2 DENNIS BECK, JR.

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Electronically FILED by Superior Court of California, County of Los Angeles on 07/15/2021 03:10 PM Sherri R. Carter, Executive Officer/Clerk of Court, by N. Rose,Deputy Clerk

21 STCP02296

RoBBONTA Attorney General ofCalifornia DENNIS L. BECK, JR. Supervising Deputy Attorney General ROXANNE J. CARTER Deputy Attorney General State Bar No. 259441

600 West Broadway, Suite 1800 San Diego, CA 92101 Telephone: (619) 738-9416 Fax: (619) 645-2271 E-mail: [email protected]

Attorneys for Plaintiff, the People ofthe State of Exempt from Filing Fees Pursuant to California ex rel. Meredith Williams, Director ofthe Gov. Code§ 6103 California Department ofToxic Substances Control

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF LOS ANGELES

PEOPLE OF THE ST A TE OF CALIFORNIA, ex rel. Meredith Williams, Director of the California Department of Toxic Substances Control,

Plaintiff,

V.

ARSEN HOVHANNISYAN, individually and doing business as Len Liz Express; and Len Liz Express Inc.

Defendant.

Case No. 21 STCP02296

APPLICATION FOR JUDGMENT TO COLLECT ADMINISTRATIVE PENALTIES

[Filed concurrently with Exhibits, Declaration of Jessica Rodriguez, and Proposed Judgment]

(Health & Saf. Code§ 25184.1)

TO THE CLERK OF THE COURT:

Pursuant to Health and Safety Code section 25184 .1, Plaintiff, the People of the State of

California, ex rel. Meredith Williams, Director of the California Department of Toxic Substances

Control ("Department") hereby applies to the Clerk of this Court for a judgment against

Defendant, Mr. Arsen Hovannisyan, individually and doing business as Len Liz Express; and Len

Liz Express Inc. ("Mr. Hovannisyan" or "Defendant"), to collect administrative penalties in the

amount of $132,580.00. Attached as Exhibit A is a certified copy of the Department' s

APPLICATION FOR JUDGMENT TO COLLECT ADMINISTRATIVE PENAL TIES

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Enforcement Order, Docket HWCA 2018-7460 ("Enforcement Order"). Attached as Exhibit Bis

a certified copy ofthe Notice ofFinal Order ("Notice ofFinal Order.") Together, the

Enforcement Order and Notice of Final Order constitute a final administrative order imposing

these penalties on Mr. Hovannisyan.

I. THE CLERK SHALL ISSUE JUDGMENT WHERE THERE IS A FINAL ADMINISTRATIVE ORDER

Pursuant to Health and Safety Code section 25184.1, the Department "may apply to the

clerk ofan appropriate court for a judgment to collect the administrative penalty" imposed by an

administrative order or decision issued under Chapters 6.5 or 6.8 ofthe Health and Safety Code.

The only prerequisites for obtaining such a judgment are that: (1) "the administrative order or

decision has become final" and, if applicable, (2) "a petition for judicial review of the final order

or decision has not been filed within the time limits prescribed in Section 11523 of the

Government Code." (Ibid.) When these conditions are met, "the department's application, which

shall include a certified copy of the ... final administrative order or decision, constitutes a

sufficient showing to warrant issuance of the judgment." (Ibid.) Section 25184.1 also provides

that "[t]he court clerk shall enter the judgment immediately in conformity with the application."

II. THE ENFORCEMENT ORDER IS A FINAL ADMINISTRATIVE ORDER

On October 30, 2018, the Department issued the Enforcement Order assessing $132,580.00

in administrative penalties against Mr. Hovhannisyan, under Health and Safety Code section

25187, which is part ofChapter 6.5 of the Health and Safety Code. (Ex. A; Health & Saf. Code,

§ 25187.) Pursuant to Health and Safety Code section 25187, subdivision (d), an administrative

order issued by the Department becomes final unless a written notice ofdefense is filed with the

Department within 15 days after service of the order. The Department served the Enforcement

Order on May 22, 2019 and Mr. Hovhannisyan failed to submit a notice of defense requesting a

hearing. (Declaration of Jessica Rodriguez ("Rodriguez Deel."), ,r,r 2, 3.) On February 12, 2020,

the Department issued a Notice ofFinal Order stating that the Enforcement Order was final.

(Rodriguez Deel., ,r 5; Ex. B.) Mr. Hovhannisyan did not seek judicial review of the Enforcement

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APPLICATION FOR JUDGMENT TO COLLECT ADMINISTRATIVE PENAL TIES

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Order under Government Code section 11523. (Rodriguez Deel., ,i 4.) Thus, the Enforcement

Order is a final administrative order. (Gov. Code,§ 11523; see also Gov. Code,§ 11521.)

Therefore, the prerequisites for issuance of a judgment under Health and Safety Code section

25184.1 have been met.

This Court is the "appropriate court" for this application, because the penalties assessed in

the Enforcement Order arise from violations occurring at a hazardous waste transporter located in

Paramount, California. (Ex. A; Health & Saf. Code,§ 25184.1.)

III. CONCLUSION

Based on the above, the Department respectfully requests that the Clerk ofthis Court enter

judgment against Mr. Hovhannisyan, as an individual and doing business as Len Liz Express, and

Len Liz Express, Inc., a corporation, in the amount of $132,580.00 in administrative penalties to

be collected by the Department. The Department is submitting a proposed judgment concurrently

with this application.

Dated: 12 July 2021 Respectfully Submitted,

ROBBONTA Attorney General ofCalifornia DENNIS L. BECK, JR. Supervising Deputy Attorney General

ls/Roxanne J. Carter ROXANNE}. CARTER Deputy Attorney General Attorneys for the People ofthe State of California ex rel. Meredith Williams, Director ofthe Department ofToxic Substances Control

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APPLICATION FOR JUDGMENT TO COLLECT ADMINISTRATIVE PENALTIES

EXHIBIT A

Jared Blumenfeld Secretary for

Environmental Protection

Department of Toxic Substances Control

Meredith Williams, Ph.D.-, Director 9211 Oakdale Ave.

Chatsworth, CA 91311

CERTIFICATION OF OFFICIAL WRITING Evidence Code Section 1530

I, the undersigned, hereby certify that:

Gavin Newsom Governor

1; The attached Enforcement Order (Docket HWCA 2018-7460) and Proof of Service (dated May 29, 2019) are true and correct copies of the writings in the custody of the Department of Toxic Substances Control.

2. A copy of the original writings, is located at:

Department of Toxic Substances Control Enforcement and Emergency Response Division, Chatsworth Branch 9211 Oakdale Avenue Chatsworth, CA 91311

3. I am a public employee with legal custody of the above described writings and am authorized to execute this certification in accordance with Evidence Code Section 1530.

4. My business address and telephone number are as follows:

Department of Toxic Substances Control Enforcement and Emergency Response Division, Chatsworth Branch 9211 Oakdale Avenue Chatsworth, CA 91311 Telephone (818) 717-6654

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at Chatsworth, California, on July 12, 2021.

NancyCai«er Senior Environmental Scientist Supervisor Enforcement and Emergency Response Division, Chatsworth Branch Department of Toxic Substances Control

® Printed on Recycled Paper

ORIGINAL SIGNED

STATE OF' CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY

DEPARTMENT OF TOXIC SUBSTANCES CONTROL

In the Matter of: Docket HWCA 201 ~7460

Mr. Arsen Hovhannis.yan, owner 421 Ivy Street, Suite 4 Glendale, CA 91204

Len Liz Express 421 Ivy Street, Suite 4 Glendale, CA 91204

Len Liz.Express, Inc. 421 Ivy Street, Suite 4 Glendale, CA 91204

ID No. CAL 000 383 548

Respondents.

ENFORCEMENT ORDER

Health and Safety Code Section 25187

INTRODUCTION

1.1. Parties: The State Department of Toxic Substances Controi

(Department) is.sues this Enforcement Order {Order) to Mr. Arsen Hovhannisyan

(Hovhannisyan). Len Liz Express (Len Liz) and Len Liz Express, Inc. (Len Liz, Inc;)

(collectively Respondent$). Prior to Ji:1nuary, 19i 2018., when Len Liz, lnc.r •incorporated,

Hovhannisvan did busine.ss as Len Liz, which was an unincorporated entity. Len Liz,

lnc. i$ the successor to Len Liz.

1.2. Site: Respondents transported hc1z:ardous waste a.t the following sJte: 7330

Adams -Street, Paramount, carrfomia 90723.

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1.:3. Authorization status: The Department had authorized Respondents to

manage hazardous waste by Hazardous Waste Transporter Registration # 6184,

expired on May 31, 2014. Respondents do not currently hold a Hazardous Waste

Hauler Registration from the Department.

1.4. Jurisdiction.' Section 25187 of the Health and Safety Code authorizes the

Department to order action necessary to correct violations and assess a penalty when

the Department determines that any person has violated specified provisions of the

Health and Safety Code or any permit, rule, regulation, standard, or requirement issued

or adopted pursuant thereto.

DETERMINATION OF VIOLATIONS

2.1. The Department has determined that: Respondents violated California

Health and Safety Code, section 25163, subdivision (a)(1) and (2), in that, between May

31, 2014 and October 31, 2014, Respondents transported hazardous waste without

holding a valid hauler registration issued by the Department.

2.2. Respondents violated California Health and Safety Code, section 25165,

subdivision (a), in that, between May 31, 2014 and October 31, 2014, Respondents

failed to notify the Department of that Respondents intended to use consolidated

manifesting procedure.

2.3. Respondents violated California Health and Safety Code, Section 25160,

subdivision (d) as modified by Health and Safety Code, section 25160.2, subdivisions

(a) and (b)(1) (2) and (3), in that, between May 8, 2013 and October 31, 2014,

Respondents transported used oil but failed to either have manifests from each

generator of used oil or to have a correctly completed consolidated manifest for each

shipment. In addition, Respondents failed to terminate the manifests daily and in at least

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in one instance in 2013, Respondent failed to leave/provide AK Tires in Redlands,

California, a receipt for acceptance of AK tires used oil.

2.4. Respondents violated California Health and Safety Code 25250.29,

subdivision (a), in that, ever since starting the hazardous waste transportation

operation in May 8, 2013, Respondents shipped the used oil collected from

generators in California to a facility out of state without testing/analyzing each

shipment through an accredited laboratory to ensure that the used oil meets all of

the following characteristics: I) A flash point above 100 degrees Fahrenheit, 2) A

polychlorinated biphenyls (PCB) concentration of less than 5 ppm, and 3) a

concentration of total halogens of 1000 ppm or less.

2.5. Respondents violated California Health and Safety Code 25250.29,

subdivision (f) in that on or before March 1, 2014, Respondents failed to submit to the

rDepartment a report which-contains the following information: 1) The total volume of

used oil that Respondents shipped out of state and 2) Information pertaining to the out

of-state facility(ies) to which the used oil was shipped, including the facility name,

address and EPA ID number.

2.6. Respondents violated California Health and Safety Code, section 25250.9,

in that, between May 8, 2013 and October 31, 2014, Respondents failed to

provide/obtain a sign·ed written notification from each generator regarding the

disposition of used oil in the form as described in California Health and Safety Code,

section 25250.9.

2.7. Respondents violated California Health and Safety Code, section 25160 as

modified by California Health and Safety Code, section 25160.2, subdivisions (b)(4)(C)

and (H), in that, between May 8, 2013 and October 31, 2014, Respondents failed to

include on each receipt Respondents provided to the generators from whom

Respondents collected used oil a statement to be signed by generator, certifying that

the generator has established a program to reduce the volume or the toxicity of the

hazardous waste to the degree, as determined by the generator, to be economically

practicable. In addition, ever since starting the hazardous waste transportation

operation in May 8, 2013, Respondents failed to include the manifest number on each

receipt provided to the generators of the hazardous waste.

2.8. Respondents violated California Health and Safety Code, section 25189,

subdivision (a), in that, between May 8, 2013 and October 31, 2014, Respondents

made a false representation of certain records. Specifically, the generators' receipts that

Respondents used during consolidated manifesting procedure and provided to the

generators stated that the generators' used oil would be shipped to Veolia facility in

Azusa, California; however, all used oil was shipped to a facility out of state (Sako Oil

Recycling in Albuquerque, New Mexico). In addition, Respondents used one manifest

number on all receipts left with generators.

2.9. Respondents violated California Health and Safety Code, section

25250.10, in that, between 2013 and 2016, Respondents failed to report to the

Department, on or before March 1 of each year (or on a quarterly basis in lieu of

annual reporting), the following information on a form provided by the

Department: the shipping descriptions of used oil transported during the

preceding calendar year, and the volume of each type of used oil transported

identified by shipping description and the facilities to which the used oil was

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transported. The receiving facilities must be identified by name, address,

telephone number, and Environmental Protection Agency identification number.

2'.10. Respondents violated California Code of Regulations title 22,

Section 66263.20, subdivision (f), in that, between May 8, 2013 and October 31,

2014, Respondents failed to submit to the Department legible copies of the

manifests for each load of used oil transported out of state within 15 days of the

date that the loads were accepted by the recycling facility.


25250.13, in that, Respondents stored used oil in a tanker truck for longer than 24 hours

without first installing a secondary containment for the used oil tanker truck.


25160.2, subdivision (d), in that, between May 8, 2013 and October 31, 2014

Respondents failed to submit quarterly reports to the Department 30 days after the end of

each quarter in an electronic format provided by the Department.

SCHEDULE FOR COMPLIANCE

3. Based on the foregoing Determination of Violation, IT IS HEREBY ORDERED

THAT before resuming the transportation of used oil, Respondents shall comply with all

of the following requirements as applicable:

3.1. the requirements of California Health and Safety Code, sectio_n 25163,

subdivision (a)(1) and (2).

3.2. the requirements of California Health and Safety Code, section 25165,

subdivision (a).

3.3. the requirements of California Health and Safety Code, Section 25160,

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(a) and (b)(1) (2) and (3).

3.4. the requirements of California Health and Safety Code 25250.29, subdivision

(a).

3.5. the requirements of California Health and Safety Code 25250.29,

subdivision (f).

3.6. the requirements of California Health and Safety Code, section 25250.9.

3.7. the requirements of California He_alth and Safety Code, section 25160 as


and (H).


subdivision (a).

3.9. the requirements of California Health and Safety Cotje, section 25250.10.

3.10. the requirements of California Code of Regulations title 22, Section ·

66263.20, subdivision (f).

3.11. the requirements of California Health and Safety Code, section 25250.13.

3.12. the requirements of California Health and Safety Code, section 25160.2,

subdivision (d).

3.4. Submittals. All submittals from Respondents pursuant to this Order shall be

sent simultaneously to:

David Stuck, Unit Chief Enforcement and Emergency Response Program Department of Toxic Substances Control 9211 Oakdale Avenue Chatsworth, California 91311

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Jay Cross, Staff Counsel Office of Legal Counsel Department of Toxic Substances Control 1001 I Street, MS 23A P. 0. Box 806 Sacramento, California 95812-0806

3.5. Communications. All approvals and decisions of the Department made

regarding submittals and notifications will be communicated to Respondents in writing

by the Branch Chief, Department of Toxic Substances Control, or his/her designee. No

informal advice, guidance, suggestions, or comments by the Department regarding

reports, plans, specifications, schedules, or any other writings by Respondents shall be

construed to relieve Respondents of the obligation to obtain such formal approvals as

may be required.

3.6. Department Review and Approval. If the Department determines that any

report, plan, schedule, or other document submitted for approval pursuant to this Order

fails to comply with the Order or fails to protect public health or safety or the

environment, the Department may:

a. Modify the document as deemed necessary and approve the document

as modified, or

b. Return the document to Respondents with recommended changes and

a date by which Respondents must submit to the Department a revised document

incorporating the recommended changes.

3.7. Compliance with Applicable Laws: Respondents 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.

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3.8. Endangerment during Implementation: In the event that the Department

determines that any circumstances or activity (whether or not pursued in compliance

with this 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

Department may order Respondents to stop further implementation of this Order for

such period of time as needed to abate the endangerment. Any deadline in this Order

directly affected by a Stop Work Order under this section shall be extended for the term

of the Stop Work Order.

3.-9. Liability: Nothing in this Order shall constitute or be construed as a

satisfaction or release from liability for any conditions or claims arising as a result of

past, current, or future operations of Respondents. Notwithstanding compliance with the

terms of this Order, Respondents may be required to take further actions as are

necessary to protect public health or welfare or the environment.

3.10. Site Access: Access to the site shall be provided at all reasonable times to

employees, contractors, and consultants of the Department, and any agency having

jurisdiction. Nothing in this 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. The

Department and its authorized representatives shall have the authority to enter and

move freely about all property at the Site at all reasonable times for purposes including

but not limited to: inspecting records, operating logs, and contracts relating to the Site;

reviewing the progress of Respondents in carrying out the terms of this Order; and

conducting such tests as the Department may deem necessary. Respondents shall

permit such persons to inspect and copy all records, documents, and other writings,

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including all sampling and monitoring data, in any way pertaining to work undertaken

pursuant to this Order.

3.11. Data and Document Availability. Respondents shall permit the Department

and its authorized representatives to inspect and copy all sampling, testing, monitoring,

and other data generated by Respondents or on Respondents' behalf in any way

pertaining to work undertaken pursuant to this Order. Respondents shall allow the

Department and its authorized representatives to take duplicates of any samples

collected by Respondent pursuant to this Order. Respondents shall maintain a central

depository of the data, reports, and other documents prepared pursuant to this Order.

All such data, reports, and other documents shall be preserved by Respondents for a

minimum of six years after the conclusion of all activities under this Order. If the

Department requests that some or all of these documents be preserved for a longer

perio~ of time, Respondents shall comply with that request, deliver the documents to

the Department, or permit the Department to copy the documents prior to destruction.

Respondents shall notify the Department in writing at least six months prior to

destroying any documents prepared pursuant to this Order.

3.12. Government Liabilities: The State of California shall not be liable for

injuries or damages to persons or property resulting from acts or omissions by

Respondents or related parties in carrying out activities pursuant to this Order, nor shall

the State of California be held as a party to any contract entered into by Respondents or

its agents in carrying out activities pursuant to the Order.

3.13. Incorporation of Plans and Reports. All plans, schedules, and reports that

require Department approval and are submitted by Respondents pursuant to this Order

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are incorporated in this Order upon approval by the Department.

3.14. Extension Request: If Respondents are unable to perform any activity or

submit any document within the time required under this Order, Respondents may, prior

to expiration of the time, request an extension of time in writing. The extension request

shall include a justification for the delay.

3.15. Extension Approvals: If the Department determines that good cause exists

for an extension, it will grant the request and specify in writing a new compliance

schedule.

OTHER PROVISIONS

4.1. Additional Enforcement Actions: By issuance of this Order, the Department

does not waive the right to take further enforcement actions.

4.2. Penalties for Noncompliance: Failure to comply with the terms of this Order

may also subject Resp.ondents to costs, penalties, and/or punitive damages for any

costs incurred by the Department or other government agencies as a result of such a

failure, as provided by Health and Safety Code section 25188 and other applicable

provisions of law.

4.3. Parties Bound: This Order shall apply to and be binding upon Respondents,

and its officers, directors, agents, employees, contractors, consultants, receivers,

trustees, successors, and assignees, including but not limited to individuals, partners,

and subsidiary and parent corporations.

4.4. Time Periods. "Days" for purposes of this Order means calendar days.

PENALTY

5. Based on the foregoing DETERMINATION OF VIOLATIONS, the Department

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sets the amount of Respondents' penalty at ONE HUNDRED THIRTY-lWO

THOUSAND, FIVE HUNDRED, EIGHTY DOLLARS ($132,580.00). Payment is due

within 30 days from the effective date of the Order. Respondents' check shall be made

payable to the Department of Toxic Substances Control, and shall identify the

Respondents and Docket Number, as shown in the heading of this case. Respondents

shall deliver the penalty payment to:

Department of Toxic Substances Control Accounting Office 1001 I Street, 21st floor ·p. 0. Box 806 Sacramento, California 95812-0806

A photocopy of the check shall be sent to:

David Stuck Department of Toxic Substances Control 9211 Oakdale Avenue Chatsworth, California 91311

RIGHT TO A HEARING

6. Respondents may request a hearing to challenge the Order. Appeal

procedures are described in the attached Statement to Respondents.

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EFFECTIVE DATE

7. This Order is final and effective twenty days from the date of mailing, which is

the date of the cover letter transmitting the Order to Respondent, unless Respondents

requests a hearing within the twenty-day period.

Date of Issuance l1 C, +-, ~. a \ 't,, b l ~

Robert Kou, Branch Chief Enforcement and Emergency Response Division Department of Toxic Substances Control Chatsworth Office

ORIGINAL SIGNED

DEPARTMENT OF TOXIC SUBSTANCES CONTROL (818) 717-6652 Barbara A. Lee, Director David Stuck, Senior Enviromental Scientist (Supervisory) 9211 Oakdale Avenue Chatsworth, California 93113 ATTORNEY FOR (Name):

STATE OF CALIFORNIA ENVIRONMENT AL PROTECTION AGENCY

DEPARTMENT OF TOXIC SUBSTANCES CONTROL In the Matter of:

MR. ARSEN HOVHANNISYAN AGENT FOR SERVICE OF PROCESS LEN LIZ EXPRESS, INC. 421 IVY STREET, SUITE 4, GLENDALE, CA 91204 ID NO. CAL 000 383 548 Respondents.

I HEARING DATE: I TIME: I DEPT/DIV.: DOCKET HWCA:

PROOF OF SERVICE 2018-7460

1. At the time of service I was at least 18 years of age and not a party to this action, and I served copies of the (specify document(s):

2.

3.

NOTICE OF DEFENSE HEALTH AND SAFETY CODE SECTION 25187(d); STATEMENT TO RESPONDENTS; ENFORCEMENT ORDER; LETTER ADDRESSED TO MR. ARSEN HOVHANNISY AN, dated JANUARY 9, 2019

a. Party served: Len Liz Express, Inc. c/o Arsen Hovhannisyan

b. Person served: Anna Hovhannisyan, Wife, authorized person to accept service of process

c. Address: 421 Ivy Street, Suite 4

Glendale, California 91204

I served the party in item 2 a. by personally delivering the copies

b. by mailing the copies of the docwnents (by first class mail, postage prepaid) to the party to be served at the place where the copies were left.

(1) on (date): 05/22/2019 (2) at (time): 03:40 p.m.

{l) on (date): 05/23/2019 (2) from (location): Los Angeles, California

4. Person serving (name, address, and telephone No.):

Arturo Ramirez Ace Attorney Service, Inc. 811 Wilshire Boulevard, Suite 900 Los Angeles, California 90017 (213) 623-3979

f. Fee for service: $

a. Not a Registered California process server. (1) Employee or independent contractor. (2) Registration No.: N/A (3) County: N/A

5. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date: May 29, 2019

(signature)

PROOF OF SERVICE

#1717204S/

ORIGINAL SIGNED

EXHIBITB

e Jared Blumenfeld

Secretary for Environmental Protection


Meredith Williams, Ph.D., Director 9211 Oakdale Ave.

Chatsworth, CA 91311

CERTIFICATION OF OFFICIAL WRITING Evidence Code Section 1530

I, the undersigned, hereby certify that:


1. The attached Notice of Final order (Docket HWCA 2018-7460, dated February 12, 2020) and Certified Mailing Return Receipt (dated February 27, 2020) are true and correct copies of the writings in the custody of the Department of Toxic Substances Control.

2. A copy of the original writings, is located at:

Department of Toxic Substances Control Enforcement and Emergency Response Division, Chatsworth Branch 9211 Oakdale Avenue · Chatsworth, CA 91311

3. I am a public employee with legal custody of the above described writings and am authorized to execute this certification in accordance with Evidence Code Section 1530.

4. My business address and.telephone number are as follows:

Department of Toxic Substances Control Enforcement and Emergency Response Division, Chatsworth Branch 9211 Oakdale Avenue Chatsworth, CA 91311" Telephone (818) 717-6654

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at Chatsworth, California, on July 12, 2021.

Nancy Cafder Senior Environmental Scientist Supervisor Enforcement and Emergency Response Division, Chatsworth Branch Department of Toxic Substances Control

$ Printed on Recycled Paper

ORIGINAL SIGNED


Jared Blumenfeld Secretary for

Environmental Protection

Meredith Williams, Ph.D. Acting Director 1001 "I" Street


P.O. Box806 Sacramento, California 95812~0806

February 12, 2020

. Mr. Arsen Hovhannisyan Owner 421 Ivy Street, Suite 4 Glendale, California 91204

. Len Liz Express, Inc. 421 Ivy Street, Suite 4

· Glendale, California 91204

Len Liz Express 421 Ivy Street, Suite 4 Glendale, California 91204

SUBJECT: EN-FORCEMENT ORDER HWCA 2018-7460

Dear Mr. Hovhannisyan:

bn May 22, 2019, the Department of Toxic Substances Control (DTSC), through a process server, hand-delivered to your wife, Anna Hovhannisyan, the attached Enforcement Order issued on October 30, 2018. Included with the Enforcemer,t order was a Notice of Defense document and cover letter which clearly outlined your rights to a hearing in this matter. Since the 20 days has passed for you to request a hearing, and DTSC has not received any correspondence.from you, you have waived your right-to a hearing and the Enforcement Order hand-delivered to you on May 22, 2019, is now final. Attached is the Notice of Final Order, dated February 12, 2020.

The full penalty payment of $132,580.00 is due to DTSG within 30 days of this notice. DTSC reserves the right to pursue further legal action, including a referral to the Attorney General's (AG's) office to collect penalties.

@ Prlntecl on Recycled Paper

Please contact mel as soon as possible to discuss options for cooperatively moving forward in this matter. I can be reached at (916) 322--2861 or [email protected].

Sincerely,

tlay Cross ---Senior Staff Counsel Office of Legal Affair~

Cc:

Evelina R~yas Acting Branch Chi'ef Chatsworth ·enforcement B.ran:ch ~211 Oakdale Avenue Chatsworth, CA 91311

David Stuck Senior Supervising Environmental Scientist Chatsworth Enforcement Branch 9211 Oakdale Avenue Chatsworth, CA 91311

ORIGINAL SIGNED

STATE OF CALIFORNIA CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY


In the Matter of:

Len Liz Express 421 Ivy Street, Suite 4 Glendale, California 91204

Len Liz Express, Inc. 421 Ivy Street, Suite 4 Glendale, California 91204

Mr. Arsen Hovhannisyan, Owner 421 Ivy Street, Suite 4 Glendale, California 91204

ID No. CAL 000 383 548

Respondents.

Docket HWCA 2018-7460

NOTICE OF FINAL ORDER

TO: Mr. Arsen Hovhannisyan, Owner; Len Liz Express; Len Liz Express, Inc.

(RESPONDENTS}:

PLEASE TAKE NOTICE that pursuant to Health and Safety Code section

25187(d)(1), the Enforcement Order issued by the Department of Toxic Substances

Control on October 30, 2018, and served upon you on May 22, 2019, has become final.

A true and correct copy of the Enforcement Order is attached to this Notice of Final

Order. By the terms of the Order, payment of the penalty of $132,580.00 must be

mailed or delivered by March 12, 2020.

HOVHANNISYAN, LEN LIZ EXPRESS, LEN LIZ EXPRESS, INC. DOCKET 2018-7460

~·Cross· ~taff Counsel Office of Legal Counsel Department of Toxic Substances Control P.O.Box806 Sacramento, California 958t2-0BQ6

HOVHANNISYAN, LEN LIZ EXPRESS, LEN LIZ EXPRESS, INC. DOCKET 2018-7460

ORIGINAL SIGNED

DEPARTMENT OF TOXIC SUBSTANCES CONTROL (818) 717-6652 Barbara A. Lee, Director David Stuck, Seniol' Enviromenfal Scienti11t (Supervisory)

. 9211 Oakdale Avenue Chatsworth, California 93113 ATTORNBY FOR (Name);

STATE OF CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY

DEPARTMENT OF TOXIC SUBSTANCES CONTROL In the Matter of:

MR, ARSEN HOVHANNISYAN AGENT FOR SERVICE OF PROCESS. LEN LIZ EXPRESS, rnc, 421 IVY STREET, SUITE 4, GLENDALE, CA 91204 JD NO. CAL 000 383 548 Resuoudents. I HBARING DATE: I TIME: I DRPT/DIV,: DOCKET HWCA:

PROOF OF SERVIG.m 2018,.7460

1. At the time of service I was at ieast 18 years of 11ge_and not a party to this action, and Itierved copies of the (sp~cify document(s):

2.

3.

NOTICE OF DEFENSE ::EIEALTH AND SAFETY CODE SECTION 2.5187(d); STATEMENT l'O nESPONDENTS; ENFORCEMENT ORDER; LETTER ADDRESSED TO MR. ARSEN HOVHANNISY AN, dated JANUARY 9, 2019

a. Party served: Len Liz Express, Inc-. · c/o Arsen Hovhermlsyan

b. Per.ion served: Anna Hovhannisyan, Wife, R'1thorlzed person io accept service of process

~.Address: .421 Ivy Street, Suite 4 Glenclalc, California 91204

I sei·ved the party in item 2 a. by personally delivering tho copies

b. by mailing the copies of the documents (by first class mail, postage prepaid) to the party to be served at the place where the coples were left.

(I) on (date): 05/Z.:2/2019 (2) at (time): 03:40 p.m.

(1) on (date): 05/23i2019 (2) front (location): Los Angeles, California

4. Person serving (name, address, and telephone No.):

Arturo Ramirez Ace Attorney Service, Inc. 811 Wilshire Boulevard, Suite 900 Los Angeles, Califomia 90017 (213) 623~3979

f. Fee for service: $

a. Not a Registe1·ed California process server. (1) Employee or independent contractor. (2) Registratlou'No,: N/A (3) County: NIA

5, I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date: May 291 2019

(signature)

PROO]:r"OF SERVICE

#1'11'1204Sl

ORIGINAL SIGNED


Matthew Rodriquez Barbara A Lee, Director 9211 Oakdale Avenue

Chatsworth, California 93113 Eicimund G. Brown Jr.

. Secretary for Environmental Protection

CERTIFlED MAIL:

January 9, 2019

Mr. Arsen Hovhannlsyan, Agent for ~ervice of Process LEN LIZ EXPRESS, INC. 421 IVY STREET, SUITE 4 GLENDALE, CA 91204

IN THE-MATTER OF: Docket No. HWCA 2018-7460

Dear Mr. Hovhannisyan:

Enclosed _please find an Enforcement Order and related documents concerning violations of the California Health and Safety Code and the California Code of Regulatrons.

Governor

As indicated in the enclosures, you have a right to a hearing. A WRITTEN REQUEST ·FoR A HEARING MUST BE DELIVERED TO THE DEPARTMENT OF TOXic S~BSTANCES CONTROL OR POSTMARKED WITHIN 20 DAYS OF THE DATE OF THIS LETTER OR YOU WILL WAIVE YOUR RIGHT TO A HgARING.

Whether or not you choose to request a hearing, you are e~cour~ged to exi,lore thepossibility of $ettlement by contacting David Stuck at the address listed below, telephone· number at (818) 717-6652.

Sincerely,

uav1a ~1ucK Senior Environmental Scientist (Supervisory) Enforcement and Emergency Response Division HazardoL1s Waste Management Program Chatsworth Office

Enclosure(~) Certified Mail No.: 70'18 1130 0002 0692 8073 Return Receipt Requested

ORIGINAL SIGNED

Len Liz January 91 2019 Paga 2 of 2

cc: Len Liz Express, Inc. 421 IVY STREET, SUITE 4 GLENPALE, CA 91204 ·

STATE OF CALIFORNIA E-NVIRONMl=NTAL .PftOTBCTION AGENCY

DEPARTMENT_OF TO.XlC SUBSTANCES -CONTROL

In the Matter of:

Mr, Arsen HovMnnie.van, owne.r 421 Ivy Street, Suite 4 Glendale, CA 91204

Len Liz. Express 421 Ivy Street, Suite 4 Glendale, CA 91204 .

Len· Liz.Express. Inc. 421 Ivy Street, Suite 4 Glendale, GA 91204

10 No. CAL ado 383 648

Respond.enfs.

.ENFORCEMENT ORDSR

Health a~d Safety Gode Sectlan .is~:a7

,INTRO'DUCT~.ON

·1 .1, P:a:rtles:. The. state Department 0.f 1oxh1 -S1.1bstances Ctmtrol

(DepartrttI,mt) issu~ this: Enfori;:e.m~nl-Ord.er-'(Order) to :Mr. Arse.n Ho:.ihannlsyan

(Hov.~aunt&y~n), Len l.,lz Express (Len Uz) anc! Len Liz Express, Inc. {Len Uz1 l~C·;/ . '

(coll-eotJv~ly R.espondeo~).. Prior to Jf;lnu.ary, 1_9;. 2018,;when Len Li:Zr tho., ·incorporated,

Hovhann1svah d:id ·business as Len Liz, whion wa$ a-n unincorp·oraled e.ntlty. Len Liz,

ln.c. 1·$·.the $.Ut.1cessi:irio Len· Liz.

1.2, Site{ RespoAdet'lts transported h~zardous· waste ijt th~-following &.lte: 733:0

Adams 6treet,. Paramount, -California -9072'3.

' 1,~l Authorization st51tus: The D~p~rtment' had ·auU,orized Re$p.onpemts io

manage hazardous waste by Hazardous Waste Transporter Registration# 6184,

expired on May 31, 2014. Respondents do not currently hold a Hazardous Waste

Hauler Registration from the Department.

1.4. Jurisdiction.' Section 25187 of the Health and Safety Code authorizes the

Department to order action necessary to correct Violations and assess a penalty when

the Department determines that a·ny person has violated specified provisions of the

Health and Safety Code or any permit, rule, regulation, standard; or requlren:ient Issued

or adopted pursuant thereto.

DETERMINATION OF VIOLATIONS·

2. 1. The Department has determined that: Respondents violated California

Health and Safety Code, section 25163, subdiVislon (a){1) and (2)i in that, between May

31, 2014 and October 31, 2014 1 Respondents transported hazardous waste without

holding a valid hauler registration issued by the Department.

2.2. B,espondents violated Callfornia Health and Safety Code, section 26165,

subdivision (a)1 in that, between May 31, 2014 and October 31, 2014, Respondents

failed to notify the Department of that Respondents intended to use consolidated

manifesting procedure.

2.3. Respondents violated California Health and Safety Code1 Section 25160,


(a) and (b)(1) (2) and (3), in that, between May 8, 2013 and October 31 1 2014,

Respondents transported used oil but failed to either have manifests from each

. generator of used oil or to h~ve a correctly completed consolidated manifest for each

shipment. In addition, Respondents failed to terminate the manife~ts daily and in at least

in one Instance in 2013, Respondent failed fo leave/provide AK Tires· in·:Redlands, ·

California, a receipt for acceptance of AK tires used oil.

2.4. Respondents violated California Health and Safety Code 25250.29', ·

subdivision (a), In that, ever since starting the hazardous waste transportation

operation in May B,·2013, Respondents shipped the used oil collected from

generators in California to a facility (?Ut of state without testing/analyzing each

shipment through an accredited laboratory to ensure that the used oll meets all of

the following characteristics: I) A flash point above 100 degrees Fahrenhl:}lt, 2) 'A

polychlorinated blph_enyls (PCB)·qonceratratlon of less than 5 ppm, and 3) a

concentration- of total halogens of 1000 .ppm or less..

2.5. Respondents violated California Health and Safety Code 25250.29;

subdi~ision (f) In that on ot before March 1-; 2014, Respondents failed to submit to· the

Department a report which contains the following information: 1) The total volume of

used oil that Respondents shipped out of state and 2) Information pertalning to the outw

of~state fac11ity(ies) to which the used oil was shipped, including the fadlity name,

address and EPA ID numbef.

2.6. Respondents violated Callfornia Health and Safety Code, section 252_50.9,

.in that, between May 81 2013 and October 31, 2014, Respondents failed to

provide/obtain a slgn·ed written notification from each generator regarding the·

disposition of used oil in the form as described in California Health and Safety Code,

section 25250,9. ' '

2,7. Respondents violated California Health and Safety Code, section 25160 as

modified by California ~ealth and Safety Code1 section 25160.2, subdivisions (b)(4)(C)

and (H), in that, betwes,n May,8,. 2013- and October-31, 2014, Respondents failed to

Include on each receipt Respondents provided to the generatCirs frotn--whom: -

Respondents collected used oll a-statement to be signed by generator, certifying that

the g~nerator has established a progrl\lm to reduce th~ volume or the toxlcity of the

hazardous waste to the degree, as determined by the generator] to be economically

practicable. In addition, ever since starting the hazardous waste transportation

operation in May 8, 2013, Respondents failed to include the manifest number on each

_receipt provided to the generators _of the hazardous waste.

2.8. Respondents via.lated California Health and Safety Code,-sectlon 25189,

subdivision (a), in that, between May 81 2013 and Ocfober 31 1 2014-,-Respondents

made a false representation of certain records. SpecificallY., the generators' receipts that

Respondents used during consolidated manifesting procedure and provided to the

ge.nerators stated thatthe generators' used oil would be shipped to Veolia facility In

Azusa, California; however, all used oil was shipped to a facility out of state (Sako Oil

Recycling in Albuquerque, New Mexico). In addition, Respondents used one manifest

number on all receipts left wtth generators.

2.9. Respondents violated California Health and Safety Code, s~ction

25250.101 In that, between 2013 and 2016,·Respondents failed to report to the

Department, on or before March 1 of each year (or on a quarterly basis In lieu of

annual reporting), the following information on a form provided -by the

Department: the shlpping descriptions· of used oil transported during the

preceding calendar year, and the volume of each type of used all transported

ldentitled by shipping description and the faoilitles to which the used oil was

:•• ·:. •I transported. The re.ooMng facilities rn.ust-·b.e identified by namev addr'ess1•· :. ~ ·......

telephone number,..and E.nvir.onmental Protection Agency Identification number.·

2:10. Respondents violated California Code of Regulations tit1e·22,

Section 66283.20 1 subdivision (f), In that; bet.ween May 8, 2013 and October 31,

2014, Respondents-failed to submit to the Department legible copies of the

manifests for each load of_used oil transported out of state within 15 days of the

date that the loads were accepted by the recycling facility.


·25250.131 hi that, Respondents stored used oil in a tanker truck for lof1ger than 24 hours

without first lnstalllng a secondary containment for the used oll tanker truck.


25160.2, subdivision (d), in that, between May 8, 2013 and October 31, 2014

Respondents failed 1o subm11 quarterly reports to the Department 30 days after the end of

each quarter in an electronic f~nnat provided by the Department.

SCHEDULE FOR COMPLIANCE

3. Based on the foregoing Determination of Violation, IT IS HEREBY ORDERED

THAT before resumingthetransportation of used oil, Respondents shall complywith all

of the following requirements as applicable: .

3.1. the requirements of palifornia Health and Safety Code, sectio_n 25163,

subdivision (a)(1) and (2),


subdivision (a).

3.3. the requirements of Callfornia Health and Safety Code, Section 25160,

. . .

subdivision {d) as modified by Health and.Safety Code, section 25160.2, subdivisions

(a) and (b)(1) (2) and (3).

3.4. the requirements of California Health and Safety Code 25250.291 subdivision

(a).

3.5. the requirements of California Health and Safety Code 25250.29,

subdivision (f).

3.6. the requirements of Callfornla Health and Safety Code, section 25250.9.

3.7. the requirements of California Ha_alth and Safely Code, section 25160 as


and (H).

s;a. th~ requirements of California Health and Safety Code, section 25189,

subdivision (a). ·

3.9. the requirements of Californla Health and Safety Co9e, section 25250.1 o.

3.10. the requirements of C~lifornia Code of Regulations title 22, Section ·

· 66263.20, subdivision (f).

3.11 ..the requirements of California Health and Safety Code, section 25250.13.

3.12. the requirements of California Health and Safety Code, section 25160.21

subdivision (d).

3.4. Submittals. All submlttals from Respondents pursuant to this Order shall be . . .

sent simultaneously to:

David Stuck, Unit Chief Enforcement and Emergency Response Program Department of Toxic Substances Control 9211 Oakdale Avenue Chatsworth, California 91311

Jay Cross, Staff Counsel Office of Legal Counsel · Department of Toxic Substances Control 1001 I Street, MS 23A P. 0. Box 806 . Sacramento, California 95812~0806

3.6. Communications. All approvals and declsh;>ns of the Department made

regarding submlttals and notifications will be communicated to Respondents In writing

by the Branch Chief, Department of Toxic Substances Control, or his/her deslgoee, No

informal advice, guidance, suggestions, or comments by the Department regarding

reports, plans, specifications, schedules, or any other writings by Respondents shall be

construed to" relieve Respondents of the obligation to obtain such formal approvals as

may be required.

3.6. Degartment Review and Approval, If the Department determines that any

report; plan, schedule, or other document submitted for approval pursuant to this Order

fails to comply with the Order or falls to protect publlc health or safety or the

environment, the Department may:

a. Modify the document as deemed necessary and approve the document

as modified, or

b. Return the document to Respondents with recommended changes and

a date by which Respondents must submit to the Department ~ revised document

incorporating the recommenµed changes.

3.7. Compliance with Applicab!e Laws: Respondents 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.

3.8. Endangerment during Implementation: In the event that the Department

detennlnes that any circumstances or activity (whether or not pursued in compliance

wit~ this Order) are creaiing an imminent or substantial endangerment to the health or

welfare of ·people on the site or in the surrounding area or to the environment1 the

Department may order Respondents to stop further Implementation of this Order for

such period of time -as needed to abate the .endangerment. Any deadline in this Order

directly affected by a Stop Work Order under thls·sectlon shall be extended for the term

of the Stop Work Order.

3.-9. Liabillt:t: Nothing in this Orde~ shall constitu1e or be construed as a . . .

satisfaction or rele~se fr.om liability for any conditlons _or claims arising as a result of

past, current, or future operations of Respondents. Notwithstanding compliance with the

tei:ms of this Order, Respondents may be required to take further.actions as are

necessary to protect public health or welfare or the environment.

3.10. Site Access: Access to the site shall be provided at all reasonable times to

employees, contractors, and consultants of the Department, and any agency having

jurisdiction. Nothing In this 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. The

Department and 11s authorized representa~ives shall have the -authority to enter and

move freely about all property at the Site at all reasonable times for purposes including

bllt not limited toi Inspecting records, operating logs, and contracts relating to the Site; . '

reviewing the progress of Respondents in carrying out the terms of this Order; and

conducting such tests.as the Department may deem necessary. Respondents.shall

permit such persons to Inspect and copy all records, documents, and other writings,

- 8.

including all sampling and monlt~rlng data, in any way pertaining to work undertaken

pursuant to this Order.

3.11. Data and Document Avallability, Respondents shall permit the Department

and its authorized representatives to inspect and copy all sampling, testing, monitoring,

and other data generated by Respondents or on Respondents' behalf in any way

pertaining to work undertaken pursuant to this Order. Respondents shall allow the

Department and its authorized representatives to take duplicates of .any samples

collected by Respondent pursuant to this Order. Respondents shall maintain a central

depository of the data, reports, and other documents prepared p_ursuant to this Order.

All such data, reports, and other documents shall be preserved by Respondents for a

minimum of six years after the conclusion of all activities under this Order. If the

Department requests that some or all of these documents be preserved for a longer

perio~ of time, Respondents shall comply with that request, deliver the documents to

the Department, ·or permit the Department to copy the documents prior to destruction.

Respondents shall notify the Department in writing at least six months prior to

destroying any documents prepared pursuant to this Order.

3.12. Government Liabilities: The State of California shall not be liable for

injuries or damages to persons or property resulting frorn acts or omissions by

Respondents or related parties In carrying out activities pursuant to this Order, nor shall

the State of California be held a~ a party to any contract entered into by Respon~ents or

its agents in carrying out activities pursuant to the Order.

3.13. Incorporation of Plans and Reports. All plans, schedules, and reports that

require Department approval and are submitted by Respondents pursuant to this Order

-9-

are lncorpora·ted In this Order upon approval by the Department.

3.14. Extension Request: If Respondents are unable to perform any activity or

submit any document within the time required under this Order, Respondents may, prior

to expiration of the time, request an extension of time in writing. The extension req'uest

shall include a justification for th·e delay;

3.15. Extension Approvals: If the Department determines that good cause exists

for an extension, It will grant the request and specify in writing a new compllarice

schedule.

OTHER PROVISIONS

_4.1. Additional Enforcement Actions: By issuance of this Order; the Department

does not waive the right to take further enforcement actions. - ·

4.2. Penaltles for Noncompliance: Failure to comply with the terms of this Order

may also subject Respondents to costs, penaltles, and/or punitive damages for any

costs incurred by the Department or other government agencies as a result of such a

failure, as provided by Health and Safety Code section 25188 and other applk:able ·

provisions of law. ·

4.3. Parties Bound: This Order shall apply to and be binding upon Respondents, .

and its officers, directors, agents·, employees, contractors, consultants, receivers,

trustees, successors1 and assignees, including but not limited to lndividuals, partr_1ers,

and subsidiary and parent corporations,

-. 4.4. Time Periods. "Days" for purposes of this Order means -calendar days,

PENALTY

5. Based on the foregoing DETERMINATION OF VIOLATIONS, the Department

-10-

sets the amount of Respondents' penalty at ONE HUNDRED THIRTY~1WO ··

THOUSAND, FIVE HUNDRED 1 EIGHTY DOLLARS ($132 1580.00}.· Payment ls due·

within 30 days from the effective date of the Order.• Respondents' check shall be made

payable to the Department.of Toxic Substances Control, and shall Identify the ·

Respondents and [?ocket Number, as shown i~ the heading of this case. Respondents

shall deliver the penalty paytnent .to:

Department of Toxic Substances Control . Accounting Office · 1001 I Street, 21st floor P. 0. Box 806 Sacramento, California 95812·0806

A photocopy of the check shall be se11t to:

David Stuck .. Department of Toxic Substances Control 9211 Oakdale Avenue Chatsworth, California 91311

. RIGHI TO A HEARING

6. Respondents may request a hearing to challenge the Order. Appeal

procedures are described in the attached Statement to Respondents.

EFFECTIVE DATE

7. This Order is final and effective twenty days from the date of malling, which is

the date of the cover letter transmitting the Order to Respondent, unless Respondents

requests a hearing within the tweI1ty-day period.

Date- of Issuance O C +-, :SU 1 "' b l ~

Robert Kou, Branch Chief Enforcement and Emergency Response DiVi$10n Department of Toxic Substances Control Chatsworth Office

- 12 -

ORIGINAL SIGNED


DEPARTMENT OF TOXIC SUBSTANCES. CONTROL

In the Matter of:

Mr. Arsen Hovhannisyan Agent for Service of Process Len Liz Express, Inc.

-421 Ivy Street, Sulte 4 Glendale, CA 91204

ID No. CAL 000 383 648

Respondents.

TO THE ABOVE RESPONDENT:

Docket: HWCA 2018M7460

STATEMENT TO_ RESPONDENTS

Enforcement Order

·An Enforcement Order (Order) is attached to this statement and is hereby

served upon you. The Order has been filed by_the Department of Toxic

Substances Control (Department).

UNLESS A WRITTEN REQUEST fOR A HEARING SIGNED BY YOU OR

ON YOUR BEHALF IS DELIVERgD TO THE DEPARTMENT OR POSTMARKED

WITHIN TWENTY DAYS AFTER THE DATE op 'THE COVER LETTER YOU

RECEIVED WITH YOUB. COPY OF THE ORDER, YOU WILL BE DEEMED TO

HAVE WAIVED . YOUR RIGHT TO A HEARING . IN THIS MATTER. IF YOU DO

NOT FILE A TIMELY HEARING REQUEST, THE ENFORCEMENT ORDER ·

BECOMES FINAL AUroMAilCALLY.

The request for a hearing·may be made by delivering or mailing one copy of the

enclo~ed form entltled "Notice of Defense" or by delivering or mailing a Notice of

Defense as provided ln section 11506 of the Government Code to:

Amilla Glickman, Chief Counsel Office of Legal Counsel · Department of Toxic Substances Control 1001 } street, MS 23A

. P. 0, Box 806 Sacramento, California 95812-0806

The enclosed Notice of Defense, If signed and filed with the Department, Is

deemed a specific denial of all parts. of the Order1 but you will not be permitted to

raise any objection to the form of the Order unless you file a further Notice of

Defense as provided In section 11506 of the ~overnment Code within fifteen days

after service of the Order upon you.

If you file a Notice of Defense within the time permitted, a hearing on the

allegations made in the Order will be conducted by the Office of Administrative

Hearings of the Department of General Services in accordance with the procedures

specified in Health and Safety Code section 25187 and Government Code sectlons

11507 et seq.

The hearing may be postponed for good cause. If you have good cause 1

you must notify the Department within ten working days after you discover the good

cause. Failure to notify the Department within ten days will deprive you of a

postponement.

Coples of sections 11507.5, 11507.6, and 11607.7 of the Government Code

are attached. If you desire the names and addresses of witnesses or an

opportunity to inspect and copy items.. in possession,· custody, or control of the

Department, you may contact:

2

Jay Cross, Staff Counsel Office of Legal Couns~I Department of Toxic Substances Control 1001 I Street, 23rd floor, P. o. Box806 Sacramento, California 95812-0806

Whether or not you have a hearing, you may confer informally with the

Department to discuss-the alleged facts, determinations, corrective actions and·

penalty. An informal conference does not. however, postpone the twenty:-day ·

period you-have to request a hearing on-the Order. An informal conference may-be

. pursued simultaneously with the hearing process.

You may but are not required to be represented by counsel at any ·or all

stages of these proceedings.

3



la the Matter of:

Mr. Arsen Hovhannlsyan Agent for Service of Process Len Liz Express, Inc. . 421 Ivy Street, Suite 4 Glendale, CA 91204

ID No. CAL 000 383 548

Respondents.

Docket HWCA 2018~7460

NOTICE OF DEFENSE

Health and Safety Code Section 25187(d)

I, the undersigned Respondent, acknowledge receipt of a copy of the

Enforcement Order, Statement to Respondents. Government Code sections 11507.5,

11507.6, and 11507,7, and two copies of a Notice of D~fense.

1. request a hearing to permit m~ to present my defense·to the allegations

contained In the Enforcement Order.

Dated: -~----

(Signature of Respondent Hovhannlsyan)

Please Type or Print the Name and Mailing Address of Respondent

(Name)

(Street Address)·

(City) (State) (Zip)

(Telephone Number)

------

STATE OF CALIFORNlA ENVIRONMENTAL PROTECTION AGENCY


In the Matter of:

Mr. Arsen Hovhannlsyan Agent for Service of Process Len Liz Express, Inc. 421 Ivy Street, Suite 4 Glendale, CA 91204

ID No. CAL 000 383 548

Respondents.

. Docket HWCA 2018-7460

NOTICE OF D_EFENSE

Health and Safety Code Section ·25187(d)

I, the undersigned Respondent, acknowledge receipt of a copy of the

Enforcement Order, Statement to Respondents, Government Code sections 11507.5,

11607.~, and 11607,7, and two copies of a Notice ot"Defense..·

I request a hearing to permit me to present my defense to the allegations

contained in the Enforcement Order.

Dated:

(Slgnatur.e of Respondent Hovhannlsyan)

Please Type or Print the Name and Mailing Address of Respondent

(Name)

(Street Address)

(City) · (State) (Zip)

(Telephone Number)

:· .,... · GOVERNMENT CODE

Section 11507.5, :Exclusivity-.of dis·covery provisions

The provisions of Section 11507.6 provide the exclusive right to and method of discovery as to any proceeding governed by this chapter.

Section 11507,6. Request for discovery

After Initiation of a proceeding in which a respondent ~r other party Is entitled to a hearing, on the merits..- a party J upon written request rhade to another ·. party, prior to-the· hearing and w~hin 30 days after service by the agency or the initial pleading or withh,115 d~ys,after the·service of an additional pleading·, is entitled to (I) obtain the names and addresses ~f witnesses to the extent known to the other party, including, ·but• not limiter,! to; ·those intended to be· balled to testify at the hearing, and (2) inspect and make a copy of any of the following in the possession or custody or under the control of the other party:

(a)· A statement of a person,;.-other•t~.an the respondent, named In the.initial administrative pleading, or in any additional pleading, when It is claimed that the. act or omission of the respondent as to this person is the basis for the administrative proceeding;

(b) A statement pertaining to the subject matter of the proceeding made by any party to another party or person; · ·

(c) Statements of witnesses then proposed to be called by the party and of other persons having personal knowledge of the acts, omissions or events which are the. basis for the proceeding,_ not Included In (a) or (b) above;

(d) All writings, including, but not limited to, reports of mental, physical and blood examinations and things which the party then proposes to offer in evidence;

(e) Any other writing or thing which is relevant and which would be admissible in evidence;

(f) Investigative reports made by or on behalf of th~ agency or other party pertaining to the subject matter of the proceeding, to the extent that these reports (I) contain the names and addresses of witnesses or of persons having personal knowledge·of the acts, omisslons or events which are 1he basis for the proceeding, or (2) reflect matters perceived by the investigator ln the course of his or her Investigation, or (3) contain ot lnolude by attachment any statement or writing descrlbed in (a) to (e)1 inolusive1 or summary thereof.

For the purpose of this section, "statements11 include written statements by the person signed or otherwise authenticat~d by him or her, stenographic1

4

mechanlcal, electrlcal·o-r. other recordings, or transcripts thereof, of oral statements by the person, and.written reports or summaries of these oral statements.

- .

Nothing In this section shall authorize the Inspection or copying of any writing or thing which Is prlvl\eged from disclosure by law or otheiwlse_made confidential or protected ~s the attorney1s work product. ·

Section 11507.7. Motion to compel discovery

(a) Any party claiming the party's request for discovery pursuant to Section .11507.6 has· not been complied with may serve and file with the administrative law . judge a motion to compel discovery, .naming as respondent the party refusing-or failing to comply with Section 11.507.fl The motion shall state facts showing·the respondent party failed or. refused to comply with Section 11507.6, a description of the matters sought to be discovered, the- reason or reasons wHy the matter Is discoverable under tha~ section; :that .a- reasonable and good faith atte.rnpt to contact the respondent foran informal resolution of the Issue has been made, and the ground or grounds of respondent's refusal so far as known to the_ moving party.

(b) The motion sha!Lbe.served-upon respondenl party and filed within 15 days_ after the respondent party first evidenced f~ilure or refusal to comply with Section 11607.6 or within 30 days after request was made a·nd the· party has failed . to reply to the request, or within another time provided by stipulation, whichever period is longer. -.

(c) The hearing on the motion to compel discovery shall be· held within 15 days after the motion is made, or a later time that the administrative law judge may on the judge's own motion for good cause determine. The respondent party shall have the right to serve and file a written answ~r or other response to the motion before or at the time of the hearing.

. .

(d) Where the matter sought to be discovered is under the cL1stody or control of the respondent party and the respondent party asserts that the matter is not a . discoverable matte~ under the pro\/isions of Section 11507.6, or is privileged against disclosure under those provisions, the administrative law judge may order lodged with it matters provided in subdivision (b) of Section 916 of the Evidence Code and examine the· matters in accordance with Its provisions. _ ·-·--···- -·· -·-····

(e) The administrative law judge shall decide the case on the matters examined in oa.mera, the papers filed by the parties, and such oral argument and additional evidence as the administrative law judge may allow.

(f) Unless otherwise stipulated by the parties, the administrative law Judge shall no later than 15 days after the hearing make its order denying or granting the motion. The order shall be In wrttlng setting rorth the matters the moving party Is

. entitled to discover under Section 11507.6. A oopy of the order shall forthwith be

5

served by mall by the administrative lawJudge 1.1pon the parties. Where the order grants the mo1ion In whole or In part, the order shall not become effective until 1 O days after the date the order is served. Where the order denies relief to the moving party, the order shall _be effective on the date It Is served.

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3. Service Type □ Adult Signature □ Adult Signature Restricted Delvery D Certiffed Mall®

■ Complete Items 1, .2, and 3. □ Agent■ Print your nameand address on the reverse X D Addresseeso that we can return the card to you.

■ Attach this card to-the back of the rriailpiece, AB.o~~~dllJJ;J;Jl),r~ c: Date of Oellvel)(.

__o_r_o_n_th_e;_f_ro.:cn.:..:t;_lf_s_,_p'-'-a.:.c.:.e..::pe..:.:..:rm.:..:.it:.:::s_:_:_._____--_---1 n:)15'.,.., rL -[),J.-9u-1. Article Addressed to: D. Is delivery address different from item 1? D Yes

If YES, enter delivery address_ below: □ No

□ Priority Mail Express® □ Registered MaI1™ □ ~ered Mail Restricted

DelM!ry □ Return Recelptfor

Merchandise · □ Signature Confirmation™ □ Signature Confirmation

·R_estricted Delivery (over $500) _ '

MnsuredMailRestricladbellvery

959p.9_,4Q2 3988 8079 2§_05_84 - □ Certified Mail Restrtcted Delivery - · creouecton Delivery

:2.·';Artl::;;-c-;--le--;N-;-u=mb-:-__-_er-(ii:;;:,mnster:--:-,-;-_----;'-@-,m-se-rn-.:-Clj-~-;--'abe:-::l)c-_----.~-!,.~,r:'!~~,.?iellveiy Restricted Delivery

. 7017 145□ 00□2 1615 9223 . PS Fonn 8811 J July·2015 PSN 7530-02-000-9053 Domestic Return Receipt : •

-'~-• ~ • ~ •• ,_.:.,, • ·. ~,:'.•"!J.ic::..... ,_:_,~;.;;.:•-~~~'·'-•; ••• ;_.. f:,;,., ·,,,-••.;:, . ._,.;~.-~:.:_...!7, ·.1,.-·...--• .:.. -.'."'."?:-:•• •;~::.~.":',"•~:~~•--"'--'--- ·•-•·•- ·"•-•· -·•· ··-·

2 DENNIS BECK, JR.

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