HomeMy WebLinkAbout2021-03-18; Air Pollution Control District Notices of Violation Update {District 1); Gomez, PazTo the members of th~:
CIT'( COUNCIL
Date 3/l'l /~ CA ..:!._ CC ✓
CM . V ACM ✓ DCM (3) ✓ --
March 18, 2021
Council Memorandum
To:
From:
Honorable Mayor Hall and Members of the City Council
Paz Gomez, Deputy City Manager, Pub~orks
Via: Geoff Patnoe, Assistant City ManagerlQS"
Re: Air Pollution Control District Notices of Violation Update {District 1)
{city of
Carlsbad
Memo ID #2021062
This memorandum provides an update to a previous memorandum dated Jan. 21, 2021, related
to receipt of two Notices of Violation (NOVs) from the San Diego Air Pollution Control District
(APCD) following inspections of two permitted wastewater facilities.
Background
On Jan. 6, 2021, APCD issued two NOVs -one at Homeplant (NOV No. APCD2021-NOV-000008)
and one at Fox's Landing (NOV No. APCD2021-NOV-000009). The NOVs are explained in the
previous Council Memorandum dated Jan. 21, 2021 (Attachment A).
Discussion
After the city's written responses (Attachments Band C) and discussions between staff and APCD
regarding the two violations, APCD sent a settlement offer to the city on March 10, 2021
(Attachment D).
As mentioned in Attachment D, penalties for APCD violations can include civil penalties of up to
$10,000 per day; however, APCD can consider the nature of the violation and offer a settlement
agreement option.
The violation at Homeplant (NOV No. APCD2021-NOV-000008) involved a city clerical error. The
violation at Fox's Landing (NOV No. APCD2021-NOV-000009) stemmed from a misunderstanding
between staff, APCD and the construction contractor regarding contract language and the APCD
permits, specifically the Authority to Construct and Permit to Operate. APCD indicated that the
Authority to Construct permit does not allow the contractor to start the lift station for testing.
However, APCD does not have a clear process for the transition time between construction,
testing and operation. While the city understood contractor testing as being covered under the
Permit to Construct, APCD disagreed and required the contractor to wait for cancellation of the
construction permit and reinstatement of the operations permit before testing the lift stations.
As described in Attachment D, the settlement agreement for both NOVs will require a payment
of $2,200.
Public Works Branch
Utilities Department
5950 El Camino Real I Carlsbad, CA 92008 I 760-438-2722 t
Council Memo -Air Pollution Control District Notices of Violation Update (District 1)
March 18, 2021
Page 2
Next Steps
Staff will agree to the settlement offer and remit $2,200 to APCD. To prevent recurrence of the
Homeplant violation, staff will take corrective action by proofreading and doublechecking all
numbers on APCD regulatory documents.
To address the Fox's Landing violation, staff is currently reviewing the city's standard contract
language to revise and clarify the responsibilities of contractors and staff regarding regulatory
compliance. Staff will be working closely with APCD staff to determine the most effective way to
work through the construction, testing and operation transitions in the future.
Attachments: A. Council Memorandum dated Jan. 21, 2021
B. City response letter for NOV No. APCD2021-NOV-00009 dated Jan. 22, 2021
C. City response letter for NOV No. APCD2021-NOV-00008 dated Jan. 22, 2021
D. APCD settlement offer letter dated March 10, 2021
cc:. Scott Chadwick, City Manager
Celia Brewer, City Attorney
Laura Rocha, Deputy City Manager, Administrative Services
Robby Contreras, Assistant City Attorney
Vicki Quiram, Utilities Director
Ryan Green, Finance Director
Kristina Ray, Communication & Engagement Director
Babaq Taj, Engineering Manager
Dave Padilla, Engineering Manager
Jesse Castaneda, Public Works Superintendent
To the members of the:
ATTACHMENT A
{city of
Carlsbad
CITY COUNCIL /
Date .i.::fr_4=A _ice_
CM _/ACM-✓ DCM {3} L
Council Memorandum
Jan.21,2021
To:
From:
Via:
Re:
Honorable Mayor Hall and Members of the City Council
Paz Gomez, Deputy City Manager, Publi~rks
Geoff Patnoe, Assistant City Manager ~
Air Pollution Control District Notices of Violation (District 1)
This memorandum provides information related to receipt of two Notices of Violation (NOVs)
from the San Diego Air Pollution Control District (APCD) following an inspection of permitted
wastewater facilities.
Background
On Jan. 6, 2021, APCD performed annual inspections of the city's permitted wastewater facilities.
After completion of the inspections, the APCD inspector indicated verbally that no violations
were found. However, subsequent to the inspection, two NOVs were received for the following
facilities: Homeplant and Fox's Landing Sewer Lift Stations.
Discussion
Summaries of the two NOVs are as follows:
Homeplant Lift Station:
APCD Violation -The city operated an emergency diesel engine without written authority
from APCD. Specifically, the previous permit for this engine was retired on July 17, 2020,
yet continued to operate.
Response/Action -The alleged violation is incorrect. As background, there were two
generators located at the Homeplant Lift Station. Staff filed an application to ret ire one of
the aging generators. The application that was submitted by staff had the correct
generator number of the one that was to be retired. However, the ident ification number
was inadvertent ly swit ched when APCD issued the permit and the wrong generat or
permit was retired, which resulted in the inspector thinking that the retired generator
was still on site and was continuing to operate.
Upon receipt of the NOV, staff took immediate action to engage APCD to correct the
discrepancy in generator identification numbers. As of Jan. 8, 2021, the permit shows the
correct generator identification number. Staff expects this violation to be dropped.
Fox's Landing Lift Station:
APCD Violation #1 -The odor reduction system was not in operation while the sewer lift
station was in operation from April 14, 2020, to May 30, 2020. Additionally, the city did
Public Works Branch
Utilities Department
5950 El Camino Real I Ca rlsbad, CA 92008 I 760-438-"n22 t
I
I
I
Council Memo -Air Pollution Control District Notices of Violation (District 1)
Jan. 21, 2021
Page 2
not provide written notification to APCD that the odor system was not on-line and there
were no records on-site of the date, duration and purpose of the equipment outage.
Response/Action #1 -This alleged violation is incorrect. As background, a construction
project to completely replace the old lift station and odor reduction system with new
systems was in progress .
.
During this time, the contractor was performing an operational test on the new lift station
and odor reduction system before putting them into operation. To allow for this testing,
sewage bypassed the lift station through a separate pipe from April 10, 2020, to
April 21, 2020. On April 21, 2020, the contractor placed the new lift station and odor
reduction system on-line. The odor reduction system was in operation at all times that
any lift station was operating. Staff expects this violation to be dropped.
On Sept. 1, 2020, APCD issued the city an Authority to Construct, which requires
notification of all odor-reducing station maintenance shutdowns exceeding 24 hours.
Staff did notify APCD prior to the facilities being taken off-line for the bypass, but did not
have records on-site when the APCD inspector arrived. In the response letter to APCD,
staff will note that the violation should be reduced to a record keeping violation only
which had no impact to the environment. Staff has riow been trained to log all
construction activities in a log book on-site, in addition to the many others that they do to
meet regulations during normal operation of any lift station.
Additionally, the city is revising its standard contract language to clarify the reporting
responsibilities of contractors as it pertains to regulatory compliance responsibilities of
the city. Furthermore, the city is conducting ongoing review of the reporting procedures
with city staff involved in the operation and construction of city facilities.
APCD Violation #2 -Failure to maintain records of the hydrogen sulfide concentration
from April 14, 2020, to May 30, 2020, for a total of 45 days without records.
Response/Action #2 -The new lift station and odor reduction system were off-line from
April 10, 2020, to April 21, 2020, and were not in use until April 21, 2020. The city does
not have records of hydrogen sulfide measurements from April 21, 2020, to
May 30, 2020, approximately 5 1/2 weeks, during which period the hydrogen sulfide
measurement frequency of once per week was required under the Authority to Construct
(APCD2015-APP-004163). The lack of records at that time resulted from
miscommunication with the city's construction contractor and the contractor's differing
interpretation of the contract requirements. All readings before and after this time have
been recorded and comply with all APCD requirements. Staff and the contractor now
better understand their responsibilities.
The city is revising its standard contract language to clarify the reporting responsibilities
of contractors as it pertains to regulatory compliance responsibilities of the city.
Furthermore, the city is conducting ongoing review of the reporting procedures with city
staff involved in the operation a.nd construction of city facilities.
Council Memo -Air Pollution Control District Notices of Violation (District 1)
Jan.21,2021
Page 3
Responses to APCD have been drafted to meet the required response date of
Jan. 22, 2021. Staff will continue to work with APCD and provide data to make sure a fair and
reasonable conclusion can be reached.
Next Steps
Staff is preparing a response letter to APCD, which is due on Jan. 22, 2021.
Staff is currently revising the standard contract language to clarify the reporting responsibilities
of contractors regarding regulatory compliance. Furthermore, staff is conducting an ongoing
review of and training on the reporting procedures with those members involved in the
operation and construction of city facilities and will take co rrective action, as needed.
Upon receipt of follow-on responses from APCD, staff will provide an update to City Council.
cc: Scott Chadwick, City Manager
· Celia Brewer, City Attorney
Laura Rocha, Deputy City Manager, Administrative Services
Robby Contreras, Assistant City Attorney
Vicki Quiram, Utilities Director
Ryan Green, Finance Director
l(ristina Ray, Communication & Engagement Director
Babaq Taj, Engineering Manager ·
Dave Padilla, Engineering Manager
Jesse Castaneda, Utilities ~upervisor
January 22, 2021
Air Pollution Control District
Attn: Compliance Division
10124 Old Grove Road
San Diego, CA 92131-1649
ATTACHMENT B ( City of
Carlsbad
Re: Notice of Violation# APCD2021-NOV-000009
To Whom it may Concern:
On Jan. 6, 2021, the City of Carlsbad, Utilities Department {Utilities) received the above-
referenced Notice of Violation (NOV) for the Fox's Landing Sewer Lift Station at 4155 Harrison
St. This NOV is related to a city construction project to rehabilitate and replace the lift station
which includes a new odor control unit.
The NOV excerpts are provided below. The city has investigated available records and provides
the following responses for your consideration:
Section(s)/Rule(s) Description of Violation
Law Type: District Rules Condition #2 -Failing to maintain the Air Pollution Control
Category: Permit to Operate equipment in full operational condition while the process
Section: 21 equipment is in operation. Additionally, failing to notify the district in
writing of any maintenance outages exceeding 24 hours within 2
days before or after the outage and failing to maintain logs of the
date, duration and purpose of all Air Pollution Control equipment
outages for scheduled maintenance.
Specifically, the 3.7 million gallon per day wastewater pump station
operated from 04/14/20 to 05/30/20 for a total of 45 days without
either of the two-sage biological odor scrubber I-BOXtm Biologic
System Series 6000, or the Calgon Corp Phoenix 1000 system in
use at any time. Additionally, City of Carlsbad did not provide any
written notification of the outage, nor did they maintain logs of the
date, duration, and purpose of the equipment outage.
Response:
This alleged violation is related to a capital improvement project that was under construction
during this 5-1/2-week time frame. The construction project completely replaced the old lift
station and odor reduction system with new systems. The city applied for and received an
Authority to Construct (APCD2015-APP-004163} in May 2018 to construct the lift station and
appurtenant equipment. The Authority to Construct was revised and updated with new terms
Public Works Branch
Utilities Department
5950 El Camino Real I Carlsbad, CA 92008 I 760-438-2722 t
Notice of Violation (NOV) APCD2021-NOV-000009 Response
Jan. 22, 2021
Page 2
in February 2020 (Attachment A). The new odor reduction system was installed in March 2020.
The new lift station was not in use from April 14, 2020 to April 21, 2020 due to construction
activity which prevented the operation of the lift station, and the system was on bypass during
this time. The lift station and the odor reduction system resumed operation on April 21, 2020.
The estimated average daily flow during this time period is approximately i .2 million gallons
per day.
In conjunction with the construction work, the city submitted a request to retire the previous
Permit to Operate (APCD2005-PTO-977904) on April 14, 2020 via email (Attachment A). This
was intended to notify the APCD that the old lift station was no longer in use. The city's
understanding was that the old station equipment and permit would be retired and the new
equipment would be operated under the new permit. There was no "outage" per the new
permit as the air pollution odor reduction system equipment was always in operation when the
process equipment was in operation. The city believes the violation should be reduced to a
record keeping violation for not having the records on site which had no impact to the
environment.
Section(s)/Rule(s) Description of Violation 1-----------'-'----'--'--------+-------L aw Type: District Rules Condition #3 -Failing to maintain records of the hydrogen sulfide
category: Permit to Operate concentration at the outlet of the control device. Specifically, there
21 were no records of the hydrogen sulfide concentration at the outlet
~s_e_ct_io_n: ________________ ~f_ro_m_0_4/_1_4/_20_t_o_0_5/30/20 for a total of 45 days without records.
Response: .
The new lift station and the odor reduction system were not in use until April 21, 2020. The city
does not have records of hydrogen sulfide measurements from April 21, 2020 to May 30, 2020,
approximately 5-1/2 weeks, during which period the hydrogen sulfide measurement frequency
of once per week was required under the Authority to Construct (APCD2015-APP-004163). The
lack of records resulted from miscommunication with the city's construction contractor and the
contractor's differing interpretation of the contract requirements.
The city is revising its standard contract language to clarify the reporting responsibilities of
contractors as it pertains to regulatory compliance responsibilities of the city. Furthermore, the
city is conducting ongoing review of the reporting procedures with city staff involved in the
operation and construction of city facilities.
Please contact Jesse Castaneda at (760) 438-2722, jesse.castaneda@carlsbadca.gov or myself at
vicki.quiram@carlsbadca.gov if you have any questions or require additional information.
Sincerely,
QCt~l -f p,_elj,{__
for Vicki Quiram
Utilities Director
Notice of Violation (NOV) APCD2021-NOV-000009 Response
Jan. 22, 2021
Page 3
Attachment A: Authority to Construct (APCD2015-APP-004163)
Attachment B: Request to Retire Permit to Operate (APCD2005-PTO-977904)
Notice of Violation (NOV) APCD2021-NOV-000009 Response
Attachment A
APCD COUNTY OF SAN DIEGO, AIR POLLUTION CONTROL DISTRICT
10124 OLD GROVE ROAD, SAN DIEGO, CA 92131 ---------------AIR POLLUTION CONTROL DISTRICT
COUNTY OF SAN DIEGO
Sectors: 1, C
(858) 586-2600 FAX (858) 586-2601
www.sdapcd.org
Site Record ID : APCD2002-SITE-04529
Application Record ID
APCD2015-APP-004163
11111m11111111111111111111111111111111111m1111m1111111111111111m1111111111111111111111111m11111
City of Carlsbad
Jesse Castenada,
5950 El Camino Real
Carlsbad, CA 92008
EQUIPMENT ADDRESS
Carlsbad City of Wastewater
Fox's Sewer Lift Station
4155 Harrison St
Carlsbad, CA 92008
AUTHORITY TO CONSTRUCT
EXPIRES: September 1, 2020
After examination of your Application for an Air Pollution Control District (hereinafter referred to as "the
District") Authority to Construct .and Permit to Operate for equipment located at the above location, the
District has decided on the following actions:
Authority to Construct is granted pursuant to Rule 20 of the Air Pollution Control District Rules and
Regulations for equipment to consist of:
A 3.7 MILLION GALLON PER DAY (MGD) CAPACITY WASTEWATER PUMP STATION. APPROX WET
WELL VOLUME OF 1,500 CU. FT. CONTROLLED BY ONE (1) TWO-STAGE BIOLOGICAL ODOR
SCRUBBER I-BOXTM BIOLOGICAL SYSTEM SERIES 6000 (INTEGRITY MUNICIPAL SYSTEMS) WITH A
FLOW RATE OF 850 CFM.
This Authority to Construct is issued with the following conditions:
1. At no time shall the subject equipment cause or contribute to a nuisance as specified in District Rule 51.
If compliance with Rule 51 cannot be demonstrated to the satisfaction of the District, the applicant will
take whatever corrective action necessary to meet applicable requirements. If corrective action requires
any physical change or modification to the subject equipment, the applicant shall apply for and obtain an
Authority to Construct for all such modifications.
2. The odor reduction system (ORS) and its monitoring equipment shall be maintained in good operating
condition and shall be in full operation in accordance with the facility's operations and maintenance
(O&M) manual at all times when the process equipment is in use, except during periods of any
maintenance affecting the ORS not to exceed 72 hours per calendar year. The District must be notified
of all ORS maintenance shutdown exceeding 24 hours. Notification must be submitted in writing within 2
calendar days before or after the initial maintenance shutdown. The O&M manual and logs of the date,
duration (in minutes) and purpose of any maintenance affecting the ORS shall be maintained on-site for
three years and made available to District personnel upon request. (Rule 51)
3. The hydrogen sulfide concentration at the outlet of the control device shall be less than or equal to two
ppmv. The hydrogen sulfide concentration at the outlet of the control device shall be measured once a
week and when requested by District personnel. Records of hydrogen sulfide concentration and the
corresponding date of the hydrogen sulfide concentration measurement shall be maintained on-site for
three years and made available to District personnel upon request. (Rule 51)
Page 1 of 3 Print Date: February 5, 2020
APC009 V1 .13
4; Hydrogen Sulfide concentrations shall be measured with a properly calibrated Portable Hydrogen Sulfide
Analyzer (such as an Industrial Scientific ATX-612 H2S or a Jerome Meter Model 631-X), an appropriate
Dragertube #8101991) or any equivalent method approved in writing by the District. The above
monitoring equipment shall be maintained and calibrated in accordance with manufacturer's
specifications. The manufacturer's specifications and records of any maintenance and calibrations shall
be made available to District personnel upon request.
5. Where equipped, process covers or enclosures shall be used at all times except during periods of
equipment maintenance. [Rule 51]
6. Access, facilities, utilities and any necessary safety equipment for source testing and inspection shall be
provided upon request of the Air Pollution Control District.
7. This Air Pollution Control District Permit does not relieve the holder from obtaining permits or
authorizations required by other governmental agencies.
8. The permittee shall, upon determination of applicability and written notification by the District, comply with
all applicable requirements of the Air Toxics "Hot Spots" Information and Assessment Act (California
Health and Safety Code Section 44300 et seq.)
This Authority to Construct does not authorize operation of the above-specified equipment until written
notification has been provided to the District indicating that construction (or modification) has been
completed in accordance with this Authority to Construct. Upon submission of this notification, temporary
Permit to Operate shall take effect and will remain in effect, unless withdrawn or modified by the District, until
the equipment is inspected by the District and a revised temporary permit (Startup Authorization) is issued or
a Permit to Operate is granted or denied.
This Authority to Construct shall be posted on or within 25 feet of the above described equipment or
maintained readily available at all times on the operating premises.
Upon completion of construction (or modification) in accordance with this Authority to Construct, and prior to
commencing operation, the applicant must complete and mail, deliver or email to
APCDPermits@sdcounty.ca.gov the enclosed Construction Completion Notice to the District. After mailing,
delivering or emailing the notice, the applicant may commence operation of the equipment. Operation must
be in compliance with all the conditions of this Authority to Construct and applicable District Rules.
This Authority to Construct does not relieve the holder from obtaining permits or authorizations, which may
be required by other governmental agencies. This Authority to Construct is not authority to exceed any
applicable emission standard established by this District or any other governmental agency. This
authorization is subject to cancellation if any emission standard or condition is violated.
Within 30 days after receipt of this Authority to Construct, the applicant may petition the Hearing Board for a
hearin~ on any conditions imposed herein in accordance with Rule 25.
This Authority to Construct will expire on 09/01/2020 unless a·n extension is granted in writing.
This is not a Permit to Operate. Please be advised that installation or operation of this process or equipment
without written authorization may be a misdemeanor subject to fines and penalties.
If you have any questions regarding this action, please contact me at or via email at
Peter.Ossowski@sdcounty.ca.gov.
Page 2 of 3 Print Date: February 5, 2020
APC009 V1 .13
Peter Ossowski
Assistant Engineer
Page 3 of 3 Print Date: February 5, 2020
APC009 V1.13
Notice of Violation (NOV) APCD2021-NOV-000009 Response
Attachment B
David Hull
From:
Sent:
To:
Subject:
Attachments:
Importance:
FYI
Jesse Castaneda
Public Works
Utilities Supervisor
5950 El Camino Real
Carlsbad, CA 92008-8802
Jesse.Castaneda@carlsbadca.gov
760-438-2722 x7137
760-431-2658 f
Jesse Castaneda
Wednesday, January 13, 2021 4:00 PM
David Hull
FW: Request to retire an Air Pollution Control District permit
APCD Request to Retire Permit_Foxs Odor Scrubber_2020 March.pdf; APCD2015-
APP-004163-Modification Application .pdf; receiptView.pdf
High
From: Stephanie Harrison <Stephanie.Harrison@carlsbadca.gov>
Sent: Tuesday, April 14, 2020 3:47 PM
To: Jesse Castaneda <Jesse.Castaneda@carlsbadca.gov>
Subject: FW: Request to retire an Air Pollution Control Dist rict permit
Importance: High
From: McDaniel, Carol <Carol.McDaniel@sdcounty.ca.gov>
Sent: Tuesday, April 14, 2020 1:55 PM
To: Stephanie Harrison <Stephanie.Harrison@carlsbadca.gov>; Ossowski, Peter <Peter.Ossowski@sdcounty.ca.gov>
Subject: FW: Request to retire an Air Pollution Control District permit
Importance: High
Hello,
Permit 977904 has open app 004163 (modification/replacement) and should be maintained pending approval of
updated existing permit. Please see attached.
Thank you,
Carol McDaniel
1
From: Stephanie Harrison <Stephanie.Harrison@carlsbadca.gov>
Sent: Tuesday, April 14, 2020 11:55 AM
To: LUEG, APCDPermits <apcdpermits@sdcounty.ca.gov>
Cc: Jesse Castaneda <Jesse.Castaneda@carlsbadca .gov>
Subject: FW: Request to retire an Air Pollution Control District permit
Importance: High
To Whom it May Concern:
Attached please find our request to retire APCD permit APCD2005-PTO-977904. Please let us know if any further
information is needed to retire this permit. Thank you.
Regards,
Stephanie
{ City of
Carlsbad
Stephanie Harrison
Asset Manager
City of Carlsbad
Public Works -Utilities Division
5950 El Camino Real
Carlsbad CA 92008
www.carlsbadca.gov
P: 760-603-7310
F: 760-431-1601
E: stephanie.harrison@carlsbadca.gov
From: Jesse Castaneda
Sent: Monday, April 13, 2020 11:43 AM
To: Stephanie Harrison <Stephan ie.Harrison@carlsbadca.gov>
Subject: FW: Request to retire an Air Pollution Control District permit
Importance: High
fyi
From: Quenga, Dorlisa <Dorlisa.Quenga@sdcounty.ca.gov>
Sent: Monday, April 13, 2020 11:42 AM
To: Jesse Castaneda <Jesse.Castaneda@carlsbadca.gov>
Subject: Request to retire an Air Pollution Control District permit
Importance: High
Hello Jesse,
2
As per our phone conversation, to retire your permit(s), just fill out the attached form and return it via email:
apcdpermits@sdcounty.ca.gov .
Have a nice day,
Dorlisa Quenga
APC AIDE
Phone 858-586-2636/2600
Fax 858-586-2601
Dorlisa.Quenga@sdcounty.ca .gov
APCD
CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content
is safe.
CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content
is safe.
3
~_ETJl3EM!;NT BV:R~9!JE~J F9RM ... -----------------
Company Name: [ ,J½ 0 f G..v ( $ ba, d
Contact Name: j e ss e { ~sh r'\ -e..d 0,,
Address(es): S9S-D c ! Uln-\l'r'L.2> ~a..\
0\..--l~bN Cfi q 2..CO~
PTO(s)#: __ _,_lt-'--'P'--=c.--'=o"-'z_=-=oc.:c.PS---"'---.!...-er"'--=o_-_._c;....._2 ...... 7_7'----'o:;.......L..+ __ _
SITE ID(s)#: __ lt-.'----/J_c---'1_=D_'2...~_ ~o_o~z_~--S_,_I_._T_,,~~-~0_4-__.__...S __ Z.. _____ 9 __ _
Reason for Retirement: 7/2 .e tfl-s-/4-h'c:n Is b.e1b3 r-v1 /4t:d.
1b is odor St:-vubher /2Af' h ~LJ-7 d ~ (_.l)n--,n,-,i>f,(DY1~c1at:1,,I
JS /x,j ,15 r~~Ce1J?l tv1,i't ~ rfr f&~n+-umf{rur~~ ?f.n/.(r ;;u ,/-
-· fv U "5 fr7-< d J
* If you are retiring a permit from an invoice, if possible , please attach a copy of
the invoice.
Please mail to Permit Processing, SDAPCD, 10124 Old Grove Road,
San Diego, CA 92131 or fax to 858-586-2601 .
_ Permit Processing Use:
Date Request Received: _______ _
Date Retired in BCMS: ·--------
Retired by: _________ _
Date Retirement Letter Mailed: ____ _
January 22, 2021
Air Pollution Control District
Attn: Compliance Division
10124 Old Grove Road
San Diego, CA92131-1649
ATTACHMENT C
Re: Notice of Violation# APCD2021-NOV-000008
To Whom It May Concern:
(city of
Carlsbad
On Jan. 6, 2021, the City of Carlsbad, Utilities Department (Utilities) received the above-
referenced Notice of Violation (NOV) for operating a 2013 John Deere emergency diesel engine,
Model 4045 HF285, S/N PE4045L240876 without written authority from the Air Pollution
Control District (District) at Homeplant Lift Station, 2359 Carlsbad Boulevard. Specifically, the
previous permit for this engine was retired on July 17, 2020 yet continued to operate. As
described below, a typographical error caused the mix-up in reporting which engine would be
retired.
Utilities embarked on a project to replace the aging generator at Homeplant Lift Station. Staff
filed for and received a permit to operate the new generator. Therefore, there were two active
generator permits for the at Homeplant Lift Station. Staff filed an application to retire the aging
generator after it was replaced. During this process, the permit number for the retired
generator was inadvertently switched to the new generator permit number, causing the permit
for the new generator to be retired rather than the permit for the aged generator that was
actually retired.
Upon receipt of the NOV, staff took immediate action to correct the discrepancy in generator
identification numbers with APCD. On Jan. 8, 2021, the permit was reactivated with the correct
identification number.
Attachment A provides the email sent to Arthur Carbonell at the APCD office on Jul. 8, 2020
requesting cancellation of the operating permit for the generator that was replaced,
APCD2006-PTO-982656. City staff acknowledged the incorrect permit number and permit
APCD2014-PTO-002119 was canceled as of Jan. 7, 2021. On Jan. 8, 2021, the city submitted a
request via the email in Attachment B to reinstate the correct permit, APCD2014-PTO-002119.
Public Works Branch
Utilities Department
5950 El Camino Real I Carlsbad, CA 92008 I 760-438-2722 t
Notice of Violation (NOV) APCD2021-NOV-000008 Response
Jan. 22, 2021
Page 2
Although the permit numbers were inadvertently switched, the correct generator was retired
and replaced. We appreciate APCD bringing this to our attention so the records could be quickly
corrected. We are pleased that, with your help, the permit numbers were corrected, and on
Friday, Jan. 8, 2021, the permit (Attachment C) was reactivated. Moving forward, the city will
ensure we carefully check all records to prevent any further inadvertent typographical errors.
Please contact Jesse Castaneda at (760) 438-2722, jesse.castaneda@carlsbadca.gov, or myself
at vicki.quiram@carlsbadca.gov, if you have any questions or require additional information.
Cvt(i p,~
for Vicki Quiram
Utilities Director
Attachment A -Request to Retire Operating Permit APCD2006-PTO-982656
Attachment B -Request to Reinstate Operating Permit APCD2014-PTO-002119
Attachment C -Reactivated Operating Permit APCD2014-PTO-002119
Notice of Violation (NOV) APCD2021-NOV-000008 Response
Attachment A
APCD
~
AIR POLLIITION CONTROL DISTRICT
COUNTY OF SAN OI EGO
July 17, 2020
City of Carlsbad
Jesse Castaneda
2359 Carlsbad Village Drive
Carlsbad CA 92008
EQUIPMENT ADDRESS: Same As Above
IMPORTANT NOTICE
You have advised the District that your Emergency Generator with Permit to Operate No(s ).
APCD2014-PTO-002119 will not be used again. Therefore, your permit/shave been retired on
7/17/2020.
If you wish to reinstate your permit/sit must be done within 6 months of the retirement date. To
reinstate the permit/s, contact Permit Processing at (858) 586-2600.
Please be advised that any operation of the equipment after the retirement date described in the
aforementioned Permit to Operate is a misdemeanor, which may be subject to substantial fines or
penalties. If the equipment is observed in use by the District appropriate legal action will be
undertaken.
A new Permit to Operate may be applied for by submitting an application and the necessary fee
to the Air Pollution Control District.
If you have any questions regarding this matter please call Permit Processing at (858) 586-2600.
~ (sAIKA/(CW '
Pe1mit Processing Supervisor
LR:cg
I.D.# APCD2005-SITE-05521/C
10 124 Old Grove Rd. -San Diego -California 92131-1649 -(858) 586-2600
FAX (858) 586-2601-Smoking Vehicle Hotline -1-800-28-SMOKE
www.sdapcd.org
· .. ····--_: ___ . _ .. -·····-· .: -· ... · . __ RJ:flR.EMENT8YREQUESl FORM _ ···--··· ··· __ ,._ ...... ~· ... :
Comp~ny Name: City of Carlsbad
Contact Name: Jesse Castaneda (760) 603-7337
Address(es): 2359 Carlsbad Village Drive, Carlsbad, CA 92008
PO(s)#:_N_/A ____________ ~-----
ID(s)#: . APCD2014-PTO-002119
Reason for Retirement: Generator was replaced and is no longer being
used.
* If you are retiring a permit from an invoice, if possible, please attach a copy of
the invoice.
Please mail to Permit Processing, SDAPCD, 10124 Old Grove Road,
San Diego, CA 92131 or fax to 858-586-2601.
Permit Processing Use:
Date Request Received: 7/14/2020
Date Retired in BCMS: 71i712o2o ·--------Retired by: Cindy Gould
BCMS ID:2005-SITE-05521 Legacy ID: _____ _
Date Retirement Letter Mailed: _____ _
From:
To:
Cc:
Subject:
Date:
Attachments:
Dani McManus
Gould Cynthia
Jesse Castaneda
RE: Generator Registration Change
Tuesday, July 14, 2020 2:15:57 PM
image001.png
image002.ong
Retirement Form.pdf
Good afternoon Cynthia,
Please refer to the completed and attached retiren:,ent requesfform. I have also enclosed this form
and certified mailed the original copy to you.
Thank you for the assistance.
Best,
{ci!Y of
Carlsbad
Dani McManus
Secretary
Public Works -Utilities
5950 El Ca mino Real
Carlsbad, CA 92008
www.carlsba dca.gov
760-603-7334 I 760-431-1601 fax I Dan i.McManus@carlsbadca.gov
From: Gould, Cynthia <Cynthia.Gould@sdcounty.ca.gov>
Sent: Friday, July 10, 2020 8:03 AM
To: Dani McManus <dani.mcmanus@carlsbadca.gov>
Subject: RE: Generator Registration Change
Good morning: please fill out the attached retirement request form and send back to me. You will
receive confirmation letter confirming retirement. Thanks.
Cynthia R. Gould, APC Aide & Public Records Liaison
Air Pollution Control District
10124 Old Grove Road I San Diego, CA 92131
Office: 858-586-2616 I MS: 0-176
https://www.sdapcd.org/
APCD ~-All Plim■ co.ma lllfJllCT C:111111 r Uli llllU
For local information and daily updates on COVID-19.
please vIsIt www.coronavirus-sd.com. To receive
updates via text, send COSD COV!D19 to 468-311.
From: Carbonell, Arthur <Arthur.Carbonell@sdcounty.ca.gov>
Sent: Thursday, July 09, 2020 4:02 PM
To: Gould, Cynthia <Cynthia.Gould@sdcounty.ca.gov>
Subject: FW: Generator Registration Change
Cindy,
Could you please retire APCD2014-PTO-002119 as requested below? If you need any further
information, please contact Dani McManus at dani.mcmanus@carlsbadca.gov. Thanks ahd please
let me know if you need anything else from me.
-Arthur
From: Dani McManus <dani.mcmanus@carlsbadca.gov>
Sent: Thursday, July 9, 2020 1:57 PM
To: Carbonell, Arthur <Arthur.Carbonel!@sdcounty.ca.gov>
Cc: Jesse Castaneda <Jesse.Castaneda@carlsbadca.gov>
Subject: RE: Generator Registration Change
Good afternoon Arthur,
Thank you for the clarification. The correct registration ID number for the generator that we are
asking to retire is APCD2014-PTO-002119, John Deere diesel engine. Please forward this information
to your Permit Processing Group. Will we receive notification about the change once it's processed?
I appreciate your help with this.
Thank you,
.......
(City of
Carlsbad
Dani McManus
Secretary
Public Works -Utilities
5950 El Camino Real
Carlsbad, CA 92008
www.carlsbadca.gov .
760-603-7334 I 760-431-1601 fax I Dani.McManus@carlsbadca.gov
From: Carbonell, Arthur <Arthur.Carbonell@sdcounty.ca.gov>
Sent: Wednesday, July 8, 2020 4:47 PM
To: Dani McManus <dani.mcmanus@carlsbadca.gov>
Cc: Jesse Castaneda <Jesse.Castaneda@carlsbadca.gov>
Subject: RE: Generator Registration Change
Dani,
Just to clarify, you asking to retire APCD2006-PTO-982656 and remove the engine from the site,
correct? If so, I will forward this email to our Permit Processing Group to process your request.
Thanks.
-Arthur
From: Dani McManus <dani.mcmanLJs@carlsbadca.gov>
Sent: Wednesday, July 8, 2020 4:11 PM
To: Carbonell, Arthur· <Arthur.Carbonell@sdcounty.ca.gov>
Cc: Jesse Castaneda <Jesse.Castaneda@carlsbadca.gov>
Subject: Generator Registration Change
Good morning Arthur,
Thank you for your follow up call. I wanted to email you as this may be an easier way of
communication during our busy days!
We have a generator that is registered for the Home Plant Lift Station located at 2359 Carlsbad Blvd;
however, we need to remove it as there is another registered generator in its place. The registration
ID for the generator that is no longer used/needed is APCD2006-PTO-982656.
Could you please advise on how we go about making this change?
Please feel free to contact me for further questions regarding this request.
Thank you,
(_City of
Carlsbad
Notice of Violation (NOV} APCD2021-NOV-000008 Response
Attachment B
Jesse Castaneda
From:
Sent:
To:
Roy, Laika < Laika.Roy@sdcounty.ca.gov>
Friday, January 8, 2021 12:19 PM
Quenga, Dorlisa
Cc: Jesse Castaneda
Subject: RE: City of Carlsbad APCD2014-PTO-002119/APCD2006-PTO-982656
Hi Dorlisa,
Please reactivate the permit since renewal fees were collected.
Respectfully,
Laika Roy, Permit Processing Supervisor
Air Pollution Control District
10124 Old Grove Road I San Diego, CA 92131
Office: 858-586-28161 MS: 0-176 APCD ~--..... '-IIPIUIJlllmllll..lllllCT u■■n u tl.H IUH
~ ----------------
For local information and daily updates on COVID-19,
please visit www.coronavirus-sd.com. To receive
updates via text, send COSD COVID19 to 468-311.
From: Quenga, Dorlisa <Dorlisa.Quenga@sdcounty.ca.gov>
Sent: Friday, January 8, 202112:17 PM
To: Roy, Laika <Laika.Roy@sdcounty.ca.gov>
Cc: Jesse Castaneda <Jesse.Castaneda@carlsbadca.gov>
S1.1bject: RE: City of Carlsbad APCD2014-PTO-002119/APCD2006-PTO-982656
Importance: High
Hello Ms. Laika,
Please advise if we could move forward to reactivating APCD2014-PTO-02119. Permit renewal fees have been paid thru
03/2021, please see attached receipt and the 2021 permit which was issued previously.
fJ"QIDl Lopez:, Jorge <Jor.ge.lopez~sdcounti;;ca.gov>
Senti 11.ie~d<:ly; Janu~ry ~,. 20219~22--AM
Tm:O.ue~ga; Dorli~a >:::Qorlisa;Quenga@sdcounty.ca.gov>
cc: Roy; Lailra <lafk~.Rov@sdrountv.ca.gov>
Subject: APC:02014-PT0-002;1.19 .
Thank you,
1
Dor.lisa Quenga
APC Aide
Phone 858-586-2636/2600
Fax 858-586-2601
Dorlisa.Quenga@sdcounty.ca.gov
APCD
~--~-
AIB PlllfTIIJN . L If n-c · U TY Of UN IU:O
From: Jesse Castaneda <Jesse.Castaneda@carlsbadca.gov>
Sent: Friday, January 08, 202111:44 AM
To: Quenga, Dorlisa <Dorlisa.Quenga@sdcounty.ca.gov>
Cc: Roy, Laika <Laika.Roy@sdcounty.ca.gov>
Subject: RE: City of Carlsbad APCD2014-PTO-002119/APCD2006-PTO-982656
Hi Dorlisa,·
Per our conversation on January 6th 2021 in regards to the reinstatement of Operating permit APCD2014-PTO-002119 at
2359 Carlsbad Blvd Carlsbad CA 92008
That was canceled by mistake, can you please send me an update on the processes.
Call me if you have any questions my work number is 760-603-7337 or my cell 760-802-8200
Thank you
Jesse Castaneda
Public Works
Utilities Supervisor
5950 El Camino Real
Carlsbad, CA 92008-8802
Jesse. Casta neda@ca rlsbadca :gov
760-438-2722 x7137
760-431-2658 f
From: Quenga, Dorlisa <Dorlisa.Quenga@sdcounty.ca.gov>
Sent: Wednesday, January 6, 2021 2:23 PM
To: Jesse Castaneda <Jesse.Castaneda@carlsbadca.gov>
Cc: Roy, Laika <Laika.Roy@sdcounty.ca.gov>
Subject: City of Carlsbad APCD2014-PTO-002119/ APCD2006-PTO-982656
Importance: High
Hello Jesse,
2
Per our phone conversation, please attach the previo·us correspondences with APCD concerning the permits we spoke
about.
Per permit #APCD2006-PTO-982656--As per our phone conversation, to retire your permit(s), just fill out the attached
form and return it via email: apcdpermits@sdcounty.ca.gov .
@Roy, Laika-This pertains to the email from Jorge Lopez yesterday.
Have a nice day,
Dorlisa Quenga
APC AIDE
Phone 858-586-2636/2600
Fax 858-586-2601
Dorlisa.Quenga@sdcounty.ca.gov
CAUTION: Do not open attachments or click on links unless ou recognize the sender and know the content i
en attachments or click on links unless you recognize the sender and know the content i
3
Notice of Violation (NOV) APCD2021-NOV-000008 Response
Attachment C
Jesse Castaneda
From:
Sent:
To:
Cc:
Quenga, Dorlisa < Dorlisa.Quenga@sdcounty.ca.gov>
Friday, January 8, 2021 4:05 PM
Jesse Castaneda
Roy, Laika
Subject:
Attachments:
RE: City of Carlsbad APCD2014-PTO-002119/APCD2006-PTO-982656
APCD2014-PTO-002119-Permit RenewaI_2021 .pdf; RE: City of Carlsbad APCD2014-
PTO-002119/ APCD2006-PTO-982656
Importance: High
Hello Jesse,
APCD2014-PTO-002119 has been reinstated. Please be advise it will be billed in a couple weeks under APCD2005-SITE-
05521.
I APCO2-014-PTO-00211'9
I ···-···--. ____ _, ______ . ··------· . --·--·--·-···. i Menu ;;; I i View Log ] f Search l ( Help ! I -·-"--. ······. -------·----~ . --·•··-····--.... ····-· -·-···
'G T '◄ l ' 11 .. 11 1 ._ -~-~ i , (3) _L Record Status History (4) ! i Rela~d Records !_1 Renewallnfo I J Sta_~s 1 ;_ _:rmsJ A_cc~urits (O}
Status
Active
Retired
Have a nice day,
Dorlisa Quenga
APC AIDE
Phqne 858-586-2636/2600
Fax 858-586 -2601
Dorlisa.Quenga@sdcounty.ca.gov
APCD ~-~-
Al PDllDTI C UL IITIIICT
GDU nv OF AN .HGD:
Updated Date Status Date
01/08/2021 01/08/2021
om11202-o on1112020
From: Jesse Castaneda <Jesse.Castaneda@carlsbadca.gov>
Sent: Friday, January 08, 202111:44 AM·
To: Quenga, Dorlisa <Dorlisa.Quenga@sdcounty.ca .gov>
1
Action By
borlrsa Queng,a
Cyntllia Gould
Updated By
DQUENGM
CGOULD
Cc: Roy, Laika <Laika.Roy@sdcounty.ca.gov>
Subject: RE: City of Carlsbad APCD2014-PTO-002119/ APCD2006-PTO-982656
Hi Dorlisa;
Per our conversation on January 6th 2021 in regards to the reinstatement of Operating permit APCD2014-PTO-002119 at
2359 Carlsbad Blvd Carlsbad CA 92008
That was canceled by mistake, can you please send me an update on the processes.
Call me if you have any questions my work number is 760-603-7337 or my cell 760-802-8200
Thank you
Jesse Castaneda
Public Works
Utilities Supervisor
5950 El Camino Real
Carlsbad, CA 92008-8802
Jesse.Castaneda@carlsbadca.gov
760-438-2722 x7137
760-431-2658 f
From: Quenga, Dorlisa <Dorlisa.Quenga@sdcounty.ca.gov>
Sent: Wednesday, January 6, 2021 2:23 PM
To: Jesse Castaneda <Jesse.Castaneda@carlsbadca.gov>
Cc: Roy, Laika <Laika.Roy@sdcounty.ca.gov>
Subject: City of Carlsbad APCD2014-PTO-002119/ APCD2006-PTO-982656
Importance: High
Hello Jesse,
Per our phone conversation, please attach the previous correspondences with APCD concerning the permits we spoke
about.
Per permit #APCD2006-PTO-982656-As per our phone conversation, to retire your permit(s), just fill out the attached
form and return it via email: apcdpermits@sdcounty.ca .gov .
@Roy, La ika-This pertains to the email from Jorge Lopez yesterday.
Have a nice day,
Dorlisa Quenga
.APC AIDE
Phone 858-586-2636/2600
Fax 858-586-2601
Dorlisa.Quenga@sdcounty.ca .gov
2
APCD --------------Sin DIIIO cu~,,
Air PoDutiDD C Di tricl
March 10, 2021
JESSE CASTANEDA
CITY OF CARLSBAD
5950 EL CAMINO REAL
CARLSBAD CA 92008
ATTACHMENT D
SETTLEMENT OFFER
RE: NOTICE OF VIOLATION NUMBER APCD2021-NOV-000008; APCD2021-NOV-000009
Location of Violation:
Rule/Section Violated:
Dear Jesse Castaneda:
2359 Carlsbad Blvd, Carlsbad, CA 92008; 4155 Harrison St, Carlsbad, CA 92008
l0(a/b); 21; 21
The San Diego County Air Pollution Control District (District) issued Notices of Violation No. APCD2021-
NOV-000008 & APCD2021-NOV-000008 (copies attached) to CARLSBAD CITY OF for the following
reason(s):
On December 30, 2020, a District inspector discovered the failure to maintain the air pollution
control equipment, a two-stage biological odor scrubber, in full operational condition while the
process equipment was in operation at the 'Fox's Landing Sewer Lift Station' located at 4155
Harrison St resulting in APCD2021-NOV-000009. Specifically, the wastewater pump station
has no proof the odor scrubber was operational or non-operational from April 14, 2020 to May
30, 2020 due to records not properly maint.ained indicating the date, duration and purpose of an
outage or usage. There were no hydrogen sulfide concentration readings documented at the
outlet of the control device for the same duration of time.
The District notes your response dated January 22, 2021 indicating the new odor reduction
system was installed in March 2020 and the new lift station with the new odor reduction system .
began operating on April 21 , 2020. Additionally, you note that on April 14, 2020 the City of
Carlsbad submitted a request to retire the previous Permit to Operate (APCD2005-PTO-
977904), and that this was intended to notify the District that the old lift station was no longer in
use. However, the Construction Completion Notice (CCN) submitted on May 22, 2020 by City
of Carlsbad staff indicates construction was completed on May 27, 2020. Be aware that
Authmity to Construct APCD2015-APP-004163 did not allow operation of the new equipment
until the CCN was submitted to the District. An email was sent to the City of Carlsbad on Jan
22, 2020 from Permitting regarding APCD2015-APP-004163 specifically saying the "Authority
to Construct was being extended, but also the email was not acting as an Authority to Construct
or Permit to Operate. That the installation and/or operation ofthis equipment without written
authorization is subject to fines."
A second routine District inspection also occurred on December 30, 2020 at the 'Homeplant Lift
Station' located at 2359 Carlsbad Blvd (APCD2005-SITE-05521) which discovered the
operation of a John Deere emergency engine without proper authority. Specifically, at the
request of the site, the previous permit for this engine (APCD2014-PTO-002 I 19) was retired on
07/17/20 and continued to operate from that date until the date of inspection, for a total of 5.5
10124 Old Grove Rd. -San Diego -California 9213 1-1649 -(858) 586-2600
FAX (858) 586-2601 -Smoking Vehicle Hotline -1-800-28-SMOKE
www.sdapcd.org
JESSE CASTANEDA CITY OF CARLSBAD -2-March I 0, 2021
months ofunpetmitted use. The District notes your response that the wrong emergency generator permit number was retired and corrected the error within a week of the violation.
Penalties for such violations are determined according to the California Health & Safety Code and can include civil penalties ofup to $10,000 for each day of each violation. The amount of the District's settlement offer specified below takes into account the magnitude and severity of the violation, as well as the prior history of violations of a similar nature. The District also considers, if relevant, how well equipment was maintained, whether control equipment was unproven or innovative, and any action taken to mitigate the violation, including any quick cleanup or construction. For more information on the District's Violation Settlement Program, please see http://www.sdapcd.org/content/sdc/apcd/en/compliance-programs/Violation Information.html.
The District would like to settle this matter without going to court. Based on currently available information, I am authorized to settle this matter as follows:
I.Payment of a civil penalty in the amount of $2200.
2.Upon receipt of the payment, CARLSBAD CITY OF shall be released from any and all claims by theDistrict for civil or criminal penalties arising out of the violations of District Rules and air quality lawsreferred to in the Notice of Violation. However, such release does not relieve CARLSBAD CITY OFfrom complying with the regulations of other government agencies, and it does not address or resolveviolations ofregulations which may be enforced by any other agency.
3. Settlement of this matter shall not constitute an admission ofliability in any administrative or judicialproceeding, nor shall evidence of the settlement be admissible in any such proceeding.
4.However, the District reserves the right to prove the alleged violation in connection with any petition fora variance, permit revocation, or abatement order before the District Hearing Board, or to rely on thealleged violation in connection with the determination of the appropriate penalty in the event similarNotices of Violation are issued in the future. Similarly, at any such time you could present info1mationyou have regarding the alleged violations.
If you would like to discuss this matter or provide additional infotmation for consideration, you may contact me at (858) 229-0106 or at julie.byford@sdcounty.ca.gov. You may also request an office conference with me.
If you would like to pay by major credit card, please call (858) 586-2600 and ask for the Accounting Division. If you would like to pay by check, please write the reference number, APCD2021-NOV-000008 & APCD2021-NOV-000009, on your check, and send payment to:
ATTENTION: Accounting San Diego County Air Pollution Control District 10124 Old Grove Road San Diego, CA 92131
If we do not hear from you within 25 days, we will assume that you are not interested in resolving this matter. Violations that cannot be settled may be referred for litigation.
Sincerely,
JlU-il� Julie Byford Civil Actions Investigator
Enclosure
IF YOU HA VE ANY LEGAL QUESTIONS REGARDING SETTLEMENT, PENAL TIES, OR PROCEDURES, YOU MAY SEEK THE ADVICE OF AN ATTORNEY.
Reference Number: APCD2021-NOV-000008 & APCD2021-NOV-000009