CCLME.ORG - DIVISION 1. GENERAL FUNCTIONS AND RESPONSIBILITIES SUBDIVISION 4. STATE DELEGATION PART II. OPERATIONS ARTICLE 10. BUSINESS REPORTING TO CUPAS Appendix C

(continued)
(jj) hazardous materials management
(kk) fire science, fire technology;
- OR -
(ii) Equivalent to graduation from an accredited college or university or equivalent degree approved by the California Superintendent of Public Instruction under the provisions of California Education Code Section 94301(b) with major course work in the disciplines listed in Paragraph (3)(A)(i);
- OR -
(iii) Qualifying experience in hazardous materials management, regulation, analysis, or research; environmental research, monitoring, surveillance or enforcement; or resource recovery may be substituted for the required education, on the basis of one year of qualifying experience for 15 units of college course work authorized pursuant to Paragraph (A)(i), for up to a maximum of 15 units.
(B) CUPA technical program staff and supervisors who are involved in specific activities associated with oversight of the local Unified Program requirements shall meet minimum hours of training or experience requirements contained in subdivision (d)(3)(B) of this section, for all the following subject areas:
(i) Regulatory overview;

(ii) Classification, identification, and chemistry of hazardous materials and hazardous waste;
(iii) Health and environmental effects of hazardous substances, including chemical exposure and route of entry;
(iv) Sampling methodologies and use of instrumentation for detection and sampling of hazardous substances;
(v) Conducting inspections and enforcement actions, and writing inspection reports and notice of violation;
(vi) Interviewing, case development, and collection and preservation of evidence.
(b) One or more CUPA technical staff or supervisors, as needed to effectively meet the requirements of Paragraphs (3)(A) and (3)(B), shall meets the requirements of subdivision (d) of this section.
(c) The applicant agency shall identify the specific types of ongoing training which technical staff and supervisors are required to receive. Technical staff and supervisors of the CUPA and participating agencies shall receive training in the following areas:
(1) hazardous materials and hazardous waste permitting, inspection and enforcement duties and responsibilities pursuant to state law and regulation, and to local ordinances and resolutions;
(2) inspection techniques and scheduling, including evidence collection, chain of custody, sample preservation, and interviewing;
(3) administration practices within a hazardous materials and hazardous waste program;
(4) monitoring equipment, data evaluation, and interpretation of the results as related to hazardous materials and hazardous waste analysis
(5) field staff health and safety training including: planning field inspections, safety equipment, on-site procedures, decontamination and hazard recognition and avoidance.
(d)(1) Education Requirements:

(A) Equivalent to graduation from an accredited college or university or equivalent degree approved by the California Superintendent of Public Instruction under the provisions of California Education Code section 94310(b) with major coursework in biological, chemical, physical, environmental or soil science; environmental health; environmental or sanitary engineering; toxicology; industrial hygiene; or a related field. Additional qualifying experience in hazardous materials management, regulation, analysis, or research; environmental research, monitoring, surveillance or enforcement; or resource recovery may be substituted for the required education on the basis of one year of qualifying experience for each year of college work for up to a maximum of two years. When substituting experience for education, qualifying education must include a minimum of 30 semester units in natural science from an accredited college or equivalent units from an institution approved as above; or
(B) Registration as an Environmental Health Specialist may be substituted for the required education.
(2) Participating staff shall have a minimum of one year experience in conducting hazardous materials or hazardous waste regulatory compliance inspections.
(3) Staff participating in field order issuance shall complete the following minimum training:
(A) Health and safety training as specified in section 5192(e) Title 8, California Code of Regulations;
(B) 100 hours of training in regulatory investigative techniques including training in the following subjects:
(i) Federal and state statutes and regulations on hazardous waste control;
(ii) Conducting an inspection;
(iii) Waste classification;
(iv) Inspection report writing;
(v) Collection and preservation of samples;

(vi) Enforcement response options;
(vii) Writing reports of violation;
(viii) Interviewing;
(ix) Case development;
(x) Collection and preservation of evidence;
(xi) Witness training;
(xii) Rules of evidence and the administrative hearing process; and
(xiii) Training on the issuance of field orders.
(C) Staff participating in the desk order process and conducting informal hearings under the field order process shall have 24 hours of training in the following additional areas:
(i) Training on penalty assessment;

(ii) Negotiation techniques; and
(iii) Training on the issuance of desk orders.
(iv) It shall be the responsibility of the CUPA to document the training and experience of staff participating in this program.

Note: Authority cited: Sections 25404(b) and 25404.6(c), Health and Safety Code. Reference: Sections 25404(c) and (d), 25404.1(a)(1), and 25404.3(b)(1), (4), (5) and (7), Health and Safety Code.

s 15270. What technical expertise and ongoing training is required of a participating agency?
(a) A participating agency implementing one or more of the program elements on or before December 31, 1995 shall be considered qualified to implement those specific program element(s) [refer to Section 15260(a)(1)].
(b) A participating agency that does not implement one or more program elements as of December 31, 1995, but intends to assume responsibility for implementation of a program element is required to meet the standards in effect at the time of application for that program element [refer to Section 15260(a)(2)].
(c) Participating agency technical staff and supervisors shall meet the ongoing training requirements identified in Section 15260(c).

Note: Authority cited: Sections 25404(b) and 25404.6(c), Health and Safety Code. Reference: Sections 25404(c) and (d), 25404.1(a)(1), 25404.1(b)(2) and (4), and 25404.3(b)(1), (4), (5) and (7), Health and Safety Code.

s 15280. What self-auditing requirements must the CUPA follow?
(a) A self-audit is an evaluation conducted by the CUPA of its annual Unified Program activities and includes an evaluation of any participating agencies or other contracting agencies.
(1) The CUPA shall conduct an annual self-audit at the end of each state fiscal year. Annual self-audit reports shall be completed by September 30 of each year. The time period covered by each self-audit is the state fiscal year from July 1 through June 30 of each year.

(2) The first self-audit report shall be produced by September 30 following a full year of operation as a CUPA and shall be maintained on file by the CUPA for a period of five (5) years.
(3) Upon written request of the Secretary or a state agency responsible for overseeing one or more program elements, the CUPA shall forward the self-audit to the person or agency making the request upon 60 days notice.
(4) For an agency authorized to continue its role, responsibilities, and authority for a program element or elements pursuant to Health and Safety Code Sections 25404.3(f) or 25533(f), the self-audit shall only include information on the program element or elements that particular agency is authorized to continue to operate and shall not include information related to the surcharge or single fee system.
(b) The self-audit shall include the following:
(1) The CUPA'a self-audit includes an evaluation of participating agency performance.

(A) The self-audit shall address at a minimum all program elements including the periodic evaluation of participating agencies, and a report of deficiencies with a plan of correction [refer to Section 15180(a)(8)].
(B) The CUPA shall prepare a summary of the findings of each self-audit and shall maintain the summary and self-audit records at the primary CUPA address provided in the application or as subsequently revised by the CUPA and provided to the Secretary at the address given in Section 15290(c).
(2) Narrative summaries of program element activities including, but not limited to the effectiveness and efficiency of permitting and inspection and enforcement activities undertaken and a copy of the annual, biennial, and quarterly reports of program activities submitted to the Secretary pursuant to Section 15290.
(3) A summary of Single Fee System activities.
(4) A narrative summary of the progress made toward consolidating, coordinating, and making consistent the Unified Program.
(5) A record of changes in local ordinances, resolutions, and agreements affecting the Unified Program.
(6) A narrative summary of the annual review and update of the fee accountability program as required by Section 15210(b)(2).
(7) A summary of new programs being included in the Unified Program.
(8) A demonstration that the CUPA has satisfied the specific self-audit and performance standards established in regulation by the Secretary or the state agencies responsible for one or more of the program elements.

Note: Authority cited: Sections 25404, 25404(b) and 25404.6(c), Health and Safety Code. Reference: Sections 25404(b), (c) and (d), 25404.4(a)(1) and 25404.5(b), Health and Safety Code; and Title 23, Section 2713, California Code of Regulations.

s 15290. What reports must the CUPA submit to the State?
(a) The CUPA shall submit the following reports for the previous fiscal year to the Secretary by September 30 of each year. The first reports shall be submitted by September 30 following a full State fiscal year of operation as a CUPA.
(1) The Annual Single Fee Summary Report using Report 2. It includes:
(A) The amount of the single fee billed and the amount collected.

(B) The amount of any funds due to participating agencies and the amount actually transmitted.
(C) The amount of surcharge billed, the amount of surcharge waived, and the amount of surcharge collected for each of the following categories:
(i) CUPA oversight
(ii) regulated underground tanks
(iii) California Accidental Release Prevention program
(D) If the CUPA believes that the number of regulated businesses will change significantly in the current year or in the next year, then estimates of those changes for each program element will be provided in a cover letter with Report 2.
(E) A count for the year of the report of the total regulated businesses, underground storage tank facilities, underground storage tanks, onsite hazardous waste treatment facilities (permit by rule, conditionally authorized, and conditionally exempt), CalARP program stationary sources, waivers granted to stationary sources, and businesses subject to the CalARP program surcharge.
(2) Annual Inspection Summary Report, using Report 3, provides summary information for each program element. The hazardous waste element is separated into parts for generators, large quantity generators, recyclers, and onsite treatment as shown on Report 3. The summary information includes the number of regulated businesses, total number of inspections, routine inspections, other inspections, and the inspected businesses that returned to compliance within established standards after routine inspections. Established standards vary by program element and are found in either state law or regulations, or the CUPA may adopt more stringent standards by local ordinance or in its application for certification. The report also collects total counts (not by program element) for these types of inspections: combined routine, joint, and integrated/multi-media; and a count of Risk Management Plan audits for the CalARP program.
(3) Annual Enforcement Summary Report, using Report 4, provides summary information for each program element. The hazardous waste element is separated into parts for generators, large quantity generators, recyclers, and onsite treatment, as shown on Report 4. The summary information includes the number of facilities with violations by type of violation; the number of informal enforcement actions; the total number of administrative actions, civil and criminal referrals and enforcement actions, and the total amount of fines and penalties initially assessed and collected. For the Class I and II violations within the hazardous waste program, it also provides a count of the total number of formal enforcement actions that were initiated within 135 days from the first day of a routine inspection or after making a determination of the violations for a complaint investigation. (This last count excludes minor violations.)
(b)(i) Reports 2 through 4 shall be submitted by the CUPA to the:
Secretary for Environmental Protection 1001 i street Sacramento, CAlifornia 95814
(c) On a quarterly basis, each CUPA shall send information pertaining to local underground storage tank program implementation to the State Water Resources Control Board. This report shall satisfy the requirements of Health and Safety Code, Section 25299.7(b) and CCR Title 23, Section 2713.
(1) Quarterly Underground Storage Tank (UST) Program Report, using Report 6, provides information on quarterly changes to the count of regulated tank facilities; the number of active and permanently closed petroleum and hazardous substances tank systems; the completed UST facility inspections; and both a count and percent calculation of active UST systems with approved leak detection systems and the count and percent of UST systems that meet the 1998 upgrade or replacement requirements. This report is a turnaround document that is provided quarterly by the State Water Resources Control Board to each CUPA showing the previous quarter's information reported by the CUPA. The CUPA will also review and verify the information shown from the previous quarter and make any appropriate changes.
(2) The quarterly reports shall be submitted 60 days after the end of each quarter to the:
State Water Resources Control Board Division of Water quality, UST Program P.O. Box 2231 Sacramento, CA 95812
(d) The periodic reports required by Sections 15250 and 15290 shall be submitted in a paper form, unless the CUPA requests to submit the reports electronically and obtains the Secretary's prior approval of the file format.
(e) If the CUPA chooses to submit Reports 3-6, required by Section 15290, to the State in an electronic format, the CUPA shall:
(1) Meet the standards specified in Sections 15185 and 15187,
(2) Submit the data using the same layout and present the required information in the same order and general sequencing for each page as shown on each report, or use a facsimile version thereof.
(3) Collect and report all of the information found on the report that applies to the CUPA.
(f) Upon the written request of the Secretary or an authorized agent, or a state agency responsible for one or more program elements, the CUPA shall provide information listed in or derived from any part of the Unified Program Data Dictionary [refer to Division 3, Subdivision 1, Chapters 1-5] to the person or agency making the request within 60 days. The scope of these requests by the Secretary for information on facilities and/or CUPA activities is limited to data included in the data dictionary. These additional data reports shall be submitted in a paper form, unless the person or agency making the request approves a CUPA's request to submit the reports electronically. CUPAs may request an extension upon showing good cause.
(g) Nothing in this section shall limit the authority of the Secretary to request records or documents that are normally maintained by the CUPA in the course of implementing the Unified Program or otherwise required by law to be retained by the CUPA. The CUPA shall provide this information to the Secretary within 60 days.
(h) Any other program reports required by federal or state law. The CUPA shall provide this information to the person or agency making the request within 60 days.
(i) The CUPAs shall report using the formats of Report 1 through 6, however, in 1998-99, CUPAs may submit incomplete Reports 3 and 4, if information on CUPA activities had not been collected using these categories for that entire reporting period. In those cases, the CUPA shall submit additional available information demonstrating inspection and enforcement activities for the 1998-99 fiscal year. Complete reports are required for the 1999-2000 fiscal year and subsequent submissions.
(j) An agency authorized to operate a program element or elements pursuant to Health and Safety Code Sections 25404.3(f) or 25533(f) shall only report information on the implementation of the program element or elements that particular agency is authorized to operate and shall not include information related to the surcharge or single fee system.

Note: Authority cited: Sections 25404(b), (c), (d) and (e) and 25404.6(c), Health and Safety Code. Reference: Sections 25299.3(b), 25404(b), (c) and (d), 25404.4(a)(1) and 25404.5(b), Health and Safety Code.

s 15300. What activities require prior notification and approval of the Secretary?
(a) A CUPA must notify and receive approval from the Secretary prior to instituting the following significant changes:
(1) Addition or deletion of a program element;
(2) Replacement or addition of a participating agency.

Note: Authority cited: Sections 25404(b) and 25404.6(c), Health and Safety Code. Reference: Sections 25404.2(c) and 25404.3(d), Health and Safety Code.

s 15310. What are the notification and approval procedures for activities which require prior approval from the Secretary?
(a) The CUPA shall submit a proposal for a significant change in the Unified Program, as identified in section 15300, to the Secretary for approval prior to instituting that change.
(1) The CUPA shall submit a modification to all applicable sections of the application for certification with its proposal for a significant change in the Unified Program.

(2) The CUPA shall simultaneously send a copy of the proposed change to the affected participating agency.
(3) Any participating agency involved in implementing a program element that is subject to proposed change shall have the opportunity to provide information related to the issue.
(b) The Secretary shall review proposed significant changes to a Unified Program following the steps identified in Section 15160, and may conduct a public hearing when necessary. The Secretary shall complete the review within 180 days.
(c) The Secretary shall follow the certification appeal process pursuant to section 15160 if the CUPA appeals a decision pursuant to this subdivision.

Note: Authority cited: Sections 25404 and 25404.6(c), Health and Safety Code. Reference: Sections 25404.2(c), 25404.3 and 25404.4(a), Health and Safety Code.

s 15320. What procedure will be followed if withdrawal of a certification becomes necessary?
(a) During periodic review of the Unified Program, or review of an amended application, if the Secretary finds the program or the program implementation to be deficient, the Secretary may:
(1) Issue a Notice of Intent to withdraw certification or
(2) Enter into a program improvement agreement with the CUPA to correct the deficiencies.
(b) A Notice of Intent to withdraw certification shall include specific reasons why the CUPA has failed to meet its obligations, in accordance with Section 25404.4 of the Health and Safety Code, to adequately implement the Unified Program within its jurisdiction.
(1) A period of 60 days shall be allowed for the CUPA to respond to the Notice of Intent to withdraw certification and to correct deficiencies.
(2) A public hearing may be scheduled, at which the Secretary may hear the CUPA's response to the Notice of Intent to withdraw.
(c) If a city or joint powers agency certified as a CUPA and implementing the Unified Program within a city desires to withdraw as a CUPA, it shall give 180 days notice to the Secretary and to the county within which the city is located or to the joint powers agency with which the county has an agreement to implement the Unified Program prior to withdrawing from its Unified Program obligations. A successor CUPA will be chosen in accordance with the provisions of Section 25404.3(f) of the Health and Safety Code.

Note: Authority cited: Sections 25404, 25404(b), 25404.3(g) and 25404.6(c), Health and Safety Code. Reference: Sections 25404.3(g) and 25404.4(a), Health and Safety Code.

s 15330. Under what circumstances will a CUPA and its participating agencies be evaluated after certification?
(a) The Secretary shall coordinate the evaluation of a CUPA's implementation of the requirements of Health and Safety Code, Chapter 6.11 and California Code of Regulations, Title 27, Chapter 1 at least once every three years. The Secretary shall coordinate the evaluation of a CUPA with all state agencies with Unified Program responsibilities.
(1) The annual self-auditing and reporting requirements pursuant to Sections 15280 and 15290 and the specific performance standards established in regulation by the Secretary or the state agencies responsible for one or more of the program elements shall be used for the evaluation of the CUPA.
(2) Nothing in this section shall limit the authority of the Secretary to request records or documents for use in conducting the state performance evaluation that are normally maintained by the CUPA in the course of implementing the Unified Program or otherwise required by law to be retained by the CUPA.
(3) For an agency authorized to continue its role, responsibilities, and authority for a program element or elements pursuant to Health and Safety Code Sections 25404.3(f) or 25533(f), the performance evaluation shall only cover the program element or elements that particular agency is authorized to continue to operate.
(b) The CUPA shall evaluate its participating agencies on an annual basis at the time of the Self-Audit pursuant to Section 15280, or as necessary to maintain standards required in Health and Safety Code, Chapter 6.11, the statutes governing specific program elements, and the specific performance standards established in regulation by the Secretary or the state agencies responsible for overseeing one or more of the program elements.

Note: Authority cited: Sections 25404(b) and 25404.6(c), Health and Safety Code. Reference: Sections 25143.10, 25144.6, 25200.3, 25201, 25201.5, 25201.13, 25201.14, 25286, 25287, 25404.2(c), 25404.3(d), 25404.4(a)(1) and 25506, Health and Safety Code.

s 15400. What is the Unified Program Consolidated Form?
(a) The Unified Program Consolidated Form (UPCF) (1/99), defined in section 15110 and shown in Division 3, Subdivision 1, Chapter 6, Forms, is a standardized form to be used by CUPAs in the Unified Program to collect information from regulated businesses. The UPCF is a single, comprehensive format that consolidates business-to-CUPA reporting requirements within the Unified Program.
(b) The UPCF may be reproduced or electronically duplicated as needed.

Note: Authority cited: Sections 25404(b), (c), (d), and (e) and 25404.6(c), Health and Safety Code. Reference: Sections 25143.10, 25144.6, 25200.3, 25200.14, 25201, 25201.4.1, 25201.5, 25201.13, 25281.2, 25218.9, 25245.4, 25286, 25287, 25503.5, 25505, 25506 and 25509, Health and Safety Code.

s 15400.1. What is the format of the UPCF and its required elements?
(a) The format of the UPCF refers to the way it is organized [see Figure 5]. The UPCF contains the following sections:
(1) Facility Information, to be completed by all regulated businesses:
(A) Business Activities
(B) Business Owner/Operator Identification (OES Form 2730)

(2) Hazardous Materials:
(A) Hazardous Materials Inventory-Chemical Description (OES Form 2731)
(3) Tanks:
(A) Underground Storage Tank (UST) Facility (formerly SWRCB Form A)
(B) UST Tank (formerly SWRCB Form B)
(C) UST Installation-Certificate of Compliance (formerly SWRCB Form C)
(4) Hazardous Waste
(A) Recyclable Materials Report (per Health and Safety Code, Section 25143.10)
(B) Onsite Hazardous Waste Treatment Notification-Facility (formerly DTSC Form 1772)

(C) Onsite Hazardous Waste Treatment Notification-Unit (formerly DTSC Forms 1772A, B, C, D, E, and L)
(D) Certification of Financial Assurance for Permit by Rule and Conditionally Authorized Onsite Treaters (formerly DTSC Form 1232)
(E) Remote Waste Consolidation Site Annual Notification (formerly DTSC Form 1196)
(F) Hazardous Waste Tank Closure Certification (formerly DTSC Form 1249)
(b) Regulated businesses shall report required elements that are applicable to their business to the CUPA by submitting the sections of the UPCF, a business generated facsimile, or an alternative version developed by their CUPA.

s 15400.2. What is the relationship between the UPCF and the forms previously adopted by State departments for the individual program elements?
(a) The Business Owner/Operator Identification page and Hazardous Materials Inventory-Chemical Description page have been adopted by the Office of Emergency Services [Reference Title 19 California Code of Regulations Sections 2729.2(a) and (b)]. These pages are incorporated into the UPCF to achieve coordination in the implementation of the Unified Program and for the convenience of CUPAs and regulated businesses.
(b) Completion of the applicable sections of the UPCF fulfills the requirements to submit the following previously used forms:
(1) The Underground Storage Tank Program Forms A, B, and C previously adopted by the State Water Resources Control Board.
(2) The Recyclable Materials Reporting Form previously adopted by the California Conference of Directors of Environmental Health (9/91)
(3) The Onsite Hazardous Waste Treatment Notification Forms previously adopted as DTSC 1772, 1772 A, B, C, D, E, L, and the Certification of Financial Assurance for Permit by Rule and Conditionally Authorized Operations, DTSC 1232 (8/96) previously adopted by the Department of Toxic Substances Control.
(4) The Remote Waste/Consolidation Site Annual Notification Form DTSC 1196.
(5) The Hazardous Waste Tank Closure Certification Form previously adopted as DTSC 1249 (8/98).
(c) To the extent not prohibited by law, completion by a regulated business of its CUPA's alternative version of the UPCF or a business generated facsimile also satisfies the requirements of the above in subdivisions (a) and (b) of this section.

Note: Authority cited: Sections 25404(b), (c), (d), and (e) and 25404.6(c), Health and Safety Code. Reference: Sections 25143.10, 25144.6, 25200.3, 25200.14, 25201, 25201.4.1, 25201.5, 25201.13, 25201.14, 25218.2, 25218.9, 25245.4, 25286, 25287, 25503.5, 25505, 25506 and 25509, Health and Safety Code.

s 15400.3. When must a CUPA use and distribute the UPCF and when are CUPA alternative versions allowed?
(a) The CUPA shall distribute copies of the UPCF to any regulated business or member of the public upon request. A CUPA may add the name of the CUPA, a logo, and address, phone number, and other identifying information to the UPCF title or footer on one or more pages, without the customized UPCF being considered an alternative version subject to the conditions adopted by this section.
(b) The CUPA shall accept the UPCF as shown in Division 3, Subdivision 1, Chapter 6, Forms from any regulated business that chooses to use it, even if the CUPA adopts one or more alternative versions of the UPCF.
(c) A CUPA may create alternative versions of the UPCF for local purposes such as streamlining for small businesses or addressing a specific type of industry. Any alternative version of the UPCF shall:
(1) Collect all of the information found on the UPCF that applies to the regulated businesses using the data element definitions established by the data dictionary.
(2) Be consistent with the data standards adopted throughout Article 5 through 10 of these regulations.
(3) Use the same section order as shown in Section 15400.1.
(4) Be developed in consultation with all other agencies within the CUPA's jurisdiction that are responsible for fire protection, emergency response, and environmental health.
(5) Not duplicate data elements between sections of the UPCF other than facility ID number and facility name.
(6) Comply with all applicable federal and state laws.
(d) Alternative versions of the UPCF adopted by a CUPA shall include this written disclaimer statement on a cover page or the front page, printed using a font larger than or equal to 8 points for readability: "This form was developed by the CUPA as an alternative version of the Unified Program Consolidated Form (UPCF). Businesses have the option to use it or the UPCF adopted in state regulations. The CUPA or Participating Agency (PA) must accept the state UPCF and cannot require a business to use the alternative version developed by the CUPA. The CUPA and PA can require businesses to provide additional information on either the UPCF or a supplemental page to that document."
(e) Each CUPA shall provide instructions to the regulated businesses when distributing the UPCF and any alternative versions. These instructions must be consistent with the instructions adopted in California Code of Regulations Title 19, Article 4, Appendix B.

Note: Authority cited: Sections 25404(b), (c), (d), and (e) and 25404.6(c), Health and Safety Code. Reference: Sections 25503.5(a) and (b)(1) and (2), 25505 and 25509, Health and Safety Code.

s 15400.4. Under what conditions will CUPAs be allowed to require businesses to submit additional information?
(a) CUPAs shall collect additional local information on either supplemental pages or within the UPCF in the boxes provided on the Business Owner/Operator Identification page (OES Form 2730) and the Hazardous Materials Inventory-Chemical Description page (OES Form 2731).
(b) CUPAs that have created one or more alternative versions of the UPCF [refer to section 15400.3(c)] may add supplemental requests for information within the alternative version, to the extent space is available.
(c) CUPAs are prohibited from requesting duplicative information in a different format if that information is part of the Data Dictionary, the UPCF, or that CUPA's alternative version of the UPCF.

Note: Authority cited: Sections 25404(b), (c), (d), and (e) and 25404.6(c), Health and Safety Code. Reference: Sections 25503.3(a) and 25505, Health and Safety Code.

s 15410. What forms must be used by Household Hazardous Waste facilities regulated under the Unified Program?
Reserved--under development by Cal/EPA the Department of Toxic Substances Control

s 15600. What documents are regulated businesses required to submit to CUPAs?
(a) A copy of the Business Activities Page and Business Owner/Operator Page (OES Form 2730) shall be submitted with every submission of pages of the Unified Program Consolidated Form (UPCF).
(b) Regulated businesses are required to meet the reporting requirements of any applicable program element of the Unified Program. Many of those reporting requirements are satisfied by completing sections of either the UPCF, an alternative version [Refer to 15400.3], or a computer generated facsimile.
(c) Businesses may report to the CUPA electronically, if the CUPA agrees [refer to Section 15187].
(d) Other documents may also be required by federal and state statutes and regulations or by local ordinance.

Note: Authority cited: Sections 25404(b), (c), (d), and (e) and 25404.6(c), Health and Safety Code. Reference: Sections 25143.10, 25144.6, 25200.3, 25200.14, 25201, 25201.4.1, 25201.5, 25201.13, 25218.2, 25218.9, 25245.4, 25286, 25287, 25503.5, 25505, 25506 and 25509, Health and Safety Code.

s 15610. When must regulated businesses use the UPCF and when are business generated facsimiles allowed?
(a) Regulated businesses shall use either the applicable sections of the UPCF or an alternative version of the UPCF adopted by the CUPA in their jurisdiction, if one is available.
(b) Regulated businesses may satisfy this requirement by submitting computer-generated facsimile forms. A facsimile of the UPCF shall meet the following specifications:

(1) It shall contain all the information required on the UPCF and defined by the data dictionary for those regulated businesses. It shall use the same section format and present the required information in the order and general sequencing on the page as shown on the UPCF. The facsimile form shall be printed on 8 1/2 by 11 inch paper in 'portrait' format. It shall retain all labels and identifiers for the UPCF sections, pages, and subsections. Current page breaks shall be maintained, although a page for supplemental local information may be added between UPCF page breaks.
(2) It is not required to be an exact copy or to use identical fonts, boxing, shading, or other graphic design elements of the UPCF.
(c) The CUPA shall determine if business-generated facsimiles comply with the requirements of subsection (b). The CUPA may also allow businesses to submit facsimiles of their alternative versions of the UPCF.
(d) To the extent not prohibited by law, the CUPA may assist businesses to revise their information by providing copies of completed reports based on previous submittals. These reports shall be in the general format of the UPCF or the alternative version. A business that revises, certifies, and returns this report to the CUPA satisfies the requirements to complete the appropriate sections of the UPCF. Regulated businesses are not required to use these CUPA generated reports and have the option to submit updated information using the UPCF or a facsimile.
(e) To the extent not prohibited by law, a business subject to the hazardous materials reporting requirements may comply with the annual inventory reporting requirement by submitting a certification statement to the CUPA if both of the following apply:
(1) The business has previously filed the appropriate pages of the UPCF or an alternative version and
(2) The business owner or officially designated representative signs and attests to these statements:
(A) The information contained in the annual inventory form most recently submitted to the CUPA is complete, accurate, and up to date.
(B) There has been no change in the quantity of any hazardous material as reported in the most recently submitted annual inventory form.

(C) No hazardous materials subject to the inventory requirements are being handled that are not listed on the most recently submitted annual inventory form.
(D) The most recently submitted annual inventory form contains the information required by Section 11022 of Title 42 of the United States Code.

Note: Authority cited: Sections 25404(b), (c), (d), and (e), 25404.6(c), and 25505(d), Health and Safety Code. Reference: Sections 25143.10, 25144.6, 25200.3, 25200.14, 25201, 25201.4.1, 25201.5, 25201.13, 25218.2, 25218.9, 25245.4, 25286, 25287, 25501, 25503.3(b) and (c), 25503.5(c), 25505, 25506 and 25509, Health and Safety Code.

s 15620. When must businesses submit, update, amend, revise, or resubmit the UPCF?
(a) Regulated businesses shall comply with the established dates or events that trigger the requirements for businesses to submit information required as part of the Unified Program and submitting the appropriate sections of the UPCF, the alternative version, or a computer generated facsimile. A CUPA may establish other specific dates for submission of information consistent with state and federal law.
(b) Different parts of the UPCF, the alternative version, or a computer generated facsimile may be submitted separately. Each submission shall be accompanied by the Business Owner/Operator Identification page and shall be signed with an original signature. The Business Activities page shall also be resubmitted whenever any information reported on it changes.

Note: Authority cited: Sections 25404(b), (c), (d), and (e) and 25404.6(c), Health and Safety Code. Reference: Sections 25143.10, 25144.6, 25200.3, 25200.14, 25201, 25201.4.1, 25201.5, 25201.13, 25218.2, 25218.9, 25245.4, 25286, 25287, 25503.5, 25505, 25506 and 25509, Health and Safety Code.

Appendix A Certified Unified Program Agency (CUPA) Application Cover Sheet Completeness Checklist
JURISDICTION NAME: ________________________
CONTACT PERSON NAME: ______________________
ADDRESS: _________________________________
MAILING ADDRESS (if different): _____________________
DATE OF APPLICATION: _____________________
TELEPHONE NUMBER: _____________ FACSIMILE NUMBER: __________

-------------------------------------------------------------------------------
ITEM DESCRIPTION CITATION PAGE#
-------------------------------------------------------------------------------
1 Appendix A\or this checklist 15150(e)(1)
-------------------------------------------------------------------------------
2 Demographic Information 15150(e)(4)
-------------------------------------------------------------------------------
3 Applicant Information 15150
-------------------------------------------------------------------------------
4 Implementation History 15150(e)(16)
-------------------------------------------------------------------------------
5 Geographic Scope 15150(e)(3),
(e)(2)
-------------------------------------------------------------------------------
6 Structure of CUPA 15150(e)(5)
-------------------------------------------------------------------------------
7 Authorization 15150(c)
-------------------------------------------------------------------------------
7A Regulatory Authority
-------------------------------------------------------------------------------
7B Ordinances & Resolutions 15150(c)(1) &
(2)
-------------------------------------------------------------------------------
8 CUPA and PA Issues 15150(d)
-------------------------------------------------------------------------------
9 Unified Program Implementation Plan 15150(e)(6)
-------------------------------------------------------------------------------
10 Consolidated Permit Plan 15150(e)(10)
-------------------------------------------------------------------------------
11 Inspection & Enforcement Plan 15150(e)(11)
-------------------------------------------------------------------------------
12 Fee Accountability Program 15150(e)(12)
-------------------------------------------------------------------------------
12A Staff Resource Adequacy 15170(b)(3)(A-E)
(b)(4), (b)(5)
-------------------------------------------------------------------------------
12B Budget Adequacy/Annual Funding 15150(e)(14)
15170(c)
-------------------------------------------------------------------------------
12C Contents of Fee Accountability Program 15170(f)
and Cost Calculation Methods 15210(b)(1)
-------------------------------------------------------------------------------
13 Single Fee Implementation Plan 15150(e)(13)
-------------------------------------------------------------------------------
14 Reporting & Auditing Requirements 15150(e)(15)
-------------------------------------------------------------------------------
15 Recordkeeping & Cost Accounting Systems 15150(e)(17)
-------------------------------------------------------------------------------
16 Title 22, CCR, Section 66272.10 Compliance 15150(e)(18)
-------------------------------------------------------------------------------
17 Training and Technical Expertise 15150(e)(8)
15150(e)(7)
-------------------------------------------------------------------------------
18 Additional Programs Elements 15150(e)(19)
-------------------------------------------------------------------------------
19 No Adverse Impacts/Less 15150(e)(20)
Fragmentation/Coordination and Consistency 15150(e)(21)
-------------------------------------------------------------------------------
20 Certifications 15150(e)(9) 15150(e)(1-
4)
15150(e)(1-
5)
-------------------------------------------------------------------------------
21 Signature of Authorized Representative 15150(b)
-------------------------------------------------------------------------------
22 County Waiver of Surcharge Assessment HSC
25404.5(d)
(Optional)
-------------------------------------------------------------------------------
TABLES
-------------------------------------------------------------------------------
1 Enumerations/Demographic Information 15150(e)(4)
-------------------------------------------------------------------------------
2 Summary of Program Activities 15150(e)(16)
-------------------------------------------------------------------------------
3 Time Allocation of Staff 15150(e)(14)
15170(b)
-------------------------------------------------------------------------------
4 Training and Technical Expertise 15150(e)(7)
15150(e)(8)
-------------------------------------------------------------------------------
5 Reporting and Auditing Requirements
-------------------------------------------------------------------------------
6 Reporting and Auditing Requirements
-------------------------------------------------------------------------------
7 Surcharge Transmittal Report 15250(b)
-------------------------------------------------------------------------------
8 Annual Single Fee Summary Report 15280(b)
-------------------------------------------------------------------------------
CHARTS
-------------------------------------------------------------------------------
Implementation Timeline 15150(e)(6)(A)
-------------------------------------------------------------------------------
FIGURE
-------------------------------------------------------------------------------
Organizational Chart 15150(e)(5)
-------------------------------------------------------------------------------

Only one signature will be required for the Certified Unified Program Agency Application. Please see the signature block located in Attachment 2 (Certification Sheet).

Appendix B Certified Unified Program Agency (CUPA) Applicant Certification
I hereby certify the following:
1. I have read and understand Sections 15130 and 15150(e)(9), (14) and (15) of Article 3, Chapter 1, Subdivision 4, Division 1, Title 27 of the California Code of Regulations.
2. The administrative procedures of the proposed Unified Program, as implemented by my agency, will meet the standards described in Section 15180 of Title 27, CCR.
3. The Unified Program, as implemented by my agency, will meet the reporting requirements as described in Article 6 of Title 27, CCR.
4. All responsible agencies involved in the implementation of the Unified Program, as proposed by this application, have adequate resources to carry out the Unified Program.
5. If I am a non-county entity, that I have notified the county of my intent to apply to administer the Unified Program within my jurisdiction.
6. I agree to use state certified laboratories for analysis required under the Generator Program by Health and Safety Code Chapter 6.5 (refer to Health and Safety Code Section 25198)
7. The information provided within this application is true to the best of my knowledge.
8. I understand that this certification is an integral part of the formal application for certification as a Certified Unified Program Agency, and that any false statement may be grounds for denial or revocation of the Unified Program authorization by the Secretary of the California Environmental Protection Agency.

_______________________________ ___________________
Signature of Elected Official or Date
Authorized Representative
_________________________________
Title
_________________________________
Jurisdiction

TABLE 1
ENUMERATION/DEMOGRAPHIC INFORMATION
PROGRAM #OF MANDATED APPLICANT AGENCY
BUSINESSES INSPECTION INSPECTION TO
OR # UST's FREQUENCY FREQUENCY INSPECT
---------------------------------------------------------------------------
Total $ of all regulated
businesses
---------------------------------------------------------------------------
UST program at least once
every 3 years
---------------------------------------------------------------------------
Total of UST's
---------------------------------------------------------------------------
SPCC
---------------------------------------------------------------------------
HMMP [FNa1]N
---------------------------------------------------------------------------
HMRRP at least once
every 3 years
---------------------------------------------------------------------------
PBR at least once
every 3 years
---------------------------------------------------------------------------
CA at least once
every 3 years
---------------------------------------------------------------------------
CE at least once
every 3 years
---------------------------------------------------------------------------
RMPP at least once
every 3 years
---------------------------------------------------------------------------
Generators no
mandated
frequency [FNa2]
---------------------------------------------------------------------------

[FNa1] If the HMMP is fully covered by the HMRRP, leave this row blank.
[FNa2] Although the generator program has no mandated inspection frequency, if generator inspections are to be incorporated as part of the Unified Program, their inspection frequency should be coordinated with the inspection frequencies of the other Unified Program elements.
Regulatory Citations: Title 27, CCR Section 15150(e)(4)
Title 27, CCR Section 15170(b)(1)
Title 27, CCR Section 15200(b)
Title 27, CCR Section 15200(f)(1)(A-C)
Title 27, CCR Section 15210(b)(1)(F-H)
Title 27, CCR Section 15150(e)(16)
Title 27, CCR Section 15200(b)(1-5)

(Cal/EPA T01 11/95)
Instructions for Table 1

Fill in the Jurisdiction name that is the reporting applicant agency or CUPA. Fill out the blank and unshaded boxes.
# OF BUSINESSES - Number of businesses regulated under each of the programs listed. MANDATED INSPECTION FREQUENCY - Lists the statutorily required minimum inspection frequency. APPLICANT INSPECTION FREQUENCY - The inspection frequency established by the applicant agency in the Inspection and Enforcement Plan. AGENCY TO INSPECT - Which internal CUPA department, office, or agency will inspect or which external local government (participating agency) will inspect.
Total # of all regulated businesses - Total of all businesses within all regulated programs. Do not double count businesses for this total. Example: A business that stores hazardous waste in two underground tanks for use in an onsite PBR treatment process. This business would count as one (1) regulated business for the "Total # of all regulated businesses" block of the chart. This same business would count as one (1) regulated business in the Underground Storage Tank program (UST program) with a total of two Underground Storage Tanks (UST's), one (1) regulated business in the HMRRP, one (1) regulated business in the generator program, and one (1) regulated business in the PBR Onsite Hazardous Waste Treatment program.
UST program - Underground Storage Tank program
Total # of USTs - Total number of underground storage tanks that the business has onsite.
SPCC - Spill Prevention Control and Countermeasure Plan.
HMMP - Hazardous Material Management Plan.
HMRRP - Hazardous Materials Release Response Plan and Inventory Program.
PBR - Permit-By-Rule Onsite Hazardous Waste Treatment program.
CA - Conditionally Authorized Onsite Hazardous Waste Treatment program.
CE - Conditionally Exempt Onsite Hazardous Waste Treatment program.

RMPP - Risk Management and Prevention Program.
Generators - Hazardous Waste Generator program.
Instructions for Table 2

Fill in the Jurisdiction name that is the reporting applicant agency or CUPA. Fill in the fiscal year that the Table is used for. Fill out the blank and unshaded boxes. See instructions for Table 1 for definitionsof program abbreviations. PROGRAM (continued)