HomeMy WebLinkAboutOrd 1963ORDINANCE NO. 1963
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BURLINGAME TO AMEND
CHAPTER 15.15 REGARDING THE MANAGEMENT OF PCBs DURING BUILDING
DEMOLITION PROJECTS UNDER THE BURLINGAME MUNICIPAL CODE
The City Council of the City of Burlingame ordains as follows:
Section 1. Factual Background and Findings.
WHEREAS, polychlorinated biphenyls (PCBs) are highly toxic industrial compounds and
pose serious health risks to humans; and
WHEREAS, PCBs were domestically manufactured from 1929 until manufacturing was
banned in the United States in 1979 but are slow to break down and can persist in the environment
at dangerous levels; and
WHEREAS, PCBs have been detected in elevated levels in fish and sediment in the San
Francisco Bay (Bay) making fish unsafe to eat; and,
WHEREAS, PCBs in caulk and other building materials that were used in building
construction and remodeling projects between 1950 and 1980 have been found to have
particularly high PCB concentrations; and,
WHEREAS, during demolition these building materials may be released to the
environment and transported to receiving waters by stormwater runoff; and
WHEREAS, stormwater runoff into storm drain systems is considered a significant
pathway for PCBs into the Bay; and,
WHEREAS, the San Francisco Bay Regional Water Quality Control Board, which
regulates water quality in the Bay, adopted on November 19, 2015 the reissued Municipal
Regional Permit (MRP), a National Pollutant Discharge Elimination System permit that regulates
discharges of stormwater runoff from municipal storm drain systems; and
WHEREAS, the MRP requires permittees, including the City of Burlingame, to develop
and implement a protocol for managing materials with PCBs in applicable structures; and
WHEREAS, applicable structures to be screened for the presence of PCBs in priority
building materials include commercial, public, institutional, and industrial structures constructed
or remodeled from January 1, 1950 to December 31, 1980; and
WHEREAS, single-family residential buildings and wood framed structures are exempt
1
from the screening for the presence of PCBs in priority building materials; and
WHEREAS, the MRP requires that this protocol be developed by June 30, 2019.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME ORDAINS
AS FOLLOWS:
Section 2. Chapter 15.15. — `Management of PCBs During Building Demolition Projects' of
the Burlingame Municipal Code shall be added to read as follows:
15.15.010 Purpose.
(a) The provisions of this chapter shall be construed to accomplish the following
purposes:
(1) Require permit applicants (Applicants) for projects that include the
complete demolition of an Applicable Structure 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, and (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.
(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.
15.15.020 Definitions.
The following terms shall have the meanings when used in this chapter:
(a) "Applicable Structure" means buildings constructed or remodeled from
January 1, 1950 to December 31, 1980. Wood framed buildings and single -
2
family residential buildings are not applicable structures regardless of the age
of the building.
(b) "Applicant" means a person applying for a building permit as required by
Chapter 25.20 Permits and Licenses, or a demolition permit as required by
Chapter 18.07.065.
(c) "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.
(d) "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.
(e) "DTSC" means the State of California Department of Toxic Substances
Control.
(f) "EPA" means The United States Environmental Protection Agency.
(g) "PCBs" means polychlorinated biphenyls.
(h) "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 PCBs in the Priority Building Materials Screening Assessment
Applicant Package.
(i) "PCBs in 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).
(j) "Priority Building Materials" means 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, heaters,
boilers, 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) "Public Works Director" means the Public Works Director or authorized
3
designee.
(1) "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, significant structural
alterations (relocating walls, and/or the addition of square footage).
15.15.030 Applicability.
This chapter applies to Applicants for buildings constructed or remodeled from
January 1, 1950 to December 31, 1980.
15.15.040 Exemptions.
Single-family residential and wood frame structures are exempt.
15.15.050 PCBs in priority building materials screening assessment.
Every Applicant shall conduct a PCBs in Priority Building Materials Screening
Assessment, a two-step process used to:
(a) 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
(b) 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 Evaluating 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 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 Evaluating Priority PCBs -Containing
Materials before Building Demolition. The Applicant Package provides additional
details.
4
15.15.060 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 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
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 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.
15.15.070 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.
15.15.080 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 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 Material present. If PCBs concentrations are
determined via representative sampling and analysis, include a
contractor's report documenting the assessment which includes the
5
completed QA/QC checklist from the Protocol for Evaluating 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 Public Works Director may specify a format for the submission of the
information.
15.15.090 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.
15.15.100 Obligation to notify City of Burlingame 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 City of Burlingame when
changes in project conditions affect the information submitted with the permit
application.
15.15.110 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
25.20 Permits and Licenses or Chapter 18.07.065, 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 Burlingame for damages to persons or property.
15.15.120 Enforcement.
Failure to submit the information required in this chapter or submittal of false
information will result in denial of the building permit.
15.15.130 Fees.
In addition to the fees required under the City of Burlingame Master Fee Schedule,
all Applicants subject to this chapter shall deposit funds with the City of
Burlingame, pay a fee sufficient to reimburse City of Burlingame costs for staff time
or consultant staff as applicable required to implement this chapter.
0
Section 3. The Public Works Department is directed to take necessary actions to implement
this ordinance.
Section 4. If any section, subsection, sentence, clause or phrase of this Ordinance is for any
reason held to be invalid, such decision shall not affect the validity of the remaining
portions of this Ordinance. The Council declares that it would have adopted the
Ordinance and each section, subsection, sentence, clause or phrase thereof,
irrespective of the fact that any one or more sections, subsections, sentences,
clauses or phrases be declared invalid.
Section 5. This Ordinance shall be published in a newspaper of general circulation in
accordance with California Government Code Section 36933, published, and
circulated in the City of Burlingame, and shall be in full force and effect thirty (30)
days after its final passage.
(D -X&
% 0 i =:: �
Donna Colson, Mayor
I, Meaghan Hassel -Shearer, City Clerk of the City of Burlingame, certify that the foregoing
ordinance was introduced at a regular meeting of the City Council held on the 15th day of April,
2019, and adopted thereafter at a regular meeting of the City Council held on the 6th day of May,
2019, by the following vote:
AYES: COUNCILMEMBERS: BEACH, BROWNRIGG, COLSON, KEIGHRAN, ORTIZ
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ATTEST: COUNCILMEMBERS: NONE
7
7
eaghan H5' Bearer, City Clerk