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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO <br />ORDINANCE NO. 2019-012 <br />ORDINANCE OF THE CITY OF SAN LEANDRO TO ENACT REGULATIONS <br />APPLICABLE TO POLYCHLORINATED BIPHENYLS (PCBS) ADDING CHAPTER 23 TO <br />TITLE 3 OF THE CITY OF SAN LEANDRO MUNICIPAL CODE (MANAGEMENT OF <br />PCBS DURING BUILDING DEMOLITION PROJECTS) <br />The City Council of the City of San Leandro does ORDAIN as follows: <br />SECTION 1. <br />WHEREAS, polychlorinated biphenyls (PCBs) have been detected in elevated levels in fish <br />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 high <br />PCBs concentrations; and <br />WHEREAS, the San Francisco Bay Regional Water Quality Control Board adopted in 2015 <br />the reissued Municipal Regional Permit (MRP), Order No. R2-2015-0049, updating the National <br />Pollutant Discharge Elimination System (NPDES) permit that regulates discharges of storm water <br />runoff from MS4s; and <br />WHEREAS, the MRP requires the permittees, including the City of San Leandro, to reduce <br />discharges of PCBs in storm water runoff into 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; and <br />WHEREAS, the MRP specifically requires permittees to require that demolition permits for <br />buildings built or remodeled between January 1, 1950 to December 31, 1980 be screened for PCBs - <br />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 the CEQA Guidelines, exempting actions taken by <br />regulatory agencies, as authorized by state or local ordinance, to assure the maintenance, restoration, <br />enhancement, or protection of the environment where the regulatory process involves procedures for <br />protection of the environment; and <br />