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Home My WebLink About2021-11-18; Air Pollution Control District Notice of Violation Update (District 2); Gomez, PazTo the members of the: CITY COUNCIL Oate Ulillz!. CA ✓cc ✓ CM ___,}i.c:M __ VocM {3) ~ Nov. 18, 2021 CMWD Board Memorandum To: Carlsbad Municipal Wa r Di trict Board of Directors From: Paz Gomez, Deputy City r, Public Works Vicki Quiram, General Man~..,. .. Via: Scott Chadwick, Executiv r Ccarlsbad Municipal Water District Memo ID# 2021217 Re: otice of Violation Update (District 2) This memorandum provides an update to a Carlsbad Municipal Water District (CMWD) Board Memorandum dated Oct. 21, 2021, 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 (Attachment A) and includes information on the $500.00 settlement agreement. Background On Oct. 12, 2021, APCD staff inspected the city's permitted water facility at the Maerkle Reservoir and issued APCD2021-NOV-000669 regarding preventative maintenance of an emergency generator. The NOV was issued because the CMWD annual oil change on the generator occurred 11 days after the due date of Dec. 31, 2020. Discussion Penalties for APCD violations can include civil penalties of up to $10,000 per day. However, the APCD can evaluate the nature of a violation and offer a settlement agreement option. The CMWD had scheduled this maintenance activity to be completed on Nov. 5, 2020, by the city's contractor, Hawthorne Power Systems, or Hawthorne. The violation at Maerkle (NOV-000669) is related to a scheduling conflict that happened with a small coolant leak on the emergency generator, which prevented Hawthorne from doing a load bank test and annual maintenance that was scheduled for Nov. 5, 2020. Around that time, 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 amounted to an APCD violation because the maintenance occurred outside of calendar year 2020. There were no violations of air quality standards. On Oct. 25, 2021, the CMWD sent a written request for reconsideration of the NOV (Attachment B). The APCD responded with a Settlement Offer, dated Nov. 16, 2021, (Attachment C) authorizing to settle the matter with a payment of a civil penalty in the amount of $500. Upon receipt of the payment, the CMWD would be released from any and all civil or criminal penalties arising out of the violations of the APCD rules and air quality laws referred to in the NOV. 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 Update (District 2) Nov. 18, 2021 Page 2 Current and future preventative maintenance In August 2021, staff changed to a different contractor, Duthie Power Services, that is qualified to perform the regular quarterly preventative maintenance. In the scope of work for this current contract, the CMWD changed the timing of the oil services to ensure that the oil replacement requirement is met earlier in the year, which will ensure compliance during the calendar year. Next Steps The CMWD will remit $500 to the APCD to settle the matter. Attachments: A. CMWD memorandum dated Oct. 21, 2021 B. CMWD response letter dated Oct. 25, 2021 C. APCD Settlement Offer letter dated Nov. 16, 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 To the members of the: CITY COUNCIL Date lo!2.,j21 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) ATTACHMENT A (carlsbad 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 schedulirig 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 l<ristina 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, 101 24 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 Inspector Signature: Received by: Eric Sanders Digitally signed by Eutsler, Nicholas Date: 2021.10.12 16:39:31 -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 PENAL TIES AND THE DISTRICT'S VIOLATION SETTLEMENT PROCESS. APC804 v0.30 Site Record ID: APCD1992-SITE-08319 SITE Sector: C/01 PM Page2 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 allegediy 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 Oct. 25, 2021 Air Pollution Control District Attn: Compliance Division 10124 Old Grove Road San Diego, CA 92131-1649 ATTACHMENT B (Carlsbad Municipal Water District by email: apcdcomp@sdcounty.ca.gov RE: Response to Notice of Violation (NOV} APCD2021-NOV-000669-Carlsbad Municipal Water District, 5200 Sunny Creek Rd, Carlsbad, CA 92010 In accordance with the NOV reporting requirements, Carlsbad Municipal Water District {CMWD) investigated the NOV APCD2021-NOV-00669 dated Oct. 12, 2021, to determine the reasons behind an 11-day delay in the annual oil change and air filter service scheduled at 5200 Sunny Road, Carlsbad, 92010. The following steps have been taken: • The CMWD reviewed the Engine Maintenance Quarterly Reports and confirmed the annual oil and filter change scheduled for December 2020 was delayed due to the contractor's staffing problems and parts delays due to COVID-19. This delayed the scheduled service until Jan. 11, 2021. • The CMWD confirmed with maintenance records that "no" engine operations occurred between Dec. 31, 2020, and the actual oil/filter change on Jan. 11, 2021. • The CMWD confirmed that there were "no" emissions emitted between Jan. 1, 2021 and Jan. 11, 2021 as shown in Attachment B. As a part of the service, the generator was operated for 10 minutes on January 11. • The CMWD confirmed through a review of records that each oil change requires approximately 11 gallons of new oil. • The CMWD confirmed through a review of records that less than six engine maintenance hours were logged using the calendar year 2020 engine oil/filter. • Hawthorne Power System's COVID-19-related staffing and parts issues resulted in a three-week delay from their scheduled fourth quarter oil and filter change, as explained by Hawthorne in Attachment C. • The oil and filter service is scheduled and will occur in the last quarter of 2021. This request for reconsideration of the NOV is submitted based on the documents and narrative provided above. Carlsbad Municipal Water District 5950 El Camino Real I Carlsbad, CA 92008 I 760-438-2722 I www.carls badca.gov Notice of Violation APCD2021-NOV-000669 Response Oct. 25, 2021 Page 2 Please contact Eric Sanders, Utilities Manager at 760-438-2722, eric.sanders@carlsbadca.gov or myself at 760-443-7307, Vicki.Quiram@carlsbaca.gov if you have any questions or require additional information. Vicki Quiram General Manager Attachments: A. ACPD2021-NOV-00669 dated Oct. 12, 2021 B. Maerkle Generator Schedule/Log C. Correspondence Hawthorne Power Systems dated Oct. 19, 2021 cc: Paz Gomez, Assistant City Manager, Public Works Robby Contreras, Assistant General Counsel Eric Sanders, Utilities Manager Andrew Wilson, Water Operations Supervisor ATTACHMENT A APC D2021-NOV-000669 AIR POLLUTION CONTROL DISTRICT ----------------10124 Old Grove Road San Diego, CA 92131 PHONE (858) 586-2650 NOTICE OF VIOLATION Sector: C/01 APCD2005-PTO-910824 APCD USE ONLY 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: 10/1 2/2021 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 VIOLA TION(S) OR THE REASON(S) YOU BELIEVE THE VIOLA TION(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, I Nicholas I ~;1.~~~021.10.1 2 16:39:31 i 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 PENAL TIES AND THE DISTRICT'S VIOLATION SETTLEMENT PROCESS. APC804 v0.30 Site Record ID: APCD1992-SITE-08319 SITE Sector: C/01 PM Page2 =- ATTACHMENT B Maerkle Generator Schedule Scheduled Run Time Power Failure Run Time Month Date Start End Start End Date Start End Start End Total Hours Time Time Hours Hours Time Time Hours Hours ~\~~➔ :@34567 7.·2D·2.D 1135 1205 '3\1.~ 317,4, -- 89101112 . 12G4561 ---,; 89101112 :S·3·2D OC,DC) 0930 3t7.Y '3\B.D 123@}567 ~-27·26 0~3C> IDDO 3\E,,0 "3lB.5 89101112 ~~~·r 1234~67 5. \(\.2C> \DD5 ,~1s 3lt\-5 3 \q .~ r,Hl'rl. 89101112 12345(§)7 6• 15 ·26 IlJU) l '-f 5o 3 JC,,O :Slci.5 89101112 1234560 7-(5-2.D \L\06 1~'30 3lC\. 5 32D.D 89101112 .. ~,.t. 1234567 1037 1\07 320.0 '320.f:> IV\4-:~1 . @9101112 8-5·2o 1234567 1·.2. io 105~ '3,Zo.5 321.0 8®101112 l\C', - 1234567 I~~ 15CO 321.a 3 2}-5 89@)1112 l6·15-2D 1234567 10:,0 32\.5 322.0 8 9 106) 12 I\·'!£>. z.c \\00 1234567 11145 891011@ 12-ZI· 2t. 1515 322.0 3zz.S H~.i,.1-{!)234567 1· 11 · 2\ ll'lo 113D 37,'l. 5 ~22. 7 ~~-89101112 1,01.. \ HAWTHORNE Im October 19, 2021 Eric Sanders Carlsbad Municipal Water District Utilities Manager 5950 El Camino Real Carlsbad, CA 92008 Eric.Sanders@carlsbadca.gov Hawthorne Power Systems Mail 16945 Camino San Bernardo San Diego, CA 92127 RE: 2020 Generator Annual Lubrication Service Dear Mr. Sanders, We have reviewed our records and have found the following: ATTACHMENT C On 11/4/2020 Hawthorne postponed the Annual Lubrication Service which includes oil change and filter(s) change. An annual load bank test was also scheduled on this date. These services were postponed in order to include the repair of a coolant leak with the Annual Lubrication Service. The proposal to perform the coolant leak was provided to CMWD on 11/14/2020 On 12/8/2020 Hawthorne received the PO from CMWD to perform the coolant leak repair. The coolant leak repair and the Annual Lubrication Service, as well as the Load Bank Test were scheduled to be performed on 12/16/2020 and 12/17/2020. On 12/14/2020 I emailed Hawthorne Power Systems' Service Manager and informed him that I had informed Andrew Wilson of CMWD that Hawthorne was forced to postpone the 12/16/2020 and 12/17/2020 service due to COVID-19 related issues. In particular, the Technicians that were assigned to this service were in quarantine in conformance with CDC guidelines. This caused the service to be postponed until 1/11/2021 when the service was actually performed. During this time, parts delays were also experienced due to COVID-19. Hawthorne Power Systems remains at your disposal for any additional information or assistance that you may require. Please feel free to call me 858-583-0027. Respectfully E f Abeytev Elizabeth Fernandez Abeyta San Diego County Air Pol lu tion Contro l District November 16, 2021 ERIC SANDERS CARLSBAD CITY OF MUNICIPAL WATER DISTRICT 5200 SUNNY CREEK RD CARLSBAD CA 92010 RE: NOTICE OF VIOLATION NUMBER APCD2021-NOV-000669 Location of Violation: Rule/Section Violated: Dear Eric Sanders: 5200 Sunny Creek Rd, Carlsbad, CA 92010 21, 40 CFR 63.6603(a), 69.4.l(f)(2) ATTACHMENT C SETTLEMENT OFFER The San Diego County Air Pollution Control District (District) issued Notice of Violation No. APCD2021-NOV-000669 (copy attached) to Carlsbad City Of Municipal Water District for the following reason(s): On October 12, 2021, a District inspector discovered a failure to conduct preventative maintenance (PM) for calendar year 2020. Although this is a repeat violation of the 2019 inspection, the District notes your violation response and confirmation preventative maintenance occurred Jan 11, 2021, after scheduling the PM for December 2020 proved problematic due COVID-19 delays. 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 Infonnation.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: 1. Payment of a civil penalty in the amount of $500. 2. Upon receipt of the payment, Carlsbad City Of Municipal Water District shall be released from any and all claims by the District for civil or criminal penalties arising out of the violations of District Rules and air quality laws referred to in the Notice of Violation. However, such release does not relieve Carlsbad City Of Municipal Water District from complying with the regulations of other government agencies, and it does not address or resolve violations of regulations which may be enforced by any other agency. 3. Settlement of this matter shall not constitute an admission of liability in any administrative or judicial proceeding, nor shall evidence of the settlement be admissible in any such proceeding. 10124 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 Eric Sanders November 16, 2021 Carlsbad City Of Municipal Water District -2- 4. However, the District reserves the right to prove the alleged violation in connection with any petition for a variance, permit revocation, or abatement order before the District Hearing "Board, or to rely on the alleged violation in connection with the determination of the appropriate penalty in the event similar Notices of Violation are issued in the future. Similarly, at any such time you could present information you have regarding the alleged violations. If you would like to discuss this matter or provide additional information for consideration, you may contact me at (858) 229-0106 or at julie.byford@sdapcd.org. 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- 000669, 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, J \)J_,Q~ Julie Byford Civil Actions Investigator Enclosure IF YOU HAVE ANY LEGAL QUESTIONS REGARDING SETTLEMENT, PENALTIES, OR PROCEDURES, YOU MAY SEEK THE ADVICE OF AN ATTORNEY. Reference Number: APCD2021-NOV-000669