HAZARDOUS MATERIALS BUSINESS PLAN
CHAPTER 6.95 HEALTH AND SAFETY CODE, DIVISION 20
Chapter 6.95 of the Health and Safety Code establishes minimum statewide standards for Hazardous Materials Business Plans. Business Plans contain basic information on the location, type, quantity, and health risks of hazardous materials stored, used, or disposed of in the state. Each business shall prepare a Business Plan if that business uses, handles, or stores a hazardous material or an extremely hazardous material in quantities greater than or equal to the following:
- 500 pounds of a solid substance
- 55 gallons of a liquid
- 200 cubic feet of compressed gas
- Hazardous waste in any quantity
Also, if your business handles an extremely hazardous substance (EHS) as listed in Appendix A, Part 355, Title 40 of the Code of Federal Regulations equal to or greater than 500 pounds or the applicable federal threshold planning quantity (TPQ) it must be listed in your business plan.
List of Extremely Hazardous Substances (EHS)
The Hazardous Materials Division of the Department of Environmental Resources conducts routine inspections at businesses required to submit Business Plans. The purpose of these inspections is:
- To ensure compliance with existing laws and regulations concerning Business Plan requirements (Chapter 6.95).
- To identify existing safety hazards that could cause or contribute to an accidental spill or release.
- To suggest preventive measures designed to minimize the risk of a spill or release of hazardous materials.
A completed Business Activities form must be submitted for all new businesses. After the initial submission, the business will be reviewed to see if they qualify to submit a Hazardous Materials Business Plan. The Hazardous Materials Business Plan must be recertified yearly by filling out and submitting the Hazardous Materials Business Plan Certification Statement that is mailed out at the end of every year. A current copy of the Business Plan must be maintained at the site where the hazardous materials are stored. The Business Plan must also be amended within 30 days and submitted to this office for any of the following:
- Any increase in quantity of a hazardous material provided on the inventory.
- Any handling of a discloseable quantity of a previously undisclosed hazardous material.
- Any change in the storage, location or use of hazardous materials, which could affect an emergency response.
- Any change in business name, ownership, address, emergency contacts, or billing address.
- Modifications to the site map.
The Hazardous Materials Business Plan includes three sections:
- Inventory, Site Map and Owner/Operator Identification
- Emergency Response Plan
- Employee Training Description and Annual Refresher classes
The Business Plan forms contain the necessary information for the creation of a useful Business Plan for your facility. When completed, your Business Plan will become a valuable tool, aiding you and your employees to manage emergencies at your facility. The Business Plan will also serve to better prepare emergency response personnel for handling a wide range of emergencies that could occur at your facility.
Two versions of the Business Plan are included below, the Hazardous Materials Business Plan - short and complete form. The Short Form contains basic information required to be submitted, the complete form contains all the CUPA disclosure, UST, recycling, PBR, CA, CESW, etc. forms. If you need additional space you may include properly labeled attachments as necessary.
Guidelines on how to handle chemical spills in controlled settings. Also, as a reminder, All handlers of hazardous materials shall, upon discovery, immediately report any release or threatened release of a hazardous material by calling 911, this office at (209) 525–6749, and the Office of Emergency Services (OES) at (800) 852–7550 or (916) 262–1800. Guidelines on how to handle chemical spills in controlled settings [PDF].
Keep a copy of the Business Plan for your records. Provide the original, to the Stanislaus County Department of Environmental Resources, Hazardous Materials Division, 3800 Cornucopia Way, Suite C, Modesto, CA 95358. Should you require additional information, call (209) 525–6700 or contact a Disclosure Program Manager. |
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