San Diego County Municipal Code § 68.904 Cers Reporting

(a) Any business, person, owner or operator that has a unified program facility as defined in Section 68.904.5 or is a medical waste generator required to have a permit pursuant to Section 68.1202, shall submit and shall keep up to date, through CERS, all of the following:

(1) The facility information and program elements as defined in section 68.904.5 required and medical waste regulated under Section 68.1201 which are required to be reported pursuant to Chapter 6.95 of the California Health and Safety Code.

(2) The waste generator shall provide information for each hazardous waste and medical waste generated at the facility. Wastes that are less than 55 gallons, 500 pounds, and for compressed gases less than 200 cubic feet, are required to be reported as inventory. At a minimum the following information shall be included: the common name of the waste, maximum amount in storage at any one time, annual waste amount, physical state of the waste, unit of measure, and if applicable, State waste code and hazard categories for hazardous waste.

(3) Where applicable, the additional locally required information specified in Section 68.1113 of this Code.

(b) Any business which handles hazardous material in quantities subject to the requirements of the Hazardous Materials Release Response Plans and Inventory Law shall certify that the business plan meets the requirements as specified in Division 20, Chapter 6.95 of the California Health and Safety Code.

(c) Pursuant to Chapter 6.95 of the California Health and Safety Code electronic updates are required within 30 days for reportable information affected by the following events:

(1) A 100 percent or more increase in the quantity of a previously disclosed hazardous material that is subject to the inventory reporting requirements in State law.

(2) Any handling of a previously undisclosed hazardous material that is subject to the inventory reporting requirements in State law.

(3) Change of business address.

(4) Change of business ownership.

(5) Change of business name.

(6) A substantial change (as defined in State law) in the handler's operations occurs that requires modification to any portion of the business plan.

(d) An application or submission to apply for a new Unified Program Facility permit must be made within 30 days of becoming a Unified Program Facility subject to any of the program elements defined in Section 68.904.5.

(e) Notification and submittal of unified program facility information and required program elements through CERS is the only submittal method that meets the requirements of State law and this code.

(f) Submissions, updates, and any required certifications in CERS may be made by the business, person, owner or operator of the Unified Program facility, an officially designated representative, or by the Department if a CERS application form is authorized by an officially designated representative.

Note: An additional hourly fee will be due under Section 65.107(m) if outdated information or unaccepted submittals in CERS results in increased costs to process a permit application or renewal.

(Amended by Ord. No. 7428 (N.S.), effective 2-4-88; amended by Ord. No. 8477 (N.S.), adopted 11-8-94, operative 1-1-95; amended by Ord. No. 9293 (N.S.), effective 1-12-01; amended by Ord. No. 10379 (N.S.), effective 4-17-15; amended by Ord. No. 10412 (N.S.), effective 2-26-16; amended by Ord. No. 10473, effective 7-1-17; amended by Ord. No. 10680 (N.S.), effective 9-4-20; amended by Ord. No. 10709 (N.S.), effective 1-15-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

The relevant definitions in Chapters 6.5, 6.67, 6.7, 6.11 and 6.95 of Division 20 of the California Health and Safety Code shall apply where the context makes those definitions applicable. In addition, the following definitions apply to Chapters 9, 10, 11, and 12 of this Division.

"Accepted" in reference to CERS, or "Accepted in CERS" means the CUPA has reviewed the submitted program elements and finds that the data /documents provided appear to meet the State and local reporting requirements. Accepted status does not imply that data has been validated by a field inspection or that the accuracy of the submission has been verified.

"CERS" and "California Environmental Reporting System" have the same meaning as "statewide information management system" as defined in the California Health and Safety Code, Section 25501.

"Certified Uniform Program Agency" or "CUPA" means the agency certified by the Secretary of the California Environmental Protection Agency to implement the unified program in the County of San Diego.

"Chapter 6.95" means Chapter 6.95 (commencing with Section 25500) of Division 20 of the California Health and Safety Code.

"Department" means the Department of Environmental Health and Quality.

"Director" means the Director of the Department of Environmental Health and Quality.

"Minimal Inventory Variation Low Risk Business Operations" are those businesses not subject to the Underground Storage Tank Program or the Aboveground Petroleum Storage Act and are limited to the following facilities: unmanned telecommunications sites; food and beverage facilities where compressed gases related to beverage carbonation is the primary hazardous material; dry cleaners; car washes with no auto repair or maintenance activities; facilities where a fuel tank associated with an emergency generator is the primary hazardous material; and facilities where propane associated with forklift operations is the primary hazardous material.

"Person" means "person" as defined in section 25118 of the California Health and Safety Code.

"Program elements" means the unified program elements specified in Health and Safety Code Section 25404(c), the administration of which have been consolidated under California State Law as the unified program. "Program element" refers to any of the program elements.

"Unified program facility" or "UPF" means all contiguous land and structures, other appurtenances and improvements on the land, which are subject to the requirements listed in Health and Safety Code, Division 20, Chapter 6.11, Section 25404(c).

"Unified program facility permit" or "UPFP" means the permit issued by the Department pursuant to Chapters 9, 10, and 11 of this Division. These permits implement unified program elements for hazardous materials and hazardous wastes. Permits excluded from the definition of "Unified Program Facility Permit" at Section 25404(a)(6) of the California Health and Safety Code (e.g., Fire Code and Building Code permits) are not unified program facility permits.

(Added by Ord. No. 10099 (N.S.), effective 1-7-11; amended by Ord. No. 10379 (N.S.), effective 4-17-15; amended by Ord. No. 10536 (N.S.), effective 7-1-18; amended by Ord. No. 10680 (N.S.), effective 9-4-20; amended by Ord. No. 10709 (N.S.), effective 1-15-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)