1 LEASE AGREEMENT
BATTING CAGE, BALL FIELDS AND CONCESSIONS BUILDING AT LAKESHORE PARK
This Lease, made and entered into this day of ____________________, by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California (“CITY”), hereinafter “City” and SAN MATEO NATIONAL LITTLE LEAGUE, a California non-profit corporation, hereinafter “League.”
RECITALS
WHEREAS, City owns certain real property developed as a part of Lakeshore Park, located within the City of San Mateo, San Mateo County, outlined in Exhibit A and incorporated herein by reference ("PREMISES"); and
WHEREAS, the City and League agree that it is reasonable and desirable for the League, an established and recognized community organization, to maintain and operate certain recreational facilities located on the Premises ("BATTING CAGE," “BALL FIELDS) and ("CONCESSION BUILDING") as further described herein; and
WHEREAS, under this Lease, City intends to grant the Premises lease to League for the purposes of maintaining and operating the Batting Cage and Building and using Ball Fields.
NOW, THEREFORE, in consideration of the League's maintenance of the Batting Cage, Concession Building, and Ball Fields promises set forth above, the City authorizes League to use those facilities, and the parties agree as follows:
1. PURPOSE: The purpose of this Lease is to:
a. Allow League to maintain the Batting Cage as a baseball practice recreational facility for City and community group use.
b. Allow League to use the Batting Cage (Batting Cage), Concession Building (Building), and Ball Fields (Ball Fields) located within Lakeshore Park, at 1500 Marina Ct. as shown in Exhibit A.
2. TERM: The term of this Lease shall commence February 1, 2026, and conclude on December 31, 2031.
3. USE OF BATTING CAGE: It is understood that the Batting Cage is City property; however, the City grants League use of the Batting Cage and authorizes League or its approved user to conduct batting practice in the Batting Cage. League will ensure that sufficient netting is provided inside the cage to reduce the noise of balls hitting the fencing.
League agrees to make Batting Cage available to other City of San Mateo resident youth sports organizations upon request by those organizations. To clarify, when a youth sports group (other than the League) rents the field, it does not automatically include use of the Batting Cage. Before allowing use of the Batting Cage, the League must refer those potential users to the City. The City will approve the user and enter into a written agreement with that user requiring compliance with the City's insurance, indemnity, hold harmless and other facility rental requirements. City will then refer the user back to League to coordinate use. League use will have priority over renter use.
All users of the Batting Cage must abide by the following rules:
2 1. Only rubber balls may be used in the Batting Cage.
2. Use by League and scheduled users may only take place during the following times:
• Monday-Saturday: 9am-7pm
• Sunday: 10am-7pm
Use hours and conditions subject to change by City based upon neighborhood impact.
City shall have no responsibility or liability for loss or damage to the personal property of League, its players, coaches, volunteers or officials that are placed or stored in the Batting Cage, including but not exclusive of netting, pitching machines, electrical cables, balls, player equipment or other items.
4. USE OF CONCESSIONS BUILDING: The Building, including but not limited to concession sales goods, equipment, vehicles, supplies, money, personal effects, player equipment, and other items, shall be used solely for the sale of food, sundries, souvenirs, and similar articles, and for the storage of League equipment and supplies. The City reserves the right to specify any articles that may not be sold or otherwise distributed by the League at the concession stand. Pursuant to Gov’t. Code 51038, League will be the exclusive concessionaire for Lakeshore Park.
5. USE OF BALL FIELDS: Upon obtaining the required seasonal permits and paying all applicable fees, the League may use the Ball Fields for practices and games associated with the Little League season.
Use of amplified sound equipment shall comply with all requirements of the San Mateo Municipal Code and good neighbor practices and is permitted only for limited purposes, such as opening day ceremonies and announcing upcoming batters, scores, and other game-related information. Amplified sound shall not be used for ongoing game commentary or for playing music before, during, or after games, except for the National Anthem. Complaints regarding excessive noise levels or other neighborhood impacts resulting from amplified sound may be grounds for the City to require discontinuation of such use.
The use and storage of vehicles on the Premises must be approved in advance by the City and, if gas- powered, shall comply with all applicable fire safety and municipal codes. Vehicles must be securely stored when not in use and shall be operated only under adult supervision at all times. Any vehicle operated on City property must be maintained in safe operating condition, including vehicles such as golf carts or all-terrain vehicles (ATVs). All use of the Ball Fields shall conform to the San Mateo Municipal Code and special park rules.
6. IMPROVEMENT PROJECTS : The League agrees to identify specific projects at Lakeshore Park and devote a portion of the proceeds from the concession stand to complete these projects.
Representatives of the League and the City will meet annually prior to the league opening or if by mutual agreement, the end of the season, to discuss the upcoming season's projects. Some projects may take more than one season to complete or to accumulate sufficient funds to complete. Any work done at the facility must comply with established Master Plans, adhere to existing codes, receive necessary permits, comply with state prevailing wage law, and be approved in advance by the Parks and Recreation Director or designee before work can begin.
7. CHARGES BY LESSEE : League concession operation shall charge no more than prices generally prevailing for similar concessions; as such determination shall be made from time to time by City Manager, or their designee.
3 8. UTILITIES: The City shall provide water required by the League at the Building and Ball Fields.
All other utilities associated with the operation of the concession stand, including electricity, gas, garbage, and related services, shall be the responsibility of the League.
Because separate electrical meters will not be installed, the League shall reimburse the City for 50% of the monthly electrical cost for the Premises. The City will invoice the League for its share of electrical costs for two six-month periods. Any unusual or non-typical electrical usage by the City during non- league months will be considered when determining the League’s payment amount.
9. PAYMENT: Payments, including, but not limited to per player fees and booking fees, are due one month (30 days) after the City releases the permits. Payment for utilities shall be remitted to the City within thirty (30) days of invoice date.
10. NO ASSIGNMENT: League shall not assign this Lease or any portion thereof, nor sublet the Building, Batting Cage or Ball Fields without the prior written consent of City.
11. CONDITION OF PREMISES : The League shall ensure that the Building, backstops, windscreens, and adjacent areas are maintained in a clean and sanitary condition at all times, to the satisfaction of the City. Storage areas within the concession stand shall be kept neat, orderly, and clean. All doorways and windows must remain clear, unobstructed, and accessible at all times. The League shall keep the Batting Cage and Building secured whenever they are not in use. Any additional storage containers located outside of the Building, including but not limited to knack boxes and tool storage, must be clearly labeled, locked, securely maintained, and placed in locations approved by the City.
12. SECURITY AND ACCESS: The League shall not change, replace, or add any locks, deadbolts, security devices, cameras, or similar hardware on any doors, windows, gates, or other access points to the Premises, including the Building, Batting Cage, or Ball Fields, whether interior or exterior, without the prior written consent of the City. The League shall not install any devices that prevent City access to the Premises as permitted under this Lease and applicable law.
Any unauthorized changes to locks or security devices shall constitute a material breach of this Lease. If the League violates this provision, the City may, at the League’s expense, remove unauthorized devices and restore the Premises to their original condition. The League shall promptly provide all keys, fobs, access cards, or other access devices to the City upon request and upon termination of the Lease.
13. MAINTENANCE: The League shall be responsible for routine maintenance, cleaning, and general upkeep of the Building and Batting Cage. The League further agrees to maintain the grass infield portions of both Ball Fields, as applicable, in accordance with the Mandatory Guidelines for Ball Field Preparation (Exhibit B) and the Bay Area Air Quality Management District General Requirements (Exhibit C). Such maintenance includes, but is not limited to, mowing, fertilization, irrigation, and field renovation when necessary. League is prohibited from applying any pesticides to the premises.
Any improvements installed by the League with prior City approval shall be maintained by the League. If the League fails to adequately maintain League-installed improvements, the City shall provide written notice identifying the required maintenance and a reasonable timeframe for completion. If the League does not complete the maintenance within the specified timeframe, the City may perform the maintenance and bill the League for the full cost of the work.
4 The League shall maintain the Batting Cage in compliance with all applicable City laws, regulations, and safety standards. The roof, structure, and fencing of the Batting Cage shall be kept in good repair and in an attractive condition at all times. The City shall have the right to enter and inspect the Batting Cage to determine compliance with this Lease and to verify that the site is being maintained in a reasonably safe manner.
14. REPAIRS: The League shall promptly notify the City of any conditions requiring repair to the Building, Batting Cage, or Ball Fields. Except as otherwise provided in this Lease, the City shall be responsible for completing repairs within a reasonable timeframe after receiving notice. The League shall cooperate with the City to allow access as needed to complete such repairs.
15. TERMINATION FOR CAUSE: The City may terminate this lease if the City determines that League has failed to maintain and operate the business and Premises in accordance with the terms of this lease, or any consent or permission given hereunder, or with any statute or ordinance effective with reference to such maintenance or operation. The City may begin the te rmination process of lease for cause at any time by notifying the League of lease violations. The League will have 30 days from the date of such notification to correct such violations or to take corrective steps, if the 30-day period is, as agreed between the City Manager and the League, inadequate to correct such violations. If the League has not corrected violations within the time frame described above, termination becomes immediately effective. In the event of termination as herein above provided, a proration of rentals paid or due, or of any damages due, shall be determined and adjustments made between City and League.
In the event any action of the League when operating the concession stand creates a health or safety
hazard, City reserves the right to close the concession stand operation immediately and keep it closed until the unsafe situation has been corrected.
If the League fails to comply with the terms of this Lease, the City may require that the Batting Cage be removed, and park returned to its previous condition at the expense of the League. If it is determined by the City that this Lease, for any reason, is to be terminated or that the Batting Cage is to be removed, the City agrees to contact the League to inform League of the circumstance and work towards a mutual resolution. Removal in this circumstance would be at the City's expense.
If for any reason, the League no longer intends to use or maintain the Batting Cage, it may terminate this Lease. If so, the League must notify the City in writing. At City's discretion, it will either require League to remove the Batting Cage and restore the park to its original condition at League expense; or keep the Batting Cage in place and become wholly and solely responsible for its use and maintenance.
16. TERMINATION FOR CONVENIENCE: This Lease may be terminated by the City at any time by giving the League written notice at least thirty (30) days in advance.
17. WAIVER; INSPECTION; COMPLIANCE WITH LAWS: The Building shall be open to inspection at all times by the City Manager and authorized employees and representatives of City, and League shall at all times maintain and operate the business and Building in full compliance with all applicable laws. City's right to inspect shall in no way diminish League's duty to keep Building in good and safe condition and repair or to maintain and operate the business and Building in full compliance with all applicable laws.
5 18. INDEMNITY: League agrees to hold harmless and indemnify CITY, its elected and appointed officials, employees, and agents from and against any and all claims, loss, liability, damage, and expense arising out of League’s performance of this Lease, except for those claims arising out of CITY’s sole negligence or willful misconduct. League agrees to defend City, its elected and appointed officials, employees, and agents against any such claims. The League’s duty to indemnify shall survive expiration or early termination of this Lease.
19. INSURANCE: Little League must comply with the insurance requirements, attached as Exhibit D and incorporated by reference.
20. GOVERNING LAW AND VENUE: This Lease shall be governed by the laws of the State of California and, in the event of litigation, venue will be in the County of San Mateo.
21. NOTICES: All notices required to be given hereunder shall be in writing, and delivered in person or transmitted by First Class Mail, postage prepaid.
To City:
City of San Mateo, Parks & Recreation Department
Attn: Community Services Section Manager
330 West 20th Avenue
San Mateo, CA 94403
To League:
San Mateo National Little League
P.O. Box 5188
San Mateo, CA 94402
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6 22. COSTS AND ATTORNEY’S FEES: Attorney fees in total amount not exceeding $5000, shall be recoverable as costs (by the filing of a cost bill) by the prevailing party in any action or actions to enforce the provisions of this Lease. The above $5000 limit is the total of attorney fees recoverable whether in the trial court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals, or actions. It is the intent of this Lease that neither party shall have to pay the other more than $5000 for attorney fees arising out of an action, or actions to enforce the provisions of this Lease.
IN WITNESS WHEREOF, CITY OF SAN MATEO and SAN MATEO LITTLE LEAGUE have executed this Lease the day and year first above written.
City of San Mateo San Mateo National Little League
________________________ _____________________________ Joanne Magrini Justin Rhodes
Director of Parks & Recreation SMNLL President
ATTEST: APPROVED AS TO FORM:
________________________ __________________________________ Martin McTaggart, City Clerk Mazarin Vakharia, Assistant City Attorney
Attachments:
Exhibit A: Map
Exhibit B: Ball Field Preparation
Exhibit C: Bay Area Air Quality Regulations
Exhibit D: Insurance
Exhibit A
Lakeshore Park
1500 Marina Court, San Mateo, CA 94403
Exhibit B
Mandatory Guidelines for Ballfield Preparation
1. Water the Infield Dirt: To effectively minimize dust, it is crucial to water the infield dirt thoroughly before any dragging takes place. Properly watering the infield not only reduces airborne dust but also creates a safer playing surface by maintaining the integrity of the dirt.
2. Drag the Infield Dirt: Once the infield is sufficiently watered, drag the dirt to create a smooth and safe playing surface.
3. Rake the Infield Areas: Rake the infield areas near the bases, batter's box, and mound to eliminate any uneven spots and debris.
4. Chalk Lines: Accurately chalk the necessary lines on the field, including batter's box, foul lines and on deck circles.
5. Put Away Equipment: After use, ensure that all equipment is returned to its designated storage area.
Failure to follow these protocols may result in field closures and the suspension of programming.
Fines may be assessed by the Bay Area Air Quality Management District if regulations and requirements are not met.
All City owned ballfields have water access with a connection. If the quick connect or coupler key is not located, please contact the Parks & Recreation Department at [email protected] or 650-522-7400.
Acknowledge and Agree:
_____________________________
Justin Rhodes, President SMNLL
Bay Area Air Quality Management District August 1, 2018 6-1-1
REGULATION 6
PARTICULATE MATTER
RULE 1
GENERAL REQUIREMENTS
INDEX
6-1-100 GENERAL
6-1-101 Description
6-1-102 Applicability of General Provisions:
6-1-110 Exemptions for Activities Subject to Other Rules and Regulations 6-1-111 Limited Exemption, Blasting Operations
6-1-112 Limited Exemption, Portland Cement Manufacturing 6-1-113 Limited Exemption, Total Suspended Particulate (TSP) Concentration and Weight Limitations
6-1-114 Limited Exemption, Total Suspended Particulate (TSP) Emission Limits for Fuel Combustion
6-1-115 Limited Exemption, Total Suspended Particulate (TSP) Concentration Limitations 6-1-116 Limited Exemption, Total Suspended Particulate (TSP) Limits 6-1-117 Limited Exemption, Total Suspended Particulate (TSP) Limits 6-1-200 DEFINITIONS
6-1-201 Active Operations
6-1-202 Bulk Material
6-1-203 Bulk Material Site
6-1-204 Exhaust Gas Volume
6-1-205 Particle
6-1-206 Process Weight
6-1-207 Process Weight Rate and Exhaust Gas Rate
6-1-208 Regulated Bulk Material Site
6-1-209 Stockpile
6-1-210 Workday
6-1-300 STANDARDS
6-1-301 Ringelmann No. 1 Limitation
6-1-302 Opacity Limitation
6-1-303 Ringelmann No. 2 Limitation
6-1-304 Tube Cleaning
6-1-305 Visible Particles
6-1-306 Pile Driving Hammers
6-1-307 Prohibition of Visible Emissions Within and From Regulated Bulk Material Sites 6-1-310 Total Suspended Particulate (TSP) Concentration Limits 6-1-311 Total Suspended Particulate (TSP) Weight Limits 6-1-320 Sulfuric Acid Manufacturing Plants
6-1-330 Sulfur Recovery Units
6-1-400 ADMINISTRATIVE REQUIREMENTS
6-1-401 Appearance of Emissions
6-1-402 Alternate Source Test Frequency
6-1-500 MONITORING AND RECORDS
Bay Area Air Quality Management District August 1, 2018 6-1-2
6-1-501 Sampling Facilities and Instruments Required
6-1-502 Data, Records and Reporting
6-1-503 Records
6-1-504 Demonstration of Total Suspended Particle (TSP) Compliance 6-1-505 Demonstration of SO3 / Sulfuric Acid Mist Compliance 6-1-506 Monitoring and Recordkeeping at Regulated Bulk Material Sites 6-1-600 MANUAL OF PROCEDURES
6-1-601 Applicability of Test Methods
6-1-602 Methods for Determining Compliance
Bay Area Air Quality Management District August 1, 2018 6-1-3
REGULATION 6
PARTICULATE MATTER
RULE 1
GENERAL REQUIREMENTS
6-1-100 GENERAL
6-1-101 Description: The purpose of this Regulation is to limit the quantity of particulate matter in the atmosphere through the establishment of limitations on emission rates, emission concentrations, visible emissions and opacity.
(Amended 8/1/18)
6-1-102 Applicability of General Provisions: The general provisions and definitions in Regulation 1 and Regulation 6 shall apply to this rule. (Adopted 8/1/18)
6-1-110 Exemptions for Activities Subject to Other Rules and Regulations:
110.1 Temporary Sandblasting Operations: The provisions of this rule shall not apply to Temporary Sandblasting operations. Such operations are subject to the provisions of Regulation 12, Rule 4.
110.2 Open Outdoor Fires: The provisions of this rule shall not apply to emissions arising from open outdoor fires. Such open outdoor fires are subject to the provisions of Regulation 5.
110.3 Wood Burning Devices: The provisions of this rule shall not apply to sources subject to the provisions of Regulation 6, Rule 3.
110.4 Metal Recycling and Shredding Operations: The provisions of this rule shall not apply to sources subject to the provisions of Regulation 6, Rule 4. (Adopted 7/11/90, 12/19/90, Amended 8/1/18)
6-1-111 Limited Exemption, Blasting Operations: Blasting operations that are conducted by certified blasters who have met the blasting ordinances and requirements for licensing and permitting by the State of California Department of Industrial Relations Division of Occupational Safety and Health or other applicable local permitting authority are not subject to Sections 6-1-307 and 6-1-506.
(Adopted 8/1/18)
6-1-112 Limited Exemption, Portland Cement Manufacturing: Sections 6-1-307, 310 and 311 shall not apply to particulate emissions from sources subject to the provisions of Regulation 9, Rule 13.
(Adopted 8/1/18)
6-1-113 Limited Exemption, Total Suspended Particulate (TSP) Concentration and Weight Limitations: Sections 6-1-310.2, 311.2 and 504 shall not apply to particulate matter emissions from the following sources:
113.1 Commercial cooking equipment subject to the provisions of Regulation 6, Rule 2.
113.2 Salt processing operations whose TSP emissions are greater than 99 weight percent salt.
(Adopted 8/1/18)
6-1-114 Limited Exemption, Total Suspended Particulate (TSP) Emission Limits for Fuel Combustion: Sections 6-1-310.2 and 311.2 shall not apply to particulate matter emissions from the following sources:
114.1 Gas-, liquid- and solid-fuel fired indirect heat exchangers, including furnaces, heaters, boilers, gas turbines and supplemental fuel-fired heat recovery steam generators, but excluding Carbon Monoxide Boilers downstream of Petroleum Refinery Fluid Catalytic Cracking Unit regenerators.
114.2 Gas-fuel fired control devices that control only gaseous emissions. 114.3 Section 6-1-504 shall not apply to gas-fuel fired indirect heat exchangers or gas-fuel fired control devices that control only gaseous emissions. Liquid- and solid-fuel fired indirect heat exchangers shall remain subject to Section 6-1- 504.
(Adopted 8/1/18)
Bay Area Air Quality Management District August 1, 2018 6-1-4
6-1-115 Limited Exemption, Total Suspended Particulate (TSP) Concentration Limitation:
Section 6-1-310.2 shall not apply to particulate emissions from a sewage treatment plant solid waste incinerator abated by a wet scrubber with an Air District Permit to Operate until July 1, 2025.
(Adopted 8/1/18)
6-1-116 Limited Exemption, Total Suspended Particulate (TSP) Limits: Section 6-1-310.2 and 311.2 shall not apply to particulate emissions from a carbon monoxide boiler abated by a water scrubber with an Air District Permit to Operate. (Adopted 8/1/18)
6-1-117 Limited Exemption, Total Suspended Particulate (TSP) Limits: Section 6-1-310.2 and 6-1-311.2 shall not apply to particulate emissions from a petroleum coke calcining unit abated by a baghouse with an Air District Permit to Operate until January 1, 2022. (Adopted 8/1/18)
6-1-200 DEFINITIONS
6-1-201 Active Operations: As defined in Regulation 6-201, any activity with the potential to create particulate emissions from any source or fugitive dust emissions. (Adopted 8/1/18)
6-1-202 Bulk Material: As defined in Regulation 6-202, any unpackaged sand, soil, gravel, aggregate, solid construction material, solid industrial chemical or other unpackaged solids less than 2 inches in length or diameter.
(Adopted 8/1/18)
6-1-203 Bulk Material Site: As defined in Regulation 6-203, any site with one or more stockpiles of bulk material greater than 5 feet high or with a footprint greater than 100 square feet.
(Adopted 8/1/18)
6-1-204 Exhaust Gas Volume: The volume of gases discharged from an operation or an emission point, corrected to standard conditions (as defined in Regulation 1-228), excluding water vapor or steam.
(Renumbered and Amended 8/1/18)
6-1-205 Particle: A minute quantity of solid matter or liquid droplet. (Adopted 8/1/18)
6-1-206 Process Weight: The total weight of all material introduced into an operation, including solid fuels and process air, but excluding (i) liquids and gases used solely as fuels, (ii) air that is not consumed as a reactant or is not critical to the process, (iii) air that is used only for dilution, and (iv) combustion air.
(Renumbered and Amended 8/1/18)
6-1-207 Process Weight Rate and Exhaust Gas Rate: A rate established as follows:
207.1 For continuous or long-run, steady-state operations, the total process weight or exhaust gas volume for the entire period of continuous operation or for a typical portion thereof, divided by the number of hours of such period or portions thereof.
207.2 For cyclical or batch operations, the total process weight or exhaust gas volume for a period that covers a complete operation or an integer number of cycles, divided by the hours of actual process operation during such period.
Where the nature of any process or operation or the design of any equipment is such as to permit more than one interpretation of this section, that interpretation which results in the minimum value for allowable emission shall apply.
(Renumbered and Amended 8/1/18)
6-1-208 Regulated Bulk Material Site: A bulk material site that (i) produces, handles, loads, unloads, stores or uses more than 10 tons per year of bulk materials; and (ii) is subject to an authority to construct and/or permit to operate for bulk material storage and handling issued by the Bay Area Air Quality Management District. (Adopted 8/1/18)
6-1-209 Stockpile: As defined in Regulation 6-208, an open or unenclosed storage pile of bulk material, external to any barn, pit or silo.
(Adopted 8/1/18)
Bay Area Air Quality Management District August 1, 2018 6-1-5
6-1-210 Workday: As defined in Regulation 6-210, any period, typically 8 – 12-hour shifts, when active operations occur on the site.
(Adopted 8/1/18)
6-1-300 STANDARDS
6-1-301 Ringelmann No. 1 Limitation: Except as provided in Sections 6-1-303, 304 and 306, a person shall not emit from any source for a period or aggregate periods of more than three minutes in any hour, a visible emission that is as dark or darker than No. 1 on the Ringelmann Chart, or of such opacity as to obscure an observer's view to an equivalent or greater degree.
(Amended 7/11/90, 8/1/18)
6-1-302 Opacity Limitation: Except as provided in Sections 6-1-303, 304 and 306, a person shall not emit from any source for a period or aggregate periods of more than three minutes in any hour an emission equal to or greater than 20% opacity. (Amended 7/11/90, 8/1/18)
6-1-303 Ringelmann No. 2 Limitation: A person shall not emit for a period or aggregate periods of more than three minutes in any hour, a visible emission that is as dark or darker than No. 2 on the Ringelmann Chart, or of such opacity as to obscure an observer's view to an equivalent or greater degree, or be equal to or greater than 40 percent opacity, from the following sources:
303.1 Internal combustion engines of less than 25 liters (1500 in3) displacement; 303.2 Engines used solely as a standby source of motive power; 303.3 Laboratory equipment used exclusively for chemical or physical analyses or experimentation;
303.4 Portable brazing, soldering or welding equipment. (Amended 1/5/83, 7/11/90, 8/1/18)
6-1-304 Tube Cleaning: During tube cleaning, and except for three minutes in any hour, a person shall not emit from any heat transfer operation using fuel at a rate of not less than 148 GJ (140 million BTU) per hour, a visible emission as dark or darker than No. 2 on the Ringelmann Chart, or of such opacity as to obscure an observer's view to an equivalent or greater degree, or equal to or greater than 40 percent opacity. The aggregate duration of such emissions in any 24-hour period shall not exceed 6.0 minutes per 1055 GJ (one billion BTU) gross heating value of fuel burned during such 24-hour period.
(Amended 8/1/18)
6-1-305 Visible Particles: No person shall emit particles from any operation in sufficient number to cause annoyance to any other person where the particles are large enough to be visible as individual particles at the emission point, or of such size and nature as to be visible individually as incandescent particles. This Section shall only apply if such particles fall on real property other than the property of the person responsible for the emission.
(Amended 8/1/18)
6-1-306 Piledriving Hammers: No person shall emit visible emissions from a piledriving hammer that exceeds the following standards for a period or aggregate periods of more than four minutes during the driving of a single pile:
306.1 For piledriving hammers other than those specified in Section 306.2, any visible emission that is as dark or darker than No. 1 on the Ringelmann Chart, or of such opacity as to obscure an observer's view to an equivalent or greater degree;
306.2 For piledriving hammers utilizing kerosene, smoke suppressing fuel additives and synthetic lubricating oil, and for which fuel usage records are kept as required by Section 6-1-503, any visible emission that is as dark or darker than No. 2 on the Ringelmann Chart or of such opacity as to obscure an observer's view to an equivalent or greater degree.
(Adopted July 11, 1990, Amended 8/1/18)
Bay Area Air Quality Management District August 1, 2018 6-1-6
6-1-307 Prohibition of Visible Emissions Within and From Regulated Bulk Material Sites:
307.1 Effectve July 1, 2019, the owner/operator of a Regulated Bulk Material Site shall not cause or allow a fugitive dust visible emission from: active operations at the site, a bulk material stockpile, or a bulk material spill that:
a. Exceeds (i) 5 feet long, 5 feet wide, or 5 feet high, and (ii) 10 percent opacity as determined by EPA Method 203B (or half as dark in shade as that designated as Number 1 on the Ringelmann Chart), for a period or aggregate periods of more than 3 minutes in any 60-minute period; or b. Travels or carries beyond the site property line.
307.2 Effective July 1, 2019, the owner/operator of a Regulated Bulk Material Site shall clean up any bulk material spill of more than 12 inches high or more than 25 square feet by the end of the workday, unless the spill is adequately wetted, covered, or is protected by a wind screen with no more than 50 percent porosity that is (i) equal to or higher than the height of the spill; and (ii) placed upwind of the spill at a distance no greater than the height of the wind screen.
Cleanup activities shall not cause fugitive dust visible emissions that exceed 20 percent opacity as determined by EPA Method 203B (or as dark in shade as that designated as Number 1 on the Ringelmann Chart), for a period or aggregate periods of more than 3 minutes in any 60-minute period. (Adopted 8/1/18)
6-1-310 Total Suspended Particulate (TSP) Concentration Limits:
310.1 No person shall emit TSP from any source in excess of 343 mg per dscm (0.15 gr per dscf) of exhaust gas volume.
310.2 Effective July 1, 2020, Table 6-1-310.2 emission limits shall apply to any source with a Potential To Emit TSP (as defined in Regulation 2-1-217) greater than 1,000 kg per year. No applicable source shall emit TSP at a concentration in excess of the limit indicated for the source’s Exhaust Gas Rate in Table 6- 1-310.2:
Table 6-1-310.2: Exhaust Gas Rate vs. Allowable TSP Concentrations Exhaust Gas Rate TSP Concentration Limit
dscm/min dscf/min mg/dscm gr/dscf
50 or less 1,766 or less 343 0.150
>50 – 75 >1,766 - 2,649 298 0.130
>75 – 100 >2,649 - 3,531 268 0.117
>100 – 150 >3,531 - 5,297 230 0.101
>150 – 200 >5,297 - 7,063 207 0.0903
>200 – 300 >7,063 - 10,594 178 0.0776
>300 – 400 >10,594 - 14,126 159 0.0697
>400 – 500 >14,126 - 17,657 147 0.0641
>500 – 750 >17,657 - 26,486 126 0.0551
>750 - 1,000 >26,486 - 35,315 113 0.0495
>1,000 - 1,500 >35,315 - 52,972 97.3 0.0425
>1,500 - 2,000 >52,972 - 70,629 87.3 0.0382
>2,000 - 3,000 >70,629 - 105,944 75.1 0.0328
>3,000 - 4,000 >105,944 - 141,259 67.4 0.0295
>4,000 - 5,000 >141,259 - 176,573 62.0 0.0271
>5,000 - 7,500 >176,573 - 264,860 53.3 0.0233
>7,500 - 10,000 >264,860 - 353,147 47.8 0.0209
>10,000 - 15,000 >353,147 - 529,720 41.1 0.0180
>15,000 - 20,000 >529,720 - 706,293 36.9 0.0161
>20,000 - 30,000 >706,293 - 1,059,440 31.7 0.0139
Bay Area Air Quality Management District August 1, 2018 6-1-7
Exhaust Gas Rate TSP Concentration Limit
>30,000 - 40,000 >1,059,440 - 1,412,587 28.5 0.0124
>40,000 - 50,000 >1,412,587 - 1,765,733 26.2 0.0115
>50,000 - 70,000 >1,765,733 - 2,472,027 23.1 0.0101
>70,000 >2,472,027 23.0 0.0100
310.3 For the purposes of Section 6-1-310, the measured concentration of TSP in the exhaust shall be corrected to standard conditions (as defined in Regulation 1-228) and (i) 12 percent carbon dioxide (CO2) by volume, minus water vapor, for incineration or salvage operations and gas-fired pathological waste incinerators; or (ii) 6 percent oxygen (O2) by volume, minus water vapor, for heat transfer operations. In the case of an incineration or salvage operation, the concentration shall be corrected as if no auxiliary fuel had been used and any CO2 produced from combustion of liquid or gaseous fuel shall be excluded from the correction to 12 percent CO2.
(Amended 8/1/18)
6-1-311 Total Suspended Particulate (TSP) Weight Limits:
311.1 No person shall emit TSP from any source at a rate in excess of the limit indicated for the source’s Process Weight Rate in Table 6-1-311.1. This section shall not apply to gas-, liquid- or solid-fuel fired indirect heat exchangers.
Table 6-1-311.1: Process Weight Rate vs. Allowable TSP Emission Limits Process Weight Rate TSP Emission Limit
kg/hour lb/hour kg/hour lb/hour
250 or less 551 or less 0.81 1.78
>250 - 300 >551 - 661 0.91 2.02
>300 - 400 >661 - 882 1.11 2.45
>400 -500 >882 - 1,102 1.29 2.84
>500 - 600 >1,102 - 1,323 1.45 3.21
>600 - 700 >1,323 - 1,543 1.61 3.56
>700 – 800 >1,543 – 1,764 1.76 3.89
>800 – 900 >1,764 – 1,984 1.91 4.21
>900 – 1,000 >1,984 – 2,205 2.05 4.52
>1,000 - 1,200 >2,205 – 2,646 2.31 5.11
>1,200 - 1,400 >2,646 – 3,086 2.56 5.66
>1,400 - 1,600 >3,086 – 3,257 2.80 6.19
>1,600 - 1,800 >3,257 – 3,968 3.03 6.70
>1,800 – 2,000 >3,968 – 4,409 3.26 7.19
>2,000 – 2,500 >4,409 – 5,512 3.78 8.35
>2,500 –3,000 >5,512 – 6,614 4.27 9.43
>3,000 – 3,500 >6,614 – 7,716 4.74 10.5
>3,500 – 4,000 >7,716 – 8,818 5.18 11.4
>4,000 - 4,500 >8,818 – 9,921 5.61 12.4
>4,500 - 5,000 >9,921 - 11,023 6.02 13.3
>5,000 – 6,000 >11,023 - 13,228 6.80 15.0
>6,000 - 7,000 >13,228 - 15,432 7.54 16.6
>7,000 -8,000 >15,432 – 17,637 8.24 18.2
Bay Area Air Quality Management District August 1, 2018 6-1-8
Process Weight Rate TSP Emission Limit
>8,000 – 9,000 >17,637 – 19,842 8.92 19.7
>9,000 - 10,000 >19,842 – 22,046 9.57 21.1
>10,000 – 12,000 >22,046 - 26,455 10.8 23.9
>12,000 - 14,000 >26,455 - 30,865 12.0 26.5
>14,000 - 16,000 >30,865 - 35,274 13.1 29.0
>16,000 - 18,000 >35,274 – 39,683 14.2 31.3
>18000 - 20,000 >39,683 - 44,092 15.2 33.6
>20,000 - 22,000 >44,092 – 48,502 16.2 35.9
>22,000 - 24,000 >48,502 – 52,911 17.2 38.0
>24,000 - 25,000 >52,911 – 55,116 17.7 39.1
>25,000 >55,116 18.1 40.0
311.2 Effective July 1, 2020, Table 6-1-311.2 emission limits shall apply to any source with a Potential to Emit TSP (as defined in Regulation 2-1-217) greater than 1,000 kg per year. No applicable source shall emit TSP at a rate in excess of the limit indicated for the source’s Process Weight Rate in Table 6-1-311.2:
Table 6-1-311.2: Process Weight Rate vs. Allowable TSP Emission Limits Process Weight Rate TSP Emission Limit
kg/hour lb/hour kg/hour lb/hour
100 or less 220 or less 0.45 0.99
>100 - 150 >220 - 331 0.59 1.29
>150 - 200 >331 - 441 0.70 1.55
>200 - 300 >441 - 661 0.90 1.98
>300 - 400 >661 - 882 1.06 2.34
>400 -500 >882 - 1,102 1.21 2.67
>500 - 750 >1,102 - 1,653 1.52 3.34
>750 – 1,000 >1,653 - 2,205 1.78 3.92
>1,000 – 1,500 >2,205 - 3,307 2.21 4.86
>1,500 - 2,000 >3,307 - 4,409 2.56 5.65
>2,000 - 3,000 >4,409 - 6,614 3.15 6.95
>3,000 - 4,000 >6,614 - 8,818 3.64 8.02
>4,000 - 5,000 >8,818 - 11,023 4.06 8.95
>5,000 - 7,500 >11,023 - 16,535 4.96 10.9
>7,500 - 10,000 >16,535 - 22,046 5.44 12.0
>10,000 - 15,000 >22,046 - 33,069 6.00 13.2
>15000 - 20,000 >33,069 - 44,092 6.40 14.1
>20,000 - 30,000 >44,092 - 66,139 7.04 15.5
>30,000 - 40,000 >66,139 - 88,185 7.53 16.6
>40,000 - 50,000 >88,185 - 110,231 7.93 17.5
>50,000 - 75,000 >110,231 - 165,347 8.71 19.2
>75,000 - 100,000 >165,347 - 220,462 9.33 20.6
>100,000 - 150,000 >220,462 - 330,693 10.3 22.6
>150,000 - 200,000 >330,693 - 440,925 11.0 24.2
>200,000 - 300,000 >440,925 - 661,387 12.1 26.6
Bay Area Air Quality Management District August 1, 2018 6-1-9
>300,000 - 400,000 >661,387 - 881,849 12.9 28.5
>400,000 >881,849 13.6 30.0
(Amended 8/1/18)
6-1-320 Sulfuric Acid Manufacturing Plants: A person shall not emit from any operation manufacturing sulfuric acid using as a principal raw material any sulfur-containing material, any emission having a concentration of SO3 or H2SO4, or both, converted to and quantified as 100% H2SO4, exceeding 92 mg per dscm (0.04 gr/dscf) of exhaust gas volume.
(Amended 8/1/18)
6-1-330 Sulfur Recovery Units: A person shall not emit from any operation manufacturing sulfur, using as a principal raw material any sulfur-containing material, any emission having a concentration of SO3 or H2SO4, or both, converted to and quantified as 100% H2SO4, exceeding 183 mg per dscm (0.08 gr/dscf) of exhaust gas volume. (Amended 8/1/18)
6-1-400 ADMINISTRATIVE REQUIREMENTS
6-1-401 Appearance of Emissions: Persons subject to this Rule are subject to and shall comply with the requirements of Regulation 6-102.
(Amended 8/1/18)
6-1-402 Alternate Source Test Frequency: The APCO may authorize a person to reduce the frequency of source tests required in Section 6-1-504 or 505 if at least three (3) consecutive prior source test results indicate compliance with the applicable standard.
To apply for such authorization, a person subject to Section 6-1-504 or 505 must submit a request in writing to the Director of Compliance and Enforcement and Manager of Source Test indicating (i) the name of the person requesting the reduction, (ii) the site number of the site for which the reduction is sought, (iii) the source number of the source for which the reduction is sought, (iv) the pollutant for which the reduction is sought; and (iv) the results of prior source tests demonstrating compliance with the regulatory standard involved. The APCO shall approve or deny the reduction in frequency of source tests under this provision within 180 days of receipt of the written request.
(Adopted 8/1/18)
6-1-500 MONITORING AND RECORDS
6-1-501 Sampling Facilities and Instruments Required: As described in Regulation 6-501, persons subject to this Rule are subject to, and shall provide sampling facilities and install instruments as required by, the provisions of Regulation 1. (Amended 8/1/18)
6-1-502 Data, Records and Reporting: As described in Regulation 6-502, persons monitoring emissions in accordance with the requirements of Regulation 1 shall keep records, report emission excesses and provide summaries of data collected as required by Regulation 1.
(Amended 8/1/18)
6-1-503 Records: In order to be eligible for the Ringelmann No. 2 limitation set forth in Section 6-1-306.2, the person responsible for the operation of a pile-driving hammer must maintain and have available for inspection records that establish the use of kerosene, smoke suppressing fuel additives and synthetic lubricating oil. (Adopted 7/11/90, Amended 8/1/18)
6-1-504 Demonstration of Total Suspended Particles (TSP) Compliance: Effective July 1, 2019, the owner/operator of a source with a District permit to operate and with a Potential To Emit TSP (as defined in Regulation 2-1-217) of greater than 2,000 kg per year shall conduct source testing to demonstrate compliance with Section 6-1-310 and 311 according to the testing frequencies listed in Table 6-1-504, unless the owner/operator receives written approval from the APCO for a different testing frequency, as described in Section 6-1-402. Inactive permitted sources are not required to conduct compliance source testing until they become active by operating more than 90 days in a calendar year and must conduct a source test within six months
Bay Area Air Quality Management District August 1, 2018 6-1-10
of becoming active. Source tests required under this section shall be conducted in accordance with Section 6-1-602.1.
Table 6-1-504: Required Compliance Test Frequencies
Potential to Emit
TSP (kg/year)
Compliance
Test
Frequency
Minimum Time
Between Tests
Maximum Time
Between Tests
> 16,000 Annually 9 months 15 months
> 8,000 – 16,000 Biennially 18 months 30 months
> 2,000 – 8,000 Every five
years 48 months 72 months
(Adopted 8/1/18)
6-1-505 Demonstration of SO3 and Sulfuric Acid Mist Compliance: Effective July 1, 2019, the owner/operator of a source with a District permit to operate and with a Potential to Emit SO3 and H2SO4 (as defined in Regulation 2-1-217), converted to and quantified as 100 percent H2SO4, greater than 2,000 kg per year shall conduct source testing to demonstrate compliance with Section 6-1-320 or 330 according to the testing frequencies listed in Table 6-1-505, unless the owner/operator receives written approval from the APCO for a different testing frequency, as described in Section 6-1- 402. Inactive permitted sources are not required to conduct compliance source testing until they become active by operating more than 90 days in a calendar year and must conduct a source test within six months of becoming active. Source tests required under this section shall be conducted in accordance with Section 6-1-602.2.
Table 6-1-505: Required Compliance Test Frequencies
Potential to Emit
SO3 and H2SO4
(kg/year)
Compliance
Test
Frequency
Minimum Time
Between Tests
Maximum Time
Between Tests
> 16,000 Annually 9 months 15 months
> 8,000 – 16,000 Biennially 18 months 30 months
> 2,000 – 8,000 Every five
years 48 months 72 months
(Adopted 8/1/18)
6-1-506 Monitoring and Recordkeeping at Regulated Bulk Material Sites: The owner/operator of any Regulated Bulk Material Site shall monitor sources and operations at the site subject to the requirements in Section 6-1-307 as follows:
506.1 Monitor the nature and extent of any fugitive dust visible emissions from each source or operation, using simple observation of the source or operation with the sun or light positioned behind the observer, at times when the potential for fugitive dust visible emissions is at its highest due to wind conditions and/or work activities, or as otherwise specified by the APCO, according to the following frequencies:
a. For any source or operation with the potential to generate fugitive dust located within 1000 feet of the site property line on a workday when the wind is blowing from the source toward the property line, at least twice during each such workday;
b. For all sources and operations with the potential to generate fugitive dust, at least once during each workday.
c. Monitoring of petroleum coke, calcined coke, or coal operations are required during daylight hours only.
506.2 Document the sources and operations monitored each workday when active material handling and storage operations occur.
506.3 Maintain records required by Section 6-1-506.2 for two years, in electronic, paper hard copy or log book format, and make these records available to the APCO upon request.
(Adopted 8/1/18)
Bay Area Air Quality Management District August 1, 2018 6-1-11
6-1-600 MANUAL OF PROCEDURES
6-1-601 Applicability of Test Methods: The common test methods cited in Regulation 6 shall apply to this Rule, including the methods cited in Regulation 6-601: Assessment of Visible Emissions, and Regulation 6-602: Assessment of Opacity. (Adopted 8/1/18)
6-1-602 Methods for Determining Compliance: Compliance testing required by Sections 6- 1-504 and 505 shall be based on the following test methods:
602.1 Total Suspended Particulate: Source tests to determine compliance with TSP emissions limits shall be conducted in accordance with EPA Method 5, or an alternate method as described in Regulation 6-603. Source tests are not required if sources cannot be modified to comply with source test requirements and testing is not physically possible (e.g., for sources without a defined stack). 602.2 SO3 and Sulfuric Acid Mist: Source tests to determine compliance with SO3 and H2SO4 emission limits shall be conducted in accordance with EPA Method 8 or an EPA and APCO approved alternative. Source tests are not required if sources cannot be modified to comply with source test requirements and testing is not physically possible (e.g., for sources without a defined stack). (Adopted 8/1/18)
Exhibit D
INSURANCE REQUIREMENTS
MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 12 07 covering CGL on an “occurrence” basis, including products-completed operations, personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
4. Sexual Abuse or Molestation (SAM) Liability: If the work will include contact with minors, and the CGL policy referenced above is not endorsed to include affirmative coverage for sexual abuse or molestation, Contractor shall obtain and maintain a policy covering Sexual Abuse and Molestation with a limit no less than $1,000,000 per occurrence or claim.
If the contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the contractor.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City, its elected and appointed officials, employees, and agents are to be covered as insureds on the auto policy for liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Contractor; and on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used).
Primary Coverage
For any claims related to this contract, the Contractor’s insurance coverage shall be primary insurance as respects the City, its elected and appointed officials, employees, and agents. Any insurance or self-insurance maintained by the City, its elected and appointed officials, employees, or agents shall be excess of the Contractor’s insurance and shall not contribute with it.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except after thirty (30) days’ prior written notice (10 days for non-payment) has been given to the City.
Waiver of Subrogation
Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance.
Contractor agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.