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Case Details

Status:

COMPLETE

Type:

COMPLAINT (COMMERCIAL)
Address:

Entered Date:

03/24/2010

Applicant:

26 PALMS DELAWARE LLC & SIERRA INDUSTRIAL

Description:

Complaint: Oil spill in alley North of Auto Zone. LD22 responding.

Completed Inspections

Case Status: COMPLETE
Case Number: T10FR00657
Case Description: COMPLAINT (COMMERCIAL)
Total Completed Inspections - 2
End Date Description Inspector Results Comments
03/24/2010 COMPL - INITIAL INSPECTION dgreenl1 Approved -- Call # 17400, Wed 3/24/10, 1052, LD22, additional units: EN7, EC1, HZ1, MA23. Auto Zone, 2419 S. Kolb, 751-9660, James Moritz, Manager. Mr. Moritz told me that while he was preparing to open for the day at 0700, he noticed 3 containers - (2) 5-gallon pails (without lids) and (1) 5-10 gallon fuel can in the alley north of his business. He assumed that they were filled with used oil left there for recycling during non-business hours, as is common practice. He continued his rounds and did not bring the containers in at that time. At 1052 Mr. Brian Buesteton, 954-2956 observed oil running down the alley and into the street. He entered the Car Wash at 2411 S. Kolb and told the manager, Tony, who called 911. Mr. Moritz applied litter to try to dike the spill and noticed that the fuel can was no longer with the pails. He brought the 5-gal pails in to recycle the remaining oil. He suspects that the contents of the fuel can were poured out so that the can could be stolen. LD22 applied dry-zorb, stopped the progression of the spill and began to clean it up. EN7 and EC 1 were added to the call for additional dry-zorb and personnel. HZ1 was added to deliver (2) 55-gal drums for transport. MA23 was added to the call to investigate and determine the need for additional action. TDOT Inspector Chris McNellis was called in because some of the spilled oil had run into a storm drain in front of the car wash. He applied Microblaze to the remainder of the oil in the drain. MA26 has since picked up the barrels and delivered them to our haz-waste yard for disposal. While there is no proof that the neither property owner nor occupant caused the spill, it might be argued that they bear some responsibility as the materials are brought there, and left for them as a common practice. No action was taken at this point.
03/24/2010 VIOL - HAZARDOUS MATERIALS,GEN dgreenl1 Approved TFC 2703.3.1.4 - Responsibility for cleanup. The person, firm or corporation responsible for an unauthorized discharge shall institute and complete all actions necessary to remedy the effects of such unauthorized discharge, whether sudden or gradual, at no cost to the jurisdiction. When deemed necessary by the fire code official, cleanup may be initiated by the fire department or by an authorized individual or firm. Costs associated with such cleanup shall be borne by the owner, operator or other person responsible for the unauthorized discharge.