Hazardous Materials Reporting (Hazardous Materials Business Plan)

Important Announcement: All regulated businesses are required submit information electronically beginning January 1, 2013. 

State codes require all businesses to disclose the  use, handling, or storage of hazardous materials, and/or waste.  This information is essential to the City’s fire fighters, health officials, planners, elected officials, workers, and their representatives so that they can plan for and respond to potential exposures to hazardous materials.  In addition, it provides information to the community on chemical use, storage, handling, and disposal.

Any business in the City of Berkeley which uses or stores aggregate quantities of hazardous materials (including hazardous wastes) equal to or greater than 55 gallons for liquids, 500 pounds for solids, or 200 cubic feet for compressed gas at standard temperature and pressure is required to submit a Hazardous Materials Business Plan (HMBP).  A complete HMBP must be submitted for all new businesses that meet the disclosure requirements, or at the time it first begins to handle a hazardous material or waste that must be disclosed. 

After the initial submission, the business must review and recertify the HMBP and/or Hazardous Materials Inventory in March every year.  In addition, the HMBP must be amended within 30 days for any of the following:

Typical hazardous materials include photographic chemicals, motor oil, antifreeze, paint, solvent, carbon dioxide, oxygen, argon, propane and batteries.  Hazardous materials contained solely in consumer products packaged for distribution to, and use by, the general public shall be exempt from reporting unless determined by the manager to pose health and safety concerns.  

Please download the Hazardous Materials Business Plan Information and Instruction packet for specific details.

Hazardous Materials Business Plan Reporting Requirements

All regulated businesses are required to file and update required unified program information (previously submitted on paper forms) via the internet through an electronic reporting system, either the Toxics Management Division (TMD) online portal, at www.berkeleycupa.com, or the California Electronic Reporting System (CERS), at http://cers.calepa.ca.gov/.

To begin using the TMD online portal, complete the following steps:

Step 1: Please go to the following web address, http://www.berkeleycupa.com/ and click on the link that says "Click here to request a username/password".  The Berkeley CUPA Login Request Form will pop up in a new window (ensure that your pop-up blocker does not prevent it from opening).  Complete the required fields on the form and then click the Submit button.  Please allow TMD four (4) working days to email you your username and password.  Also ensure that you add berkeleycupa@ecompliance.net to your safe senders list.  

Step 2: Following receipt of your username and password, login with your username and password.  

Step 3: Follow the instructions to fill out and complete your HMBP.  

If you do not have access to a computer, there are computers available at the City libraries or you may schedule an appointment with TMD staff at (510) 981-7460 to use our computer kiosk at our office located at 2118 Milvia Street, Suite 300, Berkeley, CA. 

More information about using the online portal can be found in the Electronic Hazardous Materials Business Plan Online Portal Instructions.

Failure to submit required documents by the due date will result in late fees as specified in the Toxics Management Division's Fee Schedule

Decreased fees for storage of certain compressed gases

Businesses subject to HMBP discloure due to storage or use of gases that are classified as a hazard for the purposes of California Code of Regulations Title 8,Section 5194, only for hazards due to simple asphyxiation or the release of pressure, in aggregate quantities <1,000 cubic fee (at standard temperature and pressure) are eligible for a decreased HMRRP fee of $150.  To determine if your compressed gases meet the requirements, see the Cal/EPA Unified Program Policy for Hazard Classification - Gases Guidance.  Please note that the City of Berkeley still requires reporting of these gases in accordance with the thresholds listed above.