100 H Street, Suite 100 Eureka, CA 95501 (707) 445-6215 (707) 441-5699 FAX Hazardous Materials UnitCertified Unified Program Agency (CUPA)The State Secretary for Environmental Protection designated the Hazardous Materials Program of the Humboldt County Division of Environmental Health as the Certified Unified Program Agency (CUPA) The CUPA is charged with the responsibility of conducting compliance inspections of over 800 facilities in Humboldt County. These facilities handle hazardous materials, generate or treat a hazardous waste and/or operate underground storage tanks. The CUPA uses education and an effective enforcement program to minimize the risk of chemical exposure to human health and the environment. The CUPA forwards important facility information to local fire prevention agencies that enables them to take appropriate protective actions in the event of an emergency at regulated facilities. The CUPA program elements include:
Local Oversight Program (LOP)This program is in contract with the State Water Resources Control Board (SWRCB) to oversee the cleanup of sites where underground petroleum storage tanks have leaked. The LOP works with responsible parties and consultants to assure that the Underground Storage Tank Corrective Action Requirements are met. Compliance with these requirements allows cleanup costs to be reimbursed by the state’s Underground Storage Tank Cleanup Fund to the maximum extent possible. As of 2007, over 300 contaminated sites in Humboldt County have been cleaned up to a level where no further action is required. In addition to working with SWRCB, consultants and responsible parties, the LOP works closely with the North Coast Regional Water Quality Control Board staff on a site specific basis.Click here for Unified Program Electronic Reporting Surcharge Document Click here for Hazardous Materials Unit Forms Click here for Hazardous Materials Unit Contact Information Click here for Hazardous Materials Unit Useful Links What is a Hazardous Material?The California Health and Safety Code defines a Hazardous Material as "any material that because of its quantity, concentration, or physical or chemical characteristics poses a significant present or potential hazard to human health and safety or the environment if released into the work-place or environment." Thus, hazardous material is a broad term for all substances that may be hazardous, and includes hazardous substances and hazardous waste. Substances that are flammable, corrosive, reactive, oxidizers, radioactive, combustible, or toxic are considered hazardous. Because of the broad definition of this law, if a substance is considered hazardous under any other environmental, safety, or transportation law or regulation, it is likely to meet the definition of hazardous material for this law. These include substances that require a Material Safety Data Sheet under worker protection laws, substances that are regulated as hazardous under transportation laws, and substances that are listed as radioactive under federal environmental regulations. Some common hazardous materials include: oil, fuels, paints, thinners, cleaning solvents, compressed gases, radioactive materials and pesticides.RequirementsThe CUPA regulates facilities that store hazardous materials or generate hazardous wastes. Permits are required for underground storage tank construction, removal, modification and operation. To discuss the specific requirements that apply to your business activities, contact a Specialist at (707) 445-6215. When proposing a new or modified business, it is advisable to contact the CUPA, the fire department having jurisdiction for the fire code implementation, the local community services agencies, the air pollution control district, and the local planning and building authorities as early as possible in the planning process. Each of these organizations may have additional requirements for permits and plans.Inspection and ComplianceThe CUPA's policy is to educate facility operators regarding requirements for the handling, storage and proper disposal of hazardous substances. The inspection program focuses on public awareness and provides information designed to assist facility operators with compliance. Inspectors will check hazmat storage areas, disposal records, emergency response plans and employee training records. The CUPA has an investigation and enforcement program that addresses facilities that pose risks to human health, safety and the environment by engaging in unlawful business practices.Penalties for Non-ComplianceAny business that violates any provision of the Business Plan shall be civilly liable in an amount of not more than two thousand dollars ($2,000) for each day of the violation. Any business that knowingly and willfully violates any provision of the Business Plan shall be civilly liable in an amount not to exceed five thousand dollars ($5,000) for each day of the violation (California Health and Safety Code, Section 25514(b)).Any person who willfully prevents, interferes with, or attempts to impede the enforcement of this chapter by any authorized representative of an Administering Agency is, upon conviction, guilty of a misdemeanor (Health and Safety Code, Section 25515.1). If the violation results in, or significantly contributes to an emergency, including a fire to which the county and/or city is required to respond, the person(s) shall also be assessed the full cost of the county and/or city emergency response, as well as the cost of cleaning up and disposing of the hazardous material. Hazardous Materials Release Response Plans and Inventory (Business Plan)The purpose of this CUPA program is to provide hazardous material information about facilities to emergency responders and the general public. Facilities are required to disclose all hazardous material and waste above certain designated quantities that are used, stored, or handled at their facility. The plans must be updated by March 1st of each year, or within 30 days of a substantial change. Facilities are also required to train their employees to safely handle chemicals and to take appropriate emergency response actions. Inspections are conducted periodically to verify a facility’s inventory and other information on the Business Plan.In Humboldt County, the Business Plan is also used to satisfy the contingency plan requirement. A new business going through the process of obtaining County or City planning or building approval must comply with the Business Plan requirements prior to obtaining final certificate of occupancy and prior to bringing hazardous materials onto the property. The quantities that trigger disclosure are based on the maximum quantity on site at any time: 55 gallons, 500 pounds, or 200 cubic feet for thirty days or more at any time in the course of a year; any amount of hazardous waste; category I or II pesticides; explosives; or extremely hazardous substances above the threshold planning quantity. Submission of the Business Plan satisfies the EPCRA 311-312 Tier II Reporting requirement of the USEPA if done in accordance with EPCRA instructions. For more information, see the Business Plan Forms on the Hazardous Materials Unit forms page here. With the exception of the site diagram, location information and substantiated trade secrets, the Business Plan is available for review by the public. Release ReportingBusinesses that handle hazardous materials are required by law to provide an immediate verbal report of any release or threatened release of hazardous materials, if there is a reasonable belief that the release or threatened release poses a significant present or potential hazard to human health and safety, property, or the environment. Agency reporting numbers are located on Page 1 of your Emergency Response Plan. Fines of up to $25,000 per day and one year in prison may result for failure to report a release or a threatened release. Any releases or threatened releases of hazardous materials must be reported to the CUPA at (707) 445-6215, or after hours through Sheriff’s dispatch at (707) 445-7251; and to the State Office of Emergency Services (OES) Warning Center. Reports to OES can be made by calling (800) 852-7550 or (916) 845-8911. If a release involves a hazardous substance listed in the Code of Federal Regulations, Title 40, and the release equals or exceeds the reportable quantity, an additional immediate verbal report must be made to the National Response Center and a follow-up notice must be filed within 15 days of the incident. Reporting forms may be obtained from this Department or from the California Code of Regulations, Title 19.
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