Santa Clara County Municipal Code Art. 4 Hazardous Materials Disclosure

Each person subject to the requirements of this chapter must file a written plan, for approval by the Director, disclosing all hazardous materials regulated by this chapter which are stored or handled at that person's facility.

(Ord. No. NS-517.72, § 2, 4-15-03)

A hazardous materials business plan (HMBP) must be submitted by any facility subject to the requirements of Chapter 6.95 of Division 20 of the California Health and Safety Code, as amended (Health and Safety Code § 25500 et seq.). The HMBP must be submitted unless the facility qualifies as a minimal storage site under Section B11-302, below. The HMBP must include the following:

(a) Facility description.

(1) General facility description. The HMBP must contain a map drawn at a legible scale and in a format and detail determined by the Director. It must show the location of all buildings and structures, chemical loading areas, parking lots, internal roads, and storm and sewer drains, and specify the uses of adjacent properties.

(2) Facility storage map.

a. The HMBP must contain a facility storage map at a legible scale for licensing and enforcement purposes. The information in this section is provided for purposes of ensuring the suitable and secure storage of hazardous materials and for the protection of emergency response personnel. The Director must take reasonable precautions to ensure the confidentiality of the information provided pursuant to this subsection.

The storage map must indicate the location of each hazardous materials storage facility, including all interior, exterior and underground storage facilities, and access to such storage facilities. In addition, the map must indicate the location of emergency equipment related to each storage facility and the general purpose of the other areas within each facility.

For each storage facility, the map must contain information as prescribed below; except that where the hazardous material being stored is a trade secret, it may be identified in a coded manner (together with its key) and not in a manner which would reveal trade secret information:

(i) A floor plan to scale;

(ii) For tanks, the capacity limit of each tank, and the hazardous material contained in each tank by chemical name or common/trade name.

b. The storage map must be updated whenever an additional approval is required for the facility or whenever the hazardous materials inventory is required to be amended.

(b) Hazardous materials inventory. The HMBP must include the following inventory information regarding hazardous materials stored or handled in quantities below HMBP reporting thresholds:

(1) For nonwaste materials, aggregate reporting by primary DOT (Department of Transportation) hazard class, maximum quantity onsite, largest container size, and storage location(s);

(2) For materials regulated under Chapter XIV of this division, reporting by primary DOT hazard class, chemical or common name, maximum quantity onsite, largest container size, and storage location(s); and

(3) For each hazardous waste, reporting by primary DOT hazard class, waste name, treatment/disposal method(s) (i.e., recycled onsite, treated onsite, or shipped offsite for recycling/treatment/disposal), maximum quantity onsite, annual quantity generated, and accumulation/storage location(s).

(c) Monitoring program. The HMBP must contain a description of the location, type, and manufacturer specifications (if applicable), of monitoring methods to be used in each storage facility storing hazardous materials which are liquids or solids at STP. It must also specify the frequency of inspections of storage facilities which will be conducted by the permittee.

(d) Record keeping forms. The HMBP must contain an inspection check sheet or log designed to be used in conjunction with routine inspections. The check sheet or log must provide for the recording of the date of inspection; description of any recordable unauthorized discharge; the date, time and description of any corrective action taken; and the name of the inspector.

(e) Variation in information.

(1) Additional information may be required for the HMBP where such information is reasonably necessary to meet the intent of this chapter.

(2) Whenever the permittee has submitted a plan which includes substantially the same information as is required for any component(s) of the HMBP to any other public agency regulating hazardous materials, such plan may be submitted to the Department in lieu of such component(s). The Director may give deference to any approval of such plan by the other public agency.

(Ord. No. NS-517.72, § 2, 4-15-03)

(a) A facility may qualify as a minimal storage site if the quantity of each hazardous material stored in one or more storage facilities in an aggregate quantity for the facility is less than 500 pounds for solids, 55 gallons for liquids, or 200 cubic feet at STP for compressed gases, and the facility is not otherwise subject to the HMBP reporting requirements of Chapter 6.95 of Division 20 of the California Health and Safety Code, as amended (Health and Safety Code § 25500 et seq.).

(b) The applicant for a permit for a facility which qualifies as a minimal storage site may opt to file the hazardous materials/waste registration form in lieu of a HMBP. Such registration form must include the following components:

(1) General application information;

(2) A simple line drawing of the facility showing the location of all interior and exterior storage facilities;

(3) The following hazardous materials inventory information regarding hazardous materials stored or handled at the facility:

a. For nonwaste materials, aggregate reporting by primary DOT (Department of Transportation) hazard class, maximum quantity onsite, largest container size, and storage location(s); and

b. For materials regulated under Chapter XIV of this division, reporting by primary DOT hazard class, chemical or common name, maximum quantity onsite, and largest container size, and storage location(s); and

c. For each hazardous waste, reporting by primary DOT hazard class, waste name, treatment/disposal method(s) (i.e., recycled onsite, treated onsite, or shipped offsite for recycling/treatment/disposal), maximum quantity onsite, annual quantity generated, and accumulation/storage location(s).

(4) A written monitoring program demonstrating that the hazardous materials will be stored in a suitable manner and will be appropriately contained, separated and monitored;

(5) A signature by the facility owner/operator, with title and date, and a statement that the information submitted is true and correct to the best of their knowledge.

(Ord. No. NS-517.72, § 2, 4-15-03)