Hazardous Materials & Waste (CUPA)

The Unified Program is the consolidation of six state environmental programs into one program under the authority of a Certified Unified Program Agency. Colusa County Environmental Health was certified by the California Environmental Protection Agency as the Certified Unified Program Agency (CUPA) for Colusa County. The CUPA inspects businesses or facilities that handle or store hazardous materials; generate hazardous waste; and own or operate underground/above ground storage tanks.

The primary goal of the Colusa County CUPA program is to protect public health and the environment by promoting compliance with applicable laws and regulations.

All inspectors in the CUPA Program are trained Registered Environmental Health Specialists (REHSs) who take part in a continuous education program to ensure consistency and uniformity during inspections.

Please Note: All Forms listed below are in an Adobe Acrobat PDF format.

Hazardous Materials Business Plan Program (HMBP)

Hazardous Materials Business Plans contain basic information on the location, type, quantity, and health risks of hazardous materials stored, used, or disposed of in the state. Chapter 6.95 of the Health and Safety Code establishes minimum statewide standards for Hazardous Materials Business Plans (HMBPs). Each business shall prepare a HMBP if that business uses, handles, or stores a hazardous material (including hazardous waste) or an extremely hazardous material in disposable quantities greater than or equal to the following:

• 500 pounds of a solid substance
• 55 gallons of a liquid
• 200 cubic feet of compressed gas
• Extremely hazardous substances in threshold planning quantities

Forms and Documents
All Forms and Documents must be submitted electronically.

Hazardous Waste Management Program

If your business has been identified as a generator of hazardous waste and/or universal waste, you must follow certain Federal and State hazardous waste laws. The intent of these laws is to ensure that hazardous waste will be properly managed to protect public health and the environment.

You may review California Hazardous Waste Control Statutes and regulations by visiting the Department of Toxic Substances Control website.

Generator Class 
Different regulations apply to hazardous waste generators depending on the monthly volume of hazardous waste produced.

Conditionally Exempt Small Quantity Generators (CESQG) are those who generate less than 100 KG per month. Accumulation start date is when the first 100 Kg of waste has been accumulated. Waste may be stored on-site up to 180 days or up 270 days if the distance to the treatment or disposal facility is more than 200 miles.

Small Quantity Generators (SQG) are those who produce more than 100 Kg but less than 1000 Kg of waste or less than 1 Kg of acutely hazardous waste per month. Accumulation start date is the day 100 Kg of waste has been accumulated. Waste may be stored on-site up to 180 days or up 270 days if the distance to the treatment or disposal facility is more than 200 miles.

Large Quantity Generators (LQG) generators who produce more than 1000 Kg per month of all hazardous waste generated on-site. Accumulation start date is when the first waste is accumulated. There is a 90 day storage time limit.

Each generator class is subject to different regulations for employee training, training documentation and written contingency plans.

Underground Storage Tank Program (UST)

Colusa County Environmental Health regulates the construction, operation, repair and removal of underground storage tank (UST) systems.

Typically, USTs are used to store large amounts of hazardous materials such as gasoline, diesel, biodiesel, and waste oils. Underground storage of hazardous materials can be convenient, but also presents unique environmental and safety risks.

The purpose of the UST Program is to protect public health, the environment and groundwater from potential contamination or adverse effects associated with unintended releases from the underground storage of hazardous materials.

Permanent Closure Requirements for UST's with Single-Walled Components

Effective September 25, 2014, Senate Bill (SB) 445 (Stats. 2014, Ch. 547) changed the underground storage tank (UST) regulatory program regarding design and construction of USTs.  These changes are reflected in Health and Safety Code, chapter 6.7 (H&SC), section 25292.05.  Specifically, this change requires that on or before December 31, 2025, the owner or operator must permanently close a UST if it was designed and constructed before January 1, 1984 and does not meet the requirements of H&SC, section 25291(a)(1)-(6) or if it was designed and constructed before January 1, 1997 in accordance with H&SC, section 25291(a)(7).   More information can be found at: https://www.waterboards.ca.gov/ust/single_walled.html .

Replacing, Removing, or Upgrading Underground Storage Tanks (RUST) Program grants and loans are available to assist eligible small businesses with the costs necessary to remove, replace, or upgrade projects tanks.  More information on funding sources is available at: https://www.waterboards.ca.gov/water_issues/programs/ustcf/rust.html

Forms and Documents
All UST Forms and Documents must be submitted electronically.

Updated (October 1, 2018) State Water Resources Control Board Forms
Designated Underground Storage Tank Operator Identification Form (PDF)
Facility Employee Training Certificate (PDF)
Statement of Understanding and Compliance Form (PDF)

Permit Applications

All permit applications are to be submitted using our online portal, see the link below:

• UST Installation Application
• UST Closure Application
  

For more information: California UST Program Home Page - State Water Resources Control Board

Aboveground Petroleum Storage Tank Program

The Certified Unified Program Agencies (CUPA’s) have the responsibility and authority to implement the Aboveground Petroleum Storage Act (APSA). Tanks in Underground Areas (TIUGA) and now regulated under ASPA.

Facilities with a single tank or cumulative aboveground storage capacities of 1,320 gallons or greater of petroleum are covered by this law.

Exceptions to this rule include farms, nurseries, logging and construction sites if these businesses have a total storage capacity of less than 100,000 gallons or if the individual storage tanks are less than 20,000 gallons.

A submittal of a Tank Facility Statement to CERS is required, unless a compete HMBP has been submitted to CERS.  A compete HMBP includes the chemical inventory, site map, and emergency response and training plans.

While facilities may meet the petroleum storage volume threshold exceptions for preparing an SPCC plan the facility is still regulated under ASPA and must meet the following three conditions pertaining to the ASPA conditional exemption as describe HSC 25270.4.5(b).

1. Conduct a daily visual inspection of any storage tank storing petroleum. For purposes of this section, “daily” means every day that contents are added to or withdrawn from the tank, but no less than five days per week. The number of days may be reduced by the number of state or federal holidays that occur during the week if there is no addition to, or withdrawal from, the tank on the holiday. The CUPA may reduce the frequency of inspections to not less than once every three days at a tank facility that is exempt pursuant to this section if the tank facility is not staffed on a regular basis, provided that the inspection is performed every day the facility is staffed.
2. Allow the CUPA to conduct a periodic inspection of the tank facility.
3. If the CUPA determines installation of secondary containment is necessary for the protection of the waters of the state, install a secondary means of containment for each tank or group of tanks where the secondary containment will, at a minimum, contain the entire contents of the largest tank protected by the secondary containment plus precipitation.

Petroleum means crude oil or any fraction that is liquid at 60 degrees Fahrenheit at normal atmospheric pressure. This includes petroleum-based substances comprised of a complex blend of hydrocarbons, such as gasoline, diesel, jet fuels, residual fuel oils, biodiesel, lubricants, some petroleum solvents, and used oils. Petroleum does not include liquid propane gas (LPG).

If your facility meets the 1,320 gallon threshold and is not a exempted facility, the follow must be met: 

• Submit a Tank Facility Statement Form (Unless a Hazardous Materials Inventory statement has been Submitted to CCEH) 
• Prepare a Spill Prevention Control & Countermeasure (SPCC) Plan.
  • Facilities storing greater than or equal to 1,320 gallons but less than 10,000 gallons of oil, with limited or no oil releases, are considered "Qualified Facilities" under the federal SPCC rule Qualified Facilities can self-certify the SPCC plan.
    • Facilities with no tank greater than 5,000 gallons (Tier I Facilities) may use the EPA SPCC template.
    • Facilities with any individual tank greater than 5,000 gallons (Tier II Facilities) may self-certify using the OSFM SPCC template.
  • Facilities storing greater than 10,000 gallon must have a registered professional engineer review and certify the SPCC plan.
• Conduct periodic inspection to ensure compliance with Title 40 Code of Federal Regulations, Section 112 
• Immediate notification to the California Emergency Management and Colusa County Environmental Health upon discovery of a spill or release of 42 gallons or greater of petroleum.

Forms and Documents/Links

• Office of the State Fire Marshall
• SPCC Tier I Template
• SPCC Tier II Template
• Spill Prevention Control and Countermeasure (SPCC) Plan

California Accidental Release Prevention (CalARP) Program

The CalARP Program was established to prevent accidental releases of substances that pose the greatest risk of immediate harm, to the public and the environment.

A CalARP facility is a facility that handles, manufactures, uses, or stores any of the listed regulated substances found in tables 1-3 of the California Code of Regulations, Title 19 Division 2, Chapter 4.5 above threshold quantities. Some examples of regulated substances include:

• Ammonia
• Chlorine gas
• Hydrochloric acid
• Nitric acid
• Propane

Colusa County Environmental Health coordinates with facilities that handle extremely hazardous materials to evaluate the risks of covered processes and require appropriate Risk Management Programs (RMP) at these facilities.

Regulatory Authority

• State Law: Health & Safety Code, Chapter 6.95, Article 2, starting with Section 25531
• State Regulations: Title 19 of the California Code of Regulations, Chapter 4.5, starting with Section 2735.1
• Federal Law: Clean Air Act 112(r)
• Federal Regulations: Code of Federal Regulations 40

Additional Information about CalARP Requirements

• The California Office of Emergency Services (Cal OES) website. Cal OES is responsible for implementing state regulations. This web site contains Fact Sheets, copies of state Laws and Regulations and useful links.

Notices

The California Department of Toxic Substances Control (DTSC) is holding a public comment period from June 24 to July 24, 2020 on the draft cleanup plan for the former PG&E Colusa manufactured gas plant. Learn more about the project and review the draft document at: https://www.envirostor.dtsc.ca.gov/public/profile_report?global_id=06490001

El Departamento de Control de Sustancias Tóxicas de California (DTSC) estará llevando a cabo un período de comentarios públicos sobre el borrador de limpieza para la antigua planta de gas fabricado de Pacific Gas and Electric Company (PG&E) Colusa. Obtenga más información sobre el proyecto y revise el borrador del documento en: https://www.envirostor.dtsc.ca.gov/public/profile_report?global_id=06490001

FEES