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HAZARDOUS MATERIALS |
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Contacts and Useful Information
Construction Permitting, Inspections and Fees
Hazardous Materials Fees
Forms & Guidelines
Local Codes and Regulations
Toxic Gases
Urban Runoff Program (Non-point Source)
Underground Tanks
Frequently Asked Questions Due to leaking underground tanks in the adjoining City of San Jose during the early 1980s, the City of Milpitas in cooperation with the County of Santa Clara, the Santa Clara County Fire Chief's Association, representatives from the business community, environmental groups and other
environmental regulatory agencies developed the Hazardous Materials Storage Ordinance. In 1983, the City of Milpitas adopted its own Hazardous Materials Storage Ordinance for regulating hazardous materials in both aboveground and underground applications. The reporting requirements
incorporated in the storage ordinance was intended to quickly provide information to emergency responders. To ensure that the Fire Department received this information, the Hazardous Materials and Environmental Services Unit was incorporated into the Fire Department's Bureau of Fire
Prevention.
In the late 1980s, the City of Milpitas cooperated with the County of Santa Clara and other cities within the County in developing a model Toxic Gas Ordinance which regulated the handling, dispensing and potential release of toxic gases. In 1990, the City of Milpitas adopted its own Toxic
Gas Ordinance. The Hazardous Materials and Environmental Services Unit was charged with the duty of enforcing the requirements of this ordinance.
In 1995, the requirements contained within the Hazardous Materials Storage and Toxic Gas Ordinances were incorporated into the State's Uniform Fire Code and adopted by the Milpitas City Council as the Milpitas Fire Code.
The Hazardous Materials and Environmental Services Unit administers the following activities and is currently staffed by one Hazardous Materials Program Manager and three full time Hazardous Materials Inspectors.
- Review and approval of Hazardous Materials Business Plans (HMBPs) and Inventories;
- Annual inspection and permit issuance for:
- Aboveground Tanks under State Health and Safety Code (Chapter 6.67)
- Hazardous Materials Storage under Milpitas Municipal Code (Title V, Chapter 300)
- Non-point Source under Milpitas Municipal Code (Chapter 16)
- Underground Tanks under State Health and Safety Code (Chapter 6.7)
- Plan review and permit issuance for new construction, tenant improvements, and installation and closure of hazardous material processes;
- Investigation for cause and origin of hazardous material releases;
- Training of emergency response personnel and the business community; and,
- Processing of public information requests involving hazardous materials under the Freedom of Information Act
The Hazardous Materials and Environmental Services Unit is cost recovery for these aspects of the program providing service to the business community. Fees are based upon the actual time required for permit application review and inspections.
At the time of its creation in 1983, the Fire Department's Hazardous Materials and Environmental Services Unit's primary responsibility was to enforce the requirements of the Hazardous Materials Storage Ordinance and to provide training to the Fire Department's personnel on the hazards
associated with the chemicals used throughout the City. Today, the Hazardous Materials and Environmental Services Unit provides a comprehensive environmental regulatory compliance inspection service. The Unit's responsibilities include permit issuance, inspection and enforcement for
compliance with the California Fire Code (with amendments contained in the Milpitas Municipal Code Title V-Chapter 300) and State Health and Safety Code (Chapters 6.67, 6.7 and 6.95)
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Contacts and Useful Information |
Milpitas Fire Department
Hazardous Materials and Environmental Services Unit
Milpitas Fire Department
455 E. Calaveras Blvd.
Milpitas, CA 95035
(408) 586-3365
(408) 586-3378 (fax)
To report an emergency; on-going dumping of hazardous materials; or an accident involving hazardous materials call 9-1-1.
Other Hazardous Material Resources
AIR QUALITY
Bay Area Air Quality Management District (BAAQMD)
939 Ellis Street
San Franciso, CA 94109
(415) 771-6000
California Air Resource Board
P.O. Box 2815
Sacramento, CA 95812
(916) 322-2990
HAZARDOUS MATERIALS
California Office of Emergency Services
P.O. Box 419047
Rancho Cordova, CA 95741-9047
(916) 262-1816
HAZARDOUS WASTE
California Environmental Protection Agency (Cal-EPA)/California Department of Toxic Substances Control (DTSC)
400 P Street
P.O. Box 806
Sacramento, CA 95812
(916) 322-0504
Santa Clara County Department of Environmental Health Department, Hazardous Materials Program
1555 Berger Dr.
San Jose, CA 95112-2716
(408) 918-3400
United States Environmental Protection Agency (EPA) -
Region IX (California Nevada, Arizona, Hawaii and Guam)
75 Hawthorne Street
San Franciso, CA 94103
(415) 744-1702
OCCUPATIONAL SAFETY AND HEALTH
California Division of Occupational Safety and Health (Cal-OSHA)
45 Fremont Street, Suite 1260
San Francisco, CA 94105
(415) 972-8500
WATER QUALITY
California Water Resources Control Board
901 P Street
Sacramento, CA 95814
(916) 657-2390
Regional Water Quality Control Board - Region II
2101 Webster Street, #500
Oakland, CA 94612
(510) 286-1255
San Jose/Santa Clara Water Pollution Control Plant
700 Los Esteros Road,
San Jose, CA 951
(408) 945-5300
Santa Clara Valley Water District
5750 Almaden Expressway
San Jose, CA 95118
(408) 265-2600
NON-POINT SOURCE
Milpitas Utilities Engineering Department
455 E. Calaveras Boulevard
Milpitas, CA 95035
(408) 586-3345
Santa Clara Valley Non-point Source Pollution Control Program
5750 Almaden Expressway
San Jose, CA 95118
1 (800) 794-2482
Santa Clara County Pollution Prevention Program
1735 North First Street, Suite 275
San Jose, CA 95112
(408) 441-1195
OTHER RESOURCES
Santa Clara Valley Permit Assistance Center
1830 Bering Drive, Suite 15
San Jose, CA 95112
70 W. Hedding Street, East Wing, 6th Floor
San Jose, CA 95110
(Center site)
(CalGOLD site)
Peter Frey, Director
CalEPA, Santa Clara Valley Permit Assistance Center
(408) 277-1477
- Fax (408) 277-1484
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Construction Permitting, Inspections and Fees |
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Plan Submittal Process:
If your project involves hazardous materials and/or hazardous waste, approval from the Fire Department, and permit issuance is required prior to beginning work. Construction, demolition or removal plans may be submitted to the Hazardous Materials and Environmental Services Unit via the following methods:
Submission directly to the Fire Department for a Fire Department Permit
Construction, demolition or removal projects that do not require Building Department review and/or approval should be submitted directly to the Fire Department at 455 E. Calaveras Blvd., Milpitas, CA 95035.
To submit plans directly to the Fire Department, complete the Milpitas Fire Department Project Transmittal Sheet, available at the above address, showing receipt of payment by the Milpitas Finance Department, for the appropriate amount specified on the project transmittal sheet and submit it along with two complete sets of plans.
Submission to the Building Department for a joint Building and Fire Department Permit
Construction, demolition or removal projects requiring Building Department review and/or approval should be submitted to the Building Department located at City Hall at 455 E. Calaveras Blvd., Milpitas, CA 95035.
Plans submitted to the Building Department must be accompanied by the following completed documents:
- Building Permit Application,
- Bay Area Air Quality Management District & Hazardous Material/Waste Disclosure form,
- Sewer Needs Inquiry form, and
- Milpitas Fire Department Transmittal Sheet for Building Permits Requiring Fire Department Review
Along with the above items, applicants for tenant improvement projects must also complete a Tenant Improvement worksheet.
Plan Submittal Guidelines:
Please review our list of Forms and Guidelines to determine whether any of these forms may be used to assist in the preparation of your plans. Following the guidelines and providing the necessary information at the time of plan submission will assist in the processing and review of your plans in a timely manner and may increase the probability of receiving an approval at the first submission.
In order to process your application as efficiently as possible, the information listed below, at a minimum, must accompany your submittal. Failure to include this information with your application may extend the plan review time and the time required to obtain a permit or approval.
Application Submittal Checklist
- Hazardous Materials Inventory Statement for the room or locations associated with the project, and the Fire Code classification for the chemicals. Note: simply providing Materials Safety Data Sheets (MSDS) is not sufficient. It is the responsibility of the applicant to classify all chemicals, including mixtures, used in the project. You may use the County-wide uniform document (UN-035) to provide this information.
- Drawings at a legible scale, to show the location, within the building, all process equipment handling hazardous materials, and details on the location of equipment, ducting, piping, etc.
- Process flow diagram with a description of each process.
Specifications on equipment for handling, storing and/or processing hazardous materials, to include:
- Size, material of construction, secondary containment information, if applicable, chemical resistant/compatible charts for:
- tank(s)
- supply and waste piping systems
- product conveying ducting systems
- Information on safety control systems: high level sensors, temperature control shutoffs, excess flow control, reduced flow control, etc., if present.
- If a treatment system is involved (scrubbers, neutralization systems, waste treatment systems), provide performance data from the manufacturer or other approved professional engineer to confirm the system meets or exceeds regulatory requirements.
- Information to document how piping, tanks, atmospheres, etc., are to be monitored, including type and frequency of monitoring (continuous, daily visual), location of monitoring probes, and equipment specifications, if applicable.
- Labeling for tanks, cabinets, piping, storage areas, etc.
- Chemical resistant information for coatings, if used.
- If equipment, processes, ducting or piping is to be connected to an existing system, provide the fit up details, to include the above items, as applicable.
- Size and volume of primary and secondary containment structures (tanks and piping). Include calculations & sprinkler fire flow, if applicable.
- Treatment systems for each process (scrubbers, burn boxes, neutralization systems, etc.)
If the installation requires a permit or approval from the Bay Area Air Quality Management District, or Regional Water Quality Control submit copies of the permit or permit application with your plans.
Design submittal shall be stamped by a professional engineer, and when required by the Fire Department, the professional engineer of record shall submit a letter stating the process or equipment has been inspected by the engineer and found to be installed in accordance with the approved plans and specifications.
Inspections
Requests for construction inspections can be placed via the Fire Department’s inspection request line at (408) 586-3380.
Inspection requests received after 3:00 p.m. will be automatically scheduled for the next work day. Calls received on the weekend will be scheduled for Tuesday afternoon. When scheduling an inspection, please provide the following information:
- Job address
- Type of inspection
- On-site contact person’s name
- Contact phone number or pager
- Permit number
Inspections are conducted on Monday, Wednesday and Friday mornings from 8:00 a.m. to 12:00 p.m. and on Tuesday and Thursday afternoons from 1:00 p.m. to 5:00 p.m. Inspectors will call during the hour of 7:00 a.m. to 8:00 a.m. the morning of the inspection to arrange a specific time and meeting location.
To cancel an inspection, call (408) 586-3380 before 8:00 a.m. the morning of the inspection. You will be charged for one hour of inspection time if you fail to cancel.
Permit Service Fee
Your application fees must be paid at the time of plan submittal. Fees shall not be refunded upon failure of an applicant to receive a permit. There shall be no reduction in fees where there is a requirement for more than one permit, except as provided by the Fee Resolution #7352 as amended by the Milpitas Municipal Code Title IV Chapter 3, as adopted by the Milpitas City Council. Additional charges are payable upon presentation of the invoice. No permit shall be finaled nor approval for use shall be granted without payment of all fees.
Plan Reviews: All construction permits shall be charged a standard fee set fourth in the Fire Department’s fee schedule. The Fire Department is unable to accept plans without a receipt of payment from the Milpitas Finance Department. This fee covers standard plan review and inspection. There shall be no reduction in fees where there is a requirement for more than one permit
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Hazardous Materials Fees |
| Annual Hazardous Materials Permits:
A Fire Code Permit required by Article 1 of the Milpitas Fire Code shall be charged a standard fee set forth in the Fire Department’s fee schedule. This fee covers permit processing time, and facility inspections as set forth in the Fire Department’s fee schedule. When additional inspections are required, all additional time shall be paid at the standard hourly rate ($104.00). The Fire Code Permit shall be renewed annually. (For the purpose of consolidating related activities, permits and inspections associated with the Urban Runoff program are included in the annual Milpitas Fire Code permit activities.)
Fees are payable upon presentation of the invoice. Fees shall not be refunded upon failure of an applicant to receive a permit. There shall be no reduction in fees where there is a requirement for more than one permit, except as provided by the Fee Resolution #7352 as amended by the Milpitas Municipal Code Title IV Chapter 3, as adopted by the Milpitas City Council. Failure to pay for any fee imposed within the time period specified shall cause the amount of the invoice to be subject to a late fee (double the standard permit fee).
Plan Reviews - Construction Permits:
All construction permits shall be charged a standard fee set fourth in the Fire Department’s fee schedule. The Fire Department is unable to accept plans without a receipt of payment from the Milpitas Finance Department. This fee covers plan review and inspection time as set forth in the Fire Department’s fee schedule. There shall be no reduction in fees where there is a requirement for more than one permit
Additional time will be invoiced at the standard hourly rate ($104.00). Determination of inspection and plan review time shall be based on the sum of the actual time of all activities required to complete the inspection or plan review, including travel time.
After-hours & Call-back Inspection and Plan Reviews:
“After-hour” inspections shall mean a task, requested by the client, to be performed before 7 a.m. and after 5:30 p.m. Monday through Friday. “Call-back” shall mean that the City employee is required to work after completing the scheduled shift and departing from the place of employment Monday through Friday, on weekends or on holidays.
After hour and call back plan reviews and/or inspections are charged per the fees specified in the Fire Department’s fee schedule.
Fee Schedule
(The Fee Schedule is in PDF format, which may be downloaded for free.)
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Forms & Guidelines
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The Milpitas Fire Department in cooperation with the representatives of the Santa Clara County Environmental Health Department's Hazardous Materials Compliance Division and the Santa Clara County Fire Chiefs Association have developed uniform forms and guidance documents to assist in the
preparation and submission of information and plans. These guidelines may also provide clarification on the application of code requirements in the storage, handling and disposal of hazardous materials. Unless prior arrangements have been made with the Fire Department, the use of these
forms is the preferred format for reporting purposes.
- County-wide Uniform Forms and Guidelines
- City Forms and Guidelines
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Acutely Hazardous Materials Disclosure Form |
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Guidelines for Installation of Aboveground Fuel Tanks for Emergency and Standby Power Systems Located Outside of Buildings |
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Hazardous Material and Waste Exemption Declaration |
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Hazardous Material Permit Amounts |
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Hazardous Material Requirements for Construction Permit Applications |
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Milpitas Fire Code (Uniform Fire Code Amendments) |
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Local Codes and Regulations
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The Hazardous Materials and Environmental Services Unit enforces portions of the following regulatory codes:
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Toxic Gases
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In 1990, the City of Milpitas adopted the Toxic Gas Ordinance (Milpitas Municipal Code, Title V-Chapter 300). The intent of the Toxic Gas Ordinance was to protect the public from acute exposure due to accidental releases of toxic gases and to
supplement the Hazardous Materials Storage Ordinance by identifying and requiring safety controls for toxic gases. Through amendments to the 2001 California Fire Code, the Milpitas Fire Code now provides the controls previously found in the Toxic Gas Ordinance. Although the Toxic Gas
Ordinance and the California Fire Code classify gases differently, both codes regulate primarily the same materials and have similar controls.
To assist industry in understanding the toxic gas requirements, the City of Milpitas in cooperation with the County of Santa Clara and the Santa Clara Fire Chiefs Association developed guidelines for the safe storage, use and handling of toxic gases. These documents are available on the
Unidocs website.
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Urban Runoff Program (Non-point Source)
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Program Background:
The Environmental Protection Agency (E.P.A.) has determined that discharges other than rain water runoff to receiving waters is a threat to the environment, and has amended the Federal Clean Water Act to reduce the amount of pollutants from reaching these waterways. The Federal regulations
have mandated requirements on municipalities for storm water discharges. The City of Milpitas, together with thirteen valley cities and the Santa Clara Valley Water District, formed the Santa Clara Valley Non-point Source Pollution Control Program to fight storm drain pollution. In July of
1990, the Regional Water Quality Control Board , San Francisco Bay region, mandated that Milpitas and surrounding communities, remove, as much as practical, the amount of pollutants entering the City's storm water drainage system. In the Santa Clara Valley, storm drains flow directly to
local creeks and the San Francisco Bay, with no treatment. Storm water pollution is a serious problem for wildlife dependent on our water ways and for the people who live near polluted streams or bay lands. Some common sources of this pollution include:
- spilled oil,
- fuel, and fluids from vehicles and heavy equipment,
- construction debris,
- landscaping runoff containing pesticides or herbicides, and
- material such as used motor oil, antifreeze and paint products that people pour or spill onto the street or into the storm drain
The Milpitas Fire Department's Hazardous Materials and Environmental Services Unit is responsible for enforcing the Non-point Source Discharge Program requirements for discharges into the storm drains. Compliance is achieved through conducting annual hazardous material inspections of
permitted facilities and referral investigations. Referral investigations include a site visit, investigation to determine what occurred, initiating cleanup if necessary and possible, educating the responsible party, and pursuing any enforcement action if required. Inspections include
enforcement of local and state environmental laws prohibiting illegal discharge of regulated materials, as well as the Performance Standards developed by the Santa Clara Valley Nonpoint Source Pollution Control Program.
The Santa Clara Valley Non-Point Source Pollution Control Program has developed a "Santa Clara Valley NPS Industrial Storm Water Handbook to assist Industrial facilities in understanding and complying with this fairly new but encompassing regulation. In addition, the Hazardous Materials
and Environmental Services Unit, the Engineering Utility Department and the Bay Area Storm Water Management Agencies Association have developed Best Management Practices (BMPs) and guidelines for preventing storm water pollution from reaching and impacting our water ways and bay area
ecosystem.
Publications:
The following documents, BMPs and guidelines are currently available for free.
General:
BMPs for Industrial Storm Water Pollution Control
The Bay begins at your front door.
Auto Dismantling and Vehicle Service Facilities:
Auto Dismantlers: Best Management Practices
BMPs for Automotive-Related Industries
Body Work
Changing Oil and Other Fluids: Vehicle Shop Practices for a Cleaner Bay
Engine & Parts Cleaning & Radiator Flushing
Keeping it all in tune: Car repair and pollution prevention
Keeping a Clean Shop
Washing Cars and Other Vehicles
Your Shop Can Make a Difference: What vehicle service shops can do to protect water quality in the Bay and Delta
Machine Shops:
BMPs for Machine Shops
BMPs for the Construction Industry:
Blueprint fron a Clean Bay: BMPs to Prevent Stormwater Pollution from Construction-Related Activities
Fresh Concrete and Mortar Application
General Construction and Site Supervision
Home Repair and Remodeling
Landscaping, Gardening, and Maintenance
Painting and Application of Solvents and Adhesives
Roadwork and Paving
Copies of these documents, BMPs and guidelines are available at the Milpitas City Hall at 455 E. Calaveras Boulevard, Milpitas, CA. If you would like information on these documents, please contact the Hazardous Materials and Environmental Services Unit at (408) 586-3365 or the Engineering
Utility Department at (408) 586-3345.
To report suspicious discharges into the storm drain, please call the Hazardous Materials and Environmental Services Unit at (408) 586-3365 or the Engineering Utility Department at (408) 586-3345. To report an on-going disposal or dumping of hazardous material into the storm drain, call
9-1-1.
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Underground Tanks
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The Milpitas Fire Department regulates the underground storage of hazardous material within the City. The requirements for the safe storage of hazardous material in underground tanks are specified in the California Underground Storage Tank Regulations and Articles 52, 79 and 80 of the
California and Milpitas Fire Codes. Due to leaking underground tanks in the adjoining City of San Jose during the early 1980s, the City of Milpitas in cooperation with the County of Santa Clara, the Santa Clara County Fire Chiefs' Association, representatives from the business community,
environmental groups and other environmental regulatory agencies developed the Hazardous Materials Storage Ordinance.
In 1983, the City of Milpitas adopted its own Hazardous Materials Storage Ordinance for regulating hazardous materials in both aboveground and underground applications. Modeled after the Model Hazardous Materials Storage Ordinance developed in Santa Clara County. In 1983, the State
created the State Underground Storage Tank Regulations in 1984.
The Hazardous Materials and Environmental Services Unit administers the underground storage tank program within the City.
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Frequently Asked Questions |
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I am performing an Environmental Property Assessment. How can I review the Fire Department's files for compliance information? |
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All requests to review Fire Department records must be received in writing and must identify a specific address for which you wish to
review. Due to limited space, appointments must be scheduled to review the Fire Department files.
File review requests may be submitted to the Fire Prevention Clerk at the following address:
Milpitas Fire Department
455 E. Calaveras Blvd.
Milpitas, CA 95035
Fax: (408) 586-3378 |
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How can I obtain a blank Hazardous Materials Business Plan? |
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The Milpitas Fire Department in cooperation with the Santa Clara County and the Santa Clara County Fire Chief's Association has developed a uniform Hazardous Materials Business Plan (HMBP) form.
Electronic versions of this form are available for download at the
Unidocs website "Unidocs," a web site
sponsored by the County of Santa Clara Environmental Health Department and the Santa Clara County Fire Chiefs Association consists of copies of available County-wide uniform
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My company will be opening a facility in Milpitas. What is the procedure my company should follow? |
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When filing for a City of Milpitas Business License, you will be required to complete a Milpitas Fire Department Fire Permit Application. If you indicate that your company uses or stores hazardous materials, a Fire Code permit for Hazardous Materials will be issued to your company.
If you plan on modifying building structures, approval must be obtained from the Building Inspection Division prior to performing any modifications. Depending upon the quantity and
how hazardous materials are used and stored, approval from the Hazardous Materials and Environmental Services Unit may be required. To increase the opportunity for the plans to
be approved with minimal revisions, it is best if you contract with an architect or contractor who has experience in hazardous materials operations particularly if your project
involves structural changes to the building, due to the quantity of hazardous materials in storage or in use, or the installation of process equipment.
Please reference the Construction Permitting, Inspections and Fees page for further information.
As a service to the business community, the Fire Department provides free pre-submittal consultations. Although the Fire Department will not design a
storage system or process, the Fire Department will attempt to assist you as much as possible to make the plan submittal process a painless, uncomplicated and confusion free
process as possible. |
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I am a home owner and have, over the years, accumulated waste material such as waste oil, paints, swimming pool chemicals, and drain cleaners. How can I dispose of this material? |
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The City of Milpitas and the County of Santa Clara operate periodic household hazardous waste drop off points. In addition to the recyclable wastes, the mobile household hazardous waste program
accepts all types of hazardous wastes, such as oil based paints and pool and garden chemicals. There is no charge for the use of this program and it is easy to use. To schedule a
time to drop off your wastes at one of these programs, call the Santa Clara County Household hazardous waste appointment line at (408) 299-7300.
There are over 75 retail locations throughout the County that accept used motor oil for free. For the nearest waste oil recycling location, call the Santa Clara County's Recycling
Hot Line at 1 (800) 533-8414.
For additional information on the household hazardous waste program, please contact the Milpitas Fire Department at (408) 586-3365 or the Santa Clara
County's household hazardous waste program at (408) 299-7300 of the City of Milpitas Solid Waste Administration at (408) 586-2677. |
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What is Non-point Source Pollution? |
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Non-point source pollution includes materials and chemicals which are washed into the storm drain system from a variety of sources. Unlike water pollutants that come from a single point source such as factories or sewage treatment plant, non-point source pollutants
are washed into the storm drain by rainwater and other means from streets, neighborhoods, farmlands, construction sites and parking lots. Because storm drains are separate from
our household sewer systems, these polluted waters flow directly into the Bay without treatment. |
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Am I required to complete a Hazardous Materials Business Plan? |
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All facilities which use or store hazardous materials in any quantity are required by local ordinance to report such use or storage to the Milpitas Fire Department. The amount of detail required to be reported depends on whether the facility is subject to State Hazardous Materials
Business Plan reporting requirements.
If you store or handle a hazardous material, not classified as a retail or consumer product, in an amount equal to or greater than any of the following specified quantities, you are
required to complete a Hazardous Materials Business Plan.
1.
500 pounds for a solid
2.
55 gallons for a liquid (Exception: 275 gallons aggregate quantity on-site or 55 gallons of each type
of lubricating oil as defined by H&SC 25503.5(b)(2)(B).)
3.
200 cubic feet for a gas (Exception: 1000 cubic feet each of oxygen or nitrous oxide stored or handled
at a physician, dentist, podiatrist, veterinarian, or pharmacist's place of business.)
4.
The specified amount of radioactive material requiring an emergency plan under Parts 30, 40, or 70 of
Title 10 Code of Federal Regulations or equal to or greater than applicable amounts specified in items 1, 2 or 3 above, whichever amount is smaller.
5.
The specified threshold quantity amount of a Cal-ARP regulated substance.
If you store or handle a hazardous material, not classified as a retail or consumer product, in an amount less than the following specified
quantities, you may complete a Hazardous Material/Waste Registration form.
A material qualifies as a retail or consumer product and is exempt from the HMBP reporting requirements if it is packaged for direct
distribution to, and use by the general public, and meets all of the following conditions.
1.
The material is not dispensed from containers at you site.
2.
The product is stored in retail display area as defined by the Fire Code.
3.
The storage containers are no larger than 5 gallons for liquids, 100 pounds for solids, and
4.
Handling of the material does not present an unacceptable risk to the public, health, safety or the
environment.
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Do I need a Hazardous Materials Business Plan or a Hazardous Material/Waste Registration Form? |
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If you store or handle a hazardous material, not classified as a retail or consumer product, in a quantity equal to or greater than any of the following specified quantities, you are required to complete a Hazardous Materials Business Plan.
1.
500 pounds for a solid
2.
55 gallons for a liquid (Exception: 275 gallons aggregate quantity on-site or 55 gallons of each type
of lubricating oil as defined by H&SC 25503.5(b)(2)(B).)
3.
200 cubic feet for a gas (Exception: 1000 cubic feet each of oxygen or nitrous oxide stored or handled
at a physician, dentist, podiatrist, veterinarian, or pharmacist's place of business.)
4.
The specified amount of radioactive material requiring an emergency plan under Parts 30, 40, or 70 of
Title 10 Code of Federal Regulations or equal to or greater than applicable amounts specified in items 1, 2 or 3 above, whichever amount is smaller.
5.
The specified threshold quantity amount of a Cal-ARP regulated substance.
If you store or handle a hazardous material, not classified as a retail or consumer product, in an amount less than the following specified
quantities, you may complete a Hazardous Material/Waste Registration form.
A material qualifies as a retail or consumer product and is exempt from the HMBP reporting requirements if it is packaged for direct
distribution to, and use by the general public, and meets all of the following conditions.
1.
The material is not dispensed from containers at your site.
2.
The product is stored in retail display areas as defined by the Fire Code.
3.
The storage containers are no larger than 5 gallons for liquids, 100 pounds for solids, and
4.
Handling of the material does not present an unacceptable risk to the public, health, safety or the
environment.
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Where do I submit my completed Hazardous Materials Business Plan or Hazardous Material/Waste Registration Form? |
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Completed Hazardous Materials Business Plans or Hazardous Materials/Waste Registration Forms may be submitted to the Milpitas Fire Department at the following address:
Hazardous Materials and Environmental Services Unit
Milpitas Fire Department
455 E. Calaveras Boulevard
Milpitas, CA 95035
Call (408) 586-3365 if you have any questions. |
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I plan to install a new piece of equipment in my facility. Do I need Fire Department approval? |
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Due to the complexity and differences of each installation, Fire Department approval is required on a case by case basis. You should contact your Hazardous Materials Inspector and discuss whether Fire Department approval will be required.
If you are unfamiliar with who your Hazardous Materials Inspector, you may speak with any Hazardous Materials Inspector with the Hazardous
Materials and Environmental Services Unit at (408) 586-3365. |
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