15.37.010 - Recitals.#

The areas of the Mesa De Oro subdivision and adjacent properties were the subject of a remediation action by the United States Environmental Protection Agency (USEPA). The purpose of the remediation efforts was to reduce a potential public health risk associated with arsenic (a constituent part of the soil's underlying the affected properties). The affected properties are shown on the map attached as Exhibit AA, and listed by lots on the chart attached as Exhibit BB (the affected properties), both incorporated by reference herein.

As part of the remediation efforts, "pathways" by which compounds and elements potentially migrate through the environment, enter the body, are absorbed and cause adverse health effects have been addressed by partial removal of affected soils (generally, mine tailings, typically grey in color, alone or mixed with other soils, containing concentrations of arsenic which may pose a risk to public health; herein referred to as affected soils) and the construction of physical barriers. On portions of the affected properties, the physical barriers include soil layers as "caps." The long-term success of the remediation efforts will depend upon the preservation of these barriers and improvements.

To avoid any potential public exposure, it is necessary to establish special building and land use standards to be followed when engaging in construction, landscaping, remodeling, renovation, demolition, the handling and disposal of soil, or when encountering the installed soil barriers (herein regulated activity).

(Ord. 305 §1, 2004)

Editor's note— Exhibits AA and BB, referenced above, are not set out herein, but are on file and available for inspection in the city offices.

15.37.020 - Building and land use standards.#

A. General Building Standards. Except as provided herein, during any regulated activity on the affected properties the fill dirt and/or soil barriers must not be breached, and the underlying affected soils must not be disturbed.§ To minimize contact with the affected soils and to maintain the integrity of the remediation measures, the following building standards will apply to the affected properties and will be enforced by the City of Sutter Creek Building, Public Works, and Police Departments.

1. Contractors, owner-builders, residents, or other persons engaged in a regulated activity (collectively, builders) shall comply with all state and federal laws and regulations concerning the handling of affected soils.

2. Any affected soils encountered shall be disposed of at an approved waste disposal site or replaced in an approved manner on site, all according to standard operating procedures to be developed by the city in consultation with the California Department of Toxic Substances Control.

3. If geotextile barriers or geocells are breached or altered without city approval, all excavation work shall immediately stop, and the Sutter Creek Building or Public Works Department shall be notified by builder. Builder shall be required to repair or replace barriers to the requirements of the Sutter Creek Building or Public Works Department before re-filling the excavation.

4. Any excavations, for whatever purpose, i.e., construction, plantings, fencing, garden watering, etc., shall not be filled if affected soils are encountered. Each builder will consult with the Sutter Creek Building or Public Works Department before refilling the excavation.

5. Underground utility connections or repair, especially sewer, will increase the likelihood of encountering affected soils. When connecting to existing public utilities, the following additional requirements shall be followed:

   a. Hand excavation to locate service connections;

   b. Connections and repairs shall be inspected by the Sutter Creek Building or Public

Works Department#

c. Disposal of Affected Soils#

1. Disposal of all affected soils at an approved landfill or reburied in an approved manner on-site.
2. Backfill connection excavation with clean fill dirt.
3. Any geotextile barriers or geocells shall be repaired and/or replaced, in an approved manner, prior to re-filling.

6. Dust Control Measures#

Dust control measures shall be employed during relevant stages of construction.§

7. Additional Precautions#

Additional precautions may be required by the building or public works department for work in crawl spaces or if existing masonry or cement work is removed.

8. Compliance with Safety Laws#

Each builder shall conduct all activities in compliance with applicable state and federal occupational safety and health laws and regulations.

9. Familiarization with Remedial Activities#

Each builder shall familiarize themselves with the remedial activities, investigations, reports, and plans generated by the USEPA for the affected properties, which may be supplemented from time to time by USEPA and/or other governmental agencies of appropriate jurisdiction. Such records are available for inspection at the Sutter Creek Building Department.

10. Prohibition on Below Ground Swimming Pools#

No construction of new below ground swimming pools or spas shall be allowed on the mesa portion of the affected properties.§

B. Project Permitting Requirements#

A permit is required for any regulated activity which has the potential for disturbing the remediation measures on the affected properties, including but not limited to:

• Excavation at a depth with the potential of exposing affected soils or geotextile barriers or geocells.
• Building demolition.
• New building construction.
• Construction of ancillary buildings, swimming pools, construction of decks, room additions.
• Regrading or contouring of lot or yard.
• Landscaping excavation.
• Work with underground utilities.
• Road maintenance and construction.

A permit must be issued and valid before any regulated activity can be performed. Each builder shall review with the appropriate city and county authorities any special rules and recommendations for work in the affected properties.

Additional inspection requirements may be necessary during construction. These may differ from what is experienced elsewhere in the city and county, and will be discussed prior to the issuance of a permit.

Failure to obtain required permits and comply with pertinent guidelines could result in the need to further remediate the real property at owner expense as well as the institution of legal or enforcement action by the city for failure to comply with this chapter.

C. Building Renovation Guidelines#

The remedial activities conducted by the USEPA on the affected properties were intended to protect the public during normal uses. Construction in existing buildings can stir up trapped dust, which could contain arsenic compounds which may have accumulated prior to remediation in out-of-the-way places (behind walls or moldings, in crawlspaces, in attics, in insulation, etc.).

Where practical, use plastic sheeting to isolate construction areas from the remainder of the building, and vacuum the work site at the end of each day's tasks.

Prior to beginning renovation work, consideration should be given to disposal of any insulation or carpeting (including pad). Upon removal, item to be disposed of should be bagged and area thoroughly vacuumed. Personal respirators and coveralls should be used when removing insulation.

D. Building Demolition Guidelines#

Demolition of existing structures, or parts of structures, can create dust problems and expose affected soils which were not disposed of during the USEPA supervised remediation. Use of mechanical equipment can also generate dust.

Any contemplated demolition will need to be addressed on a case-by-case basis after

15.37.030 - General precautionary measures. The following are general precautionary measures which should be followed on the affected properties:

• Notify the city building department if you encounter questionable soil materials or physical soil barriers.§
• Avoid hand-to-mouth activities while working in and around soil.§ Such activities include eating, smoking, or chewing tobacco.
• Control dust by wetting soils prior to and during digging.§

(Ord. 305 §1, 2004)

15.37.030 - Requirements.

— Consult with nursery personnel about required planting depths prior to purchase of nursery stock. Do not plant nursery stock that requires an excavation exceeding eighteen inches without consulting the Sutter Creek Building Department.§

— Control soil erosion.§

— Control burrowing animals.§

— Clothes worn while working in yards when affected soils are uncovered should be washed immediately and separately from other clothing.§

— Shower or bathe as soon as practical after working in yards when affected soils are uncovered.§

— It is strongly advised that fruits and vegetables from plants (e.g., trees) rooted in affected soils not be consumed. Food gardens should be planted in raised beds having at least two feet of clean soil above the existing grade.§

(Ord. 305 §1, 2004)

15.37.040 - Contact information.

For more information contact the City of Sutter Creek Building Department, City of Sutter Creek Public Works Department, or Amador County Environmental Health Department.

(Ord. 305 §1, 2004)