TO: Napa-Vallejo Waste Management Authority Board of Directors
FROM: Chris Celsi, Executive Director
REPORT BY: Chris Celsi, Executive Director
SUBJECT: Settlement of 2 Notices of Violation issued by the Bay Area Air Quality Management District
RECOMMENDATION
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Approve and authorize the Executive Director to sign a settlement form and pay $20,000 to resolve 2 notices of violation issued by the Bay Area Air Quality Management District.
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EXECUTIVE SUMMARY
The Authority maintains the closed American Canyon Sanitary Landfill with minimal daily personnel oversight. One of the components of the closed landfill is the Gas Collection and Control System (GCCS) which continuously operates to collect and flare methane gas that is generated by the landfill as its contents decompose. Methane is a greenhouse gas that contributes to climate change.
Notice of Violation 61521: On April 1, 2022, the GCCS failed to properly operate for 6¼ hours. The cause of this failure was grazing livestock (goats and sheep) which damaged a landfill lateral gas line. The damage was repaired and the GCCS returned to normal operation. Failure for the GCCS to operate continuously is a violation of the Authority’s permit. The Bay Area Air Quality Management District (BAAQMD) has proposed a $3,000 penalty to resolve this violation.
Notice of Violation 61526: On December 31, 2022, the GCCS failed to operate for 40 hours over three days. The reason was the condensate pump failed to pump water from the on-site sump. The pump was replaced, and the system was returned to operating properly on January 2, 2023. The Authority is required to notify BAAQMD immediately using online form Reportable Compliance Activity when the GCCS fails to operate. The failure was not reported until January 5, 2023. The Authority is also required to submit a 30-Day Follow Up Notification explaining what failed and why it failed. This notice was due by January 30, 2023, but it was not reported to BAAQMD until March 15, 2023. BAAQMD has proposed a $12,000 penalty for the failure of the GCCS, and an additional $5,000 for the late reporting.
BAAQMD settlement proposal sent to Authority Counsel is included with this item. The settlement proposal describes the nature of each violation and how BAAQMD arrived at the proposed penalties. The violations are strict liability offenses, meaning that even if the Authority did nothing wrong (eg. damage caused by grazing goats and sheep) the Authority is still responsible. WSP, the consultant the Authority hired to operate, maintain, and submit compliance reporting for the GCCS, has agreed to pay the $5,000 portion of the penalty associated with the late reporting in Notice of Violation 61526. Also included with this item are the 2 Notices of Violation issued in 2022, and BAAQMD’s settlement form which must accompany payment.
Authority Counsel contacted counsel for BAAQMD to ask if there were any other Notices of Violation pending against the Authority. Counsel for BAAQMD indicated he did not see any more pending in their system, but on rare occasions Notices of Violations can show up late. Authority Counsel inquired because these Notices of Violation were issued in 2022, and took a long time to make their way through the system.
FISCAL & STRATEGIC PLAN IMPACT
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Is there a Fiscal Impact? |
Yes |
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Is it currently budgeted? |
No |
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Is it Mandatory or Discretionary? |
Discretionary |
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Discretionary Justification: |
Paying the penalties will resolve the Notices of Violation |
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Is the general fund affected? |
Yes |
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Future fiscal impact: |
None |
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Consequences if not approved: |
Matter will proceed to litigation, where BAAQMD will likely seek higher penalties. |
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: The proposed action is not a project as defined by 14 California Code of Regulations 15378 (State CEQA Guidelines) and therefore CEQA is not applicable.