CONTRACT 5716 Other CLOSEDAgreement No. 5716
CONSENT ORDER
In the Matter of: AIR LIQUIDA
AIR LIQUIDS
LARGE INDUSTRIES US, L.P.
214 Main St., PMB #286
El Segundo, CA 90245
Health and Safety Code
Section 25404.1.1, 25510
The City of El Segundo Fire Department (Agency) and Air
Liquide Large Industries US, L.P.(Respondent) enter into this
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Consent Order and agree as follows:
1. Respondent uses, handles or stores hazardous materials
at or above reportable quantities at 1310 E. El Segundo Blvd, El
2. The Agency inspected the Site on December 19, 2018
3. The Agency alleges the following violations:
Respondent violated California Health and Safety Code,
Section 25510 in that on December 11, 2018, respondent failed to
immediately report an unauthorized release of flammable Hydrogen
Gas mixture to the Unified Program Agency (UPA), in accordance
with the regulations adopted pursuant to this section.
Agreement No. 5716
4. A dispute exists between agency and respondent
regarding the existence of the alleged violations.
5. The parties wish to avoid the expense of litigation
6. Jurisdiction exists pursuant to Health and Safety Code
(HSC) section 25404.1.1.
7. Respondent waives any right to a hearing in this
matter.
8. This Consent Order shall constitute full settlement of
the violations alleged above, but does not limit the Agency from
taking appropriate enforcement action concerning other
unrelated, alleged violations in the future.
9. Respondent shall comply with the following:
9.1. Within 30 days of the date of this order, prepare
;?nd submit a valid and updated Hazardous Materials Business
Emergency Plan to the Agency through the CaliforniM
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the required information including notification procedures and
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9.2. Within 90 days of the effective date of this
*rder, respondent must provide proof of completion of HazardouZ
Agreement No. 5716
for all employees with emergency reporting duties or
responsibilities.
9.3. Submittals: All submittals from Respondent
pursuant to this Consent Order shall be sent simultaneously to:
Victor Morales, Environmental Safety Manager
El Segundo Fire Department
314 Main Street
El Segundo, CA 90245
9.4. Communications: All approvals and decisions of
the Agency made regarding such submittals and notifications
shall be communicated to Respondent in writing by the Fire
Chief, El Segundo Fire Department, or his designee. No informal
advice, guidance, suggestions, or comments by the Agency
regarding reports, plans, specifications, schedules, or any
other writings by Respondent shall be construed to relieve
Respondent of its obligation to obtain such formal approvals al
9.5. Agency Review and Approval: If the Agency
determines that any report, plan, schedule, or other documerfl
submitted for approval pursuant to this Consent Order fails tm
comply with the Order or fails to protect public health or
safety or the environment, the Agency may return the document to
Respondent with recommended changes and a date by which
Respondent must submit to the Agency a revised document
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Agreement No. 5716
9.6.Compliance with Applicable Laws: Respondent
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shall carry out this Order in compliance with all local, State,
and federal requirements, including but not limited to
requirements to obtain permits and to assure worker safety.
9.7. Endangerment during Implementation: In the event
that the Agency determines that any circumstances or activity
(whether or not pursued in compliance with this Consent Order)
are creating an imminent or substantial endangerment to the
health or welfare of people on the site or in the surrounding
area or to the environment, the Agency may order Respondent t!—,"*
stop further implementation for such period of time as needed to
i.bate the endangerment. Any deadline in this Consent Order
directly affected by a Stop Work Order under this section shall
be extended for the term of such Stop Work Order.
9.8. Liability: Nothing in this Consent Order shall
constitute or be construed as a satisfaction or release from
liability for any conditions or claims arising as a result of
[�ast, current, or future operations of Respondent, except as
provided in this Consent Order. Notwithstanding compliance with
the terms of this Consent Order, Respondent may be required to
take further actions as are necessary to protect public health
or welfare or the environment. Nothing in this consent order
shall be construed as an admission by respondent that it has
violated any state or local laws.
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Agreement No. 5716
Nothing in this Consent Order is intended to limit in any way
the right of entry or inspection that any agency may otherwise
have by operation of any law.
9.10. Sampling, Data, and Document Availability-=
Respondent shall maintain a central depository of the data,
reports, and other documents prepared pursuant to this Consent
Order. If the Agency requests that some or all of these
•• •- preserved • a longer period • time than
Respondent's normal file retention policy, Respondent shall
either comply with that request, deliver the documents to the
Agency, or permit the Agency to copy the documents prior to
destruction.
9.11. Government Liabilities: The City of El
Segundo and its Fire Department shall not be liable for injuries
or damages to persons or property
• from acts or
omissions by Respondent or related parties specified in
Consent Order, nor shall the City of El Segundo and its Fire
Department be held as a party to any contract entered into by
[1kespondent • its agents in carrying • activities • t::
this Consent Order.
9.12. Incorporation of Plans and Reports: All
plans, schedules, and reports that require Agency approval and
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are submitted by Respondent pursuant to this Consent Order arm
incorporated in this Consent Order upon approval by the Agency.
9.13. ExtensionRequests: If Respondent is unable
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to perform any activity or submit any document within the time
required under this Consent Order, the Respondent may, prior to
expiration of the time, request an extension of time in writing.
The extension request shall include a justification for the
9.14. Extension Approvals: If the Agency
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determines that good cause exists for an extension, it will
grant the request and specify in writing a new compliance
10. Within 30 days of the effective date of this Consent
Order, Respondent shall pay the Agency a total of $14,280.00 -
Respondent's check shall be made payable to The City of El
Segundo, and shall be delivered together with the attached
City of El Segundo Fire Department
314 Main Street
El Segundo, CA 90245
A photocopy of the check shall be sent to:
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Agreement No. 5716
City of El Segundo Fire Department
314 Main Street
El Segundo, CA 90245
If Respondent fails to make payment as provided above,
Respondent agrees to pay interest at the rate established
pursuant to HSC §25360.1 and to pay all costs incurred by the
Agency in pursuing collection including attorney's fees.
11.1 Additional Enforcement Actions: By agreeing to this
Consent Order, the Agency does not waive the right to take
further enforcement actions, except to the extent provided in
this Consent Order.
11.2 Penalties forNoncompliance: Failure to comply with
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the terms of this Consent Order may subject Respondent to civil
penalties to the extent provided by law for any costs incurred
by the Agency or other government agencies as a result of such
failure, as provided by HSC section 25404.1.1 and other
applicable provisions of law,
11.3 Parties Bound: This Consent Order shall apply to and
be binding upon Respondent and its officers, directors, agents,
receivers, trustees, employees, contractors, consultants,
successors, and assignees, including but not limited to
individuals, partners, and subsidiary and parent corporations,
and upon the Agency and any successor agency that may have
Agreement No. 5716
responsibility for and jurisdiction over the subject matter of
this Consent Order.
11.4 Effective Date: The effective date of this Consent
Order is the date it is signed by the Agency.
11.5 Integratio11 11.1111,n: This agreement constitutes the entire
agreement between the parties and may not be amended,
supplemented, or modified, except as provided in this agreement.
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Dated:
aol C'
Tracy Sit -—.�.._.......__...........................................................
h,
Interim Facility Manager
Air L, quide, LLC
Dated: TWE 'L01 1 .
G
p N.rater,.. City Manager
C .', of El Segundo CUPA
Attest:
G;Vrf,Trer:y, City Clerk
Approved as to Form:
Mark .D.........Hens l.i............._
ey 7ity Attorney
1161388.01/LA
116014-00025/4-24-19/jja/jja " 8"'