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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO <br />ORDINANCE NO. 2019-__ <br />AN URGENCY ORDINANCE OF THE CITY OF SAN LEANDRO ADDING <br />REGULATIONS TO MANAGE PCBs DURING BUILDING DEMOLITION PROJECTS <br />TO BECOME EFFECTIVE IMMEDIATELY <br />The City Council of the City of San Leandro does ORDAIN as follows: <br />WHEREAS, polychlorinated biphenyls (PCBs) have been detected in elevated levels in <br />fish and sediment in the San Francisco Bay making fish unsafe to eat; and <br />WHEREAS, urban runoff through municipal separate storm sewers systems (MS4s) is <br />considered the most significant measurable pathway for PCBs into the Bay; and <br />WHEREAS, PCBs in certain priority building materials used in building construction <br />projects between January 1, 1950 to December 31, 1980 have been found to have particularly <br />high PCBs concentrations; and <br />WHEREAS, in 2015 the San Francisco Bay Regional Water Quality Control Board <br />adopted the reissued Municipal Regional Permit (MRP), Order No. R2-2015-0049, updating the <br />National Pollutant Discharge Elimination System (NPDES) permit that regulates discharges of <br />stormwater runoff from MS4s; and <br />WHEREAS, the MRP requires the permittees, including the City of San Leandro, to <br />reduce discharges of PCBs in stormwater runoff into the San Francisco Bay; and <br />WHEREAS, the MRP requires permittees, including the City of San Leandro, to develop <br />and implement new programs to manage PCBs-containing building materials during demolition; <br />and <br />WHEREAS, the MRP specifically requires permittees to require that demolition permits <br />for buildings built or remodeled between January 1, 1950 to December 31, 1980 be screened for <br />PCBs-containing building materials; and <br />WHEREAS, remodeling, partial building, wood framed structure, and single-family <br />residence demolition projects are exempt from the screening for the presence of PCBs in priority <br />building materials; and <br />WHEREAS, adoption of this Ordinance is exempt from the California Environmental <br />Quality Act (CEQA) pursuant to section 15308 of CEQA Guidelines, exempting actions taken by <br />regulatory agencies, as authorized by state or local ordinance, to assure the maintenance, <br />restoration, enhancement, or protection of the environment where the regulatory process involves <br />procedures for protection of the environment; and <br />WHEREAS, the City Council desires to adopt the implement the Ordinance in order to <br />reduce PCBs in stormwater runoff originating in the City of San Leandro; and <br />220