Step-by-Step Guide to Comply with Berkeley’s Hazardous Materials Business Plans

Learn how to comply with Berkeley’s hazardous materials business plan requirements, including necessary permits and applications.

Introduction

Navigating Berkeley business regulations can be complex, especially when it involves handling hazardous materials. This guide provides a comprehensive, step-by-step approach to ensure your business complies with the city’s stringent hazardous materials business plan requirements. Whether you’re a new entrepreneur or an established business owner, understanding these regulations is crucial for maintaining safety and avoiding legal complications.

Understanding Berkeley’s Hazardous Materials Business Regulations

Berkeley enforces strict regulations on businesses that handle hazardous materials to protect public health and the environment. These regulations are administered by the Toxics Management Division (TMD), a Certified Unified Program Agency (CUPA), which oversees multiple state programs related to hazardous materials management.

Determining If Your Business Is Subject to Regulations

Before diving into compliance, it’s essential to determine if your business falls under Berkeley’s hazardous materials regulations. Businesses are regulated based on the types and quantities of hazardous materials they handle. Specifically, if your business:

• Stores over 55 gallons of liquid hazardous materials
• Stores over 500 pounds of solid hazardous materials
• Stores over 200 cubic feet of gaseous hazardous materials
• Handles highly toxic or volatile chemicals in lower amounts

then you are required to comply with Berkeley business regulations by submitting an electronic Hazardous Materials Business Plan (HMBP) through the California Environmental Reporting System (CERS).

Key Requirements for Compliance

1. Hazardous Materials Release Response Plan and Inventory

Your HMBP must include a detailed response plan outlining procedures for managing accidental releases of hazardous materials. Additionally, maintain an up-to-date inventory of all hazardous substances stored or used in your facility.

2. Hazardous Waste Generator Program

If your business generates hazardous waste, you must submit a Hazardous Waste Generator Application. Depending on the quantity of waste produced, you may fall under different generator categories, each with specific requirements for waste handling, storage, and disposal.

3. Underground Storage Tank (UST) Program

Businesses storing hazardous materials in underground tanks must register these tanks and develop monitoring and spill response plans. Any installation, removal, or modification of USTs requires obtaining the appropriate permits from the Permit Service Center.

4. Above Ground Petroleum Storage Act (APSA) Program

If your facility stores significant quantities of petroleum, you must comply with APSA regulations. This involves adhering to federal Spill Prevention, Control, and Countermeasure (SPCC) rules and ensuring proper storage practices to prevent environmental contamination.

5. California Accidental Release Prevention (CalARP) Program

For businesses handling large quantities of extremely hazardous substances or explosive materials, compliance with the CalARP program is mandatory. This includes developing preventive measures and response strategies to mitigate the impact of accidental releases.

How to Submit Your Hazardous Materials Business Plan

Submitting your HMBP is a critical step in complying with Berkeley business regulations. Follow these steps to ensure proper submission:

1. Assess Your Business Activities: Confirm that your business activities fall under the scope of hazardous materials regulations.
2. Gather Required Information: Compile detailed information about the hazardous materials you handle, including quantities and storage methods.
3. Develop Response Plans: Create comprehensive response plans for potential hazardous material releases.
4. Use CERS for Submission: Submit your HMBP electronically through the California Environmental Reporting System (CERS).
5. Obtain Necessary Permits: Depending on your operations, apply for additional permits such as the Hazardous Waste Generator Application or UST permits.

Permits and Applications Needed

Compliance with Berkeley business regulations involves obtaining various permits and completing specific applications:

• Hazardous Waste Generator Application: Required for businesses producing hazardous waste.
• UST Registration Forms: Necessary for facilities storing hazardous materials in underground tanks.
• Drilling Permit Application: Needed for businesses conducting subsurface investigations like soil borings or installing monitoring wells.

For assistance with these applications, contact TMD at (510) 981-7460 or email toxics@cityofberkeley.info.

Contact Information and Resources

Maintaining open communication with regulatory bodies is essential for ongoing compliance. Here are key contacts and resources:

• Toxics Management Division (TMD):
  Phone: (510) 981-7460
  Email: toxics@cityofberkeley.info

• California Department of Toxic Substances Control:
  Berkeley: (510) 540-2122

• San Francisco Regional Water Quality Control Board:
  Phone: (510) 622-2300
  Address: 1515 Clay Street, Oakland, CA 94612

• Occupational Health Services:
  Phone: (510) 620-3620

• Alameda County Household Hazardous Waste Disposal:
  Phone: (510) 670-6460

For more detailed information, visit the Berkeley Environmental Management page.

Tips for Maintaining Compliance

• Regularly Update Your HMBP: Ensure all information is current and accurately reflects your hazardous material handling practices.
• Train Employees: Educate your staff on hazardous materials management and emergency response procedures.
• Conduct Routine Inspections: Regularly inspect storage areas and equipment to identify and rectify potential hazards.
• Stay Informed: Keep abreast of any changes in Berkeley business regulations to maintain compliance.

Conclusion

Complying with Berkeley business regulations for hazardous materials is essential for the safety of your employees, community, and the environment. By following this step-by-step guide, you can navigate the regulatory landscape with confidence and ensure your business operates within the legal framework.

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