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Home My WebLink About040-200-071 CF ArchiveBUTTE COUNTY PUBLIC HEALTH January 20, 2009 Mr. Dan Dubose Tink, Inc. 2361 Durham Dayton Highway Durham, CA 95938 PHYLLIs L. MURDOCK, DIRECTOR MARK A. LUNDBERG, M.D., M.P.H., HEALTH OFFICER WWW. BUTTECOUNTY.NET/ PUBLICHEALTH ENVIRONMENTAL HEALTH DIVISION RE: Hazardous Material Inspection Report - Summary of Violations and Notice to Comply FACILITY: Tink Inc. FACILITY CONTACT:Mr. Dan Dubose INSPECTOR: Leslie Roberts Dear Mr. Dubose: ADDRESS: 2361 Durham Dayton Highway, Durham INSPECTION DATE: January 13, 2009 SWEEPS #: 70771 This report was generated from an inspection made at the facility listed above to ad- dress compliance with the Hazardous Materials Release Response Plan (HMRRP) and Hazardous Waste Generator requirements as specified in Chapters 6.5, 6.67 and 6.95 of the California Health and Safety Code (HSC) and Titles 19 and 22 of the California Code of Regulations (CCR). The following item(s) are "Minor" Violations unless specified as a "Class II" or "Class I" Violations. Items labeled "Note" are not violations and are Included for educa- tional/reference information. s Materials Plan VIOLATION C. Inventory forms are incomplete and/or not current (HSC §25509) Health & Hazardous materials and hazardous wastes above threshold amounts have not been reported. The following hazardous materials met or exceeded reportable quantities and did not have inventory forms submitted: • Waste oil • Waste antifreeze • Waste paint/solvent/thinner TEL- 530.538.7281 1 202 MIRA LOMA DRIVE FAX- 530.538.5339 OROVILLE, CA 95965 OUR MISSION IS TO PROTECT THE PUBLIC THROUGH PROMOTING INDIVIDUAL, COMMUNITY AND ENVIRONMENTAL HEALTH BUTTE COUNTY Letter to .... Tink, Inc. January 20, 2009 Page 2 of 8 PllBt(C. HEATH • Gasoline • Diesel • Kerosene Inventory Forms must be completed for every hazardous substance stored at the facility site that equals or exceeds any of the following quantities: 55 gallons of liquid, 500 pounds of solid, 200 cubic feet of compressed gas at standard temperature and pressure. Fill out and submit hazard- ous materials inventory forms listed above to reflect hazardous materials and storage conditions at the facility site. Please note that all sections/boxes on the forms must be filled out. If a section/box does not per- tain to the hazardous material that you have on site, use "N/A" in that section/box. A separate page shall be filed for each hazardous material including each hazardous waste, which is above reportable quantities on the site for any thirty -day period of the year. Seasonal handling of haz- ardous materials can be explained in the Additional Locally Collected Information section at the bottom of the inventory page. NOTE F. Emergency Resonse/Consolidated Contingency Plan not filed with of- fice/not on-site (HSC §25504 and CCR §2731) An Emergency Response/Consolidated Contingency Plan has not been submitted to this agency. Fill out and submit an Emergency Response/Consolidated Contingency Plan to this agency that includes all of the following components: 1. Immediate notification of: a Local emergency response personnel b State Office of Emergency Services c Persons within the facility designated to respond to an incident 2. Identification of local medical assistance 3. Mitigation, prevention, or abatement of hazards to persons, property, or environment 4. Immediate notification and evacuation of the facility 5. Identification of the areas of the facility and mechanical or other systems that require im- mediate inspection or isolation of their vulnerability to earthquake related ground motion An Emergency Response/Consolidated Contingency Plan was not available on- site at the time of inspection. Keep a copy of your Emergency Response/Consolidated Contingency Plan at the facility site to use in the event of an emergency and employee training. VIOLATION G. Safety equipment (eyewash, safety showers, aprons, goggles, etc.) is present at the facility site. Paint booth eve wash access is blocked by wood and debri Remove wood and debri to facilitate access to the eye wash station Provide adequate safety equipment at the facility site so that staff can control spills/leaks or injuries from hazardous materials. NOTE G. Emergency Response/Consolidated Contingency Plan implemention at site facility (HSC §25504 and CCR §2731) Folder or binder of Material Safety Data Sheets for hazardous materials are pre- sent at the facility site. BUTTE COUNTY Letter to .... Tink, Inc. January 20, 2009 Page 3 of 8 PUBLIC HEALTH Provide current Material Safety Data Sheets for hazardous materials at the facility site for em- ployee reference and training. Materials or equipment for spill clean up are available (absorbents, pads, shovels, etc.) for use at the facility site. Provide the necessary materials and equipment for spill clean up at the facility site. Emergency phone number list is posted or available for use at the facility during a hazardous material or other emergency. Create an emergency phone number list that is available or posted for use during a hazardous material or other emergency. First aid kit or fire extinguishers are marked and available for use. First aid kit is maintained. Fire extinguisher(s) are maintained and inspected. Provide first aid kit(s) and fire extinguisher(s) and maintain them for use at the facility site. Evacuation procedures or maps are posted or available at the facility site. Provide evacuation procedures or evacuation maps accessible or posted at the facility site. NOTE J. Hazardous material handling training program / training program documen- tation (CCR §2732) The HMRRP shall include a traininghandprogram, which is reasonable for the size of business and nature of hazardous materials led. The training program shall take into account the respon- sibilities of the employees to be trained. The training program shall at a minimum include the fol- lowing: • Methods for safe handling of hazardous materials • Procedures for coordination with local emergency response organizations • The use of emergency response equipment and supplies under the control of the handler • All Emergency Response/Consolidated Contingency Plan procedures. The HMRRP shall include provisions for ensuring that appropriate personnel receive initial and refresher training, which would include documentation of training. L. Other violation(s)) Storage area has spills or leaks from containers. Diesel drum leaking from bunge hole. Tightened by owner and leak stopped. This violation was previously noted as Item (9) in the Inspection Report left with you on Tuesday, January 13 h. Diesel in this drum is product not waste. Repair container(s), to stop/prevent spills or leaks. Clean up or excavate to remove spilled or leaked diesel. Hazardous Waste Generator Requirements - Health and Safetv Code Generator Status: Small Quantity Generator (SQG) Definition: A generator of hazardous wastes who, in any calendar month, generates between 100 kilograms (22 pounds or 27 gallons) and 1,000 kilograms (220 pounds or 270 gallons) of hazardous waste in that month. SWBUTTE GDUNTY Letterto....Tink, Inc. January 20, 2009 Page 4 of 8 PU9LlC HEALTH VIOLATION 5. Hazardous waste labeling (CCR §66262.34(f) as referenced by §66262.34(a)(3)) No hazardous waste label on the waste antifreeze drum and on the waste paint drums. The following information must be clearly marked on each container and tank holding a hazardous waste: ❑ The words "HAZARDOUS WASTE". ❑ The accumulation start date for the waste (i.e. the date waste was first placed in the con- tainer). This date must be visible for inspection. Each container and portable tank must additionally be marked with the following: ❑ The composition of the waste; ❑ The physical state of the waste (i.e. solid or liquid); Li The hazardous properties of the waste (i.e. flammable, corrosive, reactive, toxic); ❑ The name of the waste generator; ❑ The address of the waste generator. On waste transfer containers that are emptied daily, the words "EMPTIED DAILY' may be marked in place of the actual date. Note: Additional DOT marking requirements must be met prior to off-site transportation. NOTE 7. Hazardous materials storage (CCR §66261.2(f)) Diesel drum in Flammable(s) Building. Hazardous materials that are packaged in deteriorated or damaged containers must be packaged in sound or undamaged containers within 96 hours or be managed as a hazardous waste. VIOLATION 10. Hazardous waste containers closed (CCR §66265.173(a) as referenced by §66262.34(a)(1)) No cap in bunge hole of each of 2 waste paint drums. Containers must always be closed during transfer and storage, except when it is necessary to add or re- move waste, so that their ability to contain the wastes is not impaired. Containers are considered closed when all lids, gaskets, and locking rings are in place and secured. [Exception: During accumulation, containers holding non -dispersible waste solids (e.g. absorbents, rags, gloves, etc.) contaminated with non-volatile, non-poisonous substances are considered closed when kept covered by a lid.] VIOLATION 15. Used oil and fuel filter Management (CCR §66266.130) Fuel filters are stored in the oil filter drum. Re -label drum per the following re- quirements. Used oil filters and used fuel filters must be managed like other hazardous wastes unless all of the following requirements are met: ❑ The filters must be drained of free-flowing used oil or fuel. If the filter is equipped with a device (such as a rubber flap located just inside the filter opening) that impedes the drainage of oil from the filter, that device must be manipulated to allow the oil to exit the 8UTTf COUNTY MWLetter to .... Tink, Inc. January 20, 2009 Page 5 of 8 �U9CIC Nf_Al TN filter freely, or the filter punctured, crushed, opened, drained, or otherwise handled in a manner that will allow the oil to exit the filter; ❑ The drained filters must be accumulated, stored, and transferred in a rain -proof container that is capable of containing any oil that may separate from the filters. During transfer, containers must be sealed so that when they are laid on their sides, no oil will leak out; ❑ Containers must be labeled as "DRAINED USED OIL FILTERS" (not as hazardous waste) and marked with the initial date of filter accumulation or receipt; ❑ If containers also contain drained fuel filters, the container must be labeled as "DRAINED USED OIL AND FUEL FILTERS"; ❑ Filters in amounts less than one ton must not be accumulated/stored on site longer than one year (180 days for amounts equal to or greater than one ton); ❑ Filters must be transported to a smelter or other scrap metal processor for recycling, or to a storage or consolidation facility that later transfers them to such a recycler. Recordkeeping - Persons generating, transporting, or receiving used oil filters must use a bill of lading to record the transfer of filters. The bills of lading must be kept on the premises of the generator, transporter, and receiving facilities for at least 3 years from the date of shipment. Bills of lading must include: Ll The ggenerator's company name, address, and telephone number; Ll The transporter's company name, address, and telephone number; ❑ The receiving facility's company name, address, and telephone number; ❑ Thequantic and size of each used oil container shipped; ❑ The date of transfer. VIOLATION 18. Container inspections - weekly (CCR §66265.174 as referenced by §66262.34(a)(1)) Hazardous waste containers and storage areas have oil spills, are missing labels and caps. Weekly inspections would have revealed these deficiencies. Generators must inspect areas used for container storage or transfer at least weekly, looking for leaks and for deterioration caused by corrosion or other factors. NOTE 28. Personnel training requirements SQG personnel training (CFR §262.34(d)(5)(iii) as referenced by CCR §66262.34(d)) All employees must be thoroughly familiar with proper waste handling and emergency procedures relevant to their responsibilities during normal facility operations and emergencies. Retention of training records (CCR §66265.16(e) as referenced by §66262.34(a)(4)) Hazardous waste management training records on current personnel must be kept until( closure of the facility. Records on former employees must be kept for at least three years from the date the employee last worked at the facility. NOTE 35. Universal Waste Management (CCR §66273.10 through §66273.21) Improper disposal of universal waste (CCR §66273.11(a)) Disposal of universal waste to the following is prohibited: ❑ A facility that is not permitted by the Department of Toxic Substances Control (DTSC) to accept such a waste; ❑ The trash or dumpster; ❑ The ground; ❑ Any other location that is not authorized to receive such waste. Treatment of universal waste without a permit (CCR §66273.11(b)) Treatment of universal waste without a permit is prohibited. Improper management of universal waste (CCR §66273.13) 8UTTE COUNTY Letter to .... Tink, Inc. January 20, 2009 ---.-...---_-__-I Page 6 of 8 �L/81l0 HEALTH A handler of universal waste shall manage universal waste in a way that prevents releases of any universal waste or component of a universal waste to the environment. A handler of universal waste shall contain any universal waste that shows evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions in a con- tainer. The container shall be closed, structurally sound, compatible with the contents of the uni- versal waste and shall lack evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions. Improper labeling/marking of universal waste (CCR §66273.14) A handler of universal waste shall label or mark the universal waste to identify the type of universal waste as specified below: ❑ Universal waste batteries (i.e., each battery), or a container in which the batteries are contained, shall be labeled or marked clearly with any one of the following phrases: "Universal Waste-- Battery(ies), or "Waste Battery(ies)," or "Used Battery(ies);" ❑ Universal waste thermostats (i.e., each thermostat), or a container in which the thermostats are contained, shall be labeled or marked clearly with any one of the following phrases: "Universal Waste—Mercury Thermostat(s)," or "Waste Mercury Thermostat(s)," or "Used Mercury Thermo- stat(s)". ❑ Each lamp or a container or package in which such lamps are contained shall be labeled or marked clearly with one of the following phrases: "Universal Waste--Lamp(s)," or "Waste Lamp(s)," or "Used Lamp(s)." ❑ Each universal waste electronic device or container or pallet in or on which universal waste elec- tronic devices are contained, including containers or pallets that also contain devices that are not waste, shall be labeled or marked clearly with one of the following phrases: "Universal Waste— Electronic Device(s)" or "UW—Electronic Device(s)." In lieu of labeling individual universal waste electronic devices or containers or pallets, a small quantity handler may accumulate universal waste electronic devices within a designated area demarcated by boundaries that are clearly la- beled with one of the following phrases: "Universal Waste Electronic Device(s)" or "UW Electronic Device(s)." ❑ Universal waste mercury switches and thermometers or a container in which the switches are con- tained, shall be labeled or marked clearly with any one of the following phrases: "Universal Waste—Mercury Switch(es)," or"Waste Mercury Switch(es)," or "Used Mercury Switch(es);" ❑ Dental amalgam. A container in which universal waste dental amalgam is contained shall be la- beled or marked clearly with any one of the following phrases: "Universal Waste—Dental Amal- gam," or "Waste Dental Amalgam" or "Scrap Dental Amalgam;" ❑ A container in which universal waste gauges are contained shall be labeled or marked clearly with any one of the following phrases: "Universal Waste—Gauge(s)," or "Waste Mercury Gauge(s)" or "Used Mercury Gauge(s);" ❑ A container in which mercury drained from one or more universal waste pressure or vacuum gauges is contained shall be labeled or marked clearly with any one of the following phrases, as appropriate: "Universal Waste—Drained Mercury," or "Universal Waste—Mercury from Gauges;" ❑ Universal waste novelties or a container in which the novelties are contained shall be labeled or marked clearly with any one of the following phrases: "Universal Waste—Novelty(ies)," or "Waste Mercury Novelty(ies)" or "Used Mercury Novelty(ies);" ❑ Universal waste counterweights and dampers, a product that contains one or more counterweights and/or dampers, or a container in which the counterweights and/or dampers are contained, shall be labeled or marked clearly with any one of the following phrases, as appropriate: "Universal Waste— 8UrrE COUNTY Letter to .... Tink, Inc. ® January 20, 2009 Page 7 of 8 Counterweight(s)," or "Universal Waste—Damper(s);" "Waste Mercury Counterweight(s)" or "Waste Mercury Damper(s);" "Used Mercury Counterweight(s)," or "Used Mercury Damper(s);" ❑ Universal waste dilators and weighted tubing or a container in which the dilators and weighted tub- ing are contained shall be labeled or marked clearly with any one of the following phrases, as ap- propriate: "Universal Waste—Dilator(s)," "Waste Mercury Dilator(s)" "Used Mercury Dilator(s)," "Universal Waste—Mercury-Weighted Tubing," "Waste Mercury -Weighted Tubing," or "Used Mer- cury -Weighted Tubing." ❑ Universal waste rubber flooring or a container in which the flooring is contained shall be labeled or marked clearly with any one of the following phrases: "Universal Waste—Rubber Flooring," or "Waste Mercury -Containing Flooring" or "Used Mercury -Containing Flooring." ❑ Gas flow regulators. A waste gas meter that contains a mercury gas flow regulator or a container in which a universal waste gas flow regulator is contained shall be labeled or marked clearly with any one of the following phrases: "Universal Waste—Gas Flow Regulator," or "Waste Mercury Gas Flow Regulator" or "Used Mercury Gas Flow Regulator." Universal Waste Accumulation Time (§66273.15) A handler of universal waste may accumulate universal waste for no longer than one year from the date the universal waste is generated. A handler of universal waste who accumulates universal waste shall be able to demonstrate the length of time that the universal waste has been accumulated from the date it becomes a waste. The handler may make this demonstration by the following: ❑ Placing the universal waste in a container and marking or labeling the container with the earliest date that any universal waste in the container became a waste or was received; ❑ Marking or labeling each individual item of universal waste (e.g., each battery or thermostat) with the date it became a waste or was received; ❑ Maintaining an inventory system on-site that identifies the date each universal waste became a waste or was received; ❑ Maintaining an inventory system on-site that identifies the earliest date that any universal waste in a group of universal waste items or a group of containers of universal waste became a waste or was received; ❑ Placing the universal waste in a specific accumulation area and identifying the earliest date that any universal waste in the area became a waste or was received; or ❑ Any other method which clearly demonstrates the length. Tracking Universal Waste Shipments (§66273.19) A handler of universal waste shall keep a record of each shipment of universal waste sent from the handler to other facilities. The record may take the form of a log, invoice, manifest, bill of lading or other shipping document. The record for each shipment of universal waste sent shall include the following information: ❑ The name and address of the universal waste handler, destination facility, or foreign destination to whom the universal waste was sent; ❑ The quantity of each type of universal waste sent (e.g., batteries, thermostats, lamps, mercury switches, etc.); ❑ The date the shipment of universal waste left the facility. BUTTE 000Hrr WlllllllllMff Letter to.... Tink, Inc. January 20, 2009 PILBCIf. HEALTH Page 8 of 8 A handler of universal waste shall retain the records of shipment for at least three years from the date a shipment of universal waste left the facility. A Class 11 Violation is typically a Minor Violation which is a chronic violation or the Minor Violation has not been corrected within the required time frame. A Class I Violation is a violation that represents a threat to human health or safety or to the environment. A Class I I Violation can become a Class I Violation if the violation is chronic or the Class II Violation has not been corrected within the required time frame. Formal enforcement action may be necessary for Class 11 Violations and Is required to be taken for Class I Violations. The above corrections must be completed by February 23, 2009 to bring this facility into compliance. Return enclosed "Certificate of Compliance" by March 2, 2009 to document compliance of hazardous waste violations. Sincerely, Leslie Roberts, Senior REHS/ Hazardous Materials Management Specialist Division of Environmental Health Cc Matt Damon Cal Fire Fire Prevention enclosures TTE COU PUBLIC HEALTH yPHYL.Lls L. MURDOCK, DIRECTOR MARK A. LUNDBERG, M.D., M.P.H., HEALTH OFFICER WWW.BUTTECOUNTY.NET/PUBLICHEALTH ENVIRONMEN?"AL, HEALTH 1�IVISION Hazardous Material Inspection Report Facility Name: 1A.4AFacility I.D.: Facility Address:aMq- Phone Number: Mailing Address: Facility Contact: ilrA-4A ► I . o.-4 _ n.,,,., ,,,, ,�, ... n i ►►� �� t.,.,_ _ _ „ o The following items, if applicable have been inspected. This document constitutes a Summary of Violations and Notice to Comply. . M = Minor Violation; II = Class II Violation; I = Class I Violation; TBD = Violation Class To Be Determined Reference: Titles 19 and 22 of the California Code of Regulations (CCR), Chapters 6.5, 6.67, and 6.95 of the Health and Safety Code (HSC). [ ] Intial JkRoutine [ ] Reinspection [ ] Complaint [ ] Emergency Response [ ] Agency Assist f ] Refer to Other Agency # M II I TBD Glh;nnt L .T TT T A _ _ HMRRP complete, current, and on-site (HSC 25503.5) V •• - 131 141 .�uu�cc� Empty containers (CCR 66261.7) Used oil management (HSC 25250.4) B HMIW reviewed and certified every 3 years (Hsc 251-1) 15 Used oil and fuel filter management (CCR 66266.130) C Inventory forms complete and current (HSC 25509) r16 Used battery management (CCR 66266.81) D Inventory reviewed and certified annually (HSC 25505) 17 Contaminated textile management (HSC 25144.6) E HMRRP amended Win 30 days of changes (HSC25510)' Container inspection -weekly (CCR 66265.17x) F ER/CCP complete, current, and on-site (HSC25504) Tank inspection - daily (ccR 66265.195) G ER/CCP implemented at site (CCR2731) 20 Tank operating requirements (cCR 66265.194) H I isite plan(s) complete, current, and on-site (CCR 2729.2) 21 Hazwaste transported with manifest(CCR66262.20) 1 Regulated substance registration (HSC 25533(8)) 22 Hazardous waste manifest complete (CCR 66262.23(8)) d Training program and documentation (CCR2732) Manifest copies to DTSC (CCR 66262.23(x)(4)) R Property owner notification (HSC 25503.6) 24 1Manifest copies retained for 3 years (CCR 66262.40(x)) Ll Other violation(s)/ Note(s) 25 Consolidated manifest requirements (HSC 25160.2) 1 EPA ID number[ca11 800-618-6942] (ccR6626z.12 sz) 2� Hazardous waste transporter registered (HSC 25163(a)) Haz waste analysis retained for 3 years (CCR 66262.40(c)) 2 Hazardous waste determination (ccR 66262.11) zs Personnel training (CCR 66267.7(a)(6)) 3 Proper disposal of hazardous waste (Hsc zs189.s (8)> 29 Contingency plan (CCR 66265.51) 4 Maintain/operate to prevent release/fire (ccR6626s31) 3o Emergency preparedness/prevention (CCR 66265.30-.37) 5 Hazardous waste labeling (CCR 66262.34(x)) aA41 Reckless mgt, of hazardous waste (HSC 25143.10) 6 Hazardous waste accumulation time (CCR 66262.34(a -d)) 32 False or erroneous information (HSC §25189.5(a)) 7 Hazardous materials storage and labeling (CCR 66261.2(0) 33 Transfer/Treatment/Storage/Disposal Permit (CCR §66270.1) 8 Satellite accumulation (CCR6626234(e)) 34 Aisle space (CCR§66265.35) 9 Containers leaking/not in good condition (CCR66265.171) 35 Universal Waste Management (CCR 66273.10 -.21) 10 E11 12 Hazardous waste containers closed (CCR 6626s.173(a)) Separation of incompatibles (CCR 66265.177) Retrograde/accumulated speculatively (CCR 66262.10) 36 1 37 1 1 Other violation(s)/ Note(s) SPCC Plan Com letioryU date (HSC 25270.3) Program(s) Inspected: M HMRRP JA Haz Waste [ ] Universal Waste [ ] Silver Only Waste [ ] Tiered Permit N AST HW Generator Status: [ ] LQG 0 SQG [ ] CESQG EPA ID #_ CAL'=j.1%S 0 Tiered Permit Type NO VIOLATIONS OBSERVED ON DATE OF INSPECTION. NOTICE TO COMPLY: THE VIOLATIONS) CITED MUST BE CORRECTED BY: RETURN CERTIFICATE OF COMPLIANCE ATTACHED WITH THIS REPORT BY: Attention: Item(s) checked are in violation. A reinspection may occur at anytime to verb compliance. Non-compliance could result in reinspection fees, permit revocation, and/or administrative%ivil/criminal penalties. Any time granted jor correction ojthe violation(s) does not preclude any enforcement action by this Department or other azencies. TEL- 530.538.7281 202 MIRA LOMA ORIVV_ FAX -530.538.5339 OROVILLE, CA 95965 OUR MI SBION IB TO PROTECT THE PUBLIC THROUGH PROMOTING IN OIVI�IJAL. COMMUNITY ANO ENVIRONMENTAL HEALTH T:\HazMat\Forms\CUPA Inspection Report Templates\HMRRP_HW Inspection - 080108 Page _ of B,U7E CO U N 7 PUBLIC HEALTH PHYLLIS L. MURDOCK, DIRECTOR MARK A. LUNDBERG, M.D., M.P.H., HEALTH OFFICER WWW.BUTTECOUNTY.NET/PUBLICHEALTH ENVIRONMENTAL HEALTH EIVISION Hazardous Material Inspection Report 5Q" -1- . Date: �J aspected By- lReceived By• TE[..- 530.538,728 Y 202 MINA LOM.P. DRIVE FAX- 530.538.5339 OROVILLE, CA 05005 UR MISSION IS TO PROTECT THE PUBLIC THROUGH PROMOTING INDI VIO VAL. COMMUNITY ANO EN VIRONMENTA �. HEALTH Page _ of