Department of Planning, Building, and Environmental Services. Environmental Health Division

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1 Department of Planning, Building, and Environmental Services Environmental Health Division Certified Unified Program Agency (CUPA)/Pollution Prevention Team 1

2 Hazardous Waste Generator (California Health and Safety Code Chapter 6.5 and California Code of Regulations, Title 22) It is the generator's responsibility to determine correctly whether their waste is hazardous. This can be done by applying professional knowledge to the waste and to the processes generating the waste, or by testing according to the methods contained in 22CCR, Chapter 11. 2

3 Underground Storage Tanks (California Health and Safety Code, Chapter 6.7 and Napa County Code Chapter 16.20) All underground storage tanks (USTs) are subject to monitoring for leakage. UST operating permits are issued annually to verify compliance with state laws, regulations, and permit conditions. New tanks, tank modifications/repairs, and tank removals/closures are permitted by this Department. There are 46 UST facilities in Napa County that are inspected annually. 3

4 Aboveground Storage Tanks (California Health and Safety Code, Chapter 6.67) Facilities that store petroleum/petroleum products that meet or exceed the aggregate quantity of 1320 gallons are required to prepare and implement a Spill Prevention Control and Countermeasure (SPCC) plan. The exceptions: - Farms, nurseries, construction sites, or logging sites These sites are exempt from preparing a SPCC unless the tank is equal to or exceeds 20,000 gallons and the cumulative total capacity is more than 100,000 gallons. However, these sites must conduct daily inspections of petroleum containers and tanks, allow the CUPA to inspect the facility, and install secondary containment if the CUPA deems necessary. These facilities are not exempt from federal requirements, only APSA. There are approximately 80 facilities that are inspected triennially. 4

5 Hazardous Materials Business Plan (HMBP) (California Health and Safety Code, Chapter 6.95) Napa County CUPA reviews plans and conducts inspections of all businesses that handle quantities at any time of hazardous materials/ hazardous waste that is: Greater than or equal to 55 gallons of liquid 500 pounds of a solids and 200 cubic feet of a compressed gas - Businesses are inspected triennially and there is an estimated 1,250 of these facilities throughout Napa County. - California Environmental Reporting System (CERS): Facilities must recertify their HMBP annually by March 1. 5

6 California Accidental Release Prevention Program (California Health and Safety Code, Chapter 6.95) There are certain regulated substances, known as extremely hazardous substances, that require extensive emergency planning. Facilities that handle certain quantities of extremely hazardous substance must file a Risk Management Plan. The are 9 facilities in Napa County that are regulated under the California Accidental Release Prevention Program that are inspected triennially. 6

7 Stormwater CUPA/Pollution Prevention Team Responsibilities Municipal Permit requires Napa County to inspect industrially regulated facilities and facilities that pose a threat to stormwater for which they are already inspecting due to qualifying for a Unified Programs Permit. Qualifying facilities are inspected triennially. Complaint Response. 7

8 Spill Reporting (a) Except as provided in subdivision (b), the handler or an employee, authorized representative, agent, or designee of a handler, shall, upon discovery, immediately report any release or threatened release of a hazardous material to the unified program agency, and to the office, in accordance with the regulations adopted pursuant to this section. The handler or an employee, authorized representative, agent, or designee of the handler shall provide all state, city, or county fire or public health or safety personnel and emergency response personnel with access to the handler s facilities. (California Health and Safety Code) 8

9 What Drives Spill Reporting Regulatory Requirements - Potential fines for failing to report Real Estate Transactions - Disclosure requirements - Loan considerations 9

10 Contact Information Doug Calhoun Environmental Health Supervisor