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Toxics Management Division
Toxics Management Division

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 Information for Businesses -

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 UPA administers five state programs, including the issuance of permits and enforcement activities and bills for services. To see if your business falls under the scope of the CUPA regulation, please read the following. If there are any questions, please feel free to call (510) 981-7460 or email toxics@cityofberkeley.info.


1. Hazardous Materials Release Response Plan and Inventory (Hazardous Materials Business Plan) Program(Division 20, Chapter 6.95 of the California Health and Safety Code (including Hazardous Material Management Plan per Chapter 27 of the California Fire Code)

Any business that stores aggregate amounts of hazardous materials and hazardous waste over 55 gallons of liquids, 500 pounds of solids, or 200 cubic feet of aggregate is required to submit an electronic Hazardous Material Business Plan (HMBP) to the state of California Environmental Reporting System (http://cers.calepa.ca.gov/). Some highly toxic and volatile chemicals have a lower reporting threshold.

To learn more about the HMBP Program, click here.


2. Hazardous Waste Generator Program(Division 20, Chapter 6.5 of the California Health and Safety Code)

Any business that generates any 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 also must have a permit to do so before conducting this activity. Call (510) 981-7460 or email toxics@cityofberkeley.info to receive an application.

Small Quantity Generators (SQG) 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. 

To learn more about which Hazardous Waste category your business falls under, click here.


3. Underground Storage Tank (UST) Program(California Health and Safety Code, Chapter 6.7)

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 or 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.

To learn more about the UST Program, click here.


4. Above Ground Petroleum Storage Act (APSA) Program(California Health and Safety Code, Chapter 6.67)

Businesses that have above-ground petroleum storage (including biodiesel blends) in containers that are at least 55 gallons each with a combined total volume of 1,320 gallons should call (510) 981-7460 to ensure they are meeting APSA requirements.

To learn more about the APSA Program, click here.


5. California Accidental Release Prevention (CalARP) Program(Division 20, Chapter 6.95 of the California Health and Safety Code)

Businesses that handle large quantities of extremely hazardous substances or explosive materials should contact TMD at (510) 981-7460.

To learn more about the CalARP Program, click here.

The California EPA and The California Code of Regulations have more information.


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

Stormwater: All businesses are required to comply with best management practices to prevent the contamination of stormwater by pollutants. To learn more about the stormwater program, click here.

Subsurface Investigations (Wells, 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 (this form can also be found on the TMD Forms page).

Environmental Management Area: Many areas in the City of Berkeley are known or suspected to have groundwater contamination. These areas are known as Environmental Management Areas (EMA). For more information about the EMA, click here.

File Reviews: If you are a prospective business owner and would like to know more about a facility or site, you are required to 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
Website: http://www.dtsc.ca.gov/

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

Call 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
Website: http://caloes.ca.gov/

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


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 Aboveground Petroleum Storage Tanks -

As of January 1, 2008, the Certified Unified Program Agencies (CUPAs) have the responsibility and authority to implement and enforce the requirements of Chapter 6.67 of the California Health and Safety Code (the Aboveground Petroleum Storage Act (APSA)).

The APSA was enacted to protect the state's people and natural resources from aboveground petroleum storage tank spills. Facilities storing petroleum in aboveground tanks with a capacity greater than 1,320 gallons or the total capacity for the facility greater than 1,320 gallons are subject to the Act. Petroleum means any crude oil, or fraction thereof, which is liquid at 60 degrees Fahrenheit temperature and 14.7 pounds per square inch absolute pressure. This includes petroleum based substances comprised of a complex blend of hydrocarbons, such as gasoline, diesel, jet fuels, residual fuel oils, lubricants, some petroleum solvents and used oils. LPG would not be included.

Owners or operators of aboveground tanks subject to the Act are required to prepare and implement a Spill Prevention Control and Countermeasure (SPCC) Plan in accordance with U.S. Code of Federal Regulations, Title 40, Part 112 and conduct periodic inspections to assure compliance with 40CFR112. For more information on the APSA program, please see the Office of the State Fire Marshal's APSA webpage.


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 California Accidental Release Prevention (CalARP) Program -

The goal of the CalARP program is to reduce the likelihood and severity of consequences of extremely hazardous materials releases. Any business which handles Regulated Substances (including Federally listed Extremely Hazardous Substances and State listed Acutely Hazardous Materials above reportable thresholds) is required to prepare a Risk Management Plan. The Risk Management Plan describes current and best practices and releases, what the impact of releases may be, and what the business does or plans to do to prevent releases and minimize the impact of a release if one occurs.

Additional information about the CalARP program, including the regulations, is available at the State of California Office of Emergency Services website. Go to http://www.oes.ca.gov and navigate to the hazardous Materials page.


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 Hazardous Materials Business Plan (Hazardous Materials Reporting) -

Important Announcement: All regulated businesses are required
to submit their information electronically.

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 Hazardous Waste Generator -

The Toxics Management Division (TMD) ensures the safe and legal handling, storage, and disposal of hazardous waste.

Businesses that generate any quantity of hazardous waste are considered hazardous waste generators and subject to TMD oversight. Four basic criteria are used to identify hazardous wastes: hazardous waste lists and hazardous waste characteristics, according to the California Code of Regulations, material safety data sheets, and/or laboratory analysis. It is the generator’s responsibility to determine if a waste is a hazardous waste.

Hazardous wastes including obsolete or expired chemicals, waste oil, coolant, parts cleaner, photo developer, printing inks, dry cleaning solvent, paint and spray booth filters.

If your facility generates hazardous waste and meets the threshold requirements listed in the Hazardous Materials Business Plan (HMBP) program, you will need to complete an HMBP and include the hazardous waste on the inventory statement. For more information on the HMBP program, click here.

If your facility does not meet the threshold requirements listed in the HMBP program, but generate any amount of hazardous waste, you will need to complete a Hazardous Waste Generator Reporting packet.

To download a Hazardous Waste Generator Reporting Packet, click here.

Hazardous Waste Management

Businesses are required to store and manage hazardous waste properly. The Department of Toxic Substances Control website, http://www.dtsc.ca.gov (follow the Managing Hazardous Waste link), has a number of hazardous waste generator fact sheets that will help you comply with the regulations.

Hazardous Waste Treatment

Hazardous waste generating businesses which conduct onsite hazardous waste treatments authorized under Permit-By-Rule (PBR), Conditional Authorization (CA) and Conditional Exemption (CE) tiers, are required to complete and submit the following forms:

  • Onsite Hazardous Waste Treatment Notification – Facility
  • Onsite Hazardous Waste Treatment Notification – Unit
  • Certificate of Financial Assurance
  • Other Attachements as required.

Facilities which recycle more than 100 kilograms per month of a recyclable material under a claim that the material qualifies for an exclusion or exemption (per Health and Safety Code Section 25143.2) must complete and submit the Recyclable Materials Report to the TMD.

Cyanide Option: for more information on the new permit option for treatment of aqueous wastes containing cyanide, click here.


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 Industrial and Commercial Stormwater Inspection Program -

In 1987, Congress began to address urban run-off pollution by requiring municipal agencies to obtain National Pollutant Discharge Elimination System (NPDES) permits to manage stormwater runoff.  In Alameda County, a single NPDES permit is issued to the public agencies within Alameda County, which collaborate together with the Alameda Countywide Clean Water Program (ACCWP), a consortium of 17 member agencies, including the City of Berkeley.  Each agency within the ACCWP is responsible for enforcing the NPDES permit requirements within its respective jurisdiction.  The current NPDES permit can be found on the State Water Resources Control Board's website. 

The Toxics Management Division (TMD) is responsible for conducting stormwater inspections at commercial and industrial businesses to ensure compliance with the requirements of local stormwater ordinances that require businesses to:

  • Prevent the discharge of pollutants into the storm drain systems.
  • Eliminate, or significantly reduce outdoor pollutant sources that are likely to be washed into the storm drain system upon contact with rainfall.
TMD-Stormwater discharge

Common Pollutants

Automotive fluids such as antifreeze and engine oil are common pollutants of concern at facilities that are involved with auto repair. These pollutants may be intentionally or accidentally dumped or washed into the storm drain by careless or uninformed employees. Pollutants may also be washed into the storm drain system when rainwater comes into contact with outdoor spills, oily parts left outside, and other contaminated surfaces.

Best Management Practices

Best Management Practices are measures that eliminate, reduce, mitigate, or treat pollutant discharges and outdoor exposed pollutant sources. BMPs may be physical devices (structural BMPs) such as storm drain filters or a roof over a waste storage area, or they can be behavioral (non-structural BMPs) measures, such as initiating a policy of sweeping up debris outdoors on a daily basis. Some typical BMPs include:

  • Installation and maintenance of on-site storm drain protection such as approved storm drain filter inserts.
  • Keeping outdoor areas swept and clean.
  • Covering or tarping oily, dirty items that must be stored outdoors.
  • Moving hazardous materials indoors or placing it under permanent coverage with secondary containment.
  • Covering outdoor dumpsters.
  • Properly disposing of pressure washing discharges.
  • Cleaning spills prompty with dry methods (as opposed to hosing spills into a storm drain, which is prohibited).

All businesses within the City of Berkeley must incorporate best management practices to prevent pollution of stormwater or water resources in the Bay Area. More information on pollution prevention, including best management practices for specific activities can be found on the Alameda Countywide Clean Water Program website.

The discharge of pollutants to streets and stormdrains and/or creating a potential to pollute stormwater is a violation of local, State, and Federal clean water laws.  TMD inspects facilities regularly or upon response to a compliant to ensure compliance with all clean water regulations.

Related Links:


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 Underground Storage Tank Program -

The Toxics Management Division (TMD) regulates underground storage tanks (USTs) that contain hazardous substances in Berkeley. USTs are used to store large quantities of hazardous materials such as gasoline, diesel, and bio-diesel. TMD oversees regulatory compliance and construction permits for USTs.

Toxics- UST Install

Regulatory Compliance

TMD regulates USTs to ensure that hazardous substances are safely stored in USTs, and not released into soil and groundwater. UST operators are required to comply with Chapter 6.7 of Division 20 of the California Health and Safety Code, and Title 23 of the California Code or Regulations. TMD conducts annual compliance inspections at UST facilities to evaluate their compliance with these codes and regulations.

Operators of facilities with USTs are required to report annually through the California EPA's CERS website.

New forms must be submitted any time the information changes.

Reporting instructions can be found at https://cersbusiness2.calepa.ca.gov/Help.

Construction Permits

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.

Generally, a Toxics UST Permit Application is required for any work on a UST that is not just a like-for-like change-out. TMD must approve the UST Permit Application and fees must be collected before work may be initiated at the site. Inspections must be prearranged with TMD's Hazardous Materials Specialists to ensure the work is properly completed.

Permitting for Enhanced Vapor Recovery

The California Air Resources Board (CARB) has required all Gasoline Dispensing Facilities (GDFs) to install Phase II Enhanced Vapor Recovery (EVR) equipment by April 1, 2009. There are City of Berkeley permits required for these installations. The City of Berkeley's EVR Permitting page lists detailed requirements.


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Toxics Management Division - The Toxics Management Division (TMD) is the Certified Unified Program Agency and implements Chapter 6.11 of Div. 20 of Cal Health & State code and Title 15 of the Berkeley Municipal Code. Business owners should report to TMD if they generate any hazardous waste or store more than 55 gallons. 500 lbs or 200 CuFt of all chemicals. Report all chemical spills to TMD, City of Berkeley 911, and CAL OES 1-800-852-7550. [more...]

Home | Web Policy | Text-Only Site Map | Contact Us
Toxics Management Division, 1947 Center Street, 1st Floor, Berkeley, CA 94704
Questions or comments? Email: toxics@cityofberkeley.info Phone: (510) 981-7460
(510) 981-CITY/2489 or 311 from any landline in Berkeley
TTY: (510) 981-6903
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