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 email@example.com.
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 firstname.lastname@example.org 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
San Francisco Regional Water Quality Control Board
1515 Clay Street, Oakland, CA 94612
California Department of Public Health
Environmental Health Investigations: (510) 620-3620
Occupational Health: (510) 620-5757
Occupational Safety and Health, U.S. Government:
Call OSHA consulting in Bay Area
1515 Clay Street, Suite 1303, Oakland, CA 94612
Office of Emergency Services
For HAZMAT spill notifications, call the State Warning Center: 1-800-852-7550
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