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William G. Kelly
Fire Chief

Email: Fire
Telephone: 408-615-4900
Fax: 408-246-8652

OFFICE HOURS
Monday - Friday
8:00A - 12:00P, 1:00P - 5:00P

ADDRESS
Fire Station No. 1 / Administration
777 Benton Street
Santa Clara, CA 95050

Hazardous Materials Business Plans

Hazardous Materials Business Plan Forms

What is a Hazardous Materials Business Plan?
A HMBP is a document containing detailed information on the storage of hazardous materials at a facility. Chapter 6.95 of the California Health & Safety Code (H&SC) requires that facilities that use or store such materials at or above reporting thresholds (see below) submit this information.

What is the Purpose of the Hazardous Materials Business Plan?
The intent of the Business Plan is to satisfy federal and state Community Right-To-Know laws and provide detailed information for use by emergency responders. All persons at the facility who are qualified to serve as emergency coordinators must be thoroughly familiar with the contents and use of the HMBP, with the operations and activities of the facility, and with the locations of all hazardous materials records maintained by the facility.

The Hazardous Materials Business Plan forms shown at the top of this page have been developed to assist you in complying with the State and federal requirements and to provide the fire department adequate information about the type, quantity of - and management practices regarding - hazardous materials that are stored at your facility. Along with applicable modules and appendices, it is intended to additionally satisfy some or all of the reporting requirements for the following programs: Underground Storage Tank; Hazardous Waste Generator Registration; Hazardous Waste Contingency Plan; Hazardous Waste Tiered Permitting; and the Aboveground Petroleum Storage Act.

Who must complete a Hazardous Materials Business Plan?
The owner of a facility must complete a HMBP and submit a copy to the Santa Clara Fire Department for each site which handles any individual hazardous material or mixture containing a hazardous material which has a quantity at any one time during the reporting year equal to or greater than:

1. 500 pounds for solid hazardous materials, or the federal threshold quantity for extremely hazardous substances*, whichever is less. [H&SC, 25503.5(a)]
2. The following amounts for liquid hazardous materials:

a. Lubricating oil as defined by H&SC, 25503.5(b)(2)(B): 55 gallons of each type or 275 gallons aggregate quantity on site.
b. All others, including waste oil: 55 gallons, or the federal threshold quantity for extremely hazardous substances*, whichever is less. [H&SC, 25503.5(a)]

3. The following amounts of hazardous material gases:

a. Oxygen or Nitrous Oxide stored/handled at a physician, dentist, podiatrist, veterinarian, or pharmacist’s place of business: 1,000 cubic feet of each material on site. [H&SC, 25503.5(b)(1)]
b. All others: 200 cubic feet, or the federal threshold quantity for extremely hazardous substances*, whichever is less.[H&SC, 25503.5(a)]

4. Amounts of radioactive materials 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. [H&SC, 25503.5(a)]

5. Amounts of CalARP-regulated substances exceeding threshold quantity (TQ) amounts published in California Code of Regulations (CCR), Title 19, Division 2, Chapter 4.5, Section 2770.5 or in quantities equal to or greater than applicable amounts specified in items 1, 2, or 3, above, whichever amount is smaller. [H&SC, 25533(c)(1)]

Completion of the HMBP meets the Tier II reporting requirements of the Superfund Amendments and Reauthorization Act (SARA), Title III.

* The federal threshold planning quantities for extremely hazardous substances are listed in 40 CFR 355, Appendices A and B. 

Note: Retail (Consumer) Products packaged for direct distribution to, and use by, the general public are exempt from HMBP requirements except where the Santa Clara Fire Department determines otherwise pursuant to H&SC, 25503.5(c)(1). [Local agency interpretation is that materials qualify for this exemption only if the following requirements are met: (1) The product is not dispensed from containers at the storage facility; (2) The product is stored in a "retail display area" as defined by the current California Fire Code (e.g. Quarts of oil sitting in a display area for sale at a service station are exempt, but oil used by a mechanic in the service bay is not exempt.); (3) containers are no larger than 5 gallons (liquids) or 100 pounds (solids); and (4) Handling of the product does not present unacceptable risk to public health, safety, or the environment.]

What if I don’t handle any hazardous materials in amounts requiring a HMBP?
Facilities which are not required to complete a HMBP are still required to meet all the requirements of the current California Fire Code and other codes, rules and regulations in the storage, use and dispensing of hazardous materials. Santa Clara Fire Department personnel are available on a consultation basis to review the proposed use and storage of hazardous materials. The Santa Clara Fire Department will then evaluate the storage or use and notify you of any permits or storage/use fees that may apply. (Note: The local agencies reserve the right to require a HMBP for any facility upon determination that the manner of use or storage of hazardous materials is such that additional information is necessary for emergency response purposes.)

What information is required to be submitted with the Hazardous Materials Business Plan?
The HMBP must contain the following elements (electronic versions are available at the top of this page):

  • General Information
  • Chemical Inventory
  • Facility Site Plan
  • Emergency Response/Contingency Plan
  • Employee Training Plan
  • Recordkeeping

How often do I have to update or recertify my Hazardous Materials Business Plan?
Within 30 days of the occurrence of any of the following events, the HMBP shall be revised and the revisions submitted to the Santa Clara Fire Department: (1) There is a 100% or greater increase in the quantity of a previously disclosed material; (2) The facility begins handling a previously undisclosed material at or above the aforementioned HMBP amounts; (3) The facility changes address; (4) Ownership of the facility changes; or (5) There is a change of business name. [H&SC, 25505(b)]

Additionally, if the Santa Clara Fire Department determines that the HMBP is deficient in any way, the plan shall be revised and the revisions submitted to the Santa Clara Fire Department within 30 days of the notice to submit a corrected plan. [H&SC, 25505(a)]

Without regard to the above events, the owner, operator, or officially designated representative of the facility must complete and submit to the Santa Clara Fire Department a Hazardous Materials Business Plan Certification Form (or a copy of your current HMBP with an updated certification signature and date at the bottom of page 1) annually. [H&SC, 25503.3(c)] Certification forms are available from the Santa Clara Fire Department. Alternatively, annual certification may be accomplished online through the California Environmental Reporting System (CERS) (see below).

What forms must I fill out?
To fulfill the HMBP requirements, you must fill out the following forms:

1. Unified Program Consolidated Form: "Business Activities"
2. Unified Program Consolidated Form: "Business Owner/Operator Identification"
3. One of the following inventory form options:

a. Unified Program Consolidated Form: "Hazardous Materials Inventory - Chemical Description," (one page for each chemical), or
b. "Non-Waste Hazardous Materials Inventory Statement" and/or "Hazardous Waste Inventory Statement" (spreadsheet format)

4. A Facility Site Plan: follow the instructions below entitled "Facility Map - Instructions"
5. "Emergency Response/Contingency Plan,"
6. "Employee Training Plan," and
7. "Recordkeeping"

The instructions for forms 1 through 4 are found on the reverse side of the forms. The instructions for forms 5 through 7 are integrated into those forms. You may make as many copies of the forms as you need. Please note that you need only submit one of the inventory form options, a or b.

Please keep a copy of all the completed forms for your records.

What is the California Environmental Reporting System?
Assembly Bill (AB) 2286 (Feuer) was signed by Governor Arnold Schwarzenegger, chaptered on September 29, 2008 and went into effect January 1, 2009. The law will require all regulated businesses and all regulated local government agencies, called Unified Program Agencies (UPA), to use the Internet to file require Unified Program information now filed by paper forms. This includes facility data regarding hazardous material regulatory activities, chemical inventories, underground and aboveground storage tanks, and hazardous waste generation. Beginning January 1, 2013, all Hazardous Materials Business Plan information must be submitted electronically through the California Environmental Reporting System (CERS). CERS is currently available if you wish to electronically submit your data now. Click here to begin the process of submitting your hazardous materials business plan data electronically. Additional information on the current status of the electronic reporting system may be found at the California Environmental Protection Agency website. If you have any questions or need help accessing the database, please contact Pam Robles at (408) 615-4960. 

Facility Map - Instructions

  • Scale or Dimensions
  • North Pointing Arrow
  • Adjacent Streets and Property Use
  • Access and Egress points
  • Storm and Sewer Drain Inlets
  • Parking Lots
  • Business Address
  • Loading Areas
        
  • Utility Shut-Offs (Gas, Electric, Water)
  • Internal Road (if any)
  • Hazardous Code and Quantity Range Number
  • Title for Map
  • Business Name
  • Date of the Map Drawn
  • Emergency Response Equipment Locations
It shall be on 8-1/2 x 11 inch paper(s). The storage and use location of all hazardous materials (including interior and exterior areas, and underground tanks) shall be shown. The contents of each outdoor tank shall be identified by chemical name; other storage need only be identified by hazard class.

Hazardous materials locations may be numbered in one of two ways: (1) the locations should be numbered sequentially beginning with "1" (i.e., 1,2,3...). Before starting the numbering, orient the map so north is at the top of the page. Then imagine a clock face superimposed on your map. Location #1 will be the area closest to 12 o'clock. As the clock hand starts at 12 and moves around, location #2 will be the next hazardous material location the hand reaches. Location numbers continue to increase corresponding to their location on the imaginary clock face. (2) The locations may be numbered using a "grid" system (i.e. "B-12", "E-27", etc.) The hazardous materials classification and quantity range (see below) shall be shown on the map, while the grid coordinates shall be indicated on the inventory sheets.

There are no minimum reporting quantities for this map (as opposed to the inventory list). Any amount of a hazardous material must be indicated by hazard class on your map. Enter the hazard class code for each material next to the location number. Use the following abbreviations:

Code       Classification/Division           Code       Classification/Division
EXP Explosive(1.1, 1.2, 1.3, 1.4, 1.5, 1.6) W Dangerous When Wet(4.3)
FG Flammable Gas(2.1) OXY Oxidizer(5.1)
NFG Nonflammable Gas(2.2) OP Organic Peroxide(5.2)
POIS G Poison Gas(2.3) POIS Poisonous Liquid or Solid(6.1)
FL Flammable Liquid(3) ETI Etiological/Infectious Substance(6.2)
CL Combustible Liquid(3) RAD Radioactive(7)
FS Flammable Solid(4.1) CORR Corrosive(8)
PYR Spontaneously Combustible(4.2) ORM Other Regulated Material(9)

A quantity range number shall be placed next to each hazard class abbreviation to indicate the amount of material(s) present. The quantity range numbers shall be determined using the following table:

Quantity Range No. 

         

Range Amounts

1

Up to and including 500 pounds for solids, 55 gallons for liquids, and 200 cubic feet at STP for compressed gases.

2

Between 500 and 5,000 pounds for solids, 55 and 550 gallons for liquids, and 200 and 2,000 cubic feet at STP for compressed gases.

3

Between 5,000 and 25,000 pounds for solids, 550 and 2,750 gallons for liquids, and 2,000 and 10,000 cubic feet at STP for compressed gases.

4

Between 25,000 and 50,000 pounds for solids, 2,750 and 5,500 gallons for liquids, and 10,000 and 20,000 cubic feet at STP for compressed gases.

5

More than 50,000 pounds for solids, 5,500 gallons for liquids, and 20,000 cubic feet at STP for compressed gases.

The Hazardous Materials Facility Map may also be submitted electronically through the California Environmental Reporting System (CERS). Please contact Pam Robles at (408) 615-4960 if you need assistance uploading your map.

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Last updated: 1/22/2010 2:25:25 PM