HomeMy WebLinkAbout2026-01-29; Air Pollution Control District Notice of Violation at Cannon Lift Station (District 2); Gomez, PazTo the members of the:
CITI COUNCIL
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January 29, 2026
Council Memorandum
To:
From:
Honorable Mayor Blackburn and Members of the City Council
Paz Gomez, Deputy City Manager, Public Works
Via:
Amanda Flesse, Utilities Director J\ (\ 1
Sheila Cobian, Assistant City Manager b~
{city of
Carlsbad
Memo ID# 2026002
Re: Air Pollution Control District Notice of Violation at Cannon Lift Station (District 2)
This memorandum provides information related to a Notice of Violation (NOV) from the
San Diego County Air Pollution Control District (APCD) following an inspection at the Cannon Lift
Station located at 2197 Cannon Road.
Background
The San Diego County APCD works to protect public health by regulating and reducing air
pollution from stationary sources such as sewer lift stations. The wastewater that flows through
sewer lift stations generates hydrogen sulfide (H2S) gas, which produces an unpleasant odor and
is considered a nuisance by the APCD. Larger lift stations that could potentially release
detectable levels of H2S into the environment are required to have odor control systems that are
permitted by the APCD.
Cannon Lift Station meets this requirement and has a type of odor control system that uses
carbon canisters to remove H2S from the air that is exiting the lift station. The Permit Condition
No. 4 of the APCD permit for Cannon Lift Station requires the carbon canisters to be replaced
every 18 months and conducts annual inspections to ensure that permit requirements are being
met.
Discussion
On January 15, 2026, an APCD inspector visited several lift stations, including Cannon . The
inspector reviewed the maintenance records for the odor control system and found that the
canisters had not been replaced within 18 months of installation. The canisters were last
replaced on April 16, 2024, and should have been replaced prior to October 16, 2025, but were
not replaced until January 13, 2026.
The inspector issued NOV 000031, shown in Attachment A, for a violation of Permit Condition
No. 4 because of the failure to replace the canisters within the required timeframe. On
January 26, 2026, the Utilities Department submitted Attachment B to the San Diego County
APCD to comply with the response requirement of 10 business days.
Carlsbad has had a permit for the odor control unit since 2003 and has never been late changing
the canisters. Wastewater staff take all permit requirements very seriously and pride themselves
Public Works
Utilities Department, Wastewater Division
5950 El Camino Real I Carlsbad, CA ZIP 92008 I 442-339-2722 t
Council Memo -APCD Notice of Violation at Cannon Lift Station (District 2)
January 29, 2026
Page 2
on their compliance record. Fortunately, the canisters were still working properly, and hydrogen
sulfide concentrations were below the permit acceptable level the entire time, and the division
remained in compliance with all other permit conditions.
Following the receipt of the NOV, staff gathered to evaluate the reasons for the delayed
replacement of the canisters and to deliberate on process enhancements aimed at mitigating the
likelihood of a recurrence. It was concluded that a change in management, reliance on a manual
scheduling process, and a breakdown in internal communication contributed to the failure to
meet the deadline. Initially, the canisters were mandated to be replaced every 24 months;
however, this requirement was revised in December 2023 and was not effectively communicated
to the Maintenance Planner responsible for scheduling all preventive maintenance tasks for
wastewater management.
Consequently, instead of being replaced in October 2025 in accordance with the new permit
stipulations, the canisters were replaced in January 2026, which aligned with the original permit
requirements. Staff also found that the method of managing preventive maintenance schedules
is manual and potentially vulnerable to mistakes.
Wastewater staff are making the following process improvements to reduce the likelihood of
future NOVs for this permit requirement:
• Conducting internal reviews of Permits to Operate with Operations staff and the
Maintenance Planner after each annual permit renewal to identify any changes and
adjust maintenance intervals accordingly.
• Revising the carbon replacement interval to comply with the permit requirements.
• Evaluating the implementation of automated work orders within our computerized
maintenance management system to minimize communication gaps, particularly during
organizational changes.
Next Steps
Staff are awaiting APCD's response to the city's response to the NOV. APCD may impose an
administrative penalty/fine, at which time the matter will be resolved upon payment.
Attachments: A. APCD Notice of Violation #000031
B. City response to APCD Notice of Violation #000031 dated January 26, 2026
cc: Geoff Patnoe, City Manager
Cindie McMahon, City Attorney
Laura Rocha, Deputy City Manager, Administrative Services
Zach Korach, Finance Director
Tim Lyons, Assistant City Attorney
Dave Padilla, Assistant Utilities Director
Stephanie Harrison, Utilities Manager
Attachment A
APC D2026-NOV-000031 AIR POLLUTION CONTROL DISTRICT ----------------10124 Old Grove Road
San Diego, CA 92131-1649
PHONE (858) 586-2650
Sector: C/01
APCD2006-PTO-980110
APCD USE ONLY
NOTICE OF VIOLATION
Date( s) of Violation Start: 10/19/2025 End: 01/13/2026
Name: City of Carlsbad Cannon Road Lift Station
Violation Location: 2197 Cannon Rd
Date of Report: 01/15/2026
Phone: 760-802-8200
City: Carlsbad Zip: 92008
Specifically, the following violation(s) of the San Diego Air Pollution Control District rules and/or federal or State of California regulations
have occurred: (abbreviations: H&S = Cal. Health & Safety Code; CCR=Cal Code of Regulations; NESHAP= National Emission
Standards for Hazardous Air Pollutants, NSPS= New Source Performance Standard, R=Rule)
Cited Rule(s)/Regulation(s)
Law Type: District Rules
Category: Permit to Operate
Section: 21
Rule Description: Permit Conditions
Equipment Type: [56B] Wastewater Odor Treatment System
Violation Type: Other
Description Of Violation: Condition #4 of APCD2006-PTO-980110.
Failing to replace the carbon in the wastewater odor treatment system within 18 months of installation.
Specifically, the carbon in the wastewater odor treatment system was replaced on 4/16/24 and was due
to be replaced prior to 10/16/25 (18 months), but the carbon was not replaced until 1/13/26 which
exceeded the 18 month period allowed by the permit.
Corrective Action Required: Ensure the carbon in the wastewater odor treatment system is replaced within 18 months of installation.
Pursuant to California Health and Safety Code section 42400 et seq., any person who violates any Order, Rule, or Regulation of the Air
Pollution Control District is guilty of a MISDEMEANOR. Each day a violation occurs constitutes a separate offense.
YOU MUST ADVISE THE DISTRICT IN WRITING, WITHIN TEN BUSINESS DAYS, OF THE ACTION TAKEN TO
CORRECT ALLEGED VIOLATION(S) OR THE REASON(S) YOU BELIEVE THE VIOLATION(S) DID NOT OCCUR.
PLEASE SEND YOUR RESPONSE TO THE AIR POLLUTION CONTROL DISTRICT, apcdcomp@sdapcd.org or
ATTENTION: COMPLIANCE DIVISION, 10124 OLD GROVE RD , SAN DIEGO, CALIFORNIA 92131 -1649.
Inspector Name: Austin Bailey Date: 01/15/2026 Time: 7:57 ------------------------
Inspector Signature:
Digitally signed by Austin I
• • Bailey Austin Bailey Date:2026.01.1508:06:55
-08'00'
AM
Received by: Michael Garcia Title: Utilities Superintendent
Email Address: Mike.Garcia@carlsbadca.gov
Signature: Issued Electronically
Date: 01/15/2026
PLEASE SEE THE NEXT PAGE OF THIS FORM FOR INFORMATION ON CIVIL PENALTIES AND THE DISTRICT'S
VIOLATION SETTLEMENT PROCESS.
APC804 v0 .33 Site Record ID: APCD2003-SITE-04996 SITE Sector: C/01 Page 1
WHAT A "NOTICE OF VIOLATION" MEANS
You have just received a NOTICE OF VIOLATION from the San Diego County Air Pollution Control District, a government agency
responsible for air pollution control in San Diego County. A Notice of Violation is the District's claim that someone has violated the
District's rules, state, and/or federal laws applying to air pollution. The District is authorized by state law to seek penalties for violations.
WHAT TO DO IF YOU RECEIVE A NOTICE OF VIOLATION
If you receive a Notice of Violation, take IMMEDIATE action to prevent the violation from recurring. Each additional day of non-
compliance may be considered an additional Violation.
ADVISE THE DISTRICT IN WRITING OF THE ACTION TAKEN TO CORRECT THE ALLEGED VIOLATION OR THE REASON(S) YOU
THINK THE VIOLATION DID NOT OCCUR. SUBMIT YOUR RESPONSE WITHIN TEN BUSINESS DAYS OF THE DATE THE NOTICE
OF VIOLATION IS ISSUED. MAIL YOUR RESPONSE TO: AIR POLLUTION CONTROL DISTRICT, ATTENTION: COMPLIANCE
DIVISION, 10124 OLD GROVE RD, SAN DIEGO, CALIFORNIA 92131-1649, OR email to APCDCOMP@sdcounty.ca.gov, ATTENTION:
COMPLIANCE DIVISION.
If you need to continue using the equipment that is allegedly causing the violation, you may petition the Hearing Board for a VARIANCE.
A variance allows you to legally operate the equipment causing the violation while you are working to correct the problem. The District
does not grant variances, but it can tell you how to apply for a variance. Contact the District's Compliance Division at (858) 586-2650, if
you wish to option this information. If you believe the equipment is not causing a violation and you continue to operate without a
variance, penalties may be assessed for each day the District determines the equipment caused a violation.
HOW THE NOTICE OF VIOLATION WI LL BE RESOLVED
The District will review the information submitted in your written response to determine how to handle the alleged violation. If the District
determines that a violation did not occur, the Notice of Violation will be dismissed. Where a violation is found to have occurred, the
Notice of Violation is usually handled through the District's "Violation Settlement Program". A Notice of Violation could also result in civil
or criminal prosecution.
VIOLATION SETTLEMENT PROGRAM
If the District determines that a Notice of Violation should be handled through this program, a letter will be sent offering to
settle the Notice of Violation. If there is not a response within 14 days, the violation may be referred for civil or criminal
prosecution. The letter sent will usually require the payment of a penalty.
CIVIL PROSECUTION
A Notice of Violation which is not resolved through the Violation Settlement Program may be referred for civil prosecution. If
so, a lawsuit may be filed against you seeking maximum penalties for the violation. The maximum penalties established by
the California Health and Safety Code range between $5,000 and $1,000,000 per day of violation, depending on the nature
of the violation
CRIMINAL PROSECUTION
In serious cases, a Notice of Violation may be referred for criminal prosecution. The maximum penalty established by the
California Health and Safety Code is $1,000 -$1,000,000 per day of violation or up to one year in jail, or both.
PLEASE SUBMIT ALL CORRESPONDENCE TO THE DISTRICT AT THE ADDRESS SHOWN ON THE
FRONT OF THIS FORM. YOU MAY CALL (858) 586-2650 SHOULD YOU WISH TO CHECK THE STATUS
OF YOUR VIOLATION.
APC804 v0.33 Site Record ID: APCD2003-SITE-04996 SITE Sector: C/01 Page 2
San Diego County
Air Pollution Control District
10124 Old Grove Rd
San Diego, CA 92131-1649
Attachment B
Re: City of Carlsbad/ Cannon Lift Station, APCD-NOV-000031
Dear APCD Compliance Division,
{c ity of
Carlsbad
January 26, 2026
This letter is submitted in response to Notice of Violation (NOV) No. APCD-NOV-000031, dated January 15, 2026,
issued to the City of Carlsbad/ Cannon Lift Station regarding Condition #4 of APCD2006-PTO-980110, which requires
replacement of carbon in the wastewater odor treatment system within 18 months of installation.
Upon receipt of the Notice of Violation (NOV), an internal review was initiated to determine the cause of the
violation. The review revealed that recent changes in management and internal communication processes played a
significant role in this issue. Specifically, the carbon replacement interval had historically been established at 24
months in accordance with previous permit requirements. However, when this requirement was revised to an 18-
month replacement rotation in December 2023, the change was not effectively communicated to our Maintenance
Planner. Fortunately, the hydrogen sulfide concentrations were below the permit acceptable level the entire time, and
we remained in compliance with Permit Conditions No. 2 and 3. We are committed to complying with all Air Pollution
Control District (APCD) regulations and permit conditions, and we deeply regret this incident.
Corrective actions have been implemented to address the violation and prevent recurrence. These actions include:
• Conducting internal reviews of Permits to Operate following each renewal with Operations staff and the
Maintenance Planner to identify any changes and adjust maintenance intervals accordingly.
• Revising the carbon replacement interval to comply with the current permit requirements.
• Evaluating the implementation of automated work orders within our computerized maintenance
management system to minimize communication gaps, particularly during organizational changes.
As of January 13, 2026, the facility has been returned to full compliance with all applicable APCD regulations.
We respectfully request that the District consider the corrective actions taken, our compliance history, and our
cooperation when determining the resolution of this NOV. Please contact me at 760-802-8200 or by email at
mike.garcia@carlsbadca.gov if any additional information or follow-up is required.
Thank you for your time and consideration.
Sincerely,
Michael Garcia
Utilities Superintendent
Public Works Branch
Utilities Department 5950 El Camino Real I Carlsbad, CA 92008 I 442-339-2722 t