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HomeMy WebLinkAbout2021-03-18; Air Pollution Control District Notices of Violation Update {District 1); Gomez, PazTo the members of th~: CIT'( COUNCIL Date 3/l'l /~ CA ..:!._ CC ✓ CM . V ACM ✓ DCM (3) ✓ -- March 18, 2021 Council Memorandum To: From: Honorable Mayor Hall and Members of the City Council Paz Gomez, Deputy City Manager, Pub~orks Via: Geoff Patnoe, Assistant City ManagerlQS" Re: Air Pollution Control District Notices of Violation Update {District 1) {city of Carlsbad Memo ID #2021062 This memorandum provides an update to a previous memorandum dated Jan. 21, 2021, related to receipt of two Notices of Violation (NOVs) from the San Diego Air Pollution Control District (APCD) following inspections of two permitted wastewater facilities. Background On Jan. 6, 2021, APCD issued two NOVs -one at Homeplant (NOV No. APCD2021-NOV-000008) and one at Fox's Landing (NOV No. APCD2021-NOV-000009). The NOVs are explained in the previous Council Memorandum dated Jan. 21, 2021 (Attachment A). Discussion After the city's written responses (Attachments Band C) and discussions between staff and APCD regarding the two violations, APCD sent a settlement offer to the city on March 10, 2021 (Attachment D). As mentioned in Attachment D, penalties for APCD violations can include civil penalties of up to $10,000 per day; however, APCD can consider the nature of the violation and offer a settlement agreement option. The violation at Homeplant (NOV No. APCD2021-NOV-000008) involved a city clerical error. The violation at Fox's Landing (NOV No. APCD2021-NOV-000009) stemmed from a misunderstanding between staff, APCD and the construction contractor regarding contract language and the APCD permits, specifically the Authority to Construct and Permit to Operate. APCD indicated that the Authority to Construct permit does not allow the contractor to start the lift station for testing. However, APCD does not have a clear process for the transition time between construction, testing and operation. While the city understood contractor testing as being covered under the Permit to Construct, APCD disagreed and required the contractor to wait for cancellation of the construction permit and reinstatement of the operations permit before testing the lift stations. As described in Attachment D, the settlement agreement for both NOVs will require a payment of $2,200. Public Works Branch Utilities Department 5950 El Camino Real I Carlsbad, CA 92008 I 760-438-2722 t Council Memo -Air Pollution Control District Notices of Violation Update (District 1) March 18, 2021 Page 2 Next Steps Staff will agree to the settlement offer and remit $2,200 to APCD. To prevent recurrence of the Homeplant violation, staff will take corrective action by proofreading and doublechecking all numbers on APCD regulatory documents. To address the Fox's Landing violation, staff is currently reviewing the city's standard contract language to revise and clarify the responsibilities of contractors and staff regarding regulatory compliance. Staff will be working closely with APCD staff to determine the most effective way to work through the construction, testing and operation transitions in the future. Attachments: A. Council Memorandum dated Jan. 21, 2021 B. City response letter for NOV No. APCD2021-NOV-00009 dated Jan. 22, 2021 C. City response letter for NOV No. APCD2021-NOV-00008 dated Jan. 22, 2021 D. APCD settlement offer letter dated March 10, 2021 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, Public Works Superintendent To the members of the: ATTACHMENT A {city of Carlsbad CITY COUNCIL / Date .i.::fr_4=A _ice_ CM _/ACM-✓ DCM {3} L Council Memorandum Jan.21,2021 To: From: Via: Re: Honorable Mayor Hall and Members of the City Council Paz Gomez, Deputy City Manager, Publi~rks Geoff Patnoe, Assistant City Manager ~ Air Pollution Control District Notices of Violation (District 1) 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 ret ire 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 ident ification number was inadvertent ly swit ched when APCD issued the permit and the wrong generat or 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 Ca rlsbad, CA 92008 I 760-438-"n22 t I I I 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 riow 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 a.nd 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 co rrective 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 l(ristina Ray, Communication & Engagement Director Babaq Taj, Engineering Manager · Dave Padilla, Engineering Manager Jesse Castaneda, Utilities ~upervisor January 22, 2021 Air Pollution Control District Attn: Compliance Division 10124 Old Grove Road San Diego, CA 92131-1649 ATTACHMENT B ( City of Carlsbad Re: Notice of Violation# APCD2021-NOV-000009 To Whom it may Concern: On Jan. 6, 2021, the City of Carlsbad, Utilities Department {Utilities) received the above- referenced Notice of Violation (NOV) for the Fox's Landing Sewer Lift Station at 4155 Harrison St. This NOV is related to a city construction project to rehabilitate and replace the lift station which includes a new odor control unit. The NOV excerpts are provided below. The city has investigated available records and provides the following responses for your consideration: Section(s)/Rule(s) Description of Violation Law Type: District Rules Condition #2 -Failing to maintain the Air Pollution Control Category: Permit to Operate equipment in full operational condition while the process Section: 21 equipment is in operation. Additionally, failing to notify the district in writing of any maintenance outages exceeding 24 hours within 2 days before or after the outage and failing to maintain logs of the date, duration and purpose of all Air Pollution Control equipment outages for scheduled maintenance. Specifically, the 3.7 million gallon per day wastewater pump station operated from 04/14/20 to 05/30/20 for a total of 45 days without either of the two-sage biological odor scrubber I-BOXtm Biologic System Series 6000, or the Calgon Corp Phoenix 1000 system in use at any time. Additionally, City of Carlsbad did not provide any written notification of the outage, nor did they maintain logs of the date, duration, and purpose of the equipment outage. Response: This alleged violation is related to a capital improvement project that was under construction during this 5-1/2-week time frame. The construction project completely replaced the old lift station and odor reduction system with new systems. The city applied for and received an Authority to Construct (APCD2015-APP-004163} in May 2018 to construct the lift station and appurtenant equipment. The Authority to Construct was revised and updated with new terms Public Works Branch Utilities Department 5950 El Camino Real I Carlsbad, CA 92008 I 760-438-2722 t Notice of Violation (NOV) APCD2021-NOV-000009 Response Jan. 22, 2021 Page 2 in February 2020 (Attachment A). The new odor reduction system was installed in March 2020. The new lift station was not in use from April 14, 2020 to April 21, 2020 due to construction activity which prevented the operation of the lift station, and the system was on bypass during this time. The lift station and the odor reduction system resumed operation on April 21, 2020. The estimated average daily flow during this time period is approximately i .2 million gallons per day. In conjunction with the construction work, the city submitted a request to retire the previous Permit to Operate (APCD2005-PTO-977904) on April 14, 2020 via email (Attachment A). This was intended to notify the APCD that the old lift station was no longer in use. The city's understanding was that the old station equipment and permit would be retired and the new equipment would be operated under the new permit. There was no "outage" per the new permit as the air pollution odor reduction system equipment was always in operation when the process equipment was in operation. The city believes the violation should be reduced to a record keeping violation for not having the records on site which had no impact to the environment. Section(s)/Rule(s) Description of Violation 1-----------'-'----'--'--------+-------L aw Type: District Rules Condition #3 -Failing to maintain records of the hydrogen sulfide category: Permit to Operate concentration at the outlet of the control device. Specifically, there 21 were no records of the hydrogen sulfide concentration at the outlet ~s_e_ct_io_n: ________________ ~f_ro_m_0_4/_1_4/_20_t_o_0_5/30/20 for a total of 45 days without records. Response: . The new lift station and the odor reduction system 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 resulted from miscommunication with the city's construction contractor and the contractor's differing interpretation of the contract requirements. 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. Please contact Jesse Castaneda at (760) 438-2722, jesse.castaneda@carlsbadca.gov or myself at vicki.quiram@carlsbadca.gov if you have any questions or require additional information. Sincerely, QCt~l -f p,_elj,{__ for Vicki Quiram Utilities Director Notice of Violation (NOV) APCD2021-NOV-000009 Response Jan. 22, 2021 Page 3 Attachment A: Authority to Construct (APCD2015-APP-004163) Attachment B: Request to Retire Permit to Operate (APCD2005-PTO-977904) Notice of Violation (NOV) APCD2021-NOV-000009 Response Attachment A APCD COUNTY OF SAN DIEGO, AIR POLLUTION CONTROL DISTRICT 10124 OLD GROVE ROAD, SAN DIEGO, CA 92131 ---------------AIR POLLUTION CONTROL DISTRICT COUNTY OF SAN DIEGO Sectors: 1, C (858) 586-2600 FAX (858) 586-2601 www.sdapcd.org Site Record ID : APCD2002-SITE-04529 Application Record ID APCD2015-APP-004163 11111m11111111111111111111111111111111111m1111m1111111111111111m1111111111111111111111111m11111 City of Carlsbad Jesse Castenada, 5950 El Camino Real Carlsbad, CA 92008 EQUIPMENT ADDRESS Carlsbad City of Wastewater Fox's Sewer Lift Station 4155 Harrison St Carlsbad, CA 92008 AUTHORITY TO CONSTRUCT EXPIRES: September 1, 2020 After examination of your Application for an Air Pollution Control District (hereinafter referred to as "the District") Authority to Construct .and Permit to Operate for equipment located at the above location, the District has decided on the following actions: Authority to Construct is granted pursuant to Rule 20 of the Air Pollution Control District Rules and Regulations for equipment to consist of: A 3.7 MILLION GALLON PER DAY (MGD) CAPACITY WASTEWATER PUMP STATION. APPROX WET WELL VOLUME OF 1,500 CU. FT. CONTROLLED BY ONE (1) TWO-STAGE BIOLOGICAL ODOR SCRUBBER I-BOXTM BIOLOGICAL SYSTEM SERIES 6000 (INTEGRITY MUNICIPAL SYSTEMS) WITH A FLOW RATE OF 850 CFM. This Authority to Construct is issued with the following conditions: 1. At no time shall the subject equipment cause or contribute to a nuisance as specified in District Rule 51. If compliance with Rule 51 cannot be demonstrated to the satisfaction of the District, the applicant will take whatever corrective action necessary to meet applicable requirements. If corrective action requires any physical change or modification to the subject equipment, the applicant shall apply for and obtain an Authority to Construct for all such modifications. 2. The odor reduction system (ORS) and its monitoring equipment shall be maintained in good operating condition and shall be in full operation in accordance with the facility's operations and maintenance (O&M) manual at all times when the process equipment is in use, except during periods of any maintenance affecting the ORS not to exceed 72 hours per calendar year. The District must be notified of all ORS maintenance shutdown exceeding 24 hours. Notification must be submitted in writing within 2 calendar days before or after the initial maintenance shutdown. The O&M manual and logs of the date, duration (in minutes) and purpose of any maintenance affecting the ORS shall be maintained on-site for three years and made available to District personnel upon request. (Rule 51) 3. The hydrogen sulfide concentration at the outlet of the control device shall be less than or equal to two ppmv. The hydrogen sulfide concentration at the outlet of the control device shall be measured once a week and when requested by District personnel. Records of hydrogen sulfide concentration and the corresponding date of the hydrogen sulfide concentration measurement shall be maintained on-site for three years and made available to District personnel upon request. (Rule 51) Page 1 of 3 Print Date: February 5, 2020 APC009 V1 .13 4; Hydrogen Sulfide concentrations shall be measured with a properly calibrated Portable Hydrogen Sulfide Analyzer (such as an Industrial Scientific ATX-612 H2S or a Jerome Meter Model 631-X), an appropriate Dragertube #8101991) or any equivalent method approved in writing by the District. The above monitoring equipment shall be maintained and calibrated in accordance with manufacturer's specifications. The manufacturer's specifications and records of any maintenance and calibrations shall be made available to District personnel upon request. 5. Where equipped, process covers or enclosures shall be used at all times except during periods of equipment maintenance. [Rule 51] 6. Access, facilities, utilities and any necessary safety equipment for source testing and inspection shall be provided upon request of the Air Pollution Control District. 7. This Air Pollution Control District Permit does not relieve the holder from obtaining permits or authorizations required by other governmental agencies. 8. The permittee shall, upon determination of applicability and written notification by the District, comply with all applicable requirements of the Air Toxics "Hot Spots" Information and Assessment Act (California Health and Safety Code Section 44300 et seq.) This Authority to Construct does not authorize operation of the above-specified equipment until written notification has been provided to the District indicating that construction (or modification) has been completed in accordance with this Authority to Construct. Upon submission of this notification, temporary Permit to Operate shall take effect and will remain in effect, unless withdrawn or modified by the District, until the equipment is inspected by the District and a revised temporary permit (Startup Authorization) is issued or a Permit to Operate is granted or denied. This Authority to Construct shall be posted on or within 25 feet of the above described equipment or maintained readily available at all times on the operating premises. Upon completion of construction (or modification) in accordance with this Authority to Construct, and prior to commencing operation, the applicant must complete and mail, deliver or email to APCDPermits@sdcounty.ca.gov the enclosed Construction Completion Notice to the District. After mailing, delivering or emailing the notice, the applicant may commence operation of the equipment. Operation must be in compliance with all the conditions of this Authority to Construct and applicable District Rules. This Authority to Construct does not relieve the holder from obtaining permits or authorizations, which may be required by other governmental agencies. This Authority to Construct is not authority to exceed any applicable emission standard established by this District or any other governmental agency. This authorization is subject to cancellation if any emission standard or condition is violated. Within 30 days after receipt of this Authority to Construct, the applicant may petition the Hearing Board for a hearin~ on any conditions imposed herein in accordance with Rule 25. This Authority to Construct will expire on 09/01/2020 unless a·n extension is granted in writing. This is not a Permit to Operate. Please be advised that installation or operation of this process or equipment without written authorization may be a misdemeanor subject to fines and penalties. If you have any questions regarding this action, please contact me at or via email at Peter.Ossowski@sdcounty.ca.gov. Page 2 of 3 Print Date: February 5, 2020 APC009 V1 .13 Peter Ossowski Assistant Engineer Page 3 of 3 Print Date: February 5, 2020 APC009 V1.13 Notice of Violation (NOV) APCD2021-NOV-000009 Response Attachment B David Hull From: Sent: To: Subject: Attachments: Importance: FYI Jesse Castaneda Public Works Utilities Supervisor 5950 El Camino Real Carlsbad, CA 92008-8802 Jesse.Castaneda@carlsbadca.gov 760-438-2722 x7137 760-431-2658 f Jesse Castaneda Wednesday, January 13, 2021 4:00 PM David Hull FW: Request to retire an Air Pollution Control District permit APCD Request to Retire Permit_Foxs Odor Scrubber_2020 March.pdf; APCD2015- APP-004163-Modification Application .pdf; receiptView.pdf High From: Stephanie Harrison <Stephanie.Harrison@carlsbadca.gov> Sent: Tuesday, April 14, 2020 3:47 PM To: Jesse Castaneda <Jesse.Castaneda@carlsbadca.gov> Subject: FW: Request to retire an Air Pollution Control Dist rict permit Importance: High From: McDaniel, Carol <Carol.McDaniel@sdcounty.ca.gov> Sent: Tuesday, April 14, 2020 1:55 PM To: Stephanie Harrison <Stephanie.Harrison@carlsbadca.gov>; Ossowski, Peter <Peter.Ossowski@sdcounty.ca.gov> Subject: FW: Request to retire an Air Pollution Control District permit Importance: High Hello, Permit 977904 has open app 004163 (modification/replacement) and should be maintained pending approval of updated existing permit. Please see attached. Thank you, Carol McDaniel 1 From: Stephanie Harrison <Stephanie.Harrison@carlsbadca.gov> Sent: Tuesday, April 14, 2020 11:55 AM To: LUEG, APCDPermits <apcdpermits@sdcounty.ca.gov> Cc: Jesse Castaneda <Jesse.Castaneda@carlsbadca .gov> Subject: FW: Request to retire an Air Pollution Control District permit Importance: High To Whom it May Concern: Attached please find our request to retire APCD permit APCD2005-PTO-977904. Please let us know if any further information is needed to retire this permit. Thank you. Regards, Stephanie { City of Carlsbad Stephanie Harrison Asset Manager City of Carlsbad Public Works -Utilities Division 5950 El Camino Real Carlsbad CA 92008 www.carlsbadca.gov P: 760-603-7310 F: 760-431-1601 E: stephanie.harrison@carlsbadca.gov From: Jesse Castaneda Sent: Monday, April 13, 2020 11:43 AM To: Stephanie Harrison <Stephan ie.Harrison@carlsbadca.gov> Subject: FW: Request to retire an Air Pollution Control District permit Importance: High fyi From: Quenga, Dorlisa <Dorlisa.Quenga@sdcounty.ca.gov> Sent: Monday, April 13, 2020 11:42 AM To: Jesse Castaneda <Jesse.Castaneda@carlsbadca.gov> Subject: Request to retire an Air Pollution Control District permit Importance: High Hello Jesse, 2 As per our phone conversation, to retire your permit(s), just fill out the attached form and return it via email: apcdpermits@sdcounty.ca.gov . Have a nice day, Dorlisa Quenga APC AIDE Phone 858-586-2636/2600 Fax 858-586-2601 Dorlisa.Quenga@sdcounty.ca .gov APCD CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 3 ~_ETJl3EM!;NT BV:R~9!JE~J F9RM ... ----------------- Company Name: [ ,J½ 0 f G..v ( $ ba, d Contact Name: j e ss e { ~sh r'\ -e..d 0,, Address(es): S9S-D c ! Uln-\l'r'L.2> ~a..\ 0\..--l~bN Cfi q 2..CO~ PTO(s)#: __ _,_lt-'--'P'--=c.--'=o"-'z_=-=oc.:c.PS---"'---.!...-er"'--=o_-_._c;....._2 ...... 7_7'----'o:;.......L..+ __ _ SITE ID(s)#: __ lt-.'----/J_c---'1_=D_'2...~_ ~o_o~z_~--S_,_I_._T_,,~~-~0_4-__.__...S __ Z.. _____ 9 __ _ Reason for Retirement: 7/2 .e tfl-s-/4-h'c:n Is b.e1b3 r-v1 /4t:d. 1b is odor St:-vubher /2Af' h ~LJ-7 d ~ (_.l)n--,n,-,i>f,(DY1~c1at:1,,I JS /x,j ,15 r~~Ce1J?l tv1,i't ~ rfr f&~n+-umf{rur~~ ?f.n/.(r ;;u ,/- -· fv U "5 fr7-< d J * If you are retiring a permit from an invoice, if possible , please attach a copy of the invoice. Please mail to Permit Processing, SDAPCD, 10124 Old Grove Road, San Diego, CA 92131 or fax to 858-586-2601 . _ Permit Processing Use: Date Request Received: _______ _ Date Retired in BCMS: ·-------- Retired by: _________ _ Date Retirement Letter Mailed: ____ _ January 22, 2021 Air Pollution Control District Attn: Compliance Division 10124 Old Grove Road San Diego, CA92131-1649 ATTACHMENT C Re: Notice of Violation# APCD2021-NOV-000008 To Whom It May Concern: (city of Carlsbad On Jan. 6, 2021, the City of Carlsbad, Utilities Department (Utilities) received the above- referenced Notice of Violation (NOV) for operating a 2013 John Deere emergency diesel engine, Model 4045 HF285, S/N PE4045L240876 without written authority from the Air Pollution Control District (District) at Homeplant Lift Station, 2359 Carlsbad Boulevard. Specifically, the previous permit for this engine was retired on July 17, 2020 yet continued to operate. As described below, a typographical error caused the mix-up in reporting which engine would be retired. Utilities embarked on a project to replace the aging generator at Homeplant Lift Station. Staff filed for and received a permit to operate the new generator. Therefore, there were two active generator permits for the at Homeplant Lift Station. Staff filed an application to retire the aging generator after it was replaced. During this process, the permit number for the retired generator was inadvertently switched to the new generator permit number, causing the permit for the new generator to be retired rather than the permit for the aged generator that was actually retired. Upon receipt of the NOV, staff took immediate action to correct the discrepancy in generator identification numbers with APCD. On Jan. 8, 2021, the permit was reactivated with the correct identification number. Attachment A provides the email sent to Arthur Carbonell at the APCD office on Jul. 8, 2020 requesting cancellation of the operating permit for the generator that was replaced, APCD2006-PTO-982656. City staff acknowledged the incorrect permit number and permit APCD2014-PTO-002119 was canceled as of Jan. 7, 2021. On Jan. 8, 2021, the city submitted a request via the email in Attachment B to reinstate the correct permit, APCD2014-PTO-002119. Public Works Branch Utilities Department 5950 El Camino Real I Carlsbad, CA 92008 I 760-438-2722 t Notice of Violation (NOV) APCD2021-NOV-000008 Response Jan. 22, 2021 Page 2 Although the permit numbers were inadvertently switched, the correct generator was retired and replaced. We appreciate APCD bringing this to our attention so the records could be quickly corrected. We are pleased that, with your help, the permit numbers were corrected, and on Friday, Jan. 8, 2021, the permit (Attachment C) was reactivated. Moving forward, the city will ensure we carefully check all records to prevent any further inadvertent typographical errors. Please contact Jesse Castaneda at (760) 438-2722, jesse.castaneda@carlsbadca.gov, or myself at vicki.quiram@carlsbadca.gov, if you have any questions or require additional information. Cvt(i p,~ for Vicki Quiram Utilities Director Attachment A -Request to Retire Operating Permit APCD2006-PTO-982656 Attachment B -Request to Reinstate Operating Permit APCD2014-PTO-002119 Attachment C -Reactivated Operating Permit APCD2014-PTO-002119 Notice of Violation (NOV) APCD2021-NOV-000008 Response Attachment A APCD ~ AIR POLLIITION CONTROL DISTRICT COUNTY OF SAN OI EGO July 17, 2020 City of Carlsbad Jesse Castaneda 2359 Carlsbad Village Drive Carlsbad CA 92008 EQUIPMENT ADDRESS: Same As Above IMPORTANT NOTICE You have advised the District that your Emergency Generator with Permit to Operate No(s ). APCD2014-PTO-002119 will not be used again. Therefore, your permit/shave been retired on 7/17/2020. If you wish to reinstate your permit/sit must be done within 6 months of the retirement date. To reinstate the permit/s, contact Permit Processing at (858) 586-2600. Please be advised that any operation of the equipment after the retirement date described in the aforementioned Permit to Operate is a misdemeanor, which may be subject to substantial fines or penalties. If the equipment is observed in use by the District appropriate legal action will be undertaken. A new Permit to Operate may be applied for by submitting an application and the necessary fee to the Air Pollution Control District. If you have any questions regarding this matter please call Permit Processing at (858) 586-2600. ~ (sAIKA/(CW ' Pe1mit Processing Supervisor LR:cg I.D.# APCD2005-SITE-05521/C 10 124 Old Grove Rd. -San Diego -California 92131-1649 -(858) 586-2600 FAX (858) 586-2601-Smoking Vehicle Hotline -1-800-28-SMOKE www.sdapcd.org · .. ····--_: ___ . _ .. -·····-· .: -· ... · . __ RJ:flR.EMENT8YREQUESl FORM _ ···--··· ··· __ ,._ ...... ~· ... : Comp~ny Name: City of Carlsbad Contact Name: Jesse Castaneda (760) 603-7337 Address(es): 2359 Carlsbad Village Drive, Carlsbad, CA 92008 PO(s)#:_N_/A ____________ ~----- ID(s)#: . APCD2014-PTO-002119 Reason for Retirement: Generator was replaced and is no longer being used. * If you are retiring a permit from an invoice, if possible, please attach a copy of the invoice. Please mail to Permit Processing, SDAPCD, 10124 Old Grove Road, San Diego, CA 92131 or fax to 858-586-2601. Permit Processing Use: Date Request Received: 7/14/2020 Date Retired in BCMS: 71i712o2o ·--------Retired by: Cindy Gould BCMS ID:2005-SITE-05521 Legacy ID: _____ _ Date Retirement Letter Mailed: _____ _ From: To: Cc: Subject: Date: Attachments: Dani McManus Gould Cynthia Jesse Castaneda RE: Generator Registration Change Tuesday, July 14, 2020 2:15:57 PM image001.png image002.ong Retirement Form.pdf Good afternoon Cynthia, Please refer to the completed and attached retiren:,ent requesfform. I have also enclosed this form and certified mailed the original copy to you. Thank you for the assistance. Best, {ci!Y of Carlsbad Dani McManus Secretary Public Works -Utilities 5950 El Ca mino Real Carlsbad, CA 92008 www.carlsba dca.gov 760-603-7334 I 760-431-1601 fax I Dan i.McManus@carlsbadca.gov From: Gould, Cynthia <Cynthia.Gould@sdcounty.ca.gov> Sent: Friday, July 10, 2020 8:03 AM To: Dani McManus <dani.mcmanus@carlsbadca.gov> Subject: RE: Generator Registration Change Good morning: please fill out the attached retirement request form and send back to me. You will receive confirmation letter confirming retirement. Thanks. Cynthia R. Gould, APC Aide & Public Records Liaison Air Pollution Control District 10124 Old Grove Road I San Diego, CA 92131 Office: 858-586-2616 I MS: 0-176 https://www.sdapcd.org/ APCD ~-All Plim■ co.ma lllfJllCT C:111111 r Uli llllU For local information and daily updates on COVID-19. please vIsIt www.coronavirus-sd.com. To receive updates via text, send COSD COV!D19 to 468-311. From: Carbonell, Arthur <Arthur.Carbonell@sdcounty.ca.gov> Sent: Thursday, July 09, 2020 4:02 PM To: Gould, Cynthia <Cynthia.Gould@sdcounty.ca.gov> Subject: FW: Generator Registration Change Cindy, Could you please retire APCD2014-PTO-002119 as requested below? If you need any further information, please contact Dani McManus at dani.mcmanus@carlsbadca.gov. Thanks ahd please let me know if you need anything else from me. -Arthur From: Dani McManus <dani.mcmanus@carlsbadca.gov> Sent: Thursday, July 9, 2020 1:57 PM To: Carbonell, Arthur <Arthur.Carbonel!@sdcounty.ca.gov> Cc: Jesse Castaneda <Jesse.Castaneda@carlsbadca.gov> Subject: RE: Generator Registration Change Good afternoon Arthur, Thank you for the clarification. The correct registration ID number for the generator that we are asking to retire is APCD2014-PTO-002119, John Deere diesel engine. Please forward this information to your Permit Processing Group. Will we receive notification about the change once it's processed? I appreciate your help with this. Thank you, ....... (City of Carlsbad Dani McManus Secretary Public Works -Utilities 5950 El Camino Real Carlsbad, CA 92008 www.carlsbadca.gov . 760-603-7334 I 760-431-1601 fax I Dani.McManus@carlsbadca.gov From: Carbonell, Arthur <Arthur.Carbonell@sdcounty.ca.gov> Sent: Wednesday, July 8, 2020 4:47 PM To: Dani McManus <dani.mcmanus@carlsbadca.gov> Cc: Jesse Castaneda <Jesse.Castaneda@carlsbadca.gov> Subject: RE: Generator Registration Change Dani, Just to clarify, you asking to retire APCD2006-PTO-982656 and remove the engine from the site, correct? If so, I will forward this email to our Permit Processing Group to process your request. Thanks. -Arthur From: Dani McManus <dani.mcmanLJs@carlsbadca.gov> Sent: Wednesday, July 8, 2020 4:11 PM To: Carbonell, Arthur· <Arthur.Carbonell@sdcounty.ca.gov> Cc: Jesse Castaneda <Jesse.Castaneda@carlsbadca.gov> Subject: Generator Registration Change Good morning Arthur, Thank you for your follow up call. I wanted to email you as this may be an easier way of communication during our busy days! We have a generator that is registered for the Home Plant Lift Station located at 2359 Carlsbad Blvd; however, we need to remove it as there is another registered generator in its place. The registration ID for the generator that is no longer used/needed is APCD2006-PTO-982656. Could you please advise on how we go about making this change? Please feel free to contact me for further questions regarding this request. Thank you, (_City of Carlsbad Notice of Violation (NOV} APCD2021-NOV-000008 Response Attachment B Jesse Castaneda From: Sent: To: Roy, Laika < Laika.Roy@sdcounty.ca.gov> Friday, January 8, 2021 12:19 PM Quenga, Dorlisa Cc: Jesse Castaneda Subject: RE: City of Carlsbad APCD2014-PTO-002119/APCD2006-PTO-982656 Hi Dorlisa, Please reactivate the permit since renewal fees were collected. Respectfully, Laika Roy, Permit Processing Supervisor Air Pollution Control District 10124 Old Grove Road I San Diego, CA 92131 Office: 858-586-28161 MS: 0-176 APCD ~--..... '-IIPIUIJlllmllll..lllllCT u■■n u tl.H IUH ~ ---------------- For local information and daily updates on COVID-19, please visit www.coronavirus-sd.com. To receive updates via text, send COSD COVID19 to 468-311. From: Quenga, Dorlisa <Dorlisa.Quenga@sdcounty.ca.gov> Sent: Friday, January 8, 202112:17 PM To: Roy, Laika <Laika.Roy@sdcounty.ca.gov> Cc: Jesse Castaneda <Jesse.Castaneda@carlsbadca.gov> S1.1bject: RE: City of Carlsbad APCD2014-PTO-002119/APCD2006-PTO-982656 Importance: High Hello Ms. Laika, Please advise if we could move forward to reactivating APCD2014-PTO-02119. Permit renewal fees have been paid thru 03/2021, please see attached receipt and the 2021 permit which was issued previously. fJ"QIDl Lopez:, Jorge <Jor.ge.lopez~sdcounti;;ca.gov> Senti 11.ie~d<:ly; Janu~ry ~,. 20219~22--AM Tm:O.ue~ga; Dorli~a >:::Qorlisa;Quenga@sdcounty.ca.gov> cc: Roy; Lailra <lafk~.Rov@sdrountv.ca.gov> Subject: APC:02014-PT0-002;1.19 . Thank you, 1 Dor.lisa Quenga APC Aide Phone 858-586-2636/2600 Fax 858-586-2601 Dorlisa.Quenga@sdcounty.ca.gov APCD ~--~- AIB PlllfTIIJN . L If n-c · U TY Of UN IU:O From: Jesse Castaneda <Jesse.Castaneda@carlsbadca.gov> Sent: Friday, January 08, 202111:44 AM To: Quenga, Dorlisa <Dorlisa.Quenga@sdcounty.ca.gov> Cc: Roy, Laika <Laika.Roy@sdcounty.ca.gov> Subject: RE: City of Carlsbad APCD2014-PTO-002119/APCD2006-PTO-982656 Hi Dorlisa,· Per our conversation on January 6th 2021 in regards to the reinstatement of Operating permit APCD2014-PTO-002119 at 2359 Carlsbad Blvd Carlsbad CA 92008 That was canceled by mistake, can you please send me an update on the processes. Call me if you have any questions my work number is 760-603-7337 or my cell 760-802-8200 Thank you Jesse Castaneda Public Works Utilities Supervisor 5950 El Camino Real Carlsbad, CA 92008-8802 Jesse. Casta neda@ca rlsbadca :gov 760-438-2722 x7137 760-431-2658 f From: Quenga, Dorlisa <Dorlisa.Quenga@sdcounty.ca.gov> Sent: Wednesday, January 6, 2021 2:23 PM To: Jesse Castaneda <Jesse.Castaneda@carlsbadca.gov> Cc: Roy, Laika <Laika.Roy@sdcounty.ca.gov> Subject: City of Carlsbad APCD2014-PTO-002119/ APCD2006-PTO-982656 Importance: High Hello Jesse, 2 Per our phone conversation, please attach the previo·us correspondences with APCD concerning the permits we spoke about. Per permit #APCD2006-PTO-982656--As per our phone conversation, to retire your permit(s), just fill out the attached form and return it via email: apcdpermits@sdcounty.ca.gov . @Roy, Laika-This pertains to the email from Jorge Lopez yesterday. Have a nice day, Dorlisa Quenga APC AIDE Phone 858-586-2636/2600 Fax 858-586-2601 Dorlisa.Quenga@sdcounty.ca.gov CAUTION: Do not open attachments or click on links unless ou recognize the sender and know the content i en attachments or click on links unless you recognize the sender and know the content i 3 Notice of Violation (NOV) APCD2021-NOV-000008 Response Attachment C Jesse Castaneda From: Sent: To: Cc: Quenga, Dorlisa < Dorlisa.Quenga@sdcounty.ca.gov> Friday, January 8, 2021 4:05 PM Jesse Castaneda Roy, Laika Subject: Attachments: RE: City of Carlsbad APCD2014-PTO-002119/APCD2006-PTO-982656 APCD2014-PTO-002119-Permit RenewaI_2021 .pdf; RE: City of Carlsbad APCD2014- PTO-002119/ APCD2006-PTO-982656 Importance: High Hello Jesse, APCD2014-PTO-002119 has been reinstated. Please be advise it will be billed in a couple weeks under APCD2005-SITE- 05521. I APCO2-014-PTO-00211'9 I ···-···--. ____ _, ______ . ··------· . --·--·--·-···. i Menu ;;; I i View Log ] f Search l ( Help ! I -·-"--. ······. -------·----~ . --·•··-····--.... ····-· -·-··· 'G T '◄ l ' 11 .. 11 1 ._ -~-~ i , (3) _L Record Status History (4) ! i Rela~d Records !_1 Renewallnfo I J Sta_~s 1 ;_ _:rmsJ A_cc~urits (O} Status Active Retired Have a nice day, Dorlisa Quenga APC AIDE Phqne 858-586-2636/2600 Fax 858-586 -2601 Dorlisa.Quenga@sdcounty.ca.gov APCD ~-~- Al PDllDTI C UL IITIIICT GDU nv OF AN .HGD: Updated Date Status Date 01/08/2021 01/08/2021 om11202-o on1112020 From: Jesse Castaneda <Jesse.Castaneda@carlsbadca.gov> Sent: Friday, January 08, 202111:44 AM· To: Quenga, Dorlisa <Dorlisa.Quenga@sdcounty.ca .gov> 1 Action By borlrsa Queng,a Cyntllia Gould Updated By DQUENGM CGOULD Cc: Roy, Laika <Laika.Roy@sdcounty.ca.gov> Subject: RE: City of Carlsbad APCD2014-PTO-002119/ APCD2006-PTO-982656 Hi Dorlisa; Per our conversation on January 6th 2021 in regards to the reinstatement of Operating permit APCD2014-PTO-002119 at 2359 Carlsbad Blvd Carlsbad CA 92008 That was canceled by mistake, can you please send me an update on the processes. Call me if you have any questions my work number is 760-603-7337 or my cell 760-802-8200 Thank you Jesse Castaneda Public Works Utilities Supervisor 5950 El Camino Real Carlsbad, CA 92008-8802 Jesse.Castaneda@carlsbadca.gov 760-438-2722 x7137 760-431-2658 f From: Quenga, Dorlisa <Dorlisa.Quenga@sdcounty.ca.gov> Sent: Wednesday, January 6, 2021 2:23 PM To: Jesse Castaneda <Jesse.Castaneda@carlsbadca.gov> Cc: Roy, Laika <Laika.Roy@sdcounty.ca.gov> Subject: City of Carlsbad APCD2014-PTO-002119/ APCD2006-PTO-982656 Importance: High Hello Jesse, Per our phone conversation, please attach the previous correspondences with APCD concerning the permits we spoke about. Per permit #APCD2006-PTO-982656-As per our phone conversation, to retire your permit(s), just fill out the attached form and return it via email: apcdpermits@sdcounty.ca .gov . @Roy, La ika-This pertains to the email from Jorge Lopez yesterday. Have a nice day, Dorlisa Quenga .APC AIDE Phone 858-586-2636/2600 Fax 858-586-2601 Dorlisa.Quenga@sdcounty.ca .gov 2 APCD --------------Sin DIIIO cu~,, Air PoDutiDD C Di tricl March 10, 2021 JESSE CASTANEDA CITY OF CARLSBAD 5950 EL CAMINO REAL CARLSBAD CA 92008 ATTACHMENT D SETTLEMENT OFFER RE: NOTICE OF VIOLATION NUMBER APCD2021-NOV-000008; APCD2021-NOV-000009 Location of Violation: Rule/Section Violated: Dear Jesse Castaneda: 2359 Carlsbad Blvd, Carlsbad, CA 92008; 4155 Harrison St, Carlsbad, CA 92008 l0(a/b); 21; 21 The San Diego County Air Pollution Control District (District) issued Notices of Violation No. APCD2021- NOV-000008 & APCD2021-NOV-000008 (copies attached) to CARLSBAD CITY OF for the following reason(s): On December 30, 2020, a District inspector discovered the failure to maintain the air pollution control equipment, a two-stage biological odor scrubber, in full operational condition while the process equipment was in operation at the 'Fox's Landing Sewer Lift Station' located at 4155 Harrison St resulting in APCD2021-NOV-000009. Specifically, the wastewater pump station has no proof the odor scrubber was operational or non-operational from April 14, 2020 to May 30, 2020 due to records not properly maint.ained indicating the date, duration and purpose of an outage or usage. There were no hydrogen sulfide concentration readings documented at the outlet of the control device for the same duration of time. The District notes your response dated January 22, 2021 indicating the new odor reduction system was installed in March 2020 and the new lift station with the new odor reduction system . began operating on April 21 , 2020. Additionally, you note that on April 14, 2020 the City of Carlsbad submitted a request to retire the previous Permit to Operate (APCD2005-PTO- 977904), and that this was intended to notify the District that the old lift station was no longer in use. However, the Construction Completion Notice (CCN) submitted on May 22, 2020 by City of Carlsbad staff indicates construction was completed on May 27, 2020. Be aware that Authmity to Construct APCD2015-APP-004163 did not allow operation of the new equipment until the CCN was submitted to the District. An email was sent to the City of Carlsbad on Jan 22, 2020 from Permitting regarding APCD2015-APP-004163 specifically saying the "Authority to Construct was being extended, but also the email was not acting as an Authority to Construct or Permit to Operate. That the installation and/or operation ofthis equipment without written authorization is subject to fines." A second routine District inspection also occurred on December 30, 2020 at the 'Homeplant Lift Station' located at 2359 Carlsbad Blvd (APCD2005-SITE-05521) which discovered the operation of a John Deere emergency engine without proper authority. Specifically, at the request of the site, the previous permit for this engine (APCD2014-PTO-002 I 19) was retired on 07/17/20 and continued to operate from that date until the date of inspection, for a total of 5.5 10124 Old Grove Rd. -San Diego -California 9213 1-1649 -(858) 586-2600 FAX (858) 586-2601 -Smoking Vehicle Hotline -1-800-28-SMOKE www.sdapcd.org JESSE CASTANEDA CITY OF CARLSBAD -2-March I 0, 2021 months ofunpetmitted use. The District notes your response that the wrong emergency generator permit number was retired and corrected the error within a week of the violation. Penalties for such violations are determined according to the California Health & Safety Code and can include civil penalties ofup to $10,000 for each day of each violation. The amount of the District's settlement offer specified below takes into account the magnitude and severity of the violation, as well as the prior history of violations of a similar nature. The District also considers, if relevant, how well equipment was maintained, whether control equipment was unproven or innovative, and any action taken to mitigate the violation, including any quick cleanup or construction. For more information on the District's Violation Settlement Program, please see http://www.sdapcd.org/content/sdc/apcd/en/compliance-programs/Violation Information.html. The District would like to settle this matter without going to court. Based on currently available information, I am authorized to settle this matter as follows: I.Payment of a civil penalty in the amount of $2200. 2.Upon receipt of the payment, CARLSBAD CITY OF shall be released from any and all claims by theDistrict for civil or criminal penalties arising out of the violations of District Rules and air quality lawsreferred to in the Notice of Violation. However, such release does not relieve CARLSBAD CITY OFfrom complying with the regulations of other government agencies, and it does not address or resolveviolations ofregulations which may be enforced by any other agency. 3. Settlement of this matter shall not constitute an admission ofliability in any administrative or judicialproceeding, nor shall evidence of the settlement be admissible in any such proceeding. 4.However, the District reserves the right to prove the alleged violation in connection with any petition fora variance, permit revocation, or abatement order before the District Hearing Board, or to rely on thealleged violation in connection with the determination of the appropriate penalty in the event similarNotices of Violation are issued in the future. Similarly, at any such time you could present info1mationyou have regarding the alleged violations. If you would like to discuss this matter or provide additional infotmation for consideration, you may contact me at (858) 229-0106 or at julie.byford@sdcounty.ca.gov. You may also request an office conference with me. If you would like to pay by major credit card, please call (858) 586-2600 and ask for the Accounting Division. If you would like to pay by check, please write the reference number, APCD2021-NOV-000008 & APCD2021-NOV-000009, on your check, and send payment to: ATTENTION: Accounting San Diego County Air Pollution Control District 10124 Old Grove Road San Diego, CA 92131 If we do not hear from you within 25 days, we will assume that you are not interested in resolving this matter. Violations that cannot be settled may be referred for litigation. Sincerely, JlU-il� Julie Byford Civil Actions Investigator Enclosure IF YOU HA VE ANY LEGAL QUESTIONS REGARDING SETTLEMENT, PENAL TIES, OR PROCEDURES, YOU MAY SEEK THE ADVICE OF AN ATTORNEY. Reference Number: APCD2021-NOV-000008 & APCD2021-NOV-000009