Pinole Municipal Code Ch. 15.60 MANAGEMENT OF PCBs DURING BUILDING DEMOLITION 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)

This article applies to applicants for buildings constructed or remodeled from January 1, 1950 to December 31, 1980. (Ord. 2019-04 § 1 (part), 2019)

Applications for remodeling, partial building, wood framed structure, and single-family residence demolition projects are exempt. (Ord. 2019-04 § 1 (part), 2019)

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)

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)

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)

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)

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)

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)

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)

Failure to submit the information required in this article or submittal of false information will result in enforcement under Section 15.02.080. (Ord. 2019-04 § 1 (part), 2019)

In addition to the fees required under Section 15.02.060, all applicants subject to this chapter shall deposit funds with the City of Pinole, and pay a fee sufficient to reimburse the City of Pinole's costs for staff time required to implement this chapter (i.e., to compensate specifically for municipal staff time related to implementing the program to manage PCBs-containing building materials during demolition in compliance with MRP Provision C.12.f., and not for any other purpose). (Ord. 2019-04 § 1 (part), 2019)

City of Pinole 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 the City of Pinole or Contra Costa County owned properties and areas, such as right-of-ways. (Ord. 2019-04 § 1 (part), 2019)