(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: (A) 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 (B) the concentration of PCBs in each priority building material present; and (C) 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 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. 1963 § 2, (2019))
The following terms shall have the meanings when used in this chapter:
"Applicable structure"
means buildings constructed or remodeled from January 1, 1950 to December 31, 1980. Wood framed buildings and single-family residential buildings are not applicable structures regardless of the age of the building.
"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 Section 18.07.065.
"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.
"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.
"DTSC"
means the state of California Department of Toxic Substances Control.
"EPA"
means The United States Environmental Protection Agency.
"PCBs"
means polychlorinated biphenyls.
"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.
"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).
"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.
"Public works director"
means the public works director or authorized designee.
"Regional Water Board"
means the California Regional Water Quality Control Board, San Francisco Bay Region.
"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).
(Ord. 1963 § 2, (2019))
This chapter applies to applicants for buildings constructed or remodeled from January 1, 1950 to December 31, 1980.
(Ord. 1963 § 2, (2019))
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.
(Ord. 1963 § 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 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.
(Ord. 1963 § 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. 1963 § 2, (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 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 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.
(Ord. 1963 § 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. 1963 § 2, (2019))
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.
(Ord. 1963 § 2, (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 Chapter 25.20 Permits and Licenses or Section 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 therefrom, or as otherwise imposed by law, nor impose any liability upon the city of Burlingame for damages to persons or property.
(Ord. 1963 § 2, (2019))
Failure to submit the information required in this chapter or submittal of false information will result in denial of the building permit.
(Ord. 1963 § 2, (2019))
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 the city of Burlingame costs for staff time or consultant staff as applicable required to implement this chapter.
(Ord. 1963 § 2, (2019))