HomeMy WebLinkAbout032-2019DocuSign Envelope ID: 76AE3EF4-B9C6-4844-AC63-319D90CAB588
ESO U 10 N 32-2019
A H IZIN TH A TIO 0 N W REG A 10 TO MANAGE
BU LDIN D MOLITIO PERMITS TO ELIMIN E BU LD N MATERIA S
TH PO EN IA LY CO A N PO YCH 0 IN ED BIPH N LS (PCBS)
WHEREAS, polychlorinated biphenyls (PCBs) have been detected in elevated levels in
fish and sedim nt in the San Francisco Bay m king fish unsafe to eat; and
WHEREAS, urban runoff through storm drain system and other discharges is
considered a significant pathw y for PCBs into the Bay; and
WHEREAS, PCBs in caulk and other priority building m terials that w re used in
building construction and rem deling projects betw en 1950 and 1980 have been found
to have particularly high PCB concentrations; and
WHEREAS, during dem lition these building rn terials rn y be released to the
environment and transported to receiving w ters by storm ter runoff; and
WHEREAS, the San Francisco Bay Regional Water Q ality Control Board adopted on
N vem er 19, 2015 the reissued M nicipal Regional Perm t (M P)(O der N . 82-2015-
0049), a N tional Pollutant D scharge Elim nation System (N D S) perm t that
regulates discharges of storm ter runoff from M nicipal Separate Storm Sew rs
System (M 4s). The M P includes provisions that im lem nt the requirem nts in the
PCBs Total M xim m D ily Load (TM a program to address the Bay's im airm nt
by PCBs; and
WHEREAS, the M P requires the perm ttees, including the Tow of D nville, to reduce
discharges of PCBs in storm ter runoff to the San Francisco Bay; and,
WHEREAS, the M P requires the Perm ttees, including the Tow of D nville, to
develop and im lem nt new program to rn nage PCBs in building m terials during
dem lition; and
WHEREAS, m re specifically, the M P requires the Perm ttees to require that
dem lition perm is for buildings that w re built or rem deled during the period from
January 1, 1950 to D cem er 31, 1980 be screened for the presence of PCBs in priority
building rn terials; and
WHEREAS, m re specifically, rem deling, partial building, w od fram d structure,
and single-fam ly residence dem lition projects are exem t from the screening for the
presence of PCBs in priority building m terials; and
DocuSign Envelope ID: 76AE3EF4-B9C6-4844-AC63-319D90CAB588
WHEREA , the M P requires that these new program are adopted by June 30, 2019
and im lem nted by July 1, 2019; now therefore, be it
RESO VED by the D nville Tow Council that it hereby adopts a program to m nage
PCBs in building m terials during dem lition; and, be it further
RESO VED that the D nville Tow Council authorizes the Tow M nager to
prom lgate regulations and procedures to create and m nage the program including
conditions of approval, dem lition perm t requirem nts and/or construction and
dem lition w Ste m nagem nt form ; and, be it further
RESO VED under the provisions of Section 15308 of the State G idelines for
Im lem ntation of the California Enviromn ntal Q ality A t (CEQ , the program to
m nage PCBs in building m terials during dem lition is found to be categorically
exem t from the environm ntal review requirem nts of the California Environm ntal
Q ality Act of 1970, as am nded. Section 15308 applies to actions taken by regulatory
agencies, as authorized by state or local ordinance, to assure the m intenance,
restoration, enhancem nt, or protection of the environm nt w ere the regulatory
process involves procedures for protection of the environm nt. N unacceptable
negative im acts have been identified; and, be it further
RESO VED that the Tow M nager w 11 develop the appropriate perm t fees and/or
other cost recovery m chanism as needed for subsequent approval by the Tow
Council and inclusion in the Tow 's M ster Fee Schedule.
A ES: Arnerich, Blackwell, Morgan, Storer, stepper
N S: None
A STA NED None
A SEN : None
A PRO ED A TO FO M:
aitSagnby:
g.
404,08U—
CITY A TO N Y
DocuSignod by:
64GQ07461784Do-
0
TEST:
dac aSigned by:.:
ITY CLERK
PA 2 0 RESO U IO N 32-2019