| Hazardous Materials Business Plan (Hazardous Materials Reporting)
Important Announcement: All regulated businesses are required
to submit their information electronically.
State codes require all businesses to disclose the use, handling, or storage of hazardous materials, and/or waste. This information is essential to the City’s fire fighters, health officials, planners, elected officials, workers, and their representatives so that they can plan for and respond to potential exposures to hazardous materials. In addition, it provides information to the community on chemical use, storage, handling, and disposal.
Any business in the City of Berkeley which uses or stores aggregate quantities of hazardous materials (including hazardous wastes) equal to or greater than 55 gallons for liquids, 500 pounds for solids, or 200 cubic feet for compressed gas at standard temperature and pressure is required to submit a Hazardous Materials Business Plan (HMBP). A complete HMBP must be submitted for all new businesses that meet the disclosure requirements, or at the time it first begins to handle a hazardous material or waste that must be disclosed.
After the initial submission, the business must review and recertify the HMBP and/or Hazardous Materials Inventory by March 1 of every year. In addition, the HMBP must be amended within 30 days for any of the following:
- A 100% or greater increase in the quantity of a hazardous material provided on the inventory.
- Any handling of a previously undisclosed hazardous material that meets the disclosure thresholds.
- Change of business name, ownership or address.
Typical hazardous materials include photographic chemicals, motor oil, antifreeze, paint, solvent, carbon dioxide, oxygen, argon, propane and batteries. Hazardous materials contained solely in consumer products packaged for distribution to, and use by, the general public shall be exempt from reporting unless determined by the manager to pose health and safety concerns.
Hazardous Materials Business Plan Reporting Requirements
All regulated businesses are required to file and update required unified program information (previously submitted on paper forms) electronically via the California Electronic Reporting System (CERS), at http://cers.calepa.ca.gov/. For instructions on setting up a user account and submitting an HMBP in CERS, click here.
If you do not have access to a computer, computers are available at City libraries, or you may schedule an appointment with Toxic Management Division (TMD) staff at (510) 981-7460 to use our computer kiosk at our office located at 2118 Milvia Street, Suite 300, Berkeley, CA.
Failure to submit required documents by the due date will result in late fees as specified in the TMD Fee Schedule.
Decreased fees for storage of certain compressed gases
Businesses subject to HMBP discloure due to storage or use of gases that are classified as a hazard for the purposes of California Code of Regulations Title 8,Section 5194 only for hazards due to simple asphyxiation or the release of pressure in aggregate quantities <1,000 cubic feet (at standard temperature and pressure) are eligible for a decreased HMRRP fee of $210. To determine if your compressed gases meet the requirements, see the Cal/EPA Unified Program Policy for Hazard Classification - Gases Guidance. Please note that the City of Berkeley still requires reporting of these gases in accordance with the thresholds listed above.