HomeMy WebLinkAbout2021-01-21; Air Pollution Control District Notices of Violation (District 1); Gomez, PazTo the members of the:
CITY COUNCIL /
Date �2f:A _Lcc -
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Jan. 21, 2021
Council Memorandum
To: Honorable Mayor Hall and Members of the City Council
From: Paz Gomez, Deputy City Manager, Public arks
Via: Geoff Patnoe, Assistant City Manager
Re: Air Pollution Control District Notices of Violation (District 1)
{city ofCarlsbad
This memorandum provides information related to receipt of two Notices of Violation (NOVs)
from the San Diego Air Pollution Control District (APCD) following an inspection of permitted
wastewater facilities.
Background
On Jan. 6, 2021, APCD performed annual inspections of the city's permitted wastewater facilities.
After completion of the inspections, the APCD inspector indicated verbally that no violations
were found. However, subsequent to the inspection, two NOVs were received for the following
facilities: Homeplant and Fox's Landing Sewer Lift Stations.
Discussion
Summaries of the two NOVs are as follows:
Homeplant Lift Station:
APCD Violation -The city operated an emergency diesel engine without written authority
from APCD. Specifically, the previous permit for this engine was retired on July 17, 2020,
yet continued to operate.
Response/Action -The alleged violation is incorrect. As background, there were two
generators located at the Homeplant Lift Station. Staff filed an application to retire one of
the aging generators. The application that was submitted by staff had the correct
generator number of the one that was to be retired. However, the identification number
was inadvertently switched when APCD issued the permit and the wrong generator
permit was retired, which resulted in the inspector thinking that the retired generator
was still on site and was continuing to operate.
Upon receipt of the NOV, staff took immediate action to engage APCD to correct the
discrepancy in generator identification numbers. As of Jan. 8, 2021, the permit shows the
correct generator identification number. Staff expects this violation to be dropped.
Fox's Landing lift Station:
APCD Violation #1-The odor reduction system was not in operation while the sewer lift
station was in operation from April 14, 2020, to May 30, 2020. Additionally, the city did
Public Works Branch
Utilities Department
5950 El Camino Real I Carlsbad, CA 92008 I 760-438-2722 t
2021020
Council Memo -Air Pollution Control District Notices of Violation (District 1)
Jan. 21, 2021
Page 2
not provide written notification to APCD that the odor system was not on-line and there
were no records on-site of the date, duration and purpose of the equipment outage.
Response/Action #1-This alleged violation is incorrect. As background, a construction
project to completely replace the old lift station and odor reduction system with new
systems was in progress.
During this time, the contractor was performing an operational test on the new lift station
and odor reduction system before putting them into operation. To allow for this testing,
sewage bypassed the lift station through a separate pipe from April 10, 2020, to
April 21, 2020. On April 21, 2020, the contractor placed the new lift station and odor
reduction system on-line. The odor reduction system was in operation at all times that
any lift station was operating. Staff expects this violation to be dropped.
On Sept. 1, 2020, APCD issued the city an Authority to Construct, which requires
notification of all odor-reducing station maintenance shutdowns exceeding 24 hours.
Staff did notify APCD prior to the facilities being taken off-line for the bypass, but did not
have records on-site when the APCD inspector arrived. In the response letter to APCD,
staff will note that the violation should be reduced to a record keeping violation only
which had no impact to the environment. Staff has now been trained to log all
construction activities in a log book on-site, in addition to the many others that they do to
meet regulations during normal operation of any lift station.
Additionally, the city is revising its standard contract language to clarify the reporting
responsibilities of contractors as it pertains to regulatory compliance responsibilities of
the city. Furthermore, the city is conducting ongoing review of the reporting procedures
with city staff involved in the operation and construction of city facilities.
APCD Violation #2 -Failure to maintain records of the hydrogen sulfide concentration
from April 14, 2020, to May 30, 2020, for a total of 45 days without records.
Response/Action #2-The new lift station and odor reduction system were off-line from
April 10, 2020, to April 21, 2020, and were not in use until April 21, 2020. The city does
not have records of hydrogen sulfide measurements from April 21, 2020, to
May 30, 2020, approximately 5 1/2 weeks, during which period the hydrogen sulfide
measurement frequency of once per week was required under the Authority to Construct
(APCD2015-APP-004163}. The lack of records at that time resulted from
miscommunication with the city's construction contractor and the contractor's differing
interpretation of the contract requirements. All readings before and after this time have
been recorded and comply with all APCD requirements. Staff and the contractor now
better understand their responsibilities.
The city is revising its standard contract language to clarify the reporting responsibilities
of contractors as it pertains to regulatory compliance responsibilities of the city.
Furthermore, the city is conducting ongoing review of the reporting procedures with city
staff involved in the operation and construction of city facilities.
Council Memo -Air Pollution Control District Notices of Violation (District 1)
Jan. 21, 2021
Page 3
Responses to APCD have been drafted to meet the required response date of
Jan. 22, 2021. Staff will continue to work with APCD and provide data to make sure a fair and
reasonable conclusion can be reached.
Next Steps
Staff is preparing a response letter to APCD, which is due on Jan. 22, 2021.
Staff is currently revising the standard contract language to clarify the reporting responsibilities
of contractors regarding regulatory compliance. Furthermore, staff is conducting an ongoing
review of and training on the reporting procedures with those members involved in the
operation and construction of city facilities and will take corrective action, as needed.
Upon receipt of follow-on responses from APCD, staff will provide an update to City Council.
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
Ryan Green, Finance Director
Kristina Ray, Communication & Engagement Director
Babaq Taj, Engineering Manager
Dave Padilla, Engineering Manager
Jesse Castaneda, Utilities Supervisor