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Land Use Project Review

The Hazardous Materials Division works closely with City and County Planning and Building and Safety agencies to evaluate new projects for hazardous materials requirements. This may include "jump start" meetings with local fire representatives, planning agencies, and building departments. It also includes reviewing project descriptions and commenting on environmental documents. Planning and Building and Safety permit applications are required to ask applicants about the handling of hazardous materials to ensure that certain documents and programs are in place prior to occupancy.

Typical conditions applied to planning projects include obtaining permits, filing a business/emergency contingency plan, preparing a Risk Management Plan, filing construction plans and obtaining construction permits for the installation and/or removal of underground storage tanks.

Applicants who require the Hazardous Materials Division to sign-off on projects pay a fee, and must either file the above plans to apply for permits or must file a Business Emergency/Contingency Plan Exemption Form if no operations of the planning project are subject to CUPA regulations.

To discuss your specific permit requirements contact a Specialist at 909.386.8401. When proposing a new or modified facility it is advisable to contact the CUPA, the fire department having jurisdiction for the fire code implementation, the local water and sewering agencies, the air pollution control district, and the local planning and building authorities as early as possible in the planning process. Each of these organizations may have additional requirements for permits and plans.

Administration and Public Records

Certified Record Search Findings Report

As a convenience to businesses that provide property research and environmental assessment services, as well as to the general public, the Hazardous Materials Division provides a certified record search findings service.

Upon receipt of a completed application form Request for Certified Hazardous Materials Records Search Findings and the required fee, Division staff will perform detailed research of current and archival data, automated records, manual logs, and program files to determine whether there are any records of contamination or spills relating to a particular site that is subject to current or past regulatory activity by the Division. Records include active, inactive, and archival underground storage tanks, hazardous materials handlers, hazardous waste generators, and EPCRA or CalARP facilities, as well as any reports of spills, complaints, or cleanup activity.

Once research is complete, the Division issues a Certified Hazardous Materials Record Search Findings Report that details all records associated with a particular site by type, date, location and status, or which certifies a "no records" finding (any file identified can be made available for copying and/or review upon request).

File Review Request

The Hazardous Materials Division will provide a specific identified record for copying and/or review upon receipt of the application form File Review Request. The application must include the name of the record, type of file, and the specific site location, as well as the identifying record number if available. If the record exists, it will be made available for copying and/or review.

NOTE: The File Review Request service is limited to retrieval of the specific record identified in the request and does not include additional research to identify historical contamination issues, address changes, and/or other businesses that may have operated at the site. For complete research for records of a particular site, we recommend submittal of the Request for Certified Hazardous Materials Record Search Findings and the required fee.

Citizens requesting review of the public portion of a single facility Business Emergency/Contingency Plan under Community Right-to-Know laws may do so at no charge after completing the File Review Request form. An appointment is recommended to ensure the record is available.

Questions regarding Procedures for Certified Hazardous Materials Record Search Findings Request may be answered by downloading the procedures from the Policies and Procedures page on this web site or by calling 909.386.8401.

Other Federal, State, Regional, County, and City agencies maintain certain records involving hazardous materials at facilities within San Bernardino County. For instance, unauthorized releases from Underground Storage Tanks may be found at the State Water Resources Control Board Geotracker site. Interested persons may also want to check the Hazmat links to investigate web sites by US EPA or CalEPA under their Superfund and Brownfield Programs. The Department of Toxic Substances Control (DTSC) has a searchable database for several programs including CalSites, Voluntary Compliance Program Properties, and the School Property Evaluation Program.

Proposition 65

In 1986, California voters approved a ballot initiative to address growing concerns about exposure to toxic chemicals. That initiative became the Safe Drinking Water and Toxic Enforcement Act of 1986, included in Chapter 6.5 of the Hazardous Waste Control Law in California Health and Safety Code - better known as “Prop 65”.

Prop 65 law requires any designated government employee who witnesses an illegal discharge of a hazardous waste to report it to the local Board of Supervisors within 72 hours. The Hazardous Materials Division is tasked by the Board to receive and evaluate such reports, and to notify the public of any discharge that poses a significant threat to public health and safety or the environment without delay.

For more information call 909.386.8401.

Please note that reporting under Prop 65 is required in addition to all other hazardous material release notifications required by law. In accordance with Section 25507 of the Health and Safety Code, all hazardous material handlers are required to notify the local administering agency (CUPA), as well as the California Emergency Management Agency (Cal EMA), of any release or threatened release of a hazardous material. These releases can be reported by calling 1.800.33TOXIC. All hazardous materials emergencies should be reported to your local fire or police department immediately by calling 911.

When a release of hazardous substances is determined to be of public health significance, or when non-emergency corrective action is initiated under the department’s direction, public notification is coordinated through the Hazardous Materials Special Programs/Public Records unit. Public Notices may be viewed on this web site, at a San Bernardino County Library, or at the Office of the Fire Marshal location in San Bernardino.

Portions of Proposition 65 contained in Section 25249.6 of the Health and Safety Code are administered by the state Office of Environmental Health Hazard Assessment (OEHHA). These portions pertain to the posting of "clear and reasonable warning" of exposure to chemicals on the Governor’s List. Questions regarding the requirements to label and/or post warnings pursuant to Proposition 65 may be addressed by viewing the OEHHA web site at http://oehha.ca.gov/prop65.html or by calling 916.445.6900.

List of Identified Hazardous Waste and Substances Sites

CalEPA has amended its web site to provide links to data resources to search for sites belonging on the List of Identified Hazardous Waste and Substances Site ("Cortese List") pursuant by Government Code Section § 65962.5. When Government Code § 65962.5 was originally enacted in 1985, it required the State of California to prepare and update a list of sites from various state and local sources to be entitled the List of Identified Hazardous Waste and Substances Sites, commonly referred to as the "Cortese List" (named after the legislator who authored the bill enacting it). In accordance with provisions of Government Code Section § 65962.5, applicants for certain land development actions are required to consult the list and certify whether or not the project's property is on the list. Because most of these sources are now published electronically, those requesting a copy of the "Cortese List" are now referred directly to the appropriate information resources on the Internet at the web sites for those agencies referenced in the statute. For further information on the background and history of Government Code Section § 65962.5, see Background and History, or go directly to the link at CalEPA's web site List of Identified Hazardous Waste Sites ("Cortese List") (CalEPA).

Public Disclosure

Pursuant to California Health & Safety Code 25185(d):

"Whenever information, including, but not limited to, documents, photographs, and sampling results, has been gathered pursuant to subdivision (a), the department or the local officer or agency shall comply with all procedures established pursuant to Section 25173 and shall notify the person whose facility was inspected prior to public disclosure of the information, and, upon request of that person, shall submit a copy of any information to that person for the purpose of determining whether trade secret information, as defined in Section 25173, or facility security would be revealed by the information. "Public disclosure," as used in this section, shall not include review of the information by a court of competent jurisdiction or an administrative law judge. That review may be conducted in camera at the discretion of the court or judge."

Site Remediation

Voluntary Cleanup Program (VCP)

The Site Remediation Program also provides regulatory oversight services to property owners and facility operators who have experienced or discovered a hazardous materials discharge from other than an underground storage tank, and wish to voluntarily clean up the contamination and restore their property to a safe and equitable condition. As with unauthorized releases from underground storage tanks, the professional staff of the Site Remediation (VCP) work with property owners and their consultants to plan and implement corrective actions that will accomplish these goals and comply with applicable laws and regulations.

Departmental oversight of voluntary site cleanups is not supported by public funds. Therefore, these services are provided by agreement with the responsible parties, and reimbursement for expenses incurred by the department is required, similar to the LIA Program.