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TO: David Irey, Supervising Deputy District Attorney San Joaquin County District Attorney's Office Environmental Prosecution Unit FROM: Donna Heran, Director San Joaquin County Environmental Health Department DATE: March 10, 2008 RE: Flame Mini Mart 1301 W. Kettleman Lane Lodi, CA 95242 On November 3, 2004, Mr. Dennis Catanyag, Registered Environmental Health Specialist (REHS), San Joaquin County Environmental Health Department (EHD), performed a routine underground storage tank (UST) inspection and witnessed the annual monitoring system certification at the above referenced site. During the inspection, it was observed that a measuring stick was inserted in the 87 octane drop tube, which rendered the overfill prevention device non-functional. Flame Mini Mart owner, Mr. Pete Graffigna, was notified of the violation and the violation was also noted in the inspection report (Attachment 1). Mr. Graffigna claims that the measuring stick did not belong to the facility and proceeded to show Mr. Catanyag the only measuring stick that belonged to the facility. Mr. Graffigna explained that Van de Pol is the only provider of fuel for the facility. Mr. Graffigna called and spoke with a Van de Pol representative regarding the situation who did not comment on Mr. Graffigna's situation. Mr. Catanyag explained the facility could not receive a fuel drop for the 87 octane tank until a functional overfill prevention system can be verified. Mr. Graffigna called Elite IV Contractors to remove the measuring stick. Elite IV agreed to come out later that day. Mr. Graffigna then called and spoke with Mr. David Atwater from Van de Pol about the situation. Mr. Graffigna explained to Mr. Atwater that Flame Mini Mart had upgraded their spill buckets at the end of July and new drop tubes were installed; therefore, the measuring stick could not have been in the tank more than three months. Per Mr. Graffigna, Mr. Atwater said "I guess it may have been the driver" and added, "We will cover the cost of what Elite IV will charge." After many tries, Mr. Graffigna was able to remove the stick in the presence of Mr. Catanyag prior to the arrival of Elite IV. The measuring stick in the drop tube had the name "Williams Tank Line" stamped on it (Attachment 2). Mr. Catanyag mailed Mr. Graffigna an amended inspection report San Joaquin County DIRECTOR u t 0 Environmental Health Department Donna Heran, REHS y,• - .p ASSISTANT DIRECTO .a 600 East Main StreetLaurie Cotulla, REHS Stockton, li r I PROGRAM COORDINATORS • Carl Borgman, REHS S/t@: S oV.or /eh I Mike Huggins, REHS, RDI Margaret Lagorio, REHS Phone: () 468-3420 Robert McClellon, REHS X: () 464-0138 Jeff Carruesco, REHS, RDI Kasey Foley, REHS TO: David Irey, Supervising Deputy District Attorney San Joaquin County District Attorney's Office Environmental Prosecution Unit FROM: Donna Heran, Director San Joaquin County Environmental Health Department DATE: March 10, 2008 RE: Flame Mini Mart 1301 W. Kettleman Lane Lodi, CA 95242 On November 3, 2004, Mr. Dennis Catanyag, Registered Environmental Health Specialist (REHS), San Joaquin County Environmental Health Department (EHD), performed a routine underground storage tank (UST) inspection and witnessed the annual monitoring system certification at the above referenced site. During the inspection, it was observed that a measuring stick was inserted in the 87 octane drop tube, which rendered the overfill prevention device non-functional. Flame Mini Mart owner, Mr. Pete Graffigna, was notified of the violation and the violation was also noted in the inspection report (Attachment 1). Mr. Graffigna claims that the measuring stick did not belong to the facility and proceeded to show Mr. Catanyag the only measuring stick that belonged to the facility. Mr. Graffigna explained that Van de Pol is the only provider of fuel for the facility. Mr. Graffigna called and spoke with a Van de Pol representative regarding the situation who did not comment on Mr. Graffigna's situation. Mr. Catanyag explained the facility could not receive a fuel drop for the 87 octane tank until a functional overfill prevention system can be verified. Mr. Graffigna called Elite IV Contractors to remove the measuring stick. Elite IV agreed to come out later that day. Mr. Graffigna then called and spoke with Mr. David Atwater from Van de Pol about the situation. Mr. Graffigna explained to Mr. Atwater that Flame Mini Mart had upgraded their spill buckets at the end of July and new drop tubes were installed; therefore, the measuring stick could not have been in the tank more than three months. Per Mr. Graffigna, Mr. Atwater said "I guess it may have been the driver" and added, "We will cover the cost of what Elite IV will charge." After many tries, Mr. Graffigna was able to remove the stick in the presence of Mr. Catanyag prior to the arrival of Elite IV. The measuring stick in the drop tube had the name "Williams Tank Line" stamped on it (Attachment 2). Mr. Catanyag mailed Mr. Graffigna an amended inspection report