. Catanyag asked who was performing the monthly inspections and Mr. <br /> Baker replied Ms. Tompkins. When asked if Ms. Tompkins had passed the exam, Mr. Baker said she <br /> had not passed. Mr. Baker was under the impression that by having a certified designated operator, <br /> Flying J was still in compliance even if Ms. Tompkins performed the monthly inspections. Mr. <br /> Catanyag showed Mr. Baker the section in the regulations that define the designated operator and their <br /> monthly duties. At this time, Mr. Catanyag also informed Mr. Baker that certain tests were also past <br /> due and contacted Mr. Crawford, Mr. Rick Callahan and Ms. Clements. Mr. Baker assured Mr. <br /> 3 <br />