CUPA Program Element Summaries

 

ast3(1)  Hazardous Materials: CUPA Program Element Summaries 


1.   Hazardous Materials Reporting and Response Planning (HMRRP)

(California Health and Safety Code, Chapter 6.95)/(California Code of Regulations, Title 19)/(Municipal Code, Article 5, Sanitation and Health, Chapter 5.24) The Unified Program includes two chemical inventory and emergency planning disclosure programs. The first is the HMRRP which refers to the City's chemical disclosure ordinance, and is sometimes referred to as the Community Right To Know (CRTK) Program. Any business, except as provided in subdivision (c), which handles any hazardous material which singularly or in combination with other hazardous material, equal or exceed an aggregate weight of 500 pounds, or and aggregate volume of 55 galllons, or 200 cubic feet at standard tempeture and pressure of compressed gas, shall establish and implement a business plan for emergency responsed to a release or threathened release of a hazardous material in accordance with the standards in the regulations adopted by the State Office of Emergency Services. Any business which handles hazardous waste shall meet the requirements of this Section regardless of the quantitiy of such waste handled.  

2.   The Uniform Fire Code Business Plan

The second is the Hazardous Materials Management Plans (HMMP) which refers to similar reporting requirements in the Uniform Fire Code, and is sometimes referred to as the Hazardous Materials Business Plan, or Uniform Fire Code Business Plan. All of these programs are administered by the City's Fire Department. When you submit the HMRRP documents it satisfies all of these requirements. The fee structure is in accordance with which was adopted in accordance with Resolution No. 10816 by the Santa Monica City Council on April 8, 2015. Based upon the chemical inventory, each business is placed into one of four classes. Each class has a fixed cost recovery fee. The fee is based on a classification which considers the following variables: - Number of employees - Number of hazardous materials - Number of extremely hazardous substances (EHS) - Size of the facility (square feet) - Aggregate quantity of chemical by physical state - gases (cubic feet) - solids (pounds) - liquids (gallons) Reduction of the fee is most commonly achieved by reduction of the chemical inventory. The FY 18/19 fee structure is as follows:

  • Type 1: $170.00
  • Type 2: $340.00
  • Type 3: $681.00
  • Type 4: $1,192.00
  • Type 5: $1,704.00
3.  Hazardous Waste Generation and Onsite Treatment

(Health & Safety Code Division 20, Chapter 6.5, Articles 1-13; California Code of Regulations Title 22, Division 4.5, Chapters 10-12, 20, 31) This program element is run by the Los Angeles County Health Hazardous Materials Department. It includes regulation, inspections, investigations and site remediations of businesses which generate and / or treat hazardous waste. Also the County implements the Tiered Permitting Program for limited waste treatment by qualifying businesses. The FY 18/19 hazardous waste generator fee groups are based on the number of employees as follows:

Number of employees Approved 
Silver-only waste $295.00
0 to 2 $512.00
3 to 5 $746.00
6 to 19 $1,066.00
20 to 100 $1,439.00
101 or 500 $2,132.00

For questions, please call the Los Angeles County Health Hazardous Materials Division at (310) 348-1781.State of California Surcharge: (Health & Safety Code Division 20, Chapter 6.11, Section 25404.5 (b); California Code of Regulations Title 27, Division 27, Section 15210 and section 15240) In addition to the six Program Elements is the surcharge which is an annual cost-recovery fee for State oversight of the Unified Program. It is a fee to be paid by all Unified Program Facilities. For questions, please call the Fire Prevention Division at (310) 458-4971.

4.  Accidental Release Prevention (ARP)

This is a reporting and emergency planning program for businesses which handle extremely hazardous materials. Fees are determined on a case by case basis and are based on time and materials. The ARP was formerly known as the Risk Management Prevention Plan (RMPP) For questions, please call the Fire Department at (310) 434-2666.

5.  Aboveground Storage Tanks (AST)

(Health & Safety Code, Section 25270.3) A facility is required to prepare a Spill and Countermeasure (SPCC) Plan if a single AST containing a petroleum-based products or the aggregate quantity of petroleum-based products in multiple AST's exceed 1,320 gallons in capacity. Examples of pretroleum-based products include fuel, solvent, lubricants, used/virgin oils, bio-diesel, etc. If your facility's total storage capacity does not exceed 10,000 gallons and you do not have a a single tank with a storage capacity greater than 5,000 gallons, have not had a single discharge exceeding 1,000 gallons or two discharges exceeding 42 gallons in a twelve month period you may complete and self-certify a TIER I SPCC Plan. If you meet the previous requirements but have an individual tank that exceeds 5,000 gallons in capacity you may complete an self certiry a TIER II SPCC Plan.

6.  Underground Storage Tank (UST)

(Municipal Code, Article 8, Building Regulations, Chapter 8.24) The UST Program is administered by the Fire Prevention Division.

The FY 18/19 fee structure is as follows: first tank $2,330.00, each additional tank $466.00, and an annual State surcharge of $15.00 per tank. For questions, please call the Fire Prevention Division at (310) 458-8227. 

Additional CUPA Notes:

(Program Elements 1 and 2 are duplicative. Please see Program Element Summaries.) The legislation was driven by concerns in the State's business community that the regulation of hazardous materials in California was too complicated and burdensome. The first draft of the bill was actually written by thea California Chamber of Commerce. The intent has been to simplify the hazardous materials regulatory environment and provide a single point of contact for businesses, allowing them to address inspection, permitting, billing, and enforcement issues at a single location.

The City has contracted with the Los Angeles County Fire Department - Health Hazardous Materials Division to be a Participating Agency (PA). Before implementation of the Unified Program the County's Fire Department was the regulatory agency for the hazardous waste generator program and they were responsible for inspections, enforcement, permitting, and billing. Their role in the Unified Program is similar with respect to the Hazardous Waste Generator Program Element. They will continue to conduct inspections and participate in enforcement activities, however, billing and permitting will be handled through the City. Businesses which formerly paid a fee to the County and received a Hazardous Waste Generator Permit/License will now make this payment to the City of Santa Monica as part of the CUPA Invoice. The City will issue a Consolidated Permit which will replace the County's Hazardous Waste Permit/License.

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