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Home My WebLink About2021-10-21; Air Pollution Control District Notice of Violation (District 2); Gomez, PazTo the members of the: CITY COUNCIL Date\ol2-•j2,cA /cc ~/ CM ~ACM /ocM {3)_lL Oct. 21, 2021 CMWD Board Memorandum To: Carlsbad Municipal Water District Board of Directors From: Paz Gomez, Deputy City Manager, Public Works Vicki Quiram, General Manager Via: Scott Chadwick, Executive Manage@ Re: Air Pollution Control District Notice of Violation (District 2) Ccarlsbad Municipal Water District Memo ID #2021196 This memorandum provides information related to receipt of a Notice of Violation {NOV) from the San Diego Air Pollution Control District (APCD) following an inspection of a permitted water facility. Background On Oct. 12, 2021, APCD staff inspected the city's permitted water facility at the Maerkle Reservoir and issued APCD2021-NOV-000669 (Attachment A) regarding preventative maintenance of an emergency generator. The APCD NOV was issued because the Carlsbad Municipal Water District's {CMWD) annual oil change on the generator occurred 11 days after the due date of Dec. 31, 2020. Discussion The CMWD had scheduled this maintenance activity to be completed on Nov. 5, 2020. Hawthorne Power Systems, or Hawthorne, the contractor that was required to perform the services in 2020, was unable to do it on that date and postponed the oil change service due to a small coolant leak that had to be repaired before they could do the oil change. Hawthorne delayed fixing the coolant leak due to delayed availability of parts and illnesses in the company as a result of COVID-19. Thus, the oil change occurred 11 days after the due date. Hawthorne will be sending the CMWD a letter to that effect, which will be included in the CMWD's written response to the APCD . There were no violations of air quality standards. A preliminary response to the APCD is being drafted to meet the required response date of Oct. 26, 2021. Staff will continue to work with the APCD to make sure a fair and reasonable conclusion can be reached. Carlsbad Municipal Water District 5950 El Camino Real I Carlsbad, CA 92008 I 760-438-2722 t Board Memo -Air Pollution Control District Notice of Violation (District 2) Oct. 21, 2021 Page 2 A summary of the NOV is as follows: Maerkle Reservoir: APCD Violation -Failure to conduct preventative maintenance on the emergency standby generator. Specifically, failing to change oil and filter or test in accordance with the oil analysis program within the 2020 calendar year. Response/Action The alleged violation is related to a scheduling conflict that happened with a small coolant leak on the emergency generator, preventing Hawthorne from doing a load bank test and annual maintenance that was scheduled for Nov. 5, 2020. Hawthorne was also dealing with the difficulty of getting parts and employees falling ill due to COVID-19. The annual oil change maintenance was done on Jan. 11, 2021, which was a violation because the maintenance occurred outside of calendar year 2020. In August 2021, staff changed contractors to Duthie Power Services, who is qualified to perform the regular quarterly preventative maintenance at a lower cost. In this current contract, the CMWD changed the oil services to occur on the first quarterly maintenance visit to ensure that the end-of-year requirement is met earlier in the year, even if other issues were to occur. Staff will also be closely monitoring these deadlines in the future. Next Steps Before the deadline of Oct. 26, 2021, staff will submit a response letter to the APCD detailing why the late inspection happened and actions the CMWD has taken to make sure this does not happen again. Staff will update the CMWD Board when feedback has been received from the APCD on the response letter. As there was no violation of air quality standards, staff expect a small administrative fine. Attachment: A. APCD Notice of Violation APCD2021-NOV-000669 dated Oct. 12, 2021 cc: Geoff Patnoe, Assistant Executive Manager Celia Brewer, General Counsel Laura Rocha, Deputy City Manager, Administrative Services Robby Contreras, Assistant General Counsel Ryan Green, Finance Director Kristina Ray, Communication & Engagement Director Dave Padilla, District Engineer Eric Sanders, Utilities Manager ATTACHMENT A APCD2021-NOV-000669 AIR POLLUTION CONTROL DISTRICT ----------------10124 Old Grove Road San Diego, CA 92131 PHONE (858) 586-2650 Sector: C/01 APCD2005-PTO-910824 APCD USE ONLY NOTICE OF VIOLATION Date(s) of Violation Start: 01/01/2020 End: 12/31/2020 Name: Carlsbad City Of Municipal Water District Violation Location: 5200 Sunny Creek Rd Date of Report: 10/12/2021 . Phone: 7604382722 City: Carlsbad Zip: 92010 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: Federal NESHAPS/NSPS Category: Title 40: Protection of Environment Section: 40 CFR 63.6603(a) Rule Description: you must comply with the requirements in Table 2d to this subpart and the operating limitations Equipment Type: [34C] Emergency Standby Engine Violation Type: Other Description Of Violation: Failing to conduct preventative maintenance on the Cummins Model: KTA19G3, S/N: 37146441 Diesel Engine. Specifically, failing to change oil and filter or test in accordance with the oil analysis program in 40 CFR §63.6625(i) or U) for calendar year 2020. Corrective Action Required: NA Law Type: District Rules Category: Permit to Operate Section: 21 Rule Description: Permit Conditions Equipment Type: [34C] Emergency Standby Engine Violation Type: Other Description Of Violation: Same as above. Corrective Action Required: NA Law Type: District Rules Category: Combustion Rules Section: 69.4.1 (f)(2) Rule Description: Conduct periodic maintenance of the engine and any add-on control equipment, as applicable Equipment Type: [34C] Emergency Standby Engine Violation Type: Other Description Of Violation: Same as above. Corrective Action Required: NA 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@sdcounty.ca.gov or ATTENTION: COMPLIANCE DIVISION, 10124 OLD GROVE RD , SAN DIEGO, CALIFORNIA 92131-1649. APC804 v0.30 Site Record ID: APCD1992-SITE-08319 SITE Sector: C/01 Page 1 Inspector Name: Nicholas Eutsler Eutsler, Inspector Signature: Nicholas Received by: Eric Sanders Digitally signed by Eutsler, Nicholas Date:2021.10.1216:39:31 -07'00' Email Address: eric.sanders@carlsbadca.gov Signature: Issued Electronically Date: 10/12/2021 Time: 4:39 Title: Uilities Manager Date: 10/12/2021 PLEASE SEE THE NEXT PAGE OF THIS FORM FOR INFORMATION ON CIVIL PENALTIES AND THE DISTRICT'S VIOLATION SETTLEMENT PROCESS. APC804 v0.30 Site Record ID: APCD1992-SITE-08319 SITE Sector: C/01 PM Page 2 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 WILL 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 v0.30 Site Record ID: APCD1992-SITE-08319 SITE Sector: C/01 Page 3