Hazardous Materials Business Plan

Find out if your business handles hazardous materials and generates hazardous wastes in Berkeley in one of the five ways regulated by the Toxics Management Division:

1. Hazardous Materials Release Response Plan and Inventory (Hazardous Materials Business Plan Program)
   If your business stores aggregate amounts of hazardous materials and hazardous waste over:

   • 55 gallons of liquids
   • 500 pounds of solids
   • 200 cubic feet of gas
   • lower amounts of some highly toxic and volatile chemicals

   then you must submit an electronic Hazardous Materials Business Plan (HMBP) through the state of California Environmental Reporting System (CERS). 
   (Division 20, Chapter 6.95 of the California Health and Safety Code)

2. Hazardous Waste Generator Program 
   Any business that generates any amount of hazardous waste that is either treated or shipped off-site for disposal or recycling must submit a Hazardous Waste Generator Application. Any business that treats or recycles hazardous waste onsite must have a permit to do so before conducting this activity. Call (510) 981-7460 or email toxics@berkeleyca.gov to receive an application.
   
   Small Quantity Generators (SQGs) may take hazardous waste to the Alameda County household hazardous waste facility but must retain proof of disposal receipt at the business office for inspection.
   
   (Division 20, Chapter 6.5 of the California Health and Safety Code)
3. Underground Storage Tank (UST) Program 
   The Toxics Management Division (TMD) regulates businesses that store hazardous materials in underground storage tanks (USTs). These facilities are required to have UST registration forms and monitoring and spill response plans on file with TMD. The requirements UST facilities must meet can be found in Chapter 6.7 of Division 20 of the California Health and Safety Code, and in Title 23 of the California Code of Regulations.
   
   TMD also oversees permits required for the removal, installation or modification of USTs. Businesses that want to install, remove, or modify a UST should start the permit process by contacting the Permit Service Center at (510) 981-7500.
4. Above Ground Petroleum Storage Act (APSA) Program
   A business is subject to APSA if any of the following applies:
   • The tank facility is subject to the Federal SPCC rule
   • Tank on site stores 1,320 gallons or more of petroleum
   • The tank facility stores less than 1320 gallons of petroleum but has one or more tanks in underground areas (TIUGAs)
     
     Learn more about the APSA Program.
     
     (CCR, Title 19, Division 1, Chapter 11)
5. California Accidental Release Prevention (CalARP) Program
   Businesses that handle large quantities of extremely hazardous substances or explosive materials should contact TMD at (510) 981-7460.
   
   Learn more about the CalARP Program.
   
   The California EPA and The California Code of Regulations also have more information.
   
   (Division 20, Chapter 6.95 of the California Health and Safety Code)

As a Certified Unified Program Agency (CUPA), the Toxics Management Division (TMD) regulates businesses that handle hazardous materials and generate hazardous wastes in Berkeley. The CUPA administers five state programs, including the issuance of permits, enforcement activities, and bills for services. If there are any questions, please feel free to call (510) 981-7460 or email toxics@berkeleyca.gov.

In addition to CUPA programs, TMD oversees other environmental programs:

• Stormwater: All businesses are required to comply with best management practices to prevent the contamination of stormwater by pollutants.
• Subsurface Investigations (Wells, Soil Borings): Businesses that want to install, destroy, or modify a monitoring well, take a soil boring deeper than 3 feet, or install a grab-groundwater sampling point should contact TMD at (510) 981-7460 for a permit. Please download and complete a Drilling Permit Application.
• Environmental Management Area (EMA): EMAs are areas in the City of Berkeley known or suspected to have groundwater contamination.
• File Reviews: If you are a prospective business owner and would like to know more about a facility or site, you may submit a file review request form. TMD files contain information about site remediation, hazardous wastes and materials, underground storage tanks, and historical data about chemical inventories and more. Please visit our Community Right-to-Know page for instructions on how to submit a request form.

Contact Information for Other Government Agencies of Interest to Businesses

• Department of Toxic Substances Control, State of California
  Berkeley: (510) 540-2122
• San Francisco Regional Water Quality Control Board
  1515 Clay Street, Oakland, CA 94612
  (510) 622-2300
• California Department of Public Health
  Environmental Health Investigations: (510) 620-3620
  Occupational Health: (510) 620-5757
• Occupational Safety and Health, U.S. Government:
  (800) 356-4674
• Cal OSHA consulting in Bay Area
  1515 Clay Street, Suite 1303, Oakland, CA 94612
  (510) 622-2916
  email: DOSHOAK@dir.ca.gov
• Office of Emergency Services
  For HAZMAT spill notifications, call the State Warning Center: 1-800-852-7550
• Alameda County Household Hazardous Waste Disposal
  This is a drop-in service for low-quantity waste generators. 
  To find out when the facility is open, call (510) 670-6460.