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15.60.018 PCBs IN PRIORITY BUILDING MATERIALS SCREENING ASSESSMENT.
   A.   Every applicant for a building demolition permit shall conduct a PCBs in Priority Building Materials Screening Assessment, a two-step process used to:
      1.   Determine whether the building proposed for demolition is high priority for PCBs-containing building materials based on the structure age, use, and construction (i.e., whether the building is an applicable structure); and if so
      2.   Demonstrate the presence or absence and concentration of PCBs in priority building materials through existing information or representative sampling and chemical analysis of the priority building materials in the building.
   B.   Applicants shall follow the directions provided in the PCBs in Priority Building Materials Screening Assessment Applicant Package (Applicant Package), which includes an overview of the process, applicant instructions, a process flow chart, a screening assessment form, and the Protocol for Assessing Priority PCBs-Containing Materials before Building Demolition. Per the applicant package, for certain types of buildings built within a specified date range, the applicant must conduct further assessment to determine whether or not PCBs are present at concentrations of 50 ppm. This determination is made via existing data on specific product formulations (if available), or more likely, via conducting representative sampling of the priority building materials and analyzing the samples for PCBs at a certified analytical laboratory. Any representative sampling and analysis must be conducted in accordance with the Protocol for Assessing Priority PCBs-Containing Materials before Building Demolition. The applicant package provides additional details. (Ord. 2019-04 § 1 (part), 2019)
15.60.020 AGENCY NOTIFICATION, ABATEMENT, AND DISPOSAL FOR IDENTIFIED PCBs.
   When the PCBs in Priority Building Materials Screening Assessment identifies one or more priority building materials with PCBs, the applicant must comply with all related applicable Federal and California laws, including potential notification of the appropriate regulatory agencies, including EPA, the Regional Water Board, and/or the DTSC. Agency contacts are provided in the applicant package. Additional sampling for and abatement of PCBs may be required. Depending on the approach for sampling and removing building materials containing PCBs, the applicant may need to notify or seek advance approval from USEPA before building demolition. Even in circumstances where advance notification to, or approval from, USEPA is not required before the demolition activity, the disposal of PCBs waste is regulated under Toxic Substances Control Act (TSCA). Additionally, the disposal of PCBs waste is subject to California Code of Regulations (CCR) Title 22 Section 66262. Additional information is provided in the applicant package. (Ord. 2019-04 § 1 (part), 2019)
15.60.022 COMPLIANCE WITH CALIFORNIA AND FEDERAL PCBs LAWS AND REGULATIONS.
   Applicants must comply with all Federal and California 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. (Ord. 2019-04 § 1 (part), 2019)
15.60.024 INFORMATION SUBMISSION AND APPLICANT CERTIFICATION.
   A.   The applicant shall conduct a PCBs in Priority Building Materials Screening Assessment and submit the associated information and results as part of the building demolition permit application, including the following (see applicant package for more details):
      1.   Owner and project information, including location, year building was built, description of building construction type, and anticipated demolition date.
      2.   Determination of whether the building proposed for demolition is high priority for PCBs-containing building materials based on the structure age, use, and construction.
      3.   If high priority for PCBs-containing building materials based on the structure age, use, and construction, the concentration of PCBs in each priority building materials is present. If PCBs concentrations are determined via representative sampling and analysis, include a contractor's report documenting the assessment which includes the completed QA/QC checklist from the Protocol for Assessing Priority PCBs-Containing Materials before Building Demolition and the analytical laboratory results.
      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 (see applicant package for more details).
      5.   Applicant's certification of the accuracy of the information submitted.
   B.   The Building Division may specify the format or provide guidance for the submission of the information. (Ord. 2019-04 § 1 (part), 2019)
15.60.026 RECORDKEEPING.
   Those applicants conducting a building demolition project must maintain documentation of the results of the PCBs in Priority Building Materials Screening Assessment for a minimum of five (5) years after submittal. (Ord. 2019-04 § 1 (part), 2019)
15.60.028 OBLIGATION TO NOTIFY THE CITY OF PINOLE OF CHANGES.
   The applicant shall submit written notifications documenting any changes in the information submitted in compliance with this article. The applicant shall submit the revised information to the Building Division when changes in project conditions affect the information submitted with the permit application. (Ord. 2019-04 § 1 (part), 2019)
15.60.030 LIABILITY.
   The applicant is responsible for safely and legally complying with the requirements of this chapter. Neither the issuance of a permit under the requirements of this chapter, nor the compliance with the requirements of this chapter or with any condition imposed by the issuing authority, 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 of Pinole for damages to persons or property. (Ord. 2019-04 § 1 (part), 2019)
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