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On December 10, 2012, Mr. Cacapit sent a follow up letter to the September 4, 2012,
<br />and September 28, 2012, UST inspections (Attachment 56).
<br />On December 19, 2012, Mr. Cacapit called Ms. Amiri and Mr. Singh, and left each a
<br />message asking them to call back regarding the two September inspections.
<br />On December 21, 2012, Mr. Cacapit sent a Notice of Significant Violation to the facility
<br />and property owner (Attachment 57).
<br />On January 1, 2013, a secondary containment testing notification was submitted by fax
<br />(Attachment 58). Testing was scheduled on January 4, 2013, at 9:00 AM.
<br />On January 3, 2013, Mr. Cacapit returned a voicemail from Mr. Randy Johnson of
<br />Johnson Tank Testing and Maintenance, who asked if his testing notification was
<br />received. Mr. Cacapit told him yes, and confirmed that testing was scheduled for
<br />January 4, 2013, at 9:00 AM.
<br />On January 4, 2013, Mr. Ray von Floe, Lead Senior REHS, EHD, and Ms. Elena Manzo,
<br />Environmental Health Specialist Trainee, EHD, were onsite to witness the secondary
<br />containment testing at 9:00 AM. Mr. von Floe parked on the east side of the facility
<br />facing west, so he could see the entire facility including the tank pad. No one arrived on
<br />site to perform testing by 10:00 AM, so Mr. von Floe and Ms. Manzo left the site without
<br />contacting the tank tester or tank operator.
<br />On January 10, 2013, a monitoring system test report for testing performed on
<br />September 28, 2012, was submitted, two months late (Attachment 59). The report
<br />indicated that the only failure was the 87 -octane spill container, which contradicts the
<br />failures noted in the inspection report (87 -octane leak detector, 91 -octane spill container,
<br />and diesel tank annular sensor).
<br />On January 12, 2013, Mr. Cacapit called and spoke to the manager, Mr. Harnek Singh,
<br />and expressed the need for the facility to correct the outstanding violations. Mr. Cacapit
<br />then called Mr. Sam Singh and left a voicemail expressing the same. Then Mr. Cacapit
<br />called Ms. Amiri, but she hung up on him.
<br />On February 20, 2013, Mr. Cacapit red tagged both 87 -octane tanks for failing to repair
<br />or replace the failed 87 -octane leak detector (Attachment 60). While on site, Mr. Cacapit
<br />asked the manager, Mr. Harnek Singh, about the secondary containment testing. Mr.
<br />Singh stated that Mr. Johnson was on site at 9:00 AM on January 4, 2013, to perform
<br />the testing. Mr. Singh provided a copy of the secondary containment test report to Mr.
<br />Cacapit (Attachment 61). According to the test report, the first test started at 9:05 AM
<br />after a five minute wait, and the conclusion of last test was at 2:30 PM. A total of four
<br />different tests were allegedly started between 9:00 AM and 10:00 AM.
<br />On February 21, 2013, a permit application, SR0066648, was submitted to retest the 87 -
<br />octane leak detector, 87 -octane spill container, 91 -octane spill container, diesel UST
<br />annular sensor, and 87 -octane siphon UST annular sensor, and to make repairs if
<br />necessary. Mr. Cacapit approved the permit the following day (Attachment 62).
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