HomeMy WebLinkAboutOrd 06-19 Adding Chapter 7.29 (Management of PCBs During Building Demolition Projects) to the Dublin Municipal Code ORDINANCE NO. 06 — 19
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
ADDING CHAPTER 7.29 (MANAGEMENT OF PCBS DURING BUILDING DEMOLITION
PROJECTS) TO TITLE 7 (PUBLIC WORKS) OF THE DUBLIN MUNICIPAL CODE
WHEREAS, building demolition is a significant source of polychlorinated biphenyls ("PCBs") in
urban stormwater; and
WHEREAS, stormwater is the largest identified source of PCBs flowing into the San Francisco
Bay; and
WHEREAS, the Municipal Regional Stormwater National Pollution Discharge Elimination
System permit ("NPDES permit") requires permitees to manage PCB-containing materials during
building demolition; and
WHEREAS, Bay Area Stormwater Management Agencies Association (BASMAA) developed a
model ordinance ("Model Ordinance" or "Ordinance") to assist permitees in managing PCBs during
building demolition and to effectuate a significant PCB load reduction; and
WHEREAS, the Ordinance targets priority building materials that may contain relatively high
levels of PCBs, especially in buildings constructed between 1950 and 1980; and
WHEREAS, the priority building materials are caulking, thermal/fiberglass insulation,
adhesive/mastic, and rubber window gaskets; and
WHEREAS, adoption of the Ordinance is exempt from the California Environmental Quality Act
(CEQA) pursuant to the provisions of Section 15308 of CEQA Guidelines which exempts 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 adopt and implement the Ordinance in order to reduce
PCBs in stormwater runoff originating in the City.
NOW, THEREFORE, the City Council of the City of Dublin does hereby ordain as follows:
Section 1. Amendments.
The City Council hereby makes the findings contained in this Ordinance and adds Chapter 7.29
(Management of PCBs During Building Demolition Projects) to Title 7 (PUBLIC WORKS) to the
Municipal Code to read as follows. Sections and subsections that are not included in this Ordinance
are unaffected by this Ordinance and shall remain in full force and effect.
Chapter 7.29 Management of PCBs During Building Demolition Projects
Section 7.29.010. Purpose
Section 7.29.020. Definitions
Ord 06-19, Adopted 6/4/2019, Item 4.2 Page 1 of 7
Section 7.29.030. Applicability
Section 7.29.040. Exemptions
Section 7.29.050. PCBs in Priority Building Materials Screening Assessment
Section 7.29.060. Agency Notification, Abatement, and Disposal for Identified PCBs
Section 7.29.070. Compliance with California and Federal PCBs Laws and Regulations
Section 7.29.080. Information Submission and Applicant Certification
Section 7.29.090. Recordkeeping
Section 7.29.100. Obligation to Notify City of Dublin of Changes
Section 7.29.110. Liability
Section 7.29.120. Enforcement
Section 7.29.130. Fees
Section 7.29.140. City Sponsored Projects
Section 7.29.150. Effective Date
Section 7.29.010. Purpose
(a) The provisions of this Chapter shall be construed to accomplish the following purposes:
1. Require building demolition permit applicants (Applicants) to conduct a PCBs in Priority
Building Materials Screening Assessment and submit information documenting the results
of the screening. Such documentation to include: (1) the results of a determination whether
the building proposed for demolition is high priority for PCBs-containing building materials
based on the structure age, use, and construction; (2) the concentration of PCBs in each
Priority Building Material present and; (3) 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.
2. 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. This may include 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.
3. 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.
Ord 06-19, Adopted 6/4/2019, Item 4.2 Page 2 of 7
(b) The requirements of this ordinance 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.
Section 7.29.020. Definitions
In addition to the general definitions applicable to this Code, whenever used in this Chapter, the
following terms shall have the meanings set forth below:
(a) "Applicable Structure" means 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" means a person applying for a building demolition permit as required by Chapter 7.28.
(c) "Appropriate Authority" means the Building Official or designee of the City of Dublin.
(d) "Building" means 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" means 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" means the State of California Department of Toxic Substances Control.
(g) "EPA" means the United States Environmental Protection Agency.
(h) "PCBs" means polychlorinated biphenyls.
(i) "PCBs in Priority Building Materials Screening Assessment" means the 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; and if so, 2) 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 Priority Building Materials Screening Assessment
Applicant Package.
(j) "Priority Building Materials" means the following:
a. Caulking: e.g., around windows and doors, at structure/walkway interfaces, and in
expansion joints;
b. Thermal/Fiberglass Insulation: e.g., around HVAC systems, around heaters, around boilers,
around heated transfer piping, and inside walls or crawls spaces;
c. Adhesive/Mastic: e.g., below carpet and floor tiles, under roofing materials, and under
flashing; and
d. Rubber Window Gaskets: e.g., used in lieu of caulking to seal around windows in steel-
framed buildings.
Ord 06-19, Adopted 6/4/2019, Item 4.2 Page 3 of 7
(k) "Priority Building Materials Screening Assessment Applicant Package" (Applicant Package)
means 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).
(I) "Regional Water Board" means the California Regional Water Quality Control Board, San
Francisco Bay Region.
(m)"Remodel" means 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; or significant structural alterations (relocating walls, and/or the
addition of square footage).
Section 7.29.030. Applicability
This Chapter applies to Applicants for buildings constructed or remodeled from January 1, 1950 to
December 31, 1980.
Section 7.29.040. Exemptions
Applications for remodeling, partial building, wood framed structure, and single-family residence
demolition projects are exempt.
Section 7.29.050. PCBs in Priority Building Materials Screening Assessment
Every Applicant for a building demolition permit shall conduct a PCBs in Priority Building Materials
Screening Assessment, which is 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.
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 >_ 50 parts-per million.
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 06-19, Adopted 6/4/2019, Item 4.2 Page 4 of 7
Section 7.29.060. 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 state
laws, including potential notification of the appropriate regulatory agencies, including the 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 the EPA before building demolition. Even in circumstances where advance
notification to or approval from the EPA is not required before the demolition activity, the disposal of
PCBs waste is regulated under Toxic Substances Control Act. Additionally, the disposal of PCBs
waste is subject to California Code of Regulations (CCR) Title 22 Section 66262.
Section 7.29.070. 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.
Section 7.29.080. 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:
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 Material present. If PCBs
concentrations are determined via representative sampling and analysis, include a
contractor's report documenting the assessment which includes the completed Quality
Assurance/Quality Control checklist from the Protocol for Assessing Priority PCBs-
Containing Materials before Building Demolition and the analytical laboratory reports.
4. For each Priority Building Material present with a PCBs concentration equal to or greater
than 50 parts-per million, 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.
(b) The Appropriate Authority may specify a format or guidance for the submission of the information.
Ord 06-19, Adopted 6/4/2019, Item 4.2 Page 5 of 7
Section 7.29.090. 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 years after
submittal.
Section 7.29.100. Obligation to Notify City of Dublin of Changes
The Applicant shall submit written notifications documenting any changes in the information submitted
in compliance with this Chapter.
The Applicant shall submit the revised information to the Appropriate Authority when changes in
project conditions affect the information submitted with the permit application.
Section 7.29.110. 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 Chapter 7.28, 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 there from, or as otherwise
imposed by law, nor impose any liability upon the City of Dublin for damages to persons or property.
Section 7.29.120. Enforcement
Failure to submit the information required in this Chapter or submittal of false information will result in
enforcement under Section 1.04.030.
Section 7.29.130. Fees
In addition to the fees required under Chapter 7.28, all Applicants subject to this Chapter shall deposit
funds with the City of Dublin, and pay a fee based upon the fee schedule in effect at the time of the
issuance of the demolition permit.
Section 7.29.140. City Projects
City of Dublin departments shall comply with all the requirements of this Chapter except they shall not
be required to obtain permits and approvals under this Chapter for work performed within City of
Dublin-owned properties and areas, such as right-of-ways.
Section 2. Severability. The provisions of this Ordinance are severable and if any provision,
clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any
person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect
or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the
ordinance or their applicability to other persons or circumstances.
Section 3. Effective Date. This Ordinance shall take effect and be in force thirty (30) days from
and after the date of its passage.
Section 4. Posting. The City Clerk of the City of Dublin shall cause this Ordinance to be published
or posted as required in Section 36933 of the Government Code of the State of California.
Ord 06-19, Adopted 6/4/2019, Item 4.2 Page 6 of 7
PASSED, APPROVED AND ADOPTED this 4th day of June 2019, by the following vote:
AYES: Councilmembers Goel, Hernandez, Josey, Kumagai, and Mayor Haubert
NOES:
ABSENT:
ABSTAIN: r 1121
v
May r
ATTEST:
,tro fi
City Clerk
Ord 06-19, Adopted 6/4/2019, Item 4.2 Page 7 of 7