Palo Alto Municipal Code Part 9 Polychlorinated Biphenyls (PCBs) Controls

(a) The Director shall implement a polychlorinated biphenyls (PCBs) control program consisting of an assessment methodology and data collection program to identify and quantify reductions of PCB loads in stormwater through implementation of pollution prevention, source control, and treatment control, green stormwater infrastructure, and other measures.

(b) Source property identification and abatement. The Director shall investigate and identify properties and land areas that likely contribute PCBs to the storm drain system and take action to abate or cause abatement of the PCB sources and/or refer the identified properties to the Regional Water Board for follow-up measures. Source properties referred to the Water Board shall implement interim enhanced operation and maintenance measures as required by the Director.

(c) Designated properties. Properties in industrial areas and in other zones designated in city regulations or properties otherwise designated by the Director shall implement treatment control measures, GSI measures, or other control measures to treat stormwater according to the requirements of the MRP, regional guidance, and city regulations.

(Ord. 5671 § 2 (part), 2025)

(a) Applicability. This section shall apply to projects that require a demolition permit. Demolitions of single-family residences or any wood-framed structures are exempted from this requirement.

(b) PCB screening assessment. Any person undertaking a project that involves the demolition of an entire building constructed or remodeled between January 1, 1950 and December 31, 1980, inclusive, shall perform a PCB screening assessment to determine the presence of PCBs and other hazardous substances at the demolition site and to follow applicable disposal requirements. The PCB screening assessment shall be submitted prior to issuance of any demolition permit, in a form and substance prescribed by the Director. The Director may require the PCB screening assessment to include any information reasonably necessary to determine the concentration of PCBs in any primary building materials.

(c) For demolition of buildings containing materials with PCBs concentrations of 50 ppm or greater approved on and after July 1, 2023 identified per required sampling procedures of this PCBs Program, demolition contractors shall notify the city at least two weeks before any demolition is to occur. Applicant shall determine if additional agency notification or approvals, or additional sampling for and abatement of PCBs, is required under other applicable laws. 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. The demolition contractors shall provide notification to the city if it is determined that advance approval from the U.S. EPA is required. If advance approval to U.S. EPA is not required, then the demolition contractors shall submit a hazardous waste manifest for the disposal of the PCBs materials to the city within one week of it becoming available. The demolition contractors shall notify the city that the demolition is complete within five business days of completion.

(d) 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.

(e) Applicants shall conduct onsite PCB control measures described in city regulations and as prescribed by the Director.

(f) The Director shall inspect construction sites during demolition to verify adequate implementation of construction site controls and proper disposal of PCB-containing materials.

(g) 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.

(h) 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. 5671 § 2 (part), 2025)