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HomeMy WebLinkAbout05763 - STATE OF CALIFORNIA AIR RESOURCES BOARD SETTLEMENT AGR rats p t SETTLEMENT AGREEMENT AND RELEASE This SETTLEMENT AGREEMENT AND RELEASE (hereinafter "Agreement") is entered into between the STATE OF CALIFORNIA AIR RESOURCES BOARD (hereinafter "ARB"), 1001 1 Street, Sacramento, California 95814, and the City of Palm Springs, (hereinafter called "Palm Springs"), 3200 E. Tahquitz Canyon Way, Palm Springs, California 92262. I. RECITALS (1) California Health and Safety Code Section 44011-6 authorizes the Heavy Duty Vehicle Inspection Program (HDVIP). It authorizes the ARB to inspect on-road heavy-duty vehicles for excessive smoke emissions and engine tampering and to issue citations and notices of violations, accordingly. The program further provides that the vehicle owner is liable for the repairs of engines that exceed the prescribed ARB smoke opacity standards, perform a post-repair opacity test, and submit proof of repairs and any assessed penalties under the Regulations of the Heavy-Duty Smoke Inspection Program, Chapter 3.5, Sections 2180-2188, Title 13, California Code of Regulations- Health and Safety Code Section 43701 and Sections 2190-2194 of Title 13, California Code of Regulations authorizes the Periodic Smoke Inspection Program which requires the owners and operators of California based truck fleets of two or more heavy duty diesel motor vehicles to conduct annual smoke opacity inspections of their vehicles that are four years older than the model year of the vehicle's engine. California Health and Safety Code Section 43016 authorizes a civil penalty of not to exceed five hundred dollars ($500) per vehicle for any person who violates any provision of this part, or any order, rule, or regulation of the state board adopted pursuant to this part. (2) The ARB Enforcement Division staff, with the cooperation of Palm Springs, has documented violations of Health and Safety Code Section 43701 et. seq- and Title 13, California Code of Regulations, Sections 2190 et. seq- at Palm Springs fleet facilities in California during the years of 2006 and 2007. (3) In order to resolve these violations, Palm Springs has taken, or agreed to take the actions enumerated below under "RELEASE". Further, the ARB accepts this Agreement in termination and settlement of this matter. (4) In consideration of the foregoing, and of the promises and facts set forth herein, the parties desire to settle and resolve all claims, disputes, and obligations relating to the above-listed violations, and voluntarily agree to resolve this matter by means of this Agreement. Specifically, the ARB and Palm Springs agree as follows: II. TERMS AND RELEASE In consideration of the ARB not filing a legal action against Palm Springs for the violations referred to above, the ARB and Palm Springs agree as follows: (1) Upon execution of this Agreement, the sum of thirty-five hundred dollars ($3,500.00) shall be paid on behalf of Palm Springs as follows: $2,625.00 to the California Air Pollution Control Fund, $437.50 to the Peralta Community College District, and $437.50 to the California Pollution Control Financing Authority. Checks with the signed settlement agreement shall be sent to: Ms. Michele Burns, Investigator/Air Pollution Specialist Air Resources Board, Enforcement Division 9480 Telstar Ave., Suite 4 El Monte, CA 91731 (2) Palm Springs shall not violate Health and Safety Code Sections 43701 et. seq. and 44011.6 et seq., Title 13, California Code of Regulations, Sections 2180 et. seq., and 2190 et. seq. (3) Palm Springs shall have all staff responsible for the compliance with the Periodic Smoke Inspection Program (PSIP) and the Heavy Duty Vehicle Inspection Program (HDVIP) attend the California Council on Diesel Education and Technology (CCDET) class, as described on the ARB's webpage at www.arb.ca.gov/msprog/hdvip/hdvip,htm. This class is conducted by various California Community Colleges and instructs attendees on compliance with the PSIP and the HDVIP. Proof of CCDET completion shall be provided to the ARB within one year of the date of this settlement and shall also be maintained in each applicable Palm Springs employee's file for the term of his or her employment. (4) Palm Springs shall provide copies of all PSIP compliance records for the 2008 and the subsequent four calendar years thereafter to the ARB at the end of every calendar year. The ARB reserves the right to visit any Palm Springs fleet location at any time to conduct compliance audits for the HDVIP, PSIP, and other ARB diesel related programs. (5) Each heavy-duty commercial vehicle in the Palm Springs fleet shall have proof that its engine meets emissions standards at least as stringent as U. S. federal standards for its model-year by having a manufacturer emission control label (ECL) properly affixed to the engine, and also by maintaining their engine labels for Low NOx/Reflash. (6) Palm Springs shall instruct all employees who operate diesel fueled commercial vehicles to comply with the idling regulations set forth in CCR, Title 13, Section 2485. (7) No agreement to modify, amend, extend, supersede, terminate, or discharge this Agreement, or any portion thereof, is valid or enforceable unless it is in writing and signed by all parties to this Agreement. (8) Severability. Each provision of this Agreement is severable, and in the event that any provision of this Agreement is held to be invalid or unenforceable, the remainder of this Agreement remains in full force and effect. (9) This Agreement shall be interpreted and enforced in accordance with the laws of the State of California, without regard to California's choice-of-law rules. (10) Now therefore, in consideration of the payment on behalf of Palm Springs to the California Air Pollution Control Fund, the Peralta Community College District, and the California Pollution Control Financing Authority, the ARB hereby releases Palm Springs and their principals, stockholders, directors, officers, employees, agents, predecessors and successors from any and all claims for violations of Health and Safety Code Sections 43701 et. seq. and 44011.6 et seq.,Title 13, California Code of Regulations, Sections 2180 et. seq., 2190 et. seq., the ARB may have based on the circumstances described in paragraph (2) of the Recitals. The undersigned represent that they have the authority to enter into this Agreement. Califor Air Resources Board The City of Palm Springs By Name: Jam / yden, Chief Name: David H. Ready Title: Enforcement Division Title: City Ma ager Date: ��— �� _ 06) Date: /0 171 og APPROVED A>OtTg FORM; By: Title: ' f-