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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO ORDINANCE NO. 2019-011 URGENCY ORDINANCE OF THE CITY OF SAN LEANDRO CITY COUNCIL ADDING REGULATIONS TO MANAGE POLYCHLORINATED BIPHENYLS (PCBS) DURING BUILDING DEMOLITION PROJECTS TO BECOME EFFECTIVE IMMEDIATELY The City Council of the City of San Leandro does ORDAIN as follows: WHEREAS, polychlorinated biphenyls (PCBs) have been detected in elevated levels in fish and sediment in the San Francisco Bay making fish unsafe to eat; and WHEREAS, urban runoff through municipal separate storm sewers systems (MS4s) is considered the most significant measurable pathway for PCBs into the Bay; and WHEREAS, PCBs in certain priority building materials used in building construction projects between January 1, 1950 to December 31, 1980 have been found to have particularly high PCBs concentrations; and WHEREAS, in 2015 the San Francisco Bay Regional Water Quality Control Board adopted the reissued Municipal Regional Permit (MRP), Order No. R2-2015-0049, updating the National Pollutant Discharge Elimination System (NPDES) permit that regulates discharges of stormwater runoff from MS4s; and WHEREAS, the MRP requires the permittees, including the City of San Leandro, to reduce discharges of PCBs in stormwater runoff into the San Francisco Bay; and WHEREAS, the MRP requires permittees, including the City of San Leandro, to develop and implement new programs to manage PCBs -containing building materials during demolition; and WHEREAS, the MRP specifically requires permittees to require that demolition permits for buildings built or remodeled between January 1, 1950 to December 31, 1980 be screened for PCBs - containing building materials; and WHEREAS, remodeling, partial building, wood framed structure, and single-family residence demolition projects are exempt from the screening for the presence of PCBs in priority building materials; and WHEREAS, adoption of this Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to section 15308 of CEQA Guidelines, exempting actions taken by regulatory agencies, as authorized by state or local ordinance, to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment; and WHEREAS, the City Council desires to implement the Ordinance in order to reduce PCBs in stormwater ninoff originating in the City of San Leandro; and