Santa Clara County
Hazardous Materials Compliance Division (HMCD)
Environmental Resources Agency

HMCD is responsible for several programs:

• Hazardous Waste Generator Program
• Risk Management and Prevention Program
• Hazardous Materials Storage Program

Summary of Hazardous Waste Generator Program Requirements:

These regulations concern the "cradle to grave" management of hazardous wastes (from the instant they are created to their ultimate disposal or destruction through recycling, treatment, or incineration, etc.).

Unlike federal hazardous waste exemptions for very small quantity generators, the state of California allows NO exemptions. Requirements apply to ALL generators.

Regulations: Santa Clara County Hazardous Materials Storage Ordinance; H&S, Div. 20, Ch. 6.5 (Hazardous Waste Control Act), 6.8; CCR, Title 22, Div. 4.5, Chap. 30 (Environmental Health Standards for the Management of Hazardous Wastes); 40 CFR, Parts 260-270 (Protection of Environment).

• Generator Permit - Obtain a permit from HMCD. Fees are based on the quantity of waste generated.
• State/EPA ID# - Obtain a permanent, provisional (one-time-only), or emergency ID number by calling Cal/EPA or federal EPA (see directory). You will be sent an application. No fee for businesses with less than 50 employees.
• Waste Analysis - Determine if waste generated is hazardous based on listing in regulations, results of state certified laboratory analysis, MSDS, or other personal knowledge of the waste stream and process. Maintain written records of all applicable information and reasoning.
• Storage - Use hazardous waste labels and resealable containers (keep covered). Label storage areas properly, segregate wastes by hazard type, provide secondary containment, and maintain adequate aisle space.
• Accumulation - Wastes may be stored on site for 90 days without a state storage permit. If you generate 100 kg (about 220 lbs or 27 gallons) or less per month, your 90 days start when you have accumulated the first 100kg. (Limits are 1kg, 2.2lbs, or 1 quart for extremely hazardous waste.)
• Transportation - Follow DOT shipping requirements (see Directory) and:
  • Use a Uniform Hazardous Waste Manifest. Obtain from your hauler or the Dept. of General Services. ("Milk-run" service providers may use a modified manifest system.) Keep copies of manifests/receipts. Note: There is a $12/manifest use fee, except for the first 4/year used by a business with less than 100 employees.
  • Use a registered hauler with a state hauler # and EPA ID# (Exception: generators of 100 kg or less per month may transport up to 5 gallons or 50 pounds themselves. Certain conditions apply.)
  • Use an authorized hazardous waste management facility with an EPA ID#. (Refer to Appendix F for guidance on choosing reliable services.)
• Employee Training -Provide hazardous waste handling and emergency response training. Maintain employee training records.
• Covers steps to follow in the event of a disaster, accident or chemical spill which involves the release of hazardous wastes. Designates emergency coordinators, equipment, and procedures.
• Weekly Monitoring - Monitor all hazardous waste storage areas weekly to identify problem areas and prevent future spills or emergencies.
• Waste Minimization - Create, maintain and update a waste minimization plan and implement feasible elements.
• Record Keeping - All records (waste analysis manifests, training, monitoring, etc.) must be maintained on site and available for inspection for 3 years.
• Inspection - Annual inspection of permitted generators is standard.
  

Summary of Risk Management and Prevention Requirements:

"Acutely hazardous materials" are classified as acutely toxic and are listed on the federal EPA's "List of Extremely Hazardous Substances." Acutely hazardous materials requirements are precautionary measures designed to prevent releases of these materials.

Regulations: H&S, Div. 20, Ch. 6.5, sec. 25531 et seq.; 40 CFR, Part 355, Appendix A (List of Extremely Hazardous Substances).

• Acutely Hazardous Materials (AHM) Registration - Required of all businesses which handle acutely hazardous materials in any quantity. Obtain registration form from HMCD. One-time fee.
• Risk Management & Prevention Program (RMPP) - Required of operations which HMCD determines present an "acutely hazardous materials accident risk." Includes administrative and operational steps designed to prevent such risks, and risk assessment of worst case release scenario.
• Inspection - RMPP facilities will be inspected at least once every 3 years.
  

Summary of Hazardous Materials Storage Requirements:

See description for Fire Department - Hazardous Materials Units

Resources Available From HMCD:

• Generator Information Packet/Permit Application
• Contingency Plan Packet for hazardous waste generators
• AHM registration form and list of acutely/extremely hazardous chemicals

Other Available Resources:

• Hazardous waste management training classes at various community colleges. Call HMCD for more information.
• Risk Management and Prevention Program (RMPP) guidelines, State Office of Emergency Services.
• Understanding the Small Quantity Generator Hazardous Waste Laws: A Handbook for Small Business, C-10, 8/86, US EPA Small Business Ombudsman, (800) 368-5888. (Federal regulations only. Industry-specific inserts.)
• Hazardous Materials & Waste Management Handbook, 6/92, San Bernadino County, Dept. of Environmental Health Services, (714) 387-3080. (Comprehensive coverage of compliance requirements and more.) Free!
• Hazardous Waste Management Guide, 1991-1992, Los Angeles Hazardous Waste Management Program Committee of the CA Safety Council, (714) 848-8030. (Well organized, easy to read.) Free!
• Hazardous Waste Management, 1994, CA Chamber of Commerce, 1-800-331-8877. (Comprehensive handbook of CA hazardous waste laws, 95 pages plus appendices - including laws and regulations.) $49