1. Cupa violation Review BAESG Meeting May 20, 2019 Matthew Burge
Supervising Hazardous Materials Specialist
County of Santa Clara Department of Environmental Health
Hazardous Materials Program

2. HSC § 25404
(3) “Minor violation” means the failure of a person to comply with a requirement or condition of an applicable law, regulation, permit, information request, order, variance, or other requirement, whether procedural or substantive, of the unified program that the UPA is authorized to implement or enforce pursuant to this chapter, and that does not otherwise include any of the following:
(A) A violation that results in injury to persons or property, or that presents a significant threat to human health or the environment.
(B) A knowing, willful, or intentional violation.
*(C) A violation that is a chronic violation, or that is committed by a recalcitrant violator.  In determining whether a violation is chronic or a violator is recalcitrant, the UPA shall consider whether there is evidence indicating that the violator has engaged in a pattern of neglect or disregard with respect to applicable regulatory requirements.
(D) A violation that results in an emergency response from a public safety agency.
(E) A violation that enables the violator to benefit economically from the noncompliance, either by reduced costs or competitive advantage.
(F) A class I violation as provided in Section
(G) A class II violation committed by a chronic or a recalcitrant violator, as provided in Section * .
(H) A violation that hinders the ability of the UPA to determine compliance with any other applicable local, state, or federal rule, regulation, information request, order, variance, permit, or other requirement.

3. HSC § (CCR Title )
“Class I violation” means any of the following:
(a) A deviation from the requirements of this chapter, or any regulation, standard, requirement, or permit or interim status document condition adopted pursuant to this chapter, that is any of the following:
(1) The deviation represents a significant threat to human health or safety or the environment because of one or more of the following:
(A) The volume of the waste.
(B) The relative hazardousness of the waste.
(C) The proximity of the population at risk.
(2) The deviation is significant enough that it could result in a failure to accomplish any of the following:
(A) Ensure that hazardous waste is destined for, and delivered to, an authorized hazardous waste facility.
(B) Prevent releases of hazardous waste or constituents to the environment during the active or postclosure period of facility operation.
(C) Ensure early detection of releases of hazardous waste or constituents.
(D) Ensure adequate financial resources in the case of releases of hazardous waste or constituents.
(E) Ensure adequate financial resources to pay for facility closure.
(F) Perform emergency cleanup operations of, or other corrective actions for, releases.
(b) The deviation is a Class II violation which is a chronic violation or committed by a recalcitrant violator.  “Class II Violation” has the same meaning as defined in Section of Title 22 of the California Code of Regulations .

4. 22 CCR § Definitions.
“Class II Violation” means a deviation from the requirements specified in Chapter 6.5 of Division 20 of the Health and Safety Code, or regulations, permit or interim status document conditions standards, or requirements adopted pursuant to that chapter, that is not a Class I violation.

5. ^Hazardous waste violations only *See (b)
HSC § ^
(b) A facility which receives a notice to comply pursuant to subdivision (a) shall have not more than 30 days from the date of receipt of the notice to comply in which to achieve compliance with the permit conditions, rule, regulation, standard, or other requirement cited on the notice to comply.  Within five working days of achieving compliance, an appropriate person who is an owner or operator of, or an employee at, the facility shall sign the notice to comply and return it to the department representative or to the authorized local officer or agency, as the case may be, which states that the facility has complied with the notice to comply.  A false statement that compliance has been achieved is a violation of this chapter pursuant to Section
(d) A notice to comply shall not be issued for any minor violation which is corrected immediately in the presence of the inspector.  Immediate compliance in that manner may be noted in the inspection report, but the facility shall not be subject to any further action by the department representative or by the authorized local officer or agency.
(e) Except as otherwise provided in subdivision (g), a notice to comply shall be the only means by which the department representative or the authorized local officer or agency shall cite a minor violation.  The department representative or the authorized local officer or agency shall not take any other enforcement action specified in this chapter against a facility which has received a notice to comply if the facility complies with this section.*
^Hazardous waste violations only
*See (b)

6. County of Santa Clara Violations 5/15/2016 – 5/15/2019
Class I
141
Class II
6121
Minor
11237
Total
17499

7. County of Santa Clara Violations 5/15/2016 – 5/15/2019
Top 10 Minor
MARKING OF HAZARDOUS WASTE
939
20.1%
HMBP INVENTORY INFORMATION MISSING / INCOMPLETE
607
13.0%
HMBP SITE MAP MISSING / INCOMPLETE
586
12.5%
HMBP FACILITY PROPERTY OWNER NOTIFICATION
431
9.2%
CONTAINER OPEN (HWG)
410
8.8%
INACTIVE ID NUMBER (HWG)
386
8.3%
HMBP ANNUAL CERTIFICATION
367
7.9%
TRAINING: SQG
330
7.1%
MAINTENANCE AND OPERATION OF FACILITY (HWG)
323
6.9%
EMERGENCY INFORMATION POSTED: SQG
291
6.2%
4670
26.7%

8. County of Santa Clara Violations 5/15/2016 – 5/15/2019
Top 10 Class II
HMBP EMERGENCY RESPONSE TRAINING DOCUMENTATION
759
24.5%
HAZARDOUS WASTE DETERMINATION
697
22.5%
UST FINANCIAL RESPONSIBILITY
310
10.0%
HMBP NOT SUBMITTED
273
8.8%
ACCUMULATION TIME: SQG
204
6.6%
ILLEGAL DISPOSAL OF HAZARDOUS WASTE
198
6.4%
UST PIPE MONITORING: INTERSTITIAL MONITORING NON-FUNCTIONAL (TANK INSTALLED 1/2/84-6/30/04)
179
5.8%
UST SECONDARY CONTAINMENT
171
5.5%
RESPONSE TO UST NOTICE OF VIOLATION
158
5.1%
UST SPILL CONTAINMENT NOT INSTALLED / FUNCTIONAL
148
4.8%
3097
17.7%

9. County of Santa Clara Violations 5/15/2016 – 5/15/2019
Top 10 Class I
UST PERMIT TO OPERATE 31
31.6%
RESPONSE TO UST NOTICE OF VIOLATION 16
16.3%
UST FINANCIAL RESPONSIBILITY 12
12.2%
UST SECONDARY CONTAINMENT 10
10.2%
PRIMARY CONTAINMENT NOT PRODUCT-TIGHT 7
7.1%
RESPONSE TO NOTICE OF VIOLATION (HWG)
UST TESTING AND CERTIFICATION OF MONITORING EQUIPMENT 5
5.1%
UST MONITORING: DETECTION AT EARLIEST OPPORTUNITY 4
4.1%
UST SPILL CONTAINMENT NOT INSTALLED / FUNCTIONAL 3
3.1%
ILLEGAL DISPOSAL OF HAZARDOUS WASTE 98
0.6%

10. County of Santa Clara Violations 5/15/2016 – 5/15/2019
Top 10 APSA
INSPECTIONS & TESTING: RECORDKEEPING: GENERAL 95
20.0%
TESTING: LIQUID LEVEL SENSING DEVICES 59
12.4%
TANK INTEGRITY TESTING
TRAINING: SPILL PREVENTION BRIEFINGS 44
9.3%
TRAINING OF OIL-HANDLERS 43
9.1%
SPCC PLAN NOT PREPARED
SPCC PLAN CONTENT: CONTACT LIST 37
7.8%
ANNUAL TANK STATEMENT OR HMBP NOT SUBMITTED 35
7.4%
SPCC PLAN CONTENT: ANNUAL BRIEFINGS 31
6.5%
SPCC PLAN CONTENT: STORAGE CONTAINERS & CAPACITIES 29
6.1%
475
2.7%
Top 10 CalARP
PROGRAM 2: HAZARD REVIEW EXTERNAL EVENTS 4
23.5%
REGISTRATION: TABLE 3 REGULATED PROCESS 3
17.6%
PROGRAM 2: HAZARD REVIEW DOCUMENTATION AND RESPONSE 2
11.8%
INITIAL RMP SUBMITTAL: TABLE 3 REGULATED SUBSTANCES
PROGRAM 3: COMPLIANCE WITH CALARP PROVISIONS 1
5.9%
PROGRAM 3: OPERATING PROCEDURES ACCESSIBILITY
PROGRAM 3: COMPLIANCE AUDIT CERTIFICATION
PROGRAM 3: PROCESS EQUIPMENT DEFICIENCY CORRECTION
PROGRAM 2 / 3: EMERGENCY RESPONSE FOR RESPONDING FACILITIES
PROGRAM 3: EMPLOYEE TRAINING DOCUMENTATION 17
0.1%

11. County of Santa Clara Violations 5/15/2016 – 5/15/2019
Top 10 Overall
MARKING OF HAZARDOUS WASTE
991
17.5%
HMBP EMERGENCY RESPONSE TRAINING DOCUMENTATION
772
13.6%
HAZARDOUS WASTE DETERMINATION
698
12.3%
HMBP INVENTORY INFORMATION MISSING / INCOMPLETE
626
11.0%
HMBP SITE MAP MISSING / INCOMPLETE
595
10.5%
HMBP FACILITY PROPERTY OWNER NOTIFICATION
437
7.7%
CONTAINER OPEN (HWG)
426
7.5%
INACTIVE ID NUMBER (HWG)
395
7.0%
HMBP ANNUAL CERTIFICATION
378
6.7%
MAINTENANCE AND OPERATION OF FACILITY (HWG)
357
6.3%
5675
32.4%

12. Regulatory Update APSA -Tanks In Under Ground Areas (TIUGA) UST
-Federal Changes
-Emergency generator definition now includes kerosene
-Red Tag and permitting changes
-B20 = Diesel
Hazardous Waste
-Generator Improvement Rule (GIR)
-Pharmacy Rule
CalARP
-Program 4 (Refineries)