Demolition Permit Application – Managing PCBs

The City of San José is required to implement an updated Polychlorinated Biphenyls (PCBs) screening process by the San Francisco Bay Region Municipal Regional Stormwater NPDES Permit (Stormwater Permit). This process helps protect the San Francisco Bay from PCBs pollutants that may be present in demolition materials. See History and Notice to Applicant sections for additional background.

REQUIREMENTS

Since July 1, 2019, all applicants for a demolition permit or any other permit that involves the demolition of an entire building must submit the following documentation with their building permit application in San José:

1. Screening Assessment Form – Required for all demolition permits or any other permit involving the demolition of an entire building. Single-family homes are exempt.

2. Only applicants demolishing applicable structure(s)* must complete Part 3 of the Screening Form, conduct representative sampling according to the Bay Area Stormwater Management Agencies Association (BASMAA) protocol, and provide required supporting documents to the City:

Summary of results on Screening Form
Contractor’s report documenting assessment results
QA/QC checklist
Copies of analytical data reports

*Applicable structure(s) are buildings constructed or remodeled between January 1, 1950 and December 31, 1980. Single family residential and wood-framed structures are exempt.

Starting July 1, 2023, the Stormwater Permit expanded requirements in addition to the requirements stated above, only for applicable structures confirmed to contain any building material with a PCBs concentration of 50 parts per million (ppm) or greater. See below for details.

Additional Requirements for Structures Exceeding the 50ppm Threshold

1. Notify the following agencies at least seven (7) working days before the start of demolition and ensure this notice contains the date that the actual demolition is to occur:

City of San Jose: WSPinbox@sanjoseca.gov
San Francisco Bay Regional Water Quality Control Board:
- Imtiaz-Ali.kalyan@waterboards.ca.gov,
- Cheryl.Prowell@waterboards.ca.gov
U.S. Environmental Protection Agency (U.S. EPA): santos.carmen@epa.gov

2. Notify the City as to whether advance approval from the U.S. EPA is required for the site, within five (5) working days of it being determined.

3. Have project sites inspected by City inspectors prior to demolition to ensure that effective construction pollutant controls are used to prevent discharge into the storm sewer system. The City may impose additional site controls as determined during the inspection or approval process.

4. Conform with the best management practices (BMPs) for dust and sediment control as specified in The Association of Bay Area Government's Manual of Standards for Erosion & Sediment Control Measures and the California Storm Water Best Management Practice Handbook.

5. Notify the City of the actual demolition date(s) within five (5) working days after the demolition is complete.

6. Provide the City with the initial generator’s certification in the Uniform Hazardous Waste Manifest provided to the transporter of the hazardous waste within ten (10) working days of the transport of the materials. Within ten (10) working days of the hazardous waste documentation becoming available, provide the City with official documentation that the building materials with PCBs concentrations of fifty (50) ppm or greater were disposed appropriately according to state and federal regulations.

History

PCBs were manufactured in the United States from 1929 until 1977. Because of their non-flammability, chemical stability, high boiling point, and electrical insulating properties, PCBs were used in hundreds of industrial and commercial applications. The Toxic Substances Control Act banned most manufacturing and use of PCBs after 1979 due to concerns about their potential harmful health effects and their persistence in the environment.

PCBs have been detected at elevated levels in certain sport fish in the San Francisco Bay. To protect public and environmental health, PCB sources in the Bay need to be identified and controlled. Urban stormwater runoff is considered a significant pathway for PCBs to enter the Bay. The Regional Water Quality Control Board has therefore required that Bay Area municipalities address potential sources in urban runoff, including certain building materials that may contain PCBs and enter storm drains during building demolition.

Notice to Applicants and Agency Contacts

This process does not address other environmental programs or regulations (e.g., PCB regulations under the Toxic Substances Control Act; federal, state or local regulations for hazardous material handling and hazardous waste disposal; health and safety practices to mitigate human exposure to PCBs or other hazardous materials; recycling mandates; or abatement at sites with PCBs or other contaminants). The applicant is responsible for knowing and complying with all relevant laws and regulations.

Applicants should contact the appropriate agencies and review the relevant guidance and information about PCBs in building materials. City staff are not able to advise you on the requirements of the applicable federal and state laws.

Agency	Contact	Useful Links
US Environmental Protection Agency	Carmen Santos (415) 972-3360 santos.carmen@epa.gov	U.S. EPA PCBs website Questions and Answers about PCBs in Building Materials U.S. EPA PCB Facility Approval Streamlining Toolbox (PCB FAST) Test Methods for PCBs in Building (See Information for Contractors Working in Older Buildings that May Contain PCBs)
San Francisco Bay Regional Water Quality Control Board	Imtiaz-Ali Kalyan (510) 622-2499 Imtiaz-Ali.kalyan@waterboards.ca.gov Cheryl Prowell (510) 622-2408 Cheryl.Prowell@waterboards.ca.gov	San Francisco Bay PCBs TMDL Project Site Cleanup Program
Department of Toxic Substances Control (DTSC)	Regulatory Assistance Office 1-800-72TOXIC RAO@dtsc.ca.gov	Guide to Selecting a Consultant for Brownfields
California Division of Occupational Safety and Health (Cal/OSHA)	CalOSHA Consultations Services 1-800-963-9424	Cal/OSHA Consultation Services Branch

RESOURCES FOR COMPLIANCE

PCBs Screening Assessment Applicant Guide – Instructions for completing the PCBs Screening Assessment Form and supporting documentation.
Attachment A: Process Flow Chart
Attachment B: PCBs Screening Assessment Form
Attachment C: BASMAA Protocol – Required Bay Area Stormwater Management Agencies Association (BASMAA) protocol for representative sampling and analysis of priority building materials. Applies to applicants that complete Part 3 of the Screening Assessment Form.
City of San José Council Policy 6-28: Management of Pollutants During Demolition of Applicable Projects
Additional Information and Resources on Construction Site Best Management Practices (BMPs)
Santa Clara Valley Urban Runoff Pollution Prevention Program PCBs website

CONSULTANT AND CONTRACTOR ASSISTANCE

Below is a list of Bay Area associations of consultants and contractors who may be able to assist with screening for PCBs:

Disclaimer: The City of San José provides this list as a courtesy, for informational purposes and for the applicant to conduct its own research. This is not a complete list of associations, contractors or consultants and may not represent current availability of their products and services. It is the applicant’s responsibility to verify the qualifications of any contractor(s) and/or consultant(s). The City is not responsible for any expenses that may be associated with using this resource, nor does the City endorse any contractor or consultant.

STILL HAVE QUESTIONS ABOUT THE PCBS SCREENING PROCESS?

Contact the Environmental Services Department’s Watershed Protection Division:

Call: 408-945-3000
Email: WSPinbox@sanjoseca.gov