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On July 20, 2010, Mr. Backus performed a routine underground storage tank system <br />inspection (Attachment 7) and witnessed the annual monitoring system certification, leak <br />detector testing, and spill container testing. Mr. Backus found diesel in the secondary <br />containment below dispensers 3/4 and 7/8. During a review of the facility's documents, <br />Mr. Backus found that current financial responsibility documents were not on file with the <br />EHD and that the UST monitoring plan was not current. The July 2009 through June <br />2010 designated operator monthly inspection reports, the 2008 and 2009 secondary <br />containment test results and the 2008 and 2009 monitoring system certification test <br />results were not found on site. The facility employees were also not trained by the <br />designated operator within the last 12 months. Secondary containment testing for under <br />dispenser containment sumps 5/6 and 7/8 and diesel piping installed on April 15, 2009, <br />due by October 2009, six months after installation, was not done. The monitoring <br />system certification test report, due within 30 days of testing, was submitted on <br />September 21, 2010. <br />On August 24, 2010, Mr. Backus sent a follow up letter to Mr. Amritpal "Paul" Tiwana, <br />facility operator, by certified mail requesting all items noted in the July 20, 2010, routine <br />UST inspection report be submitted (Attachment 8). <br />On September 13, 2010, Mr. Backus received a voice mail from "Robbie" regarding UST <br />forms. Mr. Backus called back and left a voice mail asking for a return call. <br />On September 16, 2010, Mr. Backus spoke with "Robbie," who stated he was Mr. <br />Tiwana's son-in-law, and set up a date for a billable UST consultation to complete the <br />return to compliance documents. <br />On September 16, 2010, Mr. Backus called Mr. Tiwana and asked him if the facility had <br />electricity service since the store was closed for remodeling. Mr. Tiwana said he did not <br />know if the electrical service was working. Mr. Backus described the UST temporary <br />closure process to Mr. Tiwana, who stated that the facility would be closed for three <br />months to install a car wash. Mr. Backus explained that the UST monitoring system <br />must be operational at all times and must be checked daily for alarms. <br />On September 17, 2010, Mr. Backus sent a Notice to Abate Immediately to restore the <br />UST monitoring system by certified mail to Mr. Tiwana's home address (Attachment 9). <br />On September 21, 2010, Mr. Backus met with Mr. Tiwana at the EHD office. Mr. Tiwana <br />submitted current financial responsibility documents dated September 10, 2010, an <br />updated UST monitoring plan, a recordable release statement for the diesel leaks found <br />on July 20, 2010, and an incomplete monitoring system certification report from the July <br />20, 2010, testing (spill container test results were lacking and the test date was <br />incorrect). Mr. Tiwana also submitted a Return to Compliance Certification and a <br />statement that he would submit employee training records and the July 2009 through <br />June 2010 designated operator monthly inspection reports to the EHD (Attachment 10). <br />Secondary containment testing was not addressed, and the training records and monthly <br />inspection reports were never submitted. Mr. Tiwana stated to Mr. Backus that the <br />facility's power will be off for two weeks for the car wash installation. Mr. Backus <br />explained that the UST monitoring system must be operational at all times or the UST <br />system must be placed into temporary closure. Mr. Tiwana said he would consult with <br />his general contractor to see if power can be maintained to the monitoring panel. <br />2 <br />