"Nonemergency Hazardous Substance Release Report Form" - California

Nonemergency Hazardous Substance Release Report Form is a legal document that was released by the California Department of Toxic Substances Control - a government authority operating within California.

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Fact Sheet Update – January 2008
REPORTING NONEMERGENCY HAZARDOUS
SUBSTANCES RELEASES
(Pursuant to Health and Safety Code Section 25359.4)
FACT SHEET PURPOSE:
The purpose of this Fact Sheet is to reiterate the current procedure for reporting releases
pursuant to Health and Safety Code section 25359.4, which includes all of the current
legislative requirements, and to provide updated contact information. The statutory basis for
reporting requirements has not changed recently (refer to Page 4 for information on the
Legislative Background). The Department has attempted to minimize the number of reports
individuals or companies must submit to different State agencies concerning a release.
However, the Department does need to be informed of those properties where a release
may pose a significant threat to public health and safety or to the environment. This Fact
Sheet is intended to clarify what should be reported to the Department.
The current text of Health and Safety Code section 25359.4 reads as follows:
“(a) A person shall not release, or allow or cause a release of, a reportable quantity of a
hazardous substance into the environment that is not authorized or permitted pursuant to
state law.
(b) Any release of a reportable quantity of hazardous substance shall be reported to the
department in writing within 30 days of discovery, unless any of the following apply:
(1) The release is permitted or in the permit process.
(2) The release is authorized by state law.
(3) The release requires immediate reporting to the Office of Emergency Services
States
pursuant to Section 11002 or 11004 of Title 42 of the United
Code, or pursuant to
Section 25507.
(4) The release has previously been reported to the department or the Office of
Emergency Services.
(5) The release occurred prior to January 1, 1994.
(c) For the purposes of this section, "reportable quantity" means either of the following:
(1) The quantity of a hazardous substance established in Part 302 (commencing with
Section 302.1) of Title 40 of the Code of Federal Regulations, the release of which requires
notification pursuant to that part.
(2) Any quantity of a hazardous substance that is not reportable pursuant to paragraph (1),
but that may pose a significant threat to public health and safety or to the environment. The
department may establish guidelines for determining which releases are reportable under
this paragraph.
(d) The owner of property on which a reportable release has occurred and any person who
releases, or causes a reportable release and who fails to make the written report required by
subdivision (b), shall be liable for a penalty not to exceed twenty-five thousand dollars
($25,000) for each separate violation and for each day that a violation continues. Each day
on which the released hazardous substance remains is a separate violation unless the
person has either filed the report or is in compliance with an order issued by a local, state, or
federal agency with regard to the release.
(e) Liability under this section may be imposed in a civil action or may be administratively
imposed by the department pursuant to Section 25359.3.
(f) If the violation of subdivision (b) results in, or significantly contributes to, an emergency,
including, but not limited to, a fire, to which a county, city, or district is required to respond,
the responsible party may be assessed the full cost of the emergency response by the city,
county, or district.”
Fact Sheet Update – January 2008
REPORTING NONEMERGENCY HAZARDOUS
SUBSTANCES RELEASES
(Pursuant to Health and Safety Code Section 25359.4)
FACT SHEET PURPOSE:
The purpose of this Fact Sheet is to reiterate the current procedure for reporting releases
pursuant to Health and Safety Code section 25359.4, which includes all of the current
legislative requirements, and to provide updated contact information. The statutory basis for
reporting requirements has not changed recently (refer to Page 4 for information on the
Legislative Background). The Department has attempted to minimize the number of reports
individuals or companies must submit to different State agencies concerning a release.
However, the Department does need to be informed of those properties where a release
may pose a significant threat to public health and safety or to the environment. This Fact
Sheet is intended to clarify what should be reported to the Department.
The current text of Health and Safety Code section 25359.4 reads as follows:
“(a) A person shall not release, or allow or cause a release of, a reportable quantity of a
hazardous substance into the environment that is not authorized or permitted pursuant to
state law.
(b) Any release of a reportable quantity of hazardous substance shall be reported to the
department in writing within 30 days of discovery, unless any of the following apply:
(1) The release is permitted or in the permit process.
(2) The release is authorized by state law.
(3) The release requires immediate reporting to the Office of Emergency Services
States
pursuant to Section 11002 or 11004 of Title 42 of the United
Code, or pursuant to
Section 25507.
(4) The release has previously been reported to the department or the Office of
Emergency Services.
(5) The release occurred prior to January 1, 1994.
(c) For the purposes of this section, "reportable quantity" means either of the following:
(1) The quantity of a hazardous substance established in Part 302 (commencing with
Section 302.1) of Title 40 of the Code of Federal Regulations, the release of which requires
notification pursuant to that part.
(2) Any quantity of a hazardous substance that is not reportable pursuant to paragraph (1),
but that may pose a significant threat to public health and safety or to the environment. The
department may establish guidelines for determining which releases are reportable under
this paragraph.
(d) The owner of property on which a reportable release has occurred and any person who
releases, or causes a reportable release and who fails to make the written report required by
subdivision (b), shall be liable for a penalty not to exceed twenty-five thousand dollars
($25,000) for each separate violation and for each day that a violation continues. Each day
on which the released hazardous substance remains is a separate violation unless the
person has either filed the report or is in compliance with an order issued by a local, state, or
federal agency with regard to the release.
(e) Liability under this section may be imposed in a civil action or may be administratively
imposed by the department pursuant to Section 25359.3.
(f) If the violation of subdivision (b) results in, or significantly contributes to, an emergency,
including, but not limited to, a fire, to which a county, city, or district is required to respond,
the responsible party may be assessed the full cost of the emergency response by the city,
county, or district.”
Answer: “Discovery” occurs when a person finds,
COMMONLY ASKED QUESTIONS:
learns, or otherwise acquires knowledge that a
Question: What is a hazardous substance?
hazardous substance has been released.
Answer: The definition of hazardous substance in
Question: Who is required to report nonemergency
Health and Safety Code section 25316 is broad and
releases?
far reaching. It encompasses several federal
Answer: “The owner of property on which a
environmental statutes that contain lists of hazardous
reportable release has occurred and any person who
substances.
releases, or causes a reportable release …”
Health and Safety Code section 25316 defines
[HEALTH AND SAFETY CODE SECTION 25359.4
“hazardous substance” as:
(d).]
Question: Are consulting firms required to report
“… (a) Any substance designated pursuant to
releases?
Section 1321 (b) (2) (A) of Title 33 of the United
States Code. [CLEAN WATER ACT.]
Answer: Yes, consulting firms are required to report
nonemergency releases if they meet the conditions
(b) Any element, compound, mixture, solution, or
specified in Health and Safety Code section 25359.4
substance designated pursuant to Section 102 of the
(d).
federal act (42 United States Code 9602).
[COMPREHENSIVE ENVIRONMENTAL
Question: What releases must be reported?
RESPONSE, COMPENSATION, AND LIABILITY
ACT OF 1980 (CERCLA).]
Answer: Both new and past releases of a reportable
quantity of a hazardous substance must be reported
(c) Any hazardous waste having the characteristics
unless: (1) an exemption from Health and Safety
identified under or listed pursuant to Section 6921 of
Code section 25359.4(b) applies to the release, (2)
Title 42 of the United States Code, but not including
the release has already been remedied with the
any waste the regulation of which under the Solid
Department’s oversight, or (3) responsible parties are
Waste Disposal Act (42 U.S.C. Sec. 6901 et seq.)
already working with the Department to address the
has been suspended by act of Congress.
uncontrolled release under an existing agreement,
[RESOURCE CONSERVATION AND RECOVERY
order, or notice of violation. (See “Examples of
ACT (RCRA).]
Reportable Releases” and “Examples of Releases
That Are Not Reportable Pursuant To Health and
(d) Any toxic pollutant listed under Section 1317 (a)
Safety Code section 25359.4.”)
of Title 33 of the United States Code. [CLEAN
WATER ACT, TOXIC POLLUTANT LIST.]
PROCEDURES FOR REPORTING
(e) Any hazardous air pollution listed under Section
NONEMERGENCY RELEASES:
7412 of Title 42 of the United States Code [CLEAN
The procedures for reporting nonemergency
AIR ACT.]
hazardous substance releases are:
(f) Any imminently hazardous chemical substance or
A property owner or a person who releases or
mixture with respect to which the Administrator of the
causes a reportable hazardous substance
United States Environmental Protection Agency has
release shall make a written report to the
taken action pursuant to Section 2606 of Title 15 of
Department within 30 days of discovery of the
the Untied States Code. [TOXIC SUBSTANCES
release.
CONTROL ACT (TSCA).]
(g) Any hazardous waste or extremely hazardous
A copy of the “Nonemergency Hazardous
waste as defined by Sections 25117 and 25115,
Substances Release Report” format is
respectively, unless expressly excluded.”
attached to this Fact Sheet. Instructions for
[HAZARDOUS WASTE CONTROL ACT.]
completing the format are included (see
attachment).
Question: What is a release?
The addresses and phone numbers of the
Answer: According to the definition in Health and
Department’s four Regional Offices are shown in
Safety Code section 25320, a release is “…any
the instructions to the attached report form. The
spilling, leaking, pumping, pouring, emitting,
report is to be mailed to the Department’s
emptying, discharging, injecting, escaping, leaching,
Regional Office in the region where the release
dumping, or disposing into the environment.”
occurred.
Question: When does “discovery” occur?
2
EXAMPLES OF REPORTABLE RELEASES:
the company’s facility. A consultant has provided
advice that the release does not pose an emergency
The criteria for determining whether a person must
to either the public health or the environment, so no
report a release under Health and Safety Code
report to OES is required.
section 25359.4 are:
A written report is required within 30 days of
1) There has been a release of a “reportable quantity”
discovery, because groundwater has been
of a hazardous substance, or
impacted.
2) There has been a release of any quantity of a
D) A dry cleaner sells his business and the new
hazardous substance, but even if the quantity is not a
owner discovers a problem with approximately
reportable quantity pursuant to Health and Safety
10,000 pounds of cleaning fluid containing
Code section 25359.4(c)(1), because of the release’s
perchloroethylene that either was spilled and/or
concentration, quantity, or characteristics, the release
dumped at the back of the lot. The new owner hires
may pose a significant threat to public health and
a consultant and some contaminated soil is
safety or to the environment.
excavated and disposed of at a landfill. This work
occurred without departmental or local agency
The following examples present some typical
oversight. After a few years, the business fails and
situations and illustrate the Department’s guidelines
the dry cleaning operation reverts to the former
which require reporting under Health and Safety
owner’s children. They are aware of the past release
Code section 25359.4:
and know there was no agency oversight of the
A) A property owner begins developing commercial
original removal. The reportable quantity for
property and a bulldozer uncovers soil contaminated
perchloroethylene is 100 pounds.
with “lamp black.” The contaminated soil does not
A written report by the owners (both the first new
require immediate action (there is no threat of fire or
owner and the former owner’s children) is
explosion or an immediate threat to public health or
required within 30 days of discovery, because
to the environment). The property owner analyzes
there was a release of a reportable quantity of
the contaminated soil for hazardous substances. Lab
perchloroethylene and the owners knew there
analysis results determine that benzo[a]pyrene, a
was no agency oversight of the original removal.
constituent of “lamp black,” is present at 10 parts per
million.
E) A two-acre commercial parcel was used as a truck
Based on an estimated volume of contaminated soil,
wash for large tanker trucks that hauled pesticides
the total of amount of benzo[a]pyrene exceeds the
and other chemicals. Contaminated wash water was
reportable quantity of one pound.
dumped onto unpaved surface areas. After 10 years
of operation, the city revoked the company’s land use
A written report is required within 30 days of
permit, and the property was abandoned by the
discovery, because a reportable quantity of a
owners. No cleanup activity occurred.
hazardous substance has been released.
When the existing or a new owner learns of the
B) A Trucker is transporting flammable liquid and
past dumping and that the contaminated wash
spills the contents of the truck onto the highway and
water contained reportable quantities of
adjoining private property. The trucker immediately
hazardous substances, a written report is
contacts the Office of Emergency Services (OES)
required within 30 days of discovery.
and the local emergency response agencies. The
emergency cleanup is completed by removing the
majority of the flammable liquid, so that there is no
EXAMPLES OF RELEASES THAT ARE NOT
threat of fire and explosion.
REPORTABLE PURSUANT TO HEALTH AND
SAFETY CODE SECTION 25359.4:
Residual contamination exists in the soil and there is
a shallow water table.
The release is permitted or in the permit process.
The release is authorized by State law.
The emergency release cleanup does not require
The release requires immediate reporting to OES
a written report because the release was reported
pursuant to section 11002 or 11004 of Title 42 of
to OES. However, the residual soil contamination
the United States Code (U.S.C.), or pursuant to
may pose a significant threat to groundwater, and
Health and Safety Code section 25507.
therefore, a written nonemergency release report
The release has previously been reported to the
is required within 30 days of the incident.
Department or OES.
C) A manufacturer of computer chips has discovered
The release occurred prior to January 1, 1994.
that groundwater is contaminated with
Releases of substances that are not designated
trichloroethylene which may have been released from
3
as hazardous substances in Health and Safety
continues to release a reportable quantity of a
Code section 25316.
hazardous substance into the environment, is to
be reported within 30 days of discovery.
Releases of petroleum, including crude oil or any
fraction thereof which is not otherwise specifically
listed or designated as a hazardous substance in
LEGISLATIVE BACKGROUND
Health and Safety Code section 25316, as
designated in Health and Safety Code section
In 1992, Senate Bill (SB) 2057 (stats. 1992, ch. 1334)
25317(a).
created Health and Safety Code section 25359.4. SB
Natural gas releases or releases of natural gas
2057 established that unauthorized releases of
liquids, liquefied natural gas or mixtures of
hazardous substances are prohibited and required
natural gas and synthetic gas as designated in
that releases be reported directly to the Department
Health and Safety Code section 25317(a).
of Toxic Substances Control (Department).
Nontoxic, nonflammable, noncorrosive
stormwater run-off drained from underground
In 1993, Assembly Bill (AB) 2061 (stats. 1993, ch.
vaults, chambers, or manholes into gutters or
1184) amended this law to clarify that nonemergency
stormsewers as designated in Health and Safety
release reports must be made in writing to the
Code section 25317(b).
Department within 30 days of discovery. AB 2061
Past releases already remedied, with the
also specified that hazardous substance releases of
Department’s oversight and written approval.
a “reportable quantity” be reported pursuant to Health
Releases “authorized” or “permitted” under
and Safety Code section 25359.4. The purpose of
interim status documents, hazardous waste
Health and Safety Code section 25359.4 (as
amended by AB 2061) is to provide the Department
treatment, storage or disposal permits, including
corrective action and those that are allowed by,
with information concerning properties that may
or are being remediated under, orders or
require remediation because there is a current or
agreements issued by the Department.
potential significant threat to public health and safety
or to the environment because of hazardous
Any release which results in exposure to persons
substance releases.
solely within a workplace, with respect to a claim
such exposed persons may assert against their
On May 25, 1994, the Department issued a Fact
employer as designated in Health and Safety
Sheet and Reporting Form to provide guidance for
Code section 25321(a).
reporting nonemergency releases. The Department
Emissions from the engine exhaust of a motor
issued an Addendum to the Fact Sheet on January 4,
vehicle, rolling stock, aircraft, vessel, or pipeline
1995, based on the provisions of AB 2061.
pumping station engine as designated in Health
and Safety Code section 25321(b).
In 1995, AB 204 (stats. 1995, ch. 155) made further
Release of source, byproduct, or special nuclear
amendments to Health and Safety Code section
material from a nuclear incident, as those terms
25359.4 to specify that a release that occurred prior
are defined in the Atomic Energy Act of 1954 (42
to January 1, 1994 does not have to be reported
U.S.C. 2011, et seq.) if such release is subject to
under this section and to clarify the definition of
requirements with respect to financial protection
“reportable quantity.”
established by the Nuclear Regulatory
Commission under Section 2210 of Title 42
U.S.C. or, for the purposes of Section 104 of the
Federal Act (42 U.S.C. 9604) or any other
response action, any release of source
byproduct, or special nuclear material from any
processing site designated under Section
7912(a)(1) or 7942(a) of Title 42 U.S.C., which
sections are a part of the Uranium Mill Tailings
Radiation Control Act of 1978, as designated in
Health and Safety Code section 25321(c).
The normal application of fertilizer, plant growth
regulants, and pesticides, as designated in
Health and Safety Code section 25321(d).
Attachment:
RELEASES CONTINUING AFTER JANUARY 1,
Nonemergency Hazardous Substance Release
1994:
Report Format with Instructions
A hazardous substance release that initially
occurred PRIOR to January 1, 1994, but that
4
DEPARTMENT OF TOXIC SUBSTANCES CONTROL
NONEMERGENCY HAZARDOUS SUBSTANCE RELEASE REPORT
(Health and Safety Code section 25359.4)
Revised January 2008
State Use Only:
Regional Log #
I. RELEASE
A. Release discovered on (date): ________________________
Are any hazardous substances, as defined by Health and Safety Code section 25316, currently spilling,
leaking, pumping, pouring, emitting, emptying, discharging, injection, escaping, leaching, dumping, or
Yes
No
disposing into the environment?
B. Have any hazardous substances, as defined by Health and Safety Code section 25316, spilled, leaked,
pumped, poured, emitted, emptied, discharged, injected, escaped, leached, dumped, or been disposed
Yes
No
into the environment?
C. If you respond yes to “A.” or “B.” above, is/are the release(s) of a Reportable Quantity as established by
Yes
No
Part 302 of Title 40 of the Code of Federal Regulations:
Is/are the release(s) of a Reportable Quantity as defined by Health and Safety Code
Yes
No
section 25359.4(c)(2)?
Indicate below date of each occurrence if known (indicate Reportable Quantity amount if applicable):
D. Person Reporting:
Phone No.:
Association with site (e.g., owner, operator, business representative, other):
E. Site Name:
Site Address:
Site Phone No.:
Mailing Address (if different than above):
City:
County:
Site Contact Person:
Phone No.:
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