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.
The five CUPA programs are:
1. Hazardous Materials Release Response Plan and Inventory (Business Plan) Program (Division 20, Chapter 6.95 of the California Health and Safety Code – or Article 80 of the Uniform 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 Hazardous Material Business Plan (HMBP). Some highly toxic and volatile chemicals have a lower reporting threshold.
A copy of the HMBP packet can be received by calling TMD at (510) 981-7460, or by clicking the following link: Click here to download a Hazardous Materials Business Plan
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.
Additional TMD Responsibilities