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2011 CON North Star Gas - Temporary Use Permit - Transfer Site
MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE CITY OF NATIONAL CITY AND NORTH STAR GAS LTD., COMPANY This Memorandum of Understanding ("MOU") is made and entered into this 8th day of December, 2011, by and between the City of National City, a municipal corporation (the "CITY"), and North Star Gas Ltd., Company, a California corporation ("NSG"). RECITALS 1. NSG obtained a Temporary Use Permit ("TUP") from the CITY's City Council on September 6, 2011, to operate a temporary transfer site at 2101 Tidelands Avenue, National City, at which NSG will operate a liquid propane ("LP") gas rail -to -truck transload facility for a period of twelve months (12) from the date first above written. 2. The TUP was granted subject to certain conditions, one of which being that NSG enter into an MOU with the CITY to memorialize the conditions of granting the TUP, as well as the understanding between the CITY and NSG relating to NSG's operations, including NSG's agreement to pay impact fees to the CITY to cover the costs of repairing wear and damage to the CITY's streets resulting from NSG's operations. NOW, THEREFORE, the CITY and NSG hereby agree as follows: A. NSG is authorized to operate a temporary LP gas rail to truck transload facility (the "Facility") on property owned by the BNSF Railway at 2101 Tidelands Avenue, National City, from 8:00 a.m. to 8:00 a.m. (24 hours), Monday through Friday, for a period of twelve months from the date first above written. B. NSG shall operate the Facility subject to the following conditions: 1. During the time that NSG operates the Facility, NSG shall pay the CITY an infrastructure impact fee (the "Fee") of Three Dollars ($3.00) per truckload of product transloaded and transported on National City streets. The Fee was determined according to the evaluation shown on Exhibit "A", attached hereto and incorporated herein by reference, to cover the calculated infrastructure impact upon city streets and is incremented, by mutual agreement, to cover any other incidental impacts. The Fee is mutually acknowledged as an alternative to sales tax that would to some extent, in ordinary circumstances, offset the impacts of the operation of the Facility and benefit the community. The Fee shall be paid quarterly, in advance, based on NSG's projections. At the end of each quarter, an accounting and conciliation shall be presented to the CITY's City Manager or his/her designee for approval prior to submittal of the following quarter's prepayment. Based upon said accounting and conciliation, NSG shall (a) in the event of an underpayment, pay to the CITY within fifteen (15) days an amount equal to the difference between the amount of the Fee based on NSG's projections, and the actual amount of the Fee owed based on the accounting, or (b) in the event of an overpayment, NSG shall receive a credit toward the next quarter's payment in an amount equal to said difference. 2. NSG shall meet or exceed all applicable fire, building, and other regulatory requirements for the lawful operation of the Facility. In the event of non-compliance, NSG shall correct any deficiency within ten (10) working days of receiving notice of the deficiency from the CffY's Code Enforcement -Officer or Fire Marshal. 3. NSG shall comply with all conditions of approval of the TUP, and shall be bound by all representations made in its application for the TUP, as set forth in Exhibit "B", attached hereto and incorporated herein by reference. 4. During the time that NSG operates the Facility, it shall maintain a current City of National City business license. 5. NSG shall defend, indemnify, and hold harmless the CITY, its officials and employees against and from any and all liability, loss, damages to property, injuries to or death of any person or persons, and all claims, demands, suits, actions, proceedings, attorney's fees, and defense costs, of any kind or nature, including worker's compensation claims of or by anyone whomsoever, resulting from or arising out of NSG's operations of the Facility; provided, however, that this indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the CITY, its officials, agents or employees. The indemnity, defense, and hold harmless obligations contained herein shall survive the termination of NSG's operation of the Facility for any alleged or actual omission, act or negligence that occurred while NSG operated the Facility. 6. NSG, at its sole cost and expense, shall purchase and maintain the following insurance policies: a. Automobile insurance, covering all bodily injury and property damage incurred during the time NSG operates the Facility, with minimum coverage of $2,000,000.00 (Two Million Dollars) combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles. The policy shall name the CITY and its officials and employees as additional insureds, and a separate additional insured endorsement shall be provided. b. Commercial General Liability insurance, covering all bodily injury and property damage incurred during the time NSG operates the Facility, with minimum coverage of $4,000,000.00 (Four Million Dollars) combined single limit per accident. The general aggregate limit shall apply solely to this "project" or "location". The policy shall name the CITY and its officials and employees as additional insureds, and a separate additional insured endorsement shall be provided. c. Worker's compensation insurance and employer's liability insurance in an amount sufficient to meet statutory requirements covering all of NSG's employees during the time NSG operates the Facility. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the CITY. Said endorsement shall be provided before NSG commences operation of the Facility. If NSG does not carry worker's compensation insurance because it has no employees subject to the California worker's compensation and labor laws, it shall provide the CITY with a declaration to that effect on a form provided by the CITY. d. The aforesaid insurance policies shall constitute primary insurance as to the CITY, its officials and employees, so that any other policies held by the CITY shall not contribute to any loss under NSG's policies. Said policies shall provide for thirty (30) days' prior written notice to the CITY before cancellation or material change. e. If required insurance is provided on a "claims made" rather than an "occurrence " form, NSG shall maintain such insurance coverage for a minimum of three (3) years after NSG discontinues its operation of the Facility. Memorandum of Understanding 2 City of National City and November , 2011 North Star Gas Ltd., Company f. Insurance shall be written with only California admitted companies that hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company of equal financial stability that is approved by the CITY's Risk Manager. g. NSG shall not commence operation of the Facility until certificate(s), or other sufficient proof that the aforesaid insurance provisions have been complied with, are filed with and approved by the City's Risk Manager. If NSG does not keep all of the aforesaid insurance policies in full force and effect during that time that it operates the Facility, the CITY may elect to treat the failure as a breach of the requirements of the TUP, and NSG shall terminate operation of the Facility. h. All deductibles and self -insured retentions applicable to the aforesaid insurance policies in excess of $10,000.00 (Ten Thousand Dollars) shall be disclosed to and require the approval of the CITY. 7. NSG shall provide notification(s) of its operations as required by the CITY and its departments, and divisions. 8. NSG shall access the Facility from the I-5 freeway, and use the Civic Center Drive exit to the north of Tidelands Avenue, and shall not use Bay Marina Drive as an access for truck traffic. 9. NSG shall not allow parking of trucks on National City streets for staging purposes, and shall not store trucks or trailers in the City of National City. Any staging shall be on private property, and trucks shall not idle for more than five (5) minutes while stopped. 10. In its operation of the Facility, NSG shall meet or exceed all applicable air and water quality and noise pollution laws and regulations. C. Except as expressly provided herein, this MOU shall not confer any rights upon, or obligate either of the parties hereto, to any person or entity other than the parties hereto. D. The terms of this MOU may not be modified or amended except by an instrument in writing executed by the parties hereto. E. This MOU shall not be assigned by either party without the prior written approval of the other party. F. This MOU shall be binding upon the successors and assigns of the parties hereto. G. This MOU supersedes any prior MOU's, agreements, negotiations or communications, oral or written, between the parties as to the subject matter hereof. No subsequent MOU, agreement, representation or promise made by either party hereto, or by or to an employee, officer, agent or representative of either party hereto, shall be of any effect unless it is in writing and executed by persons authorized to bind the parties. H. The parties hereto acknowledge and agree that (a) each party is of equal bargaining strength; (b) each party has actively participated in the drafting, preparation and negotiation of this MOU; (c) each party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this MOU; (d) both parties and their respective counsel and advisors have reviewed this MOU and have agreed to enter into this MOU following such review; and (e) any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this MOU, or any part hereof or amendment hereto. Memorandum of Understanding City of National City and November 2011 North Star Gas Ltd., Company I. During the time that NSG operates the Facility, it shall (a) comply with all applicable state and federal statutes and regulations, and all applicable ordinances and regulations of the City of National City; and (b) maintain all licenses, permits, qualifications and approvals of whatever nature that are required to operate the Facility. J. The term of this MOU and the TUP shall be for twelve (12) months, beginning on the date first above written. The TUP and this MOU may be extended upon application by NSG and approval by the CITY's City Council, provided that an extension will be considered only in the event that NSG is actively pursuing the development of a permanent LP gas rail -to - truck transload and retail sale facility in the City of National City, of the type that will generate sales tax revenue to the City of National City. K. Any notice, document, or formal communication that either party desires to give to the other party under this MOU must be in writing and may be given by any commercially acceptable means to the party to whom the notice, document, or formal communication is directed at the address of the party as set forth below, or at any other address as that party may later designate by notice in compliance with this section. To the CITY: With a copy to: To NSG: City of National City 1243 National City Boulevard National City, CA 91950 Attn: Chris Zapata, City Manager City of National City 1243 National City Boulevard National City, CA 91950 Attn: Claudia Gacitua Silva, City Attorney North Star Gas Ltd. Company 2279 Costa Este San Diego, CA 92154 Attn: Don Smith, President (Continued on next page) Memorandum of Understanding City of National City and November , 2011 North Star Gas Ltd., Company IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Understanding on the date and year first above written. CITY OF NATIONAL CITY By: Ron Morrison, Mayor APPROVED AS TO FORM: Claudia Gaci a ' ilva City Atto NORTH STAR GAS LTD., COMPANY (Signatures of two co orate office reguir) By: (Name) By: /77 (Print) PR' Pz ID (Title) (Print) (Title) Memorandum of Understanding City of National City and November , 2011 North Star Gas Ltd., Company John Hoegemeier October 17, 2011 Truck Trip Impacts and Cost Allocation North Star Gas LPG Transload Facility National City, CA Trans Consult EXHIBIT "A" Introduction The purpose of this study is to assign impacts and marginal costs associated with additional truck trips related the proposed North Star Gas LPG transload facility in National City. For the purpose of this study, the average pavement damage costs are considered the same as the marginal costs. Location and Truck Route The facility will be located at the northeast corner of 19th St. and Tidelands Ave. Trucks moving to and from this facility will be using Interstate 5, and accessing the facility using Civic Center Drive and Tidelands Avenue. Each truck trip from Interstate 5 to the transload site will be 3500' on City streets, or 0.66 miles. Calculations of Pavement Damage Costs Any major project can impose impacts on the local community infrastructure and transportation system. Projects which introduce additional truck trips are frequently evaluated to determine additional pavement damage on local streets.' The Federal Highway Administration Cost Allocation Study provided a figure 0f $0.409 per mile for a loaded truck on an urban interstate.2 However, that would not be consistent with the type of pavement found on the streets where these trucks will operate. This figure has been used in other reports to calculate the impacts on regional freeways and is likely to understate the impacts on urban local streets. The State of Washington did a detailed analysis to determine the impacts of rail abandonment on rural roads in 2003 titled Eastern Washington Grain Hauling Short Line Railroads.3 The methodology used by the author, Denver Tolliver, has been used in many subsequent studies. This report used AASHTO figures to determine the Equivalent Single Axle Load (ESAL) for pavements similar to those on which these trucks would operate (Tidelands and Civic Center). The pavement type for a rural arterial is similar to that of an urban arterial. This information was used to calculate the estimated pavement damage from trucks for this project. For the National City North Star Gas project, the fee was calculated using the pavement damage cost per ESAL from the Washington Report. This report used year 2000 nationwide numbers. The costs were escalated using the US Army Corps of Engineers Construction Cost Index from 2000 to 2011,4 and also added the cost multiplier for the higher costs within the State of California from the same source. The final calculations are in the table below: Factor Cost ( or multiplier) Source Cost per ESAL $0.46 Washington State Report Cost per 5 axle truck $1.14 Washington State Report Cost escalator 1.46 USACE Cost Index California escalator 1.18 USACE Cost Index Mileage per round trip 1.32 miles Calc. 0.66 x 2 Total Cost per Truck Trip $2.59 Guidebook for Assessing Social & Economic Effects of Transportation Projects, 2 Addendum to the 1997 Federal Highway Cost Allocation Study Final Report. 3 Eastern Washington Grain Hauling short Line Railroads 4 Engineering and Design - Civil Works Construction Cost Index System (CWCCIS) Bibliography Addendum to the 1997 Federal Highway Cost Allocation Study Final Report. U.S. Department of Transportation; Federal Highway Administration, Washington, DC, May 2000. Eastern Washington Grain Hauling short Line Railroads, Tolliver, D, Washington Department of Transportation, Olympia, WA, 2003 Engineering and Design - Civil Works Construction Cost Index System (CWCCIS), Publication Number: EM 1110-2-1304, US Army Corps of Engineers, Washington DC, March 2000 (Tables Revised: September 2011) Guidebook for Assessing Social & Economic Effects of Transportation Projects, Forkenbrock, D.and G. Weisbrod. NCHRP Report 456, National Academy Press. 2001 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 6, 2011 AGENDA ITEM NO. i TEM TITLE: TEMPORARY USE PERMIT — Request from North. Star Gas LTD Company to operate a temporary transfer site at 2101 Tidelands Avenue from September 20, 2011 to September 20, 2012 with no waiver of fees. PREPARED BY: Vianey Roion PHONE: (619) 336-4364 EXPLANATION: DEPARTMENT: Nei. •or ood Services Division APPROVED BY: This is a request from North Star Gas Ltd. Company to conduct a Temporary Operation in which North Star will receive railroad cars in the BNSF railroad property designated for fuel transfer. The railcars will be connected with industry standard equipment to tanker trucks and discharged into the trucks. Daily site inspection and cleaning will be performed by site staff. The facility will have fencing and gates to restrict access and secure the site. Please see attached technical overview of North Star Gas LTD phased development. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: r1'he City has incurred $237.00 for processing the TUP. Fire inspection fees TBD. Total Fees are $237.00 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions and requirements of approval with no waiver of fees. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: _ nccation for a Temporary Use Permit with recommended approvals and conditions and requirements of approval. EXHIBIT "B" Type of Event: _ Public Concert Parade _ Motion Picture Fair Demonstration _ Grand Opening Festival Circus Actual Event Hours: R.-o am/pm to R' O am/pm Setup/assembly/construction Date: ,//07 Start time: _ Community Event Block Party Event Title: /(/�r/ _c7Gr" 6:1 C/ !`9/ 4 /,1,\ Event Location: /,4 /e- r %r� gGy R-Y 'f 74i ��yy ri /6, A (putt bd /i v Event Date(s): From 9/-7V/to Total Anticipated A endance: Month/Day/Y ar ( _5Participants) Spectators) Please describe the scope of your set/assembly work (specific/cidetails)://�fiiN✓ �/4,aae G4Qfri;?J1t[°lI fZab/P/%�,Z/Z. 0TJ%2-G Dismantle Date: Completion Time: am/pm List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. Sponsoring Organization: 11%), Gt ,� Gr /T/ ( . Chief Officer of Organization (Name) /R i ,514'7/ / 4 Applicant (Name): m�/% a f Address: 22 7 ?,4umii4 T ff_.i -e For Profit Not -for -Profit Daytime Phone: (ip/ ') t, 5Z ,726S Evening Phone: ( ) / Fax: (4I) 7J j) j //S_ Contact Person "on site" day of the event: /r/P7/4'// /, .Jr.47 41Y Pager/Cellular: 6,./ NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 1 Is your organization a "Tax Exempt, nonprofit' organization? _ YES NO Are admission, entry, vendor or participant fees required? YES NO If YES, please explain the purpose and provide amount(s): Estimated Gross Receipts including ticket, product and sponsorship sales from this event. Estimated Expenses for this event. What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. (X/- Imo/, // ieG e/e %/.i!/Dgff C.a/'S i h TAP ✓61//rA r,-/p'77/y 1,'s na/67,47- 1/e;r s �� irdea s /4(// /� ,Iimrts i /�////7_sh-1, Gr71 kf/ fifth!%; 7LD 4'0�f ✓G�G�iS GiiSG4.7 c/ ;1i a 7 h ✓GAG S> C�.// ,4 '/ d// �e i/�D d d. _ YES NO If the event involves the sale of cars, will the cars come exclusively from National City ar dealers? If NO, list any additional dealers involved in the sale: YES NO Does the event involve the sale or use of alcoholic beverages? _ YES X_ NO Will items or services be sold at the event? If yes, please describe: - YES X NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. XYES _ NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. _ YES NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies Sizes NOTE: A separate Fire Department permit is required for tents or canopies. YES Z,NO Will the event involve the use of the City stage or PA system? In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: > Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. > Food Concession and/or Food Preparation areas Please describe how food will be served at the event: If you intend to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL OTHER (Specify): > Portable and/or Permanent Toilet Facilities Number of portable toilets: / (1 for every 250 people is required, unless The applicant can show that there are facilities in the immediate area available to the public during the event) > Tables and Chairs > Fencing, barriers and/or barricades > Generator locations and/or source of electricity > Canopies or tent locations (include tent/canopy dimensions) > Booths, exhibits, displays or enclosures > Scaffolding, bleachers, platforms, stages, grandstands or related structures > Vehicles and/or trailers > Other related event components not covered above > Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: 3 Please describeri/your procedures for both Crowd Control and internal Security: kid/ 6'/G �/P ��i/liili(y �jai`s ie5:71i Gil Gpe5 CG5 aria/ vGG(re �</71e _ YES AC NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: YES _ NO Is this a night event? If YES, please state how the event and surrounding area will b ilium natpd to ensure safetypf the participants a'd 'ect ors: J / a Jti� ooeir kJ' /hs afea /'14 < Please indicatg what a ang�rrr1ent yo have de for providing First Aid 9tapi9g and Equippent. 3. e r ;y �/ 047- G✓i %/ P a4i/a 4 /e/e..”dtopf /r' 1 me Lv/i//Aye ors/ C�/i/.?CfT;1�G� � off �5 !�G'�dS �6G1�°/S yAn_� Please describe your AccessibiliV Plan fora cess at your event by in ividuals with disabifties: JQ i J e iX r Dj2//fl a/7 4 d fai%"id Please provide a detailed description of your PARKIN plan: , Zt-t/c)71y frz-rE k4: G/// /� �,S'�G,re d/! tiro 7r0 G'12�ffi7/S Grli //1,e .s./�� 4.4(2 , 1.. �Pdl �2t`O'e !Q 5/7 /aa Grp' CSC Please escnbe your plan f& DI ABLED PARKING: rill/ to pt'71 Qi j / ,,,,// 4 Please describe your plans to notify all residents, businesses and churches impacted by the event: exrSi1' a7TiG l w5 0, a,`kiii iAT -P i>z4ffir/ ?/PQ. NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. — YES XNO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: Number of Bands: Type of Music: _ YES yNO VVBll sound amplification be used? If YES, please indicate: Start time: am/pm Finish Time am/pm _ YES XNO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: am/'pm Finish Time am/pm Please describe the sound equipment that will be used for your event: YES NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: _ YESx NO Any signs, banners, decorations, special lighting? If YES, please describe: Revised 08/10/05 5 Event: For Office 'Use ()wry Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department 6 August, 2011 1 Trans0Consult North Star Gas Phased Development Proposal: 1. North Star Gas, .a California Corporation, proposes a first phase development of a temporary, rail to truck loading operation in the Tidelands Industrial Area. • One of various sites reviewed, an unused BN.SF facility, has garnered favorable consensus with National City Authorities, B•NSF, and NSG. • The Phase I: temporary operation will utilize fueling and scale services of a local vendor and employ 20 to 30 people. 2. NSG coordinated with National City authorities on permit structure for the temporary operation and is now developing a separate, permanent Phase II. project for a retail point of sale operation. • The Phase II: permanent operation will generate sales tax revenue for the City in excess of $1 M annually. . 3. North Star Gas, will meet Local, State, Federal and BNSF safety and regulatory requirements to operate the services and provide Tong term value added to the community. TransKConsult 2 North Star Gas Phase I - Temporary Operation: Location and Truck Access: 2101 Tidelands Ave. 1. Site Location 2. Access Route 3. Egress Route 4. Fueling & Scale 5. Truck Staging O Existing truck traffic in the industrial area far exceeds the traffic generated by this facility, which at a maximum would generate 30 trips per day. No street parking is used for the operation. Trucks will be staged at the site location or Railroad team track area. 3 Trans Consult North Star Gas Phase I - Temporary Operation Site Layout: 2101 Tidelands Ave. • BNSF Tidelands unoccupied tracks • Area will be Fenced and Gates repaired • Existing Ingress & Egress on Tidelands Av. • Site to be cleaned and improved 4 Trans Consult North Star Gas Phase I - Temporary Operation Typical Operation 5 Trans®Consult North Star Gas Phase I -- Temporary Operation: Description of Activities I . Railcar Discharge Operation (Demand and Service Based Hours) a. Empty railcars will be removed and Toads positioned from San Diego rail yard by BNSF daily (typically mid -morning) b. Railcars are inspected and approved for discharge. c.. Transload trailer is positioned adjacent to railcar. d. Truck is positioned adjacent to Transload trailer and inspected e. Groundingand hose connections are made and checked. f. Truck loading requires approximately 2 hours per truck. g. Full trucks are disconnected, inspected and dispatched immediately. 2. Truck Operation: a. Truck fleet complies with CARB requirements. b. Trucks will idle under 5 minutes or be shut down. c. Carousel operation will minimize Trucks in the terminal during the day. d. BNSF has provided additional off street parking for truck staging if necessary. No on -street parking will be utilized. Trans3Consult Operation Registrations and Approvals: 1. No product storage: only direct, daily transload of railcars to trucks. 2. Facility meets CA Fire Code setback requirements for permanent storage although storage is not required for this operation. 3. Truck tanks and Railcars are DOT registered and inspected. 4. North Star Gas is US DOT and CHP registered for Hazmat operation. 5. Exclusive use of area: facility is being fenced to restrict access. 6. SD HM Business Plan in process as required. 7. Equipment is new, industry standard, explosion proof with triple redundant valves on rail and truck tanks and available for inspection. 8. Fire Marshall review and permit approval in process at time of submittal. TransjConsult North Star Gas Phase I - Temporary Operation: Operating Personnel: 2$ Jobs Created Terminal Organization Structure .Responsibilities Facility Manager (On Site.) Terminal Operator (Shift I) Terminal Safety, Operation, Documentation, Communication, Administration, Co. Representative Truck & Rail Transportation Programming & Documentation Manager Backup: Admininsration & Corporate Representation Terminal Safety, Operation, Documentation (Operational), Emergency Communications Terminal Safety, Operation Emergency Communications 1. Up to 15 Truck Operators will be hired to support this operation or alternate trucking routes. 2. Multiple Shift Operation will require duplicate terminal staff assume 2 shifts or 8 positions. 3. Management and administrative and support staff/service providers will add 5 more positions TransjConsult Transload Facility Operator Training: Operators have appropriate safety and response training and certificationas required and recommended: 1. Use of Personal Protective Equipment DOT CFR 49 173.31 2. OSHA CFR29 1910.120 Health and Safety 3. HAZCOM 4. Fire Extinguisher Operation 5. CPR/First Aid 6. Emergency Response Plan 7. •Security Plan 8. Facility Operation Plan 9. BNSF Railroad Safety Training 9 Trans,Consult Transload Unit Features: Self -Contained Portable Trans -loader 1. Remote Generator: CARB Compliant 2. Power shuts down & valves close in case of disconnect/depressurization 100% sealed loop transfer process with no product release. 4. Remote shut down station Autonomous Portable Unit: Equipment & Process are compliant with: OSHA, NFPA 58, DOT, FRA, CARB, CA Fire, Mechanical, HM Codes PPE, Railroad Safety, and Emergency Equipment in Unit Railcar, rail, unit & truck grounded 10 Tren5 Consult PPE, railings, access bridges and other safety appurtenances in compliance with applicable regulations. 11 Triple redundant, industry standard safety valves: 1. Manual valves for normal operation 2. Internal tank automatic excess -flow cut-off valves on truck and railcar 3. Snappy Joe TM Air Controlled Safety Valves for remote control and automatic emergency shut off Trans(;Consult HAZARDOUS MATERIALS BUSINESS PLAN For Review by National City Fire Department Prior to Filing with. County of San Diego Department of Environmental Health, Hazardous Materials Division �~6,'=i "�` "1Wj1• Yrggri 4,o«' t th fa i ( j SAN DIEGO REGIONAL HAZARDOUS MATERIALS QUESTIONNAIRE OFFICE USE ONLY HV# BP DATE B ess Name Business Contact Telephone # Star Gas Ltd. Co. Clemente Couturier (619) 632-7205 x r,,,-,3Address City State Zip Code 2101 Tidelands Avenue Chula Vista Cd 91950- APN# Mailing Address City State Zip Code P.O. Box 210005 Chula Vista CA 91921- Plan File# Project Contact Telephone # Clemente Couturier (619) 632-7205 x The fnllnwin Ihactinns 'I' ' g q represen e '- rty s activrbes, NOT the specific project description. ART 1: FIRE DEPARTMENT - HAZARDOUS MATERIALS DIVISION: OCCUPANCY CLASSIFICATION: Indicate by circling the item, whether your business ill use, process, or store any of the following hazardous materials. If any of the items are circled, applicant must contact the Fire Protection Agency with risdiction prior to plan submittal. Facility's Square Footage (including proposed project): 56,500 Occupancy Rating: (N/A) 1. Explosive or Blasting Agents 5. Organic Peroxides 2. Compressed Gases 6. Oxidizers 3. Flammable/Combustible Liquids 7. Pyrophorics 4. Flammable Solids 8. Unstable Reactives 9. Water Reactives 13. Corrosives 10. Cryogenics 14. Other Health Hazards 11. Highly Toxic or Toxic Materials 15. None of These. 12. Radioactives ART II: SAN DIEGO COUNTY DEPARTMENT OF ENVIRONMENTAL HEALTH - HAZARDOUS MATERIALS DIVISIONS (HMD): If the answer to any of the restions is yes, applicant must contact the County of San Diego Hazardous Materials Division, 5500 Overland Avenue, Suite 110, San Diego, CA 92123. all (858) 505-6700 prior to the issuance of a building permit. =ES ARE REQUIRED. Project Completion Date: Expected Date of Occupancy: YES NO (for new construction or remodeling projects) ❑ N Is your business listed on the reverse side of this form? (check all that apply). ❑ N Will your business dispose of Hazardous Substances or Medical Waste in any amount? N ❑ Will your business store or handle Hazardous Substances in quantities equal to or greater than 55 gallons, 500 pounds 200 cubic feet, or carcinogens/reproductive toxins in any quantity? Date Initials ❑ N Will your business use an existing or install an underground storage tank? O N Will your business store or handle Regulated Substances (CatARP)? ❑ N Will your business use or install a Hazardous Waste Tank System (Title 22, Article 10)? ❑ ® Will your business store petroleum in tanks or containers at your facility with a total facility storage capacity equal to or greater than 1,320 gallons? (California's Aboveground Petroleum Storage Act). CaIARP Exempt / Date Initials 0 CaLARP Required / ❑ CaIARP Complete Date Initials kt .,1: SAN DIEGO COUNTY AIR POLLUTION CONTROL DISTRICT; If the answer to any of the questions below is yes, applicant must contact the Air illut]on Control District (APCD), 10124 Old Grove Road; San Diego, CA 92131-1649, telephone (858) 586-2600 prior to the issuance of a building or demolition :unit Note: if the answer to questions 4 or 5 is yes, applicant must also submit an asbestos notification form to the APCD at least 10 working days prior to .mmencing demolition or renovation, except demolition or renovation of residential structures of four units or less. Contact the APCD for more information. YES NO ❑ N Wifi the subject facility or construction activities include • operations or equipment that emit or are capable of emitting an air contaminant? (See the APCD factsheet at http://www.sdaocd,orgrnfo/factslpermits.pdf, and the list of typical equipment requiring an APCD permit on the reverse side of this from. Contact APCD if you have any questions). ❑ 0 (ANSWER ONLY IF QUESTION 1 IS YES) Will the subject facility be located within 1,000 feet of the outer boundary of a school (K through 12)? (Search the California School Directory at http://www.cde.ca.00v/re/sd/ for public and private schools or contact the appropriate school district). B® Has a survey been performed to determine the presence of Asbestos Containing Materials? ® Will there be renovation that involves handling of any friable asbestos materials, or disturbing any material that contains non -friable asbestos? ❑ N Will there be demolition involving the removal of a load supporting structural member iefly describe business activities: rect Discharge of LPG from Railcars into Truck eclare under penalty of perjury that to the best of my knowledge and belief tt ime of Owner or Authorized Agent Briefly describe proposed project: Temporary LPG transfer from railcar to trucks. e responses made herein are true and correct. Signature of Owner or Authorized Agent - Date 2E DEPARTMENT OCCUPANCY CLASSIFICATION: FOR OFFICAL USE ONLY: DATE: EXEMPT OR NO FURTHER INFORMATION REQUIRED RELEASED FOR BUILDING PERMIT BUT NOT FOR OCCUPANCY RELEASED FOR OCCUPANCY COUNTY-HMD' APCD- COUNTY-HMD APCD COUNTY-HMD APCD stamo in this bnY nnty PYPrnnrC hucinccecc rr..... .........I,..:.... _...-.,_.,__ _ el_ _ . - atenals Business an. Other permitting requirements may still apply. 1-917] (02/11) r'.nnniv of ,:an 7lfoon _ rIAU COUNTY OF SAN DIEGO CUPA DEPARTMENT OF ENVIRONMENTAL HEALTH HAZARDOUS MATERIALS DIVISION P.O. BOX 129261, SAN DIEGO, CA 92112-9261 (858) 505-6880 FAX (858) 505-6848 BUSINESS ACTIVITIES / / Date Submitted Page L FACILITY IDENTIFICATION FACILITY ID 4 3 7 0 0 0 EPA ID k (Hazardous Waste Only) BUSINESS NAME (Same as FACILITY NAME or DBA-Doing Business As) North Star Gas Ltd, Co: BUSINESS SITE ADDRESS 2101 Tidelands Avenue 103 BUSINESS SITE CITY National City 104 CA ZIP CODE 91950 105 II. ACTIVITIES DECLARATION NOTE: If you check YES to any part of this list, please submit the Business Owner/Operator Identification page. Does your facility. A. HAZARDOUS MATERIALS Have on she (for any purpose) hazardous materials at or above 55 gallons for liquids, 500 pounds for solids, or 200 cubic feet for compressed gases (include liquids in ASTs and USTs); or the applicable Federal threshold quantity for an exticutely hazardous substance specified in 40 CFR Part 355, Appendix A or B; or handle radiological materials in quantities for which an emergency plan is required pursuant to 10 CFR Parts 30, 40 or 70? B. REGULATED SUBSTANCES Have Regulated Substances stored onsite in quantities greater than the threshold quantities established by the Califomia Accidental Release Prevention (Ca1ARP) Program? C. UNDERGROUND STORAGE TANKS (USTs) Own or operate underground storage tank? D. ABOVE GROUND PETROLEUM STORAGE Store greater than or equal to 1,320 gallons of petroleum products (new or used) in above ground tanks or containers? If Yes,. please complete these pages of the UPCF.... ®YES ❑NO 4 ❑ YES ® NO 4a ❑ YES ElNO •5 ❑YES ®NO 8 HAZARDOUS MATERIALS INVENTORY - CHEMICAL DESCRIPTION HM-9703 Coordinate with your local agency responsible for CaIARP. (Risk Management Plan) UST FACILITY (Fogy swxca Fin,. A) HM-9715 UST TANK(ooepage per tank -ParmelyFern. B)HM-9717 NO ADDITIONAL FORM REQUIRED TO CUPAS (me a. o01k) E. HAZARDOUS WASTE • Generate hazardous waste? • Recycle more than 100 kg/month of excluded or exempted recyclable materials (per HSC 25I43.2)? • Treat hazardous waste on site? • Treatment subject to financial assurance requirements (for Permit by Rule and Conditional Authorization)? • Consolidate hazardous waste generated at a remote site? • Need to report the closure/removal of a tank that was classified as hazardous waste and cleaned onsite? • Generate in any single calendar month 1,000 kilograms (kg) (2,200 pounds) or more of federal RCRA hazardous waste, or generate in any single calendar month, or accumulate at any time, 1 kg (2.2 pounds) of RCRA acute hazardous waste; or generate or accumulate at any time more than 100 kg (220 pounds) of spill cleanup materials contaminated with RCRA acute hazardous waste? • Household Hazardous Waste (III-1W) Collection site? ❑ YES NO 9 ❑ YES ® NO 10 ❑YES ®NO 11 ❑ YES ® NO 12 ❑YES ®NO 13 ❑ YES ® NO 14 ❑ YES NO 14a ❑ YES ® NO 14b EPA ID NUMBER - provide at the top of this page RECYCLABLE MATERIALS REPORT (ooe per recycle') HM-9713 ONSITE HAZARDOUS WASTE TREATMENT - FACILITY HM-9705 ONSITE HAZARDOUS WASTE TREATMENT - UNIT (one page per uoi) HM-9706 CERTIFICATION OF FINANCIAL ASSURANCE HM-9707 REMOTE WASTE / CONSOLIDATION SITE ANNUAL NOTIFICATION HM-9714 HAZARDOUS WASTE TANK CLOSURE CERTIFICATION HM-9704 Obtain federal EPA ID Number, file Biennial Report (EPA Form 8700-13A/B), and satisfy requirements for RCRA Large Quantity Generator. See CUPA for required forms. F. LOCAL REQUIREMENTS • MEDICAL WASTE Generate <200 lbs/month ofMedicalBiohazardous Waste? Generate >200 lbs/month of MedicalBiohazardous Waste? Generate ?200 lbs/month of MedicalBiohazardous Waste and treat any amount of medical waste? • HANDLE TOXIC GASES with threshold limit value (TLV) < 10 ppm in any quantity? El YES ®NO ❑YES ®NO ❑ YES ® NO ❑YES ®NO HM-9701-UPCF-Business Activities (02/11) COUNTY OF SAN DIEGO CUPA «er DEPARTMENT OF ENVIRONMENTAL HEALTH t"'? 1 o ° HAZARDOUS MATERIALS DIVISION 08/06/11 %"- / P.O. BOX 129261 SAN DIEGO CA 92112-9261 'k� Date Submitted �;;..e. 7.• (858) 505-6880 FAX (858) 505-6848 HAZARDOUS MATERIALS INVENTORY - CHEMICAL DESCRIPTION batting Of sea) (One` APagee ®ADD ■ DELETE I♦ REVISE 2ao 1 of f 1 1. FACILITY INFORMATION BUSINESS NAME (Same as FACILITY NAME or DBA — Doing Business As) 3 North Star Gas Ltd. Co. CHEMICAL LOCATION 2m SEE SITE MAP/PLAN CHEMICAL LOCATION CONFIDENTIAL 202 EPCRA ■ YES 0 NO FACILITY ID 4 3 7 0 0 0 MAPH (opii..1) 203 NOT USED GRID4 Optiorel) 204 NOT USED I CHEMICAL INFORMATION CHEMICAL NAME 205 TRADE SECRET ■ YES 0 NO 206 It -Subject to3TCRA, refer minstructions COMMON NAME 207 Propane 208 EHS' 0 YES �5 NO CASH 209 74-98-6 'Tf EHS is "Yes", a0 amounts below must be in lbs. FIRE CODE HAZARD CLASSES (Complete if required by CUPA) 210 NOT REQUIRED BY SAN DIEGO COUNTY HAZARDOUS MATERIAL ® a PURE ❑ b. MIXTURE ❑ c. WASTE zl 1 TYPE (Check one item only) RADIOACTIVE 212 d Yes ®No 213 CURIES PHYSICAL STATE 0 a SOLID 10 b. LIQUID ❑ a GAS 214 ,mk one itemonly) LARGEST CONTAINER 30000 215 Al HAZARD CATEGORIES 216 (Check all that apply) El a FIRE 0 b_ REACTIVE 10 c. PRESSURE RELEASE 0 d ACUTE HEALTH ❑ e. CHRONIC HEALTH AVERAGE DAILY AMOUNT 217 (stored on site) 40000 MAXIMUM DAILY AMOUNT 218 (stored on site) 180000 ANNUAL WASTE AMOUNT 219 STATE WASTE CODE 220 UNITS' El a GALLONS ❑ b. CUBIC FEET ❑ c. POUNDS ❑ d. TONS 221 (Check one item only) • If EIS, amount mast be in pounds. DAYS ON S11 h: 2�2 365 STORAGE ❑ a ABOVE GROUND TANK 0 e. PLASTIC/NONMETALLIC DRUM ❑ i. FIBER DRUM ❑ nn GLASS BOTTLE ® q. RAIL CAR CONTAINER 0 b. UNDERGROUND TANK ❑ L CAN ❑ j_ BAG ❑ n. PLASTIC BOTTLE ® r. OTHER 0 c. TANK INSIDE BUILDING 0 g CARBOY ❑ k. BOX 0 o_ TOTE BIN ❑ d. SI I:EI. DRUM ❑ h. SILO ID❑ p. TANK WAGON L CYLINDER 223 STORAGE PRESSURE 0 a. AMBIENT N b. ABOVE AMBIENT 0 c. BELOW AMBIENT 224 STORAGE TEMPERATURE ® a AMBIENT 0 b_ ABOVE AMBIENT 0 c. BELOW AMBIENT ❑ d CRYOGENIC 225 %WT HAZARDOUS COMPONENT (For mixture or waste only) EHS CAS 4 226 227 228 ❑ Yes ❑ No zz9 230 2 231 232 ❑ Yes IN No 233 234 3 235 236 ■ Yes ■ No 237 238 4 239 240 ❑ Yes ■ No 241 242 5 243 244 ❑ Yes •No 245 )ITIONAL LOCALLY COLLEC 1'El) INFORMATION 246 L CHECK THIS BOX IF THIS HAZARDOUS MATERIAL IS A TOXIC GAS THAT HAS A THRESHOLD LIMIT VALUE (TLV) < 10 ppm. THIS HAZARDOUS MATERIAL MUST BE INVENTORIED IN ANY QUANTITY. ■ CHECK THIS BOX IF THIS HAZARDOUS MATERIAL IS SUBJECT TO RMP REQUIREMENTS AND/OR CAL/ARP REQUIREMENTS IIM-9703 (02/11) UPCF-Hazardous Materials Inventory —Chemical Description COUNTY OF SAN DIEGO CUPA Alr`t�-°-"E T" DEPARTMENT OF ENVIRONMENTAL. HEALTH .fty<< \1gr HAZARDOUS MATERIALS DIVISION 6,,,, ,,.`.?G='� , P.O. BOX 129261, SAN DIEGO, CA 92112 9261 (858) 505-6880 FAX (858) 5056848 BUSINESS OWNER/OPERATOR IDENTIFICATION. I _IN._ _____ I. IDENTIFICATION FACILITY ID # I 3 7 0 0 0 ' BEGINNING DATE 100 2011-08-06 ENDING DATE Io1 2012-08-06 BUSINESS NAME (same asFACILITY NAME or DBA- Doing Business As) 3 North Star Gas Ltd. Co. BUSINESS PHONE 102 (6l9) 632-7205 BUSINESS SITE ADDRESS 103 2101 Tidelands Avenue BUSINESS FAX 102a (619) 710-1415 BUSINESS SITE CITY 704 National City CA ZIP CODE 195 91950 COUNTY 108 San Diego DUN & BRADSTREET 106 PRIMARY SIC 107 5171 PRIMARY NAICS IN. 424710 BUSINESS MAILING ADDRESS 2279 Avenida Costa Este 108s BUSINESS MAILING CITY 10815. San Diego STATE CA l0& ZIP CODE 1084 92154- BUSINESS OPERATOR NAME 109 North Star Gas Ltd. Co. BUSINESS OPERATOR PHONE u0 H. BUSINESS OWNER OWNER NAME " OWNER PHONE 112 OWNER MAILING. ADDRESS 113 CITY ll4 STATE 175 ZIP CODE 1'. M. ENVIRONMENTAL CONTACT CONTACT NAME 117 Clemente Couturier CONTACT PHONE 118 (619) 632-7205 CONTACT MAILING ADDRESS 119 2279 Costa Este CONTACT EMAIL* 1193 cgcouturier@nortbstargasltd.com CITY 120 San Diego STATE 121 CA ZIP CODE 122 92154- -PRIMARY-- IV. EMERGENCY CONTACTS —SECONDARY- NAME 123 Clemente Couturier NAME 128 Don Smith TITLE 124 Business Manager TITLE 129 President BUSINESS PHONE 125 (619) 632-7205 x - BUSINESS PHONE 130 24-HOUR PHONE* 126 (619) 632-7205 x 24-HOUR PHONE* 131 4344662528 PAGER # 127 PAGER # 132 ADDITIONAL LOCALLY COLLECTED INFORMATION: E-MAIL: * cgcouturier@northstargasltd.com * dsmith@northstargasltd.com 'ibis information will remain confidential. ALWAYS SUBMIT A COPY OF THIS COMPLETED PAGE WITH SUBMITTAL OF ANY OTHER UNIFIED PROGRAM CONSOLIDATED FORM. Certification: Based on my inquiry of those individuals responsible for obtaining the information, familiar with the information submitted and believe the information is true, accurate, and I certify ender penalty of law that I have personally examined and am( complete. SIGNATURE OF OWNER/OPERATOR OR DESIGNATED REPRESENTATIVE DATE 134 2011/08/06 NAME OF DOCUMENT PREPARER 135 Ed Palmer 136 NAME OF SIGNER (KILO Clemente Couturier TITLE OF SIGNER 137 Business Manager HM-9702 (02/1)) -UPCF-Business Owner/Operator Identification n I COUNTY OF SAr, JIEGO CUPA Department of Environmental Health -Hazardous Materials Division THOMAS BROS COORDINATES BUSINESS_NAME NORTH STAR GAS LTD. CO, BUSINESS ADDRESS 2279 AVENIDA COSTA ESTE HM-952 (02/11) SITE MAP (Page 1 of 3 ) UPFP # DATE 08/06/2011 Zrp CODE 92154 .HHaida`on Aw OFFICE USE ONLY REVIEWED BY: North Star Gas Transload Operation 2101 Tidelands Av, National City 91950 31 COUNTY OF SAN DIEGO CUPA Department of Environmental Health -Hazardous Materials Division THOMAS BROS COORDINATES SITE MAP (Page 2 BUSINESS NAME NORTH STAR GAS LTD. CO. DATE 08/06/2011 BUSINESS ADDRESS 2279 AVENIDA COSTA ESTE ZIP CODE 92154 of 3 ) UPFP # OFFICE USE ONLY REVIEWED BY: COUNTY OF S. DIEGO CUPA Department of Environmental Health -Hazardous Materials Division THOMAS BROS COORDINATES BUSINESS NAME NORTH STAR GAS LTD. CO. SITE MAP (Page 3 DATE 08/06/2011 BUSINESS ADDRESS 2279 AVENIDA COSTA ESTE ZIP CODE 92154 HM-952 (02/11) .............................................. .............. ..... .......•••" r I TRANSLOAD OPERATION ............ of3 ). UPFP# OFFICE USE ONLY REVIEWED BY: ........................................................................ ......................................................... TIDELANDS AVENUE AREA J • • • . :• •,• 31 HAZARDOUS MATERIALS BUSINESS PLAN II. EMERGENCY RESPONSE PLAN Ate: 816/2011 UPFP# Business Name: North Star Gas Ltd. Co. Business Site Address: 2101 Tidelands Avenue, National City, 91950 Business Telephone: (619) 632.7205 24-1-1our Number: (619) 632 - 7205 Brief description of product manufactured and/or service provided: LPG transfer from Railcar to Truck Evacuation Procedures: In case of emergency requiring eancuation, employees will communicate by radio or shouting "EMERGENCY EVACUATE". Employees will gather across the street from the northwest corner of property to notify emergency responders, stand by to brief and assist them and call roll. Notification procedures: In the event of a release or a threatened release of a hazardous material the following agencies are to be notified: Phone # A. Local Emergency Response Agencies 911 B. Hazardous Materials Division (HMD) C. Califomia Emergency Management Agency (Cal EMA) (California State Warning Center) D. Scripps Chula Vista, 435 H Street (858) 505-6657 (after hours follow recorded instructions) (916) 845-8911 or Toll Free (800) 852-7550 (619) 691- 7000 (Local Hospital or Medical Center) Name of person(s) responsible for completing notifications: Facility ManagerlTerminal Operator Describe notification procedures: 1. Notify Emergency Agencies from Site. 2. Notify Railroad Local Dispatch and Emergency Coordinator. 3. Notify Corporate Officer. 4. Notify EnvironmentallRailliruck regulatory agencies. 5. Coordinate recovery effort Contractor's Name/Phone: Product recovery will be made by North Star Gas. Emergency Procedures: Product Leak and potential fire from leaks are main concerns :RE • Evacuate, actuating remote Emergency Shut down of Equipment, automatic closing all transfer valves. • Notify Fire Authorities. • If deemed safe by Terminal Operator, use fire extinguishers to control small fires. 'HALL SPILL • LPG product vaporizes and does not require clean up. Spills from trucks to be picked up with absorbent materials. • Any contaminated material will be confined in labeled waste drums. aRGE SPILL • LPG large release will vaporize immediately. • Evacuate Site, actuating Remote Emergency Shut down. • Notify Fire Depatrment, Emergency Agencies and Railroad Emergency Contacts HM-952 (MI I) County of San Diego CIJPA Department of Environmental Health -Hazardous Materials Division 33 HAZARDOUS MATERIALS BUSINESS PLAN III. EMPLOYEE TRAINING. DESCRIPTION : 8/6/2011 UPFP #: he following describes the employee training provided for all employees that handle hazardous substances. Procedures for handling hazardous materials, including hazardous wastes: Persons Trained: Site Manager, Operators, Drivers Training Time: 24 hours Refresher Frequency: 1 year Training Content: • General HAZMAT Awareness Training • Function Specific and Product Specific Training • OSHA 29 CFR Training Health and Safety Procedures for communication and coordination with emergency response agencies: Persons Trained: Site Manager, Dispatchers, Operators, Drivers Training Time: 12 hours Refresher Frequency: 1 year Training Content: • HAZCOM Training • Emergency Response Plan Site Security and Control Use of emergency response equipment and materials under the business control: Persons Trained: Site Manager, Operators, Drivers Training Time: 16 hours Refresher Frequency: 1 year Training Content: • DOT 49 CFR and other Agency Railcar/Truck Tank Inspection and Operations Fire Extinguisher Use and Safety Training • Personal Protective Equipment Use • Transfer Equipment Inspection and Operation Emergency Response Plan implementation: Persons Trained: Site Manager, Operators Training Time: 12 hours Refresher Frequency: 1 year Training Content: • Emergency Response Plan • First Aid /CPR • Life Safety/ Controllable Emergencies Refresher Time: 8 hours Refresher Time: 4 hours Refresher Time: 6 hours Refresher Time: 4 hours A drill encompassing safety procedures and spill equipment operation is used by some employers to train employees and improve their emergency response plan implementation skills. HM-952 Package (02/11) County of San Diego CUPA Department of Environmental Health -Hazardous Materials Division 35 I COUNTY OF SAN DGi• DEPARTMENT OF ENVIRONMENTAL HEALTH-CUPA HAZARDOUS MATERIALS DIVISION P.O. BOX 129261, SAN DIEGO, CA 92112-9261 (858) 505-6880 FAX (858) 505-6848 HAZARDOUS MATERIALS BUSINESS PLAN CERTIFICATION The Califomia Health & Safety Code (H&SC). Division 20, Chapter 6.95. Section 25505 provides for the following: The County of San Diego, Department of Environmental Health, Hazardous Materials Division (RMD), as the administering agency, requires a business that handles hazardous materials to submit the hazardous materials inventory, a list of emergency contacts, and a site plan, in lieu of a complete Hazardous Materials Business Plan (11MBP), only after the initial submittal of a complete HMBP. A complete HMBP includes the items to be submitted to the HMD and an Emergency Response Plan and Employee Training Plan, as established in H&SC Section 25504. The business must annually certify that a complete HMBP has been prepared, is current and is maintained at the site where the hazardous materials are stored. See Back for instructions and further clarification I. IDENTIFICATION FACILITY ID1 3 7 0 0 0 ' BUSINESS NAME (sine as FACILITY NAME or DBA —Dana Business As' North Star Gas Ltd. Co. BUSINESS SITE ADDRESS 103 2101 Tidelands Avenue CITY 104 National City CA ZIP CODE 105 91950 B. CERTIFICATION STATEMENT ❑ CARCINOGEN/REPRODUCTIVE TOXIN ANNUAL RENEWAL WITHOUT CHANGES: This is an annual renewal to certify that the list of carcinogens and/or reproductive toxins last provided is a current list as specified in the San Diego County Code of Regulatory Ordinances Section 68.1113. Check only ONE of the following boxes: includes the F21 INITIAL ('F.RTTFTCATIONt This is to certify (H&SC Section 25505(e)(1)) that a complete HMBP, which hazardous materials inventory, a list of emergency contacts, a site plan, emergency response plan, and employee training plat has been prepared and is maintained at the site where the hazardous materials are stored. D ANNUAL CERTIFICATION WITHOUT CHANGES: This is an anneal certification (R&SC Section 25505(d) & (eX2)) that the HMBP, which includes the hazardous materials inventory, a list of emergency contacts, a site plan, emergency response plan, and employee training plan, is current and includes all the information required in H&SC Section 25504, and 25509, and is maintained at the site where the hazardous materials are stored. ❑ CERTIFICATION OF CHANGES/REVISIONS: This is to certify that the IIMBP has been reviewed. (H&SC Section 25505(c) & 25510) and all necessary changes/revisions have been made. The HMBP is current and is maintained at the site where the hazardous materials are stored. Attached are changes to the hazardous materials inventory and/or list of emergency contacts. For site map revisions, submit only the pages that have a change or revision and attach to this certification. This submittal satisfies annual certification requirements specified in H&SC Section 25505(d) & (e)(2). As an Authorized Representative, I certify, under the penalty of law, that 1 have personally examined and am familiar with the information submitted and believe the information is true, accurate, and complete. By checking any of the boxes above I also certify that a) The information contained in the hazardous materials inventory most recently submitted to the CUPA or Administering Agency is complete, accurate, and up to date; b) There has been no change in the quantity of hazardous materials reported in the most recently submitted inventory; and c) All hazardous materials subject to inventory requirements are listed on the most recently submitted inventory. SIGNATURE OF OWNER/OPERATOR OR DESIGNATED REPRESENTATIVE DATE 8/6/2011 NAME OF SIGNER (print) Clemente G. Couturier TITLE OF SIGNER Business manager F r�l '<? i ! jtj ', ❑ Site Map / / *Note: Indicate the date that the inventory andror ER contact information in the KIVA database was reviewed and changes ❑ *Emergency Contacts / / inventotyERcontact waesubmitted for processing, Ifthe and * / / information are exactly the same as it is recorded in KIVA, no ❑ *Chemical T Q BP AG'CtCE cthangesneedtobesubmitted Ilazardous Materials Business Plan acceptance date will be changed to the acceptance date on new site map. A letter will be mailed to business after processing of site map updates. HIRTSIl"E ■** FIRE DIST. Specialist's Signature: (only required for new plans or for changes to site maps, chemical inventory and/or emergency contacts) ' REMARKS: ** ifHIRT box is checked, follow HiRT policy to indicate on the inventory forms which hazardous materials make this a FI RT site. HM-953 (03/11 l - wi LPG PRODUCT MSDS HANDLING EQUIPMENT MANUFACTURER INFORMATION 1. Process, Compressor and Valve Operation 2. Temporary .Use of Tier. Four Compliant Generator does not require Operating Permit from CARB and is Exempt due to activity in Rule 11. Exemption will be filed locally even though equipment qualifies for statewide operating permit. i Material Safety Data Sheet 1. Chemical Product and Company identification Product name MSDS# Historic MSDS#: Product Use Manufacturer Supplier EMERGENCY HEALTH INFORMATION: EMERGENCY SPILL INFORMATION: OTHER PRODUCT INFORMATION PROPANE 0000000791 06535, 12179, 12180 Industrial applications BP Canada Energy Company 240 - 4 Avenue S.W. P.O. Box 200, Station M Calgary, Alberta T2P 2H8 CANADA BP Canada Energy Company 240 - 4 Avenue S.W. P.O. Box 200, Station M Calgary, Alberta T2P 2H8 CANADA 1 (800) 447-8735 1 (800) 424-9300 CHEMTREC (USA) 1 (866) 4 BP - MSDS (866-427-6737 Toll Free - North America) email: bpcares@bp.com 2. Composition ! information on ingredients Ingredient Name CAS # % by Weight Exposure Limits PROPANE 74-98-6 100 Simple asphyxiant. ACGIH TLV (United States, 2000). TWA: 2500 ppm OSI-IA PEL (United States, 1971). TWA: 1800 MGM3 TWA: 1000 ppm OSHA PEL 1989 (United States, 1989). TWA: 100 mg/0 3. Hazards identification Physical state Color Emergency Overview Routes of Entry POTENTIAL HEALTH EFFECTS Eyes Skin Gas_ (Liquefied gas) Colorless. DANGER! EXTREMELY FLAMMABLE. VAPOR MAY CAUSE FLASH FIRE. AT VERY HIGH CONCENTRATIONS, CAN DISPLACE THE NORMAL AIR AND CAUSE SUFFOCATION FROM LACK OF OXYGEN. Liquid can cause burns similar to frostbite. Keep away from heat, sparks and flame. Avoid contact with eyes, skin and clothing. Do not breathe vapor or mist. Keep container closed. Use only with adequate ventilation. Skin contact. Eye contact. Inhalation. Liquid can cause burns similar to frostbite. Will cause serious damage to the eyes. Liquid can cause bums similar to frostbite. Product Name PROPANE Version 1 Page: 1/5 Date of issue 0828/2002. Format US -FULL Language ( ENGLISH ) Inhalation Ingestion j ( At very high concentrations, can displace the normal air andtuse suffocation from lack of oxygen. Not applicable. Liquefied gas. See Toxicological Information (section 11) First -aid measures Eye Contact Skin Contact Inhalation Ingestion Contact with liquid: Immediately flush with plenty of tepid water (105-115 F; 41.46 C). DO WATER. Get immediate medical attention. Contact with liquid: Immediately flush with plenty of tepid water (105-115 F; 41-46 C). DO WATER. Get immediate medical attention. Remove contaminated clothing and shoes. If inhaled, remove to fresh air. If not breathing, give artificial respiration. If breathing oxygen. Get medical attention immediately. Not applicable. Liquefied gas. NOT USE HOT NOT USE HOT is difficult, give 5. Fire -fighting measures Flammability of the Product Autoignition temperature Flash point Explosion Limits Products of Combustion Unusual fire/explosion hazards Fire Fighting Media and Instructions Protective Clothing (Fire) Extremely flammable. 449.9 °C -104.4 °C (CLOSED CUP) LOWER: 2.1 % UPPER: 9.5 % carbon oxides (CO, CO2); smokes as products of incomplete combustion. Extremely flammable in presence of open flames, sparks and static discharge, of heat. Vapors may form explosive mixtures with air. Vapor may cause flash fire. Vapors may accumulate in low or confined areas, travel considerable distance to source of ignition and flash back Runoff to sewer may create fire or explosion hazard. Container explosion may occur under fire conditions or when heated. SMALL FIRE: Use DRY chemical powder. LARGE FIRE: Use water spray, fog or foam. DO NOT FIGHT FIRE WHEN IT REACHES MATERIAL. Withdraw from fire and let it bum. Promptly isolate the scene by removing all persons from the vicinity of the incident if there is a fire. Apply water from a safe distance to cool container and protect surrounding area. Firefighters should wear full bunker gear, including a positive pressure self-contained breathing apparatus. Firefighters' protective clothing will provide limited protection. 6. Accidental release measures Personal Precautions Personal Protection in Case of a Large Spill Eliminate all ignition sources. Immediately contact emergency personnel. Keep unnecessary personnel away. Use suitable protective equipment (Section 8). Follow all fire fighting procedures (Section 5). Splash goggles. Full suit Vapor respirator. Boots. Gloves. A self-contained breathing apparatus should be used to avoid inhalation of the product. Suggested protective clothing might not be sufficient; consult .a specialist BEFORE handling this product. 7. Handling and storage Handling Storage Keep away from heat, sparks and flame. Keep container closed. Use only with adequate ventilation. Do not breathe vapor or mist. Take precautionary measures against static discharges. To avoid fire or explosion, dissipate static etectncity during transfer by, grounding and bonding containers and equipment before transferring material. Use explosion -proof electrical (ventilating, lighting. and material handling) equipment. Avoid contact with eyes, skin and clothing. Wash thoroughlyafter handling. Store in a segregated and approved area. Keep container in a cool, well -ventilated area. Keep container tightly closed and sealed until ready for use. Avoid all possible sources of ignition (spark or flame). Product Name PROPANE Page: 2/5 Version 1 Date of issue 081280002. Format US -FULL Language ( ENGLISH ) 8. Exposure controls/personal protection Occupational Exposure Limits Ingredient Name Occupational Exposure Limits PROPANE Simple asphyxiant ACGIH TLV (United States, 2000). TWA: 2500 ppm OSHA PEL (United States, 1971). TWA:1800 MGM3 TWA: 1000 ppm OSHA PEL 1989 (Linked States, 1989). TWA: 100 mg/m3 Provide exhaust ventilation or other engineering controls to keep the airborne concentrations of vapors below their respective occupational exposure limits. Ensure that eyewash station and safety shower is proximal to the work -station location. Hygiene measures Wash hands, forearms, and face thoroughly after handling compounds and before eating, smoking, using lavatory, and at the end of day. Control Measures Personal Protection Eyes Avoid contact with eyes. Chemical splash goggles. Skin and Body Avoid contact with skin and clothing. Wear clothing and footwear that cannot be penetrated by chemicals or oil. Respiratory Use only with adequate ventilation. Do not breathe vapor or mist. If operating conditions cause high vapor concentrations or TLV is exceeded, use supplied -air respirator. Hands Insulated gloves suitable for low temperatures Consult local authorities for acceptable exposure limits. 9. Physical and chemical properties Physical state Gas. (Liquefied gas) Odor Odorless, unless odorized with ethyl mertaptan (skunky odor). Color Colorless. Boiling Point / range -42 °C Melting Point I range -186 "C Critical Temperature 96.7°C Specific Gravity 0.59 Vapor Pressure 770 kPa at 20°C Vapor Density (Air =1) 1.6 Solubility Insoluble in cold water. 10. Stability and reactivity Stability and Reactivity Stable under recommended storage and handling conditions (see section 7). Conditions to avoid Keep away from heat, sparks and flame. Incompatibility with Various Vapors may form explosive mixtures with air. Avoid chlorine, fluorine, and other strong oxidizers, nitric and Substances sulfuric acids. Hazardous Decomposition carbon oxides (CO, CO2); smokes as products of incomplete combustion. Products Hazardous Polymerization Will not occur. Product Name PROPANE Page: u5 Version 1 Dale of issue 08/28/2002. Format US -FULL Language ( ENGLISH ) 3 11. Toxicological information Chronic toxicity Carcinogenic Effects No component of this product at levels greater than 0.1% is Identified as a carcinogen by ACGIH or the International Agency for Research on Cancer (IARC). No component of this product present at levels greater than 0.1% is identified as a carcinogen by the U.S. National Toxicology Program (NTP) or the U.S. Occupational Safety and Health Act (OSHA). Mutagenic Effects No component of this product at levels greater than 0.1% is classified by established regulatory criteria as a mutagen. Reproductive Effects No component of this product at levels greater than 0.1% is classified by established regulatory criteria as a reproductive toxin. Teratogenic effects No component of this product at levels greater than 0.1 % is classified by established regulatory criteria as teratogenic or embryotoxic. 12. Ecological information Mobility This product is likely to volatize rapidly into the air because of its high vapor pressure. This product is not likely to move rapidly with surface or groundwater flows because of its low water solubility of: <0.1% 13. Disposal considerations Waste Information Dispose of in accordance with all applicable local and national regulations- Empty containers may contain harmful, flammable/combustible or explosive residue or vapors. Do not cut, grind, drill, weld, reuse or dispose of containers unless adequate precautions are taken against these hazards. Consult your local or regional authorities. 14. Transport information International transport regulations Regulatory Information UN number Proper shipping name Class Packing Group Label Additional information DOT Classification UN1978 Propane 2.1 Not applicabk - TDG Classification UN1978 Propane 2.1 Not applicabk - IMDG Classification UN1978 Propane 2.1 Not applicabk - IATA Classirication UN1978 Propane 2.1 Not applicabk - Product Name PROPANE Version 1 Date of issue 08/28/2002. Format US -FULL Page: 4/S Language ( ENGLISH ) ` 1 15. Regulatory information U.S. Federal Regulations US INVENTORY (TSCA): Listed on inventory. SARA Title III Section 302 Extremely Hazardous Substances (40 CFR Part 355): This product is not regulated under Section 302 of SARA and 40 CFR Part 355. SARA Title III Sections 311/312 Hazardous Categorization (40 CFR Pad 370): PROPANE: Fire Hazard, Sudden Release of Pressure SARA 313 toxic chemical notification and release reporting: No products were found. CERCLA Sections 102a/103 Hazardous Substances (40 CFR Part 302.4): This material is not regulated under CERCLA Sections 103 and 107. State Regulations Pennsylvania RTK: PROPANE: (generic environmental hazard) Massachusetts RTK: PROPANE New Jersey: PROPANE Califomia prop. 65: No products were found. Inventories AUSTRALIAN INVENTORY (AICS): Listed on inventory. CANADA INVENTORY (DSL): Listed on inventory. CHINA INVENTORY (IECS): Listed on inventory. EC INVENTORY (EINECS): Listed on inventory. JAPAN INVENTORY (ENCS): Listed on inventory. KOREA INVENTORY (ECL): Listed on inventory. PHILIPPINE INVENTORY (PICCS): Listed on inventory. 16. Other information Label Requirements Hazardous Material Information System (U.S.A.) HISTORY Date of issue Date of Previous Issue Prepared by DANGER! EXTREMELY FLAMMABLE. VAPOR MAY CAUSE FLASH FIRE. AT VERY HIGH CONCENTRATIONS, CAN DISPLACE THE NORMAL AIR AND CAUSE SUFFOCATION FROM LACK OF OXYGEN. Liquid can cause bums similar to frostbite. Health Fire Hazard Ptiyslca Hafx, d Personal Protection 08/2812002. No Previous Validation. Product Stewardship National Fire Protection Association (U.S.A.) Health Fire Hazard Instability Specific Hazard Notice to Reader NOTICE: This Material Safety Data Sheet is based upon data considered to be accurate at the time of its preparation. Despite our efforts, it may not be up to date or applicable to the circumstances of any particular case. We are not responsible for any damage or injury resulting from abnormal use, from any failure to follow appropriate practices or from hazards inherent in the nature of the product. This Material Safety Data Sheet conforms to the requirements of ANSI Z400.1. LB161,1B361, LB601 & LB942 Compressors Oil -Free Gas Compressors for Liquid Transfer and Vapor Recovery Blackmer oil -free gas compressors deliver high efficiency in handling propane, butane, anhydrous ammonia and other liquefied gases. They are ideal for rail car unloading and vapor recovery applications. The single -stage, reciprocating compressors are designed to give maximum performance and reliability under the most severe service conditions. All pressure parts are of ductile iron construction for greater resistance to both thermal and mechanical shock. They are designed for ease of maintenance, with all components readily accessible. Models are available with capacities from 7 to 125 in (11.9 to 212 m3/h) with working pressure up to 350 psia (24.13 Bar). Gas compressors for liquid transfer Many liquid transfer applications can be handled more efficiently with a gas compressor than a liquid pump. They include unloading of transports and pressure vessels where system piping restricts flow and may cause a pump to cavitate; unloading of LP gas from rail cars, and other installations that require an initial lift to the liquid. How liquid transfer is accomplished When transferring liquid, a compressor creates a slight pressure differential between the vessel being 'inloaded and the receiving tank. The suction stroke of the compressor piston draws in vapor and decreases the receiving tank pressure. The discharge stroke moves a measured volume of vapor at a higher pressure into the supply tank where it displaces an equal volume of liquid through a separate line into the receiving tank. Generally, the liquid flow rate will be 5 to 6 U.S. gpm for each cubic foot (ft3) of piston displacement (670 - 775 liters per cubic meter [m3J). Gas compressors for vapor recovery When the liquid transfer phase has been completed, a significant amount of product (vapor and liquid) is left in the tank car (often 3% or more of the tank's capacity). Recovery of product with a compressor is a simple operation, and thus a compressor can quickly pay for itself. How vapor recovery is accomplished Vapor recovery is accomplished with the use of a four-way valve. By rotating the valve handle 90°, gas flow is reversed and the vapor pressure within the supply vessel is reduced At this point, remaining liquid vaporizes and is quickly recovered. As the tank pressure is drawn down further, remaining vapors are also recovered to an economical level. Recovered vapor is discharged into the liquid area of the receiving tank and then condensed back into a liquid state. Tank car vapor recovery system Propane Vapor Recovery The chart and graph illustrate typical volumes of liquid that may be recovered at various pressures and operating times, based on a 33,000 U.S. water gallon capacity (124,915 liters) tank car— using a Blackmer LB361 gas compressor with 36 CFM (60.3 m3/h piston displacement). For example, when the liquid transfer phase of unloading is completed, the vapor pressure reads 150 psig (10.34 Bar gauge). At this condition, there would be approximately 1,315 U.S. gallons (4,978 liters) of LP gas in vapor form remaining in the tank car. Of this amount, 845 U.S. gallons (3,199 liters) can be economically recovered in less than three hours. Beginning TankTotal P oductt r- Pressure " tin Vapor Farm). PSIG , , Bar A.S. Gals klters:,:° OP".MMAIIIEEINEIWallEcEari MIME HMO] V b Mt 112106711111Z0 fcogomlcally flecovetable Product?:-: U.S.Galslifers- , 3'668 2189 5.1T- ' i 3.45:' • F _.. e.+ '' 1669 1 Physical properties are based on N. PA 58 data for commercial propane. Vapor pr sure 205 psig 114.13 Bar) @ 100'F (37rC). 2 Economically recoverable product 1s based on reduction of tank pressure 10 25%of original value. Residual Kquid not included. Note: A different size tank will have a proportional relationship to the values shown above. For example, a 10,000 U.S. gallon 127,85010ers, tank would represent 303% of the values given Volume Recovered From 33,000 U.S. Gallon Tank (124,915 Liters) 14 12- 10- a— fe s- 2- 0 200 175 _ 150 tk 125 tm .5 Q 5 25 00 3 HOURS 4 5 Overall efficiency of plant piping may improve or detrimentally a0eot compressor performance. All figures are approrimate and rounded off for easy reading. Additional information for Kquefied gases other than propane is evadable: cornett your Blackmer representative. Design Features High efficiency valves move more gas volume The heart of any compressor is its valve assembly and Blackmer valves are specifically designed for non -lubricated gas applications. With precisely engineered clearances, spring tension, and a special finish, these valves seat more positively so more gas is moved with each piston stroke. Blackmer valves offer greater strength, quiet operation, and long life. 0-Ring seals - head and cylinder The head and cylinder are sealed with 0-rings to ensure positive sealing under all operating conditions. Pressure assisted piston _ rings for positive seating Constructed of self-lubricating I'l FE, Blackmer's special ring design provides maximum sealing efficiency with minimal friction wear. The result: peak performance and extended compressor service life. Heavy-duty crankshaft The ductile iron crankshaft is precision ground with integral counterweights for smooth, quiet operation. Rifle drilling ensures positive oil distribution to the wrist pin and connecting rod.bearings. LB.I cutaway Pressure lubricated bearings A rotary oil pump provides positive oil distribution to all running gear components for long life and minimal wear. -Ductile iron pistons Heavy-duty ductile iron pistons are connected with a single positive locking nut which eliminates potential problems associated with more complex designs. Self-adjusting piston rod seals Crankcase oil contamination and cylinder blow -by is prevented with Loaded glass -filled PTFE seals which maintain a constant sealing pressure around the piston rods. Ductile iron construction All pressure parts are of ductile iron for greater resistance to both thermal and mechanical shock. Wear -resistant crosshead assemblies Designed for maximum lubrication and wear resistance. Multiple seal options For applications that require maximum leakage control, double piston rod seals and a distance piece chamber are available for all Blackmer LB compressors. a a vCompressor Selection Data To select a compressor that best fits your application requirements, use the charts shown. The data provided is based on approximate delivery rates when handling propane or anhydrous ammonia. Actual capacities will depend upon line restrictions, size and length of piping. Horsepower requirements for both liquid transfer and vapor recovery applications are based on moderate climatic conditions. 1B501 Engineering Specifications Compressor Model iB161- L6361 _-..661 LB942r L6162 _;; L636.2 ;--L6602 L69: 625 (117.4) 50 13.0 Double acting Compression Ratio defined as absolute discharge pries ure divided by absolute inlet pressure. Compression Ratios are kilted by discharge temperature. High compression ratios can create excessive heat Le., over 350'F7TC). The duty cycle must provide for adequate cooling time between periods of operation to prevent excessive operating temperature. 11136ILU Compressor Selection Data: Propane and Anhydrous Ammonia Delivery wiJ depend on proper system design, pipe sizing and valve c pacify. 2 Horsepower is for liquid transfer and vapor recovery in moderate clim tes. For liquid transfer without vapor recovery, horsepower will be lower. For severe climates, contact your Blackmer representative for horsepower required. 3 Use next larger pipe size if piping exceeds 100 feet (30 meters). 4 LBLTRAN (a computer program available at Blackmels website www.bleckmer.com) may be used to perform a detailed performance report based on your system parameters. Standard Compressor Packages Blackmer offers a variety of factory assembled compressor packages to fit most application requirements. Standard base mounted units are available in the following styles: CO - COMPRESSOR ONLY Includes basic compressor with flywheel. B - BASE MOUNTED UNIT Includes compressor, pressure gauges, formed steel base, V-bett drive with belt guard, and adjustable motor base, less motor. E - EXTENDED SHAFT Includes compressor with flywheel and extended crankshaft. TU - TRANSFER UNIT Includes compressor, pressure gauges, formed steel base, liquid trap assembly with a mechanical float, V-belt drive with bet guard, and adjustable motor base, less motor. TC orTW -TRANSFER UNIT Includes compressor, pressure gauges, steel base, ASME code stamped liquid trap assembly (complete with relief valve and a NEMA 7 electric float switch for Propane service), V-belt drive with belt guard, and adjustable motor slide base. TW units feature welded and flanged piping. LU - UQUID TRANSFER/VAPOR RECOVERY UNIT Includes compressor,. pressure gauges, formed steel base, liquid trap assembly with a mechanical float, inlet strainer, interconnecting piping, 4-way valve, V-belt drive with belt guard, and adjustable motor base, less motor. LC or LW - LIQUID TRANSFER/VAPOR RECOVERY UNIT Includes compressor, pressure gauges, steel base, ASME code stamped liquid trap assembly (complete with relief valve and a NEMA7 electric float switch for Propane service), inlet strainer, interconnecting piping, 4-way valve, V-beft drive with belt guard, and adjustable motor base, less motor. LW units feature welded and flanged piping. All Compressor models are available with or without motors or accessories. Special engine drives, control panels and custom emergency evacuation units can be furnished on a special order basis. / Blackmer compressors can also be mounted on transports with direct drive or V-belt drive, as shown below. Direct Drive V-Ben Drive HD Series Compressors Blackmer also offers a line of single and two -stage industrial gas compressors with doubleor triple piston rod seals and air or water cooling. Consult your Blackmer representative for more information and specifications. Optional Accessories Motors: Standard voltage and sizes in stock. Motor slide rails: Offer easy adjustment for standard motor frame sizes. Engines: Diesel, propane or gasoline fueled engines available. Liquid traps: Standard liquid traps have a mechanical float to protect the compressor by preventing liquid from entering. These traps may be fitted with an electric float switch to sound an alarm or stop the compressor in the event of high liquid level. Larger traps with ASME code construction. and one or two electric float switches are also available. Vapor strainer assembly_ Features a 30-mesh replaceable stainless steel screen and ductile iron body. Four-way valve: Four-way valves allow easy switching fiuni liquid transfer to vapor recovery operation by reversing the system flow direction. Standard valves are ductile iron with a handle and easy -to -read flow direction indicator. Valves with electric or pneumatic actuation are available if remote operation is desired. Pressure gauges: Standard Yi-inch NPT liquid -filled for head mounting. Extended crankshaft For direct drive mounting, or V-belt drive applications. Base plates: Formed steel or fabricated skid type. Belt guards: Heavy-duty 14-gauge steel, stainless steel or non -sparking aluminum construction. Custom -engineered LPG transfer compressor package RULE 11. EXEMPTIONS FROM RULE 10 PERMIT REQUIREMENTS (Effective 1/1/69: Rev. Adopted & Effective 10/17/95 Rev. Adopted & Effective 7/30/96 Rev. Adopted & Effective 5/21/97 Rev. Adopted & Effective 11/15/00 Rev. Adopted & Effective 4/25/07 INDEX OF EXEMPTION CATEGORIES AS LISTED IN SECTION (d) PAGE (1) Mobile Sources 5 (2) Combustion and Heat Transfer Equipment 5 (3) Structures and Structural Modifications 7 (4) Laboratory Equipment and Related Operations 7 (5) Replacement of Equipment 8 (6) Plant Support Equipment 9 (7) Metallurgical Processing Equipment — General 9 (8) Metallurgical, Glass, and Ceramic Processing Equipment — Using Furnaces, Kilns, and Ovens 11 (9) Abrasive Blasting Equipment 11 (10) Machining Equipment 12 (11) Printing and Reproduction Equipment 13 (12) Food Processing and Food Preparation Equipment 13 (13) Plastics, Foam, and Rubber Processing Equipment and Operations 13 (14) Mixing, Blending, and Packaging Equipment 14 (15) Coating and Adhesive Application Equipment and Operations 15 (16) Solvent Application Equipment and Operations 16 (17) Storage and Transfer Equipment 17 (1 8) Drycleaning, Laundry Equipment, and Fabric Related Operations 17 (19) Miscellaneous Equipment and Operations 18 (20) Registered Equipment 21 SDAPCD Regulation II -1- Rule 11 04/25/07 RULE 11. EXEMPTIONS FROM RULE 10 PERMIT REQUIREMENTS (a) APPLICABILITY (Revision Effective 4/25/07) (1) This rule is applicable to any article, machine, equipment, or other contrivance which would otherwise be subject to Rule 10. (2) This rule shall not exempt equipment, operations, or processes described in Section (d) from meeting all other applicable requirements of these Rules and Regulations. (3) This rule shall not apply to any equipment, operation, or process that violates Rule 51 as determined by the Air Pollution Control Officer. When the Air Pollution Control Officer makes such a determination and written notification is given to the owner or operator, the equipment, operation, or process may thereafter be subject to Rule 10. If no additional violations of Rule 51 are determined over a 2-year period, a permit may no longer be required. (4) This rule shall not apply to any equipment, operation, or process described in Subsections (d)(2) through (d)(19) that emits more than 100 lbs per day of any one of the following criteria air pollutants: particulate matter (PM1o), oxides of nitrogen (NOx), volatile organic compound (VOC), oxides of sulfur (SOx), carbon monoxide (CO), or lead (Pb). (5) This rule shall not apply to any equipment, operation, or process that is subject to the provisions of the National Emissions Standards for Hazardous Air Pollutants (NESHAP), 40 CFR 63, the New Source Performance Standards (NSPS), 40 CFR 60, and the Air Pollution Control District (District) Regulation X - Standards of Performance for New Stationary Sources and/or Regulation XI - National Emission Standards for Hazardous Air Pollutants. (6) Except for equipment specified in Subsection (d)(20)(iii), Section (d) of this rule shall not apply to any new or modified equipment, operation, or process that (i) emits or may emit toxic air contaminants, as defined in Rule 1200, and (ii) has emissions of toxic air contaminants that, in the absence of any emission control device or limitation on material usage or production, may be expected to exceed any standard specified in Rule 1200 (d)(1)(i), (d)(2), or (d)(3) as determined by the Air Pollution Control Officer. This provision shall not apply to any equipment, operation, or process for which construction or modification, as applicable, commenced prior to November 15, 2000, unless such equipment, operation, or process is subsequently modified in such a manner that increases emissions of one or more toxic air contaminants. In the event the Air Pollution Control Officer makes a preliminary determination that any standard specified in Rule 1200 (d)(1)(i), (d)(2), or (d)(3) may be exceeded, the Air Pollution Control Officer shall notify the owner or operator in writing and specify the Regulation 1h -2- Rule II (23) "Volatile Organic Solvent" means an organic solvent with an initial boiling point of less than 400°F (204°C). (d) EQUIPMENT, OPERATIONS, OR PROCESSES NOT REQUIRING A PERMIT TO OPERATE (Revision Effective 4/25/07) Any equipment, operation, or process that is listed below in Subsections (d)(1) through (d)(20), and that meets the stated exemption provision, parameter, requirement, or limitation, is exempt from the requirements of Rule 10. Such equipment, operation, or process shall not be exempt from any otherwise applicable standards in these Rules and Regulation, or applicable State or federal regulations, unless specified as exempt by that rule or regulation. Any person claiming such an exemption shall provide documentation sufficient to substantiate the applicability of the stated exemption provision, parameter, requirement, or limitation at the request of the Air Pollution Control Officer. (1) MOBILE SOURCES (i) Any engine mounted on, within, or incorporated into any vehicle, train; ship, boat, or barge, that is used primarily to provide propulsion, but which may also supply heat, mechanical, hydraulic, or electrical power to that same vehicle, train, ship, boat, or barge. This exemption does not apply to equipment located onboard floating dry docks or equipment used for dredging operations. (ii) Railway, road, and runway sweepers used respectively for cleaning rail tracks, roadways, and runways, provided the maximum manufacturer's output rating of any auxiliary sweeper engine is 200 brake horsepower or less. (2) COMBUSTION AND HEAT TRANSFER EQUIPMENT (i) Any reciprocating internal combustion engine with a brake horsepower rating of less than 50. (ii) RESERVED (iii) Any engine mounted on, within, or incorporated into any motor vehicle, train, ship, boat, or barge, that is used exclusively to load or unload cargo. For the purposes of this exemption, cargo shall not include the removal or relocation of sand, rock, silt, soil, or other materials from dredging operations. (iv) Any gas turbine engine that has: (A) an output power rating of less than 0.3 megawatt (MW), or (B) a maximum gross heat input rating at International Standards Organization (ISO) Standard Day Conditions of less than 1 million British thermal units (BTU) per hour. Regulation II -5- Rule 11 (viii) Solvent wipe cleaning operations, not associated with any permitted operation, provided the solvent is applied from a container that minimizes emissions to the air, such as but not limited to, squeeze containers with narrow tips, spray bottles, or dispensers with press down caps; and the uncontrolled VOC emissions from all such operations located at the stationary source do not exceed 5 tons per calendar year, or the total purchase of solvents for such operations does not exceed 1,500 gallons per calendar year. All data and/or records necessary to demonstrate that this exemption is applicable, shall be maintained on -site for 2 years and made available to the District upon request. (17) STORAGE AND TRANSFER EQUIPMENT (i) Stationary equipment used exclusively to store and/or transfer organic compounds that are not volatile organic liquids. (ii) Stationary storage tanks for volatile organic liquids with a capacity of less than 250 gallons and associated equipment used exclusively to transfer materials into such tanks. (iii) Equipment used exclusively to store and/or transfer organic solvents that are not used as fuels. (iv) Equipment used exclusively to store and/or transfer natural gas, butane, or propane when not mixed with other volatile organic liquids, other than odorants. (v) Equipment used exclusively to store and/or transfer fuels that are used exclusively as a source of fuel for wind machines used for agricultural purposes. (vi) Mobile transport, delivery, or cargo tanks on vehicles used for the delivery of volatile organic liquids. This exemption does not apply to asphalt tankers used to transport and transfer hot asphalt used for roofing applications. (vii) Equipment used to transfer fuel to and from amphibious ships for main- tenance purposes, provided total annual transfers do not exceed 60,000 gallons per year at a stationary source. (viii) Equipment used exclusively to store and/or transfer liquid soaps, liquid detergents, vegetable oils, fatty acids; fatty esters, fatty alcohols, or waxes, and wax emulsions. (ix) Pressurized tanks used to store inorganic or halogenated organic gases and associated equipment used exclusively to transfer materials into such tanks. (18) DRYCLEANING, LAUNDRY EQUIPMENT, AND FABRIC RELATED OPERATIONS (i) Non -immersion dry cleaning equipment. Regulation II -17- Rule 11 CAlFilite+mrsist++erei+ter YANMAR CO., LTD. EXECUTIVE ORDER U-R-028-0491 New Off -Road Compression -Ignition Engines AIR RESOURCES BOARD Pursuant to the authority vested in the Air Resources Board by Sections 43013, 43018, 43101, 43102, 43104 and 43105 of the Health and Safety Code; and Pursuant to the authority vested in the undersigned by Sections 39515 and 39516 of the Health and Safety Code and Executive Order G02-003; IT IS ORDERED AND RESOLVED: That the following compression -ignition engines and emission control systems produced by the manufacturer are certified as described below for use in off -road equipment. Production engines shall be in all material respects the same as those for which certification is granted. MODEL YEAR ENGINE FAMILY DISPLACEMENT (liters) FUEL TYPE USEFUL LIFE (hours) 2010 AYDXL3.32G4T 3.319 Diesel 8,000 SPECIAL FEATURES & EMISSION CONTROL SYSTEMS TYPICAL EQUIPMENT APPLICATION Mechanical Direct Injection, Turbocharger, Electronic Control Module, Exhaust Gas Rearculation Generator Set The engine models and codes are attached. The following are the exhaust certification standards (STD) and certification levels (CERT) for hydrocarbon (HC), oxides of nitrogen (NOx), or non -methane hydrocarbon plus oxides of nitrogen (NMHC+NOx), carbon monoxide (CO), and particulate matter (PM) in grams per kilowatt-hour (g/kW-hr), and the opacity -of -smoke certification standards and certification levels in percent (%) during acceleration (Accel), lugging (Lug), and the peak value from either mode (Peak) for this engine family (Title 13, California Code of Regulations, (13 CCR) Section 2423): RATED EMISSION STANDARD CATEGORY EXHAUST (gik W--br) OPACITY (%) POWER CLASS HC NOx NMHC+NOx CO PM ACCEL LUG PEAK 37 s kW < 56 Tier 4 - Interim STD N/A N/A 4.7 5.0 0.30 N/A N/A N/A CERT — — 4.4 1.5 0.15 — — — BE IT FURTHER RESOLVED: That for the listed engine models, the manufacturer has submitted the information and materials to demonstrate certification compliance with 13 CCR Section 2424 (emission control labels), and 13 CCR Sections 2425 and 2426 (emission control system warranty). Engines certified under this Executive Order must conform to all applicable California emission regulations. This Executive Order Is only granted to the engine family and model -year listed above. Engines in this family that are produced for any other model -year are not covered by this Executive Order. Executed at El Monte, Califomia on this l� day of November 2009. 9 dat..t4=1-C--y,--.C.c- c4Mnette Hebert, Chief L/ Mobile Source Operations Division Engine Model Summary Template ITT P%ct-tv'eNvi- :R 4.Fue1 Rata: 8.Fuel Rote: 7.Fu.I Rate: 3.BHPORPM mmistroke a peak HP (Ibslhr) 12 peak HP 8.Torque a RPM mmistrokeapeak 8.Fuel Rate: 9.Emiselon Control Engine Family 1.Engine Code 2.Engine Model (SAE Gross) (for diesel only) (for diesels only) (SEA Gross) torque(Ibsihr)®peektorqueDevioePer SAE J1930 AYDXL3.32C4T •• N/A 3TTGP 68.7/1800 62.8 24.9 N/A NIA NIA ECM1-EMEGR I,j C AYDXL3.32C4T N/A 3TTGA 68.3/1800 62.4 24.8 N/A N/A N/A _ EMEGR DFI Trans Consult August 10, 2011 Ms. Patricia Beard 1243 National City Boulevard National City, CA. 91950-4301 (61 9) 336-4250 Re: North Star Gas Ltd. TUP Application Dear Patricia, We sincerely appreciate your initiative and assistance in the development of our long term and immediate operations in the industrial area of National City. As the project developer for North Star Gas, Ltd. we are pleased to find areas and projects that are ideal for each other. Following the discussions with you, George Eiser, Armando Vergara and Martin Reeder, with respect to the permitting process of the two phases of the project development, we are submitting the TUP application for review. Based on ow discussions, we understand that the TUP is the most appropriate manner to authorize Phase I of our development project and that City is requesting authorization to formalize a Development Agreement that, if approved, will allow us to immediately progress our proposed Phase lI, Permanent Facility and Retail sales, operations development. We appreciate the proactive approach and recommendations that you and all the people that we have worked with at the City have provided to facilitate and attract our project to National City. We have attached a summary presentation of the project and the Hazardous Materials Business Plan that must be filed with the County. I spoke with Fire Marshall Hernandez regarding the required plan and we agree that it is insufficient for his approval purposes. We are preparing a separate technical layout, operating plans and code review presentation for his consideration. We are available for any consultation or other need that you have with respect to this presentation and welcome the opportunity to meet with and explain this project and our intentions to whomever you feel appropriate. Thank you and regards, Ralph.E. Palmer, P.E. Principal Cc: George Eiser, Robert Hernandez, Frank Parra, Martin Reeder, Armando Vergara Donald Smith, President, North Star Gas„ Ltd. CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDATIONS AND CONDITIONS SPONSORING ORGANIZATION: North Star Gas Ltd Co. EVENT: North Star Gas Temporary Operation DATE OF EVENT: September 20, 2011 thru September 20, 2012 TIME OF EVENT: 8 am to 8 pm daily APPROVALS. DEVELOPMENT SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ x FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x CONDITIONS OF APPROVAL: DEVELOPMENT SERVICES (619) 336-4318 The Building Division will require that the applicant comply with all current building codes as it pertains to this Temporary Use Permit. These codes consist of the 2010 California Building, Plumbing, Mechanical and Electrical Codes. The building code covers all Califomia Accessibility requirements and upgrades. The applicant calls out for the installation of a portable mobile office. NCMC prohibits the moving of existing commercial structures into the city which does not have historical significance as determined by the city council. The application also states that a portable toilet will be located on site. 2010 California Plumbing Code, Section 304.0 reads as follows: 304.0 Connection to plumbing System Required. Plumbing fixtures, drains, appurtenances, and appliances, used to receive or discharge liquid waste or sewage, shall be connected properly to the drainage system of the building for premises, in accordance with the requirements of this code. The application does not contain plans or does not go into more detail as it pertains to the California Building Codes. Installation of plumbing fixtures such as eye wash station, wash basins, electrical lines for receptacles, lighting, etc. would obviously require plans/permits and inspections prior to use. DEVELOPMENT SERVICES (CONT.) There are no provisions in the TUP application for protecting water quality. This type of business will be required to file a "Notice of Intent" with the State of California, and have a Storm Water Pollution Prevention Plan in place. A transportation permit may be required if the trucks/load/cargo are oversized. Coordinate with the Engineering Division to obtain these permits. Additional information is required on the proposed truck routes, number of truck trips per day and duration of the TUP. Once this is received, further evaluation and review will be required. RISK MANAGER (619) 336-4370 Risk Management would like to take a look at all insurance information for this TUP applicant. This appears to be a high risk operation and applicant will require insurance limits commensurate with the exposure. We believe a 10 Million combined limit as a minimum requirement for this application. Please forward the information to Risk Management when received. PUBLIC WORKS (619)366-4580 Public Works has no involvement. FINANCE Applicant needs to apply for a Business License. FIRE (619) 336-4550 1) Project to be in compliance with the current editions of NFPA, CFC, title 19 California Code of Regulations and local City of National City Municipal Codes 2) Fire Department requirements are to be designed, fabricated and installed to code 3) TUP does not provide end date 4) How does the site propose to provide sprinkler protection in case of accidental ignition of the material? A sprinkler system needs to be evaluated for this intended use. The sprinkler system shall provide coverage of all tanks stored on site awaiting transfer. Activation of the system shall be equipped by flame and heat detecting devices plus manual devices placed throughout assembly per code. The system shall be designed, fabricated, installed and tested to code. The required sprinkler system shall be engineered to code 5) Supervision (Fire Alarm) of sprinkler piping and fire detection devices shall be automatically supervised where more than 20 sprinklers are on the system 6) Contractor's license is required for potential fire protection system. Sprinkler contractors shall posses a C-16 license. Fire Alarm contractors shall possess a C-10 license. Stamp shall be visible on all sets of plans 7) All contractors shall possess a National City New Business License prior to Fire Department plan submittal. A copy of the New Business License will be required at time of plan submittal 8) Fire Sprinkler, Fire Alarm, and Fire Underground plans are to be directly submitted to the National City Fire Department under separate permit for review and permitting. Fees along with 3 sets of plans including all "Cut Sheets and Calculations" shall be included upon submittal. Plan review shall be a 30 day plan review process or 21 working days. No over the counter plan- reviews accomplished 9) Plans will not be reviewed until fees have been paid. Check is payable to the City of National City 10) Upon submittal for permit, the following shall be included for underground: • Data sheet for Back -Flows • Data sheets for Private and Commercial Hydrants • Data sheets for Post Indicator Valves Information on required fire hydrants back -flow devices, etc; can be acquired from Sweetwater Authority. All pipe and their appliances, shall meet industry/code standards for under ground use and NFPA 24 11) Should any plan corrections be required, contractor must correct the plan and re -submit to the Fire Department for approval prior to installation 12) Once plans are approved, contact will be made with the contractor. Contractor will be required to retrieve the approved plan from the National City Fire Department. The contractor will be required to sign for the permit and pick up the approved plans. Work may not commence prior to plan pick-up 13) A rough inspection of all work is required prior to closure. All rough work shall be visible at time of inspection 14) A request for an inspection shall be made 48 hours in advance. Inspection shall be made once work is complete utilizing approved and stamped plans. Contractor shall be required to have the approved plans on site per code 15) All emergency/hazardous signage shall be required to meet code. See the National City Fire Department for requirements 16) Special fire fighting appliances that may be required for this type of product shall be furnished by North Star Gas to the National City Fire Department 17) Special training shall be provided to the National City Fire Department on the proper techniques of fighting propane fires. This training shall be kept current and progressive, complying with all code requirement guidelines. All special firefighting appliances supplied, shall remain current meeting current state standards for firefighting applications 18) Site distance from surrounding businesses shall meet the current editions of the California Fire Code, National Fire Protection Association and California Code of Regulations Title 19. An analysis of the surrounding businesses in the immediate area shall be evaluated for fire code distance requirements, and shall be fumished to the National City Fire Department for review Please contact the National City Planning Department for site distance allowances of other surrounding structures 19) The required width of emergency fire apparatus access roads shall not be obstructed in any manner, including parking of vehicles. All access roads shall be no less than 20 feet wide, no less than 14 feet high and shall have an all weathered road with the ability to support 75 thousand pounds or greater. Where a fire hydrant is located on a fire apparatus road, the minimum road width shall be 26 feet 20) Buildings or portions of buildings or facilities exceeding 30 feet in height above the lowest level of fire department vehicle access shall be provided with approved fire apparatus access roads capable of accommodating fire department aerial apparatus. Overhead utility and power lines shall not be located within the aerial fire apparatus access roadway 21) Fire access roads in excess of 150 feet to furthest end of property from a public street, shall be provided with width and turnaround provisions 22) Fire hydrants to be located throughout the project as not to have a separation distance greater than 400 feet. Fire hydrants to be located within 400 feet of all locations which are roadway accessible. (Measurement starts from nearest existing fire hydrant to project) 23) The following items pertain to fire hydrants: a) Size and location, including size and number of outlets and whether outlets are to be equipped with independent gate valves. b) Fire hydrant to be of three outlet design 24) Provide calculation confirming flow availability to meet fire flow demands and supply large diameter hose (4 inch) 25) Contact with Sweetwater Authority will be required for underground fire mains, fire hydrants, fire sprinkler systems and back flow preventers 26) Fire hydrants to be marked by use of blue reflective marker in the roadway 27) Fire Department Connections shall have Knox FDC Plugs. Applications may be obtained from the National City Fire Department Administration office 28) If entrance/exit gates are used, gates shall be equipped with Knox Box and Emergency Strobes so as to provide emergency vehicle access and egress. A Knox Key Switch shall be required in conjunction with strobe for emergency access. Emergency strobe shall be placed at front of properly. Supplied electrical for these types of fire appliances are required by the National City Building Department through permit Please contact the National City Fire and Building Department for direction 29) During possible construction, project shall strictly following Chapter 14 of the CFC edition "Fire Safety During Construction Alteration or Demolition of a Building". This requirement shall also be followed during move- in of equipment 30) A schedule of transfer dates shall be directly emailed to the National City Fire Marshal on a weekly basis. The list shall be a comprehensive schedule providing dates and times of transfer. This list shall also include quantity of product entering and leaving the City of National City 31) An emergency plan shall be created to meet code. This planshall be submitted to the National City Fire Department for approval. Emergency plan shall be kept current and shall adapt to changes in field operations as well as fire codes and ordinances 32) Wind direction is of major concern. Our traditional wind direction comes one lighting push toxic elements directly towards the freeway, schools, hotels and restaurants 33) A general 151 alarm would be the requirement for an incident at this site. Presently, the National City Fire Department does not meet this criterion, and would require a third engine and 2"d Battalion Chief through mutual aid from surrounding cities to complete a first alarm mutual aid assignment 34) The County Hazardous Material and HIRT Teams would be required 35) Contact with Barby Tipton with National City Engineering shall be required for storm water requirements 36) Secondary containment which may be necessary, shall meet current industry standards/BMP's as well as approval from the Engineering Department (Barby Tipton) 37) All electrical and mechanical devices shall meet the current editions of the Fire Code for use in hazardous/flammable environments. Please see the National City Building Official for code requirements on installed electrical items requiring permit 38) Street address shall be visible from the street, 8" inches in height, and in contrasting color to the structure. Please contact the National City Building Department for required address. This property shall be addressed for emergency response purposes 39) The TUP generally mentions the use of a mobile office. How does North Star propose lighting for after hour operations, class one division one lighting, electrical, heat, HVAC etc.? If any of these are proposed and will be used on site, please contact the Building Official for direction 40) Has the Military been contacted if necessary? 41) Contact planning on allowances for portable bathrooms Note: Additional continents may be required based on additional information provided due to the above comments. Final approval contingent upon final field inspection and compliance with all applicable codes and ordinances. COMMUNITY SERVICES No comments/stipulations from Community Services POLICE I have reviewed the Temporary Use Permit (TUP) for the North Star Gas Temporary Operation. The event is scheduled to begin September 15, 2011. Per the TUP, the event will take place entirely on the premises of the BNSF railroad, 2101 Tidelands Avenue. The event takes place daily. This TUP deals with a temporary use of the BNSF railroad property as a fuel transfer location, transferring fuel from rail cars to over the road tanker trucks. This is an extremely hazardous operation due to it very nature. This type of operation is well beyond the technical abilities or experience of the NCPD. For that reason, the NCPD must defer all NCPD stipulations to the NCFD. Based upon my review of the TUP, there are no specific NCPD stipulations unless NCPD is required by the NCFD. CITY ATTORNEY In addition to our standard provision, we are adding an additional requirement, as stated below. Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager. Applicant is required to enter an MOU with the City prior to issuance of a TUP, to address impacts identified by the City and the costs to ameliorate such impacts. NORTSTA-01 DWILLIAMS .ACCPRE.P. CERTIFICATE OF LIABILITY INSURANCE DATE(INM/DEVYYYY) 11114/2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE. COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND. THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. B SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certaln policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). - PRODucea License # CA 0620650 Mitchell Blank & Associates Insurance Services . P. O. Box 19258 Sacramento, CA 95819 CONTACTDebbie Williams NAME: PHONE (916)993-4870 Fax 916 993-4877 lac• No. at): WC, No): ( ) ADDRESS: dwilliams@mbainsurancegroup.com INSURERL) AFFORDING COVERAGE NAIC # INSURER A: First Specialty Insurance INSURED North Star Gas, LTD 2342 Forest Meadow Chula Vista, CA 91915 INSURER B :Arch Insurance Company INSURER C :Scottsdale Insurance Company INSURER D: Chubb Custom Insurance Co. INSURER E: INSURER F: • REVISION NUMBER: v THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEDABOVE FOR THE POLICY PERIOD INDICATED. NOTVNTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF ADDL INSR SUBR WVD POLICY NUMBER POUCY EFP (MM/ODNYYY) POLICY EXP /DIW IMMDYY) LIMA A GENERAL X UABILITY COMMERCIAL GENERAL LIABILITY X IRG53302 9/8/2011 9/8/2012 EACH OCCURRENCE - S 1,000,000 PREM13ES ERao mertce) $ 100,000 MED EXP (Any ono person) $ Excluded CLAIMS -MADE n OCCUR- PERSONAL ISADV INJURY S . 1,000,000 X $10,000 Ded/ Occ GENERAL AGGREGATE S 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 GEML AGGREGATE LIMIT APPLIES PER: GE J� I POLICY n Fl;T 7 LOC S B AUTOMOBILE X UABIUTY ANY AUTO ALL OWNED X X SCHEDULED AUTOS NON-0WNED AUTOS X FBCAT0177100 6/29/2011 6/29/2012 COMBINED SINGLE LIMIT $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ C X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE XLS0076663 9/8/2011 9/8/2012 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 2,000,000 $ DED • RETENTION$ WORKERS COMPENSATION ANDEMPLOYERS. LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE I I OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below - NIA ' WC STATU- TORYIIMITS OTH- FR E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ D Pollution 37313673 9/29/2011 9/29/2012 $25,000 Ded/ Occ 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule If more space is required) National City, their officials, employees, agents and volunteers are additoinal insured as respect general liability per CG2026 and additional Insured as respect automobile liability per FAIC-SKLBUS-AUE, forms attached. CERTIFICATE HOLDER CANCELLATION National City - City Hall 1243 National City Blvd. National City, CA 91950 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ACORD 26 (2010/05) POLICY NUMBER: IRG53302 COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY.. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Additional Insured Person(s) or Organization(s): National City, their officials, employees, agents and volunteers c/a City Hall 1243 National City Blvd. National City, CA 91950 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: A. In the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you. CG 20 26 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 Policy Number FBCAT0177100 ENDORSEMENT ARCH INSURANCE COMPANY Named Insured NORTH STAR GAS, LTD Effective Date: 06-29-11 12:01 A.M., Standard Time Agent No. FRO01 Agent Name FREBERG ENVIRONMENTAL INSURANCE, INC. BLANKET ADDITOINAL INSURED THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: TRUCKERS COVERAGE PART MOTOR CARRIER COVERAGE PART BUSINESS AUTO COVERAGE PART IT IS AGREED THAT ANY PERSON, ORGANIZATION, TRUSTEE, ESTATE OR GOVERNMENTAL ENTITY TO WHOM OR TO WHICH THE NAMED INSURED HAS CONSENTED, BY VIRTUE OF A WRITTEN AGREEMENT OR BY THE ISSUANCE OR EXISTENCE OF A PERMIT TO PROVIDE INSURANCE SUCH AS IS AFFORDED BY THIS POLICY, BUT ONLY WITH RESPECT TO OPERATIONS PERFORMED BY OR ON BEHALF OF THE NAMED INSURED AND THEN ONLY FOR. THE LIMITS OF LIABILITY SPECIFIED IN SUCH CONTRACT, BUT IN NO EVENT FOR LIMITS OF LIABILITY IN EXCESS OF THE APPLICABLE LIMITS OF LIABILITY OF THIS POLICY. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED FAIC-SKLBUS-AUE (06/01) INSUR®COPY STATE COMPENSATION INSURANCE FUND ISSUE DATE: 11-14-2011 CERTHOLDER COPY P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807 CERTIFICATE OF WORKERS' .COMPENSATION INSURANCE GROUP: 000316 POLICY NUMBER: 0000233-2010 CERTIFICATE ID:. 6 CERTIFICATE EXPIRES: 08-31-2012 08-31-2011/08-31-2012 CITY OF NATIONAL CITY 1243 NATIONAL CITY BLVD NATIONAL CITY CA 91950-4301 NF This is to certify that we have issued a valid Workers' Compensation insurance policy In a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. Thls policy is not subject to cancellation by the Fund except upon 10 days advance written notice to the employer. We will also give you 10 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of Insurance may be Issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. (• `9YNt�a G Authorized Representative President and CEO EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT 1J1600 - SMITH, DONALD PRES,SEC ,TRES -.EXCLUDED. EMPLOYER NORTH STAR GAS LTD, CO 110 W A ST STE 675 SAN DIEGO CA 92101 (REV.8•20101 NF [B1 X,NC] PRINTED : 11-14-2011 NF NEW Renewal of Number DECLARATIONS COMMERCIAL EXCESS LIABILITY POUCY JkSCOTTSDALE INSURANCE COMPANY° Home Office: One Nationwide flaza Columbus, OhIod3215 Administrative Office: 8877 North Gainey Center DriveScottsdale, Arizona 85258 1-800423-7675 A STOCK COMPANY Policy Number XLS0076663 ITEM 1. NAMED INSURED AND MAILING ADDRESS: AGENT NAME AND ADDRESS: NORTH STAR GAS, LTD 2342 FOREST MEADOW CHULA VISTA CA 91915 CROUSE & ASSOCIATES INSURANCE SERVICES OF N CA 100 PINE ST STE 2500 SAN FRANCISCO CA 94111 Agent No. 04767 Program No. NONE ITEM2. POLICY PERIOD From:09-08-2011 To:09-08-2012 12:01 A.M. Standard Time at your mating address. In return for the payment of the premium, and subject to all the terms of this policy, we agree to provide you with the insurance as stated in this policy. ITEM 3. THE NAMED INSURED IS: nIndividual DPartnership IIalCorporation Joint Venture Other ITEM 4. LIMIT OF INSURANCE: A. Each Occurrence B. Aggregate ITEM 5. SCHEDULE OF CONTROLLING UNDERLYING INSURANCE: See Schedule of Controlling Underlying Insurance ITEM 6. PREMIUM COMPUTATION: $ 1,000,000 $ 2,000,000 Flat Premium CA Surplus Lines Tax $690.00 $ 23, 000 Subject to Adjustment: CA Stamping Fee $57.50 Estimated Deposit Premium $ Estimated Exposure Base: Rate: Per: Policy Minimum Premium Audit Period: Annual X Other: WAIVED ITEM 7. ENDORSEMENTS ATTACHED TO THE POLICY AT INCEPTION: See Schedule of Forms and Endorsements LS-D-1 (11-08) THIS COMMERCIAL EXCESS LIASILITY DECLARATIONS WITH THE COVERAGE FORM AND ENDORSEMENTS, IF ANY, COMPLETE THE ABOVE -NUMBERED POLICY. hrsured Copy SCHEDULE OF FORMS AND ENDORSEMENTS PolicyNo. XL50076663 Named Insured NORTH STAR GAS, LTD Effective Date: 0 9- 0 8 -11 12:01 A.M., Standard Time Agent No. 09767 UMBRELLA/EXCESS FORMS AND ENDORSEMENTS UTS-COVPG NOTS0021CA NOTX0015CA NOTX0145CW NOTX0146CW NOTX0178CW XLS-D-1 UTS-SP-2L XLS-SP-1 CX 02 26 CX 00 01 07-09 COVER PAGE 01-09 NOTICE TO CALIFORNIA INSURED 02-00 IMPORTANT INFO FOR CA POLICYHOLDERS 05-02 NOTICE RESTRICTION OF COVERAGE 05-02 NOTICE TO POLICYHOLDERS 02-06 CLAIM REPORTING INFORMATION 11-08 EXCESS LIABILITY DECLARATION 12-95 SCHEDULE OF FORMS AND ENDORSEMENTS 11-08 SCHEDULE OF UNDERLYING INS. EXCESS LIAB. 09-08 CA CHANGES - CANC AND NON REEL 09-08 COMM EXCESS LIAB COVG FORM CX 21 01 09-08 NUCLEAR ENERGY LIAB EXCL BROAD FM CX 21 02 09-08 TOTAL POLLUTION EXCLUSION CX 21 33 09-08 EXCL CERTIFIED ACTS OF TERRORISM UTS-119G 01-00 MINIMUM EARNED CANCELLATION PREMIUM UTS-74G 08-95 PUNITIVE OR EXEMPLARY DAMAGE EXCL UXS-3008 01-07 CONTINUING OR ONGOING DAMAGE EXCLUSION XLS-0160 11-08 ASBESTOS EXCL XLS-0270 11-08 CARE, CUSTODY, OR CONTROL EXCL XLS-038•0 11-08 CROSS LIAR EXCL XLS-0405 11-08 DESIGNATED OPERATIONS EXCL XLS-0406 11-08 DESIGNATED OPERATIONS ENDORSEMENT XLS-0432 11-08 DESIGNATED WORK EXCL - EXT INS & FIN SYS XLS-0520 11-08 EMPLOYMENT -RELATED PRACTICES EXCL XLS-0530 11-08 EMPLOYEES' RET INCOME SECURITY ACT EXCL X1S-0540 11-08 EMPLOYERS LIABILITY EXCLUSION XLS-0795 11-08 KNOWN INJURY OR DAMAGE EXCLUSION XLS-0821 11-08 LEAD CONTAMINATION EXCL. XLS-1160 11-08 PROFESSIONAL LIABILITY EXCL. XLS-1502 11-08 WAR LIABILITY EXCLUSION XLS-1503 11-08 FUNGI OR BACTERIA EXCLUSION XLS-2318 11-08 VIOLATION OF STATUTES THAT GOVERN E-MAIL XLS-2322 11-08 UNDERLYING SUBLIMIT COVERAGE EXCLUSION XLS-2339 11-08 AUTO LIABILITY EXCLUSION XLS-2341 11-08 SILICA OR SILICA RELATED DUST EXCLUSION XLS-2345 07-09 EMPLOYEE BENEFITS LIAB EXCL UTS-9G 05-96 SERVICE OF SUIT CLAUSE UTS-SP-2L (12-95) Insured Copy i k SCOTTSDALE INSURANCE COMPANY' COMMERCIAL EXCESS LIABILITY SCHEDULE OF CONTROLLING UNDERLYING INSURANCE Policy No.:XLS0076663 Named Insured: NORTH STAR GAS, LTD Effective Date: 0 9— 0 8 —11 12:01 A.M. Standard lime Agent No.: 047 67 INSURER, POLICY NUMBER TYPE OF COVERAGE AND POLICY PERIOD APPLICABLE LIMITS General Liability Insurer's Name FIRST SPECIALTY INSURANCE CORP Policy Number ON FILE WITH COMPANY Policy Period 09/08/11to09/08/12 General Aggregate Applies Applicable Limits $1, 000, 000 Each Occurrence $1, 000, 000 Personal and Advertising Injury $2, 000,000 General Aggregate (other than products/ • completed operations) PER POLICY $2,000,000 Products/Completed Operations Aggregate I X f Occurrence I I Claims Made Commercial Auto Liability Insurer's Name NOT APPLICABLE Policy Number Policy Period to Bodily Injury and Property Damage Limit $ Each Accident Employer's Liability Insurer's Name NOT APPLICABLE Policy Number Policy Period to Bodily Injury Limit $ Each Accident (by accident) $ Policy Limit (by disease) $ Each Employee (by disease) XLS-SP-1 (11-08) Insured Copy COMMERCIAL EXCESS LIABILITY CX00010908 COMMERCIAL EXCESS LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and 'your" refer to the Named Insured shown in the Declarations, and any other person or organization qualifying as a Named Insured under this policy. The words ''we", "us" and "our" refer to the company providing this insur- ance. The word "insured" means any person or or- ganization qualifying as such under the "controlling underlying insurance". Other words and phrases that appear in quotation marks in this Coverage Part have special meaning. Defer to Section IV — Definitions. Other words and phrases that are not defined under this Coverage Part but defined in the "controlling underlying insurance" will have the meaning described in the policy of "con- trolling underlying insurance". The insurance provided under this Coverage Part will follow the same provisions, exclusions and limitations that are contained in the applicable "controlling under- lying insurance", unless otherwise directed by this insurance. To the extent such provisions differ or conflict, the provisions of this Coverage Part will ap- ply. However, the coverage provided under this Cov- erage Part will not be broader than that provided by the applicable "controlling underlying insurance". There may be more than one "controlling underlying insurance" listed in the Declarations and provisions in those policies conflict, and which are not superseded by the provisions of this Coverage Part. In such a case, the provisions, exclusions and limitations of the "controlling underlying insurance" applicable to the particular "event" for which a claim is made or suit is brought will apply. SECTION I —COVERAGES 1. Insuring Agreement a. We will pay on behalf of the insured the "ulti- mate net loss" in excess of the "retained limit" because of 'injury or damage" to which insur- ance provided under this Coverage Part ap- plies. We will have the right and duty to defend the insured against any suit seeking damages for such 'injury or damage" when the applicable limits of "controlling underlying insurance" have been exhausted in accordance with the provi- sions of such "controlling underlying insur- ance". CX 00 01 09 08 When we have no duty to defend, we will have. the right to defend, or to participate in the de- fense of, the insured against any other suit seeking damages for Injury or damage". However, we will have no duty to defend the insured against any suit seeking damages for which insurance under this policy does not ap- ply. At our discretion, we may investigate any "event" that may involve this insurance and set- tle any resultant claim or suit, for which we have the duty to defend. But: (1) The amount we will pay for "ultimate net loss" is limited as described in Section 1I — Limits Of Insurance; and (2) Our right and duty to defend ends when we have used up the applicable limit of insur- ance in the payment of judgments or set- tlements under this Coverage Part. How- ever, if the policy of "controlling underlying insurance" specifies thal limits are reduced by defense expenses, our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of defense expenses, judgments or settle- ments under this Coverage Part. b. This insurance applies to "injury or damage" that is subject to an applicable "retained limit". If any other limit, such as, a sublimit, is specified in the "controlling underlying insurance", this insurance does not apply to "injury or damage" arising out of that exposure unless that limit is specified in the Declarations under the Sched- ule of "controlling underlying insurance". c. If the "controlling underlying insurance" re- quires, for a particular claim, that the "injury or damage" occur during its policy period in order for that coverage to apply, then this insurance wit only apply to that "injury or damage" if it occurs during the policy period of this Cover- age Part. If the "controlling underlying insur- ance" requires that the "event" causing the par- ticular 'injury or damage" takes place during its policy period in order for thal coverage to ap- ply, then this insurance will apply to the claim only if the "event" causing that 'injury or dam- age" takes place during the policy period of this Coverage Part. © ISO Properties, Inc., 2007 Page 1 of 5 ❑ Insured Copy d. Any additional insured under any policy of "controlling underlying insurance" will auto- matically be an additional insured under this In- surance. Ifcoverage provided to the additional Insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance required by the contract, less any amounts payable by any "controlling underlying insurance". Additional insured coverage provided by this insurance will not be broader than coverage provided by the "controlling underlying insur- ance". 2. Exclusions The following exclusions, and any other exclu- sions added by endorsement, apply to this Cover- age Part. In addition, the exclusions applicable to any "controlling underlying insurance" apply to this insurance unless superseded by the following ex- clusions, or superseded by any other exclusions added by endorsement to this Coverage Part. Insurance provided under this Coverage Part does not apply to: a. Medical Payments Medical payments coverage or expenses that are provided without regard to fault, whether or not provided by the applicable "controlling un- derlying insurance". b. Auto Any loss, cost or expense payable under or re- sulting from any of the following auto cover- ages: (1) First -party physical damage coverage; (2) No-fault coverage; (3) Personal injury protection or auto medical payments coverage; or (4) Uninsured or underinsured motorists cov- erage. c. Pollution (1) "Injury or damage" which would not have occurred, in whole or in part, but for the ac- tual, alleged or threatened discharge, dis- persal, seepage, migration, release or es- cape of pollutants at any time. (2) Any loss, cost or expense arising out of any: (a) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, re- move, contain, treat, detoxify or neutral- ize, or in any way respond to, or assess the effects of, pollutants; or (b) Claim or suit by or on behalf of a gov- ernmental authority for damages be- cause of testing for, monitoring, clean- ing up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, pollutants. This exclusion does not apply to the extent that valid "controlling underlying insurance" for the pollution liability risks described above exists or would have existed but for the exhaustion of underlying limits for 'injury or damage". d. Workers' Compensation And Similar Laws Any obligation of the insured under a workers' compensation, disability benefits or unemploy- ment compensation law or any similar law. SECTION II —LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations, and the rules below fix the most we will pay re- gardless of the number of: a. Insureds; b. Claims made or suits brought, or number of vehicles involved; c. Persons or organizations making claims or bringing suits; or d. Limits available under any "controlling underly- ing insurance". 2. The Limits of Insurance of this Coverage Part will apply as follows: a. This insurance only applies in excess of the "retained limit". b. The Aggregate Limit is the most we wit pay for the sum of all "ultimate net loss", for all 'injury or damage" covered under this Coverage Part. However, this Aggregate Limit only applies to 'Injury or damage" that is subject to an aggre- gate limit of insurance under the "controlling underlying insurance". c. Subject to Paragraph 2.b. above, the Each Occurrence Limit is the most we will pay for the sum of all "ultimate net loss" under this insur- ance because of all 'injury or damage" arising out of any one "event". d. If the Limits of Insurance of the "controlling underlying insurance" are reduced by defense expenses by the terms of that policy, any pay- ments for defense expenses we make will re- duce our applicable Limits of Insurance in the same manner. Page 2 of 5 © ISO Properties, Inc., 2007 CX 00 01 09 08 ❑ Insured Copy 3. If any "controlling underlying insurance" has a policy period that is different from the policy period of this Coverage Part then, for the purposes of this insurance, the "retained limit" will only be re- duced or exhausted by payments made for 'injury or damage" covered under this insurance. The Aggregate Limit of this Coverage Part applies separately to each consecutive annual period of this Coverage Part and to any remaining period of this Coverage Part of less than 12 months, starling with the beginning of the policy period shown in the Decla- rations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits. of Insurance. SECTION III —CONDITIONS The following Conditions apply. In addition, the Con- ditions applicable to any "controlling underlying insur- ance" are also applicable to the coverage provided under this insurance unless superseded by the follow- ing conditions. 1. Appeals If the "controlling underlying insurer" or insured elects not to appeal a judgment in excess of the amount of the "retained limit", we may do so at our own expense. We will also pay for taxable court costs, pre- and postjudgment interest and dis- bursements associated with such appeal. In no event will this provision increase our liability be- yond the applicable Limits of Insurance described in Section II —Limits Of Insurance. 2. Bankruptcy a. Bankruptcy Of Insured Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part. b. Bankruptcy Of Controlling Underlying Insurer Bankruptcy of the "controlling underlying in- surer" will not relieve us of our obligations un- der this Coverage Part. However, insurance provided under this Coverage Part will not replace any "controlling underlying in- surance" in the event of bankruptcy or insolvency of the "controlling underlying insurer". The insur- ance provided under this Coverage Part will apply as if the "controlling underlying insurance" were in full effect and recoverable. CX 00 01 09 08 3. Duties In The Event Of An Event, Claim Or Suit a. You must see to it that we are notified as soon as practicable of an "event", regardless of the amount, which may result in a claim under this insurance. To the extent possible, notice. should include: {1)How, when and where the "event" took place; {2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any 'injury or damage" arising out of the "event". b. If a claim is made or suit is brought against any insured, you must: (1) Immediately record the specifics of the claim or suit and the date received; and (2) Notify us as soon as practicable. You must see to it that we receive written no- tice of the claim or suit as soon as practicable. c. You and any other insured involved must: (1) Immediately send us copies of any de- mands, notices, summonses or legal papers received in connection with the claim or suit; (2) Authorize us to obtain records and other information; Cooperate with us in the investigation or settlement of the claim or defense against the suit; and (4) Assist us, upon our request, in the en- forcement of any right against any person or organization which may be liable to the insured because of 'injury or damage" to which this insurance may also apply. d. No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. 4. First Named Insured Duties The first Named Insured is the person or organiza- tion first named in the Declarations and is respon- sible for the payment of all premiums. The first Named Insured will act on behalf of all other Named Insureds for giving and receiving of notice of cancellation or the receipt of any return pre- mium that may become payable. {3) © ISO Properties, Inc., 2007 Page 3 of 5 ❑ Insured Copy At our request, the first Named Insured will furnish us, as soon as practicable, with a complete copy of any "controlling underlying insurance" and any subsequently issued endorsements or policies which may in any way affect the insurance pro- vided under this Coverage Part 5. Cancellation a. The first Named Insured shown in the Declara- tions may cancel this policy by mailing or deliv- ering to us advance written notice of cancella- tion. b. We may cancel this policy by mailing or deliver- ing to the first Named Insured written notice of cancellation at least: (1) 10 days before the effective date of cancella- tion if we cancel for nonpayment of pre- mium; or (2) 30 days before the effective date of cancella- tion if we cancel for any other reason. c. We will mail or deliver our notice to the first Named Insureds last mailing address known to us. d. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. e. If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. if the first Named Insured cancels, the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. f. If notice is mailed, proof of mailing will be suffi- cient proof of notice. 6. Changes This Coverage Part contains all the agreements be- tween you and us concerning the insurance af- forded. The first Named Insured is authorized by all other insureds to make changes in the terms of this Coverage Part with our consent. This Cover- age Part's terms can be amended or waived only by endorsement. 7. Maintenance Of/ Changes To Controlling Underlying Insurance Any "controlling underlying insurance" must be maintained in full effect without reduction of cover- age or limits except for the reduction of aggregate limits in accordance with the provisions of such "controlling underlying insurance" that results from "injury or damage" to which this insurance applies. Such exhaustion or reduction is not a failure to maintain "controlling underlying insurance". Failure to maintain "controlling underlying insurance" will not invalidate Insurance provided under this Cov- erage Part, but insurance provided under this Cov- erage Part will apply as if the "controlling underly- ing insurance were in full effect. The first Named Insured must notify us in writing, as soon as practicable, if any "controlling underly- ing insurance is cancelled, not renewed, replaced or otherwise terminated, or if the limits or scope of coverage of any "controlling underlying insurance" is changed. 8. Other Insurance a. This insurance is excess over, and shall not contribute with any of the other insurance, whether primary, excess, contingent or on any other basis. This condition will not apply to in- surance specifically written as excess over this Coverage Part. When this insurance is excess, if no other in- surer defends, we may undertake to do so, but we will be entitled to the insured's rights against all those other insurers. b. When this insurance is excess over other in- surance, we will pay only our share of the "ul- timate net loss" that exceeds the sum of: (1) The total amount that ail such other insur- ance would pay for the loss in the absence of the insurance provided under this Cov- erage Part; and (2) The total of all deductible and self -insured amounts under all that other insurance. 9. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. If this policy is audilable, the premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each au- dit period, we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit pre- mium is the date shown as the due date on the bill. If the sum of the advance and audit premi- ums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computa- tion, and send us copies at such times as we may request. • Page 4 of 5 0IS0 Properties, Inc., 2007 CX 00 01 09 08 ❑ Insured Copy 10. Loss Payable Liability .under this Coverage Part does not apply to a given claim unless and until: a. The insured or insured's "controlling underly- ing insurer" has become obligated to pay the "retained limit"; and b. The obligation of the insured to pay the "ulti- mate net loss" in excess of the "retained limit" has been determined by a final settlement or judgment or written agreement among the in- sured, claimant, "controlling underlying insurer" (or a representative of one or more of these) and us. 11. Legal Action Against Us No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us into a suit asking for damages from an insured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are In excess of the ap- plicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured, "controlling underlying. insurer" and the claimant or the claimant's legal representa- tive. 12. Transfer Of Defense a. Defense Transferred To Us When the limits of "controlling underlying in- surance" have been exhausted, in arrordance with the provisions of "controlling underlying insurance", we may elect to have the defense transferred to us. We will cooperate in the transfer of control to us of any outstanding claims or suits seeking damages to which this insurance applies and which would have been covered by the "controlling underlying insur- ance' had the applicable limit not been ex- hausted. b. Defense Transferred By Us When our limits of insurance have been ex- hausted our duty to provide a defense will cease. CX 00 01 09 08 We will cooperate in the transfer of control of defense to any insurer specifically written as excess over this Coverage Part of any out- standing claims or suits seeking damages to which this insurance applies and which would. have been covered by the "controlling underly- ing insurance" had the applicable limit not been exhausted. In the event that there is no insurance written as excess over this Coverage Part, we will co- operate in the transfer of control to the insured and its designated representative. 13. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not Tess than 30 days before the expi- ration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION IV — DEFINITIONS The definitions applicable to any "controlling underly- ing insurance" also apply to this insurance. In addi- tion, the following Definitions apply. 1. "Controlling underlying insurance" means any policy of insurance or self-insurance listed in the Declarations under the Schedule of "controlling underlying insurance". 2. "Controlling underlying insurer" means any insurer who provides any policy of insurance listed in the Declarations under the Schedule of "controlling underlying insurance'. 3. "Event" means an "occurrence", offense, accident, act, or other event, to which the applicable "con- trolling underlying insurance" applies. 4. "Injury or damage" means any injury or damage, covered in the applicable "controlling underlying insurance" arising from an "event". 5. "Retained limit" means the available limits of "con- trolling underlying insurance" applicable to the claim. 6. "Ultimate net loss" means the total sum, after re- duction for recoveries, or salvages collectible, that the insured becomes legally obligated to pay as damages by reason of: a. Settlements, judgments, binding arbitration; or b. Other binding alternate dispute resolution proceeding entered into with our consent. "Ultimate net foss" includes defense expenses if the "controlling underlying insurance" specifies that limits are reduced by defense expenses. © ISO Properties, Inc., 2007 Page 5 of 5 ❑ ninetl Copy WID ,ate ''. CERTIFICATE OF LIABILITY INSURANCE DA'E(WAND/MY) 9/2/2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. AND CONFERS NO RIGHTS UPON THE CERTIFICATE EXTEND OR ALTER THE COVERAGE AFFORDED HOLDER. THIS BY THE POLICIES AUTHORIZED A CONTRACT BETWEEN' THE ISSUING INSURER(S), IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(iesj must be endorsed. It SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER (530) 668-2777 Armstrong & Associates Insurance Services License # 0850501 P.O. Box 1270 Woodland, CA 95776-1270 CT Debbie Williams MAW 916-643-9671 FAX AN Fa nc (MC. Not: 916A23-2797 ADORss dwililams(d�armstrongprofessional.com PROD1 CUSTOMER 1Dd1: NORTSTA-04 INSURER(S) AFFORDING COVERAGE MC • INSURED North Star Gas, LTD 2342 Forest Meadow Chula Vista, CA 91915- INSURER A : First Specialty Insurance Corporation INSURER BArch Insurance Company INSURER C:Scottsdale Insurance Company wawa D:Chubb Group of insurance Co. INSURERE: INSURER F : COVERAGES CERTIFICATE NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDEDBYTHE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OFINSURANCE yyyp POLICY NUMBER DCy FF /MM d'/YY10 pOLCY p(p OSNAD/YYY`!le UNIT A GENERAL X , LUIBBlrY. COMMERCIAL GENERAL UABLLNY X OCCUR X X IRG53302 9/8/2011 9/8/2012 , ' EACH OCCURRENCE S 1,000,000_ P —1 $ 50,000 cLJ15MADE .. LIED DP (My on. pmmn) Excluded X $10,000DedlOcc ,$ PERsormaADvRwRY $ 1,000,000 , GENERAL AGGREGATE S 2,000,000 0ENLAGGREGATE UMITAPP�LIES PER: 1-1 LOC t PRODUCTS- COMP/OP AGG $ 2,000,000 IPOLIC„n - _ B AUTOMOBILE X X X UABIUTY ANY AUTO X X . FBCAT0177100 6/29/2011 6/29/2012 CO SSdGLE LIMIT - s 1,000,000 BODILY MIRY (Per person) S BODILY INJURY (Per aWdeti 5 PROPERTY DAMAGE (Per .aided) S S s C ' UMBRELLA LIAR EXCESS UN) — OCCUR CLAIMS-MAOE XLS0076663 9/8/2011 9/8/2012 EACH OCCURRENCE S 1,000,000 AGGREGATE $ 2,000,000 D DEDUCTIBLE . RETENTION $ y S WORKERS COMPENSATION ANDEMPLOYERS'LIABILRY YIN ANY PROPRE:rORR'ARTNEWDIECUTIVE OFFICER/MEMBER EXCLUDED? (Mandabww In lag N yoo. describe Inds DESCRIPTION OF OPERATIONS below N /A WC STATU- OTT - TORY UMITS ER EL EACH ACCIDENT S EL DISEASE- EA EMPLOYEE S EL DISEASE -POLICY LIMIT S D Pollution. TBD '9/8/2011 9/8/2012 Occ Limit/ Agg LimWUDed $2MM1$4MM/ $25,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES (AtiedtACORD 101. Additional Remarks Schedule If mere apace Is required) Burlington Northern Santa Fe, LLC and subsidiaries, successors, assigns and affiliates, Jones Lang La Salle Global Services -RR, Inc and Staubach Global Services -RR, Inc are additional insured as respect general liability per CG2026 attached, waiver of subrogation per CG2404, additional insured as respect automobuile liability and waiver of subrogation are applicable per FAIC-SKLBUS-AUE coverage applies on a primary and non-contritory basis, and WC certificate with waiver of subrogation attached. CERTIFICATE HOLDER CANCELLATION Burlington Norhem Santa Fe LLC BNSF Railway Company P.O. Box 12010-BN Hemet, CA 92546- SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED . IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ( ` L ACORD 25 (2009/09) 01988-2009 ACORD CORPORATION. All rights reserved. The ACORD, name and logo are registered marks of ACORD POLICY NUMBER: IRG53 3 02 COMMERCIAL GENERAL LIABILITY CG 20 26 07 04. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s).Or Organization(s) Burlington Northern. Santa Fe LLC and subsidiaries, successors, assigns and affiliates, Jones Lang La Salle Global Services -RR Inc Staubach Global Services- RR Inc. P.O. Box 12010-BN Hemet, CA 92546- Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section 11 — Who Is An Insured is amended to in- clude as an additional insured the person(s) or organi- zation(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omis- sions of those acting an your behalf: A. In the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you. CG 20 26 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 POLICY NUMBER: IRG53302 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Burlington Northern Santa Fe, LLC and subsidiaries, successors, assigns and affiliates, Jones Lang La Salle Global Services -RR Inc and Staubach Global Services -RR Inc Information required to complete this Schedule, if not shown above, will be shown In the Declarations. The following Is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV - Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products - completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 ❑ Named Insured ENDORSEMENT ARCH INSURANCE COMPANY NORTH STAR GAS, LTD Poky Number FBCAT0177100 Effective Date: 06-- 29-11 12:01 AM., Standard Time Agent No. FROO1 AgentName FREBERC ENVIRONMENTAL. INSURANCE, INC. BLANKET ADDITOINAL INSURED THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: TRUCKERS COVERAGE PART MOTOR CARRIER COVERAGE PART BUSINESS AUTO COVERAGE PART IT IS AGREED THAT ANY PERSON, ORGANIZATION, TRUSTEE, ESTATE OR GOVERNMENTAL ENTITY TO WHOM OR TO WHICH THE NAMED INSURED HAS CONSENTED, BY VIRTUE OF A WRITTEN AGREEMENT OR BY THE ISSUANCE OR EXISTENCE OF A PERMIT TO PROVIDE INSURANrF snra_m_as AFFORDED BY THIS POLICY, BUT ONLY WITH RESPECT TO OPERATIONS PERFORMED BY OR ON BEHALF OF THE NAMED INSURED AND THEN ONLY FOR THE LIMITS OF LIABILITY SPECIFIED IN SUCH CONTRACT, BUT IN NO EVENT FOR LIMITS OF LIABILITY IN EXCESS OF THE APPLICABLE LIMITS OF LIABILITY OF THIS POLICY. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY 'REMAIN UNCHANGED. FAIC-SKLBUS-AUE (06/01) NSIHEo.0 'r ENDORSEMENT ARCH INSURANCE COMPANY Named insured NORTH STAR GAS, LTD AgentName FREBERG ENVIRONMENTAL INSURANCE, INC. Poky Number FBCAT0177100 Effective Date: 06-29-11 12:01 A.M., Standard Time Agent No. FRO 01 BLANKET WAIVER OF SUBROGATION THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: TRUCKERS COVERAGE PART BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART CHANGES IN TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) WE WAIVE ANY RIGHTS OF RECOVERY WE MAY HAVE AGAINST THE PERSON OR ORGANIZATION SHOWN BELOW BECAUSE OF PAYMENTS WE MAKE FOR "BODILY INJURY" OR "PROPERTY DAMAGE" ARISING OUT OF YOUR ONGOING OPERATIONS. THIS WAIVER APPLIES ONLY TO THE PERSON OR ORGANIZATION SHOWN BELOW. BLANKET AS REQUIRED BY WRITTEN CONTRACT OR AGREEMENT ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED FAIGSKLBUS-AUE (06/01). I119JflEi3-CC?Y STATE COMPENSATION INSURANCE. FUND ISSUE DATE: 09-06-2011 SNSF RAILWAY CO PO BOX 12010. HEMET CA 92546-8010 CERTHOLDER COPY P.O. BOX 420807, SAN FRANCISCQCA 94142-0807 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE NF GROUP: 000316 POLICY NUMBER 0000233-2010 CERTIFICATE ID: 1 CERTIFICATE EXPIRES: 08-31-2012 08-31-2011/08-31-2012 This is to certify that we have issued a valid Workers' Compensation insurance policy In a form approved by the California Insurance Commissioner to the employer named below for the policy period Indicated This policy is not subject to cancellation by the Fund except upon days advance written notice to the employer. We will also give you 10 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions. of such policy. Authorized Representative \j President and CEO EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #1600 - SMITH, DONALD P,S T - EXCLUDED. ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 2011-09-06 IS ATTACHED TD AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: BNSF RAILWAY CO EMPLOYER NORTH STAR GAS LTD, CO 2342 FOREST MEADOW CHULA VISTA CA 91915 NF [B11,NC] PRINTED : 09-06-2011 NF IRE V.8-9010) STATE COMPENSATION INSLJANCE FUND ISSUE DATE: 09-08-2011 CERTHOLDER COPY P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE JONES LANG LASALLE GLOBAL SERVICE - RR INC PO BOX 12010 HEMET CA 92546-8010 GROUP: 000316 POLICY NUMBER 0000233-2010 CERTIFICATE ID: 2 CERTIFICATE EXPIRES: 08-31-2012 08-31-2011/08-31-2012 This Is to certify that we have Issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period Indicated This policy is not subject to cancellation by the Fund except upon 10 days advance written notice to the employer. We will also give you 10 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance Is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein Notwithstanding any requirement term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein Is subject to all the terms, exclusions, and conditions, of such policy. t "8►1Acy. C Authorized Representative \) President and CEO EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT H1600 - SMITH, DONALD P,S T - EXCLUDED. ENDORSEMENT /2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 2011-09-06 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: JONES LANG LASALLE GLOBAL SERVICE - RR INC EMPLOYER NORTH STAR GAS LTD, CO 2342 FOREST MEADOW CHULA VISTA CA 91915 NF [611,NCI PRINTED : 09-06-2011 NF IREV.a-zotol STATE COMPENSATION I N S U R A N C E FUND ISSUE DATE: 09-08-2011 CERTHOLDER COPY P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE STAUBACH GLOBAL SERVICES - RR PO BOX 12010 HEMET CA 82646-8010 NF GROUP: 000318 POLICY NUMBER: 0000233-2010 CERTIFICATE ID: 3 CERTIFICATE EXPIRES:08-31-2012 08-31-2011/08-31-2012 This is to certify that we have Issued a valld Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated This policy is not subject to cancellation by the Fund except upon 10 days advance written notice to the employer. We will also give you 10 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein Notwithstanding any requirement. term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the Insurance afforded by the policy deserted herein is subject to all the terms, exclusions, and conditions. of such policy. t "aiLltr. L Authorized Representative \) President and CEO EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #1600 - SMITH, DONALD P,S T - EXCLUDED. ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 2011-09-06 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: STAUBACH GLOBAL SERVICES - RR EMPLOYER NORTH STAR GAS LTD, CO 2342 FOREST MEADOW CHULA VISTA CA 91915 1REV.6.20101 NF [B11,NC] PRINTED : 09-06-2011 NF OFFICE OF THE CITY CLERK 1243 National City Blvd. National City, California 91950 Michael R. Dalla, CMC - City Clerk 619-336-4228 phone / 619-336-4229 fax NORTH STAR GAS LTD., COMPANY Temporary Use Permit Transfer Site -1201 Tidelands Avenue 09-06-11 City Council Meeting/ Item #18 Brandon Woodward (North Star Gas) Picked Up Copy of MOU on 01-10-12 Mayor Ron Morrison Council Members Alejandra Sotelo-Solis Louis Natividad Mona Rios Rosalie Zarate 1ti3'8 Office of the City Attorney City Attomey Claudia Gacitua Silva Special Legal Counsel George H. Eiser, III Senior Assistant City Attorney Jodi L. Doucette To: Michael Dalla, City Clerk Date: December 28, 2011 A From: George Eiser, Legal Advisor' Subject: Transmittal of MOU with North Star Gas //////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////// Transmitted herewith for your files is the executed original of the Memorandum of Understanding between the City and North Star Gas Ltd. Company. The MOU was authorized by the City Council at their meeting of September 6, 2011, as part of the Council's approval of TUP for a temporary LP gas transfer site (Agenda Item No. 18). Also attached are the certificates of insurance evidencing the insurance coverage required to be furnished by the applicant under the MOU. 1243 National City Boulevard; National City, California 91950-4301 Tel.: (619) 336.4220 Fax: (619) 336.4327 Page 1 of 1 George Eiser From: Ed Garbo Sent: Tuesday, December 06, 2011 4:17 PM To: bwoodward@northstargasltd.com Cc: George Eiser; Claudia Silva; Patricia Beard; Stephen Manganiello Subject: Insurance Brandon, We have now received the required additional insured endorsements from you which completes our request. It is our understanding from your insurance agent Patricia Blank that their underwriter do not believe an additional insurance endorsement is required on the umbrella policy since that policy follows the form of the general policy. Please feel free to contact me should you have any questions or comments. Ed Garbo Risk Management 619-336-4370 12/6/2011 George Eiser From: Sent: To: Subject: Ed Garbo Tuesday, December 06, 2011 4:23 PM George Eiser FW: North Star Gas National City Project Attachments: National: City Additioanl Insureds.pdf • National City Additioanl Insur... Hi George, This should be last of the insurance endorsements. Ed Garbo Risk Management Original Message From: Ed Garbo [mailto:egarbo@cmaadjuster.com] Sent: Tuesday, December 06, 2011 11:03 AM To: Ed Garbo Subject: FW: North Star Gas National City Project Original Message From: Brandon Woodward[mailto:bwoodward@northstargasltd.com] Sent: Monday, December 05, 2011 3:59 PM To: egarbo@cmaadjuster.com Subject: North Star Gas National City Project Ed, I've contacted Pat and asked her to get certificates to you showing National City listed as an additional insured for our Umbrella and Pollution Policies. I believe we already have the endorsement for the auto policy (see page three of the attached document). I've asked Pat to get in touch with you if possible, to avoid any miscommunication issues. As you indicated in our phone conversation, we have also previously provided proof to you for our General Liability Policy and Workers' Compensation. Thank you for all of your assistance with this. Sincerely, Brandon Brandon Woodward North Star Gas Ltd 404-387-8291 This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the system manager. Please note that any views or opinions presented in this email are solely those of the author and do not necessarily represent those of the company. Finally, the recipient should check this email and any attachments for the presence of viruses. North Star Gas Ltd accepts no liability for any damage caused by any virus 1 transmitted by this email. 2 MEMO To: George Eiser RE: North Star Gas. LTD Attached are the insurance certificates for North Star Gas we spoke about Ed Garbo Risk Management Department City of National City 11/08/11