sacramento county hazardous materials business plan

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A guide to california’s hazardous materials business plan program, introduction.

California is home to a diverse range of industries, many of which handle hazardous materials as part of their operations. Manufacturers may use hazardous chemicals as raw materials throughout their production processes or produce them, construction companies use hazardous solvents, and oil and gas companies involved in extraction or refining of oil and gas use a variety of regulated hazardous chemicals such as diesel fuel. These use cases, as well as others within the agriculture, automotive, and healthcare industries among others are all around us, helping to provide us the creature comforts we’ve come to appreciate. 

Ensuring the safety of these operations and the well-being of the surrounding communities is of paramount importance to California’s governing bodies, and the Hazardous Materials Business Plan (HMBP) Program is a key initiative designed to achieve this goal. In this blog post, we will provide a comprehensive overview of California’s HMBP Program including: how to comply, common challenges during compliance, and potential exemptions.

Understanding California’s Hazardous Materials Business Plan Program

The Hazardous Materials Business Plan (HMBP) Program is a state-mandated program that aims to protect public health, safety, and the environment by ensuring that businesses handling hazardous materials in California have adequate emergency response and training plans in place. These plans outline how hazardous materials are stored, handled, and disposed of, in addition to providing crucial information to first responders in the event of an emergency, so that they can respond in the safest and most effective manner. 

The California Environmental Reporting System (CERS) serves as the central reporting portal for HMBPs, which allows businesses to electronically submit their HMBP information, ultimately delivering it to the relevant Certified Unified Program Agencies (CUPAs).

The HMBP Program is implemented statewide in California, and compliance is enforced by the local CUPAs. Businesses located in different regions of the state will submit their HMBPs to the appropriate local CUPA, which will then review the plans and conduct inspections to ensure compliance with HMBP. In order to ensure compliance, organizations may consider implementing enterprise compliance software .

What are the steps to maintain compliance with California’s Hazardous Materials Business Plan Program?

There are several steps that businesses must follow to meet hmbp compliance requirements: .

• Identifying hazardous materials: The first step towards compliance is for businesses to identify and inventory all hazardous materials present at their facility.
• Developing an HMBP: Once a business has identified all hazardous materials on site, they must complete the HMBP that outlines business activities, facility information, hazardous materials inventory, site map, emergency response plan, and an employee training program.
• Submitting the HMBP to the local CUPA: Businesses must submit their HMBP to the appropriate local CUPA via the California Environmental Reporting System (CERS) by the applicable due date.
• Facility inspections: Local CUPAs conduct regular inspections of facilities to verify HMBP compliance and ensure that businesses are adhering to safety standards, meaning that an organization must maintain ongoing compliance.
• Updating the HMBP: Dependent upon the facility’s operations, businesses must review and update their HMBP annually, once every three years (if the facility is not regulated under EPCRA or APSA), or whenever there are significant changes to their hazardous materials inventory or processes. These requirements can also change based on the CUPA’s discretion.
• Employee training: As part of HMBP compliance, businesses must provide ongoing training to employees responsible for handling hazardous materials or responding to emergencies.

While this list covers the requirements of the program, it is an exhaustive list of activities, as each individual requirement may necessitate many additional steps. Working with an expert to identify exactly what your business needs to comply is a great way to get started.

What are the challenges of complying with HMBP?

As you may have guessed, each of the above requirements can present many challenges to organizations, which are made up of many different functions and departments that may experience turnover, etc.

Some common challenges organizations face are:

• Keeping up with regulatory changes: The regulations governing hazardous materials are constantly evolving to address new risks and improve safety standards. Businesses must stay up-to-date with these changes to ensure ongoing compliance with HMBP requirements.
• Accurate identification and inventory management: Properly identifying and tracking hazardous materials can be a complex task, especially for businesses that handle a large variety of chemicals or experience frequent changes in inventory. Implementing enterprise software can help businesses maintain accurate records and comply with HMBP requirements.
• Developing and maintaining a comprehensive HMBP: Creating a plan that addresses all required elements, including facility information, an inventory of hazardous materials, a site map, an emergency response plan, and an ongoing employee training program, can be time-consuming and challenging. Businesses may need to invest in training or hire experienced professionals to ensure they maintain HMBP compliance.
• Ensuring employee training and awareness: Training employees on the safe handling, storage, and disposal of hazardous materials, as well as emergency response procedures, is essential for HMBP compliance. However, employee turnover, time constraints, and a lack of training resources can make it difficult for businesses to maintain a well-trained workforce.
• Navigating local variations: The implementation and enforcement of the HMBP Program can vary between local CUPAs, leading to differences in requirements and interpretations of the regulations. Businesses operating in multiple jurisdictions may find it challenging to navigate these variations and ensure compliance across all locations.

It’s critical to note that, regardless of how challenging the company’s situation, it doesn’t mean they’re exempt from complying with HMBP.

So, what can be done? To help overcome these challenges, organizations should consider the following:

• Designate a compliance officer or team responsible for staying up-to-date with regulatory changes and ensuring that the HMBP is revised accordingly.
• Implement software to accurately track hazardous materials and maintain up-to-date records.
• Invest in training or software to develop and maintain a comprehensive HMBP that addresses all required elements.
• Allocate resources for ongoing employee training and establish a system to track and document training completion.
• Consult with local CUPAs to understand any variations in requirements and ensure compliance across all locations.

Are there any exemptions to the Hazardous Materials Business Plan Program?

Certain businesses may be exempt from the HMBP requirements based on specific criteria. While this post includes a list of exemptions, you should always check with your local CUPA to confirm subjectability to regulations.

Some common reasons a facility may be exempt from complying with HMBP are:

• Small quantities of hazardous materials: Businesses that handle hazardous materials below specified threshold quantities may be exempt from HMBP requirements.
• Retail facilities: Retail facilities that primarily sell hazardous materials to the general public for personal, family, or household purposes may be exempt from HMBP requirements.
• Temporary storage: Businesses that temporarily store hazardous materials during transportation and do not store them at a facility for more than 30 days may be exempt from HMBP requirements.
• Household hazardous waste collection events: Facilities or events that collect household hazardous waste from the public for proper disposal or recycling may be exempt from HMBP requirements.

California’s Hazardous Materials Business Plan Program and the California HMBP re is a vital initiative designed to protect public health, safety, and the environment from the potential dangers posed by hazardous materials.

By understanding the program’s requirements, implementation, and compliance processes, businesses can effectively participate in the HMBP Program and contribute to the safety of their communities. Although there are some exemptions to the HMBP requirements, it is crucial for businesses to consult with their local CUPA to ensure they fully understand their obligations.

California’s HMBP Program serves as a comprehensive framework for businesses to safely manage hazardous materials and mitigate the associated risks. By adhering to the program’s guidelines, businesses not only fulfill their legal obligations but also promote a safer and more sustainable environment for all Californians. To learn how Encamp can help your organization maintain compliance with HMBP, drop us a line here .

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Hazardous Materials Business Plan (HMBP) – When is the annual due date?!

Under California law, businesses that handle hazardous materials above certain thresholds must annually prepare and submit a Hazardous Materials Business Plan (“HMBP”) to the appropriate local Certified Unified Program Agency (“CUPA”).

By default, regulated businesses must submit HMBPs annually on or before March 1. However, the March 1 deadline is, like many other aspects of the HMBP program, subject to your local CUPA’s modification. For example, Monterey County Health Department’s due date is January 1, San Joaquin County Environmental Health Department’s is January 15, Los Angeles County’s is (usually) March 15, and several other CUPAs require submission within 365 days of your last submission, no matter the date.

The administrative penalties for a late submission can reach up to two thousand dollars ($2,000) per day or five thousand dollars ($5,000) per day for “knowing” violations.

Having prepared hundreds of HMBPs for clients throughout California, we appreciate the challenges businesses face in understanding and addressing the requirements established by over 80 CUPAs and numerous participating agencies throughout the state. If you would like to know more about the state’s HMBP program and how it may affect your business, please feel free to contact us.

© 2018 – Hartman King PC. All rights reserved. The information in this article has been prepared by Hartman King PC for informational purposes only and does not constitute legal advice.

regulations

agritourism ordinance

The ordinance would allow farmers and providers of locally grown crops to expand their opportunities to bring locally grown products to the community and create additional revenue streams to keep agricultural pursuits and farming viable in Sacramento County.

Winery, Farm Stand and Farm Stay Ordinance

Adopted Agricultural Tourism Ordinance

Background Documents:

Ordinance Staff Report

Draft Winery, Farm Stand & Farm Stay Ordinance Addendum #1

Draft Winery, Farm Stand  & Farm Stay Ordinance Addendum #2

Draft Winery, Farm Stand and Farm Stay Board Letter  ​

prop 65 compliance

In 1986, California voters approved the Safe Drinking Water and Toxic Enforcement Act of 1986—commonly known as Proposition 65. A business knowingly discharging a listed chemical into a drinking water source has 20 months to cease discharges once a chemical is listed.

In 1986, California voters approved the Safe Drinking Water and Toxic Enforcement Act of 1986—commonly known as Proposition 65. Generally, Proposition 65 prohibits businesses from knowingly and intentionally exposing individuals (consumers, employees, and all others) to chemicals known to cause cancer (“carcinogens”) or to cause birth defects or reproductive harm (“reproductive toxicants”) without first providing clear and reasonable warning. Proposition 65 also restricts businesses from knowingly discharging listed chemicals where they would likely pollute drinking water sources.

Warning may be given in any of several ways—including by product labeling, area signage, noticing, or newspaper publication. Businesses with potential chemical exposure must give warnings within one year after the date the chemical was added to the list. Failure to provide an adequate warning can subject a company in violation to fines of up to $2,500 per day, per exposure incident.

A business knowingly discharging a listed chemical into a drinking water source has 20 months to cease discharges once a chemical is listed.

To read the regulation in full, please visit the Office of Environmental Health Hazard Assessment’s (OEHHA’s) website  here .

For more information on whether you are in compliance or how to come into compliance, please contact our office for our members only resources. 

hazardous  material

Hazardous Materials Business Plan Checklist Summary Hazardous Waste Checklist Summary

Growers who store, handle, use or otherwise maintain reportable quantities of hazardous materials equal to or greater than 55 gallons of a liquid, 200 cubic feet of compressed gas, 500 pounds of a solid are required to submit and maintain a Hazardous Materials Plan.

For more information and to obtain forms go to the Sacramento County Environmental Management Division website  http://www.emd.saccounty.net/Documents/EMDForms-HMP.html

The Ag Commissioner’s office is administrating the program for the County Environmental Management Division.  You may contact the Walnut Grove office at 916-776-1400 or the Galt office 209-745-4109 for questions.

Below is an inspection checklist of common types of violations of Federal, State or local laws and regulations.  The County Ag Department is adminstrating the program and growers should consult with the either the Galt or Walnut Grove offices as listed above.

Post-Tribune | Gary, area officials say Summit, Inc. closure…

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Post-tribune | gary, area officials say summit, inc. closure plan doesn’t go far enough.

Many area officials, including Gary Mayor Eddie Melton, State Rep. Vernon Smith, D-Gary, and a representative from the office of U.S. Rep. Frank Mrvan, D-Highland, said the modified closure plan does not go far enough because it closes a small portion of the junkyard by 2030.

Around 93% of the residents who live within one mile of the site are people of color, officials said, while 84% of the residents within three-mile radius are people of color.

“We’re trying to change the narrative. Far too often, the narrative is that it’s okay to dump on Gary. It’s okay to emit toxins and fumes in a majority-minority city, low income city,” Melton said. “We don’t see this happening and taking place in more suburban communities around our region, and we want that same respect.”

Summit, Inc., 6901 W. Chicago Avenue, operates as a large-scale metal recycler, and it is located near the Gary/Chicago International Airport and bordered by Airport Road, Industrial Highway and U.S. 12, according to the modified closure plan.

The IDEM modified closure plan, which is in response to a 2022 court order, would shut down two areas within the junkyard, in which the U.S. Environmental Protection Agency saw crushed automobiles leaking transmission fluid, engine oil, brake fluid, antifreeze and gasoline onto the ground. The EPA noted spent lead acid batteries on the ground and puddles with residual fluids, like automotive used oils and gas, according to the plan.

Since 2004, the City of Gary has used legal avenues to ensure that the site is properly cleaned and has issued fines for not maintaining a clean site, seven area legislators stated in a letter. In 2014, IDEM found that Summit, Inc. violated the solid waste disposal process, and in 2016 the EPA entered into a consent agreement with the company that included a civil penalty and required site clean up, according to the letter.

In that time, Summit, Inc. hasn’t complied with court rulings or paid fines to clean up the site, according to a letter.

Summit, Inc. president and site owner Peter Coulopoulos attended the hearing. He did not speak during the public hearing and declined to comment afterward.

Melton said he received a 15-page report from the Gary/Chicago International Airport documenting 288 explosions on the site since 2010, with 12 more reported in March and April of this year.

The EPA identified over 20 hazardous materials, including lead, mercury and methochloride, on the site above safe levels for human and environmental health in 2008, Melton said. It also has documented that the substances have spread outside the site, which increases health risks for residents, he said.

“Many of the substances listed are toxic and can cause cancer,” Melton said.

Tommy Sokolowski, an attorney for the Gary/Chicago International Airport, said that the modified closure plan will only clean up 0.64 acres of the 38-acre site.

“We’re getting doomed for another 20 years of no site cleanup,” Sokolowski said.

State Sen. Rodney Pol, D-Chesterton, who also works as an attorney for the City of Gary, said agencies like IDEM need to enforce the court order to clean up the site.

“It’s time that the City of Gary is taken seriously and these orders are taken seriously,” Pol said. “Without that, we’re essentially sending a clear message that no matter how hard you try this can continue, and that has to stop now.”

State Sen. Lonnie Randolph, D-East Chicago, said Summit, Inc. has been causing problems in Gary for the last 20 years. IDEM has the authority to shut Summit, Inc. down, he said.

“They have no business coming to this town and polluting it,” Randolph said.

State Rep. Earl Harris Jr., D-East Chicago, said the operations on the site have resulted in fires and explosions, which in turn have led to chemical contamination of the soil and groundwater. The proposed plan is only a partial clean-up, Harris said, and does not go far enough.

Smith said 20 years is a long time to wait for a clean-up on the site and deal with a company that does not respect court rulings or the community it is located in.

“I think even a blind man can see that Summit has no respect for any of the agencies that it’s been involved in. No respect for the courts, no respect for the City of Gary, no respect for the lives of the people who reside in this area,” Smith said.

Mark Lopez, Chief of Staff to U.S. Rep. Mrvan, said the Congressman said more should be done to address the site.

“Considering the multiple investigations of this facility, the Congressman believes that stronger action is necessary to ensure this site is no longer a polluter in our shared community. The operator’s repeated abuse of air, land and water should no longer be tolerated,” Lopez said.

Gary Advocates for Responsible Development President Dorreen Carey said the modified closure plan is incomplete because it would only close down a portion of the site.

GARD — a nonprofit group with a mission to promote economic development in Gary that prioritizes environmental justice, community health and protection of neighborhoods and natural resources — called for Summit to be shut down.

“The mere fact that this closure plan is a requirement of a federal court order should tell you that Summit cannot be relied on to clean up its property,” Carey said. “It needs to be cleaned up now. Unfortunately, Summit cannot be trusted to do this work.”

Brian Robinson, a Gary resident and Summit employee, said while he understands the environmental concerns, the company shouldn’t be shut down because then many people will be left without a job.

“There has to be some type of agreement, not just we go one way or the other,” Robinson said.

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