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ENVIRO MENTAL HEALTH DEPARTMENT <br /> SAN JOAQUIN COUNTY <br /> ?� Donna K.Heran,R.E.H.S. Unit Supervisors <br /> Director 304 East Weber Avenue, Third Floor Carl Borgman,R.E.H.S. <br /> Al Olsen,R.E.H.S. Stockton, California 95202-2708 Mike Huggins,R.E.H.S.,R.D.I. <br /> • cq. �P Program Manager Douglas W.Wilson,R.E.H.S. <br /> Laurie A.Cotulla,R.E.H.S. Telephone: (209) 468-3420 Margaret Lagorio,R.E.H.S. <br /> Program Manager Fax: (209) 464-0138 Robert McClellon,R.E.H.S. <br /> Mark Barcellos,R.E.H.S. <br /> TO: David Irey,Deputy District Attorney <br /> San Joaquin County District Attorney's Offor, <br /> Environmental Prosecution Unit <br /> FROM: Donna Heran,Director <br /> San Joaquin County Ensronmental Health Department <br /> DATE: May 18,2005 <br /> RE: Flying J <br /> 15100 N. Thornton Road, Lodi CA <br /> � t <br /> 1. SUMMARY <br /> On March 9, 2004, Mr. Dennis Catanyag received a call from Mr. Robert Bush, Elite IV <br /> Contractors, stating it appeared a retrofit had taken place surrounding the spill containers on the regular <br /> and supreme gas tanks. Mr. Bush claims he had looked in the fill risers and did not see any form of <br /> overfill prevention. Mr. Catanyag went on site and confirmed Mr. Bush's statements. An approximate <br /> 3'x 3' concrete slab surrounding the regular and supreme spill containers did not match the surrounding <br /> slab over the tank top. Mr. Catanyag asked Mr. Rick Callahan, Flying J District Manager when <br /> replacement of the spill containers was completed and under what circumstance did the work take <br /> place. <br /> Mr. Callahan stated Service Station Systems changed the spill containers about a year ago <br /> because the spill containers failed San Joaquin Valley Air Pollution Control District (SJVAPCD) <br /> testing. Mr. Catanyag informed Mr. Callahan of several things: <br /> 1. San Joaquin County Environmental Health Department(EHD)was not notified of the <br /> change in equipment and a permit was not taken out. <br /> 2. Since a permit was not taken out, inspections were not performed at the time of the retrofit. <br /> 3. To conduct the necessary inspections,breaking concrete would be required <br /> 4. The regular and supreme underground storage tanks (UST)did not have an overfill <br /> prevention system. <br /> 5. The regular and supreme tanks could not get a fuel delivery until the facility installed an <br /> approved overfill prevention system under permit and inspection of the EHD. <br /> An abatement notice (Attachment 1) was given to the facility stating that a fuel delivery could <br /> not occur until a functional overfill prevention method had been verified by the EHD. <br /> On March 9, 2004, EHD received a permit application (Attachment 2) from Elite IV to install <br /> two drop tubes that would meet the overfill prevention requirement. The permit application was <br /> approved the same day by Mr. Catanyag. <br /> On March 10, 2004, Mr. Catanyag verified the length of the drop tubes and witnessed their <br /> installation. An annular sensor for one of the diesel tanks was replaced under the same permit and an <br /> addendum to the permit was received later that day. Adhough Mr. Catanyag did not notice an alarm in <br /> 1 <br />