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Hazardous Materials Program Inspections

Last modified: 11/13/2013 3:32 PM

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GEOGRAPHIC AREAS OF JURISDICTION

 

HMCD performs Hazardous Materials Business Plan (HMBP), hazardous materials compliance, toxic gas storage, and underground storage tank (UST) inspections in the following geographic areas: within the Cities of Los Altos Hills, Monte Sereno, and Saratoga; Moffett Field; San Martin; Stanford; and unincorporated areas of Santa Clara County.  HMCD is also responsible for HMBP and UST inspections in Los Altos Hills; and UST inspections in Palo Alto. In addition, HMCD handles County owned/operated facilities regardless of location, and State, Federal, and Santa Clara Valley Transportation Authority (VTA) facilities within the City of San Jose.

 HMCD performs Hazardous Waste Generator and Cal ARP compliance inspections in all areas of Santa Clara County other than in the cities of  Gilroy,  Santa Clara , and   Sunnyvale

 HMCD performs Hazardous Waste Tiered Permit compliance inspections in all areas of Santa Clara County other than in the cities of Gilroy, Mountain View  Santa Clara , and   Sunnyvale. 

Agency program responsibilities and contact information for other areas within Santa Clara County can be found by clicking here:

DOCUMENTS

(Alphabetical by Title)

 

Document Number

Title

Format

Description

 HMCD-082

California Accidental Release Prevention Program: Program 1 Violation Codes
Checklist used by HMCD inspectors to verify compliance with Cal-ARP Program 1  faselfcility requirements. A copy of this completed checklist is given to the facility contact along with the Official Notice of Inspection.

 HMCD-083

California Accidental Release Prevention Program: Program 2 Violation Codes
Checklist used by HMCD inspectors to verify compliance with Cal-ARP Program 2  facility requirements. A copy of this completed checklist is given to the facility contact along with the Official Notice of Inspection.

 HMCD-084

California Accidental Release Prevention Program: Program 3 Violation Codes
Checklist used by HMCD inspectors to verify compliance with Cal-ARP Program 3  facility requirements. A copy of this completed checklist is given to the facility contact along with the Official Notice of Inspection.

 HMCD-030

Hazardous Materials Storage Program Violation Codes: General Storage Provisions

Checklist used by HMCD inspectors to verify compliance with Health and Safety Code Chapter 6.95 Hazardous Materials Business Plan requirements and the Santa Clara County Hazardous Materials Storage Ordinance. A copy of this completed checklist is given to the facility contact along with the Official Notice of Inspection.
 

 HMCD-032

Hazardous Materials Storage Program Violation Codes: Toxic Gases

Checklist used by HMCD inspectors to verify compliance with the Santa Clara County Toxic Gas Storage Ordinance. A copy of this completed checklist is given to the facility contact along with the Official Notice of Inspection.

 

 HMCD-031

Hazardous Materials Storage Program Violation Codes: Underground Storage Tanks

Checklist used by HMCD inspectors to verify compliance with Health and Safety Code Chapter 6.7 and Title 23, California Code of Regulation requirements regarding USTs. A copy of this completed checklist is given to the facility contact along with the Official Notice of Inspection.
 

 HMCD-033

Hazardous Waste Generator Program Violation Codes

Checklist used by HMCD inspectors to verify compliance with Health and Safety Code Chapter 6.5 and Title 22, California Code of Regulation requirements regarding management of hazardous wastes. A copy of this completed checklist is given to the facility contact along with the Official Notice of Inspection.

 HMCD-068

Hazardous Waste Tiered Permit Violation Codes - Conditional Authorization
Checklist used by HMCD inspectors to verify compliance with Health and Safety Code Chapter 6.5 and Title 22, California Code of Regulation requirements regarding on-site treatment of hazardous wastes under the  Tiered Permit, Conditional Authorization (CA) tier. A copy of this completed checklist is given to the facility contact along with the Official Notice of Inspection.
 

HMCD-066

Hazardous Waste Tiered Permit Violation Codes: Conditional Exemption Small Quantity Treatment, Conditional Exemption Specified Wastestreams, and Conditional Exemption - Limited
Checklist used by HMCD inspectors to verify compliance with Health and Safety Code Chapter 6.5 and Title 22, California Code of Regulation requirements regarding on-site treatment of hazardous wastes under the Tiered Permit, Conditional Exemption Small Quantity Treatment (CESQT), Conditional Exemption Specified Wastestreams (CESW), and Conditional Exemption - Limited (CEL) tiers. A copy of this completed checklist is given to the facility contact along with the Official Notice of Inspection.

HMCD-069

Hazardous Waste Tiered Permit Violation Codes: Permit by Rule

Checklist used by HMCD inspectors to verify compliance with Health and Safety Code Chapter 6.5 and Title 22, California Code of Regulation requirements regarding on-site treatment of hazardous wastes under the  Tiered Permit, Permit by Rule (PBR) tier. A copy of this completed checklist is given to the facility contact along with the Official Notice of Inspection.


AUTHORITY TO INSPECT


 Hazardous Materials Storage Ordinance 

Sec. B11-4. Right of entry.

(a) The director has the right to enter upon any premises at all reasonable times to make inspections and tests as necessary to enforce the provisions of this division and state law.  This right of entry will be exercised only at reasonable hours unless otherwise required by an emergency, and entry will be made to any establishment or property only with the consent of the owner, manager, manager's representative, or tenant thereof, or with an inspection warrant or other remedy provided by law to secure entry.

Sec. B11-310. Inspections by the department.

The department may conduct inspections, at the director's discretion, for the purpose of ascertaining compliance with this chapter and causing to be corrected any conditions which would constitute any violation of this chapter or of any other statute, code, rule or regulation affecting the storage of hazardous materials.

Permittees are not required to disclose the identity of hazardous materials protected as trade secrets pursuant to section 25511 of California Health and Safety Code to anyone other than the official designated for that purpose pursuant to section 25511(d) of California Health and Safety Code, except in the case of an emergency response or an unauthorized discharge related to the storage facility in which the trade secret material is contained. The permittee may put temporary coverings over the labels of trade secret materials during the course of department inspections conducted by other than the department official so designated.

 Health and Safety Code Chapter 6.5 (Hazardous Waste Control Law) 

25185. (a) In order to carry out the purposes of this chapter, any authorized representative of the department or the local officer or agency authorized to enforce this chapter pursuant to subdivision (a) of Section 25180, may, at any reasonable hour of the day, or as authorized pursuant to Title 13 (commencing with Section 1822.50) of Part 3 of the Code of Civil Procedure, do any of the following:
(1) Enter and inspect a factory, plant, construction site, disposal site, transfer facility, or any establishment or any other place or environment where hazardous wastes are stored, handled, processed, disposed of, or being treated to recover resources.
(2) Carry out any sampling activities necessary to carry out this chapter, including obtaining samples from any individual or taking samples from the property of any person or from any vehicle in which any authorized representative of the department or the local officer or agency authorized to enforce this chapter pursuant to subdivision (a) of Section 25180 reasonably believes has transported or is transporting hazardous waste. However, upon request, split samples shall be given to the person from whom, or from whose property or vehicle, the samples were obtained.
(3) Stop and inspect any vehicle reasonably suspected of transporting hazardous wastes when accompanied by a uniformed peace officer in a clearly marked vehicle.
(4) Inspect and copy any records, reports, test results, or other information required to carry out this chapter.
(5) Photograph any waste, waste container, waste container label, vehicle, waste treatment process, waste disposal site, or condition constituting a violation of law found during an inspection.

25185.5. In order to carry out the purposes of Article 11 (commencing with Section 25220) (i.e. Hazardous Waste Disposal Land Use), any authorized representative of the department may, at any reasonable hour of the day, or as authorized pursuant to Title 13 (commencing with Section 1822.50) of Part 3 of the Code of Civil Procedure, enter and inspect any real property which is within 2,000 feet of a deposit of hazardous waste or a hazardous waste property and do any of the following:
(a) Obtain samples of the soil, vegetation, air, water, and biota on or beneath the land.
(b) Set up and maintain monitoring equipment for the purpose of assessing or measuring the actual or potential migration of hazardous wastes on, beneath, or toward the land.
(c) Survey and determine the topography and geology of the land.
(d) Photograph any equipment, sample, activity, or environmental condition described in subdivision (a), (b), or (c). The photographs shall be subject to the requirements of subdivision (d) of Section 25185.
(e) This section does not apply to any hazardous waste facility which is required to be permitted pursuant to this chapter and which is subject to inspection pursuant to Section 25185.
(f) An inspector who inspects pursuant to this section shall make a reasonable effort to inform the owner or his or her authorized representative of the inspection and shall provide split samples to the owner or representative upon request and shall comply with the provisions of subdivision (b) of Section 25185.

 Health and Safety Code Chapter 6.7 (Underground Storage Tanks) 

25289. (a) To carry out the purposes of this chapter or Chapter 6.75 (commencing with Section 25299.10), any duly authorized representative of the local agency, the regional board, or the board has the authority specified in Section 25185, with respect to any place where underground tank systems are located, or in which records relevant to operation of an underground tank system are kept, and in Section 25185.5, with respect to real property which is within 2,000 feet of any place where underground tank systems are located. The authority conferred by this subdivision includes the authority to conduct any monitoring or testing of an underground tank system.

(b) To carry out the purposes of this chapter or Chapter 6.75 (commencing with Section 25299.10), any authorized representative of the local agency, the regional board, or the board may require the owner or operator of an underground storage tank to, upon request, submit any information relevant to the compliance with this chapter or the regulations, to conduct monitoring or testing, and to report the results of that monitoring or testing under penalty of perjury. The burden of the monitoring, testing, and reporting, including costs, shall bear a reasonable relationship to the need for the monitoring, testing, and reporting.

 Health and Safety Code Chapter 6.95 (Hazardous Materials Business Plans) 

25508. (a) In order to carry out the purposes of this chapter, any employee or authorized representative of an administering agency has the authority specified in Section 25185, with respect to the premises of a handler, and in Section 25185.5, with respect to real property which is within 2,000 feet of the premises of a handler, except that this authority shall include inspections concerning hazardous material, in addition to hazardous waste.

Page updated on 12/29/2008