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HomeMy WebLinkAbout2020-06-04; Air Pollution Control District Notices of Violation Final Report; Gomez, PazTo the members of the: CITY COUNCIL Date _hl4\2v CA V cc / CM v ACM __LDCM (3) ✓ June 4, 2020 To: From: Via: Re: Council Memorandum Honorable Mayor Hall and Members of the City Council Paz Gomez, Deputy City Manager, Pu_9,1~-~y,rks Geoff Patnoe, Assistant City Managet (_:;-( Air Pollution Control District Notice~f~tion Final Report {city of Carlsbad Memo ID# 2020112 This memorandum provides the final update related to six Notices of Violation (NOVs) the city received from the San Diego Air Pollution Control District (APCD) following an inspection of permitted wastewater facilities. Background On Nov. 19, 2019, APCD performed annual inspections of the city's permitted wastewater facilities. The inspector issued six NOVs, one for each of the following facilities: four lift stations, storage of a portable generator at the utilities yard and construction-related work at the Foxes Landing Lift Station. The substance of these NOVs are summarized in Attachment A. On Dec. 13, 2019, and Jan . 10, 2020, memoranda were sent to City Council with 'information on the NOVs (Attachments Band C). The Jan. 10, 2020, memorandum included the final report on closure of the Foxes Landing Lift Station construction-related NOV. City staff continued to work with APCD staff and resolved the remainder of the NOVs. Settlement has been reached, and the remaining five NOVs are being settled for a total cost of $1,250. Discussion Attachment A includes a summary of each NOV and its conclusion. The summaries of recently resolved NOVs are as follows: Foxes Landing Lift Station: Violation Noted-Failure to record measurements of hydrogen sulfide concentration for a minimum of five days per week. Update -On Dec. 20, 2019, staff sent APCD a letter that included data showing that during the 14-month period cited, only 2.7 % of the 294 required readings had not been recorded. Staff has also implemented a plan for assuring that recordings of readings are not missed in the future; Resolution -On April 15, 2020, a proposed settlement agreement was received from APCD. Once signed, the City will pay APCD $500. 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 June 4, 2020 Page 2 Cannon Lift Station: Violation Noted-Failure to record measurements of hydrogen sulfide concentration for a minimum of five days per week. Update -On Dec. 20, 2019, staff sent APCD a letter with data showing that during the 19- month period cited, only 3.9 % of the 380 required readings had not been recorded. Staff has implemented a plan for assuring that recordings of readings are not missed in the future. Violation Noted-Owner failed to change the generator's oil and filter during 2018. Update -On Dec. 20, 2019, staff sent APCD a letter with additional information showing that the oil was changed during 2018; however, the contractor did not leave proof at the station. Administrative safeguards have been instituted to prevent this kind of contractor oversight from occurring in the future. Resolution -On April 15, 2020, the City received a proposed settlement agreement for both violations from APCD. Once signed, the City will pay APCD $500. 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, with additional information showing that the oil was changed during 2018, however the contractor that staff uses to perform this task did not leave proof at the station. Contractor oversight measures have been implemented so this does not happen in the future. Resolution -On April 15, 2020, the City received a proposed settlement agreement from APCD. Once signed, the City will pay APCD $250. Utilities Yard -Emergency Portable Generator: Violation Noted-A portable generator was used at one site for more than one year. Update -The city appealed this NOV and it was dismissed by APCD. The listed storage location of the emergency portable generator on the city's APCD certificate of registration is the utilities yard on El Camino Real. The generator is only used for 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. APCD Rule 12.1 (c)(13) states that the storage area should not count towards days of operation. Resolution -On Jan. 22, 2020, APCD dismissed this NOV. Next Steps Staff is working with the City Attorney's Office to finalize the settlement agreements noted above. The City will remit a total of $1,250 for settlement with APCD. The NOVs will be closed out and practices will continue to be implemented to assure future APCD compliance. Honorable Mayor Hall and Members of the City Council June 4, 2020 Page 3 Attachments: A. NOV summary spreadsheet B. Council Memorandum dated Dec. 13, 2019 C. Council Memorandum dated Jan. 10, 2020 cc: Scott Chadwick, City Manager Celia Brewer, City Attorney Laura Rocha, Deputy City Manager, Administrative Services Robby Contreras, Assistant City Attorney Vicki Quiram, Utilities Director Babaq Taj, Engineering Manager ATTACHMENT A COUNTY OF SAN DIEGO APCD NOTICE OF VIOLATIONS following the NOV. 11, 2019 INSPECTION Address APCD Violation No. Date of NOV Date of Violation Alleged Violation Description City of Carlsbad Wastewater Response Conclusion Start End Failing to record hydrogen sulfide Out of 294 required readings, provided data to Foxes Landing APCD2019-NOV-concentrations at least five (5) days per week APCD showing that 97 .3% of the entries were Entered into Settlement Agreement 1 11/26/2019 4/29/2018 6/22/2019 recorded, with 2.7% not. Utilities has Lift Station 001048 during some weeks from April 2018 to June implemented practices to assure 100% with APCD for $500 2019 (14 months) compliance in the future APCD2019-NOV-For owning and operating a 2013 lsuza Flex Appealed: The portable emergency generator 2 Portable Generator 11/26/2019 1/1/2018 11/19/2019 Engine as a stationary engine without the was registered and permitted in accordance with Notice of Violation was dismissed 001049 correct permit from APCD APCD Rules Failing to record hydrogen sulfide Out of 380 required readings, provided data to 2197 Cannon Road APCD2019-NOV-concentrations at least five ,{5) days per week APCD showing that 96.1% of the entries were 3 11/26/2019 1/1/2018 8/17/2019 recorded, with 3.9% not. Utilities has Cannon Lift Station 001050 during some weeks from Feb. 2018 to Aug. implemented practices to assure 100% 2019 (19 months) compliance in the future Entered into Settlement Agreement with APCD for $500 to cover both violations Operator failed to perform annual Provided data showing that the contractor that ii ,. 2197 Cannon Road APCD2019-NOV-was providing this service for the city had 1•' 4 11/26/2019 1/1/2018 8/17/2019 maintenance -change oil and filter and test -Cannon Lift Station 001050 for.CY 2018 performed the work but did not leave proof of the 2018 maintenance at the station Operator failed to perform annual Provided data showing that the contractor that 5 Poinsettia APCD2019-NOV-11/26/2019 1/1/2018 11/19/2019 maintenance -change oil and filter and test -was providing this service for the city had Entered into Settlement Agreement Lift Station 001051 for CY 2018 performed the work but did not leave proof of with APCD for $250 the 2018 maintenance at the station :, For installing and operating two stationary Entered into Settlement Agreement ,, engines without written ,approval from the With APCD to close out violations , district. Specifically, a 2001 Caterpillar Model: Construction Related: The contractor is issued to th·e city and NewWest Foxes Landing APCD2019-NOV-3054, S/N 5YS11185 Tier 1, and 2011 John responsible for compliance with all regulations, construction contractors for $5000. 6 11/27/2019 1/30/2018 n/a Deere Model: 4045TF285, S/N: Lift Station 001054 including APCD permitting. The generators used Contractor changed out the diesel PE4045L211118 were installed and operated were permitted, but not correctly. generators to electric and Is at 4155 Harrison St., Carlsbad 92008 since 1/30/18 without written authority from the responsible for reimbursing the city for District the violation cost. ,r To the members of the: CITY COUNCIL Date \2)13McA J cc / CM_v7coo'_coo ✓ocM(3).¥ Dec. 13,2019 Council Memorandum To: Honorable Mayor Hall and Members of the City Council From: Paz Gomez, Deputy City Manager, Public!Z' s Via: Elaine Lu key, Chief Operations Officer · R~: Air Pollution Control District Notices of iolation ATTACHMENT B {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 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 theni 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 readthat 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 To the members of the: . CITY COUNCIL Date~CA V CC / CM _VCOO_ coo Z□cM {3) ~ Dec. 13, 2019 To: From: Via: Re: Council Memorandum Honorable Mayor.Hall and Members ofthe City Council Paz Gomez, DeptJty City Manager, Publicf.1' s Elaine Lu key, Chief Operations Officer · Air Pollution Contro.1 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 annu.al 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 NOVsi 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 -Duringthe 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 i . r- r ! . ~ - Add~ess VIONo. Date of NOV I• 1. Foxes.Landingtlft, Station. · , APC:D2019-NOV-00.1048 11/2~/2019 .. 2 Utilities Yard· Portable ( APCD2019-NQV-001049 11/26/2019 3 Ca.nnon Lift Station . APCD2019-NOV-001050 11/26/2019 4 Cannon Uft Station' APCD2019-NOV-001050 11/26/2019 5 Poinsettia Lift Station /IPCD2019-NOV-001051 11/26/2019 ' Fqxes LandlngUft .6· APCD2019-NdV-001054 11/27/2019 Station __ k·r~,.,_-r-.. .:..:......:...;;:,.:......_:..,.·,_,._.•.s"-- SAN DIEGO APCD NOTICES OF VIOLATION following the NOV. 11, 2019 INSPECTION Date of Violation Law Type Category Section Start End .. 4/2')/2018 6/22/2019 District Rules eermjt to Operate 21 ·.: 1/1/2018 11/19/.2019 District Rules Permit to Operate lO(a/b) .. 1/1/2018 8/17./2019 · Pls.trlct Rules Perml~.to Operate . !21. District (\ules Permit to Operat.e 21 ,, 1/1/2018 . 8/17/2019 Fed Title 40: Prot.9f 40 CFR· 'N. ESHAPS/NS · Enl! '63.6603(al PS District Rules District 129(e)(4)(1) 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 Ruies Perml.tto Operate lO(a/b) I• Description No. Description . Failing to .record the hydfogen•sulfide concentr~tlons' at least APCD2006-PT0-90:l.10· .. flve,d~ys per weelc Speclflcaily;,the operator.failed .to'record .,. the hydrogen:~ulfide.con~entr~tlons (ih PPMV) atleastflv.e ·. Condition 3. , times perweel\ durjng l)lUltlple 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 ' Fa\llng to record the hy!lrogen sulfide concentrations at least· . , . APCD2QOG0PT0,-980110 five days per l'!eek,Speciflcal,ly, the operatprfa)!ed, to record · ·• Condition 3 · · · Y,e hydrqgen,sulflde' conceritratlons '(in PPMV):at least five . ti.mes •P•~ we~.k during multiple wi:,eks from ~eb .. 20J~ to ,Aug. . . 2019 APCD2006·PT0·9.80111 · Operator failed to change'.oil and filt!'r or test wjth oil analysis . prp;,:a~. Speclflcally, ~per-atorfailedto change·oil andflite(for condition 12· . CY i018 , 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 ,, '•: .. .ry/a ForJnstalUng and.ope,:atlng t,Wo.stati,ioary engines.without . written •8P.toval from the .. dlstrict.•5.liec!fica'lly; a.20Q1 . . Caterpillar Model: 3054,S/N.SYSillBSTler 1, and ~011 John . D.eer~ rylodel: 404STF285, S/N: PE404SL211118 were installed • .. and operated ;it 41.55 Harrlsqn 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 (cityof 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 Apri.l 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 oftheir 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 Depart.:iient 5950 El Camino Real I Carlsbad, CA 92008 I 760-438-2722 t A.PC 02019~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: 568 APCD USE.ONLY NOTICE OF VIOLATION Date(s) of Violation Start04/29/2018 End: 06122/2019 Name: Carlsbad City of Waste•Nater 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 Conlrol District rules and/or raws of the State of California has occurred: (abbreviations: H&S = C.:11. Health & Safety Code; CCR=Cal Code of Regulations; R=Rule) Sectfon(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. Specifically, the operator failed to record the hydrog·en sulfide Section: 21 concentrations On PPMV) at least 5 times per week quring multiple weeks from April 2018 to June 2019. Pursuc!Jlt to California Health and S;.fety 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 THi=Di$TRICT IN WRITINf.3, WITHIN TEN BUSINESS DAY$, OF THE ACTiON TAKEN Tb CQRR.EGT Al.LEGED VIOLAliOf'-j(S) OR THE REASON(S). YOU ffELIEVE THE VIOtA TlON (S) DID NOT OCGUR. PLEASE SEND YO:UI~ RE.SPONSE f(j THE:AIR P{'.>LlUTION CONTRO!,. DfSTRIC1, gpcdcomp@sdcounty,ca..gov or . ATTENTION: COMPLIANCE DIVISION, 10124 OLP GROVE RD, SAN,D1E;0O, CALIFORNIA 9;2131-164§. Inspector Name: Nicholas Eutsler Nicholas Inspector Signature: Eutsler Received by: Jesse Castaneda Digitally signed by Nicholas Eutsler Oa\e: 2D19.11.260i;43:S3 -08100' Email Address: jesse.castail~da@carlsbadca.gqv Signature: .Issued Electronically · APC804 v0.24 Site Record ID: APCD2002-SITE-04529 Date: 11/26/2019 Tirne: 7:08 Title: Utilities Supervisor Date: 11./26/2019 SITE Sector: C/01 AM WASTEWATER LIFT STATION CHECICS DONE FIVE (5) DAYS EACHWEEIC CANNON UH STATION Violation #APCD2019-I\.IOV-001050 Period: 2/1/2018 -8/30/2019 '. l\tlissecl Checfo, PERCENTAGE 5 days per week = 82 Weeks = 410 Days 14 Missed Checks + 410 = 3% February 9,.2018 1<ebn,1:c1ry 10, 2018 F~bruary 11, 2018· March 21, 2.018 April 11, 2018 April '.43, 2018 . May 6, 2018 IVlay 7, 2018 October 10, 201& J~miary 28, 2019 Fcbn.iary 18, 2019 Nla_rch .18, Z'OH> July 29, 2.019 August 12, 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 3· 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 IN~ET only. It calculates the frequency of changing canisters Total H2Sthis_month =~---Total #ofteststhis month: Average per test this month: .. TotalH2S __ #oftests = Average for this month CHAMBER # .. APCD2019-NOV-001050 AIR POLLUTION CONTROL DISTRICT ---------------10124 Old Grove Road Sari Diego, CA 92131 PHONE (858) 586-2650 NOTICE Or VIOLATION Sector: C/01 APCD2003-SITE-04996 Fee Code: APCD USE ONLY Date(s) of Violation Start:01/01/2018 End: 08/17/2019 Date of Report: 11/26/2019 . Phone: 7604382722 Name: City of Carlsbad Cannon Road Lift Station Violation Location: 2197 Cannon Rd City: Carlsbad Zip: 92008 Specifically, the following violation(s) of the San Diego Air Pollution ControJ District rules and/or laws of the State of California has occurred: (abbreviations: H&S = Cal. Health & Safety Code; CCR=Cal Code of RegiJlatlons; 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 Feqruary 2018 to August 2019. LawType: 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 calend1;1r 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, ot Regulation of the Air Pollution Control. District is guilty of a MISDEMEANOR. Each day a violation occurs constitutes a separate offense. YQU MUST ADVISE THE DISTRICT IN WRlTING, WITHIN TEN BUSlNES'S DAYS, OF THE ACTION TAKEN TO CORRECT ALLEGEb VIOLA TION(SJ OK THE REASON(S) YOU BELIEVE THE VIOLA TION(S) DID NOT .oecuR. PLEASE SEND YOUR RESPONSE TO THE AIR POLLUTION CONTROL DIStRtGT, a[;Jc.dcomp@sdcoLinty.ca.g.ov.or ATTENTfON: C-OMPUANCE;; DIVISION. 101.24 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:2019.11.2607:49:11 ·: -08'00' ' Email Address: je$se.ca.staneda@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 ha.s violated the DistrictlS rules, state, and/or federal laws applying to air pollution .. The District is authorized by state I.aw 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 YOLiR 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 ~2131-1649, 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 fora VARrANCE. 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 t:an tell you hpw 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 revfew 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 r~ult in·.civil or criminal prosecution. . VIOLATION SETTLEMENT PROGRAM If the District determiiles·that a Notice of Violation should be handled through this program, a letter will be sent offering to settle the Notice of Violation. lfthere 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 wi.11 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 ofthe violation CRIMINAL PROSECUTION In serious cases, a Notice of Violation may bE:l 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 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 APCD1s 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.cast aneda@carlsbadca.gov. Respectfully, /4 /' i() WA;- 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 APCD2019 .. N_OV-001050 AIR POLLUTION CONTROL DISTRICT ---------,-~-----------10124 Old Grove Road San Diego, CA 92131 PHONE (858) 586-2650. Sector: C/01 . APCD2.003-SITE-04996 Fe!> Code: APCD USE ONLY NOTICE OF VIOLATION Date(s)ofViolation Start:01/01/2018 End: 08/17/2019 Name: City of Carls.bad 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.I District rules andlor 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) Desi;ription of Violation Law Type: Distric.t. Rules APCD2006-PTO-980110 Conditibn.#3 -Failing to record the Category: Permit to Operate hydrogen sulfide concentrations at least 5 days per week. Section: 21 Specifically, the operator fa(ied to record the hydrogen sulfide concentrations (in PPMV) at least 5 times per week during. multiple weeks from FeJ:,ruary 201 8 to August 2019. Law Type: District R,µles APCD2006-PTO-98011.1 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: Tille 40: Protection of Environment Section: 40 CFR 63.6603(a) Pursuant to California Health and Safety Cooe 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 MLJST ADVISE THE DISTRICT IN WRITING, WITHI N TEN -BUSlNESS DAYS, Of THE AC::TlON TAKEN TO CORRECT ALI FGED VIOLATION(S) OR THf REASON($) YOU BELIEVE THE VIOLATION($) DID NOT OCCUR. PLEASE SEND YOUR RESPONSE TO THEAfR POLLUTION CONTROL 0-IS'TR!CT, apccfoomp@sdc9unty.ca.g0v0r ATTENTf:ON: GOMPLIANCE DIVISION, '10.124 OLD GROVE RD, SAN DIEGO, CALIFORNIA 92131-1649. . Inspector Name: Nicholas Eutsler Nicholas Inspector Signature: Eutsler Received by: Jesse Castaneda Digitally signed by Nicholas Eutsler D•te:2Df9.11.26 07:49:11 ·08'00' Email Addre&s: j8$se.castaneda@carlsbadca.gov Signature: Issued Electronically ,, APC804 v0.24 Site Record ID: APCD2003-SITE-04996. Date: 11/26/~019 lime: 6:51 Tille: 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 Co11trol District, a government agency responsible for air pollution control in San Diego County. A Notice ofVio[ation is the Districts claim that someone has violated the Districtl,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 lfv'IMEDIATE 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 ORTHE 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 RESPONSETO: 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 equipmentthat 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 infonnation. 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. lfthe District determines that a violation did not occur, the Notice of Violation will ~ 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 respqnse 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. Violatio.n Settlement Program may be referred for civil pro;;ec_ution. If so, 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 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 ih jail, or both. PLEASE SUBMIT ALL CORRESPONDENCE TO THE DISTRICT AT THEADPRESS 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 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. ,:hei 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 Ef Camino Real I Carlsbad, CA 92008 I 760-438-2722 t ! I 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 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 Vioiation. ADVISETHE 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) 586s2650, if you wish to option this information, If you believe the equipm~nt 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 W!LL 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 SETTLEl'.IIENT PROGRAM If the District determines that a Notice of Violation should be handled through this program, a letter will be sent offering to settle 1he Notice of Violation. lfthe_re 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 filed against you seeking n'iaximum 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: APCDZ00S-SITE-05661 SITE Sector. C/01 ATTACHMENT F Reference No. 2019-CAG-0006 City ofCarlsbad COMPLIANCE AGREEMENT AND.GENERAL RELEASE This agreement ("AGREEMENT") is entered into as of the EFFECTNE 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 Serial # EngineHP Type Location Manufacturer/Model Pump 4155 Harrison John Deere/ PE4045L211 l l 8 99 St Carlsbad 4045Tf285 Pump 4155 Harrison John Deere/ PE4045T531301 115 St. Carlsbad 4045TF275 . Keep a copy of this entire agreement with the engmes 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 p011able 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 cun-ently 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 j. i 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 aclmowledges that Xylem's statewide PERP registrations for both ENGINES shall remain valid for use at other locations, per Ca.li:fomia Code of Regulations Title 13 §2450-§2465 (Regulation to Establish a Statewide Portable Equipment Registration Program) & Title 17 §93116-§93116.S(Airbome Toxic Control Measure for Diesel Particulate Matter from Portable Engines Rated at 50 Horsepower and Greater) for portable engines, during the_ TIME PERIOD of this agreement and until the PERP registration expiration dates. · 11. The PARTIES 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-00 1056 for the operation described above at the LOCATION. 12. Therefore, the PARTIES agree as follows: II. AGREEMENTS 13. The EFFECTIVE DA'IE of this AGREEMENT shall be the latest date set forth in the signature lines below. 14. The "TIME PEIµOD" 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 CCR93115, 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 of7 Reference No. 2019-CAG-0006 City of Carisbad m. CIVILPENALTIES 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 ofthis 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, APCD2pl9-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: V. INDEMNIFICATION 21. 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 9r any of the proceedings, acts or determinations taken. done oi: made as .. a:I'esult 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 any judgments 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. 22. 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 comt 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 comt. Page3 of7 i 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 criminal pe~alties arising out of violations of District Rule 10 during the TIME PERIOD 'ror installing and operating tlie 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 Disbict Hearing Board, or to rely on such · alleged violations in connection with the determination 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 oftbis 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 TEj, 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 maximtun 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 l O by CARLSBAD. VIIL ADDRESSES FOR NOTICES UNDER TfilS 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 hlvestigator, at the following addresses: 27 .1. Email: gteg;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: Gregory A. Gjerde Page 4 of7 . I I Reference No. 2019-CAG-0006 City of Carlsbad 28. Notices to CARLSBAD pursuant t_o this AGREEMENT shall be made by email and USPS Regular Mail to the attention of Vicki Quiram at the following addresses: 28.L · 28.2. Email: vickLguiram@carlsbadca.gov USPS Regular Mail: City of Carlsbad 5950 Camino Real Carlsbad CA 92008 ATIN: Vicki Quii'filll X. ADDITIONAL TERMS OR CONDITIONS 29. Not a Variance. This AGREEMENT does not, and is not intended to, act as a vru.iance. 30. Not a Permit to Install or Operate. This AGREEMENT does not, and is not intended to, act as a pennit to install or operate the ENGINES. 31. Compliance with Other District Rules. This AGREEMENT does not relieve CARLS_BAD 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 of violation(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 ofregulaticins 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. Authorizationto 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 con,iplete 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 pursuant to the laws of the State ofCalifornia. 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, Voluntaiy Execution. The PARTIES represent that they have carefully read this AGREEMENT, know its contents, and freely and voluntaiily signed it. Page 5 of7