Cities Index.
Attachment 8 - Phase 1 Environmental Site Assessment.pdf

Chula Vista City Council
October 7, 2025

Document
Attachment 8 - Phase 1 Environmental Site Assessment.pdf
Meeting
October 7, 2025
Body
Chula Vista City Council
Pages
30
Original file
17.9 MB
Text extracted from the city's file for reading and search. Open the original on pub-chulavista.escribemeetings.com. That file is the official record.

Department of Environmental Health
•
F. SITE INFORMATION
., . . .-· tJ,Lf-t>t> .

1. 0? ··
Site Name U (All V! S 1' 1"1 !:;i.JetU-'1 1'/UI JU I ...:5 -Site Address De;; 0¥= m /\ltv <;1' City __Qtj]tl;fl ?JiTI'I W rJ'f' KLb A tJ '1 IWT5
PROPERTY I,..& Ill 14 Jf.&lf,H6'l--
·phone .. Ext Fax
Aadress _fQ_ f70X City £:ill1t.A State _(A
NUMBER OF WELLS "V TYPE OF WELLS

2. ASSESSOR'S PARCEL NUMBER __
Zip tWli'Z-
1 c..rr tr
·.

Site Name __
Site Address __ City __ Zip __
PROPERTY OWNER __
Phone __
Mailing Address __
NUMBER OF WELLS __
-3, ASSESSOR'S PARCEL
Site_Name __
..:.Site"Address,__.· _ ·
· OWNER __
Ext __ Fax __
City __ State_ Zip __
TYPE OF WELLS __
. _- ·.
·.

City __ : ·Zip_. ___ ..
:
·Phone __
Mailing Address __
-Ext __
'City_ .. _:
!'ax __
State· Zip_•_.
_ NlJMBER QFWELL!! __
.

4. ASSESSOR'S PARCEL NUMBER __
Site Name __
Site Address __
PROPERTY OWNER __
Phone __
Mailing Address __
NUMBER OF WELLS __
DEH:SAM-9060 (Rev. 07/06)

TYPE OF
,"
City __ Zip __
Ext __ Fax __
City __ State_
TYPE OF WELLS __

Page 2 of 4 ends

Zip __
County of San Diego
Department of Environmental Health
• •
G. FEES (in effect beginning July 1, 2006, through June Permit for Well Installations Only $185.00 for the first monitoring well ........ . (Groundwater Monitoring Wells, Vadose,
Vapor Extraction Wells)
Permit for Well Maintenance $100.00 for first well maintenance inspection Permit for any Combination of The first activity will be $185.00 Well Installations, Borings, &
Destructions Additional activities will be as follows:
(except UST backfill permit)
$160.00 for each additional well ...............
$100.00 for first well maintenance inspection
$ 30.00 for each additional well maintenance
inspection
$ 50.00 for each additional boring
$120.00 for each well destruction

TOTAL COST OF PERMIT
DEH:SAM-9060 (Rev. 07/06) Page3of4
X
X
X
X
X
X
AMOUNT.
$185.00
$100.00
$185.00
$160.00
$100.00
$ 30.00
$ 50.00
$120.00
County of San Diego
Department of Environmental Health
• •
H. QUESTIONNAIRE: Please answer all applicable questions completely. For well destructions, complete only #1 below and submit any required supportive documentation.

1. If wells are to be destroyed, provide a description of method of destruction N/A

2. What is the purpose of the well/boring investigation? 0 a. Part of an ongoing site assessment case in which DEH or another government regulator is the lead agency.
0 b. Part of a Phase I investigation for property ownership transfer or: __ 1:8] c. Geotechnical investigation for proposed construction, land stabilization or:
0 d. Other:

3. What procedures will be used to prevent the well/boring from providing an avenue to contamination during construction? Drilling equipment will be cleaned prior to advancing the auger. The borings will be abandoned in accordance with SAM guidelines.

4. What field procedures will be utilized to determine if contamination exists? Soil will be visually observed for contamination.

5. What procedures will be used to determine whether samples will be sent for laboratory testing or archiving? Visual observations.

6. What constituents will be monitored and tested (Include EPA Laboratory Test Methods to be used)? N/A. An environmental evaluation is not part of this study.

7. How will samples be transported and preserved? N/A. See above.

8. What sampling methods will be used? California modified and standard penetration test split spoon samplers.

9. Are you proposing a variation from the methods and/or procedures presented in the requirements for the construction or destruction of Vadose and Groundwater Monitoring Wells (Current SAM Manual Requirements)? If yes, specify these variations and include a well construction diagram and all required supporting documentation. Refer to the SAM Manual Appendix B for monitoring well guidelines (http://www/sdcounty.ca.gov/deh/lwq/sam/monitoring well.html). :No wells are to be installed in this study.

10. Are you proposing a variation in drilling and destruction of soil borings from the methods and/or procedures specified in the current SAM manual? If yes, specify these variations and include a destruction diagram. N/A.

11. What procedures will be used to ensure that the drilling equipment will introduce no contamination? Drilling equipment will be cleaned prior to drilling.

12. What methods will be used to clean sampling equipment? N/A.

13. What cleaning method will be used to clean casing and screen prior to installation? N/A.

DEH:SAM-MWP-9060 (Rev. 06/05) Page 4 of 5 County of San Diego Department of Environmental Health
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MMC ENERGY

CHULA VISTA
GENERAL ARRANGEMENT.

REPOIIERING
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"The information in this
grayed area has been
blocked from public viewing
pursuant to section 13752 of
the Water Code and the
Infromation Practice Act of
1977, to protect personal
information"
Pem1it Clerk
Site Asse ssment and Mitigation Divisi on
· Environmental Health Services
P.O. Box 129261
San Diego , California 92112-9261
Subject: 60-Day Borin g Report
Chula Vista Power Plant Modernization
AJ?.N: 629-062-04 -00
Chula Vista, California 92 154
Dear Permit Clerk:

November 28, 2006
Project No. 105932001
-:· Ninyo & Moor e is ·submitting· the attached .-d6ctim·ents in-fulfillment · of the· conditions o·f boring . . ......... . . .
permit number LMON 104313 issued on October 11 , 2006 for the followin g project:

Prop erty Owne r:

Site Address: 3497 Main Street
Chula Vista , California 92 154
Property Representative: MMC Energy
Address:

Assessor's Parce l No .:
26 Broad way Avenue , Suite 907
New York, New York 10004
629-062 -04-00
Ninyo & Moore performed two CPT soundin gs, one of which was originally permitt ed. Ninyo & Moore also drilled two soil borings at the site, one of which was originally pennitt ed.

I
Groun dwater was enco untered during our s ubsurface exploration . Groundwater was encount ered in Borings B-1 and B -5, between d epths of approximately 32 to 3 4 feet below the ground sur­ face . Ninyo & Moore backfilled the borings in accordance with the current Department of Water Resources Site Assessment and Mitigation Division guidelines. The CPT sound ings and borings S710 Ruffin Road • San Diego. Cc:lifornia 92123 • Phone {858) 576-1000 • Fax (858) 576-9600 - ·.San Diego • Irvine ; - Ontario • Los Angeles • · Oakland • Las Vegas • Carson City Phoenix • Centennial Site Assessment and Millon Division
Environmental Health Services •
November 28, 2006
Project No. 105932001
were backfilled with bentonite grout and capped with concrete. The CPT soundings were back­ filled with approximately 0.54 cubic feet of bentonite grout in CPT-02, and approximately 1.28 cubic feet in CPT-03. Quantities used to backfill the borings are shown on the boring logs. Our field observation indicated that the soils obtained from the geotechnical boring were not con­ taminated and environmental testing was not needed.

The attached documents include a copy of the approved boring permit, boring logs, and site loca­ tion and boring location maps. Also included is a check for $100 (one-hundred dollars) to cover the extra borings. If you have any questions regarding this permit, please contact the under­ signed.

Respectfully submitted,

NINYO & MOORE
an Goodmacher, C.E.G, H.G
al Geologist
( 1) Addressee
ttachments: Approved Boring Construction Permit
Boring Logs
Site Location and Boring Location Maps
60 Day R 105932001 cloc 2
-\.
/·
- -.--,
(J)
w DATE DRILLED BORING NO. _J 10/20/06 B-1 "- G:' ::< ,.. 0 z <i 1- e:. 0 GROUND ELEVATION SHEET OF 3 ;; (J) 0 _J ;:: 0 w 0 ..:en "- "' o· iii :::> u; "'
-0 METHOD OF DRILLING 8" Diameter Holiow Stem Auger (Tri-County) ::< "- . 1- z _(J) (J) w >- (J)•
0 0 0 (J) (J):::>
_J <i DRIVE WEIGHT 140 lbs. (Auto-Tri2) DROP 30"
"' ::< >- _J
"'
0 0 SAMPLED BY MAH LOGGED BY MAH REVIEWED BY RDH
damp, medium dense, silty, gravelly, fme to medium SAND. 5 sc
25 11.5 114.2
10 54 11.1 117.3
Cobbles up to 4" in diameter.
15 5015"
(f)
w DATE DRILLED BORING NO. ..J 10/20/06 B-1 a. u:-::;; 0 z 'if
<( ,_ 0 GROUND ELEVATION SHEET 2 OF 3 (f) 0 i= . 0 ..J w 0 <((f) u.. 0: m o· U; ::0 (f) -0 METHOD OF DRILLING 8" Diameter Hollow Stem Auger (fri-County) ::;; u.. . ;;: ,_ z -<n
(f) w >- (f)•
0 0 0 (f) (f)::J
..J :) DRIVE WEIGHT 140 lbs. (Auto-Trip) DROP 30" m ::;; >-0:: 0 0 SAMPLED BY MAH LOGGED BY REVIEWED BY RDH
FILL:
89/11" Brown, damp to moist, dense, gravelly, cobbly SAND.

ALLUVIUM:

Brown, damp, dense, clayey GRAVEL.
25 5014''
moist to wet, medium dense, silty fme SAND; micaceous.
30 36 26.6 91.7
Saturated.
35 ML rectdTshbrown,satiirated, medium dense, sandySU:"F - - - - - - - - - - - 25 (/)
w
...J
o._ G:' ::;: 0 z
1if
<{ f- 0
(/) 0 F . 0 w ...J <{(I) u_ 0: 0 o·
I en :::> (i; "' f- :;;: f- z ::;: -(/)
"- (/) w >- (/)•
w 0 5 0 (/) (/):::>
0 ...J
:5 "'
::;: >-0: 0
0 40 SM
22 45
50 r--
55 DATE DRILLED 10/20/06 NO. B-1
GROUND ELEVATION SHEET 3 OF 3 ---
METHOD OF DRILLING 8" Diameter Hollow Stem Auger (Tri-County) DRIVE WEIGHT 140 lbs. (Auto-Tri2) DROP 30"

SAMPLED BY MAH LOGGED BY MAH REVIEWED BY RDH
TERRACE DEP<
1 Light rerlrlish brown, saturated, dense, silty fine SAND. 1 Total 41.5 feet.

Groundwater encountered during drilling at 32 feet.

Backfilled with approximately 13.6 cubic feet of bentonite grout shortly after drilling on 10/20/06.

BORINGLOG
r NO.
)I
(/)
UJ
DATE DRILLED NGNO. --' 10/20/06 B-5 a. u:: ::;; () z
<( ,_ 0 GROUND ELEVATION SHEET OF 3 ;; (/) 0 ;::
:1!. 0 UJ --' <ern lL 0: 0 u· U; :::> iii !D _() METHOD OF DRILLING 8" Diameter Hollow Stem Auger (Tri-County) ::;; lL . ;;;: ,_ z -(/)
(/) UJ >- (f)•
0 6 0 (/) (/):::>
--' <( DRIVE WEIGHT 140 lbs. (Auto- DROP 30" !D ::;; >- --' 0: () 0 SAMPLED BY MAHIRDH LOGGED BY MAHIRDH REVIEWED BY RDH

DESCRIPTION/INTERPRETATION
damp, medium dense, silty SAND; slightly gravelly; trace clay. 5 CL - - daffipto-moiSt, very Stiff, sandy cG\ Y.- - - - - - - - - - - - - - 15 Hard.
25 Tough drilling.
@ 16-17':Concrete fragments.
(/)
w
DATE DRILLED BORING NO. ...J 10/20/06 B-5 a. u:-::; (.) z <( ,_ "'- 0 GROUND ELEVATION SHEET 2 OF 3 (/) 0 ;::_
0 w ...J <((/)
u.
"'
0 o· ii5 ::> u; IIl METHOD OF DRILLING 8" Diameter Hollow Stem Auger (fri·County) ;;: ,_ z ::; -!/}
(/) w >- (/)•
0 0 0 (/) (/)::>
...J
:5 DRIVE WEIGHT 140 1bs. (Auto-TriE) DROP 30" IIl ::; >- "'
(.)
0 SAMPLED BY MAH/RDH LOGGED BY MAHIRDH REVIEWED BY RDH
CL FILL: (Continued)
10 Dark brown, moist, very stiff, sandy CLAY; pieces of asphalt concrete; brick fragments in sampler.
25 sc ALLUVIUM:
28 Brown, moist, dense, clayey SAND with gravel; monied. 30 65 to gray, moist, hard, silty, gravelly CLAY.

Saturated.
35 --saturated, dense; silijfme SAND;ffiicaceous-:------------ 23 (/)
'
w --' 0.. G:"
?1 0 1- e:. 0
(/) 0 --' >=. 0 UJ 0 <!.U> p:: o·
I u; "'
-0 U) ::;; "- . 1- $: z a. w >-w 0 5 0 U) w=>
0 --' ::i "'
::;; >-
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0 40" SM
30 e.--
45 -e.--
1-
1-
1-
1-
1-
55 1-
DATE DRILLED 10/20/06 .BORING NO. B-5
GROUND ELEVATION SHEET 3 OF 3
METHOD OF DRILLING 8" Diameter Hollow Stem Auger (fri-County) DRIVE WEIGHT 140 lbs. (Auto-Trip) DROP 30"

SAMPLED BY MAHIRDH LOGGED BY MAHJRDH REVIEWED BY RDH
rATION
Tl "tH r« ;; · (Continued)
Light reumsn brown, saturated, dense, silty SAND; trace clay.

Total 41.5 feet.

Groundwater encountered at approximately 34 feet during drilling.

Backfilled with approximately 13.8 cubic feet of bentonite grout shortly after drilling I
1:1u i LOG
DATE
11/06 I
0 0
5 10
Depth 15
(ft)
20 25
30 Tip Resistance
QtTSF
I
f\__
c 1-.j-
[_
f,S
z
p
:
'-:
'):
<
)::::::
(
I}
II
> >
W 1 sensitive fine grained
• 2 organic material
•3 clay
Ninyo & Moore
90 0
Operator: JH-CW
Sounding: CPT -02
Cone Used: DSG0906
0 Local Friction
Fs TSF
I \1'-
I i
r
I<
I>
1-
t---
1-+-
j>
v
1-- p
I? I>
r;
I'
li'
ic p
Maximum Depth = 28.05 feet
• 4 silty clay to clay
• 5 clayey silt to silty clay
• 6 sandy silt to clayey siH
18 C\'1' Da\effirne: \OI\9121l0& 9:5\:24 AM
Location: C . V. Power Plant
Job Number: 105932001
Friction Ratio
Fs/Qt (%)
0 ...___ -,
r;
l<p
IJ
p
Depth Increment = 0.164 feet
• 7 silty sand to sandy silt
IS< B sand to silty sand
li\!9 sand
• 10 gravelly sand to sand
11111 very stiff fine grained (")
.12 sand to clayey sand (•)
•
I
Depth
(ft)
0 0
10 20
30 4Q
50 60
70 Tip Resistance
QtTSF
£
c::
-
,---......._
1'----::>
r-
K=:
(
t---
I§ 1 sensitive fine grained
• 2 organic material
.3 clay
-ehavior type and SPT based on data from UBC.1983 .,
Ninyo & Moore
I
" 600
Operator: JH-CW
Sounding: CPT-03
Cone Used: DSG0906
0 local Friction
Fs TSF
j-
j:
,,
k
I· I>
20 Maximum Depth = 61.68 feet
• 4 silty clay to clay
• 5 clayey siH to silty clay
• 6 sandy silt to clayey siH
0 CPT Date/Time: 10/19/2006 10:55:28 AM
Location: C . v. Power Plant
Job Number: 105932001
Friction Ratio
Fs/Qt (%)
Soil Behavior Type*
Zone: UBC-1983
1-
14 0 12
'
K j,.

I:; ,_
j-
b f..
1'-
+-
F +-
\<' +-
p ;=
I?
[; p. .. p.
' G
\-2. - p
lc ls
i
j<.
p
·r--,
f: 1.--
'f=
1-
Depth Increment= 0.164 feet
• 7 slfty sand to sandy-silt
8 sand to silty sand
1119 sand
SPTW
60% Hammer
0 300
I< += 'P"
: :1: l>
!=-!-
•
' 1-
I=
I= l=
g k§
;;:oj..
t:
t; f<
1-lr'
c
[1
lr 1=-
I
1:=
[Y
-' ,-.........::... .
••· ., C' \·v'\
' No.GI43
lr. b 1•\?1' <t• _..l. .o <<,.·
CA\..1\'0
• 10 gravelly sand to sand
• 11 very Stiff fine grained (•)
• 12 sand to clayey sand (•)

APPROXIMATE SCALE IN FEET
NOTE:ALL , I
NO.

SITE LOCATION MAP

CHULA VISTA POWER PLANT MODERNIZATION

CHULA VISTA, CALIFORNIA
FIGURE
1 .

LEGEND
N TD=41.5 =TOTAL DEPTH IN FEET
g
-$-CPT-3 APPROXIMATE LOCATION OF

CPT SOUNDING
T0=61.7 =TOTAL DEPTH IN FEET
I
NOTE: ALL DIMENSIONS, DIRECTIONS AND LOCATIONS ARE APPROXIMATE.

APPROXIMATE SCALE
PROJECT NO. DATE
0 60 120 FEET 105932001 11/06
',. "·' "'" '
---.'
I •
..... __ j
i
' I
: i
'
!
REFERENCE. SITE PLAN, MMC ENERGY CHULA VISTA, WORLEY PARSONS, DATED 7-13-06

BORING AND CPT LOCATION MAP

CHULA VISTA POWER PLANT MODERNIZATION

CHULA VISTA, CALIFORNIA
FIGURE
2 •

COUNTY OF SAN DIEGO

UPFP INSPECTION CHECKLIST
FACILITY NAME: CHULA VISTA ENERGY CENTER, LLC
ADDRESS: 3497 MAIN ST
CITY/ZIP: CHULA VISTA /91911
INSPECTION DATE: 06/21/2021
RECORD ID #: DEH2011-HUPFP-214305
TIME START: 8:00 AM END: 1:00 PM
SPECIALIST: Manon Maschue
INSPECTION CONTACT:Susanna Miramontes
TITLE: EH&S Specialist
PHONE:(619) 579-9002
E-MAIL:[email protected]
HM-9000(01/15) DEH CUPA Inspection eForm v80 Dated 4/10/2021 15:00

FACILITY REFERENCE DATA
ACCELA

CERS
RECORD STATUS: Permit Renewed
PERMIT EXPIRATION DATE: 08/31/2021
BALANCE DUE: $1,562.00
INSPECTOR: Manon Maschue
INSPECTION TYPE: Routine
INSPECTION STATUS: Complete
EPA ID NUMBER: CAL000346986
FACILITY CERS ID NUMBER:10359508
CERS LEAD USER: Susana Miramontes
LAST CERS SUBMITTAL DATE: 05/28/2021
ENVIRONMENTAL CONTACT EMAIL: [email protected]
ENVIRONMENTAL CONTACT PHONE: 6195799002

FACILITY INFORMATION

YES NO YES NO INACTIVATION INSPECTION: ✖
CHANGE OF OWNER: ✖
CHANGE IN BUSINESS TYPE: ✖
BUSINESS TYPE: Public Utilities-Not Fleet Fuel Facility ISSUE INITIAL INVOICE: ✖
ASSESS NON-NOTIFICATION FEE: ✖
ASSESS RE-INSPECTION FEE: ✖
FACILITY SUBJECT TO BASE FEE: ✖
FACILITY SUBJECT TO CUPA FEE: ✖
UPDATE FACILITY ADDRESS IN AA: ✖
BUSINESS CLOSE DATE:

HAZARDOUS MATERIALS: ✖
HAZARDOUS WASTE: ✖
ABOVEGROUND PETROLEUM STORAGE ACT:* ✖
TOTAL SHELL CAPACITY APSA: 0
UNDERGROUND STORAGE TANK: ✖
CALARP PROGRAM (CERS): ✖
CALARP PROGRAM LEVEL:

1 2 3 N/A
MEDICAL WASTE: ✖
MW FACILITY GENERATING OVER 200 LBS PER MONTH: ✖
EPIC PARTICIPANT: ✖
NUMBER OF TLV GASES AT THE FACILITY: 0
HW GENERATOR STATUS :

LQG SQG CESQG RCRA LQG N/A
TIERED PERMIT LEVEL(S) :

CESQT CESW CE-L CE-CL HHW PBR CA N/A

PRIMARY BILLING CODE
Not Applicable

SECONDARY BILLING CODE
Not Applicable
INSPECTION SCOPE:*
HAZARDOUS MATERIALS: HMBP APSA UST
MEDICAL WASTE: SQG SQG - TREATS

LQG LQG - ABBREVIATED LQG - TREATS
HAZARDOUS WASTE: SQG LQG
CALARP: 1 2 3
TIERED PERMITTING: CESQT CESW CE-L CE-CL

CA PBR HHW
CONSENT TO CONDUCT INSPECTION GRANTED BY: INSPECTION CONTACT ✖ NAME: Susanna Miramontes TITLE: EH&S Specialist

REMOVE BLANK CHECKLISTS FROM FINAL INSPECTION REPORT SIGNATURE NOT OBTAINED TIME ACCOUNTING (Routine) TOTAL TIME ENTERED: 0
Date Time Group Type
06/21/2021 0 HMD Inspection Report Writing - Record
INSPECTION REPORT EMAILS:
[email protected]

COUNTY OF SAN DIEGO

UPFP INSPECTION CHECKLIST
FACILITY NAME: CHULA VISTA ENERGY CENTER, LLC
ADDRESS: 3497 MAIN ST
CITY/ZIP: CHULA VISTA /91911
INSPECTION DATE: 06/21/2021
RECORD ID #: DEH2011-HUPFP-214305
TIME START: 8:00 AM END: 1:00 PM
SPECIALIST: Manon Maschue
INSPECTION CONTACT:Susanna Miramontes
TITLE: EH&S Specialist
PHONE:(619) 579-9002
E-MAIL:[email protected]
HM-9000(01/15) DEH CUPA Inspection eForm v80 Dated 4/10/2021 15:00 RECORD COMMENT:

HM-924(01/15)

COUNTY OF SAN DIEGO

COMPLIANCE INSPECTION REPORT
FACILITY NAME: CHULA VISTA ENERGY CENTER, LLC
ADDRESS: 3497 MAIN ST
CITY/ZIP: CHULA VISTA /91911
INSPECTION DATE: 06/21/2021 PAGE 1 OF 9
RECORD ID #: DEH2011-HUPFP-214305
TIME START: 8:00 AM END: 1:00 PM
SPECIALIST: Manon Maschue
INSPECTION CONTACT:Susanna Miramontes
TITLE: EH&S Specialist
PHONE:(619) 579-9002
E-MAIL:[email protected]
On the above date, the County inspected your facility under the authority of the California Health and Safety Code (H&SC), to determine compliance with applicable provisions of the H&SC, the California Code of Regulations (CCR), and the San Diego County Code of Regulatory Ordinances (SDCC). This report serves as a Notice to Comply (H&SC 25187.8 & 25404.1.2) for any minor violations as defined in H&SC 25404 and 25117.6. This report may contain both minor and more significant (Class II) violations. Minor violations do not include repeat violations or violations remaining uncorrected for more than 30 days (or as specified below). Minor violations do not include knowing, willful, intentional, or chronic violations; nor do they include violations showing a pattern of neglect or disregard. The remarks below are intended to provide guidance to correct any violations indicated on the attached violation report. You must submit a written response to this report within 30 days (or as specified below) demonstrating that all violations have been corrected or include a written notice of disagreement that clearly states the reason for any disputed violations. Prompt correction can protect you from penalties for a "minor violation". Penalties can be imposed for each day in violation for all other violations even if they are corrected promptly. However, correction within 30 days (or as specified below) will make a penalty less likely.

NOTE: Reinspection fees will be charged if additional inspections are required to determine compliance. ✖ Unified Program Facility Permit Current
✖ Hazardous Materials Business Plan Available
✖ Employee Training is Adequate
✖ Waste Disposal Records Available for Review
✖ Emergency Contacts Current Updated today
✖ Chemical Inventory/Map Current Updated today
✖ Contingency Plan Available LQG SQG✖
✖ Employee Training Records Available
✖ Universal Waste Managed Properly
✖ Waste Containers Closed✖ Labeled✖
✖ Waste Containers in Good Condition
Permit Expires On 08/31/2021
CONSENT TO CONDUCT INSPECTION GRANTED BY: Susanna Miramontes TITLE: EH&S Specialist INTRODUCTION:

ROUTINE INSPECTION

The County of San Diego Hazardous Materials Division (HMD) is a division of the Department of Environmental Health & Quality (DEHQ). DEHQ is the Certified Unified Program Agency (CUPA) for the County of San Diego. Californians are protected from hazardous waste and materials by a Unified Program that ensures consistency throughout the state in regard to administrative requirements, permits, inspections, and enforcement. As the CUPA, the HMD implements the Unified Program throughout San Diego County as it applies regulatory standards established by five different state agencies to businesses that manage hazardous materials, generate hazardous or medical wastes, store petroleum in aboveground petroleum storage tanks, and store hazardous substances in underground storage tanks. Additional information on the CUPA program can be found here:
http://www.sandiegocounty.gov/deh/hazmat/hmd_cupa.html

A routine Certified Unified Program Agency (CUPA) facility inspection was conducted June 21, 2021 with Susana Miramontes, Administrative and EH&S Specialist and Ty Cheesebrough of Wellhead. Consent to inspect, sample and photograph as needed was obtained from Susana Miramontes. The inspection was conducted to assess compliance with the following Unified Program elements:

• Hazardous Materials Chemical Inventory & Business Plan (HMBP) (HSC Div 20 Ch 6.95 Art 1 & 19 CCR Div 2 Ch 4) • Spill Prevention Control & Countermeasures Plan* (SPCC) (40 CFR Sec 112 & HSC Ch 6.67) • Hazardous Waste Management (HSC Div 20 Ch 6.5 & 22 CCR Div 4.5 Ch 10) • California Accidental Release Prevention Program (CalARP) (HSC Div 20 Ch 6.95 Art 2 & 19 CCR Div 2 Ch 4.5)

The Chula Vista Energy Center is a 35 megawatt natural gas-fired power plant that is typically not staffed. Typically the plant runs not more than 100 hours per year. The plant is operated at this time by Wellhead Services. CVEC uses 19% aqueous ammonia for reducing the oxides of nitrogen which are produced from generating electricity.

No violations were observed during this inspection.

INSPECTION REMARKS:

Hazardous Materials Business Plan (HMBP) Remarks:

The most recent HMBP/CERS submittal was made on 6/24/2021 and was accepted by the CUPA the same day. Reminder that the entire Hazardous Materials Business Plan (HMBP) is required to be submitted in CERS annually, whether there are changes HM-924(01/15)

COUNTY OF SAN DIEGO

SUPPLEMENTAL COMPLIANCE

INSPECTION REPORT
INSPECTION DATE: 06/21/2021 PAGE 2 OF 9
RECORD ID #: DEH2011-HUPFP-214305
or not, pursuant to California Health and Safety Code (HSC) Chapter 6.95 section 25508(a)(1)(A). The HMBP consists of 3 parts:
1) Facility Information, 2) Hazardous Materials Inventory & Site Map, 3) Emergency Contingency Plan & Training Plan.

Also, CERS updates must be made within 30 days of any change that could affect emergency response. CERS is not “updated” unless the elements are “submitted” through the CERS website.

Be advised there are exemptions for hazardous materials reporting that may apply to this facility. A summary of reporting exemptions is here: http://www.sandiegocounty.gov/content/sdc/deh/hazmat/hazmat/hmd_chem_reporting_changes.html Your annual permit fees are attached to the number and quantity of hazardous materials you report through CERS, so it is in your best interest to carefully report these items and to not over-report your chemical inventory.

Release reporting requirements were discussed during this inspection. Training for HMBP including HAZCOM was last conducted 4/22/2021. The training program includes IIPP, PPE, Fire Prevention/Action Plan, Contractor & Visitor Control, HMBP and First Responder Awareness, among others.

*****

*SPCC Remarks:

Chula Vista Energy Center has a Federal SPCC plan on site describing over 5,500 gallons of petroleum stored mostly in oil-filled electrical equipment, most of which are exempt from APSA-regulation by definition in HSC 25270.2.

"Aboveground storage tank" in the California APSA regulation does not include oil-filled electrical equipment, including, but not limited to, transformers, circuit breakers, or capacitors, when the equipment contains less than 10,000 gallons of dielectric fluid, is in secondary containment and is inspected routinely. There are other exclusions in the law, but this is the one that applies for this facility.

At this time, based on observations made at the facility and discussions with Ty Cheesebrough and Susana Miramontes, this facility stores, at the most, about 1,125 gallons of petroleum which is subject to APSA. Until such time this facility stores 1,320 gallons of APSA-regulated petroleum on site or more, Chula Vista Energy Center is not subject to APSA.

This is important for 2 reasons:
1) the CUPA regulates APSA-requirements, but is not allowed to regulate the Federal SPCC requirements and 2) if your APSA-regulated petroleum is under 1,320 gallons, there is no additional annual CUPA permit fee for APSA.

Maintain your SPCC for the federal requirement as Chula Vista Energy Center is subject to Federal SPCC.

*****

Hazardous Waste Management Remarks:

Based on a visit to the facility, discussions with Susanna Miramontes and a review of the hazardous waste manifests for the last three years, this facility appears to be, at this time, a small quantity generator (SQG) of hazardous wastes.

Hazardous wastes routinely generated on site include: oily absorbent, oily water, used oil filters and universal wastes (in small quantities). Universal wastes are consolidated at the El Cajon facility.

There are also non-hazardous waste manifests for oily water (<10% oil) which is generated from the "wash down tank."

Spill kits were observed on site today.

*****

HM-924(01/15)

COUNTY OF SAN DIEGO

SUPPLEMENTAL COMPLIANCE

INSPECTION REPORT
INSPECTION DATE: 06/21/2021 PAGE 3 OF 9
RECORD ID #: DEH2011-HUPFP-214305
CalARP Remarks:

Program 1 - Ammonium Hydroxide
Chula Vista Energy Center (CVEC) submitted a Program 1 RMP update to the CUPA 6/7/2018. The 12,000 gallon storage tank contains 10,200 gallons of 19% aqueous ammonia. The Off-site Consequences Analysis (OCA) uses the program SCREEN3 which describes a toxic endpoint traveling to 12 feet. This end point distance considers that the 10,200 gallons of ammonia will "instantaneously" flow beneath the covered containment. Two long "slat" openings and an estimated "greatly reduced evaporation rate" from being below the covered containment were considered in the Off-site Consequences Analysis (OCA). The area of concern keeps the plume of ammonia on the CVEC property according to the worst case scenario they submitted to the CUPA. The Hazard Assessment indicates there will be no off-site impacts from a worst case release of all contents of the ammonium hydroxide tank. An RMP update is required every 5 years. Be sure to also perform a new Hazard Assessment every 5 years.

Be advised that the CUPA is reviewing the OCA for all Program 1 Facilities to verify facilities fall into the correct program level. A request to revisit the worst-case OCA will come in writing.

Incident Investigation: Near misses are investigated and documented. There have been no near missed or releases of ammonia in the last 5 years.

Emergency Response: Chula Vista Energy is a non-responding facility. They rely on the local fire department and the Regional Hazardous Incident Response Team (HIRT) for emergency response to ammonium hydroxide spills. Safety equipment such as emergency eyewash/showers were working and well-identified today. Process piping has labels which indicate flow direction and material state of matter.

The local Fire Department visits at least annually for either a routine visit, new employee orientation or evacuation and response drills. As a Program 1 Facility you are required to ensure that response actions have been coordinated with local emergency planning and response agencies (e.g., site visits by first responders). Document these.

RMP Certification Statement in this RMP is the proper statement that is provided in Section 2735.5(d)(4).

The 5-year updated and certified (2745.9) RMP (including Registration Information 2740.1, Executive Summary 2745.3, Offsite Consequence Analysis 2745.4, 5-year accident history 2745.5 may be e-mailed, sent by courier or through U.S. Mail, to the CUPA, as you like, but not through CERS.

**********

Due to the COVID-19 Pandemic and social distancing, this report was completed by Manon Maschue, left unsigned, and then provided by e-mail to the Facility Representative listed at the bottom of the report on 5/27/2021.

**********

DIRECT QUESTIONS AND/OR CORRESPONDENCE REGARDING THIS REPORT TO:

Manon Maschue, REHS, EHS III
County of San Diego, DEHQ, Hazardous Materials Division PO Box 129261
San Diego, CA 92112-9261
858-518-7390 | [email protected]

**********

HM-924(01/15)

COUNTY OF SAN DIEGO

SUPPLEMENTAL COMPLIANCE

INSPECTION REPORT
INSPECTION DATE: 06/21/2021 PAGE 4 OF 9
RECORD ID #: DEH2011-HUPFP-214305
Helpful Websites:
• For guidance documents on hazardous materials-related topics, go to: http://www.sandiegocounty.gov/content/sdc/deh/hazmat/hmd_publications.html • For information on the California Environmental Reporting System (CERS), go to: http://www.sandiegocounty.gov/content/sdc/deh/hazmat/hmd_cers.html • If you have questions on: permit fees, business plan requirements, or hazardous waste regulations, go to: http://www.sandiegocounty.gov/content/sdc/deh/hazmat.html • To find out the latest San Diego County News and receive updates, subscribe to our govdelivery emails:
https://public.govdelivery.com/accounts/CASAND/subscriber/new If you have any questions regarding this inspection, please contact , Manon Maschue , 858-518-7390 [email protected]

INSPECTION PHOTOS
None

INSPECTION ATTACHMENTS
None
All regulated businesses are required by law to submit their Unified Program-related information and business updates online through the California Environmental Reporting System (CERS). For additional information about CERS, go to: http:// www.sandiegocounty.gov/deh/hazmat/hmd_cers.html

PRINTED NAME OF FACILITY REPRESENTATIVE
Susana Miramontes

TITLE OF FACILITY REPRESENTATIVE
Administration and EH&S Specialist

SIGNATURE
Signature Not Obtained

DATE SIGNED
Department of Environmental Health, Hazardous Materials Division, P.O. Box 129261, San Diego, CA 92112-9261 Phone: (858) 505-6880 http://www.sdcdeh.org

C O U N T Y O F S A N D I E G O

COMPLIANCE INSPECTION REPORT
Handlers of Hazardous Materials and Small and Large
Quantity Generators of Hazardous Waste
INSPECTION DATE: 06/21/2021 PAGE 5 OF 9
RECORD ID #: DEH2011-HUPFP-214305
FACILITY NAME: *CHULA VISTA ENERGY CENTER, LLC
ADDRESS: * 3497 MAIN ST CITY/ZIP: *CHULA VISTA 91911
Each violation checked below is for the section(s) of the California Health and Safety Code (HSC), California Code of Regulations (CCR), or the San Diego County Code (SDCC) indicated in italics. Incorporated provisions of Title 40 of the Code of Federal regulations (CFR) are noted for reference. All violations must be corrected. Submit documentation of return to compliance to your Specialist. You may use the Corrective Action Form (HM-926) to document your return to compliance. Please call (858) 505-6880 or your Specialist if you have any questions. HMBP = Hazardous Materials Business Plan; CUPA = Certified Unified Program Agency; CERS = California Environmental Reporting System; SQG = Small Quantity Hazardous Waste Generator; LQG = Large Quantity Hazardous Waste Generator

HAZARDOUS MATERIALS REQUIREMENTS
# VIOLATION DESCRIPTION
1010001 Failed to establish and implement a HMBP. HSC 25505(a) and 25507(a) 1010002 HMBP not submitted in CERS within the required timeframe. HSC 25508(a)(1)(A); 27 CCR 15188(a),(b),(d) 1010003 Business activities &/or Business Owner/Operator page not complete or accurate in CERS. 19 CCR 2652(a)(1); SDCC 68.904(b); HSC 25508(a)(1)(A), 25508(a)(3)
1010004 Chemical inventory incomplete or not submitted in CERS. HSC 25505(a)(1); 25507(a); 25508.1(a-b); 19 CCR 2654 (a) or (d) 1010005 Site map not submitted in CERS or not sufficient. HSC 25505(a)(2); 25508.1(f); 19 CCR 2652(a)(3) 1010006 Failed to update HMBP in CERS within 30 days of a substantial change to any portion of the HMBP, including inventory changes or facility information.

HSC 25508.1(a-f); 19 CCR 2654(d); SDCC 68.904(c)(6)
1010008 HMBP not certified as complete and accurate in CERS by the required due date. HSC 25508.2, 19 CCR 2654(b) 1010010 Emergency response plan and procedures to mitigate a release or threatened release not adequate, not established or not submitted in CERS. HSC 25505(a)(3), 25508(a)(1)(A), 25508(a)(3); 19 CCR 2658
1010011 Failure to notify property owner in writing that the business is subject to the HMBP program. HSC 25505.1 1010012 Failure to provide a copy of HMBP to the property owner within five working days upon request from property owner. HSC 25505.1 1010014 Failure to submit emergency response plan in CERS, when not meeting agricultural handler exemption. HSC 25507.1(a) and 25508(a)(1)(A); 19 CCR 2670, 2671
1010015 Failure to submit employee training plan in CERS, when not meeting agricultural handler exemption. HSC 25507.1(a) and 25508(a)(1)(A) 1010016 HMBP not established or submitted in CERS, when not meeting the remote site exemption. HSC 25507.2 and 25508(a)(1)(A) 1020001 Employee training and/or plan for safety procedures in the event of a release or threatened release of a hazardous material not adequate, not established or not submitted in CERS. HSC 25505(a)(4), 25508(a)(1)(A), 25508(a)(3); 19 CCR 2658, 2659(a) 1030001 (AWM) Failure of agricultural handler to post warning signs on buildings where pesticides, petroleum, or fertilizers are stored, that are visible from any direction of probable approach, contain all required information, and are in appropriate language. HSC 6.95 25507.1(a)(2); 19 CCR 2670, 2671 1020002 Initial &/or annual employee training not conducted in safety procedures for a hazardous material release or threatened release &/or employee training records not available or not maintained for 3 years. HSC 25505(a)(4); 19 CCR 2659(b) 1040001 Hazardous materials release or threatened release not immediately reported to the CUPA and OES upon discovery. HSC 25510(a); 19 CCR 2631(a) HMD1001 Unified Program Facility permit not obtained for hazardous materials. SDCC 68.904; 68.905; 68.906, 68.907; 68.907.1 HMD1005 Emergency contact not provided or current in CERS. HSC 25508.1(f); SDCC 68.904(b) HMD1007 Highly toxic gas (TLV<10 ppm) not disclosed in CERS. SDCC 68.1113(a) HMD1008 Annual carcinogen/reproductive toxin list not submitted in CERS. SDCC 68.1113(b) 1010017 HMBP not readily available to facility personnel or the CUPA. HSC 25505(c)

HAZARDOUS WASTE REQUIREMENTS FOR SQGS ONLY
# VIOLATION DESCRIPTION
HMD0226 Did not accumulate waste in a container or tank. 22 CCR 66262.34(d)(2); 40 CFR 262.34(d)(2) 3030007 Failed to properly label/date hazardous waste container &/or tank. 22 CCR 66262.34(f) 3030010 Accumulated waste too long (>180 or 270 days) or (>90 days). HSC 25201(a), 25123.3(h)(1); 22 CCR 66262.34 (b), 66262.34(d); 40 CFR 262.34(e) and/or (f)
3030013 Failed to accumulate hazardous waste in a container that is in good condition. 22 CCR 66262.34(d)(2); 40 CFR 262.34(d)(2), 265.171 3030015 Failed to accumulate or store hazardous waste in a lined &/or compatible container. 22 CCR 66262.34(d)(2); 40 CFR 262.34(d)(2), 265.172 3030017 Failed to properly close hazardous waste container(s). 22 CCR 66262.34(d)(2); 40 CFR 262.34(d)(2), 265.173 3030019 Failed to inspect hazardous waste storage area at least weekly. 22 CCR 66262.34(d)(2); 40 CFR 262.34(d)(2), 265.174 3030022 Failed to properly separate incompatible waste. 22 CCR 66262.34(d)(2); 40 CFR 262.34(d)(2), 265.177 3030030 Failed to maintain &/or operate facility to minimize the possibility of a fire, explosion, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents. 22 CCR 66262.34(d)(2); 40 CFR 262.34(d)(4), 265.31 3030036 Failed to maintain adequate aisle space. 22 CCR 66262.34(d)(2); 40 CFR 262.34(d)(4), 265.35 3010022 Failed to post, next to the telephone, emergency information containing the location of emergency equipment, contact names and phone numbers. 22 CCR 66262.34(d)(2); 40 CFR 262.34(d)(5)(ii)
3020001 Failure to ensure employees are thoroughly familiar with proper waste handling and emergency procedures during normal facility operations and emergencies. 22 CCR 66262.34(d)(2); 40 CFR 262.34(d)(5)(iii) 3030032 Failed to maintain the following emergency response equipment or equivalent: 1) An internal communication or alarm system; 2) A communication device, such as a telephone; 3) Portable fire extinguishers, fire/spill control equipment and decontamination equipment; and 4) Water at adequate volume and pressure. 22 CCR 66262.34(d)(2); 40 CFR 262.34(d)(4), 265.32 3030039 Failed to have an emergency coordinator on the premises or on call, and available during an emergency. 22 CCR 66262.34(d)(2); 40 CFR 262.34(d)(5)(i) HMD0412 Failed to implement and/or coordinate emergency response measures during an emergency, spill/release. 22 CCR 66262.34(d)(2); 40 CFR 262.34(d)(5) (iv)

HAZARDOUS WASTE TANK SYSTEMS FOR SQGS ONLY
# VIOLATION DESCRIPTION
HM-923 (10-18)

C O U N T Y O F S A N D I E G O

COMPLIANCE INSPECTION REPORT
Hazardous Materials and Hazardous Waste (continued)
INSPECTION DATE: 06/21/2021 PAGE 6 OF 9
RECORD ID #: DEH2011-HUPFP-214305
3030024 Failed to operate uncovered tank to ensure at least 2 ft. of freeboard to prevent overtopping, unless the tank is equipped with a containment structure, a drainage control system, or a diversion structure with a capacity that equals or exceeds the volume of the top 2 ft. of the tank. 22 CCR 66262.34(d)(2); 40 CFR 262.34(d)(3), 265.201(b)(c)
3030025 Failed to provide an overfill protection device on continuously fed hazardous waste tank(s). 22 CCR 66262.34(d)(2); 40 CFR 262.34(d)(3), 265.201(b)(4) 3030027 Failed to conduct daily tank inspection of discharge control system, monitoring equipment and waste level. 22 CCR 66262.34(d)(2); 40 CFR 265.201(c) (1-3), 262.34(d)(3)
3030028 Failed to conduct weekly hazardous waste tank inspection(s) to detect signs of leakage and ensure that the construction materials, fixtures and surrounding areas of the tank are in good condition. 22 CCR 66262.34(d)(2); 40 CFR 265.201(c)(4 & 5), 262.34(d)(3) 3050007 Failed to properly remove all waste upon closure, decontaminate, and document the closure of a hazardous waste tank system. 22 CCR 67383.3; 40 CFR 262.34(d)(3), 265.201(f)
HMD1612 Hazardous waste improperly stored in a tank system causing leaks, corrosion, or failure. 22 CCR 66262.34(d)(2); 40 CFR 262.34(d)(3), 265.201(b) HMD1614 Failed to pre-notify the CUPA in writing prior to closing a hazardous waste tank system. 22 CCR 67383.3(a)(1) HMD1615 Failed to properly accumulate ignitable or reactive waste in a tank system. 22 CCR 66262.34(d)(2); 40 CFR 262.34(d)(3), 265.201(g)

HAZARDOUS WASTE REQUIREMENTS FOR SQGS AND LQGS

RECORD KEEPING/OPERATIONAL REQUIREMENTS
# VIOLATION DESCRIPTION
HMD0131 Unified Program Facility Permit not obtained &/or maintained for the generation of hazardous waste. SDCC 68.904; 68.905; 68.907.1 HMD0150 Failed to submit complete and accurate Facility Information in CERS. 27 CCR 15188(b-c); SDCC 68.904(b) 3030053 Failed to maintain waste analysis records, analytical records &/or waste determination results for at least 3 years. 22 CCR 66262.40(c) 3010002 Failed to obtain &/or maintain an active EPA ID Number. 22 CCR 66262.12(a) 3010008 Failed to properly complete a uniform hazardous waste manifest. 22 CCR 66262.23(a) 3010009 Failed to submit an Exception Report to DTSC for hazardous waste manifest. HSC 25123.3(h)(2); 22 CCR 66262.42(b), (c), &/or (d) 3010010 Failed to maintain copies of Uniform Hazardous Waste Manifest, consolidated manifest, or Bills of Lading for 3 years. HSC 25160.2(b)(3), 25185(a)(4); 22 CCR 66262.40(a), 66262.23(a)(3)
3010011 Failed to send copy of the uniform hazardous waste manifest to DTSC within 30 days of shipment. 22 CCR 66262.23(a)(4) 3010013 Failed to meet the consolidated manifesting requirements for waste shipment. HSC 25160.2(b)(3) &/or (c) 3010014 Failed to retain at the generator's place of business disposal records of spent lead-acid batteries for at least 3 years. 22 CCR 66266.81(a)(4)(A) &/or (B) 3030006 Failed to determine if a hazardous waste is restricted or prohibited from land disposal and has to be treated. 22 CCR 66268.7(a)(1) 3010016 Failure of recycler who recycles more than 100 kilograms per month of a recyclable material to submit the biennial Recyclable Materials Report (RMR) in CERS when claiming exclusion or exemption. HSC 25143.10(a), (c) &/or (d) HMD0149 Failed to keep disposal receipts for drained used oil filters and/or drained fuel filters for 3 years. HSC 25250.22; 22 CCR 66266.130(c)(5) HMD0152 Failed to report &/or update the required inventory information for hazardous waste(s) generated at the facility in CERS. SDCC 68.904(a)(2) HMD0140 Failed to have Land Disposal Restriction documentation onsite for 3 years. 22 CCR 66268.7(a)(8) 3250005 Failed to obtain a Treatment, Storage and Disposal Facility (TSDF) permit or authorization to store/treat/dispose of hazardous waste. HSC 25201(a) 3050005 Failed to have adequate records demonstrating claim of exemption or exclusion for recyclable materials. HSC 25143.2(f) HMD0142 Failed to notify the CUPA in CERS for onsite hazardous waste treatment/tiered permitting. HSC 25201(a) HMD0138 Manifest signed by the TSDF not available for inspection. 22 CCR 66262.40(a); HSC 25185(a)(4) 3010035 Failure to annually submit notification of generator's intent to remotely consolidate hazardous waste. HSC 25110.10(d)

DISPOSAL AND TRANSPORTATION
# VIOLATION DESCRIPTION
3010007 Failed to prepare a hazardous waste manifest for the transport of a waste for off-site transfer, treatment, storage, or disposal. HSC 25160(b)(1) or (2), 25160.2(b)(9); 22 CCR 66262.20(a)
3030005 Failed to make a proper waste determination. 22 CCR 66262.11, 66262.40(c) 3050001 Failed to use a DTSC registered hazardous waste transporter to transport hazardous waste. HSC 25163(a) 3050002 Failed to properly dispose of hazardous waste at an authorized facility. HSC 25189.5(a) HMD0308 Impermissible dilution of hazardous waste. 22 CCR 66268.3(a) HMD0305 Disposed of used oil illegally. HSC 25250.5(a), 25189.5(a) HMD0306 Failed to properly dispose of oil-based paint &/or hazardous waste latex paint liquid. HSC 25217.1, 25189.5(a)

STORAGE AND HANDLING
# VIOLATION DESCRIPTION
3030001 Failed to meet the management requirements when handling or storing spent lead-acid batteries. 22 CCR 66266.81(a) 3030003 Failed to properly manage 'damaged' spent lead acid batteries so as to minimize the release of acid and lead and to protect the handlers and the environment 22 CCR 66266.81(b)
3030004 Failure to properly manage used oil filters and/or fuel filters in accordance with the requirements. HSC 25250.22; 22 CCR 66266.130 3050004 Generator intentionally contaminated used oil with another hazardous waste other than minimal amounts of fuel. HSC 25250.7(a), (c) HMD0222 Failed to properly label Excluded Recyclable Materials (ERM) accumulated in a container or tank. HSC 25143.9(a) HMD0216 Failed to label hazardous material container within 10 days after the container was discovered to be mislabeled or inadequately labeled. HSC 25124(b)(3) (A); 22 CCR 66262.34(f)
HMD0217 Failed to repackage and properly label damaged/deteriorated hazardous material container within 96 hours. HSC 25124(b)(3)(B); 22 CCR 66262.34(f) HMD0219 Failed to properly segregate used oil &/or fuel drained from filters. HSC 25250.22(b)(4); 22 CCR 66266.130(c)(6) 3030057 Failed to comply with hazardous waste satellite container regulation. 22 CCR 66262.34(e) HMD0023 Failed to properly empty container, failed to manage non-empty container, or inner liner removed from a container. 22 CCR 66261.7(b), (d), (e) &/or (r) HM-923 (10-18)

C O U N T Y O F S A N D I E G O

COMPLIANCE INSPECTION REPORT
Hazardous Materials and Hazardous Waste (continued)
INSPECTION DATE: 06/21/2021 PAGE 7 OF 9
RECORD ID #: DEH2011-HUPFP-214305
3030058 Failed to mark date on empty container larger than 5 gallons &/or manage it within one year. 22 CCR 66261.7(f) 3030060 Failure of the owner or operator managing laboratory hazardous waste in a laboratory accumulation area to comply with the accumulation, storage, management, training, and/or record-keeping requirements. HSC 25200.3.1(b) and/or (c)

UNIVERSAL WASTE HANDLER REQUIREMENTS
# VIOLATION DESCRIPTION
3010004 Failed to obtain a California ID Number from DTSC or federal ID Number from USEPA prior to accumulating 5,000 kgs or more of Universal Waste. 22 CCR 66273.32(a-b)
HMD0151 Failed to maintain universal waste handler training records for 3 years. 22 CCR 66273.36(c),(d) 3020003 Failed to properly train handlers of universal waste in universal waste management and response procedures. 22 CCR 66273.36(a),(b) 3030008 Failed to properly label or mark Universal Waste container, package, or pallet (excluding CESQUWG) 22 CCR 66273.34 3030011 Failed to properly dispose of Universal Waste within one year. 22 CCR 66273.35(a) &/or (b) HMD0147 Failed to keep records of offsite Universal Waste shipment(s) available for inspection for 3 years. 22 CCR 66273.39(c),(d)(2) 3030051 Failed to meet accumulation, labeling, marking, &/or containment standards for Universal Waste aerosol containers. HSC 25201.16(f) 3040004 Failed to manage universal waste in a manner to prevent release(s) to the environment. 22 CCR 66273.33; 66273.33.5 HMD0307 Disposal of universal waste (UW) to an unauthorized point. HSC 25189.5(a); 22 CCR 66273.31(a), 66273.8(b) 3010005 Failure of a universal handler of electronic devices or CRTs from an offsite source to notify DTSC 30 days prior to acceptance. 22 CCR 66273.32(c) 3010020 Failure of a universal waste handler to submit an annual report that includes all required information to DTSC by February 1 of every year . 22 CCR 66273.32(d)
3010006 Failure of the universal waste handler who sends electronic devices or CRTs to any foreign destination to notify DTSC 60 days prior to export and send a copy to the CUPA. 22 CCR 66273.40(a)(3)

CERTIFIED APPLIANCE RECYCLER REQUIREMENTS
# VIOLATION DESCRIPTION
3010033 Failure to obtain Certified Appliance Recycler certification (CAR) from DTSC. HSC 25211.4 3010034 Failure of certified appliance recycler (CAR) to provide documentation that all materials that require special handling (MRSH) have been properly removed and managed. HSC 25211.2, 25211.3
3030055 Failure of certified appliance recycler (CAR) to properly remove and dispose of all materials that require special handling (MRSH). HSC 25211.3, 25212 (a), (b), and/or (c)
HM-923 (10-18)

C O U N T Y O F S A N D I E G O

COMPLIANCE INSPECTION REPORT
California Accidental Release Prevention (CalARP)
Program 1
INSPECTION DATE: 06/21/2021 PAGE 8 OF 9
RECORD ID #: DEH2011-HUPFP-214305
VIOLATION REPORT: Each violation checked below is for the section(s) of the California Health and Safety Code (HSC), California Code of Regulations (CCR), or the San Diego County Code (SDCC) indicated in italics. Incorporated provisions of Title 40 of the Code of Federal Regulations (CFR) and Title 42 of the United States Code (USC) are noted for reference. All violations must be corrected. Submit documentation of return to compliance to your Specialist. You may use the Corrective Action Form (HM-926) to document your return to compliance. Please call (858) 505-6880 or your Specialist if you have any questions. Administering Agency (AA); process hazard analysis (PHA); process safety information (PSI); emergency response (ER); regulated substance (RS); stationary source (SS); threshold quantity (TQ)

GENERAL APPLICABILITY & COORDINATION
# VIOLATION DESCRIPTION
5010001 Failure to comply with CalARP provisions when having a regulated substance in a process listed in Table 1/2. 19 CCR 4.5 2735.4(a)(1) 5010002 Failure to comply with the appropriate provisions of 19 CCR 4.5 prior to the date in which a regulated substance is first present in a process above the listed threshold quantity, as listed in Table 3 of Section 2770.5. 19 CCR 4.5 2735.4(a)(2) 5010003 Failure to comply with CalARP provisions when having a regulated substance in a process listed in Table 1/2 and 3. 19 CCR 4.5 2735.4(a)(3) 5010004 Failure to closely coordinate with the CUPA to implement the CalARP requirements. 19 CCR 4.5 2735.5(a) 5030005 Failure to identify hazards that may result from releases, design and maintain a safe facility or minimize the consequences of an accidental release. HSC 25531.2(b)
5010006 Failure to ensure response actions are coordinated with local emergency planning and response agencies. 19 CCR 4.5 2735.5(d)(3) 5010120 Failure to coordinate with CUPA to ensure appropriate technical standards are applied to implement CalARP. 19 CCR 4.5 2785.1(a) 5010121 Failure to request assistance from the CUPA when necessary to address compliance/safety issues with CalARP. 19 CCR 4.5 2785.1(b)

RMP COMPONENTS AND SUBMISSION

RMP SUBMISSION
# VIOLATION DESCRIPTION
5010005 Failure to submit an RMP which includes all requirements in Section 2745.3 to 2745.5 and 2745.8 to 2745.9. 19 CCR 4.5 2735.5(b)(1), 2735.5(d), 2745.1(a)
5010016 Failure to submit the RMP information required by the USEPA to the USEPA. 19 CCR 4.5 2745.1(b)(1), 2745.1(b)(2) 5010017 Failure to submit the RMP information required by the USEPA to the CUPA. 19 CCR 4.5 2745.1(c) 5010018 Failure of a stationary source to submit a Risk Management Plan to the CUPA after the owner or operator has received a notice from the CUPA requesting submission of a Risk Management Plan. HSC 6.95 25536(b) 5010019 Failure to submit an RMP to the CUPA prior to the date a RS is in a process above the TQ. 19 CCR 4.5 2745.1(d) 5010020 Failure to exclude classified information from the RMP. 19 CCR 4.5 2745.1(h)

RMP CERTIFICATION
# VIOLATION DESCRIPTION
5010021 Failure to ensure that the RMP is certified complete by a QUALIFIED PERSON and the stationary source owner or operator. 19 CCR 4.5 2745.2(a) 5010023 Failure to submit in the RMP the certification statement provided in Section 2735.5(d)(4).

RMP UPDATES
# VIOLATION DESCRIPTION
5010025 Failure to revise, update, and submit the RMP to the USEPA and CUPA per timelines in Section 2745.10(a). 19 CCR 4.5 2745.10(a) 5010026 Failure to revise, update, and submit the RMP to the USEPA and CUPA per timelines in Section 2745.10(b). 19 CCR 4.5 2745.10(b) 5010027 Failure to submit a de-registration to the USEPA and CUPA within six months of the regulated substance removal. 19 CCR 4.5 2745.10(c) 5010028 Failure to submit a de-registration to the CUPA within six months of the regulated substance removal. 19 CCR 4.5 2745.10(d) 5010029 Failure to contact the CUPA within 30 days of a change of owner or operator to update the registration. 19 CCR 4.5 2745.10(f)

RMP CORRECTIONS
# VIOLATION DESCRIPTION
5010030 Failure to correct and submit the data required in the RMP under sections 2745.5, 2745.6(j), and 2745.7(1) (New Accident History). 19 CCR 4.5 2745.10.5(a)
5010031 Failure to correct and submit the EMERGENCY CONTACT information in the RMP within one month of any change. 19 CCR 4.5 2745.10.5(b)

COVERED PROCESS MODIFICATION
# VIOLATION DESCRIPTION
5010032 Failure to notify the CUPA in writing of the intent to modify the stationary source at least five calendar days before implementing any modifications or no later than 48 hours following the modification if prenotification is not reasonable. 19 CCR 4.5 2745.11(a)(1) 5010033 Failure to establish procedures to manage the proposed modification, which shall be substantially similar to the procedures specified in Sections 2760.6 and 2760.7, and notify the CUPA that the procedures have been established. 19 CCR 4.5 2745.11(a)(2) 5010262 Failure to revise documents as required pursuant to section 2745.11(a) at a modified stationary source. 19 CCR 4.5 2645.11(b)

CERTIFICATE OF OCCUPANCY
# VIOLATION DESCRIPTION
5010034 Failure to comply with Government Code Section 65850.2(b) prior to issuance of a certificate of occupancy. 19 CCR 4.5 2745.12

RMP REVIEW
# VIOLATION DESCRIPTION
5010022 Failure to correct deficiencies within 60 calendar days from receipt of the notification of RMP deficiencies. 19 CCR 4.5 2745.2(b)(1)

REGISTRATION
# VIOLATION DESCRIPTION
5010008 Failure to include a registration in the RMP that reflects all covered processes. 19 CCR 4.5 2735.5(b)(2) 5010012 Failure to complete the registration information and submit it with the RMP to the USEPA and the CUPA. 19 CCR 4.5 2740.1(a) 5010013 Failure to complete the REGISTRATION information and submit it with the RMP to the CUPA.

HM-972 CalARP (10-18)

C O U N T Y O F S A N D I E G O

COMPLIANCE INSPECTION REPORT
CalARP Program 1 (continued)
INSPECTION DATE: 06/21/2021 PAGE 9 OF 9
RECORD ID #: DEH2011-HUPFP-214305
5010014 Failure to submit a registration with a certification of accuracy to the CUPA prior to submittal of the RMP. 19 CCR 4.5 2740.1(c) 5010015 Failure to include the data required in Section 2740.1(d)(1) through (d)(20) in the registration. 19 CCR 4.5 2740.1(d)

HAZARD ASSESSMENT
# VIOLATION DESCRIPTION
5010035 Failure to prepare a worst-case release scenario analysis as provided in Section 2750.3. 19 CCR 4.5 2750.1 5010036 Failure to complete the five-year accident history as provided in Section 2750.9. 19 CCR 4.5 2750.1

RECORDKEEPING
# VIOLATION DESCRIPTION
5010119 Failure to maintain records supporting the implementation of CalARP for five years unless otherwise provided. 19 CCR 4.5 2775.1 HM-972 CalARP (10-18)

COUNTY OF SAN DIEGO

UPFP INSPECTION CHECKLIST
FACILITY NAME: CHULA VISTA ENERGY CENTER, LLC
ADDRESS: 3497 MAIN ST
CITY/ZIP: CHULA VISTA /91911
INSPECTION DATE: 06/29/2023
RECORD ID #: DEH2011-HUPFP-214305
TIME START: 8:00 AM END: 12:30 PM
SPECIALIST: Manon Maschue
INSPECTION CONTACT:Susanna Miramontes
TITLE: EH&S Specialist
PHONE:(619) 579-9002
E-MAIL:[email protected]
HM-9000(01/15) DEH CUPA Inspection eForm v87 Dated 6/3/2022 15:00

FACILITY REFERENCE DATA
ACCELA

CERS
RECORD STATUS: Permit Renewed
PERMIT EXPIRATION DATE: 08/31/2023
BALANCE DUE: $1,959.00
INSPECTOR: Manon Maschue
INSPECTION TYPE: Routine
INSPECTION STATUS: Complete
EPA ID NUMBER: CAL000346986
FACILITY CERS ID NUMBER:10359508
CERS LEAD USER: Susana Miramontes
LAST CERS SUBMITTAL DATE: 05/26/2022
ENVIRONMENTAL CONTACT EMAIL: [email protected]
ENVIRONMENTAL CONTACT PHONE: 6195799002

FACILITY INFORMATION

YES NO
BUSINESS TYPE: Public Utilities-Not Fleet Fuel Facility

YES NO
INACTIVATION INSPECTION: ✖
BUSINESS CLOSE DATE:

CHANGE OF OWNER: ✖
ISSUE INITIAL INVOICE: ✖
ASSESS NON-NOTIFICATION FEE: ✖
ASSESS RE-INSPECTION FEE: ✖
UPDATE FACILITY ADDRESS IN AA: ✖
HAZARDOUS MATERIALS: ✖
HAZARDOUS WASTE: ✖
ABOVEGROUND PETROLEUM STORAGE ACT:* ✖
TOTAL ABOVEGROUND STORAGE CAPACITY OF PETROLEUM: 750
NUMBER OF TIUGA(s): 1
UNDERGROUND STORAGE TANK: ✖
CALARP PROGRAM LEVEL:

1 2 3 N/A
MEDICAL WASTE:

SQG LQG N/A
EPIC PARTICIPANT: ✖
NUMBER OF TLV GASES AT THE FACILITY: 0
HW GENERATOR STATUS :

LQG SQG CESQG RCRA LQG N/A
TIERED PERMIT LEVEL(S) :

CESQT CESW CE-L CE-CL HHW PBR CA N/A

PRIMARY BILLING CODE
Base + CUPA

SECONDARY BILLING CODE
Not Applicable
INSPECTION SCOPE:*
HAZARDOUS MATERIALS: HMBP APSA UST
MEDICAL WASTE: SQG SQG - TREATS

LQG LQG - TREATS
HAZARDOUS WASTE: SQG LQG
CALARP: 1 2 3
TIERED PERMITTING: CESQT CESW CE-L CE-CL

CA PBR HHW
CONSENT TO CONDUCT INSPECTION GRANTED BY: INSPECTION CONTACT ✖ NAME: Susanna Miramontes TITLE: EH&S Specialist

REMOVE BLANK CHECKLISTS FROM FINAL INSPECTION REPORT SIGNATURE NOT OBTAINED TIME ACCOUNTING (Routine) TOTAL TIME ENTERED: 2.5
Date Time Group Type
07/06/2023 2.5 648,DEH-HMD CUPA FIELD REC Report Writing - Record INSPECTION REPORT EMAILS:

[email protected],[email protected] RECORD COMMENT:

COUNTY OF SAN DIEGO

UPFP INSPECTION CHECKLIST
FACILITY NAME: CHULA VISTA ENERGY CENTER, LLC
ADDRESS: 3497 MAIN ST
CITY/ZIP: CHULA VISTA /91911
INSPECTION DATE: 06/29/2023
RECORD ID #: DEH2011-HUPFP-214305
TIME START: 8:00 AM END: 12:30 PM
SPECIALIST: Manon Maschue
INSPECTION CONTACT:Susanna Miramontes
TITLE: EH&S Specialist
PHONE:(619) 579-9002
E-MAIL:[email protected]
HM-9000(01/15) DEH CUPA Inspection eForm v87 Dated 6/3/2022 15:00 HM-924(01/15)

COUNTY OF SAN DIEGO

COMPLIANCE INSPECTION REPORT
FACILITY NAME: CHULA VISTA ENERGY CENTER, LLC
ADDRESS: 3497 MAIN ST
CITY/ZIP: CHULA VISTA /91911
INSPECTION DATE: 06/29/2023 PAGE 1 OF 13
RECORD ID #: DEH2011-HUPFP-214305
TIME START: 8:00 AM END: 12:30 PM
SPECIALIST: Manon Maschue
INSPECTION CONTACT:Susanna Miramontes
TITLE: EH&S Specialist
PHONE:(619) 579-9002
E-MAIL:[email protected]
On the above date, the County inspected your facility under the authority of the California Health and Safety Code (H&SC), to determine compliance with applicable provisions of the H&SC, the California Code of Regulations (CCR), and the San Diego County Code of Regulatory Ordinances (SDCC). This report serves as a Notice to Comply (H&SC 25187.8 & 25404.1.2) for any minor violations as defined in H&SC 25404 and 25117.6. This report may contain both minor and more significant (Class II) violations. Minor violations do not include repeat violations or violations remaining uncorrected for more than 30 days (or as specified below). Minor violations do not include knowing, willful, intentional, or chronic violations; nor do they include violations showing a pattern of neglect or disregard. The remarks below are intended to provide guidance to correct any violations indicated on the attached violation report. You must submit a written response to this report within 30 days (or as specified below) demonstrating that all violations have been corrected or include a written notice of disagreement that clearly states the reason for any disputed violations. Prompt correction can protect you from penalties for a "minor violation". Penalties can be imposed for each day in violation for all other violations even if they are corrected promptly. However, correction within 30 days (or as specified below) will make a penalty less likely.

NOTE: Reinspection fees will be charged if additional inspections are required to determine compliance. ✖ Unified Program Facility Permit Current
✖ Hazardous Materials Business Plan Available
✖ Employee Training is Adequate
✖ Waste Disposal Records Available for Review
✖ Emergency Contacts Current Updated today
Chemical Inventory/Map Current Updated today
✖ Contingency Plan Available LQG SQG✖
✖ Employee Training Records Available
✖ Universal Waste Managed Properly
✖ Waste Containers Closed✖ Labeled✖
✖ Waste Containers in Good Condition
Permit Expires On 08/31/2023
CONSENT TO CONDUCT INSPECTION GRANTED BY: Susanna Miramontes TITLE: EH&S Specialist INTRODUCTION:

Routine Inspection

The County of San Diego Hazardous Materials Division (HMD) is a division of the Department of Environmental Health & Quality (DEHQ). DEHQ is the Certified Unified Program Agency (CUPA) for the County of San Diego. A routine CUPA facility inspection was conducted 6/29/2023 with Susana Miramontes, EH&S Specialist and Ty Cheesbrough of Wellhead Services. Belinda Velediaz, EHS III with DEHQ, participated in the inspection. Consent to inspect, sample and photograph as needed was obtained from Susana Miramontes. The inspection was conducted to assess compliance with the following Unified Program elements:

• Hazardous Materials Chemical Inventory & Business Plan (HMBP) (HSC Div 20 Ch 6.95 Art 1 & 19 CCR Div 2 Ch 4) • Aboveground Petroleum Storage Act (APSA) (CA HSC Ch 6.67 and 40 CFR Sec 112 - SPCC Plan) • Hazardous Waste Management (HSC Div 20 Ch 6.5 & 22 CCR Div 4.5 Ch 10) • California Accidental Release Prevention Program (CalARP) (HSC Div 20 Ch 6.95 Art 2 & 19 CCR Div 2 Ch 4.5)

The Chula Vista Energy Center (CVEC) is a 35 megawatt (nominal) natural gas-fired power plant that is typically not staffed.

Typically the plant runs less than 100 hours per year. The plant is operated at this time by Wellhead Services. CVEC uses 19% aqueous ammonia for reducing air pollution (oxides of nitrogen (NOx)) produced from generating electricity. The process of NOx reduction is called selective catalytic reduction (SCR). SCR is a permitted air pollution control system.

INSPECTION REMARKS:

Hazardous Materials Business Plan (HMBP) Remarks:

CERS ID: 10359508

The most recent HMBP/CERS submittal was made on 7/5/2023 for the following elements:
• Facility Information (Owner Operator & Business Activities) • Chemical Inventory & Site Map
• APSA Element

This submittal included minor technical edits to the site map including having all of the labels face the same direction as provided in the CUPA's sit map instructions.

The last submittal for the "Plans" CERS element was made on 5/26/2023.

HM-924(01/15)

COUNTY OF SAN DIEGO

SUPPLEMENTAL COMPLIANCE

INSPECTION REPORT
INSPECTION DATE: 06/29/2023 PAGE 2 OF 13
RECORD ID #: DEH2011-HUPFP-214305

Remember to review and resubmit the following three required CERS elements at least annually even if there are no changes:
• Facility Information (Owner Operator & Business Activities) • Chemical Inventory & Site Map
• Plans Element (Emergency Response and Training Plans)

Training for HMBP including HAZCOM, Release Reporting, RMP and SPCC was last conducted 5/4/2023. The training program includes IIPP, PPE, Fire Prevention/Action Plan, Contractor & Visitor Control, HMBP and First Responder Awareness, among others.

Incompatible Chemical Storage Corrected during the inspection:
o One half gallon bottle of sodium hypochlorite (5%) (household bleach) was observed inside the flammable cabinet and was removed to safer storage during the inspection.

Fire System Suppression Chemicals exempted from Chemical Inventory Reporting:
o There is on site compressed Nitrogen used for fire fighting. It provides pressure to sprinklers. This fire suppression system is not in CERS due to a local exemption.
o FM200 is used for fire suppression for the control room. This is also not reported in CERS due to fire suppression system exemption.
o No CO2 observed on site during this inspection.

*****

APSA/SPCC Remarks:

Chula Vista Energy Center has a Federal SPCC plan on site describing over 5,500 gallons of petroleum stored mostly in oil-filled electrical equipment, most of which are exempt from APSA-regulation by definition in HSC 25270.2.

"Aboveground storage tank" in the California APSA regulation does not include oil-filled electrical equipment, including, but not limited to, transformers, circuit breakers, or capacitors, when the equipment contains less than 10,000 gallons of dielectric fluid, is in secondary containment and is inspected routinely. There are other exclusions in the law, but this is the one that applies for this facility.

At this time, based on observations made at the facility and discussions with Ty Cheesebrough and Susana Miramontes, this facility stores, at the most, about 1,128 gallons of petroleum which is subject to APSA. Included in the 1,128 gallons, there is on site one 750 gallon Tank in and Underground Area (TIUGA). Due to the existence of this TIUGA, Chula Vista Energy Center is subject to APSA.

An APSA CERS submittal was made during this inspection on 7/5/2023.

Training/Spill Prevention briefings are conducted and documented. Last SPCC Training was conducted 5/4/2023.

The SPCC is P.E. Certified. The SPCC Plan was last reviewed for changes 5/11/2021.

*****

Hazardous Waste Management Remarks:

CalEPA ID CAL 000 346 986

Based on a visit to the facility, discussions with Susanna Miramontes and a review of the hazardous waste manifests for the last three years, this facility appears to be, at this time, a small quantity generator (SQG) of hazardous wastes.

HM-924(01/15)

COUNTY OF SAN DIEGO

SUPPLEMENTAL COMPLIANCE

INSPECTION REPORT
INSPECTION DATE: 06/29/2023 PAGE 3 OF 13
RECORD ID #: DEH2011-HUPFP-214305
Hazardous wastes routinely generated on site include: oily absorbent, oily water, used oil filters and universal wastes (in small quantities). Universal wastes are consolidated at the El Cajon facility.

There are also non-hazardous waste manifests for oily water (<10% oil) which is generated from the "wash down tank." Spill kits were observed on site today.

Hazardous Waste Management Training was last conducted 3/8/2022.

*****

CalARP Remarks:

Covered Process & Program: The facility stores 10,200 gallons of aqueous ammonia in a 12,000 gallon tank. Tank is said to be maximum 85% full. The ammonia is reported as 19% concentration.

Aqueous ammonia is used at this facility in an air pollution control application known as selective catalytic reduction (SCR).

CVEC has submitted a Program 1 RMP for this process. The Off-site Consequences Analysis (OCA) uses the program SCREEN3 which describes a toxic endpoint traveling to 12 feet. This end point distance considers that the ammonia will "instantaneously" flow beneath the covered containment. Two long "slat" openings and an estimated "greatly reduced evaporation rate" from being below the covered containment were considered in the Off-site Consequences Analysis (OCA). The area of concern keeps the plume of ammonia on the CVEC property according to the worst case scenario they submitted to the CUPA. The Hazard Assessment indicates there will be no off-site impacts from a worst case release of all contents of the ammonium hydroxide tank.

Be advised that the CUPA is reviewing the OCA for all Program 1 Facilities to verify facilities fall into the correct program level. A request to revisit the worst-case OCA will come in writing.

***
RMP Submittal: Chula Vista Energy Center (CVEC) submitted a Program 1 RMP update to the CUPA dated 10/2019.

***
RMP Certification Statement: This RMP contains the proper certification statement found in 19 CCR Section 2735.5(d)(4).

***
RMP Updates: Every 5 years this facility is required to submit an RMP Update to the CUPA to include an updated Hazard Assessment and 5-year accident history.

At this time, CalARP-specific information is not submitted through CERS. When changes in personnel occur that affect the CalARP Program, submit any CalARP responsible party, CalARP Qualified Person, certification or other modifications in writing within 30 days from the change directly to the CUPA (using mail, courier or e-mail), not through CERS.

***
Five (5)-year Accident History & Incident Investigations: There have been no releases of ammonia in the last 5-years per statements by Susanna Miramontes.

***
HM-924(01/15)

COUNTY OF SAN DIEGO

SUPPLEMENTAL COMPLIANCE

INSPECTION REPORT
INSPECTION DATE: 06/29/2023 PAGE 4 OF 13
RECORD ID #: DEH2011-HUPFP-214305
Emergency Response: CVEC is a non-responding CalARP facility. Per statements from Susanna Miramontes and Ty Cheesbrough, in the event of an ammonia release, staff will size-up, isolate and deny entry and call for a response from local FD and a clean up contractor if needed.

Safety equipment such as emergency eyewash/showers were working and well-identified today. The ammonia tank sits inside a properly sized secondary containment. The ammonia tank fill area is contained in a secondary containment. Delivery's of ammonia are witnessed and verified by facility staff. Process piping has labels which indicate the name of the contained material and flow direction of the contained material.

A windsock was visible during the inspection.

***
General Duty Clause: Be advised that the CUPA regulates California Health and Safety Code 25531.2. (b) which states:
...Owners and operators of stationary sources producing, processing, handling, or storing hazardous materials have a general duty, in the same manner and to the same extent as is required by Section 654 of Title 29 of the United States Code, to identify hazards that may result from releases using appropriate hazard assessment techniques, to design and maintain a safe facility taking those steps as are necessary to prevent releases, and to minimize the consequences of accidental releases that do occur.

29 U.S.C. § 654, 5(a)1, (the "General Duty Clause") requires the following: “Each employer shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees."

**********

This report was reviwed with the Facility Contact below and was submitted into eForms unsigned on 7/7/2023.

A copy of the signed report was requested and, when received, will be submitted to Acella.

**********

DIRECT QUESTIONS AND/OR CORRESPONDENCE REGARDING THIS REPORT TO:

Manon Maschue, REHS, EHS III
County of San Diego, DEHQ, Hazardous Materials Division PO Box 129261
San Diego, CA 92112-9261
858-518-7390 | [email protected]

**********

Helpful Websites:
• For guidance documents on hazardous materials-related topics, go to: https://www.sandiegocounty.gov/content/sdc/deh/hazmat/hmd_publications.html • For information on the California Environmental Reporting System (CERS), go to: https://www.sandiegocounty.gov/content/sdc/deh/hazmat/hmd_cers.html • If you have questions on: permit fees, business plan requirements, or hazardous waste regulations, go to: https://www.sandiegocounty.gov/content/sdc/deh/hazmat.html • To find out the latest San Diego County News and receive updates, subscribe to our govdelivery emails:
https://public.govdelivery.com/accounts/CASAND/subscriber/new HM-924(01/15)

COUNTY OF SAN DIEGO

SUPPLEMENTAL COMPLIANCE

INSPECTION REPORT
INSPECTION DATE: 06/29/2023 PAGE 5 OF 13
RECORD ID #: DEH2011-HUPFP-214305
If you have any questions regarding this inspection, please contact , Manon Maschue , 858.518.7390 [email protected]

INSPECTION PHOTOS
None

INSPECTION ATTACHMENTS
None
All regulated businesses are required by law to submit their Unified Program-related information and business updates online through the California Environmental Reporting System (CERS). For additional information about CERS, go to:
https://www.sandiegocounty.gov/deh/hazmat/hmd_cers.html

PRINTED NAME OF FACILITY REPRESENTATIVE
Susanna Miramontes

TITLE OF FACILITY REPRESENTATIVE
EH&S Specialist

SIGNATURE
Signature Not Obtained

DATE SIGNED
Department of Environmental Health and Quality, Hazardous Materials Division, P.O. Box 129261, San Diego, CA 92112-9261 Phone: (858) 505-6880 http://www.sdcdehq.org

C O U N T Y O F S A N D I E G O

COMPLIANCE INSPECTION REPORT
Handlers of Hazardous Materials and Small and Large
Quantity Generators of Hazardous Waste
INSPECTION DATE: 06/29/2023 PAGE 6 OF 13
RECORD ID #: DEH2011-HUPFP-214305
FACILITY NAME: *CHULA VISTA ENERGY CENTER, LLC
ADDRESS: * 3497 MAIN ST CITY/ZIP: *CHULA VISTA 91911
Each violation checked below is for the section(s) of the California Health and Safety Code (HSC), California Code of Regulations (CCR), or the San Diego County Code (SDCC) indicated in italics. Incorporated provisions of Title 40 of the Code of Federal regulations (CFR) are noted for reference. All violations must be corrected. Submit documentation of return to compliance to your Specialist. You may use the Corrective Action Form (HM-926) to document your return to compliance. Please call (858) 505-6880 or your Specialist if you have any questions. HMBP = Hazardous Materials Business Plan; CUPA = Certified Unified Program Agency; CERS = California Environmental Reporting System; SQG = Small Quantity Hazardous Waste Generator; LQG = Large Quantity Hazardous Waste Generator

HAZARDOUS MATERIALS REQUIREMENTS
# VIOLATION DESCRIPTION
1010001 Failed to establish and implement a HMBP. HSC 25505(a) and 25507(a) 1010002 HMBP not submitted in CERS within the required timeframe. HSC 25508(a)(1); 27 CCR 15188(a),(b),(d) 1010003 Business activities &/or Business Owner/Operator page not complete or accurate in CERS. 19 CCR 2652(a)(1); SDCC 68.904(b); HSC 25508(a)(1), 25508(a) (3)
1010004 Chemical inventory incomplete or not submitted in CERS. HSC 25505(a)(1); 25507(a); 25508.1(a-b); 19 CCR 2654 (a) or (d) 1010005 Site map not submitted in CERS or not sufficient. HSC 25505(a)(2); 25508.1(f); 19 CCR 2652(a)(3) 1010006 Failed to update HMBP in CERS within 30 days of a substantial change to any portion of the HMBP, including inventory changes or facility information.

HSC 25508.1(a-f); 19 CCR 2654(d); SDCC 68.904(c)(6)
1010008 HMBP not certified as complete and accurate in CERS by the required due date. HSC 25508.2, 19 CCR 2654(b) 1010010 Emergency response plan and procedures to mitigate a release or threatened release not adequate, not established or not submitted in CERS. HSC 25505(a)(3), 25508(a)(1), 25508(a)(3); 19 CCR 2658
1010011 Failure to notify property owner in writing that the business is subject to the HMBP program. HSC 25505.1 1010012 Failure to provide a copy of HMBP to the property owner within five working days upon request from property owner. HSC 25505.1 1010014 Failure to submit emergency response plan in CERS, when not meeting agricultural handler exemption. HSC 25507.1(a) and 25508(a)(1); 19 CCR 2670, 2671
1010015 Failure to submit employee training plan in CERS, when not meeting agricultural handler exemption. HSC 25507.1(a), 25508(a)(1), 19 CCR 2670, 2671 1010016 HMBP not established or submitted in CERS, when not meeting the remote site exemption. HSC 25507.2 and 25508(a)(1) 1020001 Employee training and/or plan for safety procedures in the event of a release or threatened release of a hazardous material not adequate, not established or not submitted in CERS. HSC 25505(a)(4), 25508(a)(1), 25508(a)(3); 19 CCR 2659(a) 1030001 (AWM) Failure of agricultural handler to post warning signs on buildings where pesticides, petroleum, or fertilizers are stored, that are visible from any direction of probable approach, contain all required information, and are in appropriate language. HSC 6.95 25507.1(a)(2); 19 CCR 2670, 2671 1020002 Initial &/or annual employee training not conducted in safety procedures for a hazardous material release or threatened release &/or employee training records not available or not maintained for 3 years. HSC 25505(a)(4); 19 CCR 2659(b) 1040001 Hazardous materials release or threatened release not immediately reported to the CUPA and OES upon discovery. HSC 25510(a); 19 CCR 2631(a) HMD1001 Unified Program Facility permit not obtained for hazardous materials. SDCC 68.904; 68.905; 68.906, 68.907; 68.907.1 HMD1005 Emergency contact not provided or current in CERS. HSC 25508.1(f); SDCC 68.904(b) HMD1007 Highly toxic gas (TLV<10 ppm) not disclosed in CERS. SDCC 68.1113(a) 1010017 HMBP not readily available to facility personnel or the CUPA. HSC 25505(c)

HAZARDOUS WASTE REQUIREMENTS FOR SQGS ONLY
# VIOLATION DESCRIPTION
HMD0226 Did not accumulate waste in a container or tank. 22 CCR 66262.34(d)(2); 40 CFR 262.34(d)(2) 3030007 Failed to properly label/date hazardous waste container &/or tank. 22 CCR 66262.34(f) 3030010 Failed to properly dispose of hazardous waste within 180 days (or 270 days if waste is transported over 200 miles). 22 CCR 66262.34(d); HSC 6.5 25123.3(h)(1)
3030013 Failed to accumulate hazardous waste in a container that is in good condition. 22 CCR 66262.34(d)(2); 40 CFR 262.34(d)(2), 265.171 3030015 Failed to accumulate or store hazardous waste in a lined &/or compatible container. 22 CCR 66262.34(d)(2); 40 CFR 262.34(d)(2), 265.172 3030017 Failed to properly close hazardous waste container(s). 22 CCR 66262.34(d)(2); 40 CFR 262.34(d)(2), 265.173 3030019 Failed to inspect hazardous waste storage area at least weekly. 22 CCR 66262.34(d)(2); 40 CFR 262.34(d)(2), 265.174 3030022 Failed to properly separate incompatible waste. 22 CCR 66262.34(d)(2); 40 CFR 262.34(d)(2), 265.177 3030030 Failed to maintain &/or operate facility to minimize the possibility of a fire, explosion, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents. 22 CCR 66262.34(d)(2); 40 CFR 262.34(d)(4), 265.31 3030036 Failed to maintain adequate aisle space. 22 CCR 66262.34(d)(2); 40 CFR 262.34(d)(4), 265.35 3010022 Failed to post, next to the telephone, emergency information containing the location of emergency equipment, contact names and phone numbers. 22 CCR 66262.34(d)(2); 40 CFR 262.34(d)(5)(ii)
3020001 Failure to ensure employees are thoroughly familiar with proper waste handling and emergency procedures during normal facility operations and emergencies. 22 CCR 66262.34(d)(2); 40 CFR 262.34(d)(5)(iii) 3030032 Failed to maintain the following emergency response equipment or equivalent: 1) An internal communication or alarm system; 2) A communication device, such as a telephone; 3) Portable fire extinguishers, fire/spill control equipment and decontamination equipment; and 4) Water at adequate volume and pressure. 22 CCR 66262.34(d)(2); 40 CFR 262.34(d)(4), 265.32 3030039 Failed to have an emergency coordinator on the premises or on call, and available during an emergency. 22 CCR 66262.34(d)(2); 40 CFR 262.34(d)(5)(i) HMD0412 Failed to implement and/or coordinate emergency response measures during an emergency, spill/release. 22 CCR 66262.34(d)(2); 40 CFR 262.34(d)(5) (iv)
3010030 Failed to submit an Exception Report to DTSC for hazardous waste manifest. HSC 25123.3(h)(2); 22 CCR 66262.42(a), (c-d)

HAZARDOUS WASTE TANK SYSTEMS FOR SQGS ONLY
# VIOLATION DESCRIPTION
HM-923 (08-21)

C O U N T Y O F S A N D I E G O

COMPLIANCE INSPECTION REPORT
Hazardous Materials and Hazardous Waste (continued)
INSPECTION DATE: 06/29/2023 PAGE 7 OF 13
RECORD ID #: DEH2011-HUPFP-214305
3030024 Failed to operate uncovered tank to ensure at least 2 ft. of freeboard to prevent overtopping, unless the tank is equipped with a containment structure, a drainage control system, or a diversion structure with a capacity that equals or exceeds the volume of the top 2 ft. of the tank. 22 CCR 66262.34(d)(2); 40 CFR 262.34(d)(3), 265.201(b)(c)
3030025 Failed to provide an overfill protection device on continuously fed hazardous waste tank(s). 22 CCR 66262.34(d)(2); 40 CFR 262.34(d)(3), 265.201(b)(4) 3030027 Failed to conduct daily tank inspection of discharge control system, monitoring equipment and waste level. 22 CCR 66262.34(d)(2); 40 CFR 265.201(c) (1-3), 262.34(d)(3)
3030028 Failed to conduct weekly hazardous waste tank inspection(s) to detect signs of leakage and ensure that the construction materials, fixtures and surrounding areas of the tank are in good condition. 22 CCR 66262.34(d)(2); 40 CFR 265.201(c)(4 & 5), 262.34(d)(3) 3050007 Failed to properly remove all waste upon closure, decontaminate, and document the closure of a hazardous waste tank system. 22 CCR 67383.3; 40 CFR 262.34(d)(3), 265.201(f)
HMD1612 Hazardous waste improperly stored in a tank system causing leaks, corrosion, or failure. 22 CCR 66262.34(d)(2); 40 CFR 262.34(d)(3), 265.201(b) HMD1614 Failed to pre-notify the CUPA in writing prior to closing a hazardous waste tank system. 22 CCR 67383.3(a)(1) HMD1615 Failed to properly accumulate ignitable or reactive waste in a tank system. 22 CCR 66262.34(d)(2); 40 CFR 262.34(d)(3), 265.201(g)

HAZARDOUS WASTE REQUIREMENTS FOR SQGS AND LQGS

RECORD KEEPING/OPERATIONAL REQUIREMENTS
# VIOLATION DESCRIPTION
HMD0131 Unified Program Facility Permit not obtained &/or maintained for the generation of hazardous waste. SDCC 68.904; 68.905; 68.907.1 HMD0150 Failed to submit complete and accurate Facility Information in CERS. 27 CCR 15188(b-c); SDCC 68.904(b) 3030053 Failed to maintain waste analysis records, analytical records &/or waste determination results for at least 3 years. 22 CCR 66262.40(c) 3010002 Failed to obtain &/or maintain an active EPA ID Number. 22 CCR 66262.12(a) 3010008 Failed to properly complete a uniform hazardous waste manifest. 22 CCR 66262.23(a) 3010009 Failed to submit an Exception Report to DTSC for hazardous waste manifest. HSC 25123.3(h)(2); 22 CCR 66262.42(b), (c), &/or (d) 3010010 Failed to maintain copies of Uniform Hazardous Waste Manifest, consolidated manifest, or Bills of Lading for 3 years. HSC 25160.2(b)(3), 25185(a)(4); 22 CCR 66262.40(a), 66262.23(a)(3)
3010011 Failed to send a copy of the uniform hazardous waste manifest that originated in paper form to DTSC within 30 days of shipment. 22 CCR 66262.23(a)(4); HSC 25160(b)(1)(c)
3010013 Failed to meet the consolidated manifesting requirements for waste shipment. HSC 25160.2(b)(3) &/or (c) 3010014 Failed to retain at the generator's place of business disposal records of spent lead-acid batteries for at least 3 years. 22 CCR 66266.81(a)(4)(A) &/or (B) 3030006 Failed to determine if a hazardous waste is restricted or prohibited from land disposal and has to be treated. 22 CCR 66268.7(a)(1) 3010016 Failure of recycler who recycles more than 100 kilograms per month of a recyclable material to submit the biennial Recyclable Materials Report (RMR) in CERS when claiming exclusion or exemption. HSC 25143.10(a), (c) &/or (d) HMD0149 Failed to keep disposal receipts for drained used oil filters and/or drained fuel filters for 3 years. HSC 25250.22; 22 CCR 66266.130(c)(5) HMD0152 Failed to report &/or update the required inventory information for hazardous waste(s) generated at the facility in CERS. SDCC 68.904(a)(2) HMD0140 Failed to have Land Disposal Restriction documentation onsite for 3 years. 22 CCR 66268.7(a)(8) 3250005 Failed to obtain a Treatment, Storage and Disposal Facility (TSDF) permit or authorization to store/treat/dispose of hazardous waste. HSC 25201(a) 3050005 Failed to properly manage a recyclable material. HSC 25143.2, 25143.9 HMD0142 Failed to notify the CUPA in CERS for onsite hazardous waste treatment/tiered permitting. HSC 25201(a) HMD0138 Manifest signed by the TSDF not available for inspection. 22 CCR 66262.40(a); HSC 25185(a)(4) 3010035 Failure to annually submit notification of generator's intent to remotely consolidate hazardous waste. HSC 25110.10(d) 3010037 Failure to notify the CUPA of aerosol can processing procedures prior to commencement of operations. HSC 25201.16(j)

DISPOSAL AND TRANSPORTATION
# VIOLATION DESCRIPTION
3010007 Failed to prepare a hazardous waste manifest for the transport of a waste for off-site transfer, treatment, storage, or disposal. HSC 25160(b)(1) or (2), 25160.2(b)(9); 22 CCR 66262.20(a)
3030005 Failed to make a proper waste determination. 22 CCR 66262.11, 66262.40(c) 3050001 Failed to use a DTSC registered hazardous waste transporter to transport hazardous waste. HSC 25163(a) 3050002 Failed to properly dispose of hazardous waste at an authorized facility. HSC 25189.5(a) HMD0308 Impermissible dilution of hazardous waste. 22 CCR 66268.3(a) HMD0305 Disposed of used oil illegally. HSC 25250.5(a), 25189.5(a) HMD0306 Failed to properly dispose of oil-based paint &/or hazardous waste latex paint liquid. HSC 25217.1, 25189.5(a)

STORAGE AND HANDLING
# VIOLATION DESCRIPTION
3030001 Failed to meet the management requirements when handling or storing spent lead-acid batteries. 22 CCR 66266.81(a) 3030003 Failed to properly manage 'damaged' spent lead acid batteries so as to minimize the release of acid and lead and to protect the handlers and the environment 22 CCR 66266.81(b)
3030012 (RCRA LQG) Failed to properly dispose of hazardous waste within 90 days. 22 CCR 66262.34(a), (c); HSC 6.5 25123.3(b)(1) 3030004 Failure to properly manage used oil filters and/or fuel filters in accordance with the requirements. HSC 25250.22; 22 CCR 66266.130 3050004 Failure to prevent intentional contamination of used oil with other hazardous waste other than minimal amounts of vehicle fuel. HSC 25250.7(a) HMD0222 Failed to properly label Excluded Recyclable Materials (ERM) accumulated in a container or tank. HSC 25143.9(a) HMD0216 Failed to label hazardous material container within 10 days after the container was discovered to be mislabeled or inadequately labeled. HSC 25124(b)(3) (A); 22 CCR 66262.34(f)
HMD0217 Failed to repackage and properly label damaged/deteriorated hazardous material container within 96 hours. HSC 25124(b)(3)(B); 22 CCR 66262.34(f) HMD0219 Failed to properly segregate used oil &/or fuel drained from filters. HSC 25250.22(b)(4); 22 CCR 66266.130(c)(6) HM-923 (08-21)

C O U N T Y O F S A N D I E G O

COMPLIANCE INSPECTION REPORT
Hazardous Materials and Hazardous Waste (continued)
INSPECTION DATE: 06/29/2023 PAGE 8 OF 13
RECORD ID #: DEH2011-HUPFP-214305
3030057 Failed to comply with hazardous waste satellite container regulation. 22 CCR 66262.34(e) 3030058 Failed to mark date on empty container larger than 5 gallons &/or properly manage it within one year. 22 CCR 66261.7 3030060 Failure of the owner or operator managing laboratory hazardous waste in a laboratory accumulation area to comply with the accumulation, storage, management, training, and/or record-keeping requirements. HSC 25200.3.1(b) and/or (c)

UNIVERSAL WASTE HANDLER REQUIREMENTS
# VIOLATION DESCRIPTION
3010004 Failed to obtain a California ID Number from DTSC or federal ID Number from USEPA prior to accumulating 5,000 kgs or more of Universal Waste. 22 CCR 66273.32(a-b)
HMD0151 Failed to maintain universal waste handler training records for 3 years. 22 CCR 66273.36(c),(d) 3020003 Failed to properly train handlers of universal waste in universal waste management and response procedures. 22 CCR 66273.36(a),(b) 3030008 Failed to properly label or mark Universal Waste container, package, or pallet (excluding CESQUWG) 22 CCR 66273.34 3030011 Failed to properly dispose of Universal Waste within one year. 22 CCR 66273.35(a) &/or (b) HMD0147 Failed to keep records of offsite Universal Waste shipment(s) available for inspection for 3 years. 22 CCR 66273.39(c),(d)(2) 3030051 Failed to meet accumulation, labeling, marking, &/or containment standards for Universal Waste aerosol containers. HSC 25201.16(f) 3040004 Failed to manage universal waste in a manner to prevent release(s) to the environment. 22 CCR 66273.33; 66273.33.5, 66273.33.6 HMD0307 Disposal of universal waste (UW) to an unauthorized point. HSC 25189.5(a); 22 CCR 66273.31(a), 66273.8(b) 3010005 Failure of a universal handler of PV modules, electronic devices, and/or CRTs from an offsite source to notify DTSC 30 days prior to acceptance. 22 CCR 66273.32(c), (e)
3010020 Failure of a universal waste handler to submit an annual report that includes all required information to DTSC by February 1 of every year. 22 CCR 66273.32(d), (f)
3010006 Failure of the universal waste handler who sends electronic devices or CRTs to any foreign destination to notify DTSC 60 days prior to export and send a copy to the CUPA. 22 CCR 66273.40(a)(2),(3)
3110030 Failed to notify the CUPA of aerosol processing procedures prior to commencement of operations. HSC 25201.16(j)

CERTIFIED APPLIANCE RECYCLER REQUIREMENTS
# VIOLATION DESCRIPTION
3010033 Failure to obtain Certified Appliance Recycler certification (CAR) from DTSC. HSC 25211.4 3010034 Failure of certified appliance recycler (CAR) to provide documentation that all materials that require special handling (MRSH) have been properly removed and managed. HSC 25211.2, 25211.3
3030055 Failure of certified appliance recycler (CAR) to properly remove and dispose of all materials that require special handling (MRSH). HSC 25212 HM-923 (08-21)

C O U N T Y O F S A N D I E G O

COMPLIANCE INSPECTION REPORT
Aboveground Petroleum Storage Act (APSA) Program
INSPECTION DATE: 06/29/2023 PAGE 9 OF 13
RECORD ID #: DEH2011-HUPFP-214305
Each violation checked below is for the section(s) of the California Health and Safety Code (HSC), California Code of Regulations (CCR), or San Diego County Code ("SDCC") indicated in italics. Incorporated provisions of Title 40 of the Code of Federal Regulations (CFR) are noted for reference. All violations must be corrected. Submit documentation of return to compliance to your Specialist. You may use a DEH Corrective Action Form (HM-926) or other correspondence to document your return to compliance. Please call (858) 505-6880 or your Specialist if you have any questions.

GENERAL APSA FACILITY REQUIREMENT
(CHAPTER 6.67 OF DIVISION 20 OF THE HSC & SDCC)
# VIOLATION DESCRIPTION
4010001 Failed to prepare a Spill Prevention, Control, and Countermeasures (SPCC) Plan. HSC 25270.4.5(a), 40 CFR 112.3, 112.6 4030038 Failed to implement the SPCC Plan. HSC 25270.4.5(a), 40 CFR 112.3, 112.6 4010032 Failed to submit a tank facility statement or update/certify Business Plan annually. HSC 25270.6(a)(1) or (a)(2) 4010033 Failed to pay the APSA program fee or obtain Unified Program Facility Permit. HSC 25270.6(b), SDCC 68.904; 68.905; 68.907.1 4040001 Failed to immediately, upon discovery, report a one-barrel (42 gallons) or greater release of petroleum to Cal OES and the CUPA . HSC 25270.8 4010037 Failed to meet conditions of APSA exemption for oil-filled electrical equipment including containment and visual inspection. HSC 25270.2(a)(4), 25270.4.5(a)
4030043 Failed to have secondary containment and leak detection if piping connected to tank in an underground area (TIUGA) cannot be directly viewed on all sides. (Refer to HSC 6.67 for direct viewing; DOES NOT apply to: 1. Piping connected to a tank that contains new oil/used oil for lubricant or coolant in a motor engine or transmission, or oil-filled operational/manufacturing equipment. 2. Piping connected to a tank used solely in connection with a fire pump or emergency system, legally required by standby system, or optional standby system. 3. Piping connected to a petroleum hazardous waste tank that complies with hazardous waste tank standards (22 CCR Ch. 15, Art. 10) and facility has been issued a unified program facility permit pursuant to HSC 25404.2 for generation, treatment, accumulation, or storage of hazardous waste.) (24CCR Title 9 Section 5703.6.2.2.) HSC 25270.4.5(a), HSC 25270.2(o)(1)(C)(iv)
4030044 Failure of an owner/operator of an excluded tank in an underground area (TIUGA) with less than 55-gallon capacity to have secondary containment, conduct monthly inspections, and/or maintain a log of inspections. HSC 6.67 25270.2(a)(8) HMD5104 Failed to submit, and keep up to date, the APSA program element in CERS. SDCC 68.904; 27 CCR 15188(a),(b),(c),&(f) REQUIREMENTS BASED ON 40 CFR 112.1-112.6
# VIOLATION DESCRIPTION
4010035 Failed to prepare an appropriate SPCC Plan within 6 months when the facility no longer meets the Tier I or Tier II qualified criteria. 40 CFR 112.6(a)(2), 112.6(b)(2); HSC 6.67 25270.4.5 (a)
4010047 (Qualified Facility only- Tier I or II) Failed to have management, or a Professional Engineer if applicable, certify the SPCC Plan and comply with the certification requirements. (40 CFR 112.6(a)(1), 112.6(b).) HSC 25270.4.5(a) 4010048 (Qualified Facility only- Tier I) Failed to certify the SPCC Plan according to 40 CFR 112.6(a)(1) if a technical change has been made to the facility design, construction, operation, or maintenance. (40 CFR 112.6(a)(2).) HSC 25270.4.5(a) 4010052 (Qualified Facility only- Tier II) Failed to have technical amendment(s) certified by management, or a Professional Engineer if applicable. (40 CFR 112.6(b) (2), 112.6(b)(2)(i).) HSC 25270.4.5(a)
4010054 (Qualified Facility only- Tier I) Failed to include in the SPCC Plan a prediction of direction and total quantity of oil potentially discharged from the facility as a result of each type of major equipment failure. (40 CFR 112.6(a)(3)(i).) HSC 25270.4.5(a) 4030041 (Qualified Facility only- Tier I) Failed to provide bulk storage containers/tanks with adequate sized secondary containment to contain the capacity of the largest container plus freeboard for precipitation; failed to position/locate mobile or portable containers to prevent a discharge. (40 CFR 112.6(a) (3)(ii).) HSC 25270.4.5(a)
4030042 (Qualified Facility only- Tier I) Failed to provide systems or follow procedures to prevent overfills as described in the SPCC Plan; failed to routinely test overfill equipment to ensure proper operation. (40 CFR 112.6(a)(3)(iii).) HSC 25270.4.5(a) 4010003 Failed to have a Professional Engineer certify and review the SPCC Plan. (40 CFR 112.3(d).) HSC 25270.4.5(a) 4010008 Failed to maintain a complete copy of the SPCC Plan at the facility if the facility is normally attended at least four hours per day, or at the nearest field office if the facility is not so attended. (40 CFR 112.3(e)(1).) HSC 25270.4.5(a) 4010010 Failed to make SPCC Plan technical amendment(s) within six months when the facility has had a change in design, construction, operation, or maintenance which affects the facility's discharge potential; failed to implement within six months following preparation of the amendment. (40 CFR 112.5(a), 112.5(b).) HSC 25270.4.5(a)
4010009 Failed to perform and properly document a five-year review of the SPCC Plan. (40 CFR 112.5(b).) HSC 25270.4.5(a) 4010039 Failed to have technical amendments certified by a licensed Professional Engineer. (40 CFR 112.5(c).) HSC 25270.4.5(a)

GENERAL SPCC REQUIREMENTS
BASED UPON 40 CFR 112.7
# VIOLATION DESCRIPTION
4010012 Failed to prepare a written SPCC Plan in accordance with good engineering practices and any applicable more stringent State rules, regulations, and guidelines; failed to prepare a SPCC Plan that follows the sequence of rule or provides a cross-reference; failed to prepare a SPCC Plan that addresses additional procedures/methods/equipment not fully operational; failed to obtain facility management approval for implementation of the SPCC Plan . (40 CFR 112.7 and 112.7(a)(1).) HSC 25270.4.5(a) 4010014 Failed to include alternative environmental protection to SPCC requirements within SPCC Plan. (40 CFR 112.7(a)(2).) HSC 25270.4.5(a) 4010015 Failed to include in the SPCC Plan an adequate facility diagram, or no facility diagram included. The facility diagram is not required for a Tier I Qualified Facility. (40 CFR 112.7(a)(3).) HSC 25270.4.5(a)
4010016 Failed to adequately describe in the SPCC Plan the physical layout of facility, types of oil and storage capacities, tanks, containers, equipment, mobile refuelers, portable containers, transfer operations, and other required information. (40 CFR 112.7(a)(3), 112.7(a)(3)(i-vi).) HSC 25270.4.5(a) 4010017 Plan does not contain procedures for reporting a discharge, and/or a contact list and phone numbers for the facility response coordinator, National Response Center, cleanup contractors with an agreement for response, and all appropriate Federal, State, and local agencies. (40 CFR 112.7(a)(4).) HSC 25270.4.5(a)
4010018 Discharge response procedures are not adequately organized to be readily accessible in an emergency. (40 CFR 112.7(a)(5).) HSC 25270.4.5(a) 4010019 Failed to include in the SPCC Plan a prediction of the direction, rate of flow, and total quantity of oil that could be discharged for each type of major equipment failure where experience indicates a reasonable potential for equipment failure. (40 CFR 112.7(b).) HSC 25270.4.5(a) 4010020 (General Containment) Failed to provide, or include in the SPCC Plan, the appropriate containment, diversionary structures, or equipment to prevent a discharge that will not escape containment before cleanup occurs, including typical failure mode and most likely quantity of discharge. (40 CFR 112.7(c).) HSC 25270.4.5(a)
4010004 Failed to clearly explain why appropriate containment/diversionary structures are not practicable and/or SPCC Plan claiming impracticability is not certified by a licensed Professional Engineer. (40 CFR 112.7(d).) HSC 25270.4.5(a) HM-950 APSA (08-21)

C O U N T Y O F S A N D I E G O

COMPLIANCE INSPECTION REPORT
APSA Program (continued)
INSPECTION DATE: 06/29/2023 PAGE 10 OF 13
RECORD ID #: DEH2011-HUPFP-214305
4010005 Failed to prepare an Oil Spill Contingency Plan following the provisions of 40 CFR Part 109 for impracticability claim. (40 CFR 112.7(d)(1).) HSC 25270.4.5(a)
4010006 Failed to provide a written commitment of manpower, equipment, materials when claiming impracticability. (40 CFR 112.7(d)(2).) HSC 25270.4.5(a) 4010021 Failed to have record of inspections and integrity tests signed by the appropriate supervisor or inspector, keep written procedures and records of inspections and integrity tests for at least three years, and/or keep comparison records for bulk storage containers subject to 40 CFR 112.8(c)(6). (40 CFR 112.7(e), 112.8(c)(6).) HSC 25270.4.5(a)
4020002 Failure to conduct spill prevention briefing for oil-handling personnel at least once a year to assure adequate understanding of the SPCC Plan, including:

1. Known discharges or failures, 2. Malfunctioning components, 3. Any recently developed precautionary measures. 40 CFR 1 112.7(f)(3); HSC 6.67 25270.4.5(a)
4020001 Failed to train oil-handling personnel on: operation/maintenance of equipment to prevent discharges; discharge procedure protocols; applicable laws, rules, and regulations; general facility operations; and the contents of the SPCC Plan. (40 CFR 112.7(f)(1).) HSC 25270.4.5(a) 4010022 Failed to designate person accountable for discharge prevention who reports to facility management. (40 CFR 112.7(f)(2).) HSC 25270.4.5(a) 4010023 Failure to include in the SPCC Plan an adequate description of employee training. 40 CFR 1 112.7(f)(1), 40 CR 1 112.7(f)(3), HSC 6.67 25270.4.5(a) 4030001 Failed to address security and access control of the oil handling, processing, and storage areas to both prevent acts of vandalism and assist in discovery of discharges. (40 CFR 112.7(g).) HSC 25270.4.5(a)
4030002 (For loading/unloading racks) Failure of the secondary containment, and/or rack drainage to flow to a catchment basin, treatment system, or quick drainage system, and hold at least the maximum capacity of the largest single compartment of any tank car or tank truck. (40 CFR 112.7(h)(1).) HSC 25270.4.5(a)
4030003 (For loading/unloading racks) Failed to provide an interlocked warning light or physical barriers, warning signs, wheel chocks, or vehicle brake interlock system in the area adjacent to the loading/unloading rack to prevent vehicles from departing before complete disconnection of transfer lines. (40 CFR 112.7(h)(2).) HSC 25270.4.5(a)
4030016 Failed to evaluate field-constructed storage tank for brittle fracture or other catastrophe and take appropriate action. (40 CFR 112.7(i).) HSC 25270.4.5(a 4010013 Failure to discuss in the SPCC Plan conformance with SPCC requirements and other effective discharge prevention and containment procedures or any more stringent State rules, regulations and guidelines. (HSC 6.67 25270.4.5(a); 40 CFR 112.7(a)(1), 112.7(j)) 4030034 (For oil-filled operational equipment) Failed to provide general secondary containment or fulfill alternative requirements to general secondary containment. (40 CFR 112.7(k).) HSC 25270.4.5.(a)
SPCC REQUIREMENTS BASED UPON 40 CFR 112.8 & 112.20
REFER TO APSA (HSC CHAPTER 6.67) FOR DEFINITION OF "STORAGE TANK" # VIOLATION DESCRIPTION
4010027 Failed to restrain drainage from diked storage areas by valve(s) or manually activated pump/ejector to prevent discharge. (40 CFR 112.8(b)(1).) HSC 25270.4.5(a)
4030005 Failed to use valves of manual, open-and-closed design, for drainage of diked areas. (40 CFR 112.8(b)(2).) HSC 25270.4.5(a) 4030008 Facility drainage system from undiked areas not designed/equipped to retain oil or return oil to facility and/or failed to ensure catchment basin is not in an area subject to flooding. (40 CFR 112.8(b)(3), 112.8(b)(4).) HSC 25270.4.5(a) 4030009 Failed to provide at least two lift pumps and permanently install at least one pump where drainage waters are treated in more than one treatment unit and such treatment is continuous, and pump transfer is needed. (40 CFR 112.8(b)(5).) HSC 25270.4.5(a) 4030012 Storage tanks not compatible with materials stored or conditions of storage. (40 CFR 112.8(c)(1).) HSC 25270.4.5(a) 4030010 (Sized Containment) Secondary containment not sized to contain the entire capacity of the largest single storage tank plus freeboard for precipitation. (40 CFR 112.8(c)(2).) HSC 25270.4.5(a)
4030013 Failure to ensure diked areas are sufficiently impervious to contain discharged oil. (40 CFR 112.8(c)(2).) HSC 25270.4.5(a) 4030006 Failed to ensure all of the following before allowing drainage of uncontaminated rainwater from diked area: keep bypass valve normally sealed closed, inspect the retained rainwater, and open then reseal bypass valves under responsible supervision. (40 CFR 112.8(c)(3).) HSC 25270.4.5(a) 4010026 Failed to maintain adequate records (or NPDES permit records) of drainage from diked areas. (40 CFR 112.8(c)(3)(iv).) HSC 25270.4.5(a) 4030017 Failed to provide corrosion protection for partially buried storage tanks. (40 CFR 112.8(c)(5).) HSC 25270.4.5(a) 4030015 Failed to test or inspect each aboveground tank or container for integrity on a regular schedule and after material repairs. (40 CFR 112.7(e), 112.8(c)(6).) HSC 25270.4.5(a)
4030014 Failed to ensure tanks are inspected and tested by an appropriately qualified person in accordance with industry standards. (40 CFR 112.7(e), 112.8(c) (6).) HSC 25270.4.5(a)
4010028 Failed to include in the SPCC Plan procedures to test or inspect each aboveground container for integrity in accordance with industry standards on a regular schedule, after material repairs are made, by qualified personnel; failed to include the frequency and type of testing and inspections based on container size, configuration, and design. (40 CFR 112.8(c)(6).) HSC 25270.4.5(a) 4030018 Failure of steam return/exhaust of internal heating coils, which discharge into an open water course, to be monitored, passed through a settling tank, skimmer, or other separation system. (40 CFR 112.8(c)(7).) HSC25270.4.5(a) 4030019 Failed to engineer or update each container/tank installation in accordance with good engineering practice to avoid discharges and/or failed to provide at least one of the following overfill prevention devices: audible/visual high liquid level alarm, high liquid level pump cutoff devices, audible or code signal communications between tank gauge and pumping station, or fast response system for determining liquid levels, such as computers, telepulse or direct vision gauges. (40 CFR 112.8(c)(8)(i-iv).) HSC 25270.4.5(a) 4030022 Failed to regularly test liquid level sensing devices to ensure proper operation. (40 CFR 112.8(c)(8)(v).) HSC 25270.4.5(a) 4030023 Failed to observe effluent treatment facilities frequently enough to detect any potential for discharges as described in 40 CFR 112.1(b). (40 CFR 112.8(c) (9).) HSC 25270.4.5(a)
4030021 Failed to promptly correct visible discharges and/or remove any accumulations of oil in diked areas. (40 CFR 112.8(c)(10).) HSC 25270.4.5(a) 4030020 (For mobile or portable storage tanks EXCEPT mobile refuelers) Failed to position or locate mobile or portable storage container, and/or failure to provide secondary containment with sufficient capacity to contain the largest single mobile or portable container/compartment and sufficient freeboard for precipitation. (40 CFR 112.8(c)(11).) HSC 25270.4.5(a) 4030025 Failed to inspect buried piping when exposed for any reason; failed to do additional examination or take corrective action if corrosion damage is identified. (40 CFR 112.8(d)(1).) HSC 25270.4.5(a)
4030027 Failed to provide corrosion protection for buried piping. (40 CFR 112.8(d)(1).) HSC 25270.4.5(a) 4030028 Failed to cap/blank-flange piping connection at transfer point and mark its origin if not in service. (40 CFR 112.8(d)(2).) HSC 25270.4.5(a) 4030029 Failed to design pipe supports to minimize abrasion/corrosion and to allow for expansion/contraction. (40 CFR 112.8(d)(3).) HSC 25270.4.5(a) 4030026 Failed to regularly inspect aboveground valves, piping, and appurtenances. (40 CFR 112.8(d)(4).) HSC 25270.4.5(a) 4030030 Failed to conduct integrity and leak test on buried piping at installation, modification, construction, relocation or replacement. (40 CFR 112.8(d)(4).) HSC 25270.4.5(a)
4030031 Failed to adequately warn vehicles entering facility to protect piping and other transfer operations. (40 CFR 112.8(d)(5).) HSC 25270.4.5(a) HM-950 APSA (08-21)

C O U N T Y O F S A N D I E G O

COMPLIANCE INSPECTION REPORT
APSA Program (continued)
INSPECTION DATE: 06/29/2023 PAGE 11 OF 13
RECORD ID #: DEH2011-HUPFP-214305
4010044 Failed to complete and maintain at the facility the Substantial Harm Criteria certification form when owner or operator determines that the facility could not be reasonably expected to cause substantial harm to the environment. (40 CFR 112.20(e).) HSC 25270.4.5(a) 4010029 Failed to adequately discuss in the SPCC Plan all applicable bulk storage containers, including compatibility with material stored and conditions of storage, and description of sized secondary containment capable of containing the largest single container and sufficient freeboard to contain precipitation. 40 CFR 1 112.8(c )(1) & (2); HSC 6.67 25270.4.5 (a) HM-950 APSA (08-21)

C O U N T Y O F S A N D I E G O

COMPLIANCE INSPECTION REPORT
California Accidental Release Prevention (CalARP)
Program 1
INSPECTION DATE: 06/29/2023 PAGE 12 OF 13
RECORD ID #: DEH2011-HUPFP-214305
VIOLATION REPORT: Each violation checked below is for the section(s) of the California Health and Safety Code (HSC), California Code of Regulations (CCR), or the San Diego County Code (SDCC) indicated in italics. Incorporated provisions of Title 40 of the Code of Federal Regulations (CFR) and Title 42 of the United States Code (USC) are noted for reference. All violations must be corrected. Submit documentation of return to compliance to your Specialist. You may use the Corrective Action Form (HM-926) to document your return to compliance. Please call (858) 505-6880 or your Specialist if you have any questions. Administering Agency (AA); process hazard analysis (PHA); process safety information (PSI); emergency response (ER); regulated substance (RS); stationary source (SS); threshold quantity (TQ)

GENERAL APPLICABILITY & COORDINATION
# VIOLATION DESCRIPTION
5010001 Failure to comply with CalARP provisions when having a regulated substance in a process listed in Table 1/2. 19 CCR 4.5 2735.4(a)(1) 5010002 Failure to comply with the appropriate provisions of 19 CCR 4.5 prior to the date in which a regulated substance is first present in a process above the listed threshold quantity, as listed in Table 3 of Section 2770.5. 19 CCR 4.5 2735.4(a)(2) 5010003 Failure to comply with CalARP provisions when having a regulated substance in a process listed in Table 1/2 and 3. 19 CCR 4.5 2735.4(a)(3) 5010004 Failure to closely coordinate with the CUPA to implement the CalARP requirements. 19 CCR 4.5 2735.5(a) 5030005 Failure to identify hazards that may result from releases, design and maintain a safe facility or minimize the consequences of an accidental release. HSC 25531.2(b)
5010006 Failure to ensure response actions are coordinated with local emergency planning and response agencies. 19 CCR 4.5 2735.5(d)(3) 5010120 Failure to coordinate with CUPA to ensure appropriate technical standards are applied to implement CalARP. 19 CCR 4.5 2785.1(a) 5010121 Failure to request assistance from the CUPA when necessary to address compliance/safety issues with CalARP. 19 CCR 4.5 2785.1(b)

RMP COMPONENTS AND SUBMISSION

RMP SUBMISSION
# VIOLATION DESCRIPTION
5010005 Failure to submit an RMP which includes all requirements in Section 2745.3 to 2745.5 and 2745.8 to 2745.9. 19 CCR 4.5 2735.5(b)(1), 2735.5(d), 2745.1(a)
5010016 Failure to submit the RMP information required by the USEPA to the USEPA. 19 CCR 4.5 2745.1(b)(1), 2745.1(b)(2) 5010017 Failure to submit the RMP information required by the USEPA to the CUPA. 19 CCR 4.5 2745.1(c) 5010018 Failure of a stationary source to submit a Risk Management Plan to the CUPA. HSC 6.95 25536(b) 5010019 Failure to submit an RMP to the CUPA prior to the date a RS is in a process above the TQ. 19 CCR 4.5 2745.1(d) 5010020 Failure to exclude classified information from the RMP. 19 CCR 4.5 2745.1(h)

RMP CERTIFICATION
# VIOLATION DESCRIPTION
5010021 Failure to ensure that the RMP is certified complete by a QUALIFIED PERSON and the stationary source owner or operator. 19 CCR 4.5 2745.2(a) 5010023 Failure to submit in the RMP the certification statement provided in Section 2735.5(d)(4).

RMP UPDATES
# VIOLATION DESCRIPTION
5010025 Failure to revise, update, and submit the RMP to the USEPA and CUPA per timelines in Section 2745.10(a). 19 CCR 4.5 2745.10(a) 5010026 Failure to revise, update, and submit the RMP to the CUPA per timelines in Section 2745.10(b). 5010027 Failure to submit a de-registration to the USEPA and CUPA within six months of the regulated substance removal. 19 CCR 4.5 2745.10(c) 5010028 Failure to submit a de-registration to the CUPA within six months of the regulated substance removal. 19 CCR 4.5 2745.10(d) 5010029 Failure to contact the CUPA within 30 days of a change of owner or operator to update the registration. 19 CCR 4.5 2745.10(f)

RMP CORRECTIONS
# VIOLATION DESCRIPTION
5010030 Failure to correct and submit the data required in the RMP under sections 2745.5, 2745.6(j), and 2745.7(1) (New Accident History). 19 CCR 4.5 2745.10.5(a)
5010031 Failure to correct and submit the EMERGENCY CONTACT information in the RMP within one month of any change. 19 CCR 4.5 2745.10.5(b)

COVERED PROCESS MODIFICATION
# VIOLATION DESCRIPTION
5010032 Failure to notify the CUPA in writing of the intent to modify the stationary source at least five calendar days before implementing any modifications or no later than 48 hours following the modification if prenotification is not reasonable. 19 CCR 4.5 2745.11(a)(1) 5010033 Failure to establish procedures to manage the proposed modification, which shall be substantially similar to the procedures specified in Sections 2760.6 and 2760.7, and notify the CUPA that the procedures have been established. 19 CCR 4.5 2745.11(a)(2) 5010262 Failure to revise documents as required pursuant to section 2745.11(a) at a modified stationary source. 19 CCR 4.5 2645.11(b)

CERTIFICATE OF OCCUPANCY
# VIOLATION DESCRIPTION
5010034 Failure to comply with Government Code Section 65850.2(b) prior to issuance of a certificate of occupancy. 19 CCR 4.5 2745.12

RMP REVIEW
# VIOLATION DESCRIPTION
5010022 Failure to correct deficiencies within 60 calendar days from receipt of the notification of RMP deficiencies. 19 CCR 4.5 2745.2(b)(1)

REGISTRATION
# VIOLATION DESCRIPTION
5010008 Failure to include a registration in the RMP that reflects all covered processes. 19 CCR 4.5 2735.5(b)(2) 5010012 Failure to complete the registration information and submit it with the RMP to the USEPA and the CUPA. 19 CCR 4.5 2740.1(a) 5010013 Failure to complete the REGISTRATION information and submit it with the RMP to the CUPA.

HM-972 CalARP (08-21)

C O U N T Y O F S A N D I E G O

COMPLIANCE INSPECTION REPORT
CalARP Program 1 (continued)
INSPECTION DATE: 06/29/2023 PAGE 13 OF 13
RECORD ID #: DEH2011-HUPFP-214305
5010014 Failure to submit a registration with a certification of accuracy to the CUPA prior to submittal of the RMP. 19 CCR 4.5 2740.1(c) 5010015 Failure to include the data required in Section 2740.1(d)(1) through (d)(20) in the registration. 19 CCR 4.5 2740.1(d)

HAZARD ASSESSMENT
# VIOLATION DESCRIPTION
5010035 Failure to prepare a worst-case release scenario analysis as provided in Section 2750.3. 19 CCR 4.5 2750.1 5010036 Failure to complete the five-year accident history as provided in Section 2750.9. 19 CCR 4.5 2750.1

RECORDKEEPING
# VIOLATION DESCRIPTION
5010119 Failure to maintain records supporting the implementation of CalARP for five years unless otherwise provided. 19 CCR 4.5 2775.1 HM-972 CalARP (08-21)
From: Susana Miramontes
To: Maschue, Manon; Ty Cheesbrough
Cc: Stephen Cobbe
Subject: [External] RE: CVEC
Date: Thursday, July 13, 2023 2:17:00 PM
Afternoon Manon,

My apologies for the delay but now that Ty is back at work, we were able to discuss question #1 in more detail and get all your questions answered.

1. What are the ammonia sensor set points again at CVEC? I recall 25 and 35, but somehow my mind is telling me the high-high is 75 ppm! Your recollection makes sense because in 2016 CUPA inspection you made a recommendation to change the ammonia set points to 25 and 50 from 25 and 75 and the software change was done in July of 2016.

Ty wanted to verify
that the set points were 25 and 50 but instead it showed 25 and 75. The tech’s and Stephen have been discussing and their findings are that on 6/17/23 Chula Vista’s lost the whole PLC Program that caused the set points to revert to the original set points of 25 and 75. We have requested support from the controls team to reinstate the set points back to 25 and 50.

2. How many total ammonia sensors again? We have a total of 8 ammonia sensors.

3. Are there local alarms for the sensors or do they just ring at control room(s)? Sensors have local digital readouts & audio/visual alarms display on the HMI’s.

4. Does Wellhead Services have a program to document releases as well as “near miss” incidents? Yes, we have monthly Safety Meetings that we discuss any type of issues, incidents and “near misses” that occurred. Also, in our morning debriefing we discuss any Safety or incidents related issues from the day before.

Please let me know if you have any questions.

Sincerely,

Susana Miramontes
Administrative and EHS Specialist
San Diego Wellhead Services, Inc.
220 N. Johnson Ave.

El Cajon, Ca 92020
619-579-9002 Office
619-456-5332 Cell
[email protected]

From: Maschue, Manon <[email protected]>
Sent: Friday, July 7, 2023 1:53 PM
To: Susana Miramontes <[email protected]>; Ty Cheesbrough <[email protected]>
Subject:

RE: CVEC

Hi Susie

Here’s the report for signature.

I don’t need the data for the report, but can I please get the data when Ty feels better?

Thanks!

Best Regards,

Manon Maschue, REHS | Cell/Direct 858.518.7390
County of San Diego | Hazardous Materials Division

Help us make sure our customers have a positive experience. Please take 60 seconds to provide us with your feedback.

From: Maschue, Manon
Sent: Thursday, July 6, 2023 4:46 PM
To: Susana Miramontes <[email protected]
>; Ty Cheesbrough
<[email protected]>
Subject: CVEC

Hi Guys
A couple more questions:

1. What are the ammonia sensor set points again at CVEC? I recall 25 and 35, but somehow my mind is telling me the high-high is 75 ppm!

2. How many total ammonia sensors again?

3. Are there local alarms for the sensors or do they just ring at control room(s)?

4. Does Wellhead Services have a program to document releases as well as “near miss” incidents?

Sincerely,

Manon Maschue, REHS | County of San Diego | Department of Environmental Health and Quality | Hazardous Materials Division
5500 Overland Avenue, Suite 170 | San Diego, CA 92123 | Direct: 858.518.7390 | [email protected]

Help us make sure our customers have a positive experience. Please take 60 seconds to provide us with your feedback.

APPENDIX D

HISTORICAL RESOURCES

Site
N
1953
Site
N
1963
Site
N
1974
Site
N
1980
Site
N
1990
Site
N
2002
Site
N
Site
N
Site
N
Site
N
Site
N

APPENDIX E

PHOTOGRAPHS

Photograph Log

3497 Main Street
Chula Vista, California

1. Site entrance along the western boundary.

2. Northern portion of the Site. View is from the
southeast.

3. View of the Site from the northwest.

4. View of the Site from the northeast.

5. Plant interior (office/control area).

6. Plant interior.

Photograph Log

3497 Main Street
Chula Vista, California

7. Typical drum.

8. Typical subsurface features.

9. Electrical substation.

10. Plant building.

11. Electrical substation and empty water tank.

12. Southern Site boundary.

Photograph Log

3497 Main Street
Chula Vista, California

13. Southeast corner of the Site.

14. Ammonia storage tank.

15. Plant building.

16. Typical drum.

17. Typical transformer.

18. Plant interior.

19. Compressed gas cylinders.

20. Plant interior.

21. South adjacent.

22. East adjacent.

23. North adjacent.

24. West adjacent.

Photograph Log 3497 Main Street
Chula Vista, California

APPENDIX F

INTERVIEW QUESTIONNAIRE

Due Diligence Environmental Questionnaire
Site Name – 3497 Main Street, Chula Vista, California
Return to [email protected]
Compl
eted by:___________________________________
Company or Organization:__________________________
Title____________________________________________
Date:___________________________________________

1.) Who is the current owner of the subject property and when was it purchased? 3489 Main Street Holdings, LLC, Annette C. Crawford, Manager/Owner.

2.) Who are the past owners of the property and years of ownership (if available)? John and Carole Marquez.

3.) What was the past use of the subject property? Salvage yard prior to the power generation facility.

4.) Are you aware of any environmental cleanup liens that are filed or recorded against the subject property? No
DocuSign Envelope ID: 75AF329F-8E54-4ACF-8756-D92822E8942B 3/25/2024
Project Manager
Wellhead Services

5.) Are you aware of any activity and land use limitations that are in place on the property that have been filed or recorded in a registry? No

6.) Are you aware of any specialized knowledge or experience related to the property or nearby properties that is pertinent to potential adverse environmental conditions? No

7.) Did the purchase price paid for the property reasonably reflect the fair market rate for this type of property at the time? Not aware because we are not the owner of the property.

8.) If there was a significant difference between the proposed purchase price and f air market value at the time, did you consider whether the purchase price was due to known or suspect contamination at the property? N/A

9.) Are you aware of commonly known or reasonably obtainable information that would help us to identify conditions indicative of releases or threatened releases of hazardous wastes/materials at the property? Such information includes knowledge of specific chemicals that are present or were once present on the property, spills or other chemicals releases that may have occ urred, underground or aboveground
storage tanks and environmental cleanups that have been conducted on the property.

Phase I Environmental Site Assessment, prepared by Advantage Environmental Consultants, LLC, dated March 13, 2009.

DocuSign Envelope ID: 75AF329F-8E54-4ACF-8756-D92822E8942B

10.) Based on your knowledge and experience related to the property, are there any obvious indicators that point to the presence or likely presence of contamination at the property? No
DocuSign Envelope ID: 75AF329F-8E54-4ACF-8756-D92822E8942B

APPENDIX G

QUALIFICATIONS
Resume of Dan Weis, R.E.H.S.

Page 1 of 2 ends

Professional Summary
Environmental Manager and California Registered Environmental Health Specialist with extensive expertise in environmental science and assessment, environmental and public health, risk assessment, health and safety, remedial design and implementation, strategic planning and project/program design and implementation. Over 20 years of professional experience and achievement.

Successful completion of projects for a wide range of clientele including, but not limited to, local government entities, developers (affordable housing and market rate), educational institutions, Federal government entiti es, law firms, architectural and engineering firms, lending institutions, life insurance companies, conservancies, commercial/industrial real estate owners/managers, insurance companies, wireless telecommunication carriers and real estate developers. Exten sive experienced in the completion of assessment, construction and remediation quality assurance during the completion of urban redevelopment/brownfields projects and public works projects, many of which have been located in downtown areas of San Diego, Los Angeles, Oakland, San Francisco, and other urban communities throughout the State of California. Proven ability to train and mentor professional, technical and support staff. Manages a comprehensive health and safety program. Holds a Master of Science in Public Health with an emphasis in environmental health science, risk assessment, health and safety, toxicology and environmental policy. Registered Environmental Health Specialist #8172 in the State of California.

Education and Professional Certification
● University of Delaware, Bachelor of Arts, 1995
● San Diego State University, Master of Science, Public/Environmental Health, 2001 ● State of California Registered Environmental Health Specialist #8172 ● Centers for Disease Control and Prevention National Center for Environmental Health Division of Emergency and Environmental Health Services - Environmental Health Training in Emergency Response ● Occupational Safety and Health Administration (OSHA) 40 Hour Hazardous Waste Operations and Emergency Response Standard (HAZWOPER) Training and Annual 8 Hour HAZWOPER Refresher Training ● OSHA 8 Hour HAZWOPER Supervisor Training
Relevant Skills and Qualifications
● Proven ability to manage staff and programs/projects in challenging and diverse environ ments and regulatory settings.

Consistently meets project schedules, goals, deadlines and budgetary restrictions. ● Completed or managed over 3,000 due diligence related environmental assessments and completed or managed over 500 subsurface environmental investigations of soil gas, soil, groundwater and other media. Investigations have included human health and ecological risk assessments, evaluations of indoor air conditions based on interpretations of subsurface conditions, underground storage tank (UST) evaluation/closure and hazardous waste characterization/management.

Subsurface activities performed include the completion of soil borings using va rious drilling technologies, soil and groundwater sampling, installation and sampling of groundwater monitoring wells, free product evaluations, exploratory trenching and real-time delineation using mobile analytical laboratories and other soil screening technology. ● Managed over 100 remediation or construction management related projects primarily related to source removal of subsurface contaminants, including but not limited to, petroleum hydrocarbons, chlorinated solvents, heavy metals, organochlorine pesticides and other agricultural related chemicals, dioxins and furans and polychlorinated biphenyls. Has also assisted in cost recovery efforts from private parties and State/Federal funding programs for environmental assessment and remediation work and has served as an expert witness during legal proceedings pertaining to environmental related claims.
● Strong collaboration and negotiation skills with environmental regulatory agencies regarding project planning, initiation, status, approvals and implementation. Direct experience in interfacing with members of regulatory agencies including but not limited to the United States Environmental Protection Agency (EPA), California EPA Department of Toxic Substances Dan Weis, R.E.H.S.

ENVIRONMENTAL MANAGER
1938 Kellogg Avenue, Suite 116, Carlsbad, CA 92008
 (760) 585-7070 // (760) 672-6338 //  [email protected] //  www.weisenviro.com

Resume of Dan Weis, R.E.H.S.

Page 2 of 2 ends

Control and Office of Environmental Health Hazard A ssessment, County of San Diego Departments of Environmental Health (DEH), Public Works and Planning and Land Use, San Diego Air Pollution Control District, South Coast Air Quality Management District, Riverside County DEH, San Francisco City and County Department of Public Health (DPH), Arizona Department of Environmental Quality, County of Los Angeles County DPH and other local Certified Unified Program Agencies. Develop, manage and implement compliance and best practices efforts with Federal and State la ws and regulations.
● Conducted and/or managed hundreds of public/environmental health related assessments including electromagnetic field surveys, radionuclide surveys, indoor air quality investigations, radon surveys, drinking water assessments, asbestos containing materials and lead-based paint surveys and mold/microbial evaluations. ● Recovered over $10,000,000 of assessment and cleanup costs for clientele from various sources including State of California Cleanup Funds, United States Environmental Protection Agency Brownfield grants and private parties including major oil companies.
● Responsible for facilitating a safe and healthy work environment in concert with the mission of the company while ensuring compliance with applicable Federal, State, and local regulations. ● Published technical papers pertaining to geogenic concentrations of metals in San Diego County, radioactive dating and pollutant chronologies in estuarine sediments and various urban runoff related implications. ● Delivered presentations pertaining to various environmental topics including human health risk assessment to membership at local and national trade conferences
Project Experience (Projects Completed at Multiple Firms) ● 14th and Island, San Diego, California – Development of Site Mitigation Plan, contaminated soil management and disposal concurrent with site construction activities at the superblock construction site in downtown San Diego and achievement of regulatory closure with the County of San Diego Department of Environmental Health. ● 2198 Market Street, San Francisco, California – Phase I and II Environmental Site Assessments, supplemental subsurface investigation, Site Mitigation Plan development, contaminated soil management and disposal concurrent with site construction activities and negotiation/achievement of regulatory closure with the City of San Francisco Department of Public Health.
● Former EZ Serve, 9305 Mission Gorge Road, Santee, California – Closure report preparation and San Diego Regional Water Quality Control Board interface and negotiation/achievement of regulatory closure under State of California low - threat policy.
● French Field – Former Vista Burn Dump, Oceanside, California – Oversight of the capping of a former burn dump/landfill facility and restoration for public use as a sports facility. Negotiation and achievement of regulatory closure with the California Department of Toxic Substances Control with concurrence from the San Diego Regional Water Quality Control Board and the County of San Diego Local Enforcement Agency. ● Indoor Skydiving Facility, 1401 Imperial Avenue, San Diego, California – Development of Soil Management Plan and contaminated soil management and disposal concurrent with site construction activities in downtown San Diego. ● Lemon Grove Avenue Realignment Project, Lemon Grove, California – Development of Impacted Soil Management Plan, Community Health and Safety Plan and Worker Health and Safety Plan and oversight of the implementation of such plans during construction activities.
● North Side Interior Ro ad and Utilities Project at San Diego International Airport, San Diego, California - Subsurface assessment, development of Soil Management Plan and Work Health and Safety Plan and implementation and monitoring of soil management strategies.
● Olympic and Hill, Los Angeles, California – Removal of multiple underground storage tanks and underlying contaminated soil and achievement of regulatory closure with the City of Los Angeles Fire Department. ● San Ysidro - U.S. Land Port of Entry, San Diego, California – Subsurface assessment and development and implementation of soil management strategies.
● VA Medical Center Long Beach, 5901 East 7th Street, Long Beach, California - VA Long Beach: Seismic Corrections – Mental Health, Community Living Center and Chiller Repla cements Project – Asbestos containing materials and lead - based paint surveys and preparation of abatement contractor bid specifications.

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