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Environmental Health Department Aboveground Petroleum Storage Act Inspection Report Date: May 15, 2024 Facility Address: 1728 LINNE RD, TRACY Facility Name: CONCRETE INC SUMMARY OF VIOLATIONS (CLASS I, CLASS II, or MINOR - Notice to Comply) RemarksItem # 201 CFR 112.3(d) Failure to have a licensed PE properly review and certify the SPCC plan. OBSERVATION: Professional Engineer (PE) failed to properly review and/or certify the Spill Prevention, Control, and Countermeasure (SPCC) plan per the requirements listed in 40 CFR 112.3(d)(1). The SPCC plan was amended on 12/16/2020 stating that Pages IV, V, 5, 12, 17 18, 19 app B were affected and required P.E certification. REGULATION GUIDANCE: (d) Except as provided in § 112.6, a licensed Professional Engineer must review and certify a Plan for it to be effective to satisfy the requirements of this part. (1) By means of this certification, the Professional Engineer attests: (i) That he is familiar with the requirements of § 112.3; (ii) That he or his agent has visited and examined the facility; (iii) That the Plan has been prepared in accordance with good engineering practice, including consideration of applicable industry standards, and with the requirements of this part; (iv) That procedures for required inspections and testing have been established; and (v) That the Plan is adequate for the facility. (vi) That, if applicable, for a produced water container subject to § 112.9(c)(6), any procedure to minimize the amount of free-phase oil is designed to reduce the accumulation of free-phase oil and the procedures and frequency for required inspections, maintenance and testing have been established and are described in the Plan. CORRECTIVE ACTION: Ensure that the SPCC plan has been appropriately reviewed and certified by a PE; submit proof of correction to the EHD. This is a Class II violation. 502 CFR 112.6(b)(2) Tier II Qualified Facility Plan technical amendment not certified by the owner or a PE. OBSERATION: Failure to have technical amendment(s) certified by the professional engineer for a Tier II qualified facility when required. The SPCC Plan 12/16/2020 has not been properly certified by the P.E. REGULATION GUIDANCE: (b)(2) If you self-certify your Plan pursuant to paragraph (b)(1) of this section, you must certify any technical amendments to your Plan in accordance with paragraph (b)(1) of this section when there is a change in the facility design, construction, operation, or maintenance that affects its potential for a discharge as described in § 112.1(b), except: (i) If a Professional Engineer certified a portion of your Plan in accordance with paragraph (b)(4) of this section, and the technical amendment affects this portion of the Plan, you must have the amended provisions of your Plan certified by a Professional Engineer in accordance with paragraph (b)(4)(ii) of this section. (ii) If the change is such that the facility no longer meets the Tier II qualifying criteria in § 112.3(g)(2) because it exceeds 10,000 U.S. gallons in aggregate aboveground storage capacity you must, within six months following the change, prepare and implement a Plan in accordance with the general Plan requirements in § 112.7 and the applicable requirements in subparts B and C of this part, including having the Plan certified by a Professional Engineer as required under § 112.3(d). CORRECTIVE ACTION: Facility must certify or have professional engineer certify the SPCC Plan technical amendments. Provide proof of correction to the EHD. This is a minor violation. FA0009536 PR0540694 SC001 05/15/2024 EHD 28-01 Rev. 12/06/2021 Aboveground Petroleum Storage Act OIRPage 5 of 7 1868 E. Hazelton Avenue | Stockton, California 95205 | T 209 468-3420 | F 209 464-0138 | www.sjgov.org/EHD