(a) Purpose and intent. The purpose of this section is to establish regulations related to the management of building materials containing polychlorinated biphenyls (PCBs) during building demolition activities in order to reduce the discharge of PCBs into the San Francisco Bay through stormwater runoff. This section implements the requirements of the municipal regional stormwater permit (MRP) issued by the San Francisco Bay Regional Water Quality Board applicable to the city.
(b) Definitions. For the purposes of this section, the following terms shall have the following meaning.
1. "Covered project" means a project that involves the demolition of an entire building constructed or remodeled between January 1, 1950 and December 31, 1980, inclusive. A covered project does not include a single-family residence, two-family residence or any wood-framed structure.
2. "PCBs" means polychlorinated biphenyls.
3. "PCB assessment applicant package" means a document package approved by the director of public works and provided by the city that includes an overview of the screening process, applicant instructions, a process flow chart, a screening assessment form, and a protocol for assessing priority building materials before building demolition.
4. "Priority building materials" means the following:
(A) Caulking (i.e., around windows and doors, at structure/walkway interfaces, in expansion joints);
(B) Thermal or fiberglass insulation (i.e., around HVAC systems, boilers, or heating transfer piping, and inside walls or crawl spaces);
(C) Adhesive/mastic (i.e., below carpet and floor tiles, under roofing materials, under flashing); and
(D) Rubber window gaskets (i.e., used in lieu of caulking to seal around windows in steel-framed buildings).
(c) Screening assessment requirement. Any person undertaking a project that involves the demolition of an entire building shall submit a complete screening assessment for PCBs in priority building materials with the building demolition permit application. The screening assessment shall be completed in compliance with the PCB assessment applicant package, in a form approved by the director, and shall provide information documenting the results of the screening, including:
1. Owner and project information, including location, year building was constructed and remodeled (if applicable), description of building construction type and use, and anticipated demolition date.
2. Determination of whether the project is a covered project.
3. If the project is a covered project, the concentration of PCBs in each priority building material present in the building or buildings proposed for demolition. If PCBs concentrations are determined through representative sampling and analysis, the applicant shall include a contractor's report documenting the assessment and the analytical laboratory reports.
4. For each priority building material present with a PCBs concentration equal to or greater than 50 ppm, the approximate amount (linear feet or square feet) of that material in the building.
5. Applicant's certification of the accuracy of the information submitted.
(d) Agency notification, abatement, and disposal of identified PCBs.
1. Applicant shall comply with the requirements set forth in the PCB assessment applicant package including, but not limited to, requirements regarding the notification of other regulatory agencies, as applicable, prior to building demolition.
2. Applicant shall determine if additional agency notification or approvals, or additional sampling for and abatement of PCBs, is required under other applicable law. Applicant shall comply with all federal and state laws and regulations, including but not limited to health, safety, and environmental laws and regulations, that relate to management and cleanup of any and all PCBs, including but not limited to PCBs in priority building materials, other PCBs-contaminated materials, PCBs-contaminated liquids, and PCBs waste. The requirements of this section do not replace or supplant the requirements of state or federal law, including but not limited to the Toxic Substances Control Act, 40 Code of Federal Regulations (CFR) Part 761, and California Code of Regulations (CCR) Title 22.
(e) Obligation to notify city of changes. Applicants shall submit written notifications documenting any changes in the information submitted in compliance with this section to the director when changes in project conditions affect the information submitted with the permit application.
(f) Recordkeeping. Applicants shall maintain documentation of the results of the priority building materials screening assessment for a minimum of five years after submittal to the city.
(g) Liability. Applicant is responsible for safely and legally complying with the requirements of this section. Neither the issuance of a permit under the requirements of the director or building department, nor the compliance with the requirements of this section or with any condition imposed by the city, shall relieve any person from responsibility for damage to persons or property resulting therefrom, or as otherwise imposed by law, nor impose any liability upon the city for damages to persons or property.
(Ord. 5466 § 2, 2019)