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HomeMy WebLinkAbout2020-01-10; Air Pollution Control District Notices of Violation Update; Gomez, PazTo the members of the: CITY COUNCIL {city of Carlsbad Date \ ID 20CA ~ CC J.L CM COO \/'DCM (3) ~ Council Memorandum Memo ID# 2020005 Jan. 10,2020 To: From: Via: Re: Honorable Mayor Hall and Members of the City Council Pa~ Gomez, Dep~ty City M_anager, _Publ ~orks Elaine Lu key, Chief Operations Officer lit- Air Pollution Control District Notices of Violation Update This memorandum provides an update related to six Notices of Violation (NOVs) from the San Diego Air Pollution Control District (APCD) following an inspection of permitted wastewater facilities. Background On Dec. 13, 2019, staff provided City Council a memorandum with notification of six NOVs received from APCD (Attachment A). Staff has been working with APCD staff to resolve the NOVs. Discussion A summary of each NOV's update 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. Update -Staff sent APCD a letter with additional information on Dec. 20, 2019 regarding APCD 2019-NOV-001048 (Attachment B). Cannon Lift Station: Violation Noted-Failure to record measurements of hydrogen sulfide concentration for a minimum of five days per week. Update -Staff sent APCD a letter with additional information on Dec. 20, 2019 regarding APCD2019-NOV-001050 (APCD2006-PTO-980110) (Attachment C). Violation Noted-Owner failed to change the generator's oil and filter during 2018. Update -Staff sent APCD a letter on Dec. 20, 2019 regarding APCD2019-NOV-001050 (APCD2006-PTO-980111) with additional information showing that the oil was changed during 2018 (Attachment D). Poinsettia Lift Station: Violation Noted-Owner failed to change the generator's oil and filter during 2018. Update -Staff sent APCD a letter on Dec. 20, 2019 regarding APCD2019-NOV-001051 with additional information showing that the oil was changed during 2018 (Attachment E), Public Works Branch Utilities Department 5950 El Camino Real I Carlsbad, CA 92008 I 760-438-2722 Honorable Mayor Hall and Members of the City Council Jan. 10, 2020 Page 2 Utilities Yard -Emergency Portable Generator: Violation Noted-The portable generator was used at one site for greater than one year. Update -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. Staff's interpretation of APCD Rule 12.1 (c)(13)is 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. Update -APCD provided staff a draft compliance agreement and general release, which was signed by the city manager on Jan. 2, 2020 (Attachment F). A negotiated fine of $5,000 will be paid upon acceptance of the agreement by APCD. The contractor replaced a noncom pliant engine on Dec. 31, 2019. The contractor is working with its vendor to prepare a permit application for stationary use of the two engines that were previously not properly permitted by the contractor. Staff is working on a change order that will recoup the fine amount from the contractor under the terms of their contract. Next Steps Staff will work closely with the contractor to prepare the permit application for stationary use of the engine at Foxes Landing Lift Station. Staff will also work with the contractor to ensure completion of requisite work prior to Feb. 29, 2020. If the contractor cannot meet the completion date of Feb. 29, 2020, staff will work with APCD to extend the date of compliance which may result in an additional fine. Staff will pay the $5,000 fine to APCD in January 2020 (or before the 30-day deadline.) Attachments: A. Council Memorandum dated Dec. 13, 2019 B. Utilities Director letter dated Dec. 20, 2019 on APCD2019-NOV-001048 C. Utilities Director letter dated Dec. 20, 2019 on APCD2019-NOV-001050 (APCD2006-PTO-980110) D. Utilities Director letter dated Dec. 20, 2019 on APCD2019-NOV-001050 (APCD2006-PTO-980111) E. Utilities Director letter dated Dec. 20, 2019 on APCD2019-NOV-001051 F. Signed compliance agreement and general release dated Jan. 2, 2020 cc: Scott Chadwick, City Manager Celia Brewer, City Attorney Laura Rocha, Deputy City Manager, Administrative Services Vicki Quiram, Utilities Director Tom Frank, Transportation Director Honorable Mayor Hall and Members of the City Council Jan. 10, 2020 Page 3 Cindie McMahon, Assistant City Attorney Amanda Guy, Deputy City Attorney Ken Knatz, Engineering Manager Babaq Taj, Engineering Manager To the members of the: CITY COUNCIL Date ~CA J CC / CM_Jcoo7_coo ✓DcM (3)~ Dec. 13, 2019 Council Memorandum To: Honorable Mayor.Hall and Members of the City Council From: Paz Gomez, Deputy City Manager, Publicl2' s Via: Elaine Lu key, Chief Operations Officer R~: Air Pollution Control District Notices of iolation ATTACHMENT A {cityof 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 w_hich 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 20l8, 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 1 2 3 4 5 6 Address VIONo. Date of NOV Foxes Landing Lift APCD2019-NOV-001048 11/26/2019 Station. Utilities Yard -Portable c APCD2019-NOV-001049 11/26/2019 Cannon Lift Station APCD2019-NOV-001050 11/26/2019 Cannon Lift Station APCD2019-NOV-001050. 11/26/2019 Poinsettia Lift Station APCD2019-NOV-0010Sl 11/26/2019 Fo.xes Lan ding Lift APCD2019-NOV-001054 11/27/2019 Station 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 DJstrict Rules· Permit.to Operate 21 District Rules Permit to Operate 21 1/1/2018 8/17/2019 Fed Title 40: Prot of 40 CFR NESHAPS/NS Erv 63,6603(a) PS District Rules District 129(e)(4)(i) Registration 1/1/2018 11/19/2019 Fed Title 40: Prot of 40 CFR NESHAPS/NS· Env 63.6603(a) PS 1/30/2018 n/a District Rul~ Permit to Operate 1D(a/,b) Description No. Description Failing to record the hy_drogen-sulfide concentrations at least APCD2006-PT0-90110 five.days P!!t week. Specifically, the operator failed to record ' the hydrogen•sulfide concentrations (in PPMV) at least five Condition 3 -times per wee'k during multiple weeks from April 2018 to June . 2019 For owning and operating a 2013 lsuza Flex Engine, Model BU- 4JJlT, 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 FaUing to record the hydrogen sulfide concentrations at least APCD2006-PT0-980110 five days per "'(eek, SpeciflcalJy, the operator failed to record Condition 3 the hydroge[l sulfide concentra.tions (in PPMV)'at least five tim.es per week dwing 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, operatodailed 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 CY2018 For installing and operating two statio,..ary engines without written app.roval from the district. Specifically, a.2001 n/a Caterpillar !ylodel: 3054, S/N SYS11185 Tier 1, and 2011 John Deere Model: 4045TF285, S/N: PE4045L211118 were installeiJ arid operated at 4155 Harrison St., Carlsbad 92008 since 1/30/18 without written authority from the district -·-·-·--· .. ~ .. ~-·-·"'·-··~·~--==------------------------------------------ Dec. 20, 2019 Mr. Nicholas Eutsler Air Pollution Control District 10124 Old Grove Road San Diego, CA. 92131 ATTACHMENT B ( City of Carlsbad RE: ADDITIONAL INFORMATION REGARDING NOTICE OF VIOLATION APCD2019-NOV-001048 Dear Mr. Eutsler: On Nov. 26, 2019, Air Pollution Control District (APCD) inspector Nicholas Eutsler issued the Notice of Violation (NOV) referenced above at the City of Carlsbad Foxes Landing Sewer Lift Station site (Foxes). This letter is to amend the Dec. 6, 2019 response letter with additional information for your consideration. The NOV relates to the operator failing to record the hydrogen sulfide (H2S) concentrations at least five times per week during multiple weeks from April 2018 to June 2019. The city takes the referenced APCD action seriously and will continue to work with APCD to ensure any violation of APCD's permitting requirements is promptly remedied. The APCD permit for Foxes requires that H2S concentrations be tested and recorded on a log at the site five times a week. The city's understanding is APCD issued the NOV because there were multiple weeks during the period April 2018 to June 2019 where H2S concentrations were not recorded five times. The city's wastewater operators are trained to follow a standard inspection routine each time they inspect a station, with a goal of 100%.compliance with APCD regulations, including the recording of H2S concentrations five times per week. To understand the magnitude and cause of the recording oversight and develop a plan to assure 100% compliance, the city reviewed the records at Foxes and examined our procedures with the operators. The city found the H2S readings were not recorded on nine days (2.8%) of the 325 required reading days during the period in question (April 2018 to June 2019) (Attachment 1). The operators indicated that reading the H2S monitors and immediately · reporting any readings above the APCD limit is part of their standard procedures. On the nine days not recorded, the city has work orders showing that the operators performed site inspections and the operators feel strongly that the H2S monitors were likely read. However, other station inspection priorities, such as alarms and pump issues, may have caused inadvertent missed entries. This data seems to support the conclusion that the missing entries were unintentional oversights rather than regular practice. Public Works Branch Utilities Department 5950 El Camino Real I Carlsbad, CA 92008 I 760-438-2722 t Mr. Eutsler December 20, 2019 Page 2 To assure that all readings are recorded in compliance with APCD requirements, the division is making changes to the odor control testing log and processes as outlined below. • On Jan. 1, 2020, a new odor control testing log (Attachment 2) that highlights the dates when readings must be recorded will be utilized at all stations. • Each week, one of the operators will review the recordings weekly and initial the log. • The operators will add the H2S reading to the weekly work order assigned to the lift station, which will serve as backup to the H2S form. • During the first quarter of 2020, the Standard Operating Procedure (SOP) will be reviewed and revised, if needed, to assure that it is up to date on the recording practice. The SOP will be distributed to and reviewed with staff. • The city's goal is to create an app to be used for electronic inspection documentation. Electronic inspections will make it easier to identify missing information remotely and · ensure timely corrections. The Utilities Department will work with the city's Information Technology Department to begin this effort in 2020. The city appreciates this opportunity to supply APCD with additional information about the circumstances underlying the NOV. Prior to Nov. 26, 2019, the City of Carlsbad does not have a history of violations with APCD related to failing to record H2S concentrations. The city is committed to managing its APCD permitted sites in a manner that assures environmental stewardship and public safety and looks forward to continuing to work cooperatively with APCD to resolve APCD's permitting concerns. If APCD needs additional information or has questions, please feel free to contact me at 760-438-2722 or by email at vicki.guiram@carlsbadca.gov or Jesse Castaneda at 760-603-7317 or by email at iesse.castaneda@carlsbadca.gov. Respectfully, · t4· tf tflu~ Vicki V. Quiram Utilities Director Attachments: 1. Dates of the H2S missed recordings 2. Updated Calgon Odor Control Testing sheet 3. Notice of Violation APCD2019-NOV-001048 VQ:jb cc: Paz Gomez, Deputy City Manager Public Works Branch · Cindie McMahon, Assistant City Attorney Jesse Castaneda, Utilities Supervisor WASTEWATER LIFT STATION CHECICS DONE FIVE (5) DAYS EACH WEEIC FOX'S LIFT STATION Violation #APCD2019~NOV-001048 Period: 4/1/2018 -6/30/2019 Mjssed C,hecks PERCENTAGE 5 days per week = 65 Weeks = 325 Days 9 Missed Checks + 325 = 2.7% May4,2018 May 5, 2018 May 6, 2018 August 19, 2018 August 27, 2018 September 26, 2018 April 29, 2019 May 4, 2019 Jun·e 19, 2019 Calgon Odor Control Testing Records must be kept on site for 3 Years Station: ______ _ MonthNear: DAY H2SINLET/WET H2S OUTLET INITIALS REVIEW. WELL 1 2 3 4 5 6 7 8 9 10 11 12 13 . 14 15 16 17 18 19 20 · 21 . 22 23 . 24 25 26 27 28 29 30 31 This formula is for INLET only. It calculates the freq uency of changing canisters Total H2Sthismonth =____ Total #ofteststhismonth: __ Average per test this month: Total H2S__ # of tests Average for this month CHAMBER# AP.CD2019-NOV-001048 AIR POLLUTION CONTROL DISTRICT ---------------10124 Old Grove Road San Diego, CA 92131 PHONE (858) 586-2650 Sector: C/01 APCD2005-PTO-977904 Fee Code: 56B APCD USE ONLY NOTICE OF VIOLATION Date( s) of Violation Start: 04/29/2018 End: 06/22/2019 Name: Carlsbad City of Wastewater Date of Report: 11/26/2019 Phone: 7604382722 Violation Location: 4155 Harrison St City: Carlsbad Zip: 92008 Specifically, the following yiolation(s) of the San Diego Air Pollution Control District rules and/or laws of the State of California has occurred: (abbreviations: H&S = Cal. Health & Safety Code; CCR=Cal Code of Regulations; R=Rule) Section(s)/Rule(s) Description of Violation Law Type: District Rules APCD2006-PTO-980110 Condition #3 -Failing to record the Category: Permit to Operate hydrogen sulfide concentrations at least 5 days per week. Section: 21 Specifically, the operator failed to record the hydrogen sulfide concentrations (in PPMV) at least 5 times per week during multiple weeks from April 2018 to June 2019. Pursuant to California Health and Si;ifety 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 TfON(S) OR THE REASON(S), YOU BELIEVE THE VIOLA TION(S) DID NOT OCCUR. PLEASE SEND YO:UR RESPONSE fd THE;AIR POLLUTION CONTROL rnSTRICT, f:!pcdcomp@sdcounty,ca.gov or ATTENTION: COMPLIANCE DIVISION, 10124 OL.D'GROVE RD , SAN DIEGO, CALIFORNIA 92131-1649. Inspector Name: Nicholas Eutsler Nicholas Inspector Signature: Eutsler Digitally signed by Nicholas Eutsler Da\e: 2019.11.26 07:43:53 -08'00' Date'.11/26/2019 Time: 7:08 Received by: Jesse Castaneda Title: Utilities Supervisor Email Address: jesse.castaneda@carlsbadca.gov Signature: ls~ued Electronically · APC804 v0.24 Site Record ID: APCD2002-SITE-04529 Date: 11/26/2019 SITE Sector: C/01 AM Dec. 20, 2019 Mr .. Nicholas Eutsler Air Pollution Control District 10124 Old Grove Road San Diego, CA. 92131 ATTACHMENT C (city of Carlsbad RE: ADDITIONAL INFORMATION REGARDING NOTICE OF VIOLATION APCD2019-NOV-001050 (APCD2006-PTO-980110} Dear Mr. Eutsler: On Nov. 26, 2019, Air Pollution Control District (APCD) inspector Nicholas Eutsler issued the Notice of Violation (NOV) referenced above at the City of Carlsbad Cannon Road Sewer Lift Station site (Cannon). This letter is to amend the Dec. 6, 2019 response letter with additional information for your consideration. The NOV relates to the operator failing to record the hydrogen sulfide (H2S) concentrations at least five times per week during multiple weeks from February 2018 to August 2019. The city takes the referenced APCD action seriously and will continue to work with APCD to ensure any violation of APCD's permitting requirements is promptly remedied. The APCD permit for Cannon requires that H2S concentrations be tested and recorded on a log at the site five times a week. The city's understanding is APCD issued the NOV because there were multiple weeks during the period February 2018 to August 2019 where H2S concentrations were not recorded five times. The city's wastewater operators are trained to follow a standard inspection routine each time they inspect a station, with a goal of 100% compliance with APCD regulations, including the recording of H2S concentrations five times per week. To understand the magnitude and cause of the recording oversight and develop a plan to assure 100% compliance, the city reviewed the records at Cannon and examined our procedures with the operators. The city found the H2S readings were not recorded on 14 days (3.4%) of the 410 required reading days during the period in question (February 2018 to August 2019) (Attachment 1). The operators indicated that reading the H2S monitors and immediately reporting any readings above the APCD limit is part of their standard procedures. On the 14 days not recorded, the city has work orders showing that the operators performed site inspections and the operators feel strongly that the H2S monitors were likely read. However, other station inspection priorities, such as alarms and pump issues, may have caused inadvertent missed entries. This data seems to support the conclusion that the missing entries were unintentional oversights rather than regular practice. Public Works Branch Utilities Department 5950 El Camino Real I Carlsbad, CA 92008 I 760-438-2722 t Mr. Eutsler December 20, 2019 Page 2 To assure that all readings are recorded in compliance with APCD requirements, the division is making changes to the odor control testing log and processes as outlined below. • On Jan. 1, 2020, a new odor control testing log (Attachment 2) that highlights the dates when readings must be recorded will be utilized at all stations. • Each week, one of the operators will review the recordings weekly and initial the log. • The operators will add the H2S reading to the weekly work order assigned to the lift station, which will serve as backup to the H2S form. • During the first quarter of 2020, the Standard·Operating Procedure (SOP) will be reviewed and revised, if needed, to assure that it is up to date on the recording practice. The SOP will be distributed to and reviewed with staff. • The city's goal is to cr~ate an app to be used for electronic inspection documentation. Electronic inspections will make it easier to identify missing information remotely and ensure timely corrections. The Utilities Department will work with the city's Information Technology Department to begin this effort in 2020. The city appreciates this opportunity to supply APCD with additional information about the circumstances underlying the NOV. Prior to Nov. 26, 2019, the City of Carlsbad does not have a history of violations with APCD related to failing to record H2S concentrations. The city is committed to managing its APCD permitted sites in a manner that assures _environmental stewardship and public safety and looks forward to continuing to work cooperatively with APCD to resolve APCD's permitting concerns. If APCD needs additional information or has questions, please feel free to contact me at 760-438-2722 or by email at vicki.quiram@carlsbadca.gov or Jesse Castaneda at 760-603-7317 or by email at iesse.castaneda@carlsbadca.gov. Respectfully, ./;~~;/ d~ Vicki V. Quiram Utilities Director Attachment: 1. Dates of the H2S missed recordings 2. Odor control testing log 3. Notice of Violation APCD2019-NOV-001050 VQ:jb cc: Paz Gomez, Deputy City Manager Public Works Branch Cindie McMahon, Assistant City Attorney Jesse Castaneda, Utilities Supervisor ! I " I WASTEWATER LIFT STATION CHECl(S DONE FIVE (5) DAYS EACH WEEIC CANNON LIFT STATION Violation #APCD2019-NOV-001050 Period: Z/1/2018 -8/30/2019 ·. IVlis.sed ChecJcs PERCENTAGE 5 days per week= 82 Weeks = 410 Days 14 Missed Checks + 410 = 3% February 9, 2018 Febru~ry 10, 2018 February 11, 2018 March 21, 2018 April 11, 2018 April 23, 2018 May 6, 2018 May 7, 2018 October 10, 20i8 January 28, 2019 February 18, -2019 March 18, 2'019 July 29, 2019 August 12, 2019. Calgon Odor Control Testing Records must be kept on site for 3 Years Station: ______ _ MonthNear: DAY H2S INLET/WET H2S OUTLET INITIALS REVIEW. WELL 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 · 18 19 20 21 22 23 24 ) 25 26 27 28 29 30 31 This formula is for INLET only. It calculates the frequency of changing canisters Total H2S thismonth =---'----Total #ofteststhismonth: __ Average per test this month: Total H2S__ # of tests = Average for this month CHAMBER # ., APCD2019-NOV-001050 AIR POLLUTION CONTROL DISTRICT ---------------10124 Old Grove Road San Diego, CA 92131 PHONE (858) 586-2650 NOTICE OF VIOLATION Sector: C/01 APCD2003-SITE-04996 Fee Code: APCD USE ONLY Date(s) of Violation Start:01/01/2018 End: 08/17/2019 Name: City of Carlsbad Cannon Road Lift Station Violation Location: 2197 Cannon Rd Date of Report 11/26/2019 Phone: 7604382722 City: Carlsbad Zip: 92008 Specifically, the following violation(s) of the San Diego Air Pollution Contra_) District rules and/or laws of the State of California has occurred: (abbreviations: H&S = Cal. Health & Safety Code; CCR=Cal Code of Regulations; R=Rule) Section(s)/Rule(s) Description of Violation Law Type: District Rules APCD2006-PTO-98011 O Condition #3 -Failing to record the Category: Permit to Operate hydrogen sulfide concentrations at least 5 days per week. Section: 21 Specifically, the operator failed to record the hydrogen sulfide concentrations (in PPMV) at least 5 times per week during multiple weeks from February 2018 to August 2019. Law Type: District Rules APCD2006-PTO-980111 Condition #12 -Operator failed to change Category: Permitto Operate oil and filter or test with the oil analysis program. Specifically, Section: 21 operator failed to change oil and filter for calendar year 2018. • Law Type: Federal NESHAPS/NSPS Sarne as above. Category: Title 40: Protection of Environment Section: 40 CFR 63.6603(a) 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 ALLEGE'D 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, apc.dcomp@sdcciunty.ca.gov or ATTENTfON; COMPLIANC~ DIVISION, 1'0124 OLD GROVE RD, SAN Dlt:GO, CALIFORNIA 92131 -1649. Inspector Name: Nicholas Eutsler Nicholas Inspector Signature: Eutsler Received by: Jesse Castaneda Digitally signed by Nicholas Eutsler Date: 2019.11.26 07:49:11 . -08'00' Email Address: jesse.castaneda@carlsbadca.gov Signature: Issued Electronically ,. APC804 v0.24 Site Record ID: APCD2003-SITE-04996 Date: 11/26/2019 Time: 6:51 Title: Utilities Supervisor Date: 11/26/2019 SITE Sector: cio1 AM 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 Districts claim that someone has violated the DistrictlS 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 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) 586-2tl50, 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 fo have occurred, the Notice of Violation is usually handled through the District's "Violation Settlement Program". A Notice of Violation could also r~sult 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 requlre 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 wiH be filed against you seeking maximum penalties for the violation. The maximum penalties established by the California Health and Safety Code range between $1,000 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 v0.24 Site Record ID: APCD2003-SITE-04996 SITE Sector: C/01 Dec.20,2019 Mr. Nicholas Eutsler Air Pollution Control District 10124 Old Grove Road San Diego, CA. 92131 ATTACHMENT D ( City of Carlsbad RE: ADDITIONAL INFORMATION REGARDING NOTICE OF VIOLATION APCD2019-NOV-001050 (APCD2006-PTO-980111) Dear Mr. Eutsler: On Nov. 26, 2019, Air Pollution Control District (APCD) inspector Nicholas Eutsler issued the Notice of Violation (NOV) referenced above at the City of Carlsbad Cannon Road Sewer Lift Station site (Cannon). This letter is to amend the Dec. 6, 2019 response letter with additional information for your consideration. The NOV relates to permitting requirements for failing to change oil and filter or test with the oil analysis program for calendar year (CY) 2018 for generator 2042544. The city takes the referenced APCD action seriously and will continue to work with APCD to ensure any violation of APCD's permitting requirements is promptly remedied. The APCD permit for Cannon requires that the referenced generator oil and filter is to be changed once every CY. The city's understanding is APCD issued the NOV because the operator failed to change the oil and filter or test with oil analysis program for CY 2018. The city contracts with Hawthorne Power Systems (Hawthorne) to perform the annual oil and filter change on the referenced generator. The agreement states that the Hawthorne technician is to leave a copy of the service order at the site. This was not followed by Hawthorne for CY 2018. The attached document from Hawthorne show that the annual oil and filte_r was changed for the referenced generator for CY 2018. To assure that the city receives a copy of the annual oil and filter change service order, the division has made procedural changes as outlined below: • An operator will be at the site during the scheduled generator service to receive a hard copy of the service order; and • Hawthorne will email a copy of the service order to the Utilities Department office. Public Works Branch Utilities Department 5950 El Camino Real I Carlsbad, CA 92008 I 760-438-2722 t Mr. Eutsler Dec. 20, 2019 Page 2 The city appreciates this opportunity to supply APCD with additional information about the circumstances underlying the NOV. The City of Carlsbad does not have a history of violations with APCD related to annual oil and filter changes for the referenced generator. The city is committed to managing its APCD permitted sites in a manner that assures environmental stewardship and public safety and looks forward to continuing to work cooperatively with APCD to resolve APCD's permitting concerns. If APCD needs additional information or has any questions, please feel free to contact me at 760-438-2722 or by email at vicki.quiram@carlsbadca.gov or Jesse Castaneda at 760-603-7317 or by email at jesse.castaneda@carlsbadca.gov. Respectfully, /4 /' iY lM;- Vicki V. Quiram Utilities Director Attachments: Hawthorne Power Systems Service Order Notice of Violation APCD2019-NOV-001050 -VQ:jb cc: Paz Gomez, Deputy City Manager Public Works Branch Cindie McMahon, Assistant City Attorney Jesse Castaneda, Utilities Supervisor SERVICE REPORT Date: 2/15/18 Job No.: 1352318 Tech ID: 3894 Job Type: als HAWTHORNE t!I Tech Name: rechaun oubre 0 Company Name: City of Carlsbad Store: h190 Phone#: 619 2740711 Site Contact: Jesse Castaneda/Mike Lichtenfels Billing Name: City of Carlsbad Billing Jesse Castaneda Contact: -------------1 ------------ Phone#: 760.802.8200/760.802.5763 Billing Attn:Accounts 1635 Faraday Ave Address: Office#: 760.802.8200 ------------------------ Email: jesse.castaneda@carlsbadca.gov Billing Carlsbad 92008 ____________ City/Zip: Mobile#: .0 Address: 5960 El Camino Real 00 Email: Jesse.Castaneda@carlsbadca.gov Equipment Information Unit# m 7 Location 2279 Canon Roacl .GENERATOR Engine Make: Engine Model: Volvo TAD 1241 Generator Make: Engine Modei: Kohler . Volt AC: 350REOZ Phase: Package 480 Manufactur Kohler er 3 Engine 2042544 Model: --------I Engine 2042544 Generator Serial#: Serial#: 2042544 Hertz: n/a Application Standby Engine --------1 Spec/CPL GM25343 # Generator Rated kW: n/a kVA: n/a SERVICE REPORT BACKGROUND Starting SMU: Start Date: Instructions: Repair Process Comments: . --.· --~· :, .F8.br·uary 1P-i 20.1a· ·:' ·.~ :·.-,~~--:,;1:·_-,.,~~ End Date:t21-fel2tY18 ···_, ... : -. --; -.-,-•--::t .. ,-•,·---,-... .· ._ .. · .,, L'. :;·i:,;::::t.Y.~'.·;:,~::J1~ ·' .,.·.,,.... .. _,, .. Visual and Operational insp~ctioii: Gh~ck,fWb.~lf9tivei adj4.sfpj~Jit~nd aligrunent, ch~cked ~rjgine-supports . anq eqnnect,ons; i:;h~cked batter)~§ fqr'ptoWt i~vel ~ctlch~,tg~)checked paftery charger fof prqper ·. .. .· 9peratioh, ¢hecReq engine gaug:esJqt prp)?ei op;~fcitiof ~nd: r~adings, checkeo electri9c.1i:conri~diqhs ~nd . ;;,y[nn_g, ch.ecke~ g'erter~tor voHafje ang t.ri~ld~rify·1ufa;~t{:{h,_~~?.ke<;l erigine gov~rnor cortl!:_qis and n~sP,onse, • checked for abnormal Vibration or i16ises;, c:heckedaifclefa:ti'eteleinernt and rt1anifolds;checked for oil/fuel/ or ·;fi~~~(k\~,~~~~~rt!~t:err:~:f;;~tfj;~tt[;~irf &t{:~Atii~i'.~;nv!fJ:iPr:~~~4i~d;:61x~e;!J~:~:it:c ·9uage· r~adirtgs. No i~sues found ~h u11JJ.Vl/ip~~.'(n~ii.nJtdpwnand placed it,back in ail!<? ch1;1nge pil .;ind . • ... Jilt~rs · , .· · · · ·· ·· .:•;"':',-.:° WORKORDER CLOSING Is the Job Complete? Are 1,mused .Parts being restocked? Is a Reman core being returned? A DDITIONAL OPPORTUNITIES Is there Additional Service to be done? F :_ >_.-.: •··•••·Are Warranty parts being returned? '.Y:{:?Y :,. :> Are checked-out tools being returned? ;'.?(·;::;. \ . Has the information been entered to SIMS? · _ ~/~:•f.:\Did the Customer request a quote for addidtional service? APCD2019-N.OV-0()1050 AIR POLLUTION CONTROL DISTRICT ---------------10124 Old Grove Road San Diego, CA 92131 PHONE (858) 586-2650 Sector: C/01 . APCD2003-SITE-04996 Fee Code: APCD USE ONLY NOTICE OF VIOLATION Date(s) of Violation Start:01/01/2018 End: 08/17/2019 Name: City of Carlsbad Cannon Road Lift Station Violation Location: 2197 Cannon Rd Date of Report: 11/26/2019 Phone: 7604382722 City: Carlsbad Zip: 92008 Specifically, the following violation(s) of the San Diego Air Pollution Centro.I District rules and/or laws of the State of California has occurred: (abbreviations: H&S = Cal. Health & Safety Code; CGR=Cal Code of Regulations; R=Rule) Section(s)/Rule(s) Description of Violation Law Type: District Rules APCD2006-PTO-980110 Condition .#3 -Failing to record the Category: · Permit to Operate hydrogen sulfide concentrations at least 5 days per week. Section: 21 Specifically, the operator fafled to record the hydrogen sulfide concentrations (in PPMV) at least 5 times per week during multiple weeks from February 2018 to August 2019. Law Type: District Rules APCD2006-PTO-980111 Condition #12 -Operator failed to change Category: Permit to Operate oil and filter or test with the oil analysis program. Specifically, Section: 21 operator failed to change oil and filter for calendar year 2018. Law Type: Federal NESHAPS/NSPS Same as above. Category: Title 40: Protection of Environment Section: 40 CFR 63.6603(a) 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 TENBUSlNESS DAYS, OF THE ACTION TAKEN TO CORRECT ALLEGED VIOLA TION(S). OR THE: REASON($) YOU BELIEVE THE VIOLATION(S) DID NOT OCCUR. PLEASE SEND. YOUR RESPONSE TO THE AIR POLLUTION CONTROL D!STRtCT, apcdcomp@sdq:iunty.ca.gov or ATTENTION: COMPLIANCE DIVISION, '10124 OLD GROVE RD, SAN DIEGO, CALIFORNIA 92131-1649. . Inspector Name: Nicholas Eutsler Nicholas Inspector Signature: Eutsler Received by: Jesse Castaneda Digitally signed by Nicholas Eutsler Date:2019.11.26 07:49:11 -08'00' Email Address: jesse.castaneda@carlsbadca.gov Signature: Issued Electronically . ,, APC804 v0.24 Site Record ID: APCD2003-SITE-04996 Date:11/26/~019 Time: 6:51 Title: Utilities Supervisor Date: 11/26/2019 SITE Sector: C/01 AM WHAT A "NOTICE OF VIOLATION" MEANS You have just received a NOTICE OF VIOLATION from the San Diego County Air Pollution Coptrol District, a government agency responsible for air pollution control in San Diego County. A Notice of Violation is the Districts claim that someone has violated the DistrictlS rules, state, and/or federal laws applying to air pollution. The District is authorized by state law to seek penaities 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 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 will be tiled against you seeking maximum penalties for the violation. The maximum penalties established by the California Health and Safety Code range between $1,000 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 v0.24 Siie Record ID: APCD2003-SITE-04996 SITE Sector: C/01 Dec. 20, 2019 Mr. Nicholas Eutsler Air Pollution Control District 10124 Old Grove Road San Diego, CA. 92131 ATTACHMENT E (city of Carlsbad RE: ADDITIONAL INFORMATION REGARDING NOTICE OF VIOLATION APCD2019-NOV-001051 Dear Mr. Eutsler: On Nov. 26, 2019, Air Pollution Control District (APCD) inspector Nicholas Eutsler issued the Notice of Violation (NOV) referenced above at the City of Carlsbad Poinsettia Sewer Lift Station site (Poinsettia). This letter is to amend the Dec. 6, 2019 response letter with additional information for your consideration. The NOV relates to permitting requirements for failing to change oil and filter or test with the oil analysis program for calendar year (CY) 2018 for generator 9NR02716. The city takes the referenced APCD action seriously and wi.11 continue to work with APCD to ensure any violation of APCD's permitting requirements is promptly remedied. The APCD permit for Poinsettia requires that the referenced generator oil and filter is to be changed once every CY. The city's understanding is APCD issued the NOV because the operator failed to change the oil and filter or test with oil analysis program for CY 2018. The city contracts with Hawthorne Power Systems (Hawthorne) to perform the annual oil and . filter change on the referenced generator. The agreement states that the Hawthorne technician is to leave a copy of the service order at the site. this was not followed by Hawthorne for CY 2018. The attached invoice from Hawthorne shows that the annual oil and filter was changed f<;>r the referenced generator for CY 2018. To assure that the city receives a copy of the annual oil and filter change service order, the division has made procedural changes as outlined below: • An operator will be at the site during the scheduled generator service to receive a hard . copy of the service order; and • Hawthorne will email a copy of the service order to the Utilities Department office. Public Works Branch Utilities Department 5950 Ei Camino Real I Carlsbad, CA 92008 I 760-438-2722 t Mr. Eutsler Dec. 20, 2019 Page 2 The city appreciates this opportunity to supply APCD with additional information about the circur:nstances underlying the NOV. The City of Carlsbad does not have a history of violations with APCD related to annual oil and filter changes for the referenced generator. The city is committed to managing its APCD permitted sites in a manner that assures environmental stewardship arid public safety and looks forward to continuing to work cooperatively with APCD to resolve APCD's permitting concerns. If APCD has additional information, please feel free to contact me at 760-438-2722 or by email at vicki.quiram@carlsbadca.gov or Jesse Castaneda at 760-603-7317 or by email at jesse.castaneda@carlsbadca.gov. Respr ~II:, //J tltuu C/. (J/~ Vicki V. Quiram Utilities Director Attachments: Hawthorne Power Systems Invoice VQ:jb Pictures of Poinsettia Generator Name Plate Notice of Violation APCD2019-NOV-001051 cc: Paz Gomez, Deputy City Manager Public Works Branch Cindie McMahon, Assistant City Attorney Jesse Castaneda, Utilities Supervisor HAWTHORNE SOLD TO CSA CITY OF CARLSBAD ATTN: HPS CONTRACTS MGR SERIES OF 9 UNITS EXPIRES DEC 31 2016 HAWTHORNE POWER SYSTEII/IS A DIVISION OF HAWTHORNE MACHINERY CO SAN DIEGO: (858) 974-6800 SHIP TO l1tmvor<JE~im:rn:• •• ;:;;:uwotoob.\\\:m\ta,:::.:ccu.sxo:MERNoau:cus:r®Wi$t.l:tMJ;filNIIiJ:®:>:;:;:xr:n1lliii@::a:::DwL•-·saii1iii©NLr:;;nc;:.;r4M21 SS100110085 02-24-18 8665970 UTILll 71 13 E 213 2 1 l:irtde•ruMit.;_;:;b:db~iiitm,::i'.a:vm::i::::::.;:;:::::L::::::;:;::::i>::::.:£::::::::i:::::::E:::,:::~'.L::'::e:;;:::;:;:::;:Z;i::.S::;:.:::::i::::::-:::::,:;:•L::''.] 1352324 02-08-18 !:l{ru&.Ei'0Nt&Diw.s:·1,~':!::rnqt,;rnmml ~k\t'''.1'~2:~n'.''~;f''.':'tW:'•:j:;:tow.w.:m1mJ.MllwE'.':::::g::rn1Eu1wmw.&'.'!U''''E'E'~:WAcatu.,$,i'fJ::F'.xf-l AA 3306 09NR02716 024168 l:Sgumttf.:'.;:itEil·~fod::XLij?,:fr.-i:,i::.:::-i)iistiatmlofi::F.:::.X;:c;.:·:~-i::•_-;,:'.:i:.::::!.:b•E•:::,:-.:t:X,,,:::d:.•.:::_:::bfui rruwi ::t'.L,}s,::oolim.stdni::l ANNUAL INSPECTION GENERATOR 1 lR-0750 1 . lR-1807 1 FMT-1 2 SHOPKIT 1 P552010 APPRENTICE LABO FILTER AS LUBE FILTER FUEL TEST KIT SAMPLE KIT FF/WS CART TOTAL PARTS 4. 00 RT HOURS s s s s s 5.00 TOTAL LABOR 15W40 ULS OIL/GL TOTAL MISC CHGS_ LOADBANK TEST ·P/M SERVICE TERMS : *NON RETURNABLE PARTS SEGMENT 01 TOTAL 3.00 RT HOURS TOTAL LABOR NET CASH FOR PAYMENT On OR BEFORE THE 10TH OF TBB MONTH FOLLOWING DATE OF INVOICB. 1-1/2% PER MONTH SERVICE CHARGE ON B..~CB NOT PAID DURING TEE MONTH FOLLOWING DATE OF INVOICE (~.NUAL PERCENTAGE RATE IS 18%). Any Warranties on the products sold hereby are those.made by the manufacturer, if any. The seller hereby expressly disc/alms all warranties either expressed or implied, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR .PURPOSE, and HAWfHORNE neither assumes nor authorizes any other person to.assume for It any liability in connection with !he sale of said products. RETURNED PARTS, OR PRODUCTS IF ACCEPTED UNDER THE TERMS OR OUR RETURN POLICY, MAY BE SUBJECT TO A RESTOCKING CHARGE. A California Corporation FIN 95-1583539 SEG. 01 SEG. 01 SEG. 01 SEG . 02 CONT'D PLEASE REMIT TO: Accounts Receivable 16945 Camino San Bernardo SAN DIEGO, CA 92127-2405 * * * T * HAWTHORNE SOLD TO CSA ~ITY OF CARLSBAD ATTN: HPS CONTRACTS MGR SERIES OF 9 UNITS EXPIRES DEC 31 2016 HAWTHORNE POWER SYSTEMS A DIVISION OF HAWTHORNE MACHINERY CO SAN DIEGO: (858) 974-6800 SHIP TO IH6.f&6idm~ilffi:rn mmoicJH)A'ffl,·YURJ~)BUSJO~NO:l ,::.,,.eus:rOMEKJ:!.OU:filM.BERi:·;&n:·di::,f,lfaii4Jr;\,•,.;;.ui1/.MSar6smand:,.,,.J.,'1'JC.·.}Wge,·",:I 88100110085 02-24-18 8665970 UTILll 71 13 E 213 2 2 luDOC~TNUMBER;;,.,,;;:DOC~;t;;;,reii;.;tili;;,S~f\~OO!::~futli.i:it:: ::::L:t:::;;:;::;;::::::;::::::::::'.;;;;:;·:·:;:·3;/:L:·:::::::.:::i_::::::.'.:'.::;:::;f'.;_:::c(;::•:;::'.::·;;:::::'.i:::;;,:'.:".: .. ,:·.:J:•··:I 1352324 02-08-18 l·;~:tii;:,Af.0.b.Eii:::i;;;i'itil:m;ii&,;~-Bn@!il;;;;t;m:,:1t:\t(·;!,ffi(i;l\iliH;\EQUJ'.eifuir1~\~~:0:m,fil:•t f;j~~mci~;;;,hM;fa@JJ\lf,\Clf,W.iN◊;@:ril AA 3306 09NR02716 024168 SEGMENT 02 TOTAL PERFORM MAINTENANCE ON TRANSFER SWITCH P/M SERVICE TERMS: *NON RETURNABLE PARTS 1.00 RT HOURS TOTAL LABOR SEGMENT 03 . TOTAL ENVIRONMENTAL 7.75% SALES TAX * * * INVOICE COPY NET CASH FOR PAYMENT On OR BEFORE THE 10TH OF THE MONTH FOLLOWD<G DATE OF INVOICE, l·l/2l PER MONTH SERVICE CHARGE ON .a'ILANCE NOT !?AID DURING TliE MONTH FOLLOWING DATE OF-INVOICE (ANUAL PERCBNl'AGE RATB rs 18%-) . Any Warranties on the products sol.d hereby are those made by 1he manufacturer, if any. The seller hereby expressly disclaims all warranties either expressed or implied, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, and HAWTHORNE neither assumes nor aulhortzes any other person to assume for it any llabiOJy in connection wi1h 1he sale _of said products. RETURNED PARTS, OR PRODUCTS IF ACCEPTED UNDER THE TERMS OR OUR RETURN POLICY, MAY BE SUBJECT TO A RESTOCKING CHARGE. A California Corporation FIN 95-1583539 SEG. 03 * * * PLEASE REMIT TO: Accounts Receivable 16945 Camino San Bernardo SAN DIEGO, CA 92127-2405 T * T T T ClT® CORE -AR -"':· ENGINE MODEL SER. MO. 9N.R0271 ·6, MODIFICATION Hp •. S,EE ORD ,:E1:R·· .. · :_> .:.,. ·. AR MO. · l48·...;2174 .· PERF ·SPE€. · .. ·:.;:.{)l(~Q·7g,6 . . ·-. --~ Mk --21 00 11 ALT . 689·0 FT OEM HO •. . FULL LOAD ·5···· -4· .5··•··m·:m. . ·. FULL .. -'.TQR-Qi.. 5 '6·1rl· : Sl~T:lt fJ;J~L : . • · .· . :· . . · $TAT'l'.Ct FUEL •· •· .·;, ■ ' ' .. ·· . ,.· .. ·, .. •, .. '•, . . ., . . . . . . . MIi[ ~- •,RATED ···· ·•·3.,8:2·\·,,.He ···.2;85•·· a·. •kvi ,. f'lT ', :1.:,8.Q:Qi. ~"· HiGN"lmi 19·8.4 . /'. ·• . •. . ... I' lilfJ!llit · FUEL . · · . . · . ·. · . · . . · ·. · · · · ·· . '·· ·· : · · · ' ·-~,-.· . Tlt1'l·H6 .. ·· 1 Q •. OBT C .· AIF .. RAT10 &VMBt.U,t;. . ..__.. _________ ..... .-- j' • APCD2019-NQV.,001051 AIR POLLUTION CONTROL DISTRICT ---------------10124 Old Grove Road San Diego, CA 92131 PHONE (858) 586-2650 NOTICE OF VIOLATION Sector: C/01 APCD200$-PTO-983251 Fee Code: 34\/V APCD USE ONLY Date(s) of Violation Start:01/01/2018 End: 11/19/2019 Name: City Of Carlsbad Public Works Date of Report: 11/26/2019 Phone:7606022430 Violation Location: 2425 Poinsettia Ln City: Carlsbad Zip: 92008 Specifically, the following violation(s) of the San Diego Air Pollution Control District rules and/or laws of the State of California has occurred: (abbreviations: H&S = Cal. Health & Safety Code; CCR=Cal Code of Regulations; R=Rule) Section(s)/Rule(s) Description of Violation Law Type: District Rules APCD2008-PTO-983251 Condition #12 -Operator failed to change Category: District Registration oil and filter or test in accordance with the oil analysis program. Section: 12(e)(4)(i) . Specifically operator failed to change oil and for calendar year . 2018. Law Type: Federal NESHAPS/NSPS Same as above. Category: Title 40: Protection of Environment Section: 40 CFR 63.6603(a) 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 WRlliNG, WITHIN TEN BUSINESS DAYS, OF THE ACTION TAKEN TO CORRECT ALLEGED VIQLATION(S) OR THE.REASON(S) YOU BELIEVE THEV IOLATION(S) DID NOT OCCUR, PLEASE SENO YOUR RESPONSE TO THE -AJR POLLUTION CONTROL OISTRICT, apcdcomp@sdcounty.ca.gov or . ATTENTION: GOMPLIANCE [)!VISION, 10124 OLD GROVE RD, SAN DIEGO, CALIFORNIA 92131-1649. - Inspector Name: Nicholas Eutsler Nicholas Inspector Signature: Eutsler Received by: Jesse Castaneda Digitally signed by Nicholas Eutsler Date: 2019.11.26 07:49:44 -08'00' Email Address: jesse.castaneda@carlsbadca.gov Signature: Issued Electronically APC804 v0.24 Site Record ID: APCD2005-SITE-05661 Date:11/26/2019 Time: 7:24 Title: Utilities Manager Date: 11/26/2019 SITE Sector: C/01 AM 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 Districts claim that someone has violated the Districtis 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 receiye 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 RESPONSEWITHIN TEN 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 rot 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. CNIL PROSECUTION A Notice of Violation which is not resolved through the Violation Settlement Program may be referred for civil pr.osecution. If sp, a lawsuit will be filed against you seeking maximum penalties for the violation. The maximum penalties established by the California Health and Safety Code range between $1,000 and $1,000,000 per day of violation, depending on the nature of the violation CRIMINAL PROSECUTlON 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 v0.24 Site Record ID: APCD2005-SITE-05661 SITE Sector: C/01 ATTACHMENT F Reference No. 2019-CAG-0006 City of Carlsbad COMPLIANCE AGREEMENT AND GENERAL RELEASE This agreement ("AGREEMENT") is entered into as of the EFFECTIVE DATE and is made by and between of the County of San Diego Air Pollution Control District ("DISTRICT") and City of Carlsbad ("CARLSBAD"). The DISTRICT and CARLSBAD are sometimes referred to herein as the "PARTIES." This Agreement Applies to The Following Engines ("ENGINES"): Equipment Engine Engine Engine Se~al # Engine HP Type Location Manufacturer/Model Pump 4155 Harrison John Deere/ PE4045L211118 99 St. Carlsbad 4045TF285 Pump 4155 Harrison John Deere/ PE4045T53130 I 115 St. Carlsbad 4045TF275 Keep a copy of this entire agreement with the engines operated under this agreement. I. FACTUAL RECITALS 1. CARLSBAD is municipality that among other things provides essential public services to the residents and businesses of the City of Carlsbad. 2. District Rule 10, titled "Permits Required" requires that CARLSBAD have written authorization, specifically an Authority to Construct followed by the issuance of a Pennit to Operate, prior to the installation and use of equipment that may cause the issuance of air contaminates at stationary sources. 3. CARLSBAD had two portable diesel fueled engine-pump sets delivered to the City of Carlsbad's Foxes Landing Sewer Lift Station Replacement Project (PROJECT) located at 4155 Harrison Street, Carlsbad CA ("LOCATION") in 2017. The ENGINES are cunently operated by staff ofNEWest Construction Company and are owned by Xylem Dewatering Solutions. 4. The ENGINES are registered with the State's Portable Equipment Registration Program ("PERP"), however, the engines are not authorized for installation and use in San Diego County at a stationary source at the LOCATION. 5. The DISTRICT alleges that the PERP registration does not authorize use of the ENGINES for the stationary operations occurring at the LOCATION since 2018; the ENGINES require local DISTRICT permits to operate at the PROJECT site. 6. The DISTRICT issued Notices of Violation numbers APCD2019-NOV-001054 to CARLSBAD, APCD2019-NOV-001055 to Newest Construction Company, and APCD2019-NOV-001056 to Xylem Dewatering Solutions on November 27, 2019, for violations of District Rule 10 for allowing the installation and use of equipment that produces air pollution without written authority. Page 1 of7 Reference No. 2019-CAG-0006 City of Carlsbad 7. As such, any use of the unpermitted ENGINES to support the stationary operations at the LOCATION would be an ongoing violation of District Rule 10. 8. One of the two engines (Caterpillar Model 3054) is a Tier lengine which is prohibited from use in the State of California after December 31, 2019. 9. CARLSBAD asserts that there is a need to have the two portable emergency back-up pumps remain available for use at the LOCATION in case of an emergency, for maintenance and testing, and for a three-day prime use. Any use beyond these is a breach of this agreement. 10. The DISTRICT acknowledges that Xylem's statewide PERP registrations for both ENGINES shall remain valid for use at other locations, per California Code of Regulations Title 13 §2450-§2465 (Regulation to Establish a Statewide Portable Equipment Registration Program) & Title 17 §93116-§93116.5 (Airborne Toxic Control Measure for Diesel Particulate Matter from Portable Engines Rated at 50 Horsepower and Greater) for pmtable engines, during the TIME PERIOD of this agreement and until the PERP registration expiration dates. · 11. The PAR TIES desire to settle, resolve and compromise any and all disputes among them arising out of the installation and operation of the two portable diesel engines noted in Notices of Violation APCD2019-NOV-001054, APCD2019-NOV-001055, APCD2019- NOV-001056 for the operation described above at the LOCATION. 12. Therefore, the PARTIES agree as follows: II. AGREEMENTS 13. The EFFECTIVE DATE of this AGREEMENT shall be the latest date set forth in the signature lines below. 14. The "TIME PERIOD" as used in this AGREEMENT shall begin on the EFFECTIVE DATE and end February 29, 2020. 15. During the TIME PERIOD, the ENGINES. may be installed and may remain connected at the LOCATION. 16. During the TIME PERIOD, the ENGINES at the LOCATION may be operated for maintenance and testing, for three days of prime use, and during emergency events as defined in District Rule 69.4.1 or Rule 12 or 17 CCR 93115, as applicable, including interruptions to power and for conducting emergency operations such as the pumping of water or sewage to prevent or mitigate a flood or sewage overflow. 17. During the TIME PERIOD, CARLSBAD shall comply with the conditions listed on the PERP registrations. Page 2 of 7 Reference No. 2019-CAG-0006 City of Carlsbad ill. CIVIL PENAL TIES 18. CivilPenalties. In consideration of the DISTRICT entering into this AGREEMENT, CARLSBAD agrees to pay the DISTRICT $5,000.00 within 30 days of the EFFECTIVE DATE of this AGREEMENT. This civil penalty also resolves the penalty associated with Notices of Violation numbers APCD2019-NOV-001054, APCD2019-NOV- 001055, and APCD2019-NOV-001056. 19. F01m and Manner of Payment. CARLSBAD shall pay all monetary penalties via check made payable to the 'San Diego County APCD," Reference APCD2019-NOV-001054, APCD2019-NOV-001055, APCD2019-NOV-001056, and APCD2019-CAG-00006, and send to: Accounting Division Air Pollution Control District County of San Diego 1012.4 Old Grove Rd San Diego CA 92131 Payments may also be made by major credit card by calling (858) 586-2600, asking for the Accounting Division, and referencing APCD2019-NOV-001054, APCD2019-NOV-001055, APCD2P19-NOV-001056, and APCD2019-CAG-00006. IV. CONSIDERATION 20. In consideration for the DISTRICT agreeing to the terms of this AGREEMENT, CARLSBAD agrees to the following: 21. 22. V. INDEMNIFICATION CARLSBAD shall indemnify the District (including its agents, officers and employees) from any claim, action, liability, or proceeding to attack, set aside, void or annul the AGREEMENT <;>r any of the proceedings, acts or determinations taken, done or made as a result of the execution of this AGREEMENT by the PARTIES. CARLSBAD's obligation to indemnify shall include, but not be limited to, payment of all court costs and attorneys' fees, costs of anyjudgments or awards against the District, damages, and/or settlement costs, which arise out of the execution of this AGREEMENT by the PARTIES. By signing this AGREEMENT, CARLSBAD agrees to such indemnification. The obligations of CARLSBAD to defend and indemnify under this AGREEMENT shall apply whether or not there is concurrent, active, or passive negligence on the part of the DISTRICT, except that CARLSBAD 's obligation to indemnify shall not apply where the court finds there is gross negligence or willful misconduct by the DISTRICT, its agents, officers or employees. CARLSBAD's obligations under this AGREEMENT shall be effective regardless of whether any or all approvals and/or actions by the DISTRICT pursuant to this AGREEMENT remain valid or are invalidated by any court. Page 3 of 7 Reference No. 2019-CAG-0006 City of Carlsbad VI. RELEASE AND SATISFACTION 23. Satisfaction of Claims Arising During the TIME PERIOD. Upon compliance by CARLSBAD with all terms of this AGREEMENT, CARLSBAD shall be released from any and all claims by the DISTRICT for civil or crimin~ penalties arising out of violations of District Rule 10 during the TIME PERIOD for installing and operating the ENGINES without written authority from the DISTRICT. 24. No Admission of Liability. 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. However, the DISTRICT reserves the right to prove any alleged violations in connection with any future petition for a variance, permit revocation, or abatement order before the District Hearing Board, or to rely on such alleged violations in connection with the dete1mination of the appropriate penalty in the event Notices of Violation for similar violations are issued in the future. Similarly, at any such time CARLSBAD may raise any defenses or contrary proof CARLSBAD may have concerning the facts of any such alleged violations. VII.BREACHOFAGREEMENT 25. If CARLSBAD fails to comply with any of the terms of this AGREEMENT, it will be in. breach of this AGREEMENT, and thus, as a non-exclusive remedy and at its sole discretion, the DISTRICT may terminate this AGREEMENT upon ten (10) calendar days written notice to CARLSBAD stating the effective date of termination ("TERMINATION DA TE"), unless the breach is cured within that ten day notice period. 26. In addition, if this AGREEMENT is so terminated, the DISTRICT may seek up to the maxim1un civil or criminal penalties allowed under law and pursue other legal and judicial remedies, including but not limited to, an order for abatement or an injunction, for any violations of District Rule 10 by CARLSBAD. VIII. ADDRESSES FOR NOTICES UNDER TIDS AGREEMENT 27. Notices to the District pursuant to this AGREEMENT shall be made by email and USPS Regular Mail to the attention of Gregory A. Gjerde, Civil Actions Investigator, at the following addresses: 27 .1. Email: greg;gjerde@sdcounty.ca.gov 27 .2. USPS Regular Mail: Air Pollutiop. Control District San Diego County 10124 Old Giove Rd San Diego CA 92131 Attn: Gregmy A. Gjerde Page 4 of7 Reference No. 2019-CAG-0006 City of Carlsbad 28. Notices to CARLSBAD pursuant to this AGREEMENT shall be made by email and USPS Regular Mail to the attention of Vicki Quiram at the following addresses: 28.1. Email: vicki.guiram@carlsbadca.gov 28.2. USPS Regular Mail: City of Carlsbad 5950 Camino Real Carlsbad CA 92008 A TIN: Vicki Quiram X. ADDITIONAL TERMS OR CONDITIONS 29. Not a Variance. This AGREEMENT does not, and is not intended to, act as a variance. 3 0. Not a Permit to Install or' Operate. This AGREEMENT does not, and is not intended to, act as a permit to install or operate the ENGINES. 31. Compliance with Other District Rules. This AGREEMENT does not relieve CARLSBAD of its obligation to comply with all District Rules except as expressly stated herein or of its potential liability for violations not specified herein. Nothing in this AGREEMENT shall be construed as limiting in any way the DISTRICT's ability to commence an action or seek relief against CARLSBAD as the result ofviolation(s) that are not the subject of this AGREEMENT. 32. Scope of Agreement. This AGREEMENT only addresses the violations of air quality laws specifically alleged in this AGREEMENT and does not address or resolve violations ofregulations which may be enforced by any other agency. 33. Time Is of the Essence. Time is of the essence for each term and condition of this AGREEMENT. 34. Authorization to Enter into Agreement. Each Party executing this AGREEMENT represents and warrants that it has been duly authorized to enter into this AGREEMENT and has full and complete authority to do so. Each Party expressly waives any defense to this AGREEMENT based on any lack of authority to enter into and be bound by the terms of this AGREEMENT. 35. Governing Law. This AGREEMENT shall be interpreted, construed, governed and enforced under and pUl'suant to the laws of the State of California. Any action to enforce, interpret or otherwise regarding this AGREEMENT, shall be filed and/or maintained within the County of San Diego, California. 36. Knowing, Free, Voluntaty Execution. The PARTIES represent that they have carefully read this AGREEMENT, know its contents, and freely and voluntarily signed it. Page 5 of7 Reference No. 2019-CAG-0006 City of Carlsbad 37. Advice of Counsel. Each of the PARTIES, by the execution of this AGREEMENT, represents that it has reviewed each term of this AGREEMENT with its legal counsel, or has had the opportunity to do so, and further agrees that it shall not deny the validity of the AGREEMENT on the grounds that it did not have advice of counsel. 3 8. Enfu-e Agreement. This AGREEMENT constitutes the entire agreement between the PARTIES pe11aining to resolution of this matter. No supplement, modification, or amendment to this AGREEMENT shall be binding unless executed in writing and signed by each of the PARTIES. 39. Countei:pru.1s. This AGREEMENT may be executed in any number of separate counterparts, each of which shall be deemed an original but all of which when taken together shall constitute one and the same instrument. 40. No Waiver of Default. Any waiver of default under this AGREEMENT must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this AGREEMENT. No delay or omission in the exercise of any right or remedy shall impair such right or remedy or be construed as a waiver. A consent to or approval of any act shall not be deemed to waive or render unnecessary consent to or approval of any other or subsequent act. 41. Binding Upon Successors. This AGREEMENT shall apply to, inure to the benefit of, and · be binding upon the successors and assigns of the PARTIES. 42. Partial Invalidity. Each provision of this AGREEMENT shall be valid and enforceable to the fullest extent permitted by law. If any provision of this AGREEMENT or the application of such provision to any person or cfrcumstances shall be found invalid or unenforceable, the remainder of this AGREEMENT shall not be affected by such invalidity or unenforceability, unless such provision or such application of such provision is essential to this AGREEMENT. 43. Attorney Fees. Each party shall bear its own attorney's ft es d other costs in connection with this matter and this AGREEMENT. Date a-1-ao2-o ------------Phone (858) 586-2655 Greg.gjerde@sdcounty.ca.gov Page6 of7 ( Ir Carlsbad By __ -,.;lfv~_\...; _______ _ ~gnature Print Name Reference No. 2019-CAG-0006 City of Carlsbad Page 7 of7 Date ~2b APPROVED AS TO FORM Celia Brewer, City Attorney