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File Number: 19-360 <br />the regulations into effect without a lapse. This urgency ordinance will automatically terminate <br />when the regular ordinance is effective, which would be July 31, 2019. <br />BACKGROUND <br />The purpose of this urgency ordinance is to implement urban water runoff requirements to reduce <br />PCBs entering the water systems of the Bay. PCBs have been detected in elevated levels in <br />certain fish within the San Francisco Bay. Some PCBs contain toxic compounds that are often <br />carried into the Bay by rain and contaminated soil. The toxic compounds bioaccumulate in fat, <br />which exposes animals and humans to these compounds through consumption of fish. <br />Urban stormwater runoff is considered a significant pathway for PCBs into the Bay. Targeting <br />PCBs will address the contaminants entering the Bay through MS4s. Accordingly, regulatory <br />agencies are requiring San Francisco Bay Area municipalities to address sources of PCBs in <br />stormwater runoff discharged to the Bay through MS4s. This regulation targets selected “Priority <br />Building Materials” that may contain relatively high levels of PCBs, especially in buildings that <br />were constructed or remodeled from January 1, 1950 to December 31, 1980. <br />During demolition, PCBs-containing building material in buildings may be released to the <br />environment and transported to the Bay by stormwater runoff. The “Priority Building Materials” are <br />caulking, thermal/fiberglass insulation, adhesive/mastic, and rubber window gaskets. These <br />materials were identified in an initial review conducted to identify the full list of known <br />PCBs-containing building materials. The materials were prioritized by developing a six factor list <br />relating to the load or mass of PCBs contained in the materials, the likelihood that the materials <br />would enter stormwater during the demolition process, and the relative difficulty of removing the <br />materials from a building. <br />Water quality in the San Francisco Bay Region is regulated by the Regional Water Board. The <br />Region encompasses portions of Alameda, Contra Costa, Marin, Napa, Santa Clara, San <br />Francisco, San Mateo, Solano, and Sonoma Counties. The Regional Water Board developed <br />Total Maximum Daily Loads (“TMDLs”), requiring a reduced amount of PCBs draining into the <br />Bay. The PCBs TMDL estimates that 20 kilograms per year (kg/year) of PCBs enters the Bay in <br />stormwater runoff, and requires this input be reduced to 2 kg/year, a 90% reduction. <br />In 2015 the Regional Water Board reissued the Municipal Regional Permit (MRP), a National <br />Pollutant Discharge Elimination System (NPDES) permit that regulates discharges of stormwater <br />runoff from MS4s. The MRP contains provisions implementing the PCBs TMDL requirements <br />regarding discharges of PCBs through stormwater into the Bay. This includes Provision C.12.f., <br />which requires Permittees to provide authority to the Permittee to develop new programs and to <br />manage PCBs-containing materials exposed to the environment during building demolition. <br />Remodeling, partial building, wood framed structure, and single-family residence demolition <br />projects are exempt. The MRP requires adoption of these new programs and implementation by <br />July 1, 2019. <br />Analysis <br />The City of San Leandro (City) is required by the MRP to reduce PCBs discharges in stormwater <br />Page 2 City of San Leandro Printed on 6/12/2019 <br />216