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8K Consent 2019 0617
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8K Consent 2019 0617
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Last modified
7/3/2019 3:18:49 PM
Creation date
6/12/2019 6:57:20 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agenda
Document Date (6)
6/17/2019
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PERM
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Ord 2019-011 PAD
(Approved)
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\City Clerk\City Council\Ordinances\2019
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File Number: 19-360 <br />runoff. This Urgency Ordinance targets Priority Building Materials that may contain relatively high <br />levels of PCBs, specifically in buildings constructed or remodeled between 1950 and 1980. The <br />Priority Building Materials are caulking, thermal/fiberglass insulation, adhesive/mastic, and rubber <br />window gaskets. Staff recommends that these Priority Building Materials be regulated during <br />building demolition to prevent the materials and associated PCBs from potentially being released <br />into the environment and transported to the Bay by stormwater runoff. <br />This Urgency Ordinance requires the City to implement an assessment process for PCBs in <br />building materials. It requires the City notify demolition permit applicants about the new <br />requirement to conduct a PCBs in Priority Building Materials Screening Assessment. The PCBs <br />in Priority Building Materials Screening Assessment is a two-step process to determine whether <br />1) the building proposed for demolition is high priority for PCBs-containing building materials <br />based on the structure age, use, and construction type; and if so 2) demonstrate the presence or <br />absence and concentration of PCBs in Priority Building Materials through existing information <br />and/or representative sampling and chemical analysis. A building must first receive a <br />determination on whether it is an applicable structure. It is anticipated that many projects will not <br />involve the demolition of applicable structures. Demolition permit applicants for projects that do <br />not involve applicable structures will only need to address initial screening questions and certify <br />the answers. <br />Applicants for building demolition permits should follow the directions in the PCBs in Priority <br />Building Materials Screening Assessment Applicant Package (Applicant Package), provided by <br />the Building Division of the Community Development Department upon an application for a <br />demolition permit. The Applicant Package and screening assessment form will also be required <br />as a Water Quality Control Program standard Condition of Approval through the plan review <br />process. The Applicant Package contains an overview of the process, Applicant instructions, a <br />process flow chart, a screening assessment form, and the Protocol for Assessing Priority <br />PCBs-Containing Materials before Building Demolition. Per the Applicant Package, for certain <br />types of buildings built or remodeled between 1950 and 1980, the Applicant must conduct further <br />assessment to determine whether or not PCBs are present at concentrations equal to or greater <br />than 50 ppm. This determination is made with existing data if available, or by conducting <br />representative sampling of the Priority Building Materials and analyzing the samples for PCBs at <br />a certified laboratory. Any representative sampling and analysis must be conducted in <br />accordance with the Protocol for Assessing Priority PCBs-Containing Materials before Building <br />Demolition. More details are contained in the Applicant Package. <br />When the Screening Assessment identifies one or more Priority Building Materials containing <br />PCBs, the Applicant must comply with the relevant and applicable federal and state laws, <br />including potential notification to the appropriate regulatory agencies such as the U.S. <br />Environmental Protection Agency (USEPA), the Regional Water Board, and/or the State <br />Department of Toxic Substances Control (DTSC). Agency contacts are provided in the Applicant <br />Package. Additional sampling for and abatement of PCBs may be required. Depending on the <br />method of sampling and removing building materials containing PCBs, the Applicant may need to <br />notify or seek advance approval from USEPA before building demolition. Even in circumstances <br />where advance notification to or approval from USEPA is not required before demolition, the <br />disposal of PCBs waste is regulated under the Toxic Substances Control Act (TSCA). <br />Additionally, the disposal of PCBs waste is subject to California Code of Regulations (CCR) Title <br />Page 3 City of San Leandro Printed on 6/12/2019 <br />217
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