Public Notices

Important information and public notices regarding HMCD and our regulatory programs will be posted here and updated ​periodically.​​

 

PUBLIC NOTICE: PSPS NOTIFICATION

Posted: 10/24/2021 (Updated: 11/10/2021)

The Hazardous Materials Compliance Division (HMCD) has received notification of deployment/planned deployment of emergency generator units at the following locations in response to Public Safety Power Shutoffs (PSPS).  These notifications allow providers to deploy equipment and temporarily store hazardous materials, such as diesel fuel associated with that equipment, prior to, during, and after PSPS events without providing other required forms of disclosure in accordance with California Law (Cal. Health & Safety Code, section 25507(d)) and as approved by HMCD.

If you have questions or concerns regarding these applications or HMCD’s approval of such notices, please contact Mr. Albert Wolff at [email protected] or 408-918-3375 by the dates listed below.

 

Applicant:

Location:

Date of deployment

comments by:

Approved:

Comcast

1202 Copper Peak Lane, SJ

10/24/2021

10/30/2021

11/1/2021

Comcast

1208 Copper Peak Lane, SJ

10/24/2021

10/30/2021

11/1/2021

Comcast

20100 Old Santa Cruz Highway, LG

10/24/2021

10/30/2021

11/1/2021

Comcast

23331 Summit Road, LG

10/24/2021

10/30/2021

11/1/2021

Comcast

143 Loma Alta, LG

10/24/2021

10/30/2021

11/1/2021

 

 

PUBLIC NOTICE:  PERMANENT CLOSURE REQUIREMENTS FOR UNDERGROUND STORAGE TANKS WITH SINGLE-WALLED COMPONENTS

POSTED: 11/01/2021

Effective September 25, 2014, Senate Bill 445 (Stats. 2014, Ch. 547) changed the underground storage tank (UST) regulatory program regarding design and construction of USTs. These changes are reflected in Health and Safety Code (H&SC), Chapter 6.7, Section 25292.05. Specifically, these changes require that on or before December 31, 2025, UST owners or operators of single-walled USTs must permanently close them. A single-walled UST is defined as either a tank and/or the connected piping that does not have secondary containment and a continuous leak detection system meeting the requirements of H&SC, section 25291(a)(1)-(6). 

UST Systems which do not have secondary containment and a continuous leak detection system that have not been permanently closed by the regulatory due date, December 31, 2025, will be out of compliance, cannot be operated, and could be red tagged by the Unified Program Agency (UPA) or the State Water Resources Control Board (State Water Board), preventing fuel deliveries and dispensing.  Additionally, systems out of compliance are subject to penalties of $500 to $5,000 per day per underground storage tank.

As the deadline date of December 31, 2025 is approaching, the State Water Board is requesting that single-walled UST facility owners/operators complete and submit a UST Closure Commitment Plan.  The aim of a UST Closure Commitment Plan is to assist UST owners and operators with understanding the single-walled closure deadline and the process and timelines associated with permanent closure projects. The UST Closure Commitment Plan will also help regulators understand the resources that will be needed for plan review, permit issuance, and inspections, and help avoid project delays.

The State Water Board will be hosting remote workshops on the single-walled UST Closure Commitment Plan using Microsoft Teams.  The workshop dates and times are:

Additional guidance including information on potential loans and grants, made available through the Replacing, Removing, or Upgrading Underground Storage Tanks (RUST) Program can be found on the State Water Board’s website here: Single Walled | California State Water Resources Control Board.

For specific information regarding these requirements for single-walled USTs in Santa Clara County, please contact:

For specific information regarding these requirements for single-walled USTs in Santa Clara County, please contact:

Ana Bui
Senior Hazardous Materials Specialist
Santa Clara County
Department of Environmental Health
Hazardous Materials Compliance Division
(408) 918-1952
[email protected]

 

PUBLIC NOTICE: CALIFORNIA ACCIDENTAL RELEASE PREVENTION PLAN 

The County of Santa Clara Department of Environmental Health Hazardous Materials Compliance Division has received the Risk Management Plan under the California Accidental Release Prevention program for the following facility located in Santa Clara County: 

The Eggo Company located at 475 Eggo Way in San Jose California 95116 for the regulated chemical Anhydrous Ammonia. 

In accordance with State law, once the Risk Management Plan is found to be complete, it will be available for public review and comment for a period of at least 45 days.

County of Santa Clara
Department of Environmental Health
Hazardous Materials Compliance Division
1555 Berger Drive, Suite 300
San Jose, California 95112
(408) 918-3400

 

PUBLIC NOTICE: RELEASE REPORTING PROPOSED REGULATIONS

The Governor’s Office of Emergency Services (Cal OES) announced that the development of amendments to the Hazardous Material Release Reporting regulations (California Code of Regulations, Title 19, Division 2, Article 2, sections 2630-2632) is back in progress.  The draft language can be reviewed at: Release Reporting Proposed Regulations.

 

PUBLIC NOTICE: CalEPA UNIFIED PROGRAM STATE SURCHARGE INCREASE FOR FY 2021/2022

CalEPA published a final notice in the California Regulatory Notice Register on June 25, 2021, upon which the increased Unified Program surcharge amounts became effective immediately.

The increase to the “Oversight” portion of the annual State Surcharge raised the fee from $49 to $84, with the increase allocated as follows:

  • $27 for the California Environmental Reporting System (CERS) NextGen project
    • CalEPA is responsible for the implementation and overall maintenance of the CERS and has determined that the current CERS must be updated in order to continue providing an effective and stable service to all stakeholders. Therefore, CalEPA has, in collaboration with internal and external stakeholders, initiated the CERS NextGen project to plan and implement this crucial system update. It is estimated that the project will cost approximately 14.1 million dollars and is expected to be completed in Fiscal Year 2024/2025.
  • $8 to address the structural deficit related to the State Certified Unified Program Account
    • Based on fiscal analysis performed by the CalEPA Deputy Secretary for Fiscal and Administrative Programs, Unified Program staff, and the California Air Resources Board accounting staff, it was determined that beginning in Fiscal Year 2021/2022, the budget appropriation for the State Certified Unified Program Account exceeds the projected revenues by over $1,000,000.

No later than sixty days after the effective date of the new surcharge, Certified Unified Program Agencies (CUPAs) are responsible for collecting the new surcharge amount as part of their single fee system.  CalEPA has requested that all CUPAs begin assessing the new surcharge in fiscal year 2021/2022, including those CUPAs that bill prior to the effective date of the new surcharge increase. Santa Clara County began assessing the surcharge effective July 1, 2022.

CalEPA will assess the surcharge for the CERS NextGen project for four years, beginning Fiscal Year 2021/2022.  In Fiscal Year 2024/2025, CalEPA will adjust the Oversight Surcharge to only cover costs for the ongoing maintenance and operations of CERS NextGen.

 

PUBLIC NOTICE: CPI ADJUSTMENT

The Department of Environmental Health will increase many permit fees, including hazardous materials permit fees, by 2%, effective August 1, 2021. This increase is based on the annual increase in the Consumer Price Index for the San Francisco Bay Area region.  Fees have not been increased since July, 2012 and the increase is necessary to help offset rising costs.

 

PUBLIC NOTICE: TREATED WOOD WASTE

With the Governor’s veto of 2020’s Assembly Bill 68, Treated Wood Waste is no longer allowed to disposed of at any place except a Class I Hazardous Waste Landfill.  This ban took place on January 1, 2021. Commercial haulers have already notified the Department of Environmental Health and many customers that they will be rejecting loads where they see treated wood in the waste containers.
If you generate treated wood waste, DEH recommends:
•    Separating treated wood from non-treated wood during demolition.
•    Cutting any removed treated wood during demolition so that it will fit into a container for storage. 
You may continue to handle your non-treated wood as you always have.
Your Treated Wood Waste should now be:
•    Placed in a container (e.g. cubic yard box, tri-wall, 20- or 40-yard roll off bin);
•    Covered when not adding waste to the container;
•    Marked with the following information:
         o    The words “HAZARDOUS WASTE”
         o    Your company’s name and address
         o    The words “TREATED WOOD”
         o    The word “TOXIC” 
         o    The date you started putting the wood waste in the container;
•    Removed from your site by a hazardous waste hauler within 180 days. 
Industry representatives are currently working with the State Department of Toxic Substances Control (DTSC) to address this issue.  For more information you may contact the Dept. of Environmental Health at 408-918-3400 or visit DTSC’s website at https://dtsc.ca.gov/toxics-in-products/treated-wood-waste/
A short term solution is expected near the end of February, middle of March 2021, according to the Department of Toxic Substances Control. 
 

PUBLIC NOTICE: CALIFORNIA ACCIDENTAL RELEASE PREVENTION PLANS

The County of Santa Clara Department of Environmental Health Hazardous Materials Compliance Division has received and reviewed two updated 5 Year Risk Management Plans under the California Accidental Release Prevention program for the following facilities located in Santa Clara County.

  • LOS ESTEROS CRITICAL ENERGY FACILITY LLC located at 800 Thomas Foon Chew Way in San Jose California 95134 for the regulated chemical Aqueous Ammonia.
  • ​METCALF ENERGY CENTER LLC located at 1 Blanchard Road in San Jose California 95037 for the regulated chemical Aqueous Ammonia.

The two Risk Management Plans were found to be complete. In accordance with State law, the Risk Management Plans will be available for public review and comment period beginning September 16, 2020. and will continue for a period of at least 45 days. The Risk Management Plans may be reviewed during normal business hours at the location indicated below. Please call in advance to arrange for a time to review the document.

PUBLIC NOTICE ARCHIVE

 

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