Sections:
15.60.010 Intent and purpose.
15.60.012 Definitions.
15.60.014 Applicability.
15.60.016 Exemptions.
15.60.018 PCBs in priority building materials screening assessment.
15.60.020 Agency notification, abatement, and disposal for identified PCBs.
15.60.022 Compliance with California and Federal PCBs Laws and Regulations.
15.60.024 Information submission and applicant certification.
15.60.026 Recordkeeping.
15.60.028 Obligation to notify the City of Pinole of changes.
15.60.030 Liability.
15.60.032 Enforcement.
15.60.034 Fees.
15.60.036 City of Pinole projects.
The intent and purpose of this chapter is to require building demolition permit applicants (Applicants) to conduct testing for PCBs in the Priority Building Materials Screening Assessment and submit information documenting the results of the screening to the City. This chapter is also intended to inform applicants with PCBs present in one or more of the priority building materials (based on the above screening assessment) that they must comply with all related applicable federal and state laws including reporting to the U.S. Environmental Protection Agency (EPA), the San Francisco Bay Regional Water Quality Control Board (Regional Water Board), and/or the California Department of Toxic Substances Control (DTSC). Additional sampling for and abatement of PCBs may be required. This chapter is also intended to meet the requirements of the Federal Clean Water Act, the California Porter-Cologne Water Quality Control Act, and the Municipal Regional Stormwater Permit Order No. R2-2015-0049. The requirements of this chapter do not replace or supplant the requirements of California 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.
(Ord. 2019-04 § 1 (part), 2019)
For the purpose of carrying out the intent of this chapter, the terms in this chapter shall have the meaning set forth below:
A. APPLICABLE STRUCTURE. Buildings constructed or remodeled from January 1, 1950 to December 31, 1980. Remodeling, partial building, wood framed structure, and single-family residence demolition projects are exempt.
B. APPLICANT. A person applying for a building demolition permit as required by this chapter.
C. APPROPRIATE AUTHORITY. The Building Division of the City of Pinole.
D. BUILDING. A structure with a roof and walls standing more or less permanently in one place. Buildings are intended for human habitation or occupancy.
E. DEMOLITION. The wrecking, razing, or tearing down of any structure. This definition is intended to be consistent with the demolition activities undertaken by contractors with a C-21 Building Moving/Demolition Contractor's License.
F. DTSC. The State of California Department of Toxic Substances Control.
G. EPA. The United States Environmental Protection Agency.
H. PCB. Polychlorinated biphenyls.
I. PCBs IN PRIORITY BUILDING MATERIALS SCREENING ASSESSMENT. The two-step process used to determine whether the building proposed for demolition is high priority for PCBs; and if so determine the concentrations (if any) of PCBs in priority building materials revealed through existing information or representative sampling and chemical analysis of the priority building materials in the building. Directions for this process are provided in the PCBs in the Priority Building Materials Screening Assessment Applicant Package.
J. PRIORITY BUILDING MATERIALS. The following:
1. Caulking: e.g., around windows and doors, at structure walkway interfaces, and in expansion joints;
2. Thermal/fiberglass insulation: e.g., around HVAC systems, around heaters, around boilers, around heated transfer piping, and inside walls or crawl spaces;
3. Adhesive/mastic: e.g., below carpet and floor tiles, under roofing materials, and under flashing; and
4. Rubber window gaskets: e.g., used in lieu of caulking to seal around windows in steel-framed buildings.
K. PRIORITY BUILDING MATERIALS SCREENING ASSESSMENT APPLICATION PACKAGE. A document package that includes an overview of the screening process, Applicant instructions, a process flow chart, a screening assessment form, and the Protocol for Evaluating Priority PCBs-Containing Materials before Building Demolition (BASMAA 2018, prepared for the Bay Area Stormwater Management Agencies Association, August 2018).
L. REGIONAL WATER BOARD. The California Regional Water Quality Control Board, San Francisco Bay Region.
M. REMODEL. To make significant finish and/or structural changes that increase utility and appeal through complete replacement and/or expansion. A removed area reflects fundamental changes that include multiple alterations. These alterations may include some or all of the following: replacement of a major component (cabinet(s), bathtub, or bathroom tile), relocation of plumbing/gas fixtures/appliances, significant structural alterations (relocating walls, and/or the addition of square footage). (Ord. 2019-04 § 1 (part), 2019)
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