Sec. 365.203. - PCB special rules.

(a) Notwithstanding any other ordinance or local rule, 40 CFR 761, Polychlorinated Biphenyls (PCBs) Manufacturing, Processing, Distribution and Commerce, and Use Prohibitions (2003), commonly referred to as the "EPA PCB Mega Rule," is hereby adopted by reference as a rule of the Board, which may be amended from time to time, or repealed, by the Board in accordance with Chapter 360 , Ordinance Code. Adoption of the EPA PCB Mega Rule shall not be construed to limit the authority of the Board to adopt rules pursuant to Section 365.103 , and Chapter 360 , Ordinance Code, to implement, administer and enforce the rule adopted by this subsection, including the adoption of rules of the Board concerning zoning and other institutional controls and follow-up monitoring. (b) In addition to any other provisions of law regulating hazardous wastes and except in those instances that are subject to the provisions of Section 365.203 (a), Ordinance Code, the following special rules specifically apply to polychlorinated biphenyls and materials contaminated with PCBs, hereinafter separately or collectively referred to as PCBs: (1) PCBs shall not be disposed of at any site that has not been approved by EPA and the Department. Evaluation of sites shall be based upon criteria developed by Department including the potential for degradation of the chemical, physical and biological integrity of surface waters: adverse effects upon ground and surface water quality; effects upon publicly-owned sewage treatment works and areawide waste treatment management plans; compatibility with air quality management plans; and compatibility with surrounding land use. Information for the evaluation will be provided by the applicant. The Board shall, by Rule, develop procedures and regulations necessary to implement this Section. PCBs shall not be disposed of by incineration under any circumstances. (2) PCB waste stored for a period longer than 30 days at a site in the City shall comply with the storage requirements contained in 40 CFR 761.65. (3) PCBs shall not be permitted in any detectable concentration in road oil or asphalt used in the construction or repair of streets, highways and roads or for dust control. (4) Every person who generates, stores, handles or disposes of liquid wastes that could be contaminated with oils from transformers or capacitors in excess of 50 gallons a day on any one day shall be responsible for sampling and analysis as necessary to determine whether he is handling PCBs. A person who becomes aware that PCBs are on or in property owned or controlled by him, including vehicles and containment vessels, shall report this fact to the Department within ten days or at the time he first becomes aware of the PCB contamination. Initial notification reports and monthly status reports will be submitted to the Department, in a form approved by the Department, until all PCB is removed. (5) Each PCB handler shall, upon discovery of an accidental release into the environment, immediately report the incident to the Department. Releases of less than one liter, at concentration less than 50 ppm PCBs by weight and not exceeding one pound PCB need not be reported. (6) A facility used for the temporary bulk storage of PCB for longer than 30 days shall be equipped with an adequate containment dike or wall to prevent the accidental discharge of spilled material. The diked or walled area shall be completely lined with an impervious material and shall be of sufficient extent and volume to completely contain twice the volume of the largest tank, drum or container or 25 percent of the total volume of all enclosed tanks, drums or containers, whichever is greater. (7) Notwithstanding any other ordinance or local rule, sites with soil contamination in concentrations greater than 50 parts per million by weight shall be remediated in accordance with 40 CFR 761, Subpart D, 7-1-03 Edition, or such subsequent edition or any other rule as may be adopted from time to time by the Board. (Ord. 94-964-700, § 2; Ord. 2004-1267-E, § 1; Ord. 2010-68-E, § 2)