HomeMy WebLinkAbout2009-093
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RESOLUTION NO, 2009-93
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A RESOLUTION RATIFYING EXECUTION OF A SETTLE MEN
AGREEMENT AND DECLARATION OF GAS DISPENSING FACILITY BETWEEN
THE CITY OF SAN BERNARDINO AND THE SOUTH COAST AIR QUALITY
MANAGEMENT DISTRICT (AQMD) CONCERNING THE INSTAllATION OF AN
ENHANCED VAPOR RECOVERY SYSTEM (EVR) FOR THE CITY'S GASOLINE
DISPENSING FACILITY,
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WHEREAS, the AQMD required all gas dispensing facilities within its
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jurisdiction to have an enhanced vapor recovery ("EVR") system in place and working
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on or before April 1, 2009; and
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WHEREAS, if the EVR system was not in place and working at the City
gasoline dispensing facility on or before April 1, 2009, the City was required to either
cease pumping fuel at its facility or execute a Settlement Agreement between the City
of San Bernardino and South Coast Air Quality Management District ("Settlement
Agreement") and a Declaration of Gas Dispensing Facility ("Declaration") with the
AQMD, to allow continued pumping; and
WHEREAS, per the Settlement Agreement a $1,000 penalty is assessed for
each month between April 1, 2009 and August 31, 2009, in which the EVR is not
installed and dispensing of fuel continues, and with an increase in fees thereafter; and
WHEREAS, pursuant to the above, on March 31, 2009, the Acting City
Manager executed the Settlement Agreement and the Declaration on behalf of the
City.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCil OF THE CITY
OF SAN BERNARDINO AS FOllOWS:
SECTION 1, That the execution by the Acting City Manager of the City of San
Bernardino of the Settlement Agreement between the City of San Bernardino and
South Coast Air Quality Management District (AQMD), a copy of which is attached
F:\WILSONIPublic ServicesIResolution Vapor Recovery System.doc
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2009-93
hereto, marked Attachment "1" and incorporated herein by reference as fully as thoug
set forth at length and the Declaration of Gas Dispensing Facility attached heret
marked Attachment "2" and incorporated herein by this reference, is hereby ratified,
SECTION 2, That pursuant to this determination the Director of Finance or he
designee is hereby authorized to issue a Purchase Order to South Coast Air Qualit
Management District (AQMD) in the amount of $2,000.
III
III
III
F:\WILSONIPublic ServiceslResolution Vapor Recovery System. doc
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A RESOLUTION RATIFYING EXECUTION OF A SETTlEMEN
AGREEMENT AND DECLARATION OF GAS DISPENSING FACILITY BETWEE
THE CITY OF SAN BERNARDINO AND THE SOUTH COAST AIR QUALlT
MANAGEMENT DISTRICT (AQMD) CONCERNING THE INSTALLATION OF A
ENHANCED VAPOR RECOVERY SYSTEM (EVR) FOR THE CITY'S GASOLlN
DISPENSING FACILITY,
2009-93
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by th
Mayor and Common Council of the City of San Bernardino at a joint regular
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meeting thereof, held on the 70th day of Aoril
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following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN ABSENT
ESTRADA
x
BAXTER
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BRINKER
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SHORETT
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KELLEY
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JOHNSON
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MCCAMMACK
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Q~ IJ. ~_
RaCflel G, Clark, City Clerk
The foregoing resolution is hereby approved this
April , 2009.
C:<~~
Approved as to Form:
F:\WILSON\Public ServicesIResolution Vapor Recovery System,doc
day of
2009-93
ATTACHMENT-1
SETTLEMENT AGREEMENT
WHEREAS, the name or the gaS dispensing facility (hereinafter "GDF') is,
CITY OF SAN BERN, CITY YARD located at
182 S SIERRA WAY, SAN BERNARDINO, CA 92410
WHEREAS, the South Coast Air Quality Management District (hereinafter "District") is a body
corporate and politic established and existing pursuant to Health & Safety Code s40400, et seq,
and is the sole and exclusive local agency with the responsibility for comprehensive air pollution
control in the South Coast Air Basin,
WHEREAS, the GDF is regulated and permitted by the District, and is subject to District Rules
461 and 203(b) as well as requirements adopted by the California Air Resources Board
(hereinafter "CARB"), which are enforceable by the District.
WHEREAS, the GDF is subject to CARB' s requirements to install and successfully test Phase II
Enhanced Vapor Recovery ("PII-EVR) beginning on and after April 1, 2009, and may be
subject to the requirement to install and test an In-Station Diagnostic ("ISO") system by
September 1,2009, Both these requirements are embodied in Title 17 Section 94011 of
the California Code of Regulations (CCR) as well as District Rules 461 (c)(2)(A), (e)(3)
and 203(b),
WHEREAS, the GDF will not have installed and tested all necessary PII-EVR equipment by
April 1, 2009, so that its equipment will not be considered CARB certified as required by that
date, and if subject to the September 1, 2009 ISO deadline, it-will not have timely
installed and tested the ISO system; so that it will be in continuing violation of the above-
referenced requirements until it achieves full compliance with the PII-EVR requirements
and the ISO requirements,
THEREFORE, for good and valuable consideration, the GDF and the District (collectively
referred to as the Parties) agree to the following:
LIMITATIONS OF AGREEMENT
I, This Agreement will not be in effect if the District Hearing Board does not issue a
Stipulated Order for Abatement against the GDF,
2, This Agreement resolves only those violations associated with the failure, if any, to file a
PII-EVR compliance plan by December 3 1, 2008, the failure to operate CARB certified
PII-EVR equipment occurring between April 1, 2009 and December 3 I, 2009, and the
failure to install and operate an ISD system from September I, 2009 to December 31,
2009; and,not any other violations, including any violations related to the failure to file
either a compliance plan or a Phase II EVR pennit application by March 18,2009, The
period of coverage for violations of the PII-EVR and ISD requirements'between April 1
and December 31, 2009 may only be extended by mutual agreement in writing between
the GDF and the District. Unless this Agreement is extended, operation of the GDF
beyond December 31, 2009 is illegal and the GDF will be subject to prosecution for
the full amount of penalties allowed under the law as well as the possible tag-out or
shut.down of the GDF,
PENALTY FOR NOTICE OF VIOLATION
3, If the GDF has received a Notice of Violation for violating District Rule 46l(i), it shall
pay by separate check $500 in addition to the monthly penalties set below,
MONTHL Y PENALTIES
4, The GDF understands that its continuing violations are subject to penalties under state
law of up to $25,000 per day for each day of negligent emission violations. The District
considers numerous factors in assessing an appropriate level of penalties, Two such
CITY OF SAN BERN. CITY YARD (ID 65891)
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2009-93
factors in this case is the number of dispeusers at the GDF an9 the average monthly
throughput in gallons of gasoline dispensed by the GDF from 1/1/08 to 12131/08, The
GDF thus states under penalty of perjury that it has, Fov~ dispensers and its
average monthly thronghpnt of gasoline from 1/1/08 to 12/31/08 is 3'3.5'(,\ gallons
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of gasoline per month. TheGDF further understands that if the District later
determines that either of these stated numbers is inaccurate, this Agreement will be
considered void and the GDF wiD be subject to prosecution for the full amount of
penalties allowed under the law as well as the possible tag-out or shut-down of the
GDF,
5, GDF agrees to the penalty and payment schedule attached to this Agreement as Table L
Based on Table 1, and using the above-stated number of dispensers, GDF represents that
its monthly penalty for the months of April, May, June, July and August of 2009 is
$ I, OF) 0 Imonth, '
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6, The GDF further understands that in order to provide an incentive for early compliance,
the monthly penalty will increase beginning September I, 2009, Again, based on the
attached Table 2 and using the above-stated number of dispensers and average monthly
throughput, GDF represents that its monthly penalty for the months of September,
October, November and December of 2009 is $ t, &.100 Imonth,
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REDUCED PENALTIES
7, Temporary shut.down to avoid penalties: The GDF may choose at any time to
temporarily shut-down its gas dispensing operation until it achieves full compliance with_
the PII-EVR requirements and the September 1, 2009 lSD requirement, if applicable,
The GDF must first notify the District in writing, by completing the enclosed Statement
of Temporary Shutdown and submitting it as directed on the form, After notification,
there will be no applicable daily penalty for the period of time in which the GDF is shut-
down.
MONTHLY PAYMENT SCHEDULE
8. Monthly penalties are due in advance by the first of each month, The first payment shall
be included with the return of this fully completed and signed Settlement Agreement,
The first payment shall include the monthly payment for the month of April 2009, and
any other montWy payments that may be past due, Payments shall he made out to the
South Coast Air Quality Management District, marked with your Facility ID No" and
mailed to the address listed below,
LATE PAYMENTS
9. Monthly payments received after the due dates are subject to an additional 50% late fee,
The late fee payment shill be included with the monthly payment. However, monthly
'payments received by the 10th of the applicable month will not be deemed late, If a
monthly payment is not received within 30 days after the due date, this Agreement will
be conside~ void and the GDF will be subject to prosecution for the full amount of
penalties allowed under the law as well as the possible tag-out or shut-down of the
GDF,
FULL COMPLIANCE
10. Within 5 calendar days after the GDF installs all required Phase n EVR equipment and
any ISD system required by September '1,2009, and successfully tests the installed
equipment and system pursuant to District Rule 461(e), the GDF shall notify the District
of the date that the GDF has achieved fu,ll compliance, Notification shall be made using
the District form entitled, Statement of Full Compliance, and shall be submitted as
directed on the form,
CITY OF SAN BERN, CITY YARD(ID65891)
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2009-93
, MISCELLANEOUS
11. Bindin!!, This Agreement shall be deemed to obligate, extend to, ;md insure to the
benefit of the Parties to the Agreement, and the legal successors, assigns, transfereeS,
grantees, and heirs of each such Party, including those who may assume any or all of the
capacities described herein,
12, Entire Al!I'eement, This Agreement constitutes an integrated contract expressing the
entire agreement o(the Parties hereto relative to the subjecCmatter discussed herein, This
Agreement supersedes all prior proposals, agreements, and understandings between the
Parties and may not be changed or terminated orally, and no change, termination, or
attempted waiver of any of the provisions hereof shall be binding unless in writing and
signed by the Party against whom the same is sought to be enforced,
13, Authoritv to Execute, Each Party represents and warrants to the other Party that the
signatories to the Agreement have been duly authorized to execute the Agreement on
behalf of the entities identified below,
14, Counterparts. This Agreement may be executed in counterparts, each of which shall be
deemed to be an original, but all of which shall constitute one and the same document.
The Parties may execute and deliver this Agreement by transmitting an authorized
signature by fax or pdf via e-mail, and copies of this Agreement signed and delivered by
means of faxed signatures or signatures in a pdf document shall have the same effect as
copies executed and delivered with original signatures,
15, Effective Date, Agreeing to and accepting all of the provisions herein, the undersigned
have executed this Agreement on the date set forth below, The effective date of this
Agreement is April I, 2009,
Mailin!! Address Send all completed documents and payments to:
District Prosecutors Office
EVR Phase II
South Coast Air Quality Management District
21865 Copley Dr
Diamond Bar, CA 91765-9819
IN WITNESS THEREOF, the Parties have executed this Agreement by their duly authorized
representatives as of the date set forth below their respective signatures,
SOUTH COAST AIR QUALITY
MANAGEMENT DISTRICT
NAME of GDF
CITY OF SftM RE.Il.N,4R.DINO
By:
LOl'"i
'5.....$100"'-
By:
William B, Wong, Esq,
Principal Deputy District Counsel
Name' (JJL
Dated
Dated 'j-~I -Ocr
CITY OF SAN BERN, CITY YARD (ID 65891)
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2009-93
Table 1 - Monthl Penal between April 1 , 2009 and August 31, 2009
Number of Dispensers:
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$ 1,500
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$ 2,000
Table 2 - Monthly Penalty between September I, 2009 and December 31,2009
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Monthly Number of Dispensers:
Throughput 1-4 5,9 ,,10
, (oallons\
1 through 1,000 $1,010 $1,510 $2,010
1,000 through 2,000 $1,020 $1,520 $2,020
2,000 through 3,000 $1,030 $1,530 $2,030
3,000 through 4,000 $1,040 $1,540 $2,040
4,000 through 5,000 $1,050 $1,550 $2,050
5,000 Ihrough 6,000 $1,060 $1,560 $2,060
6,000 through 7,000 . $1,070 $1,570 $2,070
7,000 through 8,000 $1,080 $1,580 $2,080
8,000 through 9,000 $1,090 $1,590 $2,090
9,000 through 10,000 $1,100 $1,600 $2,100
10,000 through 20,000 '$1,200 $1,700 $2,200
20,000 through 30,000 $1,300 $1,800 $2,300
30,000 through 40,000 r' $1 ,400 $1,900 $2,400
40,000 through 50,000 $1,500 $2,000 $2,500
50,000 through 60,000 $1,600 $2,100 $2,600
80,000 through 70,000 $1,700 $2,200 $2,700
70,000 through 80,000 $1,800 $2,300 $2,800
80,000 through 90,000 $1,900 $2,400 $2,900
90,000 through 100,000 $2,000 $2,500 $3,000
100,000 through 110,000 $2,100 $2,600 $3,100
-, - ---- $2,700 $3,200
110,000 through 120,000 $2,200
120,000. through 130,000 $2,300 $2,800 $3,300
130,000 through 140,000 $2,400 $2,900 $3,400
140,000 through 150,000 $2,500 $3,000 $3,500
150,000 through 160,000 $2,600 $3,100 $3,600
160,000 through 170,000 $2,700 ' $3,200 $3,700
170,000 through 180,000 $2,800 $3,300 $3,800
180,000 through 190,000 $2,900 $3,400 $3,900
190,000 through 200,000 $3,000 $3,500 $4,000
200,000 through 210,000 $3,100 $3,600 $4,100
210,000 through 220,000 $3,200 $3,700 $4,200
220,000 through 230,000 $3,300 $3,800 $4,300
230,000 through 240,000 $3,400 $3,900 $4,400
240,000 through 250,000 $3,500 $4,000 $4,500
250,000 through 260,000 $3,600 $4,100 $4,600
260,000 through 270,000 $3,700 $4,200 $4,700
270,000 through 280,000 $3,800 $4,300 $4,800
280,000 through 290,ooo $3,900 $4,400 $4,900
290,000 through 300,000 $4,000 $4,500 ' $5,000
300,000 through 310,000 $4,100 $4,600 $5,100
310,000 through 320,000 $4,200 $4,700 $5,200
CITY OF SAN BERN, CITY YARD (ill 65891)
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2009-93
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ATTACHMENT "2"
OFFICE OF THE DISTRICT PROSECUTOR
SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT
2 William B, Wong, SBN 120354
Principal Deputy District Prosecutor
3 21865 Copley Drive '
Diamond Bar, California 91765.0940
4 Telephone: (909) 396-3400
Facsimile: (909) 396-2961
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6 Attorneys for Petitioner SOUTH COAST
AIR QUALITY MANAGEMENT DISTRICT
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BEFORE THE HEARING BOARD OF THE
SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT
In the Matter of
Case No, 5732-1
SOUTH COAST AIR QUALITY MANAGEMENT DECLARATION OF GAS DISPENSING
DISTRICT, FACILITY
Petitioner,
DATE:
TIME:
PLACE:
9:00 a,m,
21865 Copley Drive
Diamond Bar, CA 91765
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vs,
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Gas Dispensing Facilities, Does 1-2600
Respondents,
Lnri SS500rJ
(Print Your Name) ,
, declare:
I
,
1.
I am the authorized representative of
CITY OF SAN BERN, CITY YARD
(Name of Gas Dispensing Facility or GDF)
I have full authority to agree to and sign this Stipulation on behalf of this GDF and
legally bind it to the statements and agreements contained in this Stipulation, I am
the owner, operator, ora corporate officer [circle one] in charge of the GDF,
This GDF has the following:
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Address:
182 S SIERRA WAY
SAN BERNARDINO, CA 92410
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CITY OF SAN BERN, CITY YARD (ID 65891)
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2009-93
1 Facility 10 No,: 65891
2 My contact information is the following:
3 Address:
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6 Telephone:
7 Fax:
8 E-mail:
tl It
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request the GOF be substituted as a Respondent in this penoing
2.
lO Abatement Order proceeding, I further agree on behalf of the GDF that it:
11 (a) has been legally and properly served with a copy of this Petition for
12 Stipulated Group Order for Abatement (Petition) and attached Proposed Order;
13 (b) agrees to the facts listed in the Petition;
14 (c) knowingly and intelligently waives its rights to receive notice of the
15' hearing;
16 (d) agrees to have this matter, placed on the Hearing Board's consent
17 calendar;
18 (e) knowingly and intelligently waives all rights to be present at the
19 hearing upon which the Hearing Board may issue its Order for Abatement; and
20 (f) agrees to be bound by the terms of the attached Proposeo Order if issued,
21 and acknowledges that failing to comply with those terms may subject the GDF to
22 civil penalties of up to $25,000 per day and/or shut.down of the GDE
23 3" To allow this matter to proceed on the Hearing Board's consent
24 calendar, the GOF and the SCAQMD further stipulate and agree, as follows:
25 (a) This matter may be placed on the Hearing Board's Consent Calendar at
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9 a.m, on any date proVided by, the Hearing Board, such date being
publicly available prior to the hearing,
CITY OF SAN BERN, CITY YARD (ill 65891)
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2009-93
I (b) This stipulation may be admitted into evidence regarding this matter.
2 (c) The GDF and the SCAQMD have agreed on the proposed Order for
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execution by the Hearing Board, a copy of which is attached to the
Petition,
5 (d) SCAQMD may provide additional evidence at the Consent Calendar
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proceeding as the Hearing Board may request to enable it to issue the
proposed Order,
8 (e) No nuisance violation under Health and Safety Code Section 41700 is
9 ,expected to result from operation of this GDF while under the
10 requested Order for Abatement.
II I declare under penalty of perjury under the laws of the State of California that the
12 foregoing is true and correct,
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Executed on
4; kjl
(tJate)
, 2009 at (~,J}fntrdArliJJ ,CA
(insert city)
(,;gn,lj/~"p'~",";")
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18 STIPULATED TO:
19 South Coast Air Quality Management District
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By:
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CITY OF SAN BERN, CITY YARD (ID 65891)
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