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Home My WebLink About2019-12-13; Air Pollution Control District Notices of Violation; Gomez, PazTo the members of the: CllY COUNCIL Date 12 J 13J~cA ✓ cc / CM_Jcoo_coo /ocM(3)~ Dec. 13,2019 To: From: Via: R';!: ,; ' Council Memorandum Honorable Mayor. Hall and Members of the City Council Paz Gomez, Deputy City Manager, Publicfl' s Elaine Lukey, Chief Operations Officer Air Pollution Control District Notices of iolation {city of Carlsbad Memo ID# 2019146 This memorandum provides information related to receipt of six Notices of Violation (NOVs) from the San Diego Air Pollution Control District (APCD) following an inspection of permitted wastewater facilities. Background APCD performs annual inspections of permitted wastewater facilities. On Nov. 19, 2019, APCD performed their 2019 annual inspections with Utilities Department wastewater staff. The inspections were performed by an APCD inspector who had not previously inspected our facilities until this Nov. 19, 2019 inspection. The inspector issued four NOVs at lift stations, one NOV for storage of a portable generator and one construction related NOV. Prior to these NOVs and since 2011, the Wastewater Division of the Utilities Department had received a total of eight NOVs, four of which were dismissed for inspector misinterpretation of an APCD rule. The attachment includes a summary of each of the six NOVs. While preliminary responses have been submitted to APCD to meet the 10-day response requirement, the Utilities Department is in the process of working closely with APCD on each of the NOVs, asking questions, gathering data and responding to the alleged violations to either appeal or correct the situations. A summary of each NOV is provided below: Foxes Landing Lift Station: Violation Noted-Failure to record measurements of hydrogen sulfide concentration for a minimum of five days per week. Response/Action -During the period cited (14 months), out of approximately 294 required entries, the inspector identified eight days of missing entries or 2. 7% of the total entries (i.e., 97.3% recorded). The wastewater supervisor has established additional checks and balances and discussed the importance of following the standard operating procedures with staff members to ensure that no entries are missed in the future. Utilities Department 5950 El Camino Real I Carlsbad, CA 92008 I 760-438-2722 Honorable Mayor Hall and Members of the City Council Dec. 13,2019 Page 2 Cannon Lift Station: Violation Noted-Failure to record measurements of hydrogen sulfide concentration for a minimum of five days per week. Response/Action -During the period cited (19 months), out of approximately 380 required entries, the inspector found 15 days of missing entries or 3.9% of the total entries (i.e., 96.1% recorded). The wastewater supervisor has established additional checks and balances and discussed the importance of following the standard operating procedures with staff members to ensure that no entries are missed in the future. Violation Noted-Owner failed to change the generator's oil and filter during 2018. Response/Action -Utilities Department has an existing contract with Hawthorne . Generators that required them to perform quarterly inspections and service to this station's generator. Staff has located the work orders for the materials, oil and filters that were used by Hawthorne Generators to perform this work in 2018, but Hawthorne Generators did not leave documentation with proof of the oil changes at the station. Staff is working with Hawthorne Generators to locate the documentation and provide it to APCD. Poinsettia Lift Station: Violation Noted-Owner failed to change the generator's oil and filter during 2018. Response/Action -Utilities Department has an existing contract with Hawthorne Generators that required them to perform quarterly inspections and service to this station's generator. Staff has located the work orders for the materials, oil and filters that were used by Hawthorne Generators to perform this work in 2018, but Hawthorne Generators did not leave documentation with proof of the oil changes at the station. Staff is working with Hawthorne Generators to locate the documentation and provide it to APCD. Utilities Yard -Emergency Portable Generator: Violation Noted-The portable generator was used at one site for greater than one year. Response/Action -The city's certificate of registration with APCD for this emergency portable generator shows the utilities yard on El Camino Real as the storage location of the portable generator. The generator is not used except for in emergencies and is stored at the yard until it is deployed to a station during a power outage. All APCD required maintenance is also performed at the yard. The APCD rules read that the storage area should not be counted toward days of operation. Staff is presenting this information to APCD in appeal of the violation. Foxes Landing Lift Station -Construction Related: Violation Noted-Installation of two stationary engines without written authority from APCD since Jan. 30, 2018. Response/Action'""" The generators are related to the ongoing construction project at Foxes Landing Lift Station. Per contract with the construction contractor, compliance with these regulations is the responsibility of the contractor. Honorable Mayor Hall and Members of the City Council Dec. 13, 2019 Page 3 Attachment: Table -APCD NOVs related to the Nov.11, 2019 Wastewater Inspections cc: Scott Chadwick, City Manager Celia Brewer, City Attorney Laura Rocha, Deputy City Manager, Administrative Services Vicki Quiram, Utilities Director Cindie McMahon, Assistant City Attorney Babaq Taj, Interim Transportation Director Amanda Guy, Deputy City Attorney Ken Knatz, Engineering Manager Address VIONo. Date of NOV Foxes Landing Lift 1 APCD2019-NOV-001048 11/26/2019 Station 2 Utilities Yard -Portable C APCD2019-NOV-001049 11/26/2019 3 Cannon Lift Station APCD2019-NOV-001050 11/26/2019 4 Cannon Lift Station APCD2019-NOV-001050 11/26/2019 5 Poinsettia Lift Station APCD2019-NOV-001051 11/26/2019 6 Foxes Landing Lift Station APCD2019-NOV-001054 11/27/2019 SAN DIEGO APCD NOTICES OF VIOLATION following the NOV. 11, 2019 INSPECTION Date of Violation Law Type Category Section Start End 4/29/2018 6/22/2019 District Rules Permit to Operate 21 1/1/2018 11/19/2019 District Rules Permit to Operate lO(a/b) 1/1/2018 8/17/2019 District Rules Permit to Operate 21 District Rules Permit to Operate 21 1/1/2018 8/17/2019 Fed NESHAPS/NS Title 40: Prot of 40 CFR PS Env 63.6603(a) District Rules District Registration 129(e)(4)(i) 1/1/2018 11/19/2019 Fed NESHAPS/NS Title 40: Prot of 40 CFR PS Env 63.6603(a) 1/30/2018 n/a District Rules Permit to Operate 10(a/b) Description No. Description Failing to record the hydrogen sulfide concentrations at least APCD2006-PT0-90110 five days per week. Specifically, the operator failed to record the hydrogen sulfide concentrations (in PPMV) at least five Condition 3 times per week during multiple weeks from April 2018 to June 2019 For owning and operating a 2013 lsuza Flex Engine, Model BU- 4JJ1T, S/N 7206376, Family CSZXL03.0UTB as a stationary n/a engine without authority from the district. Specifically, the engine listed above was used exclusively at one location since at least 1/1/18 (>12 months) without authority from the district Failing to record the hydrogen sulfide concentrations at least APCD2006-PT0-980110 five days per week. Specifically, the operator failed to record Condition 3 the hydrogen sulfide concentrations (in PPMV) at least five times per week during multiple weeks from Feb. 2018 to Aug. 2019 APCD2006-PT0-980111 Operator failed to change oil and filter or test with oil analysis program. Specifically, operator failed to change oil and filter for Condition 12 CY 2018 APCD2008-PT0-983251 Operator failed to change oil and filter or test with oil analysis program. Specifically, operator failed to change oil and filter for Condition 12 CY 2018 For installing and operating two stationary engines without written approval from the district. Specifically, a 2001 n/a Caterpillar Model: 3054, S/N 5YS11185 Tier 1, and 2011 John Deere Model: 4045TF285, S/N: PE4045L211118 were installed and operated at 4155 Harrison St., Carlsbad 92008 since 1/30/18 without written authority from the district