Information for Businesses

As a Certified Unified Program Agency (CUPA), the Toxics Management Division (TMD) regulates businesses that handle hazardous materials and hazardous wastes in Berkeley. This involves administering five state programs, including the issuance of permits and enforcement activities for these programs. 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.


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

Any business that generates hazardous waste or stores a chemical inventory of 55 gallons of aggregate liquids, 500 pounds of aggregate solids of hazardous materials, or 200 cubic feet of aggregate gases is required to submit a eletronic Hazardous Material Business Plan (HMBP).  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 offsite 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 before conducting this activity. Call (510) 981-7460 to receive an application.

Small Quantity Generators (SQG) may take hazardous waste to a household hazardous waste facility but must keep proof of disposal at the business office. 

 

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 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 pertaining to this.


In additional 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, Boring 

Businesses that want to install, destroy, or modify a monitoring well, take a soil boring deeper than 2 feet, or install a grab-groundwater sampling point should contact TMD at (510) 981-7460 for a permit. Download a Drilling Permit Application from here.

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).  Click here for more information about the EMA.

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 Tel: (510) 286-1255

Department of Health Services, State of California
Environmental Health Investigations, (510) 622-4500
Occupational Health, (510) 622-4300
Hotline: En Espanol and English, (510) 622-4332

Occupational Safety and Health, U.S. Government: (800) 356-4674

Call OSHA consulting in Bay Area
(415) 622-2916
Inspection in Oakland

Office of Emergency Services 
(510) 286-0895 / 286-0833      Website: www.preparenow.org   

Alameda County Household Hazardous Waste Disposal
This is a drop in service for low-quantity waste generators. 
Call to find out when the facility is open  -  (510) 670-6460