Pittsburg Municipal Code Art. III PCBs Screening Assessment

This article applies to applicants seeking to demolish or significantly renovate buildings constructed or remodeled between January 1, 1950, to December 31, 1980. Applications for projects remodeling a portion of building, wood framed structure, or single-family residence are exempt.

(Ord. 19-1461 § 2, 2019)

A. Every building permit applicant for demolition work 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.

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. Pursuant to 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 greater than or equal to 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. 19-1461 § 2, 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 state 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 protocol for sampling and removing building materials containing PCBs, the applicant may need to notify or seek advance approval from EPA before building demolition. Even in circumstances where advance notification to or approval from EPA is not required before the demolition activity, the disposal of PCBs waste shall comply with the Toxic Substances Control Act (TSCA). Additionally, the disposal of PCBs waste shall comply with California Code of Regulations Title 22 § 66262. Additional information is provided in the applicant package.

(Ord. 19-1461 § 2, 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. 19-1461 § 2, 2019)

A. The applicant shall conduct a PCBs in priority building materials screening assessment as set forth in the applicant package and submit the associated information and results as part of the building permit application for demolition, 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 material 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 reports.

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 community development director may specify a format or guidance for the submission of the information.

(Ord. 19-1461 § 2, 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 years after submittal.

(Ord. 19-1461 § 2, 2019)

When a change to project conditions affects the information submitted by the applicant, the applicant shall promptly notify the community development director in writing.

(Ord. 19-1461 § 2, 2019)

The applicant is responsible for safely complying with the requirements of this article. Neither the issuance of a permit under the requirements of PMC Title 15 nor the compliance with the requirements of this article or with any condition imposed by the city shall relieve the applicant from responsibility for damage to persons or property resulting therefrom, or as otherwise imposed by law, nor impose any liability upon the city of Pittsburg.

(Ord. 19-1461 § 2, 2019)

All demolition and renovation projects sponsored by the city shall comply with this article except the city shall not be required to obtain permits and approvals under this article for work performed within city-owned properties and areas, such as rights-of-way.

(Ord. 19-1461 § 2, 2019)