HomeMy WebLinkAboutCity Council Resolution 19-037 managing PCBs in BuildingsRESOLUTION NO. 19-037
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
TO ADOPT A PROGRAM FOR MANAGING PCBs IN BUILDING MATERIALS
DURING THE DEMOLITION OF CERTAIN BUILDINGS AND AUTHORIZING THE
CITY MANAGER TO DEVELOP AND PROMULGATE
REGULATIONS TO ENACT THE PROGRAM
WHEREAS, polychlorinated biphenyls (PCBs) have been detected in elevated levels in fish and
sediment in the San Francisco Bay making fish unsafe to eat; and,
WHEREAS, urban runoff through storm drain systems and other discharges is considered a
significant pathway for PCBs into the Bay; and,
WHEREAS, PCBs in caulk and other priority building materials that were used in building
construction and remodeling projects between 1950 and 1980 have been found to have particularly
high PCBs concentrations; and,
WHEREAS, during demolition these building materials may be released to the environment and
transported to receiving waters by stormwater runoff; and
WHEREAS, the San Francisco Bay Regional Water Quality Control Board adopted on November
19, 2015 the reissued Municipal Regional Permit (MRP), a National Pollutant Discharge
Elimination System (NPDES) permit that regulates discharges of stormwater runoff from
municipal separate storm sewers systems (MS4s). The MRP includes provisions that implement
the requirements in the PCBs Total Maximum Daily Load (TMDL), a program to address the
Bay's impairment by PCBs; and
WHEREAS, the MRP requires the permittees, including the City of Saratoga, to reduce discharges
of PCBs in stormwater runoff to the San Francisco Bay; and,
WHEREAS, the MRP requires the Permittees, including the City of Saratoga, to develop and
implement new programs to manage PCBs —containing building materials during demolition;
and,
WHEREAS, more specifically, the MRP requires the Permittees to require that demolition permits
for buildings that were built or remodeled during the period from January 1, 1950 to December
31, 1980 be screened for the presence of PCBs in priority building materials; and
WHEREAS, more specifically, remodeling, partial building, wood framed structure, and single
family residence demolition projects are exempt from the screening for the presence of PCBs in
priority building materials; and
WHEREAS, the MRP requires that these new programs are adopted by June 30, 2019 and
implemented by July 1, 2019; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Saratoga hereby:
1. Adopts a program to manage PCBs in building materials during demolition and authorizes
the City Manager to promulgate regulations and procedures to create and manage the
program including conditions of approval, demolition permit requirements and/or
construction and demolition waste management forms;
2. Determines that this program and related regulations and procedures to manage PCBs in
building materials during demolition are categorically exempt from CEQA pursuant to
CEQA Guidelines Section 15308 which applies to 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, as here, no unacceptable negative
impacts have been identified; and
3. The City Manager will develop the appropriate permit fees and/or other cost recovery
mechanisms as needed for subsequent City Council approval and inclusion in the City of
Saratoga's master fee schedule at a later date.
The above resolution was passed and adopted at a regular meeting of the City Council of the City
of Saratoga held on the 19th day of June, 2019 by the following vote:
AYES: Mayor E. Manny Cappello, Vice Mayor Howard Miller, Council Members Rishi
Kumar, Mary -Lynne Bernald, Yan Zhao
NOES:
ABSENT:
ABSTAIN:
Debbie Bretschneider
City Clerk
1109640.1
Date 6/a---1/1A/i
. Manny Cappello
Mayor, City of Saratoga